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s 2451. Definitions.
Note: Authority cited: Sections 407, 12781, 12976, 12979, 14004.5, 14005, 14033, 14063 and 14102, Food and Agricultural Code. Reference: Sections 12751-13102 and 14001-14104, Food and Agricultural Code.
s 2452. Restricted Material Permit Requirements.
Note: Authority cited: Sections 407, 14005 and 14006, Food and Agricultural Code. Reference: Sections 14001, 14006, 14006.5 and 14007, Food and Agricultural Code.
s 2452.1. Employer-Employee Responsibility.
Note: Authority cited: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005 and 14102, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code.
s 2452.5. Refusal, Suspension or Revocation of a Restricted Material Permit.
Note: Authority cited: Sections 407, 12979, 14004.5, 14005, 14033 and 14063, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code.
s 2453. Chloropicrin and Methyl Bromide Restrictions.
Note: Authority cited: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005, and 14102, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code.
s 2454. Sodium Arsenite Restrictions.
Note: Authority cited: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005 and 14102, Food and Agricultural Code. Reference: Sections 12980-12982, 14001-14003, 14006, 14006.5, 14007, 14011, and 14103, Food and Agricultural Code.
s 2455. Restrictions on Planting Seeds Treated with Mercury Compounds.
s 2456. Propanil Restrictions.
Note: Authority cited: Sections 407, 12781, 12976, 14001, 14005 and 14102, Food and Agricultural Code. Reference: Sections 14006 and 14033, Food and Agricultural Code.
s 2457. Restrictions on Highly Volatile Liquid Herbicides.
s 2458. Herbicide Restrictions.
Note: Authority cited: Sections 407, 11502, 12005, 12731, 12781, 12976, 12979, 12981, 14001, 14004.5, 14005, 14033, 14063 and 14102, Food and Agricultural Code. Reference: Sections 11401-11531, 12981 and 14001-14104, Food and Agricultural Code.
s 2458.1. Sodium Fluoroacetate Restrictions.
Note: Authority cited: Sections 407, 12979, 14004.5, 14005, 14033, and 14063, Food and Agricultural Code. Reference: Sections 14001 through 14104, Food and Agricultural Code.
s 2458.2. Paraquat Restrictions.
Note: Authority: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005, and 14102, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code..
s 2458.3. 1,3-Dichloropropene and Ethylene Dibromide Restrictions.
Note: Authority: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005, and 14102, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code.
s 2458.4. Cotton Harvest Aid Restrictions.
Note: Authority: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005, and 14102, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code.
s 2458.5. Ethylene Dichloride Use Restrictions.
Note: Authority: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005, and 14102, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code.
s 2458.6. Chlordane Restrictions on Citrus, Grapes, and Strawberries.
Note: Authority: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005, and 14102, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code.
s 2458.7. Carbofuran Restrictions.
Note: Authority: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005, and 14102, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code.
s 2458.8. Fenamiphos Restrictions.
Note: Authority: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005, and 14102, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code.
s 2458.9. Termiticide Restrictions.
Note: Authority cited: Sections 407, 12781, 12976, 14005, and 14102, Food and Agricultural Code. Reference: Sections 14001 through 14104, Food and Agricultural Code.
s 2458.10. 2,4-Dichlorophenyl p-Nitrophenyl Ether Restrictions.
Note: Authority cited: Sections 407, 11502, 12781, and 14005, Food and Agricultural Code. Reference: Sections 11401-12121 and 12751-14104, Food and Agricultural Code.
s 2458.11. Phenoxy Herbicide Restrictions on Timberland.
Note: Authority cited: Sections 407, 14001, 14005 and 14006, Food and Agricultural Code. Reference: Sections 14004, 14006.5 and 14009, Food and Agricultural Code.
s 2459. Reports and Records.
Note: Authority cited: Sections 407, 12781, 12976, 14005, 14102, Food and Agricultural Code. Reference: Sections 12751-13102 and 14001-14104, Food and Agricultural Code.
s 2460. Generalized Symptoms, Residues, and Health Hazards.
s 2461. Dealer Responsibilities.
s 2462. Exempt Materials.
s 2463. Hearings Pursuant to Section 14009 of the Food and Agricultural Code.
Note: Authority cited: Sections 407 and 14005, Food and Agricultural Code. Reference: Sections 14006.5 and 14007-14011, Food and Agricultural Code.
s 2465. Certification Requirements.
Note: Authority cited: Sections 407, 12979, 14004.5, 14005, 14033, and 14063, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code.
s 2466. Applications.
Note: Authority cited: Sections 407, 14005 and 14102, Food and Agricultural Code.
s 2467. Categories and Examinations.
