No person shall distribute an adulterated feed. A commercial feed or customer-formula feed shall be deemed to be adulterated:

(1) If any poisonous, deleterious or nonnutritive ingredient has been added in sufficient amount to render it injurious to health when fed in accordance with directions for use on the label;

(2) If any valuable constituent has been, in whole or in part, omitted or abstracted therefrom or any less valuable substance substituted therefor;

(3) If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling;

(4) If it contains added hulls, screenings, straw, cobs or other high fiber material unless the name of each such material is stated on the label;

(5) If it contains viable weed seeds in amounts exceeding the limits which the Department shall establish by rule or regulation;

(6) If it contains any added poisonous, deleterious, non-nutritive substance, food or color additive, or new animal drug which is unsafe within the meaning of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. § 301 et seq.];

(7) If it consists in whole or part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for feed;

(8) If it has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.

3 Del. C. 1953, § ?1707; 56 Del. Laws, c. 69; 57 Del. Laws, c. 764, § ?8; 83 Del. Laws, c. 98, § 1;

Terms Used In Delaware Code Title 3 Sec. 1707

  • Commercial feed: means all materials or combination of materials which are distributed for the use as feed or for mixing in feed, for animals and cultured aquatic stock other than man except:

    a. See Delaware Code Title 3 Sec. 1703

  • Customer-formula feed: means a mixture of commercial feeds or materials each batch of which mixture is mixed according to the specific instructions of the final purchaser, or contract feeder. See Delaware Code Title 3 Sec. 1703
  • Distribute: means to offer for sale, sell, or barter, commercial feed or customer-formula feed; or to supply, furnish or otherwise provide commercial feed or customer-formula feed to a contract feeder. See Delaware Code Title 3 Sec. 1703
  • Drug: means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans; and articles other than commercial feed intended to affect the structure or any function of the animal body. See Delaware Code Title 3 Sec. 1703
  • Label: means a display of written, printed or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed or customer-formula feed is distributed. See Delaware Code Title 3 Sec. 1703
  • Person: means an individual, partnership, corporation, association, and other entities. See Delaware Code Title 3 Sec. 1703