§ 106-284.41. Rules and regulations.
§ 106‑284.41. Rules and regulations.
(a) The Board is authorized to promulgate such rules andregulations for commercial feeds and pet foods as are specifically authorizedin this Article and such other reasonable rules and regulations as may benecessary for the efficient enforcement of this Article. In the interest ofuniformity the Board shall by regulation adopt, unless it determines that theyare inconsistent with the provisions of this Article or are not appropriate toconditions which exist in this State, the following:
(1) The official definitions of feed ingredients and officialfeed terms adopted by the Association of American Feed Control Officials andpublished in the official publication of that organization, and
(2) Any regulations promulgated pursuant to the authority of theFederal Food, Drug and Cosmetic Act (21 U.S.C. section 301 et seq.).
(b) Before the issuance, amendment, or repeal of any rule orregulation authorized by this Article, the Board shall publish the proposedregulation, amendment, or notice to repeal an existing regulation in a mannerreasonably calculated to give interested parties, including all currentregistrants, adequate notice and shall afford all interested persons anopportunity to present their views thereon, orally or in writing, within areasonable period of time. After consideration of all views presented byinterested persons, the Board shall take appropriate action to issue theproposed rule or regulation or to amend or repeal an existing rule orregulation. The provisions of this subsection notwithstanding, if the Boardpursuant to the authority of this Article, adopts the official definitions offeed ingredients or official feed terms as adopted by the Association ofAmerican Feed Control Officials, or regulations promulgated pursuant to theauthority of the Federal Food, Drug and Cosmetic Act, any amendment ormodification adopted by said Association or by the Secretary of Health,Education and Welfare in the case of regulations promulgated pursuant to the FederalFood, Drug and Cosmetic Act, shall be deemed adopted automatically under thisArticle without regard to the publication of the notice required by thissubsection (b), unless the Board by resolution specifically determines thatsaid amendment or modification shall not be adopted. (1973, c. 771, s. 12; 1975, c. 19, s. 32.)