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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Agriculture
Chapter : ANIMAL AND BIRD FEEDS
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3-2601 Definitions
In this article, unless the context otherwise requires:
1. "Brand" means the term, design or trademark and other specific designation under
which an individual commercial feed is distributed in this state.
2. "Commercial feed" means all materials, except whole seeds unmixed or physically
altered entire unmixed seeds, that are distributed for use as feed or for mixing in
feed. Commercial feed includes raw agricultural commodities distributed for use as feed
or for mixing in feed when the commodities are adulterated within the meaning of section
3-2611.
3. "Customer-formula feed" means a mixture of commercial feed or feed materials, or
both, each batch of which is mixed according to the specific instructions of the final
purchaser.
4. "Distribute" means to offer for sale, sell, barter or otherwise supply
commercial feeds or customer-formula feeds, except that the term "distribute" shall not
include or apply to any feeds supplied for consumption on the premises of the supplier.
5. "Division" means the environmental services division of the ARIZONA department
of agriculture.
6. "Feed ingredient" means each of the constituent materials making up a commercial
feed.
7. "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.
8. "Official sample" means any sample of feed taken by the director or the
director's agent and designated as official.
9. "Per cent" or "percentage" means percentage by weight.
10. "Person" includes individual, partnership, corporation, firm, association or
agent.
11. "Sell" or "sale" includes exchange.
12. "Ton" means a net weight of two thousand pounds avoirdupois.
3-2602 Administration and enforcement
A. In addition to other duties imposed by law, the associate director of the
division shall administer and enforce the provisions of this article under the
supervision of the director.
B. The salaries and expenses of travel and subsistence for employees who administer
and enforce this article shall be paid from the commercial feed fund.
3-2603 Enforcement and administrative powers
A. The associate director may refuse to license or may cancel the license of any
distributor in violation of the provisions of this article. The director shall review
the associate director's action on request of any person adversely affected by the
action.
B. The director may, after a hearing:
1. Adopt rules:
(a) Requiring the guarantee of substances and elements when claimed present in a
commercial feed, and declare the form in which the guarantee shall appear upon the label.
(b) Setting forth acceptable descriptive terms by which ingredients shall be listed
on the labeling when used as ingredients of a commercial feed or customer-formula feed.
(c) Requiring a statement of warning and directions for use of commercial feeds and
customer-formula feeds containing drugs or chemicals.
(d) Establishing limits of viable weed seeds contained in commercial feed.
(e) Both administrative and technical, which the director deems necessary for the
efficient administration of this article.
2. Cooperate with, and enter into agreements with, other agencies of the state,
other states and agencies of the federal government in order to carry out the purpose and
provisions of this article.
3. Exempt from the definition of commercial feed or from specific provisions of
this chapter 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 3-2611.
4. Define weights in the metric system.
3-2604 Publications; membership in professional organizations
A. The department may publish at such times and in such form as the director deems
proper:
1. Information concerning the sale of commercial feeds and customer-formula feeds
together with such data on their production and use as he may consider advisable, but the
information concerning production and use of commercial feeds and customer-formula feeds
shall not disclose the operations of any one person.
2. Reports of chemists' findings based on official samples of each brand of
commercial feed and customer-formula feed sampled and analyzed as compared to the
guaranteed chemical analysis for each such feed.
B. The director may authorize employees of the department to:
1. Join and subscribe to any state, district, regional or national organization or
publications relating to sale and distribution of or control of sale and distribution of
commercial feeds.
2. Attend state, district, regional and national meetings relating to sale and
distribution or control of sale and distribution of commercial feeds.
C. Expenses authorized by this section shall be paid from and limited by the
commercial feed fund.
3-2605 Inspection; official samples; analysis; report
A. The director, who may act through an authorized agent, shall sample, inspect,
analyze and test commercial feeds and customer-formula feeds distributed within the state
at such time and place and to such an extent as the director deems necessary to determine
whether or not such feeds are in compliance with the provisions of this article. The
director, individually or through an agent, may enter upon any public or private premises
during regular business hours in order to have access to feeds, facilities, vehicles and
records subject to the provisions of this article and the rules adopted by the
director. If the owner of any factory, warehouse or establishment, or an agent, refuses
to admit the director or an agent to inspect in accordance with this subsection, the
director may obtain from any state court a warrant directing such owner or an agent to
submit the premises described in such warrant to inspection.
