Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 344 First Substitute (2017GS)

Sponsor

Rep. Perry, L.

Final action

Governor Signed 3/24/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies definitions;
• states that the Department of Agriculture and Food may contract for services and accept and administer grants;
• modifies the duties of the state veterinarian;
• states that the Department of Agriculture and Food may require labels on certain products;
• states that the Department of Agriculture and Food may make rules in regard to "Utah's Own," a program dedicated to the promotion of locally produced products of agriculture;
• authorizes the Department of Agriculture and Food to deny, revoke, or suspend a pesticide applicator license;
• modifies the membership of the State Weed Committee;
• authorizes the Agricultural Advisory Board to create a subcommittee;
• states that the owner of a bull that has not been tested for trichomoniasis may be fined $1,000 per bull;
• states that a person who owns or possesses an infected animal may be liable for damages inflicted by the animal;
• modifies the length of time a domesticated elk facility shall maintain its records;
• authorizes the Department of Agriculture and Food to set a fee for the application of an industrial hemp certificate;
• strikes outdated language; and

Every vote on this bill

Bill text

UTAH AGRICULTURE CODE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lee B. Perry
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill recodifies and modifies Title 4, Utah Agricultural Code.
Highlighted Provisions:
This bill:
▸ modifies definitions;
▸ states that the Department of Agriculture and Food may contract for services and
accept and administer grants;
▸ modifies the duties of the state veterinarian;
▸ states that the Department of Agriculture and Food may require labels on certain
products;
▸ states that the Department of Agriculture and Food may make rules in regard to
"Utah's Own," a program dedicated to the promotion of locally produced products
of agriculture;
▸ authorizes the Department of Agriculture and Food to deny, revoke, or suspend a
pesticide applicator license;
▸ modifies the membership of the State Weed Committee;
▸ authorizes the Agricultural Advisory Board to create a subcommittee;
▸ states that the owner of a bull that has not been tested for trichomoniasis may be
fined $1,000 per bull;
▸ states that a person who owns or possesses an infected animal may be liable for
damages inflicted by the animal;
▸ modifies the length of time a domesticated elk facility shall maintain its records;
▸ authorizes the Department of Agriculture and Food to set a fee for the application of
an industrial hemp certificate;
▸ strikes outdated language; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
4-2-401
, as enacted by Laws of Utah 2014, Chapter 41
4-2-402
, as last amended by Laws of Utah 2016, Chapter 18
4-2-501
, as enacted by Laws of Utah 2015, Chapter 128
4-2-502
, as enacted by Laws of Utah 2015, Chapter 128
4-2-503
, as enacted by Laws of Utah 2015, Chapter 128
4-2-504
, as enacted by Laws of Utah 2015, Chapter 128
4-12-4
, as last amended by Laws of Utah 1985, Chapter 130
4-18-101
, as renumbered and amended by Laws of Utah 2013, Chapter 227
4-18-102
, as last amended by Laws of Utah 2014, Chapter 383
4-18-103
, as last amended by Laws of Utah 2014, Chapter 383
4-18-104
, as renumbered and amended by Laws of Utah 2013, Chapter 227
4-18-105
, as last amended by Laws of Utah 2016, Chapter 19
4-18-106
, as last amended by Laws of Utah 2016, Chapter 19
4-18-107
, as last amended by Laws of Utah 2014, Chapter 383
4-18-108
, as renumbered and amended by Laws of Utah 2014, Chapters 189 and 383
4-26-101
, as renumbered and amended by Laws of Utah 2012, Chapter 331
4-26-102
, as renumbered and amended by Laws of Utah 2012, Chapter 331
4-26-103
, as renumbered and amended by Laws of Utah 2012, Chapter 331
4-26-104
, as enacted by Laws of Utah 2016, Chapter 18
4-31-105
, as renumbered and amended by Laws of Utah 2012, Chapter 331
4-31-106
, as renumbered and amended by Laws of Utah 2012, Chapter 331
4-31-107
, as renumbered and amended by Laws of Utah 2012, Chapter 331
4-31-108
, as renumbered and amended by Laws of Utah 2012, Chapter 331
4-31-109.1
, as enacted by Laws of Utah 2015, Chapter 414
4-31-113
, as renumbered and amended by Laws of Utah 2012, Chapter 331
4-31-114
, as renumbered and amended by Laws of Utah 2012, Chapter 331
4-31-115
, as renumbered and amended by Laws of Utah 2012, Chapter 331
4-31-116
, as renumbered and amended by Laws of Utah 2012, Chapter 331
4-39-102
, as enacted by Laws of Utah 1997, Chapter 302
4-39-104
, as last amended by Laws of Utah 2016, Chapter 19
4-39-107
, as enacted by Laws of Utah 1997, Chapter 302
4-39-108
, as enacted by Laws of Utah 1997, Chapter 302
4-39-201
, as last amended by Laws of Utah 2010, Chapter 378
4-39-202
, as enacted by Laws of Utah 1997, Chapter 302
4-39-203
, as last amended by Laws of Utah 2009, Chapter 183
4-39-205
, as last amended by Laws of Utah 2010, Chapter 378
4-39-206
, as last amended by Laws of Utah 2010, Chapter 378
4-39-207
, as enacted by Laws of Utah 1997, Chapter 302
4-39-301
, as enacted by Laws of Utah 1997, Chapter 302
4-39-304
, as last amended by Laws of Utah 2010, Chapter 378
4-39-305
, as last amended by Laws of Utah 2010, Chapter 378
4-39-306
, as last amended by Laws of Utah 2010, Chapter 378
4-39-401
, as last amended by Laws of Utah 2014, Chapter 189
4-39-402
, as enacted by Laws of Utah 1997, Chapter 302
4-40-102
, as renumbered and amended by Laws of Utah 2011, Chapter 124
4-41-103
, as enacted by Laws of Utah 2014, Chapter 25
10-8-85.8
, as enacted by Laws of Utah 2007, Chapter 146
11-38-302
, as last amended by Laws of Utah 2009, Chapters 344 and 368
17-50-323
, as enacted by Laws of Utah 2007, Chapter 146
17D-3-102
, as last amended by Laws of Utah 2013, Chapter 227
23-13-19
, as enacted by Laws of Utah 2009, Chapter 308
23-24-1
, as last amended by Laws of Utah 2011, Chapter 297
26-15-1
, as last amended by Laws of Utah 2007, Chapter 146
58-37c-19.5
, as last amended by Laws of Utah 2013, Chapters 262 and 413
63A-3-205
, as last amended by Laws of Utah 2014, Chapter 227
63B-1b-102
, as last amended by Laws of Utah 2014, Chapter 227
63B-1b-202
, as last amended by Laws of Utah 2014, Chapters 203 and 227
63E-1-102
, as last amended by Laws of Utah 2015, Chapters 223, 226, 283, and 411
63I-4a-102
, as last amended by Laws of Utah 2015, Chapters 223, 226, 283, and 411
63J-7-102
, as last amended by Laws of Utah 2015, Chapters 223, 226, 283, and 411
63L-8-403
, as enacted by Laws of Utah 2016, Chapter 317
72-7-401
, as last amended by Laws of Utah 2005, Chapter 2
72-9-502
, as last amended by Laws of Utah 2008, Chapter 382
73-20-2
, as last amended by Laws of Utah 1994, Chapter 12
76-6-111
, as last amended by Laws of Utah 2015, Chapters 172 and 258
78B-4-202
, as last amended by Laws of Utah 2015, Chapter 258
ENACTS:
4-2-101
, Utah Code Annotated 1953
4-3-101
, Utah Code Annotated 1953
4-9-101
, Utah Code Annotated 1953
4-18-201
, Utah Code Annotated 1953
4-19-101
, Utah Code Annotated 1953
4-20-102
, Utah Code Annotated 1953
4-22-101
, Utah Code Annotated 1953
4-25-101
, Utah Code Annotated 1953
4-30-101
, Utah Code Annotated 1953
4-34-101
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
4-1-101
, (Renumbered from 4-1-1, as enacted by Laws of Utah 1979, Chapter 2)
4-1-102
, (Renumbered from 4-1-2, as enacted by Laws of Utah 1979, Chapter 2)
4-1-103
, (Renumbered from 4-1-3, as enacted by Laws of Utah 1979, Chapter 2)
4-1-104
, (Renumbered from 4-1-3.5, as last amended by Laws of Utah 2008, Chapter
382)
4-1-105
, (Renumbered from 4-1-4, as last amended by Laws of Utah 2008, Chapter
156)
4-1-106
, (Renumbered from 4-1-5, as last amended by Laws of Utah 1987, Chapter
161)
4-1-107
, (Renumbered from 4-1-6, as last amended by Laws of Utah 1985, Chapter
130)
4-1-108
, (Renumbered from 4-1-7, as last amended by Laws of Utah 2010, Chapter
378)
4-1-109
, (Renumbered from 4-1-8, as last amended by Laws of Utah 2010, Chapter
324)
4-1-110
, (Renumbered from 4-1-9, as enacted by Laws of Utah 2012, Chapter 401)
4-2-102
, (Renumbered from 4-2-1, as last amended by Laws of Utah 1997, Chapter 82)
4-2-103
, (Renumbered from 4-2-2, as last amended by Laws of Utah 2011, Chapter
383)
4-2-104
, (Renumbered from 4-2-3, as last amended by Laws of Utah 2002, Chapter
176)
4-2-105
, (Renumbered from 4-2-4, as last amended by Laws of Utah 1987, Chapter 15)
4-2-106
, (Renumbered from 4-2-5, as enacted by Laws of Utah 1979, Chapter 2)
4-2-107
, (Renumbered from 4-2-6, as last amended by Laws of Utah 1984, Chapter 67)
4-2-108
, (Renumbered from 4-2-7, as last amended by Laws of Utah 2016, Chapter 19)
4-2-109
, (Renumbered from 4-2-8, as last amended by Laws of Utah 2011, Chapter
383)
4-2-201
, (Renumbered from 4-2-9, as last amended by Laws of Utah 1997, Chapters 10
and 81)
4-2-202
, (Renumbered from 4-2-10, as last amended by Laws of Utah 2007, Chapter
179)
4-2-301
, (Renumbered from 4-2-11, as last amended by Laws of Utah 2013, Chapter
237)
4-2-302
, (Renumbered from 4-2-12, as last amended by Laws of Utah 1996, Chapter
79)
4-2-303
, (Renumbered from 4-2-14, as enacted by Laws of Utah 1985, Chapter 104)
4-2-304
, (Renumbered from 4-2-15, as last amended by Laws of Utah 2010, Chapter
378)
4-3-102
, (Renumbered from 4-3-1, as last amended by Laws of Utah 2015, Chapter
112)
4-3-201
, (Renumbered from 4-3-2, as last amended by Laws of Utah 2008, Chapter
382)
4-3-202
, (Renumbered from 4-3-3, as enacted by Laws of Utah 1979, Chapter 2)
4-3-203
, (Renumbered from 4-3-4, as last amended by Laws of Utah 2007, Chapter
179)
4-3-204
, (Renumbered from 4-3-5, as enacted by Laws of Utah 1979, Chapter 2)
4-3-205
, (Renumbered from 4-3-6, as enacted by Laws of Utah 1979, Chapter 2)
4-3-206
, (Renumbered from 4-3-7, as last amended by Laws of Utah 2007, Chapter
179)
4-3-301
, (Renumbered from 4-3-8, as last amended by Laws of Utah 2007, Chapter
179)
4-3-302
, (Renumbered from 4-3-9, as last amended by Laws of Utah 1987, Chapter
161)
4-3-401
, (Renumbered from 4-3-10, as last amended by Laws of Utah 2015, Chapter
112)
4-3-402
, (Renumbered from 4-3-11, as last amended by Laws of Utah 2001, Chapter
87)
4-3-403
, (Renumbered from 4-3-12, as enacted by Laws of Utah 1979, Chapter 2)
4-3-501
, (Renumbered from 4-3-1.3, as enacted by Laws of Utah 2015, Chapter 112)
4-3-502
, (Renumbered from 4-3-13, as last amended by Laws of Utah 2015, Chapter
112)
4-3-503
, (Renumbered from 4-3-14, as last amended by Laws of Utah 2016, Chapter
402)
4-4-101
, (Renumbered from 4-4-1, as enacted by Laws of Utah 1979, Chapter 2)
4-4-102
, (Renumbered from 4-4-2, as last amended by Laws of Utah 2008, Chapter
382)
4-4-103
, (Renumbered from 4-4-3, as enacted by Laws of Utah 1979, Chapter 2)
4-4-104
, (Renumbered from 4-4-4, as last amended by Laws of Utah 2007, Chapter
179)
4-4-105
, (Renumbered from 4-4-5, as enacted by Laws of Utah 1979, Chapter 2)
4-4-106
, (Renumbered from 4-4-6, as enacted by Laws of Utah 1979, Chapter 2)
4-5-101
, (Renumbered from 4-5-1, as last amended by Laws of Utah 1990, Chapter
157)
4-5-102
, (Renumbered from 4-5-2, as last amended by Laws of Utah 2007, Chapter
146)
4-5-103
, (Renumbered from 4-5-7, as last amended by Laws of Utah 2010, Chapter
378)
4-5-104
, (Renumbered from 4-5-17, as last amended by Laws of Utah 2007, Chapter
179)
4-5-105
, (Renumbered from 4-5-18, as last amended by Laws of Utah 2010, Chapter
378)
4-5-106
, (Renumbered from 4-5-19, as last amended by Laws of Utah 1990, Chapter
157)
4-5-201
, (Renumbered from 4-5-8, as last amended by Laws of Utah 2010, Chapter
378)
4-5-202
, (Renumbered from 4-5-5, as last amended by Laws of Utah 2010, Chapter
378)
4-5-203
, (Renumbered from 4-5-10, as last amended by Laws of Utah 2007, Chapter
179)
4-5-204
, (Renumbered from 4-5-11, as last amended by Laws of Utah 1990, Chapter
157)
4-5-205
, (Renumbered from 4-5-15, as last amended by Laws of Utah 2010, Chapter
378)
4-5-206
, (Renumbered from 4-5-16, as last amended by Laws of Utah 1990, Chapter
157)
4-5-207
, (Renumbered from 4-5-6, as last amended by Laws of Utah 2007, Chapter
179)
4-5-301
, (Renumbered from 4-5-9, as last amended by Laws of Utah 2010, Chapter
378)
4-5-401
, (Renumbered from 4-5-3, as last amended by Laws of Utah 2004, Chapter
358)
4-5-402
, (Renumbered from 4-5-4, as last amended by Laws of Utah 1985, Chapter
104)
4-5-501
, (Renumbered from 4-5-9.5, as last amended by Laws of Utah 2008, Chapter
382)
4-5-502
, (Renumbered from 4-5-20, as enacted by Laws of Utah 2011, Chapter 156)
4-7-101
, (Renumbered from 4-7-1, as last amended by Laws of Utah 2011, Chapter
383)
4-7-102
, (Renumbered from 4-7-2, as last amended by Laws of Utah 2011, Chapter
383)
4-7-103
, (Renumbered from 4-7-3, as last amended by Laws of Utah 2016, Chapter 18)
4-7-104
, (Renumbered from 4-7-4, as last amended by Laws of Utah 1990, Chapter 25)
4-7-105
, (Renumbered from 4-7-5, as last amended by Laws of Utah 2011, Chapter
383)
4-7-106
, (Renumbered from 4-7-6, as last amended by Laws of Utah 1995, Chapter 41)
4-7-107
, (Renumbered from 4-7-7, as last amended by Laws of Utah 2011, Chapter
383)
4-7-108
, (Renumbered from 4-7-8, as last amended by Laws of Utah 2011, Chapter
383)
4-7-109
, (Renumbered from 4-7-9, as last amended by Laws of Utah 2011, Chapter
383)
4-7-110
, (Renumbered from 4-7-10, as last amended by Laws of Utah 2011, Chapter
383)
4-7-201
, (Renumbered from 4-7-11, as last amended by Laws of Utah 2011, Chapter
383)
4-7-202
, (Renumbered from 4-7-12, as last amended by Laws of Utah 2011, Chapter
383)
4-7-203
, (Renumbered from 4-7-13, as last amended by Laws of Utah 2011, Chapter
383)
4-7-204
, (Renumbered from 4-7-13.5, as enacted by Laws of Utah 1985, Chapter 24)
4-7-205
, (Renumbered from 4-7-14, as last amended by Laws of Utah 2011, Chapter
383)
4-8-101
, (Renumbered from 4-8-1, as enacted by Laws of Utah 1979, Chapter 2)
4-8-102
, (Renumbered from 4-8-2, as enacted by Laws of Utah 1979, Chapter 2)
4-8-103
, (Renumbered from 4-8-3, as enacted by Laws of Utah 1979, Chapter 2)
4-8-104
, (Renumbered from 4-8-4, as last amended by Laws of Utah 2010, Chapter
324)
4-8-105
, (Renumbered from 4-8-5, as enacted by Laws of Utah 1979, Chapter 2)
4-8-106
, (Renumbered from 4-8-6, as last amended by Laws of Utah 1987, Chapter
161)
4-8-107
, (Renumbered from 4-8-7, as last amended by Laws of Utah 2007, Chapter
179)
4-9-102
, (Renumbered from 4-9-1, as last amended by Laws of Utah 2004, Chapter
358)
4-9-103
, (Renumbered from 4-9-2, as last amended by Laws of Utah 2008, Chapter
382)
4-9-104
, (Renumbered from 4-9-3, as last amended by Laws of Utah 2004, Chapter
358)
4-9-105
, (Renumbered from 4-9-4, as last amended by Laws of Utah 2004, Chapter
358)
4-9-106
, (Renumbered from 4-9-5, as last amended by Laws of Utah 2004, Chapter
358)
4-9-107
, (Renumbered from 4-9-5.2, as last amended by Laws of Utah 2004, Chapter
358)
4-9-108
, (Renumbered from 4-9-5.3, as last amended by Laws of Utah 2004, Chapter
358)
4-9-109
, (Renumbered from 4-9-5.4, as last amended by Laws of Utah 2004, Chapter
358)
4-9-110
, (Renumbered from 4-9-6, as last amended by Laws of Utah 2004, Chapter
358)
4-9-111
, (Renumbered from 4-9-7, as last amended by Laws of Utah 1990, Chapter
157)
4-9-112
, (Renumbered from 4-9-8, as enacted by Laws of Utah 1979, Chapter 2)
4-9-113
, (Renumbered from 4-9-9, as last amended by Laws of Utah 1992, Chapter 30)
4-9-114
, (Renumbered from 4-9-10, as enacted by Laws of Utah 1979, Chapter 2)
4-9-115
, (Renumbered from 4-9-11, as last amended by Laws of Utah 1985, Chapter
19)
4-9-116
, (Renumbered from 4-9-12, as last amended by Laws of Utah 2004, Chapter
358)
4-9-117
, (Renumbered from 4-9-13, as enacted by Laws of Utah 1979, Chapter 2)
4-9-118
, (Renumbered from 4-9-15, as last amended by Laws of Utah 2010, Chapter
378)
4-10-101
, (Renumbered from 4-10-1, as enacted by Laws of Utah 1979, Chapter 2)
4-10-102
, (Renumbered from 4-10-2, as last amended by Laws of Utah 2016, Chapter
21)
4-10-103
, (Renumbered from 4-10-3, as last amended by Laws of Utah 2008, Chapter
382)
4-10-104
, (Renumbered from 4-10-4, as enacted by Laws of Utah 1979, Chapter 2)
4-10-105
, (Renumbered from 4-10-5, as last amended by Laws of Utah 2016, Chapter
21)
4-10-106
, (Renumbered from 4-10-6, as last amended by Laws of Utah 2016, Chapter
21)
4-10-107
, (Renumbered from 4-10-7, as last amended by Laws of Utah 2016, Chapter
21)
4-10-108
, (Renumbered from 4-10-7.3, as enacted by Laws of Utah 2014, Chapter 411)
4-10-109
, (Renumbered from 4-10-8, as enacted by Laws of Utah 1979, Chapter 2)
4-10-110
, (Renumbered from 4-10-9, as enacted by Laws of Utah 1979, Chapter 2)
4-10-111
, (Renumbered from 4-10-10, as last amended by Laws of Utah 2014, Chapter
411)
4-10-112
, (Renumbered from 4-10-11, as enacted by Laws of Utah 1979, Chapter 2)
4-10-113
, (Renumbered from 4-10-14, as enacted by Laws of Utah 2016, Chapter 21)
4-11-101
, (Renumbered from 4-11-1, as enacted by Laws of Utah 1979, Chapter 2)
4-11-102
, (Renumbered from 4-11-2, as last amended by Laws of Utah 2014, Chapter
411)
4-11-103
, (Renumbered from 4-11-3, as last amended by Laws of Utah 2008, Chapter
382)
4-11-104
, (Renumbered from 4-11-4, as last amended by Laws of Utah 2010, Chapter
73)
4-11-105
, (Renumbered from 4-11-5, as last amended by Laws of Utah 2016, Chapter
348)
4-11-106
, (Renumbered from 4-11-6, as last amended by Laws of Utah 2010, Chapter
73)
4-11-107
, (Renumbered from 4-11-7, as last amended by Laws of Utah 2015, Chapter
414)
4-11-108
, (Renumbered from 4-11-8, as last amended by Laws of Utah 2010, Chapter
73)
4-11-109
, (Renumbered from 4-11-9, as last amended by Laws of Utah 2010, Chapter
73)
4-11-110
, (Renumbered from 4-11-10, as last amended by Laws of Utah 2010, Chapter
73)
4-11-111
, (Renumbered from 4-11-11, as last amended by Laws of Utah 2010, Chapter
73)
4-11-112
, (Renumbered from 4-11-12, as last amended by Laws of Utah 2010, Chapter
73)
4-11-113
, (Renumbered from 4-11-13, as last amended by Laws of Utah 2010, Chapter
73)
4-11-114
, (Renumbered from 4-11-14, as last amended by Laws of Utah 2010, Chapter
73)
4-11-115
, (Renumbered from 4-11-17, as enacted by Laws of Utah 2010, Chapter 73)
4-13-101
, (Renumbered from 4-13-1, as enacted by Laws of Utah 1979, Chapter 2)
4-13-102
, (Renumbered from 4-13-2, as last amended by Laws of Utah 2007, Chapter
179)
4-13-103
, (Renumbered from 4-13-3, as last amended by Laws of Utah 1997, Chapter
81)
4-13-104
, (Renumbered from 4-13-4, as last amended by Laws of Utah 2007, Chapter
179)
4-13-105
, (Renumbered from 4-13-5, as enacted by Laws of Utah 1979, Chapter 2)
4-13-106
, (Renumbered from 4-13-6, as last amended by Laws of Utah 2007, Chapter
179)
4-13-107
, (Renumbered from 4-13-7, as enacted by Laws of Utah 1979, Chapter 2)
4-13-108
, (Renumbered from 4-13-8, as enacted by Laws of Utah 1979, Chapter 2)
4-13-109
, (Renumbered from 4-13-9, as enacted by Laws of Utah 1979, Chapter 2)
4-14-101
, (Renumbered from 4-14-1, as enacted by Laws of Utah 1979, Chapter 2)
4-14-102
, (Renumbered from 4-14-2, as last amended by Laws of Utah 2007, Chapter
370)
4-14-103
, (Renumbered from 4-14-3, as last amended by Laws of Utah 2014, Chapter
411)
4-14-104
, (Renumbered from 4-14-4, as last amended by Laws of Utah 1981, Chapter
3)
4-14-105
, (Renumbered from 4-14-5, as enacted by Laws of Utah 1979, Chapter 2)
4-14-106
, (Renumbered from 4-14-6, as last amended by Laws of Utah 2008, Chapter
382)
4-14-107
, (Renumbered from 4-14-7, as enacted by Laws of Utah 1979, Chapter 2)
4-14-108
, (Renumbered from 4-14-8, as enacted by Laws of Utah 1979, Chapter 2)
4-14-109
, (Renumbered from 4-14-9, as last amended by Laws of Utah 2007, Chapters
179 and 370)
4-14-110
, (Renumbered from 4-14-12, as last amended by Laws of Utah 2007, Chapter
370)
4-14-111
, (Renumbered from 4-14-13, as last amended by Laws of Utah 2014, Chapter
411)
4-15-101
, (Renumbered from 4-15-1, as enacted by Laws of Utah 1981, Chapter 126)
4-15-102
, (Renumbered from 4-15-1.5, as enacted by Laws of Utah 2014, Chapter 411)
4-15-103
, (Renumbered from 4-15-2, as last amended by Laws of Utah 2014, Chapter
411)
4-15-104
, (Renumbered from 4-15-3, as last amended by Laws of Utah 2008, Chapter
382)
4-15-105
, (Renumbered from 4-15-4, as enacted by Laws of Utah 1981, Chapter 126)
4-15-106
, (Renumbered from 4-15-5, as last amended by Laws of Utah 2007, Chapter
179)
4-15-107
, (Renumbered from 4-15-6, as last amended by Laws of Utah 2007, Chapter
179)
4-15-108
, (Renumbered from 4-15-7, as last amended by Laws of Utah 2014, Chapter
411)
4-15-109
, (Renumbered from 4-15-8, as enacted by Laws of Utah 1981, Chapter 126)
4-15-110
, (Renumbered from 4-15-9, as enacted by Laws of Utah 1981, Chapter 126)
4-15-111
, (Renumbered from 4-15-10, as last amended by Laws of Utah 2010, Chapter
378)
4-15-112
, (Renumbered from 4-15-11, as last amended by Laws of Utah 2014, Chapter
411)
4-15-113
, (Renumbered from 4-15-12, as enacted by Laws of Utah 1981, Chapter 126)
4-15-114
, (Renumbered from 4-15-14, as enacted by Laws of Utah 2014, Chapter 411)
4-16-101
, (Renumbered from 4-16-1, as enacted by Laws of Utah 1981, Chapter 126)
4-16-102
, (Renumbered from 4-16-2, as last amended by Laws of Utah 2010, Chapter
324)
4-16-103
, (Renumbered from 4-16-3, as last amended by Laws of Utah 2008, Chapter
382)
4-16-201
, (Renumbered from 4-16-4, as last amended by Laws of Utah 1999, Chapter
237)
4-16-202
, (Renumbered from 4-16-5, as last amended by Laws of Utah 1997, Chapter
81)
4-16-203
, (Renumbered from 4-16-7, as last amended by Laws of Utah 2010, Chapter
324)
4-16-301
, (Renumbered from 4-16-8, as last amended by Laws of Utah 1997, Chapter
81)
4-16-302
, (Renumbered from 4-16-10, as last amended by Laws of Utah 1997, Chapter
81)
4-16-303
, (Renumbered from 4-16-11, as last amended by Laws of Utah 1997, Chapter
81)
4-16-401
, (Renumbered from 4-16-9, as enacted by Laws of Utah 1981, Chapter 126)
4-16-501
, (Renumbered from 4-16-6, as last amended by Laws of Utah 1997, Chapter
81)
4-17-101
, (Renumbered from 4-17-1, as enacted by Laws of Utah 1981, Chapter 126)
4-17-102
, (Renumbered from 4-17-2, as last amended by Laws of Utah 1997, Chapter
82)
4-17-103
, (Renumbered from 4-17-3, as last amended by Laws of Utah 1985, Chapter
18)
4-17-104
, (Renumbered from 4-17-3.5, as last amended by Laws of Utah 2013, Chapter
461)
4-17-105
, (Renumbered from 4-17-4, as last amended by Laws of Utah 1993, Chapter
227)
4-17-106
, (Renumbered from 4-17-4.5, as enacted by Laws of Utah 1985, Chapter 18)
4-17-107
, (Renumbered from 4-17-5, as last amended by Laws of Utah 1993, Chapter
227)
4-17-108
, (Renumbered from 4-17-6, as last amended by Laws of Utah 2007, Chapter
179)
4-17-109
, (Renumbered from 4-17-7, as last amended by Laws of Utah 2010, Chapter
378)
4-17-110
, (Renumbered from 4-17-8, as last amended by Laws of Utah 1985, Chapter
18)
4-17-111
, (Renumbered from 4-17-8.5, as last amended by Laws of Utah 1993, Chapter
227)
4-17-112
, (Renumbered from 4-17-10, as enacted by Laws of Utah 1985, Chapter 18)
4-17-113
, (Renumbered from 4-17-11, as enacted by Laws of Utah 1981, Chapter 126)
4-17-114
, (Renumbered from 4-2-8.7, as last amended by Laws of Utah 2014, Chapter
411)
4-17-115
, (Renumbered from 4-2-8.6, as last amended by Laws of Utah 2014, Chapter
411)
4-18-202
, (Renumbered from 4-2-8.5, as last amended by Laws of Utah 2014, Chapter
411)
4-19-102
, (Renumbered from 4-19-1, as last amended by Laws of Utah 2007, Chapter
179)
4-19-103
, (Renumbered from 4-19-2, as last amended by Laws of Utah 2010, Chapter
324)
4-19-104
, (Renumbered from 4-19-3, as last amended by Laws of Utah 2007, Chapter
179)
4-19-105
, (Renumbered from 4-19-4, as last amended by Laws of Utah 2007, Chapter
179)
4-20-101
, (Renumbered from 4-20-1, as last amended by Laws of Utah 2010, Chapter
278)
4-20-103
, (Renumbered from 4-20-1.5, as last amended by Laws of Utah 2013, Chapter
227)
4-20-104
, (Renumbered from 4-20-1.6, as last amended by Laws of Utah 2011, Chapter
336)
4-20-105
, (Renumbered from 4-20-2, as last amended by Laws of Utah 2011, Chapter
303)
4-20-106
, (Renumbered from 4-20-3, as last amended by Laws of Utah 2014, Chapter
189)
4-20-107
, (Renumbered from 4-20-8, as enacted by Laws of Utah 1979, Chapter 2)
4-20-108
, (Renumbered from 4-20-9, as enacted by Laws of Utah 1979, Chapter 2)
4-20-109
, (Renumbered from 4-20-10, as enacted by Laws of Utah 2011, Chapter 383)
4-22-102
, (Renumbered from 4-22-1, as enacted by Laws of Utah 1979, Chapter 2)
4-22-103
, (Renumbered from 4-22-2, as last amended by Laws of Utah 1999, Chapter
301)
4-22-104
, (Renumbered from 4-22-3, as last amended by Laws of Utah 2010, Chapters
286 and 378)
4-22-105
, (Renumbered from 4-22-6, as last amended by Laws of Utah 2010, Chapters
73 and 378)
4-22-106
, (Renumbered from 4-22-4, as last amended by Laws of Utah 1981, Chapter
4)
4-22-107
, (Renumbered from 4-22-4.5, as last amended by Laws of Utah 2008, Chapter
382)
4-22-108
, (Renumbered from 4-22-5, as enacted by Laws of Utah 1979, Chapter 2)
4-22-201
, (Renumbered from 4-22-7, as last amended by Laws of Utah 2005, Chapter
173)
4-22-202
, (Renumbered from 4-22-8, as last amended by Laws of Utah 2004, Chapter
128)
4-22-203
, (Renumbered from 4-22-8.5, as last amended by Laws of Utah 1999, Chapter
301)
4-22-301
, (Renumbered from 4-22-9, as enacted by Laws of Utah 1979, Chapter 2)
4-22-302
, (Renumbered from 4-22-9.5, as last amended by Laws of Utah 1995, Chapter
20)
4-22-303
, (Renumbered from 4-22-10, as enacted by Laws of Utah 1979, Chapter 2)
4-23-101
, (Renumbered from 4-23-1, as enacted by Laws of Utah 1979, Chapter 2)
4-23-102
, (Renumbered from 4-23-2, as enacted by Laws of Utah 1979, Chapter 2)
4-23-103
, (Renumbered from 4-23-3, as last amended by Laws of Utah 1989, Chapter
109)
4-23-104
, (Renumbered from 4-23-4, as last amended by Laws of Utah 2010, Chapters
286 and 324)
4-23-105
, (Renumbered from 4-23-5, as last amended by Laws of Utah 2010, Chapter
378)
4-23-106
, (Renumbered from 4-23-6, as last amended by Laws of Utah 2010, Chapter
378)
4-23-107
, (Renumbered from 4-23-7, as last amended by Laws of Utah 2010, Chapter
73)
4-23-108
, (Renumbered from 4-23-7.5, as last amended by Laws of Utah 2009, Chapter
17)
4-23-109
, (Renumbered from 4-23-8, as last amended by Laws of Utah 2015, Chapter
414)
4-23-110
, (Renumbered from 4-23-10, as enacted by Laws of Utah 1979, Chapter 2)
4-23-111
, (Renumbered from 4-23-11, as last amended by Laws of Utah 1997, Chapter
82)
4-24-101
, (Renumbered from 4-24-1, as enacted by Laws of Utah 1979, Chapter 2)
4-24-102
, (Renumbered from 4-24-2, as last amended by Laws of Utah 2010, Chapter
378)
4-24-103
, (Renumbered from 4-24-3, as last amended by Laws of Utah 2008, Chapter
382)
4-24-104
, (Renumbered from 4-24-4, as last amended by Laws of Utah 2010, Chapters
286 and 324)
4-24-105
, (Renumbered from 4-24-30, as last amended by Laws of Utah 1995, Chapter
20)
4-24-201
, (Renumbered from 4-24-5, as enacted by Laws of Utah 1979, Chapter 2)
4-24-202
, (Renumbered from 4-24-7, as enacted by Laws of Utah 1979, Chapter 2)
4-24-203
, (Renumbered from 4-24-8, as last amended by Laws of Utah 1985, Chapter
130)
4-24-204
, (Renumbered from 4-24-9, as last amended by Laws of Utah 1983, Chapter
4)
4-24-205
, (Renumbered from 4-24-10, as last amended by Laws of Utah 2010, Chapter
324)
4-24-301
, (Renumbered from 4-24-6, as last amended by Laws of Utah 1988, Chapter
42)
4-24-302
, (Renumbered from 4-24-11, as last amended by Laws of Utah 1997, Chapter
302)
4-24-303
, (Renumbered from 4-24-12, as last amended by Laws of Utah 2010, Chapter
378)
4-24-304
, (Renumbered from 4-24-13, as last amended by Laws of Utah 1997, Chapter
302)
4-24-305
, (Renumbered from 4-24-14, as last amended by Laws of Utah 1997, Chapter
302)
4-24-306
, (Renumbered from 4-24-15, as last amended by Laws of Utah 1997, Chapter
302)
4-24-307
, (Renumbered from 4-24-17, as last amended by Laws of Utah 1997, Chapter
302)
4-24-308
, (Renumbered from 4-24-21, as last amended by Laws of Utah 1985, Chapter
130)
4-24-309
, (Renumbered from 4-24-16.3, as enacted by Laws of Utah 2015, Chapter
161)
4-24-401
, (Renumbered from 4-24-18, as enacted by Laws of Utah 1979, Chapter 2)
4-24-402
, (Renumbered from 4-24-19, as enacted by Laws of Utah 1979, Chapter 2)
4-24-403
, (Renumbered from 4-24-31, as enacted by Laws of Utah 2015, Chapter 161)
4-24-404
, (Renumbered from 4-24-20, as last amended by Laws of Utah 2010, Chapter
378)
4-24-405
, (Renumbered from 4-24-22, as last amended by Laws of Utah 1985, Chapter
130)
4-24-406
, (Renumbered from 4-24-23, as last amended by Laws of Utah 1985, Chapter
130)
4-24-501
, (Renumbered from 4-24-24, as last amended by Laws of Utah 1997, Chapter
302)
4-24-502
, (Renumbered from 4-24-25, as enacted by Laws of Utah 1979, Chapter 2)
4-24-503
, (Renumbered from 4-24-26, as enacted by Laws of Utah 1979, Chapter 2)
4-24-504
, (Renumbered from 4-24-28, as last amended by Laws of Utah 1986, Second
Special Session, Chapter 10)
4-24-505
, (Renumbered from 4-24-29, as enacted by Laws of Utah 1979, Chapter 2)
4-24-506
, (Renumbered from 4-24-32, as enacted by Laws of Utah 2015, Chapter 161)
4-25-102
, (Renumbered from 4-25-1, as last amended by Laws of Utah 2015, Chapter
105)
4-25-103
, (Renumbered from 4-25-2, as last amended by Laws of Utah 1983, Chapter
7)
4-25-104
, (Renumbered from 4-25-3, as last amended by Laws of Utah 2008, Chapter
382)
4-25-201
, (Renumbered from 4-25-4, as last amended by Laws of Utah 2009, Chapter
282)
4-25-202
, (Renumbered from 4-25-5, as last amended by Laws of Utah 2009, Chapter
282)
4-25-203
, (Renumbered from 4-25-6, as last amended by Laws of Utah 1983, Chapter
7)
4-25-204
, (Renumbered from 4-25-7, as last amended by Laws of Utah 2009, Chapter
196)
4-25-205
, (Renumbered from 4-25-8, as last amended by Laws of Utah 2005, Chapter
118)
4-25-206
, (Renumbered from 4-25-9, as enacted by Laws of Utah 1979, Chapter 2)
4-25-301
, (Renumbered from 4-25-12, as repealed and reenacted by Laws of Utah
2012, Chapter 331)
4-25-302
, (Renumbered from 4-25-12.1, as last amended by Laws of Utah 2015,
Chapter 105)
4-25-303
, (Renumbered from 4-25-12.3, as enacted by Laws of Utah 2015, Chapter
105)
4-25-401
, (Renumbered from 4-25-14, as last amended by Laws of Utah 2009, Chapter
282)
4-30-102
, (Renumbered from 4-30-1, as last amended by Laws of Utah 1999, Chapter
298)
4-30-103
, (Renumbered from 4-30-2, as last amended by Laws of Utah 2010, Chapter
286)
4-30-104
, (Renumbered from 4-30-3, as last amended by Laws of Utah 2008, Chapter
382)
4-30-105
, (Renumbered from 4-30-4, as last amended by Laws of Utah 1999, Chapter
298)
4-30-106
, (Renumbered from 4-30-5, as last amended by Laws of Utah 2010, Chapter
90)
4-30-107
, (Renumbered from 4-30-6, as last amended by Laws of Utah 2007, Chapter
179)
4-30-108
, (Renumbered from 4-30-7, as last amended by Laws of Utah 1999, Chapter
298)
4-30-109
, (Renumbered from 4-30-7.5, as enacted by Laws of Utah 1999, Chapter 298)
4-30-110
, (Renumbered from 4-30-7.6, as last amended by Laws of Utah 2010, Chapter
378)
4-30-111
, (Renumbered from 4-30-8, as last amended by Laws of Utah 1985, Chapter
130)
4-30-112
, (Renumbered from 4-30-9, as last amended by Laws of Utah 1999, Chapter
298)
4-32-101
, (Renumbered from 4-32-1, as enacted by Laws of Utah 1979, Chapter 2)
4-32-102
, (Renumbered from 4-32-2, as last amended by Laws of Utah 2010, Chapter
242)
4-32-103
, (Renumbered from 4-32-2.1, as enacted by Laws of Utah 2010, Chapter 242)
4-32-104
, (Renumbered from 4-32-2.2, as enacted by Laws of Utah 2010, Chapter 242)
4-32-105
, (Renumbered from 4-32-3, as last amended by Laws of Utah 2016, Chapter
18)
4-32-106
, (Renumbered from 4-32-4, as last amended by Laws of Utah 2011, Chapter
383)
4-32-107
, (Renumbered from 4-32-5, as last amended by Laws of Utah 2010, Chapter
242)
4-32-108
, (Renumbered from 4-32-6, as last amended by Laws of Utah 2010, Chapter
242)
4-32-109
, (Renumbered from 4-32-7, as last amended by Laws of Utah 2016, Chapter
18)
4-32-110
, (Renumbered from 4-32-8, as last amended by Laws of Utah 2010, Chapter
242)
4-32-111
, (Renumbered from 4-32-9, as last amended by Laws of Utah 1997, Chapter
296)
4-32-112
, (Renumbered from 4-32-10, as last amended by Laws of Utah 1987, Chapter
161)
4-32-113
, (Renumbered from 4-32-11, as last amended by Laws of Utah 2014, Chapter
189)
4-32-114
, (Renumbered from 4-32-12, as last amended by Laws of Utah 2010, Chapter
242)
4-32-115
, (Renumbered from 4-32-13, as last amended by Laws of Utah 2010, Chapter
242)
4-32-116
, (Renumbered from 4-32-14, as last amended by Laws of Utah 1997, Chapter
289)
4-32-117
, (Renumbered from 4-32-15, as enacted by Laws of Utah 1979, Chapter 2)
4-32-118
, (Renumbered from 4-32-16, as last amended by Laws of Utah 2010, Chapters
242 and 378)
4-32-119
, (Renumbered from 4-32-17, as last amended by Laws of Utah 2010, Chapter
242)
4-32-120
, (Renumbered from 4-32-18, as last amended by Laws of Utah 2010, Chapter
242)
4-32-121
, (Renumbered from 4-32-20, as last amended by Laws of Utah 2010, Chapter
242)
4-32-122
, (Renumbered from 4-32-21, as last amended by Laws of Utah 2010, Chapter
242)
4-32-123
, (Renumbered from 4-32-22, as last amended by Laws of Utah 2010, Chapters
242 and 378)
4-33-101
, (Renumbered from 4-33-1, as enacted by Laws of Utah 1981, Chapter 8)
4-33-102
, (Renumbered from 4-33-2, as enacted by Laws of Utah 1981, Chapter 8)
4-33-103
, (Renumbered from 4-33-3, as enacted by Laws of Utah 1981, Chapter 8)
4-33-104
, (Renumbered from 4-33-4, as last amended by Laws of Utah 2008, Chapter
382)
4-33-105
, (Renumbered from 4-33-5, as enacted by Laws of Utah 1981, Chapter 8)
4-33-106
, (Renumbered from 4-33-6, as enacted by Laws of Utah 1981, Chapter 8)
4-33-107
, (Renumbered from 4-33-7, as enacted by Laws of Utah 1981, Chapter 8)
4-33-108
, (Renumbered from 4-33-8, as last amended by Laws of Utah 2002, Chapter
9)
4-33-109
, (Renumbered from 4-33-9, as enacted by Laws of Utah 1981, Chapter 8)
4-33-110
, (Renumbered from 4-33-10, as enacted by Laws of Utah 1981, Chapter 8)
4-34-102
, (Renumbered from 4-34-1, as enacted by Laws of Utah 1981, Chapter 70)
4-34-103
, (Renumbered from 4-34-2, as enacted by Laws of Utah 1981, Chapter 70)
4-34-104
, (Renumbered from 4-34-3, as enacted by Laws of Utah 1981, Chapter 70)
4-34-105
, (Renumbered from 4-34-4, as enacted by Laws of Utah 1981, Chapter 70)
4-34-106
, (Renumbered from 4-34-5, as enacted by Laws of Utah 1981, Chapter 70)
4-34-107
, (Renumbered from 4-34-6, as last amended by Laws of Utah 1990, Chapter
157)
4-35-101
, (Renumbered from 4-35-1, as enacted by Laws of Utah 1985, Chapter 133)
4-35-102
, (Renumbered from 4-35-2, as last amended by Laws of Utah 1997, Chapter
82)
4-35-103
, (Renumbered from 4-35-3, as last amended by Laws of Utah 2010, Chapter
286)
4-35-104
, (Renumbered from 4-35-4, as last amended by Laws of Utah 2002, Chapter
132)
4-35-105
, (Renumbered from 4-35-5, as enacted by Laws of Utah 1985, Chapter 133)
4-35-106
, (Renumbered from 4-35-6, as last amended by Laws of Utah 2010, Chapter
391)
4-35-107
, (Renumbered from 4-35-7, as last amended by Laws of Utah 2010, Chapter
378)
4-35-108
, (Renumbered from 4-35-8, as enacted by Laws of Utah 1985, Chapter 133)
4-35-109
, (Renumbered from 4-35-9, as enacted by Laws of Utah 1985, Chapter 133)
4-38-101
, (Renumbered from 4-38-1, as enacted by Laws of Utah 1992, Chapter 296)
4-38-102
, (Renumbered from 4-38-2, as last amended by Laws of Utah 1993, Chapter
64)
4-38-103
, (Renumbered from 4-38-3, as last amended by Laws of Utah 2016, Chapter
19)
4-38-104
, (Renumbered from 4-38-4, as last amended by Laws of Utah 2008, Chapter
382)
4-38-105
, (Renumbered from 4-38-5, as enacted by Laws of Utah 1992, Chapter 296)
4-38-106
, (Renumbered from 4-38-6, as last amended by Laws of Utah 2008, Chapter
382)
4-38-201
, (Renumbered from 4-38-7, as last amended by Laws of Utah 2007, Chapter
322)
4-38-202
, (Renumbered from 4-38-8, as last amended by Laws of Utah 2010, Chapter
324)
4-38-203
, (Renumbered from 4-38-10, as last amended by Laws of Utah 1993, Chapter
64)
4-38-301
, (Renumbered from 4-38-9, as last amended by Laws of Utah 1993, Chapters
4 and 64)
4-38-302
, (Renumbered from 4-38-11, as enacted by Laws of Utah 1992, Chapter 296)
4-38-303
, (Renumbered from 4-38-12, as enacted by Laws of Utah 1992, Chapter 296)
4-38-304
, (Renumbered from 4-38-15, as enacted by Laws of Utah 1992, Chapter 296)
4-38-401
, (Renumbered from 4-38-13, as enacted by Laws of Utah 1992, Chapter 296)
4-38-402
, (Renumbered from 4-38-16, as enacted by Laws of Utah 1993, Chapter 64)
4-38-501
, (Renumbered from 4-38-14, as last amended by Laws of Utah 2008, Chapter
382)
REPEALS:
4-11-15
, as last amended by Laws of Utah 2010, Chapter 73
4-18-109
, as enacted by Laws of Utah 2016, Chapter 166
4-25-10
, as enacted by Laws of Utah 1979, Chapter 2
4-25-11
, as repealed and reenacted by Laws of Utah 1988, Chapter 139
4-31-117
, as renumbered and amended by Laws of Utah 2012, Chapter 331
4-36-1
, as enacted by Laws of Utah 1985, Chapter 191
4-36-2
, as enacted by Laws of Utah 1985, Chapter 191
4-36-3
, as last amended by Laws of Utah 1997, Chapter 82
4-36-4
, as last amended by Laws of Utah 1997, Chapter 82
4-36-5
, as enacted by Laws of Utah 1985, Chapter 191
4-36-6
, as enacted by Laws of Utah 1985, Chapter 191
4-36-7
, as enacted by Laws of Utah 1985, Chapter 191
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-1-101
, which is renumbered from Section 4-1-1 is renumbered
and amended to read:
TITLE 4. UTAH AGRICULTURAL CODE
[
4-1-1
].
 4-1-101.
Title.
This title [
shall be
] 
is
 known [
and may be cited
] as the "Utah Agricultural Code."
Section 2. Section 
4-1-102
, which is renumbered from Section 4-1-2 is renumbered
and amended to read:
[
4-1-2
].
 4-1-102.
Construction.
This [
code
] 
title
 shall be liberally construed and applied to promote and [
effectuate
]
carry out
 its policies and purposes.
Section 3. Section 
4-1-103
, which is renumbered from Section 4-1-3 is renumbered
and amended to read:
[
4-1-3
].
 4-1-103.
Principles of law and equity applicable.
Unless displaced by the particular provisions of this code, the principles of law and
equity supplement [
its
] 
the
 provisions 
of this title
.
Section 4. Section 
4-1-104
, which is renumbered from Section 4-1-3.5 is renumbered
and amended to read:
[
4-1-3.5
].
 4-1-104.
Procedures -- Adjudicative proceedings.
The Department of Agriculture and Food and [
its
] 
the department's
 divisions shall
comply with [
the procedures and requirements of
] Title 63G, Chapter 4, Administrative
Procedures Act, in their adjudicative proceedings.
Section 5. Section 
4-1-105
, which is renumbered from Section 4-1-4 is renumbered
and amended to read:
[
4-1-4
].
 4-1-105.
Code enforcement -- Inspection authorized --
Condemnation or seizure -- Injunctive relief -- Costs awarded -- County or district
attorney to represent state -- Criminal actions -- Witness fee.
(1) To enforce a provision in this title, the department may:
(a) enter, at reasonable times, and inspect a public or private premises where an
agricultural product is located; and
(b) obtain a sample of an agricultural product at no charge to the department, unless
otherwise specified in this title.
(2) The department may proceed immediately, if admittance is refused, to obtain an ex
parte warrant from the nearest court of competent jurisdiction to allow entry to the premises to
inspect or obtain a sample.
(3) (a) The department is authorized in a court of competent jurisdiction to:
(i) seek an order of seizure or condemnation of an agricultural product that violates this
title; or
(ii) upon proper grounds, obtain a temporary restraining order or temporary or
permanent injunction to prevent violation of this title.
(b) The court may not require a bond of the department in an injunctive proceeding
brought under this section.
(4) (a) If the court orders condemnation, the department shall dispose of the
agricultural product as the court directs.
(b) The court may not order condemnation without giving the claimant of the
agricultural product an opportunity to apply to the court for permission to:
(i) bring the agricultural product into conformance; or
(ii) remove the agricultural product from the state.
(5) If the department prevails in an action authorized by Subsection (3)(a), the court
shall award court costs, fees, storage, and other costs to the department.
(6) (a) Unless otherwise specifically provided by this title, the county attorney of the
county in which the product is located or the act 
is
 committed shall represent the department in
an action commenced under authority of this section.
(b) The attorney general shall represent the department in an action to enforce:
(i) Chapter 3, Utah Dairy Act; or
(ii) Chapter 5, Utah Wholesome Food Act.
(7) (a) In a criminal action brought by the department for violation of this title, the
county attorney or district attorney in the county in which the alleged criminal activity occurs
shall represent the state.
(b) Before the department pursues a criminal action, the department shall first give to
the person [
it
] 
the department
 intends to have charged:
(i) written notice of [
its
] 
the department's
 intent to file criminal charges; and
(ii) an opportunity to present, personally or through counsel, the person's views with
respect to the contemplated action.
(8) A witness subpoenaed by the department for whatever purpose is entitled to:
(a) a witness fee for each day of required attendance at a proceeding initiated by the
department; and
(b) mileage in accordance with the fees and mileage allowed a witness appearing in a
district court of this state.
Section 6. Section 
4-1-106
, which is renumbered from Section 4-1-5 is renumbered
and amended to read:
[
4-1-5
].
 4-1-106.
Suspension or revocation of license or registration --
Judicial review -- Attorney general to represent department.
(1) If the department has reason to believe that a licensee or registrant is or has engaged
in conduct that violates this title, [
it
] 
the department
 shall issue and serve a notice of agency
action.
(2) The commissioner, or the hearing officer designated by the commissioner, may
suspend or revoke a person's license or registration if the commissioner or hearing officer finds
by a preponderance of the evidence that the person is engaging, or has engaged, in conduct that
violates this title.
(3) (a) Any person whose registration or license is suspended or revoked under this
section may obtain judicial review.
(b) Venue for judicial review of informal adjudicative proceedings is in the district
court in the county where the alleged acts giving rise to the suspension or revocation occurred.
(4) The attorney general shall represent the department in any original action or appeal
commenced under this section.
Section 7. Section 
4-1-107
, which is renumbered from Section 4-1-6 is renumbered
and amended to read:
[
4-1-6
].
 4-1-107.
Fees and late charges.
(1)
 If an annual registration, license, or other fee is imposed under any chapter of this
[
code
] 
title
, it shall be determined by the department pursuant to Subsection [
4-2-2
] 
4-2-103
(2).
