§ 128. Definitions. As used in this article, unless otherwise
expressly stated, or unless the content or subject matter otherwise
requires:

1. "Commissioner" means the commissioner of agriculture and markets.

2. "Department" means the department of agriculture and markets.

3. "Person" means any person, firm, partnership, corporation or
association.

4. "Distribute" means to offer for sale, sell, exchange, or barter
commercial feed; or to supply, furnish, or otherwise provide commercial
feed to a contract feeder.

5. "Distributor" means any person who distributes.

6. "Feed" means all edible materials which are consumed by animals and
contribute energy or nutrients to the animal's diet.

7. "Commercial feed" means all materials except unmixed whole seeds or
physically altered entire unmixed seeds, when not adulterated within the
meaning of subdivision one of section one hundred thirty-two of this
article, which are distributed for use as feed or for mixing in feed,
and includes pet food and specialty pet food. Provided, however, the
commissioner by regulation may exempt from this definition, or from
specific provisions of this article, commodities such as hay, straw,
stover, silage, cobs, husks, hulls, and individual chemical compounds or
substances when such commodities, compounds or substances are not
inter-mixed or mixed with other materials, and are not adulterated
within the meaning of subdivision one of section one hundred thirty-two
of this article.

8. "Pet" means any domesticated animal normally maintained in or near
the household(s) of the owner(s) thereof.

9. "Pet food" means any commercial feed prepared and distributed for
consumption by pets.

10. "Specialty pet" means any domesticated pet normally maintained in
a cage or tank, such as, but not limited to, gerbils, hamsters,
canaries, psittacine birds, mynahs, finches, tropical fish, goldfish,
snakes and turtles.

11. "Specialty pet food" means any commercial feed prepared and
distributed for consumption by specialty pets.

12. "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.

13. "Registrant" means any person who has registered a commercial feed
manufacturing facility or brand of pet food or specialty pet food
pursuant to the provisions of section one hundred twenty-nine of this
article.

13-a. "Licensee" means any person who has licensed a commercial feed
manufacturing facility pursuant to section one hundred twenty-eight-a of
this article.

14. "Brand" means each commercial feed identified by and differing
from others either in name, trademark, descriptive designation or other
method or marking, composition or guaranteed analysis.

15. "Feed ingredient" means each of the constitutent materials making
up a commercial feed.

16. "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.

17. "Customer-formula feed" means commercial feed which consists of a
mixture of commercial feeds and/or feed ingredients, each batch of which
is manufactured according to the specific instructions of the final
purchaser, including feed mixed from components supplied by the
purchaser.

18. "Manufacture" means to grind, mix or blend, or further process a
commercial feed for distribution.

19. "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.

20. "Product name" means the name of the commmercial feed which
identifies it as to kind, class, or specific use.

21. "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.

22. "Labeling" means any and 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.

23. "Official sample" means a sample of feed taken by the commissioner
or his authorized agent in accordance with the provisions of section one
hundred thirty-five-a of this article.