80-9-204. Adulterated feed. A commercial feed is adulterated if:

(1) it contains any poisonous or deleterious substance that may render it injurious to health. However, if the substance is not an added substance, the commercial feed may not be considered adulterated under this subsection if the quantity of the substance in the commercial feed does not ordinarily render it injurious to health.

(2) it 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, other than one that is a pesticide chemical in or on a raw agricultural commodity or a food additive;

(3) it is or it contains any food additive that is unsafe within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act;

(4) it is a raw agricultural commodity and it contains a pesticide chemical that is unsafe within the meaning of section 408(a) of the Federal Food, Drug, and Cosmetic Act. However, 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 that agricultural commodity has been processed by canning, cooking, freezing, dehydrating, or milling, the residue of the pesticide chemical remaining in or on the processed feed may not be considered 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 the processed feed is likely to result in the 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) it is or contains any color additive that is unsafe within the meaning of section 721 of the Federal Food, Drug, and Cosmetic Act;

(6) it is or contains any new animal drug that is unsafe within the meaning of section 512 of the Federal Food, Drug, and Cosmetic Act;

(7) it consists in whole or in part of any filthy, putrid, or decomposed substance or if it is otherwise unfit for feed;

(8) it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or rendered injurious to health;

(9) it is in whole or in part the product of a diseased animal or of an animal that has died otherwise than by slaughter and that is unsafe within the meaning of section 402(a)(1) or (a)(2) of the Federal Food, Drug, and Cosmetic Act;

(10) its container is composed in whole or in part of any poisonous or deleterious substance that may render the contents injurious to health;

(11) it has been intentionally subjected to radiation, unless the use of the radiation was in conformity with the regulation or exemption in effect pursuant to section 409 of the Federal Food, Drug, and Cosmetic Act;

(12) any valuable constituents have been in whole or in part omitted or abstracted from the commercial feed or any less valuable substance substituted for the valuable constituent;

(13) its composition or quality falls below or differs from the composition or quality that is purported or represented to possess by its labeling;

(14) it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice rules adopted by the department to assure that the drug meets the requirement of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics that it is represented to possess. In formulating these rules, the department shall adopt the current good manufacturing practice regulations for medicated feed premixes and for medicated feeds established under the Federal Food, Drug, and Cosmetic Act unless it determines that they are not appropriate to the conditions that exist in this state.

(15) it contains viable weed seeds in amounts exceeding the limits established by department rule.

History: En. Sec. 6, Ch. 356, L. 1973; R.C.M. 1947, 3-2030; amd. Sec. 6, Ch. 396, L. 1999.