(2)
 If the renewal of the registration or license is conditioned[
, among other things,
]
upon the payment of a renewal fee on or before a specified date, the department shall charge
and collect the renewal fee and a late fee on any license or registration [
which
] 
that
 is renewed
after the date specified for renewal in the applicable chapter.
(3)
 The renewal fee and late fee shall be determined by the department pursuant to
Subsection [
4-2-2
] 
4-2-103
(2).
Section 8. Section 
4-1-108
, which is renumbered from Section 4-1-7 is renumbered
and amended to read:
[
4-1-7
].
 4-1-108.
Severability clause.
If any provision of this [
code
] 
title,
 or the application of any [
such
] provision to any
person or circumstance
,
 is held invalid, the invalidity does not affect other provisions or
applications of this [
code which
] 
title that
 can be given effect without the invalid provision or
application, and to this end the provisions of this [
code
] 
title
 are declared to be severable.
Section 9. Section 
4-1-109
, which is renumbered from Section 4-1-8 is renumbered
and amended to read:
[
4-1-8
].
 4-1-109.
General definitions.
[
Subject to additional definitions contained in the chapters of this title which are
applicable to specific chapters, as
]
As
 used in this title:
[
(2)
] 
(1)
 "Agricultural product" or "product of agriculture" means any product [
which
]
that
 is derived from agriculture, including any product derived from aquaculture as defined in
Section 
4-37-103
.
[
(1)
] 
(2)
 "Agriculture" means the science and art of the production of plants and
animals useful to man
,
 including the preparation of plants and animals for human use and
disposal by marketing or otherwise.
(3) "Commissioner" means the commissioner of agriculture and food.
(4) "Department" means the Department of Agriculture and Food created in Chapter 2,
Department - State Chemist - Enforcement.
(5) "Dietary supplement" [
has the meaning
] 
means the same as that term is
 defined in
the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
(6) "Livestock" means cattle, sheep, goats, swine, horses, mules, poultry, domesticated
elk as defined in Section 
4-39-102
, or any other domestic animal or domestic furbearer raised
or kept for profit.
(7) "Organization" means a corporation, government or governmental subdivision or
agency, business trust, estate, trust, partnership, association, two or more persons having a joint
or common interest, or any other legal entity.
(8) "Person" means a natural person or individual, corporation, organization, or other
legal entity.
Section 10. Section 
4-1-110
, which is renumbered from Section 4-1-9 is renumbered
and amended to read:
[
4-1-9
].
 4-1-110.
Growing or storing food for personal or family use.
(1) As used in this section, "family food" means food owned by an individual that is
intended for the individual's consumption, or for consumption by members of the individual's
immediate family, that:
(a) is legal for human consumption;
(b) is lawfully possessed; and
(c) poses no risk:
(i) to health;
(ii) of spreading insect infestation; or
(iii) of spreading agricultural disease.
(2) Family food that is grown by an individual on the individual's property is not
subject to local or federal regulation if growth of the family food:
(a) does not negatively impact the rights of adjoining property owners; and
(b) complies with the food safety requirements of this title.
(3) A government entity may not confiscate family food described in Subsection (2) or
family food that is stored by the owner in the owner's home or dwelling.
(4) 
(a)
 If any provision of this section or the application of any provision of this section
to any person or circumstance is held invalid by a final decision of a court of competent
jurisdiction, the remainder of this section shall be given effect without the invalid provision or
application.
(b)
 The provisions of this section are severable.
Section 11. Section 
4-2-101
 is enacted to read:
CHAPTER 2. ADMINISTRATION
Part 1. Organization
 4-2-101.
Title.
This chapter is known as "Administration."
Section 12. Section 
4-2-102
, which is renumbered from Section 4-2-1 is renumbered
and amended to read:
[
4-2-1
].
 4-2-102.
Department created.
(1)
 There is [
hereby
] created within state government the Department of Agriculture
and Food [
which
]
.
(2) The department created in Subsection (1)
 is responsible [
in this state
] for the
administration and enforcement of all laws, services, functions, and consumer programs related
to agriculture 
in this state
 as assigned to the department by the Legislature.
Section 13. Section 
4-2-103
, which is renumbered from Section 4-2-2 is renumbered
and amended to read:
[
4-2-2
].
 4-2-103.
Functions, powers, and duties of department -- Fees for
services -- Marketing orders -- Procedure -- Purchasing and auditing.
(1) The department shall:
(a) inquire into and promote the interests and products of agriculture and [
its
] allied
industries;
(b) promote methods for increasing the production and facilitating the distribution of
the agricultural products of the state;
(c) (i) inquire into the cause of contagious, infectious, and communicable diseases
among livestock and the means for their prevention and cure; and
(ii) initiate, implement, and administer plans and programs to prevent the spread of
diseases among livestock;
(d) encourage experiments designed to determine the best means and methods for the
control of diseases among domestic and wild animals;
(e) issue marketing orders for any designated agricultural product to:
(i) promote orderly market conditions for any product;
(ii) give the producer a fair return on the producer's investment at the marketplace; and
(iii) only promote and not restrict or restrain the marketing of Utah agricultural
commodities;
(f) administer and enforce all laws assigned to the department by the Legislature;
(g) establish standards and grades for agricultural products and fix and collect
reasonable fees for services performed by the department in conjunction with the grading of
agricultural products;
(h) establish operational standards for any establishment that manufactures, processes,
produces, distributes, stores, sells, or offers for sale any agricultural product;
(i) adopt, according to Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
rules necessary for the effective administration of the agricultural laws of the state;
(j) when necessary, make investigations, subpoena witnesses and records, conduct
hearings, issue orders, and make recommendations concerning all matters related to
agriculture;
(k) (i) inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or any
private or public place that may become infested or infected with harmful insects, plant
diseases, noxious or poisonous weeds, or other agricultural pests;
(ii) establish and enforce quarantines;
(iii) issue and enforce orders and rules for the control and eradication of pests,
wherever they may exist within the state; and
(iv) perform other duties relating to plants and plant products considered advisable and
not contrary to law;
(l) inspect apiaries for diseases inimical to bees and beekeeping;
(m) take charge of any agricultural exhibit within the state, if considered necessary by
the department, and award premiums at that exhibit;
(n) assist the Conservation Commission in the administration of Title 4, Chapter 18,
Conservation Commission Act, and administer and disburse any funds available to assist
conservation districts in the state in the conservation of the state's soil and water resources;
(o) participate in the United States Department of Agriculture certified agricultural
mediation program, in accordance with 7 U.S.C. Sec. 5101 and 7 C.F.R. Part 785;
(p) promote and support the multiple use of public lands; and
(q) perform any additional functions, powers, and duties provided by law.
(2) The department, by following the procedures and requirements of Section
63J-1-504
, may adopt a schedule of fees assessed for services provided by the department.
(3) (a) No marketing order issued under Subsection (1)(e) shall take effect until:
(i) the department gives notice of the proposed order to the producers and handlers of
the affected product;
(ii) the commissioner conducts a hearing on the proposed order; and
(iii) at least 50% of the registered producers and handlers of the affected products vote
in favor of the proposed order.
(b) (i) The department may establish boards of control to administer marketing orders
and the proceeds derived from any order.
(ii) [
The
] 
A
 board of control shall:
(A) ensure that all proceeds are placed in an account in the board of control's name in a
depository institution; and
(B) ensure that the account is annually audited by an accountant approved by the
commissioner.
(4) Funds collected by grain grading, as provided by Subsection (1)(g), shall be
deposited [
in
] 
into
 the General Fund as dedicated credits for the grain grading program.
(5) In fulfilling its duties in this chapter, the department may:
(a) purchase, as authorized or required by law, services that the department is
responsible to provide for legally eligible persons;
(b) take necessary steps, including legal action, to recover money or the monetary value
of services provided to a recipient who is not eligible;
(c) examine and audit the expenditures of any public funds provided to a local
authority, agency, or organization that contracts with or receives funds from those authorities or
agencies; and
(d) accept and administer grants from the federal government and from other sources,
public or private.
Section 14. Section 
4-2-104
, which is renumbered from Section 4-2-3 is renumbered
and amended to read:
[
4-2-3
].
 4-2-104.
Administration by commissioner.
(1)
 Administration of the department is under the direction, control, and management
of a commissioner appointed by the governor with the consent of the Senate.
(2)
 The commissioner shall serve at the pleasure of the governor.
(3)
 The governor shall establish the commissioner's compensation within the salary
range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
Section 15. Section 
4-2-105
, which is renumbered from Section 4-2-4 is renumbered
and amended to read:
[
4-2-4
].
 4-2-105.
Organization of divisions within department.
The commissioner shall organize the department into divisions, as necessary, for the
efficient administration of the department's business.
Section 16. Section 
4-2-106
, which is renumbered from Section 4-2-5 is renumbered
and amended to read:
[
4-2-5
].
 4-2-106.
Submission of department's budget.
(1)
 The commissioner, [
on or before October 1 of each year
] 
upon request of the
governor
, shall submit an itemized budget for the department to the governor.
(2)
 The proposed budget 
described in Subsection (1)
 shall
:
(a)
 contain a complete plan of proposed expenditures and estimated revenues for the
ensuing fiscal year
;
 and [
shall
]
(b)
 be accompanied by a statement setting forth the revenues and expenditures for the
fiscal year next preceding[
,
] and the current assets and liabilities of the department, including
restricted revenue accounts and dedicated credits.
Section 17. Section 
4-2-107
, which is renumbered from Section 4-2-6 is renumbered
and amended to read:
[
4-2-6
].
 4-2-107.
Official seal -- Authentication of records.
(1)
 The department shall adopt and use an official seal, a description and impression of
which shall be filed with the Division of Archives.
(2)
 Copies of official department records, documents, and proceedings may be
authenticated with the seal attested by the commissioner.
Section 18. Section 
4-2-108
, which is renumbered from Section 4-2-7 is renumbered
and amended to read:
[
4-2-7
].
 4-2-108.
Agricultural Advisory Board created -- Composition --
Responsibility -- Terms of office -- Compensation.
(1) There is created the Agricultural Advisory Board composed of 21 members, with
each member representing one of the following:
(a) Utah Farm Bureau Federation;
(b) Utah Farmers Union;
(c) Utah Cattlemen's Association;
(d) Utah Wool Growers[
'
] Association;
(e) Utah Dairymen's Association;
(f) Utah Pork [
Producer's
] 
Producers
 Association;
(g) egg and poultry producers;
(h) Utah Veterinary Medical Association;
(i) Livestock Auction Marketing Association;
(j) Utah Association of Conservation Districts;
(k) the Utah horse industry;
(l) the food processing industry;
(m) the fruit and vegetable industry;
(n) the turkey industry;
(o) manufacturers of food supplements;
(p) a consumer affairs group;
(q) dean of the College of Agriculture and Applied Science and vice president of
extension from Utah State University;
(r) urban and small farmers;
(s) Utah Elk Breeders Association;
(t) Utah Beekeepers Association; and
(u) Utah Fur Breeders Association.
(2) (a) The Agricultural Advisory Board shall advise the commissioner regarding:
(i) the planning, implementation, and administration of the department's programs; and
(ii) the establishment of standards governing the care of livestock and poultry,
including consideration of:
(A) food safety;
(B) local availability and affordability of food; and
(C) acceptable practices for livestock and farm management.
(b) The Agricultural Advisory Board shall fulfill the duties described in Title 4,
Chapter 2, Part 5, Horse Tripping Awareness.
(3) (a) Except as required by Subsection (3)(c), members are appointed by the
commissioner to four-year terms of office.
(b) The commissioner shall appoint representatives of the organizations cited in
Subsections (1)(a) through (h) to the Agricultural Advisory Board from a list of nominees
submitted by each organization.
(c) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at
the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board members are staggered so that approximately half of the board is appointed every two
years.
(d) Members may be removed at the discretion of the commissioner upon the request
of the group they represent.
(e) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(4) The board shall elect one member to serve as chair of the Agricultural Advisory
Board for a term of one year.
(5) (a) The board shall meet four times annually, but may meet more often at the
discretion of the chair.
(b) Attendance of 11 members at a duly called meeting constitutes a quorum for the
transaction of official business.
(6) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 19. Section 
4-2-109
, which is renumbered from Section 4-2-8 is renumbered
and amended to read:
[
4-2-8
].
 4-2-109.
Temporary advisory committees -- Appointment --
Compensation.
(1) The commissioner
,
 with the permission of the governor, may appoint other
advisory committees on a temporary basis to offer technical advice to the department.
(2) A member of a committee serves at the pleasure of the commissioner.
(3) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 20. Section 
4-2-201
, which is renumbered from Section 4-2-9 is renumbered
and amended to read:
Part 2. State Chemist
[
4-2-9
].
 4-2-201.
Appointment of the state chemist.
The 
commissioner shall appoint a
 state chemist [
shall be appointed by the
commissioner
].
Section 21. Section 
4-2-202
, which is renumbered from Section 4-2-10 is renumbered
and amended to read:
[
4-2-10
].
 4-2-202.
State chemist responsibilities.
(1) The state chemist shall:
(a) serve as the chief administrative officer of the Division of Laboratories; and
(b) supervise and administer all analytical tests required to be performed under this title
or under any rule [
authorized by it
] 
adopted under this title
.
(2) The state chemist may perform analytical tests for other state agencies, federal
agencies, units of local government, and private persons if:
(a) the tests and analytical work do not interfere with, or impede, the work required by
the department; and
(b) a charge commensurate with the work involved is made and collected.
(3) The state chemist shall perform any other official duties assigned by the
commissioner.
Section 22. Section 
4-2-301
, which is renumbered from Section 4-2-11 is renumbered
and amended to read:
Part 3. Enforcement and Penalties
[
4-2-11
].
 4-2-301.
Attorney general legal advisor for department -- County or
district attorney may bring action upon request of department for violations of title.
(1) The attorney general is the legal advisor for the department and shall defend the
department and [
its
] 
the department's
 representatives in all actions and proceedings brought
against [
it
] 
the department
.
(2) 
(a)
 The county attorney or the district attorney
,
 as provided under Sections
17-18a-202
 and 
17-18a-203
,
 of the county in which a cause of action arises or a public offense
occurs may bring civil or criminal action, upon request of the department, to enforce the laws,
standards, orders, and rules of the department or to prosecute violations of this title.
(b)
 If the county attorney or district attorney fails to act, the department may request the
attorney general to bring an action on behalf of the department.
Section 23. Section 
4-2-302
, which is renumbered from Section 4-2-12 is renumbered
and amended to read:
[
4-2-12
].
 4-2-302.
Notice of violation -- Order for corrective action.
(1) Whenever the department determines that any person, or any officer or employee of
any person, is violating any requirement of this title or rules adopted under this title, the
department shall serve written notice upon the alleged violator [
which
] 
that
 specifies the
violation and alleges the facts constituting the violation.
(2) After serving notice as required in Subsection (1), the department may
:
(a)
 issue an order for necessary corrective action
;
 and
(b)
 request the attorney general [
or the
]
,
 county attorney
,
 or [
the
] district attorney to
seek injunctive relief and enforcement of the order as provided in Subsection [
4-2-11
]
4-2-301
(2).
Section 24. Section 
4-2-303
, which is renumbered from Section 4-2-14 is renumbered
and amended to read:
[
4-2-14
].
 4-2-303.
Violations of title unlawful.
It is unlawful for any person, or the [
officers or employees
] 
officer or employee
 of any
person, to willfully violate, disobey, or disregard this title or any notice or order issued under
this title.
Section 25. Section 
4-2-304
, which is renumbered from Section 4-2-15 is renumbered
and amended to read:
[
4-2-15
].
 4-2-304.
Civil and criminal penalties -- Costs -- Civil liability.
(1) 
(a)
 Except as otherwise provided by this title, any person, or the [
officers or
employees
] 
officer or employee
 of any person, who violates this title or any lawful notice or
order issued pursuant to this title shall be assessed a penalty not to exceed $5,000 per violation
in a civil proceeding, and 
is guilty of a class B misdemeanor
 in a criminal proceeding [
is guilty
of a class B misdemeanor
].
(b)
 A subsequent criminal violation within two years is a class A misdemeanor.
(2) Any person, or the [
officers or employees
] 
officer or employee
 of any person, shall
be liable for any expenses incurred by the department in abating any violation of this title.
(3) A penalty assessment or criminal conviction under this title does not relieve the
person assessed or convicted from civil liability for claims arising out of any act [
which
] 
that
was also a violation.
Section 26. Section 
4-2-401
 is amended to read:
Part 4. State Veterinarian
4-2-401.
Appointment.
The 
commissioner shall appoint a
 state veterinarian [
shall be appointed by the
commissioner
].
Section 27. Section 
4-2-402
 is amended to read:
4-2-402.
State veterinarian responsibilities.
(1) The state veterinarian shall:
(a) coordinate the department's responsibilities for:
(i) the promotion of animal health; 
and
(ii) the diagnosis, surveillance, and prevention of animal disease[
; and
]
.
[
(iii) livestock brand registration and inspection;
]
(b) aid the meat inspection manager, whose duties are specified by the commissioner,
in the direction of the inspection of meat and poultry; and
(c) perform other official duties assigned by the commissioner.
(2) The state veterinarian may not receive compensation for services provided while
engaging in the private practice of veterinary medicine.
(3) The state veterinarian shall be a veterinarian licensed under Title 58, Chapter 28,
Veterinary Practice Act.
Section 28. Section 
4-2-501
 is amended to read:
Part 5. Horse Tripping Awareness
4-2-501.
Title.
This part is known as "Horse Tripping Awareness."
Section 29. Section 
4-2-502
 is amended to read:
4-2-502.
Definitions.
As used in this part:
(1) "Board" means the Agricultural Advisory Board created in Section [
4-2-7
] 
4-2-108
.
(2) "Horse event" means an event in which horses are roped or tripped for the purpose
of a specific event or contest.
(3) (a) "Horse tripping" means the lassoing or roping of the legs of an equine, or
otherwise tripping or causing an equine to fall by any means, for the purpose of entertainment,
sport, or contest, or practice for entertainment, sport, or contest.
(b) "Horse tripping" does not include accepted animal husbandry practices, customary
farming practices, or commonly accepted practices occurring in conjunction with a sanctioned
rodeo, animal race, or pulling contest.
Section 30. Section 
4-2-503
 is amended to read:
4-2-503.
Event reporting requirements.
(1) The owner of a venue holding a horse event shall:
(a) at least 30 days before the day on which the horse event is to be held, notify the
board of the date, time, and name of the horse event; and
(b) no later than 30 days after the day on which the horse event is held, notify the board
of:
(i) the number and type of competitions held at the horse event;
(ii) the number of horses used;
(iii) whether horse tripping occurred, and if so how many horses were used in horse
tripping and how many times each horse was tripped; and
(iv) whether a veterinarian was called during the horse event, and if so:
(A) the name and contact information of the veterinarian;
(B) the outcome of the veterinarian's examination of a horse; and
(C) all veterinarian charges incurred.
(2) (a) The department shall compile all reports received pursuant to Subsection (1)
and provide the information to the board.
(b) The board shall, at a meeting described in Subsection [
4-2-7
] 
4-2-108
(5)(a):
(i) review the information described in Subsection (2)(a); and
(ii) if necessary, make recommendations for rules or legislation designed to prohibit
horse tripping.
(3) The department shall fine the owner of a venue that fails to fulfill the duties
described in Subsection (1) $500 per violation.
(4) The department, in consultation with the board, shall make rules in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to enforce this part.
Section 31. Section 
4-2-504
 is amended to read:
4-2-504.
Horse tripping education -- Reporting requirements.
[
(1)
] The department, in conjunction with the board, shall:
[
(a)
] 
(1)
 send a letter, annually, to venues that host horse events:
[
(i)
] 
(a)
 outlining the reporting requirements of Section 
4-2-503
; and
[
(ii)
] 
(b)
 providing educational information on the negative effects of horse tripping;
and
[
(b)
] 
(2)
 promote, as funding allows, policies regarding the safety and welfare of horses
involved in horse events, such as horse roping and horse tripping.
[
(2) The department and the board shall, by November 30, 2015, report to the Natural
Resources, Agriculture, and Environment Interim Committee about:
]
[
(a) reported incidents of horse tripping;
]
[
(b) any recommendations made by the board pursuant to Subsection 
4-2-503
(2)(b);
and
]
[
(c) the progress made in educating the public under Subsection (1).
]
Section 32. Section 
4-3-101
 is enacted to read:
CHAPTER 3. UTAH DAIRY ACT
Part 1. Organization
 4-3-101.
Title.
This chapter is known as the "Utah Dairy Act."
Section 33. Section 
4-3-102
, which is renumbered from Section 4-3-1 is renumbered
and amended to read:
[
4-3-1
].
 4-3-102.
Definitions.
As used in this chapter:
(1) "Adulterated" means any dairy product that:
(a) contains any poisonous or deleterious substance that may render it injurious to
health;
(b) has been produced, prepared, packaged, or held:
(i) under unsanitary conditions;
(ii) where it may have become contaminated; or
(iii) where it may have become diseased or injurious to health;
(c) contains any food additive that is unsafe within the meaning of 21 U.S.C. Sec. 348;
(d) contains:
(i) any filthy, putrid, or decomposed substance;
(ii) fresh fluid milk with a lactic acid level at or above .0018; or
(iii) cream with a lactic acid level at or above .008 or that is otherwise unfit for human
food;
(e) is the product of:
(i) a diseased animal;
(ii) an animal that died otherwise than by slaughter; or
(iii) an animal fed upon uncooked offal;
(f) has intentionally been subjected to radiation, unless the use of the radiation is in
conformity with a rule or exemption promulgated by the department; or
(g) (i) has any valuable constituent omitted or abstracted;
(ii) has any substance substituted in whole or in part;
(iii) has damage or inferiority concealed in any manner; or
(iv) has any substance added, mixed, or packed with the product to:
(A) increase its bulk or weight;
(B) reduce its quality or strength; or
(C) make it appear better or of greater value.
(2) "Cow-share program" means a program in which a person acquires an undivided
interest in a milk producing hoofed mammal through an agreement with a producer that
includes:
(a) a bill of sale for an interest in the mammal;
(b) a boarding arrangement under which the person boards the mammal with the
producer for the care and milking of the mammal and the boarding arrangement and bill of sale
documents remain with the program operator;
(c) an arrangement under which the person receives raw milk for personal use not to be
sold or distributed in a retail environment or for profit; and
(d) no more than two cows, 10 goats, and 10 sheep per farm in the program.
(3) "Dairy product" means any product derived from raw or pasteurized milk.
(4) "Distributor" means any person who distributes a dairy product.
(5) (a) "Filled milk" means any milk, cream, or skimmed milk, whether condensed,
evaporated, concentrated, powdered, dried, or desiccated, that has fat or oil other than milk fat
added, blended, or compounded with it so that the resultant product is an imitation or
semblance of milk, cream, or skimmed milk.
(b) "Filled milk" does not include any distinctive proprietary food compound:
(i) that is prepared and designated for feeding infants and young children, which is
customarily used upon the order of a licensed physician;
(ii) whose product name and label does not contain the word "milk"; and
(iii) whose label conforms with the food labeling requirements.
(6) "Frozen dairy products" mean dairy products normally served to the consumer in a
frozen or semifrozen state.
(7) "Grade A milk," "grade A milk products," and "milk" have the same meaning that
is accorded the terms in the federal standards for grade A milk and grade A milk products
unless modified by rules of the department.
(8) "License" means a document allowing a person or plant to process, manufacture,
supply, test, haul, or pasteurize milk or milk products or conduct other activity specified by the
license.
(9) "Manufacturer" means any person who processes milk in a way that changes the
milk's character.
(10) "Manufacturing milk" means milk used in the production of non-grade A dairy
products.
(11) "Misbranded" means:
(a) any dairy product whose label is false or misleading in any particular, or whose
label or package fails to conform to any federal regulation adopted by the department that
pertains to packaging and labeling;
(b) any dairy product in final packaged form manufactured in this state that does not
bear:
(i) the manufacturer's, packer's, or distributor's name, address, and plant number, if
applicable;
(ii) a clear statement of the product's common or usual name, quantity, and ingredients,
if applicable; and
(iii) any other information required by rule of the department;
(c) any butter in consumer package form that is not at least B grade, or that does not
meet the grade claimed on the package, measured by U.S.D.A. butter grade standards;
(d) any imitation butter made in whole or in part from material other than wholesome
milk or cream, except clearly labeled "margarine";
(e) renovated butter unless the words "renovated butter," in letters not less than
1/2-inch in height appear on each package, roll, square, or container of such butter; or
(f) any dairy product in final packaged form that makes nutritional claims or adds or
adjusts nutrients that are not so labeled.
(12) "Pasteurization" means any process that renders dairy products practically free of
disease organisms and is accepted by federal standards.
(13) "Permit or certificate" means a document allowing a person to market milk.
(14) "Plant" means any facility where milk is processed or manufactured.
(15) "Processor" means any person who subjects milk to a process.
(16) "Producer" means a person who owns a cow or other milk producing hoofed
mammal that produces milk for consumption by persons other than the producer's family,
employees, or nonpaying guests.
(17) "Raw milk" means unpasteurized milk.
(18) "Renovated butter" means butter that is reduced to a liquid state by melting and
drawing off such liquid or butter oil and churning or otherwise manipulating it in connection
with milk or any product of milk.
(19) "Retailer" means any person who sells or distributes dairy products directly to the
consumer.
Section 34. Section 
4-3-201
, which is renumbered from Section 4-3-2 is renumbered
and amended to read:
Part 2. Rules and Regulations
[
4-3-2
].
 4-3-201.
Title -- Authority to make and enforce rules.
The department is authorized and directed, subject to Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to make and enforce [
such
] rules [
as may in its judgment and
discretion be necessary
] to carry out the purposes of this chapter.
Section 35. Section 
4-3-202
, which is renumbered from Section 4-3-3 is renumbered
and amended to read:
[
4-3-3
].
 4-3-202.
Authority in local jurisdictions to regulate dairy products
-- Department standards to govern -- Department evaluation permitted -- Local notice to
cease inspection.
(1)
 While nothing in this chapter shall impair the authority of any town, city, or county
to regulate the production, handling, storage, distribution, or sale of dairy products, frozen
dairy products, grade A milk, grade A milk products, or milk, within their respective
jurisdictions, a common standard as prescribed by the department shall be followed in such
jurisdictions.
(2)
 If a town, city, or county elects to enforce this chapter, the department shall accept
its findings relative to inspections in lieu of making its own inspections, but the department
may evaluate the effectiveness of any local inspection program.
(3)
 If a town, city, or county intends to cease making inspections under this chapter, it
shall notify the department of its intent to cease inspection at least one year in advance of the
actual cessation of inspection.
(4)
 Upon request, the commissioner shall cooperate with other state agencies, towns,
cities, counties, and federal authorities in the administration and enforcement of this chapter.
Section 36. Section 
4-3-203
, which is renumbered from Section 4-3-4 is renumbered
and amended to read:
[
4-3-4
].
 4-3-203.
Authority to inspect premises.
(1) The department may inspect any premises where dairy products are produced,
manufactured, processed, stored, or held for distribution, at reasonable times and places, to
determine whether the premises are in compliance with this chapter and the rules adopted
according to it.
(2) If the department is denied access, it may proceed immediately to the nearest court
of competent jurisdiction to seek an ex parte warrant or its equivalent to permit inspection of
the premises.
Section 37. Section 
4-3-204
, which is renumbered from Section 4-3-5 is renumbered
and amended to read:
[
4-3-5
].
 4-3-204.
Authority to collect samples -- Receipt -- Names of
distributors.
(1) Samples of dairy products from each dairy farm or processing plant may be secured
and examined as often as deemed necessary by the department.
(2) Samples of dairy products from stores, cafes, soda fountains, restaurants, and other
places where dairy products are sold may be secured and examined as often as deemed
necessary by the department.
(3) Samples of milk or dairy products may be taken by the department at any time
before final delivery to the consumer.
(4) The department shall provide a signed receipt for all samples taken showing the
date of sampling and the amount and kind of sample taken; provided, that the department is not
liable to any person for the cost of any sample taken.
(5) All proprietors of stores, cafes, restaurants, soda fountains, and other similar places
shall furnish the department, upon request, with the names of all distributors from whom dairy
products are obtained.
Section 38. Section 
4-3-205
, which is renumbered from Section 4-3-6 is renumbered
and amended to read:
[
4-3-6
].
 4-3-205.
Condemnation, embargo, denaturization of unfit milk or
dairy products -- Unfit equipment.
(1) The department may condemn or embargo any milk or dairy product which is
adulterated, misbranded, or not produced or processed in accordance with this chapter.
(2) The department may condemn the use of any equipment, tank, or container used to
produce, process, manufacture, or transport milk or dairy products that it finds, upon
inspection, to be unclean or contaminated.
(3) The department may mark or tag any condemned equipment, tank, or container
with the words "this (equipment, tank, or container) is unfit to contain human food."
(4) Condemned milk shall be decharacterized or denatured with harmless coloring or
rennet by the department.
Section 39. Section 
4-3-206
, which is renumbered from Section 4-3-7 is renumbered
and amended to read:
[
4-3-7
].
 4-3-206.
Testing and measuring milk -- Standards prescribed --
Milk quality work in accordance with rules.
(1) Milk shall be tested and measured in accordance with:
(a) the latest edition of "Association of Official Analytical Chemists";
(b) the latest edition of "Standard Methods for Examination of Dairy Products";
(c) other publications accepted by the department; or
(d) methods prescribed by the department.
(2) A processor or manufacturer shall perform quality work in accordance with the
rules adopted by the department.
Section 40. Section 
4-3-301
, which is renumbered from Section 4-3-8 is renumbered
and amended to read:
Part 3. Licensing Permits
[
4-3-8
].
 4-3-301.
Licenses and permits -- Application -- Fee -- Expiration --
Renewal.
(1) Application for a license to operate a plant, manufacture butter or cheese,
pasteurize milk, test milk for payment, haul milk in bulk, or for the wholesale distribution of
dairy products shall be made to the department upon forms prescribed and furnished by it.
(2) Upon receipt of a proper application, compliance with all applicable rules, and
payment of a license fee determined by the department according to Subsection [
4-2-2
]
4-2-103
(2), the commissioner, if satisfied that the public convenience and necessity and the
industry will be served, shall issue an appropriate license to the applicant subject to suspension
or revocation for cause.
(3) Each license issued under this section expires at midnight on December 31 of each
year.
(4) A license to operate a plant, manufacture butter or cheese, pasteurize milk, test milk
for payment, haul milk in bulk, or for the wholesale distribution of dairy products, is renewable
for a period of one year upon the payment of an annual license renewal fee determined by the
department according to Subsection [
4-2-2
] 
4-2-103
(2) on or before December 31 of each year.
(5) Application for a permit or certificate to produce milk shall be made to the
department on forms prescribed and furnished by it.
(6) (a) Upon receipt of a proper application and compliance with all applicable rules,
the commissioner shall issue a permit entitling the applicant to engage in the business of
producer, subject to suspension or revocation for cause.
(b) No fee may be charged by the department for issuance of a permit or certificate.
Section 41. Section 
4-3-302
, which is renumbered from Section 4-3-9 is renumbered
and amended to read:
[
4-3-9
].
 4-3-302.
Licenses, permits, and certificates -- Suspension or
revocation -- Grounds.
(1) The department may revoke or suspend the license, permit, or certification of any
person who violates this chapter or any rule enacted under the authority of this chapter.
(2) All or part of any license, permit, or certification may be suspended immediately if
an emergency exists that presents a clear and present danger to the public health, or if
inspection or sampling is refused.
Section 42. Section 
4-3-401
, which is renumbered from Section 4-3-10 is renumbered
and amended to read:
Part 4. Unlawful Acts
[
4-3-10
].
 4-3-401.
Unlawful acts specified.
It is unlawful for any person in this state to:
(1) operate a plant without a license issued by the department;
(2) market milk without a permit or certificate issued by the department;
(3) manufacture butter or cheese, pasteurize milk, test milk for payment, or haul milk
in bulk without a special license to perform the particular activity designated in this Subsection
(3); unless if more than one person working in a plant is engaged in the performance of a single
activity designated in this Subsection (3), the person who directs the activity is licensed;
(4) manufacture, distribute, sell, deliver, hold, store, or offer for sale any adulterated or
misbranded dairy product;
(5) manufacture, distribute, sell, deliver, hold, store, or offer for sale any dairy product
without a license, permit, or certificate required by this chapter;
(6) sell or offer for sale any milk not intended for human consumption unless it is
denatured or decharacterized in accordance with the rules of the department;
(7) manufacture, distribute, sell, or offer for sale any filled milk labeled as milk or as a
dairy product;
(8) keep any animals with brucellosis, tuberculosis, or other infectious or contagious
diseases communicable to humans in any place where they may come in contact with cows or
other milking animals;
(9) draw milk for human food from cows or other milking animals that are infected
with tuberculosis, running sores, communicable diseases, or from animals that are fed feed that
will produce milk that is adulterated;
(10) accept or process milk from any producer without verification that the producer
holds a valid permit or certification or, if milk is accepted from out of the state, without
verification that the producer holds a permit or certification from the appropriate regulatory
agency of that state;
(11) use any contaminated or unclean equipment or container to process, manufacture,
distribute, deliver, or sell a dairy product;
(12) remove, change, conceal, erase, or obliterate any mark or tag placed upon any
equipment, tank, or container by the department except to clean and sanitize it;
(13) use any tank or container used for the transportation of milk or other dairy
products that is unclean or contaminated;
(14) refuse to allow the department to take samples for testing; or
(15) prohibit adding vitamin compounds in the processing of milk and dairy products
in accordance with rules of the department.
Section 43. Section 
4-3-402
, which is renumbered from Section 4-3-11 is renumbered
and amended to read:
[
4-3-11
].
 4-3-402.
Processors, manufacturers, or distributors -- Unlawful to
give money, equipment, or fixtures to retailer or consumer -- Exceptions -- Shelf space for
dairy products.
(1) As used in this section:
(a) "liquid dairy product" means a milk container which contains a pint of milk or less;
and
(b) "novelty ice cream" means a package or container of ice cream which contains
eight fluid ounces or less.
(2) Except as provided in Subsections (3) and (4), no processor, manufacturer,
distributor, or his affiliates, subsidiaries, associates, agents or stockholders shall furnish,
service, repair, give, lease, sell, or loan to a retailer or consumer any:
(a) money;
(b) equipment;
(c) fixtures, including ice cream cabinets or bulk milk dispensers;
(d) supplies, excluding expendable supplies commonly provided in connection with the
sale of dairy products to a consumer; or
(e) other things having a real or substantial value.
(3) (a) Ice cream cabinets may be loaned or sold to a retailer if the ice cream cabinet:
(i) is portable;
(ii) has a storage capacity not exceeding 12 cubic feet; and
(iii) is used solely for retail display sales of novelty ice cream.
(b) Milk coolers may be loaned or sold to a retailer if the milk cooler:
(i) is portable;
(ii) has a storage capacity not exceeding 12 cubic feet; and
(iii) is used solely for retail display sales of liquid dairy products.
(4) The leasing or renting of cabinets, dispensers, or coolers for dairy products for civic
affairs, demonstrations, or exhibits is prohibited unless it is for a period of 10 days or less in
any one period of three consecutive months.
(5) (a) Except as provided in Subsections (5)(b) and (5)(c), no retailer shall lease, sell,
or loan shelf or refrigerator space for dairy products to a processor, manufacturer, or distributor
or receive anything of value from a processor, manufacturer, or distributor in exchange for
shelf or refrigerator space for dairy products.
(b) Subsection (5)(a) does not apply to a dairy by-product that is:
(i) a short-term special; or
(ii) a new product being introduced on a trial basis for a period not to exceed 45 days.
(c) A processor, manufacturer, or distributor may loan or sell an ice cream cabinet or
milk cooler to a retailer for the display of the processor's, manufacturer's, or distributor's
products, if the ice cream cabinet or milk cooler meets the requirements of Subsection (3).
Section 44. Section 
4-3-403
, which is renumbered from Section 4-3-12 is renumbered
and amended to read:
[
4-3-12
].
 4-3-403.
Injunctions -- Bond not required -- Standing to maintain
private action -- Damages authorized.
(1) 
(a)
 The commissioner is authorized to apply to any court of competent jurisdiction
for a temporary restraining order or injunction restraining any person from violating this
chapter.
(b)
 No bond shall be required of the department in any proceeding brought under this
subsection.
(2) 
(a)
 In addition to penalties provided in this chapter, any person who suffers or is
threatened with injury from any existing or threatened violation of Section [
4-3-11
] 
4-3-402
may commence an action in any court of competent jurisdiction for damages and, if proper,
injunctive relief.
(b)
 Any organized and existing trade association, whether incorporated or not, is
authorized to institute and prosecute a suit for injunctive relief and damages, as the real party in
interest, on behalf of one or more of its members if the violation of Section [
4-3-11
] 
4-3-402
directly or indirectly affects a member.
Section 45. Section 
4-3-501
, which is renumbered from Section 4-3-1.3 is renumbered
and amended to read:
Part 5. Special Programs
[
4-3-1.3
].
 4-3-501.
Cow share program notification.
(1) A producer who is in a cow-share program, as defined in Section [
4-3-1
] 
4-3-102
,
shall notify the department of the cow-share program and include in the notification:
(a) the producer's name; and
(b) a valid, current address of the farm on which the milk producing hoofed mammal in
the cow-share program is located.
(2) Upon receipt, the department shall keep a notification of a cow-share program
described in Subsection (1) on file.
Section 46. Section 
4-3-502
, which is renumbered from Section 4-3-13 is renumbered
and amended to read:
[
4-3-13
].
 4-3-502.
Exemption.
(1) This chapter does not apply to milk or milk products produced on the farm if such
milk or milk products are used by:
(a) the owner of the farm;
(b) a member of the owner's immediate family;
(c) a participant in a cow-share program; or
(d) a member of a participant in a cow-share program's immediate family.
(2) The department may not adopt a rule that restricts, limits, or imposes additional
requirements on an individual obtaining:
(a) raw milk in accordance with the terms of a cow-share program agreement; or
(b) an interest in a cow-share program in accordance with the terms of the cow-share
program agreement.
Section 47. Section 
4-3-503
, which is renumbered from Section 4-3-14 is renumbered
and amended to read:
[
4-3-14
].
 4-3-503.
Sale of raw milk -- Suspension of producer's permit --
Severability not permitted.
(1) As used in this section:
(a) "Batch" means all the milk emptied from one bulk tank and bottled in a single day.
(b) "Self-owned retail store" means a retail store:
(i) of which the producer owns at least 51% of the value of the real property and
tangible personal property used in the operations of the retail store; or
(ii) for which the producer has the power to vote at least 51% of any class of voting
shares or ownership interest in the business entity that operates the retail store.
(2) Raw milk may be manufactured, distributed, sold, delivered, held, stored, or offered
for sale if:
(a) the producer obtains a permit from the department to produce milk under
Subsection [
4-3-8
] 
4-3-301
(5);
(b) the sale and delivery of the milk is made upon the premises where the milk is
produced, except as provided by Subsection (3);
(c) the raw milk is sold to consumers for household use and not for resale;
(d) the raw milk is bottled or packaged under sanitary conditions and in sanitary
containers on the premises where the raw milk is produced;
(e) the raw milk is labeled "raw milk" and meets the labeling requirements under 21
C.F.R. Parts 101 and 131 and rules established by the department;
(f) the raw milk is:
(i) cooled to 50 degrees Fahrenheit or a lower temperature within one hour after being
drawn from the animal;
(ii) further cooled to 41 degrees Fahrenheit within two hours of being drawn from the
animal; and
(iii) maintained at 41 degrees Fahrenheit or a lower temperature until the raw milk is
delivered to the consumer;
(g) the bacterial count of the raw milk does not exceed 20,000 colony forming units per
milliliter;
(h) the coliform count of the raw milk does not exceed 10 colony forming units per
milliliter;
(i) the production of the raw milk conforms to departmental rules for the production of
grade A milk;
(j) all dairy animals on the premises are:
(i) permanently and individually identifiable; and
(ii) free of tuberculosis, brucellosis, and other diseases carried through milk; and
(k) any person on the premises performing any work in connection with the production,
bottling, handling, or sale of the raw milk is free from communicable disease.
(3) A producer may distribute, sell, deliver, hold, store, or offer for sale raw milk at a
self-owned retail store, which is properly staffed, if, in addition to the requirements of
Subsection (2), the producer:
(a) transports the raw milk from the premises where the raw milk is produced to the
self-owned retail store in a refrigerated truck where the raw milk is maintained at 41 degrees
Fahrenheit or a lower temperature;
(b) retains ownership of the raw milk until it is sold to the final consumer, including
transporting the raw milk from the premises where the raw milk is produced to the self-owned
retail store without any:
(i) intervening storage;
(ii) change of ownership; or
(iii) loss of physical control;
(c) stores the raw milk at 41 degrees Fahrenheit or a lower temperature in a display
case equipped with a properly calibrated thermometer at the self-owned retail store;
(d) places a sign above each display case that contains raw milk at the self-owned retail
store that:
(i) is prominent;
(ii) is easily readable by a consumer;
(iii) reads in print that is no smaller than .5 inches in bold type, "This milk is raw and
unpasteurized. Please keep refrigerated"; and
(iv) meets any other requirement established by the department by rule;
(e) labels the raw milk with:
(i) a date, no more than nine days after the raw milk is produced, by which the raw
milk should be sold;
(ii) the statement "Raw milk, no matter how carefully produced, may be unsafe.";
(iii) handling instructions to preserve quality and avoid contamination or spoilage;
(iv) by January 1, 2017, a specific colored label as determined by the department by
rule; and
(v) any other information required by rule;
(f) refrains from offering the raw milk for sale until:
(i) the department or a third party certified by the department tests each batch of raw
milk for standard plate count and coliform count; and
(ii) the test results meet the minimum standards established for those tests;
(g) (i) maintains a database of the raw milk sales; and
(ii) makes the database available to the Department of Health during the self-owned
retail store's business hours for purposes of epidemiological investigation;
(h) ensures that the plant and retail store complies with [
Title 4,
] Chapter 5, Utah
Wholesome Food Act, and the rules governing food establishments enacted under Section
[
4-5-9
] 
4-5-401
; and
(i) complies with all applicable rules adopted as authorized by this chapter.
(4) A producer may distribute, sell, deliver, hold, store, or offer for sale raw milk and
pasteurized milk at the same self-owned retail store if:
(a) the self-owned retail store is properly staffed; and
(b) the producer:
(i) meets the requirements of Subsections (2) and (3);
(ii) operates the self-owned retail store on the same property where the raw milk is
produced; and
(iii) maintains separate, labeled, refrigerated display cases for raw milk and pasteurized
milk.
(5) A person who conducts a test required by Subsection (3) shall send a copy of the
test results to the department as soon as the test results are available.
(6) (a) The department shall adopt rules, as authorized by Section [
4-3-2
] 
4-3-201
,
governing the sale of raw milk at a self-owned retail store.
(b) The rules adopted by the department shall include rules regarding:
(i) permits;
(ii) building and premises requirements;
(iii) sanitation and operating requirements, including bulk milk tanks requirements;
(iv) additional tests;
(v) frequency of inspections, including random cooler checks;
(vi) recordkeeping; and
(vii) packaging and labeling.
(c) (i) The department shall establish and collect a fee for the tests and inspections
required by this section and by rule in accordance with Section 
63J-1-504
.
(ii) Notwithstanding Section 
63J-1-504
, the department shall retain the fees as
dedicated credits and may only use the fees to administer and enforce this section.
(7) (a) The department shall suspend a permit issued under Section [
4-3-8
] 
4-3-301
 if:
(i) two out of four consecutive samples or two samples in a 30-day period violate
sample limits established under this section; or
(ii) a producer violates a provision of this section or a rule adopted as authorized by
this section.
(b) The department may reissue a permit that has been suspended under Subsection
(7)(a) if the producer has complied with all of the requirements of this section and rules
adopted as authorized by this section.
[
(8) For 2014 and 2015, the Department of Health and the Department of Agriculture
and Food shall report on or before November 30th to the Natural Resources, Agriculture, and
Environment Interim Committee on any health problems resulting from the sale of raw whole
milk at self-owned retail stores.
]
[
(9)
] 
(8)
 (a) If any subsection of this section or the application of any subsection to any
person or circumstance is held invalid by a final decision of a court of competent jurisdiction,
the remainder of the section may not be given effect without the invalid subsection or
application.
(b) The provisions of this section may not be severed.
Section 48. Section 
4-4-101
, which is renumbered from Section 4-4-1 is renumbered
and amended to read:
CHAPTER 4. EGGS
[
4-4-1
].
 4-4-101.
Title.
[
The department shall establish grades and standards of quality, size, and weight
governing the sale of eggs.
] 
This chapter is known as "Eggs."
Section 49. Section 
4-4-102
, which is renumbered from Section 4-4-2 is renumbered
and amended to read:
[
4-4-2
].
 4-4-102.
Department to establish egg grades and standards --
Authority to make and enforce rules.
(1) The department shall establish grades and standards of quality, size, and weight
governing the sale of eggs.
(2)
 The department [
is authorized
] 
shall
, subject to Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, [
to
] make and enforce [
such
] rules [
as in its judgment
] 
that
are necessary to administer and enforce this chapter.
Section 50. Section 
4-4-103
, which is renumbered from Section 4-4-3 is renumbered
and amended to read:
[
4-4-3
].
 4-4-103.
Definitions.
As used in this chapter:
(1) "Addled" or "white rot" means putrid or rotten.
(2) "Adherent yolk" means the yolk has settled to one side and become fastened to the
shell.
(3) "Albumen" means the white of an egg.
[
(3)
] 
(4)
 "Black rot" means the egg has deteriorated to such an extent that the whole
interior presents a blackened appearance.
[
(4)
] 
(5)
 "Black spot" means [
mould
] 
mold
 or bacteria have developed in isolated areas
inside the shell.
[
(5)
] 
(6)
 "Blood ring" means bacteria have developed to such an extent that blood is
formed.
[
(6)
] 
(7)
 "Candling" means the act of determining the condition of an egg by holding it
before a strong light in such a way that [
it
] 
the light
 shines through the egg and reveals [
its
] 
the
egg's
 contents.
[
(7) "Mouldy" means mould
]
(8) "Moldy" means mold
 spores have formed within the shell.
Section 51. Section 
4-4-104
, which is renumbered from Section 4-4-4 is renumbered
and amended to read:
[
4-4-4
].
 4-4-104.
Unlawful acts specified.
(1) It is unlawful for any person to sell, offer, or expose [
any egg
] for sale for human
consumption 
any egg
:
(a) that is addled or [
mouldy
] 
moldy
 or that contains black spot, black rot, white rot,
blood ring, adherent yolk, or a bloody or green [
white, also called
] albumen; or
(b) without a sign or label that conforms to the standards for display and grade adopted
by the department.
(2) Nothing in this section [
shall prohibit
] 
prohibits
 the sale of 
a
 denatured [
eggs
] 
egg
.
Section 52. Section 
4-4-105
, which is renumbered from Section 4-4-5 is renumbered
and amended to read:
[
4-4-5
].
 4-4-105.
Maintenance of candling records -- Inspection of records.
[
Every
] 
(1) A
 person who sells, offers, or exposes eggs for sale or exchange shall
maintain candling records as prescribed by the department.
(2)
 All candling records shall be open for examination by accredited inspectors or
representatives of the department at reasonable times.
Section 53. Section 
4-4-106
, which is renumbered from Section 4-4-6 is renumbered
and amended to read:
[
4-4-6
].
 4-4-106.
Retailers exempt from prosecution -- Conditions for
exemption.
[
No
] 
(1) Subject to Subsection (2), no
 retailer is subject to prosecution under this
chapter if the retailer can establish that
:
(a)
 at the time [
the eggs were
] 
an egg was
 purchased the seller guaranteed that the
[
eggs
] 
egg
 conformed to the grade [
and
]
,
 quality [
and
]
,
 size
,
 and weight stated in the purchase
invoice
;
 and [
that
]
(b)
 the [
eggs were
] 
egg was
 labeled for sale by the retailer in accordance with the
purchase invoice[
; provided, that such guaranty
]
.
(2) The guaranty
 by the seller 
described in Subsection (1)(a)
 does not exempt a retailer
from prosecution if the [
eggs
] 
egg
 covered by the guaranty deteriorated to a lower grade or
standard through some action or inaction of the retailer.
Section 54. Section 
4-5-101
, which is renumbered from Section 4-5-1 is renumbered
and amended to read:
CHAPTER 5. UTAH WHOLESOME FOOD ACT
Part 1. Administration
[
4-5-1
].
 4-5-101.
Title.
This chapter is known as the "Utah Wholesome Food Act."
Section 55. Section 
4-5-102
, which is renumbered from Section 4-5-2 is renumbered
and amended to read:
[
4-5-2
].
 4-5-102.
Definitions.
As used in this chapter:
(1) "Advertisement" means a representation, other than by labeling, made to induce the
purchase of food.
(2) (a) "Color additive"
:
(i)
 means a dye, pigment, or other substance not exempted under the federal act that,
when added or applied to a food, is capable of imparting color[
. "Color"
]
; and
(ii)
 includes black, white, and intermediate grays.
(b) "Color additive" does not include a pesticide chemical, soil or plant nutrient, or
other agricultural chemical which imparts color solely because of its effect, before or after
harvest, in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or other
natural physiological process of any plant life.
(3) (a) "Consumer commodity" means a food, as defined by this act, or by the federal
act.
(b) "Consumer commodity" does not include:
(i) a commodity subject to packaging or labeling requirements imposed under the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Sec. 136 et seq.;
(ii) a commodity subject to Title 4, Chapter 16, Utah Seed Act;
(iii) a meat or meat product subject to the Federal Meat Inspection Act, 21 U.S.C. Sec.
601 et seq.;
(iv) a poultry or poultry product subject to the Poultry Inspection Act, 21 U.S.C. Sec.
451 et seq.;
(v) a tobacco or tobacco product; or
(vi) a beverage subject to or complying with packaging or labeling requirements
imposed under the Federal Alcohol Administration Act, 27 U.S.C. Sec. 201 et seq.
(4) "Contaminated" means not securely protected from dust, dirt, or foreign or
injurious agents.
(5) "Farmers market" means a market where producers of food products sell only fresh,
raw, whole, unprocessed, and unprepared food items directly to the final consumer.
(6) "Federal act" means the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301
et seq.
(7) "Food" means:
(a) an article used for food or drink for human or animal consumption or the
components of the article;
(b) chewing gum or its components; or
(c) a food supplement for special dietary use which is necessitated because of a
physical, physiological, pathological, or other condition.
(8) (a) "Food additive" means a substance, the intended use of which results in the
substance becoming a component, or otherwise affecting the characteristics, of a food.
(b) (i)
 "Food additive" includes a substance or source of radiation intended for use in
producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or
holding food.
[
(b)
] 
(ii)
 "Food additive" does not include:
[
(i)
] 
(A)
 a pesticide chemical in or on a raw agricultural commodity;
[
(ii)
] 
(B)
 a pesticide chemical that is intended for use or is used in the production,
storage, or transportation of a raw agricultural commodity; or
[
(iii)
] 
(C)
 a substance used in accordance with a sanction or approval granted pursuant
to the Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq. or the Federal Meat
Inspection Act, 21 U.S.C. Sec. 601 et seq.
