§ 435:23 — Adulteration

New Hampshire § 435:23

• Jurisdiction: New Hampshire
• Title XL: AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY
• Ch. 435: ANIMAL CARE, BREEDING AND FEED
• Subdivision: Commercial Feed

Text

A commercial feed shall be deemed to be adulterated:
I. (a) If 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 subparagraph if the quantity of such substance in such commercial feed does not ordinarily render it injurious to health; or
(b) 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 (1) a pesticide chemical in or on a raw agricultural commodity; or (2) a food additive); or
(c) If it is a food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug and Cosmetic Act; or
(d) 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; 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 section 408 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 section 408(a) of the Federal Food, Drug and Cosmetic Act.
II. If any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor.
III. If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling.
IV. If 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 commissioner to assure that the drug meets the requirement of this subdivision 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 adopting such rules, the commissioner shall adopt the current good manufacturing practice regulations for medicated feed premixes and 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.
V. If it contains viable weed seeds in amounts exceeding the limits which the commissioner shall establish by rule.

Legislative History

1985, 72:1, eff. July 1, 1985.