Note: Authority cited: Sections 407, 12976, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501, 14001 and 14102, Food and Agricultural Code.
s 2468. Refusal, Revocation, and Suspension of a Commercial Applicator Certificate.
Note: Authority cited: Sections 407, 12976, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501, 14001 and 14102, Food and Agricultural Code.
s 2469. Non-Certified Applicator Supervision.
Note: Authority cited: Sections 407, 12979, 14004.5, 14005, 14033, and 14063, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code.
s 2470. Regulation of Environmentally Harmful Materials Used by Structural Pest Control Operators.
Note: Authority cited: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005, 14010, 14011 and 14102, Food and Agricultural Code. Reference: Sections 14101-14104, Food and Agricultural Code.
s 2475. Purpose of Article.
Note: Authority cited: Sections 407, 11502, 12005, 12111, 12782, 12979, 12981 and 14005, Food and Agricultural Code. Reference: Sections 11401-12121, 12751-12994, and 14001-14104, Food and Agricultural Code.
s 2490. Findings of Fact: Incorporation of Federal Regulations.
Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code.
s 2490.1. Limitation on Residues of Pesticide Chemicals.
s 2490.2. Tolerances for DDT and Toxaphene.
s 2490.3. Severance.
Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, and 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, and 14001-14104, Food and Agricultural Code.
<<(Chapter Originally Printed 7-25-45)>>
Note: Authority cited for repealer of Group 1: Section 407, Agricultural Code. Reference: Sections 54601-54861, Agricultural Code.
s 2675. Definitions.
Unless otherwise apparent from the context the following definitions apply to this Group 2:
(a) "Mineral feed" means a commercial feed intended to supply primarily mineral elements or inorganic nutrients for animal nutrition.
(b) "Official sample" means a sample of commercial feed taken by the secretary or his agent for regulatory purposes.
(c) "Process" means any treatment that changes a feed ingredient so that it can no longer be restored to its previous form.
(d) "Official name" of ingredients means those defined in Article 14 of this Group 2, provided that in the absence of a definition, the common English name shall be used.
(e) "Food additive" has the same meaning as defined in the Food, Drug and Cosmetics Act 21, United States Code, section 321(s).
(f) "Sell" includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade.
(g) "Inert material" means ingredients that are not assimilated in the digestive process, including sand, granite grit, charcoal and clay.
(h) "Prohibited Mammalian Tissue" is any protein-containing portion of mammalian animals, excluding: blood and blood products, gelatin, inspected meat products which have been cooked and offered for human food and further heat processed for feed (such as plate waste and used cellulosic food casings), milk products (milk and milk proteins), and any product whose only mammalian protein consists entirely of porcine or equine protein; or any material specified in Title 21, Code of Federal Regulations (CFR) Part 589.2000, April 1, 2001.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14925, 14991, 14992(e), 15011 and 15042, Food and Agricultural Code.
s 2676. Safety and Efficacy of Drugs and Food Additives.
(a) Prior to use or sale of commercial feed containing any additive (including any drug, food additive, or other special purpose additive, or non-nutritive additive) the distributor shall submit evidence to the secretary to show the safety and efficacy of the commercial feed when used according to the directions stated on the label.
(b) In determining whether satisfactory evidence of safety and efficacy is shown, the secretary will consider:
(1) Whether each additive conforms to the requirements of the applicable regulations in Title 21, Code of Federal Regulations, Parts 570, 573 and 582 or are "prior sanctioned" or "generally recognized as safe (GRAS)" for stated uses.
(A) "Prior Sanctioned" is defined in Title 21, Code of Federal Regulations, Part 570.3, as an explicit approval granted with respect to use of a substance in food prior to September 6, 1958, by the Food and Drug Administration or the United States Department of Agriculture pursuant to the Federal Food, Drug and Cosmetic Act, the Poultry Products Inspection Act, or the Meat Inspection Act.
(B) "Generally Recognized as Safe (GRAS)" is defined in Title 21, Code of Federal Regulations, Part 570.3, definition of safe, as a reasonable certainty in the minds of competent scientists that the substance is not harmful under the intended conditions of use, and Part 570.30, where general recognition of safety may be based only on the views of experts qualified by scientific training and experience to evaluate the safety of substances directly or indirectly added to food.
(2) Whether the feed itself is a drug as defined in Section 14928 of the Food and Agricultural Code and is generally recognized as safe and effective for the label use, or is approved by the Food and Drug Administration under 21 United States Code 360 b.
(c) Premixes that contain more than 272.4 milligrams per pound (600 parts per million) added selenium shall be maintained by a daily inventory record that includes the following:
(1) The quantity of selenium premixes on hand at the beginning and end of the workday (up to 24 hours).
(2) A daily comparison of the actual amount of selenium premix used, with the theoretical or calculated usage.
