1. (a) A commercial feed shall be deemed to be adulterated:

   1. (1) If 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 subsection if the quantity of such substance in such commercial feed does not render it injurious to health; or

      1. (2) If it bears or contains any added poisonous, added deleterious, or added nonnutritive substance which is unsafe within the meaning of section 406 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
      2. (3) If it is, or it bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act; or
      3. (4) If it is a raw agricultural commodity and it bears or contains a pesticide chemical which 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 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 section 408(a) of the Federal Food, Drug, and Cosmetic Act.
      4. (5) If it is, or it bears or contains any color additive which is unsafe within the meaning of section 721 of the Federal Food, Drug and Cosmetic Act.
      5. (6) If it contains more than 20 parts per billion aflatoxins.
   2. (b) The use or intended use in ruminant feed of any material that contains protein derived from prohibited mammalian tissues causes the feed to be adulterated and in violation of the Food and Agricultural Code.

Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 15011 and 15041, Food and Agricultural Code.

History

1. Repealer of subsections (b)-(d) filed 7-2-82; effective thirtieth day thereafter (Register 82, No. 27).

2. New subsection (a)(6) filed 8-27-82 as an emergency; effective upon filing (Register 82, No. 35). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-25-82.

3. Certificate of Compliance transmitted to OAL 11-30-82 and filed 12-27-82 (Register 83, No. 1).

4. Amendment of subsections (a)(5)-(6) filed 2-23-96 as an emergency; operative 2-23-96 (Register 96, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-22-96 or emergency language will be repealed by operation of law on the following day.

5. Editorial correction of printing error in subsection (a)(6) (Register 96, No. 28).

6. Certificate of Compliance as to 2-23-96 order transmitted to OAL 6-3-96 and filed 7-12-96 (Register 96, No. 28).

7. New subsection (b) and amendment of Note filed 1-30-2002; operative 1-30-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 5).

8. Amendment of subsection (a)(6) filed 1-4-2010; operative 2-3-2010 (Register 2010, No. 2).

9. Amendment designating first paragraph as subsection (a) and amendment of subsection (a)(4) filed 11-12-2024 as an emergency; operative 11-12-2024 (Register 2024, No. 46). A Certificate of Compliance must be transmitted to OAL by 5-12-2025 or emergency language will be repealed by operation of law on the following day.

10. Amendment designating first paragraph as subsection (a) and amendment of subsection (a)(4) refiled 5-12-2025 as an emergency; operative 5-12-2025 (Register 2025, No. 20). A Certificate of Compliance must be transmitted to OAL by 8-6-2025 or emergency language will be repealed by operation of law on the following day.

11. Certificate of Compliance as to 5-12-2025 order transmitted to OAL 6-10-2025 and filed 7-1-2025 (Register 2025, No. 27).