(9) (a) "Food establishment" means a grocery store, bakery, candy factory, food
processor, bottling plant, sugar factory, cannery, rabbit processor, meat processor, flour mill,
cold or dry warehouse storage, or other facility where food products are manufactured, canned,
processed, packaged, stored, transported, prepared, sold, or offered for sale.
(b) "Food establishment" does not include:
(i) a dairy farm, a dairy plant, or a meat establishment, which is subject to the Poultry
Products Inspection Act, 21 U.S.C. Sec. 451 et seq., or the Federal Meat Inspection Act, 21
U.S.C. Sec. 601 et seq.; or
(ii) a farmers market.
(10) "Label" means a written, printed, or graphic display on the immediate container of
an article of food. [
The department may require that a label contain specific written, printed, or
graphic information which is:
]
[
(a) displayed on the outside container or wrapper of a retail package of an article; or
]
[
(b) easily legible through the outside container or wrapper.
]
(11) "Labeling" means a label and other written, printed, or graphic display:
(a) on an article of food or its containers or wrappers; or
(b) accompanying the article of food.
(12) "Official compendium" means the official documents or supplements to the:
(a) United States Pharmacopoeia;
(b) National Formulary; or
(c) Homeopathic Pharmacopoeia of the United States.
(13) (a) "Package" means a container or wrapping in which a consumer commodity is
enclosed for use in the delivery or display of the consumer commodity to retail purchasers.
(b) "Package" does not include:
(i) package liners;
(ii) shipping containers or wrapping used solely for the transportation of consumer
commodities in bulk or in quantity to manufacturers, packers, processors, or wholesale or retail
distributors; or
(iii) shipping containers or outer wrappings used by retailers to ship or deliver a
consumer commodity to retail customers, if the containers and wrappings bear no printed
information relating to the consumer commodity.
(14) (a) "Pesticide" means a substance intended:
(i) to prevent, destroy, repel, or mitigate a pest, as defined under Subsection [
4-14-2
]
4-14-102
(20); or
(ii) for use as a plant regulator, defoliant, or desicant.
(b) "Pesticide" does not include:
(i) a new animal drug, as defined by 21 U.S.C. Sec. 321, that has been determined by
the United States Secretary of Health and Human Services not to be a new animal drug by
federal regulation establishing conditions of use of the drug; or
(ii) animal feed, as defined by 21 U.S.C. Sec. 321, bearing or containing a new animal
drug.
(15) "Principal display panel" means that part of a label that is most likely to be
displayed, presented, shown, or examined under normal and customary conditions of display
for retail sale.
(16) "Raw agricultural commodity" means a food in its raw or natural state, including
all fruits that are washed, colored, or otherwise treated in their unpeeled, natural form prior to
marketing.
(17) "Registration" means the issuance of a certificate by the commissioner to a
qualified food establishment.
Section 56. Section 
4-5-103
, which is renumbered from Section 4-5-7 is renumbered
and amended to read:
[
4-5-7
].
 4-5-103.
Adulterated food specified.
A food is adulterated:
(1) (a) if it bears or contains any poisonous or deleterious substance that may render it
injurious to health; but in case the substance is not an added substance the food may not be
considered adulterated under this Subsection (1)(a) if the quantity of the substance in such food
does not ordinarily render it injurious to health;
(b) (i) if it bears or contains any added poisonous or added deleterious substance other
than one that is:
(A) a pesticide chemical in or on a raw agricultural commodity;
(B) a food additive; or
(C) a color additive that is unsafe within the meaning of Subsection [
4-5-11
]
4-5-204
(1); or
(ii) if it is a raw agricultural commodity and it bears or contains a pesticide chemical
that is unsafe within the meaning of 21 U.S.C. Sec. 346a; or
(iii) if it is or it bears or contains any food additive that is unsafe within the meaning of
21 U.S.C. Sec. 348; provided that where a pesticide chemical has been used in or on a raw
agricultural commodity in conformity with an exemption granted or tolerance prescribed under
21 U.S.C. 346a and the raw agricultural commodity has been subjected to processing such as
canning, cooking, freezing, dehydrating, or milling the residue of such pesticide chemical
remaining in or on such processed food shall, notwithstanding the provisions of Section
[
4-5-11
] 
4-5-204
 and this Subsection (1)(b)(iii), not be considered unsafe if such residue in or
on the raw agricultural commodity has been removed to the extent possible in good
manufacturing practice, and the concentration of such residue in the processed food when ready
to eat is not greater than the tolerance prescribed for the raw agricultural commodity;
(c) if it consists in whole or in part of a diseased, contaminated, filthy, putrid, or
decomposed substance, or if it is otherwise unfit for food;
(d) if it has been produced, prepared, packed, or held under unsanitary conditions
whereby it may have become contaminated with filth, or whereby it may have been rendered
diseased, unwholesome, or injurious to health;
(e) if it is, in whole or in part, the product of a diseased animal or an animal that has
died otherwise than by slaughter, or of an animal that has been fed upon the uncooked offal
from a slaughterhouse;
(f) if its container is composed, in whole or in part, of any poisonous or deleterious
substance that may render the contents injurious to health;
(g) if it has been intentionally subjected to radiation, unless the use of the radiation was
in conformity with a rule or exemption in effect pursuant to Section [
4-5-11
] 
4-5-204
, or 21
U.S.C. Sec. 348; or
(h) in meat or meat products are adulterated:
(i) if such products are in casings, packages, or wrappers through which any part of
their contents can be seen and which, or the markings of which, are colored red or any other
color so as to be misleading or deceptive with respect to the color, quality, or kind of such
products to which they are applied; or
(ii) if such products contain or bear any color additive;
(2) (a) if any valuable constituent has been in whole or in part omitted or abstracted
therefrom;
(b) if any substance has been substituted wholly or in part therefor;
(c) if damage or inferiority has been concealed in any manner; or
(d) if any substance has been added or mixed or packed therewith so as to increase its
bulk or weight, or reduce its quality or strength or make it appear better or of greater value than
it is; or
(3) if it is confectionery, and:
(a) has partially or completely imbedded therein any nonnutritive object; provided that
this Subsection (3)(a) does not apply in the case of any nonnutritive objective if, in the
judgment of the department such object is of practical functional value to the confectionery
product and would not render the product injurious or hazardous to health;
(b) bears or contains any alcohol other than alcohol not in excess of .05% by volume
derived solely from the use of flavoring extracts; or
(c) bears or contains any nonnutritive substance; provided, that this Subsection (3)(c)
does not apply to a safe nonnutritive substance that is in or on confectionery by reason of its
use for some practical functional purpose in the manufacture, packaging, or storing of such
confectionery if the use of the substance does not promote deception of the consumer or
otherwise result in adulteration or misbranding in violation of this chapter.
(4) The department may, for the purpose of avoiding or resolving uncertainty as to the
application of Subsection (3)(c), issue rules allowing or prohibiting the use of particular
nonnutritive substances.
Section 57. Section 
4-5-104
, which is renumbered from Section 4-5-17 is renumbered
and amended to read:
[
4-5-17
].
 4-5-104.
Authority to make and enforce rules.
(1) The department may adopt rules to efficiently enforce this chapter, and if
practicable, adopt rules that conform to the regulations adopted under the Federal Food, Drug,
and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
(2) Hearings authorized or required by this chapter shall be conducted by the
department or by an officer, agent, or employee designated by the department.
(3) (a) Except as provided by Subsection (3)(b), all pesticide chemical regulations and
their amendments now or hereafter adopted under authority of the Federal Food, Drug, and
Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the pesticide chemical regulations in this state.
(b) The department may adopt a rule that prescribes tolerance for pesticides in finished
foods in this state whether or not in accordance with regulations promulgated under the federal
act.
(4) (a) Except as provided by Subsection (4)(b), all food additive regulations and their
amendments now or hereafter adopted under authority of the Federal Food, Drug, and
Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the food additive regulations in this state.
(b) The department may adopt a rule that prescribes conditions under which a food
additive may be used in this state whether or not in accordance with regulations promulgated
under the federal act.
(5) All color additive regulations adopted under authority of the Federal Food, Drug,
and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the color additive rules in this state.
(6) (a) Except as provided by Subsection (6)(b), all special dietary use regulations
adopted under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et
seq., are the special dietary use rules in this state.
(b) The department may, if it finds it necessary to inform purchasers of the value of a
food for special dietary use, prescribe special dietary use rules whether or not in accordance
with regulations promulgated under the federal act.
(7) (a) Except as provided by Subsection (7)(b), all regulations adopted under the Fair
Packaging and Labeling Act, 15 U.S.C. Sec. 1453 et seq., shall be the rules in this state.
(b) Except as provided by Subsection (7)(c), the department may, if it finds it necessary
in the interest of consumers, prescribe package and labeling rules for consumer commodities,
whether or not in accordance with regulations promulgated under the federal act.
(c) The department may not adopt rules that are contrary to the labeling requirements
for the net quantity of contents required according to 15 U.S.C. Sec. 1453(a)(4).
(8) (a) A federal regulation automatically adopted according to this chapter takes effect
in this state on the date it becomes effective as a federal regulation.
(b) The department shall publish all other proposed rules in publications prescribed by
the department.
(c) (i) A person who may be adversely affected by a rule may, within 30 days after a
federal regulation is automatically adopted, or within 30 days after publication of any other
rule, file with the department, in writing, objections and a request for a hearing.
(ii) The timely filing of substantial objections to a federal regulation automatically
adopted stays the effect of the rule.
(d) (i) If no substantial objections are received and no hearing is requested within 30
days after publication of a proposed rule, it shall take effect on a date set by the department.
(ii) The effective date shall be at least 60 days after the time for filing objections has
expired.
(e) (i) If timely substantial objections are made to a federal regulation within 30 days
after it is automatically adopted or to a proposed rule within 30 days after it is published, the
department, after notice, shall conduct a public hearing to receive evidence on the issues raised
by the objections.
(ii) Any interested person or [
his
] 
the person's
 representative may be heard.
(f) (i) The department shall act upon objections by order and shall mail the order to
objectors by certified mail as soon after the hearing as practicable.
(ii) The order shall be based on substantial evidence in the record of the hearing.
(g) (i) If the order concerns a proposed rule, it may withdraw it or set an effective date
for the rule as published or as modified by the order.
(ii) The effective date shall be at least 60 days after publication of the order.
(9) Whenever a regulation is promulgated under authority of the Federal Food, Drug,
and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., establishing standards for food, the tolerances
established by the department under this chapter shall immediately conform to the standards
established by the Federal Food and Drug Administration as herein provided and shall remain
the same until the department determines that for reasons peculiar to Utah a different rule
should apply.
Section 58. Section 
4-5-105
, which is renumbered from Section 4-5-18 is renumbered
and amended to read:
[
4-5-18
].
 4-5-105.
Inspection of premises and records -- Authority to take
samples -- Inspection results reported.
(1) An authorized agent of the department upon presenting appropriate credentials to
the owner, operator, or agent in charge, may:
(a) enter at reasonable times any factory, warehouse, or establishment in which food is
manufactured, processed, packed, or held for introduction into commerce or after introduction
into commerce;
(b) enter any vehicle being used to transport or hold food in commerce;
(c) inspect at reasonable times and within reasonable limits and in a reasonable manner
any factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and
unfinished materials, containers, and labeling located within it;
(d) obtain samples necessary for the enforcement of this chapter so long as the
department pays the posted price for the sample if requested to do so and receives a signed
receipt from the person from whom the sample is taken;
(e) have access to and copy all records of carriers in commerce showing:
(i) the movement in commerce of any food;
(ii) the holding of food during or after movement in commerce; and
(iii) the quantity, shipper, and consignee of food.
(2) Evidence obtained under this section may not be used in a criminal prosecution of
the person from whom the evidence was obtained.
(3) Carriers may not be subject to the other provisions of this chapter by reason of their
receipt, carriage, holding, or delivery of food in the usual course of business as carriers.
(4) Upon completion of the inspection of a factory, warehouse, consulting laboratory,
or other establishment and prior to leaving the premises, the authorized agent making the
inspection shall give to the owner, operator, or agent in charge a report in writing setting forth
any conditions or practices observed by him which in his judgment indicate that any food in the
establishment:
(a) consists in whole or in part of any filthy, putrid, or decomposed substance; or
(b) has been prepared, packed, or held under unsanitary conditions whereby it may
have become contaminated with filth or whereby it may have been rendered injurious to health.
(5) A copy of the report shall be sent promptly to the department.
(6) If the authorized agent making the inspection of a factory, warehouse, or other
establishment has obtained any sample in the course of the inspection, the agent shall give to
the owner, operator, or agent in charge a receipt describing the samples obtained.
(7) When in the course of the inspection the officer or employee making the inspection
obtains a sample of any food and an analysis is made of the sample for the purpose of
ascertaining whether the food consists in whole or in part of any filthy, putrid, or decomposed
substance or is otherwise unfit for food, a copy of the results of the analysis shall be furnished
promptly to the owner, operator, or agent in charge.
Section 59. Section 
4-5-106
, which is renumbered from Section 4-5-19 is renumbered
and amended to read:
[
4-5-19
].
 4-5-106.
Publication of reports and information.
(1) The department shall publish reports summarizing all judgments, decrees, and court
orders which have been rendered under this chapter, including the nature of the charge and its
disposition.
(2) The department shall disseminate information regarding food which it considers
necessary in the interest of public health and for the protection of consumers against fraud.
(3)
 Nothing in this section [
shall be construed to prohibit
] 
prohibits
 the department
from collecting, reporting, and illustrating the results of investigations made by [
it
] 
the
department
.
Section 60. Section 
4-5-201
, which is renumbered from Section 4-5-8 is renumbered
and amended to read:
Part 2. Labels and Regulations
[
4-5-8
].
 4-5-201.
Labeling requirements -- Misbranded food specified.
(1) The department may require that a label contain specific written, printed, or graphic
information which is:
(a) displayed on the outside container or wrapper of a retail package of an article; or
(b) easily legible through the outside container or wrapper.
[
(1)
] 
(2)
 Food is misbranded if:
(a) its label is false or misleading in any way;
(b) its labeling or packaging fails to conform with the requirements of Section [
4-5-15
]
4-5-205
;
(c) it is offered for sale under the name of another food;
(d) its container is so made, formed, or filled with packing material or air as to be
misleading; or
(e) it fails to conform with any requirement specified in this section.
[
(2)
] 
(3)
 A food that is an imitation of another food shall bear a label, in type of
uniform size and prominence, stating the word "imitation," and, immediately thereafter, the
name of the food imitated.
[
(3)
] 
(4)
 (a) A food in package form shall bear a label containing:
(i) the name and place of business of the manufacturer, packer, or distributor; and
(ii) an accurate statement of the quantity of the contents in terms of weight, measure, or
numerical count.
(b) The statement required by Subsection [
(3)
] 
(4)
(a)(ii) shall be separately and
accurately stated in a uniform location upon the principal display panel of the label unless
reasonable variations and exemptions for small packages are established by a rule made by the
department.
(c) A manufacturer or distributor of carbonated beverages who utilizes proprietary
stock or a proprietary crown is exempt from Subsection [
(3)
] 
(4)
(a)(i) if he files with the
department:
(i) a sworn affidavit giving a full and complete description of each area within the state
in which beverages of his manufacturing or distributing are to be distributed; and
(ii) the name and address of the person responsible for compliance with this chapter
within each of those areas.
[
(4)
] 
(5)
 Any word, statement, or other information required by this chapter to appear
on the label or labeling shall be:
(a) prominently placed on the label;
(b) conspicuous in comparison with other words, statements, designs, or devices in the
labeling; and
(c) in terms which render it likely to be read and understood by the ordinary individual
under customary conditions of purchase and use.
[
(5)
] 
(6)
 If a food is represented as a food for which a definition and standard of
identity has been prescribed by federal regulations or department rules as provided by Section
[
4-5-6
] 
4-5-207
, it shall:
(a) conform to the definition and standard; and
(b) have a label bearing:
(i) the name of the food specified in the definition and standard; and
(ii) insofar as may be required by the rules, the common names of optional ingredients,
other than spices, flavorings, and colorings, present in the food.
[
(6)
] 
(7)
 If a food is represented as a food for which a standard of quality has been
prescribed by federal regulations or department rules as provided by Section [
4-5-6
] 
4-5-207
,
and its quality falls below the standard, its label shall bear, in the manner and form as the
regulations or rules specify, a statement indicating that it falls below the standards.
[
(7)
] 
(8)
 If a food is represented as a food for which a standard of fill of container has
been prescribed by federal regulations or department rules as provided by Section [
4-5-6
]
4-5-207
, and it falls below the applicable standard of fill, its label shall bear, in the manner and
form as the regulations or rules specify, a statement indicating that it falls below the standard.
[
(8)
] 
(9)
 (a) Any food for which neither a definition nor standard of identity has been
prescribed by federal regulations or department rules as provided by Section [
4-5-6
] 
4-5-207
shall bear labeling clearly giving:
(i) the common or usual name of the food, if any; and
(ii) in case it is fabricated from two or more ingredients, the common or usual name of
each ingredient, except that spices, flavorings, and colorings, other than those sold as such,
may be designated as spices, flavorings, and colorings without naming each.
(b) To the extent that compliance with the requirements of Subsection [
(8)
] 
(9)
(a)(ii) is
impractical or results in deception or unfair competition, exemptions shall be established by
rules made by the department.
[
(9)
] 
(10)
 If a food is represented as a food for special dietary uses, its label shall bear
the information concerning its vitamin, mineral, and other dietary properties as the department
by rule prescribes.
[
(10)
] 
(11) (a)
 If a food bears or contains any artificial flavoring, artificial coloring, or
chemical preservatives, its label shall state that fact.
(b)
 If compliance with the requirements of [
this subsection
] 
Subsection (11)(a)
 is
impracticable, exemptions shall be established by rules made by the department.
[
(11)
] 
(12) (a)
 The shipping container of any raw agricultural commodity bearing or
containing a pesticide chemical applied after harvest shall bear labeling which declares the
presence of the chemical in or on the commodity and the common or usual name and function
of the chemical.
(b)
 The declaration is not required while the commodity, having been removed from
the shipping container, is being held or displaced for sale at retail out of the container in
accordance with the custom of the trade.
[
(12)
] 
(13)
 A product intended as an ingredient of another food, when used according
to the directions of the purveyor, may not result in the final food product being adulterated or
misbranded.
[
(13)
] 
(14)
 The packaging and labeling of a color additive shall be in conformity with
the packaging and labeling requirements applicable to the color additive prescribed under the
federal act.
[
(14)
] 
(15) (a)
 Subsections [
(5), (8), and (10)
] 
(6), (9), and (11)
 with respect to artificial
coloring do not apply to butter, cheese, or ice cream.
(b)
 Subsection [
(10)
] 
(11)
 with respect to chemical preservatives does not apply to a
pesticide chemical when used in or on a raw agricultural commodity.
Section 61. Section 
4-5-202
, which is renumbered from Section 4-5-5 is renumbered
and amended to read:
[
4-5-5
].
 4-5-202.
Adulterated or misbranded articles -- Tagging -- Detention
or embargo -- Court proceedings for condemnation -- Perishable food.
(1) (a) When an authorized agent of the department finds or has probable cause to
believe that any food is adulterated, or so misbranded as to be dangerous or fraudulent within
the meaning of this chapter, [
he
] 
the agents
 shall affix to the food a tag or other appropriate
marking, giving notice that:
(i) the food is, or is suspected of being, adulterated or misbranded;
(ii) the food has been detained or embargoed; and
(iii) removal of the food is prohibited as provided in Subsection (1)(b).
(b) No person may remove or dispose of detained or embargoed food by sale or
otherwise until permission for removal or disposal is given by an agent of the department or the
court.
(2) 
(a)
 When food detained or embargoed under Subsection (1) has been found by an
agent to be adulterated or misbranded, the department shall petition the district court in whose
jurisdiction the food is detained or embargoed for an order of condemnation of the food.
(b)
 When the agent has found that food so detained or embargoed is not adulterated or
misbranded, the department shall remove the tag or other marking.
(3) (a) If the court finds that detained or embargoed food is adulterated or misbranded,
the food shall, after entry of the decree, be destroyed under the supervision of the agent.
(b) If the adulteration or misbranding can be corrected by proper labeling or processing
of the food, the court may by order direct that the food be delivered to the claimant for labeling
or processing after:
(i) entry of the decree;
(ii) all costs, fees, and expenses have been paid; and
(iii) a sufficient bond, conditioned that the food shall be properly labeled and
processed, has been executed.
(c) An agent of the department shall supervise, at the claimant's expense, the labeling
or processing of the food.
(d) The bond shall be returned to the claimant of the food upon:
(i) representation to the court by the department that the food is no longer in violation
of this chapter; and
(ii) the expenses of supervision have been paid.
(4) If an authorized agent of the department finds in any building or vehicle any
perishable food which is unsound, contains any filthy, decomposed, or putrid substance, or may
be poisonous, deleterious to health, or otherwise unsafe, the commissioner or his authorized
agent shall condemn or destroy the food or render it unsalable as human food.
Section 62. Section 
4-5-203
, which is renumbered from Section 4-5-10 is renumbered
and amended to read:
[
4-5-10
].
 4-5-203.
Food processed, labeled, or repacked at another location --
Exemption from labeling requirements by rule.
(1) The department shall adopt rules exempting food from any labeling requirement of
this chapter that is, in accordance with the practice of the trade, to be processed, labeled or
repacked in substantial quantities at establishments other than those where originally processed
or packed, on condition that the food is not adulterated or misbranded under this chapter upon
removal from such processing, labeling or repacking establishment.
(2) (a) Regulations now or hereafter adopted under authority of the Federal Food,
Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., relating to the exemptions described in
Subsection (1) are automatically effective in this state.
(b) The department may adopt additional rules or amendments to existing rules
concerning exemptions.
Section 63. Section 
4-5-204
, which is renumbered from Section 4-5-11 is renumbered
and amended to read:
[
4-5-11
].
 4-5-204.
Substances considered unsafe -- Authority in department
to regulate quantity and use.
(1) (a) Any added poisonous or deleterious substance, any food additive, any pesticide
chemical in or on a raw agricultural commodity or any color additive, with respect to any
particular use or intended use, is considered to be unsafe for the purpose of application of
Subsection [
4-5-7
] 
4-5-103
(1)(b) unless:
(i) there is in effect a rule adopted pursuant to this section or Section [
4-5-17
] 
4-5-104
limiting the quantity of the substance; and
(ii) the use or intended use of the substance conforms to the terms prescribed by the
rule.
(b) While the rules relating to the substance are in effect, a food may not, by reason of
bearing or containing the substance in accordance with the rules, be considered adulterated
within the meaning of Subsection [
4-5-7
] 
4-5-103
(1)(a).
(2) The department may make rules, which may or may not be in accordance with
regulations made under the federal act, prescribing:
(a) tolerances, including zero tolerances, for:
(i) added poisonous or deleterious substances;
(ii) food additives;
(iii) pesticide chemicals in or on raw agricultural commodities; or
(iv) color additives;
(b) exemptions from tolerances in the case of pesticide chemicals in or on raw
agricultural commodities; or
(c) conditions under which a food additive or a color additive may be safely used and
exemptions when a food additive or color additive may be used solely for investigational or
experimental purposes.
(3) 
(a)
 The department may make these rules upon its own initiative or upon the
petition of any interested party.
(b)
 It is incumbent upon the petitioner to establish by data submitted to the department
that the rule is necessary to protect the public health.
(c)
 If the data furnished by the petitioner is not sufficient to allow the department to
determine whether the rule should be made, the department may require additional data to be
submitted.
(d)
 Failure to comply with the request is sufficient grounds to deny the request.
(4) In making the rules, the department shall consider, among other relevant factors,
the following which the petitioner, if any, shall furnish:
(a) the name and all pertinent information concerning the substance including:
(i) where available;
(ii) its chemical identity and composition;
(iii) a statement of the conditions of the proposed use, including directions,
recommendations, and suggestions;
(iv) specimens of proposed labeling; and
(v) all relevant data bearing on the physical or other technical effect and the quantity
required to produce such effect;
(b) the probable composition of any substance formed in or on a food resulting from
the use of the substance;
(c) the probable consumption of the substance in the diet of man and animals, taking
into account any chemically or pharmacologically related substance in the diet;
(d) safety factors which, in the opinion of experts qualified by scientific training and
experience to evaluate the safety of the substances for the uses for which they are proposed to
be used, are generally recognized as appropriate for the use of animal experimentation data;
(e) the availability of any needed practicable methods of analysis for determining the
identity and quantity of:
(i) the substance in or on food;
(ii) any substance formed in or on food because of the use of the substance; and
(iii) the pure substance and all intermediates and impurities; and
(f) facts supporting a contention that the proposed use of the substance will serve a
useful purpose.
Section 64. Section 
4-5-205
, which is renumbered from Section 4-5-15 is renumbered
and amended to read:
[
4-5-15
].
 4-5-205.
Consumer commodities -- Labeling and packaging.
(1) All labels of consumer commodities, as defined by this chapter, shall conform with
the requirements for the declaration of net quantity of contents of 15 U.S.C. Sec. 1453 and the
regulations promulgated pursuant thereto: provided, that consumer commodities exempted
from 15 U.S.C. Sec. 1453(a)(4) shall also be exempt from this Subsection (1).
(2) The label of any package of a consumer commodity that bears a representation as to
the number of servings of the commodity contained in the package shall bear a statement of the
net quantity in terms of weight, measure, or numerical count for each serving.
(3) (a) No person shall distribute or cause to be distributed in commerce any packaged
consumer commodity if any qualifying words or phrases appear in conjunction with the
separate statement of the net quantity of contents required by Subsection (1), but nothing in this
section shall prohibit supplemental statements, at other places on the package, describing in
nondeceptive terms the net quantity of contents.
(b) Supplemental statements of net quantity of contents may not include any term
qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the
commodity contained in the package.
(4) (a) Whenever the department determines that rules other than those prescribed by
Subsection (1) are necessary to prevent the deception of consumers or to facilitate value
comparisons as to any consumer commodity, the department shall promulgate rules effective
to:
(i) establish and define standards for the characterization of the size of a package
enclosing any consumer commodity, which may be used to supplement the label statement of
net quantity of contents of packages containing the commodity, but this Subsection (4) does not
authorize any limitation on the size, shape, weight, dimensions, or number of packages that
may be used to enclose any commodity;
(ii) regulate the placement upon any package containing any commodity, or upon any
label affixed to a commodity, of any printed matter stating or representing by implication that
the commodity is offered for retail sale at a price lower than the ordinary and customary retail
sale price or that a retail sale price advantage is accorded to purchasers by reason of the size of
that package or the quantity of its contents;
(iii) require that the label on each package of a consumer commodity bear:
(A) the common or usual name of such consumer commodity, if any; and
(B) if the consumer commodity consists of two or more ingredients, the common or
usual name of each such ingredient listed in order of decreasing predominance, but nothing in
this Subsection (4) shall be considered to require that any trade secret be divulged; or
(iv) prevent the nonfunctional slack-fill of packages containing consumer
commodities.
(b) For the purposes of Subsection (4)(a)(iv), a package is nonfunctionally slack-filled
if it is filled to substantially less than its capacity for reasons other than:
(i) protection of the contents of such package; or
(ii) the requirements of machines used for enclosing the contents in such package;
provided, that the department may adopt any rules promulgated according to the Fair Packaging
and Labeling Act, 15 U.S.C. Sec. 1453.
Section 65. Section 
4-5-206
, which is renumbered from Section 4-5-16 is renumbered
and amended to read:
[
4-5-16
].
 4-5-206.
Food advertisement false or misleading.
An advertisement of a food is considered to be false if it is false or misleading in any
way. 
Section 66. Section 
4-5-207
, which is renumbered from Section 4-5-6 is renumbered
and amended to read:
[
4-5-6
].
 4-5-207.
Definitions and standards of identity, quality, and fill of
container -- Rules -- Temporary and special permits.
(1) (a) Definitions and standards of identity, quality and fill of container, now or
hereafter adopted under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec.
301 et seq., are the definitions and standards of identity, quality and fill of container in this
state.
(b) The department may adopt rules establishing definitions and standards of identity,
quality and fill of container for foods where no federal regulations exist and may promulgate
amendments to any federal regulations or state rules that set definitions and standards of
identity, quality and fill of container for foods.
(2) (a) Temporary permits [
now or hereafter
] granted for interstate shipment of
experimental packs of food varying from the requirements of federal definitions and standards
of identity are automatically effective in this state under the conditions provided in the permits.
(b) The department may issue additional permits where they are necessary for the
completion or conclusiveness of an otherwise adequate investigation and where the interests of
consumers are safeguarded.
(c) Permits are subject to the terms and conditions the department may prescribe by
rule.
Section 67. Section 
4-5-301
, which is renumbered from Section 4-5-9 is renumbered
and amended to read:
Part 3. Registration and Inspection
[
4-5-9
].
 4-5-301.
Registration of food establishments -- Fee -- Suspension
and reinstatement of registration -- Inspection for compliance.
(1) (a) Pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall establish rules providing for the registration of food establishments to protect
public health and ensure a safe food supply.
(b) The owner or operator of a food establishment shall register with the department
before operating a food establishment.
(c) [
Prior to
] 
Before
 granting a registration to the owner or operator of a food
establishment, the department shall inspect and assess the food establishment to determine
whether it complies with the rules established under Subsection (1)(a).
(d) An applicant shall register with the department, in writing, using forms required by
the department.
(e) The department shall issue a registration to an applicant, if the department
determines that the applicant meets the qualifications of registration established under
Subsection (1)(a).
(f) If the applicant does not meet the qualifications of registration, the department shall
notify the applicant, in writing, that the applicant's registration is denied.
(g) (i) If an applicant submits an incomplete application, a written notice of conditional
denial of registration shall be provided to an applicant.
(ii) The applicant shall correct the deficiencies within the time period specified in the
notice to receive a registration.
(h) (i) The department may, as provided under Subsection [
4-2-2
] 
4-2-103
(2), charge
the food establishment a registration fee.
(ii) The department shall retain the fees as dedicated credits and shall use the fees to
administer the registration of food establishments.
(2) (a) A registration, issued under this section, shall be valid from the date the
department issues the registration, to December 31 of the year the registration is issued.
(b) A registration may be renewed for the following year by applying for renewal by
December 31 of the year the registration expires.
(3) A registration, issued under this section, shall specify:
(a) the name and address of the food establishment;
(b) the name of the owner or operator of the food establishment; and
(c) the registration issuance and expiration date.
(4) (a) The department may immediately suspend a registration, issued under this
section, if any of the conditions of registration have been violated.
(b) (i) The holder of a registration suspended under Subsection (4)(a) may apply for the
reinstatement of a registration.
(ii) If the department determines that all registration requirements have been met, the
department shall reinstate the registration.
(5) (a) A food establishment, registered under this section, shall allow the department
to have access to the food establishment to determine if the food establishment is complying
with the registration requirements.
(b) If a food establishment denies access for an inspection required under Subsection
(5)(a), the department may suspend the food establishment's registration until the department is
allowed access to the food establishment's premises.
Section 68. Section 
4-5-401
, which is renumbered from Section 4-5-3 is renumbered
and amended to read:
Part 4. Enforcement
[
4-5-3
].
 4-5-401.
Unlawful acts specified.
(1) A person may not:
(a) manufacture, sell, deliver, hold, or offer for sale a food that is adulterated or
misbranded;
(b) adulterate or misbrand food;
(c) except as provided in Subsection (2), distribute, in commerce, a consumer
commodity inconsistent with the packaging and labeling requirements of this chapter, or the
rules made under this chapter;
(d) sell, deliver for sale, hold for sale, or offer for sale an article in violation of Section
[
4-5-9
] 
4-5-301
;
(e) disseminate false advertising;
(f) remove or dispose of detained or embargoed food in violation of Section [
4-5-5
]
4-5-202
;
(g) adulterate, mutilate, destroy, obliterate, or remove the food label which results in
the food being misbranded or adulterated while the food is for sale;
(h) forge, counterfeit, simulate, or misrepresent a label or information, by the
unauthorized use of a mark, stamp, tag, label, or other identification device;
(i) use or reveal a method, process, or information which is protected as a trade secret;
(j) operate a food establishment without a valid registration issued by the department;
and
(k) refuse entry to an authorized agent of the department in a food establishment as
required under Section [
4-5-18
] 
4-5-105
.
(2) Subsection (1)(c) does not apply to a person engaged in the wholesale or retail
distribution of consumer commodities unless that person:
(a) is engaged in the packaging or labeling of consumer commodities; or
(b) prescribes or specifies the manner in which consumer commodities are packaged or
labeled.
Section 69. Section 
4-5-402
, which is renumbered from Section 4-5-4 is renumbered
and amended to read:
[
4-5-4
].
 4-5-402.
Defenses.
No publisher, radio-broadcast licensee, or agency or medium for the dissemination of an
advertisement, except the manufacturer, packer, distributor, or seller of the article to which a
false advertisement relates, shall be liable under this section by reason of the dissemination of
such false advertisement, unless he has refused, on the request of the department to furnish it,
the name and post-office address of the manufacturer, packer, distributor, seller, or advertising
agency, residing in the state of Utah who caused him to disseminate such advertisement.
Section 70. Section 
4-5-501
, which is renumbered from Section 4-5-9.5 is renumbered
and amended to read:
Part 5. Special Programs
[
4-5-9.5
].
 4-5-501.
Cottage food production operations.
(1) For purposes of this chapter:
(a) "Cottage food production operation" means a person, who in the person's home,
produces a food product that is not a potentially hazardous food or a food that requires
time/temperature controls for safety.
(b) "Home" means a primary residence:
(i) occupied by the individual who is operating a cottage food production operation;
and
(ii) which contains:
(A) a kitchen designed for common residential usage; and
(B) appliances designed for common residential usage.
(c) "Potentially hazardous food" or "food that requires time/temperature controls for
safety":
(i) means a food that requires time and or temperature control for safety to limit
pathogenic microorganism growth or toxin formation and is in a form capable of supporting:
(A) the rapid and progressive growth of infections or toxigenic microorganisms;
(B) the growth and toxin production of Clostridium botulinum; or
(C) in shell eggs, the growth of Salmonella enteritidis;
(ii) includes:
(A) an animal food;
(B) a food of animal origin that is raw or heat treated;
(C) a food of plant origin that is heat treated or consists of raw seed sprouts;
(D) cut melons;
(E) cut tomatoes; and
(F) garlic and oil mixtures that are not acidified or otherwise modified at a food
establishment in a way that results in mixtures that do not support growth as specified under
Subsection (1)(c)(i); and
(iii) does not include:
(A) an air-cooled hard-boiled egg with shell intact;
(B) a food with an actual weight or water activity value of 0.85 or less;
(C) a food with pH level of 4.6 or below when measured at 24 degrees Centigrade;
(D) a food, in an unopened hermetically sealed container, that is processed to achieve
and maintain sterility under conditions of nonrefrigerated storage and distribution;
(E) a food for which laboratory evidence demonstrates that the rapid and progressive
growth of items listed in Subsection (1)(c)(i) cannot occur, such as a food that:
(I) has an actual weight and a pH level that are above the levels specified under
Subsections (1)(c)(iii)(B) and (C); or
(II) contains a preservative or other barrier to the growth of microorganisms, or a
combination of barriers that inhibit the growth of microorganisms; or
(F) a food that does not support the growth of microorganisms as specified under
Subsection (1)(c)(i) even though the food may contain an infectious or toxigenic
microorganism or chemical or physical contaminant at a level sufficient to cause illness.
(2) (a) The department shall adopt rules pursuant to Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, as necessary to protect public health and ensure a safe food
supply.
(b) Rules adopted pursuant to this Subsection (2) shall provide for:
(i) the registration of cottage food production operations as food establishments under
this chapter;
(ii) the labeling of products from a cottage food production operation as "Home
Produced"; and
(iii) other exceptions to the chapter that the department determines are appropriate and
that are consistent with this section.
(3) Rules adopted pursuant to Subsection (2):
(a) may not require:
(i) the use of commercial surfaces such as stainless steel counters or cabinets;
(ii) the use of a commercial grade:
(A) sink;
(B) dishwasher; or
(C) oven;
(iii) a separate kitchen for the cottage food production operation; or
(iv) the submission of plans and specifications before construction of, or remodel of, a
cottage food production operation; and
(b) may require:
(i) an inspection of a cottage food production operation:
(A) prior to issuing a registration for the cottage food production operation; and
(B) at other times if the department has reason to believe the cottage food production
operation is operating:
(I) in violation of this chapter or an administrative rule adopted pursuant to this
section; or
(II) in an unsanitary manner; and
(ii) the use of finished and cleanable surfaces.
(4) (a) The operator of a cottage food production operation shall:
(i) register with the department as a cottage food production operation before operating
as a cottage food production operation; and
(ii) hold a valid food handler's permit.
(b) Notwithstanding the provisions of Subsections [
4-5-9
] 
4-5-301
(1)(a) and (c), the
department shall issue a registration to an applicant for a cottage food production operation if
the applicant for the registration:
(i) passes the inspection required by Subsection (3)(b);
(ii) pays the fees required by the department; and
(iii) meets the requirements of this section.
(5) Notwithstanding the provisions of Section 
26A-1-114
, a local health department:
(a) does not have jurisdiction to regulate the production of food at a cottage food
production operation operating in compliance with this section, as long as the products are not
offered to the public for consumption on the premises; and
(b) does have jurisdiction to investigate a cottage food production operation in any
investigation into the cause of a food born illness outbreak.
(6) A food service establishment as defined in Section 
26-15a-102
 may not use a
product produced in a cottage food production operation as an ingredient in any food that is
prepared by the food establishment and offered by the food establishment to the public for
consumption.
Section 71. Section 
4-5-502
, which is renumbered from Section 4-5-20 is renumbered
and amended to read:
[
4-5-20
].
 4-5-502.
Food designated as raw honey.
(1) As used in this section:
(a) "Honey" means the natural sweet substance produced by honeybees from nectar of
plants or from secretions of living parts of plants that the bees collect, transform by combining
with specific substances of their own, then deposit, dehydrate, store, and leave in the
honeycomb to ripen and mature.
(b) "Raw honey" means honey:
(i) as it exists in the beehive or as obtained by extraction, settling, or straining;
(ii) that is minimally processed; and
(iii) that is not pasteurized.
(2) Honey that is produced, packed, repacked, distributed, or sold in this state may only
be labeled and designated as raw honey if it meets:
(a) the definition of raw honey in this section; and
(b) any additional requirements imposed by the department by rule.
(3) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish labeling requirements consistent with the
provisions of this section.
Section 72. Section 
4-7-101
, which is renumbered from Section 4-7-1 is renumbered
and amended to read:
CHAPTER 7. LIVESTOCK DEALERS' ACT
[
4-7-1
].
 4-7-101.
Title.
This chapter is known as the "Livestock Dealers' Act."
Section 73. Section 
4-7-102
, which is renumbered from Section 4-7-2 is renumbered
and amended to read:
[
4-7-2
].
 4-7-102.
Purpose declaration.
The Legislature finds [
and declares
] that the public interest requires regulation of the
sale of livestock between the producer and [
persons who purchase
] 
a person who purchases
livestock for resale to protect [
producers
] 
the producer
 from unwarranted hazard and loss in the
sale of [
their
] livestock.
Section 74. Section 
4-7-103
, which is renumbered from Section 4-7-3 is renumbered
and amended to read:
[
4-7-3
].
 4-7-103.
Definitions.
As used in this chapter:
(1) "Agent" [
or "broker"
] means a person who, on behalf of a dealer, purchaser, or
livestock market, as defined in Section [
4-30-1
] 
4-30-102
, solicits or negotiates the
consignment or purchase of livestock.
(2) "Consignor" means a person who ships or delivers livestock to a dealer for handling
or sale.
(3) (a) "Dealer" means a person who:
(i) receives livestock from a person for sale on commission;
(ii) is entrusted with the possession, management, control, or disposal of livestock for
the account of that person; [
and
] 
or
(iii) negotiates price, determines a delivery date, and receives money on behalf of a
livestock producer.
(b) "Dealer" includes
:
(i)
 a livestock dealer[
.
]
; and
(ii) a person who owns or leases a feedlot.
[
(c) "Dealer" includes a person who owns or leases a feedlot.
]
(4) (a) "Immediate resale" means the resale of livestock within 60 days of purchase.
(b) "Immediate resale" does not include the resale of livestock culled within 60 days
that were purchased for feeding or replacement.
(5) "Livestock" means cattle, swine, equines, sheep, camelidae, ratites, bison, 
goats,
and domesticated elk as defined in Section 
4-39-102
.
(6) "Livestock dealer" means a person engaged in the business of purchasing livestock
for immediate resale or interstate shipment for immediate resale.
(7) "Producer" means a person who is primarily engaged in the business of raising
livestock for profit.
Section 75. Section 
4-7-104
, which is renumbered from Section 4-7-4 is renumbered
and amended to read:
[
4-7-4
].
 4-7-104.
Unlawful to act as an agent or dealer without license --
Exception.
Except as exempted by Section [
4-7-5
] 
4-7-105
, no person may act as an agent[
,
broker,
] or dealer in this state without being licensed under this chapter.
Section 76. Section 
4-7-105
, which is renumbered from Section 4-7-5 is renumbered
and amended to read:
[
4-7-5
].
 4-7-105.
Exemptions.
The surety and licensing requirements of this chapter do not apply to:
(1) a livestock market that is bonded as required by laws of the United States and Title
4, Chapter 30, Livestock Markets; or
(2) a cooperative incorporated under the laws of this state or another state, except as to
the receipt of livestock from a nonmember producer.
Section 77. Section 
4-7-106
, which is renumbered from Section 4-7-6 is renumbered
and amended to read:
[
4-7-6
].
 4-7-106.
Licenses -- Applications.
Application for an agent's[
, broker's,
] or dealer's license shall be made to the department
upon forms prescribed and furnished by the department[
. The
]
, and the
 application shall state:
(1) the applicant's name, principal address in this state, and date of birth;
(2) the applicant's principal address in any location outside Utah;
(3) the name and principal address of the person authorized by the applicant to accept
service of process in this state on behalf of the applicant during the licensure period;
(4) the name and principal address of the applicant's surety if the application is for a
dealer's license;
(5) a schedule of the commissions, fees, and other charges the applicant intends to
collect for services during the period of licensure;
(6) the name and address of each principal the applicant intends to represent during the
period of licensure; and
(7) any other information that the department may require by rule.
Section 78. Section 
4-7-107
, which is renumbered from Section 4-7-7 is renumbered
and amended to read:
[
4-7-7
].
 4-7-107.
Issuance of dealer and agent licenses -- Fees -- Deposit of
bond or trust agreement -- Renewal -- Refusal to issue or renew license.
(1) The commissioner, if satisfied that the convenience and necessity of the industry
and the public will be served, shall issue a license to a dealer within 30 days after:
(a) receipt of a proper application and financial statement;
(b) payment of a license fee determined by the department pursuant to Subsection
[
4-2-2
] 
4-2-103
(2); and
(c) the posting of a corporate surety bond, an irrevocable letter of credit, a trust fund
agreement, or other security required by Section [
4-7-8
] 
4-7-108
.
(2) Upon proper application and payment of the license fee determined by the
department pursuant to Subsection [
4-2-2
] 
4-2-103
(2), the commissioner shall issue a license to
conduct business as an agent [
or broker
].
(3) A license issued under this chapter:
(a) entitles the applicant to conduct the business described in the application through
December 31 of the year in which the license is issued, subject to suspension or revocation for
cause; and
(b) is renewable for a period of one year upon:
(i) receipt of a proper renewal application; and
(ii) payment of an annual license renewal fee determined by the department pursuant to
Subsection [
4-2-2
] 
4-2-103
(2).
(4) A license issued under this chapter shall at all times remain the property of the
state, and the licensee is entitled to [
its possession
] 
the license
 only for the duration of the
license.
(5) The department shall refuse to issue or renew a license if the applicant:
(a) cannot produce a financial statement with sufficient assets to justify the amount of
business the applicant contemplates, unless the application is for [
a broker's or
] 
an
 agent's
license;
(b) is in violation of this chapter or rules adopted under this chapter;
(c) has made a false or misleading statement as to the health or physical condition of
livestock in connection with the buying, receiving, selling, exchanging, soliciting or
negotiating the sale of, or the weighing of livestock;
(d) has failed to keep records of purchases and sales or refused to grant inspection of
those records by authorized agents of the department;
(e) has failed to comply with a lawful order of the department;
(f) has been found by the department to have failed to pay, without reasonable cause,
obligations incurred in connection with the livestock transaction;
(g) has been suspended by order of the secretary of agriculture of the United States
Department of Agriculture under provisions of the Packers and Stockyards Act, 1921, 7 U.S.C.
Sec. 181 et seq.;
(h) employs a person required to be licensed whose license cannot be renewed or
whose license is under suspension or revocation by the department or the United States
Department of Agriculture; or
(i) has any unsatisfied civil judgments related to an activity for which licensing is
required by this chapter.
(6) An applicant who has been refused a license or license renewal may not apply again
for one year following refusal unless the department determines that the applicant is in
compliance with this chapter.
Section 79. Section 
4-7-108
, which is renumbered from Section 4-7-8 is renumbered
and amended to read:
[
4-7-8
].
 4-7-108.
Applicant for dealer's license to post security -- Increase in
amount of security posted -- Action on security authorized -- Duties of commissioner --
Option to require posting new security if action filed -- Effect of failure to post new
security -- Commissioner's authority to call bond if not renewed.
(1) (a) Before a license is issued to a dealer, the applicant shall post a corporate surety
bond, irrevocable letter of credit, trust fund agreement, or any other security agreement
considered reasonable in an amount not less than $10,000 [
nor more than $200,000
], as
determined by the commissioner or as required by the Packers and Stockyards Act, 1921, 7
U.S.C. [
Section
] 
Sec.
et seq.
(b) Any bond shall be written by a surety licensed under the laws of Utah and name the
state, as obligee, for the use and benefit of producers.
(c) The bond or other security posted shall be conditioned upon:
(i) the faithful performance of contracts and the faithful accounting for and handling of
livestock consigned to the dealer;
(ii) the performance of the obligations imposed under this chapter; and
(iii) the payment of court costs and [
attorney's
] 
attorney
 fees to the prevailing party
incident to any suit upon the bond or other security posted.
(2) (a) The commissioner may require a dealer who is issued a license to increase the
amount of the bond or other security posted under Subsection (1)(a) if the commissioner
determines the bond or other security posted is inadequate to secure performance of the dealer's
obligations.
(b) The commissioner shall notify the Packers and Stockyards Administration of an
increase made under Subsection (2)(a).
(c) The commissioner may suspend a dealer's license for failure to comply with
Subsection (2)(a) within 10 days after notice is given to the dealer.
(3) A consignor claiming damages, as a result of fraud, deceit, or willful negligence by
a dealer or as a result of the dealer's failure to comply with this chapter, may bring an action
upon the bond or other security posted for damages against both the principal and surety.
(4) (a) If it is reported to the department by a consignor that a dealer has failed to pay in
a timely manner for livestock received for sale, the commissioner shall:
(i) ascertain the name and address of each consignor who is a creditor of the dealer;
and
(ii) request a verified written statement setting forth the amount claimed due from the
dealer.
(b) Upon receipt of the verified statements, the commissioner shall bring an action
upon the bond or other security posted on behalf of the consignors who claim amounts due
from the dealer.
(5) (a) If an action is filed upon the bond or other security posted, the commissioner
may require the filing of new security.
(b) Immediately upon recovery in the action 
described in Subsection (5)(a)
, the
commissioner shall require the dealer to file a new bond or other security.
(c) [
Failure, in either case,
] 
(i) The commissioner may suspend a license if a dealer
fails
 to file the bond or other security within 10 days after 
the commissioner's
 demand [
is cause
for suspension of the license until a new bond or other security is filed
].
(ii) A suspension described in Subsection (5)(c)(i) shall remain in effect until the dealer
files a new bond or other security.
(d) If the bond or other security posted under this section is not renewed within 10 days
of its expiration date, unless the commissioner states in writing that this is unnecessary, the
commissioner may obtain, after a hearing, the full amount of the bond or other security before
it expires.
Section 80. Section 
4-7-109
, which is renumbered from Section 4-7-9 is renumbered
and amended to read:
[
4-7-9
].
 4-7-109.
Dealers -- Records mandated -- Records subject to
inspection.
(1) A dealer who receives livestock for sale or consignment shall promptly record:
(a) the name and address of the consignor;
(b) the date received;
(c) the condition and quantity upon arrival;
(d) the date of sale for account of the producer-consignor;
(e) the sale price;
(f) an itemized statement of the charges to be paid by the producer-consignor;
(g) the individual or group identification of the livestock;
(h) the nature and amount of any claims the dealer has against third persons for
overcharges or damages; and
(i) if the dealer has a direct or indirect financial interest in the business of the
purchaser, or, if the purchaser has a similar financial interest in the business of the dealer, the
name and address of the purchaser.
(2) (a) The dealer shall provide a copy of the livestock receipt to the producer
immediately upon delivery of the product.
(b) The records required by this section shall be retained for a period of one year
following the date of consignment and shall be available during business hours for inspection
by the department.
(c) A consignor involved in a consignment subject to inquiry may inspect relevant
records.
(3) (a) A dealer shall file an annual report of the records required under Subsection (1)
with the department on a form prescribed and furnished by the department.
(b) The dealer shall file the report by April 15 following the end of a calendar year, or
if the records are kept on a fiscal year basis, by 90 days after the close of the fiscal year.
(c) The commissioner may, for good cause shown or by the commissioner's own
motion, grant an extension to the filing deadline under Subsection (3)(b).
(d) For purposes of this Subsection (3), "dealer" does not include a packer buyer
registered to purchase livestock for slaughter only.
(e) The department shall accept reports as required by the Packers and Stockyards
Administration for livestock under the Packers and Stockyards Act, [
C.F.R. Sec. 201.97
]
1921, 7 U.S.C. Sec. 181, et seq
.
(f) The reports required under this Subsection (3) may be subject to audit and establish
the basis for bond adequacy.
Section 81. Section 
4-7-110
, which is renumbered from Section 4-7-10 is renumbered
and amended to read:
[
4-7-10
].
 4-7-110.
Livestock purchases.
Livestock purchases shall be paid for as provided in the Packers and Stockyards Act,
1921, 7 U.S.C. Sec. 181, et seq.
Section 82. Section 
4-7-201
, which is renumbered from Section 4-7-11 is renumbered
and amended to read:
Part 2. Enforcement, Penalties, and Prohibitions
[
4-7-11
].
 4-7-201.
Department authority -- Examination and investigation of
transactions -- Notice of agency action upon probable cause -- Settlement of disputes --
Cease and desist order -- Enforcement -- Review.
(1) For the purpose of enforcing this chapter the department may, upon [
its
] 
the
department's
 own motion, or shall, upon the verified complaint of an interested consignor,
investigate, examine, or inspect any transaction involving:
(a) the solicitation, receipt, sale, or attempted sale of livestock by a dealer or person
assuming to act as a dealer;
(b) the failure to make a correct account of sales;
(c) the intentional making of a false statement about market conditions or the condition
or quantity of livestock consigned;
(d) the failure to remit payment in a timely manner to the consignor as required by
contract or by this chapter;
(e) any other consignment transaction alleged to have resulted in damage to the
consignor; or
(f) any dealer or agent with an unsatisfied judgment by a civil court related to an
activity for which licensing is required by this chapter.
(2) (a) After investigation upon [
its
] 
the department's
 own motion, if the department
determines that probable cause exists to believe that a dealer has engaged
,
 or is engaging
,
 in
acts that violate this chapter, the department shall issue a notice of agency action.
