Kentucky Administrative Regulations › Title 12 - AGRICULTURAL EXPERIMENT STATION › Chapter 2 - Commercial Feeds › Section 12 KAR 2:061 - Registration

Current through Register Vol. 51, No. 1, July 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.