§144-6  [OLD] REPEALED.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

 

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

(1)  If it bears or contains any poisonous ordeleterious substance which may render it injurious to health; but in case thesubstance is not an added substance, such feed shall not be consideredadulterated under this section if the quantity of such substance in such feeddoes 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 themeaning of section 406 of the Federal Food, Drug, and Cosmetic Act (other thanone 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 foodadditive 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 itbears or contains a pesticide chemical which is unsafe within the meaning of section408(a) of the Federal Food, Drug, and Cosmetic Act; provided that where apesticide chemical has been used in or on a raw agricultural commodity inconformity with an exemption granted or a tolerance prescribed under section408 of the Federal Food, Drug, and Cosmetic Act and such raw agriculturalcommodity has been subjected to processing such as canning, cooking, freezing,dehydrating, or milling, the residue of such pesticide chemical remaining in oron such processed feed shall not be deemed unsafe if such residue in or on theraw agricultural commodity has been removed to the extent possible in goodmanufacturing practice and the concentration of such residue in the processedfeed is not greater than the tolerance prescribed for the raw agriculturalcommodity, unless the feeding of such processed feed will result or is likelyto result in a pesticide residue in the edible product of the animal, which isunsafe within the meaning of section 408(a) of the Federal Food, Drug, andCosmetic Act;

(5)  If it is, or it bears or contains any coloradditive 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 orin part omitted or abstracted therefrom or any less valuable substancesubstituted therefor;

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

(8)  If it contains a drug and the methods used in orthe facilities or controls used for its manufacture, processing, or packagingdo not conform to current good manufacturing practice rules adopted by thedepartment to assure that the drug meets the requirement of this chapter as tosafety and has the identity and strength and meets the quality and puritycharacteristics which it purports or is represented to possess.  In adoptingsuch rules, the department shall adopt the current good manufacturing practiceregulations for medicated feed premixes and for medicated feeds established underauthority of the Federal Food, Drug, and Cosmetic Act, unless it determinesthat they are not appropriate to the conditions which exist in this State; or

(9)  If it contains viable weed seeds in amountsexceeding the limits which the department shall establish by rule. [L 1959, c275, pt of §1; Supp, §24-7; HRS §144-7; am L 1979, c 186, pt of §1; am and renL 1983, c 214, pt of §2]