B. The methods of sampling and analyzing shall be those adopted by the director.
C. The director, in determining for administrative purposes whether or not a
commercial feed or customer-formula feed is deficient in any component, shall be guided
solely by the official sample as defined in section 3-2601 and obtained and analyzed as
provided in subsection B of this section.
D. When the inspection and analysis of an official sample indicate a commercial
feed or customer-formula feed has been adulterated or misbranded, the results of the
analysis shall be forwarded immediately by the department to the distributor and the
purchaser. Upon receipt of a request within thirty days after transmitting the results
of the analysis, the department shall furnish to the registrant a portion of the sample
concerned.
3-2606 Inspection fees; quarterly statement by distributor; retention of records
A. An inspection fee at the rate of fifteen cents per ton shall be paid to the
department on commercial feeds distributed in this state by any person licensed pursuant
to section 3-2609 subject to the following:
1. If more than one distributor is involved in the chain of distribution the one
who sells directly to the ultimate consumer or to a distributor exempted from a license
is responsible for submitting the tonnage report and payment of inspection fees.
2. Distributors exempt from a license are not responsible for the filing of tonnage
reports or the payment of the inspection fees for products purchased from a licensee and
sold in the form in which received.
3. No inspection fees are required for commercial feeds sold or exchanged between
licensed manufacturers for further manufacturing or processing, or for commercial feeds
on which the inspection fee has been paid by a previous manufacturer or distributor in
the chain of distribution.
4. The minimum inspection fee is two dollars for each calendar quarter.
B. The director may, after a hearing, decrease or increase the inspection fee
provided in this section, except that the rate shall not exceed thirty cents per ton.
C. Each person who is liable for the payment of such fee shall:
1. File, not later than the last day of January, April, July and October of each
year, a quarterly statement, setting forth the number of net tons of commercial feeds
distributed in this state during the preceding calendar quarter. Upon filing the
statement such person shall pay the inspection fee at the rate stated in subsection A of
this section. Inspection fees which are due and owing and have not been remitted to the
department within thirty days following the date due shall have a penalty fee of ten per
cent or ten dollars, whichever is larger, added to the amount due when payment is finally
made. The assessment of this penalty fee shall not prevent the director from taking
other actions as provided in this article.
2. Keep such records as may be necessary or required by the director to indicate
accurately the tonnage of commercial feed distributed in this state. The director may
examine such records to verify statements of tonnage. Failure to make an accurate
statement of tonnage or to pay the inspection fee or comply as provided in this section
shall constitute cause for cancellation of any or all commercial feed licenses on file
for the distributor.
3-2607 Commercial feed fund
A. The commercial feed fund is established. All monies collected under the
provisions of this article shall be deposited, pursuant to sections 35-146 and 35-147, in
the fund.
B. The director shall administer the fund. On notice from the director, the state
treasurer shall invest and divest monies in the fund as provided by section 35-313 and
monies earned from investment shall be credited to the fund.
C. The fund shall be used solely for the purpose of administering the provisions of
this article upon the order of the director.
D. The commercial feed fund is exempt from the provisions of section 35-190
relating to lapsing appropriations.
3-2608 Restrictions upon enforcing officers
No person charged with the enforcement of any of the provisions of this article
shall be directly or indirectly interested in the sale, manufacture or distribution of
any commercial feed.
3-2609 Licensing
A. No person may manufacture or distribute commercial feed in this state without a
commercial feed license from the division, except that no license is required of persons
distributing only:
1. Commercial feeds to licensed manufacturers for further manufacturing.
2. Packaged commercial feed in the original packages or containers of a licensee as
packaged and labeled by the licensee.
3. Bulk commercial feed in the form received from a licensee and labeled as
required with label information furnished by the licensee, except for net weight
statement.
B. Applications for a license shall be made on forms prescribed by the department
listing each business location used in the manufacture or distribution of commercial feed
in this state and such other information the department requires. Applications shall be
accompanied by a fee of ten dollars per year for each separate place of business used in
the manufacture of commercial feed in this state. Applications of manufacturers or
distributors having no established place of business in this state, but otherwise subject
to a license under this section, shall be accompanied by a fee of ten dollars per
year. All licenses issued through 1998 expire on the last day of February of the
following year. Beginning in 1999, the director may provide by rule for licenses having
a term of one or more years and may prescribe the date on which licenses
expire. Licenses are not transferable and no credit or refund may be granted for
licenses held for less than a full license term. No new business locations may be put
into operation during the term of the license without the payment of an additional fee of
ten dollars for each new location.
