80-9-201. Licenses and registration. (1) Except as provided in subsection (4)(b), a license is required of a person:
     (a) who manufactures commercial feed in this state;
     (b) who distributes commercial feed in or into this state; or
     (c) whose name appears on the label of a commercial feed as guarantor.
     (2) (a) A separate license is required for each facility that manufactures commercial feed within this state or for each facility that distributes commercial feed in or into this state. A facility that manufactures, distributes, or is a guarantor for commercial feed need be licensed only once annually pursuant to this section.
     (b) (i) All new applicants shall pay a nonrefundable fee of $75 per calendar year for a license for each facility, distribution point, or point of invoicing.
     (ii) License renewals received by the department prior to January 1 of each year must be accompanied by a nonrefundable renewal fee of $50 for each license.
     (3) Applicants for licensure shall file with the department information on forms provided by the department, including the following:
     (a) the applicant's name and place of business;
     (b) the mailing address and physical location of the facility to be licensed; and
     (c) an indication of whether the facility to be licensed manufactures feed, distributes feed, or both.
     (4) (a) A license granted under this section remains in force until the end of the calendar year for which it is issued or until canceled by the licensee or by the department for cause. The department may collect a $25 late penalty fee for a license renewal application received after January 1 of any year. A license is nontransferable and license fees are nonrefundable.
     (b) A license is not required for a distributor who distributes only pet food or specialty pet food.
     (5) A person who manufactures for distribution or who distributes commercial feed in this state shall, upon written request by the department, submit the following information regarding products distributed in this state:
     (a) a list of feed products;
     (b) all labeling, promotional material, and claims for any feed product;
     (c) analytical methods for ingredients claimed or listed on a label, if the methods are not available from AOAC international; and
     (d) replicated data performed by a reputable investigator whose work is recognized as acceptable by the department, verifying any claims for effectiveness of a feed product.
     (6) (a) A person may not manufacture for distribution or distribute in this state a pet food or specialty pet food that has not been registered under this section by the manufacturer. The application for registration must be accompanied by a nonrefundable fee of $25 for each pet food or specialty pet food.
     (b) The registration of pet food and specialty pet food is for a period of 1 year commencing January 1 and ending December 31 of each year.
     (7) An applicant for registration of a pet food or specialty pet food shall file with the department the following information:
     (a) the applicant's name and address; and
     (b) a complete standard list of all products being registered.
     (8) The department may refuse registration of a pet food or specialty pet food not in compliance with this chapter and may cancel any registration subsequently found not to be in compliance with this chapter. A registration may not be refused or canceled unless the registrant has been given an opportunity to be heard before the department and to amend the 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; amd. Sec. 4, Ch. 396, L. 1999.