39-14-39Definition of terms.

Terms used in this chapter mean:

(1)    "Brand name," 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;

(2)    "Commercial feed," any material except unmixed seed, whole or processed, if not adulterated within the meaning of §§ 39-14-46 to 39-14-52, inclusive, which is distributed for use as feed or for mixing in feed;

(3)    "Contract feeder," a person who as an independent contractor, feeds commercial feed to animals pursuant to a contract whereby the commercial feed is supplied, furnished, or otherwise provided to the person and whereby the person's remuneration is determined all or in part by feed consumption, mortality, profits, or amount or quality of product;

(4)    "Customer formula feed," commercial feed which consists of a mixture of commercial feeds and feed ingredients each batch of which is manufactured according to the specific instructions of the final purchaser;

(5)    "Distribute," to offer for sale, sell, exchange, or barter, commercial feed; or to supply, furnish, or otherwise provide commercial feed to a contract feeder;

(6)    "Distributor," any person who distributes;

(7)    "Drug," 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;

(8)    "Feed ingredient," each of the constituent materials making up a commercial feed;

(9)    "Label," 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;

(10)    "Labeling," all labels and other written, printed, or graphic matter upon a commercial feed or any of its containers or wrappers or accompanying a commercial feed;

(11)    "Manufacture," to grind, mix, or blend, or further process a commercial feed for distribution;

(12)    "Mineral feed," a commercial feed intended to supply primarily mineral elements or inorganic nutrients;

(13)    "Official sample," a sample of commercial feed taken by the secretary of agriculture and natural resources or his agent in accordance with the provisions of § 39-14-62, 39-14-66, or 39-14-67;

(14)    "Percent" or "percentages," percentages by weights;

(15)    "Pet," any domesticated animal normally maintained in or near the household of the owner of the animal;

(16)    "Pet food," any commercial feed prepared and distributed for consumption by dogs and cats;

(17)    "Product name," the name of the commercial feed which identifies it as to kind, class, or specific use;

(18)    "Specialty pet," any domesticated animal pet normally maintained in a cage or tank, such as gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes, and turtles;

(19)    "Specialty pet food," a commercial feed prepared and distributed for consumption by specialty pets; and

(20)    "Ton," a net weight of two thousand pounds avoirdupois.

Source: SL 1911, ch 238, §§ 1, 2; SL 1913, ch 332; RC 1919, § 7892; SL 1929, ch 238, § 1; SDC 1939, § 22.1002; SL 1964, ch 5, § 3; SDCL, § 39-14-1; SL 1970, ch 228, § 3; SL 1993, ch 304, § 6; SL 2021, ch 1 (Ex.Ord. 21-3), § 51, eff. April 19, 2021.