5102 - Definitions.
§ 5102. Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Brand name." Any word, name, symbol or device or any combination thereof identifying the commercial feed of a distributor and distinguishing it from that of others. "Commercial feed." All materials distributed or intended to be distributed for use as feed or for mixing in feed. The term does not include unmixed whole seeds and physically altered entire unmixed seeds when the seeds are not adulterated within the meaning of section 5106 (relating to adulteration). The department by regulation may exempt from this definition or specific provisions of this chapter specific commodities, individual chemical compounds or substances when the commodities, compounds or substances are not mixed with other materials and are not adulterated within the meaning of section 5106. "Contract feed." Commercial feed provided to a contract feeder. "Contract feeder." A person who as an independent contractor feeds commercial feed to animals pursuant to a contract whereby the commercial feed is supplied, furnished or otherwise provided to the person and whereby the person's remuneration is determined all or in part by feed consumption, mortality, profits or amount or quality of product. "Customer-formula feed." Commercial feed consisting of a mixture of commercial feeds or feed ingredients or both, each batch of which is manufactured according to the specific instructions of the final purchaser. "Distribute." To offer for sale, sell or barter commercial feed or customer-formula feeds or to supply, furnish or otherwise provide commercial feed or customer-formula feed to a contract feeder. "Distributor." Any person who distributes commercial feed or customer-formula feed. "Drug." Any article intended for use in the prevention, diagnosis, cure, mitigation or treatment of disease in animals other than man and articles other than feed intended to affect the structure or any function of the animal body. "Exempted material." Any commodity, individual chemical compound or substance specifically exempted from the definition of commercial feed. "Facility." Each separate mill or plant, fixed or mobile, or distributor of commercial feed or customer-formula feed. "Feed ingredient." Each of the constituent materials making up a commercial feed. "Guarantor." The person, including a manufacturer or distributor, whose name appears on the label of commercial feed. "Label." A display of written, printed or graphic matter upon or affixed to the container in which a commercial feed is distributed or on the invoice or delivery slip with which a commercial feed or customer-formula feed is distributed. "Labeling." All labels and other written, printed or graphic matter: (1) appearing upon a commercial feed or any of its containers or wrappers; or (2) used in promoting the distribution of commercial feed. "Manufacture." To grind, mix, blend, repackage or further process a commercial feed for distribution. "Mineral feed." A substance or mixture of substances designed or intended to supply primarily mineral elements or inorganic nutrients. "Official sample." Any sample of feed taken by the department in accordance with section 5108 (relating to inspection, sampling and analysis). "Percentage." Percentage by weight. "Pet." Any domesticated animal normally maintained in or near the household of the owner thereof. "Pet food." Any commercial feed prepared and distributed for consumption by pets. "Portable grinding mill." An apparatus or machine, so constructed as to be moved from place to place and not located in a permanent place, used and employed as a food or feed grinder or mill to manufacture commercial feed. "Product name." The name of the commercial feed which identifies it as to kind, class or specific use. "Repackage." To change the container, wrapper or labeling of any commercial feed package to further its distribution from the original place of manufacture. "Sale." Includes exchange. "Ton." A net weight of 2,000 pounds avoirdupois.