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250.541 Adulterated commercial feeds.
(1)
A commercial feed or a material exempted from the definition of commercial
feed under KRS 250.501 shall be deemed to be adulterated:
(a) If it bears or contains any poisonous or deleterious substance which may
render it injurious to health; but in case the substance is not an added
substance, the commercial feed shall 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; or
(b) 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 1. a
pesticide chemical in or on a raw agricultural commodity; or 2. a food
additive); or
(c) 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; or
(d) If it is a raw agricultural commodity and it bears or contains a pesticide
chemical which is unsafe within the meaning of subsection (a) of Section
408 of the Federal Food, Drug, and Cosmetic Act. If 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 the 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 the
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
subsection (a) of Section 408 of the Federal Food, Drug, and Cosmetic
Act; or
(e) If it is, or it bears or contains, any color additive which is unsafe within the
meaning of Section 706 of the Federal Food, Drug, and Cosmetic Act; or
(f) If it is, or it bears or contains, any new animal drug which is unsafe within
the meaning of Section 512 of the Federal Food, Drug, and Cosmetic Act;
or
(g) If it consists in whole or in part of any filthy, putrid, or decomposed
substance, or if it is otherwise unfit for feed; or
(h) If it has been prepared, packed, or held under unsanitary conditions
whereby it may have become contaminated with filth, or whereby it may
have been rendered injurious to health; or
(i) If it is, in whole or in part, the product of a diseased animal or of an
animal which has died otherwise than by slaughter, which is unsafe within
the meaning of Section 402(a)(1) or (2) of the Federal Food, Drug, and
Cosmetic Act; or
(j)
(2)
If its container is composed, in whole or in part, of any poisonous or
deleterious substance which may render the contents injurious to health;
or
(k) If it has been intentionally subject 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.
A commercial feed shall be deemed to be adulterated:
(a) If any valuable constituent has been in whole or in part omitted or
abstracted therefrom or any less valuable substance substituted therefor;
(b) If its composition or quality falls below or differs from that which it is
purported or is represented to possess by its labeling;
(c) If 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 administrative regulations
promulgated by the director to assure that the drug meets the requirement
of KRS 250.491 to 250.631 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 the administrative regulations,
the director shall adopt the current good manufacturing 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 director determines that they are not
appropriate to the conditions which exist in this state;
(d) If it contains viable weed seeds in amounts exceeding the limits which the
director shall establish by administrative regulation; or
(e) If its labeling would deceive or mislead the purchaser with respect to its
composition or suitability.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 68, sec. 6, effective July 15, 1996. -Amended 1990 Ky. Acts ch. 356, sec. 4, effective July 13, 1990. -- Created 1972
Ky. Acts ch. 24, sec. 7.
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