North Carolina Administrative Code

02 NCAC 09D .0104 EXPRESSION OF GUARANTEES (a) The sliding scale method of expressing a guaranteed analysis (for example, "protein 15-18 percent") is prohibited. (b) Pet foods containing five percent or more mineral ingredients, shall include in the guaranteed analysis the minimu…

02 NCAC 09D .0105 INGREDIENTS (a) The maximum moisture in all pet foods shall be guaranteed and shall not exceed 78.00 percent or the natural moisture content of the constituent ingredients of the product, whichever is greater. Pet foods such as those consisting principally of st…

02 NCAC 09D .0106 DIRECTIONS FOR USE The label of a pet food product which is suitable only for intermittent or supplemental feeding or for some other limited purpose shall conform to the following: (1) bear a clear and conspicuous disclosure to that effect, or (2) contain specif…

02 NCAC 09D .0107 DRUGS AND PET FOOD ADDITIVES (a) An artificial color may be used in a pet food only if it has been shown to be harmless to pets. The permanent or provisional listing of an artificial color in the United States Food and Drug Regulations as safe for use, together …

SUBCHAPTER 09E - FEED 02 NCAC 09E .0101 THE DEFINITIONS FOR COMMERCIAL FEEDS The names and definitions for commercial feeds shall be the Official Definition of Feed Ingredients adopted by the Association of American Feed Control Officials, except as the Board of Agriculture desig…

02 NCAC 09E .0102 TERMS USED IN REFERENCE TO COMMERCIAL FEEDS The terms used in reference to commercial feeds shall be the Official Feed Terms adopted by the Association of American Feed Control Officials, except as the Board of Agriculture designates otherwise in specific cases.…

02 NCAC 09E .0103 COMMODITIES DECLARED EXEMPT The following commodities are hereby declared exempt from the definition of commercial feed, under the provisions of G.S. 106-284.33(4): (1) hay, (2) straw, (3) stover, (4) silages, (5) cobs, (6) husks, (7) hulls when unground and whe…

02 NCAC 09E .0104 LABEL FORMAT Commercial feeds shall be labeled with the information prescribed in this regulation on the principal display panel of the product and in the following general format: (1) Net weight; (2) Product name and brand name, if any; (3) If drugs are used, t…

02 NCAC 09E .0105 BRAND AND PRODUCT NAMES (a) The brand or product name must be appropriate for the intended use of the feed and must not be misleading. If the name indicates the feed is made for a specific use, the character of feed must conform therewith. A mixture labeled "Dai…

02 NCAC 09E .0106 EXPRESSION OF GUARANTEES (a) The guarantees for crude protein, equivalent protein from non-protein nitrogen, crude fat, crude fiber and mineral guarantees (when required) will be in terms of percentage by weight. (b) Commercial feeds containing six and one-half …

02 NCAC 09E .0107 INGREDIENTS (a) The name of each ingredient or collective term for the grouping of ingredients, when required to be listed, shall be the name as defined in the Official Definitions of Feed Ingredients as published in the Official Publication of American Feed Con…

02 NCAC 09E .0108 DIRECTIONS FOR USE AND PRECAUTIONARY STATEMENTS (a) Directions for use and precautionary statements on the labeling of all commercial feeds and customer-formula feeds containing additives (including drugs, special purpose additives, or non-nutritive additives) s…

02 NCAC 09E .0109 NON-PROTEIN NITROGEN (a) Urea and other non-protein nitrogen products defined in the Official Publication of the Association of American Feed Control Officials are acceptable ingredients only in commercial feeds for ruminant animals as a source of equivalent cru…

02 NCAC 09E .0110 DRUG AND FEED ADDITIVES (a) Prior to approval of a registration application and/or approval of a label for commercial feed which contains additives (including drugs, other special purpose additives, or non-nutritive additives) the distributor may be required to …

02 NCAC 09E .0111 ADULTERANTS (a) For the purpose of Section 106-284.38(1) of the North Carolina Commercial Feed Law of 1973, the terms "poisonous or deleterious substances" include but are not limited to the following: (1) fluorine and any mineral mixture which is to be used dir…

02 NCAC 09E .0112 GOOD MANUFACTURING PRACTICES History Note: Authority G.S. 106-284.41; Eff. February 1, 1976; Amended Eff. April 8, 1977; Repealed Eff. January 1, 1987.

02 NCAC 09E .0113 PERMITTED ANALYTICAL VARIATION Under the provisions of Section 106-284.42(h) of the North Carolina Commercial Feed Law of 1973, the Board of Agriculture adopts the following as permitted analytical variation (PAV) values, unless the Board of Agriculture by resol…

02 NCAC 09E .0114 BAG OR PACKAGE WEIGHTS History Note: Authority G.S. 106-284.41; Eff. February 1, 1976; Pursuant to G.S. 150B-21.3A, rule Expired April 1, 2015.

