The definitions set forth in this section apply throughout this chapter.

     (1) "Brand name" means a 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" means all materials or combination of materials that are distributed or intended for distribution for use as feed or for mixing in feed, unless such materials are specifically exempted. Unmixed whole seeds and physically altered entire unmixed seeds, when such whole seeds or physically altered seeds are not chemically changed or not adulterated within the meaning of RCW 15.53.902, are exempt. The department by rule 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 with other materials, and are not adulterated within the meaning of RCW 15.53.902.

     (3) "Contract feeder" means a person who is an independent contractor and 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.

     (4) "Customer-formula feed" means commercial feed that consists of a mixture of commercial feeds or feed ingredients, or both, each batch of which is manufactured according to the instructions of the final purchaser.

     (5) "Department" means the department of agriculture of the state of Washington or its duly authorized representative.

     (6) "Director" means the director of the department or a duly authorized representative.

     (7) "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.

     (8) "Distributor" means a person who distributes.

     (9) "Drug" means an article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than people and articles, other than feed intended to affect the structure or a function of the animal body.

     (10) "Facility" means any place where a commercial feed is manufactured, repackaged, sold, transloaded, or stored for later distribution.

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

     (12) "Final purchaser" means a person who purchases commercial feed to feed to animals in his or her care.

     (13) "Initial distributor" means a person who first distributes a commercial feed in or into this state.

     (14) "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.

     (15) "Labeling" means 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.

     (16) "Licensee" means a person who holds a commercial feed license as prescribed in this chapter.

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

     (18) "Medicated feed" means a commercial feed containing a drug or other medication.

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

     (20) "Official sample" means a sample of feed taken by the department, obtained and analyzed as provided in RCW 15.53.9024 (3), (5), or (6).

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

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

     (23) "Pet" means a domesticated animal normally maintained in or near the household of the owner of the pet.

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

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

     (26) "Responsible buyer" means a licensee who is not the final purchaser of a commercial feed and has agreed to be responsible for reporting tonnage and paying inspection fees for all commercial feeds they distribute.

     (27) "Retail" means to distribute to the final purchaser.

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

     (29) "Specialty pet" means a domesticated animal 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.

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

     (31) "Ton" means a net weight of two thousand pounds avoirdupois.

     (32) "Transload" means to transfer commercial feed from one carrier to another carrier without processing or blending the ingredients, for example, transferred from rail car to trucks or shipping containers.

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

[2005 c 18 § 1; 1995 c 374 § 33; 1982 c 177 § 1; 1975 1st ex.s. c 257 § 3; 1965 ex.s. c 31 § 2. Prior acts on this subject: 1961 c 11 §§ 15.53.010 through15.53.900 ; 1953 c 80 §§ 1-35.]

NOTES:

     Effective date -- 1995 c 374 §§ 1-47, 50-53, and 59-68: See note following RCW 15.36.012.

     Effective date -- 1975 1st ex.s. c 257: See note following RCW 15.13.470.