Publication required before adoption or change of rule or regulation--Automatic adoption of changes in national standards.

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39-14-61. Publication required before adoption or change of rule or regulation--Automatic adoption of changes in national standards.

Before issuance, amendment, or repeal of any rule authorized by this chapter, the secretary of agriculture and natural resources shall publish the proposed rule, amendment, or notice to repeal an existing rule in accordance with §1-26-4. The provisions of this section notwithstanding, if the secretary, pursuant to the authority of this chapter, adopts 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 that association or by the secretary of health and human services in the case of regulations promulgated pursuant to the Federal Food, Drug, and Cosmetic Act shall be adopted automatically under this chapter without regard to the publication of the notice required by this section, unless the secretary, by order, specifically determines that the amendment or modification may not be adopted.

Source: SL 1964, ch 5, §10; SDCL, §39-14-22; SL 1970, ch 228, §10 (2); SL 1986, ch 326, §76; SL 2021, ch 1 (Ex. Ord. 21-3), § 51, eff. Apr. 19, 2021.


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