198.10 - RULES.
198.10 RULES.
1. The secretary may adopt rules for commercial feeds and pet
foods as specifically authorized in this chapter and other reasonable
rules necessary in order to carry out the purpose and intent of this
chapter or to secure the efficient enforcement of this chapter.
2. The secretary may adopt rules to do all of the following:
a. Regulate the movement of cottonseed into this state or
within this state, even if the cottonseed would otherwise be exempt
as whole seed under section 198.3. The secretary may adopt rules
prescribing standards for cottonseed consistent with regulations
prescribing the quality and uses of cottonseed as promulgated by the
United States food and drug administration.
b. Regulating the advertisement of commercial feed, including
but not limited to labeling commercial feed as specifically provided
in this chapter.
3. In the interest of uniformity the secretary shall adopt any
rule based on regulations promulgated under the authority of the
federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq.,
provided the secretary has the authority under this chapter to adopt
the rule. However, the secretary is not required to adopt such a
rule if the secretary determines that the rule would be inconsistent
with this chapter or not appropriate to conditions which exist in
this state.
4. Before the issuance, amendment, or repeal of a rule authorized
by this chapter, the secretary 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 be heard, orally or in writing, within a
reasonable period of time. After consideration of all views
presented by interested persons, the secretary shall take appropriate
action to issue the proposed rule or to amend or repeal an existing
rule. However, if the secretary adopts rules based on regulations
promulgated under the authority of the federal Food, Drug, and
Cosmetic Act, any amendment or modification adopted by the United
States secretary of health and human services shall be adopted
automatically under this chapter without regard to publication of the
notice required by this subsection, unless the secretary by order
specifically determines that an amendment or modification shall not
be adopted. Section History: Early Form
[C66, 71, 73, § 198.11; C75, 77, 79, 81, § 198.10] Section History: Recent Form
90 Acts, ch 1165, §15; 91 Acts, ch 97, §27; 95 Acts, ch 42, § 2;
2004 Acts, ch 1082, § 10