(3) Actions taken to reconcile any discrepancies.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14903, 15011, 15031 and 15041, Food and Agricultural Code.
s 2677. Unlawful Sale or Use of Poisonous Substances.
It is unlawful to use or sell a commercial feed containing any poisonous or deleterious substance or any substance which when fed in accordance with label directions or when used in accordance with usual feeding practices may impair the health of the animal being fed or result in an illegal or harmful residue or constituent in or on human food.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14903, 15011 and 15041(a), Food and Agricultural Code.
s 2678. Unlawful Sale or Use of Material Containing Pesticide Residue.
(a) It is unlawful to sell or use commercial feed which contains pesticide residue or drug residue in excess of the tolerance permitted by regulations of the Food, Drug, and Cosmetic Act, Title 21, Part 556, and Title 40, Part 180, Code of Federal Regulations or tolerances set by the director.
(b) Tolerances established by the director are:
(1) DDT, DDD (TDE), and DDE, total residue: 0.5 part per million in or on commercial feed for animals.
(2) Toxaphene: 2.0 parts per million in or on commercial feed used by dairies for dairy animals; 7.0 parts per million for ruminant meat animal production and equines.
(3) Kelthane (1,1-bis (p-chlorophenyl)-2,2,2-trichloroethanol): 1.5 parts per million in or on commercial feed for ruminant meat animal production and equines.
(4) DEF (S,S,S, Tributyl Phosphorotrithioite), 4 parts per million in or on commercial feed for ruminant meat animal production and equines.
(5) Folex (Tributyl Phosphorotrithioite), 0.25 part per million in or on commercial feed for ruminant meat animal production and equines.
(c) This section does not authorize application of any pesticide.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14903, 15011 and 15041(a), Food and Agricultural Code.
s 2679. Fluorine Tolerances.
(a) The fluorine content of any mineral or mineral mixtures to be used directly for feeding shall not exceed 0.20 percent for breeding and dairy cattle; 0.30 percent for slaughter cattle; 0.30 percent for sheep; 0.35 percent for lambs; 0.45 percent for swine; and 0.60 percent for poultry.
(b) Any fluorine bearing ingredients may be used only in such limited amounts in commercial feed so that they will not increase the flurorine content of the total ration, exclusive or roughage, above the following amounts: for breeding and dairy cattle 0.004 percent; for slaughter cattle 0.009 percent; for sheep 0.006 percent; for lambs 0.01 percent; for swine 0.015 percent; and for poultry 0.03 percent.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 15011, Food and Agricultural Code.
s 2680. Heavy Metals Prohibited.
It is unlawful to sell or use commercial feed intended for direct feeding which contains a heavy metal; provided, however, the following tolerances are permitted: arsenic fifty (50) parts per million, lead thirty (30) parts per million, and mercury two (2) parts per million. Heavy metal contained in drugs which are otherwise permissible, are not subject to this prohibition.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 15011, Food and Agricultural Code.
s 2681. Animal Proteins Prohibited in Ruminant Feed.
(a) The manufacture, distribution and use of commercial feed containing protein derived from prohibited mammalian tissues shall comply with the requirements of Title 21, Code of Federal Regulations, Parts 589.2000, April 1, 2001.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14903, 15011 and 15041, Food and Agricultural Code.
s 2683. Special Mixes.
(a) On or before the date of the first delivery of a load, each person that manufactures or prepares a special mix for another person shall furnish to the purchaser either a label that meets the conditions of section 2694 or the following information on an invoice or other document furnished to the purchaser:
(1) A numbered invoice or an attached document stating the date of sale and formula number.
(2) A guaranteed analysis stating the following:
(a) Crude Protein, minimum %
(b) Equivalent Crude Protein from Nonprotein Nitrogen, maximum (If Present) %
(c) Crude Fat, minimum %
(d) Crude Fiber, maximum %
(e) Ash, maximum %
(f) Maximum percentage of sodium, if more than one-half of one percent (0.5%) of sodium is present.
(g) In the case of any formula feed which contains more than nine percent ash, the minimum and maximum percentage of calcium (Ca), minimum percentage of phosphorus (P) and the maximum percentage of sodium (if present).
(3) The official name and percent or pounds of each ingredient and if any formula feed is used, the percent or pounds of the formula feed.
(4) If a formula feed is used, the label for the formula feed meeting the requirements of section 2694 must be attached to the numbered invoice.
(5) A special mix that contains a drug must be accompanied by all information required in section 2701 with each delivery.
