3.2-4800 - Definitions.
§ 3.2-4800. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Animal" means any animate being, which is not human, endowed with thepower of voluntary action.
"Brand name" means any word, name, symbol, or device, or any combinationthereof, identifying the commercial feed of a distributor or registrant anddistinguishing it from the commercial feed of other distributors orregistrants.
"Commercial feed" means any materials or combination of materials that aredistributed or intended for distribution for use as feed for animals, or formixing in feed. Commercial feed shall not include the following commodities,provided they are not adulterated as provided in § 3.2-4808: unmixed wholeseeds, raw meat, raw goats' milk, at the farm only; hay, straw, stover,silage, cobs, husks, hulls, and individual chemical compounds or substances,when not mixed or intermixed with other materials.
"Contract feeder" means a person who is an independent contractor and who:(i) feeds commercial feed to animals pursuant to a contract; (ii) is providedsuch commercial feed by a licensed distributor; and (iii) receivesremuneration as determined all or in part by the amount of feed consumption,mortality, profits, or amount or quality of production.
"Custom mix feed" means a feed for which the customer provides ingredients.
"Customer-formula feed" means commercial feed that consists of a mixture ofcommercial feeds, or feed ingredients, or a combination of both commercialfeeds and feed ingredients, each batch being manufactured according to thespecific instructions of the final purchaser.
"Distribute" means to: (i) offer or expose for sale, sell, warehouse,exchange, or barter commercial feed; or (ii) supply, furnish, or otherwiseprovide commercial feed to a contract feeder.
"Distributor" means any person who distributes commercial feed.
"Drug" means any article intended for use in the diagnosis, cure,mitigation, treatment, or prevention of disease in animals and articles otherthan commercial feed intended to affect the structure or any function of theanimal body.
"Feed ingredient" means each of the constituent materials making up acommercial feed.
"Guarantor" means any person whose name appears on the label of acommercial feed.
"Label" means 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 bulk commercial feed, orcustomer-formula feed, is distributed.
"Labeling" means all labels and other written, printed, or graphic matter:(i) upon a commercial feed or any of its containers or wrapper; or (ii)accompanying such commercial feed.
"Licensee" means the person who receives a license to distribute commercialfeed under the provisions of this chapter.
"Manufacture" means to grind, mix or blend feed ingredients, or furtherprocess a commercial feed for distribution.
"Manufacturer" means any person who manufactures commercial feed.
"Medicated feed" means a commercial feed obtained by mixing a commercialfeed and a drug.
"Mineral feed" means a commercial feed intended to supply primarily mineralelements or inorganic nutrients.
"Official analysis" means the analysis of an official sample made by theCommissioner.
"Official sample" means a sample of feed taken by the Commissioner anddesignated as "official" by the Board.
"Percent" or "percentages" means percentage by weight.
"Pet food" means any commercial feed prepared and distributed forconsumption by cats and dogs.
"Product name" means the name of the commercial feed that identifies it asto kind, class, or specific use.
"Quantity statement" means the net weight (mass), net volume (liquid ordry), count or other form of measurement of a commodity.
"Small package commercial feed" means commercial feed distributed inindividual packages of 10 pounds or less.
"Specialty pet" means any domesticated animal usually maintained in a cageor tank, including gerbils, hamsters, canaries, psittacine birds, mynahs,finches, tropical fish, goldfish, snakes and turtles. Specialty pet does notinclude dogs, cats, horses, rabbits, and wild birds.
"Specialty pet food" means any commercial feed prepared and distributed forconsumption by specialty pets.
"Stop sale, use, removal or seizure order" means an order that prohibitsthe distributor from selling, relocating, using, or disposing of a lot ofcommercial feed or portion thereof, in any manner, until the Commissioner oran appropriate court, gives written permission to sell, relocate, use, ordispose of the lot of commercial feed or portion thereof.
"Ton" means a unit of 2,000 pounds avoirdupois weight.
(1994, c. 743, § 3.1-828.2; 2008, c. 860.)