N.Y. Agriculture & Markets Law § 132: Adulteration

§ 132. Adulteration. A commercial feed shall be deemed to be

adulterated if:

1. (a) 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 subdivision if the quantity of such substance in

such commercial feed does not ordinarily render it injurious to health;

or

(b) It bears or contains any added poisonous, added deleterious, or

added nonnutritive substance which is unsafe within the meaning of any

relevant provisions 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; or

(c) It is, or it bears or contains any food additive which is unsafe

within the meaning of any relevant provisions of the Federal Food, Drug,

and Cosmetic Act; or

(d) It is a raw agricultural commodity and it bears or contains a

pesticide chemical which is unsafe within the meaning of any relevant

provisions 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 any relevant provisions 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 any

relevant provisions of the Federal Food, Drug, and Cosmetic Act.

(e) It is or it bears or contains any color additive which is unsafe

within the meaning of any relevant provisions of the Federal Food, Drug,

and Cosmetic Act.

2. If any valuable constitutent has been in whole or in part omitted

or abstracted therefrom or any less valuable substance substituted

therefor.

3. Its composition or quality falls below or differs from that which

it is purported or is represented to possess by its labeling.

4. It contains a drug and the methods used in or the facilities or

controls used for the manufacture, processing, or packaging of the feed

do not conform to current good manufacturing practice regulations

promulgated by the commissioner to assure that the drug contained

therein meets the requirement of this article 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

regulation, the commissioner shall 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 this state.

5. It contains viable weed seeds in amounts exceeding the limits which

the commissioner shall establish by rule and regulation.