266.165. License required to manufacture or distribute commercial feed, application form, fee, late fee--rules authorized--license suspension, revocation or refusal--independent consultants, how regul
License required to manufacture or distribute commercial feed,application form, fee, late fee--rules authorized--license suspension,revocation or refusal--independent consultants, how regulated,penalties.
266.165. 1. Any person who manufactures a commercial feed within thestate, or who distributes a commercial feed in or into the state, or whosename appears on the label of a commercial feed as guarantor, or any personwho acts as an independent consultant shall obtain a license for eachfacility authorizing such person to manufacture or distribute commercialfeed or act as an independent consultant in the formulation of feeds beforesuch person engages in such activity. Any person who makes only retailsales of commercial feed which bears labeling or other approved indicationthat the commercial feed is from a licensed manufacturer, guarantor, ordistributor who has assumed full responsibility for the tonnage inspectionfee due under sections 266.152 to 266.220 is not required to obtain alicense. Any person who acts as an independent consultant shall alsoobtain such a license. Any person who is required to obtain such a licenseshall submit an application on a form provided or approved by the statedepartment of agriculture accompanied by a license fee of twenty-fivedollars and specified by rule promulgated pursuant to section 266.195. Thelicense year shall be July first through June thirtieth. Each licenseshall expire on the thirtieth day of June of the year for which it isissued; provided that any license shall be valid through July thirty-firstof the next ensuing year or until the issuance of the renewal license,whichever event first occurs, if the holder of such license has filed arenewal application with the state on or before June thirtieth of the yearfor which the current license was issued. Any new applicant who fails toobtain a license within fifteen working days of notification of therequirement to obtain a license, or any licensee who fails to comply withlicense renewal requirements, shall pay a twenty-five dollar late fee inaddition to the license fee.
2. The license application shall be established by rules adopted bythe state department of agriculture.
3. The state, under conditions specified by rule, may request copiesof labels and labeling at any time from a license applicant or licensee inorder to determine compliance with the provisions of sections 266.152 to266.220.
4. The state may refuse to issue a license to any person not incompliance with the provisions of sections 266.152 to 266.220. Thedepartment may suspend or revoke any license issued to any person found notto be in compliance with any provision of sections 266.152 to 266.220. Thedirector of the department of agriculture may place conditions that limitproduction or distribution of a particular commercial feed on the licenseof any person not found to be in compliance with sections 266.152 to266.220. No license shall be conditionalized, suspended, refused orrevoked unless the applicant or licensee shall first be given anopportunity to be heard before the director or a hearing officer designatedby the director in order to comply with the requirements of sections266.152 to 266.220.
5. The state, under conditions specified by rule, may requireindependent consultants formulating consultant-formula feeds to furnishsigned copies of their formulations and specifications along withdirections for use and appropriate warning statements to the manufacturerand end user of the product. Consultant recommendations found to beinadequate are subject to all the penalties as described in section266.210.
(L. 1972 S.B. 506 § 5, A.L. 1997 H.B. 211, A.L. 1998 H.B. 1600)