(a) The provisions of this section apply to the use of aflatoxin binding agents in customer-formula feeds as defined in the Texas Agriculture Code §141.001(7). Labeling requirements for customer-formula feed set forth in §141.053 of the Texas Commercial Feed Control Act require the name and number of pounds of the binding agent to be included on the feed label, and the aflatoxin content to meet defined action levels as established in §61.61(a)(6) of this title, poisonous or deleterious substances.
(b) In addition to these provisions, the distributors of customer-formula feed shall comply with all applicable provisions of the Texas Feed Rules, and other applicable law.
(c) The specific binding agent must include directions for use approved by the Service prior to distribution of any binding product. Any claims for aflatoxin binding made on the product labeling must be approved by the Service.
(d) Processors shall keep records for two years to ensure correct use and quantity of the binding agents used in customer-formula feed for review by the Service pursuant to the Texas Agriculture Code §141.074, records; additional reports; audits.
(e) Each facility using aflatoxin binding agents must also have in its possession and provide on reasonable request a certificate indicating that the use of aflatoxin binding agents utilized in the formulation has been approved by the Service.
(f) Each facility must provide to the Service on request a record showing the name of the buyer, the amount of product sold to each buyer during the last two years, and the aflatoxin levels of grain, oilseeds, processed grain and oilseed meals containing aflatoxin B1, B2, G1, G2, and other records designated in subsection (d) of this section.
(g) Use of aflatoxin binders in non-customer-formula feeds is prohibited. Such use would result in an adulterated product within the meaning of §141.148, Distribution of Adulterated Feed of the Texas Commercial Feed Control Act.

Source Note: The provisions of this §61.67 adopted to be effective May 19, 2011, 36 TexReg 3079