§ 128 — Definitions

§ 128. Definitions. As used in this article, unless otherwise\nexpressly stated, or unless the content or subject matter otherwise\nrequires:\n 1. "Commissioner" means the commissioner of agriculture and markets.\n 2. "Department" means the department of agriculture and markets.\n 3. "Person" means any person, firm, partnership, corporation or\nassociation.\n 4. "Distribute" means to offer for sale, sell, exchange, or barter\ncommercial feed; or to supply, furnish, or otherwise provide commercial\nfeed to a contract feeder.\n 5. "Distributor" means any person who distributes.\n 6. "Feed" means all edible materials which are consumed by animals and\ncontribute energy or nutrients to the animal's diet.\n 7. "Commercial feed" means all materials except unmixed whole seeds or\nphysically altered entire unmixed seeds, when not adulterated within the\nmeaning of subdivision one of section one hundred thirty-two of this\narticle, which are distributed for use as feed or for mixing in feed,\nand includes pet food and specialty pet food. Provided, however, the\ncommissioner by regulation may exempt from this definition, or from\nspecific provisions of this article, commodities such as hay, straw,\nstover, silage, cobs, husks, hulls, and individual chemical compounds or\nsubstances when such commodities, compounds or substances are not\ninter-mixed or mixed with other materials, and are not adulterated\nwithin the meaning of subdivision one of section one hundred thirty-two\nof this article.\n 8. "Pet" means any domesticated animal normally maintained in or near\nthe household(s) of the owner(s) thereof.\n 9. "Pet food" means any commercial feed prepared and distributed for\nconsumption by pets.\n 10. "Specialty pet" means any domesticated pet normally maintained in\na cage or tank, such as, but not limited to, gerbils, hamsters,\ncanaries, psittacine birds, mynahs, finches, tropical fish, goldfish,\nsnakes and turtles.\n 11. "Specialty pet food" means any commercial feed prepared and\ndistributed for consumption by specialty pets.\n 12. "Contract feeder" means a person who, as an independent\ncontractor, feeds commercial feed to animals pursuant to a contract\nwhereby such commercial feed is supplied, furnished or otherwise\nprovided to such person and whereby such person's remuneration is\ndetermined all or in part by feed consumption, mortality, profits, or\namount or quality of product.\n 13. "Registrant" means any person who has registered a commercial feed\nmanufacturing facility or brand of pet food or specialty pet food\npursuant to the provisions of section one hundred twenty-nine of this\narticle.\n 13-a. "Licensee" means any person who has licensed a commercial feed\nmanufacturing facility pursuant to section one hundred twenty-eight-a of\nthis article.\n 14. "Brand" means each commercial feed identified by and differing\nfrom others either in name, trademark, descriptive designation or other\nmethod or marking, composition or guaranteed analysis.\n 15. "Feed ingredient" means each of the constitutent materials making\nup a commercial feed.\n 16. "Drug" means any article intended for use in the diagnosis, cure,\nmitigation, treatment or prevention of disease in animals other than man\nand articles other than feed intended to affect the structure or any\nfunction of the animal body.\n 17. "Customer-formula feed" means commercial feed which consists of a\nmixture of commercial feeds and/or feed ingredients, each batch of which\nis manufactured according to the specific instructions of the final\npurchaser, including feed mixed from components supplied by the\npurchaser.\n 18. "Manufacture" means to grind, mix or blend, or further process a\ncommercial feed for distribution.\n 19. "Brand name" means any word, name, symbol or device, or any\ncombination thereof, identifying the commercial feed of a distributor or\nregistrant and distinguishing it from that of others.\n 20. "Product name" means the name of the commmercial feed which\nidentifies it as to kind, class, or specific use.\n 21. "Label" means a display of written, printed or graphic matter upon\nor affixed to the container in which a commercial feed is distributed,\nor on the invoice or delivery slip with which a commercial feed is\ndistributed.\n 22. "Labeling" means any and all labels and other written, printed or\ngraphic matter (a) upon a commercial feed or any of its containers or\nwrappers or (b) accompanying such commercial feed.\n 23. "Official sample" means a sample of feed taken by the commissioner\nor his authorized agent in accordance with the provisions of section one\nhundred thirty-five-a of this article.\n