§1396. Adulteration
A commercial 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. If the substance is not an added substance, the commercial feed shall
not be considered adulterated under this Paragraph if the quantity of the substance in the
commercial 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 pesticide chemical in or on a raw
agricultural commodity or 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. When 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 the raw agricultural commodity has
been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the
residue of the pesticide chemical remaining in or on such processed feed shall not be deemed
unsafe if the residue in or on the raw agricultural commodity has been removed to the extent
possible in good manufacturing practice and the concentration of the 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 406 of the Federal Food, Drug, and Cosmetic Act.
(6) If any valuable constituent has been in whole or 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 or antibiotic and the methods used in or the facilities or
controls used for its manufacture, processing, or packaging do not conform to good
manufacturing practice regulations promulgated by the commission to assure that the drug
meets the requirement of this Part 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 regulations, the commission shall adopt the good manufacturing practice
regulations for medicated feed premixes and for medicated feeds in accordance with the
Federal Food, Drug, and Cosmetic Act and 21 CFR Parts 225 and 507, except when the
commission determines these federal regulations are not appropriate to the conditions which
exist in this state.
(9) If it contains viable or poisonous weed seeds in amounts exceeding the limits
which the commission shall establish by rule or regulation.
Acts 2010, No. 579, §1; Acts 2020, No. 333, §1.