44-6-103 - Chapter definitions.
44-6-103. Chapter definitions.
As used in this chapter, unless the context otherwise requires:
(1) 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;
(2) Commercial feed means all materials except unmixed seed, whole and unprocessed, when not adulterated within the meaning of this chapter, that are offered for sale as feed or mixing for feed; provided, that the commissioner by regulation may exempt from this definition, or from specific provisions of this chapter, commodities such as hay, straw, stover, silage, cobs, husks, hulls and individual compounds or substances, when those commodities, compounds or substances are not intermixed or mixed with other materials, and are not adulterated within the meaning of this chapter;
(3) Commercial feed facility or licensed commercial feed facility means a facility that manufactures or distributes commercial feed in this state and that is subject to licensure pursuant to this chapter;
(4) Commissioner means the commissioner of agriculture, or the commissioner's authorized agent;
(5) Contract feeder means a person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract, whereby the commercial feed is supplied, furnished, or otherwise provided to the person and whereby the 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 that consists of a mixture of two (2) or more commercial feeds or a mixture of one (1) or more commercial feeds and one (1) or more feed ingredients or a mixture of two (2) or more feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser;
(7) Distribute means to offer for sale, sell, exchange, or barter commercial feed or customer-formula feed;
(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 humans, and articles other than feed intended to affect the structure or function of any part 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:
(A) Upon commercial feed or any of its containers or wrapper; or
(B) Accompanying 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 commissioner or the commissioner's agent in accordance with § 44-6-111(c), (e) or (f);
(16) Percent or percentage means percentage by weight;
(17) Person includes individual, partnership, corporation, association, or other legal entity;
(18) Pet means any domesticated animal normally maintained in or near the household of its owner;
(19) Pet food means any commercial feed prepared and distributed for consumption by pets;
(20) Product name means the name of the commercial feed that identifies it as to kind, class, or specific use;
(21) Quantity statement means the net weight (mass), net volume (liquid or dry) or count;
(22) Specialty pet means any domesticated animal pet normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, canaries, psittacines, birds, mynahs, finches, tropical fish, goldfish, snakes and turtles;
(23) Specialty pet food means any commercial feed prepared and distributed for consumption by specialty pets; and
(24) Ton means a net weight of two thousand pounds (2,000 lbs.) avoirdupois.
[Acts 1972, ch. 488, § 3; T.C.A., § 44-1120; Acts 1997, ch. 55, §§ 1, 9-11.]