Section 4-45-26 - Tolerances(a) The following provisions of the Code of Federal Regulations, as they apply to feed, are adopted for use by the department in enforcing Chapter 144, Hawaii Revised Statutes, and this chapter: (1)40 CFR, Part 180, entitled "Tolerances and Exemptions from Tolerances for Pesticide Chemicals In or On Raw Agricultural Commodities", revised as of July 1, 1991; and(2) 21 CFR, Chapter I, entitled "Food and Drug Administration, Department of Health and Human Services (Parts 1-1299)", revised as of April 1, 1991.(b) The following compliance policy guides issued by the Federal Food and Drug Administration, as they apply to feed, are adopted for use by the department in enforcing Chapter 144, Hawaii Revised Statutes, and this chapter: (1) CPG 7126.01, dated 06/01/86, relating to tracers in animal feed;(2) CPG 7126.05, dated 11/01/81, relating to diversion (after heat treatment) of rodent, roach, or bird contaminated food for animal use;(3) CPG 7126.06, dated 10/01/80, relating to state analysis of animal feed for protein, fat, and fiber content;(4) CPG 7126.07, dated 10/01/80, relating to salmonella contamination of animal feed and animal feed ingredients;(5) CPG 7126.10, dated 10/01/80, relating to moisture damaged grain;(6) CPG 7126.11, dated 06/01/80, relating to the status of vitamins and minerals in type B and type C medicated feed and in non-medicated feed:(7) CPG 7126.12, dated 06/01/86, relating to use of type A medicated article brand names in medicated feed labels;(8) CPG 7125.13, dated 10/01/80, relating to animal by-products for feeds - salmonella contamination:(9) CPG 7126.15, dated 03/01/82, relating to crotalaria seeds in grains and feeds:(10) CPG 7126.19, dated 07/01/86, relating to CGMP regulation for medicated feeds --daily inventory requirements;(11) CPG 7126.20, dated 11/01/81, relating to diversion of adulterated human or animal food to acceptable animal feed use:(12) CPG 7126.21, dated 10/01/80, relating to silage ingredients:(13) CPO 7126.24, dated 10/01/80, relating to rendered animal feed ingredients:(14) CPG 7126.25, dated 10/01/80, relating to animal cottonseed meal - interpretation of 21 CFR 573.140;(15) CPG 7126.26, dated 10/01/80, relating to checklist labeling for custom mixed medicated seeds:(16) CPG 7126.28, dated 10/01/80, relating to use of drug-contaminated products in animal feed:(17) CPG 7126.29, dated 10/01/80, relating to unsafe contamination of animal feed from drug carryover:(18) CPG 7126.30, dated 10/01/80, relating to diethylstilbestrol residues in edible animal tissue:(19) CPG 7126.31, dated 10/01/82, relating to the use of antibiotic drug residue by-products in animal feed:(20) CPG 7126.35, dated 06/01/86, relating to sequencing as a means to prevent unsafe drug contamination in the production, storage and distribution of feeds;(21) CPG 7126.37, dated 06/01/86, relating to medicated feed CGMP's (part 225) and type A medicated article CGMPs (part: 226) combining discrete batches into a commingled lot;(22) CPG 7126.39, dated 11/01/83, relating to ammonium chloride used in ruminant feeds:(23) CPG 7126.41, dated 05/02/88, relating to direct-fed microbial products; and(24) CPG 7141.01, dated 12/01/89, relating to pesticide residues in food and feed enforcement criteria.(c) Where there is a conflict between the provisions adopted in subsections (a) and (b) and chapter 144, Hawaii Revised Statutes, or other provisions of this chapter, the provisions of chapter 144, Hawaii Revised Statutes, or other provisions of this chapter shall prevail.(d) The tolerance for aflatoxin in feed shall be twenty parts per billion, except that the tolerance for aflatoxin in cottonseed meal intended for non-dairy animals shall be one hundred parts per billion. The department may allow higher tolerances for aflatoxin in feed intended tor non-lactating animals on a case-by-case basis upon written agreement that the Federal Food and Drug Administration will monitor the tolerance and use of the feed.[Eff and comp 1/16/84; am and comp 3/24/86; am MAY 26 1992] (Auth: HRS § 144-10) (Imp: HRS §§ 144-6 and 144-8)