§ 4.1-41-01 — Definitions

In this chapter, unless the context otherwise requires:
1. "Brand name" means any word, name, symbol, or device, used singly or in
combination, that identifies commercial feed and distinguishes it from that of all others.
2. "Commercial feed" means any materials, used singly or in combination, which are
distributed, or are intended to be distributed, for use as feed or for mixing in feed,
except:
a. Unmixed whole seeds and unmixed physically altered seeds, provided the seeds
are not chemically changed or adulterated;
b. Commodities such as hay, straw, stover, silage, cobs, husks, and hulls, provided
the commodities are:
(1) Not intermixed or mixed with other materials;
(2) Not adulterated; and
(3) Specifically exempted by the commissioner;
c. Individual chemical compounds or substances, provided the chemical compounds
or substances are:
(1) Not intermixed or mixed with other materials;
(2) Not adulterated; and
(3) Specifically exempted by the commissioner; and
d. Unprocessed grain screenings or unprocessed mixed grain screenings, provided:
(1) The distributor does not make oral or written reference to the nutritional
value of the screenings;
(2) The screenings are not adulterated; and
(3) The screenings are specifically exempted by the commissioner.
3. "Commissioner" means the agriculture commissioner or the commissioner's designee.
4. "Contract feeder" means an independent contractor that feeds commercial feed to
animals pursuant to a contract under which the commercial feed is supplied, furnished,
or otherwise provided to the independent contractor and the independent contractor's
remuneration is determined in whole or in part by feed consumption, mortality, profits,
or the amount or quality of the product.
5. "Customer-formula feed" means a commercial feed that is manufactured according to
the specific instructions of the final purchaser.
6. "Distribute" means to:
a. Offer for sale, sell, exchange, or barter commercial feed or customer-formula
feed; or
b. Supply, furnish, or otherwise provide commercial feed or customer-formula feed
to a contract feeder.
7. "Drug" means any article:
a. Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of
disease in an animal other than a human; and
b. Other than feed, intended to affect the structure or function of an animal's body.
8. "Feed ingredient" means each of the constituent materials making up a commercial
feed.
9. "Guarantor" means the person whose name and principal mailing address appear on a
feed label and who is responsible for guaranteeing the information contained on the
label.
10. "Label" means any written, printed, or graphic information on or attached to a
commercial feed or customer-formula feed container or its wrapper, or the written
information accompanying the distribution of commercial feed or customer-formula
feed, including the invoice or delivery slip.
11. "Labeling" means the written, printed, or graphic information accompanying the
distribution of commercial feed or customer-formula feed, including promotional

materials distributed to market the feed and statements and promotions through radio,
television, or internet interface, or on an organization's website.
12. "Manufacture" means to grind, mix, blend, or further process a commercial feed for
distribution.
13. "Mineral feed" means a commercial feed intended to supply primarily mineral elements
or inorganic nutrients.
14. "Official sample" means any feed taken by the commissioner in accordance with
section 4.1-41-13.
15. "Percent" or "percentage" means a rate determined by weight.
16. "Pet food" means any commercial feed prepared and distributed for consumption by
dogs or cats.
17. "Product name" means a term that identifies a commercial feed as to its kind, class, or
specific use and which distinguishes that feed from all other products bearing the
same brand name.
18. "Quantity statement" means the net weight, mass, volume, or count of the feed.
19. "Specialty pet food" means a commercial feed prepared and distributed for
consumption by domesticated animals, not including dogs or cats, normally maintained
in a cage or a tank.
20. "Ton" means a net weight of two thousand pounds avoirdupois [907.18 kilograms].