§ 435:26 — Publication of Notice

Before the adoption of any rule authorized by this subdivision, the commissioner shall publish the proposed 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. After consideration of all views presented by interested persons, the commissioner shall take appropriate action to adopt the proposed rule. The provisions of this section notwithstanding, if the commissioner, pursuant to the authority of this subdivision, adopts the official definitions 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, any amendment or modification adopted by said association or by the Secretary of Health and Human Services in the case of regulations promulgated pursuant to the Federal Food, Drug and Cosmetic Act, shall be adopted automatically under this subdivision without regard to the publication of the notice required by this section unless the commissioner by order specifically determines that said amendment or modification shall not be adopted.

Legislative History

1985, 72:1, eff. July 1, 1985.