§ 15-19-7-29 — Adulteration of commercial feed

A commercial feed is considered adulterated
if it meets any of the following conditions:
(1) It bears or contains a poisonous or deleterious substance that
may render it injurious to health. However, if the substance is not
an added substance, the commercial feed is not considered to be
adulterated under this subdivision if the quantity of the substance
in the commercial feed does not ordinarily render it injurious to
health.
(2) It contains an added poisonous, added deleterious, or added
nonnutritive substance that is unsafe within the meaning of
Section 406 of the federal Food, Drug, and Cosmetic Act (21
U.S.C. 346) other than one that is:
(A) a pesticide chemical in or on a raw agricultural commodity;
or
(B) a food additive.
(3) It is, or it contains, a food additive that is unsafe within the
meaning of Section 409 of the federal Food, Drug, and Cosmetic
Act (21 U.S.C. 348).
(4) It is a raw agricultural commodity and it contains a pesticide
chemical that is unsafe within the meaning of Section 408(a) of
the federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(a)).
However, if 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 (21 U.S.C. 346a) and the raw agricultural
commodity has been subjected to processing, such as canning,
cooking, freezing, dehydrating, or milling, the residue of the
pesticide chemical remaining in or on the processed feed is not
considered unsafe if:
(A) the residue in or on the raw agricultural commodity has
been removed to the extent possible in good manufacturing
practice;
(B) the concentration of the residue in the processed feed is not
greater than the tolerance prescribed for the raw agricultural
commodity; and
(C) the feeding of the processed feed will not result, or is not
likely to result, in a pesticide residue in the edible product of
the animal that is unsafe within the meaning of Section 408(a)
of the federal Food, Drug, and Cosmetic Act (21 U.S.C.
346a(a)).
(5) It is, or it contains, a color additive that is unsafe within the
meaning of Section 721 of the federal Food, Drug, and Cosmetic
Act (21 U.S.C. 379e).
(6) It is, or it contains, an animal drug that is unsafe within the
meaning of Section 512 of the federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360b).
(7) If any valuable constituent has been in whole or in part
omitted or abstracted from the commercial feed or any less
valuable substance has been substituted for a valuable constituent.
(8) Its composition or quality falls below or differs from that
which it is purported or is represented to possess by its labeling.
(9) 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 adopted by
the state chemist to ensure that the drug:
(A) meets the requirement of this chapter as to safety; and
(B) has the identity and strength, and meets the quality and
purity characteristics that it is represented to possess.
In adopting these rules, the state chemist shall adopt the current
good manufacturing practice regulations for Type A medicated
articles and Type B and Type C medicated feeds established
under authority of the federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.), unless the state chemist determines that they
are not appropriate to the conditions that exist in Indiana.
(10) It contains viable weed seeds in amounts exceeding the limits
the state chemist establishes by rule.
(11) It consists in whole or in part of any filthy, putrid, or
decomposed substance, or it is otherwise unfit for feed.
(12) It has been prepared, packed, or held under unsanitary
conditions under which:
(A) it may become contaminated with filth; or
(B) it may have become injurious to health.
(13) It is, in whole or in part, the product of a diseased animal or
of an animal that has died by means other than slaughter.
(14) It is unsafe within the meaning of Section 402(a)(1) or
402(a)(2) of the federal Food, Drug, and Cosmetic Act (21 U.S.C.
342(a)(1) and 21 U.S.C. 342(a)(2)).
(15) Its container is composed, in whole or in part, of any
poisonous or deleterious substance that may render the contents
injurious to health.
(16) It has been intentionally subjected to radiation, unless the use
of radiation was in conformity with a regulation or exemption in
effect under Section 409 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 348).
[Pre-2008 Recodification Citation: 15-5-13-9.]

Legislative History

As added by P.L.2-2008, SEC.10. Amended by P.L.99-2012, SEC.36; P.L.13-2013, SEC.51.