§ 4.1-41-11 — Adulteration

1. A person may not distribute any commercial feed that is adulterated. Commercial feed
is adulterated if it:
a. Contains any poisonous or harmful substance that may render the feed injurious
to health. However, if the substance naturally occurs in the feed and is not an
added substance, the commercial feed may be considered adulterated under this
subdivision only if the substance is present in sufficient quantity to render it
injurious to health.
b. Contains any added substance that is poisonous, harmful, or nonnutritive, and
unsafe within the meaning of section 406 of the Federal Food, Drug, and
Cosmetic Act, as amended [21 U.S.C. 346]. This subdivision does not apply to
any pesticide in or on a raw agricultural commodity or to a food additive.
c. Contains any food additive that is unsafe within the meaning of section 409 of the
Federal Food, Drug, and Cosmetic Act, as amended [21 U.S.C. 348].
d. Is a raw agricultural commodity and it contains a pesticide that is unsafe within
the meaning of section 408a of the Federal Food, Drug, and Cosmetic Act, as
amended [21 U.S.C. 346a].
(1) However, if a pesticide 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, as amended
[21 U.S.C. 346a] and if the raw agricultural commodity has been subjected
to a process such as canning, cooking, dehydration, freezing, or milling, any
pesticide residue remaining in or on the processed feed may be deemed
safe, provided:
(a) The residue in or on the raw agricultural commodity has been
removed to the extent possible in good manufacturing practice; and
(b) The concentration of the residue in the processed feed is not greater
than the tolerance prescribed for the raw agricultural commodity.
(2) The exception set forth in paragraph 1 does not apply if the consumption of
the processed feed may result in the edible product of the animal evidencing
a pesticide residue that is unsafe within the meaning of section 408a of the
Federal Food, Drug, and Cosmetic Act, as amended [21 U.S.C. 346a].
e. Contains any color additive that is unsafe within the meaning of section 721 of the
Federal Food, Drug, and Cosmetic Act, as amended [21 U.S.C. 379e].
f. Contains any new animal drug that is unsafe within the meaning of section 512 of
the Federal Food, Drug, and Cosmetic Act, as amended [21 U.S.C. 360b].
2. In addition to the provisions of subsection 1, commercial feed is adulterated if:
a. Any valuable constituent has been omitted, in whole or in part, thereby providing
a lower nutritive value in the finished product;
b. The composition or quality of the feed falls below or differs from that which is
stated on its label;
c. The feed contains added hulls, screenings, straw, cobs, or other high fiber
material, unless each material is stated on the label;
d. The feed contains viable weed seeds in amounts exceeding four and one-half
viable restricted seeds per pound avoirdupois [453.59 grams];
e. The feed contains a drug and the methods used in or the facilities or controls
used for its manufacturing, processing, or packaging do not conform to current
good manufacturing practice rules adopted by the commissioner to ensure the
drug meets the identity, strength, quality, purity, and safety requirements of this
chapter;
f. The feed consists in whole or in part of any filthy, putrid, or decomposed
substance, or if the feed is otherwise unfit for its intended use;
g. The feed has been prepared, packed, or held under unsanitary conditions that
may have caused it to become contaminated with filth or rendered injurious to
health;

h. The feed consists in whole or in part of the product of a diseased animal or of an
animal that 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,
as amended [21 U.S.C. 342];
i. The feed's container is composed, in whole or in part, of any poisonous or
harmful substance that may render the contents injurious to health;
j. The feed has been packaged in bags or totes that previously contained pesticide
products, treated seeds, or other hazardous materials; or
k. 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, as amended
[21 U.S.C. 348].