80-9-201. Licenses and registration. (1) Except as provided in subsection (4)(b), a license is required of a facility or person:

(a) who manufactures commercial feed in this state;

(b) who distributes commercial feed in or into this state; or

(c) whose name appears on the label of a commercial feed as guarantor.

(2) (a) A separate license is required for each facility that manufactures commercial feed within this state or for each facility that distributes commercial feed in or into this state. A facility or person that manufactures, distributes, or is a guarantor for commercial feed must be licensed once annually pursuant to this section.

(b) (i) Except as otherwise provided in this subsection (2)(b)(i), all new applicants shall pay a nonrefundable fee of $100 each calendar year for a license for each facility. The department may by rule adjust the license fee to maintain adequate funding for the administration of this part. The fee may not be less than $100 a year or more than $110 a year.

(ii) Except as otherwise provided in this subsection (2)(b)(ii), license renewals received by the department prior to January 1 of each year must be accompanied by a nonrefundable renewal fee of $75 for each license. The department may by rule adjust the license fee to maintain adequate funding for the administration of this part. The fee may not be less than $75 a year or more than $85 a year.

(3) Applicants for licensure shall file with the department information on forms provided by the department, including the following:

(a) the applicant's name and place of business;

(b) the mailing address and physical location of the facility to be licensed;

(c) an indication of whether the facility to be licensed manufactures feed, distributes feed, or both; and

(d) an indication of whether or not the person applying for licensure is a guarantor.

(4) (a) A license granted under this section remains in force until the end of the calendar year for which it is issued or until canceled by the licensee or by the department for cause. The department may collect a $25 late penalty fee for a license renewal application received after January 1 of any year. A license is nontransferable, and license fees are nonrefundable.

(b) A license is not required for a person who:

(i) distributes only pet food or specialty pet food; or

(ii) manufactures pet treats as defined in 80-9-101(21)(b) whose total annual sales do not exceed $25,000.

(5) A person who manufactures for distribution or who distributes commercial feed in this state shall, upon written request by the department, submit the following information regarding products distributed in this state:

(a) a list of feed products;

(b) all labeling, promotional material, and claims for any feed product;

(c) analytical methods for ingredients claimed or listed on a label, if the methods are not available from AOAC international; and

(d) replicated data performed by a reputable investigator whose work is recognized as acceptable by the department, verifying any claims for effectiveness of a feed product.

(6) (a) A person may not manufacture for distribution or distribute in this state a pet food, specialty pet food, or pet treat that has not been registered under this section by the manufacturer or the guarantor. Except as otherwise provided in subsection (6)(b), the application for registration must be accompanied by a nonrefundable fee of:

(i) $50 for each pet food or specialty pet food; or

(ii) $25 for each set of up to 20 individual pet treat products that meet the definition provided in 80-9-101(21)(b).

(b) The department may by rule adjust the registration fee to maintain adequate funding for the administration of this part. The fee may not be less than $50 a year or more than $60 a year for a pet food or specialty pet food and not less than $25 a year or more than an additional $10 a year added to the original assessed amount calculated in subsection (6)(a)(ii) for pet treats as defined in 80-9-101(21)(b).

(c) The registration of pet food, specialty pet food, and pet treats is for a period of 1 year starting January 1 and ending December 31 of each year.

(7) An applicant for registration of pet food, specialty pet food, or pet treats shall file with the department the following information:

(a) the applicant's name and address; and

(b) a complete standard list of all products being registered.

(8) The department may refuse registration of pet food, specialty pet food, or pet treats that is not in compliance with this chapter and may cancel any registration subsequently found to not be in compliance with this chapter. A registration may not be refused or canceled unless the registrant has been given an opportunity to be heard before the department and to amend the application in order to comply with this chapter.

History: En. Sec. 3, Ch. 356, L. 1973; R.C.M. 1947, 3-2027; amd. Sec. 1, Ch. 36, L. 1985; amd. Sec. 1, Ch. 38, L. 1989; amd. Sec. 4, Ch. 396, L. 1999; amd. Sec. 2, Ch. 37, L. 2005; amd. Sec. 2, Ch. 46, L. 2017; amd. Sec. 2, Ch. 365, L. 2019.