Section 355IAC6-1-5. Suitability

   (a) The nutritional content of a commercial feed, other than a customer-formula feed, shall be as purported or is represented to possess by its labeling. Such animal feed, its labeling, and intended use must be suitable for the intended purpose of the product.

  (b) If the director has reasonable cause to believe a feed is not nutritionally suitable, then the director may request the feed manufacturer to either submit an "Affidavit of Suitability" certifying, or by an alternate procedure certify, the nutritional adequacy of the feed. The Affidavit of Suitability or alternate procedure shall be based on valid scientific evidence. The submission of a completed Affidavit of Suitability shall serve as substantiation of the suitability of the feed.

  (c) If an Affidavit of Suitability, or alternative procedure acceptable to the director is not submitted by the feed manufacturer or labeler within thirty (30) days of written notification, the director may deem the feed adulterated under section 7(c) of this rule and order the feed removed from the marketplace.

  (d) The Affidavit of Suitability shall contain the following information:

(1) The feed company's name.

(2) The feed's product name.

(3) The name and title of the affiant submitting the document.

(4) A statement that the affiant has knowledge of the nutritional content of the feed and based on valid scientific evidence the feed is nutritionally adequate for its intended purpose.

(5) Date of submission.

(6) The signature of the affiant notarized by a certified notary public.

(State Chemist of the State of Indiana; 355 IAC 6-1-5; filed Apr 4, 2002, 9:26 a.m.: 25 IR 2452; readopted filed Nov 12, 2008, 11:24 a.m.: 20081203-IR-355080677RFA; readopted filed Oct 17, 2014, 9:27 a.m.: 20141112-IR-355140344RFA)