When used in this chapter:

(1) “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.

(2) “Commercial feed” means all materials or combination of materials which are distributed for the use as feed or for mixing in feed, for animals and cultured aquatic stock other than man except:

a. Unmixed or unprocessed whole seeds and meals made directly from the entire seed;

b. Unground hay, straw, stover, silage, cobs, husks, and hulls when not mixed with other materials;

c. Individual chemical compounds when not mixed with other materials.

(3) “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.

(4) “Customer-formula feed” means a mixture of commercial feeds or materials each batch of which mixture is mixed according to the specific instructions of the final purchaser, or contract feeder.

(5) “Distribute” means to offer for sale, sell, or barter, commercial feed or customer-formula feed; or to supply, furnish or otherwise provide commercial feed or customer-formula feed to a contract feeder.

(6) “Distributor” means any person who distributes pursuant to paragraph (5) of this section.

(7) “Drug” means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans; and articles other than commercial 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) “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 or customer-formula feed is distributed.

(10) “Manufacture” means to grind, mix, or blend, or further process a commercial or customer-formula feed for distribution.

(11) “Medicated feed” means any feed which contains drug ingredients intended or presented for the cure, mitigation, treatment, or prevention of diseases of animals other than man or which contains drug ingredients intended to affect the structure or any function of the body of animals other than humans.

(12) “Mineral feed” means a commercial feed intended to supply primarily mineral elements or inorganic nutrients.

(13) “Official sample” means any sample of feed taken by the Department or its agent and designated as “official” by the Department.

(14) “Percent” or “percentage” means percentage by weight.

(15) “Person” means an individual, partnership, corporation, association, and other entities.

(16) “Pet” means dog or cat.

(17) “Pet food” means any commercial feed prepared and distributed for consumption by pets.

(18) “Product name” means the name of the commercial feed which identifies it as to kind, class or specific use and distinguishes it from all other products bearing the same brand name.

(19) “Quantity statement” means the net weight (mass), liquid measure, or count.

(20) “Sell” or “sale” includes exchange.

(21) “Specialty pet” means any animal normally maintained in a household, such as, but not limited to, rodents, ornamental birds, ornamental fish, reptiles, and amphibians, ferrets, hedgehogs, marsupials, and rabbits not raised for food or fur.

(22) “Specialty pet food” means any commercial feed prepared and distributed for consumption by specialty pets.

(23) “Supplement” means a feed used with another to improve the nutritive balance or performance of the total.

(24) “Ton” means a net weight of 2,000 pounds avoirdupois.

3 Del. C. 1953, § ?1703; 56 Del. Laws, c. 69; 69 Del. Laws, c. 103, § ?6; 70 Del. Laws, c. 186, § ?1; 83 Del. Laws, c. 98, § 1; 83 Del. Laws, c. 177, § 1;