CHAPTER 19-13.1NORTH DAKOTA COMMERCIAL FEED LAW19-13.1-01. Enforcing official. This chapter must be administered by the agriculturecommissioner, hereinafter referred to as the commissioner.19-13.1-02. Definitions of words and terms. When used in this chapter:1."Brand name" means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor and distinguishing it from that of others.2."Commercial feed" means all materials, except whole seeds unmixed or physically altered entire unmixed seeds when not adulterated within the meaning of section 19-13.1-07, which are distributed for use as feed or for mixing in feed.Thecommissioner, 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 or mixed with other materials and are not adulterated within the meaning of section 19-13.1-07.3."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.4."Customer-formula feed" means a mixture of commercial feeds or feed ingredients each batch of which is mixed according to the specific instructions of the final purchaser or contract feeder.5."Distribute" means to offer for sale, sell, exchange, or barter commercial feed or customer-formula feed; or to supply, furnish, or otherwise provide commercial feed or customer-formula feed to a contract feeder. "Distributor" means any person who distributes.6."Drug" means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of diseases in animals other than man and articles other than feed intended to affect the structure or any function of the animal body.7."Feed ingredient" means each of the constituent materials making up a commercial feed.8."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 or customer-formula feed is distributed.9."Labeling" means all labels and other written, printed, or graphic matter upon a commercial feed or any of its containers or wrapper or accompanying such commercial feed.10."Manufacture" means to grind, mix, or blend or further process a commercial feed for distribution.11."Mineral feed" means a substance or mixture of substances designed or intended to supply primarily mineral elements or inorganic nutrients.Page No. 112."Official sample" means any sample of feed taken by the commissioner and designated as "official" by the commissioner.13."Percent" or "percentage" means percentage by weight.14."Person" includes individual, partnership, corporation, limited liability company, and association.15."Pet" means any domesticated animal normally maintained in or near the household of the owner.16."Pet food" means any commercial feed prepared and distributed for consumption by pets.17."Product name" means the name of the commercial feed which identifies it as to kind, class, or specific use.18."Retail" means to sell to the consumer or final purchaser.19."Sell" or "sale" includes exchange.20."Specialty pet food" means any commercial feed prepared and distributed for consumption by any animal normally maintained in confinement, including gerbils, hamsters, birds, fish, snakes, turtles, and zoo animals.21."Ton" means a net weight of two thousand pounds avoirdupois [907.18 kilograms].19-13.1-03. Registration and license.1.Each pet food and specialty pet food must be registered before being distributed in this state. The application for registration must be submitted on forms furnished by the commissioner. The application must be accompanied by a label and any other printed matter describing each product and the registration fee of one hundred dollars per product. Upon approval by the commissioner, a certificate of registration must be furnished to the applicant. Registrations are not transferable. Registration covers a two-year period beginning January first and ending December thirty-first of every odd-numbered year. Registration renewals received after January thirty-first must be assessed a penalty fee of ten dollars per product. Products found marketed in this state without proper registration must be assessed the penalty fee of twenty-five dollars.2.A distributor is not required to register any brand of pet food or specialty pet food that is already registered under this chapter by another person.3.Each person who manufactures commercial feed or whose name appears on the label of a commercial feed, other than pet food or specialty pet food, shall obtain a feed manufacturer's license from the commissioner for each location. Each person who sells commercial feed at retail, other than pet food or specialty pet food, shall obtain a feed retailer's license from the commissioner. The license application must be on forms furnished by the commissioner and must be accompanied by a fee of one hundred dollars for feed manufacturers or fifty dollars for feed retailers. The license covers a two-year period beginning January first and ending December thirty-first of every odd-numbered year. If a manufacturer is also a retailer of feed, the retail license is waived.A feed retailer's license must be obtained for eachlocation used by the retailer.Licenses are not transferable.License renewalapplications received after January thirty-first may be assessed a penalty fee of ten dollars for retailers and twenty dollars for manufacturers. This subsection does not apply to any person who custom manufactures feed only for another person at that person's request and for that person's own use.Page No. 24.Each feed manufacturer required to be licensed under this chapter shall submit and maintain a current label file of all the feeds distributed in the state with the commissioner except custom formula feeds.5.The commissioner may refuse to register or license any product or applicant not in compliance with the provisions of this chapter and to cancel any registration or license subsequently found not to be in compliance with any provision of this chapter; provided, however, that no registration or license may be refused or canceled until the registrant or licensee has been given opportunity to be heard before the commissioner and to amend the application in order to comply with the requirements of this chapter.19-13.1-04.Labeling.Any commercial feed distributed in this state must beaccompanied by a legible label bearing the information prescribed by rule.19-13.1-05. Additional labeling requirements. Repealed by S.L. 1991, ch. 225,
