603-058-0200 Adulterants (1) A person may not sell or otherwise distribute wild bird feed containing viable noxious weed seeds that exceed the amounts stated below: (a) No viable seed of any species listed in OAR 603-056-0205(1), and (b) No more viable seed than the maximum allowable number of seeds per pound specified for any species listed in OAR 603-056-0205(2). (2) All screenings or by-products of grains and seeds containing weed seeds, when used in commercial feed or sold as such to the ultimate consumer, shall be ground fine enough or otherwise treated to destroy the viability of such weed seeds so that the finished product contains: (a) No viable seed for any species listed in OAR 603-056-0205(1), and (b) No more viable seed than the maximum allowable number of seeds per pound specified for any species in OAR 603-056-0205(2). (3) In addition to ORS 633.045, a commercial feed shall be deemed to be adulterated: (a) If it bears or contains any added poisonous, added deleterious, or added non-nutritive substance which is unsafe within the meaning of Section 406 of the Federal Food, Drug, and Cosmetic Act, other than one which is: (A) a pesticide chemical in or on a raw agricultural commodity, or (B) a food additive; or (b) 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 (c) If it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of Section 408 (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 408 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 408 (a) of the Federal Food, Drug, and Cosmetic Act; or (d) If it is, or it bears or contains any color additive which is unsafe within the meaning of Section 721 of the Federal Food, Drug, and Cosmetic Act; or (e) 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 (f) If it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for feed; or (g) 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, with or without filth findings in correlated samples; or (h) If it has been prepared, packed, or held in a facility with evidence of substantial insect, rodent, or bird infestation, whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health, with or without filth findings in correlated samples; 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)(l) 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 damage or inferiority has been concealed in any manner; or (l) If it has been intentionally subjected 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, or (m) If it contains a drug and the methods used in the facilities or controls used for its manufacture, processing, or packaging do not conform to 603-058-0210 to assure that the drug meets the requirement of this section as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess. (4) For the purpose of ORS 633.045, the terms “poisonous or deleterious substances” include but are not limited to the following: (a) Fluorine and any mineral or mineral mixture which is to be used directly for the feeding of domestic animals and in which the fluorine exceeds 0.20% for the breeding and dairy cattle; 0.30% for slaughter cattle; 0.30% for sheep; 0.35% for lambs; 0.45% for swine; and 0.60% for poultry; (b) Fluorine bearing ingredients when used in such amounts that they raise the fluorine content of the total ration (exclusive of roughage) above the following amounts: 0.004% for breeding and dairy cattle; 0.009% for slaughter cattle; 0.006% for sheep; 0.01% for lambs; 0.015% for swine and 0.03% for poultry; (c) Fluorine bearing ingredients incorporated in any feed that is fed directly to cattle, sheep or goats consuming roughage (with or without) limited amounts of grain, that results in a daily fluorine intake in excess of 50 milligrams of fluorine per 100 pounds of body weight; (d) Soybean meal, flakes or pellets or other vegetable meals, flakes or pellets, which have been extracted with trichloroethylene or other, chlorinated solvents; (e) Sulfur Dioxide, Sulfurous acid, and salts of Sulfurous acid when used in or on feeds or feed ingredients which are considered or reported to be a significant source of vitamin B1 (Thiamine); (f) Selenium in swine gestation or lactation complete diets that exceeds 1.00 ppm; (g) Lolitrem b in excess of 1800 ppb in the total diet; (h) Ergovaline in excess of: 300 ppb in equine total diets; 400 ppb in cattle total diets and 500 ppb in the total diets of sheep and goats. Statutory/Other Authority: ORS 663.067 Statutes/Other Implemented: ORS 633.006-089, 633.992, 561.605 & 561.620 History: DOA 6-2025, amend filed 01/31/2025, effective 02/01/2025 DOA 13-2011, f. & cert. ef. 8-12-11