§144-6  [OLD] REPEALED.  L 1973, c 46,
§1.



 



§144-6  Adulteration.  A feed shall be
deemed to be adulterated:



(1)  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 feed shall not be considered
adulterated under this section if the quantity of such substance in such 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) a pesticide chemical in or on a raw agricultural commodity; or
(B) 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; 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;



(5)  If it is, or 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)  If any valuable constituent has been in whole or
in part omitted or abstracted therefrom or any less valuable substance
substituted therefor;



(7)  If its composition or quality falls below or
differs from that which it is purported or is represented to possess by its
labeling;



(8)  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
department to assure that the drug meets the requirement of this chapter 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 department 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 it determines
that they are not appropriate to the conditions which exist in this State; or



(9)  If it contains viable weed seeds in amounts
exceeding the limits which the department shall establish by rule. [L 1959, c
275, pt of §1; Supp, §24-7; HRS §144-7; am L 1979, c 186, pt of §1; am and ren
L 1983, c 214, pt of §2]