WAC 16-250-080   Substantiating nutritional suitability of commercial feed except for customer-formula feed.  (1) All commercial feeds, except for customer-formula feeds, must be nutritionally suitable for the purpose represented by their labeling.

     (2) If the department has reasonable cause to believe a commercial feed is not nutritionally suitable, the department may require that the feed manufacturer either submit an "affidavit of suitability" or a department approved alternative procedure, certifying that the feed is nutritionally adequate for its intended purpose. The affidavit of suitability or alternate procedure substantiates the feed's suitability but does not preclude the department from requiring additional evidence of nutritional suitability.

     (3) If an affidavit of suitability, or department approved alternative procedure, is not submitted by the feed manufacturer within thirty days of written notification, the department may declare that the feed's composition or quality is less than or differs from what is represented by its labeling (see RCW 15.53.902(8)) and order the feed removed from the marketplace.

     (4) An affidavit of suitability must contain the following information:

     (a) The feed licensee's name;

     (b) The feed's product name;

     (c) The name and title of the affiant submitting the document;

     (d) A statement from the affiant that they know the nutritional content of the feed and that the feed, based on valid scientific evidence, is nutritionally adequate for its intended purpose;

     (e) The date the affidavit of suitability is submitted to the department; and

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

     (5) Example of affidavit:

Affidavit of Suitability
(Company Name)			(Product Name Code Number)
1. Affiant is the of
	(Title)		(Name of Company)
and is duly authorized to make and execute this Affidavit for and on behalf of said company.
2. Affiant has knowledge of the nutritional content of the above listed feed product and is familiar with the nutritional requirements for the animal species and animal class(es) for which the feed product is intended.
3. Affiant has knowledge of valid scientific evidence that supports the suitability of the product for the intended animal species and animal class for which this feed is intended. A copy of the product label is attached to this affidavit.
		By
(Name of Company)			(Name and Title)
Subscribed and sworn to before me
this day of , 20
(Notary Public)

[Statutory Authority: Chapters 15.53 and 34.05 RCW. 03-23-128, § 16-250-080, filed 11/19/03, effective 7/1/04.]