3-2610 Labeling
A. A commercial feed, except a customer-formula feed, shall be accompanied by a
label bearing the following information:
1. The net weight.
2. The product name and the brand name, if any, under which the commercial feed is
distributed.
3. The guaranteed analysis, stated in such terms as the director by rule
determines, is required to advise the user of the composition of the feed or to support
claims made in the labeling. In all cases the substances or elements must be
determinable by laboratory methods such as the methods published by the association of
official analytical chemists.
4. The common or usual name of each ingredient used in the manufacture of the
commercial feed. The director by rule may permit the use of a collective term for a
group of ingredients which perform a similar function or may exempt such commercial
feeds, or any group of such feeds from this requirement of an ingredient statement if the
director finds that such statement is not required in the interest of consumers.
5. The name and principal mailing address of the manufacturer or the person
responsible for distributing the commercial feed.
6. Adequate directions for use or precautionary statements for all commercial feeds
containing drugs and for such other feeds as the director may require by rule as
necessary for their safe and effective use.
B. A customer-formula feed shall be accompanied by a label, delivery slip or other
shipping document bearing the following information:
1. Name and address of the manufacturer.
2. Name and address of the purchaser.
3. Date of delivery.
4. The product name and brand name, if any, and the net weight of shipment.
5. Adequate directions for use or precautionary statements for all customer-formula
feeds containing drugs and for such other feeds as the director may require by rule as
necessary for their safe and effective use.
3-2611.01 Maximum acceptable levels of aflatoxin; ammoniation of cottonseed and cottonseed products to reduce aflatoxin content
A. Commercial feed and whole cottonseed that contain three hundred parts per
billion of aflatoxin or less are not considered to be adulterated for purposes of feeding
animals other than animals whose milk is intended for human consumption.
B. Commercial feed and whole cottonseed that contain twenty parts per billion of
aflatoxin or less are not considered to be adulterated for purposes of feeding animals
whose milk is intended for human consumption.
C. Whole cottonseed and cottonseed products containing aflatoxin may be ammoniated
under processes approved by the director to reduce the aflatoxin content to maximum
acceptable levels as determined by the director. Whole cottonseed and cottonseed products
that are intended for ammoniation, that are being ammoniated or that are actually
ammoniated to acceptable levels according to the results of an analysis filed with the
director are not considered to be adulterated under state law. The ammoniated cottonseed
and cottonseed products may be used as animal feeds, including feed for animals whose
milk is intended for human consumption.
D. Ammoniation may take place at the same location where the cottonseed or
cottonseed product is to be fed.
E. After the ammoniation process is completed and before any sale, transfer,
distribution, mixing, processing or feeding of the ammoniated cottonseed or cottonseed
product, an analysis shall be performed on a sample, drawn according to sampling methods
approved by the director, by a laboratory certified by the state agricultural laboratory
to determine whether the ammoniation has reduced the aflatoxin content to acceptable
levels. If the written results of the analysis indicate that the aflatoxin content has
been reduced to acceptable levels for those animals to which it is intended to be fed and
the labeling so indicates, the ammoniated cottonseed or cottonseed product may then be
used as animal feed. The laboratory performing the analysis and the person ordering the
analysis shall retain the written results of the analysis for at least three years. The
person ordering the analysis shall:
1. File a copy of the analysis with the director.
2. Provide a copy of the analysis to any purchaser or transferee, if the ammoniated
whole cottonseed or the ammoniated cottonseed product is sold, transferred or distributed
after the analysis.
F. The director shall adopt rules permitting ammoniation and to otherwise carry out
the purposes of this section.
3-2611 Adulteration
A. A person shall not distribute adulterated commercial feed.
B. A commercial feed is deemed to be adulterated if any of the following exists:
1. 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 section if the quantity of such
substance in such commercial feed does not ordinarily render it injurious to health.
2. 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 feed additive.
3. It is, bears or contains any food additive which is unsafe within the meaning of
section 409 of the federal food, drug and cosmetic act.
