Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 132
Adulteration
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 8
§ 132. Adulteration. A commercial feed shall be deemed to be
adulterated if:

1. (a) 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 subdivision if the quantity of such substance in
such commercial feed does not ordinarily render it injurious to health;
or

(b) It bears or contains any added poisonous, added deleterious, or
added nonnutritive substance which is unsafe within the meaning of any
relevant provisions of the Federal Food, Drug and Cosmetic Act, other
than one which is (i) a pesticide chemical in or on a raw agricultural
commodity; or (ii) a food additive; or

(c) It is, or it bears or contains any food additive which is unsafe
within the meaning of any relevant provisions of the Federal Food, Drug,
and Cosmetic Act; or

(d) It is a raw agricultural commodity and it bears or contains a
pesticide chemical which is unsafe within the meaning of any relevant
provisions 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 any relevant provisions 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
agricultural 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 any
relevant provisions of the Federal Food, Drug, and Cosmetic Act.

(e) It is or it bears or contains any color additive which is unsafe
within the meaning of any relevant provisions of the Federal Food, Drug,
and Cosmetic Act.

2. If any valuable constitutent has been in whole or in part omitted
or abstracted therefrom or any less valuable substance substituted
therefor.

3. Its composition or quality falls below or differs from that which
it is purported or is represented to possess by its labeling.

4. It contains a drug and the methods used in or the facilities or
controls used for the manufacture, processing, or packaging of the feed
do not conform to current good manufacturing practice regulations
promulgated by the commissioner to assure that the drug contained
therein meets the requirement of this article 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
regulation, the commissioner shall adopt the current good manufacturing
practice regulations for medicated feeds established under authority of
the Federal Food, Drug, and Cosmetic Act, unless he determines that they
are not appropriate to the conditions which exist in this state.

5. It contains viable weed seeds in amounts exceeding the limits which
the commissioner shall establish by rule and regulation.