Reference Title: aflatoxin; food and feed adulteration

AN ACT
AMENDING SECTIONS 3-145, 3-2611 AND 36-904, ARIZONA REVISED STATUTES; AMENDING TITLE 3, CHAPTER 15, ARTICLE 1, ARIZONA REVISED STATUTES, BY ADDING SECTION 3-2611.01; REPEALING SECTION 36-904.01, ARIZONA REVISED STATUTES; RELATING TO AGRICULTURE.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 3-145, Arizona Revised Statutes, is amended to read:

3-145 . Mandatory and voluntary certification; sampling procedures; application; expiration; renewal

A. A person who establishes, conducts or maintains a laboratory that provides agricultural laboratory services to agencies or departments of this state or its political subdivisions shall apply for a certificate from the state agricultural laboratory as proof that the laboratory so certified is in compliance with rules adopted by the director for the certification of such laboratories. Any other person providing agricultural laboratory services may apply for such a certificate.

B. A person providing guaranteed laboratory analysis information to distributors of commercial feed and whole seeds for consumption by livestock shall be certified under this section.

C. An individual who collects samples for the state agricultural laboratory or for any certified agricultural laboratory shall follow the sampling procedures established by the state agricultural laboratory.

D. A certified laboratory shall report test results only to the party who provided the original sample and, on request, to the state agricultural laboratory or as required by section 36-904.01 3-2611.01 .

E. A person who desires a certificate pursuant to this section shall file with the state agricultural laboratory an application for a certificate accompanied by the application fee.

F. The application shall be on a form prescribed by the assistant director and furnished by the state agricultural laboratory and shall contain:

1. The name and location of the laboratory.

2. The name of the person owning the laboratory and the name of the person supervising the laboratory.

3. A description of the programs, services and functions provided by the laboratory.

4. Such other information as the assistant director deems necessary to carry out the purposes of this section.

G. The assistant director shall issue a certificate to an applicant if the assistant director is satisfied that the applicant has complied with the rules prescribing standards for certified laboratories.

H. A certificate expires one year after the date of issuance and shall be renewed upon payment of the renewal application fee as prescribed in section 3-146 and continued compliance with this article and the applicable rules.

Sec. 2. Section 3-2611, Arizona Revised Statutes, is amended to read:

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.

C. Commercial feed and whole cottonseed which contain three hundred parts per billion of aflatoxin or less shall not be deemed adulterated for purposes of feeding animals other than animals whose milk is intended for human consumption.

D. Commercial feed and whole cottonseed which contain twenty parts per billion of aflatoxin or less shall not be deemed adulterated for purposes of feeding animals whose milk is intended for human consumption.

E. Notwithstanding this section, whole cottonseed or cottonseed products deemed unadulterated pursuant to section 36-904.01, subsection B are not deemed adulterated for purposes of this section.

Sec. 3. Title 3, chapter 15, article 1, Arizona Revised Statutes, is amended by adding section 3-2611.01, to read:

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.

Sec. 4. Section 36-904, Arizona Revised Statutes, is amended to read:

36-904 . Food adulteration

A. A food is adulterated if one or more of the following conditions exists EXIST :

1. It bears or contains any poisonous or deleterious substance which may render it injurious to health, but if the substance is not an added substance such food shall not be considered adulterated under this paragraph if the quantity of such substance in such food does not ordinarily render it injurious to health.

2. It is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section 36-905, subsection A.

3. It is, or it bears or contains, any food additive which is unsafe within the meaning of section 36-905, 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 36-905 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 food shall, notwithstanding the provisions of section 36-905, 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 food when ready-to-eat is not greater than the tolerance prescribed for the raw agricultural commodity.

4. It consists in whole or in part of a diseased, contaminated, filthy, putrid or decomposed substance, or it is otherwise unfit for food.

5. It has been produced, prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome or injurious to health.

6. It is the product of a diseased animal or an animal, other than wildlife, which has died other than by slaughter, or which has been fed uncooked garbage, except bakery and creamery products, commercial vegetables and all fruits, or offal from a slaughterhouse, with the exception of paunch wastes.

7. Its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.

8. Any required constituent has been omitted or abstracted in whole or in part.

9. Any substance has been substituted in whole or in part for a substance normally found in the food or required to be present in the food by rules adopted under section 36-903.

10. Damage or inferiority has been concealed in any manner.

11. Any substance has been added to the food or mixed or packed with the food so as to increase its bulk or weight or reduce its quality or strength or make it appear better or of greater value than it is.

12. It is confectionery and it bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one per cent, harmless natural wax not in excess of four-tenths of one per cent, harmless natural gum, and pectin. This paragraph shall not apply to any confectionery by reason of its containing less than five per cent by weight of alcohol or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances.

13. It is or bears or contains any color additive which is unsafe within the meaning of section 36-905, subsection A.

B. Commercial feed and whole cottonseed which contain three hundred parts per billion THE LEVELS of aflatoxin or less PRESCRIBED BY SECTION 3-2611.01 shall not be deemed adulterated for purposes of feeding animals other than animals whose milk is intended for human consumption .

C. Commercial feed and whole cottonseed which contain twenty parts per billion of aflatoxin or less shall not be deemed adulterated for purposes of feeding animals whose milk is intended for human consumption.

D. C. Notwithstanding this section, whole cottonseed or cottonseed products deemed unadulterated pursuant to section 36-904.01, subsection B 3-2611.01 and food additives and resulting substances used in accordance with a sanction or approval granted pursuant to laws or regulations administered by the federal food and drug administration are not deemed adulterated for purposes of this section.

Sec. 5. Repeal

Section 36-904.01 , Arizona Revised Statutes, is repealed.

APPROVED BY THE GOVERNOR APRIL 1, 199.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 2, 1999.