Section 2760 - Damaged Feed(a) Damaged feed shall be deemed adulterated and unlawful for sale except under permit of the director. Feed shall be deemed damaged when it or any ingredient has been affected by smoke, heat, water, mold, or contamination by any foreign substance to such an extent as to affect the nutritive value, therapeutic value, palatability, or wholesomeness of the feed.(b) Any person in possession of damaged feed shall notify the director as soon as practicable after the event causing the damage and shall withhold use of the damaged feed until approved by the director. Within 5 working days of receipt of notification, except in emergency conditions, the director will make such inquiry and tests as he deems necessary, or may require the person in possession to demonstrate the extent of damage by sampling, testing, and other procedures as the director deems necessary.(c) If the director determines that the damaged feed is suitable for use as commercial feed without restriction, he shall so notify the person in possession. Such feed shall not be deemed adulterated.(d) If the director finds that he damaged feed should be permitted to be used only upon certain conditions, including reconditioning and special labeling, he may issue a permit to the person in possession for such use, requiring such conditions to be met, and may require protective controls and reports as he deems necessary.(e) If the director determines that the feed is damaged to such an extent as to be unsuitable for use as commercial feed, he shall require the person in possession to destroy the feed or dispose of it in such a manner that it cannot be used as feed and may require controls and reports as he deems necessary.(f) The director will require that all damaged feed containing drugs be disposed of as provided in subsection (e) and it is unlawful to sell or use such damaged feed.Cal. Code Regs. Tit. 3, § 2760
1. Editorial correction of NOTE filed 8-17-82 (Register 82, No. 34). Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 15041, Food and Agricultural Code.
1. Editorial correction of NOTE filed 8-17-82 (Register 82, No. 34).