2012 New York Consolidated Laws
AGM - Agriculture & Markets
Article 8 - (128 - 135-G) MANUFACTURE AND DISTRIBUTION OF COMMERCIAL FEED
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.