Section 76-19-3 - Definitions.
76-19-3. Definitions.
As used in the Commercial Feed Law [76-19-1 to 76-19-14 NMSA 1978]:
A. "person" includes individual, partnership, corporation and association;
B. "distribute" means to offer for sale, sell or barter, commercial feed or customer-formula feed; or to supply, furnish or otherwise provide commercial feed or customer-formula feed to a contract feeder;
C. "distributor" means any person who distributes;
D. "sell" or "sale" includes exchange;
E. "commercial feed" means all materials which are distributed for use as feed or for mixing in feed for animals other than man, except:
(1) unmixed or unprocessed whole seeds; or
(2) unground hay, straw, stover, silage, cobs, husks and hulls when not mixed with other materials;
F. "feed ingredient" means each of the constituent materials making up a commercial feed;
G. "customer-formula feed" means a mixture of commercial feeds or materials, or both, each batch of which is mixed according to the specific instructions of the final purchaser or contract feeder;
H. "mineral feed" means a commercial feed intended to supply primarily mineral elements or inorganic nutrients;
I. "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;
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 or customer-formula 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; or
(2) accompanying such commercial feed;
N. "ton" means a net weight of two thousand pounds, avoirdupois;
O. "percent" or "percentages" means percentages by weights;
P. "official sample" means any sample of feed taken by the board or its agent and designated as "official" by the board;
Q. "manufacture" means to grind, mix, blend or further process a commercial feed for distribution;
R. "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;
S. "producer-formula feed" means a mixture of commercial feeds or materials, or both, each batch of which is mixed for and according to the specific and signed instruction of the final purchaser or contract feeder. The purchaser or contract feeder shall have grown and furnished at least one of the major components of the mixture. In classifying a feed as a producer-formula feed, the purchaser or contract feeder waives all protection afforded under the Commercial Feed Law and such feed is exempt from the provisions of that act; and
T. "pet food" means any commercial feed prepared and distributed for consumption by pets.