(b) (i) Upon the receipt of a verified complaint, the department shall undertake to effect
a settlement between the consignor and the dealer.
(ii) If a settlement cannot be effected, the department shall treat the verified complaint
as a request for agency action.
(3) (a) In a hearing upon a verified complaint, if the commissioner, or hearing officer
designated by the commissioner, determines by a preponderance of the evidence that the person
complained of has violated this chapter and that the violation has resulted in damage to the
complainant, the commissioner or officer shall:
(i) prepare written findings of fact detailing the findings and fixing the amount of
damage suffered; and
(ii) order the defendant to pay damages.
(b) In a hearing initiated upon the department's own motion, if the commissioner or
hearing officer determines by a preponderance of the evidence that the person complained of by
the department has engaged [
in
], or is engaging
,
 in[
,
] acts that violate this chapter, the
commissioner or officer shall prepare written findings of fact and an order requiring the person
to cease and desist from the activity.
(4) The department may petition any court having jurisdiction in the county where the
action complained of occurred to enforce the department's order.
(5) Any dealer aggrieved by an order issued under this section may obtain judicial
review of the order.
(6) (a) The department may not act upon a verified complaint submitted to the
department more than six months after the consignor allegedly suffered damage.
(b) A livestock claim shall be made in writing within 120 days from the date of the
transaction.
Section 83. Section 
4-7-202
, which is renumbered from Section 4-7-12 is renumbered
and amended to read:
[
4-7-12
].
 4-7-202.
Sale of livestock -- Prima facie evidence of fraud.
The following constitutes prima facie evidence of fraud in the sale of livestock:
(1) any sale of livestock at less than market price by a dealer to a person with whom
the dealer has a financial interest; or
(2) any sale out of which the dealer receives part of the sale price other than the agreed
commission or other agreed charges.
Section 84. Section 
4-7-203
, which is renumbered from Section 4-7-13 is renumbered
and amended to read:
[
4-7-13
].
 4-7-203.
Suspension or revocation -- Grounds -- Notice to
producers.
(1) The department may suspend or revoke the license of and suspend or refuse all
department services to a person licensed under this chapter if the department finds that the
licensee has:
(a) provided false information when making an application for a license;
(b) failed to comply with this chapter or rules adopted under this chapter; or
(c) engaged in any willful conduct that is detrimental to a producer.
(2) If a license is revoked pursuant to a hearing and the decision is final, or an
injunction is imposed by a civil court, the department shall, by publication in a newspaper of
[
a
] general circulation in the area, notify producers of livestock in the area in which the
licensee operated that the license has been revoked or a department action has been taken.
Section 85. Section 
4-7-204
, which is renumbered from Section 4-7-13.5 is
renumbered and amended to read:
[
4-7-13.5
].
 4-7-204.
Suspension of license -- Opportunity for hearing.
(1) [
A license may be suspended
] 
The department may suspend a license
 immediately
if:
(a) an emergency exists [
which
] 
that
 presents a clear and present danger to the public
health;
(b) an inspection or sampling is refused; or
(c) the licensee's bond has been revoked or cancelled.
(2) The department shall immediately notify the person of the suspension in writing
and provide an opportunity for hearing without delay.
Section 86. Section 
4-7-205
, which is renumbered from Section 4-7-14 is renumbered
and amended to read:
[
4-7-14
].
 4-7-205.
Prohibited acts.
(1) A person licensed under this chapter may not:
(a) make false charges incident to the sale of livestock;
(b) [
wilfully
] 
willfully
 fail to comply with the requirements of Section [
4-7-9
 or
4-7-10
] 
4-7-109
 or 
4-7-110
;
(c) fail to file a schedule of commissions and charges;
(d) reconsign livestock without the consent of the producer-consignor for the purpose
of charging more than one commission;
(e) make any false statement to the detriment of the producer regarding current market
conditions for livestock or about the condition or quantity of the livestock consigned for the
account of the producer;
(f) engage in fraud or misrepresentation in the procurement or attempted procurement
of a license; or
(g) act as a dealer or agent and, with intent to defraud, make, draw, utter, or deliver any
check, draft, or order for the payment of money from any bank or other depository to the owner
for the purchase price of livestock, when at the time of the making, drawing, uttering, or
delivery the maker or drawer does not have sufficient funds in or credit with the bank or other
depository for the payment of the check, draft, or order in full upon its presentation.
(2) (a) The making, drawing, uttering, or delivery of a check, draft, or order in the
circumstances specified in this section shall be evidence of an intent to defraud.
(b) As used in this section, "credit" means an arrangement or understanding with the
bank or depository for the payment of the check, draft, or order.
Section 87. Section 
4-8-101
, which is renumbered from Section 4-8-1 is renumbered
and amended to read:
CHAPTER 8. AGRICULTURAL FAIR TRADE ACT
[
4-8-1
].
 4-8-101.
Title.
This chapter [
shall be known and may be cited
] 
is known
 as the "Agricultural Fair
Trade Act."
Section 88. Section 
4-8-102
, which is renumbered from Section 4-8-2 is renumbered
and amended to read:
[
4-8-2
].
 4-8-102.
Purpose declaration.
(1)
 The Legislature finds and declares that in order to preserve the agricultural industry
of this state it is necessary to protect and improve the economic status of persons engaged in
the production of products of agriculture. [
To effectuate this policy
]
(2) To carry out the policy described in Subsection (1)
, the Legislature determines it
necessary to regulate the production and marketing of such products and to prohibit unfair and
injurious trade practices. [
To that end this
]
(3) This
 chapter shall be liberally construed.
Section 89. Section 
4-8-103
, which is renumbered from Section 4-8-3 is renumbered
and amended to read:
[
4-8-3
].
 4-8-103.
Definition.
As used in this chapter, "products of agriculture" [
mean
] 
means
 any product useful to
the human species [
which
] 
that
 results from the application of the science and art of the
production of plants
, minerals,
 and animals.
Section 90. Section 
4-8-104
, which is renumbered from Section 4-8-4 is renumbered
and amended to read:
[
4-8-4
].
 4-8-104.
Department functions, powers, and duties.
The department [
has and
] shall exercise the following functions, powers, and duties, in
addition to those specified in Chapter 1, Short Title and General Provisions:
(1) 
perform
 general supervision over the marketing, sale, trade, advertising, storage,
and transportation practices, used in buying and selling products of agriculture in Utah;
(2) conduct and publish surveys and statistical analyses with [
its
] 
the department's
 own
resources or with the resources of others through contract, regarding
:
(a)
 the cost of production for products of agriculture, including transportation,
processing, storage, advertising, and marketing costs; [
regarding
]
(b)
 market locations, demands, and prices for such products; and [
regarding
]
(c)
 market forecasts;
(3) assist and encourage producers of products of agriculture in controlling current and
prospective production and market deliveries in order to stabilize product prices at prices
[
which
] 
that
 assure reasonable profits for producers and at the same time ensure adequate
market supplies; [
and
]
(4) actively solicit input from the public and from interested groups or associations,
through public hearings or otherwise, to assist in making fair determinations with respect to the
production, marketing, and consumption of products of agriculture[
.
]
;
 (5) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, in regard to "Utah's Own," a program dedicated to the promotion of locally
produced products of agriculture. 
Section 91. Section 
4-8-105
, which is renumbered from Section 4-8-5 is renumbered
and amended to read:
[
4-8-5
].
 4-8-105.
Unlawful acts specified.
[
It is unlawful for any
] 
A
 person engaged in the production, processing, handling,
marketing, sale or distribution of products of agriculture [
to
] 
may not
:
(1) discriminate in price between two or more producers with respect to products of
agriculture of like grade and quality;
(2) use any brand, label, container, or designation on products of agriculture not
authorized by the department;
(3) promote or advertise the price of any product of agriculture [
which
] 
that
 is required
to be graded without displaying the grade of such product with prominence equal to that of the
price; or
(4) make or permit the use of any false or misleading statement on any label or stencil
affixed to a container or package containing products of agriculture or in any promotion or
advertisement of such products.
Section 92. Section 
4-8-106
, which is renumbered from Section 4-8-6 is renumbered
and amended to read:
[
4-8-6
].
 4-8-106.
Procedure for enforcement -- Notice of agency action --
Cease and desist order -- Enforcement -- Judicial review.
(1) (a) Whenever the department has reason to believe that a person has, or is
,
 engaged
in[
,
] the violation of this chapter, it shall issue a notice of agency action.
(b) If the commissioner, or a hearing officer designated by the commissioner,
determines by a preponderance of the evidence that any person named in the complaint has
engaged, or is engaging, in an act that violates this chapter, the officer shall:
(i) prepare written findings of fact; and
(ii) issue an order requiring the person to cease and desist from the illegal activity.
(2) The department may petition any court of competent jurisdiction for enforcement of
its cease and desist order.
(3) Any person who is subject to a cease and desist order may obtain judicial review.
(4) The attorney general's office shall represent the department in any original action or
appeal begun under this section.
Section 93. Section 
4-8-107
, which is renumbered from Section 4-8-7 is renumbered
and amended to read:
[
4-8-7
].
 4-8-107.
Defense to claim of illegal activity.
No person who acts in compliance with any rule adopted under authority of this chapter
shall be considered to be engaged in any illegal conspiracy or combination in restraint of trade
or to be acting in furtherance of any illegal purpose.
Section 94. Section 
4-9-101
 is enacted to read:
CHAPTER 9. WEIGHTS AND MEASURES
 4-9-101.
Title.
This chapter is known as "Weights and Measures."
Section 95. Section 
4-9-102
, which is renumbered from Section 4-9-1 is renumbered
and amended to read:
[
4-9-1
].
 4-9-102.
Definitions.
As used in this chapter:
(1) "Correct"[
, when used in connection with weights and measures,
] means
conformance to applicable requirements of this chapter.
(2) "Package" means a commodity put up or packaged before sale in either wholesale
or retail saleunits.
(3) "Primary standards" [
mean
] 
means
 the physical standards of the state, described in
Section [
4-9-4
] 
4-9-105
, which are the legal reference from which all other standards and
weights and measures are derived.
(4) "Sale from bulk" means the sale of commodities, when the quantity is determined
at the time of sale.
(5) "Secondary standards" means a physical standard which is traceable to primary
standards through comparisons, using acceptable laboratory procedures.
(6) "Weighing and measuring" means the use of weights and measures.
(7) "Weight" means net weight, unless the label declares that the product is sold by
drained weight, in which case[
,
] "weight" means net drained weight.
(8) "Weights and measures" means [
weights and measures, and
] 
the
 instruments or
devices used for weighing or measuring, including an appliance or accessory associated with
the instrument or device.
(9) "Weights and measures registration" means the issuance of a certificate by the
commissioner to a weights and measures user.
(10) "Weights and measures user" means a person who uses weights and measures in
trade or commerce.
Section 96. Section 
4-9-103
, which is renumbered from Section 4-9-2 is renumbered
and amended to read:
[
4-9-2
].
 4-9-103.
Authority to make rules.
The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to make and enforce [
such
] rules [
as in its judgment are
] necessary to
administer and enforce this chapter.
Section 97. Section 
4-9-104
, which is renumbered from Section 4-9-3 is renumbered
and amended to read:
[
4-9-3
].
 4-9-104.
Weights and measures -- Systems used -- Basic units,
tables, and equivalents as published by National Institute of Standards and Technology.
(1) The department shall use
:
(a)
 the same system of weights and measures that is customarily used in the United
States[
,
]
;
 and
(b)
 the metric system of weights and measures.
(2) Either system 
under Subsection (1)
 may be used for commercial purposes in the
state.
(3) The definitions of basic units of weight and measure, the tables of weight and
measure, and the weights and measures equivalents published by the National Institute of
Standards and Technology[
,
] shall determine the weights and measures systems used within the
state.
Section 98. Section 
4-9-105
, which is renumbered from Section 4-9-4 is renumbered
and amended to read:
[
4-9-4
].
 4-9-105.
Weights and measures -- Primary state standards --
Secondary state standards -- Verification.
(1) Weights and measures that are traceable to the United States prototype standards
supplied by the federal government, or approved as being satisfactory by the National Institute
of Standards and Technology, shall be the state primary standards, and shall be maintained in
the calibration prescribed by the National Institute of Standards and Technology.
(2) Secondary standards may be prescribed by the department and shall be verified
upon their initial receipt, and as often after initial receipt as is considered necessary by the
department.
Section 99. Section 
4-9-106
, which is renumbered from Section 4-9-5 is renumbered
and amended to read:
[
4-9-5
].
 4-9-106.
Weights and measures -- Specifications, tolerances, and
technical data published in National Institute of Standards and Technology Handbook
govern.
Unless modified by the department, Handbook 44, Specifications, Tolerances, and
Other Technical Requirements for Weighing and Measuring Devices, National Institute of
Standards and Technology, adopted by the National Conference on Weights and Measures,
including supplements or revisions to Handbook 44, shall determine the specifications,
tolerances, and other technical requirements for devices used for:
(1) commercial weighing and measuring;
(2) law enforcement;
(3) data gathering; and
(4) other weighing and measuring purposes.
Section 100. Section 
4-9-107
, which is renumbered from Section 4-9-5.2 is
renumbered and amended to read:
[
4-9-5.2
].
 4-9-107.
Adopting uniform packaging and labeling regulation.
Unless modified by the department, the Uniform Packaging and Labeling Regulation,
adopted by the National Conference on Weights and Measures in Handbook 130, Uniform
Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality, National
Institute of Standards and Technology, shall apply to packaging and labeling in the state.
Section 101. Section 
4-9-108
, which is renumbered from Section 4-9-5.3 is
renumbered and amended to read:
[
4-9-5.3
].
 4-9-108.
Adopting uniform regulation for the method of sale of
commodities.
Unless modified by the department, the Uniform Regulation for the Method of Sale of
Commodities, adopted by the National Conference on Weights and Measures, in Handbook
130, Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality,
National Institute of Standards and Technology, shall apply to the method of sale of
commodities in the state.
Section 102. Section 
4-9-109
, which is renumbered from Section 4-9-5.4 is
renumbered and amended to read:
[
4-9-5.4
].
 4-9-109.
Adopting uniform regulation for the voluntary registration
of servicepersons and service agencies for commercial weighing and measuring devices.
Unless modified by the department, the Uniform Regulation for the Voluntary
Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring
Devices, adopted by the National Conference on Weights and Measures in Handbook 130,
Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality,
National Institute of Standards and Technology, shall apply to the registration of servicepersons
and service agencies in the state.
Section 103. Section 
4-9-110
, which is renumbered from Section 4-9-6 is renumbered
and amended to read:
[
4-9-6
].
 4-9-110.
Department duties -- Seizure of incorrect weights and
measures.
(1) The department may:
(a) establish weights and measures standards, specifications, and tolerances for:
(i) all commodities;
(ii) the fill for any commodity contained in a package;
(iii) labels or labeling of a commodity; and
(iv) weights and measures used commercially;
(b) inspect and test weights and measures kept, offered, or exposed for sale to
determine if they are correct;
(c) inspect and test weights and measures commercially used to determine if they are
correct;
(d) test all weights and measures used to check the receipt or disbursement of supplies
used by a state agency or institution funded by the state;
(e) in accordance with sampling procedures recognized and designated in Handbook
133, Checking the Net Contents of Packaged Goods, National Institute of Standards and
Technology, inspect and test any packaged commodity kept, offered, or exposed for sale, sold,
or in the process of delivery, to determine if the package contains the amount represented;
(f) determine the appropriate term or unit of weight or measure to be used for container
sizes, if the department determines that an existing practice of declaring the quantity by weight,
measure, count, or any combination of these practices, hinders value comparisons by
consumers;
(g) approve correct weights and measures and reject and mark as "rejected," weights
and measures that are incorrect;
(h) allow reasonable variations from a stated weight or measure caused by loss or gain
due to:
(i) moisture during the course of acceptable distribution practices; or
(ii) unavoidable deviations in acceptable manufacturing practices;
(i) grant an exemption from the requirements of this chapter or from any rule
promulgated under this chapter, when the department determines that the exemption is
necessary for the maintenance of acceptable commercial practices;
(j) maintain on file, for public inspection, a copy of each handbook prepared by the
National Institute of Standards and Technology [
which
] 
that
 is used to enforce this chapter; and
(k) establish and charge fees as authorized under Subsection [
4-2-2
] 
4-2-103
(2) for the
inspection of weights and measures.
(2) The department may seize weights and measures that are:
(a) incorrect and are not corrected within a reasonable time specified by the
department; or
(b) used or disposed of in a manner not authorized by the department.
Section 104. Section 
4-9-111
, which is renumbered from Section 4-9-7 is renumbered
and amended to read:
[
4-9-7
].
 4-9-111.
Enforcement powers of department.
(1) For the purpose of enforcing this chapter, the department may:
(a) enter any commercial premises [
open to the public
] during normal working hours
after the presentation of credentials;
(b) issue in writing a "stop-use, hold, or removal order" with respect to any weights or
measures commercially used or a "stop sale, use, or removal order" with respect to any
packaged commodity or bulk commodity offered for sale;
(c) seize as evidence, without formal warrant, any incorrect or unapproved weight,
measure, package, or commodity offered for sale or sold in violation of this chapter;
(d) (i) seek an order of seizure or condemnation of any weight, measure, package, or
sale from bulk that violates this chapter; or
(ii) upon proper grounds, obtain a temporary restraining order or permanent injunction
to prevent a violation of this chapter; and
(e) stop any commercial vehicle and after presenting credentials:
(i) inspect its contents;
(ii) require the person in charge of the vehicle to produce any documents in his
possession concerning the contents; or
(iii) require the person 
in charge of the vehicle
 to proceed with the vehicle to some
specified place for inspection.
(2) If an order has been issued under Subsection (1)(b), the weights, measures, or
commodities subject to the order may not be used, moved, or offered for sale until the
department issues a written release.
(3) [
No
] 
A
 bond [
shall
] 
may not
 be required of the department in any injunctive
proceeding brought under this section.
Section 105. Section 
4-9-112
, which is renumbered from Section 4-9-8 is renumbered
and amended to read:
[
4-9-8
].
 4-9-112.
Sale of commodities in liquid form -- Sale of commodities
in nonliquid form -- Requirements.
(1)
 Commodities in liquid form shall be sold by liquid measure or by weight.
(2)
 Commodities not in liquid form shall be sold only by weight, measure, or by count,
[
so
] 
as
 long as the method of sale provides accurate quantity information.
Section 106. Section 
4-9-113
, which is renumbered from Section 4-9-9 is renumbered
and amended to read:
[
4-9-9
].
 4-9-113.
Bulk sales -- Information furnished to purchaser.
Whenever the quantity is determined solely by the seller, in the absence of the buyer, all
bulk sales of heating fuel and other bulk sales as determined by the department shall be
accompanied by a delivery ticket containing the following information:
(1) the name and address of the vendor and purchaser;
(2) the date delivered;
(3) the quantity delivered and the quantity upon which the price is based, if different
from the delivered quantity;
(4) a description of the bulk material sold, including any quality representation made in
connection with the sale; and
(5) the number of individually wrapped packages.
Section 107. Section 
4-9-114
, which is renumbered from Section 4-9-10 is renumbered
and amended to read:
[
4-9-10
].
 4-9-114.
Packaged commodity sales -- Labeling information
specified -- When price per single unit of weight to be displayed.
(1) Any packaged commodity offered for sale shall bear on the outside of the package a
definite, plain, and conspicuous declaration of:
(a) the identity of the commodity in the package, unless the same can easily be
identified through the wrapper or container;
(b) the quantity of contents in terms of weight, measure, or count; and
(c) the name and place of business of the manufacturer, packer, or distributor, if the
packaged commodity is offered for sale, or sold other than on the premises where packaged.
(2) Any package [
which
] 
that
 is one of a lot containing random weights of the same
commodity and bearing the total sales price of the package shall, in addition to compliance
with Subsection (1) [
of this section
], bear on the outside of the package a definite, plain, and
conspicuous declaration of the price per single unit of weight.
Section 108. Section 
4-9-115
, which is renumbered from Section 4-9-11 is renumbered
and amended to read:
[
4-9-11
].
 4-9-115.
Advertisement of packaged commodity sales --
Requirements.
(1)
 An advertisement [
which
] 
that
 promotes a packaged commodity with the retail
price stated shall plainly and conspicuously advertise the quantity required to appear on the
package.
(2)
 If a dual quantity declaration is required by law, only the declaration that sets forth
the quantity in terms of the smaller unit of weight or measure [
need
] 
shall
 appear in the
advertisement.
Section 109. Section 
4-9-116
, which is renumbered from Section 4-9-12 is renumbered
and amended to read:
[
4-9-12
].
 4-9-116.
Unlawful acts specified.
A person may not:
(1) sell, offer, or present for sale a commodity whose weight and measure is less than
the weight and measure represented as being sold, offered, or exposed for sale;
(2) misrepresent the price of a commodity sold, advertised, exposed, or offered for sale
by weight, measure, or count, or [
to
] represent the price in a manner that misleads or deceives a
person;
(3) use or possess an incorrect weight or measure in commerce;
(4) remove a tag, seal, or mark from a weight or measure without specific written
authorization from the department;
(5) hinder or obstruct an agent of the department dealing with weights and measures in
the performance of the agent's duties; or
(6) operate weights and measures in trade or commerce for the purpose of determining
the weight or measure of a commodity without a valid weights and measures registration issued
by the department.
Section 110. Section 
4-9-117
, which is renumbered from Section 4-9-13 is renumbered
and amended to read:
[
4-9-13
].
 4-9-117.
Weighing and measuring devices -- Presumption.
If a weighing or measuring device is in a place where buying or selling is commonly
carried on, there is a rebuttable presumption that the weighing or measuring device is regularly
used for the business purposes of that place.
Section 111. Section 
4-9-118
, which is renumbered from Section 4-9-15 is renumbered
and amended to read:
[
4-9-15
].
 4-9-118.
Registration of commercial establishments using weights
and measures -- Approved weights and measures inspectors -- Application -- Fee --
Expiration -- Renewal.
(1) (a) Pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall establish rules providing for the registration of weights and measures users
and issuance of certification of weights and measures devices to ensure the use of correct
weights and measures in commerce or trade.
(b) The division may:
(i) determine whether weights and measures are correct through:
(A) inspection and testing by 
a
 department [
employees
] 
employee
; or
(B) acceptance of an inspection and testing report prepared by a registered weights and
measures service person;
(ii) establish standards and qualifications for 
a
 registered weights and measures service
[
persons
] 
person
; and
(iii) determine the form and content of an inspection and testing report.
(c) A weights and measures user shall register with the department.
(d) [
Prior to
] 
Before
 granting a registration to a weights and measures user, the
department shall determine whether the weights and measures user complies with the rules
established under Subsection (1)(a).
(e) An applicant shall register with the department[
,
] in writing, using forms required
by the department.
(f) The department shall issue a registration to an applicant[
,
] if the department
determines that the applicant meets the qualifications of registration established under
Subsection (1)(a).
(g) If the applicant does not meet the qualifications of registration, the department shall
notify the applicant, in writing, that the applicant's registration is denied.
(h) (i) If an applicant submits an incomplete application, a written notice of conditional
denial of registration shall be provided to [
an
] 
the
 applicant.
(ii) The applicant shall correct the deficiencies within the time period specified in the
notice to receive a registration.
(i) (i) The department may, as provided under Subsection [
4-2-2
] 
4-2-103
(2), charge
the weights and measures user a registration fee.
(ii) The department shall retain the fees as dedicated credits and shall use the fees to
administer the registration of weights and measures users.
(2) (a) A registration[
,
] issued under this section[
,
] shall be valid from the date the
department issues the registration[
,
] to December 31 of the year the registration is issued.
(b) A registration may be renewed for the following year by applying for renewal by
December 31 of the year the registration expires.
(3) A registration[
,
] issued under this section[
,
] shall specify:
(a) the name and address of the weights and measures user;
(b) the registration issuance and expiration date; and
(c) the number and type of weights and measures devices to be certified.
(4) (a) The department may immediately suspend a registration[
,
] issued under this
section[
,
] if any of the requirements of Section [
4-9-12
] 
4-9-116
 are violated.
(b) (i) The holder of a registration suspended under Subsection (4)(a) may apply for the
reinstatement of a registration.
(ii) If the department determines that all requirements under Section [
4-9-12
] 
4-9-116
are being met, the department shall reinstate the registration.
(5) (a) A weights and measures user[
,
] registered under this section[
,
] shall allow the
department access to the weights and measures user's place of business to determine if the
weights and measures user is complying with the registration requirements.
(b) If a weights and measures user denies access for an inspection required under
Subsection (5)(a), the department may suspend the weights and measures user's registration
until the department is allowed access to the weights and measures user's place of business.
Section 112. Section 
4-10-101
, which is renumbered from Section 4-10-1 is
renumbered and amended to read:
CHAPTER 10. BEDDING, UPHOLSTERED FURNITURE, AND
 QUILTED CLOTHING INSPECTION ACT
[
4-10-1
].
 4-10-101.
Title.
This chapter [
shall be
] 
is
 known [
and may be cited
] as the "Bedding, Upholstered
Furniture, and Quilted Clothing Inspection Act."
Section 113. Section 
4-10-102
, which is renumbered from Section 4-10-2 is
renumbered and amended to read:
[
4-10-2
].
 4-10-102.
Definitions.
As used in this chapter:
(1) "Article" means a bedding, upholstered furniture, quilted clothing, or filling
material.
(2) "Bedding" means a:
(a) quilted, packing, mattress, or hammock pad; or
(b) mattress, boxspring, comforter, quilt, sleeping bag, studio couch, pillow, or cushion
made with a filling material that can be used for sleeping or reclining.
(3) "Consumer" means a person who purchases, rents, or leases an article for the
article's intended, everyday use.
(4) "Filling material" means cotton, wool, kapok, feathers, down, shoddy, hair, or other
material, or a combination of materials, whether loose or in bags, bales, batting, pads, or other
prefabricated form that is, or can be, used in bedding, upholstered furniture, or quilted clothing.
(5) "Label" means the display of written, printed, or graphic matter upon a tag or upon
the immediate container of a bedding, upholstered furniture, quilted clothing, or filling
material.
(6) (a) "Manufacture" means to make, process, or prepare from new or secondhand
material, in whole or in part, a bedding, upholstered furniture, quilted clothing, or filling
material for sale.
(b) "Manufacture" does not include making, processing, or preparing an article
described in Subsection (6)(a) if:
(i) a person sells three or fewer of the articles per year; and
(ii) the articles are sold by persons who are not primarily engaged in the making,
processing, or preparation of the articles.
(7) (a) "New material" means material that has not previously been used in the
manufacture of another article used for any purpose.
(b) "New material" includes by-products from a textile mill using only new raw
material synthesized from a product that has been melted, liquified, and re-extruded.
(8) "Owner's own material" means an article owned or in the possession of a person for
the person's own or a tenant's use that is sent to another person for manufacture or repair.
(9) "Quilted clothing" means a filled garment or apparel, exclusive of trim used for
aesthetic effect, or a stiffener, shoulder pad, interfacing, or other material that is made in whole
or in part from filling material and sold or offered for sale.
(10) "Repair" means to restore, recover, alter, or renew bedding or upholstered
furniture for a consideration.
(11) "Retailer" means a person who sells bedding, upholstered furniture, quilted
clothing, or filling material to a consumer for use primarily for personal, family, household, or
business purposes.
(12) (a) "Sale" or "sell" means to offer or expose for sale, barter, trade, deliver,
consign, lease, or give away any bedding, upholstered furniture, quilted clothing, or filling
material.
(b) "Sale" or "sell" does not include a judicial, executor's, administrator's, or guardian's
sale of an item described in Subsection (12)(a).
(13) "Secondhand" means an article or filling material, or portion of an article or filling
material, that has previously been used.
(14) "Sterilize" means to disinfect, decontaminate, sanitize, cleanse, or purify as
required by Section [
4-10-14
] 
4-10-113
.
(15) "Tag" means a card, flap, or strip attached to an article for the purpose of
displaying information required by this chapter or under rule made pursuant to it.
(16) (a) "Used" means an article that has been sold to a consumer and has left the store.
(b) "Used" does not include an article returned to the store:
(i) with its original tags; and
(ii) in its original packaging.
(17) "Upholstered furniture" means portable or fixed furniture, except fixed seats in
motor vehicles, boats, or aircraft, that is made in whole or in part with filling material,
exclusive of trim used for aesthetic effect.
(18) "Wholesaler" means a person who offers an article for resale to a retailer or
institution rather than a final consumer.
Section 114. Section 
4-10-103
, which is renumbered from Section 4-10-3 is
renumbered and amended to read:
[
4-10-3
].
 4-10-103.
Authority to make and enforce rules.
The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to make and enforce [
such
] rules [
as in its judgment are necessary
] to
administer and enforce this chapter.
Section 115. Section 
4-10-104
, which is renumbered from Section 4-10-4 is
renumbered and amended to read:
[
4-10-4
].
 4-10-104.
Manufacture, repair, or wholesale sale of bedding,
upholstered furniture, quilted clothing, or filling material -- License required.
It is unlawful for any person to engage in the manufacture, repair, or wholesale sale of
any bedding, upholstered furniture, quilted clothing, or filling material without a license issued
by the department.
Section 116. Section 
4-10-105
, which is renumbered from Section 4-10-5 is
renumbered and amended to read:
[
4-10-5
].
 4-10-105.
License -- Application -- Fees -- Expiration -- Renewal.
(1) (a) A person may apply to the department, on forms prescribed and furnished by the
department, for a license to manufacture, repair, sterilize, or engage in the wholesale sale of
bedding, upholstered furniture, quilted clothing, or filling material.
(b) Upon receipt of a proper application and payment of the appropriate license fee, the
commissioner, if satisfied that the convenience and necessity of the industry and the public will
be served, shall issue to the applicant a license to engage in the particular activity through
December 31 of the year in which the license is issued, subject to suspension or revocation for
cause.
(c) A person doing business under more than one name shall be licensed for each name
under which business is conducted.
(2) The annual license fee for each license issued under this chapter shall be
determined by the department pursuant to Subsection [
4-2-2
] 
4-2-103
(2).
(3) Each license issued under this chapter is renewable for a period of one year upon
the payment of the applicable amount for the particular license sought to be renewed on or
before December 31 of each year.
(4) A person who holds a valid manufacturer's license may, upon application, be
licensed as a wholesale dealer without the payment of an additional license fee.
(5) A person who fails to renew a license and engages in conduct requiring a license
under this chapter shall pay the applicable license fee for each year in which the person engages
in conduct requiring a license for which a license is not renewed.
(6) The department may retroactively collect a fee owed under Subsection (5).
Section 117. Section 
4-10-106
, which is renumbered from Section 4-10-6 is
renumbered and amended to read:
[
4-10-6
].
 4-10-106.
Unlawful acts specified.
It is unlawful for any person to:
(1) sell bedding, upholstered furniture, quilted clothing, or filling material as new
unless it is made from new material and properly tagged;
(2) sell bedding, upholstered furniture, quilted clothing or filling material made from
secondhand material which is not properly tagged;
(3) label or sell a used or secondhand article as if it were a new article;
(4) use burlap or other material which has been used for packing or baling, or to use
any unsanitary, filthy, or vermin or insect infected filling material in the manufacture or repair
of any article;
(5) sell bedding, upholstered furniture, quilted clothing or filling material which is not
properly tagged regardless of point of origin;
(6) use any false or misleading statement, term, or designation on any tag;
(7) use any false or misleading label;
(8) sell new bedding, upholstered furniture, or quilted clothing with filling material
made of down, feather, wool, or hair that has not been properly sterilized; or
(9) engage in the manufacture, repair, sterilization, or wholesale sale of bedding,
upholstered furniture, quilted clothing, or filling material without a license as required by this
chapter.
Section 118. Section 
4-10-107
, which is renumbered from Section 4-10-7 is
renumbered and amended to read:
[
4-10-7
].
 4-10-107.
Tagging requirements for bedding, upholstered furniture,
and filling material.
(1) (a) All bedding, upholstered furniture, and filling material shall be securely tagged
by the manufacturer, retailer, or repairer.
(b) Tags shall be at least six square inches and plainly and indelibly labeled with:
(i) information as the department requires by rule;
(ii) according to the filling material type, the words "All New Material," "Secondhand
Material," or "Owner's Material," stamped or printed on the label; and
(iii) the word "USED" stamped or printed on the label of a used mattress.
(c) Each label shall be placed on the article in such a position as to facilitate ease of
examination.
(2) (a) If more than one type of filling material is used in an item, the percentage, by
weight, of each component part shall be listed in order of predominance.
(b) If descriptive statements are made about the frame, cover, or style of the article,
such statements shall, in fact, be true.
(c) All quilted clothing shall be tagged and labeled in conformity with the Federal
Textile Fiber Products Identification Act, 15 U.S.C. Secs. 70 through 70k.
(3) No person, except the purchaser, may remove, deface, or alter a tag attached
according to this chapter.
(4) A used mattress shall be tagged with the word "USED," in accordance with rules
established by the department.
(5) The retailer of a used mattress shall display the mattress so that the "USED" tag is
clearly visible to a customer.
Section 119. Section 
4-10-108
, which is renumbered from Section 4-10-7.3 is
renumbered and amended to read:
[
4-10-7.3
].
 4-10-108.
Seller's representation of a used mattress -- Bedding
records required.
(1) A seller shall represent a mattress tagged "USED" as previously used by a
customer.
(2) The manufacturer, repairer, wholesale dealer, or retailer of a mattress shall keep an
invoice, shipping information, bill of lading, or other record of the mattress at the manufacture,
repair, wholesale, or retail location for a minimum of one year from the day on which the
invoice, shipping information, bill of lading, or other record was created or received.
Section 120. Section 
4-10-109
, which is renumbered from Section 4-10-8 is
renumbered and amended to read:
[
4-10-8
].
 4-10-109.
Use of rubber stamp or stencil authorized -- Conditions
for use.
A rubber stamp or stencil may be used instead of a tag on articles with slip covers if the
article has a smooth backing, or on suitable surfaces of containers or bales of filling material;
provided, the information required by Section [
4-10-7
] 
4-10-107
 is indelible and legible.
Section 121. Section 
4-10-110
, which is renumbered from Section 4-10-9 is
renumbered and amended to read:
[
4-10-9
].
 4-10-110.
Sale of bedding, upholstered furniture, quilted clothing,
or filling material -- Tag, stamp, or stencil required -- Secondhand material to bear tag --
Presumption -- Owner's own material to be tagged.
(1)
 No wholesaler or retailer shall sell any bedding, upholstered furniture, quilted
clothing, or prefabricated filling material, whether the point of origin of such article is inside or
outside the state, unless it is appropriately tagged under Section [
4-10-7
] 
4-10-107
, or unless it
is appropriately stamped or stenciled under Section [
4-10-7
 or 
4-10-8
] 
4-10-107
 or 
4-10-109
.
(2) (a)
 A retailer who sells used articles shall attach a secondhand material tag before
sale.
(b)
 Possession of an article by a person who regularly engages in the manufacture,
repair, wholesale, or supply of such articles is presumptive evidence of intent to sell.
(3) (a)
 A person who repairs "owner's own material" shall immediately upon its receipt
attach an owner's material tag to the article.
(b)
 The tag shall remain attached to the article until it is actually in the process of
repair and shall be reattached upon completion of repair.
Section 122. Section 
4-10-111
, which is renumbered from Section 4-10-10 is
renumbered and amended to read:
[
4-10-10
].
 4-10-111.
Enforcement -- Inspection authorized -- Samples --
Reimbursement for samples -- Warrants.
(1) (a) The department may access public and private premises where articles subject to
this chapter are manufactured, repaired, stored, or sold for the purpose of determining
compliance with this chapter.
(b) For purposes of determining compliance, the department may:
(i) open any upholstered furniture, bedding, or quilted clothing to obtain a sample for
inspection and analysis of filling material; or
(ii) if considered appropriate by the department, take the entire article for inspection
and analysis.
(c) Upon request, the department shall reimburse the owner or person from whom a
sample or article is taken in accordance with this Subsection (1) for the actual cost of the
sample or article.
(2) Upon request, the department may review and copy any of the records required
under Subsection [
4-10-7.3
] 
4-10-108
(2).
(3) The department may proceed immediately, if admittance is refused or a record is
denied, to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow
entry upon the premises for the purpose of making inspections and taking samples or articles.
Section 123. Section 
4-10-112
, which is renumbered from Section 4-10-11 is
renumbered and amended to read:
[
4-10-11
].
 4-10-112.
Stop sale, use, or removal order authorized -- Conditions
for release specified -- Condemnation or seizure -- Procedure specified -- Award of costs
authorized.
(1) 
(a)
 The department may issue a "stop sale, use, or removal order" to any
manufacturer, repairer, wholesaler, or retailer of any designated article or articles which it finds
or has reason to believe violates this chapter.
(b)
 The order shall be in writing and no article subject to it shall be removed, offered,
or exposed for sale, except upon subsequent written release by the department.
(c)
 Before a release is issued, the department may require the manufacturer, repairer,
wholesaler, or retailer of the "stopped" article to pay the expense incurred by the department in
connection with the withdrawal of the article from the market.
(2) 
(a)
 The department is authorized in a court of competent jurisdiction to seek an
order of seizure or condemnation of any article which violates this chapter or, upon proper
grounds, to obtain a temporary restraining order or permanent injunction to prevent violation of
this chapter.
(b)
 No bond shall be required of the department in an injunctive proceeding brought
under this section.
(3) [
If
] 
(a) Except as provided in Subsection (3)(b), if
 condemnation is ordered, the
article shall be disposed of as the court directs[
; provided, that in no event shall it
]
.
(b) The court may not
 order condemnation without giving the claimant of the article an
opportunity to apply to the court for permission to bring the article into conformance, or for
permission to remove it from the state.
(4) If the court orders condemnation, court costs, fees, storage, and other costs shall be
awarded against the claimant of the article.
Section 124. Section 
4-10-113
, which is renumbered from Section 4-10-14 is
renumbered and amended to read:
[
4-10-14
].
 4-10-113.
Sterilization of filling material.
(1) A person shall sterilize all wool, feathers, down, shoddy, hair, or other material
before the material is used as filling material in new bedding, upholstered furniture, or quilted
clothing.
(2) The department shall, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, make rules governing the appropriate method by which a
person may sterilize wool, feathers, down, shoddy, hair, or other material for use in filling
material, as required by Subsection (1).
Section 125. Section 
4-11-101
, which is renumbered from Section 4-11-1 is
renumbered and amended to read:
CHAPTER 11. UTAH BEE INSPECTION ACT
[
4-11-1
].
 4-11-101.
Title.
This chapter [
shall be
] 
is
 known [
and may be cited
] as the "Utah Bee Inspection Act."
Section 126. Section 
4-11-102
, which is renumbered from Section 4-11-2 is
renumbered and amended to read:
[
4-11-2
].
 4-11-102.
Definitions.
As used in this chapter:
(1) "Abandoned apiary" means any apiary[
: (a)
] to which the owner or operator fails to
give reasonable and adequate attention during a given year[
, with the result that the welfare of a
neighboring colony is jeopardized; or (b) that is not properly identified in accordance with this
chapter.
] 
as determined by the department.
(2) "Apiary" means any place where one or more colonies of bees are located.
(3) "Apiary equipment" means hives, supers, frames, veils, gloves, or other equipment
used to handle or manipulate bees, honey, wax, or hives.
(4) "Appliance" means any apparatus, tool, machine, or other device used to handle or
manipulate bees, wax, honey, or hives.
(5) "Bee" means the common honey bee, Apis mellifera, at any stage of development.
(6) (a) "Beekeeper" means a person who keeps bees [
in order to: (i) collect honey and
beeswax; (ii) pollinate crops; or (iii) produce bees for sale to other beekeepers.
]
.
(b) "Beekeeper" includes an [
apiarists
] 
apiarist
.
(7) "Colony" means an aggregation of bees in any type of hive that includes queens,
workers, drones, or brood.
(8) "Disease" means any infectious or contagious disease affecting bees, as specified by
the department, including American foulbrood.
(9) "Hive" means a frame hive, box hive, box, barrel, log, gum skep, or other artificial
or natural receptacle that may be used to house bees.
(10) "Package" means any number of bees in a bee-tight container, with or without a
queen, and without comb.
(11) "Parasite" means an organism that parasitizes any developmental stage of a bee.
(12) "Pest" means an organism that:
(a) inflicts damage to a bee or bee colony directly or indirectly; or
(b) may damage apiary equipment in a manner that is likely to have an adverse affect
on the health of the colony or an adjacent colony.
(13) "Raise" means:
(a) to hold a colony of bees in a hive for the purpose of pollination, honey production,
or
 study, or 
a
 similar purpose; and
(b) when the person holding a colony[
,
] holds the colony or a package of bees in the
state for a period of time exceeding 30 days.
(14) "Terminal disease" means a pest, parasite, or pathogen that will kill an occupant
colony or subsequent colony on the same equipment.
Section 127. Section 
4-11-103
, which is renumbered from Section 4-11-3 is
renumbered and amended to read:
[
4-11-3
].
 4-11-103.
Department authorized to make and enforce rules.
(1)
 The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to make and enforce [
such
] rules [
as it considers
] necessary for the
administration and enforcement of this chapter. [
Such rules
]
(2) The rules described in Subsection (1)
 shall include provisions for the identification
of each apiary within the state.
Section 128. Section 
4-11-104
, which is renumbered from Section 4-11-4 is
renumbered and amended to read:
[
4-11-4
].
 4-11-104.
Bee raising -- Registration required -- Application -- Fees
-- Renewal -- License required -- Application -- Fees -- Renewal.
(1) [
(a)
] A person may not raise bees in this state without being registered with the
department.
[
(b)
] 
(2)
 Application for registration to raise bees shall be made to the department upon
tangible or electronic forms prescribed and furnished by the department, within 30 days after
the person:
[
(i)
] 
(a)
 takes possession of the bees; or
[
(ii)
] 
(b)
 moves the bees into the state.
[
(c)
] 
(3)
 Nothing in Subsection [
(1)(b)
] 
(2)
 limits the requirements of Section [
4-11-11
]
4-11-111
.
[
(d)
] 
(4)
 An application in accordance with this chapter shall specify:
[
(i)
] 
(a)
 the name and address of the applicant;
[
(ii)
] 
(b)
 the number of bee colonies owned by the applicant at the time of the
application that will be present in the state for a period exceeding 30 days; and
[
(iii)
] 
(c)
 any other relevant information the department considers appropriate.
[
(e)
] 
(5)
 Upon receipt of a proper application and payment of an annual registration fee
determined by the department pursuant to Subsection [
4-2-2
] 
4-2-103
(2), the commissioner
shall issue a registration to the applicant valid through December 31 of the year in which the
registration is issued, subject to suspension or revocation for cause.
[
(f)
] 
(6)
 A bee registration is renewable for a period of one year upon the payment of
an annual registration renewal fee as determined by the department pursuant to Subsection
[
4-2-2
] 
4-2-103
(2).
[
(g)
] 
(7)
 Registration shall be renewed on or before December 31 of each year.
[
(2) (a) A person may not operate a wax-salvage plant without a license issued by the
department.
]
[
(b) Application for a license to operate a wax-salvage plant shall be made to the
department upon tangible or electronic forms prescribed and furnished by the department.
]
[
(c) The application shall specify such information as the department considers
appropriate.
]
[
(d) Upon receipt of a proper application and payment of a license fee as determined by
the department pursuant to Subsection 
4-2-2
(2), the commissioner, if satisfied that the
convenience and necessity of the industry and the public will be served, shall issue a license
entitling the applicant to operate a wax-salvage plant through December 31 of the year in
which the license is issued, subject to suspension or revocation for cause.
]
[
(e) A wax-salvage license is renewable for a period of one year, on or before
December 31 of each year, upon the payment of an annual license renewal fee as determined by
the department pursuant to Subsection 
4-2-2
(2).
]
Section 129. Section 
4-11-105
, which is renumbered from Section 4-11-5 is
renumbered and amended to read:
[
4-11-5
].
 4-11-105.
County bee inspector -- Appointment -- Termination --
Compensation.
(1) The county executive upon the petition of five or more persons who raise bees
within the respective county shall, with the approval of the commissioner, appoint a qualified
person to act as a bee inspector within the county.
(2) A county bee inspector shall be employed at the pleasure of the county executive
and the commissioner[
,
] and is subject to termination of employment, with or without cause, at
the instance of either.
(3) Compensation for the county bee inspector shall be fixed by the county legislative
body.
(4) To be appointed a county bee inspector, a person shall demonstrate adequate
training and knowledge related to this chapter, bee diseases, and pests.
(5) A record concerning bee inspection shall be kept by the county executive or
commissioner.
(6) The county executive and the commissioner shall investigate a formal, written
complaint against a county bee inspector.
[
(7) The department may authorize an inspection if:
]
[
(a) a county bee inspector is not appointed; or
]
[
(b) a conflict of interest arises with a county bee inspector.
]
Section 130. Section 
4-11-106
, which is renumbered from Section 4-11-6 is
renumbered and amended to read:
[
4-11-6
].
 4-11-106.
Hives to have removable frames -- Consent of county bee
inspector to sell or transport diseased bees.
(1) A person may not house or keep bees in a hive unless [
it
] 
the hive
 is equipped with
movable frames to all [
its
] 
the hive's
 parts so that access to the hive can be had without
difficulty.
(2) No person who owns or has possession of bees (whether queens or workers) with
knowledge that they are infected with terminal disease, parasites, or pests, or with knowledge
that they have been exposed to terminal disease, parasites, or pests, shall sell, barter, give away,
or move the bees, colonies, or apiary equipment without the consent of the county bee
inspector or the department.
Section 131. Section 
4-11-107
, which is renumbered from Section 4-11-7 is
renumbered and amended to read:
[
4-11-7
].
 4-11-107.
Inspector -- Duties -- Diseased apiaries -- Examination of
diseased bees by department -- Election to transport bees to wax-salvage plant.
(1) The county bee inspector or the department may inspect
:
(a)
 all apiaries within the county at least once each year
;
 and[
, also, inspect
]
(b)
 immediately any apiary within the county that is alleged in a [
written
] complaint to
be severely diseased, parasitized, or abandoned.
(2) If, upon inspection, the inspector determines that an apiary is diseased or
parasitized, the inspector [
shall
] 
may
 take the following action based on the severity of the
disease or parasite present:
(a) prescribe the course of treatment that the owner or caretaker of the bees shall follow
to eliminate the disease or parasite;
(b) personally, for the purpose of treatment approved by the department, take control of
the afflicted bees, hives, combs, broods, honey, and equipment; or
(c) destroy the afflicted bees and, if necessary, their hives, combs, broods, honey, and
all appliances that may have become infected.
(3) If, upon reinspection, the inspector determines that the responsible party has not
executed the course of treatment prescribed by Subsection (2), the inspector may take
immediate possession of the afflicted colony for control or destruction in accordance with
Subsection (2)(b) or (c).
(4) (a) The owner of an apiary who is dissatisfied with the diagnosis or course of action
proposed by an inspector under this section may, at the owner's expense, have the department
examine the alleged diseased bees.
(b) The decision of the commissioner with respect to the condition of bees at the time
of the examination is final and conclusive upon the owner and the inspector involved.
[
(5) The owner of a diseased apiary, notwithstanding the provisions of Subsections (2),
(3), and (4), may elect under the direction of the county bee inspector to kill the diseased bees,
seal their hives, and transport them to a licensed wax-salvage plant.
]
Section 132. Section 
4-11-108
, which is renumbered from Section 4-11-8 is
renumbered and amended to read:
[
4-11-8
].
 4-11-108.
County bee inspector -- Disinfection required before
leaving apiary with diseased bees.
(1) Before inspecting the premises of any apiary, an inspector and any assistant of an
inspector shall disinfect any equipment that will be used in the inspection.
[
(1)
] 
(2)
 Before leaving the premises of any apiary [
where disease exists
], the [
county
]
bee inspector, or any assistant, shall thoroughly disinfect any part of the inspector's own person,
clothing, or any appliance that has come in contact with infected material.
[
(2)
] 
(3)
 The method of disinfection required by Subsection [
(1)
] 
(2)
:
(a) may be determined by the department; and
(b) shall be sufficient to destroy disease, parasites, and pathogens encountered.
[
(3)
] 
(4)
 A county bee inspector shall maintain a record of each inspection, including
disinfection practices.
[
(4)
] 
(5)
 The county executive or the commissioner may review a county bee
inspector's records kept in accordance with Subsection [
(3)
] 
(4)
.
Section 133. Section 
4-11-109
, which is renumbered from Section 4-11-9 is
renumbered and amended to read:
[
4-11-9
].
 4-11-109.
Inspection of apiaries where queen bees raised for sale --
Honey from apiaries where queen bees raised for sale not to be used for candy for
mailing cages unless boiled.
(1) (a) At least twice each summer the county bee inspector [
shall
] 
may
 inspect each
apiary in which queen bees are raised for sale.
(b) A person may not sell or transport any queen bee from an apiary that is found to be
infected with disease[
,
] without the consent of the county bee inspector or the department.
(2) No person engaged in raising queen bees for sale shall use any honey for making
candy for mailing cages that has not been boiled for at least 30 minutes.
(3) A person rearing queens shall follow standard methods for minimizing or
eliminating unmanageably aggressive stock.
Section 134. Section 
4-11-110
, which is renumbered from Section 4-11-10 is
renumbered and amended to read:
[
4-11-10
].
 4-11-110.
Enforcement -- Inspections authorized -- Warrants.
(1) The department and all [
county
] bee inspectors shall have access to all apiaries or
places where bees, hives, and appliances are kept for the purpose of enforcing this chapter.
(2) If admittance is refused, the department, or the [
county
] bee inspector involved,
may proceed immediately to obtain an ex parte warrant from the nearest court of competent
jurisdiction to allow entry upon the premises for the purpose of making an inspection.
Section 135. Section 
4-11-111
, which is renumbered from Section 4-11-11 is
renumbered and amended to read:
[
4-11-11
].
 4-11-111.
Importation of bees or appliances into state --
Certification required -- Inspection discretionary -- Authority to require destruction or
removal of diseased bees and appliances.
(1) (a) A person may not bring or import any bees in packages or hives or bring or
import any used beekeeping equipment or appliances into this state[
, except after
] 
without
obtaining a certificate from an inspector authorized in the state of origin certifying that
:
(i)
 the bees, apiary equipment, or appliances have been inspected within the current
production season[
,
]
;
 and [
that
]
(ii)
 all diseased colonies in the apiary at the time of the inspection were destroyed or
[
removed to a licensed wax-salvage plant before the issuance of the certificate.
] 
treated.
(b) A person bringing or importing bees into the state shall advise the department of
the address of the [
bees
] 
bees'
 destination and furnish the department with a copy of the
certificate of inspection [
either: (i) within at least five working days before the bees enter the
state; or (ii)
] upon entry into the state.
(c) A person intending to hold bees in the state for a period of time exceeding 30 days
shall comply with Section [
4-11-4
] 
4-11-104
.
(2) (a) A person may not bring or import any used apiary equipment, except after
obtaining a certificate from an inspector authorized in the state of origin certifying that all
potentially pathogen-conductive apiary equipment or appliances are appropriately sterilized
immediately before importation.
(b) A person bringing or importing used apiary equipment shall advise the department
of the address of the destination in the state and furnish the department with a copy of the
certificate of inspection [
either: (i) within at least five working days before the bees enter the
state; or (ii)
] upon entry into the state.
