OAR 603-058-0110: Definitions

In addition to the definitions set forth in ORS 633.006, and unless the context requires otherwise, the following shall apply to ORS 633.015 to 633.089 and OAR 603-058-0110 to 603-058-0290: (1) "AAFCO Official Publication" means the 2025 edition of the Official Publication of the Association of American Feed Control Officials (AAFCO). (2) "Consultant-formulated" feed means commercial feed manufactured for a final purchaser based upon formula and/or specifications developed by an independent consultant or feed manufacturer. (3) "Director" means the Director of the Oregon Department of Agriculture. (4) "Independent consultant" means any person who provides animal nutritional formulation to a feed purchaser as a service rather than the sale of feed. (5) "Labeling" means all labels and other written or graphic materials in print or electronic form, (a) Upon a product or any of its containers for wrappers, or (b) Accompanying or promoting such product. (6) "Lot identifier" means a unique identifier for each lot, batch or production run that enables the manufacturer to accurately trace the complete manufacturing and distribution history of the product. A lot identifier is an individual lot, batch or production run number, code, date, or other suitable identification applied to the label, container, or package. In the case of bulk feed the lot identifier is on a label, invoice, or shipping document accompanying the feed. (7) "Medicated feed" means a commercial feed in combination with a drug as defined in subsection (10) of ORS 633.006. (8) "Principal display panel" means the out-facing side of the feed tag, or if no tag, the part of the label that is most likely to be displayed, presented, shown or examined under normal or customary conditions of sale. (9) "Product" means an item readily distinguishable from any other item by its content, formula, formulation, brand name, trade name, manufacturer, use as specified in labeling, or other distinction, but not including packaging size or quantity. (10) "Repeat violation" means the same or similar violation by a person for which the Department has pursued an enforcement action, including alternative enforcement actions such as a letter of advisement, within the past five years, including a violation which is the subject of a pending appeal, but not including a violation addressed in an order that has been withdrawn or successfully appealed. Without limiting the foregoing, a person’s failure to register a commercial feed product after receiving a letter of advisement regarding nonregistration of a different commercial feed product, or a person’s sale of an unregistered product after receiving a letter of advisement regarding the sale of a different unregistered product, shall be considered a repeat violation.