- (a) “Mineral feed” means a commercial feed intended to supply primarily mineral elements or inorganic nutrients for animal nutrition.
- (b) “Official sample” means a sample of commercial feed taken by the secretary or his agent for regulatory purposes.
- (c) “Process” means any treatment that changes a feed ingredient so that it can no longer be restored to its previous form.
(d) “Recognized official name” means those official common or usual feed ingredient names defined in Article 14 of this subchapter, provided that the common English name shall be used for common foods.
- (e) “Food additive” has the same meaning as defined in the Food, Drug and Cosmetics Act 21, United States Code, section 321(s).
- (f) “Sell” includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade.
(g) “Inert material” means ingredients that are not assimilated in the digestive process, including but not limited to sand, granite grit, charcoal and clay.
- (h) “Prohibited Mammalian Tissue” is any protein-containing portion of mammalian animals, excluding: blood and blood products, gelatin, inspected meat products which have been cooked and offered for human food and further heat processed for feed (such as plate waste and used cellulosic food casings), milk products (milk and milk proteins), and any product whose only mammalian protein consists entirely of porcine or equine protein; or any material specified in Title 21, Code of Federal Regulations (CFR) Parts 589.2000 and 589.2001, April 1, 2022, hereby incorporated by reference.
- (i) “Aflatoxins” means aflatoxin B1, aflatoxin B2, aflatoxin G1 and aflatoxin G2, collectively.
- (j) “By-product” means a product produced in addition to the principal product, may be produced during processing, rejected as inferior during the process of grading or separating, or is produced via an industrial or biological process.
- (k) “Manufacturing/processing” means making animal food from one or more ingredients, or synthesizing, preparing, treating, modifying, or manipulating animal food, including food crops or ingredients. Examples of manufacturing/processing activities include: Baking, boiling, bottling, canning, cooking, cooling, cutting, distilling, drying/dehydrating raw agricultural commodities to create a distinct commodity (such as drying/dehydrating grapes to produce raisins), evaporating, eviscerating, extracting juice, extruding, formulating, freezing, grinding, homogenizing, irradiating, labeling, milling, mixing, packaging (including modified atmosphere packaging), pasteurizing, peeling, pelleting, rendering, treating to manipulate ripening, trimming, washing, or waxing. For farms and farm mixed-type facilities, manufacturing/processing does not include activities that are part of harvesting, packing, or holding.
- (l) “Bulk” means commercial feed distributed in nonpackaged form or in a container containing more than 50 kilograms or 110 pounds.
- (m) “Packaged” means commercial feed distributed in packaged form or in a container containing equal to or less than 50 kilograms or 110 pounds.
- (n) “Mixed feed” has the same meaning as formula feed as defined under Food and Agricultural Code Section 14930.
(o) “Custom formula feed” means:
- (1) Special mix as defined under Food and Agricultural Code Section 14938, or
- (2) Any commercial feed which is manufactured, processed, or mixed pursuant to specifications which are agreed upon by the purchaser's nutritionist and the manufacturer.
- (p) “Complete feed” means a nutritionally adequate commercial feed for animals other than man. By specific formula, it is compounded to be fed as the sole ration and is capable of maintaining life and/or promoting production without any additional substance being consumed except water.
- (q) “Low nutrition ingredients” means ingredients that are not well assimilated in the digestive tract and/or provide minimal energy and nutrition to the animal. They contain (on a dry matter basis) less than seven percent crude protein and greater than 50 percent acid detergent fiber including, but not limited to rice hulls, almond shell, cottonseed hulls, sunflower hulls, and wheat straw.
- (r) “Premix” means a concentrated uniform mixture of one or more micro-ingredients, such as vitamins and minerals, and diluent and/or carrier which must be diluted through further manufacturing prior to feeding. Premixes are used to facilitate uniform dispersion of the micro-ingredients in a large mix.
- (s) “Common foods” are commercially available and suitable for use in animal food but are not defined, including but not limited to certain whole seeds, vegetables, or fruits. Common food for animals may include common human foods that are known to be safe for the intended use in animal food. Manufacturers are responsible for determining whether a common food is safe and has utility for its intended use prior to commercial distribution as animal food.
Unless otherwise apparent from the context, the following definitions apply to this subchapter:
Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14902.1, 14925, 14930, 14938, 14991, 14992(e), 15011 and 15042, Food and Agricultural Code.
History
1. Repealer of Group 2 (Secs. 2675-2815 not consecutive) and new Group 2 (Secs. 2675-2802), filed 6-13-73; effective thirtieth day thereafter (Register 73, No. 24). For history of former Group 2, see Registers 59, No. 8; 67, No. 46; 68, No. 2; 70, No. 3 and 71, No. 4.
2. Repealer of subsections (a)-(c), (g)-(j), (l), (m) and (o), and relettering and amendment of subsections (d)-(f), (k), (n) and (p) to subsections (a)-(f) filed 7-2-82; effective thirtieth day thereafter (Register 82, No. 27).
3. Amendment of subsection (a) and new subsection (g) filed 7-17-97; operative 8-16-97 (Register 97, No. 29).
4. Amendment of subsection (b), new subsection (h) and amendment of Note filed 1-30-2002; operative 1-30-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 5).
5. New subsection (i) filed 1-4-2010; operative 2-3-2010 (Register 2010, No. 2).
6. Amendment of article heading and new subsections (j)-(k) filed 3-29-2022; operative 3-29-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 13). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
7. Amendment of subsection (h) filed 10-13-2022; operative 1-1-2023 (Register 2022, No. 41).
8. Amendment of first paragraph and subsection (d), new subsections (l)-(o)(2) and amendment of Note filed 7-18-2024; operative 10-1-2024 (Register 2024, No. 29).
9. Amendment of subsections (d) and (g) and new subsections (p)-(s) filed 11-12-2024 as an emergency; operative 11-12-2024 (Register 2024, No. 46). A Certificate of Compliance must be transmitted to OAL by 5-12-2025 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsections (d) and (g) and new subsections (p)-(s) refiled 5-12-2025 as an emergency; operative 5-12-2025 (Register 2025, No. 20). A Certificate of Compliance must be transmitted to OAL by 8-6-2025 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 5-12-2025 order, including amendment of Note, transmitted to OAL 6-10-2025 and filed 7-1-2025; amendments effective 7-1-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 27).