PURPOSE: This rule establishes that a feed is labeled and suitable for a specific animal and class(es) of animal.

1. (1) The nutritional content of commercial feed shall be indicated by its labeling. Such animal feed, its labeling and intended use must be suitable for the intended purpose of the product.

2. (2) Commercial feeds for swine, poultry, and fish, and milk replacer for veal calves and herd replacement calves, when fed according to directions, must meet the nutritional requirements established by—

   1. (A) The committee on Animal Nutrition of the National Research Council of the National Academy of Sciences; or

   2. (B) A signed affidavit attesting to the nutritional adequacy of the feed based upon valid scientific evidence. Such affidavit shall be submitted to the director upon request.

      1. 1. An affidavit certifying the feed spon-

sor has valid scientific knowledge which assures suitability of the nutritional content of the feed product shall be submitted to the director only when the suitability of a product is challenged.

1. 2. Submission of a completed “Affidavit

of Suitability” shall serve as proof of suitability and therefore the feed sponsor shall not be required to provide scientific information nor any reference thereto unless the director has reason to believe that such product is not suitable for its intended use. In such case the director shall have the authority to conduct a hearing pursuant to the Administrative Procedures Act requiring the feed sponsor to produce sufficient scientific and other evidence on the product’s suitability.

1. 3. Upon receipt of a completed

“Affidavit of Suitability,” the feed sponsor may continue to market the product. When such affidavit is not adequately submitted, the director may continue to withdraw from distribution the feed and order its removal from the marketplace as well as all other feeds manufactured or distributed under the same product name.

1. 4. The “Affidavit of Suitability” shall

contain the following information:

1. A. The feed company’s name;
2. B. The feed’s product name;
3. C. The name and title of the affiant

submitting the document;

1. D. The statement that the affiant has

knowledge of the nutritional content of the listed feed product and is familiar with the nutritional requirements for the animal species and animal class(es) for which the product is intended as established by the National Research Council of the National Academy of Science;

1. E. The statement that the affiant has

knowledge of valid scientific evidence that supports the suitability of the product for the intended animal species and animal class(es) for which the feed is intended;

1. F. The date of submission; and
2. G. The signature of the affiant nota-

rized by a certified notary public.

AUTHORITY: section 266.195, RSMo Supp. 1997.* Original rule filed Nov. 17, 1997, effective June 30, 1998. *Original authority 1972, 1993, 1995, 1997.