§ 323 - Definitions - Vermont Statutes

§ 323. Definitions

When used in this chapter:

(1) "Brand name" means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed or a distributor or registrant 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 subsection 327(a) of this title, which are distributed for use as feed or for mixing in feed. The secretary 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 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 subsection 327(a).

(3) "Customer-formula feed" means commercial feed which consists of a mixture of commercial feeds or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser.

(4) "Distribute" means to offer for sale, sell, exchange, or barter, commercial feed or to supply, furnish, or otherwise provide commercial feed.

(5) "Distributor" means any person who distributes commercial feeds.

(6) "Drug" means any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in domestic animals other than man and substances 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 is distributed.

(9) "Labeling" means all labels and other written, printed, or graphic matter upon a commercial feed or any of its containers or the wrapper accompanying the commercial feed, or advertisements, brochures, posters and television and radio announcements used in promoting the sale of the feed.

(10) "Manufacture" means to grind, mix or blend, or further process a commercial feed for distribution.

(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 secretary in accordance with the provisions of subdivision 330(3) of this title.

(13) "Percent" or "percentages" means percentages by weights.

(14) "Permitted analytical variances" means those allowances for the inherent variability in sampling and laboratory analysis.

(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" 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.

(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. (Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003.)