Part III.
Office of the Texas State Chemist/Texas Feed and Fertilizer Control Service
Chapter 61.
Commercial Feed Rules
Subchapter A. General Provisions
4 TAC §61.1
The Feed and Fertilizer Control Service/Office of the Texas
State Chemist proposes an amendment to §61.1 of the Commercial Feed Rules
which adds a definition of wildlife to the section. This definition is necessary
so that the Service can comply with §141.002(e) and §141.007 of
the Texas Commercial Feed Control Act (Law).
Dr. George W. Latimer, Jr., Assistant to the Associate Vice Chancellor
of Agriculture, has determined that of the first five-year period there will
be no fiscal implications for state or local government as a result of enforcing
or administering the amendment.
Dr. Latimer has also determined that for each year of the first five years
the amendment is in effect the overall public benefit is to specify what types/kinds
of animals are to be understood by the term wildlife. There is no anticipated
cost.
Comments should be addressed to Dr. George W. Latimer, Jr., Office of the
Texas State Chemist, P.O. Box 3160, College Station, TX 77841-3160.
The amendment is proposed under §141.004 which gives the
Feed and Fertilizer Control Service/Office of the Texas State Chemist authority
after to adopt rules as necessary for the enforcement of the Chapter.
The Texas Agriculture Code, Subchapter C, §141.051, is affected by
the proposed amendment.
§61.1.Definitions.
Except where otherwise provided, the terms and definitions adopted
by the Association of American Feed Control Officials in the last published
edition of the annual Official Publication are hereby adopted by reference
as the terms and definitions to control in this title. The publication is
available from the Association of American Feed Control Officials. In addition,
the following words and terms, when used in this title, shall have the following
meanings, unless the context clearly indicates otherwise:
(1)
Act - Texas Commercial Feed Control Act, Texas Agriculture
Code, Chapter 141, 1981, as amended.
(2)
Additive - An ingredient or combination of ingredients
added to the basic feed mix or parts thereof to fulfill a specific need which
becomes a component of or affects the characteristics of a feed or food if
such substance is not generally recognized as safe under the conditions of
its intended use.
(3)
Ammoniated Corn - The product obtained by treating
whole corn containing no more than 1000 parts per billion (ppb) aflatoxin
with anhydrous ammonia under specified conditions of temperature and pressure
approved by the Service. Ammoniated corn is not to be considered a single
ingredient product. It is to be used solely in feeds for ruminants.
(4)
Ammoniated Cottonseed - The product obtained by treating
whole cottonseed containing no more than 1000 parts per billion (ppb) aflatoxin
under specified conditions of temperature and pressure approved by the Service.
Ammoniated cottonseed is not to be considered a single ingredient product.
It is to be used solely in feeds for ruminants.
(5)
Ammoniated Cottonseed Meal - The product obtained
when cottonseed meal is treated with anhydrous ammonia until a pressure of
50 pounds per square inch gauge is reached. It is to be used in the feed of
ruminants in an amount not to exceed 20% of the total ration. Ammoniated cottonseed
meal is not to be considered a single ingredient product.
(6)
Annual Products - Commercial feed product packaged
in individual containers of five pounds or less only.
(7)
Bagged - Enclosure of feed in any container.
(8)
Chemical Adulterant - Any compound - natural or synthetic
- possessing little or no intrinsic nutritional value, avoidably present at
levels inconsistent with its generally accepted use in a feed or unavoidably
present at levels in a feed above those authorized by the Service.
(9)
Container - A bag, box, carton, bottle, object, barrel,
package, apparatus, device, appliance, or other item of any capacity into
which a feed is packed, poured, stored, or placed for handling, transporting,
or distributing.
(10)
Person - Any individual, partnership, corporation,
association, governmental subdivision, or public or private organization of
any character.
(11)
Pet Food - Any commercial feed prepared and distributed
for consumption by a dog or cat or an animal normally maintained in a cage
or tank in or near the household(s) of the owner such as, but not limited
to, gerbils, hamsters, birds, fish, snakes and turtles.
(12)
Salvage - When applied to an ingredient or combination
of ingredients, refers only to those products that have been damaged by natural
causes, such as fire, water, hail, or windstorm, or by conveyance mishap.
Does not apply to recovered production line products which are suitable for
reprocessing.
(13)
Service - Texas Feed and Fertilizer Control Service.
(14)
Toxin - Any compound causing adverse biological effects
including, but not limited to, poisons, carcinogens or mutagens, produced
by an organism avoidably present at any level or unavoidably present at levels
in a feed above those authorized by the Service.
