80-9-201. Permits and registration. (1) (a) No person may manufacture for distribution or distribute a commercial feed in this state unless he has obtained a permit by filing with the department, on forms provided by the department, his name, place of business, and location of manufacturing facility, distribution point, or point of invoicing. All new applicants or those failing to renew a permit by January 1 of each year shall pay a nonrefundable fee of $25 per calendar year for each facility, distribution point, or point of invoicing. A permit will remain in force until the end of the calendar year for which it is issued or until canceled by the permit holder or canceled for cause by the department. No refund may be made at the time of cancellation. No transfer of permits will be made. A distributor who distributes only pet foods or specialty pet foods is exempt from this provision.
     (b) Feed permit renewals received by the department prior to January 1 of each year must be accompanied by a nonrefundable renewal fee of $25 for each permit.
     (2) (a) No person may distribute in this state a commercial feed, except a custom-mixed feed, which has not been registered under this section by the manufacturer. The application for registration must be accompanied by a nonrefundable fee of $6.50 for each product other than a pet food or specialty pet food and a nonrefundable fee of $25 for each pet food or specialty pet food.
     (b) The registration of commercial feeds and specialty pet food is for a period of 1 year commencing October 1 and ending September 30 of each year.
     (3) An applicant for registration shall file with the department the following information:
     (a) his name and address;
     (b) a complete copy of the label or label facsimile that will appear on the product;
     (c) when requested by the department, promotional material and claims made about the product; and
     (d) any other necessary information requested by the department.
     (4) The department may refuse registration of any commercial feed not in compliance with this chapter and may cancel any registration subsequently found not to be in compliance with this chapter. No registration may be refused or canceled unless the registrant has been given an opportunity to be heard before the department and to amend his application in order to comply with this chapter.

     History: En. Sec. 3, Ch. 356, L. 1973; R.C.M. 1947, 3-2027; amd. Sec. 1, Ch. 36, L. 1985; amd. Sec. 1, Ch. 38, L. 1989.