§ 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.)