Colorado § 35-60-106 - Labeling - general requirements - commercial and customer-formula feeds.

§ 35-60-106. Labeling - general requirements - commercial and customer-formula feeds.

(1) Commercial feed label contents. Except as otherwise specified in rule by the commissioner, a commercial feed must be labeled with the information required in this subsection (1). The information must appear on the label in the following order:

(a) The product name of the commercial feed and its brand name, if any;

(b) If the commercial feed contains any drug, the information required by the commissioner as established by rule;

(c) The statement of purpose as established by the commissioner by rule;

(d) The guaranteed analysis stated in terms established by the commissioner by rule. The guaranteed analysis shall advise the user of the composition of the feed and support claims made in the labeling. In all cases the substances or elements shall be determinable by laboratory methods as published by the international association of official analytical chemists or by other methods acceptable to the commissioner.

(e) The ingredient statement as established by the commissioner by rule. The common or usual name of each ingredient used in the manufacture of the commercial feed shall be listed; except that the commissioner, by rule, may permit the use of a collective term for a group of ingredients that perform a similar function. The commissioner may exempt such commercial feed or any group thereof from the requirement of including an ingredient statement on the label if the commissioner finds that such statement is not necessary to protect consumers.

(f) The use directions and precautionary statements determined by the commissioner by rule as are necessary for the safe and effective use of the commercial feed;

(g) The date of manufacture, processing, packaging, or repackaging or a code that permits the determination of the date;

(h) The name and address of the registered manufacturer or distributor of the commercial feed;

(i) A quantity statement; and

(j) Any other information required by the commissioner as established by rule.

(2) Customer-formula feed label contents. The manufacturer of a customer-formula feed shall provide the purchaser of that feed with all of the following information, in writing, when the manufacturer delivers the customer-formula feed to the purchaser:

(a) The name and address of the manufacturer;

(b) The name and address of the purchaser;

(c) The date on which the manufacturer sold or delivered the customer-formula feed to the purchaser;

(d) The name of the customer-formula feed;

(e) The name and net quantity of every commercial feed and every other ingredient used to manufacture the customer-formula feed;

(f) The use directions and precautionary statements determined by the commissioner by rule as are necessary for the safe and effective use of the customer-formula feed. If any commercial feed used in the manufacture of the customer-formula feed is labeled with use directions or precautionary statements, the manufacturer of the customer-formula feed shall provide those use directions and precautionary statements to the purchaser.

(g) If the commercial feed contains any drug, the information required by the commissioner as established by rule. The information shall include, but shall not be limited to, the following:

(I) The purpose of the medication; and

(II) The established name of each active drug ingredient and the level of each drug used in the final mixture expressed in accordance with established regulation;

(h) A quantity statement; and

(i) A statement on the label or labeling that states "This feed was manufactured according to specific instructions provided by ____________ (insert name of person who provided the instructions) and cannot be sold to any other person."

Source: L. 99: Entire article R&RE, p. 570, § 1, effective January 1, 2000. L. 2007: IP(1) amended and (2)(i) added, p. 995, §§ 6, 7, effective May 22. L. 2012: IP(1) amended, (HB 12-1158), ch. 13, p. 33, § 2, effective July 1.

Editor's note: This section is similar to former § 35-60-104 as it existed prior to 1999.

ANNOTATION

This article places duty upon manufacturer not to place upon market adulterated product. White v. Rose, 241 F.2d 94 (10th Cir. 1957) (decided prior to 1979 repeal and reenactment).