(b) The shipping document that accompanies each subsequent delivery shall provide a label which meets the terms of section 2694, or shall plainly and prominently show the original special mix in the following manner: "Ingredient listings and guarantee of analysis accompanying formula number ( ) applies to this delivery." The shipping document must also contain the name, address and telephone number of the purchaser. Whenever any change is made in the composition of the special mix the purchaser shall be supplied with a newly numbered formula showing the required information on or before the date of the first delivery. Upon request, the manufacturer must provide the above documentation as required by director.
(c) The seller shall retain a copy of each formula for one year subject to inspection by the director. No two formulas issued in one calendar year shall bear the same number.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992(e), 14993 and 14994, Food and Agricultural Code.
s 2684. Bulk Sale.
The net weight of any special mix which is sold in bulk shall be affirmed by a weighmaster's certificate of weight and measure.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 14993, Food and Agricultural Code.
s 2685. Packaged Sale.
If packaged, each package of a special mix shall have attached to it a label with all the information required in Section 2683.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14991, 14992 and 14993, Food and Agricultural Code.
s 2686. Resale.
It is unlawful to resell a special mix unless properly labeled to meet the requirements of this Group 2.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14991 and 14994, Food and Agricultural Code.
s 2688. Required Use of Official Names.
The official name of each ingredient in reference to commercial feed in labeling and advertising shall be from the official feed name found in Article 14.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14991 and 14992(e), Food and Agricultural Code.
s 2689. Classification of Ingredients.
The director will examine all ingredients used in feed on the basis of materials, label and advertising claims, and generally accepted usage, and determine whether each is a drug, food additive, special purpose additive or nutritional ingredient.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14991 and 14992(e), Food and Agricultural Code.
s 2690. Specificity of Directions.
The director may disapprove directions which are incapable of being followed, or are unlikely to be followed in usual feeding practices.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14991 and 14992(f), Food and Agricultural Code.
s 2691. Statement of Ingredients Outside List.
It is unlawful to show any ingredient outside the list of ingredients, whether in a tradename, trademark or otherwise, unless the percentage of the ingredient in the mix is shown in the same size type. Such statement shall not be shown in a misleading manner.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14991 and 14992, Food and Agricultural Code.
s 2692. Inert Materials.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14991, 14992(d) and 15011, Food and Agricultural Code.
s 2693. Complete Label Required.
Each lot or parcel of commercial feed shall bear a complete label as required by sections 14991 and 14992 of the Food and Agricultural Code. Any supplemental representation of the commercial feed, whether or not attached to the label, must correspond fully with the information stated on the label and apply to the complete feed.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14991 and 14992, Food and Agricultural Code.
s 2694. Label Statements.
The tag or label shall contain a legible and plainly printed statement which certifies to all of the following:
(a) Minimum percent of crude protein.
(1) Commercial feeds containing non-protein nitrogen must be labeled in accordance with Section 2707.
(b) Minimum percent of crude fat.
(c) Maximum percent of crude fiber.
(d) Maximum percent of ash.
(1) Guarantees for the minimum and maximum percentage calcium, minimum percentage phosphorus, and maximum percentage of sodium may be stated in lieu of the ash guarantee.
(2) In the case of any formula feed which contains more than 9.0 percent ash, the minimum and maximum percentage of calcium, minimum percentage of phosphorus and maximum percentage of sodium shall be guaranteed, if present.
(e) Recognized official name of each ingredient in order of decreasing amounts present. The name of each ingredient shall appear in the same size, style and color and shall not be misleading. The following descriptive terms used in identification of ingredients in article 14 are not required in the list of ingredients unless it expressly states: "Mechanically Extracted," "Solvent Extracted," or "Feed Grade."
(f)(1) A single ingredient product using the official name defined in Article 14, Definitions and Standards, is not required to have an ingredient statement.
(2) The labeling for a single ingredient shall contain guarantees required by this section and the minimum and/or maximum specifications included in the product definition in Article 14, Definitions and Standards.
(3) A single ingredient is not required to guarantee maximum percentage of ash unless it is specified by definition in Article 14.
(g) Maximum percentage of low nutrition ingredients in a formula feed if they singly or collectively make up more than one percent.
(h) Trademarked products can be contained in the ingredient listing in parentheses with the ingredients in the product listed in decreasing amounts present.
(i) Inert materials contained in a formula feed shall be guaranteed if they singly or collectively make up no more than one percent.
(j) Maximum percentage of sodium, if more than 0.5 percent of sodium is present.
(k) Numerical value shall be guaranteed for any special quality claimed, including vitamin potency, amino acid content or special mineral content.
( l) Maximum percentage of moisture or minimum percentage dry matter shall be guaranteed when moisture exceeds 15.0 percent. When dried animal waste is used in a mixed feed, the moisture of the mixed feed shall not exceed 12.0 percent.
(m) Vitamins shall be guaranteed in the terms specified in section 2702. Guarantees for vitamins are not required when commercial feed is neither formulated for nor represented in any manner as a vitamin supplement.
