75-45-153 - Definitions.
§ 75-45-153. Definitions.
When used in this article the terms:
(a) "Person" includes any individual, partnership, corporation or association.
(b) "Distribute" means to offer for sale, sell, exchange, give away, or barter, commercial feed or to supply, furnish, or otherwise provide commercial feed to a contract feeder.
(c) "Distributor" means any person who distributes commercial feedstuffs as defined herein.
(d) "Commercial feed" means all materials distributed for use as feed or for mixing in feed except unmixed seed, whole or processed, when not adulterated within the meaning of paragraph (a) of Section 75-45-165. The commissioner and State Chemist by regulation may exempt from this definition, or from specific provisions of this article, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when such commodities, compounds or substances are not mixed with other materials, and are not adulterated within the meaning of paragraphs (a) through (d) of Section 75-45-165.
(e) "Feed ingredient" means each of the constituent materials making up a commercial feed.
(f) "Mineral feed" means a commercial feed intended to supply primarily mineral elements or inorganic nutrients.
(g) "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.
(h) "Customer-formula feed" means commercial feed which consists of a mixture of commercial feeds and/or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser.
(i) "Manufacture" means to grind, mix or blend, or further process a commercial feed for distribution.
(j) "Brand name" means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others.
(k) "Product name" means the name of the commercial feed which identifies it as to kind, class or specific use.
(l) "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.
(m) "Labeling" means all labels and other written, printed, or graphic matter (1) upon a commercial feed or any of its containers or wrappers (2) accompanying such commercial feed.
(n) "Ton" means a net weight of two thousand (2,000) pounds avoirdupois.
(o) "Percent" or "percentages" mean percentages by weights.
(p) "Official sample" means a sample of feed taken by the commissioner or his agent in accordance with the provisions of subsections (3), (4) and (5) of Section 75-45-173.
(q) "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.
(r) "Pet food" means any commercial feed prepared and distributed for consumption by pets.
(s) "Pet" means any domesticated animal normally maintained in or near the household(s) of the owner(s) thereof.
(t) "Specialty pet" means any domesticated animal pet normally maintained in a cage or tank, including, but not limited to, gerbils, hamsters, canaries, psittacine, birds, mynahs, finches, tropical fish, goldfish, snakes and turtles.
(u) "Specialty pet food" means any commercial feed prepared and distributed for consumption by specialty pets.
(v) "Quantity statement" means the net weight (mass), net volume (liquid or dry) or count.
Sources: Codes, 1942, § 4449-13; Laws, 1972, ch. 474, § 3; Laws, 2001, ch. 555, § 1, eff from and after July 1, 2001.