(a)The State Plant Board is authorized to promulgate such reasonable rules as may be necessary for the efficient enforcement of this chapter. In the interest of uniformity the board shall by rule adopt, unless the board 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 Association of American Feed Control Officials Official Publication; and (2) Any rule promulgated under the authority of the Federal Food, Drug, and Cosmetic Act, provided, that the board would have the authority under this chapter to promulgate such rule.
Free access — add to your briefcase to read the full text and ask questions with AI
(a) The State Plant Board is authorized to promulgate such reasonable rules as may be necessary for the efficient enforcement of this chapter. In the interest of uniformity the board shall by rule adopt, unless the board 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 Association of American Feed Control Officials Official Publication; and (2) Any rule promulgated under the authority of the Federal Food, Drug, and Cosmetic Act, provided, that the board would have the authority under this chapter to promulgate such rule. (b) (1) (A) Before the issuance, amendment, or repeal of any rule authorized by this chapter, the board shall publish the proposed rule, amendment, or notice to repeal an existing rule 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 thereon, orally or in writing, within a reasonable period of time. (B) After consideration of all views presented by interested persons, the board shall take appropriate action to issue the proposed rule or to amend or repeal an existing rule. (2) The provisions of this subsection notwithstanding, if the board, under the authority of this subsection, adopts the Official Definitions of Feed Ingredients and Official Feed Terms as adopted by the Association of American Feed Control Officials, or regulations promulgated under the authority of the Federal Food, Drug, and Cosmetic Act, any amendment or modification adopted by the association or by the United States Secretary of Health and Human Services in the case of regulations promulgated under the Federal Food, Drug, and Cosmetic Act, shall be adopted automatically under this chapter without regard to the publication of the notice required by this subsection (b), unless the board by order specifically determines that said amendment of modification shall not be adopted.