(1) (a) No person may
manufacture or distribute in this state any feed that is adulterated or misbranded.
(b) No person may use any feed that is adulterated for any cattle, sheep,
goats, swine, poultry, or any other animals if such animals are raised to produce
human food.
(2) A feed is adulterated if any of the following apply:
(a) The feed bears or contains any poisonous or deleterious substance that
may render the feed harmful to health; except that, if the poisonous or deleterious
substance is not an added substance, a feed shall not be considered adulterated
under this subsection (2) if the quantity of such substance in the feed does not
ordinarily render it harmful to health.
(b) The feed bears or contains any added poisonous, deleterious, or
nonnutritive substance that is unsafe within the meaning of section 406 of the
Federal Food, Drug, and Cosmetic Act, as amended. This paragraph (b) is not
applicable to:
(I) A pesticide used according to label directions on a raw agricultural
commodity contained in the feed; or
(II) A food additive that complies with 40 CFR 180.
(c) The feed is a raw agricultural commodity and it bears or contains
pesticide residue that is unsafe within the meaning of section 408 (a) of the
Federal Food, Drug, and Cosmetic Act, unless all of the following apply:
(I) The pesticide chemical was applied to the raw agricultural commodity
according to an exemption or tolerance under section 408 of the Federal Food,
Drug, and Cosmetic Act;
(II) The raw agricultural commodity has been processed by canning, cooking,
freezing, dehydrating, milling, or other processing procedure;
(III) The pesticide residue has been removed from the raw agricultural
commodity to the greatest extent possible with good manufacturing practices; and
(IV) The pesticide residue concentration of the feed does not exceed the
tolerance prescribed for that pesticide in the raw agricultural commodity.
(d) The feed, if fed to an animal, will likely cause any edible product of that
animal to contain a pesticide residue that is unsafe within the meaning of section
408 of the Federal Food, Drug, and Cosmetic Act.
(e) The feed contains any food additive that is unsafe within the meaning of
section 409 of the Federal Food, Drug, and Cosmetic Act.
(f) The feed contains any color additive that is unsafe within the meaning of
section 721 of the Federal Food, Drug, and Cosmetic Act.
(g) The feed contains any new animal drug that is unsafe within the meaning
of section 512 of the Federal Food, Drug, and Cosmetic Act.
(h) The feed contains any filthy, putrid, or decomposed substance, or if it is
otherwise unfit for feed.
(i) The feed is manufactured, packaged, or held under unsanitary conditions
that may contaminate it with filth or make it harmful to health.
(j) The feed is, in whole or in part, the product of a diseased animal or of an
animal that has died by a method other than slaughter and such method is unsafe
within the meaning of section 402 (a)(1) or (2) of the Federal Food, Drug, and
Cosmetic Act.
(k) The feed container is composed, in whole or in part, of any poisonous or
deleterious substance that may render the contents harmful to health.
(l) The feed has been intentionally subjected to radiation, unless the use of
the radiation was in conformity with the regulation or exemption in effect pursuant
to section 409 of the Federal Food, Drug, and Cosmetic Act.
(m) A valuable constituent of the feed falls below or differs from that which
is represented on the feed labeling.
(n) The feed contains a drug and the methods used in or the facilities or
controls used for its manufacture, processing, or packaging do not conform to rules
promulgated by the commissioner concerning good manufacturing practice to
assure that the drug meets the requirements of this article as to safety and has the
identity, strength, and meets the quality and purity characteristics that it purports
or is represented to possess. In promulgating such rule, the commissioner shall
adopt the current good manufacturing practice regulations for type A medicated
articles and types B and C medicated feeds established under authority of the
Federal Food, Drug, and Cosmetic Act, unless the commissioner determines that
such regulations are not appropriate to the conditions that exist in this state.
(o) The feed contains any germinative noxious weed seeds in amounts
exceeding the limits that the commissioner shall establish by rule.
(p) The feed is manufactured or distributed or used as feed in a manner that
does not conform with, or contains any substance that is prohibited by, any rules
adopted by the commissioner under this article, including, but not limited to, rules
pertaining to the prevention of transmissible spongiform encephalopathies.
(3) A feed is misbranded if any of the following circumstances occur:
(a) The feed labeling is false, deceptive, or misleading in any particular;
(b) The feed is sold or distributed under the name of another feed;
(c) The feed labeling violates any provision of this article;
(d) The feed purports to contain or is represented as containing a feed
ingredient that does not conform to the definition of that feed ingredient prescribed
by rule of the commissioner; or
(e) Any word, statement, or other information required by or under authority
of this article or any rule adopted pursuant to this article to appear on the feed
label or labeling is not prominently and conspicuously placed on the label and in
such terms as to render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use.