Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 360 - REGULATIONS FOR THE ENFORCEMENT OF THE VIRGINIA COMMERCIAL FEED ACT › Section 2VAC5-360-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Words used in
				the singular form in this chapter shall include the plural, and vice versa, as
				appropriate.
B. All terms used in
				this chapter shall have the meaning set forth for such in the Act. In addition,
				the following words and terms shall have the following meanings unless the
				context clearly indicates otherwise:
"Act" means Chapter 48 (§ 3.2-4800 et seq.) of Title 3.2
				  of the Code of Virginia, hereinafter known as the Virginia Commercial Feed
				  Act.
"Animal" means any animate being which is not human.
"Adulteration" means a commercial feed is adulterated
				  if:
1. Enough of any harmful or
				non-nutritive ingredient has been added to endanger animal health when used
				according to labeling directions.
2. Any part of an essential component has
				been omitted, removed, or replaced with an inferior substance.
3. The composition or quality of the feed
				fails to conform to its representation in the labeling.
4. It was prepared or held under unsanitary
				conditions.
5. It contains any
				filthy, putrid, decomposed, tainted, unsound or unwholesome
				substance.
6. Its container is
				composed of any substance which may cause the feed to endanger animal health.
"Board" means the Virginia Board of Agriculture and Consumer
				  Services.
"Brand" means the term, design, or trademark and other
				  specific designation under which an individual commercial feed is distributed
				  in Virginia.
"Canned animal food" means all materials packed in any
				  airtight container with a moisture content of 70% or more which are distributed
				  for use as food for animals other than humans.
"Commercial feed" means all mixed or unmixed feed including
				  concentrates, supplements, molasses, minerals, mineral mixtures, and all other
				  materials used for their nutritional or physical properties for feeding to
				  animals except those materials exempted by the Act.
"Commissioner" means the Virginia Commissioner of Agriculture
				  and Consumer Services or his delegated assistant or agent.
"Distribute" means to offer or expose for sale, sell,
				  warehouse, exchange, barter, furnish or otherwise supply.
"Distributor" means a person who distributes commercial
				  feeds.
"Feed ingredient" means each of the constituent materials
				  making up a commercial feed.
"Inert mineral matter" means mineral matter that has no
				  nutritional value.
"Label" means a display of written, printed, or graphic
				  matter upon or affixed to the container in which a commercial feed is
				  distributed. The invoice or delivery slip with which a commercial feed is
				  distributed in bulk is the label.
"Labeling" means any written, printed, graphic, electronic,
				  or advertising information pertaining to the commercial feed which is:
1. On the commercial feed or any of its
				containers,
2. On the invoice or
				delivery slip,
3. Accompanying the
				commercial feed at any time, or
4.
				Otherwise provided to the consumer.
"Medicated feed" means a product obtained by mixing a drug,
				  as defined in § 3.2-4800 of the Code of Virginia, and a commercial feed.
				  It is subject to all provisions of the Virginia Commercial Feed Act.
"Misbranding" means a commercial feed is misbranded
				  if:
1. The label does not include:
a. The name and principal address of the
				manufacturer, distributor, or person responsible for placing the commercial
				feed on the market.
b. The name,
				brand or trademark under which the commercial feed is sold.
c. An accurate quantity statement of the
				contents.
d. An accurate statement
				of the minimum percentage of crude protein.
e. An accurate statement of the minimum
				percentage of crude fat.
f. An
				accurate statement of the maximum percentage of crude fiber.
g. An accurate statement of the maximum
				percentage of moisture for all dog and cat foods.
h. The English name of each ingredient or
				conform to the requirements of
				2VAC5-360-40.
i. Adequate warnings against use under normal
				or pathological conditions where its use may endanger animal health, or against
				unsafe use or application as necessary for the protection of animals.
2. Labeling is false or misleading
				in any particular.
3. It is
				distributed under the name of another commercial feed.
4. Its container is so made, formed or filled
				as to be deceptive or misleading as to the amount of contents.
5. Its labeling bears any reference to
				registration or license under the Act.
6. It is represented as containing a feed
				ingredient, unless such feed ingredient conforms to the definition prescribed
				by regulation of the board.
7. Any
				word, statement or other information required by the Act is not prominently
				placed upon the label so conspicuously (as compared with other words,
				statements, designs, or devices in the labeling) and in such terms as to make
				it likely to be read and understood by the ordinary individual under customary
				conditions of purchase and use.
"Official sample" means any sample of feed taken by the
				  commissioner and designated as "Official" by the commissioner.
"Person" means an individual, partnership, association,
				  corporation, firm, agent or authorized group of individuals whether
				  incorporated or not.
"Prohibited noxious-weed seeds" means the seeds of perennial
				  weeds which not only reproduce by seed but which also spread by underground
				  roots and stems; and which, when established, are highly destructive and are
				  not controlled in the Commonwealth by commonly used cultural practices. These
				  include but are not limited to the seeds of Balloonvine-Cardiospermum
				  halicacabum, Field bindweed-Convolulus arvensis, Quackgrass-Agropyron repends,
				  Canada thistle-Cirsium arvense, Johnson grass-Sorghum spp., perennial,
				  Plumeless thistle, which includes Musk thistle and Curled thistle Carduus spp.,
				  Serrated tussock-Nassella trichotoma, and Sicklepod-Senna obtusifolia.
"Restricted noxious-weed seeds" means the seeds of weeds
				  which are very objectionable in fields, lawns and gardens in this Commonwealth
				  and are difficult to control by commonly used cultural practices. These include
				  but are not limited to seeds of Dodder Cuscuta spp., Bermudagrass Cynodon
				  dactylon, Wild onion bulblets, Wild garlic bulblets Allium spp., Wild
				  mustardBrassica spp., Giant foxtail-Setaia faberia, radish-Raphanus, and Annual
				  bluegrass-Poa annua.
"Sell" means sales, barter, or exchange.
"Ton" means a net weight of 2,000 pounds,
				  avoirdupois.