TITLE 4
Animals and Animal Husbandry
CHAPTER 4-2
Commercial Feeds
SECTION 4-2-9
§ 4-2-9 Rules and regulations.
(a) The director is authorized to make appropriate regulations requiring the
maintenance of records, as may be deemed necessary, setting forth the number of
net tons of commercial feed distributed in the state. The director has the
right to examine any records to verify statements of tonnage.
(b) The director is authorized to promulgate any rules and
regulations for commercial feeds and pet foods that are specifically authorized
in this chapter and any other reasonable rules and regulations necessary for
the efficient enforcement of this chapter. In the interest of uniformity the
director shall by regulation adopt, unless he or she determines that they are
inconsistent with the provisions of this chapter or are not appropriate to
conditions which exist in this state, the following:
(1) The official definitions of feed ingredients and official
feed terms adopted by the association of American feed control officials and
published in the official publication of that organization; and
(2) Any regulations promulgated pursuant to the authority of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.);
provided, that the director would have the authority under this chapter to
promulgate those regulations.
(c) Before the issuance, amendment, or repeal of any rule or
regulation authorized by this chapter, the director shall publish the proposed
regulation, amendment, or notice to repeal an existing regulation in a manner
reasonably calculated to give interested parties, including all current
registrants, adequate notice and shall afford all interested persons an
opportunity to present their views, orally or in writing, within a reasonable
period of time. After consideration of all views presented by interested
persons, the director shall take appropriate action to issue the proposed rule
or regulation or to amend or to repeal an existing rule or regulation. The
provisions of this subsection notwithstanding, if the director, pursuant to the
authority of this chapter, adopts the official definition of feed ingredients
or official feed terms as adopted by the association of American feed control
officials, or regulations promulgated pursuant to the authority of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.), any amendment or
modification adopted by the association of American feed control officials or
by the secretary of human services in the case of regulations promulgated
pursuant to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et
seq.), shall be adopted automatically under this chapter without regard to the
publication of the notice required by this subsection unless the director, by
order, specifically determines that the amendment or modification shall not be
adopted.
History of Section.
(P.L. 1977, ch. 170, § 2.)
