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Commercial Feed

Chapter 128: Section 54. Adulterated feed defined.

Section 54. A commercial feed shall be deemed to be adulterated: if (1) 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, such commercial feed shall not be considered adulterated under this subsection if the quantity of such substance in such commercial feed does not ordinarily render it injurious to health; (2) it bears or contains any added poisonous, added deleterious or added non-nutritive substance which is unsafe within the meaning of section four hundred and six of the Federal Food, Drug and Cosmetic Act, other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; or (ii) a food additive; (3) it is, or it bears or contains any food additive which is unsafe within the meaning of section four hundred and nine of the Federal Food, Drug and Cosmetic Act; (4) it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section four hundred and eight (a) of the Federal Food, Drug and Cosmetic Act; provided, that where 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 four hundred and eight of the Federal Food, Drug and Cosmetic Act and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such 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 four hundred and eight (a) of the Federal Food, Drug and Cosmetic Act; (5) it bears or contains any color additive which is unsafe, within the meaning of section seven hundred and six of the Federal Food, Drug and Cosmetic Act; (6) any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor; (7) its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling; (8) 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 regulations promulgated by the commissioner to assure the drug meets the requirements of section fifty-two to sixty-four, inclusive, 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 commissioner or his deputy may adopt the current good manufacturing practice regulations for medicated feeds established under authority of the Federal Food, Drug and Cosmetic Act, unless he determines that they are not appropriate to the conditions which exist in the commonwealth; (9) it contains viable weed seed in amounts exceeding the limits which the commissioner or his deputy shall establish by rule or regulation.