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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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