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250.571 Director to promulgate administrative regulations -- Notice.
(1)
(2)
The director is authorized to promulgate administrative regulations for
commercial feeds and pet foods that are specifically authorized in KRS
250.491 to 250.631 and other reasonable administrative regulations as may be
necessary for the efficient enforcement of KRS 250.491 to 250.631. In the
interest of uniformity the director shall by administrative regulation adopt,
unless he determines that they are inconsistent with the provisions of KRS
250.491 to 250.631 or are not appropriate to conditions which exist in this
state, the following:
(a) 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
(b) Any regulation promulgated pursuant to the authority of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. secs. 301 et seq.), provided, that the
director would have the authority under KRS 250.491 to 250.631 to
promulgate the administrative regulations.
Before the issuance, amendment, or repeal of any regulation authorized by
KRS 250.491 to 250.631, the director shall publish the proposed administrative
regulation, amendment, or notice to repeal an existing administrative regulation
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 director shall take appropriate action to issue the
proposed administrative regulation or to amend or repeal an existing
administrative regulation. The provisions of this subsection notwithstanding, if
the director, pursuant to the authority of KRS 250.491 to 250.631, adopts the
official definitions of feed ingredients and official feed terms of 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 the 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
KRS 250.491 to 250.631 without regard to the publication of the notice required
by this subsection, unless the director specifically determines that the
amendment or modification shall not be adopted.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 68, sec. 9, effective July 15, 1996. -- Created
1972 Ky. Acts ch. 24, sec. 10.
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