19-13.1 North Dakota Commercial Feed Law
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<![CDATA[CHAPTER 19-13.1NORTH DAKOTA COMMERCIAL FEED LAW19-13.1-01. Enforcing official. This chapter must be administered by the agriculturecommissioner, hereinafter referred to as the commissioner.19-13.1-02. Definitions of words and terms. When used in this chapter:1."Brand name" means any word, name, symbol, or device, or any combination<br>thereof, identifying the commercial feed of a distributor and distinguishing it from that<br>of others.2."Commercial feed" means all materials, except whole seeds unmixed or physically<br>altered entire unmixed seeds when not adulterated within the meaning of section<br>19-13.1-07, which are distributed for use as feed or for mixing in feed.Thecommissioner, by rule, may exempt from this definition, or from specific provisions of<br>this chapter, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and<br>individual chemical compounds or substances when such commodities, compounds,<br>or substances are not intermixed or mixed with other materials and are not<br>adulterated within the meaning of section 19-13.1-07.3."Contract feeder" means a person who, as an independent contractor, feeds<br>commercial feed to animals pursuant to a contract whereby such commercial feed is<br>supplied, furnished, or otherwise provided to such person and whereby such<br>person's remuneration is determined all or in part by feed consumption, mortality,<br>profits, or amount or quality of product.4."Customer-formula feed" means a mixture of commercial feeds or feed ingredients<br>each batch of which is mixed according to the specific instructions of the final<br>purchaser or contract feeder.5."Distribute" means to offer for sale, sell, exchange, or barter commercial feed or<br>customer-formula feed; or to supply, furnish, or otherwise provide commercial feed<br>or customer-formula feed to a contract feeder. "Distributor" means any person who<br>distributes.6."Drug" means any article intended for use in the diagnosis, cure, mitigation,<br>treatment, or prevention of diseases in animals other than man and articles other<br>than feed intended to affect the structure or any function of the animal body.7."Feed ingredient" means each of the constituent materials making up a commercial<br>feed.8."Label" means a display of written, printed, or graphic matter upon or affixed to the<br>container in which a commercial feed is distributed or on the invoice or delivery slip<br>with which a commercial feed or customer-formula feed is distributed.9."Labeling" means all labels and other written, printed, or graphic matter upon a<br>commercial feed or any of its containers or wrapper or accompanying such<br>commercial feed.10."Manufacture" means to grind, mix, or blend or further process a commercial feed<br>for distribution.11."Mineral feed" means a substance or mixture of substances designed or intended to<br>supply primarily mineral elements or inorganic nutrients.Page No. 112."Official sample" means any sample of feed taken by the commissioner and<br>designated as "official" by the commissioner.13."Percent" or "percentage" means percentage by weight.14."Person" includes individual, partnership, corporation, limited liability company, and<br>association.15."Pet" means any domesticated animal normally maintained in or near the household<br>of the owner.16."Pet food" means any commercial feed prepared and distributed for consumption by<br>pets.17."Product name" means the name of the commercial feed which identifies it as to<br>kind, class, or specific use.18."Retail" means to sell to the consumer or final purchaser.19."Sell" or "sale" includes exchange.20."Specialty pet food" means any commercial feed prepared and distributed for<br>consumption by any animal normally maintained in confinement, including gerbils,<br>hamsters, birds, fish, snakes, turtles, and zoo animals.21."Ton" means a net weight of two thousand pounds avoirdupois [907.18 kilograms].19-13.1-03. Registration and license.1.Each pet food and specialty pet food must be registered before being distributed in<br>this state. The application for registration must be submitted on forms furnished by<br>the commissioner. The application must be accompanied by a label and any other<br>printed matter describing each product and the registration fee of one hundred<br>dollars per product. Upon approval by the commissioner, a certificate of registration<br>must be furnished to the applicant. Registrations are not transferable. Registration<br>covers a two-year period beginning January first and ending December thirty-first of<br>every odd-numbered year. Registration renewals received after January thirty-first<br>must be assessed a penalty fee of ten dollars per product. Products found marketed<br>in this state without proper registration must be assessed the penalty fee of<br>twenty-five dollars.2.A distributor is not required to register any brand of pet food or specialty pet food<br>that is already registered under this chapter by another person.3.Each person who manufactures commercial feed or whose name appears on the<br>label of a commercial feed, other than pet food or specialty pet food, shall obtain a<br>feed manufacturer's license from the commissioner for each location. Each person<br>who sells commercial feed at retail, other than pet food or specialty pet food, shall<br>obtain a feed retailer's license from the commissioner. The license application must<br>be on forms furnished by the commissioner and must be accompanied by a fee of<br>one hundred dollars for feed manufacturers or fifty dollars for feed retailers. The<br>license covers a two-year period beginning January first and ending December<br>thirty-first of every odd-numbered year. If a manufacturer is also a retailer of feed,<br>the retail license is waived.A feed retailer's license must be obtained for eachlocation used by the retailer.Licenses are not transferable.License renewalapplications received after January thirty-first may be assessed a penalty fee of ten<br>dollars for retailers and twenty dollars for manufacturers. This subsection does not<br>apply to any person who custom manufactures feed only for another person at that<br>person's request and for that person's own use.Page No. 24.Each feed manufacturer required to be licensed under this chapter shall submit and<br>maintain a current label file of all the feeds distributed in the state with the<br>commissioner except custom formula feeds.5.The commissioner may refuse to register or license any product or applicant not in<br>compliance with the provisions of this chapter and to cancel any registration or<br>license subsequently found not to be in compliance with any provision of this<br>chapter; provided, however, that no registration or license may be refused or<br>canceled until the registrant or licensee has been given opportunity to be heard<br>before the commissioner and to amend the application in order to comply with the<br>requirements of this chapter.19-13.1-04.Labeling.Any commercial feed distributed in this state must beaccompanied by a legible label bearing the information prescribed by rule.19-13.1-05. Additional labeling requirements. Repealed by S.L. 1991, ch. 225, </p>
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