N.Y. Agriculture & Markets Law § 128: Definitions

§ 128. Definitions. As used in this article, unless otherwise

expressly stated, or unless the content or subject matter otherwise

requires:

1. "Commissioner" means the commissioner of agriculture and markets.

2. "Department" means the department of agriculture and markets.

3. "Person" means any person, firm, partnership, corporation or

association.

4. "Distribute" means to offer for sale, sell, exchange, or barter

commercial feed; or to supply, furnish, or otherwise provide commercial

feed to a contract feeder.

5. "Distributor" means any person who distributes.

6. "Feed" means all edible materials which are consumed by animals and

contribute energy or nutrients to the animal's diet.

7. "Commercial feed" means all materials except unmixed whole seeds or

physically altered entire unmixed seeds, when not adulterated within the

meaning of subdivision one of section one hundred thirty-two of this

article, which are distributed for use as feed or for mixing in feed,

and includes pet food and specialty pet food. Provided, however, the

commissioner by regulation may exempt from this definition, or from

specific provisions of this article, commodities such as hay, straw,

stover, silage, cobs, husks, hulls, and individual chemical compounds or

substances when such commodities, compounds or substances are not

inter-mixed or mixed with other materials, and are not adulterated

within the meaning of subdivision one of section one hundred thirty-two

of this article.

8. "Pet" means any domesticated animal normally maintained in or near

the household(s) of the owner(s) thereof.

9. "Pet food" means any commercial feed prepared and distributed for

consumption by pets.

10. "Specialty pet" means any domesticated pet normally maintained in

a cage or tank, such as, but not limited to, gerbils, hamsters,

canaries, psittacine birds, mynahs, finches, tropical fish, goldfish,

snakes and turtles.

11. "Specialty pet food" means any commercial feed prepared and

distributed for consumption by specialty pets.

12. "Contract feeder" means a person who, as an independent

contractor, feeds commercial feed to animals pursuant to a contract

whereby such commercial feed is supplied, furnished or otherwise

provided to such person and whereby such person's remuneration is

determined all or in part by feed consumption, mortality, profits, or

amount or quality of product.

13. "Registrant" means any person who has registered a commercial feed

manufacturing facility or brand of pet food or specialty pet food

pursuant to the provisions of section one hundred twenty-nine of this

article.

13-a. "Licensee" means any person who has licensed a commercial feed

manufacturing facility pursuant to section one hundred twenty-eight-a of

this article.

14. "Brand" means each commercial feed identified by and differing

from others either in name, trademark, descriptive designation or other

method or marking, composition or guaranteed analysis.

15. "Feed ingredient" means each of the constitutent materials making

up a commercial feed.

16. "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 feed intended to affect the structure or any

function of the animal body.

17. "Customer-formula feed" means commercial feed which consists of a

mixture of commercial feeds and/or feed ingredients, each batch of which

is manufactured according to the specific instructions of the final

purchaser, including feed mixed from components supplied by the

purchaser.

18. "Manufacture" means to grind, mix or blend, or further process a

commercial feed for distribution.

19. "Brand name" means any word, name, symbol or device, or any

combination thereof, identifying the commercial feed of a distributor or

registrant and distinguishing it from that of others.

20. "Product name" means the name of the commmercial feed which

identifies it as to kind, class, or specific use.

21. "Label" 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 commercial feed is

distributed.

22. "Labeling" means any and all labels and other written, printed or

graphic matter (a) upon a commercial feed or any of its containers or

wrappers or (b) accompanying such commercial feed.

23. "Official sample" means a sample of feed taken by the commissioner

or his authorized agent in accordance with the provisions of section one

hundred thirty-five-a of this article.