8 CCR 1202-6, pt. 6 - Suitability

6.1. A commercial feed, other than a customer-formula feed, shall be nutritionally suitable for its intended purpose as represented by its labeling.

6.2. If the Commissioner has reasonable cause to believe a feed is not nutritionally suitable, then the Commissioner may request the feed manufacturer to either submit an "Affidavit of Suitability" or an alternate procedure acceptable to the Commissioner, certifying the nutritional adequacy of the feed. The Affidavit of Suitability or alternate procedure of suitability shall serve as substantiation of the suitability of the feed.

6.3. 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 deem the feed adulterated under Section 35-60-107(2)(m), C.R.S., and order the feed removed from the marketplace.

6.4. The Affidavit of Suitability shall contain the following information:

6.4.1. The feed company's name;

6.4.2. The feed's product name;

6.4.3. The name and title of the affiant submitting the document;

6.4.4. 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;

6.4.5. The date of submission; and

6.4.6. The signature of the affiant notarized by a certified Notary Public.

Notes

8 CCR 1202-6, pt. 6

38 CR 05, March 10, 2015, effective 3/30/2015 39 CR 05, March 10, 2016, effective 3/30/2016 39 CR 23, December 10, 2016, effective 12/30/2016 40 CR 20, October 25, 2017, effective 11/30/2017 43 CR 22, November 25, 2020, effective 12/15/2020 45 CR 22, November 25, 2022, effective 12/15/2022