Effective 28 Aug 2019

266.165. License required to manufacture or distribute commercial feed, application form, fee, late fee — rules authorized — license suspension, revocation or refusal — independent consultants, how regulated, penalties. — 1. Any person who manufactures a commercial feed within the state, or who distributes a commercial feed in or into the state, or whose name appears on the label of a commercial feed as guarantor, or any person who acts as an independent consultant shall obtain a license for each facility authorizing such person to manufacture or distribute commercial feed or act as an independent consultant in the formulation of feeds before such person engages in such activity. Any person who makes only retail sales of commercial feed which bears labeling or other approved indication that the commercial feed is from a licensed manufacturer, guarantor, or distributor who has assumed full responsibility for the tonnage inspection fee due under sections 266.152 to 266.220 is not required to obtain a license. Any person who acts as an independent consultant shall also obtain such a license. Any person who is required to obtain such a license shall submit an application on a form provided or approved by the state department of agriculture accompanied by a license fee of thirty-five dollars and specified by rule promulgated pursuant to section 266.195. The license year shall be July first through June thirtieth. Each license shall expire on the thirtieth day of June of the year for which it is issued; provided that any license shall be valid through July thirty-first of the next ensuing year or until the issuance of the renewal license, whichever event first occurs, if the holder of such license has filed a renewal application with the state on or before June thirtieth of the year for which the current license was issued. Any new applicant who fails to obtain a license within fifteen working days of notification of the requirement to obtain a license, or any licensee who fails to comply with license renewal requirements, shall pay a twenty-five dollar late fee in addition to the license fee.

2. The license application shall be established by rules adopted by the state department of agriculture.

3. The state, under conditions specified by rule, may request copies of labels and labeling at any time from a license applicant or licensee in order to determine compliance with the provisions of sections 266.152 to 266.220.

4. The state may refuse to issue a license to any person not in compliance with the provisions of sections 266.152 to 266.220. The department may suspend or revoke any license issued to any person found not to be in compliance with any provision of sections 266.152 to 266.220. The director of the department of agriculture may place conditions that limit production or distribution of a particular commercial feed on the license of any person not found to be in compliance with sections 266.152 to 266.220. No license shall be conditionalized, suspended, refused or revoked unless the applicant or licensee shall first be given an opportunity to be heard before the director or a hearing officer designated by the director in order to comply with the requirements of sections 266.152 to 266.220.

5. The state, under conditions specified by rule, may require independent consultants formulating consultant-formula feeds to furnish signed copies of their formulations and specifications along with directions for use and appropriate warning statements to the manufacturer and end user of the product. Consultant recommendations found to be inadequate are subject to all the penalties as described in section 266.210.

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(L. 1972 S.B. 506 § 5, A.L. 1997 H.B. 211, A.L. 1998 H.B. 1600, A.L. 2019 S.B. 133)