Current through Register Vol. 35, No. 18, September 24, 2024
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.