(1) Definitions and terms in this chapter as well as those defined in chapter 15.53 RCW are mostly shown in capitalized letters to indicate that they are specifically defined.

(2) The department adopts the Official Feed Terms and the Official Common and Usual Names and Definitions of Feed Ingredients in the AAFCO Official Publication or Common Food Index as referenced in WAC 16-252-064.

(3) In addition, the following definitions apply to this chapter:

(a) "ALL LIFE STAGES" means gestation/lactation, growth, and adult maintenance life stages for dogs, cats, and other mammals or adult (including breeding animals) and juvenile life stages for mammalian species.

(b) "DAILY FOOD" means a SPECIALTY PET FOOD product, other than a treat, FOOD MIXER or FOOD SUPPLEMENT, for SPECIALTY PET species with no recognized nutritional authority.

(c) "DEHYDRATED GRASS MEAL" means the aerial portion of a grass plant that is:

(i) Cut before the formation of seed;

(ii) Reasonably free of other crop plants, weeds, and mold;

(iii) Finely ground; and

(iv) Dried by artificial thermal means.

(d) "DISTRESSED PET FOOD or SPECIALTY PET FOOD" means PET FOOD or SPECIALTY PET FOOD in distribution that is no longer available for RETAIL SALE. Examples of acceptable DISTRESSED PET FOOD or SPECIALTY PET FOOD include, but are not limited to, dented cans with the hermetic seal still intact, torn bags, or past its quality sell-by date.

(e) "FAMILIAR HOUSEHOLD UNIT" means a typical, feeding unit in volume or count.

(f) "FAMILY" means a group of products, which are NUTRITIONALLY ADEQUATE for any or ALL LIFE STAGES based on their nutritional similarity to a lead product, which has been successfully test-fed according to an AAFCO feeding protocol(s).

(g) "FOOD MIXER" means a PET FOOD or SPECIALTY PET FOOD product that is intended to top, accompany, or contribute to a complete diet but is not generally intended to be a complete diet.

(h) "FOOD SUPPLEMENT" means a PET FOOD or SPECIALTY PET FOOD product that is intended to supply specific nutrient(s) or other food components but is not a complete diet.

(i) "GRAIN MIXTURE SPECIALTY PET FOOD" means mixed or intermixed whole or physically altered grains, that:

(i) Are not chemically altered;

(ii) May or may not contain molasses; and

(iii) Except for molasses, contain no other additives.

(j) "GRASS SEED BY-PRODUCTS MEAL or PELLETS" means a ground product consisting of light and broken seeds, hulls, chaff, straw, and some weed seeds but excluding sand, dirt, and heavy weed seeds.

(k) "GRASS SEED SCREENINGS MEAL or PELLETS" means a product comprised chiefly of hulls obtained from the cleaning of various grass seeds.

(l) "GUARANTEE" means a listing of specified nutrients or nonnutritive substances contained in a PET FOOD or SPECIALTY PET FOOD that the GUARANTOR named on the LABEL warrants.

(m) "GUARANTEED ANALYSIS" means a listing of the minimum and/or maximum concentrations of specified nutrients contained in a PET FOOD or SPECIALTY PET FOOD that the GUARANTOR named on the LABEL warrants. Both minimum and maximum concentrations of specified nutrients contained in a PET FOOD or SPECIALTY PET FOOD are stated on an "as is" basis rather than on a "100 PERCENT moisture free" basis in units specified by this chapter.

(n) "GUARANTOR" means any PERSON whose name appears on the LABEL of a PET FOOD or SPECIALTY PET FOOD such as a manufacturer or DISTRIBUTOR and is responsible for:

(i) Product/LABELING information that is not misleading or misbranded;

(ii) Compliance with product/LABELING information and all applicable rules and regulation; and

(iii) Registering PET FOOD/SPECIALTY PET FOOD products DISTRIBUTED in/into the state.

(o) "IMMEDIATE CONTAINER" means the unit, can, box, tin, bag, or other receptacle or covering in which a PET FOOD or SPECIALTY PET FOOD is displayed for SALE to RETAIL purchasers, but does not include containers used as shipping containers.

