Terms Used In North Carolina General Statutes > Chapter 106 > Article 31C - North Carolina Commercial Feed Law of 1973

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Board: means the North Carolina State Board of Agriculture. See North Carolina General Statutes 106-284.33
• 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. See North Carolina General Statutes 106-284.33
• canned pet food: means any commercial feed packed in cans or hermetically sealed containers, and used or intended for use as food for pets. See North Carolina General Statutes 106-284.33
• commercial feed: means all materials, except whole unmixed seed such as corn, including physically altered entire unmixed seeds when not adulterated within the meaning of N. See North Carolina General Statutes 106-284.33
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• contract feeder: means a person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract between that person and a manufacturer of commercial feeds whereby such commercial feed is supplied, furnished, or otherwise provided to such person by the said manufacturer and whereby such person's remuneration is determined all or in part by feed consumption, mortality, profits, or amount or quality of product produced by the independent contractor. See North Carolina General Statutes 106-284.33
• 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.
• customer-formula feed: means commercial feed, each batch of which is mixed according to the formula of the customer, furnished in writing over the signature of the customer or his designated agent with each batch moved directly from the manufacturer to the customer and not stocked or displayed in a dealer's warehouse or sales area and not resold or redistributed to any person. See North Carolina General Statutes 106-284.33
• distribute: means to offer for sale, sell, exchange, or barter, commercial feed. See North Carolina General Statutes 106-284.33
• distributor: means any person who distributes. See North Carolina General Statutes 106-284.33
• 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. See North Carolina General Statutes 106-284.33
• feed ingredient: means each of the constituent materials making up a commercial feed. See North Carolina General Statutes 106-284.33
• following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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. See North Carolina General Statutes 106-284.33
• labeling: means all labels and other written, printed, or graphic matter (i) upon a commercial feed or any of its containers or wrapper or (ii) accompanying such commercial feed, or advertisement, brochures, posters, television and radio announcements used in promoting the sale of such commercial feed. See North Carolina General Statutes 106-284.33
• manufacture: means to grind, mix or blend, or further process a commercial feed for distribution. See North Carolina General Statutes 106-284.33
• official sample: means a sample of feed taken by the Commissioner or his agent in accordance with the provisions of N. See North Carolina General Statutes 106-284.33
• 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.
• percentage: means percentage by weight, except in N. See North Carolina General Statutes 106-284.33
• permitted analytical variation: means allowance for the inherent variability in sampling and laboratory analysis in guaranteed components. See North Carolina General Statutes 106-284.33
• person: means an individual, a partnership, a corporation, an association, and any other legal entity. See North Carolina General Statutes 106-284.33
• pet: means any domesticated animal normally maintained in or near the household(s) of the owner(s) thereof. See North Carolina General Statutes 106-284.33
• pet food: means any commercial feed prepared and distributed for consumption by pets. See North Carolina General Statutes 106-284.33
• product name: means the name of the commercial feed which identifies it as to kind, class, or specific use. See North Carolina General Statutes 106-284.33
• state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• ton: means a net weight of 2,000 pounds avoirdupois. See North Carolina General Statutes 106-284.33
• United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3