(n) Any ingredient that is used as a carrier for vitamin, medicated or mineral premixes, may be omitted from the label and substituted with the collective term "roughage products," if the premix makes up one percent or less of the formula feed. The term "roughage products" may be omitted from the formula feed listing of ingredients.
(o) Additional guarantees must be measurable by an analytical method approved by the Secretary.
(p) Commercial feeds containing added selenium must be labeled in accordance with section 2697 (Labeling for Special Purposes).
Note: Authority cited: Sections 407, 14902 and 14992, Food and Agricultural Code. Reference: Sections 14992, 15011 and 15042, Food and Agricultural Code.
s 2695. Collective Terms.
(a) The term "grains" may be used as an ingredient name. However, when one or more grains are named, no substitution shall be made. The form of the grain may be rolled, burred, cracked, ground, whole or pelleted. A statement of form is optional. The ingredients which may be included as "grains" are:
(1) Barley, as defined in section 2776(a);
(2) Corn, as defined in section 2782(c);
(3) Grain sorghums, as defined in section 2797(a);
(4) Oats, as defined in section 2791(a);
(5) Rye, as defined in section 2795(a); and
(6) Wheat, as defined in section 2800(a).
(b) The term "roughage products" may be used as an ingredient name only in labeling medicated, mineral and vitamin premixes if the labeled recommended use level of the premix in the total ration is specified to be one percent or less of the total ration. The ingredients which may be included as "roughage products" are:
(1) Almond Hull products, as defined in section 2773.5;
(2) Barley Hulls, as defined in section 2776(d);
(3) Corn Cob Fractions;
(4) Cottonseed Hulls, as defined in section 2783(i);
(5) Grape Pomace, as defined in section 2785(a);
(6) Oat Hulls, as defined in section 2791(c);
(7) Rice products, as defined in section 2794(f) and (g);
(8) Rye, Mill Run, as defined in section 2795(a);
(9) Soybean Hulls, as defined in section 2798(c);
(10) Soybean Mill Feed, as defined in section 2798(i);
(11) Soybean Mill Run, as defined in section 2798(j);
(12) Citrus Meal, Dried Citrus Pulp, as defined in section 2802(f); and,
(13) Wheat products, as defined in Section 2800.
Note: Authority cited: Sections 407, 14902 and 14992, Food and Agricultural Code. Reference: Section 14992(e), Food and Agricultural Code.
s 2696. Guarantees.
(a) All guarantees shall apply to the whole feed rather than any single ingredient, except as required in section 2683, and shall be based on a recognized laboratory method of determination.
(b) Misleading and indefinite statements concerning ingredients and value of ingredients of the feed are prohibited. Included within this prohibition is the use of such terms as "better," "high," "increased," "greater," "low," "decreased," and "less."
(c) All guarantees shall be stated in percent unless expressly provided to the contrary as required by sections 2683 and 2702.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 14992(d), Food and Agricultural Code.
s 2697. Labeling for Special Purposes.
(a) Each delivery of commercial feed, other than a special mix, shall be accompanied by a label containing the information required by section 2694.
(b) The guarantees required by section 2694 may be replaced with guarantees pertinent to special purpose commercial feeds and feed ingredients when the feed is sold primarily for drug, mineral, or vitamin content; or when labeled in accordance with Sections 2783.5, 2788(g), (h), (i), (j), (l), (m), 2789(p), (r), (t), (u), 2790, 2790.5, 2790.7 and 2802(e).
(c) Premixes processed by a manufacturer for use in commercial feed shall be identified. These products are subject to inspection, and shall conform to the definitions and standards which apply to the product or the claims made.
(d) Commercial feeds containing more than 0.3 parts per million (ppm) added selenium shall include the following on the label:
(1) A guaranteed analysis statement for the minimum and the maximum parts per million (ppm) of selenium.
(2) Feeding and/or mixing instructions that bear adequate directions for the safe and permitted use of a feed containing added selenium, including the maximum permitted levels of use for a specific species.
(3) The statement "Caution: Follow label directions: Feeding added selenium at levels in excess of 0.3 ppm in the total diet is prohibited."
(e) Computer, generated labels may be used provided all labeling requirements are met.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14903, 14993, 15011 and 15041, Food and Agricultural Code.
s 2698. Labeling Liquid Feed.
All liquid feed supplements shall be labeled in accordance with the requirements found in Section 2694. In addition, the label shall include the minimum percentage of total sugar expressed as invert and maximum percentage of moisture or the minimum percentage of dry matter. Guarantees for crude fat or crude fiber are not required in liquid feed when there is less than one percent of either constituent.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14991, 14992 and 14993, Food and Agricultural Code.
s 2700. Use of Drugs in Commercial Feed.
