(a) A facility shall not be granted a license unless and until:      
        (1) it has filed a completed application form and other information necessary for the conduct of the Service's business; and        
          (2) paid the appropriate fees.          
            (b) No facility shall distribute commercial feed in Texas until it has received affirmative notification of its licensing either originally or as amended.            
              (c) The Service may require the applicant to submit evidence satisfactory to the Service respecting the safety and efficacy of any of its commercial feeds, including, but not limited to, labels and labeling, prior to approval of a license application:              
                (1) if any feed contains an additive (including drugs, special purpose and/or non-nutritive additives) not previously recognized as safe and effective by the United States Food and Drug Administration for its labeled use or does not possess GRAS animalstatus; or                
                  (2) if any feed normally exempt, but adulterated, so special control by the Service is necessary, including, but not limited to, those feeds incorporating mycotoxin-contaminated ingredients, ammoniated ingredients or animal litter.                 
     Source Note:        The provisions of this §61.11 adopted to be effective October 7, 1983, 8 TexReg 3806; amended to be effective June 10, 1992, 17 TexReg 3903; amended to be effective January 1, 1996, 20 TexReg 10257.