(3) Used apiary equipment or appliances that have been exposed to terminal disease
may not be sold without the consent of the [
county
] bee inspector or the commissioner.
(4) In lieu of 
the certificate required by
 Subsection (1), the certificate may be a Utah
certificate.
(5) (a) If the department determines it is necessary for any reason to inspect any bees,
apiary equipment, or appliance upon arrival at a destination in this state, and upon this
inspection finds terminal disease, the department shall cause all diseased colonies, appliances,
and equipment to be either:
(i) destroyed immediately; or
(ii) removed from the state within 48 hours.
(b) The costs [
under
] 
of complying with
 Subsection (5)(a)(i) or (ii) shall be paid by the
person bringing the diseased colonies, appliances, or equipment into the state.
Section 136. Section 
4-11-112
, which is renumbered from Section 4-11-12 is
renumbered and amended to read:
[
4-11-12
].
 4-11-112.
Quarantine authorized.
The commissioner, in order to protect the bee industry of the state against bee health or
management issues, may quarantine the entire state, an entire county, or any apiary or specific
hive within the state[
, as the commissioner considers necessary
].
Section 137. Section 
4-11-113
, which is renumbered from Section 4-11-13 is
renumbered and amended to read:
[
4-11-13
].
 4-11-113.
Unlawful acts specified.
It is unlawful for a person to:
(1) extract honey in any place where bees can gain access either during or after the
extraction process;
[
(2) remove honey or wax, or attempt to salvage, or salvage any hives, apiary
equipment, or appliances from a diseased colony, except in a licensed wax-salvage plant,
unless specifically authorized by a county bee inspector or the commissioner;
]
[
(3)
] 
(2)
 maintain any neglected or abandoned hives, apiary equipment, or appliances
other than in an enclosure that prohibits the entrance of bees;
[
(4)
] 
(3)
 raise bees without being registered with the department; 
or
[
(5) operate a wax-salvage plant without a license;
]
[
(6) store an empty hive body, apiary equipment, or appliances in a manner that may
propagate pests, disease, or bee feeding frenzy; or
]
[
(7)
] 
(4)
 knowingly sell a colony, apiary equipment, or [
appliances that are
] 
appliance
that is
 inoculated with terminal disease pathogens.
Section 138. Section 
4-11-114
, which is renumbered from Section 4-11-14 is
renumbered and amended to read:
[
4-11-14
].
 4-11-114.
Maintenance of abandoned apiary, equipment, or
appliance -- Nuisance.
(1) It is a public nuisance to keep [
or maintain
] an abandoned 
or diseased
 apiary, apiary
equipment, or appliance 
anywhere
 other than in an enclosure that prohibits the entry of bees.
(2) Items listed in Subsection (1) are subject to seizure and destruction by the county
bee inspector.
(3) Upon discovery of, or receipt of a written complaint concerning, an abandoned
apiary site, apiary equipment, or appliance, the [
county
] bee inspector shall attempt to notify
the registered owner, if any.
(4) (a) A registered owner notified under Subsection (3) shall remove the abandoned
apiary, apiary equipment, or appliance or provide a bee-proof enclosure within 15 days.
(b) The [
county
] bee inspector or the department shall verify the removal or protection
in accordance with Subsection (4)(a) at the expiration of the 15-day period.
(c) If a registered owner does not comply with Subsection (4)(a), the [
county
] bee
inspector or the department may seize and destroy the abandoned apiary, apiary equipment, and
appliances.
(5) A [
county
] bee inspector or the department may seize and destroy an abandoned
apiary, apiary equipment, or appliances if the abandoned apiary, apiary equipment, or
appliances do not indicate a registered owner.
Section 139. Section 
4-11-115
, which is renumbered from Section 4-11-17 is
renumbered and amended to read:
[
4-11-17
].
 4-11-115.
Maintaining gentle stock.
A beekeeper may not intentionally maintain an aggressive or unmanageable stock,
whether African or European in origin.
Section 140. Section 
4-12-4
 is amended to read:
4-12-4.
Distribution of commercial and customer-formula feed -- Registration or
permit required -- Application -- Fees -- Expiration -- Renewal.
(1) No person may distribute a commercial feed in this state which is not registered
with the department. Application for registration shall be made to the department upon forms
prescribed and furnished by it accompanied with an annual registration fee, determined by the
department pursuant to Subsection [
4-2-2
] 
4-2-103
(2), for each brand name of commercial feed
registered. Upon receipt of a proper application and payment of the appropriate fee, the
commissioner shall issue a registration to the applicant allowing the applicant to distribute the
registered commercial feed in this state through December 31 of the year in which the
registration is issued, subject to suspension or revocation for cause.
(2) A person who distributes customer-formula feed is not required to register such
feed, but is required to obtain a permit from the department before distribution. Application
for a customer-formula feed distribution permit shall be made to the department upon forms
prescribed and furnished by it accompanied with an annual permit fee determined by the
department pursuant to Subsection [
4-2-2
] 
4-2-103
(2). Upon receipt by the department of a
proper application and payment of the appropriate fee as prescribed by the department, the
commissioner shall issue a permit to the applicant allowing the applicant to distribute
customer-formula feed in this state through December 31 of the year in which the permit is
issued, subject to suspension or revocation for cause.
(3) Each registration is renewable for a period of one year upon the payment of an
annual registration renewal fee in an amount equal to the current applicable original
registration fee. Each renewal fee shall be paid on or before December 31 of each year.
(4) A customer-formula feed permit is renewable for a period of one year upon the
payment of an annual permit renewal fee in an amount equal to the current applicable original
permit fee. Each permit renewal fee shall be paid on or before December 31 of each year.
Section 141. Section 
4-13-101
, which is renumbered from Section 4-13-1 is
renumbered and amended to read:
CHAPTER 13. UTAH FERTILIZER ACT
[
4-13-1
].
 4-13-101.
Title.
This chapter [
shall be
] 
is
 known [
and may be cited
] as the "Utah Fertilizer Act."
Section 142. Section 
4-13-102
, which is renumbered from Section 4-13-2 is
renumbered and amended to read:
[
4-13-2
].
 4-13-102.
Definitions.
As used in this chapter:
(1) "Adulterated fertilizer" means any commercial fertilizer that contains an ingredient
that renders it injurious to beneficial plant life when applied in accordance with the directions
on the label, or contains crop or weed seed, or is inadequately labeled to protect plant life.
(2) "Brand" means any term, design, or trade mark used in connection with one or
several grades of commercial fertilizer or soil amendment.
(3) "Commercial fertilizer" means any substance that contains one or more recognized
plant nutrients that is used for its plant nutrient content and is designed for use or claimed to
have value in promoting plant growth, exclusive of unmanipulated animal and vegetable
manures, marl, lime, limestone, wood ashes, gypsum, and other products exempted by rule of
the department.
(4) "Distributor" means any person who:
(a) imports, consigns, manufactures, produces, compounds, mixes, or blends
commercial fertilizer;
(b) imports, consigns, manufactures, produces, compounds, sizes, or blends a soil
amendment; or
(c) offers for sale, sells, barters, or otherwise supplies commercial fertilizer or a soil
amendment in this state.
(5) "Fertilizer material" means a commercial fertilizer that contains either:
(a) quantities of no more than one of the primary plant nutrients (nitrogen, phosphoric
acid and potash);
(b) approximately 85% plant nutrients in the form of a single chemical compound; or
(c) plant or animal residues or by-products, or a natural material deposit that is
processed so that its primary plant nutrients have not been materially changed, except through
purification and concentration.
(6) "Grade" means the percentage of total nitrogen, available phosphorus or phosphoric
acid, and soluble potassium or soluble potash stated in whole numbers in the same terms,
order, and percentages as in the guaranteed analysis; provided, that specialty fertilizers may be
guaranteed in fractional units of less than one percent of total nitrogen, available phosphorus or
phosphoric acid, and soluble potassium or soluble potash and that fertilizer materials such as
bone meal, manures, and similar raw materials may be guaranteed in fractional units.
(7) (a) "Guaranteed analysis" means the minimum percentage by weight of plant
nutrients claimed in the following order and form:
Total nitrogen (N)
____ percent
Available phosphoric acid (P0)
____ percent
Soluble potash (K0)
____ percent
(b) For unacidulated mineral phosphatic materials and basic slag, bone, tankage, and
other organic phosphate materials, it means the total phosphoric acid or degree of fineness.
(c) Potential basicity or acidity expressed in terms of calcium carbonate equivalent in
multiples of one hundred pounds per ton, when required by rule.
(d) (i) Guarantees for plant nutrients other than nitrogen, phosphorus, and potassium
may be permitted or required by rule of the department.
(ii) The guarantees for such other nutrients shall be expressed in the form of the
element.
(iii) The sources of such other nutrients, such as oxides, salt, chelates, may be required
to be stated on the application for registration and may be included as a parenthetical statement
on the label.
(iv) Other beneficial substances or compounds, determinable by laboratory methods,
also may be guaranteed by permission of the department.
(v) Any plant nutrients or other substances or compounds guaranteed are subject to
inspection and analysis in accord with the methods and rules prescribed by the department.
(8) "Investigational allowance" means an allowance for variations inherent in the
taking, preparation, and analysis of an official sample of commercial fertilizer or soil
amendment.
(9) "Label" means the display of all written, printed, or graphic matter upon the
immediate container or statement accompanying a commercial fertilizer or soil amendment.
(10) "Labeling" means all written, printed, or graphic matter upon or accompanying
any commercial fertilizer or soil amendment, or advertisements, brochures, posters, television
and radio announcements used in promoting the sale of such commercial fertilizers or soil
amendments.
(11) "Mixed fertilizer" means a commercial fertilizer containing any combination of
fertilizer materials.
(12) "Official sample" means any sample of commercial fertilizer or soil amendment
taken by the department and designated as "official."
(13) "Percent" or "percentage" means the percentage by weight.
(14) "Registrant" means any person who registers a commercial fertilizer or a soil
amendment under the provisions of this chapter.
(15) (a) "Soil amendment" means any substance that is intended to improve the
physical characteristics of soil.
(b) "Soil amendment" does not include any commercial fertilizer, agriculture liming
materials, unmanipulated animal manure, unmanipulated vegetable manure, pesticides, or other
material exempt by rule of the department.
(16) "Specialty fertilizer" means any commercial fertilizer distributed primarily for
non-farm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks,
cemeteries, greenhouses, and nurseries.
(17) "Ton" means a net weight of 2,000 pounds avoirdupois.
Section 143. Section 
4-13-103
, which is renumbered from Section 4-13-3 is
renumbered and amended to read:
[
4-13-3
].
 4-13-103.
Distribution of commercial fertilizer or soil amendment --
Registration required -- Application -- Fees -- Expiration -- Renewal -- Exemptions
specified -- Blenders and mixers to register name under which business conducted --
Blenders and mixers fee.
(1) (a) Each brand and grade of commercial fertilizer or soil amendment shall be
registered in the name of the person whose name appears upon the label before being
distributed in this state.
(b) The application for registration shall be submitted to the department on a form
prescribed and furnished by it, and shall be accompanied by a fee determined by the department
pursuant to Subsection [
4-2-2
] 
4-2-103
(2) for each brand and grade.
(c) Upon approval by the department, a copy of the registration shall be furnished to
the applicant.
(d) (i) Each registration expires at midnight on December 31 of the year in which
issued.
(ii) Each registration is renewable for a period of one year upon the payment of an
annual registration renewal fee in an amount equal to the current applicable original
registration fee.
(iii) Each renewal fee shall be paid on or before December 31 of each year.
(2) The application for registration shall include the following information:
(a) the net weight;
(b) the brand and grade;
(c) the guaranteed analysis;
(d) the name and address of the registrant; and
(e) any other information as the department may prescribe by rule.
(3) A distributor is not required to register any commercial fertilizer which has been
registered by another person under this chapter if the label does not differ in any respect.
(4) (a) A distributor is not required to register each grade of commercial fertilizer
formulated by a consumer before mixing, but is required to:
(i) register the name under which the business of blending or mixing is conducted;
(ii) pay an annual blenders license fee determined by the department pursuant to
Subsection [
4-2-2
] 
4-2-103
(2); and
(iii) label the mixed fertilizer or soil amendment as provided in Section [
4-13-4
]
4-13-104
.
(b) (i) A blenders license shall expire at midnight on December 31 of the year in which
it is issued.
(ii) A blenders license is renewable for a period of one year upon the payment of an
annual license renewal fee in an amount equal to the current applicable original blenders
license fee.
(iii) Each renewal fee shall be paid on or before December 31 of each year.
(5) (a) A fee shall be assessed on fertilizer and soil amendment products sold in the
state.
(b) The fee shall be:
(i) determined by the department pursuant to Subsection [
4-2-2
] 
4-2-103
(2); and
(ii) paid by the manufacturer or distributor on a schedule specified by rule.
(c) Revenue generated by the fee shall be deposited in the General Fund as dedicated
credits to be used by the department for education about and promotion of proper fertilizer
distribution, handling, and use.
Section 144. Section 
4-13-104
, which is renumbered from Section 4-13-4 is
renumbered and amended to read:
[
4-13-4
].
 4-13-104.
Labeling requirements for specialty fertilizer, bulk
commercial fertilizer, packaged mixed fertilizer, and soil amendments specified.
(1) Each container of specialty commercial fertilizer distributed in this state shall bear
a label setting forth:
(a) its net weight;
(b) brand and grade;
(c) guaranteed analysis;
(d) the name and address of the registrant; and
(e) the lot number.
(2) (a) Each bulk shipment of commercial fertilizer distributed in this state shall be
accompanied by a printed or written statement setting forth the information specified in
Subsections (1)(a) through (e).
(b) The statement shall be delivered to the purchaser at the time the bulk fertilizer is
delivered.
(3) Each sale of packaged mixed fertilizer shall be labeled, or labeling furnished the
consumer, to show its net weight, guaranteed analysis, lot number, and the name and address of
the distributor.
(4) (a) Each container of soil amendment shall conform to the requirements of
Subsection (1), and if distributed in bulk, with Subsection (2).
(b) The name or chemical designation and content of the soil amending ingredient or
any other information prescribed by rule of the department shall appear whether distributed in a
container or in bulk.
Section 145. Section 
4-13-105
, which is renumbered from Section 4-13-5 is
renumbered and amended to read:
[
4-13-5
].
 4-13-105.
Enforcement -- Inspection and samples authorized --
Methods for sampling and analysis prescribed -- Warrants.
(1) The department shall periodically sample, inspect, analyze, and test commercial
fertilizers and soil amendments distributed within this state to determine if they comply with
this chapter.
(2) Methods of analysis and sampling shall be in accordance with those adopted by the
department from sources such as the Association of Official Analytical Chemists Journal.
(3) In determining whether a commercial fertilizer or soil amendment is deficient, the
department shall be guided solely by the official sample.
(4) 
(a)
 The department is authorized to enter any public or private premises or carriers
during regular business hours in order to have access to commercial fertilizers or soil
amendments subject to this chapter.
(b)
 If admittance is refused, the department may proceed immediately to obtain an ex
parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises
for the purpose of making inspections and obtaining samples.
Section 146. Section 
4-13-106
, which is renumbered from Section 4-13-6 is
renumbered and amended to read:
[
4-13-6
].
 4-13-106.
Distribution of fertilizers not complying with labeling
requirements prohibited -- Guaranteed analysis deficient -- Penalty assessed -- Time for
payment -- Court action to vacate or amend finding authorized.
(1) No person shall distribute in this state a commercial fertilizer, fertilizer material,
soil amendment or specialty fertilizer if the official sample thereof establishes that the
commercial fertilizer, fertilizer material, soil amendment or specialty fertilizer is deficient in
the nutrients guaranteed on the label by an amount exceeding the values established by rule or
if the overall index value of the official sample is below the level established by rule.
(2) If an official sample, after analysis, demonstrates the guaranteed analysis is
deficient in one or more of its primary plant foods (NPK) beyond the investigational allowance
prescribed by rule, or if the over-all index value of the official sample is below the level
established by rule, a penalty of three times the commercial value of the deficiency or
deficiencies of the lot represented by the official sample may be assessed against the registrant.
(3) All penalties assessed under this section shall be paid to the department within
three months after notice from the department.
(4) Any registrant aggrieved by the finding of an official sample deficiency may file a
complaint with a court of competent jurisdiction to vacate or amend the finding of the
department.
Section 147. Section 
4-13-107
, which is renumbered from Section 4-13-7 is
renumbered and amended to read:
[
4-13-7
].
 4-13-107.
Department to publish commercial values applied to
components of commercial fertilizer.
The department shall annually publish the values per unit of nitrogen, available
phosphoric acid, and soluble potash in commercial fertilizers in this state for the purpose of
notifying registrants of the commercial value to be applied to commercial fertilizers under
Section [
4-13-6
] 
4-13-106
.
Section 148. Section 
4-13-108
, which is renumbered from Section 4-13-8 is
renumbered and amended to read:
[
4-13-8
].
 4-13-108.
Suspension or revocation authorized -- Refusal to register
authorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action --
Procedure -- Costs.
(1) The department may revoke or suspend the registration of any brand of commercial
fertilizer or soil amendment, or refuse to register any brand of commercial fertilizer or soil
amendment upon satisfactory evidence that the registrant has used fraudulent or deceptive
practices in registration or distribution in this state.
(2) 
(a)
 The department may issue a "stop sale, use or removal order" to the owner or
person in possession of any designated lot of commercial fertilizer or soil amendment which it
finds or has reason to believe is being offered or exposed for sale in violation of this chapter.
(b)
 The order shall be in writing and no commercial fertilizer or soil amendment
subject to it shall be moved or offered or exposed for sale, except upon the subsequent written
release of the department.
(c)
 Before a release is issued, the department may require the owner or person in
possession of the "stopped" lot to pay the expense incurred by the department in connection
with the withdrawal of the product from the market.
(3) 
(a)
 The department is authorized in a court of competent jurisdiction to seek an
order of seizure or condemnation of any fertilizer which violates this chapter or, upon proper
grounds, to obtain a temporary restraining order or permanent injunction, to prevent violation
of this chapter.
(b)
 No bond shall be required of the department in any injunctive proceeding under this
section.
(4) If condemnation is ordered, the fertilizer or soil amendment shall be disposed of as
the court directs; provided, that in no event shall it order condemnation without giving the
claimant of the fertilizer or soil amendment an opportunity to apply to the court for permission
to relabel, reprocess, or otherwise bring the product into conformance, or to remove it from the
state.
(5) If the court orders condemnation of the commercial fertilizer or soil amendment,
court costs, fees, storage, and other expenses shall be awarded against the claimant of the
fertilizer or soil amendment.
Section 149. Section 
4-13-109
, which is renumbered from Section 4-13-9 is
renumbered and amended to read:
[
4-13-9
].
 4-13-109.
Sales or exchanges of commercial fertilizers or soil
amendments between manufacturers, importers, or manipulators permitted.
Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of
commercial fertilizers or soil amendments to each other by importers, manufacturers, or
manipulators who mix fertilizer or soil amendment materials for sale or as preventing the free
and unrestricted shipment of commercial fertilizer or soil amendments to manufacturers or
manipulators who have registered their brands as required by this chapter.
Section 150. Section 
4-14-101
, which is renumbered from Section 4-14-1 is
renumbered and amended to read:
CHAPTER 14. UTAH PESTICIDE CONTROL ACT
[
4-14-1
].
 4-14-101.
Title.
This chapter [
shall be
] 
is
 known [
and may be cited
] as the "Utah Pesticide Control Act."
Section 151. Section 
4-14-102
, which is renumbered from Section 4-14-2 is
renumbered and amended to read:
[
4-14-2
].
 4-14-102.
Definitions.
As used in this chapter:
(1) "Active ingredient" means an ingredient that:
(a) prevents, destroys, repels, controls, or mitigates pests; or
(b) acts as a plant regulator, defoliant, or desiccant.
(2) "Adulterated pesticide" means a pesticide with a strength or purity that is below the
standard of quality expressed on the label under which [
it
] 
the pesticide
 is offered for sale.
(3) "Animal" means all vertebrate or invertebrate species.
(4) "Beneficial insect" means an insect that is:
(a) an effective pollinator of plants;
(b) a parasite or predator of pests; or
(c) otherwise beneficial.
(5) "Defoliant" means a substance or mixture intended to cause leaves or foliage to
drop from a plant, with or without causing abscission.
(6) "Desiccant" means a substance or mixture intended to artificially accelerate the
drying of plant or animal tissue.
(7) "Distribute" means to offer for sale, sell, barter, ship, deliver for shipment, receive,
deliver, or offer to deliver pesticides in this state.
(8) "Environment" means all living plants and animals, water, air, land, and the
interrelationships that exist between them.
(9) (a) "Equipment" means any type of ground, water, or aerial equipment or
contrivance using motorized, mechanical, or pressurized power to apply a pesticide.
(b) "Equipment" does not mean any pressurized hand-sized household apparatus used
to apply a pesticide or any equipment or contrivance used to apply a pesticide that is dependent
solely upon energy expelled by the person making the pesticide application.
(10) "EPA" means the United States Environmental Protection Agency.
(11) "FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act.
(12) (a) "Fungus" means a nonchlorophyll-bearing thallophyte or a
nonchlorophyll-bearing plant of an order lower than mosses and liverworts, including rust,
smut, mildew, mold, yeast, and bacteria.
(b) "Fungus" does not include fungus existing on or in:
(i) a living person or other animal; or
(ii) processed food, beverages, or pharmaceuticals.
(13) "Insect" means an invertebrate animal generally having a more or less obviously
segmented body:
(a) usually belonging to the Class Insecta, comprising six-legged, usually winged
forms, including beetles, bugs, bees, and flies; and
(b) allied classes of arthropods that are wingless usually having more than six legs,
including spiders, mites, ticks, centipedes, and wood lice.
(14) "Label" means any written, printed, or graphic matter on, or attached to, a
pesticide or a container or wrapper of a pesticide.
(15) (a) "Labeling" means all labels and all other written, printed, or graphic matter:
(i) accompanying a pesticide or equipment; or
(ii) to which reference is made on the label or in literature accompanying a pesticide or
equipment.
(b) "Labeling" does not include any written, printed, or graphic matter created by the
EPA, the United States Departments of Agriculture or Interior, the 
United States
 Department of
Health, Education, and Welfare, state experimental stations, state agricultural colleges, and
other federal or state institutions or agencies authorized by law to conduct research in the field
of pesticides.
(16) "Land" means land, water, air, and plants, animals, structures, buildings,
contrivances, and machinery appurtenant or situated thereon, whether fixed or mobile,
including any used for transportation.
(17) "Misbranded" means any label or labeling that is false or misleading or that does
not strictly comport with the label and labeling requirements set forth in Section [
4-14-4
]
4-14-104
.
(18) "Misuse" means use of any pesticide in a manner inconsistent with [
its
] 
the
pesticide's
 label or labeling.
(19) "Nematode" means invertebrate animals of the Phylum Nemathelminthes and
Class Nematoda, including unsegmented round worms with elongated, fusiform, or saclike
bodies covered with cuticle, also known as nemas or eelworms.
(20) (a) "Pest" means:
(i) any insect, rodent, nematode, fungus, weed; or
(ii) any other form of terrestrial or aquatic plant or animal life, virus, bacteria, or other
microorganism that is injurious to health or to the environment or that the department declares
to be a pest.
(b) "Pest" does not include:
(i) viruses, bacteria, or other microorganisms on or in a living person or other living
animal; or
(ii) protected wildlife species identified in Section 
23-13-2
 that are regulated by the
Division of Wildlife Resources in accordance with Sections 
23-14-1
 through 
23-14-3
.
(21) "Pesticide" means any:
(a) substance or mixture of substances
,
 including a living organism
,
 that is intended to
prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug,
fungus, weed, or other form of plant or animal life that is normally considered to be a pest or
that the commissioner declares to be a pest;
(b) any substance or mixture of substances intended to be used as a plant regulator,
defoliant, or desiccant;
(c) any spray adjuvant, such as a wetting agent, spreading agent, deposit builder,
adhesive, or emulsifying agent with deflocculating properties of its own used with a pesticide
to aid [
its
] 
the pesticide's
 application or effect; and
(d) any other substance designated by the department by rule.
(22) "Pesticide applicator" is a person who:
(a) applies or supervises the application of a pesticide; and
(b) is required by this chapter to have a license.
(23) (a) "Pesticide applicator business" means an entity that:
(i) is authorized to do business in this state; and
(ii) offers pesticide application services.
(b) "Pesticide applicator business" does not include an individual licensed agricultural
applicator who may work for hire.
(24) "Pesticide dealer" means any person who distributes restricted use pesticides.
(25) (a) "Plant regulator" means any substance or mixture intended, through
physiological action, to accelerate or retard the rate of growth or rate of maturation, or
otherwise alter the behavior of ornamental or crop plants.
(b) "Plant regulator" does not include plant nutrients, trace elements, nutritional
chemicals, plant inoculants, or soil amendments.
(26) "Restricted use pesticide" means:
(a) a pesticide, including a highly toxic pesticide
,
 that is a serious hazard to beneficial
insects, animals, or land; or
(b) any pesticide or pesticide use restricted by the administrator of EPA or by the
commissioner.
(27) "Weed" means any plant that grows where not wanted.
(28) "Wildlife" means all living things that are neither human, domesticated, nor pests.
Section 152. Section 
4-14-103
, which is renumbered from Section 4-14-3 is
renumbered and amended to read:
[
4-14-3
].
 4-14-103.
Registration required for distribution -- Application --
Fees -- Renewal -- Local needs registration -- Distributor or applicator license -- Fees --
Renewal.
(1) (a) [
No
] 
A
 person [
may distribute a pesticide in this state
] that is not registered with
the department 
may not distribute a pesticide in this state
.
(b) Application for registration shall be made to the department upon forms prescribed
and furnished by [
it
] 
the department
 accompanied with an annual registration fee determined
by the department pursuant to Subsection [
4-2-2
] 
4-2-103
(2) for each pesticide registered.
(c) Upon receipt by the department of a proper application and payment of the
appropriate fee, the commissioner shall issue a registration to the applicant allowing
distribution of the registered pesticide in this state through June 30 of each year, subject to
suspension or revocation for cause.
(d) (i) Each registration is renewable for a period of one year upon the payment of an
annual registration renewal fee in an amount equal to the current applicable original
registration fee.
(ii) Each renewal fee shall be paid on or before June 30 of each year.
(2) The application shall include the following information:
(a) the name and address of the applicant and the name and address of the person
whose name will appear on the label, if other than the applicant's name;
(b) the name of the pesticide;
(c) a complete copy of the label [
which
] 
that
 will appear on the pesticide; and
(d) any information prescribed by rule of the department considered necessary for the
safe and effective use of the pesticide.
(3) (a) Forms for the renewal of registration shall be mailed to registrants at least 30
days before their registration expires.
(b) A registration in effect on June 30 for which a renewal application has been filed
and the registration fee tendered shall continue in effect until the applicant is notified either
that the registration is renewed or that [
it
] 
the registration
 is suspended or revoked pursuant to
Section [
4-14-8
] 
4-14-108
.
(4) The department may, before approval of any registration, require the applicant to
submit the complete formula of any pesticide
,
 including active and inert ingredients
,
 and may
also, for any pesticide not registered according to 7 U.S.C. Sec. 136a or for any pesticide on
which restrictions are being considered, require a complete description of all tests and test
results that support the claims made by the applicant or the manufacturer of the pesticide.
(5) A registrant who desires to register a pesticide to meet special local needs
according to 7 U.S.C. Sec. 136v(c) shall, in addition to complying with Subsections (1) and
(2), satisfy the department that:
(a) a special local need exists;
(b) the pesticide warrants the claims made for [
it
] 
the pesticide
;
(c) the pesticide, if used in accordance with commonly accepted practices, will not
cause unreasonable adverse effects on the environment; and
(d) the proposed classification for use conforms with 7 U.S.C. Sec. 136a(d).
(6) [
No
] 
A
 registration is 
not
 required for a pesticide distributed in this state pursuant
to an experimental use permit issued by the EPA or under Section [
4-14-5
] 
4-14-105
.
(7) [
No
] 
A
 pesticide dealer may 
not
 distribute a restricted use pesticide in this state
without a license.
(8) A person shall receive a license before applying:
(a) a restricted use pesticide; or
(b) a general use pesticide for hire or in exchange for compensation.
(9) (a) A license to engage in an activity listed in Subsection (7) or (8) may be obtained
by:
(i) submitting an application on a form provided by the department;
(ii) showing evidence of competence in the pesticide profession, as established by rule,
and complying with the rules adopted by the department under this chapter;
(iii) demonstrating good character;
(iv) having no outstanding infractions and owing no money to the department; and
(v) paying the license fee determined by the department according to Subsection
[
4-2-2
] 
4-2-103
(2).
(b) A person may apply for a triennial license that expires on December 31 of the
second calendar year after the calendar year in which the license is issued.
(c) Notwithstanding Section 
63J-1-504
, the department shall retain the fees as
dedicated credits and may only use the fees to administer and enforce this title.
Section 153. Section 
4-14-104
, which is renumbered from Section 4-14-4 is
renumbered and amended to read:
[
4-14-4
].
 4-14-104.
Labeling requirement for pesticides specified.
(1) Each container of pesticide distributed in this state shall bear a label setting forth:
(a) the name, brand, or trademark under which [
it
] 
the pesticide
 is distributed;
(b) 
subject to Subsection (2),
 an accurate statement of the ingredients on [
that
]
:
(i) the
 part of the immediate container [
(and
] 
that is presented or displayed under
customary conditions of purchase; and
(ii)
 on the outside container and wrapper of the retail package, if there be one, through
which the ingredient statement on the immediate container cannot be clearly read[
) which is
presented or displayed under customary conditions of purchase; provided, that the ingredient
statement may appear prominently on another part of the container as permitted pursuant to
Section 2(q)(2)(A) of FIFRA if the size or form of the container makes it impracticable to place
it on the part of the retail package which is presented or displayed under customary conditions
of purchase;
]
;
(c) a warning or caution statement if necessary, which, if complied with together with
any requirements imposed under Section 3(d) of FIFRA, is adequate to protect [
the
] health and
the
 environment;
(d) the net weight or measure of the content;
(e) the name and address of the manufacturer, registrant, or person for whom
manufactured;
(f) the EPA registration number assigned to each establishment in which [
it
] 
the
pesticide
 was produced and the EPA registration number assigned to the pesticide, if required
by regulations under FIFRA;
(g) the federal use classification under which the pesticide is registered or designated
for "experimental use only"; and
(h) directions for use of the pesticide sufficient to [
effectuate
] 
carry out
 the purposes
for which the product is intended and which, if complied with together with any requirements
imposed under Section 3(d) of FIFRA, are adequate to protect health and the environment.
(2) An ingredient statement may appear prominently on another part of a container, as
permitted under Section 2(q)(2)(A) of FIFRA, if the size or form of the container makes it
impractical to place the ingredient statement on the part of the retail package that is presented
or displayed under customary conditions of purchase.
[
(2)
] 
(3)
 If the pesticide is highly toxic the label shall, in addition to the other label
requirements, display:
(a) the skull and crossbones;
(b) the word "POISON" in red prominently displayed on a background of distinctly
contrasting color; and
(c) a statement of a practical treatment [
(
]
,
first aid or otherwise[
)
]
,
 in case of poisoning
by the pesticide.
Section 154. Section 
4-14-105
, which is renumbered from Section 4-14-5 is
renumbered and amended to read:
[
4-14-5
].
 4-14-105.
Issuance of experimental use permits -- Application --
Terms and conditions for issuance.
(1) The department upon application may:
(a) issue an experimental use permit to any person if [
it
] 
the department
 determines
that the applicant needs such a permit in order to accumulate information necessary to register
a pesticide under Section [
4-14-3
] 
4-14-103
; or
(b) refuse to issue an experimental permit if [
it
] 
the department
 determines that
issuance is not warranted or that the pesticide use to be made under the proposed terms and
conditions may cause unreasonable adverse effects on the environment.
(2) The department may also with respect to issuance of an experimental use permit:
(a) prescribe the terms and conditions for the conduct of the experimental use [
which
]
that
 in all events shall be under the supervision of the department; and
(b) revoke or modify any experimental use permit if [
it
] 
the department
 determines that
the terms or conditions of the experimental use are being violated, or that the terms and
conditions prescribed are inadequate to avoid unreasonable adverse effects to the environment.
(3) Application for an experimental use permit may be made before, after, or
simultaneously with an application for registration.
Section 155. Section 
4-14-106
, which is renumbered from Section 4-14-6 is
renumbered and amended to read:
[
4-14-6
].
 4-14-106.
Department authorized to make and enforce rules.
The department may, by following the procedures and requirements of Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, adopt rules to:
(1) declare as a pest any form of plant or animal life that is injurious to health or the
environment, except:
(a) a human being; or
(b) a bacteria, virus, or other microorganism on or in a living person or animal;
(2) establish, in accordance with the regulations [
promulgated
] 
issued
 by the EPA
under 7 U.S.C. Sec. 136w(c)(2), whether pesticides registered for special local needs under the
authority of 7 U.S.C. Sec. 136v(c) are highly toxic to man;
(3) establish, consistent with EPA regulations, that certain pesticides or quantities of
substances contained in these pesticides are injurious to the environment;
(4) adopt a list of "restricted use pesticides" for the state or designated areas within the
state if [
it
] 
the department
 determines upon substantial evidence presented at a public hearing
and upon recommendation of the pesticide committee that restricted use is necessary to prevent
damage to property or to the environment;
(5) establish qualifications for a pesticide applicator business; and
(6) adopt any rule, not inconsistent with federal regulations [
promulgated
] 
issued
 under
FIFRA, considered necessary to administer and enforce this chapter, including rules relating
to the sale, distribution, use, and disposition of pesticides if necessary to prevent damage and to
protect the public health.
Section 156. Section 
4-14-107
, which is renumbered from Section 4-14-7 is
renumbered and amended to read:
[
4-14-7
].
 4-14-107.
Enforcement -- Inspection and sampling authorized --
Notice of deficiency to be given registrant -- Objects of inspection delineated -- Warrants.
(1) The department
,
 to determine compliance with this chapter, shall periodically
:
(a)
 sample, inspect, and analyze pesticides distributed within this state;
(b)
 observe and investigate the use and application of pesticides within this state; and
(c)
 inspect equipment used to apply pesticides in this state to determine if [
they
comply
] 
the equipment complies
 with this chapter.
(2) 
(a)
 If a pesticide sample, upon analysis, fails to comply with this chapter, the
department shall give written notice to that effect to the registrant or owner of the pesticide. 
(b)
 Nothing in this chapter, however, shall be construed as requiring the department to
refer minor violations for criminal prosecution or for the institution of condemnation
proceedings if [
it
] 
the department
 believes the public interest will best be served through
informal action.
(3) The department, for the purpose of enforcing this section, is authorized at
reasonable times[
,
] to enter any private or public premises for the purpose of:
(a) inspecting any equipment used in applying pesticides;
(b) inspecting or sampling lands actually or reported to be exposed to pesticides;
(c) inspecting storage or disposal areas;
(d) investigating complaints of injury to animals or lands;
(e) sampling pesticides wherever located
,
 including in vehicles; or
(f) observing the use and application of a pesticide.
(4) The department may proceed immediately, if admittance is refused, to obtain an ex
parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises
for any purpose specified in Subsection (3) of this section.
Section 157. Section 
4-14-108
, which is renumbered from Section 4-14-8 is
renumbered and amended to read:
[
4-14-8
].
 4-14-108.
Suspension or revocation -- Grounds -- Stop sale, use, or
removal order authorized -- Court action -- Procedure -- Award of costs authorized.
(1) The department may revoke or suspend the registration of any pesticide upon
satisfactory evidence that the registrant has used fraudulent or deceptive practices in the
registration of the pesticide or in [
its
] 
the pesticide's
 distribution in this state.
(2) 
(a)
 The department may issue a "stop sale, use, or removal order" to the owner or
distributor of any designated pesticide or lot of pesticide [
which it
] 
that the department
 finds or
has reason to believe is being offered or exposed for sale in violation of this chapter.
(b)
 The order 
described in Subsection (2)(a)
 shall be in writing and no pesticide subject
to [
it
] 
the order
 shall be moved, offered, or exposed for sale, except upon the subsequent
written release by the department.
(c)
 Before a release is issued, the department may require the owner or distributor of
the "stopped" pesticide or lot to pay the expense incurred by the department in connection with
the withdrawal of the product from the market.
(3) 
(a)
 The department is authorized in a court of competent jurisdiction to seek an
order of seizure or condemnation of a pesticide [
which
] 
that
 violates this chapter or, upon
proper grounds, to obtain a temporary restraining order or permanent injunction to prevent the
violation of this chapter.
(b)
 No bond shall be required of the department in an injunctive proceeding brought
under this section.
(4) [
If
] 
(a) Subject to Subsection (4)(b), if
 condemnation is ordered, the pesticide or
equipment shall be disposed of as the court directs[
; provided, that in no event shall it
]
.
(b) The department may not
 order condemnation without giving the registrant or other
person an opportunity to apply to the court for permission to relabel, reprocess, or otherwise
bring the pesticide into conformance, or for permission to remove [
it
] 
the pesticide
 from the
state.
(5) If the court orders condemnation, court costs, fees, storage, and other costs shall be
awarded against the claimant of the pesticide or equipment.
(6) The department may:
(a) deny an application for a pesticide applicator license;
(b) revoke a pesticide applicator license for cause; or
(c) suspend a pesticide applicator license for cause.
(7) (a) If a pesticide applicator license is revoked or suspended under Subsection (6),
the license shall be returned to the department within 14 days of the day on which the licensee
received notice of the revocation or suspension.
(b) A licensee who fails to return a license, as described in Subsection (7)(a), may be
subjected to an administrative fine of up to $100 for each 14 days the license is not returned.
Section 158. Section 
4-14-109
, which is renumbered from Section 4-14-9 is
renumbered and amended to read:
[
4-14-9
].
 4-14-109.
Examination requirements for license to act as applicator
may be waived through reciprocal agreement.
The department may waive any or all examination requirements specified in rule for a
noncommercial, commercial, or private pesticide applicator through a reciprocal agreement
with another state whose examination requirements and standards for licensure are
substantially similar to those of Utah.
Section 159. Section 
4-14-110
, which is renumbered from Section 4-14-12 is
renumbered and amended to read:
[
4-14-12
].
 4-14-110.
Defenses.
(1) As an affirmative defense to any action brought as a result of the alleged misuse or
misapplication of a pesticide, a person may present evidence that as of the time of the alleged
violation, the person was in compliance with label directions, this chapter, and any rules issued
in accordance with this chapter.
(2) A person is not liable for injuries resulting from the misuse or misapplication of a
pesticide unless the person was negligent.
Section 160. Section 
4-14-111
, which is renumbered from Section 4-14-13 is
renumbered and amended to read:
[
4-14-13
].
 4-14-111.
Registration required for a pesticide business.
(1) A pesticide applicator business shall register with the department by:
(a) submitting an application on a form provided by the department;
(b) paying the registration fee; and
(c) certifying that the business is in compliance with this chapter and departmental
rules authorized by this chapter.
(2) (a) By following the procedures and requirements of Section 
63J-1-504
, the
department shall establish a registration fee based on the number of pesticide applicators
employed by the pesticide applicator business.
(b) (i) Notwithstanding Section 
63J-1-504
, the department shall deposit the fees as
dedicated credits and may only use the fees to administer and enforce this chapter.
(ii) The Legislature may annually designate the revenue generated from the fee as
nonlapsing in an appropriations act.
(3) The department shall issue a business registration certificate to a pesticide
applicator business if the individual or entity:
(a) has complied with the requirements of this section;
(b) has shown evidence of competence in the pesticide profession and meets the
certification requirements established by rule;
(c) demonstrates good character;
(d) has no outstanding infractions and owes no money to the department; and
(e) pays the licensing fee established by the department.
(4) A registration certificate expires on December 31 of the second calendar year after
the calendar year in which the registration certificate is issued.
(5) (a) The department may suspend a registration certificate if the pesticide applicator
business violates this chapter or any rules authorized by it.
(b) A pesticide applicator business whose registration certificate has been suspended
may apply to the department for reinstatement of the registration certificate by demonstrating
compliance with this chapter and rules authorized by [
it
] 
this chapter
.
(6) A pesticide applicator business shall:
(a) only employ a pesticide applicator who has received a license from the department,
as required by Section [
4-14-3
] 
4-14-103
; and
(b) ensure that all employees comply with this chapter and the rules authorized by [
it
]
this chapter
.
Section 161. Section 
4-15-101
, which is renumbered from Section 4-15-1 is
renumbered and amended to read:
CHAPTER 15. THE UTAH NURSERY ACT
[
4-15-1
].
 4-15-101.
Title.
This chapter [
shall be known and may be cited
] 
is known
 as "The Utah Nursery Act."
Section 162. Section 
4-15-102
, which is renumbered from Section 4-15-1.5 is
renumbered and amended to read:
[
4-15-1.5
].
 4-15-102.
Background and purpose.
The Legislature finds that:
(1) nursery stock can harbor and vector plant pests and diseases;
(2) unregulated production and shipping of nursery stock presents an unacceptable risk
to the state's agricultural, forestry, and horticultural interests, and to the state's general
environmental quality; and
(3) it is necessary to ensure that nurseries produce healthy plants and that nursery stock
shipped to other nurseries, brokers, and out-of-state customers meets national nursery stock
cleanliness standards.
Section 163. Section 
4-15-103
, which is renumbered from Section 4-15-2 is
renumbered and amended to read:
[
4-15-2
].
 4-15-103.
Definitions.
As used in this part:
(1) "Balled and burlapped stock" means nursery stock [
which
] 
that
 is removed from the
growing site with a ball of soil containing its root system intact and encased in burlap or other
material to hold the soil in place.
(2) "Bare-root stock" means nursery stock [
which
] 
that
 is removed from the growing
site with the root system free of soil.
(3) "Compliance agreement" means any written agreement between a person and a
regulatory agency to achieve compliance with any set of requirements being enforced by the
department.
(4) "Container stock" means nursery stock [
which
] 
that
 is transplanted in soil or in a
potting mixture contained within a metal, clay, plastic, or other rigid container for a period
sufficient to allow newly developed fibrous roots to form
,
 so that if the plant is removed from
the container [
its
] 
the plant's
 root-media ball will remain intact.
(5) "Etiolated growth" means bleached and unnatural growth resulting from the
exclusion of sunlight.
(6) "Minimum indices of vitality" mean standards adopted by the department to
determine the health and vigor of nursery stock offered for sale in this state.
(7) "National nursery stock cleanliness standards" means nursery stock that:
(a) is free from quarantine pests and pests of concern;
(b) has all nonquarantine plant pests under effective control;
(c) meets the national nursery stock cleanliness standards; and
(d) is eligible for nursery stock certification and shipping permits.
(8) "Nonestablished container stock" means deciduous nursery stock [
which
] 
that
 is
transplanted in soil or in a potting mixture contained within a metal, clay, plastic, or other rigid
container for a period insufficient to allow the formation of fibrous roots sufficient to form a
root-media ball.
(9) "Nursery" means any place where nursery stock is propagated and grown for sale or
distribution.
(10) "Nursery agent" means a person who solicits or takes order for the sale of nursery
stock, other than on the premises of a nursery or nursery outlet.
[
(10)
] 
(11)
 "Nursery outlet" means any place or location where nursery stock is offered
for wholesale or retail sale.
[
(11)
] 
(12) (a)
 "Nursery stock" means
:
(i)
 all plants, whether field grown, container grown, or collected native plants;
(ii)
 trees, shrubs, vines, grass sod;
(iii)
 seedlings, perennials, biennials; and
(iv)
 buds, cuttings, grafts, or scions grown or collected or kept for propagation, sale, or
distribution[
; except that it does not include
]
.
(b) "Nursery stock" does not mean:
(i)
 dormant bulbs, tubers, roots, corms, rhizomes, 
or
 pips;
(ii)
 field, vegetable, or flower seeds; or
(iii)
 bedding plants, annual plants, florists' greenhouse or field-grown plants, 
or
 flowers
or cuttings.
[
(12)
] 
(13)
 "Packaged stock" means bare-root stock that is packed either in bundles or
in single plants with the roots in some type of moisture-retaining material designed to retard
evaporation and hold the moisture-retaining material in place.
[
(13)
] 
(14)
 "Pests of concern" means a nonquarantine pest that
:
(a)
 is not known to occur in the state, or [
which
] 
that
 has a limited distribution within
the state[
,
]
;
 and
(b)
 has the potential to negatively impact nursery stock health or pose an unacceptable
economic or environmental risk.
[
(14)
] 
(15)
 "Place of business" means each separate nursery, or nursery outlet, where
nursery stock is offered for sale, sold, or distributed.
[
(15)
] 
(16)
 "Plant pests" means:
(a) the egg, pupal, and larval stage, as well as any other living stage of any insect, mite,
nematode, slug, snail, protozoa, or other invertebrate animal;
(b) bacteria;
(c) fungi;
(d) parasitic plant or a reproductive part of a parasitic plant;
(e) [
a
] virus or viroid;
(f) phytoplasma; or
(g) any infectious substance that can injure or cause disease or damage in any plant.
[
(16)
] 
(17)
 "Quarantine pest" means a pest that poses potential negative economic or
environmental impact to an area in which the pest currently:
(a) does not exist; or
(b) exists, but its presence is not widely distributed or is being officially controlled.
[
(17)
] 
(18)
 "Shipping permit or certificate of inspection" means a sticker, stamp,
imprint, or other document that accompanies nursery stock shipped intrastate and documents
that the originating nursery:
(a) is licensed; and
(b) (i) has stock that has passed [
its
] annual inspection; or
(ii) produces stock that meets the National Nursery Stock Compliance Standard.
Section 164. Section 
4-15-104
, which is renumbered from Section 4-15-3 is
renumbered and amended to read:
[
4-15-3
].
 4-15-104.
Department authorized to make and enforce rules.
The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to make and enforce [
such
] rules [
as in its judgment are
] necessary to
administer and enforce this chapter.
Section 165. Section 
4-15-105
, which is renumbered from Section 4-15-4 is
renumbered and amended to read:
[
4-15-4
].
 4-15-105.
Unlawful to offer nursery stock for sale or to solicit
orders for nursery stock without license.
It is unlawful for any person in this state to offer nursery stock for sale at a nursery or
nursery outlet, or to solicit or receive orders for nursery stock for a person who regularly
engages in the business of operating a nursery or nursery outlet, without a license issued by the
department.
Section 166. Section 
4-15-106
, which is renumbered from Section 4-15-5 is
renumbered and amended to read:
[
4-15-5
].
 4-15-106.
License -- Application -- Fees -- Expiration -- Renewal.
(1) (a) Application for a license to operate a nursery or nursery outlet or to solicit or
receive orders of nursery stock for a person regularly engaged in the business of operating a
nursery or nursery outlet shall be made to the department on forms prescribed and furnished by
[
it
] 
the department
.
(b) Upon receipt of a proper application and compliance with applicable rules, and
payment of a license fee determined by the department according to Subsection [
4-2-2
]
4-2-103
(2) for each place of business where the applicant intends to offer nursery stock for
wholesale or retail sale, or the payment of a fee determined by the department pursuant to
Subsection [
4-2-2
] 
4-2-103
(2) in the case of an agent, the commissioner, if satisfied the
convenience and necessity of the industry and the public will be served, shall issue a license to
engage in the otherwise proscribed activity through December 31 of the year in which the
license is issued, subject to suspension or revocation for cause.
(2) A license to operate a nursery or nursery outlet or an agent's license is renewable on
or before December 31 of each year for a period of one year upon the payment of an annual
license renewal fee determined by the department according to Subsection [
4-2-2
] 
4-2-103
(2).
Section 167. Section 
4-15-107
, which is renumbered from Section 4-15-6 is
renumbered and amended to read:
[
4-15-6
].
 4-15-107.
Nursery stock for wholesale or retail sale -- Graded and
sized -- Labels and tags -- Information to appear on label or tag.
(1) Each type of nursery stock delivered to a nursery or nursery outlet for subsequent
wholesale or retail sale shall:
(a) be sized and graded in accordance with the applicable rules of the department; and
(b) bear a tag or label with the name, grade, size, and variety of the stock.
(2) Each bundle, single lot, or single nursery stock sold at retail shall bear a secure tag
or label with the common or botanical name, grade, size, and variety of the stock legibly
printed or written on [
it
] 
the bundle, single lot, or single nursery stock
.
Section 168. Section 
4-15-108
, which is renumbered from Section 4-15-7 is
renumbered and amended to read:
[
4-15-7
].
 4-15-108.
Inspection -- Issuance of certificate -- Destruction of
infested or diseased stock.
(1) 
(a)
 Each nursery may be inspected by the department at least once each year.
(b)
 If
,
 upon 
the
 inspection 
described in Subsection (1)(a),
 it appears that the nursery
and [
its
] 
the nursery's
 stock are free of insect pests and plant disease
,
 the department shall issue
[
a
] 
an inspection
 certificate [
to that effect
] to the nursery.
(2) 
(a)
 Each nursery outlet may be inspected by the department at least once each year
during the period nursery stock is offered for retail sale. [
An inspection certificate may be
issued by the department
]
(b) The department may issue an inspection certificate
 to a nursery outlet to permit the
interstate shipment of nursery stock if the stock contemplated for shipment appears free of
insect pests and plant disease.
(3) Nursery stock found to be infested with insect pests or infected with plant disease
shall be destroyed or otherwise treated as determined by the department.
Section 169. Section 
4-15-109
, which is renumbered from Section 4-15-8 is
renumbered and amended to read:
[
4-15-8
].
 4-15-109.
Transport of out-of-state nursery stock to Utah --
Certificate of inspection to be filed with department by out-of-state nurseries -- Option in
department to accept exchange list in lieu of certificate of inspection -- Imported stock to
be tagged -- Treatment of stock not tagged.
[
(1) Out-of-state
]
(1) (a) Subject to Subsection (1)(b), out-of-state
 nurseries and nursery outlets
transporting nursery stock to a nursery or nursery outlet in this state shall annually deliver to
the department a certified duplicate copy of the "state of origin" certificate of inspection for
each such out-of-state nursery or nursery outlet[
; provided, that the
]
.
(b) The
 department may accept and exchange a list of certified or licensed out-of-state
nurseries or nursery outlets in lieu of a certificate of inspection for each such individual nursery
or nursery outlet.
(2) Nursery stock originating outside and imported into this state for customer delivery
or for resale shall bear a tag
:
(a)
 stating that the nursery stock has been inspected and certified free from plant pests
and disease[
. The tag shall also bear
]
; and
(b) bearing
 the name and address of the shipper or consignor.
(3)
 A shipment of nursery stock destined for delivery in this state [
which
] 
that
 is not
accompanied with [
such a tag
] 
the tag described in Subsection (2)
 may be
:
(a)
 returned to the owner or consignor at [
such person's expense, or may be
] 
the owner
or consignor's expense; or
(b)
 destroyed, or otherwise disposed of
,
 by the department without compensation to the
owner or consignor.
Section 170. Section 
4-15-110
, which is renumbered from Section 4-15-9 is
renumbered and amended to read:
[
4-15-9
].
 4-15-110.
Nursery stock offered or advertised for sale -- Unlawful to
misrepresent name, origin, grade, variety, quality, or vitality -- Information required in
advertisements.
[
No
] 
(1) A
 person shall 
not
 misrepresent the name, origin, grade, variety, quality, or
indice of vitality of any nursery stock advertised or offered for sale at a nursery or nursery
outlet.
