2-37-103. Definitions.

2-37-103. Definitions. As used in this chapter: (a) “Board” means the State Plant Board. (b) “Brand name” means any word, name, symbol, device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others. (c) “Commercial feed” means all materials or combination of materials which are distributed for use as feed or for mixing in feed, unless such materials are specifically exempted. Unmixed whole seeds, when such whole seeds are not adulterated, are exempt. The board by rule may 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 such commodities, compounds or substances are not intermixed with other materials, and are not adulterated. Feed supplied to contract feeders and feed ingredients supplied to integrated operators are not commercial feed and are therefore exempt if granted an exemption license in accordance with § 2-37-104. Furthermore, exchanges of feed or feed ingredients between or among integrated operators, who have been granted an exemption license as provided in § 2-37-104, are not commercial feed and are therefore not subject to the provisions of this chapter. The board by rule may exempt from this definition, or from certain provisions of this chapter certain pet food or specialty pet food. (d) “Contract feeder” means a person, who as an independent contractor, feeds animals under a contract whereby such feed is supplied, furnished, or otherwise provided 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. (e) “Customer-formula feed” means commercial feed which consists of a mixture of commercial feeds and/or feed ingredients each batch of which is manufactured according to the specific instructions of the final purchaser. (f) “Distribute” means to offer for sale, sell, exchange, or barter, commercial feed. (g) “Distributor” means any person who distributes. (h) “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 of any function of the animal body. (i) “Feed ingredient” means each of the constituent materials making up a commercial feed. (j) “Integrated operator” means a person who contracts with a contract feeder to supply feed and pays that person based on all or in part by feed consumption, mortality, profits, or amount or quality of product produced. (k) “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. (l) “Labeling” means all labels and other written, printed, or graphic matter (1) upon a commercial feed or any of its containers or wrapper or (2) accompanying such commercial feed. (m) “Manufacture” means to grind, mix or blend, or further process a commercial feed for distribution. (n) “Mineral feed” means a commercial feed intended to supply primarily mineral elements or inorganic nutrients. (o) “Official sample” means a sample of feed taken by the board or its agent in accordance with the provisions of § 2-37-111(c), (e), or (f). (p) “Percent” or “percentages” means percentages by weights. (q) “Person” includes individual, partnership, corporation, and association. (r) “Pet” means any domesticated animal normally maintained in or near the households of the owners thereof. (s) “Pet food” means any commercial feed prepared and distributed for consumption by pets. (t) “Product name” means the name of the commercial feed which identifies it as to kind, class, or specific use. (u) “Quantity statement” means the net weight (mass), net volume (liquid or dry) or count. (v) “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. (w) “Specialty pet food” means any commercial feed prepared and distributed for consumption by specialty pets. (x) “Ton” means a net weight of two thousand pounds (2,000 lbs.) avoirdupois.