80-9-101. Definitions. Unless the context requires otherwise, in this chapter the following definitions apply:

(1) "AOAC international" means the association of official analytical chemists.

(2) "Brand name" means any word, name, symbol, or device or any combination of them identifying the commercial feed of a licensee or registrant and distinguishing it from that of others.

(3) (a) "Commercial feed" means all materials or combinations of materials that are distributed or intended for distribution for use as feed or for mixing in feed, unless the materials are specifically excluded by law.

(b) The term does not include unmixed whole seeds and physically altered entire unmixed seeds when those seeds are not chemically changed or adulterated within the meaning of 80-9-204. The department may by rule exclude 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 those commodities, compounds, or substances are not intermixed with other materials and are not adulterated within the meaning of 80-9-204.

(4) "Contract feeder" means a person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract under which the commercial feed is supplied, furnished, or otherwise provided to that person and under which that person's remuneration is determined completely or in part by feed consumption, mortality, profits, or amount or quality of product.

(5) "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.

(6) "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.

(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 feed intended to affect the structure or function of the animal body.

(8) "Facility" means something that is built, installed, or established to serve a particular purpose.

(9) "Feed ingredient" means each of the constituent materials making up a commercial feed or a noncommercial feed.

(10) "Guarantor" means a person whose name and principal mailing address appear on the label and who guarantees the information contained on the label as required by 80-9-202. The person may or may not also be the manufacturer.

(11) "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.

(12) "Labeling" means all labels and other written, printed, or graphic matter upon a commercial feed, any of its containers, or its wrapper or accompanying the commercial feed.

(13) "Manufacture" means to grind, mix, blend, or further process a commercial feed.

(14) "Mineral feed" means a commercial feed intended to supply primarily mineral elements or inorganic nutrients.

(15) (a) "Noncommercial feed" means all materials or combinations of materials that are used as feed or for mixing in feed and that are not intended for distribution, unless the materials are specifically excluded by law.

(b) The term does not include unmixed whole seeds and physically altered entire unmixed seeds when those seeds are not chemically changed or adulterated within the meaning of 80-9-204. The department may by rule exclude 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 those commodities, compounds, or substances are not intermixed with other materials and are not adulterated within the meaning of 80-9-204.

(16) "Official sample" means a sample of feed taken by the department in accordance with the provisions of 80-9-301.

(17) "Percent" or "percentage" means percentage by weights.

(18) "Person" means an individual, partnership, corporation, or association.

(19) "Pet" means any domesticated animal normally maintained in or near the household of its owner.

(20) "Pet food" means any commercial feed prepared and distributed for consumption by pets.

(21) (a) "Pet treat" means any commercial feed intended for pets and specialty pets that is not intended to provide complete and balanced nutrition and is fed intermittently for training, reward, enjoyment, or other purposes. Pet treats are classified as a type of pet food and specialty pet food by the department.

(b) A pet treat intended for a cat or a dog that is manufactured in this state and does not contain any medication or drug or meat, poultry, fish, or their byproduct as an ingredient qualifies for certain licensing exemptions and limited labeling and registration requirements under this chapter.

(22) "Product name" means the name of the commercial feed that identifies it as to kind, class, or specific use.

(23) "Quantity statement" means the net weight or mass; net volume, either liquid or dry; or count.

(24) "Specialty pet" means 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.

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

(26) "Supplier" means a person who distributes commercial feed into Montana.

(27) "Ton" means a net weight of 2,000 pounds avoirdupois.

History: En. Sec. 1, Ch. 356, L. 1973; R.C.M. 1947, 3-2025; amd. Sec. 12, Ch. 20, L. 1979; amd. Sec. 1, Ch. 396, L. 1999; amd. Sec. 1, Ch. 148, L. 2003; amd. Sec. 1, Ch. 37, L. 2005; amd. Sec. 1, Ch. 46, L. 2017; amd. Sec. 1, Ch. 365, L. 2019.