Maine Revised Statutes Title 7 Sec. 717 – Adulteration
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1. Conditions deemed adulteration. A commercial feed shall be deemed to be adulterated:
A. 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 ordinarily render it injurious to health; or [PL 1971, c. 77, §1 (NEW).]
B. 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 a pesticide chemical in or on a raw agricultural commodity, or a food additive); or [PL 1971, c. 77, §1 (NEW).]
C. 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 [PL 1971, c. 77, §1 (NEW).]
D. If it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of the Federal Food, Drug and Cosmetic Act, section 408(a); 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 the Federal Food, Drug and Cosmetic Act, section 408, 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 the Federal Food, Drug and Cosmetic Act, section 408(a). [PL 1979, c. 541, Pt. A, §52 (AMD).]
[PL 1979, c. 541, Pt. A, §52 (AMD).]
Terms Used In Maine Revised Statutes Title 7 Sec. 717
- Commercial feed: means all materials except unmixed seed, whole or processed, when not adulterated within the meaning of section 717, subsections 1 to 4 which are distributed for use as feed or for mixing in feed, provided that the commissioner by regulation may exempt from this definition, or from specific provisions of this Act, commodities such as hay, straw, stover, silage, cobs, husks, hulls and individual chemical compounds or substances when such commodities, compounds or substances are not intermixed or mixed with other materials, and are not adulterated within the meaning of section 717, subsection 1, paragraph A. See Maine Revised Statutes Title 7 Sec. 712
- 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 feed intended to affect the structure or any function of the animal body. See Maine Revised Statutes Title 7 Sec. 712
- Labeling: means all labels and other written, printed or graphic matter upon a commercial feed or any of its containers or wrapper, or accompanying such commercial feed. See Maine Revised Statutes Title 7 Sec. 712
- Manufacture: means to grind, mix or blend, or further process a commercial feed for distribution. See Maine Revised Statutes Title 7 Sec. 712
2. Valuable constituent omitted. If any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor;
[PL 1971, c. 77, §1 (NEW).]
3. Composition or greatly differs from labeling. If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling;
[PL 1971, c. 77, §1 (NEW).]
4. Contains drug but does not conform to regulations. If it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing or packaging do not conform to current good manufacturing practice regulations promulgated by the commissioner to assure that the drug meets the requirement of this Act as to safety and has the identity and strength and meets the quality and purity characteristics that it purports or is represented to possess. In promulgating such regulations, the commissioner shall adopt the current good manufacturing practice regulations for medicated feed premixes and for medicated feeds established under authority of the Federal Food, Drug and Cosmetic Act, unless the commissioner determines that they are not appropriate to the conditions that exist in this State;
[RR 2021, c. 1, Pt. B, §96 (COR).]
5. Contains viable weed seed over limits. If it contains viable weed seeds in amounts exceeding the limits which the commissioner shall establish by rule or regulation.
[PL 1971, c. 77, §1 (NEW).]
SECTION HISTORY
PL 1971, c. 77, §1 (NEW). PL 1979, c. 541, §A52 (AMD). RR 2021, c. 1, Pt. B, §96 (COR).