All feeds containing drugs and food additives shall comply with the requirements of Title 21, Code of Federal Regulations, Parts 225, 558, 570, 573 and 582.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14903, 15011, 15031 and 15041, Food and Agricultural Code.
s 2701. Labeling of Feeds Containing Drugs.
Without exception, each delivery of commercial feed containing drugs must be accompanied by a label, invoice or delivery document stating in a prominent manner:
(a) The name and quantity of each drug and active ingredient.
(b) The purpose of each drug and active ingredient.
(c) The term "MEDICATED" prominently displayed immediately above or below the name of the feed.
(d) Adequate directions for use.
(e) Warnings against use of the feed under contra-indicated conditions, including danger to the health of the animal, and warnings against use of the animal or its products for particular purposes when necessary.
(f) Withdrawal warnings where necessary to assure compliance with residue limitations imposed by regulation.
(g) Each batch or production run of medicated feed shall be identified with its own individual batch or production run number, code, date or other suitable identification. Bulk feed shall have this information stated on the label, invoice or shipping document. Sacked or packaged feed shall have the lot number applied to the label, sack or package. This identification shall be adequate to facilitate the tracing of the complete manufacturing and distribution history of the product.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14903, 14992(f) and 15011, Food and Agricultural Code.
s 2702. Drug and Food Additive Guarantees.
Drugs and food additives in commercial feed shall be guaranteed in percentage except:
(a) Drugs, where the statement of dosage is in milligrams, shall be guaranteed in milligrams per pound.
(b) Antibiotics shall be guaranteed in milligrams per pound, except as required by subsection (c).
(c) Commercial feed containing antibiotics in amounts less than 2,000 grams per ton of feed shall be labeled to show the grams of antibiotic per ton; or if present in amounts more than 2,000 grams per ton shall be labeled to show the grams of antibiotic per pound of feed.
(d) Vitamin A shall be guaranteed in International United States Pharmacopoeia (U.S.P.) units per pound.
(e) Vitamin D shall be stated in International or United States Pharmacopoeia (U.S.P.) units per pound.
(f) Vitamin E shall be guaranteed in International Units (I.U.) per pound.
(g) All other vitamins shall be guaranteed in milligrams per pound.
(h) All guarantees for vitamin content shall be stated as true vitamins, not compounds. Vitamin K shall be guaranteed as Menadione. The actual form of the vitamin added may be stated as the true vitamin (examples include D-Activated Animal Sterol, Vitamin A Acetate, A-Tocopherol Acetate) or as other commonly recognized terms (examples include Vitamin D 3 Supplement, Vitamin A Supplement, Vitamin E Supplement).
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14903, 14991 and 14992(e), Food and Agricultural Code.
s 2703. Net Weight Statement.
The net weight statement on the label shall comply with requirements of Division 5 of the Business and Professions Code.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 14992(a), Food and Agricultural Code.
s 2704. Screenings in Wheat Products.
The admixture of any proportion of wheat screenings with wheat bran or wheat shorts requires a declaration to that effect in the principal brand name. For example: (a) wheat bran with ground wheat screenings; (b) wheat shorts with ground wheat screenings; (c) wheat mixed feed with wheat screenings.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 14992(e), Food and Agricultural Code.
s 2705. Standards Not Changed by Addition of Screenings.
The crude fiber standards, as shown in the various definitions for grains and mill by-products, shall not be altered by the addition of screenings.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 15041(b) and (c), Food and Agricultural Code.
s 2706. Materials Requiring Percentage Listings.
The director may require the percentage listing of any materialwhich he finds to be of minimal nutritional value.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 14992(d), Food and Agricultural Code.
s 2707. Use of Nonprotein Nitrogen Products.
(a) Urea and other nonprotein nitrogen products defined in section 2790.7 are acceptable ingredients in commercial feeds for ruminants. They may be used in commercial feed for other animals only with approval by the Director.
(b) Ingredient sources of non-protein nitrogen such as Urea, DiAmmonium Phosphate, Ammonium Polyphosphate Solution, Ammonium Sulfate, or other basic non-protein nitrogen ingredients defined by regulation shall be guaranteed as follows:
(1) Minimum percentage of Nitrogen.
(2) Minimum percentage of Equivalent Crude Protein from Non-Protein Nitrogen.
(c) Formula feed containing nonprotein nitrogen products shall be labeled as follows: The maximum percent of equivalent crude protein from nonprotein nitrogen shall appear immediately below the guarantee for the minimum percent of crude protein.
