4.12.221    ADULTERATED FEED

(1)  This rule clarifies references to the Federal Food, Drug, and Cosmetic Act that are included in 80-9-204, MCA to establish standards for adulterated feed.   The referenced sections of the Federal Food, Drug, and Cosmetic Act are codified in the United States Codes (USC)  as follows:

(a)  sections 402(a)  (1)  and (a)  (2)  are codified in 21 USC 342;

(b)  section 406 is codified in 21 USC 346;

(c)  section 408(a)  is codified in 21 USC 346a;

(d)  section 409 is codified in 21 USC 348;

(e)  section 512 is codified in 21 USC 360b; and

(f)  section 721 is codified in 21 USC 379e.

(2)  For purposes of implementing 80-9-204, MCA and determining if a feed is adulterated, the department hereby adopts and incorporates by reference the following federal regulations adopted under authority of the Federal Food, Drug, and Cosmetic Act.   These regulations assist in establishing the standards for adulteration and are effective as Montana law:

(a)  21 CFR 558 - NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS;

(b)  21 CFR 573 - FOOD ADDITIVES PERMITTED IN FEED AND DRINKING WATER OF ANIMALS;

(c)  21 CFR 579 - IRRADIATION IN THE PRODUCTION, PROCESSING AND HANDLING OF ANIMAL FEED AND PET FOOD;

(d)  21 CFR 582 - SUBSTANCES GENERALLY RECOGNIZED AS SAFE;

(e)  21 CFR 584 - FOOD SUBSTANCES AFFIRMED AS GENERALLY RECOGNIZED AS SAFE IN FEED AND DRINKING WATER OF ANIMALS;

(f)  21 CFR 589 - SUBSTANCES PROHIBITED FROM USE IN ANIMAL FOOD OR FEED; and

(g)  40 CFR 186 - PESTICIDES IN ANIMAL FEEDS.

(3)  A copy of these regulations may be obtained from the Montana Department of Agriculture, P.O. Box 200201, Helena, MT 59620-0201.

History: Sec. 80-9-103, MCA; IMP, Sec. 80-9-204, MCA; NEW, 2000 MAR p. 3333, Eff. 12/8/00.