§ 106-284.38. Adulteration.
§ 106‑284.38. Adulteration.
A commercial feed shall be deemed to be adulterated:
(1) a. If it bears or contains anypoisonous or deleterious substance which may render it injurious to health; butin case the substance is not an added substance, such commercial feed shall notbe considered adulterated under this subdivision if the quantity of suchsubstance in such commercial feed does not ordinarily render it injurious tohealth; or
b. If it bears or contains any added poisonous, addeddeleterious, or added nonnutritive substance which is unsafe within the meaningof section 406 of the Federal Food, Drug and Cosmetic Act (other than one whichis (i) a pesticide chemical in or on a raw agricultural commodity; or (ii) afood additive); or
c. If it is, or it bears or contains, any food additive whichis unsafe 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 orcontains a pesticide chemical which is unsafe within the meaning of section408(a) of the Federal Food, Drug and Cosmetic Act; provided, that where apesticide chemical has been used in or on a raw agricultural commodity inconformity with an exemption granted or a tolerance prescribed under section408 of the 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 chemical remaining in oron such processed feed shall not be deemed unsafe if such residue in or on theraw agricultural commodity has been removed to the extent possible in goodmanufacturing practice and the concentration of such residue in the processedfeed is not greater than the tolerance prescribed for the raw agriculturalcommodity unless the feeding of such processed feed will result or is likely toresult in a pesticide residue in the edible product of the animal, which isunsafe within the meaning of section 408(a), of the Federal Food, Drug andCosmetic Act.
e. If it is, or it bears or contains, any color additive whichis unsafe within the meaning of section 706 of the Federal Food, Drug andCosmetic Act.
(2) If any valuable constituent has been in whole or in partomitted or abstracted therefrom or any less valuable substance substitutedtherefor.
(3) If its composition or quality falls below or differs fromthat which it is purported or is represented to possess by its labeling.
(4) If it contains a drug and the methods used in or thefacilities or controls used for its manufacture, processing, or packaging donot conform to current good manufacturing practice regulations promulgated bythe Board to assure that the drug meets the requirements of this Article as tosafety and has the identity and strength and meets the quality and puritycharacteristics which its purports or is represented to possess. Inpromulgating such regulations, the Board shall adopt the current goodmanufacturing practice regulations for medicated feed premixes and formedicated feeds established under authority of the Federal Food, Drug andCosmetic Act, unless it determines that they are not appropriate to theconditions which exist in this State.
(5) If it contains viable weed seeds in amounts exceeding thelimits which the Board shall establish by rule or regulation. (1973, c. 771, s. 9.)