4 TAC §61.61
The Texas Feed and Fertilizer Control Service/Office of the
Texas State Chemist proposes amendments to Texas Administrative Code, Title
4, Part 3, Commercial Feed Rules, §61.61, concerning Poisonous or Deleterious
Substances in subsection (a)(6) and (7). The amendment aligns the Office of
the Texas State Chemist's policy guidelines with those published by the Food
and Drug Administration (FDA).
Dr. Tim Herrman, State Chemist and Director, Office of the Texas State
Chemist, concludes that for the first five-year period there will be no fiscal
implications for state or local government as a result of enforcing or administering
the amended rule.
Dr. Herrman has also concluded that the public benefit as a result of enforcing
this amended rule will be to align Office of the Texas State Chemist policy
with FDA action levels and guidance documents, clarify blending authority,
and provide guidance to grain handlers, processors, farmers and risk management
institutions pertaining to the disposing of the disposal of rain containing >500
parts per billion (ppb) and oilseed, processed grain, and oilseed meal containing >300
contaminated feed ingredients that exceed 500 parts per billion (ppb) aflatoxin.
There is an anticipated cost to small businesses of $15.90 per acre to dispose
of grain using chopping and disking. The Office identified that 1.3% of the
2005 crop (based on a state-wide survey) would incur this cost.
Comments to the proposal may be submitted to Dr. Herrman by mail at Office
of the Texas State Chemist, P.O. Box 3160, College Station, Texas 77841-3160;
by fax at (979) 845-1389 or by e-mail at tjh@otsc.tamu.edu.
The amendments are proposed under Texas Agriculture Code Chapter
141, §141.004 which provides Texas Feed and Fertilizer Control Service/Office
of the Texas State Chemist with the authority to promulgate rules relating
to the distribution of commercial feeds.
The Texas Agriculture Code Chapter 141 of the Texas Commercial Feed Control
Act, Subchapter A, §141.002 is affected by the proposed amendments.
§61.61.Poisonous or Deleterious Substances.
(a)
Poisonous or deleterious substances include, but are not
limited to, the following:
(1) - (5)
(No change.)
(6)
grain, oilseeds, processed grain and oilseed meals
containing
aflatoxin B1, B2, G1, G2 above 20 parts per billion (ppb)
individually or total except that with proper labeling as approved by the
Office of the Texas State Chemist as follows: ≤50 ppb
[
Service
less than 50ppb
] may be distributed when destined for wildlife;
≤100 ppb
[
less than 100ppb
] may be distributed when destined
for breeding cattle and breeding goats not used in production of milk for
human consumption, breeding swine, mature poultry, and sheep;
≤200
ppb
[
less than 200ppb
] may be distributed when destined for
finishing swine (more than 100 lbs. body weight);
≤300 ppb
[
less than 300ppb
] may be distributed when destined for
finishing
feed lot
[
feedlot
] cattle
in confinement; grain containing >300
to ≤500 ppb requires a blending permit issued by the Office of the Texas
State Chemist; aflatoxin >500 ppb in grain and >300 ppb in oilseed,
processed grain, and oilseed meal may not enter commerce and a record of disposition
shall a disposal plan must be submitted to the Office of the Texas State Chemist;
(7)
grain, oilseeds, processed grain, and oilseed meal
containing
fumonisin above 5 parts per million (ppm) except that with
proper labeling as approved by the
Office of the Texas State Chemist
and targeted for animal species as follows: ≤20 ppm for swine and catfish
not to exceed 50% of diet; ≤30 ppm for breeding ruminants, breeding poultry
and breeding mink not to exceed 50% of diet; ≤60 ppm for ruminants >3
months old being raised for slaughter, and mink being raised for pelt production
not to exceed 50% of diet; ≤100 ppm for poultry being raised for slaughter
not to exceed 50% of diet; all other species or classes of livestock and pet
animals ≤10 ppm not to exceed 50% of diet except equids and rabbits which
should not exceed 5 ppm and 20% of diet; >100 ppm requires a blending permit
issued by the Office of the Texas State Chemist
[
Service less than
15ppm may be distributed when destined for finishing swine (more than 100
lbs. body weight); less than 50ppm may be distributed when destined for feedlot
cattle
].
(b) - (d)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 20, 2006.
TRD-200603374
Dr. Tim Herrman
State Chemist and Director
Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist
Earliest possible date of adoption: August 6, 2006
For further information, please call: (979) 845-1121