A. It is unlawful for any person who is a manufacturer or guarantor of acommercial feed to distribute a commercial feed if the commercial feed:
1. Contains any poisonous or deleterious substance that may render thecommercial feed or its packaging injurious to health, unless the poisonous ordeleterious substance is not an added substance and is not of sufficientquantity to render the commercial feed injurious to health under ordinarycircumstances;
2. Contains any added poisonous, added deleterious, or added nonnutritivesubstance that is unsafe within the meaning of Section 406 of the FederalFood, Drug, and Cosmetic Act. If the substance is a food additive or apesticide chemical in or on a raw agricultural commodity, then subdivisions A3 and A 4 shall govern;
3. Is, bears, or contains any food additive that is unsafe within the meaningof Section 409 of the Federal Food, Drug, and Cosmetic Act;
4. Is a raw agricultural commodity and it bears or contains a pesticidechemical that is unsafe within the meaning of Section 408 (a) of the FederalFood, Drug, and Cosmetic Act. If a pesticide chemical has been used in or ona raw agricultural commodity in conformity within an exemption granted, or atolerance prescribed, under Section 408 of the Federal Food, Drug, andCosmetic Act and such raw agricultural commodity has been subjected toprocessing such as canning, cooking, freezing, dehydrating, or milling, thenthe residue of such pesticide chemical remaining in or on such processed feedshall not be deemed unsafe, so long as: (i) such residue in or on the rawagricultural commodity has been removed to the extent possible within goodmanufacturing practice; (ii) the concentration of such residue in theprocessed feed is not greater than the tolerance prescribed by Section 408 ofthe Federal Food, Drug, and Cosmetic Act for the raw agricultural commodity;and (iii) the feeding of such processed feed will not result, or be likely toresult, in a pesticide residue in the edible produce of the animal, and thatpesticide residue is unsafe within the meaning of Section 408 (a) of theFederal Food, Drug, and Cosmetic Act;
5. Is, bears or contains any color additive that is unsafe within the meaningof Section 721 of the Federal Food, Drug, and Cosmetic Act;
6. Is, bears, or contains any new animal drug that is unsafe within themeaning of Section 512 of the Federal Food, Drug, and Cosmetic Act;
7. Has had any valuable constituent, in whole or in part, omitted orabstracted from the commercial feed, or any less valuable substancesubstituted into the commercial feed;
8. Has had the composition or quality of the commercial feed fall below ordiffer from that which the manufacturer or guarantor purports or representsthe commercial feed to possess by its labeling;
9. Contains a drug, and the methods used in, or the facilities or controlsused for, its manufacture, processing, or packaging do not conform to currentgood manufacturing practice; or if the drug does not conform to regulationsadopted by the Board, to assure that the drug meets the requirements of thischapter as to safety, and to assure that the drug has the identity, strength,quality, and purity characteristics that it purports or is represented topossess. In adopting such regulations, the Board shall adopt the current goodmanufacturing practice regulations for Type A Medicated Articles, and Type B,and Type C Medicated Feeds, established under authority of the Federal Food,Drug, and Cosmetic Act, unless the Board determines that such regulations arenot appropriate to the conditions that exist in the Commonwealth; or
10. Contains viable weed seeds in amounts exceeding the limits as specifiedin the regulations of the Board. Nothing in this subdivision shall apply towhole unprocessed seeds.
B. The violation of any provision of this section shall be deemed to beadulteration.
A. It is unlawful for any person who is a manufacturer or guarantor of acommercial feed to distribute a commercial feed if the commercial feed:
1. Contains any poisonous or deleterious substance that may render thecommercial feed or its packaging injurious to health, unless the poisonous ordeleterious substance is not an added substance and is not of sufficientquantity to render the commercial feed injurious to health under ordinarycircumstances;
2. Contains any added poisonous, added deleterious, or added nonnutritivesubstance that is unsafe within the meaning of Section 406 of the FederalFood, Drug, and Cosmetic Act. If the substance is a food additive or apesticide chemical in or on a raw agricultural commodity, then subdivisions A3 and A 4 shall govern;
3. Is, bears, or contains any food additive that is unsafe within the meaningof Section 409 of the Federal Food, Drug, and Cosmetic Act;
4. Is a raw agricultural commodity and it bears or contains a pesticidechemical that is unsafe within the meaning of Section 408 (a) of the FederalFood, Drug, and Cosmetic Act. If a pesticide chemical has been used in or ona raw agricultural commodity in conformity within an exemption granted, or atolerance prescribed, under Section 408 of the Federal Food, Drug, andCosmetic Act and such raw agricultural commodity has been subjected toprocessing such as canning, cooking, freezing, dehydrating, or milling, thenthe residue of such pesticide chemical remaining in or on such processed feedshall not be deemed unsafe, so long as: (i) such residue in or on the rawagricultural commodity has been removed to the extent possible within goodmanufacturing practice; (ii) the concentration of such residue in theprocessed feed is not greater than the tolerance prescribed by Section 408 ofthe Federal Food, Drug, and Cosmetic Act for the raw agricultural commodity;and (iii) the feeding of such processed feed will not result, or be likely toresult, in a pesticide residue in the edible produce of the animal, and thatpesticide residue is unsafe within the meaning of Section 408 (a) of theFederal Food, Drug, and Cosmetic Act;