(d) If the commercial feed, including liquid feed contains more than 8.75 percent equivalent crude protein from all forms of nonprotein nitrogen, or if the equivalent crude protein from all forms of nonprotein nitrogen exceeds one-third of the total crude protein, the label shall bear a warning statement followed by feeding directions for the safe use of the feed. The warning statement shall be in prominent bold type against a contrasting background.
WARNING EXCESSIVE CONSUMPTION MAY RESULT IN ADVERSE TOXIC REACTION USE ONLY AS
DIRECTED
(e) Directions for use must be stated in a manner that when followed correctly will prevent toxic reaction from over-consumption. The directions shall include the following: Consumption should be carefully controlled until animals become adjusted to the feed. Additional care should be exercised with starved, stressed or debilitated animals. Recommended daily intake levels shall be given, as well as the statement that all manufacturer's directions for use must be followed carefully.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992(d) and (f), Food and Agricultural Code.
s 2708. Vitamin Premixes.
Note: Authority cited: Sections 407, 14902 and 14992, Food and Agricultural Code. Reference: Sections 14991 and 14992(e), Food and Agricultural Code.
s 2712. Misleading Advertising Prohibited.
No printed, written, or advertising matter concerning commercial feed shall contain any statement, design, or device which is false, or misleading.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 15031, Food and Agricultural Code.
s 2717. Reports of Inspection and Analysis.
(a) When an official sample has been taken and the analysis made, all financially interested parties shall be supplied with a copy of the report of inspection and analysis.
(b) If the analysis of an official sample shows that a lot of commercial feed has been sold or offered for sale in violation of any requirement of law or regulation, the report of inspection and analysis shall state the violations found.
(c) Reports of inspection and analysis apply only to the specific lot represented by the sample.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14902 and 15021, Food and Agricultural Code.
s 2719. Use of Reports in Advertising Prohibited.
It is unlawful to use the name of the Department of Food and Agriculture or any of its employees or any reference to a report of inspection and analysis made by the Department in connection with any advertising of commercial feed.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 14902, Food and Agricultural Code.
s 2725. Reuse of Containers.
Containers used in the manufacture, distribution and sale of commercial feed shall be suitable for the intended use, sanitized when necessary and cleaned after use, when necessary, to prevent contamination or adulteration of the product.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 14902, Food and Agricultural Code.
s 2733. Misbranding.
A commercial feed shall be deemed to be misbranded:
(a) If it is distributed under the name of another commercial feed.
(b) If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a feed ingredient or ingredients, unless the commercial feed or feed ingredients conform to the definitions prescribed in this Group 2.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 15031, Food and Agricultural Code.
s 2734. Adulteration.
A commercial feed shall be deemed to be adulterated:
(a) (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
(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
(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
(4) If it is a raw agricultural commodity and it bears or contains a pesticid 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.
(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.
(6) If it contains more than 20 parts per billion Aflatoxin B 1 except as provided in Section 2735(e).
(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.
s 2735. Supplemental Cottonseed Product Controls.
This section supplements the control of cottonseed products to ensure that these products meet the tolerance for aflatoxin B1, established in Section 2734(a)(6).
(a) Each lot, or truck, railcar, ship, barge, container, air transport, or any other means of transportation of cottonseed products originating outside of California, as a condition of entry into California, shall be accompanied by the following:
(1) A completed form furnished by the secretary (Certificate of Movement of Cottonseed Products, Rev. 5-97), incorporated by reference, stating the origin and destination of the cottonseed products.
(2) An analysis certificate reporting the results of sampling and laboratory testing for aflatoxin B1, showing compliance with the aflatoxin B1tolerances stated in Section 2734(a)(6), the name of the testing laboratory, and the testing laboratory report number representing the lot of cottonseed products identified on the certificate.
(3) A label with guaranteed analyses that complies with Section 2694 and Section 2783.
(b) Shipment of cottonseed products, which do not meet the tolerance for aflatoxin B1established in Section 2734(a)(6), shall be refused entry into California, except for entry for transportation to a site operating under authority of the secretary for aflatoxin detoxification or oil extraction, with the exception of products intended for export or non-feed usage, or exempted by subsection (e) of this section.
(c) Documentation for all shipments, originating outside of California, by railcar, truck, ship, barge, container, or air transportation, with the exception of products intended for export or non-feed usage, shall be mailed to the Department on or before the shipment date and documents shall be affixed to, or accompany the lot to the purchaser. All truck shipments shall submit to inspection at California border stations and a copy of all required documentation shall accompany the lot to the purchaser. Failure to obtain such document inspection, or diversion after document inspection, shall be grounds for seizure and quarantine of the shipment.
(d) Cottonseed products originating in Riverside and Imperial counties of California shall move only to a detoxification or oil extraction site approved by the secretary, unless the products are certified by laboratory testing showing that the product is within the tolerance for aflatoxin B1established in Section 2734(a)(6). Such laboratory certifications shall be affixed to, or accompany the lot to the purchaser.
