2. "Commercial feed" means all materials except whole seeds unmixed or physically altered entire unmixed seeds, when not adulterated within the meaning of paragraph 1 of Section 8-41.7 of this title, which are distributed for use as feed or for mixing in feed. The term “commercial feed” shall not include:

a. any feed or any ingredient of feed which is to be used by a

contract feeder and fed to livestock and poultry, owned solely by the manufacturer of the feed, or

b. hay, straw, stover, silage, cobs, husks, hulls, individual chemical

compounds or substances or other such commodities when these ingredient sources are not intermixed or mixed with other materials, and are not adulterated within the meaning of Section 8-41.7 of this title, such commodities shall also be exempt from the provisions of this subarticle;

3. "Contract feeder" means a person who as an independent contractor feeds animals pursuant to a contract, the feed is supplied, furnished, or provided to another person and the feeder's remuneration is determined solely or in part by feed consumption, mortality, profits, or amount or quality of product;

4. "Customer-formula feed" means commercial feed consisting of a mixture of commercial feeds or feed ingredients. Each batch is manufactured according to the specific instructions of the final purchaser;

5. "Deleterious substance" means any substance including, but not limited to, dust, dirt, filth, or excrement derived from insects, birds, except domestic poultry litter, rodents, or other animals that may render a feed material harmful or injurious when consumed by animals;

6. "Distribute" means to offer for sale, sell, exchange, barter, supply, furnish, or provide commercial feed;

7. "Distributor" means any person who distributes feed or feed ingredients;

8. "Drug" means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans and articles other than feed intended to affect the structure or any function of the animal body;

9. "Feed ingredient" means each of the constituent materials making up a commercial feed;

10. "Label" means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed;

11. "Labeling" means all labels and other written, printed, or graphic matter upon commercial feed or any of its containers or wrappers accompanying the commercial feed;

12. "Manufacture" means to grind, mix or blend, or further process a commercial feed for distribution;

13. "Mineral feed" means a commercial feed intended to supply primarily mineral elements or inorganic nutrients;

14. "Official sample" means any sample of feed taken by an authorized agent of the State Board of Agriculture;

15. "Percent" or "percentages" means a portion of each hundred units of weight;

16. "Pet" means any domesticated animal normally maintained in or near the household of the animal's owner;

17. "Pet food" means any commercial feed prepared and distributed for consumption by dogs or cats;

18. "Product name" means the name of the commercial feed which identifies it as to kind, class, or specific use;

19. "Specialty pet" means any domesticated animal pet normally maintained in a cage or tank, including, but not limited to, gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes, and turtles;

20. "Specialty pet food" means any commercial feed prepared and distributed for consumption by specialty pets; and

21. "Ton" means a net weight of two thousand (2,000) pounds avoirdupois.

§2-8-41.4. License to sell, offer, or expose for sale or distribute - Application - Suspension, cancellation, revocation, refusal of issuance or reissuance.

A. 1. Valid licenses are required by all persons whose name appears on

the label or invoice as the guarantor manufacturing or distributing of

a commercial feed product in this state. The license application

must list each manufacturing and distribution facility which is or will

be engaged in distributing any feed sold, offered for sale, or

distributed by the applicant. No license is required of a person

retailing or wholesaling commercial feed labeled and guaranteed by

another manufacturer. Any out-of-state person who has no

distribution facility within this state shall obtain a license for the

entity's principal out-of-state office if the out-of-state person or other

entity sells, offers or exposes for sale, or distributes any

commercial feed in this state.

2. Application shall be made on a form furnished by the State Board of Agriculture.

3. The Board may establish an annual fee for licensing distributors pursuant to the provisions of the Oklahoma Commercial Feed Law. The maximum license fee shall not exceed Twenty Dollars ($20.00), but in no case shall the fee exceed the reasonable costs of review and inspection services rendered by the Department in connection with implementing the provisions of the Oklahoma Commercial Feed Law. The Board shall follow the procedures required by the Administrative Procedures Act for promulgation of rules in establishing the licensing fees.

4. Licenses shall be renewed on a date to be determined by the Board. Commercial feed license renewal applications received thirty 30 days or more after the renewal date shall be subject to a late filing fee of Fifty Dollars ($50.00).

