266.180. Adulterated feed, what constitutes.
Adulterated feed, what constitutes.
266.180. A commercial feed shall be deemed to be adulterated:
(1) (a) If it bears or contains any poisonous or deleterioussubstance which may render it injurious to health; but in case thesubstance is not an added substance, such commercial feed shall not beconsidered adulterated under this subdivision if the quantity of suchsubstance in such commercial feed does not ordinarily render it injuriousto health; or
(b) If it bears or contains any added poisonous, added deleterious,or added nonnutritive substance which is unsafe within the meaning ofSection 406 of the Federal Food, Drug, and Cosmetic Act (other than onewhich is (i) a pesticide chemical in or on a raw agricultural commodity; or(ii) a food additive); or
(c) If it is, or it bears or contains any food additive which isunsafe within the meaning of Section 409 of the Federal Food, Drug, andCosmetic Act; or
(d) If it is a raw agricultural commodity and it bears or contains apesticide chemical which is unsafe within the meaning of Section 408(a) ofthe Federal Food, Drug, and Cosmetic Act; provided, where a pesticidechemical has been used in or on a raw agricultural commodity in conformitywith an exemption granted or a tolerance prescribed under Section 408 ofthe Federal Food, Drug, and Cosmetic Act and such raw agriculturalcommodity has been subjected to processing such as canning, cooking,freezing, dehydrating, or milling, the residue of such pesticide chemicalremaining in or on such processed feed shall not be deemed unsafe if suchresidue in or on the raw agricultural commodity has been removed to theextent possible in good manufacturing practice and the concentration ofsuch residue in the processed feed is not greater than the toleranceprescribed for the raw agricultural commodity unless the feeding of suchprocessed feed will result or is likely to result in a pesticide residue inthe edible product of the animal, which is unsafe within the meaning ofSection 408(a), of the Federal Food, Drug, and Cosmetic Act;
(e) If it is, or it bears or contains any color additive which isunsafe within the meaning of section 706 of the Federal Food, Drug, andCosmetic Act;
(f) If it is, or it bears or contains any new animal drug which isunsafe within the meaning of section 514 of the Federal Food, Drug, andCosmetic Act;
(g) If it consists in whole or in part of any filthy, putrid, ordecomposed substance, or if it is otherwise unfit for feed;
(h) If it has been prepared, packed, or held under insanitaryconditions whereby it may have become contaminated with filth, or wherebyit may have been rendered injurious to health;
(i) If it is, in whole or in part, the product of a diseased animalor of an animal which dies other than by slaughter which is unsafe withinthe meaning of section 402(a)(5) of the Federal Food, Drug, and CosmeticAct;
(j) If its container is composed, in whole or in part, of anypoisonous or deleterious substance which may render the contents injuriousto health;
(k) If it has been intentionally subjected to radiation, unless theuse of the radiation was in conformity with the regulation or exemption ineffect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act;
(2) If any valuable constituent has been in whole or in part omittedor abstracted therefrom or any less valuable substance substitutedtherefor;
(3) If its composition or quality falls below or differs from thatwhich it is purported or is represented to possess by its labeling;
(4) If it contains a drug and the methods used in or the facilitiesor controls used for its manufacture, processing, or packaging do notconform to current good manufacturing practice regulations promulgated bythe director to assure that the drug meets the requirement of sections266.152 to 266.220 as to safety and has the identity and strength and meetsthe quality and purity characteristics which it purports or is representedto possess. In promulgating such rules, the director shall adopt thecurrent good manufacturing practice regulations for type A medicatedarticles and type B and type C medicated feeds established under authorityof the Federal Food, Drug, and Cosmetic Act, unless the director determinesthat they are not appropriate to the conditions which exist in this state;
(5) If it contains viable weed seeds in amounts exceeding the limitswhich the director shall establish by rule.
(L. 1972 S.B. 506 § 8, A.L. 1997 H.B. 211)Effective 1-1-98