4. It is a raw agricultural commodity and it bears or contains a pesticide chemical
which 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 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. It bears or contains any color additive which is unsafe within the meaning of
section 706 of the federal food, drug and cosmetic act.
6. Any valuable constituent has been in whole or in part omitted or abstracted or
any less valuable substance substituted.
7. Its composition or quality falls below or differs from that which it is
purported or is represented to possess by its labeling.
8. 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 rules adopted by the director to assure that the drug meets the requirement of
this article as to safety and has the identity and strength and meets the quality and
purity characteristics which it purports or is represented to possess. In adopting such
rules the director 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 director determines that they are not
appropriate to the conditions which exist in this state.
9. It contains viable weed seeds in amounts exceeding the limits established by the
director.
3-2612 Adulteration; penalties payable to customer; hearing; definitions
A. With respect to the level of aflatoxin present, if the examination of labeling
or the analysis of an official sample of any whole cottonseed, commercial feed or
customer-formula feed shows mislabeling pursuant to section 3-2610 as determined by the
director or adulteration pursuant to section 3-2611 as determined by the director, the
following provisions shall apply:
1. The customer is entitled to a refund from the seller of the purchase price of
the lot upon return of any delivered and unused portion of that lot. The customer may
cancel the order for undelivered whole cottonseed, commercial feed or customer-formula
feed without penalty or damages.
2. A penalty in an amount equal to twice the selling price of the whole
cottonseed, commercial feed or customer-formula feed shall be assessed, whether or not
payment for that lot has actually been made.
B. All penalties assessed under this section shall be paid by the seller to the
customer of the whole cottonseed, commercial feed or customer-formula feed within
thirty days of the date of notice from the director to the seller by certified return
receipt mail. The seller or the seller's representative shall obtain a receipt from the
customer and promptly forward a copy to the director. If the customer cannot be found,
the amount of the penalty shall be paid to the department for deposit, pursuant to
sections 35-146 and 35-147, in the state general fund.
C. The director shall designate as an official sample a sample taken by a
customer or the customer's representative if the director is satisfied that the sample
has been taken in accordance with the method of sampling established pursuant to
section 3-2605, subsection B.
D. Any person who is adversely affected by a decision of the director under this
section may request a hearing pursuant to title 41, chapter 6, article 10.
E. For purposes of this section:
1. "Analysis" means analysis performed in accordance with the methods of testing
established pursuant to section 3-2605, subsection B.
2. "Customer" means the ultimate purchaser, whether or not payment has actually
been made if some or all of the whole cottonseed, commercial feed or customer-formula
feed has been delivered to the purchaser or the purchaser's representative.
3-2613 Misbranding
No person shall distribute misbranded feed. A commercial feed or customer-formula
feed shall be deemed misbranded:
1. If its labeling is false or misleading in any particular.
2. If it is distributed under the name of another feed.
3. If it is not labeled as required in section 3-2610 and in rules prescribed under
this article.
4. If it purports to be or is represented as a feed ingredient, or if it purports
to contain or is represented as containing a feed ingredient, unless such feed ingredient
conforms to the definition of its identity, if any, prescribed by rule of the
director. The director in adopting such rules shall give due regard to commonly accepted
definitions such as those issued by the association of American feed control officials.
5. If any word, statement or other information required, by or under authority of
this article, to appear on the label or labeling is not prominently placed thereon with
such conspicuousness as compared with other words, statements, designs or devices in the
labeling, and in such terms as to cause it likely to be read and understood by the
ordinary individual under customary conditions of purchase and use.
3-2614 Cease and desist orders
If the director or an authorized agent has reasonable cause to believe a commercial
feed or customer-formula feed is being distributed in violation of any of the provisions
of this article or any of the rules adopted under this article, the director may issue
and enforce a written or printed cease and desist order warning the distributor not to
dispose of the feed in any manner until permission is given by the director or a court of
competent jurisdiction. The director shall release the commercial feed or
customer-formula feed subject to the order when the provisions and rules have been
complied with and all costs and expenses incurred in the order have been paid. If
compliance is not obtained within thirty days, the director may begin proceedings for
condemnation.
