2010 Michigan Compiled Laws
Chapter 287 - ANIMAL INDUSTRY
Act 120 of 1975 - MICHIGAN COMMERCIAL FEED LAW (287.521 - 287.535)
Section 287.528 - Commercial feed deemed to be adulterated.

Sec. 8.

(1) A commercial feed which is, bears, or contains any of the following is deemed to be adulterated and in violation of this act:

(a) A poisonous or deleterious substance which may render the feed injurious to health, except if the substance is not an added substance in which case the commercial feed shall not be considered adulterated under this section if the quantity of the substance does not ordinarily render the commercial feed injurious to health.

(b) An 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, being 21 U.S.C. section 346 (1970), other than one which is a pesticide chemical in or on a raw agricultural commodity or a food additive.

(c) A food additive which is unsafe within the meaning of section 409 of the federal food, drug, and cosmetic act, being 21 U.S.C. section 348 (Supp. 1973).

(d) A raw agricultural commodity and bears or contains a pesticide chemical which is unsafe within the meaning of section 408(a) of the federal food, drug, and cosmetic act, being 21 U.S.C. section 346a(a) (Supp. 1973). If a pesticide chemical is used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under 21 U.S.C. section 346a(a) (Supp. 1973) and the raw agricultural commodity is subjected to processing such as packaging, 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 is 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, or guideline established by rule of the director, 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 21 U.S.C. section 346a(a) (Supp. 1973).

(e) A color additive which is unsafe within the meaning of section 706 of the federal food, drug, and cosmetic act, being 21 U.S.C. section 376 (1970).

(f) 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 promulgated by the director to assure that the drug meets the requirement of this act 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 rules, the director shall adopt the current good manufacturing practice regulations for medicated feed premixes and for medicated feeds established under authority of the federal food, drug, and cosmetic act, being 21 U.S.C. sections 301 to 392 (Supp. 1973) unless he determines that they are not appropriate to the conditions which exist in this state.

(g) Viable weed seeds in amounts exceeding the limits which the director establishes by rule.

(h) Polybrominated biphenyl in excess of .01 parts per million.

(2) A commercial feed is deemed to be adulterated if a valuable constituent is in whole or in part omitted or abstracted from the commercial feed or a less valuable substance is substituted therefor.

(3) A commercial feed is deemed to be adulterated if its composition or quality falls below or differs from that which it is purported or is represented to possess by its label.

History: 1975, Act 120, Imd. Eff. June 26, 1975 ;-- Am. 1976, Act 236, Imd. Eff. Aug. 4, 1976