266.195. Director may make rules, may adopt definitions--rulemaking, procedure.

MISSOURI STATUTES AND CODES

266.195. Director may make rules, may adopt definitions--rulemaking, procedure.

Director may make rules, may adopt definitions--rulemaking,procedure.

266.195. 1. The director is authorized to promulgate such rules forcommercial feeds, pet foods and specialty pet foods as are specificallyauthorized in sections 266.152 to 266.220 and such other reasonable rulesas may be necessary for the efficient enforcement of sections 266.152 to266.220. In the interest of uniformity the director shall by rule adopt,unless the director determines that they are inconsistent with theprovisions of sections 266.152 to 266.220 or are not appropriate toconditions which exist in this state, the following:

(1) The official definitions of feed ingredients and official feedterms adopted by the Association of American Feed Control Officials andpublished in the official publication of that organization; and

(2) Any rule promulgated pursuant to the authority of the FederalFood, Drug, and Cosmetic Act at 21 U.S.C. Section 301 et seq., providedthat the director has the authority pursuant to sections 266.152 to266.220 to promulgate such rules.

2. Before the issuance, amendment, or repeal of any rule authorizedby sections 266.152 to 266.220, the director shall publish the proposedrule, amendment, or notice to repeal an existing rule in a mannerreasonably calculated to give interested parties, including all currentlicensees, 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 director shall take appropriate action to issue theproposed rules or to amend or repeal an existing rule. The provisions ofthis subsection notwithstanding, if the director, pursuant to the authorityof sections 266.152 to 266.220, adopts official definitions of feedingredients, or official feed terms as adopted by the Association ofAmerican Feed Control Officials, or rules 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 tothe Federal Food, Drug, and Cosmetic Act, shall be adopted automaticallyunder sections 266.152 to 266.220 without regard to the publication of thenotice required by this subsection, unless the director, by order,specifically determines that the amendment or modification shall not beadopted. No rule or portion of a rule promulgated under the authority ofsections 266.152 to 266.220 shall become effective unless it has beenpromulgated pursuant to the provisions of section 536.024, RSMo.