New Hampshire Code of Administrative Rules
Agr - Commissioner, Department of Agriculture, Markets, and Food
Chapter Agr 1200 - COMMERCIAL FEEDS
Part Agr 1202 - COMMERICAL FEED NAMES
Section Agr 1202.08 - Drug and Feed Additives

Universal Citation: NH Admin Rules Agr 1202.08

Current through Register No. 12, March 21, 2024

(a) Prior to approval of a commercial feed registration application or approval of a label for commercial feed which contain additives including drugs, other special purpose additives, or non-nutritive additives, the distributor shall submit evidence to prove the safety and efficacy of the commercial feed when used according to the directions furnished on the label.

(b) Satisfactory evidence of safety and efficacy of a commercial feed shall be:

(1) When the commercial feed contains such additives, the use of which conforms to the requirements of the applicable regulation in Title 21, Code of Federal Regulations, or which are "generally recognized as safe" (GRAS) for such use;

(2) When the commercial feed is itself a drug as defined in RSA 435:19, VII and is GRAS and effective for the labeled use or is marketed subject to an application approved by the United States Food and Drug Administration under section 512 of the Federal Food, Drug, and Cosmetic Act;

(3) When one of the purposes for feeding a commercial feed is to impart immunity that is to act through some immunological process the ingredients imparting immunity have been approved for the purpose through the Federal Virus, Serum and Toxins Act of 1913, as amended;

(4) When the commercial feed is a direct fed microbial product and:
a. The product meets the particular fermentation product definition;

b. The microbial content statement, as expressed in the labeling, is limited to the following: "Contains a source of live (viable) naturally occurring microorganisms"; and

c. The source is stated with a corresponding guarantee expressed in accordance with Agr 1202.04(g); or

(5) When the commercial feed is an enzyme product and:
a. The product meets the particular enzyme definition as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A; and

b. The enzyme is stated with a corresponding guarantee expressed in accordance with Agr 1202.04(h).

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