SECTION 61.21. General Label Restrictions

(a) All labeling information required by §141.051 or §141.052 of the Act or by this title shall appear in its entirety on one side of the label or one side of the feed container, except directions for use or precautionary statements, which shall appear in a prominent place on the label or container, but not necessarily on the same side of such label or container as other required label information. When directions for use or cautionary statements appear on a different side of the label or container than its principal display panel, such principal display panel shall bear a reference to such information (e.g., "See back for directions for use").

(b) No labeling information required by the Act or this title shall be obscured or subordinated by other statements or designs.

(c) A trademark or trade name owned by another person may form part of the labeling of a commercial feed provided that:

(1) the trademark, in the opinion of the Service, contributes significantly in conveying to the purchaser important information respecting a distinctive characteristic of the product;

(2) the display of the trademark or trade name is no more conspicuous than the display of the name of the registrant or guarantor of the product or other required information, i.e., its style, size and color of print makes it no more likely to be read than the accompanying/surrounding word(s), statement(s) or other required information;

(3) the user of the trademark has permission from the "owner" to use the trademark.

(d) No declaration of content shall appear in the ingredient statement or other part of a proprietary feed unless the declaration is made for each and all ingredients, except:

(1) when required by law; or

(2) when necessary to conform to good manufacturing or feeding practices.

(e) When the label of a commercial feed declares the common name of a component or ingredient or a combination of components or ingredients and emphasis is placed on such ingredients or combinations thereof without reference to a percentage value, the Service may require a showing of scientific data that the ingredient or combination of ingredients is present in sufficient quantities to impart a distinctive characteristic to the product. If reference is made to a percentage value for such ingredient or combination of ingredients, the Service, in addition, may require:

(1) that the percentage reference be determinable by accepted laboratory methods; and

(2) that the applicant provide, upon request, an analysis of the ingredient or combination of ingredients made by a private laboratory.

(f) The labeling of animal feeds and intended use must be consistent with the intended purpose of the product.

(g) All guaranteed analyses must be in the same size and style.

(h) The name of each and every ingredient must be shown in letters or type of the same size and style.

(i) Any and all words or statements or other label information required by the Act shall appear in a size and style easily read by the average person under ordinary conditions.

Source Note: The provisions of this §61.21 adopted to be effective October 7, 1983, 8 TexReg 3806; amended to be effective June 25, 1992, 17 TexReg 4250; amended to be effective February 28, 1995, 20 TexReg 1013; amended to be effective January 1, 1996, 20 TexReg 10258.