80-9-101. Definitions. Unless the context requires otherwise, in this chapter the following definitions apply:
     (1) "Brand name" means any word, name, symbol, or device or any combination of them identifying the commercial feed of a distributor or registrant and distinguishing it from that of others.
     (2) "Commercial feed" means all materials except the mixed or unmixed whole seeds or physically altered mixed or unmixed entire seeds of cereal grains with or without molasses added, when not adulterated within the meaning of subsections (1) through (5) of 80-9-204, which are distributed for use as feed or for mixing in feed. However, the department may by rule exempt from this definition or from specific provisions of this chapter commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical 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 subsections (1) through (5) of 80-9-204.
     (3) "Custom-mixed feed" means commercial feed which consists of a mixture of either commercial feeds or feed ingredients or both of them, each batch of which is manufactured according to specifications mutually agreed to by the purchaser and the manufacturer. A copy of the specifications or a list of the ingredients, but not necessarily the percentage of each ingredient, shall be on file at the manufacturing facility.
     (4) "Distribute" means to offer for sale, sell, exchange, or barter commercial feed.
     (5) "Distributor" means a person who distributes.
     (6) "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 function of the animal body.
     (7) "Feed ingredient" means each of the constituent materials making up a commercial feed.
     (8) "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.
     (9) "Labeling" means all labels and other written, printed, or graphic matter upon a commercial feed, any of its containers, its wrapper, or accompanying the commercial feed.
     (10) "Manufacture" means to grind, mix, blend, or further process a commercial feed.
     (11) "Mineral feed" means a commercial feed intended to supply primarily mineral elements or inorganic nutrients.
     (12) "Official sample" means a sample of feed taken by the department in accordance with the provisions of subsections (3), (5), or (6) of 80-9-301.
     (13) "Percent" or "percentage" means percentage by weights.
     (14) "Person" means an individual, partnership, corporation, or association.
     (15) "Pet" means any domesticated animal normally maintained in or near the household of its owner.
     (16) "Pet food" means any commercial feed prepared and distributed for consumption by pets.
     (17) "Product name" means the name of the commercial feed which identifies it as to kind, class, or specific use.
     (18) "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.
     (19) "Specialty pet food" means any commercial feed prepared and distributed for consumption by specialty pets.
     (20) "Ton" means a net weight of 2,000 pounds avoirdupois.

     History: En. Sec. 1, Ch. 356, L. 1973; R.C.M. 1947, 3-2025; amd. Sec. 12, Ch. 20, L. 1979.