Senate File 1527 allows commercial feed and feed ingredients to become certified for good manufacturing practices (GMPs). Becoming certified for GMPs will allow a commercial feed or feed ingredient manufacturer to export their products to countries that require only GMP certified feed. The bill provides specific criteria for GMPs that are based on standards from the Association of American Feed Control Officials (AAFCO). After the U.S. Food and Drug Administration (FDA) adopts rules relating to the Federal Food Safety Modernization Act, the criteria for GMPs will be contained in those rules. At that time the criteria provided in this bill will expire. The bill also provides for streamlining the adoption of the federal FDA rules for feed by reference.
Section 1 [GMPs Certificate for Commercial Feed and Feed Ingredients]
Subdivision 1 [Definitions] defines the terms “adulterations,” establishment,” and “pest” for the purpose of the GMP certification.
Subdivision 2 [Certificate application] provides for a voluntary application for GMP certificate for commercial feed and feed ingredient inspection by the Department of Agriculture. The inspection will be based on the criteria in subdivisions 3 to 14 or rules of the FDA regarding preventative controls for animal feed. This subdivision also requires the applicant to pay a fee for the inspection based on mileage and the cost of inspection. Money from the fees will be deposited in the commercial feed inspection account and appropriated to the department for the costs of the inspection.
Subdivisions 3 to 14 [Inspection criteria] provide the inspection criteria based on the AAFCO standards.
Subdivision 15 [Expiration] provides that the definitions and criteria expire when the FDA adopts rules regarding preventative controls for animal feed. After the FDA rules are adopted, they will be the criteria for a GMP inspection.
Sections 2 and 3 [Modifications to existing rulemaking authority] modify existing rulemaking authority to remove specific actions by the Commissioner of Agriculture to adopt FDA food and drug rules for animal feed. Section 4 provides for alternative language to adopt FDA food and drug rules.
Section 4 [Food and Drug rules] provides that applicable FDA food and drug rules are adopted by reference as the feed rules of the state. This is similar to the FDA rules adopted by reference as state food rules under Minnesota Statutes, section 31.101, subdivision 8, which reads:
“Subd. 8. Food and drugs rules.
Applicable federal regulations including recodification contained in Code of Federal Regulations, title 21, parts 0-1299, Food and Drugs, not otherwise adopted herein, also are adopted as food rules of this state.”
Section 5 [Repealer] repeals two rules that reference specific FDA rules that were adopted under the current adoption process. They will now be automatically adopted as the feed rules of the state.
Section 6 [Effective date] makes sections 1 to 5 effective the day following final enactment.