198.7 - ADULTERATION.
198.7 ADULTERATION.
A commercial feed shall be deemed to be adulterated:
1. a. If it bears or contains any poisonous or deleterious
substance which may render it injurious to health; but in case the
substance is not an added substance, such commercial feed shall not
be considered adulterated under this subsection if the quantity of
such substance in such commercial feed does not ordinarily render it
injurious to health.
b. If it bears or contains any added poisonous, added
deleterious, or added nonnutritive substance which is unsafe within
the meaning of section 406 of the federal Food, Drug, and Cosmetic
Act, other than one which is a pesticide chemical in or on a raw
agricultural commodity or a food additive.
c. If it is, or it bears or contains any food additive which
is unsafe within the meaning of section 409 of the federal Food,
Drug, and Cosmetic Act.
d. If it is a raw agricultural commodity and it bears or
contains a pesticide chemical which is unsafe within the meaning of
section 408, subparagraph "a" of the federal Food, Drug, and
Cosmetic Act, provided, that where a pesticide chemical has been used
in or on a raw agricultural commodity in conformity with an exemption
granted or a tolerance prescribed under section 408 of the federal
Food, Drug, and Cosmetic Act and such raw agricultural commodity has
been subjected to processing such as canning, cooking, freezing,
dehydrating or milling, the residue of such pesticide chemical
remaining in or on such processed feed shall not be deemed unsafe if
such residue in or on the raw agricultural commodity has been removed
to the extent possible in good manufacturing practice and the
concentration of such residue in the processed feed is not greater
than the tolerance prescribed for the raw agriculture commodity
unless the feeding of such processed feed will result or is likely to
result in a pesticide residue in the edible product of the animal,
which is unsafe within the meaning of section 408, subparagraph
"a" of the federal Food, Drug, and Cosmetic Act.
e. If it is, or it bears or contains any color additive which
is unsafe within the meaning of section 706 of the federal Food,
Drug, and Cosmetic Act.
f. If it is, or it bears or contains a new animal drug which
is unsafe within the meaning of the federal Food, Drug, and Cosmetic
Act, 21 U.S.C. § 512.
2. If any valuable constituent has been in whole or in part
omitted or abstracted therefrom or any less valuable substance
substituted therefor.
3. If its composition or quality falls below or differs from that
which it is purported or is represented to possess by its labeling.
4. If it contains a drug and the methods used in or the
facilities or controls used for its manufacture, processing, or
packaging do not conform to current good manufacturing practice rules
promulgated by the secretary to assure that the drug meets the
requirement of this chapter as to safety and has the identity and
strength and meets the quality and purity characteristics which it
purports or is represented to possess. In promulgating such rules,
the secretary shall adopt the current good manufacturing practice
regulations for medicated feed premixes and for medicated feeds
established under authority of the federal Food, Drug, and Cosmetic
Act, unless the secretary determines that they are not appropriate to
the conditions which exist in this state.
5. If it contains viable weed seeds in amounts exceeding the
limits which the secretary shall establish by rule. Section History: Early Form
[S13, § 5077-a13; C24, 27, 31, 35, § 3114-d2, 3126; C39, §
3114.2; C46, 50, 54, 58, 62, § 198.4, 198.13; C66, 71, 73, §
198.8; C75, 77, 79, 81, § 198.7] Section History: Recent Form
90 Acts, ch 1165, §9
Referred to in § 198.3, 198.8, 198.11