As used in this article, unless the context otherwise requires:

1. (1) Brand name means any word, name, symbol, device, or any combination thereof that identifies the commercial feed of a distributor or labeler and distinguishes it from that of other distributors or labelers.
2. (2) Commercial feed means all materials or combination of materials that are distributed or intended for distribution for use as feed or for mixing in feed, unless such materials are specifically exempted. Commercial feed does not include unmixed whole seeds or grains, as identified in the United States grain standards, and physically altered entire unmixed seeds, when such whole or physically altered seeds are not chemically changed or are not adulterated as described in section 35-60-107. The commissioner by rule may exempt from this definition, or from specific provisions of this article, commodities such as hay, straw, stover, silage, cobs, husks, hulls, meat, and other portions of animal carcasses in their raw or natural state that have not been further processed, except by denaturing, when such commodities are not intermixed with other materials and are not adulterated as described in section 35-60-107.
3. (3) Commissioner means the commissioner of agriculture or the commissioner's authorized agent.
4. (3.5) Contract feeder means a person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract whereby such person's remuneration is determined wholly or partially by feed consumption, mortality, profits, or amount or quality of product.
5. (4) Customer-formula feed means commercial feed that 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.
6. (5) Department means the department of agriculture and includes the state agricultural commission, the commissioner of agriculture, and all agents and employees of the department.
7. (6) Distribute means to sell, offer to sell, exchange, barter, supply, furnish, or otherwise provide commercial feed. Distribute does not include sales of commercial feed by a contract feeder as a part of a custom feeding agreement.
8. (7) Distributor means any person who distributes commercial feed in this state.

9. (8) Drug means either of the following:

   1. (a) Any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans; or
   2. (b) Any article, other than a feed, intended to affect the structure or any function of an animal's body.
10. (9) Feed means any substance that is intended for use as food for animals other than humans. Feed includes commercial feed and feed ingredients.
11. (9.5) Feeder means any person who provides feed directly to any cattle, sheep, goats, swine, poultry, or any other animals if such animals are raised to produce human food. Feeder includes a contract feeder.
12. (10) Feed ingredient means a constituent material used in the manufacture of a feed that becomes part of the feed.
13. (11) Label means a display of written, printed, or graphic matter upon or affixed to the immediate container of any feed or on the invoice or delivery slip with which a feed is distributed.
14. (12) Labeling means all labels and other written, printed, or graphic matter upon a feed or any of its containers or wrappers or that accompany the feed or are otherwise published or communicated in any manner by a distributor of such feed.
15. (13) Manufacture means to grind, mix, blend, or further process a feed.
16. (14) Noxious weed seed means the seed produced from plants that have been designated by the commissioner as being noxious due to such plants negative effects on natural and agricultural ecosystems.
17. (15) Official sample means a sample of feed taken by the commissioner in accordance with the provisions of section 35-60-110.
18. (16) Person means an individual, partnership, corporation, limited liability company, cooperative, business trust, business association, or entity.
19. (17) Product name means the name of the commercial feed that identifies it as to kind, class, or specific use and distinguishes it from all other products bearing the same brand name.
20. (18) Quantity statement means the declaration of the net weight or mass, net volume of liquid or dry material, or count.
21. (19) Ton means a net weight of two thousand pounds.

Source: L. 99: Entire article R&RE, p. 565, § 1, effective January 1, 2000. L. 2007: (3.5) and (9.5) added and (6), (10), (11), (12), and (13) amended, p. 991, § 2, effective May 22.

Editor's note: This section is similar to former § 35-60-102 as it existed prior to 1999.