250.541 Adulterated commercial feeds.
812 words·~4 min read·
/ky/chapter-250/250-541A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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)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.
(2)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.