(1) Each commercial feed except customer-formula feed shall be registered annually by the person who manufactures or distributes feed into or within the state of Idaho before being offered for sale, sold, or otherwise distributed in or into this state. It is the responsibility of each manufacturer or distributor of a commercial feed to ensure that those commercial feeds being distributed into or within the state of Idaho are properly registered by the manufacturer or distributor prior to distribution.
(2)  The application for registration shall be submitted to the director on forms furnished by the department of agriculture, and shall be accompanied by a nonrefundable fee established by the director in rule not to exceed one hundred dollars ($100).

Terms Used In Idaho Code 25-2704

  • commercial feed: means all materials or combination of materials that are distributed or intended for distribution for use as feed, or for mixing in feed, for poultry and animals other than man, except:
Idaho Code 25-2703
  • customer-formula feed: means commercial feed that consists of a mixture of commercial feeds and/or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser, end user or consumer. See Idaho Code 25-2703
  • department: means the Idaho department of agriculture. See Idaho Code 25-2703
  • director: means the director of the Idaho department of agriculture or the director’s authorized agent. See Idaho Code 25-2703
  • distributor: means any person who distributes. See Idaho Code 25-2703
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • label: means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed or on the invoice or delivery slip with which a commercial feed is distributed. See Idaho Code 25-2703
  • person: includes an individual, partnership, corporation, firm, association and agent. See Idaho Code 25-2703
  • registrant: means that person, manufacturer, guarantor, or distributor who registers a product or products according to the provisions of section 25-2704, Idaho Code. See Idaho Code 25-2703
  • sale: includes exchange. See Idaho Code 25-2703
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
    • (3)  The application for registration shall also be accompanied by a label describing the product, unless such label has not been altered since the last registration of the product. A label shall continue in effect unless it is canceled or changed by the registrant or unless canceled by the department of agriculture pursuant to subsection (7) of this section. The department may review a label at any time during the registration year, regardless of registration status, for compliance with this act. Should the department find that a label is not in compliance with this act after registration has been issued, the department may cancel registration of the product. Provided however, that no registration shall be canceled until the registrant shall have been given opportunity to amend the label within thirty (30) days of receipt of notice of intent to refuse or cancel registration in order to comply with the requirements of this chapter, or be given notice and opportunity for a hearing pursuant to the provisions of chapter 52, title 67, Idaho Code.
    (4)  All fees paid to the department of agriculture provided for in this section shall be paid to the state treasury, and placed in the commercial feed and fertilizer fund. Upon approval by the director a copy of the registration shall be furnished to the applicant. All registrations expire on September 30 of each year. If an application for registration renewal provided for in this section is not postmarked before November 1 of any one (1) year, a penalty of ten dollars ($10.00) per product shall be assessed and added to the original fee and shall be paid by the applicant before the renewal registration is issued.
    (5)  A distributor shall not be required to register any commercial feed which is already registered under the provisions of this chapter by another person provided the commercial feed is distributed in its original package or container or, if the commercial feed is distributed in bulk, the integrity of the original product is maintained and labeled with the registrant’s original label or a copy of the registrant’s original label.
    (6)  Changes in the guarantee of either chemical or ingredient composition of a commercial feed may be permitted provided satisfactory evidence is submitted showing that such changes would not result in a lowering of the feeding value of the product for the purpose for which designed.
    (7)  The director is empowered to refuse registration of any application not in compliance with all provisions of this chapter and to cancel any registration when it is subsequently found to be in violation of any provision of this chapter or when the director has satisfactory evidence that the registrant has used fraudulent or deceptive practices in attempted evasion of the provisions of this chapter or rules thereunder.
    Provided, however, that no registration shall be refused or canceled until the registrant shall have been given opportunity to amend their application within thirty (30) days of receipt of notice of intent to refuse or cancel registration in order to comply with the requirements of this chapter or be given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act, chapter 52, title 67, Idaho Code.
    (8)  If a product is found being offered for sale, sold, or otherwise distributed into or within Idaho prior to registration, the department is authorized to assess a penalty of twenty-five dollars ($25.00) on each product in addition to the annual registration fee as provided in this section.