State Codes and Statutes

Statutes > New-york > Agm > Article-8 > 132

§ 132. Adulteration.   A   commercial  feed  shall  be  deemed  to  be  adulterated if:    1. (a) 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 subdivision if the quantity of such substance in  such commercial feed does not ordinarily render it injurious to  health;  or    (b)  It  bears  or contains any added poisonous, added deleterious, or  added nonnutritive substance which is unsafe within the meaning  of  any  relevant  provisions  of  the Federal Food, Drug and Cosmetic Act, other  than one which is (i) a pesticide chemical in or on a  raw  agricultural  commodity; or (ii) a food additive; or    (c)  It  is, or it bears or contains any food additive which is unsafe  within the meaning of any relevant provisions of the Federal Food, Drug,  and Cosmetic Act; or    (d) It is a raw agricultural commodity and  it  bears  or  contains  a  pesticide  chemical  which  is unsafe within the meaning of any relevant  provisions 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 any relevant provisions 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  any  relevant provisions of the Federal Food, Drug, and Cosmetic Act.    (e)  It  is or it bears or contains any color additive which is unsafe  within the meaning of any relevant provisions of the Federal Food, Drug,  and Cosmetic Act.    2. If any valuable constitutent has been in whole or in  part  omitted  or  abstracted  therefrom  or  any  less  valuable substance substituted  therefor.    3. Its composition or quality falls below or differs from  that  which  it is purported or is represented to possess by its labeling.    4.  It  contains  a  drug and the methods used in or the facilities or  controls used for the manufacture, processing, or packaging of the  feed  do  not  conform  to  current  good  manufacturing  practice regulations  promulgated by the  commissioner  to  assure  that  the  drug  contained  therein  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 promulgating such  regulation, the commissioner shall adopt the current good  manufacturing  practice  regulations 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.    5. It contains viable weed seeds in amounts exceeding the limits which  the commissioner shall establish by rule and regulation.

State Codes and Statutes

Statutes > New-york > Agm > Article-8 > 132

§ 132. Adulteration.   A   commercial  feed  shall  be  deemed  to  be  adulterated if:    1. (a) 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 subdivision if the quantity of such substance in  such commercial feed does not ordinarily render it injurious to  health;  or    (b)  It  bears  or contains any added poisonous, added deleterious, or  added nonnutritive substance which is unsafe within the meaning  of  any  relevant  provisions  of  the Federal Food, Drug and Cosmetic Act, other  than one which is (i) a pesticide chemical in or on a  raw  agricultural  commodity; or (ii) a food additive; or    (c)  It  is, or it bears or contains any food additive which is unsafe  within the meaning of any relevant provisions of the Federal Food, Drug,  and Cosmetic Act; or    (d) It is a raw agricultural commodity and  it  bears  or  contains  a  pesticide  chemical  which  is unsafe within the meaning of any relevant  provisions 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 any relevant provisions 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  any  relevant provisions of the Federal Food, Drug, and Cosmetic Act.    (e)  It  is or it bears or contains any color additive which is unsafe  within the meaning of any relevant provisions of the Federal Food, Drug,  and Cosmetic Act.    2. If any valuable constitutent has been in whole or in  part  omitted  or  abstracted  therefrom  or  any  less  valuable substance substituted  therefor.    3. Its composition or quality falls below or differs from  that  which  it is purported or is represented to possess by its labeling.    4.  It  contains  a  drug and the methods used in or the facilities or  controls used for the manufacture, processing, or packaging of the  feed  do  not  conform  to  current  good  manufacturing  practice regulations  promulgated by the  commissioner  to  assure  that  the  drug  contained  therein  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 promulgating such  regulation, the commissioner shall adopt the current good  manufacturing  practice  regulations 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.    5. It contains viable weed seeds in amounts exceeding the limits which  the commissioner shall establish by rule and regulation.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Agm > Article-8 > 132

§ 132. Adulteration.   A   commercial  feed  shall  be  deemed  to  be  adulterated if:    1. (a) 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 subdivision if the quantity of such substance in  such commercial feed does not ordinarily render it injurious to  health;  or    (b)  It  bears  or contains any added poisonous, added deleterious, or  added nonnutritive substance which is unsafe within the meaning  of  any  relevant  provisions  of  the Federal Food, Drug and Cosmetic Act, other  than one which is (i) a pesticide chemical in or on a  raw  agricultural  commodity; or (ii) a food additive; or    (c)  It  is, or it bears or contains any food additive which is unsafe  within the meaning of any relevant provisions of the Federal Food, Drug,  and Cosmetic Act; or    (d) It is a raw agricultural commodity and  it  bears  or  contains  a  pesticide  chemical  which  is unsafe within the meaning of any relevant  provisions 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 any relevant provisions 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  any  relevant provisions of the Federal Food, Drug, and Cosmetic Act.    (e)  It  is or it bears or contains any color additive which is unsafe  within the meaning of any relevant provisions of the Federal Food, Drug,  and Cosmetic Act.    2. If any valuable constitutent has been in whole or in  part  omitted  or  abstracted  therefrom  or  any  less  valuable substance substituted  therefor.    3. Its composition or quality falls below or differs from  that  which  it is purported or is represented to possess by its labeling.    4.  It  contains  a  drug and the methods used in or the facilities or  controls used for the manufacture, processing, or packaging of the  feed  do  not  conform  to  current  good  manufacturing  practice regulations  promulgated by the  commissioner  to  assure  that  the  drug  contained  therein  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 promulgating such  regulation, the commissioner shall adopt the current good  manufacturing  practice  regulations 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.    5. It contains viable weed seeds in amounts exceeding the limits which  the commissioner shall establish by rule and regulation.