                                 CODE OF VIRGINIA

ADULTERATION (§ 3.2-4808)

A. It is unlawful for any person who is a manufacturer or guarantor of a
commercial feed to distribute a commercial feed if the commercial feed:

   1. Contains any poisonous or deleterious substance that may render the
   commercial feed or its packaging injurious to health, unless the poisonous or
   deleterious substance is not an added substance and is not of sufficient
   quantity to render the commercial feed injurious to health under ordinary
   circumstances;

   2. Contains any added poisonous, added deleterious, or added nonnutritive
   substance that is unsafe within the meaning of Section 406 of the Federal
   Food, Drug, and Cosmetic Act. If the substance is a food additive or a
   pesticide chemical in or on a raw agricultural commodity, then subdivisions A
   3 and A 4 shall govern;

   3. Is, bears, or contains any food additive that is unsafe within the meaning
   of Section 409 of the Federal Food, Drug, and Cosmetic Act;

   4. 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. If a pesticide chemical has been used in or on a
   raw agricultural commodity in conformity within 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, then
   the residue of such pesticide chemical remaining in or on such processed feed
   shall not be deemed unsafe, so long as: (i) such residue in or on the raw
   agricultural commodity has been removed to the extent possible within good
   manufacturing practice; (ii) the concentration of such residue in the
   processed feed is not greater than the tolerance prescribed by Section 408 of
   the Federal Food, Drug, and Cosmetic Act for the raw agricultural commodity;
   and (iii) the feeding of such processed feed will not result, or be likely to
   result, in a pesticide residue in the edible produce of the animal, and that
   pesticide residue is unsafe within the meaning of Section 408 (a) of the
   Federal Food, Drug, and Cosmetic Act;

   5. Is, bears or contains any color additive that is unsafe within the meaning
   of Section 721 of the Federal Food, Drug, and Cosmetic Act;

   6. Is, bears, or contains any new animal drug that is unsafe within the
   meaning of Section 512 of the Federal Food, Drug, and Cosmetic Act;

   7. Has had any valuable constituent, in whole or in part, omitted or
   abstracted from the commercial feed, or any less valuable substance
   substituted into the commercial feed;

   8. Has had the composition or quality of the commercial feed fall below or
   differ from that which the manufacturer or guarantor purports or represents
   the commercial feed to possess by its labeling;

   9. 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; or if the drug does not conform to regulations
   adopted by the Board, to assure that the drug meets the requirements of this
   chapter as to safety, and to assure that the drug has the identity, strength,
   quality, and purity characteristics that it purports or is represented to
   possess. In adopting such regulations, the Board shall adopt the current good
   manufacturing practice regulations for Type A Medicated Articles, and Type B,
   and Type C Medicated Feeds, established under authority of the Federal Food,
   Drug, and Cosmetic Act, unless the Board determines that such regulations are
   not appropriate to the conditions that exist in the Commonwealth; or

   10. Contains viable weed seeds in amounts exceeding the limits as specified in
   the regulations of the Board. Nothing in this subdivision shall apply to whole
   unprocessed seeds.

B. The violation of any provision of this section shall be deemed to be
adulteration.

HISTORY: 1994, c. 743, § 3.1-828.10; 2008, c. 860.