02 NCAC 09E .0115 CHANGES IN GUARANTEES AFTER REGISTRATION A guarantee and label for a brand of feed having been registered may not be subsequently modified in a way that permits the lowering of the quality of feed, unless it can be clearly shown that the modification sought to b…

02 NCAC 09E .0116 CURRENT GOOD MANUFACTURING PRACTICE OF THE NORTH CAROLINA COMMERCIAL ANIMAL FEED AND PET FOOD PROGRAM Any person that engages in activities regulated by the North Carolina Commercial Feed Law of 1973, G.S. 106, Article 31C, shall comply with the standards set fo…

SUBCHAPTER 09F - INTERNAL COMBUSTION ENGINE ANTIFREEZES SECTION .0100 - SPECIFICATIONS FOR ETHYLENE GLYCOL BASE ENGINE COOLANTS 02 NCAC 09F .0101 GENERAL (a) Ethylene glycol base engine coolant concentrate, when used at 40 to 70 percent concentration in water, functions effective…

02 NCAC 09F .0102 PHYSICAL AND CHEMICAL REQUIREMENTS Ethylene glycol base engine coolant concentrate shall conform to the physical and chemical property requirements prescribed by "ASTM International Standards on Engine Coolants" for ethylene glycol base engine coolant concentrat…

02 ncac 09F .0103 PERFORMANCE REQUIREMENTS Ethylene glycol base engine coolant concentrate shall conform to the laboratory test performance requirements prescribed by "ASTM International Standards on Engine Coolants" for ethylene glycol base engine coolant. History Note: Authorit…

02 NCAC 09F .0204 METHODS OF TESTING The methods of testing to be used in determining fidelity of ethylene glycol and alcohol base engine coolant products to the physical, chemical and performance requirements are those set forth in the "ASTM International Standards on Engine Coo…

SECTION .0300 - SPECIFICATIONS FOR METHOXY PROPANOL BASE ENGINE COOLANTS 02 NCAC 09F .0301 DEFINITIONS (a) "Methoxy propanol base engine coolant concentrate" means a methoxy propanol base engine coolant used at a concentration level of 33 1/3 percent to 60 percent in water. (b) "…

02 NCAC 09F .0302 GENERAL SPECIFICATIONS All methoxy propanol base engine coolants, when installed in accordance with the vehicle manufacturer's recommendations and those on the product label, shall function effectively in a properly maintained cooling system in heavy equipment, …

02 NCAC 09F .0303 CONCENTRATES (a) Methoxy propanol base engine coolant concentrate shall consist of: (1) essentially 1-methoxy, 2-propanol; (2) suitable inhibitors; (3) a foam suppressor; and (4) sufficient water to dissolve the additives and provide a packaged product that can …

02 NCAC 09F .0304 FULL-FILL (a) Methoxy propanol base engine coolant full-fill mixture may contain a maximum of 50 percent deionized or distilled water. (b) A person shall market methoxy propanol base engine coolant full-fill mixture in containers of no less than five gallons cap…

02 NCAC 09F .0305 PHYSICAL AND CHEMICAL REQUIREMENTS Methoxy propanol base engine coolant concentrate and full-fill mixtures shall conform to the physical and chemical properties prescribed by "ASTM International Standards on Engine Coolants" for methoxy propanol base engine cool…

02 NCAC 09F .0306 PERFORMANCE REQUIREMENTS Methoxy propanol base engine coolant concentrate and full-fill mixtures shall conform to the laboratory test performance requirements prescribed by "ASTM International Standards on Engine Coolants" for methoxy propanol base engine coolan…

suBCHAPTER 09G - MILK AND MILK PRODUCTS SECTION .0100 - PASTEURIZED MILK ORDINANCE 02 NCAC 09G .0101 ADOPTION BY REFERENCE The following are adopted by reference, including subsequent amendments and editions: (1) "Milk for Manufacturing Purposes and Its Production and Processing,…

02 NCAC 09G .0102 APPLICATION OF THE PMO History Note: Authority G.S. 106-267; 106-267.2; 106-268; Eff. February 1, 1976; Amended Eff. March 12, 1981; December 23, 1976; Repealed Eff. January 1, 1985.

