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TITLE 4AGRICULTURE
PART 3TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST
CHAPTER 61COMMERCIAL FEED RULES
SUBCHAPTER AGENERAL PROVISIONS
RULE §61.1Definitions

Except where otherwise provided, the terms and definitions adopted by the Association of American Feed Control Officials in the last published edition of the annual Official Publication are hereby adopted by reference as the terms and definitions to control in this title. The publication is available from the Association of American Feed Control Officials. In addition, the following words and terms, when used in this title, shall have the following meanings, unless the context clearly indicates otherwise:

  (1) Act--Texas Commercial Feed Control Act, Texas Agriculture Code, Chapter 141, 1981, as amended.

  (2) Additive--An ingredient or combination of ingredients added to the basic feed mix or parts thereof to fulfill a specific need which becomes a component of or affects the characteristics of a feed or food if such substance is not generally recognized as safe under the conditions of its intended use.

  (3) Ammoniated Corn--The product obtained by treating whole corn containing no more than 500 parts per billion (ppb) aflatoxin with anhydrous ammonia under specified conditions of temperature and pressure approved by the Service. Ammoniated corn is not to be considered a single ingredient product.

  (4) Ammoniated Cottonseed--The product obtained by treating whole cottonseed containing no more than 500 parts per billion (ppb) aflatoxin under specified conditions of temperature and pressure approved by the Service. Ammoniated cottonseed is not to be considered a single ingredient product.

  (5) Ammoniated Cottonseed Meal--The product obtained when cottonseed meal is treated with anhydrous ammonia until a pressure of 50 pounds per square inch gauge is reached. It is to be used in the feed of ruminants in an amount not to exceed 20% of the total ration. Ammoniated cottonseed meal is not to be considered a single ingredient product.

  (6) Annual Products--Commercial feed product packaged in individual containers of five pounds or less only.

  (7) Bagged--Enclosure of feed in any container.

  (8) Chemical Adulterant--Any compound-natural or synthetic-possessing little or no intrinsic nutritional value, avoidably present at levels inconsistent with its generally accepted use in a feed or unavoidably present at levels in a feed above those authorized by the Service.

  (9) Container--A bag, box, carton, bottle, object, barrel, package, apparatus, device, appliance, or other item of any capacity into which a feed is packed, poured, stored, or placed for handling, transporting, or distributing.

  (10) Cottonseed, Feed Grade--Sound, mature, unhulled seed of the genus Gossypium left after ginning. Fee fatty acids shall not exceed 12.5%, moisture shall not exceed 20%, and foreign matter shall not exceed 10%.

  (11) Feed Product Produced and Sold by a Farmer--Homogeneous, unprocessed and whole grain, whole seed, and unground hay and any hulls not containing toxins or chemical adulterants for which rules or action levels exist are exempt from licensing, labeling and inspection fees. Exempt feed products offered for sale by a farmer must be grown on land solely under the framer's control, and be handled and transported under the farmer's control. Green forage crops thus produced, including ensilage produced from an exempt crop, are also exempt.

  (12) Natural--Describes a feed or feed ingredient produced solely by or derived solely from plants, animals, or minerals, whether unprocessed or processed according to generally accepted industry standards, which has not been exposed to ionizing radiation and does not contain any man-made materials except in such amounts as might occur unavoidably in good processing practices. The term is understood to include as "natural" flavors and flavorings so designated under 21 CFR 501.22(a)(3).

  (13) Organic--When applied to a product, to a compound, to a mixture of compounds or to a specific constituent used as an ingredient means that the claim of the product, compound, mixture of compounds, or constituent to be organic has been allowed or allowed with restriction by the United States Department of Agriculture's National Organic Program or the Texas Department of Agriculture's Organic Certification Program. (Materials described as organic must still conform to the Texas Commercial Feed Control Act if they are used in feeds.)

  (14) Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character.

  (15) Pet Food--Any commercial feed prepared and distributed for consumption by a dog or cat or an animal normally maintained in a cage or tank in or near the household(s) of the owner such as, but not limited to, gerbils, hamsters, birds, fish, snakes, and turtles.

  (16) Salvage--When applied to an ingredient or combination of ingredients, refers only to those products that have been damaged by natural causes, such as fire, water, hail, or windstorm, or by conveyance mishap. Does not apply to recovered production line products which are suitable for reprocessing.

  (17) Service--Texas Feed and Fertilizer Control Service.

  (18) Toxin--Any compound causing adverse biological effects including, but not limited to, poisons, carcinogens or mutagens, produced by an organism avoidably present at any level or unavoidably present at levels in a feed above those authorized by the Service.

  (19) Weed Seeds--Those seeds declared prohibited or restricted noxious weed seeds by the Texas Agriculture Code, §61.008 (concerning Noxious Weed Seeds).

  (20) Wildlife--Any feral animal, any animal not normally considered as domesticated in Texas or any animal living in a state of nature.


Source Note: The provisions of this §61.1 adopted to be effective October 7, 1983, 8 TexReg 3806; amended to be effective February 13, 1991, 16 TexReg 543; amended to be effective May 26, 1992, 17 TexReg 3471; amended to be effective January 1, 1996, 20 TexReg 10257; amended to be effective September 23, 1997, 22 TexReg 9470; amended to be effective September 30, 1999, 24 TexReg 8152; amended to be effective September 17, 2000, 25 TexReg 9209; amended to be effective January 1, 2004, 28 TexReg 10927; amended to be effective January 1, 2019, 43 TexReg 8086

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