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.