Haw. Rev. Stat. § 144-2

Current through Chapter 253 of the 2024 Legislative Session

Section 144-2 - Definitions

When used in this chapter:

"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.

"Commercial feed" means all feed except:

(1) Whole seeds unmixed or physically altered entire unmixed seeds, when not adulterated within the meaning of section 144-6, that are distributed for use as feed or for mixing in feed;

(2) Hay, straw, stover, silage, cobs, husks, and hulls when:

(A) Unground; or

(B) Unmixed with other materials;

(3) Wet garbage;

(4) Individual chemical compounds when not mixed with other materials; and

(5) Unmixed feeding cane molasses, unmixed pineapple pulp, unmixed pineapple hay, and unmixed sugarcane hay.

"Custom-mixed feed" means a special commercial mixture that is formulated by the manufacturer or processor in accordance with the specific instructions of the final purchaser and contains feed material or materials wholly or partly supplied by the manufacturer or processor.

"Distribute" means to offer for sale, sell, barter, or otherwise supply feed, commercial feeds, or custom-mixed feeds.

"Distributor" means any person who distributes.

"Drug" means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than human and articles other than feed intended to affect the structure or any function of the animal body.

"Feed" means all edible materials consumed by animals, other than dogs, cats, or other domestic pets, that contribute energy or nutrients to the animal's diet and are distributed or imported.

"Feed ingredient" means each of the constituent materials making up a feed.

"Label" means a display of written, printed, or graphic matter:

(1) Upon or affixed to the container in which a commercial feed is distributed or imported; or

(2) On the invoice or delivery slip with which a commercial feed or custom-mixed feed is distributed or imported.

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

"Official name" of a feed ingredient means the name of a feed ingredient that is defined in the current official publication of the Association of American Feed Control Officials, Incorporated.

"Official sample" means any sample of feed taken by the department or its agent and designated as "official" by the department.

"Person" includes individual, partnership, corporation, and association.

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

"Sell" or "sale" includes exchange.

"Toll-milled feed" means a special feed that is processed by the processor:

(1) From materials entirely delivered by the owner thereof or the owner's authorized agent; and

(2) In accordance with the specific instructions of the owner,

and that is not distributed.

HRS § 144-2

Amended by L 2023, c 17,§ 4, eff. 4/19/2023.

L 1959, c 275, pt of §1; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; Supp, § 24-3; HRS § 144-3; am L 1969, c 27, §§1, 2; am L 1979, c 186, pt of §1; am and ren L 1983, c 214, pt of §2; gen ch 1985

Revision Note

Section "144-6" substituted for "144-7".