CHAPTER 19-13.1NORTH DAKOTA COMMERCIAL FEED LAW19-13.1-01. Enforcing official. This chapter must be administered by the agriculturecommissioner, hereinafter referred to as the commissioner.19-13.1-02. Definitions of words and terms. When used in this chapter:1."Brand name" means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor and distinguishing it from that of others.2."Commercial feed" means all materials, except whole seeds unmixed or physically altered entire unmixed seeds when not adulterated within the meaning of section 19-13.1-07, which are distributed for use as feed or for mixing in feed.Thecommissioner, 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 or mixed with other materials and are not adulterated within the meaning of section 19-13.1-07.3."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.4."Customer-formula feed" means a mixture of commercial feeds or feed ingredients each batch of which is mixed according to the specific instructions of the final purchaser or contract feeder.5."Distribute" means to offer for sale, sell, exchange, or barter commercial feed or customer-formula feed; or to supply, furnish, or otherwise provide commercial feed or customer-formula feed to a contract feeder. "Distributor" means any person who distributes.6."Drug" means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of diseases in animals other than man and articles other than feed intended to affect the structure or any function of the animal body.7."Feed ingredient" means each of the constituent materials making up a commercial feed.8."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 or customer-formula feed is distributed.9."Labeling" means all labels and other written, printed, or graphic matter upon a commercial feed or any of its containers or wrapper or accompanying such commercial feed.10."Manufacture" means to grind, mix, or blend or further process a commercial feed for distribution.11."Mineral feed" means a substance or mixture of substances designed or intended to supply primarily mineral elements or inorganic nutrients.Page No. 112."Official sample" means any sample of feed taken by the commissioner and designated as "official" by the commissioner.13."Percent" or "percentage" means percentage by weight.14."Person" includes individual, partnership, corporation, limited liability company, and association.15."Pet" means any domesticated animal normally maintained in or near the household of the owner.16."Pet food" means any commercial feed prepared and distributed for consumption by pets.17."Product name" means the name of the commercial feed which identifies it as to kind, class, or specific use.18."Retail" means to sell to the consumer or final purchaser.19."Sell" or "sale" includes exchange.20."Specialty pet food" means any commercial feed prepared and distributed for consumption by any animal normally maintained in confinement, including gerbils, hamsters, birds, fish, snakes, turtles, and zoo animals.21."Ton" means a net weight of two thousand pounds avoirdupois [907.18 kilograms].19-13.1-03. Registration and license.1.Each pet food and specialty pet food must be registered before being distributed in this state. The application for registration must be submitted on forms furnished by the commissioner. The application must be accompanied by a label and any other printed matter describing each product and the registration fee of one hundred dollars per product. Upon approval by the commissioner, a certificate of registration must be furnished to the applicant. Registrations are not transferable. Registration covers a two-year period beginning January first and ending December thirty-first of every odd-numbered year. Registration renewals received after January thirty-first must be assessed a penalty fee of ten dollars per product. Products found marketed in this state without proper registration must be assessed the penalty fee of twenty-five dollars.2.A distributor is not required to register any brand of pet food or specialty pet food that is already registered under this chapter by another person.3.Each person who manufactures commercial feed or whose name appears on the label of a commercial feed, other than pet food or specialty pet food, shall obtain a feed manufacturer's license from the commissioner for each location. Each person who sells commercial feed at retail, other than pet food or specialty pet food, shall obtain a feed retailer's license from the commissioner. The license application must be on forms furnished by the commissioner and must be accompanied by a fee of one hundred dollars for feed manufacturers or fifty dollars for feed retailers. The license covers a two-year period beginning January first and ending December thirty-first of every odd-numbered year. If a manufacturer is also a retailer of feed, the retail license is waived.A feed retailer's license must be obtained for eachlocation used by the retailer.Licenses are not transferable.License renewalapplications received after January thirty-first may be assessed a penalty fee of ten dollars for retailers and twenty dollars for manufacturers. This subsection does not apply to any person who custom manufactures feed only for another person at that person's request and for that person's own use.Page No. 24.Each feed manufacturer required to be licensed under this chapter shall submit and maintain a current label file of all the feeds distributed in the state with the commissioner except custom formula feeds.5.The commissioner may refuse to register or license any product or applicant not in compliance with the provisions of this chapter and to cancel any registration or license subsequently found not to be in compliance with any provision of this chapter; provided, however, that no registration or license may be refused or canceled until the registrant or licensee has been given opportunity to be heard before the commissioner and to amend the application in order to comply with the requirements of this chapter.19-13.1-04.Labeling.Any commercial feed distributed in this state must beaccompanied by a legible label bearing the information prescribed by rule.19-13.1-05. Additional labeling requirements. Repealed by S.L. 1991, ch. 225,