(2)
 All advertisements of nursery stock shall clearly state the name, size, and grade of
the stock where applicable.
Section 171. Section 
4-15-111
, which is renumbered from Section 4-15-10 is
renumbered and amended to read:
[
4-15-10
].
 4-15-111.
Infested or diseased stock not to be offered for sale --
Identification of "nonestablished container stock" -- Requirements for container stock --
Inspected and certified stock only to be offered for sale -- Prohibition against coating
aerial plant surfaces.
(1) Nursery stock [
which
] 
that
 is infested with plant pests, including noxious weeds, or
infected with disease or [
which
] 
that
 does not meet minimum indices of vitality may not be
offered for sale.
(2) All nonestablished container stock offered for sale shall be identified by the words
"nonestablished container stock" legibly printed on a water resistant tag [
which
] 
that
 states the
length of time [
it
] 
the stock
 has been planted or the date [
it
] 
the stock
 was planted and may not
be offered for sale in any manner [
which
] 
that
 leads a purchaser to believe [
it
] 
the stock
 is
container stock.
(3) All container stock offered for sale shall be established with a root-media mass that
will retain its shape and hold together when removed from the container.
(4) No nursery stock other than officially inspected and certified stock shall be offered
for wholesale or retail sale in this state.
(5) Colored waxes or other materials [
which
] 
that
 coat the aerial parts of a plant and
change the appearance of the plant surface are prohibited.
Section 172. Section 
4-15-112
, which is renumbered from Section 4-15-11 is
renumbered and amended to read:
[
4-15-11
].
 4-15-112.
Enforcement -- Inspection -- Stop sale order -- Procedure
-- Warrants.
(1) 
(a)
 The department may issue a "stop sale" order to any nursery or nursery outlet
upon discovery or notification of a quarantine pest or pest of concern, or if the department has
reason to believe the nursery is offering, advertising, or selling nursery stock in violation of
Section [
4-15-10
] 
4-15-111
.
(b)
 The "stop sale" order 
described in Subsection (1)(a)
 shall be in writing and no
nursery stock subject to [
it
] 
the order
 shall be advertised or sold, except upon subsequent
written release by the department.
(2) 
(a)
 The department is authorized for the purpose of ascertaining compliance with
this chapter to enter and inspect any nursery or nursery outlet where nursery stock is kept
during [
their
] 
the nursery or nursery outlet's
 business hours.
(b)
 If access for the purpose of inspection is denied, the department may proceed
immediately to the nearest court of competent jurisdiction and obtain an ex parte warrant or its
equivalent to permit inspection of the nursery or nursery outlet.
Section 173. Section 
4-15-113
, which is renumbered from Section 4-15-12 is
renumbered and amended to read:
[
4-15-12
].
 4-15-113.
Suspension or revocation -- Grounds -- Notice and
hearing.
[
The
] 
(1) Subject to Subsection (2), the
 department may suspend or revoke the license
of any nursery, nursery outlet, or agent that violates Section [
4-15-9
 or 
4-15-10
; provided, that
no
] 
4-15-110
 or 
4-15-111
.
(2) A
 suspension or revocation shall 
not
 be effective until after the nursery, nursery
outlet, or agent is afforded notice and a hearing.
Section 174. Section 
4-15-114
, which is renumbered from Section 4-15-14 is
renumbered and amended to read:
[
4-15-14
].
 4-15-114.
Compliance agreements.
The department may make compliance agreements with the responsible officials of
other states and nursery establishments to achieve compliance with any set of requirements
being enforced by the department.
Section 175. Section 
4-16-101
, which is renumbered from Section 4-16-1 is
renumbered and amended to read:
Part 1. Organization
[
4-16-1
].
 4-16-101.
Short title.
This chapter [
shall be
] 
is
 known [
and may be cited
] as the "Utah Seed Act."
Section 176. Section 
4-16-102
, which is renumbered from Section 4-16-2 is
renumbered and amended to read:
[
4-16-2
].
 4-16-102.
Definitions.
As used in this chapter:
(1) "Advertisement" means any representation made relative to seeds, plants, bulbs, or
ground stock other than those on the label of a seed container, disseminated in any manner.
(2) "Agricultural seeds" mean seeds of grass, forage plants, cereal crops, fiber crops,
sugar beets, seed potatoes, or any other kinds of seed or mixtures of seed commonly known
within this state as agricultural or field seeds.
(3) "Flower seeds" mean seeds of herbaceous plants grown for their blooms,
ornamental foliage, or other ornamental plants commonly known and sold under the name of
flower seeds in this state.
(4) "Foundation seed," "registered seed," or "certified seed" means seed that is
produced and labeled in accordance with procedures officially recognized by a seed certifying
agency approved and accredited in this state.
(5) (a) "Hybrid" means the first generation seed of a cross produced by controlling
pollination and by combining:
(i) two or more inbred lines;
(ii) one inbred or a single cross with an open-pollinated variety; or
(iii) two varieties or species, except open-pollinated varieties of corn, Zea mays.
(b) The second generation and subsequent generations from the crosses referred to in
Subsection (5)(a) are not to be regarded as hybrids.
(c) Hybrid designations shall be treated as variety names.
(6) "Kind" means one or more related species or subspecies of seed which singly or
collectively is known by one name, for example, corn, oats, alfalfa, and timothy.
(7) (a) "Label" means any written, printed, or graphic representation accompanying and
pertaining to any seeds, plants, bulbs, or ground stock whether in bulk or in containers.
(b) "Label" includes representations on invoices, bills, and letterheads.
(8) "Lot" means a definite quantity of seed identified by a number or other mark, every
part or bag of which is uniform within recognized tolerances.
(9) "Noxious-weed seeds" mean weed seeds declared noxious by the commissioner.
(10) "Pure seed," "germination," or other terms in common use for testing seeds for
purposes of labeling shall have ascribed to them the meaning set forth for such terms in the
most recent edition of "Rules for Seed Testing" published by the Association of Official Seed
Analysts.
(11) "Seeds for sprouting" means seeds sold for sprouting for salad or culinary
purposes.
(12) "Sowing" means the placement of agricultural seeds, vegetable seeds, flower
seeds, tree and shrub seeds, or seeds for sprouting in a selected environment for the purpose of
obtaining plant growth.
(13) "Treated" means seed that has received an application of a substance to reduce,
control, or repel certain disease organisms, fungi, insects or other pests which may attack the
seed or its seedlings, or has received some other treatment to improve its planting value.
(14) "Tree and shrub seeds" mean seeds of woody plants commonly known and sold
under the name of tree and shrub seeds in this state.
(15) "Variety" means a subdivision of a kind characterized by growth, yield, plant,
fruit, seed, or other characteristic, which differentiate it from other plants of the same kind.
(16) "Vegetable seeds" mean seeds of crops grown in gardens or on truck farms that
are generally known and sold under the name of vegetable seeds, plants, bulbs, and ground
stocks in this state.
(17) "Weed seeds" mean seeds of any plant generally recognized as a weed within this
state.
Section 177. Section 
4-16-103
, which is renumbered from Section 4-16-3 is
renumbered and amended to read:
[
4-16-3
].
 4-16-103.
Department authorized to make and enforce rules --
Cooperation with state and federal agencies authorized.
(1)
 The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to make and enforce [
such
] rules [
as in its judgment are deemed necessary to
administer and enforce this chapter; and, in conjunction with its administration and
enforcement, it is authorized to
]
.
(2) The department may
 cooperate with other state agencies, other states, and with the
United States Department of Agriculture or other departments or agencies of the federal
government.
Section 178. Section 
4-16-201
, which is renumbered from Section 4-16-4 is
renumbered and amended to read:
Part 2. Regulations
[
4-16-4
].
 4-16-201.
Labeling requirements specified for containers of
agricultural seed, mixtures of lawn and turf seed, vegetable seed, flower seed, tree and
shrub seed, and seeds for sprouting.
(1) Each container of agricultural seed offered or exposed for sale or transported for
sowing into this state shall be labeled with the following information:
(a) the common name of the kind or kind and variety of each seed component in excess
of 5% by weight of the whole and the percent by weight of each component in the order of its
predominance, provided that:
(i) if any component is required by rule of the department to be labeled as a variety, the
label, in addition to stating the common name of the seed, shall specify the name of the variety
or, if allowed by rule of the department, state "Variety Not Stated";
(ii) if any component is a hybrid seed, that fact shall be stated on the label; and
(iii) if more than one component is required to be named, the word "mixture" shall
appear;
(b) the name and address of the person who labeled the seed, or who offers or exposes
it for sale in this state;
(c) the lot number or other lot identification;
(d) the percentage by weight of all weed seeds;
(e) the percentage by weight of agricultural or crop seeds other than those named on
the label;
(f) the percentage by weight of inert matter;
(g) the name and rate of occurrence per pound of each kind of restricted noxious-weed
seed for which tolerance is permitted;
(h) the origin, if known, of alfalfa, red clover, or field corn and, if the origin is
unknown, that fact shall be stated; and
(i) the month and year seed tests were conducted specifying:
(i) percent of germination, exclusive of hard seed;
(ii) percent of hard seed; and
(iii) total percent of germination and hard seed.
(2) Each container of seed mixtures for lawn or turf seed offered or exposed for sale or
transported for sowing into this state shall be labeled with the following information:
(a) the common name of the kind or kind and variety of each agricultural seed
component in excess of 5% by weight of the whole, and the percentage by weight of pure seed
in order of its predominance in columnar form;
(b) the name and address of the person who labeled the seed, or who offers or exposes
it for sale in this state;
(c) the lot number or other lot identification;
(d) the percentage by weight of all weed seeds;
(e) the percentage by weight of agricultural seeds or crop seeds other than those
required to be named on the label;
(f) the percentage by weight of inert matter;
(g) the name and rate of occurrence per pound of each kind of restricted noxious-weed
seed for which tolerance is permitted;
(h) the month and year seed tests were conducted specifying:
(i) percent of germination, exclusive of hard seed; and
(ii) percent of hard seed;
(i) the word "mixed" or "mixture"; and
(j) its net weight.
(3) Each container of vegetable seeds weighing one pound or less offered or exposed
for sale or prepared for home gardens or household plantings or preplanted in containers, mats,
tapes, or other devices shall be labeled with the following information:
(a) the common name of the kind and variety of seed;
(b) the name and address of the person who labeled the seed, or who offers or exposes
it for sale in this state;
(c) the calendar month and year the seed was tested or the year for which the seed was
packaged;
(d) if germination of the seed is less than the germination standard last established for
the seed by the department, the label shall specify:
(i) percentage of germination, exclusive of hard seed;
(ii) percentage of hard seed, if present;
(iii) the calendar month and year the germination test was completed to determine the
percentages; and
(iv) the words "Below Standard" in not less than eight-point type; and
(e) if the seeds are placed in a germination medium, mat, tape, or other device which
makes it difficult to determine the quantity of the seed without removing the seeds, a statement
to indicate the minimum number of seeds in the container.
(4) Each container of vegetable seeds weighing more than one pound offered or
exposed for sale or transported for sowing into this state shall be labeled with the following
information:
(a) the common name of each kind and variety of seed component present in excess of
5% by weight of the whole and the percentage by weight of each in order of its predominance;
(b) the name and address of the person who labeled the seed, or who offers or exposes
it for sale in this state;
(c) the lot number or other lot identification;
(d) the month and year seed tests were conducted specifying:
(i) the percentage of germination, exclusive of hard seed; and
(ii) the percentage of hard seed, if present; and
(e) the name and rate of occurrence per pound of each kind of restricted noxious-weed
seed for which tolerance is permitted.
(5) Each container of flower seeds prepared in packets for use in home flower gardens
or household plantings or flower seeds in preplanted containers, mats, tapes, or other planting
devices and offered or exposed for sale in this state shall be labeled with the following
information:
(a) the common name of the kind and variety of the seeds or a statement of the type
and performance characteristics of the seed;
(b) the name and address of the person who labeled the seed, or who offers or exposes
it for sale in this state;
(c) the calendar month and year the seed was tested or the year for which the seed was
packaged;
(d) if germination of the seed is less than the germination standard last established by
the department, the label shall specify:
(i) percentage of germination, exclusive of hard seed;
(ii) percentage of hard seed, if present; and
(iii) the words "Below Standard" in not less than eight-point type; and
(e) if the seeds are placed in a germination medium, mat, tape, or other device which
makes it difficult to determine the quantity of seed without removing the seeds, a statement to
indicate the minimum number of seeds in the container.
(6) Each container of flower seeds in other than packets prepared for use in home
flower gardens or household plantings and other than in preplanted containers, mats, tapes, and
other devices offered or exposed for sale in this state shall be labeled with the following
information:
(a) the common name of the kind and variety of the seed or a statement of the type and
performance characteristics of the seed;
(b) the name and address of the person who labeled the seed, or who offers or exposes
it for sale in this state;
(c) the lot number or other lot identification;
(d) the month and year the seed was tested, or the year for which it was packaged; and
(e) for those kinds of seeds for which standard testing procedures are prescribed:
(i) the percentage of germination, exclusive of hard seed; and
(ii) the percentage of hard seed, if present.
(7) Each container of tree and shrub seeds offered or exposed for sale or transported for
sowing into this state shall be labeled with the following information:
(a) the common name of the species of seed and subspecies, if appropriate;
(b) the scientific name of the genus and species and subspecies, if appropriate;
(c) the name and address of the person who labeled the seed or who offers or exposes it
for sale in this state;
(d) the lot number or other lot identification;
(e) information as to origin as follows:
(i) for seed collected from a predominantly indigenous stand, the area of collection
given by latitude and longitude, or geographic description, or political subdivision such as state
or county; and
(ii) for seed collected from other than a predominantly indigenous stand, identity of the
area of collection and the origin of the stand or state "origin not indigenous";
(f) the elevation or the upper and lower limits of elevation within which said seed was
collected;
(g) purity as a percentage of pure seed by weight;
(h) for those species for which standard germination testing procedures are prescribed
by the commissioner, the following:
(i) percentage of germination, exclusive of hard seed;
(ii) percentage of hard seed, if present; and
(iii) the calendar month and year the test was completed to determine such percentages;
and
(i) for those species for which standard germination testing procedures have not been
prescribed by the commissioner, the calendar year in which the seed was collected.
(8) Each container of seeds for sprouting offered or exposed for sale or transported for
sowing into this state shall be labeled with the following information:
(a) the name and address of the person who labeled the seed, or who offers or exposes
it for sale in this state;
(b) the commonly accepted name of the kind or kinds in order of predominance;
(c) lot number;
(d) percentage by weight of each pure seed component in excess of 5% of the whole,
other crop seeds, inert matter, and weed seeds, if any;
(e) percentage of germination of each pure seed component; and
(f) the calendar month and year the seed was tested or the year for which the seed was
packaged.
(9) Any written or printed matter of any label shall appear in English.
Section 179. Section 
4-16-202
, which is renumbered from Section 4-16-5 is
renumbered and amended to read:
[
4-16-5
].
 4-16-202.
Distribution of seeds -- Germination tests required -- Date
to appear on label -- Seed to be free of noxious weed seed -- Special requirements for
treated seeds -- Prohibitions.
(1) No person in this state shall offer or expose any agricultural, vegetable, flower, or
tree and shrub seed or seeds for sprouting for sale or sowing unless:
(a) (i) for agricultural seeds, including mixtures of agricultural seeds:
(A) a test to determine the percentage of germination has been performed within 18
months, exclusive of the month the seed is tested and the date the seed is offered for sale; and
(B) the date of the test appears on the label;
(ii) for vegetable, flower, or tree and shrub seed or seeds for sprouting:
(A) a test to determine the percentage of germination has been performed within nine
months, exclusive of the month the seed is tested and the date the seed is offered for sale; and
(B) the date of the test appears on the label;
(iii) for hermetically sealed agricultural, vegetable, flower, or tree and shrub seed:
(A) a test to determine the percentage of germination has been performed within 36
months, exclusive of the month the seed is tested and the date the seed is offered for sale;
provided, that hermetically sealed seeds may be offered or exposed for sale after 36 months if
they have been retested for germination within nine months, exclusive of the month the seed is
retested and the date the seeds are offered or exposed for sale; and
(B) the date of the test appears on the label;
(b) its package or other container is truthfully labeled and in accordance with Section
[
4-16-4
] 
4-16-201
; and
(c) it is free of noxious weed seed, subject to any tolerance as may be prescribed by the
department through rule.
(2) The label on any package or other container of an agricultural, vegetable, flower, or
tree and shrub seed which has been treated and for which a claim is made on account of the
treatment, in addition to the labeling requirements specified in Section [
4-16-4
] 
4-16-201
,
shall:
(a) state that the seeds have been treated;
(b) state the commonly accepted name, generic chemical name, or abbreviated
chemical name of the substance used for treatment;
(c) if the seed is treated with an inoculant, state the date beyond which the inoculant is
not considered effective; and
(d) include a caution statement consistent with rules of the department if the treatment
substance remains with the seed in an amount which is harmful to vertebrate animals;
provided, that the caution statement for mercurials and similarly toxic substances, as defined by
rule of the department, shall state the seed has been treated with poison with "POISON" printed
in red letters on a background of distinctly contrasting color together with a representation of
the skull and crossbones.
(3) A person may not:
(a) use the word "trace" as a substitute for a statement required under this chapter;
(b) disseminate any false or misleading advertisement about agricultural, vegetable,
flower, or tree and shrub seed or seeds for sprouting; or
(c) detach, alter, or destroy any label or substitute any seed in a manner which defeats
the purpose of this chapter.
Section 180. Section 
4-16-203
, which is renumbered from Section 4-16-7 is
renumbered and amended to read:
[
4-16-7
].
 4-16-203.
Inspection -- Samples -- Analysis -- Seed testing facilities
to be maintained -- Rules to control offensive seeds -- Notice of offending seeds --
Warrants.
(1) (a) The department shall periodically enter public or private premises from which
seeds are distributed, offered, or exposed for sale to sample, inspect, analyze, and test
agricultural, vegetable, flower, or tree and shrub seeds or seeds for sprouting distributed within
this state to determine compliance with this chapter.
(b) To perform the duties specified in Subsection (1)(a), the department shall:
(i) establish and maintain facilities for testing the purity and germination of seeds;
(ii) prescribe by rule uniform methods for sampling and testing seeds; and
(iii) establish fees for rendering service.
(2) The department shall prescribe by rule weed seeds and noxious weed seeds and fix
the tolerances permitted for those offensive seeds.
(3) 
(a)
 If a seed sample, upon analysis, fails to comply with this chapter, the department
shall give written notice to that effect to any person who is distributing, offering, or exposing
the seeds for sale. [
Nothing
]
(b) Notwithstanding Subsection (3)(a), nothing
 in this chapter[
, however,
] shall be
construed as requiring the department to refer minor violations for criminal prosecution or for
the institution of condemnation proceedings if it believes the public interest will best be served
through informal action.
(4) The department may proceed immediately, if admittance is refused, to obtain an ex
parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises
for the purpose of making inspections and obtaining samples.
Section 181. Section 
4-16-301
, which is renumbered from Section 4-16-8 is
renumbered and amended to read:
Part 3. Enforcement
[
4-16-8
].
 4-16-301.
Enforcement -- Stop sale, use, or removal authorized --
Court action -- Procedures -- Costs.
(1) (a) The department may issue a "stop sale, use, or removal order" to the distributor,
owner, or person in possession of any designated agricultural, vegetable, flower, or tree and
shrub seed or seeds for sprouting or lot of seed which it finds or has reason to believe violates
this chapter.
(b) The order shall be in writing and no seed subject to it shall be moved, offered, or
exposed for sale, except upon subsequent written release by the department.
(c) Before a release is issued, the department may require the distributor or owner of
the "stopped" seed or lot to pay the expense incurred by the department in connection with the
withdrawal of the product from the market.
(2) 
(a)
 The department is authorized in a court of competent jurisdiction to seek an
order of seizure or condemnation of any seed which violates this chapter or, upon proper
grounds, to obtain a temporary restraining order or permanent injunction to prevent violation of
this chapter.
(b)
 No bond may be required of the department in an injunctive proceeding brought
under this section.
(3) (a) If condemnation is ordered, the seed shall be disposed of as the court directs.
(b) The court may not order condemnation without giving the claimant of the seed an
opportunity to apply to the court for permission to relabel, reprocess, or otherwise bring the
seed into conformance, or for permission to remove it from the state.
(c) If the court orders condemnation, court costs, fees, storage, and other costs shall be
awarded against the claimant of the seed.
Section 182. Section 
4-16-302
, which is renumbered from Section 4-16-10 is
renumbered and amended to read:
[
4-16-10
].
 4-16-302.
False or misleading advertising with respect to seed
quality prohibited.
Unless agricultural, vegetable, flower, or tree and shrub seeds or seeds for sprouting
sold, advertised, or exposed or offered for sale in this state for propagation or planting have
been registered or certified by an officially recognized seed certifying agency approved and
accredited in this state, a person may not:
(1) use orally or in writing:
(a) the term "foundation," "registered," or "certified" seed along with other words; or
(b) any other term or form of words which suggests that the seed has been certified or
registered by an inspection agency duly authorized by any state, or that there has been
registration or certification, or either; or
(2) use any tags similar to registration or certification tags.
Section 183. Section 
4-16-303
, which is renumbered from Section 4-16-11 is
renumbered and amended to read:
[
4-16-11
].
 4-16-303.
Distributors of seed to keep record of each lot of seed
distributed.
(1) Each person whose name appears on the label of agricultural, vegetable, flower, or
tree and shrub seeds or seeds for sprouting shall keep
:
(a)
 a complete record of each lot of agricultural, vegetable, flower, tree and shrub seed
or seeds for sprouting distributed in this state for a period of two years
;
 and
(b)
 a file sample of each lot of seed for a period of one year after final disposition of
the lot.
(2) The records and samples pertaining to the distribution of the seeds shall be
available to the department for inspection during regular business hours.
Section 184. Section 
4-16-401
, which is renumbered from Section 4-16-9 is
renumbered and amended to read:
Part 4. Testing
[
4-16-9
].
 4-16-401.
Designation of official testing agency for certification of
seed.
(1)
 The agricultural experiment station at Utah State University is designated as the
official state agency responsible for the production, approval, and testing of foundation seeds in
this state.
(2)
 This agency shall perform all functions necessary for seed certification including
the determination of the adaptability of established and new crop varieties for planting in this
state, whether produced in this state or elsewhere and the determination of eligibility of crop
varieties for registration and certification in the state.
(3)
 In performing its responsibility, the experiment station may contract, subject to
available funds, upon such terms and conditions as it [
deems
] 
considers
 appropriate with a
private seed certifying agency.
Section 185. Section 
4-16-501
, which is renumbered from Section 4-16-6 is
renumbered and amended to read:
Part 5. Exemption
[
4-16-6
].
 4-16-501.
Chapter does not apply to seed not intended for sowing,
to seed at seed processing plant, or to seed transported or delivered for transportation in
the ordinary course of business.
(1)
 This chapter does not apply to:
[
(1)
] 
(a)
 seed or grain not intended for sowing;
[
(2)
] 
(b) subject to Subsection (2),
 seed at, or consigned to, a seed processing or
cleaning plant; [
provided, that any label or any other representation which is made with respect
to the uncleaned or unprocessed seed is subject to this chapter;
] or
[
(3)
] 
(c)
 to any carrier in respect to any seed transported or delivered for transportation
in the ordinary course of its business as a carrier[
; provided, the carrier is not engaged in
producing, processing, or marketing agricultural, vegetable, flower, or tree and shrub seeds or
seeds for sprouting
].
(2) Any label or other representation which is made with respect to seed described in
Subsection (1)(b) is made with respect to the uncleaned or unprocessed seed is subject to this
chapter.
(3) A carrier described in Subsection (1)(c) may not be engaged in producing,
processing, or marketing agricultural, vegetable, flower, or tree and shrub seeds or seeds for
sprouting.
Section 186. Section 
4-17-101
, which is renumbered from Section 4-17-1 is
renumbered and amended to read:
CHAPTER 17. UTAH NOXIOUS WEED ACT
[
4-17-1
].
 4-17-101.
Title.
This chapter [
shall be
] 
is
 known [
and may be cited
] as the "Utah Noxious Weed Act."
Section 187. Section 
4-17-102
, which is renumbered from Section 4-17-2 is
renumbered and amended to read:
[
4-17-2
].
 4-17-102.
Definitions.
As used in this chapter:
(1) "Commission" means the county legislative body of [
the counties
] 
each county
 of
this state.
(2) "Commissioner" means the commissioner of agriculture and food or the
commissioner's representative.
(3) "County noxious weed" means any plant [
which
] 
that
 is
:
(a)
 not on the state noxious weed list[
, is
]
;
(b)
 especially troublesome in a particular county[
,
]
;
 and [
is
]
(c)
 declared by the county legislative body to be a noxious weed within [
its
] 
the
 county.
(4) "Noxious weed" means any plant the commissioner determines to be especially
injurious to public health, crops, livestock, land, or other property.
Section 188. Section 
4-17-103
, which is renumbered from Section 4-17-3 is
renumbered and amended to read:
[
4-17-3
].
 4-17-103.
Commissioner -- Functions, powers, and duties.
The commissioner [
has the following powers and duties
] 
or the commissioner's
designee shall
:
(1) [
investigates and designates
] 
investigate and designate
 noxious weeds on a
statewide basis;
(2) [
compiles and publishes
] 
compile and publish
 annually a list of statewide noxious
weeds;
(3) [
coordinates and assists
] 
coordinate and assist
 in inter-county noxious weed
enforcement activities;
(4) [
determines
] 
determine
 whether each county complies with this chapter;
(5) [
assists
] 
assist
 a county [
which
] 
that
 fails to carry out the provisions of this chapter
in [
its
] 
the county's
 implementation of a weed control program;
(6) [
prescribes
] 
prescribe
 the form and general substantive content of notices to the
public and to individuals concerning the prevention and control of noxious weeds;
(7) [
compiles and publishes
] 
compile and publish
 a list of articles capable of
disseminating noxious weeds or seeds and designate treatment to prevent dissemination; and
(8) [
regulates
] 
regulate
 the flow of contaminated articles into the state and between
counties to prevent the dissemination of noxious weeds or seeds.
Section 189. Section 
4-17-104
, which is renumbered from Section 4-17-3.5 is
renumbered and amended to read:
[
4-17-3.5
].
 4-17-104.
Creation of State Weed Committee -- Membership --
Powers and duties -- Expenses.
(1) There is created a State Weed Committee composed of [
eight
] 
seven
 members,
with each member representing one of the following:
(a) the Department of Agriculture and Food;
[
(b) the Department of Natural Resources;
]
[
(c)
] 
(b)
 the Utah State University Agricultural Experiment Station;
[
(d)
] 
(c)
 the Utah State University Extension Service;
[
(e)
] 
(d)
 the Utah Association of Counties;
[
(f)
] 
(e)
 private agricultural industry;
[
(g)
] 
(f)
 the Utah Weed Control Association; and
[
(h)
] 
(g)
 the Utah Weed Supervisors Association.
(2) The commissioner shall select the members of the committee from those nominated
by each of the respective groups or agencies following approval by the Agricultural Advisory
Board.
(3) (a) Except as required by Subsection (3)(b), as terms of current committee members
expire, the commissioner shall appoint each new member or reappointed member to a four-year
term.
(b) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at
the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
committee members are staggered so that approximately half of the committee is appointed
every two years.
(4) (a) Members may be removed by the commissioner for cause.
(b) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(5) The State Weed Committee shall:
(a) confer and advise on matters pertaining to the planning, implementation, and
administration of the state noxious weed program;
(b) recommend names for membership on the committee; and
(c) serve as members of the executive committee of the Utah Weed Control
Association.
(6) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 190. Section 
4-17-105
, which is renumbered from Section 4-17-4 is
renumbered and amended to read:
[
4-17-4
].
 4-17-105.
County weed control board -- Appointment --
Composition -- Terms -- Removal -- Compensation.
(1) [
Each
] 
A
 county executive of [
the counties
] 
a county
 may, with the advice and
consent of the county legislative body, appoint a county weed control board comprised of not
less than three nor more than five appointed members.
(2) (a) If the county legislative body is the county commission, the chair of the county
legislative body shall appoint one member of the county legislative body who shall act as a
coordinator between the county and the 
county
 weed 
control
 board.
(b) If the county legislative body is a county council, the county executive shall serve
on the county weed control board and act as coordinator between the county and the 
county
weed 
control
 board.
(3) Two members of the board shall be farmers or ranchers whose primary source of
income is derived from production agriculture.
(4) Members are appointed to four year terms of office and serve with or without
compensation as determined by each county legislative body.
(5) Members may be removed for cause and any vacancy [
which
] 
that
 occurs on a
county weed control board shall be filled by appointment for the unexpired term of the vacated
member.
Section 191. Section 
4-17-106
, which is renumbered from Section 4-17-4.5 is
renumbered and amended to read:
[
4-17-4.5
].
 4-17-106.
Commissioner may require county weed control board to
justify failure to enforce provisions.
If the commissioner determines that the weed control board of any county has failed to
perform [
its
] 
the board's
 duties under this chapter, the commissioner may require the board to
justify, in writing, [
its
] 
the board's
 failure to enforce these provisions within [
its
] 
the board's
county.
Section 192. Section 
4-17-107
, which is renumbered from Section 4-17-5 is
renumbered and amended to read:
[
4-17-5
].
 4-17-107.
County weed control board responsible for control of
noxious weeds -- Cooperation with other county boards -- Authority to designate noxious
weed -- Public hearing before removal of noxious weed from state list.
(1) A county weed control board is responsible, under the general direction of the
county executive, for the formulation and implementation of a county-wide coordinated
noxious weed control program designed to prevent and control noxious weeds within [
its
] 
the
board's
 county.
(2) A county weed control board is required, under the general direction of [
its
] 
the
board's
 commission, to cooperate with other county weed control boards to prevent and control
the spread of noxious weeds.
(3) 
(a)
 A county legislative body may declare a particular weed or competitive plant,
not appearing on the state noxious weed list, a county noxious weed within [
its county, or the
]
the board's county.
(b) A
 county executive, with the approval of the county legislative body, may petition
the commissioner for removal of a particular noxious weed from the state noxious weed list. 
(c)
 The county legislative body may not approve a petition of the county executive to
the commissioner to remove a noxious weed unless [
it
] 
the county legislative body
 has first
conducted a public hearing after due notice.
Section 193. Section 
4-17-108
, which is renumbered from Section 4-17-6 is
renumbered and amended to read:
[
4-17-6
].
 4-17-108.
Weed control supervisor -- Qualification -- Appointment
-- Duties.
(1) (a) Each commission may employ one or more weed control supervisors qualified
to:
(i) detect and treat noxious weeds; and
(ii) direct the weed control program for the county weed 
control
 board.
(b) A person may be a weed control supervisor for more than one county weed 
control
board.
(c) Terms and conditions of employment shall be prescribed by the commission.
(2) A supervisor, under the direction of the local county weed control board, shall:
(a) examine all land under the jurisdiction of the county weed control board to
determine whether this chapter and the rules adopted by the department have been met;
(b) compile data on infested areas;
(c) consult and advise upon matters pertaining to the best and most practical method of
noxious weed control and prevention;
(d) render assistance and direction for the most effective control and prevention;
(e) investigate violations of this chapter;
(f) enforce noxious weed controls within the county; and
(g) perform any other duties required by the county weed control board.
Section 194. Section 
4-17-109
, which is renumbered from Section 4-17-7 is
renumbered and amended to read:
[
4-17-7
].
 4-17-109.
Notice of noxious weeds to be published annually in
county -- Notice to particular property owners to control noxious weeds -- Methods of
prevention or control specified -- Failure to control noxious weeds considered public
nuisance.
(1) Each county weed control board before May 1 of each year shall post a general
notice of the noxious weeds within the county in at least three public places within the county
and publish the same notice on:
(a) at least three occasions in a newspaper or other publication of general circulation
within the county; and
(b) as required in Section 
45-1-101
.
(2) 
(a)
 If the county weed control board determines that particular property within the
county requires prompt and definite attention to prevent or control noxious weeds, [
it
] 
the
county weed control board
 shall serve the owner or the person in possession of the property,
personally or by certified mail, a notice specifying when and what action is required to be taken
on the property.
(b)
 Methods of prevention or control may include definite systems of tillage, cropping,
use of chemicals, and use of livestock.
(3) An owner or person in possession of property who fails to take action to control or
prevent the spread of noxious weeds as specified in the notice is maintaining a public nuisance.
Section 195. Section 
4-17-110
, which is renumbered from Section 4-17-8 is
renumbered and amended to read:
[
4-17-8
].
 4-17-110.
Noxious weeds -- Failure to control after notice of
nuisance -- Notice and hearing -- Control at county expense -- Owner liable for county
costs -- Charges lien against property.
(1) If the owner or person in possession of the property fails to take action to control or
prevent the spread of noxious weeds within five working days after the property is declared a
public nuisance, the county may, after reasonable notification, enter the property, without the
consent of the owner or the person in possession, and perform any work necessary, consistent
with sound weed prevention and control practices, to control the weeds.
[
(2) Any expense incurred by the county in controlling the noxious weeds is paid by
the
]
(2) (a) If the county controls weeds on a piece of property, as described in Subsection
(1), and seeks reimbursement from the property owner of record or the person in possession of
the property, the county shall send the property owner or person in possession of the property a
documented description of the expense and a demand for payment within 30 days of the day on
which the weed control took place.
(b) The
 property owner of record or the person in possession of the property, as the
case may be, 
shall reimburse the county for the county's expense
 within 90 days after receipt of
the [
charges incurred by the county.
] 
demand for payment, as described in Subsection (2)(a).
(c)
 If 
the demand for payment is
 not paid within 90 days after [
notice of the charges
]
receipt
, the charges become a lien against the property and are collectible by the county
treasurer at the time general property taxes are collected.
Section 196. Section 
4-17-111
, which is renumbered from Section 4-17-8.5 is
renumbered and amended to read:
[
4-17-8.5
].
 4-17-111.
Hearing before county weed control board -- Appeal of
decision to the county legislative body -- Judicial review.
(1) Any person served with notice to control noxious weeds may request a hearing to
appeal the terms of the notice before the county weed control board within 10 days of receipt of
such notice and may appeal the decision of the county weed control board to the county
legislative body.
(2) Any person served with notice to control noxious weeds who has had a hearing
before both the county weed control board and the county legislative body may further appeal
the decision of the county legislative body by filing written notice of appeal with a court of
competent jurisdiction.
Section 197. Section 
4-17-112
, which is renumbered from Section 4-17-10 is
renumbered and amended to read:
[
4-17-10
].
 4-17-112.
Jurisdiction of state and local agencies to control weeds.
The departments or agencies of state and local governments shall develop, implement,
and pursue an effective program for the control and containment of noxious weeds on all lands
under [
their
] 
the department's or agency's
 control or jurisdiction, including highways,
roadways, rights-of-way, easements, game management areas, and state parks and recreation
areas.
Section 198. Section 
4-17-113
, which is renumbered from Section 4-17-11 is
renumbered and amended to read:
[
4-17-11
].
 4-17-113.
County noxious weed control fund authorized.
[
Authority is hereby granted commissions to
] 
A commission may
 establish and
maintain a noxious weed control fund in each county for use in the administration of this
chapter.
Section 199. Section 
4-17-114
, which is renumbered from Section 4-2-8.7 is
renumbered and amended to read:
[
4-2-8.7
].
 4-17-114.
Invasive Species Mitigation Account created.
(1) As used in this section, "project" means an undertaking that:
(a) rehabilitates or treats an area infested with, or threatened by, an invasive species; or
(b) conducts research related to invasive species.
(2) (a) There is created a restricted account within the General Fund known as the
"Invasive Species Mitigation Account."
(b) The restricted account shall consist of:
(i) money appropriated by the Legislature;
(ii) grants from the federal government; and
(iii) grants or donations from a person.
(3) (a) [
After consulting with the Department of Natural Resources and the
Conservation Commission, the
] 
The
 department may expend money in the restricted account:
(i) on a project implemented by:
(A) the department; or
(B) the Conservation Commission; or
(ii) by giving a grant for a project to:
(A) a state agency;
(B) a federal agency;
(C) a federal, state, tribal, or private landowner;
(D) a political subdivision;
(E) a county weed board;
(F) a cooperative weed management area; or
(G) a university.
(b) The department may use up to 10% of restricted account funds appropriated under
Subsection (2)(b)(i) on:
(i) department administration; or
(ii) project planning, monitoring, and implementation expenses.
(c) A project that receives funds from the Invasive Species Mitigation Account may not
spend more than 10% of an award of funds on planning and administration costs.
(d) A federal landowner that receives restricted account funds for a project shall match
the funds received from the restricted account with an amount that is equal to or greater than
the amount received from the restricted account.
(4) In giving a grant, the department shall consider the effectiveness of a project in the
rehabilitation or treatment of an area infested with, or threatened by, an invasive species.
Section 200. Section 
4-17-115
, which is renumbered from Section 4-2-8.6 is
renumbered and amended to read:
[
4-2-8.6
].
 4-17-115.
Cooperative agreements and grants to rehabilitate areas
infested with or threatened by invasive species.
[
After consulting with the Department of Natural Resources and the Conservation
Commission, the
] 
The
 department may:
(1) enter into a cooperative agreement with a political subdivision, a state agency, a
federal agency, [
or a federal, state, tribal
] 
a tribe
, a county weed board, a cooperative weed
management area, a university, or 
a
 private landowner to:
(a) rehabilitate or treat an area infested with, or threatened by, an invasive species; or
(b) conduct research related to invasive species;
(2) expend money from the Invasive Species Mitigation Account created in Section
[
4-2-8.7
] 
4-17-114
; and
(3) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules to:
(a) administer this section; and
(b) give grants from the Invasive Species Mitigation Account.
Section 201. Section 
4-18-101
 is amended to read:
CHAPTER 18. CONSERVATION COMMISSION ACT
Part 1. Duties and Administration
4-18-101.
Title.
This chapter is known as the "Conservation Commission Act."
Section 202. Section 
4-18-102
 is amended to read:
4-18-102.
Purpose declaration.
(1) The Legislature finds and declares that:
(a) the soil and water resources of this state constitute one of [
its
] 
the state's
 basic
assets; and
(b) the preservation of [
these
] 
soil and water
 resources requires planning and programs
to ensure:
(i) the development and utilization of [
these
] 
soil and water
 resources; and
(ii) [
their
] 
soil and water resources'
 protection from the adverse effects of wind and
water erosion, sediment, and sediment related pollutants.
(2) The Legislature finds that local production of food is essential for:
(a) the security of the state's food supply; and
(b) the self-sufficiency of the state's citizens.
(3) The Legislature finds that sustainable agriculture is critical to:
(a) the success of rural communities;
(b) the historical culture of the state;
(c) maintaining healthy farmland;
(d) maintaining high water quality;
(e) maintaining abundant wildlife;
(f) high-quality recreation for citizens of the state; and
(g) helping to stabilize the state economy.
(4) The Legislature finds that livestock grazing on public lands is important for the
proper management, maintenance, and health of public lands in the state.
(5) The Legislature encourages each agricultural producer in the state to operate in a
reasonable and responsible manner to maintain the integrity of land, soil, water, and air.
(6) [
To
] 
The department shall administer the Utah Agriculture Certificate of
Environmental Stewardship Program, created in Section 
4-18-107
, to
 encourage each
agricultural producer in this state to operate in a reasonable and responsible manner to maintain
the integrity of the state's resources[
, the state shall administer the Utah Agriculture Certificate
of Environmental Stewardship Program, created in Section 
4-18-107
].
Section 203. Section 
4-18-103
 is amended to read:
4-18-103.
Definitions.
As used in this chapter:
(1) (a) "Agricultural discharge" means the release of agriculture water from the
property of a farm, ranch, or feedlot that:
(i) pollutes a surface body of water, including a stream, lake, pond, marshland,
watercourse, waterway, river, ditch, or other water conveyance system;
(ii) pollutes ground water; or
(iii) constitutes a significant nuisance to urban land.
(b) "Agricultural discharge" does not include:
(i) runoff from a farm, ranch, or feedlot, or the return flow of water from an irrigated
field onto land that is not part of a body of water; or
(ii) a release of water from a farm, ranch, or feedlot into a normally dry water
conveyance leading to an active body of water, if the release does not reach the water of a lake,
pond, stream, marshland, river, or other active body of water.
(2) "Agricultural operation" means a farm, ranch, or animal feeding operation.
(3) "Agriculture water" means:
(a) water used by a farm, ranch, or feedlot for the production of food, fiber, or fuel;
(b) the return flow of water from irrigated agriculture; or
(c) agricultural storm water runoff.
(4) "Alternate" means a substitute for a district supervisor if the district supervisor
cannot attend a meeting.
(5) (a) "Animal feeding operation" means a facility where animals, other than aquatic
animals, are stabled or confined and fed or maintained for a total of 45 days or more in any
12-month period.
(b) "Animal feeding operation" does not include an operation where animals are in
areas such as pastures or rangeland that sustain crops or forage growth during the normal
growing season.
(6) "Best management practices" means practices, including management policies and
the use of technology, used by each sector of agriculture in the production of food and fiber
that are commonly accepted practices, or that are at least as effective as commonly accepted
practices, and that:
(a) protect the environment;
(b) protect human health;
(c) ensure the humane treatment of animals; and
(d) promote the financial viability of agricultural production.
(7) "Certified agricultural operation" means an agricultural operation that is certified
under the Utah Agriculture Certificate of Environmental Stewardship Program in accordance
with Section 
4-18-107
.
(8) "Certified conservation planner" means a planner of a state conservation district, or
other qualified planner, that is approved by the commission to certify an agricultural operation
under the Utah Agriculture Certificate of Environmental Stewardship Program, created in
Section 
4-18-107
.
(9) "Commission" means the Conservation Commission created in Section 
4-18-104
.
(10) "Comprehensive nutrient management plan" or "nutrient management plan"
means a plan to properly store, handle, and spread manure and other agricultural byproducts to:
(a) protect the environment; and
(b) provide nutrients for the production of crops.
(11) "Coordinated resource management plan" means a plan of action created at a local
level with broad participation of land owners, natural resource agencies, and interested
stakeholders to protect or enhance the environment, human health, humane treatment of
animals, and financial viability in the community.
(12) "District" or "conservation district" has the same meaning as "conservation
district" as defined in Section 
17D-3-102
.
(13) "Pollution" means a harmful human-made or human-induced alteration to the
water of the state, including an alteration to the chemical, physical, biological, or radiological
integrity of water that harms the water of the state.
(14) "State technical standards" means a collection of best management practices that
will protect the environment in a reasonable and economical manner for each sector of
agriculture as required by this chapter.
(15) "Sustainable agriculture" means agriculture production and practices that promote:
(a) the environmental responsibility of owners and operators of farms, ranches, and
feedlots; and
(b) the profitability of owners and operators of farms, ranches, and feedlots.
Section 204. Section 
4-18-104
 is amended to read:
4-18-104.
Conservation Commission created -- Composition -- Appointment --
Terms -- Compensation -- Attorney general to provide legal assistance.
(1) There is created within the department the Conservation Commission to perform
the functions specified in this chapter.
(2) The Conservation Commission shall be [
comprised of 16
] 
composed of 15
members, including:
(a) the director of the Extension Service at Utah State University or the director's
designee;
(b) the president of the Utah Association of Conservation Districts or the president's
designee;
(c) the commissioner or the commissioner's designee;
(d) the executive director of the Department of Natural Resources or the executive
director's designee;
(e) the executive director of the Department of Environmental Quality or the executive
director's designee;
(f) the chair [
and the vice chair
]
, or the chair's designee,
 of the State Grazing Advisory
Board, created in Section [
4-20-1.5
] 
4-20-103
;
(g) the president of the County Weed Supervisors Association;
(h) seven district supervisors who provide district representation on the commission on
a multicounty basis; and
(i) the director of the School and Institutional Trust Lands Administration or the
director's designee.
(3) If a district supervisor is unable to attend a meeting, an alternate may serve in the
place of the district supervisor for that meeting.
(4) The members of the commission specified in Subsection (2)(h) shall:
(a) be recommended by the commission to the governor; and
(b) be appointed by the governor with the consent of the Senate.
(5) (a) Except as required by Subsection (5)(b), as terms of current commission
members expire, the governor shall appoint each new member or reappointed member to a
four-year term.
(b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
commission members are staggered so that approximately half of the commission is appointed
every two years.
(6) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(7) The commissioner is chair of the commission.
(8) Attendance of a majority of the commission members at a meeting constitutes a
quorum.
(9) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(10) The commission shall keep a record of [
its
] 
the commission's
 actions.
(11) The attorney general shall provide legal services to the commission upon request.
Section 205. Section 
4-18-105
 is amended to read:
4-18-105.
Conservation Commission -- Functions and duties.
(1) The commission shall:
(a) facilitate the development and implementation of the strategies and programs
necessary to:
(i) protect, conserve, utilize, and develop the soil, air, and water resources of the state;
and
(ii) promote the protection, integrity, and restoration of land for agricultural and other
beneficial purposes;
(b) disseminate information regarding districts' activities and programs;
(c) supervise the formation, reorganization, or dissolution of districts according to the
requirements of Title 17D, Chapter 3, Conservation District Act;
(d) prescribe uniform accounting and recordkeeping procedures for districts and
require each district to submit annually an audit of [
its
] 
the district's
 funds to the commission;
(e) approve and make loans for agricultural purposes, through the advisory board
described in Section 
4-18-106
, from the Agriculture Resource Development Fund, for:
(i) rangeland improvement and management projects;
(ii) watershed protection and flood prevention projects;
(iii) agricultural cropland soil and water conservation projects;
(iv) programs designed to promote energy efficient farming practices; and
(v) programs or improvements for agriculture product storage or protections of a crop
or animal resource;
(f) administer federal or state funds, including loan funds under this chapter, in
accordance with applicable federal or state guidelines and make loans or grants from those
funds to land occupiers for:
(i) conservation of soil or water resources;
(ii) maintenance of rangeland improvement projects;
(iii) development and implementation of coordinated resource management plans, as
defined in Section 
4-18-103
, with conservation districts, as defined in Section 
17D-3-102
; and
(iv) control or eradication of noxious weeds and invasive plant species:
(A) in cooperation and coordination with local weed boards; and
(B) in accordance with Section [
4-2-8.7
] 
4-17-114
;
(g) seek to coordinate soil and water protection, conservation, and development
activities and programs of state agencies, local governmental units, other states, special interest
groups, and federal agencies;
(h) plan watershed and flood control projects in cooperation with appropriate local,
state, and federal authorities, and coordinate flood control projects in the state;
(i) assist other state agencies with conservation standards for agriculture when
requested; and
(j) when assigned by the governor, when required by contract with the Department of
Environmental Quality, or when required by contract with the United States Environmental
Protection Agency:
(i) develop programs for the prevention, control, or abatement of new or existing
pollution to the soil, water, or air of the state;
(ii) advise, consult, and cooperate with affected parties to further the purpose of this
chapter;
(iii) conduct studies, investigations, research, and demonstrations relating to
agricultural pollution issues;
(iv) give reasonable consideration in the exercise of its powers and duties to the
economic impact on sustainable agriculture;
(v) meet the requirements of federal law related to water and air pollution in the
exercise of [
its
] 
the commission's
 powers and duties; and
(vi) establish administrative penalties relating to agricultural discharges as defined in
Section 
4-18-103
 that are proportional to the seriousness of the resulting environmental harm.
(2) The commission may:
(a) employ, with the approval of the department, an administrator and necessary
technical experts and employees;
(b) execute contracts or other instruments necessary to exercise its powers;
(c) take necessary action to promote and enforce the purpose and findings of Section
4-18-102
;
(d) sue and be sued; and
(e) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, necessary to carry out the powers and duties described in Subsection (1) and
Subsections (2)(b) and (c).
[
(3) If, under Subsection (2)(a), the commission employs an individual who was
formerly an employee of a conservation district or the Utah Association of Conservation
Districts, the Department of Human Resource Management shall:
]
[
(a) recognize the employee's employment service credit from the conservation district
or association in determining leave accrual in the employee's new position within the state;
and
]
[
(b) set the initial wage rate for the employee at the level that the employee was
receiving as an employee of the conservation district or association.
]
[
(4) An employee described in Subsection (3) is exempt from the career service
provisions of Title 67, Chapter 19, Utah State Personnel Management Act, and shall be
designated under schedule codes and parameters established by the Department of Human
Resource Management under Subsection 
67-19-15
(1)(p) until the commission, under
parameters established by the Department of Human Resource Management, designates the
employee under a different schedule recognized under Section 
67-19-15
.
]
[
(5) (a) For purposes of the report required by Subsection (5)(b), the commissioner
shall study the organizational structure of the employees described in Subsection (3).
]
[
(b) The commissioner shall report to the Natural Resources, Agriculture, and
Environmental Quality Appropriations Subcommittee by no later than that subcommittee's
November 2015 interim meeting regarding the study required by Subsection (5)(a).
]
Section 206. Section 
4-18-106
 is amended to read:
4-18-106.
Agriculture Resource Development Fund -- Contents -- Use of fund
money -- Authority board.
(1) There is created a revolving loan fund known as the Agriculture Resource
Development Fund.
(2) The Agriculture Resource Development Fund shall consist of:
(a) money appropriated to it by the Legislature;
(b) sales and use tax receipts transferred to the fund in accordance with Section
59-12-103
;
(c) money received for the repayment of loans made from the fund;
(d) money made available to the state for agriculture resource development from any
source; and
(e) interest earned on the fund.
(3) The commission shall make loans from the Agriculture Resource Development
Fund as provided by Subsections 
4-18-105
(1)(e)(i) through (iv).
(4) The commission may appoint an advisory board that shall:
(a) oversee the award process for loans, as described in this section;
(b) make recommendations to the commission regarding loans; and
(c) recommend [
the
] policies and procedures for the Agriculture Resource
Development Fund[
,
] 
that are
 consistent with statute.
Section 207. Section 
4-18-107
 is amended to read:
4-18-107.
Utah Agriculture Certificate of Environmental Stewardship Program.
(1) There is created the Utah Agriculture Certificate of Environmental Stewardship
Program.
(2) The commission, with the assistance of the department and with the advice of the
Water Quality Board[
,
] created in Section 
19-1-106
, shall make rules in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act that establish:
(a) (i) best management practices;
(ii) state technical standards; and
(iii) guidelines for nutrient management plans;
(b) requirements for qualification under the Utah Agriculture Certificate of
Environmental Stewardship Program that:
(i) are consistent with sustainable agriculture;
(ii) help prevent harm to the environment, including prevention of an agricultural
discharge; and
(iii) encourage agricultural operations in the state to follow:
(A) best management practices; and
(B) nutrient management plans that meet the state technical standards appropriate for
each type of agricultural operation;
(c) the procedure for qualification under the Utah Agriculture Certificate of
Environmental Stewardship Program;
(d) the requirements and certification process for an individual to become a certified
conservation planner; and
(e) standards and procedures for administering the Utah Agriculture Certificate of
Environmental Stewardship Program, including:
(i) renewal of a certification under Subsection (4)(b);
(ii) investigation and revocation of a certification under Subsection (6); and
(iii) revocation of a certification under Subsection (7)(b).
(3) An owner or operator of an agricultural operation may apply to certify the
agricultural operation under the Utah Agriculture Certificate of Environmental Stewardship
Program in accordance with this section.
(4) (a) Except as provided in Subsection (6) or (7), a certified agricultural operation
remains certified for a period of five years after the day on which the agricultural operation
becomes certified.