(e) Cottonseed meal exceeding the 20 ppb tolerance for aflatoxin B1but below the federal action level for aflatoxin B1of 300 ppb. may be fed to beef cattle in Imperial County under the following conditions:
(1) Shipments into Imperial County shall be made by sealed trailer or sealed railcar.
(2) All cottonseed meal entering Imperial County that exceeds the 20 ppb tolerance for aflatoxin B1but below the federal action level for aflatoxin B1of 300 ppb shall be accompanied by an analysis certificate showing the results of laboratory sampling and testing, as required by Section 2735(a).
(3) All Imperial County beef cattle feedlots receiving shipments of cottonseed meal, meeting the requirements of Section 2735(e), shall sign the Certificate of Movement on Cottonseed Products and return it, as required by Section 2735(b), to the Department of Food and Agriculture, Division of Inspection Services, 1220 N Street, Sacramento, California, 95814.
(4) Once delivered to a beef cattle feedlot in Imperial County, cottonseed meal exceeding the 20 ppb tolerance for aflatoxin B1but below federal action level for aflatoxin B1of 300 ppb shall not be removed from the feedlot premises except for testing purposes.
(5) It is a violation of Sections 15071, 15071.5 and 15072, Food and Agricultural Code, for any person to distribute, sell or transport or otherwise remove cottonseed meal exceeding the 20 ppb tolerance for aflatoxin B1but below the federal action level for aflatoxin B1of 300 ppb from a beef cattle feedlot in Imperial County.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 15041, 15071, 15071.5, 15072 and 15073, Food and Agricultural Code.
s 2746. Removal from Sale.
(a) The results of analysis determining whether the seized commercial feed is in violation of law shall be made known to the person having control of the feed within 5 working days.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 15076, Food and Agricultural Code.
s 2750. Tax Payment.
(a) Each person holding a commercial feed license shall pay the inspection tonnage tax as required in section 15062 of the Food and Agricultural Code.
(b) Reports of taxable sales shall be made quarterly to the director not later than one calendar month after March 31, June 30, September 30, and December 31 on a form furnished by the director. Quarterly reports and payments become delinquent on May 1, August 1, November 1, and February 1, for the respective preceding quarter.
(c) Sales of commercial feed amounting to a tonnage tax of zero dollars (0) or up to five hundred dollars ($500) may be submitted as an estimate for the entire year on the first quarter tonnage tax payment. A fourth quarter report shall be required if there are any adjustments for the calendar year's tonnage tax payment.
(d) A completed tax report must be filed for each quarter whether or not taxable sales have been made in that period, except as provided in Section 2750(c).
(e) Each licensee shall keep accurate records of sales of commercial feed which shall be available for examination by the director and shall include the date of sale, to whom sold, the name and net weight of the product sold. The records shall be maintained to support the reports for the previous 3 years.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 15061 and 15062, Food and Agricultural Code.
s 2751. Licensing.
(a) Exemptions from license requirements provided in Section 15051 of the Food and Agricultural Code shall apply only to retail stores selling bagged or packaged commercial feed labeled by a licensed feed manufacturer.
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 15051, Food and Agricultural Code.
s 2760. Damaged Feed.
(a) Damaged feed shall be deemed adulterated and unlawful for sale except under permit of the director. Feed shall be deemed damaged when it or any ingredient has been affected by smoke, heat, water, mold, or contamination by any foreign substance to such an extent as to affect the nutritive value, therapeutic value, palatability, or wholesomeness of the feed.
(b) Any person in possession of damaged feed shall notify the director as soon as practicable after the event causing the damage and shall withhold use of the damaged feed until approved by the director. Within 5 working days of receipt of notification, except in emergency conditions, the director will make such inquiry and tests as he deems necessary, or may require the person in possession to demonstrate the extent of damage by sampling, testing, and other procedures as the director deems necessary.
(c) If the director determines that the damaged feed is suitable for use as commercial feed without restriction, he shall so notify the person in possession. Such feed shall not be deemed adulterated.
(d) If the director finds that he damaged feed should be permitted to be used only upon certain conditions, including reconditioning and special labeling, he may issue a permit to the person in possession for such use, requiring such conditions to be met, and may require protective controls and reports as he deems necessary.
(e) If the director determines that the feed is damaged to such an extent as to be unsuitable for use as commercial feed, he shall require the person in possession to destroy the feed or dispose of it in such a manner that it cannot be used as feed and may require controls and reports as he deems necessary.
(f) The director will require that all damaged feed containing drugs be disposed of as provided in subsection (e) and it is unlawful to sell or use such damaged feed. (continued)