(a) Definitions; exemptions

(a) Definitions; exemptions. As used in this act: (i) "Association of America Feed Control Officials (AAFCO)" means officials of any state, dominion, federal or other governmental agency in North America, and employees thereof charged with the responsibility of enforcing laws regulating the production, labeling, distribution or sale of animal feeds; (ii) "Association of Official Analytical Chemists (AOAC)" means government and industry officials charged with developing analytical methods and the collaborative testing of those methods, validating data and accepting or rejecting those methods for use; (iii) "Brand name" means any word, name, symbol, device or any combination thereof identifying the commercial feed of a distributor or registrant and distinguishing it from that of others; (iv) "Commercial feed" means all liquid or solid materials or combination of materials, including custom formula feed, medicated feed and mineral feed, which are distributed or intended for distribution for use as feed or for mixing in feed for animals other than man except the following: (A) Unmixed seed, whole or processed, made directly from the entire seed, or unmixed or unprocessed whole seeds; (B) Raw meat, 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 W.S. 11-13-106(c)(ii). (v) "Contract feeder" means 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; (vi) "Custom formula feed" means commercial feed which consists of a mixture of commercial feeds or feed ingredients each batch of which is manufactured according to the specific instructions of the final purchaser; (vii) agriculture; "Department" means the state department of (viii) "Director" means the director of the department of agriculture; (ix) "Distribute" means to offer for sale, sell, exchange or barter commercial feed or to supply, furnish or otherwise provide commercial feed; (x) "Distributor" means any person who distributes; (xi) "Drug" means 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; (xii) "Feed" means commercial feed, pet food and specialty pet food; (xiii) "Feed ingredient" means each of the constituent materials making up a commercial feed; (xiv) "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 custom formula feed is distributed; (xv) "Labeling" means all labels and other written, printed or graphic matter upon a commercial feed, any of its containers or wrappers, or accompanying such commercial feed; (xvi) "Manufacture" means to grind, mix or blend, or further process a commercial feed for distribution; (xvii) "Medicated feed" means any commercial feed which contains drug ingredients intended for the cure, mitigation, treatment or prevention of diseases of animals, or which contains drug ingredients intended to affect the structure or any function of the body of animals; (xviii) "Mineral feed or mixture" means a commercial feed designed or intended to supply primarily mineral elements or inorganic nutrients; (xix) "Official sample" means any sample of feed taken by and designated as official by the director or his agent; (xx) weight; "Percent" or "percentage" means percentage by (xxi) "Pet" means any domesticated animal normally maintained in or near the household of the owner thereof; (xxii) "Pet food" means any commercial feed prepared and distributed for consumption by pets; (xxiii) "Product name" means the name of the commercial feed which identifies it as to kind, class or specific use; (xxiv) "Specialty pet" means any 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; (xxv) "Specialty pet food" means any commercial feed prepared and distributed for consumption by a specialty pet; (xxvi) "Ton" means a net weight of two thousand (2,000) pounds avoirdupois; (xxvii)