B. Any license may be suspended, canceled, revoked, or refused reissue by the Board after notice and opportunity for a hearing has been given to the holder of the license in accordance with the Administrative Procedures Act. Notice shall be given to the holder of the license by registered or certified mail at least twenty (20) days prior to the date of the hearing. The suspension, cancellation, revocation, refusal to issue, or reissue may be made if the Board finds any violation of the Oklahoma Commercial Feed Law or of rules or standards prescribed by the Board.

C. When the Board has reasonable cause to believe a violation of the law may exist, copies of labels and labeling of commercial feed being distributed may be requested in order to determine compliance with the provisions of the Oklahoma Commercial Feed Law, Section 8-41.1 et seq. of this title.

§2-8-41.5. Feed labels.

A commercial feed shall be labeled as follows:

1. A commercial feed, except a customer‑formula feed, shall be accompanied by a label bearing the following information:

a. net contents statement (weight or volume),

b. the product name and the brand name, if any, under which the

commercial feed is distributed,

c. the guaranteed analysis stated in such terms as the State Board

of Agriculture by rules determines is required to advise the user of

the composition of the feed or to support claims made in the

labeling. In all cases the substances or elements must be

determinable by laboratory methods such as the methods

published by the Association of Official Analytical Chemists

International,

d. the official, common, or usual name of each ingredient used in the

manufacture of the commercial feed. The Board by rule may

permit the use of a collective term for a group of ingredients

which perform a similar function, or they may exempt commercial

feeds, or any group, from this requirement of an ingredient

statement if they find that the statement is not required in the

interest of consumers,

e. the name and principal mailing address of the manufacturer or the

person responsible for distributing the commercial feed,

f. adequate directions for use for all commercial feeds containing

drugs and for other feeds as the Board may require for their safe

and effective use, and

g. precautionary statements the Board determines are necessary for

the safe and effective use of the commercial feed;

2. Label format shall comply with applicable state and/or federal packaging and labeling regulations; and

3. A customer‑formula feed shall be accompanied by a label, invoice, delivery slip, or other shipping document, bearing the following information:

a. name and address of the manufacturer,

b. name and address of the purchaser,

c. date of delivery,

d. the product name and brand name, if any, the net weight of each

commercial feed used in the mixture, and the net weight of each

ingredient used,

e. adequate directions for use for all customer‑formula feeds

containing drugs and for other feeds the Board may require for

their safe and effective use,

f. the direction for use and precautionary statements as required by

the Board, and

g. if a drug‑containing product is used:

(1) the purpose of the medication (claim statement), and

(2) the established name of each active drug ingredient and the

level of each drug used in the final mixture expressed in

accordance with rules promulgated by the Board.

§2-8-41.6. Misbranding.

A commercial feed shall be misbranded if:

1. Its labeling is false or misleading in any particular;

2. It is distributed under the name of another commercial feed;

3. It is not labeled as required in Section 8-41.5 of this title;

4. It purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless the commercial feed or feed ingredient conforms to the definition, if any, prescribed by the State Board of Agriculture; and

5. Any word, statement, or other information required by this subarticle to appear on the label or labeling is not prominently placed with conspicuousness as compared with other words, statements, designs, or devices in the labeling, and in terms likely to be read and understood by the individual purchasing and using the product.

§2-8-41.7. Adulteration.

A commercial feed shall be adulterated if:

1. a. it contains any poisonous or deleterious substance which may

render it injurious to health. If the substance is not an added

substance, the commercial feed shall not be considered

adulterated under this subsection if the quantity of the substance in

the commercial feed does not ordinarily render it injurious to health

when utilized according to label and/or labeling directions, or

b. it contains any added poisonous, added deleterious, or added

nonnutritive substance which is unsafe within the meaning of

Section 406 of the Federal Food, Drug, and Cosmetic Act other

than one which is:

(1) a pesticide chemical in or on a raw agricultural commodity; or

(2) a food additive.

