When used in this chapter:

(1) “Person” includes individual, partnership, corporation and association;

(2) “Distribute” means to offer for sale, sell 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;

(3) “Distributor” means any person who distributes pursuant to subdivision (2) of this section;

(4) “Sell” or “sale” includes exchange;

(5) “Commercial feed” means all materials which are distributed for the use as feed or for mixing in feed, for animals and cultured aquatic stock other than man except:

a. Unmixed or unprocessed whole seeds and meals made directly from the entire seed;

b. Unground hay, straw, stover, silage, cobs, husks and hulls when not mixed with other materials;

c. Individual chemical compounds when not mixed with other materials;

(6) “Feed ingredient” means each of the constituent materials making up a commercial feed;

(7) “Mineral feed” means a substance or mixture of substances designed or intended to supply primarily mineral elements or inorganic nutrients;

(8) “Customer-formula feed” means a mixture of commercial feeds and/or materials each batch of which mixture is mixed according to the specific instructions of the final purchaser, or contract feeder;

(9) “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;

(10) “Product name” means the name of the commercial feed which identifies it as to kind, class or specific use;

(11) “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;

(12) “Ton” means a net weight of 2,000 pounds avoirdupois;

(13) “Percent” or “percentage” means percentage by weight;

(14) “Official sample” means any sample of feed taken by the Department or its agent and designated as “official” by the Department;

(15) “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.

3 Del. C. 1953, § 1703; 56 Del. Laws, c. 69; 69 Del. Laws, c. 103, § 6.