Florida Statutes 580.081 – Misbranding
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Terms Used In Florida Statutes 580.081
- Commercial feed: means all materials or combinations of materials that are distributed or intended to be distributed for use as feed or for mixing in a feed for animals other than humans, except:(a) Unmixed whole seeds, including physically altered entire unmixed seeds, when such seeds are not chemically changed or are not adulterated within the meaning of…. See Florida Statutes 580.031
- Department: means the Department of Agriculture and Consumer Services. See Florida Statutes 580.031
- Distribute: means to offer for sale, sell, barter, or exchange commercial feed or feedstuff or to supply, furnish, or otherwise provide commercial feed or feedstuff for use by any consumer or customer in the state. See Florida Statutes 580.031
- Feedstuff: means edible materials, other than commercial feed, which are distributed for animal consumption and which contribute energy or nutrients, or both, to an animal diet. See Florida Statutes 580.031
- Ingredient: means each of the constituent materials used to make a commercial feed. See Florida Statutes 580.031
- Label: means a display of written, printed, or graphic matter upon or affixed to the container in which a product is distributed, or on the invoice accompanying the product. See Florida Statutes 580.031
- Labeling: means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers, or accompanying commercial feed or feedstuff. See Florida Statutes 580.031
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Registrant: means any person issued a master registration by the department. See Florida Statutes 580.031
No person shall distribute misbranded commercial feed or feedstuff. A commercial feed or feedstuff shall be deemed to be misbranded:(1) If its labeling is false or misleading in any particular.(2) If it is distributed under the name of another commercial feed or feedstuff.(3) If it is not labeled as required by this chapter or the rules promulgated hereunder.(4) If it does not conform to the definition of identity and standard of quality as prescribed by rule.(5) If any word, statement, or other information required by this chapter to appear on the label or labeling is not prominently and conspicuously placed thereon in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.(6) If it is not appropriate for its intended or purported use.(7) If a nutrient test, conducted by a laboratory certified in nutrient testing, on a sample of commercial feed or feedstuff from a given registrant shows the presence of any ingredient not listed on the label or the absence of any ingredient shown on the label. In such case, the department may impose a penalty in accordance with s. 580.121(1).