DEPARTMENT OF AGRICULTURE
Inspection and Consumer Services Division
RULES AND REGULATIONS REGARDING PROCESSED ANIMAL WASTE PRODUCTS
8 CCR 1202-3
I.  Authority:
Title 35, Article 60, Section 109, Colorado Revised Statutes 1973 (1979 Supplement) as amended.
II.  Definitions:
A.  “Animal wastes” means a material composed of excreta, with or without bedding materials and collected from poultry, ruminants, or other animals, except humans,
B.  “Processed”, as applied to animal waste, means artificially dehydrated, dry stacked, ensiled, oxidized, chemically treated, microbiologically digested, composted, chemically or physically fractionated, or treated by other processes which will enable the product to comply with the standards set forth in these rules and regulations.
C.  “Product Definitions”-processed animal waste products as a class, offered for sale or distributed for sale, shall not contain extraneous materials such as, but not limited to, metal, glass, nails, or other harmful matter. They shall be free of (a) harmful pathogenic organisms, (b) pesticide residues, (c) parasites and (d) drug residues, which could be harmful to the animals or could result in residues in human food products or by-products of animals at levels in excess of those allowed by state or federal statute or regulations.
D.  “Dried Poultry Waste (DPW)” means a processed animal waste product composed of feces from commercial poultry, which has been processed to a moisture content not in excess of 15.0%.
E.  “Dried Poultry Waste-NPN Extracted” means a processed animal waste product composed of feces from commercial poultry which has been processed to remove part or all of the equivalent crude protein, NPN as urea and/or uric acid and which has been processed to a moisture content not in excess of 15.0%.
F.  “Dried Poultry Litter-(DPL)” means a processed animal waste product composed of a processed combination of feces from commercial poultry together with litter that was present in the floor production, which has been processed to a moisture content not in excess of 15.0%.
G.  “Dried Ruminant Waste-(DRW)” means a processed animal waste product composed of ruminant excreta which has been processed to a moisture content not in excess of 15.0%.
H.  “Dried Swine Waste (DSW)” means a processed animal waste product composed of swine excreta which has been processed to a moisture content not in excess of 15.0%.
I.  “Undried Processed Animal Waste Product” means a processed animal waste product composed of excreta, with or without other materials such as straw, wood shavings, or other bedding materials acceptable to the commissioner, and which contains in excess of 15.0% moisture. The specific name and percentage of each animal waste component material in the product must be declared on the label.
J.  “Processed Animal Waste Derivative” means a product resulting from the chemical, physical or microbiological alteration of of an animal waste. Examples of processed animal waste derivatives are composts, anerobic digested residues, yeasts, algae, or other organisms produced from animal wastes, or animal wastes treated with chemicals acceptable to the commissioner. The specific name of each such animal waste derivative product must be descriptive, and efficacy and safety data must be submitted and be approved by the commissioner before the product is registered or offered for sale.
K.  “Composted Animal Waste” means the end product of the biological process by which organic animal waste materials are converted to more stable organic matter through the action of micro-organisms.
L.  “Person” means an individual, corporation, partnership, association, or any other business entity.
M.  Reference to statutes or agency rules or regulations shall mean the statute or rule or regulation as they may be amended subsequent to the adoption of these rules and regulations.
III.  Registration Required;
No person shall sell, offer or expose for sale, or distribute, in this state, any processed animal waste product intended, promoted, represented, advertised or distributed for use as a commercial feed as defined in Article 60, Title 35, C.R.S. 1973 (1979 supplement), prior to registering same with the Commissioner of Agriculture.
IV.  Registration Procedure:
A.  Application for registration shall be made to the Commissioner on forma provided by the Commissioner, and shall be accompanied by payment of the statutory registration fee as set forth in Section 35-60-103, C.R.S. 1973 (1979 supplement).
B.  Applications for registration shall be accompanied by the following:
1.  A copy of the label or tag required by Section 35-60-104, C.R.S. 1973 (1979 supplement), which the applicant proposes to use for the processed animal waste product.
2.  A detailed description, in affidavit form, of the facilities, equipment, and method of manufacture to be used in the processing, manufacturing, and testing of the processed animal waste product, a sampling schedule and a full description of all tests made, and the results, thereby purporting to show the processed animal waste product meets the standards of these rules and regulations for registration.
3.  Upon request of the Commissioner of Agriculture, a sealed package of the processed animal waste product, containing at least one pound of the processed animal waste product to be sold, offered or exposed for sale, or distributed, in this state, together with the applicant's affidavit that said sample is representative of the processed animal waste product offered for registration.