(b) A certified agricultural operation may, in accordance with commission rule, renew
the certification for an additional five years to keep the certification for a total period of 10
years after the day on which the agricultural operation becomes certified.
(5) Subject to review by the commissioner or the commissioner's designee, a certified
conservation planner shall certify each qualifying agricultural operation that applies to the Utah
Agriculture Certificate of Environmental Stewardship Program.
(6) (a) Upon request of the Department of Environmental Quality or upon receipt by
the department of a citizen environmental complaint, the department shall, with the assistance
of certified conservation planners as necessary, investigate a certified agricultural operation to
determine whether the agricultural operation has committed a significant violation of the
requirements of the Utah Agriculture Certificate of Environmental Stewardship Program.
(b) If, after completing an investigation described in Subsection (6)(a), the department
determines that a certified agricultural operation has committed a significant violation of the
requirements for the Utah Agriculture Certificate of Environmental Stewardship Program, the
department shall report the violation to the commission.
(c) Upon receipt of a report described in Subsection (6)(b), the commission shall
review the report and:
(i) revoke the agricultural operation's certification; or
(ii) set terms and conditions for the agricultural operation to maintain its certification.
(7) (a) If, for a certification renewal under Subsection (4)(b), or an investigation under
Subsection (6)(a), the department requests access to a certified agricultural operation, the
certified agricultural operation shall, at a reasonable time, allow access for the department to:
(i) inspect the agricultural operation; or
(ii) review the records of the agricultural operation.
(b) If a certified agricultural operation denies the department access as described in
Subsection (7)(a), the commission may revoke the agricultural operation's certification.
(8) If the commission changes a requirement of the Utah Agriculture Certificate of
Environmental Stewardship Program after an agricultural operation is certified in accordance
with former requirements, during the certification and renewal periods described in
Subsections (4)(a) and (b) the agricultural operation may choose whether to abide by a new
requirement, but the agricultural operation is not subject to the new requirement until the
agricultural operation reapplies for certification.
(9) Nothing in this section exempts an agricultural discharge made by a certified
agricultural operation from the provisions of Subsection 
19-5-105.5
(3)(b).
(10) (a) Except as provided in Subsections 
19-5-105.6
(2) and (3), a certified agriculture
operation may not be required to implement additional projects or best management practices
to address nonpoint source discharges.
(b) The Division of Water Quality shall consider an agriculture operation's compliance
with certification under an approved agriculture environmental stewardship program a
mitigating factor for penalty purposes, as provided in Section 
19-5-105.6
.
Section 208. Section 
4-18-108
 is amended to read:
4-18-108.
Grants for environmental improvement projects -- Criteria for award
-- Duties of commission.
(1) (a) Subject to appropriation, the commission, as described in Subsection (4), may
make a grant to an owner or operator of a farm or ranch to pay for 
the
 costs of plans or projects
to improve manure management, control surface water runoff
,
 or 
address
 other environmental
issues on the farm or ranch operation, including 
the
 costs of preparing or implementing a
nutrient management plan.
(b) The commission shall make a grant described in Subsection (1)(a) from funds
appropriated by the Legislature for that purpose.
(2) (a) In awarding a grant, the commission shall consider the following criteria:
(i) the ability of the grantee to pay for 
the
 costs of plans or projects to improve manure
management or control surface water runoff;
(ii) the availability of:
(A) matching funds provided by the grantee or another source; or
(B) material, labor, or other items of value provided in lieu of money by the grantee or
another source; and
(iii) the benefits that accrue to the general public by the awarding of a grant.
(b) The commission may establish by rule additional criteria for the awarding of a
grant.
(3) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to implement this section.
(4) The commission:
(a) shall be responsible for awarding a grant or loan for water quality or other
environmental issues; and
(b) may appoint an advisory board to:
(i) assist with the award process; and
(ii) make recommendations to the commission regarding awards.
Section 209. Section 
4-18-201
 is enacted to read:
Part 2. Salinity Offset Fund
 4-18-201.
Title -- Definitions.
(1) This part is known as "Salinity Offset Fund."
(2) As used in this part, "Colorado River Salinity Offset Program" means a program,
administered by the Division of Water Quality, allowing oil, gas, or mining companies and
other entities to provide funds to finance salinity reduction projects in the Colorado River
Basin by purchasing salinity credits as offsets against discharges made by the company under
permits issued by the Division of Water Quality.
Section 210. Section 
4-18-202
, which is renumbered from Section 4-2-8.5 is
renumbered and amended to read:
[
4-2-8.5
].
 4-18-202.
Salinity Offset Fund.
[
(1) As used in this section, "Colorado River Salinity Offset Program" means a
program, administered by the Division of Water Quality, allowing oil, gas, or mining
companies and other entities to provide funds to finance salinity reduction projects in the
Colorado River Basin by purchasing salinity credits as offsets against discharges made by the
company under permits issued by the Division of Water Quality.
]
[
(2)
] 
(1)
 (a) There is created an expendable special revenue fund known as the "Salinity
Offset Fund."
(b) The fund shall consist of:
(i) money received from the Division of Water Quality that has been collected as part
of the Colorado River Salinity Offset Program;
(ii) grants from local governments, the state, or the federal government;
(iii) grants from private entities; and
(iv) interest on fund money.
[
(3)
] 
(2)
 (a) The department shall:
(i) subject to the rules established under Subsection [
(3)
] 
(2)
(a)(ii), distribute fund
money to farmers, ranchers, mutual irrigation companies, and other entities in the state to assist
in financing irrigation, rangeland, and watershed improvement projects that will, in accordance
with the Colorado River Salinity Offset Program, reduce salinity in the Colorado River; and
(ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules establishing:
(A) a project funding application process;
(B) project funding requirements;
(C) project approval criteria; and
(D) standards for evaluating the effectiveness of funded projects in reducing salinity in
the Colorado River.
(b) The department may require entities seeking fund money to provide matching
funds.
(c) The department shall submit to the Division of Water Quality proposed funding
projects for the division's review and approval.
(d) The Division of Water Quality and the department shall establish a committee to
review and approve projects, as funding allows.
[
(4)
] 
(3)
 (a) Except as provided in Subsection [
(4)
] 
(3)
(b), the department may use fund
money for the administration of the fund, but this amount may not exceed 10% of the receipts
to the fund.
(b) The department may not use earned interest for administration of the fund.
Section 211. Section 
4-19-101
 is enacted to read:
CHAPTER 19. RURAL REHABILITATION
 4-19-101.
Title.
This chapter is known as "Rural Rehabilitation."
Section 212. Section 
4-19-102
, which is renumbered from Section 4-19-1 is
renumbered and amended to read:
[
4-19-1
].
 4-19-102.
Department responsible for conduct and administration
of rural rehabilitation program.
The department shall conduct and administer the rural rehabilitation program within the
state in accordance with the agreement entered into in January 1975, between the United States
of America through its Farm Home Administration and the state through its commissioner.
Section 213. Section 
4-19-103
, which is renumbered from Section 4-19-2 is
renumbered and amended to read:
[
4-19-2
].
 4-19-103.
Department authorized to approve and make grants and
loans, acquire property, and lease or operate property.
The department, in conjunction with the administration of the rural rehabilitation
program, may:
(1) approve and make a loan to a farm or agricultural cooperative association regulated
under Title 3, Uniform Agricultural Cooperative Association Act, subject to Section [
4-19-3
]
4-19-104
, including:
(a) taking security for the loan through a mortgage, trust deed, pledge, or other security
device;
(b) purchasing a promissory note, real estate contract, mortgage, trust deed, or other
instrument or evidence of indebtedness; and
(c) collecting, compromising, canceling, or adjusting a claim or obligation arising out
of the administration of the rural rehabilitation program;
(2) purchase or otherwise obtain property in which the department has acquired an
interest on account of a mortgage, trust deed, lien, pledge, assignment, judgment, or other
means at any execution or foreclosure sale;
(3) operate or lease, if necessary to protect its investment, property in which it has an
interest
,
 or sell or otherwise dispose of the property; and
(4) approve and make an education loan or an education grant to an individual for the
purpose of attending a vocational school, college, or university to obtain additional education,
qualifications, or skills.
Section 214. Section 
4-19-104
, which is renumbered from Section 4-19-3 is
renumbered and amended to read:
[
4-19-3
].
 4-19-104.
Loans -- Not to exceed period of 10 years -- Agricultural
Advisory Board to approve loans and renewals, methods of payments, and interest rates
-- Guidelines in fixing interest rates declared.
(1) The department may not make a loan authorized under this chapter for a period to
exceed 10 years
,
 but the loan is renewable.
(2) [
The
] 
Except as provided in Subsection (5), the
 Agricultural Advisory Board
created in Section 
4-2-108
 shall approve:
(a) all loans and renewals;
(b) the methods of repayment; and
(c) the interest rates charged.
(3) In fixing interest rates, the Agricultural Advisory Board shall consider:
(a) the current applicable interest rate or rates being charged by the USDA Farm
Service Agency on similar loans;
(b) the current prime rate charged by leading lending institutions; and
(c) any other pertinent economic data.
(4) The interest rates established shall be compatible with guidelines stated in this
section.
(5) The Agricultural Advisory Board may create a subcommittee from the board's
membership to approve loans under this section.
Section 215. Section 
4-19-105
, which is renumbered from Section 4-19-4 is
renumbered and amended to read:
[
4-19-4
].
 4-19-105.
Utah Rural Rehabilitation Fund.
(1) The department shall deposit all income generated from the administration of the
rural rehabilitation program in a separate fund known as the "Utah Rural Rehabilitation Fund."
(2) The state treasurer shall maintain the Utah Rural Rehabilitation Fund and record all
debits and credits made to the fund by the department.
Section 216. Section 
4-20-101
, which is renumbered from Section 4-20-1 is
renumbered and amended to read:
CHAPTER 20. RANGELAND IMPROVEMENT ACT
[
4-20-1
].
 4-20-101.
Title.
[
(1)
] This chapter is known as the "Rangeland Improvement Act."
[
(2) As used in this chapter:
]
[
(a) "Cooperative weed management association" means a multigovernmental
association cooperating together to control noxious weeds in a geographic area that includes
some portion of Utah.
]
[
(b) "Fees" mean the revenue collected by the United States Secretary of Interior from
assessments on livestock using public lands.
]
[
(c) "Grazing district" means an administrative unit of land:
]
[
(i) designated by the commissioner as being valuable for grazing and for raising
forage crops; and
]
[
(ii) which consists of any combination of the following:
]
[
(A) public land;
]
[
(B) private land;
]
[
(C) state land; and
]
[
(D) school and institutional trust land as defined in Section 
53C-1-103
.
]
[
(d) "Public lands" mean vacant, unappropriated, reserved, and unreserved federal
lands.
]
[
(e) "Regional board" means a regional grazing advisory board whose members are
appointed under Section 
4-20-1.6
.
]
[
(f) "Restricted account" means the Rangeland Improvement Account created in Section
4-20-2
.
]
[
(g) "Sales" or "leases" mean the sale or lease, respectively, of isolated or disconnected
tracts of public lands by the United States Secretary of Interior.
]
[
(h) "State board" means the State Grazing Advisory Board created under Section
4-20-1.5
.
]
Section 217. Section 
4-20-102
 is enacted to read:
 4-20-102.
Definitions.
As used in this chapter:
(1) "Cooperative weed management association" means a multigovernmental
association cooperating to control noxious weeds in a geographic area that includes some
portion of Utah.
(2) "Fees" means the revenue collected by the United States secretary of interior from
assessments on livestock using public lands.
(3) "Grazing district" means an administrative unit of land:
(a) designated by the commissioner as valuable for grazing and for raising forage
crops; and
(b) that consists of any combination of the following:
(i) public lands;
(ii) private land;
(iii) state land; and
(iv) school and institutional trust land as defined in Section 
53C-1-103
.
(4) "Public lands" mean vacant, unappropriated, reserved, and unreserved federal
lands.
(5) "Regional board" means a regional grazing advisory board with members appointed
under Section 
4-20-104
.
(6) "Restricted account" means the Rangeland Improvement Account created in
Section 
4-20-105
.
(7) "Sales" or "leases" means the sale or lease, respectively, of isolated or disconnected
tracts of public lands by the United States secretary of interior.
(8) "State board" means the State Grazing Advisory Board created under Section
4-20-103
.
Section 218. Section 
4-20-103
, which is renumbered from Section 4-20-1.5 is
renumbered and amended to read:
[
4-20-1.5
].
 4-20-103.
State Grazing Advisory Board -- Duties.
(1) (a) There is created within the department the State Grazing Advisory Board.
(b) The commissioner shall appoint the following members:
(i) one member from each regional board;
(ii) one member from the Conservation Commission, created in Section 
4-18-104
;
(iii) one representative of the Department of Natural Resources;
(iv) two livestock producers at-large; and
(v) one representative of the oil, gas, or mining industry.
(2) The term of office for a state board member is four years.
(3) Members of the state board shall elect a chair, who shall serve for two years.
(4) A member may not receive compensation or benefits for the member's service but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(5) The state board shall:
(a) receive:
(i) advice and recommendations from a regional board concerning:
(A) management plans for public lands, state lands, and school and institutional trust
lands as defined in Section 
53C-1-103
, within the regional board's region; and
(B) any issue that impacts grazing on private lands, public lands, state lands, or school
and institutional trust lands as defined in Section 
53C-1-103
, in its region; and
(ii) requests for restricted account money from the entities described in Subsections
(5)(c)(i) through (iv);
(b) recommend state policy positions and cooperative agency participation in federal
and state land management plans to the department and to the Public Lands Policy
Coordinating Office, created under Section 
63J-4-602
; and
(c) advise the department on the requests and recommendations of:
(i) regional boards;
(ii) county weed control boards, created in Section [
4-17-4
] 
4-17-105
;
(iii) cooperative weed management associations; and
(iv) conservation districts created under the authority of Title 17D, Chapter 3,
Conservation District Act.
Section 219. Section 
4-20-104
, which is renumbered from Section 4-20-1.6 is
renumbered and amended to read:
[
4-20-1.6
].
 4-20-104.
Regional grazing advisory boards -- Duties.
(1) The commissioner shall appoint members to a regional board for each grazing
district from nominations submitted by:
(a) the Utah Cattlemen's Association;
(b) the Utah [
Woolgrower's
] 
Woolgrowers
 Association;
(c) the Utah Farm Bureau Federation; and
(d) a conservation district, if the conservation district's boundaries include some
portion of the grazing district.
(2) Regional boards:
(a) shall provide advice and recommendations to the state board; and
(b) may receive money from the Rangeland Improvement Account created in Section
[
4-20-2
] 
4-20-105
.
(3) If a regional board receives money as authorized by Subsection (2)(b), the regional
board shall elect a treasurer to expend the money:
(a) as directed by the regional board; and
(b) in accordance with Section [
4-20-3
] 
4-20-106
.
Section 220. Section 
4-20-105
, which is renumbered from Section 4-20-2 is
renumbered and amended to read:
[
4-20-2
].
 4-20-105.
Rangeland Improvement Account -- Administered by
department.
(1) (a) There is created a restricted account within the General Fund known as the
"Rangeland Improvement Account."
(b) The restricted account shall consist of:
(i) money received by the state from the United States Secretary of Interior under the
Taylor Grazing Act, 43 U.S.C. Section 315 et seq., for sales, leases, and fees;
(ii) grants or appropriations from the state or federal government; and
(iii) grants from private foundations.
(c) Interest earned on the restricted account shall be deposited into the General Fund.
(2) The department shall:
(a) administer the restricted account;
(b) obtain from the United States Department of Interior the receipts collected from:
(i) fees in each grazing district; and
(ii) the receipts collected from the sale or lease of public lands; and
(c) distribute restricted account money in accordance with Section [
4-20-3
] 
4-20-106
.
Section 221. Section 
4-20-106
, which is renumbered from Section 4-20-3 is
renumbered and amended to read:
[
4-20-3
].
 4-20-106.
Rangeland Improvement Account distribution.
(1) The department shall distribute restricted account money as provided in this
section.
(a) The department shall:
(i) distribute pro rata to each school district the money received by the state under
Subsection [
4-20-2
] 
4-20-105
(1)(b)(i) from the sale or lease of public lands based upon the
amount of revenue generated from the sale or lease of public lands within the district; and
(ii) ensure that all money generated from the sale or lease of public lands within a
school district is credited and deposited to the general school fund of that school district.
(b) (i) After the commissioner approves a request from a regional board, the
department shall distribute pro rata to each regional board money received by the state under
Subsection [
4-20-2
] 
4-20-105
(1)(b)(i) from fees based upon the amount of revenue generated
from the imposition of fees within that grazing district.
(ii) The regional board shall expend money received in accordance with Subsection (2).
(c) (i) The department shall distribute or expend money received by the state under
Subsections [
4-20-2
] 
4-20-105
(1)(b)(ii) and (iii) for the purposes outlined in Subsection (2).
(ii) The department may require entities seeking funding from sources outlined in
Subsections [
4-20-2
] 
4-20-105
(1)(b)(ii) and (iii) to provide matching funds.
(2) The department shall ensure that restricted account distributions or expenditures
under Subsections (1)(b) and (c) are used for:
(a) range improvement and maintenance;
(b) the control of predatory and depredating animals;
(c) the control, management, or extermination of invading species, range damaging
organisms, and poisonous or noxious weeds;
(d) the purchase or lease of lands or a conservation easement for the benefit of a
grazing district;
(e) watershed protection, development, distribution, and improvement;
(f) the general welfare of livestock grazing within a grazing district; and
(g) subject to Subsection (3), costs to monitor rangeland improvement projects.
(3) Annual account distributions or expenditures for the monitoring costs described in
Subsection (2)(g) may not exceed 10% of the annual receipts of the fund.
Section 222. Section 
4-20-107
, which is renumbered from Section 4-20-8 is
renumbered and amended to read:
[
4-20-8
].
 4-20-107.
Audit of grazing districts -- State auditor to coordinate
with Department of Interior in conduct of audit.
The state auditor is authorized to coordinate with the Department of Interior in auditing
the books of the several advisory boards.
Section 223. Section 
4-20-108
, which is renumbered from Section 4-20-9 is
renumbered and amended to read:
[
4-20-9
].
 4-20-108.
Commissioner to supervise distribution of undistributed
funds if United States alters or discontinues funding leaving funds or resources available.
If the United States alters or discontinues funding under the Taylor Grazing Act
, 43
U.S.C. Sec. 315 et seq.,
 or the operation of advisory boards, leaving funds or other resources
undistributed or otherwise without means for continuation, the commissioner shall supervise
and control the distribution of such undistributed funds or other resources.
Section 224. Section 
4-20-109
, which is renumbered from Section 4-20-10 is
renumbered and amended to read:
[
4-20-10
].
 4-20-109.
Promotion of multiple use of rangeland resources.
(1) The department shall work cooperatively to promote efficient multiple-use
management of the rangeland resources of the public lands administered by the federal Bureau
of Land Management within the state to benefit the overall public interest.
(2) The department may serve as an independent resource for mediating disputes
concerning permit issues within the scope of Subsection (1).
Section 225. Section 
4-22-101
 is enacted to read:
CHAPTER 22. DAIRY PROMOTION
 4-22-101.
Title.
This chapter is known as "Dairy Promotion."
Section 226. Section 
4-22-102
, which is renumbered from Section 4-22-1 is
renumbered and amended to read:
[
4-22-1
].
 4-22-102.
Definitions.
As used in this chapter:
(1) "Commission" means the Utah Dairy Commission.
(2) "Dealer" means any person who buys and processes raw milk or milk fat, or who
acts as agent in the sale or purchase of raw milk or milk fat, or who acts as a broker or factor
with respect to raw milk or milk fat or any product derived from either.
(3) "Producer" means a person who produces milk or milk fat from cows and who sells
it for human or animal consumption, or for medicinal or industrial uses.
(4) "Producer-handler" means any producer who processes raw milk or milk fat.
Section 227. Section 
4-22-103
, which is renumbered from Section 4-22-2 is
renumbered and amended to read:
[
4-22-2
].
 4-22-103.
Utah Dairy Commission created -- Composition -- Elected
members -- Terms of elected members -- Qualifications for election.
(1) There is created an independent state agency known as the Utah Dairy Commission.
(2) The Utah Dairy Commission consists of 13 members as follows:
(a) the commissioner of agriculture and food, or the commissioner's representative;
(b) the dean of the College of Agriculture at Utah State University, or the dean's
representative;
(c) the president of the Utah Dairy Women's Association or the president of the Utah
Dairy Women's Association's representative;
(d) a member from District 1, northern Cache County, which member shall have a
Cornish, Lewiston, Richmond/Cove, or Trenton mailing address;
(e) a member from District 2, central Cache County and Rich County, which member
shall have a Newton, Clarkston, Amalga, Smithfield, Benson, Hyde Park, Mendon, or
Petersboro mailing address;
(f) a member from District 3, southern Cache County, which member shall have a
Logan, Providence, Nibley, Hyrum, Paradise, Wellsville, College Ward, Young Ward, or
Millville mailing address;
(g) a member from District 4, Box Elder County;
(h) a member from District 5, Weber and Morgan Counties;
(i) a member from District 6, Salt Lake, Davis, Utah, and Tooele Counties;
(j) a member from District 7, Wasatch, Summit, Duchesne, Uintah, and Daggett
Counties;
(k) a member from District 8, Millard, Beaver, Iron, and Washington Counties;
(l) a member from District 9, Sanpete, Carbon, Emery, Grand, Juab, and San Juan
Counties; and
(m) a member from District 10, Piute, Wayne, Kane, Garfield, and Sevier Counties.
(3) The ex officio members listed in Subsections (2)(a) and (b) shall serve without a
vote.
(4) The members listed in Subsections (2)(d) through (m) shall be elected to four-year
terms of office as provided in Section [
4-22-6
] 
4-22-105
.
(5) Members shall enter office on July 1 of the year in which they are elected.
(6) The commission, by two-thirds vote, may alter the boundaries comprising the
districts established in this section to maintain equitable representation of active milk
producers on the commission.
(7) Each member shall be:
(a) a citizen of the United States;
(b) 26 years of age or older;
(c) an active milk producer with five consecutive years experience in milk production
within this state immediately preceding election; and
(d) a resident of Utah and the district represented.
Section 228. Section 
4-22-104
, which is renumbered from Section 4-22-3 is
renumbered and amended to read:
[
4-22-3
].
 4-22-104.
Commission -- Organization -- Quorum to transact
business -- Vacancies -- Ineligibility to serve -- Compensation.
(1) The members of the commission shall elect a chair, vice chair, and secretary from
[
among their number
] 
the commission
.
(2) Attendance of a simple majority of the commission members at a called meeting
shall constitute a quorum for the transaction of official business.
(3) The commission shall meet:
(a) at the time and place designated by the chair; and
(b) no less often than once every three months.
(4) Vacancies [
which
] 
that
 occur on the commission for any reason shall be filled for
the unexpired term of the vacated member by appointment of a majority of the remaining
members.
(5) If a member moves from the district that [
he
] 
the member
 represents or ceases to
act as a producer during [
his
] 
the member's
 term of office, [
he
] 
the member
 shall resign from
the commission within 30 days after moving from the district or ceasing production.
(6) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 229. Section 
4-22-105
, which is renumbered from Section 4-22-6 is
renumbered and amended to read:
[
4-22-6
].
 4-22-105.
Commission to conduct elections -- Nomination of
candidates -- Expenses of election paid by commission.
(1) (a) The commissioner shall administer all commission elections.
(b) The commissioner shall mail a ballot to each producer within the district in which
an election is to be held by May 15 of each election year.
(c) The candidate who receives the highest number of votes cast in the candidate's
district shall be elected.
(d) The commissioner shall determine all questions of eligibility.
(e) A ballot shall be postmarked by May 31 of an election year.
(f) (i) All ballots received by the commissioner shall be counted and tallied by June 15.
(ii) A member of the commission whose name appears on a ballot may not participate
in counting or tallying the ballots.
(2) Candidates for election to the commission shall be nominated, not later than April
15, by a petition signed by [
five
] 
two
 or more producers who are residents of the district in
which the election is to be held.
(3) The names of all nominees shall be submitted to the commissioner on or before
May 1 of each 
election
 year [
in which an election is held
].
(4) All election expenses incurred by the commissioner shall be paid by the
commission.
Section 230. Section 
4-22-106
, which is renumbered from Section 4-22-4 is
renumbered and amended to read:
[
4-22-4
].
 4-22-106.
Commission powers, duties, and functions.
The commission has and shall exercise the following functions, powers, and duties:
(1) to employ and fix the salary of a full-time administrator, not a member of the
commission, to administer the policies adopted, and perform the duties assigned, by the
commission;
(2) to conduct a campaign of research, nutritional education, and publicity, showing the
value of milk, cream, and dairy products;
(3) to encourage local, national, and international use of Utah dairy products and
by-products, through advertising or otherwise;
(4) to investigate and participate in studies of problems peculiar to producers in Utah
and to take all actions consistent with this chapter to promote, protect, and stabilize the state
dairy industry;
(5) to sue and be sued, prosecute actions in the name of the state for the collection of
the assessment imposed by Section [
4-22-7
] 
4-22-201
, enter into contracts, and incur
indebtedness in furtherance of [
its
] 
the commission's
 business activities;
(6) to cooperate with any local, state, or national organization engaged in activities
similar to those of the commission;
(7) to accept grants, donations, or gifts for use consistent with this chapter; and
(8) to do all other things necessary for the efficient and effective management and
operation of [
its
] 
the commission's
 business.
Section 231. Section 
4-22-107
, which is renumbered from Section 4-22-4.5 is
renumbered and amended to read:
[
4-22-4.5
].
 4-22-107.
Exemption from certain operational requirements.
The commission is exempt from:
(1) Title 51, Chapter 5, Funds Consolidation Act;
(2) Title 51, Chapter 7, State Money Management Act;
(3) Title 63A, Utah Administrative Services Code;
(4) Title 63J, Chapter 1, Budgetary Procedures Act; and
(5) Title 67, Chapter 19, Utah State Personnel Management Act.
Section 232. Section 
4-22-108
, which is renumbered from Section 4-22-5 is
renumbered and amended to read:
[
4-22-5
].
 4-22-108.
Commission may require surety bond -- Payment of
premium.
The commission may require the administrator, or any [
of its
] 
commission
 employees,
to post a surety bond conditioned for the faithful performance of [
their
] 
the commission's
official duties. The amount, form, and kind of such a bond shall be fixed by the commission
and each bond premium shall be paid by the commission.
Section 233. Section 
4-22-201
, which is renumbered from Section 4-22-7 is
renumbered and amended to read:
Part 2. Assessment
[
4-22-7
].
 4-22-201.
Assessment imposed on sale of milk or cream produced,
sold, or contracted for sale in state -- Time of assessment -- Collection by dealer or
producer-handler -- Penalty for delinquent payment or collection -- Statement to be given
to producer.
(1) An assessment of 10 cents is imposed upon each 100 pounds of milk or cream
produced and sold, or contracted for sale, through commercial channels in this state.
(2) The assessment shall be:
(a) based upon daily or monthly settlements; and
(b) due at a time set by the commission, which may not be later than the last day of the
month next succeeding the month of sale.
(3) (a) The assessment shall be:
(i) assessed against the producer at the time the milk or milk fat is delivered for sale;
(ii) deducted from the sales price; and
(iii) collected by the dealer or producer-handler.
(b) The proceeds of the assessment shall be paid directly to the commission who shall
issue a receipt to the dealer or producer-handler.
(c) If a dealer or producer-handler fails to remit the proceeds of the assessment or
deduct the assessment on time, a penalty equal to 10% of the amount due shall be added to the
assessment.
(4) (a) At the time of payment of the assessment, the dealer or producer-handler shall
deliver a statement to the producer calculating the assessment.
(b) The commission may require other relevant information to be included in the
statement.
(5) If the mandatory assessment required by the Dairy and Tobacco Adjustment Act of
1983, Pub. L. No. 98-180, 97 Stat. 1128 (1150.152), is abolished, a producer who objects to
payment of the assessment imposed under this section[
,
] may, by January 31, submit a written
request to the commission for a refund of the amount of the assessment the producer paid
during the previous year.
Section 234. Section 
4-22-202
, which is renumbered from Section 4-22-8 is
renumbered and amended to read:
[
4-22-8
].
 4-22-202.
Revenue from assessment used to promote dairy industry
-- Deposit of funds -- Annual audit of books, records, and accounts -- Annual financial
report to producers.
(1) The revenue derived from the assessment imposed by Section [
4-22-7
] 
4-22-201
shall be used exclusively for the:
(a) administration of this chapter; and
(b) promotion of the state's dairy industry.
(2) (a) A voucher, receipt, or other written record for each withdrawal from the Utah
Dairy Commission Fund shall be kept by the commission.
(b) No funds shall be withdrawn from the fund except upon order of the commission.
(3) The commission may deposit the proceeds of the assessment in one or more
accounts in one or more banks approved by the state as depositories.
(4) The books, records, and accounts of the commission's activities are public records.
(5) (a) The accounts of the commission shall be audited once annually by a licensed
accountant selected by the commission and approved by the state auditor.
(b) The results of the audit shall be submitted to the:
(i) commissioner;
(ii) commission; and
(iii) Division of Finance.
(c) It is the responsibility of the commission to send annually a financial report to each
producer.
Section 235. Section 
4-22-203
, which is renumbered from Section 4-22-8.5 is
renumbered and amended to read:
[
4-22-8.5
].
 4-22-203.
Additional assessment for government liaison and
industry relations programs -- Exemption from the assessment.
(1) In addition to the assessment provided in Section [
4-22-7
] 
4-22-201
, an assessment
of three-fourths of one cent is imposed upon each 100 pounds of milk or cream produced and
sold, or contracted for sale, through commercial channels in this state for the purposes
specified in Subsection (3).
(2) The three-fourths of one cent assessment shall be paid in the same manner as the
assessment required by Section [
4-22-7
] 
4-22-201
.
(3) The commission shall use the revenue derived from the three-fourths of one cent
assessment imposed by this section to contract out for services and expenses of government
liaison and industry relations programs created to stabilize and protect the state's dairy industry
and the health and welfare of the public.
(4) A producer who objects to payment of the assessment imposed by this section may,
by January 31, submit a written request to the commission to be exempted from payment of the
assessment for that year. By January 1 each year, the commission shall send 
to each person
subject to the assessment
 a postage-paid, self-addressed postcard [
to each person subject to the
assessment
] which may be returned to request an exemption.
Section 236. Section 
4-22-301
, which is renumbered from Section 4-22-9 is
renumbered and amended to read:
Part 3. Liability and Enforcement
[
4-22-9
].
 4-22-301.
State disclaimer of liability.
The state is not liable for the acts or omissions of the commission, [
its
] 
commission
officers, agents, or employees.
Section 237. Section 
4-22-302
, which is renumbered from Section 4-22-9.5 is
renumbered and amended to read:
[
4-22-9.5
].
 4-22-302.
Commission not eligible for coverage under Risk
Management Fund.
The commission is not eligible to receive coverage under the Risk Management Fund
created under Section 
63A-4-201
.
Section 238. Section 
4-22-303
, which is renumbered from Section 4-22-10 is
renumbered and amended to read:
[
4-22-10
].
 4-22-303.
Enforcement -- Inspection of books and records of dealer
or producer-handler.
The commission at reasonable times may enter upon the premises and inspect the
records of any dealer or producer-handler for the purpose of enforcing this chapter.
Section 239. Section 
4-23-101
, which is renumbered from Section 4-23-1 is
renumbered and amended to read:
CHAPTER 23. AGRICULTURAL AND WILDLIFE DAMAGE PREVENTION ACT
[
4-23-1
].
 4-23-101.
Title.
This chapter [
shall be
] 
is
 known [
and may be cited
] as the "Agricultural and Wildlife
Damage Prevention Act."
Section 240. Section 
4-23-102
, which is renumbered from Section 4-23-2 is
renumbered and amended to read:
[
4-23-2
].
 4-23-102.
Purpose declaration.
The Legislature finds and declares that it is important to the economy of the state to
maintain agricultural production at [
its
] 
the
 highest possible level and at the same time, to
promote, to protect, and preserve the wildlife resources of the state.
Section 241. Section 
4-23-103
, which is renumbered from Section 4-23-3 is
renumbered and amended to read:
[
4-23-3
].
 4-23-103.
Definitions.
As used in this chapter:
(1) "Agricultural crops" means any product of cultivation;
(2) "Board" means the Agricultural and Wildlife Damage Prevention Board;
(3) "Bounty" means the monetary compensation paid 
to
 persons for the harvest of
predatory or depredating animals;
(4) "Damage" means any injury or loss to livestock, poultry, agricultural crops, or
wildlife inflicted by predatory or depredating animals or depredating birds;
(5) "Depredating animal" means a field mouse, gopher, ground squirrel, jack rabbit,
raccoon, or prairie dog;
(6) "Depredating bird" means a Brewer's blackbird or starling;
(7) "Livestock" means cattle, horses, mules, sheep, goats, and swine;
(8) "Predatory animal" means any coyote
, cougar, or bear
; and
(9) "Wildlife" means any form of animal life generally living in a state of nature,
except a predatory animal or a depredating animal or bird.
Section 242. Section 
4-23-104
, which is renumbered from Section 4-23-4 is
renumbered and amended to read:
[
4-23-4
].
 4-23-104.
Agricultural and Wildlife Damage Prevention Board
created -- Composition -- Appointment -- Terms -- Vacancies -- Compensation.
(1) There is created an Agricultural and Wildlife Damage Prevention Board composed
of the commissioner and the director of the Division of Wildlife Resources[
,
] who shall serve,
respectively, as the board's chair and vice chair[
,
] together with seven other members appointed
by the governor to four-year terms of office as follows:
(a) one sheep producer representing wool growers of the state;
(b) one cattle producer representing range cattle producers of the state;
(c) one person from the United States Department of Agriculture;
(d) one agricultural landowner representing agricultural landowners of the state;
(e) one person representing wildlife interests in the state;
(f) one person from the United States Forest Service; and
(g) one person from the United States Bureau of Land Management.
(2) Appointees' term of office shall commence June 1.
(3) (a) Except as required by Subsection (3)(b), as terms of current board members
expire, the governor shall appoint each new member or reappointed member to a four-year
term.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board members are staggered so that approximately half of the board is appointed every two
years.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(5) 
(a)
 Attendance of five members at a duly called meeting shall constitute a quorum
for the transaction of official business.
(b)
 The board shall convene at the times and places prescribed by the chair or vice
chair.
(6) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 243. Section 
4-23-105
, which is renumbered from Section 4-23-5 is
renumbered and amended to read:
[
4-23-5
].
 4-23-105.
Board responsibilities -- Damage prevention policy --
Rules -- Methods to control predators and depredating birds and animals.
(1) The board is responsible for the formulation of the agricultural and wildlife damage
prevention policy of the state and [
in conjunction with its responsibility
] may, consistent with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, adopt rules to implement [
its
] 
the
agricultural and wildlife damage prevention
 policy which shall be administered by the
department.
(2) In [
its
] 
the board's
 policy deliberations the board shall:
(a) specify programs designed to prevent damage to livestock, poultry, and agricultural
crops; and
(b) specify methods for the prevention of damage and for the selective control of
predators and depredating birds and animals including hunting, trapping, chemical toxicants,
and the use of aircraft.
(3) The board may also:
(a) specify bounties on designated predatory animals and recommend procedures for
the payment of bounty claims, recommend bounty districts, recommend persons not authorized
to receive bounty, and recommend to the department other actions [
it
] 
the board's
 considers
advisable for the enforcement of [
its
] 
the board's
 policies; and
(b) cooperate with federal, state, and local governments, educational institutions, and
private persons or organizations, through agreement or otherwise, to effectuate [
its
] 
the board's
policies.
Section 244. Section 
4-23-106
, which is renumbered from Section 4-23-6 is
renumbered and amended to read:
[
4-23-6
].
 4-23-106.
Department to issue licenses and permits -- Department to
issue aircraft use permits -- Reports.
(1)
 The department is responsible for the issuance of permits and licenses for the
purposes of the federal Fish and Wildlife Act of 1956. [
No
]
(2) (a) A
 state agency or private person [
shall
] 
may not
 use any aircraft for the
prevention of damage without first obtaining a use permit from the department.
(b)
 A state agency [
which
] 
that
 contemplates the use of aircraft for the protection of
agricultural crops, livestock, poultry, or wildlife shall file an application with the department
for an aircraft use permit to enable the agency to issue licenses to personnel within the agency
charged with the responsibility to protect such resources. [
Persons
]
(c) A person
 who [
desire
] 
desires
 to use privately owned aircraft for the protection of
land, water, crops, wildlife, or livestock may not engage in any such protective activity without
first obtaining an aircraft permit from the department.
(d)
 Agencies and private persons [
which
] 
that
 obtain aircraft use permits shall file such
reports with the department as it deems necessary in the administration of its licensing
authority.
Section 245. Section 
4-23-107
, which is renumbered from Section 4-23-7 is
renumbered and amended to read:
[
4-23-7
].
 4-23-107.
Annual fees on sheep, goats, cattle, and turkeys --
Determination by board -- Collection methods.
(1) To assist the department in meeting the annual expense of administering this
chapter, the following annual predator control fees are imposed upon animals owned by
persons whose interests this chapter is designed to protect:
Sheep and goats (except on farm dairy
goats or feeder lambs).........................................................................................
at least $.70 but not
 more than $1 per head
Cattle (except on farm dairy cattle).....................................................................
at least $.15 but not
 more than $.50 per head
Turkeys (breeding stock only).............................................................................
at least $.05 but not
more than $.10 per head
(2) The amount of the fees imposed upon each category of animals specified in this
section shall be determined by the board annually on or before January 1 of each year.
(3) (a) Fee brand inspected cattle are subject to a predator control fee upon change of
ownership or slaughter.
(b) The fee shall be collected by the local brand inspector at the time of the inspection
of cattle, or withheld and paid by the market from proceeds derived from the sale of the cattle.
(c) Cattle that are fee brand inspected prior to confinement to a feedlot are not subject
to any subsequent predator control fee.
(4) (a) Fleece of sheared sheep is subject to a predator control fee upon sale of the
fleece.
(b) (i) The fee shall be withheld and paid by the marketing agency or purchaser of wool
from proceeds derived from the sale of the fleece.
(ii) The department shall enter into cooperative agreements with in-state and
out-of-state wool warehouses and wool processing facilities for the collection of predator
control fees on the fleece of sheep that graze on private or public range in the state.
(c) The fee shall be based on the number of pounds of wool divided by 10 pounds for
white face sheep and five pounds for black face sheep.
(5) Predator control fees on turkey breeding stock shall be paid by the turkey
cooperative.
(6) (a) Livestock owners shall pay a predator control fee on any livestock that uses
public or private range in the state which is not otherwise subject to the fee under Subsection
(3) or (4).
(b) By January 1, the commissioner shall mail to each owner of livestock specified in
Subsection (6)(a) a reporting form requiring sufficient information on the type and number of
livestock grazed in the state and indicating the fee imposed for each category of livestock.
(c) Each owner shall file the completed form and the appropriate fee with the
commissioner before April 1.
(d) If any person who receives the reporting form fails to return the completed form
and the imposed fee as required, the commissioner is authorized to commence suit through the
office of the attorney general, in a court of competent jurisdiction, to collect the imposed fee,
the amount of which shall be as determined by the commissioner.
(7) All fees collected under this section shall be remitted to the department and
deposited in the Agricultural and Wildlife Damage Prevention Account.
Section 246. Section 
4-23-108
, which is renumbered from Section 4-23-7.5 is
renumbered and amended to read:
[
4-23-7.5
].
 4-23-108.
Agricultural and Wildlife Damage Prevention Account.
(1) There is created in the General Fund a restricted account known as the Agricultural
and Wildlife Damage Prevention Account.
(2) Money received under Section [
4-23-7
] 
4-23-107
 shall be deposited by the
commissioner [
of agriculture and food in
] 
into
 the Agricultural and Wildlife Damage
Prevention Account to be appropriated for the purposes provided in this chapter.
(3) Any supplemental contributions received by the department from livestock owners
for predator control programs shall be deposited into the Agricultural and Wildlife Damage
Prevention Account.
Section 247. Section 
4-23-109
, which is renumbered from Section 4-23-8 is
renumbered and amended to read:
[
4-23-8
].
 4-23-109.
Proceeds of sheep fee -- Refund of sheep fees -- Annual
audit of books, records, and accounts.
(1) (a) Subject to the other provisions of this Subsection (1), the commissioner may
spend an amount each year from the proceeds collected from the fee imposed on sheep for the
promotion, advancement, and protection of the sheep interests of the state.
(b) The amount described in Subsection (1)(a) shall be the equivalent to an amount
that:
(i) equals or exceeds 18 cents per head; and
(ii) equals or is less than 25 cents per head.
(c) The commissioner shall set the amount described in Subsection (1)(a):
(i) on or before January 1 of each year; and
(ii) in consultation with one or more statewide organizations that represent persons
who grow wool.
(d) A sheep fee is refundable in an amount equal to that part of the fee used to promote,
advance, or protect sheep interests.
(e) A refund claim shall be filed with the department on or before January 1 of the year
immediately succeeding the year for which the fee was paid.
(f) A refund claim shall be certified by the department to the state treasurer for
payment from the Agricultural and Wildlife Damage Prevention Account created in Section
[
4-23-7.5
] 
4-23-108
.
(2) Any expense incurred by the department in administering refunds shall be paid
from funds allocated for the promotion, advancement, and protection of the sheep interests of
the state.
(3) (a) The books, records, and accounts of the Utah Woolgrowers Association, or any
other organization which receives funds from the agricultural and wildlife damage prevention
account, for the purpose of promoting, advancing, or protecting the sheep interests of the state,
shall be audited at least once annually by a licensed accountant.
(b) The results of this audit shall be submitted to the commissioner.
Section 248. Section 
4-23-110
, which is renumbered from Section 4-23-10 is
renumbered and amended to read:
[
4-23-10
].
 4-23-110.
Applicability of chapter.
This chapter, unless contrary to a federal statute, shall apply to all federal, state, and
private lands.
Section 249. Section 
4-23-111
, which is renumbered from Section 4-23-11 is
renumbered and amended to read:
[
4-23-11
].
 4-23-111.
Holding a raccoon or coyote in captivity prohibited --
Penalty.
(1) No person may hold in captivity a raccoon or coyote, except as provided by rules of
the Agricultural and Wildlife Damage Prevention Board.
(2) The Division of Wildlife Resources, with the cooperation of the [
Department of
Agriculture and Food
] 
department
 and the Department of Health, shall enforce this section.
(3) Any violation of this section is a class B misdemeanor.
[
(4) This section does not prohibit a person from continuing to keep a raccoon or
coyote that he owns as of the effective date of this act.
]
Section 250. Section 
4-24-101
, which is renumbered from Section 4-24-1 is
renumbered and amended to read:
CHAPTER 24. UTAH LIVESTOCK BRAND AND ANTI-THEFT ACT
Part 1. Administration and Board
[
4-24-1
].
 4-24-101.
Title.
This chapter [
shall be known and may be cited
] 
is known
 as the "Utah Livestock Brand
and Anti-Theft Act."
Section 251. Section 
4-24-102
, which is renumbered from Section 4-24-2 is
renumbered and amended to read:
[
4-24-2
].
 4-24-102.
Definitions.
As used in this chapter:
(1) "Brand" means any identifiable mark applied to livestock which is intended to show
ownership.
(2) "Carcass" means any part of the body of an animal, including [
hides,
] entrails[
,
] and
edible meats.
(3) "Domesticated elk" [
shall have the meaning as
] 
means the same as that term is
defined in Section 
4-39-102
.
(4) "Hide" means any skins or wool removed from livestock.
(5) "Livestock" means cattle, calves, horses, mules, sheep, goats, hogs, or domesticated
elk.
(6) (a) "Livestock market" means a public market place consisting of pens or other
enclosures where cattle, calves, horses, or mules are received on consignment and kept for
subsequent sale, either through public auction or private sale.
(b) "Livestock market" does not mean:
(i) a place used solely for liquidation of livestock by a farmer, dairyman, livestock
breeder, or feeder who is going out of business; or
(ii) a place where an association of livestock breeders under [
its
] 
the association's
 own
management, offers registered livestock or breeding sires for sale and assumes all
responsibility for the sale, guarantees title to the livestock or sires sold, and arranges with the
department for brand inspection of all animals sold.
(7) "Mark" means any [
dulap, waddle, or
] cutting and shaping of the ears or brisket
area of livestock which is intended to show ownership.
(8) "Open range" means land upon which cattle, sheep, or other domestic animals are
grazed or permitted to roam by custom, license, lease, or permit.
[
(8)
] 
(9)
 "Slaughterhouse" means any building, plant, or establishment where animals
are [
killed
] 
harvested
, dressed, or processed and their meat or meat products [
offered for sale
]
produced
 for human consumption.
Section 252. Section 
4-24-103
, which is renumbered from Section 4-24-3 is
renumbered and amended to read:
[
4-24-3
].
 4-24-103.
Department authorized to make and enforce rules.
The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to make and enforce [
such
] rules as [
in its judgment are
] necessary to
administer and enforce this chapter.
Section 253. Section 
4-24-104
, which is renumbered from Section 4-24-4 is
renumbered and amended to read:
[
4-24-4
].
 4-24-104.
Livestock Brand Board created -- Composition -- Terms
-- Removal -- Quorum for transaction of business -- Compensation -- Duties.
(1) There is created the Livestock Brand Board consisting of seven members appointed
by the governor as follows:
(a) four cattle ranchers recommended by the Utah Cattlemen's Association, one of
whom shall be a feeder operator;
(b) one dairyman recommended by the Utah Dairymen's Association;
(c) one livestock market operator recommended jointly by the Utah Cattlemen's
Association and the Utah Dairymen's Association and the Livestock Market Association; and
(d) one horse breeder recommended by the Utah Horse Council.
(2) If a nominee is rejected by the governor, the recommending association shall
submit another nominee.
(3) (a) Except as required by Subsection (3)(b), as terms of current board members
expire, the governor shall appoint each new member or reappointed member to a four-year
term.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board members are staggered so that approximately half of the board is appointed every two
years.
(4) (a) A member may, at the discretion of the governor, be removed at the request of
the association that recommended the appointment.
(b) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(5) One member elected by the board shall serve as chair for a term of one year and be
responsible for the call and conduct of meetings of the Livestock Brand Board. Attendance of
a simple majority of the members at a duly called meeting shall constitute a quorum for the
transaction of official business.
(6) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(7) The Livestock Brand Board with the cooperation of the department shall direct the
procedures and policies to be followed in administering and enforcing this chapter.
Section 254. Section 
4-24-105
, which is renumbered from Section 4-24-30 is
renumbered and amended to read:
[
4-24-30
].
 4-24-105.
Commission to appoint supervisor for brand inspection --
Appointment subject to approval -- Salary.
(1)
 The commissioner shall appoint a state supervisor for livestock brand inspection,
[
but such appointment is
] subject to the approval of the Livestock Brand Board.
(2)
 The salary or compensation of the supervisor shall be fixed in accordance with
standards adopted by the Division of Finance.
Section 255. Section 
4-24-201
, which is renumbered from Section 4-24-5 is
renumbered and amended to read:
Part 2. Brand and Marks
[
4-24-5
].
 4-24-201.
Central Brand and Mark Registry -- Division of state into
mark districts -- Identical or confusingly similar brands -- Publication of registered
brands and marks.
(1) The department shall maintain a central Brand and Mark Registry which shall list
each brand or mark recorded in this state. For each brand or mark registered the list shall
specify:
(a) the name and address of the registrant;
(b) a facsimile of the brand recorded or a diagram showing the kind of mark recorded;
(c) the location of the brand or mark upon the animal; and
(d) the date the brand or mark is filed in the registry.
(2) The commissioner may divide the state into districts for the purpose of recording
marks but no mark [
which in the opinion of the commissioner
] 
that
 is identical or confusingly
similar to a mark previously recorded in a district shall be recorded.
(3) 
(a)
 No brand [
which in the opinion of the commissioner
] 
that
 is identical or
confusingly similar to a brand previously filed in the central brand and mark registry shall be
recorded.
(b)
 If [
it appears that two or more
] 
two or more brands or marks appear
 identical or
confusingly similar [
brands or marks have been recorded,
]
:
(i)
 the brand or mark first recorded shall prevail over a later conflicting brand or mark;
[
in which event,
] 
and
(ii)
 the later brand or mark shall be cancelled and all recording fees refunded to the
owner.
(4) 
(a)
 The commissioner shall publish from time to time a list of all brands and marks
recorded in the central Brand and Mark Registry and may issue supplements to such
publication containing additional brands and marks or changes in ownership of brands and
marks recorded after the last publication.
(b)
 The brand book shall contain a facsimile of all brands and marks recorded together
with the owner's name and address.
(c)
 The commissioner shall send one copy of the brand book and each supplement to
each brand inspector, county clerk, county sheriff, livestock organization, and any other person
deemed appropriate.
(d)
 Brand books and supplements shall be available to the public at the cost of printing
and distribution per book or supplement.
Section 256. Section 
4-24-202
, which is renumbered from Section 4-24-7 is
renumbered and amended to read:
[
4-24-7
].
 4-24-202.
Recordation of brand or mark.
(1) 
(a)
 Application for a recorded brand or mark shall be made to the department upon
forms prescribed and furnished by [
it
] 
the department
.
(b)
 The application shall contain such information as the commissioner prescribes.
(c)
 No application shall be approved without payment of the appropriate recording fee.
(d)
 Upon receipt of a proper application, payment of the recording fee, and recordation
of the brand or mark in the central Brand or Mark Registry of the department, the
commissioner shall issue the applicant a certified copy of recording [
which
] 
that
 entitles the
applicant to the exclusive use of the brand or mark recorded.
(2) 
(a)
 Each recorded brand or mark filed with the central Brand and Mark Registry
shall expire during the calendar year 1980, and during each fifth year thereafter.
(b)
 The department shall give notice in writing to all persons who are owners of
recorded brands and marks within a reasonable time prior to the date of expiration of
recordation.
(c)
 Brand or mark renewal is effected by filing an appropriate application with the
department together with payment of the renewal fee.
(d)
 A recorded brand or mark, not timely renewed, shall lapse and be removed from the
central Brand and Mark Registry.
Section 257. Section 
4-24-203
, which is renumbered from Section 4-24-8 is
renumbered and amended to read:
[
4-24-8
].
 4-24-203.
Fees for recordation, transfer, renewal, and certified
copies of brands and marks.
(1)
 The department, with the approval of the Livestock Brand Board, shall charge and
collect fees for the recordation, transfer, and renewal of any brand or mark in each position, and
may charge a fee for a certified copy of the recordation.
(2)
 The fees shall be determined by the department pursuant to Subsection [
4-2-2
]
4-2-103
(2).
Section 258. Section 
4-24-204
, which is renumbered from Section 4-24-9 is
renumbered and amended to read:
[
4-24-9
].
 4-24-204.
Effect of recorded brand or mark -- Transfer --
Reservation of certain brands.
