266.160. Definitions.

Definitions.

266.160. When used in sections 266.152 to 266.220 the following termsmean:

(1) "Brand name", any word, name, symbol, or device, or anycombination thereof, identifying the commercial feed of a distributor,manufacturer or guarantor and distinguishing it from that of others;

(2) "Commercial feed", all materials or combinations of materialswhich are distributed or intended for distribution for use as feed or formixing in feed, unless such materials are specifically exempted by thedirector. Unmixed whole seeds and physically altered entire unmixed seeds,when such whole or physically altered seeds are not chemically changed orare not adulterated within the meaning of subsection 1 of section 266.180,as well as wild bird seed, are exempt from the definition of commercialfeed. The director by rule may exempt from this definition or fromspecific provisions of sections 266.152 to 266.220, commodities such ashay, straw, stover, silage, cobs, husks, hulls, and individual chemicalcompounds or substances when such commodities, compounds or substances arenot intermixed with other materials and are not adulterated within themeaning of subsection 1 of section 266.180. Commercial feed shall notinclude feed that is manufactured, distributed and consumed by themanufacturer's own livestock;

(3) "Consultant-formulated feed", commercial feed manufactured for afinal purchaser based upon a* formula and/or specifications developed forthe feed purchaser by an independent consultant or feed manufacturer;

(4) "Customer-formula feed", commercial feed which consists of amixture of commercial feeds or feed ingredients or both, each batch ofwhich is manufactured according to the specific instructions of the finalpurchaser;

(5) "Department", the Missouri department of agriculture;

(6) "Director", the director of the Missouri department ofagriculture;

(7) "Distribute", to offer for sale, sell, exchange, or barter,commercial feed; or to supply, furnish, or otherwise provide commercialfeed;

(8) "Distributor", any person who distributes;

(9) "Drug", any article intended for use in the diagnosis, cure,mitigation, treatment, or prevention of disease in animals other than man,and articles other than feed intended to affect the structure or anyfunction of the animal body;

(10) "Feed ingredient", each of the constituent materials making up acommercial feed;

(11) "Independent consultant", any person who provides animalnutritional formulation to a feed purchaser for a fee rather than the saleof feed except that a veterinarian actively treating an identified animalis not an independent consultant;

(12) "Label", a display of written, printed or graphic matter upon oraffixed to the container in which a commercial feed is distributed, or onthe invoice or delivery slip with which a commercial feed is distributed;

(13) "Labeling", all labels and other written, printed or graphicmatter:

(a) Upon a commercial feed or any of its containers or wrapper; or

(b) Accompanying such commercial feed;

(14) "Manufacture", to grind, mix or blend, or further process acommercial feed for distribution;

(15) "Metric ton", a metric ton of one thousand kilograms or twothousand two hundred and four pounds avoirdupois;

(16) "Mineral feed", a commercial feed intended to supply primarilymineral elements or inorganic nutrients;

(17) "Official sample", a sample of feed taken by the director or thedirector's agent in accordance with the provisions of subsection 3, 5, 6 or9 of section 266.200;

(18) "Percent" or "percentages", percentages by weights;

(19) "Person" includes individual, partnership, corporation, andassociation;

(20) "Pet", any domesticated animal normally maintained in or nearthe household of the owner thereof;

(21) "Pet food", any commercial feed prepared and distributed forconsumption by dogs and cats;

(22) "Product name", the name of the commercial feed which identifiesit as to kind, class, or specific use;

(23) "Quantity statement", the net weight (mass), net volume (liquidor dry), or count;

(24) "Rule", an administrative rule as defined by chapter 536, RSMo,or further elaboration of a particular statute;

(25) "Specialty pet", any domesticated animal pet normally maintainedin a cage or tank, such as but not limited to gerbils, hamsters, birds,fish, and turtles;

(26) "Specialty pet food", any commercial feed prepared anddistributed for consumption by specialty pets;

(27) "Ton", a net weight of two thousand pounds avoirdupois.

(L. 1972 S.B. 506 § 4, A.L. 1997 H.B. 211, A.L. 1998 H.B. 1600)

*Word "a" does not appear in original rolls.