Chapter 137 Oregon Laws 2001

AN ACT

SB 310

Relating to animal feeds; creating new provisions; amending ORS 633.006, 633.015, 633.029, 633.055 and 633.065; and repealing ORS 633.025 and 633.027.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Sections 2 and 3 of this 2001 Act are added to and made a part of ORS 633.006 to 633.089.

SECTION 2. (1) Commercial feed, other than custom mixed feed, must have a label bearing the following information:

(a) The product name and the brand name, if any, under which the feed is distributed.

(b) The guaranteed analysis stated in such terms as the State Department of Agriculture, by rule, determines are required to advise the user of the composition of the feed or to support claims made in the labeling. The substances or elements of the feed must be determinable by laboratory methods approved by department rule. In approving laboratory methods, the department may consider methods listed in publications of AOAC International, formerly the Association of Official Analytical Chemists.

(c) The common or usual name of each ingredient used in the manufacture of the feed. The department, by rule, may permit the use of a collective term for a group of ingredients that perform a similar function. The department, by rule, may exempt a commercial feed or any group of feeds from the ingredient statement requirement if the department determines that a statement is not required to protect the interests of consumers.

(d) Adequate directions for use if the feed contains drugs or if the department, by rule, determines that directions are necessary for safe and effective use.

(e) Precautionary statements that the department, by rule, determines to be necessary for safe and effective use of the feed.

(f) The name and principal mailing address of the manufacturer or the distributor.

(g) A quantity statement.

(2) A person that distributes commercial feed in bags or other containers shall ensure that the label required by this section is placed on or affixed to the container. If the feed is distributed in bulk, the distributor shall ensure that the label accompanies the delivery and is furnished to the purchaser upon delivery. A commercial feed is exempt from the labeling requirement of this section if the feed does not contain a drug and is distributed by filling, in the presence of the purchaser, from retail bins or other retail bulk display containers that are labeled as required under this section.

SECTION 3. (1) A custom mixed feed delivered to a final consumer must be accompanied by at least one label, invoice, delivery slip or other shipping document that bears all of the following information:

(a) The name and principal mailing address of the manufacturer.

(b) The name and address of the final consumer.

(c) The date of delivery.

(d) The quantity delivered.

(e) Adequate directions for use if the custom mixed feed contains drugs or if the State Department of Agriculture, by rule, determines that directions are necessary for safe and effective use of the feed.

(2) If the custom mixed feed contains drugs, the label, invoice, delivery slip or other shipping document referred to in subsection (1) of this section must bear the following information in addition to the information required under subsection (1) of this section:

(a) A statement of the claimed purpose of the drugs;

(b) The established name of each active drug ingredient; and

(c) The level of each drug used in the final mixture.

(3) If a custom mixed feed is delivered to a final consumer in bags or other containers, each container must be labeled with the name of the final consumer or with the order number. If a custom mixed feed is delivered in bulk, the name of the final consumer or the order number must be printed on each delivery ticket or on a label attached to each delivery ticket.

(4) A person that distributes a custom mixed feed to a final consumer shall ensure that all labels, invoices, delivery tickets or other shipping documents required by this section accompany the custom mixed feed.

(5) Upon request, a distributor shall provide a final consumer with the information required by this section, including but not limited to the name and number of pounds of each ingredient or commercial feed used in the custom mixed feed. A seller shall maintain records adequate to derive the information required by this subsection for two years from the date of sale. The department may inspect records required under this subsection and any unsold quantities of custom mixed feed during the seller’s regular business hours.

SECTION 4. ORS 633.006 is amended to read:

633.006. As used in ORS 633.006 to 633.089, unless the context requires otherwise:

(1) “Animal feed manufacturing plant” means:

(a) Any business, establishment, building, plant or place where commercial feed for animals is manufactured, mixed, processed or packed.

(b) Vehicles used in transporting commercial feed or components or ingredients thereof, machinery, equipment, utensils, implements, or other items, articles or materials used in the business or operation.

(c) The ground upon which the operation or business is carried out and other ground not adjacent thereto [which] that is a part of the business or operation under the same entity or ownership.

(2) “Brand” means any word, name, symbol or device or any combination thereof [adopted or used by a person to identify commercial feeds manufactured, compounded, delivered, distributed, sold, offered for or exposed for sale in this state and to distinguish them from commercial feeds manufactured, distributed, offered for sale or sold by others] identifying and distinguishing the commercial feed of a distributor from the feed of other distributors.

(3) “Bulk” is the sale, offering or exposing for sale or delivery of commercial feeds, in:

(a) Open containers, closed or open tote boxes, closed or open tanks, closed or open trailers, all of which may be further described or defined by the State Department of Agriculture; or

(b) Other types of containers, vehicles or conveyances defined or recognized by the department.

