(1) "Animal feed manufacturing plant" means:

(a) Any business, establishment, building, plant or place where commercial feed for animals is manufactured, mixed, processed or packed.

(b) Vehicles used in transporting commercial feed or feed ingredients, machinery, equipment, utensils, implements, or other items, articles or materials used in the business or operation.

(c) The ground upon which the operation or business is carried out and other ground not adjacent thereto that is a part of the business or operation under the same entity or ownership.

(2) "Brand" means any word, name, symbol or device or any combination thereof identifying and distinguishing the commercial feed of a distributor from the feed of other distributors.

(3) "Bulk" is the sale, offering or exposing for sale or delivery of commercial feeds, in:

(a) Open containers, closed or open tote boxes, closed or open tanks, closed or open trailers, all of which may be further described or defined by the State Department of Agriculture; or

(b) Other types of containers, vehicles or conveyances defined or recognized by the department.

(4) "Commercial feed":

(a) Except as provided in paragraph (b) of this subsection, means any material that is distributed for use as feed, or as a feed ingredient for mixing in feed for animals, or any feed additive concentrate, feed additive supplement, feed additive premix, or premix.

(b) Except as used in ORS 633.045, 633.055, 633.065, 633.067, 633.077 and 633.088, does not include:

(A) Unmixed seeds, whole or processed, that are made directly from the entire seed and are not used to manufacture wild bird feed.

(B) Hay, straw, stover, cobs, husks, screenings and hulls, when unground or unmixed with other materials.

(C) Feed for dogs, cats, birds or fish maintained as household pets.

(D) Silage, or materials containing at least 60 percent water.

(E) Individual chemical compounds not mixed with other materials. This exemption, however, does not cover or extend to phosphate, urea or ammonium compounds that are recommended for animal feeding purposes.

(5) "Contract feeder" means an independent contractor or other person who feeds commercial feed to another person’s animals pursuant to an oral or written agreement whereby the commercial feed is distributed to the contractor or other person by any distributor and whereby the contractor or other person’s remuneration is determined all or in part by feed consumption, mortality, profits or amount or quality of animals produced. "Contract feeder" does not include a bona fide employee of a manufacturer or distributor of commercial feed.

(6) "Custom mixed feed" means any commercial feed, each lot of which is mixed according to the specific instructions of, or prescribed for the specific use of, the final consumer.

(7) "Department" means the State Department of Agriculture.

(8) "Distribute" means to offer for sale, sell or barter commercial feed or to supply, furnish or otherwise provide commercial feed to a contract feeder.

(9) "Distributor" means a person who distributes commercial feed.

(10) "Drug" means any substance:

(a) Intended or represented for the cure, mitigation, treatment or prevention of disease of animals;

(b) Intended to affect the structure of any function of the body of an animal; or

(c) So defined by rule of the department.

(11) "Feed" means raw materials, ingredients and final products:

(a) Consumed by, or intended for consumption by, animals but not by humans; and

(b) Contributing to nutrition, affecting aroma or taste or having a technical effect on the consumed material.

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

(13) "Final consumer" means a person that feeds animals that are under the control or ownership of that person.

(14) "Ground" means a condition resulting from crushing, rolling, chopping or grinding.

(15) "Label" means a display of written, printed or graphic matter placed on 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.

(16) "Manufacture" means to grind, chop, crush, roll, cube, flake, extrude, cook, pelletize, mix or otherwise process feed ingredients.

(17) "Mineral feed" means a substance or mixture of substances designed or intended to supply primarily mineral elements or inorganic nutrients.

(18) "Official sample" means any sample of feed taken by the department and designated as "official" by the department.

(19) "Percent" or "percentage" means percentage by weight.

(20) "Sell" or "sale" includes exchange.

(21) "Wild bird feed" means a commercial feed marketed for noncaptive undomesticated avians. [1967 c.591 §2 (enacted in lieu of 633.005); 1973 c.342 §2; 1979 c.116 §1; 1995 c.79 §322; 2001 c.137 §4; 2007 c.282 §1; 2017 c.303 §2]