Section 287.523 - Definitions. - Michigan Statutes

MICHIGAN COMMERCIAL FEED LAW (EXCERPT)
Act 120 of 1975

287.523 Definitions.

Sec. 3.

As used in this act:

(a) “Brand” means a word, name, symbol, or device, or combination thereof which identifies the commercial feed of a distributor and distinguishes it from that of others.

(b) “Bulk feed” means a type of commercial feed in solid or liquid state in a nonpackaged form.

(c) “Commercial feed” means materials distributed for use as feed or for mixing in feed, for animals other than humans except:

(i) Unmixed seed, whole or mechanically altered, made directly from the entire seed, when not adulterated within the meaning of section 8.

(ii) Unground hay, straw, stover, silage, cobs, husks, and hulls when not mixed with other materials, and when not adulterated within the meaning of section 8.

(iii) Individual chemical compounds when not mixed with other materials, and when not adulterated within the meaning of section 8.

(iv) Feeds distributed and used for any domesticated animal kept as a pet which is normally confined to and maintained in a cage or tank, including but not limited to gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes, and turtles.

(d) “Customer-formula feed” means commercial feed which consists of a mixture of commercial feeds, a mixture of commercial feeds and other ingredients, or a mixture of other ingredients, each batch of which is mixed according to the specific instructions of the final purchaser.

(e) “Department” means the department of agriculture.

(f) “Director” means the director of the department of agriculture or the director's authorized agent.

(g) “Distribute” means to offer for sale, hold for sale, sell, barter, or otherwise supply commercial feed for feeding purposes. A “distributor” is a person who distributes.

(h) “Drug” means:

(i) A substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals.

(ii) A substance other than food intended to affect the structure or a function of the body of man or other animals.

(i) “Feed ingredient” means each of the constituent materials making up a commercial feed.

(j) “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.

(k) “Labeling” means labels and other written, printed, or graphic matter upon or accompanying commercial feed at any time, and includes advertising or sales literature.

(l) “Manufacture” means to process, grind, mix, package, or blend custom or commercial feed for distribution. A “manufacturer” is a person who manufactures.

(m) “Percent” or “percentage” means the percentage by weight.

(n) “Person” means an individual, partnership, association, firm, or corporation.

(o) “Product name” means the name of the commercial feed which identifies it as to kind, class, or specific use.

(p) “Retail manufacturer” means a manufacturer selling commercial feed at retail only directly to the ultimate user and not for resale, at not more than 3 places in the state as designated on the license.

(q) “Sample” means the sample of commercial feed taken by the director.

(r) “Sell” or “sale” means the exchange of ownership.

(s) “Ton” means a net weight of 2,000 pounds avoirdupois.

(t) “Wholesale manufacturer” means a manufacturer selling or distributing commercial feed at wholesale or otherwise through distributors, jobbers, dealers, or agents.

History: 1975, Act 120, Imd. Eff. June 26, 1975 ;-- Am. 1980, Act 338, Imd. Eff. Dec. 23, 1980