[Code of Federal Regulations]
[Title 21, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR2.25]
[Page 52]
TITLE 21--FOOD AND DRUGS
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN
SERVICES
PART 2 GENERAL ADMINISTRATIVE RULINGS AND DECISIONS--Table of Contents
Subpart B Human and Animal Foods
Sec. 2.25 Grain seed treated with poisonous substances; color identification
to prevent adulteration of human and animal food.
(a) In recent years there has developed increasing use of poisonous
treatments on seed for fungicidal and other purposes. Such treated seed,
if consumed, presents a hazard to humans and livestock. It is not
unusual for stocks of such treated food seeds to remain on hand after
the planting season has passed. Despite the cautions required by the
Federal Seed Act (53 Stat. 1275, as amended 72 Stat. 476, 7 U.S.C. 1551
et seq.) in the labeling of the treated seed, the Food and Drug
Administration has encountered many cases where such surplus stocks of
treated wheat, corn, oats, rye, barley, and sorghum seed had been mixed
with untreated seed and sent to market for food or feed use. This has
resulted in livestock injury and in legal actions under the Federal
Food, Drug, and Cosmetic Act against large quantities of food
adulterated through such admixture of poisonous treated seeds with good
food. Criminal cases were brought against some firms and individuals.
Where the treated seeds are prominently colored, buyers and users or
processors of agricultural food seed for food purposes are able to
detect the admixture of the poisonous seed and thus reject the lots; but
most such buyers, users, and processors do not have the facilities or
scientific equipment to determine the presence of the poisonous chemical
at the time crops are delivered, in cases where the treated seeds have
not been so colored. A suitable color for this use is one that is in
sufficient contrast to the natural color of the food seed as to make
admixture of treated, denatured seeds with good food easily apparent,
and is so applied that it is not readily removed.
(b) On and after December 31, 1964, the Food and Drug Administration
will regard as adulterated any interstate shipment of the food seeds
wheat, corn, oats, rye, barley, and sorghum bearing a poisonous
treatment in excess of a recognized tolerance or treatment for which no
tolerance or exemption from tolerance is recognized in regulations
promulgated pursuant to section 408 of the Federal Food, Drug, and
Cosmetic Act, unless such seeds have been adequately denatured by a
suitable color to prevent their subsequent inadvertent use as food for
man or feed for animals.
(c) Attention is called to the labeling requirements of the Federal
Hazardous Substances Act, where applicable to denatured seeds in
packages suitable for household use.
Back to Top
© 2007 Betterchem Corp.
|