Nebraska Statutes 54-849. Terms, defined
For purposes of the Commercial Feed Act, unless the context otherwise requires:
Terms Used In Nebraska Statutes 54-849
- commercial feed: shall be deemed to be misbranded if:
(1) Its labeling is false or misleading in any particular. See Nebraska Statutes 54-853
- Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Person shall: include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
- Trustee: A person or institution holding and administering property in trust.
(1) Brand name shall mean any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor or person named on the label and distinguishing it from that of others;
(2) Commercial feed shall mean all materials or combinations of materials which are distributed or intended for distribution for use as feed or for mixing in feed unless such materials are specifically exempted. Unmixed whole seeds and physically altered entire unmixed seeds, when such seeds are not chemically changed or are not adulterated within the meaning of subdivision (1) of section 54-854, are exempt. The director may, by regulation, exempt from this definition or from specific provisions of the Commercial Feed Act 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 with other materials and are not adulterated within the meaning of subdivision (1) of section 54-854 ;
(3) Customer-formula feed shall mean commercial feed which consists of a mixture of commercial feeds or feed ingredients manufactured according to the specific instructions of the final purchaser;
(4) Department shall mean the Department of Agriculture;
(5) Director shall mean the Director of Agriculture or his or her authorized agent;
(6) Distribute shall mean to offer for sale, sell, exchange, barter, or otherwise supply commercial feed;
(7) Distributor shall mean any person who distributes;
(8) Drug shall mean any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans and articles other than feed intended to affect the structure or any function of the animal body;
(9) Feed ingredient shall mean each of the constituent materials making up a commercial feed;
(10) Label shall mean 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;
(11) Labeling shall mean 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;
(12) Manufacture shall mean to grind, mix, blend, or further process a commercial feed for distribution;
(13) Mineral feed shall mean a commercial feed intended to supply primarily mineral elements or inorganic nutrients;
(14) Official sample shall mean a sample of feed taken by the director in accordance with section 54-859 ;
(15) Percent or percentages shall mean percentages by weight;
(16) Person shall mean any individual, partnership, limited liability company, cooperative, corporation, firm, trustee, or association;
(17) Pet shall mean any domesticated animal normally maintained in or near the household of the owner thereof;
(18) Pet food shall mean any commercial feed prepared and distributed for consumption by pets;
(19) Product name shall mean the name of the commercial feed which identifies it as to kind, class, or specific use;
(20) Specialty pet shall mean any domesticated animal pet normally maintained in a cage or tank including, but not limited to, gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes, and turtles;
(21) Specialty pet food shall mean any commercial feed prepared and distributed for consumption by specialty pets; and
(22) Ton shall mean a net weight of two thousand pounds avoirdupois.