No person shall distribute misbranded feed. A commercial feed or customer-formula feed shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any particular;

(2) If it is distributed under the name of another feed;

(3) If it is not labeled as required in § 1705 of this title and in regulations prescribed under this chapter;

(4) If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition of identity, if any, prescribed by regulation of the Department; in the adopting of such regulations the Department shall give due regard to commonly accepted definitions such as those issued by the Association of American Feed Control Officials;

(5) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under the customary conditions of purchase and use.

3 Del. C. 1953, § ?1708; 56 Del. Laws, c. 69; 57 Del. Laws, c. 764, § ?8; 83 Del. Laws, c. 98, § 1;

Terms Used In Delaware Code Title 3 Sec. 1708

  • Commercial feed: means all materials or combination of 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. See Delaware Code Title 3 Sec. 1703

  • Customer-formula feed: means a mixture of commercial feeds or materials each batch of which mixture is mixed according to the specific instructions of the final purchaser, or contract feeder. See Delaware Code Title 3 Sec. 1703
  • 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. See Delaware Code Title 3 Sec. 1703
  • Feed ingredient: means each of the constituent materials making up a commercial feed. See Delaware Code Title 3 Sec. 1703
  • 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. See Delaware Code Title 3 Sec. 1703
  • Person: means an individual, partnership, corporation, association, and other entities. See Delaware Code Title 3 Sec. 1703