198.3 - DEFINITIONS.
198.3 DEFINITIONS.
For the purposes of this chapter:
1. "Advertise" means to present a commercial message in any
medium, including but not limited to print, radio, television, sign,
display, label, tag, or articulation.
2. "Brand name" means any word, name, symbol, or device or
any combination thereof, identifying the commercial feed of a
distributor and distinguishing it from that of others.
3. "Broker" means a person, other than a licensed
manufacturer, who distributes commercial feed or commercial feed
ingredients to a manufacturer.
4. "Commercial feed" means all materials or a combination of
materials which are distributed or intended for distribution for use
as feed or for mixing in feed, unless such materials are specifically
exempted. Except as otherwise provided in this chapter, unmixed
whole seeds and physically altered entire unmixed seeds, when such
whole or physically altered seeds are not chemically changed or are
not adulterated within the meaning of section 198.7, subsection 1,
are exempt. The secretary by rule may exempt from this definition,
or from specific provisions of this chapter, commodities such as hay,
straw, stover, silage, cobs, husks, hulls and individual chemical
compounds or substances when such commodities, compounds or
substances are not intermixed or mixed with other materials, and are
not adulterated within the meaning of section 198.7, subsection 1.
5. "Contract feeder" means a person who as an independent
contractor, feeds commercial feed to animals pursuant to a contract
whereby such commercial feed is supplied, furnished or otherwise
provided to such person and whereby such person's remuneration is
determined all or in part by feed consumption, mortality, profits or
amount or quality of product.
6. "Customer-formula feed" means commercial feed which
consists of a mixture of commercial feeds or feed ingredients, or
both, each batch of which is manufactured according to the specific
instructions of the final purchaser.
7. "Distribute" means either of the following:
a. To offer for sale, sell, exchange, or barter commercial
feed.
b. To supply, furnish, or otherwise provide commercial feed
to a contract feeder.
8. "Distributor" means any person who distributes.
9. "Drug" means any article intended for use in the
diagnosis, cure, mitigation, treatment or prevention of disease in
animals other than man and articles other than feed intended to
affect the structure or any function of the animal body.
10. "Feed ingredient" means each of the constituent materials
making up a commercial feed.
11. "Label" means a display of written, printed, or graphic
matter upon or affixed to the container in which a commercial feed is
distributed, or on the invoice or delivery slip with which a
commercial feed is distributed.
12. "Labeling" means all labels and other written, printed,
or graphic matter upon a commercial feed or any of its containers or
wrappers or, accompanying such commercial feed.
13. "Manufacture" means to grind, mix or blend or further
process a commercial feed for distribution.
14. "Mineral feed" means a commercial feed intended to supply
primarily mineral elements or inorganic nutrients.
15. "Official sample" means a sample of feed taken by the
secretary or the secretary's agent in accordance with the provisions
of section 198.11, subsection 3, 5, or 6.
16. "Percent" or "percentages" means percentages by
weight.
17. "Pet" means any domesticated animal normally maintained
in or near the household of the owner thereof.
18. "Pet food" means any commercial feed prepared and
distributed for consumption by dogs or cats.
19. "Product name" means the name of the commercial feed
which identifies it as to kind, class, or specific use.
20. "Specialty pet" means any domesticated animal pet
normally maintained in a cage or tank, such as, but not limited to,
gerbils, hamsters, canaries, psittacine birds, mynahs, finches,
tropical fish, goldfish, snakes, and turtles.
21. "Specialty pet food" means any commercial feed prepared
and distributed for consumption by specialty pets.
22. "Ton" means a net weight of two thousand pounds
avoirdupois. Section History: Early Form
[S13, § 5077-a8; C24, 27, 31, 35, 39, § 3113; C46, 50, 54, 58,
62, § 198.1; C66, 71, 73, 75, 77, 79, 81, § 198.3] Section History: Recent Form
86 Acts, ch 1245, § 642; 90 Acts, ch 1165, § 2--4; 91 Acts, ch 97,
§24; 98 Acts, ch 1046, § 1; 2004 Acts, ch 1082, §8, 9
Referred to in § 169.3, 169.4, 198.6, 198.10, 198.11, 205.8,
570A.1
Further definitions, see § 189.1