§ 131. Misbranding. A commercial feed shall be deemed to be misbranded if:

Terms Used In N.Y. Agriculture and Markets Law 131

  • Commercial feed: means all materials except unmixed whole seeds or physically altered entire unmixed seeds, when not adulterated within the meaning of subdivision one of section one hundred thirty-two of this article, which are distributed for use as feed or for mixing in feed, and includes pet food and specialty pet food. See N.Y. Agriculture and Markets Law 128
  • Commissioner: means the commissioner of agriculture and markets. See N.Y. Agriculture and Markets Law 128
  • Feed: means all edible materials which are consumed by animals and contribute energy or nutrients to the animal's diet. See N.Y. Agriculture and Markets Law 128
  • Feed ingredient: means each of the constitutent materials making up a commercial feed. See N.Y. Agriculture and Markets Law 128
  • 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 is distributed. See N.Y. Agriculture and Markets Law 128
  • Labeling: means any and all labels and other written, printed or graphic matter (a) upon a commercial feed or any of its containers or wrappers or (b) accompanying such commercial feed. See N.Y. Agriculture and Markets Law 128

1. Its labeling is false or misleading in any particular.

2. It is distributed under the name of another commercial feed.

3. It is not labeled as required in section one hundred thirty of this article.

4. 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, if any, prescribed by regulation by the commissioner.

5. Any word, statement, or other information required by or under authority of this article 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 customary conditions of purchase and use.