(15)
Weed seeds - Those seeds declared prohibited or restricted
noxious weed seeds by the Texas Agriculture Code, §61.008 (concerning
Noxious Weed Seeds).
(16)
Wildlife - Any feral animal, any
animal not normally considered as domesticated in Texas or any animal living
in a state of nature.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on July
26, 1999.
TRD-9904484
Dr. George W. Latimer, Jr.
Assistant to the Associate Vice Chancellor of Agriculture
Office of the Texas State Chemist/Texas Feed and Fertilizer Control Service
Proposed date of adoption: September 26, 1999
For further information, please call: (409) 845-1121 (ext. 124)
4 TAC §61.2
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Office of the Texas State Chemist/Texas Feed and Fertilizer Control Service
or in the Texas Register office, Room 245, James Earl Rudder Building, 1019
Brazos Street, Austin.)
The Feed and Fertilizer Control Service/Office of
the Texas State Chemist proposes to repeal §61.2 of the Commercial Feed
Rules.
Dr. George W. Latimer, Jr., Asst. to the Assoc. Vice Chancellor of Agriculture,
has determined that for the first five year period the repeal is in effect,
there will be no fiscal implications for state or local government as a result
of the repeal.
Dr. Latimer has also determined that the public benefit will be replacement
of an outdated section with a revised section responsive to present conditions
as a result of the repeal.
Comments should be addressed to Dr. George W. Latimer, Jr., Office of the
Texas State Chemist, P.O. Box 3160, College Station, TX 77841-3160.
The repeal is proposed under the Texas Agriculture Code Chapter,
141, §141.004, which provides the Texas Feed and Fertilizer Control Service
with the authority to adopt rules relating to the distribution of commercial
feeds.
The Texas Agriculture Code, Subchapter C, §141.051, is affected by
the proposed repeal.
§61.2.Commercial Feed.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on July
26, 1999.
TRD-9904488
Dr. George W. Latimer, Jr.
Assistant to the Associate Vice Chancellor of Agriculture
Office of the Texas State Chemist/Texas Feed and Fertilizer Control Service
Proposed date of adoption: September 26, 1999
For further information, please call: (409) 845-1121 (ext. 124)
The Feed and Fertilizer Control Service/Office
of the Texas State Chemist proposes new §61.2 of the Commercial Feed
Rules which reflects the intent of the Legislature in enacting §141.002(e)
of the Texas Commercial Feed Control Act (Law).
Dr. George W. Latimer, Jr., Assistant to the Associate Vice Chancellor
of Agriculture, has determined that of the first five-year period there will
be no fiscal implications for state or local government as a result of enforcing
or administering the new rule.
Dr. Latimer has also determined that for each year of the first five years
the new rule is in effect the overall public benefit anticipated will be a
decreased degree that wildlife will suffer the adverse consequences of consuming
corn highly contaminated with aflatoxin. The specific benefit of populations
which are productive and thriving accrue to ranchers who lease hunting rights
and those reestablishing wildlife in depleted areas, e.g., turkeys in East
Texas. There is an anticipated minimum cost of a one-time $75 licensing fee
and an annual charge of 17¢ per ton sold; there are also testing and
labeling fees which magnitude depends upon the amount sold.
Comments should be addressed to Dr. George W. Latimer, Jr., Office of the
Texas State Chemist, P.O. Box 3160, College Station, TX 77841-3160.
The new rule is proposed under §141.004 which gives the
Feed and Fertilizer Control Service/Office of the Texas State Chemist authority
after to adopt rules as necessary for the enforcement of the Chapter.
The Texas Agriculture Code, Subchapter C, §141.051, is affected by
the proposed new rule.
§61.2.Commercial Feed.
(a)
Whole grain and seeds distributed with labels which suggest
- by word, by picture or by seller representation - that they may be fed to
wildlife are commercial feeds under the Act, §141.002(e).
(b)
All feed materials are considered commercial feeds, except:
(1)
those exempted under the Act, §141.002(c) referring
to commercial feed; and
(2)
salvage feed materials.
(c)
Commercial feeds may not contain:
(1)
any adulterants as listed in the Act, §141.148 referring
to distribution of adulterated feed; or
(2)
salvage feed materials.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on July
26, 1999.
TRD-9904485
Dr. George W. Latimer, Jr.
Assistant to the Associate Vice Chancellor of Agriculture
Office of the Texas State Chemist/Texas Feed and Fertilizer Control Service
Proposed date of adoption: September 26, 1999
For further information, please call: (409) 845-1121 (ext. 124)
Subchapter C. Labeling