N.M. Admin. Code § 21.18.3.16

Current through Register Vol. 35, No. 21, November 5, 2024

Section 21.18.3.16 - ADULTERANTS

A. For the purpose of 76-19A-8 A NMSA 1978, a commercial feed shall be deemed adulterated if:

(1) it bears or contains any added poisonous, deleterious, or non-nutritive substance that is unsafe within the meaning of Section 406 of the federal Food, Drug and Cosmetic Act, other than one that is a pesticide chemical in or on a raw agricultural commodity or a food additive;

(2) it is or it bears or contains any food additive that is unsafe pursuant to Section 409 of the federal Food, Drug and Cosmetic Act;

(3) it is a raw agricultural commodity and it bears or contains a pesticide chemical that 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 that act and such 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 such processed commercial 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 such processed feed will result or is likely to result in a pesticide residue in the edible product of the animal that is unsafe within the meaning of Section 408 (a) of the federal Food, Drug and Cosmetic Act;

(4) it is or it bears or contains any color additive that is unsafe within the meaning of Section 721 of the federal Food, Drug and Cosmetic Act;

(5) it is or it bears or contains any new animal drug that is unsafe within the meaning of Section 512 of the federal Food, Drug and Cosmetic Act;

(6) it is, in whole or in part, the product of a diseased animal or of an animal that has died otherwise than by slaughter that is unsafe within the meaning of Section 402 (a)(1) or (2) of the federal Food, Drug and Cosmetic Act;

(7) 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;

B. For the purpose of 76-19A-8 A NMSA 1978, the terms "poisonous or deleterious substances" include, but are not limited to, the following:

(1) 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 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.

(2) 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.

(3) 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.

(4) Soybean meal, flakes, or pellets or other vegetable meals, flakes, or pellets which have been extracted with trichloroethylene or other chlorinated solvents.

(5) 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).

C. 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 complies with 21.18.4.8 NMAC concerning prohibited weed seeds per pound and 21.18.4.9 NMAC concerning viable restricted weed seeds per pound.

N.M. Admin. Code § 21.18.3.16

21.18.3.16 NMAC - Rp, 21.18.3.16 NMAC, 9/30/2013