Montana Code Annotated 2023



Part 1. General Provisions

Rules -- Adoption By Department

80-9-103. Rules -- adoption by department. (1) The department may adopt rules for commercial feeds and pet foods that are specifically authorized in this chapter and other reasonable rules necessary for the efficient enforcement of this chapter, including rules related to:

(a) the specific content of label directions and precautions for safe and effective use of commercial and customer formula feeds;

(b) definitions of feed ingredients and poisonous or deleterious substances;

(c) good manufacturing practices for commercial feeds containing medications or drugs;

(d) standards for viable weed seeds;

(e) format and content of annual statements of tonnage and distribution records required by 80-9-206(2);

(f) standards for establishing deficiency of a commercial feed based on laboratory testing;

(g) standards for establishing that a commercial feed is in violation because of a deficiency in any feed ingredient;

(h) procedures for the issuance and release of embargo orders and condemnation pursuant to 80-9-302; and

(i) procedures for implementing and administering the civil penalties under 80-9-303.

(2) Unless it determines that they are inconsistent with this chapter or are not appropriate to conditions that exist in this state, the department, in the interest of uniformity, shall adopt:

(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 rules adopted under the Federal Food, Drug, and Cosmetic Act as long as the department has the authority under this chapter to adopt that rule.

(3) In adopting rules the department shall follow procedures prescribed in the Montana Administrative Procedure Act.

History: En. Sec. 10, Ch. 356, L. 1973; R.C.M. 1947, 3-2034; amd. Sec. 2, Ch. 396, L. 1999.