Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-5-9 - Substantiation of Nutritional Suitability9.1. A commercial feed, other than a customer-formula feed, shall be nutritionally suitable for its intended purpose as represented by its labeling.9.2. If the commissioner has reasonable cause to believe a commercial feed is not nutritionally suitable, the commissioner may request the feed manufacturer to either submit an "Affidavit of Suitability" or an alternative procedure acceptable to the commissioner, certifying the nutritional adequacy of the feed. The Affidavit of Suitability or alternative procedure of suitability shall serve as substantiation of the suitability of the feed.9.3. If an Affidavit of Suitability, or alternative procedure acceptable to the commissioner is not submitted by the feed manufacturer within 30 days of written notification, the commissioner may consider the feed adulterated under W. Va. Code § 19-14-10 and order the feed removed from the marketplace.9.4. The Affidavit of Suitability shall contain the following information: 9.4.a. The feed company's name;9.4.b. The feed's product name;9.4.c. The name and title of the affiant submitting the document;9.4.d. 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;9.4.e. The date of submission; and9.4.f. The signature of the affiant notarized by a certified Notary Public.9.5. An acceptable example of the Affidavit of Suitability is set forth in Appendix Number 19 of this rule.