3-2615 Seizure, condemnation and sale of noncomplying feed
Any lot of commercial feed or customer-formula feed not in compliance with the
provisions of this article shall be subject to seizure upon complaint of the director to
a court of competent jurisdiction in the area in which the feed is located. If the court
finds the commercial feed or customer-formula feed is in violation of this article and
orders the condemnation of the feed, it shall be disposed of in any manner consistent
with the quality of the feed and the laws of the state, but the court shall not order the
disposition of the feed without first giving the claimant an opportunity to apply to the
court for release of the feed or for permission to process or relabel the feed to comply
with the requirements of this article.
3-2616 Violations; notice; criminal classification; injunctive relief; exceptions
A. If it appears from the examination of any whole cottonseed, commercial feed or
customer-formula feed that any of the provisions of this article or the rules adopted
under this article have been violated, the director shall pursue one or more of the
following courses of enforcement:
1. The director may cause notice of the violation to be given to the licensee or
person responsible for placing the feed on sale. Any person so notified shall be given
opportunity to be heard under such rules as are prescribed by the director. If the
director finds after such hearing, either in the presence or absence of the person so
notified, that any of the provisions of this article or rules adopted under this article
have been violated, the director may certify the facts to the county attorney.
2. The director may request the county attorney to initiate criminal
prosecution. Each county attorney to whom any such violation is reported shall cause
appropriate proceedings to be instituted and prosecuted in a court of competent
jurisdiction without delay.
3. Any person convicted of violating any of the provisions of this article or the
rules adopted under this article, or who impedes, obstructs, hinders or otherwise
prevents or attempts to prevent the director or the director's duly authorized agent in
the performance of the director's duty under the provisions of this article, is guilty of
a class 2 misdemeanor.
4. In all prosecutions under this article involving the composition of a lot of
commercial feed or customer-formula feed, a certified copy of the official analysis
signed by the director or the director's agent shall be accepted as prima facie evidence
of the composition of the feed.
5. Nothing in this article shall be construed as requiring the director or the
director's representative to report for prosecution or for the institution of seizure
proceedings minor violations of this article if the director believes that the public
interest will be best served by a suitable notice of warning in writing.
6. The director may apply for and the court may grant a temporary or permanent
injunction restraining any person from violating or continuing to violate any of the
provisions of this article or any rule adopted under this article notwithstanding the
existence of other remedies at law.
B. Any monies collected pursuant to this section shall be deposited, pursuant to
sections 35-146 and 35-147, in the state general fund.
C. The provisions of this article shall not apply to:
1. Bulk commercial or customer formula feeds which are not adulterated pursuant to
section 3-2611 and supplied for consumption on the premises owned or controlled by a
commercial feedlot or commercial livestock operation.
2. Hay, straw, shover, silage, cobs, husks, hulls, chemical compounds or substances
and whole seeds unmixed or physically altered entire unmixed seeds which are not
adulterated pursuant to section 3-2611.
3-2641 Marking and labeling egg mash containers; violation; classification
A. It is unlawful to sell, offer or expose for sale, chicken or hen food, commonly
known as egg mash, unless each original container has attached thereto a plainly marked
tag, not less than two and one-half by five inches in size, on which is distinctly
printed the analysis, guaranteed by the manufacturer, of the ingredients thereof.
B. A person violating this section is guilty of a class 3 misdemeanor.
3-2661 Definitions
In this article, unless the context otherwise requires:
1. "Associate director" means the associate director of the animal services
division of the ARIZONA department of agriculture.
2. "Garbage" means waste consisting in whole or in part of animal waste resulting
from handling, preparing, cooking and consuming of foods, including the offal from animal
or poultry carcasses or parts thereof.
3. "Person" means the state, any municipality, political subdivision, institution,
public or private corporation, individual partnership or other entity.
3-2662 Administration and enforcement
The director shall adopt rules deemed necessary to carry out the purposes of this
article, and the director or his authorized representative shall enforce the rules.
3-2663 Revocation or refusal of permit
Upon determination that any person having a permit under this article, or who has
applied for a permit hereunder has violated or failed to comply with any of the
provisions of this article, or any of the rules adopted under this article, the associate
director may revoke such permit or refuse to issue a permit to such applicant.
3-2664 Permit to feed garbage to swine; exception
A. No person shall feed garbage to swine without first obtaining a permit from the
associate director. All permits shall be renewed during January of each year.
