4-12-2 - Definitions.
4-12-2. Definitions.
As used in this chapter:
(1) "Adulterated commercial feed" means any commercial feed:
(a) (i) that contains any poisonous or deleterious substance that may render it injurious tohealth;
(ii) that contains any added poisonous, added deleterious, or added nonnutritivesubstance that is unsafe within the meaning of 21 U.S.C. Sec. 346, other than a pesticidechemical in or on a raw agricultural commodity or a food additive;
(iii) that contains any food additive or color additive that is unsafe within the meaning of21 U.S.C. Sec. 348 or 379e;
(iv) that contains a pesticide chemical in or on a raw agricultural commodity which isunsafe within the meaning of 21 U.S.C. Sec. 346a unless it is used in or on the raw agriculturalcommodity in conformity with an exemption or tolerance prescribed under 21 U.S.C. Sec. 346aand is subjected to processing such as canning, cooking, freezing, dehydrating, or milling, so thatthe residue, if any, of the pesticide chemical in or on such processed feed is removed to theextent possible through good manufacturing practices as prescribed by rules of the department sothat the concentration of the residue in the processed feed is not greater than the toleranceprescribed for the raw agricultural commodity in 21 U.S.C. Sec. 346a;
(v) that contains viable weed seeds in amounts exceeding limits established by rule of thedepartment; or
(vi) that contains a drug that does not conform to good manufacturing practice asprescribed by federal regulations promulgated under authority of the Federal Food, Drug, andCosmetic Act, 21 U.S.C. Sec. 301 et seq., for medicated feed premixes and for medicated feedsunless the department determines that such regulations are not appropriate to the conditions thatexist in this state; or
(b) that has a valuable constituent omitted or abstracted from it, in whole or in part, or itscomposition or quality falls below or differs from that represented on its label or in labeling.
(2) "Brand name" means any word, name, symbol, or device that identifies the distributoror registrant of a commercial feed.
(3) "Commercial feed" means all materials, except unadulterated whole unmixed seedsor unadulterated physically altered entire unmixed seeds, that are distributed for use as feed or formixing in feed; provided, that the department may exempt from this definition by rule, or fromspecific sections of this chapter, commodities such as hay, straw, stover, silage, cobs, husks,hulls, and individual chemical compounds or substances if the commodities, compounds, orsubstances are not inter-mixed or mixed with other materials, and are not adulterated within themeaning of Subsection (1)(a).
(4) "Customer-formula feed" means commercial feed that consists of a mixture ofcommercial feeds or feed ingredients manufactured according to the specific instructions of thefinal purchaser.
(5) "Distribute" means to:
(a) offer for sale, sell, exchange, or barter commercial feed; or
(b) supply, furnish, or otherwise provide commercial feed to a contract feeder.
(6) "Drug" means any article intended for use in the diagnosis, cure, mitigation,treatment, or prevention of disease in animals other than man and articles other than feedintended to affect the structure or any function of the animal body.
(7) "Feed ingredient" means each constituent material in a commercial feed.
(8) "Label" means any written, printed, or graphic matter upon or accompanying acommercial feed.
(9) "Manufacture" means to grind, mix, blend, or otherwise process a commercial feedfor distribution.
(10) "Mineral feed" means a commercial feed intended to supply primarily mineralelements or inorganic nutrients.
(11) "Misbranded" means any commercial feed, whether in a container or in bulk, thatbears a label that is false or misleading in any particular, or that bears a label that does not strictlyconform to the labeling requirements of Section 4-12-5.
(12) "Official sample" means a sample of commercial feed taken by the department anddesignated as "official."
(13) "Percent" or "percentage" means percentage by weight.
(14) "Ton" means a net weight of two thousand pounds avoirdupois.
Amended by Chapter 179, 2007 General Session