                                 CODE OF VIRGINIA

DEFINITIONS (§ 3.2-4800)

As used in this chapter, unless the context requires a different meaning:
		&#8220;Animal&#8221; means any animate being, which is not human, endowed with
the power of voluntary action.
		&#8220;Brand name&#8221; means any word, name, symbol, or device, or any
combination thereof, identifying the commercial feed of a distributor or
registrant and distinguishing it from the commercial feed of other distributors
or registrants.
		&#8220;Commercial feed&#8221; means any materials or combination of materials
that are distributed or intended for distribution for use as feed for animals,
or for mixing in feed. Commercial feed shall not include the following
commodities, provided they are not adulterated as provided in § 3.2-4808:
unmixed whole seeds, raw meat, raw goats&#8217; 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.
		&#8220;Contract feeder&#8221; means a person who is an independent contractor
and who: (i) feeds commercial feed to animals pursuant to a contract; (ii) is
provided such commercial feed by a licensed distributor; and (iii) receives
remuneration as determined all or in part by the amount of feed consumption,
mortality, profits, or amount or quality of production.
		&#8220;Custom mix feed&#8221; means a feed for which the customer provides
ingredients.
		&#8220;Customer-formula feed&#8221; means commercial feed that consists of a
mixture of commercial feeds, or feed ingredients, or a combination of both
commercial feeds and feed ingredients, each batch being manufactured according
to the specific instructions of the final purchaser.
		&#8220;Distribute&#8221; means to: (i) offer or expose for sale, sell,
warehouse, exchange, or barter commercial feed; or (ii) supply, furnish, or
otherwise provide commercial feed to a contract feeder.
		&#8220;Distributor&#8221; means any person who distributes commercial feed.
		&#8220;Drug&#8221; means any article intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in animals and articles other
than commercial feed intended to affect the structure or any function of the
animal body.
		&#8220;Feed ingredient&#8221; means each of the constituent materials making
up a commercial feed.
		&#8220;Guarantor&#8221; means any person whose name appears on the label of a
commercial feed.
		&#8220;Label&#8221; means 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 bulk commercial feed, or
customer-formula feed, is distributed.
		&#8220;Labeling&#8221; 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.
		&#8220;Licensee&#8221; means the person who receives a license to distribute
commercial feed under the provisions of this chapter.
		&#8220;Manufacture&#8221; means to grind, mix or blend feed ingredients, or
further process a commercial feed for distribution.
		&#8220;Manufacturer&#8221; means any person who manufactures commercial feed.
		&#8220;Medicated feed&#8221; means a commercial feed obtained by mixing a
commercial feed and a drug.
		&#8220;Mineral feed&#8221; means a commercial feed intended to supply
primarily mineral elements or inorganic nutrients.
		&#8220;Official analysis&#8221; means the analysis of an official sample made
by the Commissioner.
		&#8220;Official sample&#8221; means a sample of feed taken by the Commissioner
and designated as &#8220;official&#8221; by the Board.
		&#8220;Percent&#8221; or &#8220;percentages&#8221; means percentage by weight.
		&#8220;Pet food&#8221; means any commercial feed prepared and distributed for
consumption by cats and dogs.
		&#8220;Product name&#8221; means the name of the commercial feed that
identifies it as to kind, class, or specific use.
		&#8220;Quantity statement&#8221; means the net weight (mass), net volume
(liquid or dry), count or other form of measurement of a commodity.
		&#8220;Small package commercial feed&#8221; means commercial feed distributed
in individual packages of 10 pounds or less.
		&#8220;Specialty pet&#8221; means any domesticated animal usually maintained
in a cage or tank, including gerbils, hamsters, canaries, psittacine birds,
mynahs, finches, tropical fish, goldfish, snakes and turtles. Specialty pet does
not include dogs, cats, horses, rabbits, and wild birds.
		&#8220;Specialty pet food&#8221; means any commercial feed prepared and
distributed for consumption by specialty pets.
		&#8220;Stop sale, use, removal or seizure order&#8221; means an order that
prohibits the distributor from selling, relocating, using, or disposing of a lot
of commercial feed or portion thereof, in any manner, until the Commissioner or
an appropriate court, gives written permission to sell, relocate, use, or
dispose of the lot of commercial feed or portion thereof.
		&#8220;Ton&#8221; means a unit of 2,000 pounds avoirdupois weight.

HISTORY: 1994, c. 743, § 3.1-828.2; 2008, c. 860.