(4) “Commercial feed” means any material [which] that is distributed for use as feed, or as a feed ingredient for mixing in feed for animals, or any feed additive concentrate, feed additive supplement, feed additive premix, or premix, except:

(a) Unmixed seeds, whole or processed, made directly from the entire seed.

(b) Hay, straw, stover, cobs, husks, screenings and hulls, when unground or unmixed with other materials.

(d) Silage, or materials containing at least 60 percent [of] water.

(e) Individual chemical compounds [when] not mixed with other materials. This exemption, however, does not cover or extend to phosphate, urea or ammonium compounds [which] that are recommended for animal feeding purposes.

(5) “Contract feeder” means an independent contractor[,] or [any] other person who feeds commercial feed to another person’s animals pursuant to an oral or written agreement whereby [such] the commercial feed is [supplied, furnished or otherwise provided to such] distributed to the contractor or other person by any distributor and whereby [such] the contractor or other person’s remuneration is determined all or in part by feed consumption, mortality, profits[,] or amount or quality of [product] animals produced. [It] “Contract feeder” does not include a bona fide employee of a manufacturer or distributor of commercial feed.

(6) [“Customer-formula feed,” “custom mix” or] “Custom mixed feed” means any mixture of materials, substances or ingredients described or set forth under the definition of commercial feed, each lot of which is mixed according to the specific instructions of, or prescribed for the specific use of, the final consumer. [or feeder. For the purpose of this subsection “final consumer” means a person who owns or who contracts for the feeding of animals under the control or ownership of that person.]

(7) “Department” means the State Department of Agriculture.

(8) “Distribute” means to offer for sale, sell or barter[,] commercial feed [or customer-formula feed;] or to supply, furnish or otherwise provide commercial [or customer-formula] feed [as] to a contract feeder.

(9) “Distributor” means [any] a person who distributes commercial feed.

(10) “Drug” [or “drugs”] means any substance:

(a) Intended or represented for the cure, mitigation, treatment or prevention of disease of animals;[, or]

(b) Intended to affect the structure of any function of the body of an animal; or

(c) So defined [as prescribed] by rule of the department.

(11) “Feed ingredient” means each of the constituent materials making up a commercial feed.

(12) “Final consumer” means a person that feeds animals that are under the control or ownership of that person.

[(12)] (13) “Ground” means a condition resulting from crushing, rolling, chopping or grinding.

[(13)] (14) “Label” means a display of written, printed[,] or graphic matter placed [upon] on or affixed to the container[, or immediate container,] in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed [or customer-formula feed] is distributed.

[(14)] (15) “Manufacture” means to grind, chop, crush, roll, cube, flake, extrude, cook, pelletize, mix or otherwise process feed ingredients.

[(15)] (16) “Mineral feed” means a substance or mixture of substances designed or intended to supply primarily mineral elements or inorganic nutrients.

[(16)] (17) “Official sample” means any sample of feed taken by the department and designated as “official” by [it] the department.

[(17)] (18) “Percent” or “percentage” means percentage by weight.

[(18)] (19) “Sell” or “sale” includes exchange.

SECTION 5. ORS 633.015 is amended to read:

633.015. (1) [No] A person [shall] may not distribute a nonregistered commercial feed. Every brand, and each formula or formulation thereof, of commercial feeds manufactured, compounded, delivered[,] or distributed[, sold, offered or exposed for sale] in this state [shall] must be registered with the State Department of Agriculture. The distributor must submit an application for registration [shall be submitted] on forms furnished by the department.[, and,] If the department so requests, [shall be accompanied by] the distributor must submit the label or a facsimile of the label and other printed matter describing the product. Upon approval by the department, a certificate of registration shall be furnished to the [applicant] distributor. All registrations expire on December 31 of each year. The application [shall] must include the information required by [ORS 633.025 (1)(b), (c), (d) and (e)] section 2 (1)(a) to (f) of this 2001 Act and such other information as the department may require.

(2) A distributor [shall not be] is not required to register any brand of commercial feed [which] that has been registered under ORS 633.006 to 633.089 and 633.992 by another person.

(3) Changes in the guarantee of either chemical or ingredient composition of a registered commercial feed may be permitted, if there is satisfactory evidence that such changes would not result in a lowering of the feeding value of the product for the purpose for which designed.