5. Is, bears or contains any color additive that is unsafe within the meaningof Section 721 of the Federal Food, Drug, and Cosmetic Act;
6. Is, bears, or contains any new animal drug that is unsafe within themeaning of Section 512 of the Federal Food, Drug, and Cosmetic Act;
7. Has had any valuable constituent, in whole or in part, omitted orabstracted from the commercial feed, or any less valuable substancesubstituted into the commercial feed;
8. Has had the composition or quality of the commercial feed fall below ordiffer from that which the manufacturer or guarantor purports or representsthe commercial feed to possess by its labeling;
9. Contains a drug, and the methods used in, or the facilities or controlsused for, its manufacture, processing, or packaging do not conform to currentgood manufacturing practice; or if the drug does not conform to regulationsadopted by the Board, to assure that the drug meets the requirements of thischapter as to safety, and to assure that the drug has the identity, strength,quality, and purity characteristics that it purports or is represented topossess. In adopting such regulations, the Board shall adopt the current goodmanufacturing practice regulations for Type A Medicated Articles, and Type B,and Type C Medicated Feeds, established under authority of the Federal Food,Drug, and Cosmetic Act, unless the Board determines that such regulations arenot appropriate to the conditions that exist in the Commonwealth; or
10. Contains viable weed seeds in amounts exceeding the limits as specifiedin the regulations of the Board. Nothing in this subdivision shall apply towhole unprocessed seeds.
B. The violation of any provision of this section shall be deemed to beadulteration.
A. It is unlawful for any person who is a manufacturer or guarantor of acommercial feed to distribute a commercial feed if the commercial feed:
1. Contains any poisonous or deleterious substance that may render thecommercial feed or its packaging injurious to health, unless the poisonous ordeleterious substance is not an added substance and is not of sufficientquantity to render the commercial feed injurious to health under ordinarycircumstances;
2. Contains any added poisonous, added deleterious, or added nonnutritivesubstance that is unsafe within the meaning of Section 406 of the FederalFood, Drug, and Cosmetic Act. If the substance is a food additive or apesticide chemical in or on a raw agricultural commodity, then subdivisions A3 and A 4 shall govern;
3. Is, bears, or contains any food additive that is unsafe within the meaningof Section 409 of the Federal Food, Drug, and Cosmetic Act;
4. Is a raw agricultural commodity and it bears or contains a pesticidechemical that is unsafe within the meaning of Section 408 (a) of the FederalFood, Drug, and Cosmetic Act. If a pesticide chemical has been used in or ona raw agricultural commodity in conformity within an exemption granted, or atolerance prescribed, under Section 408 of the Federal Food, Drug, andCosmetic Act and such raw agricultural commodity has been subjected toprocessing such as canning, cooking, freezing, dehydrating, or milling, thenthe residue of such pesticide chemical remaining in or on such processed feedshall not be deemed unsafe, so long as: (i) such residue in or on the rawagricultural commodity has been removed to the extent possible within goodmanufacturing practice; (ii) the concentration of such residue in theprocessed feed is not greater than the tolerance prescribed by Section 408 ofthe Federal Food, Drug, and Cosmetic Act for the raw agricultural commodity;and (iii) the feeding of such processed feed will not result, or be likely toresult, in a pesticide residue in the edible produce of the animal, and thatpesticide residue is unsafe within the meaning of Section 408 (a) of theFederal Food, Drug, and Cosmetic Act;
5. Is, bears or contains any color additive that is unsafe within the meaningof Section 721 of the Federal Food, Drug, and Cosmetic Act;
6. Is, bears, or contains any new animal drug that is unsafe within themeaning of Section 512 of the Federal Food, Drug, and Cosmetic Act;
7. Has had any valuable constituent, in whole or in part, omitted orabstracted from the commercial feed, or any less valuable substancesubstituted into the commercial feed;
8. Has had the composition or quality of the commercial feed fall below ordiffer from that which the manufacturer or guarantor purports or representsthe commercial feed to possess by its labeling;
9. Contains a drug, and the methods used in, or the facilities or controlsused for, its manufacture, processing, or packaging do not conform to currentgood manufacturing practice; or if the drug does not conform to regulationsadopted by the Board, to assure that the drug meets the requirements of thischapter as to safety, and to assure that the drug has the identity, strength,quality, and purity characteristics that it purports or is represented topossess. In adopting such regulations, the Board shall adopt the current goodmanufacturing practice regulations for Type A Medicated Articles, and Type B,and Type C Medicated Feeds, established under authority of the Federal Food,Drug, and Cosmetic Act, unless the Board determines that such regulations arenot appropriate to the conditions that exist in the Commonwealth; or
10. Contains viable weed seeds in amounts exceeding the limits as specifiedin the regulations of the Board. Nothing in this subdivision shall apply towhole unprocessed seeds.
B. The violation of any provision of this section shall be deemed to beadulteration.
