§ 3:1396 — Adulteration

§1396. Adulteration
A commercial feed shall be deemed to be adulterated:
(1) If it bears or contains any poisonous or deleterious substance which may render
it injurious to human or animal health. If the substance is not an added substance, the
commercial feed shall not be considered adulterated under this Paragraph if the quantity of
the substance in the commercial feed does not ordinarily render it injurious to health.
(2) If it bears or contains any added poisonous, added deleterious, or added
nonnutritive substance which is unsafe within the meaning of Section 406 of the Federal
Food, Drug, and Cosmetic Act other than one which is a pesticide chemical in or on a raw
agricultural commodity or a food additive.
(3) If it is or it bears or contains any food additive which is unsafe within the
meaning of Section 409 of the Federal Food, Drug, and Cosmetic Act.
(4) If it is a raw agricultural commodity and it bears or contains a pesticide chemical
which is unsafe within the meaning of Section 408(a) of the Federal Food, Drug, and
Cosmetic Act. When 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 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 such processed feed shall not be deemed
unsafe if the residue in or on the raw agricultural commodity has been removed to the extent
possible in good manufacturing practice and the concentration of the 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 Section 408(a) of the
Federal Food, Drug, and Cosmetic Act.
(5) If it is or it bears or contains any color additive which is unsafe within the
meaning of Section 406 of the Federal Food, Drug, and Cosmetic Act.
(6) If it is, or it bears or contains, any new animal drug which is unsafe within the
meaning of Section 512 of the Federal Food, Drug, and Cosmetic Act.
(7) If it consists in whole or in part of any filthy, putrid, or decomposed substance
or if it is otherwise unfit for feed.
(8) If it is, in whole or in part, the product of a diseased animal or of an animal which
has died otherwise than by slaughter which is unsafe within the meaning of Section 402(a)(1)
or (2) of the Federal Food, Drug, and Cosmetic Act.
(9) If any valuable constituent has been in whole or part omitted or abstracted
therefrom or any less valuable substance substituted therefor.
(10) If its composition or quality falls below or differs from that which it is purported
or is represented to possess by its labeling.
(11) If the manufacture, processing, packaging, distribution and use do not comply
with the requirements of 21 CFR Part 507, Subparts A, B, C, E, and F, except when the
commission determines that these federal regulations are not appropriate to the conditions
which exist in this state.
(12) If it contains a drug, as defined by the Act, and the manufacture, processing,
packaging, or distribution and use do not conform to good manufacturing practice regulations
promulgated by the commission to assure that the drug meets the requirement of this Part 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 regulations, the
commission shall adopt the good manufacturing practice regulations for Type A medicated
articles, medicated feed premixes, and medicated feeds in accordance with the Federal Food,
Drug, and Cosmetic Act and 21 CFR Parts 225 and 226, except when the commission
determines that these federal regulations are not appropriate to the conditions which exist in
this state.
(13) If it contains viable or poisonous weed seeds in amounts exceeding the limits
which the commission shall establish by rule or regulation.

Legislative History

Acts 2010, No. 579, §1; Acts 2020, No. 333, §1; Acts 2024, No. 101, §1, eff. May 21, 2024.