§ 106-284.33. Definitions of words and terms.
§ 106‑284.33. Definitions of words and terms.
When used in this Article:
(1) The term"Board" means the North Carolina State Board of Agriculture.
(2) The term "brandname" means any word, name, symbol, or device, or any combination thereof,identifying the commercial feed of a distributor or registrant anddistinguishing it from that of others.
(3) The term"canned pet food" means any commercial feed packed in cans orhermetically sealed containers, and used or intended for use as food for pets.
(4) The term"commercial feed" means all materials, except whole unmixed seed suchas corn, including physically altered entire unmixed seeds when not adulteratedwithin the meaning of G.S. 106‑284.38(1), which are distributed for useas feed or for mixing in feed; provided, that the Board by regulation mayexempt from this definition, or from specific provisions of this Article, hay,straw, stover, silage, cobs, husks, hulls, unpasteurized milk, and individualchemical compounds or substances which are not intermixed or mixed with othermaterials, and are not adulterated within the meaning of G.S. 106‑284.38(1).
(4a) The term"contract feeder" means a person who, as an independent contractor,feeds commercial feed to animals pursuant to a contract between that person anda manufacturer of commercial feeds whereby such commercial feed is supplied,furnished, or otherwise provided to such person by the said manufacturer andwhereby such person's remuneration is determined all or in part by feedconsumption, mortality, profits, or amount or quality of product produced bythe independent contractor.
(5) The term"customer‑formula feed" means commercial feed, each batch ofwhich is mixed according to the formula of the customer, furnished in writingover the signature of the customer or his designated agent with each batchmoved directly from the manufacturer to the customer and not stocked ordisplayed in a dealer's warehouse or sales area and not resold or redistributedto any person.
(6) The term"distribute" means to offer for sale, sell, exchange, or barter,commercial feed.
(7) The term"distributor" means any person who distributes.
(8) The term"drug" means any article intended for use in the diagnosis, cure,mitigation, treatment, or prevention of disease in animals other than man andarticles other than feed intended to affect the structure or any function ofthe animal body.
(9) The term "feedingredient" means each of the constituent materials making up a commercialfeed.
(10) The term"label" means a display of written, printed, or graphic matter uponor affixed to the container in which a commercial feed is distributed, or onthe invoice or delivery slip with which a commercial feed is distributed.
(11) The term"labeling" means all labels and other written, printed, or graphicmatter (i) upon a commercial feed or any of its containers or wrapper or (ii)accompanying such commercial feed, or advertisement, brochures, posters,television and radio announcements used in promoting the sale of suchcommercial feed.
(12) The term"manufacture" means to grind, mix or blend, or further process acommercial feed for distribution.
(13) The term"mineral feed" means a commercial feed intended to supply primarilymineral elements or inorganic nutrients.
(14) The term"official sample" means a sample of feed taken by the Commissioner orhis agent in accordance with the provisions of G.S. 106‑284.42(a), (c) or(e).
(15) The terms"percent" or "percentage" means percentage by weight,except in G.S. 106‑284.42 where these terms refer to the retail value ofthe lot of commercial feed.
(16) The term"permitted analytical variation" means allowance for the inherentvariability in sampling and laboratory analysis in guaranteed components.Manufacturing variations and their effect on the guaranteed components are notincluded in such values.
(17) The term"person" means an individual, a partnership, a corporation, anassociation, and any other legal entity.
(18) The term"pet" means any domesticated animal normally maintained in or near thehousehold(s) of the owner(s) thereof.
(19) The term "petfood" means any commercial feed prepared and distributed for consumptionby pets.
(20) The term"product name" means the name of the commercial feed which identifiesit as to kind, class, or specific use.
(21) The term"specialty pet" means any domesticated animal pet normally maintainedin a cage or tank, such as, but not limited to, gerbils, hamsters, canaries,psittacine birds, mynahs, finches, tropical fish, goldfish, snakes and turtles.
(22) The term"specialty pet food" means any commercial feed prepared anddistributed for consumption by specialty pets.
(23) The term"ton" means a net weight of 2,000 pounds avoirdupois. (1973, c. 771, s. 4; 1975,c. 900, s. 1; c. 961, s. 1; 2008‑88, s. 3.)