Section 287.528 - Commercial feed or material considered to be adulteratedA commercial feed or material described in section 3(g)(i) to (vi) shall be considered to be adulterated if any of the following conditions exist:
(a) It bears or contains any poisonous or deleterious substance that may render the feed injurious to health. However, if the substance is not an added substance, the commercial feed is not considered adulterated under this section if the quantity of the substance does not ordinarily render the commercial feed injurious to health.(b) It bears or contains any added poisonous, added deleterious, or added nonnutritive substance that is unsafe under 21 USC 346a, except for the following: (i) A pesticide chemical in or on a raw agricultural commodity.(c) It bears or contains a pesticide chemical residue that is unsafe under 21 USC 346a(a).(d) It is, or it bears or contains, any food additive that is unsafe under 21 USC 348.(e) It is, or it bears or contains, a new animal drug, or conversion product thereof, that is unsafe under 21 USC 360b.(f) It is, or it bears or contains, any color additive that is unsafe under 21 USC 379e.(g) It consists in whole or in part of any filthy, putrid, or decomposed substance or it is otherwise unfit for feed.(h) It has been prepared, packed, held, or transported under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health.(i) It is, in whole or in part, the product of a diseased animal or of an animal that has died other than by slaughter, which is unsafe under 21 USC 342(a)(1) or (2).(j) Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health.(k) 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 21 USC 348.(l) It is, or it bears or contains, any substance prohibited from use in animal food or feed as provided in 21 CFR 589.(m) It contains viable prohibited or restricted noxious weed seeds in amounts exceeding the limits established by rule.(n) It is inferior or is damaged, and the inferiority or damage has been concealed.(o) Any substance has been added or mixed or packed with it so as to deceptively increase its bulk or weight, reduce its quality or strength, or make it appear better or of greater value than it is.(p) Any valuable constituent has been in whole or in part omitted or abstracted from the feed or any less valuable substance is substituted within the feed.(q) Its composition or quality falls below or differs from that purported or represented on its label.(r) It contains a drug defined as a veterinary feed directive in 21 CFR 558.3 and does not conform to the requirements of 21 CFR 558.6.(s) It contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, packing, or holding do not conform to rules promulgated by the director to assure that the drug meets the requirement of this act as to safety and has the purported or represented identity, strength, quality, and purity.(t) It violates current good manufacturing practice regulations under 21 CFR 225.1 to 225.202 for medicated feeds and for medicated premixes, regulations under 21 CFR 226.1 to 226.115.Amended by 2015, Act 83,s 8, eff. 10/1/2015.1975, Act 120, Imd. Eff. 6/26/1975 ;--Am. 1976, Act 236, Imd. Eff. 8/4/1976.