189.1 Definitions.
For the purpose of this subtitle, unless the context otherwise requires:
1. “Article” means food, commercial feed, agricultural seed, commercial fertilizer, drug, pesticide, hemp or a hemp product, and paint, in the sense in which they are defined in the various provisions of this subtitle.
2. “Department” means the department of agriculture and land stewardship, and if the department is required or authorized to do an act, the act may be performed by a regular assistant or a duly authorized agent of the department.
3. “Official laboratory” means a biological, chemical, or physical laboratory which performs testing or analysis pursuant to scientific procedures, to the extent the laboratory is recognized by the department as a reliable indicator of scientific results.
4. “Package” or “container”, unless otherwise defined, includes wrapper, box, carton, case, basket, can, bottle, jar, tube, cask, vessel, tub, keg, jug, barrel, tank, tank car, and other receptacles of a like nature; and the expression “offered or exposed for sale or sold in package or wrapped form” means the offering or exposing for sale, or selling of an article which is contained in a package or container as defined in this section.
5. “Pasteurization” or “pasteurized” means the procedure of processing milk or a milk product, in order to ensure its safety from contaminants, if the procedure of pasteurization is consistent with standards adopted by the department pursuant to section 192.102.
6. “Person” includes a corporation, company, firm, society, or association; and the act, omission, or conduct of any officer, agent, or other person acting in a representative capacity shall be imputed to the organization or person represented, and the person acting in that capacity shall also be liable for violations of this subtitle.
7. “Rules” includes regulations and orders by the department.
8. “Secretary” means the secretary of agriculture.
9. “United States Pharmacopoeia” or “National Formulary” means the latest revision of these publications official at the time of a transaction which is in question.
[S13, §2510-o, 3009-a; SS15, §4999-a31c; C24, 27, 31, 35, 39, §3029; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §189.1]
86 Acts, ch 1245, §636; 92 Acts, ch 1163, §44; 94 Acts, ch 1023, §17; 2003 Acts, ch 69, §24, 25; 2012 Acts, ch 1095, §62, 63; 2019 Acts, ch 130, §29, 33
Referred to in §196.1
2019 amendment to subsection 1 effective April 8, 2020; the secretary of agriculture published an advisory notice in IAB Vol. XLII, No. 21 (4/8/20), p. 2630, that the state plan for the production of hemp was certified by the United States department of agriculture and that Code chapter 204 was implemented on that date; see
2019 Acts, ch 130, §18, 33
Subsection 1 amended