KRS 250.571: Director to promulgate administrative regulations -- Notice.

(1) The director is authorized to promulgate administrative regulations for commercial

feeds and pet foods that are specifically authorized in KRS 250.491 to 250.631 and

other reasonable administrative regulations as may be necessary for the efficient

enforcement of KRS 250.491 to 250.631. In the interest of uniformity the director

shall by administrative regulation adopt, unless he determines that they are

inconsistent with the provisions of KRS 250.491 to 250.631 or are not appropriate

to conditions which exist in this state, the following:

(a) The official definitions of feed ingredients and official feed terms adopted by

the Association of American Feed Control Officials and published in the

official publication of that organization; and

(b) Any regulation p romulgated pursuant to the authority of the Federal Food,

Drug, and Cosmetic Act (21 U.S.C. secs. 301 et seq.), provided, that the

director would have the authority under KRS 250.491 to 250.631 to

promulgate the administrative regulations.

(2) Before the i ssuance, amendment, or repeal of any regulation authorized by KRS

250.491 to 250.631, the director shall publish the proposed administrative

regulation, amendment, or notice to repeal an existing administrative regulation in a

manner reasonably calculated to give interested parties, including all current

registrants, adequate notice and shall afford all interested persons an opportunity to

present their views thereon, orally or in writing, within a reasonable period of time.

After consideration of all views presented by interested persons, the director shall

take appropriate action to issue the proposed administrative regulation or to amend

or repeal an existing administrative regulation. The provisions of this subsection

notwithstanding, if the director, pu rsuant to the authority of KRS 250.491 to

250.631, adopts the official definitions of feed ingredients and official feed terms of

the Association of American Feed Control Officials, or regulations promulgated

pursuant to the authority of the Federal Food, Drug, and Cosmetic Act, any

amendment or modification adopted by the association or by the Secretary of Health

and Human Services in the case of regulations promulgated pursuant to the Federal

Food, Drug, and Cosmetic Act shall be adopted automatically und er KRS 250.491

to 250.631 without regard to the publication of the notice required by this

subsection, unless the director specifically determines that the amendment or

modification shall not be adopted.