KRS § 250.541 — KY Code / Title XXI / Chapter 250 / Section 250.541
250.541 Adulterated commercial feeds
Status: in_force

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) 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.