02 NCAC 09G .0103 VITAMIN ASSAY OF MILK PRODUCTS Assays of vitamin content shall be made as required by the PMO. All assay costs shall be paid by the milk product processor. History Note: Authority G.S. 106-267; Eff. February 1, 1976; Amended Eff. May 1, 1983; March 12, 1981; Rea…

SECTION .2000 - GRADE A MILK SANITATION 02 NCAC 09G .2001 GENERAL - ADOPTION BY REFERENCE The North Carolina Board of Agriculture incorporates by reference, including subsequent amendments and editions, the Pasteurized Milk Ordinance, including all appendices, supplements, memora…

02 NCAC 09G .2002 MODIFICATIONS OF THE ADOPTION BY REFERENCE History Note: Authority G.S. 106-266.31; Eff. January 1, 1985; Amended Eff. January 1, 1999; September 1, 1991; December 1, 1990; July 1, 1985; Transferred from 15A NCAC 18A .1202 Eff. May 1, 2012; Repealed Eff. March 1…

02 NCAC 09G .2003 DEFINITIONS The following definitions shall apply to this Section: (1) All definitions contained in the Pasteurized Milk Ordinance shall apply. (2) Whenever "the ..... of ....." appears in the Pasteurized Milk Ordinance, the word "State" shall be inserted in the…

02 ncac 09g .2004 PERMITS REQUIRED (a) It shall be unlawful for any person who does not possess a permit from the North Carolina Department of Agriculture and Consumer Services, Food and Drug Protection Division, to manufacture, bring into, send into, or receive into this State o…

02 ncac 09g .2005 ISSUANCE OF PERMIT (a) Permits shall be issued pursuant to the administrative procedures set forth in the Pasteurized Milk Ordinance. (b) Prior to operating in this State, independent milk distributors, out-of-state milk plants and milk distributors, and milk ha…

02 ncac 09g .2008 SEVERABILITY If a provision of this Section or the application of a provision to any person or circumstance is held invalid, the remainder of the provisions of this Section or the application of the provisions to other persons or circumstances shall not be affec…

02 ncac 09g .2009 APPEALS PROCEDURE Contested cases concerning the interpretation and enforcement of the rules in this Section shall be governed by Article 3 of G.S. 150B. History Note: Authority G.S. 106-266.31; Eff. February 1, 1987; Transferred from 15A NCAC 18A .1209 Eff. May…

02 NCAC 09g .2010 RESTRICTIONS ON DISPENSING RAW MILK (a) Dairy farms shall dispense raw milk or raw milk products only to a permitted milk hauler or to a processing facility at which the processing of milk is permitted, graded, or regulated by a local, State, or federal agency. …

02 NCAC 09H .0109 UNAVOIDABLE DEFECT LEVELS FOR CORNMEAL AND FLOUR SAMPLES Notwithstanding the limits set forth in FDA Compliance Policy Guide incorporated by reference in 02 NCAC 09B .0116(f), reaching or exceeding the following limits shall constitute product adulteration pursu…

SUBCHAPTER 09J - TESTING FOR AFLATOXIN IN CORNMEAL 02 NCAC 09J .0101 CORNMEAL TESTING (a) All corn shall be tested for aflatoxin no more than 30 days prior to use in products for human consumption. Only those sampling and laboratory procedures that meet the standards set forth in…

02 NCAC 09J .0102 RECORDS MAINTAINED Records of all tests required by this Regulation shall be maintained for 12 months at the location where such products are produced and shall be available for inspection by the Commissioner or his or her agent during regular business hours. Hi…

SUBCHAPTER 09K - SAMPLING AND TESTING OF MILK AND CREAM: FROZEN DESSERTS SECTION .0100 - SAMPLING AND TESTING OF MILK AND CREAM 02 NCAC 09K .0101 DEFINITIONS (a) "Automated Method" means the test for determining the percent of butterfat in raw, un-homogenized milk using an automa…

02 NCAC 09K .0102 GENERAL SAMPLING PROCEDURES (a) Raw milk for producer payment shall be sampled as set forth in the Standard Methods for the Examination of Dairy Products, incorporated by reference in 02 NCAC 09B .0116(j). (b) Milk sampling and hauling procedures shall be conduc…

02 NCAC 09K .0103 APPROVAL OF TESTING PROCEDURE USED (a) A person shall request approval from the North Carolina Department of Agriculture and Consumer Services, Food and Drug Protection Division, prior to using any method for determining the percent of butterfat in milk or cream…

02 NCAC 09K .0104 PLACE OF TESTING Unless written permission of the Commissioner is received a tester shall test a sample only at the plant or place where the sample is received. History Note: Authority G.S. 106-267; 106-267.2; Eff. February 1, 1982; Readopted Eff. March 1, 2017

02 NCAC 09K .0105 RESPONSIBILITY FOR TEST The tester, sampler, producer, and buyer of milk or cream shall be jointly responsible for the integrity of all test reports, including, the proper care, handling, and storage of all samples, and for proper recording of all test results. …

02 NCAC 09K .0106 TEST READING The test reading of milk shall be either conducted as set forth in the Official Methods of Analysis of the AOAC, incorporated by reference in 02 NCAC 09B .0116(a), or the Standard Methods for the Examination of Dairy Products, incorporated by refere…