Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
250.501,
250.511(3),
250.521(2),
250.561(3)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
250.571(1) authorizes the
Director of the Agricultural Experiment Station to promulgate administrative
regulations necessary for the efficient enforcement of
KRS
250.491 to
250.631, regarding
commercial feeds.
KRS
250.511(1) and (2) require a
manufacturer or distributor of commercial feed in Kentucky to register with the
director each facility that manufactures customer-formula feed and each
commercial feed except customer-formula feed. This administrative regulation
establishes the procedure for the registration of commercial feed and
manufacturers of customer-formula feed and the requirements for an
exemption.
Section 1.
(1) Except as provided in subsection (2) of
this section, a manufacturer shall submit a completed Application for
Registration of Commercial Feeds to register each feed other than a
customer-formula feed.
(2) The
director shall grant an exemption to the registration requirement if the owner
or other responsible individual with authority to register feed for the
manufacturer:
(a) Has a record of
satisfactory compliance with the labeling requirements established in
KRS
250.521 and
12 KAR
2:011; and
(b) Submits to the director a notarized
affidavit certifying the following:
1.
a Name and mailing address of the
manufacturer; and
b A statement
acknowledging the manufacturer's responsibility to comply with
KRS
250.491 to
250.631 including
payment of the inspection fee required by
KRS
250.561(1);
2.
a. That the person requesting the exemption
has knowledge of the labeling requirements of
KRS
250.521 and
12 KAR
2:011; or
b. That a qualified individual is employed to
ensure that commercial feed is labeled according to
KRS
250.521 and
12 KAR
2:011. The name and address of the person responsible
for product labeling shall be provided, if different than the affiant;
3. A commercial feed
distributed in Kentucky is suitable for its intended purpose in accordance with
the requirements established in
12 KAR
2:066, Sections 1, 2, and 6;
4. Within thirty (30) days of notification
the affiant agrees to provide a label for each commercial feed, a specifically
designated feed or feed type distributed in Kentucky for the purpose of
determining compliance with the labeling requirements established in
KRS
250.521 and
12 KAR
2:011. The request and compliance with the request
shall not be construed as a registration process; and
5. That the affiant agrees to resume
registration of each commercial feed if notified by the director of
unsatisfactory compliance with the labeling requirements of
KRS
250.521 and
12 KAR
2:011 or of the failure to provide a requested label
within thirty (30) days. The manufacturer shall have thirty (30) days from
receipt of the notice to complete registration of a commercial feed product
offered for sale in Kentucky. During this period the affiant may request a
meeting with the director to resolve a labeling violation or seek reinstatement
or modification of registration exemption.
Section 2. A registration
exemption shall not prevent the enforcement of
KRS
250.491 to
250.631. A
manufacturer granted a registration exemption shall be considered registered
for a commercial feed, other than a customer-formula feed.
Section 3. A distributor of customer-formula
feed shall register as a customer-formula feed distributor by submitting a
completed Registration of Customer-Formula Feed Distributor Form. Registration
as a customer-formula feed distributor shall be dependent upon agreement by the
manufacturer to:
(1) Abide by the labeling
requirements of
KRS
250.521(2); and
(2) Maintain at the facility where
customer-formula feed is manufactured, a file of customer-formula
mixes.
Section 4.
Registration of a customer-formula feed distributor shall be subject to
cancellation under the same conditions established for registered feeds under
KRS
250.511(3) and
250.561(3).
Section 5. For commercial feed that is
distributed to the final purchaser exclusively in an immediate container
package weight of ten (10) pounds or less, the person whose name appears on the
label as the guarantor or distributor shall provide the director with:
(1) The name of each product by submitting a
completed Application for Registration of Commercial Feeds before distribution
within Kentucky; and
(2) Pay the
fee required by
KRS
250.561(1)(d).
Section 6. Incorporation by
Reference.
(1) "Application for Registration
of Commercial Feeds", 2018, Division of Regulatory Services, is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Division of Regulatory Services, University of Kentucky, 103 Regulatory
Services Building, Lexington, Kentucky 40546-0275, Monday through Friday, 8
a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
250.571(1)