B. This article shall not apply to any person who feeds only his own household
garbage to swine which are raised for his own use.
3-2665 Application for permit; fee
Any person desiring to obtain a permit to feed garbage to swine shall make written
application to the associate director in accordance with the requirements prescribed by
the director. At the time of filing the application the applicant shall pay to the
department a permit fee in the sum of five dollars. All money derived from fees shall be
deposited, pursuant to sections 35-146 and 35-147, in the state general fund. 3-2666 Permit for removal of swine from premises
Before removal of any swine from the premises where swine are fed on garbage, a
permit shall be obtained from the state veterinarian or his authorized representative for
the removal of the swine. A permit for the removal of dead swine which are to be
processed by rendering shall not be required.
3-2667 Cooking or other treatment of garbage
All garbage, regardless of previous processing, shall before being fed to swine be
thoroughly heated to at least two hundred twelve degrees Fahrenheit or the boiling point
for at least thirty minutes, unless treated in some other manner which shall be approved
in writing as being equally effective for the protection of public health and the
prevention of the spread of disease among livestock.
3-2668 Inspection and investigation of garbage treatment; records
A. An authorized representative of the director may enter at any time upon any
private or public property for the purpose of inspecting and investigating conditions
relating to the treating of garbage to be fed to swine as required by this article.
B. Any authorized representative of the director may examine any records or
memoranda pertaining to the feeding of garbage to swine and may require maintenance of
records relating to the operation of equipment for and procedure of treating garbage to
be fed to swine. Copies of such records shall be submitted to the department on request.
3-2669 Violation; classification
A person who violates any provision of this article, fails to perform any duty
imposed by it or violates any rule or regulation promulgated thereunder is guilty of a
class 2 misdemeanor. In addition, such person may be enjoined from continuing such
violation. Each day the violation occurs shall constitute a separate violation.
3-2691 Definitions
In this article, unless the context otherwise requires:
1. "Fresh meat" means meat of a horse, mule, ass, burro, cow, sheep or goat, and
includes any product containing any such meat.
2. "Slaughterhouse" or "establishment" means a house or place in which horses,
asses, mules, burros, cows, sheep or goats are slaughtered, packed or processed.
3-2692 Decharacterization of fresh meat to be used as animal food
Fresh meat intended for use as food for animals and not inspected for human
consumption shall be decharacterized by the addition of charcoal at the ratio of one
pound of charcoal to each one hundred pounds of fresh meat, the charcoal being uniformly
mixed throughout the fresh meat.
3-2693 Inspection of establishments selling meat for animal food
The associate director may inspect any establishment from which there is being sold
or offered for sale any meat or meat food product intended for use as food for animals,
and if found not decharacterized as provided in section 3-2692, the meat or meat food
product may be condemned and disposed of under the supervision of an inspector.
3-2694 Violation; classification
A. A person selling or offering for sale fresh meat intended for use as food for
animals without complying with the provisions of this article is guilty of a class 2
misdemeanor.
B. A person or operator of a slaughterhouse or establishment who violates any
provision of this article is guilty of a class 2 misdemeanor.
3-2695 Collecting dead stock by tallow and rendering companies
A. Any person, tallow company or rendering plant removing dead stock to its place
of business shall make a report on a form provided by the department and pursuant to
rules the director may prescribe to prevent the use of these animals or the products of
these animals for human food purposes. On this report the driver or person in charge of
the truck working out of the plant, or the person receiving the call to collect the dead
stock, shall show the following information and any other information as the director may
prescribe by rule:
1. Date of removal.
2. Name, address and telephone number, if any, of the person requesting removal of
dead stock, and of the owner of the stock, if known.
3. Location and description of dead stock.
4. Name of the company receiving the dead stock.
5. Name of the person making the report.
6. Date of the report.
B. The original of the report shall be submitted to the department.
C. No meat or meat food product processed or packed by any rendering plant or
tallow company shall be traded or sold for human or animal consumption except meat from
dead livestock processed for use as animal food under rules prescribed by the director
and sterilized meat scrap or tankage that may be used as animal feed supplement in
compliance with federal regulations.
D. Notwithstanding title 36, chapter 8, article 1, prohibiting the use of meat from
an animal that has died other than by slaughter for animal food, any such meat may be
used for animal food if processed as provided in subsection C.
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