§ 132 — Adulteration

New York § 132

• Jurisdiction: New York
• Law AGM: Agriculture & Markets
• Art. 8: Manufacture and Distribution of Commercial Feed

Text

§ 132. Adulteration. A commercial feed shall be deemed to be\nadulterated if:\n 1. (a) It bears or contains any poisonous or deleterious substance\nwhich may render it injurious to health; but in case the substance is\nnot an added substance, such commercial feed shall not be considered\nadulterated under this subdivision if the quantity of such substance in\nsuch commercial feed does not ordinarily render it injurious to health;\nor\n (b) It bears or contains any added poisonous, added deleterious, or\nadded nonnutritive substance which is unsafe within the meaning of any\nrelevant provisions of the Federal Food, Drug and Cosmetic Act, other\nthan one which is (i) a pesticide chemical in or on a raw agricultural\ncommodity; or (ii) a food additive; or\n (c) It is, or it bears or contains any food additive which is unsafe\nwithin the meaning of any relevant provisions of the Federal Food, Drug,\nand Cosmetic Act; or\n (d) It is a raw agricultural commodity and it bears or contains a\npesticide chemical which is unsafe within the meaning of any relevant\nprovisions of the Federal Food, Drug, and Cosmetic Act, provided, that\nwhere a pesticide chemical has been used in or on a raw agricultural\ncommodity in conformity with an exemption granted or a tolerance\nprescribed under any relevant provisions of the Federal Food, Drug, and\nCosmetic Act and such raw agricultural commodity has been subjected to\nprocessing such as canning, cooking, freezing, dehydrating, or milling,\nthe residue of such pesticide chemical remaining in or on such processed\nfeed shall not be deemed unsafe if such residue in or on the raw\nagricultural commodity has been removed to the extent possible in good\nmanufacturing practice and the concentration of such residue in the\nprocessed feed is not greater than the tolerance prescribed for the raw\nagricultural commodity unless the feeding of such processed feed will\nresult or is likely to result in a pesticide residue in the edible\nproduct of the animal, which is unsafe within the meaning of any\nrelevant provisions of the Federal Food, Drug, and Cosmetic Act.\n (e) It is or it bears or contains any color additive which is unsafe\nwithin the meaning of any relevant provisions of the Federal Food, Drug,\nand Cosmetic Act.\n 2. If any valuable constitutent has been in whole or in part omitted\nor abstracted therefrom or any less valuable substance substituted\ntherefor.\n 3. Its composition or quality falls below or differs from that which\nit is purported or is represented to possess by its labeling.\n 4. It contains a drug and the methods used in or the facilities or\ncontrols used for the manufacture, processing, or packaging of the feed\ndo not conform to current good manufacturing practice regulations\npromulgated by the commissioner to assure that the drug contained\ntherein meets the requirement of this article as to safety and has the\nidentity and strength and meets the quality and purity characteristics\nwhich it purports or is represented to possess. In promulgating such\nregulation, the commissioner shall adopt the current good manufacturing\npractice regulations for medicated feeds established under authority of\nthe Federal Food, Drug, and Cosmetic Act, unless he determines that they\nare not appropriate to the conditions which exist in this state.\n 5. It contains viable weed seeds in amounts exceeding the limits which\nthe commissioner shall establish by rule and regulation.\n