MARVIN MANDEL, Governor                                       1613

REVISOR'S NOTE: This subsection presently appears
as Art. 48, §118(i) of the Code. The present
reference to "the State Chemist or his agent"
is proposed for deletion because all the
responsibilities are vested in the Secretary
by §2-102(c) of the Code. The State Chemist
is now included as a unit of the department
under Art. 41, §431 of the Code.

(L) A COMMERCIAL FEED IS "MISBRANDED" IF:

(1)   ITS LABELING IS FALSE OR MISLEADING IN
ANY PARTICULAR;

(2)    IT IS DISTRIBUTED UNDER THE NAME OF
ANOTHER FEED;

(3)   IT IS NOT LABELED AS REQUIRED IN §§
6-109, 6-110, AND 6-111 AND IN THE DEPARTMENTAL RULES
AND REGULATIONS;

(4)   IT PURPORTS TO BE OR IS REPRESENTED AS A
FEED INGREDIENT, OR IF IT PURPORTS TO CONTAIN OR IS
REPRESENTED AS CONTAINING A FEED INGREDIENT, UNLESS
THE FEED INGREDIENT CONFORMS TO ANY DEFINITION OF
IDENTITY, PRESCRIBED BY DEPARTMENTAL RULES AND
REGULATIONS, WHICH SHALL GIVE DUE REGARD TO COMMONLY
ACCEPTED DEFINITIONS, SUCH AS THOSE ISSUED BY THE
ASSOCIATION OF AMERICAN FEED CONTROL OFFICIALS, INC.;
OR

(5)       ANY WORD, STATEMENT, OR OTHER
INFORMATION, REQUIRED TO APPEAR ON THE LABEL OR
LABELING, IS NOT PLACED ON IT PROMINENTLY AND
CONSPICUOUSLY, AS COMPARED WITH OTHER WORDS,
STATEMENTS, DESIGNS, OR DEVICES IN THE LABELING, AND
IT IS NOT IN TERMS THAT RENDER IT LIKELY TO BE READ
AND UNDERSTOOD BY THE ORDINARY INDIVIDUAL UNDER
CUSTOMARY CONDITIONS OF PURCHASE AND USE.

REVISOR'S NOTE: This subsection is new language
derived from Act. 48, §123 of the Code and
set forth here because this definition
applies to the entire subtitle, not merely to
one section. The present reference to
"customer formula feed" is omitted because it
is a commercial feed; See §6—101.

(M) "PERCENT" OR "PERCENTAGE" MEANS PERCENTAGE BY
WEIGHT.