§ 323. Definitions
As used in this chapter:
(1) “Dosage form animal health product” means any product intended to affect the structure
or function of the animal’s body or enhance or support the health or well-being of
livestock, poultry, dogs, cats, or other domestic animals that does not provide nutritional
benefit, does not require a prescription from a licensed veterinarian, is not intended
for cosmetic purposes, or is exempted by the Secretary by rule. “Dosage form animal
health product” shall not include a product regulated by the U.S. Food and Drug Administration
as a drug.
(2) “Brand name” means any word, name, symbol, or device, or any combination thereof,
identifying the commercial feed, feed supplement, dosage form animal health product,
or a distributor or registrant and distinguishing it from that of others.
(3) “Commercial feed” means all materials except whole seeds unmixed or physically altered
entire unmixed seeds, when not adulterated within the meaning of subsection 327(a) of this title, that are distributed for use as feed or for mixing in feed. The Secretary by regulation
may exempt from this definition, or from specific provisions of this chapter, commodities
such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds
or substances when such commodities, compounds, or substances are not intermixed or
mixed with other materials and are not adulterated within the meaning of subsection 327(a) of this title.
(4) “Customer-formula feed” means commercial feed that consists of a mixture of commercial
feeds or feed ingredients, each batch of which is manufactured according to the specific
instructions of the final purchaser.
(5) “Distribute” means to offer for sale, sell, exchange, or barter commercial feed, feed
supplements, or dosage form animal health products or to supply, furnish, or otherwise
provide commercial feed, feed supplements, or dosage form animal health products through
any means, including sales outlets, catalogues, the telephone, the internet, or any
electronic means.
(6) “Distributor” means any person who distributes commercial feeds, feed supplements,
or dosage form animal health products.
(7) “Drug” means any substance intended for use in the diagnosis, cure, mitigation, treatment,
or prevention of disease in domestic animals other than humans and substances other
than feed intended to affect the structure or any function of the animal body.
(8) “Feed ingredient” means each of the constituent materials making up a commercial feed.
(9) “Feed supplement” means a material used with another to improve the nutritive balance
or performance of the total and intended to be fed undiluted as a supplement to other
feeds or offered free choice with other parts of the ration separately available or
further diluted and mixed to produce a complete feed.
(10) “Label” means a display of written, printed, or graphic matter upon or affixed to
the container in which a commercial feed, feed supplement, or dosage form animal health
product is distributed or on the invoice or delivery slip with which a commercial
feed, feed supplement, or dosage form animal health product is distributed.
(11) “Labeling” means all labels and other written, printed, or graphic matter upon a commercial
feed, feed supplement, or dosage form animal health product or any of its containers;
the wrapper accompanying the commercial feed, feed supplement, or dosage form animal
health product; or advertisements, brochures, posters, electronic media, the internet,
and television and radio announcements used in promoting the sale of the commercial
feed, feed supplement, or dosage form animal health product.
(12) “Manufacture” means to produce, grind, mix, or blend or further process a commercial
feed, feed supplement, or dosage form animal health product for distribution.
(13) “Mineral feed” means a commercial feed intended to supply primarily mineral elements
or inorganic nutrients.
(14) “Official sample” means a sample of feed taken by the Secretary in accordance with
the provisions of subdivision 330(3) of this title.
(15) “Percent” or “percentages” means percentages by weights.
(16) “Permitted analytical variances” means those allowances for the inherent variability
in sampling and laboratory analysis.
(17) “Pet” means any domesticated animal normally maintained in or near the household of
the owner.
(18) “Pet food” means any commercial feed prepared and distributed for consumption by pets.
(19) “Product” means the name of the commercial feed, feed supplement, or dosage form animal
health product that identifies it as to kind, class, or specific use.
(20) “Specialty pet” means any domesticated animal pet normally maintained in a cage or
tank.
(21) “Specialty pet food” means any commercial feed prepared and distributed for consumption
by specialty pets.
(22) “Ton” means a net weight of 2,000 pounds avoirdupois. (Added 1985, No. 126 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 41, § 9; 2023, No. 6, § 36, eff. July 1, 2023.)