N.D. Cent. Code § 4.1-41-11

4.1-41-11. Adulteration

1. A person may not distribute any commercial feed that is adulterated. Commercial feed

is adulterated if it:

a. Contains any poisonous or harmful substance that may render the feed injurious

to health. However, if the substance naturally occurs in the feed and is not an

added substance, the commercial feed may be considered adulterated under this

subdivision only if the substance is present in sufficient quantity to render it

injurious to health.

b. Contains any added substance that is poisonous, harmful, or nonnutritive, and

unsafe within the meaning of section 406 of the Federal Food, Drug, and

Cosmetic Act, as amended [21 U.S.C. 346]. This subdivision does not apply to

any pesticide in or on a raw agricultural commodity or to a food additive.

c. Contains any food additive that is unsafe within the meaning of section 409 of the

Federal Food, Drug, and Cosmetic Act, as amended [21 U.S.C. 348].

d. Is a raw agricultural commodity and it contains a pesticide that is unsafe within

the meaning of section 408a of the Federal Food, Drug, and Cosmetic Act, as

amended [21 U.S.C. 346a].

(1) However, if a pesticide 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, as amended

[21 U.S.C. 346a] and if the raw agricultural commodity has been subjected

to a process such as canning, cooking, dehydration, freezing, or milling, any

pesticide residue remaining in or on the processed feed may be deemed

safe, provided:

(a) The residue in or on the raw agricultural commodity has been

removed to the extent possible in good manufacturing practice; and

(b) The concentration of the residue in the processed feed is not greater

than the tolerance prescribed for the raw agricultural commodity.

(2) The exception set forth in paragraph 1 does not apply if the consumption of

the processed feed may result in the edible product of the animal evidencing

a pesticide residue that is unsafe within the meaning of section 408a of the

Federal Food, Drug, and Cosmetic Act, as amended [21 U.S.C. 346a].

e. Contains any color additive that is unsafe within the meaning of section 721 of the

Federal Food, Drug, and Cosmetic Act, as amended [21 U.S.C. 379e].

f. Contains any new animal drug that is unsafe within the meaning of section 512 of

the Federal Food, Drug, and Cosmetic Act, as amended [21 U.S.C. 360b].

2. In addition to the provisions of subsection 1, commercial feed is adulterated if:

a. Any valuable constituent has been omitted, in whole or in part, thereby providing

a lower nutritive value in the finished product;

b. The composition or quality of the feed falls below or differs from that which is

stated on its label;

c. The feed contains added hulls, screenings, straw, cobs, or other high fiber

material, unless each material is stated on the label;

d. The feed contains viable weed seeds in amounts exceeding four and one-half

viable restricted seeds per pound avoirdupois [453.59 grams];

e. The feed contains a drug and the methods used in or the facilities or controls

used for its manufacturing, processing, or packaging do not conform to current

good manufacturing practice rules adopted by the commissioner to ensure the

drug meets the identity, strength, quality, purity, and safety requirements of this

chapter;

f. The feed consists in whole or in part of any filthy, putrid, or decomposed

substance, or if the feed is otherwise unfit for its intended use;

g. The feed has been prepared, packed, or held under unsanitary conditions that

may have caused it to become contaminated with filth or rendered injurious to

health;

h. The feed consists in whole or in part of the product of a diseased animal or of an

animal that has died otherwise than by slaughter which is unsafe within the

meaning of section 402(a)(1) or (2) of the Federal Food, Drug, and Cosmetic Act,
as been prepared, packed, or held under unsanitary conditions that

may have caused it to become contaminated with filth or rendered injurious to

health;

h. The feed consists in whole or in part of the product of a diseased animal or of an

animal that has died otherwise than by slaughter which is unsafe within the

meaning of section 402(a)(1) or (2) of the Federal Food, Drug, and Cosmetic Act,

as amended [21 U.S.C. 342];

i. The feed's container is composed, in whole or in part, of any poisonous or

harmful substance that may render the contents injurious to health;

j. The feed has been packaged in bags or totes that previously contained pesticide

products, treated seeds, or other hazardous materials; or

k. The feed has been intentionally subjected to radiation, unless the use of the

radiation was in conformity with the regulation or exemption in effect pursuant to

section 409 of the Federal Food, Drug, and Cosmetic Act, as amended

[21 U.S.C. 348].