V.  Registration Refused or Cancelled:
A.  General: Registration of a processed animal waste product shall be refused or cancelled if:
1.  The applicant for registration of the processed animal waste product is determined to be in violation of any Colorado statute or agency rule or regulation affecting or relating to the sale of commercial feeds, or
2.  The processed animal waste product contains any pathogenic organisms, drug residues, pesticide residues, harmful parasites, or other toxic or deleterious substances above levels permitted by Section 35-60-106 (1) (a) (b) (c) (d) (e) (f) (g) (h) (i), C.R.S. 1973, Federal Food, Drug and Cosmetic Act, Sections 406, 408, 409, and 706, agency rules or agency regulation or which could be harmful to animals, or which could result in residue in the tissue or by-products of animals above levels determined and promulgated in regulation by the Commissioner of Agriculture to be harmful; or which contains aflatoxins in excess of 20 ppb; or which contains more than an aggregate total of 500 ppm as mercury, lead, bismuth, copper, cadmium, arsenic, antimony, or tin, or
3.  The processed animal waste product does not meet the Quality Standards as set forth in Section VI of this regulation, or
4.  The processed waste product is not labeled in compliance with law, including agency rules and regulations, including Section VII of these rules,
B.  Registration may be refused pursuant to and in compliance with any statutory provisions authorizing the Commissioner of Agriculture to refuse registration.
C.  Registration may be cancelled by the Commissioner of Agriculture if the product or registrant is found to be in violation of any provision of these regulations.
VI.  Quality Standards:
A.  No processed animal waste product shall contain any extraneous materials such as, but not limited to, metal, glass, wire or nails.
B.  Dried 'Poultry Waste shall not contain
1.  less than 20.00 percent crude protein, or
2.  in excess of 15.00 percent crude fiber, or
3.  in excess of 35.00 percent ash, or
4.  in excess of 1.00 percent feathers, or
5.  in excess of 15.00 percent moisture, or
6.  in excess of 20.00 percent litter.
C.  Dried Poultry Waste-NPN extracted shall not contain
1.  less than 11.00 percent crude protein, or
2.  in excess of 15.00 percent crude fiber, or
3.  in excess of 30,00 percent ash, or
4.  in excess of 1.00 percent feathers, or
5.  in excess of 15.00 percent moisture.
D.  Dried Poultry Litter shall not contain
1.  less than 18.00 percent crude protein, or
2.  in excess of 25.00 percent crude fiber, or
3.  in excess of 35.00 percent ash, or
4.  in1 excess of 5.00 percent feathers, or
5.  in excess of 15.00 percent moisture,
E.  Dried Ruminant Waste shall not contain
1.  less than 12.00 percent crude protein, or
2.  in excess of 35.00 percent crude fiber, or
3.  in excess of 40.00 percent ash, or
4.  in excess of 15.00 percent moisture.
F.  Dried Swine Waste shall not contain
1.  less than 12.0 percent crude protein, or
2.  in excess of 35.00 percent crude fiber, or
3.  in excess of 20.00 percent ash, or
4.  in excess of 15.00 percent moisture.
G.  Undried Processed Animal Waste Products shall not contain less than 5% dry matter, and the dry matter shall not contain
1.  less than 12.00 percent crude protein, or
2.  in excess of 35.00 percent crude fiber, or
3.  in excess of 35.00 percent ash.
H.  Composted Animal Waste shall not contain
1.  less than 15 percent crude protein, or
2.  in excess of 15.0 percent crude fiber, or
3.  in excess of 40.00 percent ash, or
4.  in excess of 1.00 percent feathers, or
5.  in excess of 15.00 percent moisture.
I.  Any product labeled as or containing dried animal waste products shall be 15.00 percent moisture or less to aid in maintaining stable microbiological quality.
VII.  Labeling Requirements:
A.  General: The label or tag required by Section 35-60-104, C.R.S. 1973 (1979 supplement) shall, in addition to being in compliance therewith, state:
1.  If the product contains copper (25 ppm or greater), then the label shall contain the following statement in boldface type at least one-half as large as any other type appearing on the label:
(a)  “WARNING: CONTAINS HIGH LEVELS OF COPPER: DO NOT FEED TO SHEEP”.
2.  If the product derives one-third (1/3) or more of the guaranteed total crude protein from non-protein nitrogen sources, the label shall provide adequate directions for safe use of the product and the precautionary statement: “CAUTION: USE ONLY AS DIRECTED”.
3.  In percentages in the following order:
(a)  minimum crude protein
(b)  maximum equivalent crude protein from non-protein nitrogen, including uric acid
(c)  minimum crude fat
(d)  maximum crude fiber
(e)  maximum ash
(f)  maximum and minimum calcium (Ca) (maximum shall not exceed minimum by more than 5 percentage points)
(g)  minimum phosphorus (P)
(h)  maximum sodium (Na)
(i)  maximum moisture
(j)  maximum lignin, if the processed animal waste product is dried poultry litter and if the product contains wood-based bedding materials,
(k)  maximum copper (Cu),
4.  The maximum percentage, and type, of processed animal waste product, when used in mixed feed.
5.  As part of the product name, the animal source and product type.
VIII.  Testing Required:
A.  The purpose of the sampling and testing requirements of this section shall be to determine the presence of harmful materials or biological contaminants specified in these rules and regulations and to assure compliance with the quality standards in Section VI of these regulations.
