- (a) This section does not apply to customer-formula feed.
(b) A commercial feed manufacturer shall ensure that the nutritional content of a commercial feed is accurately represented in its label. The commercial animal feed's:
- (1) ingredients;
- (2) label; and
(3) intended use;
must accurately reflect the intended purpose of the product.
(c) If the director has reasonable cause to believe a commercial feed is not nutritionally suitable, then the state chemist may request the commercial feed manufacturer:
- (1) to submit an affidavit of suitability certifying the nutritional adequacy of the commercial feed; or
(2) to certify the nutritional adequacy of the commercial feed by an alternate procedure approved by the director.
A commercial feed manufacturer's assertions in an affidavit of suitability or alternate procedure must be based on valid scientific evidence. A commercial feed manufacturer's submission of a completed affidavit of suitability shall serve as substantiation of the suitability of the feed.
- (d) If an affidavit of suitability, or alternative procedure acceptable to the director is not submitted by the commercial feed manufacturer or labeler within thirty (30) days of written notification, the director may deem the feed adulterated under section 29 of this chapter and order the feed removed from the marketplace.
(e) The affidavit of suitability shall contain the following information:
- (1) The commercial feed manufacturer's name.
- (2) The commercial feed's product name.
- (3) The name and title of the commercial feed manufacturer submitting the document.
- (4) A statement that the commercial feed manufacturer has knowledge of the nutritional content of the feed and based on valid scientific evidence the feed is nutritionally adequate for its intended purpose.
- (5) The date of submission.
- (6) The signature of the owner or operator of the commercial feed manufacturer notarized by a certified notary public.
As added by P.L.16-2026, SEC.24.