(1) (a) No person may manufacture or distribute in this state any feed that is adulterated or misbranded.
(b) No person may use any feed that is adulterated for any cattle, sheep, goats, swine, poultry, or any other animals if such animals are raised to produce human food.
(2) A feed is adulterated if any of the following apply:
The feed bears or contains any poisonous or deleterious substance that may renderthe feed harmful to health; except that, if the poisonous or deleterious substance is not an added substance, a feed shall not be considered adulterated under this subsection (2) if the quantity of such substance in the feed does not ordinarily render it harmful to health.
The feed bears or contains any added poisonous, deleterious, or nonnutritive substance that is unsafe within the meaning of section 406 of the "Federal Food, Drug, and Cosmetic Act", as amended. This paragraph (b) is not applicable to:
A pesticide used according to label directions on a raw agricultural commodity contained in the feed; or
A food additive that complies with 40 CFR 180.
(c) The feed is a raw agricultural commodity and it bears or contains pesticide residue that is unsafe within the meaning of section 408 (a) of the "Federal Food, Drug, and Cosmetic Act", unless all of the following apply:
The pesticide chemical was applied to the raw agricultural commodity according toan exemption or tolerance under section 408 of the "Federal Food, Drug, and Cosmetic Act";
The raw agricultural commodity has been processed by canning, cooking, freezing,dehydrating, milling, or other processing procedure;
The pesticide residue has been removed from the raw agricultural commodity to thegreatest extent possible with good manufacturing practices; and
The pesticide residue concentration of the feed does not exceed the tolerance prescribed for that pesticide in the raw agricultural commodity.
The feed, if fed to an animal, will likely cause any edible product of that animal tocontain a pesticide residue that is unsafe within the meaning of section 408 of the "Federal Food, Drug, and Cosmetic Act".
The feed contains any food additive that is unsafe within the meaning of section 409 of the "Federal Food, Drug, and Cosmetic Act".
The feed contains any color additive that is unsafe within the meaning of section 721 of the "Federal Food, Drug, and Cosmetic Act".
The feed contains any new animal drug that is unsafe within the meaning of section512 of the "Federal Food, Drug, and Cosmetic Act".
The feed contains any filthy, putrid, or decomposed substance, or if it is otherwiseunfit for feed.
The feed is manufactured, packaged, or held under unsanitary conditions that maycontaminate it with filth or make it harmful to health.
The feed is, in whole or in part, the product of a diseased animal or of an animal thathas died by a method other than slaughter and such method is unsafe within the meaning of section 402 (a)(1) or (2) of the "Federal Food, Drug, and Cosmetic Act".
The feed container is composed, in whole or in part, of any poisonous or deleterioussubstance that may render the contents harmful to health.
The feed has been intentionally subjected to radiation, unless the use of the radiationwas in conformity with the regulation or exemption in effect pursuant to section 409 of the "Federal Food, Drug, and Cosmetic Act".
A valuable constituent of the feed falls below or differs from that which is represented on the feed labeling.
The feed contains a drug and the methods used in or the facilities or controls used forits manufacture, processing, or packaging do not conform to rules promulgated by the commissioner concerning good manufacturing practice to assure that the drug meets the requirements of this article as to safety and has the identity, strength, and meets the quality and purity characteristics that it purports or is represented to possess. In promulgating such rule, the commissioner shall adopt the current good manufacturing practice regulations for type A medicated articles and types B and C medicated feeds established under authority of the "Federal Food, Drug, and Cosmetic Act", unless the commissioner determines that such regulations are not appropriate to the conditions that exist in this state.
The feed contains any germinative noxious weed seeds in amounts exceeding thelimits that the commissioner shall establish by rule.
The feed is manufactured or distributed or used as feed in a manner that does notconform with, or contains any substance that is prohibited by, any rules adopted by the commissioner under this article, including, but not limited to, rules pertaining to the prevention of transmissible spongiform encephalopathies.
(3) A feed is misbranded if any of the following circumstances occur:
The feed labeling is false, deceptive, or misleading in any particular;
The feed is sold or distributed under the name of another feed;
The feed labeling violates any provision of this article;
The feed purports to contain or is represented as containing a feed ingredient thatdoes not conform to the definition of that feed ingredient prescribed by rule of the commissioner; or
Any word, statement, or other information required by or under authority of thisarticle or any rule adopted pursuant to this article to appear on the feed label or labeling is not prominently and conspicuously placed on the label and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
Source: L. 99: Entire article R&RE, p. 572, § 1, effective January 1, 2000. L. 2007: (1),
(2)(a), (2)(i), (2)(k), (3)(d), and (3)(e) amended and (2)(p) added, p. 995, § 8, effective May 22.
Editor's note: This section is similar to former §§ 35-60-105 and 35-60-106 as they existed prior to 1999.
Cross references: For the "Federal Food, Drug, and Cosmetic Act", see Pub.L. 75-717, codified at 21 U.S.C. § 301 et seq.