MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Agriculture

By: Representatives Hudson, Eaton, Holland, Nettles, Shows, Vince

AN ACT TO AMEND SECTION 75-45-157, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE AND THE STATE CHEMIST SHALL NOT PROMULGATE RULES AND REGULATIONS THAT ARE MORE RESTRICTIVE THAN THE FEDERAL RULES AND REGULATIONS REGARDING CERTAIN COMMERCIAL FEEDS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 75-45-157, Mississippi Code of 1972, is amended as follows:

75-45-157. (1) The commissioner and State Chemist are authorized to promulgate such rules and regulations for commercial feeds and pet foods as are specifically authorized in this article and such other reasonable rules and regulations as may be necessary for the efficient enforcement of this article. However, such rules and regulations shall not be more stringent or restrictive than the federal regulations regarding animal waste feeds. In the interest of uniformity the commissioner and State Chemist shall adopt by regulation, unless they determine that they are inconsistent with the provisions of this article 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 promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act (USCS Section 301, et seq.): provided, that the commissioner and State Chemist would have the authority under this article to promulgate such regulations.

(2) Before the issuance, amendment, or repeal of any rule or regulation authorized by this article, the commissioner and State Chemist shall publish the proposed rule or regulation, amendment, or notice to repeal an existing rule or regulation in a manner reasonably calculated to give interested parties, including all current registrants, adequate notice and they 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 commissioner and State Chemist shall take appropriate action to issue the proposed rule or regulation or to amend or repeal an existing rule or regulation. The provisions of this subsection notwithstanding, if the commissioner and State Chemist pursuant to the authority of this article, adopt the official definitions of feed ingredients or official feed terms as adopted by 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 such association or by the Secretary of Health, Education and Welfare in the case of regulations promulgated pursuant to the Federal Food, Drug, and Cosmetic Act, shall be adopted automatically under this article without regard to the publications of the notice required by this subsection, unless the commissioner and State Chemist by order specifically determine that such amendment or modification shall not be adopted.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.