(4) The department may refuse registration of any commercial feed [when] if the application is not in compliance with the provisions of ORS 633.006 to 633.089 and 633.992 [and]. The department may cancel any registration subsequently found not to be in compliance with any provision of ORS 633.006 to 633.089 and 633.992[, after]. The department shall give the registrant [has been given] reasonable opportunity to be heard before the department and to amend the application in order to comply with the requirements of ORS 633.006 to 633.089 and 633.992.

(5) [Customer-formula] Custom mixed feeds are exempt from registration.

(6) Each application for registration [shall] must be accompanied by a fee to be established by the department not to exceed $20 for each formula or formulation of commercial feed under each brand.

SECTION 6. ORS 633.029 is amended to read:

633.029. (1)(a) [No] A person [shall] may not operate an animal feed manufacturing plant, distribute commercial feeds other than at retail, be furnished a certificate of registration of a brand in this state, distribute a [custom-formula] custom mixed feed manufactured for that person, or repackage or relabel a commercial feed manufactured by another person without having first obtained a license from the State Department of Agriculture. Application for license [shall] must be on forms prescribed by the department and [shall] must be accompanied by a license fee [to be] established by the department, not to exceed $500. All licenses shall expire December 31 of each year.

(b) In accordance with the provisions of ORS 183.310 to 183.550, the department may promulgate rules designating different license fees for various categories of persons described in paragraph (a) of this subsection, so as to recognize differences in types of activities or volumes of business.

(2)(a) A [person who is a] contract feeder is not subject to the provisions of subsection (1) of this section, provided no drugs in any form are utilized in the manufacturing, mixing or processing of [such] the feed. In the event drugs are so utilized, the contract feeder or other person [using] utilizing the [same shall be] drugs is subject to the provisions of subsection (1) of this section.

(b) In accordance with the applicable provisions of ORS 183.310 to 183.550, the department shall promulgate rules designating the types or categories of persons described in paragraph (a) of this subsection to whom this section applies. In promulgating such rules, the department shall consider:

(A) The methods of manufacture, mixing or processing of feed used;

(B) The quantities and kinds of drugs used; and

SECTION 7. ORS 633.055 is amended to read:

633.055. [No] A person [shall] may not distribute misbranded commercial feed. A commercial feed [shall be deemed to be] is misbranded:

(1) If its labeling is false or misleading in any particular.

(2) If it is distributed under the name of another feed.

(3) If it is not labeled as required by [ORS 633.025] section 2 of this 2001 Act and by [regulations] rules adopted pursuant to ORS 633.006 to 633.089 and 633.992.

(4) If it purports to be or is represented as a feed ingredient or as containing a feed ingredient, unless [such] that feed ingredient conforms to the definition of identity, if any, prescribed by [regulation] rule of the State Department of Agriculture. In adopting [such regulations] rules under this subsection, the department may take into consideration the commonly accepted definitions approved or authorized by:

(a) The United States and other states.

(b) Other recognized agencies or organizations experienced in such matters, such as the Association of American Feed Control Officials.

(5) If any word, statement[,] or other information required by ORS 633.006 to 633.089 and 633.992 or by [regulation] rule of the department to appear on the label is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs[,] or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

SECTION 8. ORS 633.065 is amended to read:

633.065. (1) It shall be the duty of the State Department of Agriculture to sample, inspect, make analyses of, and test commercial feeds distributed within this state, at such times and places and to such an extent as may be necessary to determine whether or not such feeds are in compliance with the provisions of ORS 633.006 to 633.089 and 633.992. The department is authorized to enter upon any public or private premises, including any vehicle of transport, during regular business hours, in order to have access to commercial feeds and to records relating to their distribution.

(2) The methods of sampling and analysis shall be those adopted by the department. In adopting such methods, the department may take into consideration:

(a) The methods scientifically developed and described in recognized official publications such as the Journal of the Association of Official Agricultural Chemists.

(b) The methods approved by the United States, other states and other recognized agencies or organizations experienced in such matters.

(3) In determining for administrative purposes whether or not a commercial feed is deficient in any component, the department shall be guided solely by the official sample as defined in ORS 633.006 [(15)] and obtained and analyzed as provided by subsection (2) of this section.

(4) When inspection and analysis of an official sample indicate that a commercial feed has been adulterated or misbranded, the results of analysis shall be forwarded by the department to the registrant. Upon request, within 30 days, the department shall furnish to the registrant a portion of the sample analyzed.

(5) The department may take investigational samples [which] that may be examined otherwise than by the official method required by this section [may be taken by the department]. For administrative purposes, only samples taken as directed by subsection (3) of this section may be used.

SECTION 9. ORS 633.025 and 633.027 are repealed.

Approved by the Governor May 16, 2001

Filed in the office of Secretary of State May 16, 2001

Effective date January 1, 2002

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