(p) "INGREDIENT STATEMENT" means a contiguous listing on the LABEL of the FEED INGREDIENTS of which the PET FOOD or SPECIALTY PET FOOD is composed.

(q) "LABEL" means a display of written, printed, or graphic matter upon or affixed to the container in which a PET FOOD or SPECIALTY PET FOOD is DISTRIBUTED, or on the invoice or delivery slip with which a bulk PET FOOD or SPECIALTY PET FOOD is DISTRIBUTED. This includes statements and promotion on company websites or other internet-based customer interfaces.

(r) "LABELING" means all LABELS and other written, printed, or graphic matter upon a PET FOOD or SPECIALTY PET FOOD or any of its containers or wrappers, or accompanying such PET FOOD or SPECIALTY PET FOOD. This includes statements and promotions on company websites or other internet-based customer interfaces.

(s) "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 PET FOOD or SPECIALTY PET FOOD, the LOT IDENTIFIER is on a LABEL, invoice, or shipping document accompanying the PET FOOD or SPECIALTY PET FOOD.

(t) "NET WEIGHT" means the weight of a commodity excluding any materials, substances, or items not considered to be part of the commodity. Examples of materials, substances, or items not considered to be part of a commodity include, but are not limited to, containers, conveyances, bags, wrappers, packaging materials, LABELS, individual piece coverings, decorative accompaniments, and coupons. (See RCW 19.94.010 (1)(s).)

(u) "NUTRITIONALLY ADEQUATE" or "NUTRITIONALLY SUITABLE" means the PET FOOD or SPECIALTY PET FOOD, when fed according to directions on the LABEL, will meet the nutritional requirements of the class of animals for which the PET FOOD or SPECIALTY PET FOOD was MANUFACTURED.

(v) "PEA BRAN" means a product consisting primarily of the various components from a pea splitting operation. PEA BRAN must contain at least 10 PERCENT crude protein and not more than 38 PERCENT crude fiber.

(w) "PEA BY-PRODUCTS MEAL" means a product containing light and broken peas, and offal from pea cleaning, which includes chips, pea powder, pea hulls, and screenings. PEA BY-PRODUCTS MEAL must contain at least 15 PERCENT crude protein and not more than 30 PERCENT crude fiber.

(x) "PEA MEAL" means a pea product resulting from the grinding of whole peas that are reasonably free of other crop seeds, weeds, and mold. PEA MEAL must contain at least 20 PERCENT crude protein and not more than eight PERCENT crude fiber.

(y) "PEA SCREENINGS MEAL" means a product consisting primarily of the various components from the screening and cleaning of peas. PEA SCREENINGS MEAL must contain at least 10 PERCENT crude protein and not more than 38 PERCENT crude fiber.

(z) "PET NUTRITION FACTS" means a designated area located on the LABEL containing nutritional information for a PET FOOD product.

(aa) "PRINCIPAL DISPLAY PANEL" has the same meaning as defined in 21 C.F.R. Part 501.1.

(bb) "QUANTITY STATEMENT" means the part of the LABEL expressing net weight (mass), net volume (liquid or dry) or count.

(cc) "REPACKAGE" means taking PET FOOD and SPECIALTY PET FOOD from packages (no larger than 100 pounds for dry feed or 55 gallons for liquid feed) and placing it into smaller packages for RESALE.

(dd) "SALVAGE PET FOOD and SPECIALTY PET FOOD" means PET FOOD and SPECIALTY PET FOOD still under control of the original manufacturer and will not be offered for SALE at RETAIL. Examples include, but are not limited to, start-up and over-run product, unpelleted PET FOOD or SPECIALTY PET FOOD fines, and other products not suitable for packaging for RETAIL SALE.

(ee) "SELL" or "SALE" means all parts of exchanges concerning COMMERCIAL FEED including, but not limited to, advertising, offering, acceptance, dispensing, giving, delivering, serving, bartering, trading, or other supplying, holding for SALE, and preparing for SALE.

(ff) "SPECIALTY PET NUTRITION FACTS" means a designated area located on the LABEL containing nutritional information for a SPECIALTY PET FOOD product.

(gg) "VETERINARY DIET" means a PET FOOD or SPECIALTY PET FOOD product that is intended to be used under the supervision or direction of a veterinarian only.