B.  Any person seeking or receiving registration of any processed animal waste product shall test, by representative sampling and assaying of such samples, and keep accurate records thereof, the processed animal waste product for which registration is sought or received. The manufacturer shall do such additional testing to assure that products are non-contaminated as set forth by the Colorado Feeding Stuffs Law, Article 60, Title 35, C.R.S. 1973 (1979 supplement) and the Rules and Regulations of the Food and Drug Administration*
C.  The purpose of such sampling shall be to determine the presence of any materials specified in Section V. 2. and compliance with the Quality Standards as set forth in Section VI of these rules in the processed animal waste product.
D.  The sample shall be of sufficient size so as to provide meaningful data, statistically reliable in carrying out the purpose of such sampling and analysis. For example, 10 one-pound samples taken randomly from one day's production run or other identifiable lot, should be packaged in sealed air tight bags for prompt shipment to the analytical laboratory.
E.  The registrant, manufacturer, or producer of any such processed animal waste product ingredient shall conform to the following sample and analysis requirements:
1.  Analysis specified by the Commissioner to meet the requirements of the quality standards of Suction VI of these regulations shall be conducted on three sequential production runs to establish that the feed ingredient is consistently within the limitations specified prior to registration and/or sale of the processed animal waste product. In addition to quality standards, testing on the same production runs or lots should include potential hazardous substances such as the following:
a.  Drugs suspected or known to be used in the feed or as a therapeutic treatment of the animals.
b.  Pesticides used on the animal, facilities, and wastes for pest control.
c.  Pathogenic organisms at least to include salmonella and E. coli and streptococcus species.
d.  Heavy metals, arsenic, cadmium, copper, lead, mercury, and selenium, at least to comply with V. (2),
e.  Parasitic larva or ova.
f.  Mycotoxins, such as aflatoxins.
2.  Following the initial sequential testing, periodic analysis shall be conducted on production runs no less than one (1) each calendar quarter. Less frequent testing may be allowed where the analytical results show continued uniformity and a consistent margin of compliance. More frequent tests shall be required where the analytical results show a wide range, or show levels close to the established quality standards. Any processed animal waste product that does not meet the quality standards for the product shall be further processed until standards are met, shall be diverted to non-feed uses, or destroyed.
3.  Sequential testing shall again be required when the periodic analyses required by paragraph 2 of this section or other information available to the manufacturer of the Ingredient indicates that:
a.  The ingredient is not within the limitations established in Section VI of these regulations.
b.  Changes are made in the manufacturing process.
c.  New or expanded sources of the raw ingredients are used.
d.  Changes occur in the drugs or pesticides used by the supplier(s) of the raw ingredient(s).
IX.  Records Required:
Any person seeking or receiving registration of any processed animal waste product shall keep for a period of two (2) years, accurate records of:
A.  All sources of raw materials and date acquired, including Information on drugs and pesticide usage.
B.  All produ9tion, Including a code or other method to identify the date of production.
C.  All sales and distribution, including the name and address of the purchaser or to whom distributed, date, quantity, and production code.
D.  Sampling and assay records of the testing required by Section VIII of this regulation.
X.  Registration, Revocation, Suspension, Annulment, Limitation or Modification;
A.  Procedure: The procedures as specified in Article 4 of Title 24, C.R.S. 1973, as amended, for revocation, suspension, annulment, limitation or modification of licenses shall be followed in any proceeding to take any such actions with regard to the registration of any processed animal waste product,
B.  Grounds:
1.  In addition to the specific provisions herein, the registration of any processed animal waste product shall be subject to revocation, suspension, annulment, limitation, or. modification pursuant to any statutory provision directing or authorizing such action with regard to an agency license, as license is defined in Section 24-4-102 (7), C.R.S. 1973, as amended.
2.  The registration of any processed animal waste product determined
(a)  to be in violation of any federal or Colorado statute, or Colorado agency rule or regulation affecting or relating to the sale of commercial feeds; or
(b)  to be in violation of the standards specified in Sections V, VI, or VII of these rules;
shall be subject to being revoked, suspended, annulled, limited or modified as may be deemed appropriate by the Commissioner of Agriculture.
3.  Failure of any person to perform the testing as specified in Section VIII of these rules, or to accurately maintain and display to the Commissioner of Agriculture or the Commissioner's designee upon demand, the records required to be maintained as specified in Section IX of these rules, shall be grounds for revocation, suspension, annullment, limitation or modification of the registration of any affected processed animal waste product, as may be deemed appropriate by the Commissioner of Agriculture.
XI.  Deviation, from Rules:
For good cause shown, if not contrary to statute and if determined by the Commissioner of Agriculture not to pose a danger to the public, the Commissioner of Agriculture, upon written request, may permit deviation from these rules insofar as the Commissioner of Agriculture finds compliance therewith to be impossible, impracticable or unreasonable for any person or persons.
XII.  License and Bond Requirements;
None
XIII.  Liability and Penalties;
Prescribed by statute, Title 35, Article 60, C.R.S. 1973 (1979 Supplement), as amended.
XIV.  Effective Date and Duration of Regulation: To become effective twenty days after publication in the Code of Colorado Regulations.