3-2611

3-2611. Adulteration

A. A person shall not distribute adulterated commercial feed.

B. A commercial feed is deemed to be adulterated if any of the following exists:

1. 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 section if the quantity of such
substance in such commercial feed does not ordinarily render it injurious to health.

2. 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 feed additive.

3. It is, bears or contains any food additive which is unsafe within the meaning of
section 409 of the federal food, drug and cosmetic act.

4. 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. 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 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.

5. It bears or contains any color additive which is unsafe within the meaning of
section 706 of the federal food, drug and cosmetic act.

6. Any valuable constituent has been in whole or in part omitted or abstracted or
any less valuable substance substituted.

7. Its composition or quality falls below or differs from that which it is
purported or is represented to possess by its labeling.

8. 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 director to assure that the drug meets the requirement of
this article 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 director 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 the director determines that they are not
appropriate to the conditions which exist in this state.

9. It contains viable weed seeds in amounts exceeding the limits established by the
director.