Effective 01 Jan 1998, see footnote

266.195. Director may make rules, may adopt definitions — rulemaking, procedure. — 1. The director is authorized to promulgate such rules for commercial feeds, pet foods and specialty pet foods as are specifically authorized in sections 266.152 to 266.220 and such other reasonable rules as may be necessary for the efficient enforcement of sections 266.152 to 266.220. In the interest of uniformity the director shall by rule adopt, unless the director determines that they are inconsistent with the provisions of sections 266.152 to 266.220 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 rule promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act at 21 U.S.C. Section 301 et seq., provided that the director has the authority pursuant to sections 266.152 to 266.220 to promulgate such rules.

2. Before the issuance, amendment, or repeal of any rule authorized by sections 266.152 to 266.220, the director 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 licensees, 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 director shall take appropriate action to issue the proposed rules or to amend or repeal an existing rule. The provisions of this subsection notwithstanding, if the director, pursuant to the authority of sections 266.152 to 266.220, adopts official definitions of feed ingredients, or official feed terms as adopted by the Association of American Feed Control Officials, or rules 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, Education and Welfare in the case of regulations promulgated pursuant to the Federal Food, Drug, and Cosmetic Act, shall be adopted automatically under sections 266.152 to 266.220 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. No rule or portion of a rule promulgated under the authority of sections 266.152 to 266.220 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

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(L. 1972 S.B. 506 § 11, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1997 H.B. 211)

Effective 1-01-98