19-13.1 North Dakota Commercial Feed Law - North Dakota Statutes

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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
thereof, identifying the commercial feed of a distributor and distinguishing it from that
of others.2."Commercial feed" means all materials, except whole seeds unmixed or physically
altered entire unmixed seeds when not adulterated within the meaning of section
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
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 or mixed with other materials and are not
adulterated within the meaning of section 19-13.1-07.3."Contract feeder" means a person who, as an independent contractor, feeds
commercial feed to animals pursuant to a contract whereby such commercial feed is
supplied, furnished, or otherwise provided to 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.4."Customer-formula feed" means a mixture of commercial feeds or feed ingredients
each batch of which is mixed according to the specific instructions of the final
purchaser or contract feeder.5."Distribute" means to offer for sale, sell, exchange, or barter commercial feed or
customer-formula feed; or to supply, furnish, or otherwise provide commercial feed
or customer-formula feed to a contract feeder. "Distributor" means any person who
distributes.6."Drug" means any article intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of diseases in animals other than man and articles other
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
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 or customer-formula feed is distributed.9."Labeling" means all labels and other written, printed, or graphic matter upon a
commercial feed or any of its containers or wrapper or accompanying such
commercial feed.10."Manufacture" means to grind, mix, or blend or further process a commercial feed
for distribution.11."Mineral feed" means a substance or mixture of substances designed or intended to
supply primarily mineral elements or inorganic nutrients.Page No. 112."Official sample" means any sample of feed taken by the commissioner and
designated as "official" by the commissioner.13."Percent" or "percentage" means percentage by weight.14."Person" includes individual, partnership, corporation, limited liability company, and
association.15."Pet" means any domesticated animal normally maintained in or near the household
of the 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."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
consumption by any animal normally maintained in confinement, including gerbils,
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
this state. The application for registration must be submitted on forms furnished by
the commissioner. The application must be accompanied by a label and any other
printed matter describing each product and the registration fee of one hundred
dollars per product. Upon approval by the commissioner, a certificate of registration
must be furnished to the applicant. Registrations are not transferable. Registration
covers a two-year period beginning January first and ending December thirty-first of
every odd-numbered year. Registration renewals received after January thirty-first
must be assessed a penalty fee of ten dollars per product. Products found marketed
in this state without proper registration must be assessed the penalty fee of
twenty-five dollars.2.A distributor is not required to register any brand of pet food or specialty pet food
that is already registered under this chapter by another person.3.Each person who manufactures commercial feed or whose name appears on the
label of a commercial feed, other than pet food or specialty pet food, shall obtain a
feed manufacturer's license from the commissioner for each location. Each person
who sells commercial feed at retail, other than pet food or specialty pet food, shall
obtain a feed retailer's license from the commissioner. The license application must
be on forms furnished by the commissioner and must be accompanied by a fee of
one hundred dollars for feed manufacturers or fifty dollars for feed retailers. The
license covers a two-year period beginning January first and ending December
thirty-first of every odd-numbered year. If a manufacturer is also a retailer of feed,
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
dollars for retailers and twenty dollars for manufacturers. This subsection does not
apply to any person who custom manufactures feed only for another person at that
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
maintain a current label file of all the feeds distributed in the state with the
commissioner except custom formula feeds.5.The commissioner may refuse to register or license any product or applicant not in
compliance with the provisions of this chapter and to cancel any registration or
license subsequently found not to be in compliance with any provision of this
chapter; provided, however, that no registration or license may be refused or
canceled until the registrant or licensee has been given opportunity to be heard
before the commissioner and to amend the application in order to comply with the
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,