c. it is, or contains, any food additive which is unsafe within the meaning of Section 409 of the Federal Food, Drug, and Cosmetic Act, or

d. it is a raw agricultural commodity and it bears or contains a

pesticide chemical which is unsafe within the meaning of Section

408(a) of the Federal Food, Drug, and Cosmetic Act. Provided, that

where a pesticide chemical has been used in or on a raw

agricultural commodity pursuant to an exemption or a tolerance

under Section 408 of the Federal Food, Drug, and Cosmetic Act

and the raw agricultural commodity has been subjected to

processing similar to canning, cooking, freezing, dehydrating, or

milling, the residue of the pesticide chemical remaining in or on the

processed feed shall not be deemed unsafe if:

(1) the residue has been removed to the extent possible in good

manufacturing practice, and

(2) the concentration of the residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity unless the feeding of the processed feed will result or is likely to result in a pesticide residue in the edible product of the animal, which is unsafe within the meaning of Section 408(a) of the Federal Food, Drug, and Cosmetic Act, or

e. it is or contains any color additive which is unsafe within the meaning

of Section 706 of the Federal Food, Drug, and Cosmetic Act;

2. Any valuable constituent has been in whole or in part omitted or abstracted or any less valuable substance substituted;

3. Its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling;

4. It contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice rules promulgated by the State Board of Agriculture to assure that the drug meets the requirement of this subarticle as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess. In promulgating the rules, the Board shall adopt the current good manufacturing practice regulations for medicated feed premixes and for medicated feeds established under authority of the Federal Food, Drug, and Cosmetic Act, unless the Board determines that they are not appropriate to the conditions which exist in this state; or

5. If it contains viable weed seeds in amounts exceeding the limits the Board shall establish.

§2-8-41.8. Prohibited acts.

The following acts are prohibited:

1. The manufacture or distribution of any commercial feed that is adulterated or misbranded;

2. The adulteration or misbranding of any commercial feed;

OKLAHOMA DEPARTMENT OF AGRICULTURE, FOOD & FORESTRY
PLANT INDUSTRY & CONSUMER SERVICES DIVISION

COMMERCIAL FEED LAW & RULES


TITLE 2, OKLAHOMA STATUTES SECTIONS 8-41.1 THROUGH 8-41.16
OKLAHOMA ADMINISTRATIVE CODE 35:30-27-1 THROUGH 35:30-27-61


TABLE OF CONTENTS

COMMERCIAL FEED LAW


SECTION		PAGE

8-41.1	Short title	1

8-41.2	Administration of act	1

8-41.3	Definitions	1

8-41.4	License to sell, offer, or expose for sale or distribute-
	Application-Suspension, cancellation, revocation,
	refusal of issuance	3

8-41.5	Feed labels	4

8-41.6	Misbranding	6

8-41.7	Adulteration	6

8-41.8	Prohibited acts	8

8-41.9	Inspection fee	8

8-41.12	Stop sale order-Condemnation and Confiscation	9

8-41.13	Violations-Penalties-Prosecution-Injuctions	10

8-41.15	Annual publication of commercial Feed information	10


8-41.16	Environmental jurisdiction of Department of
	Environmental Quality	11


FEED RULES

SUBCHAPTER 27 FEED RULES

SECTION		PAGE

35:30-27-1	Commercial Feed terminology	12

35:30-27-2	Label format of feed	12

35:30-27-3	Label Information	13

35:30-27-4	Expression of guarantee	18

35:30-27-4.1	Suitability	21

35:30-27-5	Ingredients	21

35:30-27-6	Directions for use and precautionary statements	22

35:30-27-7	Non-protein nitrogen	22

35:30-27-8	Drug and feed additives	23

35:30-27-9	Adulterants	23

35:30-27-10	Good manufacturing practices	24

35:30-27-11	License fee	24

35:30-27-12	Prohibited animal protein products	25

35:30-27-51	Pet Food Definitions and Terms	25

35:30-27-52	Label format and labeling	25

35:30-27-53	Brand and product names	26

35:30-27-54	Expression of guarantees	28

35:30-27-55	Ingredients	31

35:30-27-56	Additives and drugs	32

35:30-27-57	Nutritional adequacy	32

35:30-27-58	Feeding directions	34

35:30-27-59	Statements of calorie content	34

35:30-27-60	Descriptive forms	36

35:30-27-61	Manufacturer or distributor; name and address	39