CHAPTER 19-13.1NORTH DAKOTA COMMERCIAL FEED LAW19-13.1-01. Enforcing official. This chapter must be administered by the agriculturecommissioner, hereinafter referred to as the commissioner.19-13.1-02. Definitions of words and terms. When used in this chapter:1."Brand name" means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor and distinguishing it from that of others.2."Commercial feed" means all materials, except whole seeds unmixed or physically altered entire unmixed seeds when not adulterated within the meaning of section 19-13.1-07, which are distributed for use as feed or for mixing in feed.Thecommissioner, 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 or mixed with other materials and are not adulterated within the meaning of section 19-13.1-07.3."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.4."Customer-formula feed" means a mixture of commercial feeds or feed ingredients each batch of which is mixed according to the specific instructions of the final purchaser or contract feeder.5."Distribute" means to offer for sale, sell, exchange, or barter commercial feed or customer-formula feed; or to supply, furnish, or otherwise provide commercial feed or customer-formula feed to a contract feeder. "Distributor" means any person who distributes.6."Drug" means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of diseases in animals other than man and articles other than feed intended to affect the structure or any function of the animal body.7."Feed ingredient" means each of the constituent materials making up a commercial feed.8."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 or customer-formula feed is distributed.9."Labeling" means all labels and other written, printed, or graphic matter upon a commercial feed or any of its containers or wrapper or accompanying such commercial feed.10."Manufacture" means to grind, mix, or blend or further process a commercial feed for distribution.11."Mineral feed" means a substance or mixture of substances designed or intended to supply primarily mineral elements or inorganic nutrients.Page No. 112."Official sample" means any sample of feed taken by the commissioner and designated as "official" by the commissioner.13."Percent" or "percentage" means percentage by weight.14."Person" includes individual, partnership, corporation, limited liability company, and association.15."Pet" means any domesticated animal normally maintained in or near the household of the owner.16."Pet food" means any commercial feed prepared and distributed for consumption by pets.17."Product name" means the name of the commercial feed which identifies it as to kind, class, or specific use.18."Retail" means to sell to the consumer or final purchaser.19."Sell" or "sale" includes exchange.20."Specialty pet food" means any commercial feed prepared and distributed for consumption by any animal normally maintained in confinement, including gerbils, hamsters, birds, fish, snakes, turtles, and zoo animals.21."Ton" means a net weight of two thousand pounds avoirdupois [907.18 kilograms].19-13.1-03. Registration and license.1.Each pet food and specialty pet food must be registered before being distributed in this state. The application for registration must be submitted on forms furnished by the commissioner. The application must be accompanied by a label and any other printed matter describing each product and the registration fee of one hundred dollars per product. Upon approval by the commissioner, a certificate of registration must be furnished to the applicant. Registrations are not transferable. Registration covers a two-year period beginning January first and ending December thirty-first of every odd-numbered year. Registration renewals received after January thirty-first must be assessed a penalty fee of ten dollars per product. Products found marketed in this state without proper registration must be assessed the penalty fee of twenty-five dollars.2.A distributor is not required to register any brand of pet food or specialty pet food that is already registered under this chapter by another person.3.Each person who manufactures commercial feed or whose name appears on the label of a commercial feed, other than pet food or specialty pet food, shall obtain a feed manufacturer's license from the commissioner for each location. Each person who sells commercial feed at retail, other than pet food or specialty pet food, shall obtain a feed retailer's license from the commissioner. The license application must be on forms furnished by the commissioner and must be accompanied by a fee of one hundred dollars for feed manufacturers or fifty dollars for feed retailers. The license covers a two-year period beginning January first and ending December thirty-first of every odd-numbered year. If a manufacturer is also a retailer of feed, the retail license is waived.A feed retailer's license must be obtained for eachlocation used by the retailer.Licenses are not transferable.License renewalapplications received after January thirty-first may be assessed a penalty fee of ten dollars for retailers and twenty dollars for manufacturers. This subsection does not apply to any person who custom manufactures feed only for another person at that person's request and for that person's own use.Page No. 24.Each feed manufacturer required to be licensed under this chapter shall submit and maintain a current label file of all the feeds distributed in the state with the commissioner except custom formula feeds.5.The commissioner may refuse to register or license any product or applicant not in compliance with the provisions of this chapter and to cancel any registration or license subsequently found not to be in compliance with any provision of this chapter; provided, however, that no registration or license may be refused or canceled until the registrant or licensee has been given opportunity to be heard before the commissioner and to amend the application in order to comply with the requirements of this chapter.19-13.1-04.Labeling.Any commercial feed distributed in this state must beaccompanied by a legible label bearing the information prescribed by rule.19-13.1-05. Additional labeling requirements. Repealed by S.L. 1991, ch. 225,