[
The
] 
(1) Except as provided in Subsection (2), the
 owner of a recorded brand or mark
has a vested property right in [
it which
] 
the brand or mark that
 is transferable by a duly
acknowledged instrument[
;
]
,
 provided[
,
] that a transferee has no rights in the brand or mark
until the instrument of transfer is recorded with the department. [
No
]
(2) Notwithstanding any other provision of this chapter:
(a) no
 person [
however,
] other than a member of the Ute Indian Tribe has any vested
property right in the brand "ID" which is reserved exclusively for use by members of the Ute
Indian Tribe on the Uintah and Ouray Reservation
;
 and
(b)
 no person other than a member of the Navajo Indian Tribe has any vested right in
the brand "- N" (Bar N) which is reserved exclusively for use by members of the Navajo Indian
Tribe on the Navajo Indian Reservation [
so
] 
as
 long as it appears on the left shoulder of the
animal branded.
(3)
 The left jaw of cattle is reserved exclusively for use by the department to identify
diseased cattle.
Section 259. Section 
4-24-205
, which is renumbered from Section 4-24-10 is
renumbered and amended to read:
[
4-24-10
].
 4-24-205.
Livestock on open range or outside enclosure to be
marked or branded -- Cattle upon transfer of ownership to be marked or branded --
Exceptions.
(1) (a) Except as provided in Subsections (1)(b) and (c), no livestock shall forage upon
an open range in this state or outside an enclosure unless they bear a brand or mark recorded in
accordance with this chapter.
(b) Swine, goats, and unweaned calves or colts are not required to bear a brand or mark
to forage upon open range or outside an enclosure.
(c) Domesticated elk may not forage upon open range or outside an enclosure under
any circumstances as provided in Chapter 39, Domesticated Elk Act.
(2) (a) Except as provided in Subsection (2)(b), all cattle, upon sale or other transfer of
ownership, shall be branded or marked with the recorded brand or mark of the new owner
within 30 days after transfer of ownership.
(b) No branding or marking, upon change of ownership, is required within the 30-day
period for:
(i) unweaned calves;
(ii) registered or certified cattle;
(iii) youth project calves, if the number transferred is less than five; or
(iv) dairy cattle held on farms.
Section 260. Section 
4-24-301
, which is renumbered from Section 4-24-6 is
renumbered and amended to read:
Part 3. Inspections
[
4-24-6
].
 4-24-301.
State may be divided into brand inspection districts --
Description filed with county clerk and sheriff.
(1)
 The commissioner, to facilitate and improve brand inspection, may divide the state
into brand inspection districts.
(2)
 A description covering each district shall be filed by the department with each
county clerk and county sheriff in the state.
(3)
 District boundaries may be changed as considered necessary by the commissioner,
with the approval of the Livestock Brand Board.
(4)
 Brand inspection stations within brand inspection districts may be located and
established by the commissioner to assist in the enforcement of this chapter.
Section 261. Section 
4-24-302
, which is renumbered from Section 4-24-11 is
renumbered and amended to read:
[
4-24-11
].
 4-24-302.
Certificate of brand inspection necessary to carry out
change of ownership -- Exception.
[
(1) Except as provided in Subsection (2), the
] 
The
 ownership of cattle, horses,
domesticated elk, or mules may not be transferred to any other person, through sale or
otherwise, without a certificate of brand inspection issued by a department brand inspector.
[
(2) (a) A brand inspection is not required to transfer ownership of dairy calves from
the farm of origin under 60 days of age.
]
[
(b) Any person who transports dairy calves that have not been brand inspected
pursuant to Subsection (2)(a) shall be required to show a sales invoice upon request.
]
Section 262. Section 
4-24-303
, which is renumbered from Section 4-24-12 is
renumbered and amended to read:
[
4-24-12
].
 4-24-303.
Livestock -- Verification of ownership through brand
inspection -- Issuance of certificate of brand inspection -- Brand inspector may demand
evidence of ownership -- Brand inspection of livestock seized by the federal government
prohibited -- Exception.
(1) A brand inspector, as an agent of the department, shall verify livestock ownership
by conducting a brand inspection during daylight hours.
(2) After conducting the brand inspection, the brand inspector, if satisfied that the
livestock subject to inspection bears registered brands or marks owned by the owner of the
livestock, shall issue a brand inspection certificate to the owner or owner's agent.
(3) The brand inspector shall record the number, sex, breed, and brand or mark on each
animal inspected together with the owner's name.
(4) If any livestock subject to inspection bears a brand or mark other than that of the
owner
,
 or[
,
] if no brand or mark appears on such livestock, the brand inspector may demand
evidence of ownership [
such as a bill of sale or other evidence of ownership
] before issuing a
brand inspection certificate.
(5) A brand inspector may not issue a brand inspection certificate for any privately
owned livestock seized by the federal government unless:
(a) the brand inspector receives consent from the livestock's owner;
(b) the owner is unknown; or
(c) the brand inspector receives a copy of a court order authorizing the seizure.
Section 263. Section 
4-24-304
, which is renumbered from Section 4-24-13 is
renumbered and amended to read:
[
4-24-13
].
 4-24-304.
Brand inspection required before slaughter -- Exceptions.
(1) Except as provided in Subsection (2), a brand inspection is required before any
cattle, calves, horses, domesticated elk, or mules are slaughtered.
(2) A person may slaughter cattle, calves, horses, or mules for that person's own use
without a brand inspection if the requirements of [
Subsection 
4-32-4
(2)
] 
Section 
4-32-106
 are
met.
Section 264. Section 
4-24-305
, which is renumbered from Section 4-24-14 is
renumbered and amended to read:
[
4-24-14
].
 4-24-305.
Transportation by air or rail -- Brand inspection required
-- Application for brand inspection -- Time and place of inspection.
(1) Except as provided in Subsection (2), no person may offer, or railroad or airline
company accept, any cattle, calves, horses, domesticated elk, or mules for transport until they
have been brand inspected.
(2) Before cattle, calves, horses, domesticated elk, or mules are transported by rail or
air, the shipper shall:
(a) request the department to inspect the brands and marks of the animals being
transported; and
(b) specify the time and place where the animals may be inspected.
[
(3) Cattle, calves, horses, domesticated elk, or mules transported by rail or air shall be
brand inspected:
]
[
(a) at a stockyard or at the initial point of shipment; or
]
[
(b) if approved by the department, at a point or station along the transportation route.
]
[
(4) The department shall conduct the inspection at the time and place specified by the
shipper or at any other time and place as determined by the department.
]
Section 265. Section 
4-24-306
, which is renumbered from Section 4-24-15 is
renumbered and amended to read:
[
4-24-15
].
 4-24-306.
Movement across state line -- Brand inspection required
-- Exception -- Request for brand inspection -- Time and place of inspection.
(1) Except as provided in Subsection (2), a person may not drive or transport any cattle,
calves, horses, domesticated elk, or mules from any place within this state to a place outside
this state until they have been brand inspected.
(2) Subsection (1) does not apply if the animals specified in Subsection (1) customarily
forage on an open range which transgresses the Utah state line and that of an adjoining state.
(3) The owner or person responsible for driving or transporting the animals shall[
: (a)
]
request the department to inspect the brands and marks of the animals to be moved[
; and
]
.
[
(b) specify the time and place where the animals may be inspected.
]
(4) The department shall conduct the inspection at the time and place [
specified by the
owner or responsible person or at any other time and place as
] determined by the department.
Section 266. Section 
4-24-307
, which is renumbered from Section 4-24-17 is
renumbered and amended to read:
[
4-24-17
].
 4-24-307.
Transportation of sheep, cattle, domesticated elk, horses,
or mules -- Brand certificate or other evidence of ownership required -- Transit permit --
Contents.
(1) No person may transport any sheep, cattle, horses, domesticated elk, or mules
without having an official state brand certificate or other proof of ownership in his possession.
(2) Each person transporting livestock for another person shall have a transit permit
signed by the owner or the owner's authorized agent specifying the:
(a) name of the person driving the vehicle;
(b) date of transportation;
(c) place of origin or loading;
(d) destination;
(e) date of issuance; [
and
]
(f) number of animals being transported[
.
]
; and
(g) full description of an animal being transported.
Section 267. Section 
4-24-308
, which is renumbered from Section 4-24-21 is
renumbered and amended to read:
[
4-24-21
].
 4-24-308.
Brand inspection fees.
(1)
 The department with the approval of the Livestock Brand Board may set and collect
a fee for the issuance of any certificate of brand inspection.
(2)
 Brand inspection fees incurred for the inspection of such animals at a livestock
market may be withheld by the market and paid from the proceeds derived from their sale.
(3)
 The fee shall be determined by the department pursuant to Subsection [
4-2-2
]
4-2-103
(2).
Section 268. Section 
4-24-309
, which is renumbered from Section 4-24-16.3 is
renumbered and amended to read:
[
4-24-16.3
].
 4-24-309.
Livestock emergency.
(1) As used in this section, "livestock emergency" means:
(a) the presence of a contagious, infectious, or transmissible disease risk to livestock;
or
(b) a natural disaster which may affect livestock.
(2) During a livestock emergency, the department may require a person transporting
livestock to present the livestock for brand inspection.
Section 269. Section 
4-24-401
, which is renumbered from Section 4-24-18 is
renumbered and amended to read:
Part 4. Sale, Transfer, and Travel
[
4-24-18
].
 4-24-401.
Hides and pelts -- Bill of sale to accompany purchase --
Purchaser to maintain records -- Hides and records examination and inspection.
(1) 
(a)
 Any person who buys a hide or pelt shall secure a bill of sale from the seller.
(b)
 The bill of sale shall be executed in duplicate[
;
] 
with
 one copy being retained by the
seller and the other by the buyer.
(c)
 The bill of sale shall specify the number of hides or pelts sold and the brand or
mark borne by each hide [
and
] 
or
 pelt.
(2) 
(a)
 Each hide buyer within this state shall maintain a record specifying the name
and address of the seller, date of purchase, and the brands or other identification found on the
hides and pelts purchased.
(b)
 The hides and records of any hide buyer are subject to examination and inspection
by the department at reasonable times and places.
Section 270. Section 
4-24-402
, which is renumbered from Section 4-24-19 is
renumbered and amended to read:
[
4-24-19
].
 4-24-402.
Livestock markets -- Records to be maintained --
Retention of records -- Schedule of fees and charges to be posted.
(1) Each owner or operator of a livestock market shall keep a record of:
(a) the date each consignment of livestock is received for sale together with the number
of each type of livestock within such consignment;
(b) the name and address of each buyer;
(c) the date of sale and the number and species of livestock purchased by each buyer;
and
(d) the 
description and
 brand or mark appearing on each animal at the time of sale to
the buyer.
(2) The records mandated by this section shall be retained for a period of two years
from the date on which the livestock market sold the livestock.
(3) A schedule of all fees and commission rates charged by the livestock market shall
be posted in a conspicuous place on the premises of each market.
(4) A statement of the gross sales price, commission, and other fees charged for the
sale of each consignment shall be available for inspection by the department, and a copy
furnished the owner or consignor of the livestock.
Section 271. Section 
4-24-403
, which is renumbered from Section 4-24-31 is
renumbered and amended to read:
[
4-24-31
].
 4-24-403.
Websites promoting the sale of livestock.
(1) A website, created and maintained within the state, that markets the sale of
livestock shall have the following statement clearly visible on each web page that displays
advertised livestock: "Legality of Sales and Purchase, Health Laws. If you sell or purchase
livestock on this site, you shall comply with all applicable legal requirements governing the
transfer and shipment of livestock, including [
Utah Code
] Title 4, Chapter 24, Utah Livestock
Brand and Anti-Theft Act, and Title 4, Chapter 31, Control of Animal Disease. Please contact
the Utah Department of Agriculture and Food at 801-538-7137 with any questions."
(2) A person who violates this section shall be subject to the penalties described in
Section [
4-24-32
] 
4-24-506
.
Section 272. Section 
4-24-404
, which is renumbered from Section 4-24-20 is
renumbered and amended to read:
[
4-24-20
].
 4-24-404.
Livestock sold at market to be brand inspected --
Proceeds of sale may be withheld -- Distribution of withheld proceeds -- Effect of receipt
of proceeds by department -- Deposit of proceeds -- Use of proceeds if ownership not
established.
(1) 
(a)
 Livestock may not be sold at any livestock market until after they have been
brand inspected by the department. [
Title
]
(b) The livestock market shall furnish to the buyer title
 to purchased livestock [
shall be
furnished to the buyer by the livestock market
].
(2) 
(a)
 Upon notice from the department that a question exists concerning the
ownership of consigned livestock, the operator of the livestock market or meat packing plant
shall withhold the proceeds from the sale of the livestock for 60 days to allow the consignor of
the questioned livestock to establish ownership.
(b)
 If the owner or consignor fails within 60 days to establish ownership to the
satisfaction of the department, the proceeds of the sale shall be transmitted to the department.
(c)
 Receipt of the proceeds by the department shall relieve the livestock market or meat
packing plant from further responsibility for the proceeds.
(3) 
(a)
 Proceeds withheld under Subsection (2) shall be deposited [
in
] 
into
 the Utah
Livestock Brand and Anti-Theft Account created in Section [
4-24-24
] 
4-24-501
.
(b)
 If ownership is not satisfactorily established within one year, the department shall
use the proceeds for animal identification.
Section 273. Section 
4-24-405
, which is renumbered from Section 4-24-22 is
renumbered and amended to read:
[
4-24-22
].
 4-24-405.
Travel permit in lieu of brand inspection certificate --
Fees -- Permit to accompany animal.
(1)
 The department may issue a permit upon the payment of a fee determined by the
department pursuant to Subsection [
4-2-2
] 
4-2-103
(2), in lieu of a certificate of brand
inspection, for the transport of any show horse, show mule, or show cattle [
within or
]
transported from any place within this state to a place
 outside the state.
(2)
 The words "travel permit" shall be stamped or printed on the permit.
(3)
 A permit
:
(a)
 shall accompany each show animal while [
it
] 
the show animal
 is in transit and shall
identify the animal to which [
it
] 
the permit
 applies by age, sex, color, brand, mark, and scars[
.
A travel permit
]
; and
(b)
 is valid for the calendar year of the date of issuance, which date shall appear on the
permit.
Section 274. Section 
4-24-406
, which is renumbered from Section 4-24-23 is
renumbered and amended to read:
[
4-24-23
].
 4-24-406.
Lifetime permit in lieu of brand inspection certificate --
Fees -- Permit to accompany animal -- Transfer.
(1)
 The department may issue a "lifetime" permit upon the payment of a fee determined
by the department pursuant to Subsection [
4-2-2
] 
4-2-103
(2), in lieu of a certificate of brand
inspection, for the transport of any horse or mule within or outside the state.
(2)
 The words "lifetime travel permit" shall be stamped or printed on the permit. The
permit shall accompany each horse or mule while it is in transit and shall identify the animal to
which it applies by age, sex, color, brand, and scars.
(3)
 A lifetime transportation permit is valid for as long as the horse or mule to which it
applies continues to be owned by the person to whom the permit is issued.
(4)
 A lifetime permit is transferable 
to a person within this state
 upon the transfer of
ownership of such an animal, upon application for transfer and the payment of a permit transfer
fee to the department in an amount determined by the department pursuant to Subsection
[
4-2-2
] 
4-2-103
(2).
Section 275. Section 
4-24-501
, which is renumbered from Section 4-24-24 is
renumbered and amended to read:
Part 5. Unlawful Acts and Penalties
[
4-24-24
].
 4-24-501.
Utah Livestock Brand and Anti-Theft Account created --
Deposit of fees -- Purpose of expenditures.
(1) There is created within the General Fund a restricted account known as the Utah
Livestock Brand and Anti-Theft Account.
(2) The following money shall be deposited into the Utah Livestock Brand and
Anti-Theft Account:
(a) money received by the department under any provision of this chapter; and
(b) money received by the department under any provision of Title 4, Chapter 39,
Domesticated Elk Act.
(3) Money in the Utah Livestock Brand and Anti-Theft Account shall be used for the
administration of this chapter and of Title 4, Chapter 39, Domesticated Elk Act.
Section 276. Section 
4-24-502
, which is renumbered from Section 4-24-25 is
renumbered and amended to read:
[
4-24-25
].
 4-24-502.
Unlawful acts specified -- Allegation concerning evidence
of ownership relative to hides.
(1) It is unlawful for any person to:
(a) permit any cattle, calves, horses, mules, or sheep, except unweaned calves or colts,
that are not branded or marked in accordance with this chapter, to forage upon an open range in
this state or outside an enclosure;
(b) brand or mark any livestock with a brand or mark which is not a matter of record on
the central brand and mark registry;
(c) obliterate, change, or remove a recorded brand or mark; or
(d) destroy, mutilate, or conceal any hide with intent to, or for the purpose of, removing
evidence of ownership of the hide, or ownership of the animal from which the hide was
removed.
(2) In any prosecution for violation of this section, the state need not allege the
ownership of the hide, or the animal or carcass from which the hide was removed; the
complaint or information being sufficient if it alleges that ownership is unknown and that the
hide is not the property of the defendant.
Section 277. Section 
4-24-503
, which is renumbered from Section 4-24-26 is
renumbered and amended to read:
[
4-24-26
].
 4-24-503.
Use of vehicle to transport stolen livestock prohibited --
Vehicle subject to seizure and sale -- Procedure for sale -- Defense.
(1) (a)
 No person shall use any vehicle for the transportation of stolen livestock or
carcasses. [
Any
]
(b) A
 vehicle used in transporting stolen livestock or carcasses is subject to seizure and
public sale by the sheriff of the county where [
it
] 
the vehicle
 is found[
. No sale shall be made,
however, until
]
, after
 written notice of the proposed sale is served upon the person in whose
custody the vehicle is found. [
Such
]
(2) A
 person 
who receives the notice described in Subsection (1)(b)
 has 10 days after
service of the notice of proposed sale to respond to the notice, in which event[
,
] no sale shall be
conducted until after the issue of ownership or any other issues are litigated in a court of
competent jurisdiction.
(3)
 A stolen vehicle used for unlawful transportation is not subject to seizure and sale
if the owner of the vehicle is not acting in concert with the thief.
Section 278. Section 
4-24-504
, which is renumbered from Section 4-24-28 is
renumbered and amended to read:
[
4-24-28
].
 4-24-504.
Enforcement -- Brand inspector's powers delineated.
(1) A brand inspector is empowered with the authority of a special function officer for
the purpose of enforcing this chapter and such an inspector may, if [
deemed
] proper, stop any
vehicle carrying livestock or livestock carcasses for the purpose of examining brands, marks,
certificates of brand inspection, and bills of lading or bills of sale relating to the livestock in
transit.
(2) 
(a)
 Brand inspectors may enter any premises where livestock are kept or maintained
for the purpose of examining brands or marks.
(b)
 If admittance is refused, the department may proceed immediately to obtain an ex
parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises
for the purpose of examining brands or marks or other evidence of ownership.
Section 279. Section 
4-24-505
, which is renumbered from Section 4-24-29 is
renumbered and amended to read:
[
4-24-29
].
 4-24-505.
Commissioner authorized to cooperate with local
governments, other states, or federal government in enforcement.
The commissioner is empowered with authority, if [
deemed
] necessary, to cooperate or
enter into cooperative agreements with authorities in any city, town, or county within the state,
or with federal authorities, or with authorities in another state for the purpose of securing
assistance in the administration and enforcement of this chapter.
Section 280. Section 
4-24-506
, which is renumbered from Section 4-24-32 is
renumbered and amended to read:
[
4-24-32
].
 4-24-506.
Penalties.
A person who violates a provision of this chapter:
(1) is guilty of a class B misdemeanor; and
(2) may be subject to administrative fines, payable to the department, of up to $1,000
per violation.
Section 281. Section 
4-25-101
 is enacted to read:
CHAPTER 25. ESTRAYS
Part 1. Organization
 4-25-101.
Title.
This chapter is known as "Estrays."
Section 282. Section 
4-25-102
, which is renumbered from Section 4-25-1 is
renumbered and amended to read:
[
4-25-1
].
 4-25-102.
Definitions.
For the purpose of this chapter:
(1) (a) "Estray" means:
(i) an unbranded sheep, cow, horse, mule, 
or
 ass[
, or domestic mink
] found running at
large;
(ii) a branded sheep, cow, horse, mule, 
or
 ass[
, or domestic mink
] found running at
large whose owner cannot be found after reasonable search; or
(iii) a swine found running at large whose owner cannot be found after reasonable
search.
(b) "Estray" does not mean any unweaned animal specified in this section that is
running with its mother.
(2) "Feral swine" means any species, or hybrid species:
(a) of the family Suidae, including the European boar, the Eurasian boar, the Russian
boar, a feral hog, or a domestic pig;
(b) that is not conspicuously identified by an ear tag or other form of visual
identification; and
(c) that is roaming freely upon public land or private land [
without the permission of
the landowner
].
(3) "Swine" means any domesticated species of the family Suidae that is conspicuously
identified by an ear tag or other form of visible identification.
Section 283. Section 
4-25-103
, which is renumbered from Section 4-25-2 is
renumbered and amended to read:
[
4-25-2
].
 4-25-103.
County responsibility for estrays -- Contracts with other
local governments authorized.
(1)
 Each county is responsible for the disposition of all estrays found within [
its
] 
the
county's
 boundaries.
(2)
 Each county in the discharge of [
its
] 
the county's
 responsibility, however, may
contract upon mutually agreeable terms with any city, town, or other county with an animal
control office to perform any or all of the functions imposed by this chapter.
Section 284. Section 
4-25-104
, which is renumbered from Section 4-25-3 is
renumbered and amended to read:
[
4-25-3
].
 4-25-104.
Department authorized to make and enforce rules.
The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to make and enforce such rules as in [
its
] 
the department's
 judgment are
necessary to administer and enforce this chapter.
Section 285. Section 
4-25-201
, which is renumbered from Section 4-25-4 is
renumbered and amended to read:
Part 2. Management of Estrays
[
4-25-4
].
 4-25-201.
Possession of estrays -- Determination and location of
owner -- Sale -- Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from
liability.
(1) (a) Except as provided in Section [
4-25-5
] 
4-25-202
, a county shall:
(i) take physical possession of an estray [
it
] 
the county
 finds within [
its
] 
county
boundaries; [
and
]
(ii) attempt to determine the name and location of the estray's owner[
.
]
; and
(iii) contact the local brand inspector.
(b) The department shall assist a county that requests its help in determining the name
and location of the owner or other person responsible for the estray.
(c) (i) Notwithstanding the requirements of Title 67, Chapter 4a, Unclaimed Property
Act, if the county cannot determine the estray's owner, or, if having determined ownership,
neither the county nor the department is able to locate the owner within a reasonable period of
time, the estray shall be sold at a livestock or other appropriate market.
(ii) The proceeds of a sale under Subsection (1)(c)(i), less the costs described in
Subsection (1)(c)(iii), shall be paid to the county selling the estray.
(iii) The livestock or other market conducting the sale under Subsection (1)(c)(i) may
deduct the cost of feed, transportation, and other market costs from the proceeds of the sale.
(2) A county shall publish notice of the sale of an estray:
(a) at least once 10 days before the date of the sale; and
(b) 
through electronic means or
 in a publication with general circulation within the
county where the estray was taken into custody.
(3) A purchaser of an estray sold under this section shall receive title to the estray free
and clear of all claims of the estray's owner and a person claiming title through the owner.
(4) A county that complies with the provisions of this section is immune from liability
for the sale of an estray sold at a livestock or other appropriate market.
(5) Notwithstanding the requirements of Subsection (1)(c), a county may employ a
licensed veterinarian to euthanize an estray if the licensed veterinarian determines that the
estray's physical condition prevents the estray from being sold.
Section 286. Section 
4-25-202
, which is renumbered from Section 4-25-5 is
renumbered and amended to read:
[
4-25-5
].
 4-25-202.
Report of estrays -- Possession -- Relief from liability.
(1) As used in this section, "division" means the Division of Wildlife Resources.
(2) A person, other than an official of the county or of an animal control office under
contract with the county, who finds an estray shall report [
it
] 
the estray
 to the county or animal
control office immediately.
(3) Upon receipt of notification under Subsection (2), the county or the animal control
office shall:
(a) take possession of the estray; or
(b) if appropriate, authorize the person in possession of the estray to maintain and care
for [
it
] 
the estray
 pending determination and location of the estray's owner.
(4) A person who gives notice of an estray and delivers [
it
] 
the estray
 to the county or
animal control office is not liable to third parties on account of the estray to the extent of the
value of the animal.
(5) (a) If an employee of the 
department or the
 division, acting in the employee's
official capacity, finds an estray, the employee shall:
(i) comply with the requirements of Subsection (2); and
(ii) make a reasonable attempt to contact the estray's owner.
(b) The county or animal control office receiving a report of an estray from an
employee of the 
department or the
 division shall:
(i) take possession of the estray; or
(ii) authorize the 
department or the
 division in writing or through electronic means to
take possession of the estray.
(c) If the county or animal control office does not comply with Subsection (5)(b)
within 72 hours from the time the division reports an estray, the division may take possession
of the estray.
(d) If the division takes possession of the estray, the division shall:
(i) make a reasonable attempt to return the estray to the estray's owner; or
(ii) if unable to return the estray to the estray's owner, deliver the estray to the county
or animal control office.
(e) If the division is unable to take possession of the estray after a reasonable attempt,
the division may cause the death of the estray if the division determines that the estray presents
a material threat to wildlife by:
(i) predation;
(ii) pathogen transmission; or
(iii) genetic introgression.
(f) If the division causes the death of an estray under Subsection (5)(e), the division
shall:
(i) compensate the owner of the estray at full market value of the estray; or
(ii) if the owner of the estray cannot be determined, deposit an amount equal to the full
market value of the estray into the Agricultural and Wildlife Damage Prevention Account
created in Section [
4-23-7.5
] 
4-23-108
.
(6) Notwithstanding the requirements of Subsection (5), the division may immediately
take possession of an estray or cause an estray to move away from wildlife if the estray presents
an imminent material threat to wildlife by:
(a) predation;
(b) pathogen transmission; or
(c) genetic introgression.
Section 287. Section 
4-25-203
, which is renumbered from Section 4-25-6 is
renumbered and amended to read:
[
4-25-6
].
 4-25-203.
Compensation for care of estrays -- Liability of county --
Notice required.
(1) A person who finds an estray and who, after giving notice is authorized by the
county to maintain and care for [
it
] 
the estray
, is entitled to compensation from the owner, or
from the county, as the case may be, for the reasonable costs of feeding and maintaining the
[
animal
] 
estray
; provided, that the county is liable for such cost only if the owner is not located
after diligent search.
(2) No person who finds an estray however, is entitled to reimbursement for feed and
maintenance or for any other cost incurred on behalf of the estray before such time as notice of
the estray is given to the county or to the appropriate animal control office.
Section 288. Section 
4-25-204
, which is renumbered from Section 4-25-7 is
renumbered and amended to read:
[
4-25-7
].
 4-25-204.
County legislative body authorized to adopt fence
ordinance -- Lawful fence to be specified by ordinance -- Dividing the county into
divisions for different fencing regulations.
(1) A county legislative body may, by ordinance, declare and enforce a general policy
within the county for the fencing of farms, subdivisions, or other private property[
,
] to allow
domestic animals to graze without trespassing on farms, subdivisions, or other private property.
(2) If an ordinance is adopted under Subsection (1), the county legislative body:
(a) shall through ordinance declare and specify what constitutes a lawful fence; and
(b) may divide the county into divisions and prescribe different fencing regulations for
each division.
Section 289. Section 
4-25-205
, which is renumbered from Section 4-25-8 is
renumbered and amended to read:
[
4-25-8
].
 4-25-205.
Owner liable for trespass of animals -- Exception --
Intervention by county representative.
(1) The owner of any [
neat
] cattle, horse, ass, mule, sheep, goat, or swine that
trespasses upon the premises of another person, except in cases where the premises are not
enclosed by a lawful fence in a county or municipality that has adopted a fence ordinance, is
liable in a civil action to the owner or occupant of the premises for any damage inflicted by the
trespass.
(2) A county representative may intervene to remove the animal and the county is
entitled to fair compensation for costs incurred. If the animal is not claimed within 10 days
after written notification is sent to [
its
] 
the animal's
 owner, a county representative may sell the
animal to cover costs incurred.
(3) Notwithstanding Subsections (1) and (2), the owner of any [
neat
] cattle, horse, ass,
mule, sheep, goat, or swine that trespasses upon the premises of another person is not liable in
a civil action to the owner or occupant of the premises for damage inflicted by the trespass if:
(a) the animal enters the premises from an historic livestock trail, as defined in Section
57-13b-102
; and
(b) the premises that was trespassed is not enclosed by an adequate fence at the time
the trespass occurs.
Section 290. Section 
4-25-206
, which is renumbered from Section 4-25-9 is
renumbered and amended to read:
[
4-25-9
].
 4-25-206.
Animals running at large -- Prohibition -- Limited
exception.
[
No
] 
(1) Except as provided in Subsection (2), no
 person who owns or is in possession
of a stallion, jack, or ridgeling over 18 months old, or a ram over three months old, shall permit
[
it
] 
the animal
 to run at large within the limits of, or on the summer range of, any town or
settlement[
; provided, that two-thirds
]
.
(2) Two-thirds
 of the voters of any county or isolated part of a county may elect
through an election to make this section ineffective in all or part of the county during part of
the year.
Section 291. Section 
4-25-301
, which is renumbered from Section 4-25-12 is
renumbered and amended to read:
[
4-25-12
].
 4-25-301.
Allowing swine to run at large -- Class B misdemeanor.
(1) A person is guilty of a class B misdemeanor if the person:
(a) is in control of a swine; and
(b) allows the swine to run at large.
(2) A person described in Subsection (1) is liable for damage caused by the swine
running at large.
Section 292. Section 
4-25-302
, which is renumbered from Section 4-25-12.1 is
renumbered and amended to read:
[
4-25-12.1
].
 4-25-302.
Release of swine or feral swine for any purpose.
A person [
may not release
] 
is guilty of a third degree felony if the person releases
 a:
(1) swine on public or private property for hunting purposes; or
(2) feral swine on public or private property for any purpose.
Section 293. Section 
4-25-303
, which is renumbered from Section 4-25-12.3 is
renumbered and amended to read:
[
4-25-12.3
].
 4-25-303.
Feral swine detrimental to state's interests -- Seizure,
capture, or destruction of feral swine.
(1) Feral swine are detrimental to the state's interests in agriculture and wildlife.
(2) Feral swine may be seized, captured, or destroyed at any time, in any place, and in
any manner by:
(a) the department and [
its
] 
the department's
 authorized agents;
(b) the Division of Wildlife Resources and [
its
] 
the Division of Wildlife Resources
authorized agents; or
(c) a certified peace officer.
(3) (a) Notwithstanding Section 
76-9-301
, and subject to the requirements of this
section, an individual may kill a feral swine roaming on private or public land.
(b) An individual shall obtain the consent of the landowner before killing a feral swine
on private land.
(c) Feral swine may be killed:
(i) year-round;
(ii) in any number; and
(iii) with a firearm, bow and arrow, or crossbow.
(4) Feral swine may not be hunted or killed under Subsection (3)(c):
(a) with the use of artificial light or night vision equipment, except as authorized by
county ordinance; or
(b) from or with any airborne vehicle or device, except as provided in Section [
4-23-6
]
4-23-106
.
(5) An individual may not receive compensation, or attempt to receive compensation,
from hunting feral swine.
(6) An 
authorized
 individual who kills a swine under this section is not liable to the
owner for the loss of the swine, unless:
(a) the swine is conspicuously identified by an ear tag or other form of visual
identification; and
(b) the individual who killed the swine knew the swine was identified by an ear tag or
other form of usual identification.
Section 294. Section 
4-25-401
, which is renumbered from Section 4-25-14 is
renumbered and amended to read:
Part 4. Impounded Livestock
[
4-25-14
].
 4-25-401.
Impounded livestock -- Determination and location of
owner -- Sale -- Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from
liability.
(1) As used in this section, "impounded livestock" means the following animals seized
and retained in legal custody:
(a) cattle;
(b) calves;
(c) horses;
(d) mules;
(e) sheep;
(f) goats;
(g) hogs; or
(h) domesticated elk.
(2) (a) A county may:
(i) take physical possession of impounded livestock seized and retained within its
boundaries; and
(ii) attempt to determine the name and location of the impounded livestock's owner.
(b) The department shall assist a county who requests help in locating the name and
location of the owner or other person responsible for the impounded livestock.
(c) (i) Notwithstanding the requirements of Title 67, Chapter 4a, Unclaimed Property
Act, if the county cannot determine ownership of the impounded livestock, or, if having
determined ownership, neither the county nor the department is able to locate the owner within
a reasonable period of time, the impounded livestock shall be sold at a livestock or other
appropriate market.
(ii) The proceeds of a sale under Subsection (2)(c)(i), less the costs described in
Subsection (2)(c)(iii), shall be paid to the State School Fund created by the Utah Constitution
,
Article X, Section 5, Subsection (1).
(iii) The livestock or other market conducting the sale under Subsection (2)(c)(i) may
deduct the cost of feed, transportation, and other market costs from the proceeds of the sale.
(3) A county shall publish the intended sale of the impounded livestock:
(a) at least 10 days [
prior to
] 
before
 the date of sale; and
(b) 
through electronic means or
 in a publication with general circulation within the
county where the impounded livestock was taken into custody.
(4) A purchaser of impounded livestock sold under this section shall receive title to the
impounded livestock free and clear of all claims of the livestock's owner or a person claiming
title through the owner.
(5) If a county complies with the provisions of this section, [
it
] 
the county
 is immune
from liability for the sale of impounded livestock sold at a livestock or other appropriate
market.
(6) Notwithstanding the requirements of Subsection (2)(c), a county may employ a
licensed veterinarian to euthanize an impounded livestock if the licensed veterinarian
determines that the impounded livestock's physical condition prevents the impounded livestock
from being sold.
Section 295. Section 
4-26-101
 is amended to read:
CHAPTER 26. ENCLOSURES AND FENCES
4-26-101.
Title -- Failure to close entrance to enclosure -- Class C misdemeanor --
Damages.
(1) This chapter is known as "Enclosures and Fences."
(2)
 A person who willfully throws down a fence or opens bars or gates into any
enclosure other than the person's own enclosure or into any enclosure jointly owned or
occupied by such person and others, and leaves [
it
] 
the enclosure
 open
:
(a)
 is guilty of a class C misdemeanor[
,
]
;
 and
(b)
 is liable in damage for any injury sustained by any person as a result of such an act.
Section 296. Section 
4-26-102
 is amended to read:
4-26-102.
Adjoining landowners -- Partition fences -- Contribution.
(1) If two or more persons agree to a fence enclosure or to the construction of a
partition fence, the cost of construction and maintenance of the fence shall be apportioned
between each party to the agreement based upon the amount of land enclosed.
(2) A person who is a party to an agreement described in Subsection (1) and who fails
to maintain such person's part of the fence is liable in a civil action for any damage sustained
by another party to the agreement as a result of the failure to maintain the fence.
(3) 
(a)
 If a person has enclosed land with a fence and the owner of adjoining land
desires to enclose land adjoining the fence so that the existing fence or any part of it will
become a partition fence between such tracts of land, the owner of the adjoining land shall,
before making the enclosure, pay to the owner of the existing fence one-half of the value of all
that part of the fence that will become a partition fence[
; and when one party
]
.
(b) If a person whose land is enclosed, in whole or in part, by a partition fence
 ceases
to improve or cultivate [
his
] 
that person's
 land or opens [
his
] 
the
 enclosure [
he may not take
away any part of the partition fence belonging to him, if the owner or occupant of the adjoining
enclosure within 30 days after notice, pays for the value of such fence; nor shall the partition
fence be removed if the crops enclosed by it will be exposed to injury.
] 
, the person:
(i) shall give notice to the other owner of the partition fence and an opportunity to pay
for the person's reasonable value of the fence;
(ii) may not remove any part of the partition fence until the earlier of:
(A) 30 days after the day on which the person gave notice to the other owner, as
described in Subsection (3)(b)(i); or
(B) the day the other owner pays the person for the person's reasonable value of the
fence; and
(iii) notwithstanding Subsection (3)(b)(ii), may not remove the partition fence if the
crops enclosed by the fence will be exposed to injury.
Section 297. Section 
4-26-103
 is amended to read:
4-26-103.
Definitions -- Qualified landowners' and qualified adjoining
landowners' partition fences -- Contribution -- Civil action for damages.
(1) As used in this section:
(a) "Qualified adjoining landowner" means a private landowner whose land adjoins the
land of a qualified landowner and is used for grazing livestock or as habitat for big game
wildlife and:
(i) is land which qualifies under the definition of "conservation easement" as defined in
Section 
57-18-2
, under Title 57, Chapter 18, Land Conservation Easement Act; or
(ii) is "land in agricultural use" that meets the requirements of Section 
59-2-502
.
(b) "Qualified landowner" means a private landowner whose land is used for grazing
livestock and:
(i) is land which qualifies under the definition of "conservation easement" as defined in
Section 
57-18-2
, under Title 57, Chapter 18, Land Conservation Easement Act; or
(ii) is "land in agricultural use" that meets the requirements of Section 
59-2-502
.
(2) A qualified landowner may require the qualified adjoining landowner to pay for
one-half of the cost of the fence if:
(a) the fence is or becomes a partition fence separating the qualified landowner's land
from that belonging to the qualified adjoining landowner;
(b) the cost is reasonable for that type of fence;
(c) that type of fence is commonly found in that particular area; and
(d) the construction of the fence is no more expensive than the cost for posts, wire, and
connectors.
(3) If the qualified adjoining landowner refuses, the qualified landowner may maintain
a civil action against the qualified adjoining landowner for one-half of the cost of that portion
of the fence.
(4) The cost of the maintenance of the fence shall also be apportioned between each
party based on the amount of land enclosed. A party who fails to maintain that party's part of
the fence is also liable in a civil action for any damage sustained by the other party as a result
of the failure to maintain the fence.
Section 298. Section 
4-26-104
 is amended to read:
4-26-104.
Fencing for bison.
Perimeter fencing intended to hold bison shall meet the following minimum standards:
(1) fence sections and gates shall:
(a) reach a height of at least [
six
] 
eight
 feet above ground level; and
(b) be constructed in a mesh pattern consisting of:
(i) hi-tensile steel wire of at least 14-1/2 gauge;
(ii) a maximum mesh size of six inches by six inches; or
(iii) a material with the strength equivalent of the material described in Subsections
(1)(b)(i) and (ii);
(2) fence posts shall:
(a) (i) be constructed of treated wood at least four inches in diameter; and
(ii) be constructed of a material with the strength equivalent of the material described
in Subsection (2)(a)(i);
(b) reach a height of at least six feet, two inches above ground level;
(c) have at least two feet of length below ground level;
(d) be installed at intervals of no more than 20 feet; and
(e) if located on a corner or connected to a gate, 
be
 braced with wood or the strength
equivalent of wood; and
(3) fence stays shall:
(a) be constructed of treated wood or steel;
(b) be installed at intervals of no more than 10 feet from any fence post; and
(c) reach a height of at least six feet, two inches above ground level.
Section 299. Section 
4-30-101
 is enacted to read:
CHAPTER 30. LIVESTOCK MARKETS
 4-30-101.
Title.
This chapter is known as "Livestock Markets."
Section 300. Section 
4-30-102
, which is renumbered from Section 4-30-1 is
renumbered and amended to read:
[
4-30-1
].
 4-30-102.
Definitions.
For the purpose of this chapter:
(1) "Consignor" or "shipper" means any person who consigns, ships, or delivers
livestock to a livestock market for storage, handling, or sale.
(2) (a) "Livestock market" means a public market place consisting of pens or other
enclosures where all classes of livestock or poultry are received on consignment and kept for
subsequent sale, either through public auction or private sale.
(b) "Livestock market" does not include:
(i) a place used solely for liquidation of livestock by a farmer, dairyman, livestock
breeder, or feeder who is going out of such business; or
(ii) a place where an association of livestock breeders or an individual livestock
breeder offers registered livestock or breeding sires for sale and assumes all responsibility for
the sale, guarantees title to the livestock or sires sold, and arranges with the department for
brand inspection of all animals sold.
(3) "Person" means an individual, partnership, corporation, or association.
Section 301. Section 
4-30-103
, which is renumbered from Section 4-30-2 is
renumbered and amended to read:
[
4-30-2
].
 4-30-103.
Livestock Market Committee created -- Composition --
Terms -- Removal -- Compensation -- Duties.
(1) There is created a Livestock Market Committee which consists of the following
seven members appointed to a four-year term of office by the commissioner:
(a) one member recommended by the livestock market operators in the state;
(b) one member recommended by the Utah Cattlemen's Association;
(c) one member recommended by the Utah Dairymen's Association;
(d) one member recommended by the Utah Woolgrowers[
'
] Association;
(e) one member recommended by the horse industry;
(f) one member recommended by the Utah Farm Bureau Federation; and
(g) one member recommended by the Utah Farmers Union.
(2) Notwithstanding the requirements of Subsection (1), the commissioner shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
committee members are staggered so that approximately half of the committee is appointed
every two years.
(3) No more than four members shall be members of the same political party.
(4) (a) The commissioner may remove a member of the committee at the request of the
association or group which recommended the member's appointment.
(b) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(5) The Livestock Market Committee shall elect a chair from its membership, who
shall serve for a term of office of two years, but may be reelected for subsequent terms.
(6) (a) The chair is responsible for the call and conduct of meetings.
(b) Four members constitute a quorum for the transaction of official business.
(7) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(8) The Livestock Market Committee acts as advisor to the department with respect to
the administration and enforcement of this chapter and makes recommendations necessary to
carry out the intent of this chapter to the commissioner.
Section 302. Section 
4-30-104
, which is renumbered from Section 4-30-3 is
renumbered and amended to read:
[
4-30-3
].
 4-30-104.
Department authorized to make and enforce rules.
The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to make and enforce such rules [
as in its judgment are
] necessary to
administer and enforce this chapter.
Section 303. Section 
4-30-105
, which is renumbered from Section 4-30-4 is
renumbered and amended to read:
[
4-30-4
].
 4-30-105.
License required -- Application -- Fee -- Expiration --
Renewal.
(1) (a) No person may operate a livestock market in this state without a license issued
by the department.
(b) Application for a license shall be made to the department upon forms prescribed
and furnished by [
it. The
] 
the department, and the
 application shall specify:
(i) if the applicant is an individual, the name, address, and date of birth of the
applicant; or
(ii) if the applicant is a partnership, corporation, or association, the name, address, and
date of birth of each person who has a financial interest in the applicant and the amount of each
person's interest;
(iii) a certified statement of the financial assets and liabilities of the applicant detailing:
(A) current assets;
(B) current liabilities;
(C) long-term assets; and
(D) long-term liabilities;
(iv) a legal description of the property where the market is proposed to be located, [
its
]
the property's
 street address, and a description of the facilities proposed to be used in
connection with [
it
] 
the property
;
(v) a schedule of the charges or fees the applicant proposes to charge for each service
rendered; and
(vi) a detailed statement of the trade area proposed to be served by the applicant, the
potential benefits which will be derived by the livestock industry, and the specific services the
applicant intends to render at the livestock market.
(2) (a) Upon receipt of a proper application, payment of a license fee in an amount
determined by the department pursuant to Subsection [
4-2-2
] 
4-2-103
(2), and a favorable
recommendation by the Livestock Market Committee, the commissioner, if satisfied that the
convenience and necessity of the industry and the public will be served, shall issue a license
allowing the applicant to operate the livestock market proposed in the application valid through
December 31 of the year in which the license is issued, subject to suspension or revocation for
cause.
(b) A livestock market license is annually renewable on or before December 31 of each
year upon the payment of an annual license renewal fee in an amount determined by the
department pursuant to Subsection [
4-2-2
] 
4-2-103
(2).
(3) No livestock market original or renewal license may be issued until the applicant
has provided the department with a certified copy of a surety bond filed with the United States
Department of Agriculture as required by the Packers and Stockyards Act, 1921, 7 U.S.C. 
Section 181 et seq.
Section 304. Section 
4-30-106
, which is renumbered from Section 4-30-5 is
renumbered and amended to read:
[
4-30-5
].
 4-30-106.
Hearing on license application -- Notice of hearing.
(1) Upon the filing of an application, the chairman of the Livestock Market Committee
shall set a time for hearing on the application in the city or town nearest the proposed site of the
livestock market and cause notice of the time and place of the hearing together with a copy of
the application to be forwarded by mail, not less than 15 days before the hearing date, to the
following:
(a) each licensed livestock market operator within the state; and
(b) each livestock or other interested association or group of persons in the state that
has filed written notice with the committee requesting receipt of notice of such hearings.
(2) Notice of the hearing shall be published 14 days before the scheduled hearing date:
(a) in a daily or weekly newspaper of general circulation within the city or town where
the hearing is scheduled; and
(b) on the Utah Public Notice Website created in Section 
63F-1-701
.
Section 305. Section 
4-30-107
, which is renumbered from Section 4-30-6 is
renumbered and amended to read:
[
4-30-6
].
 4-30-107.
Livestock Market Committee -- Guidelines delineated for
decision on application.
(1) The Livestock Market Committee in determining whether to recommend approval
or denial of the application shall consider:
(a) the applicant's proven or potential ability to comply with the Packers and
Stockyards Act, 7 U.S.C. Sec. 221 through 229b;
(b) the financial stability, business integrity, and fiduciary responsibility of the
applicant;
(c) the livestock marketing benefits which potentially will be derived from the
establishment and operation of the public livestock market proposed;
(d) the need for livestock market services in the trade area proposed;
(e) the adequacy of the livestock market location and facilities proposed in the
application, including facilities for health inspection and testing;
(f) whether the operation of the proposed livestock market is likely to be permanent;
and
(g) the economic feasibility of the proposed livestock market based on competent
evidence.
(2) Any interested person may appear at the hearing on the application and give an
opinion or present evidence either for or against granting the application.
Section 306. Section 
4-30-108
, which is renumbered from Section 4-30-7 is
renumbered and amended to read:
[
4-30-7
].
 4-30-108.
Transfer of livestock market license permitted --
Conditions.
(1) No livestock market license is transferable to another person without the prior
approval of the commissioner.
(2) A change in the membership of a partnership or association, or the sale or transfer
of a 25% or greater interest in the stock ownership of a corporate livestock market shall be
considered a transfer of the livestock market license and is subject to the requirements of this
section.
(3) Application to allow transfer of a livestock market license shall be made to the
department on a form prescribed and furnished by [
it
] 
the department
.
(4) The commissioner may grant a transfer of the license:
(a) if the proposed transferee meets all the requirements specified for an original
license in Section [
4-30-4
] 
4-30-105
; and
(b) based on the criteria specified in Section [
4-30-6
] 
4-30-107
.
Section 307. Section 
4-30-109
, which is renumbered from Section 4-30-7.5 is
renumbered and amended to read:
[
4-30-7.5
].
 4-30-109.
Financial responsibility.
Each livestock market shall maintain a financial condition of total assets in excess of
total liabilities, including total current assets in excess of total current liabilities.
Section 308. Section 
4-30-110
, which is renumbered from Section 4-30-7.6 is
renumbered and amended to read:
[
4-30-7.6
].
 4-30-110.
Custodial accounts for trust funds.
(1) (a) Each payment that a livestock buyer makes to a livestock market selling on
commission is a trust fund.
(b) Funds deposited [
in
] 
into
 custodial accounts are trust funds.
(2) Each livestock market engaged in selling livestock on a commission or agency
basis shall establish and maintain a separate bank account designated as "custodial account for
shippers' proceeds
,
" or some similar identifying designation, to disclose that the depositor is
acting as a fiduciary and that the funds in the account are trust funds.
(3) (a) The livestock market shall deposit [
in
] 
into
 its custodial account before the close
of the next business day after the livestock is sold:
(i) the proceeds 
that have been collected
 from the sale of the livestock [
that have been
collected
]; and
(ii) an amount equal to the proceeds receivable from the sale of livestock that are due
from:
(A) the livestock market;
(B) any owner, officer, or employee of the livestock market; and
(C) any buyer to whom the livestock market has extended credit.
(b) The livestock market shall thereafter deposit [
in
] 
into
 the custodial account all
proceeds collected until the account has been reimbursed in full[
,
] and shall, before the close of
the seventh day following the sale of livestock, deposit an amount equal to all the remaining
proceeds receivable 
regardless of
 whether [
or not
] the proceeds have been collected by the
livestock market.
(4) The custodial account shall be drawn on only [
for payment of
]:
(a) 
for payment of
 the net proceeds to the consignor or shipper, or to any person that
the livestock market knows is entitled to payment;
(b) to pay lawful charges against the consignment of livestock which the market agency
shall, in its capacity as agent, be required to pay; and
(c) to obtain any sums due the livestock market as compensation for its services.
(5) (a) Each livestock market shall keep accounts and records that will disclose at all
times the handling of funds in the custodial account.
(b) Accounts and records shall at all times disclose the name of the consignors and the
amount due and payable to each from funds in the custodial account.
(6) The custodial account shall be established and maintained in a bank whose deposits
are insured by the Federal Deposit Insurance Corporation.
Section 309. Section 
4-30-111
, which is renumbered from Section 4-30-8 is
renumbered and amended to read:
[
4-30-8
].
 4-30-111.
Weighman license required -- Application -- Fee -- Bond
-- Expiration -- Renewal.
(1) 
(a)
 No person may act as a weighman at a livestock market without a license from
the department.
(b)
 Application for a weighman's license shall be made to the department upon forms
prescribed and furnished by [
it
] 
the department
.
(c)
 Upon receipt of a proper application, payment of a license fee in an amount
determined by the department pursuant to Subsection [
4-2-2
] 
4-2-103
(2), and deposit of either
a corporate surety bond or trust fund agreement with the department in the principal amount of
$1,000, the commissioner shall issue a license allowing the applicant to act as a weighman
through December 31 of the year in which the license is issued, subject to suspension or
revocation for cause.
(d)
 A weighman's license is annually renewable on or before December 31 of each year
upon the payment of an annual license renewal fee in an amount determined by the department
pursuant to Subsection [
4-2-2
] 
4-2-103
(2).
(2) 
(a)
 Each weighman's surety bond shall be written by a surety licensed under the
laws of Utah and name the state, as obligee, for the use and benefit of persons who consign
livestock to a livestock market.
(b)
 The bond shall further be conditioned for the faithful and accurate weighing of
livestock consigned to a livestock market[
,
] and for the payment of court costs and [
a
]
reasonable [
attorney's fee
] 
attorney fees
 to the prevailing party incident to any suit brought
upon the bond.
Section 310. Section 
4-30-112
, which is renumbered from Section 4-30-9 is
renumbered and amended to read:
[
4-30-9
].
 4-30-112.
Suspension or revocation of license -- Grounds.
The department is authorized to suspend or revoke the license of any livestock market
or livestock market weighman who:
(1) violates any provision of this chapter or any rule [
promulgated
] 
made
 under this
chapter; or
(2) engages in any fraudulent or deceitful activity.
Section 311. Section 
4-31-105
 is amended to read:
4-31-105.
Outbreak of contagious or infectious disease -- Assistance of federal
authorities.
If there is an outbreak of contagious or infectious disease among domestic animals in
this state that imperils livestock [
in adjoining states
], the commissioner [
shall seek
] 
may
request
 the assistance of the United States Department of Agriculture, Animal and Plant Health
Inspection Service
,
 in preventing the spread of the disease to other states.
Section 312. Section 
4-31-106
 is amended to read:
4-31-106.
Epidemic of contagious or infectious disease -- Condemnation or
destruction of infected or exposed livestock -- Destruction of other property.
(1) If there is an outbreak of contagious or infectious 
foreign animal
 disease of
epidemic proportion among domestic animals in this state that imperils livestock, the
commissioner, with approval of the governor, may condemn, destroy, or dispose of any
infected livestock or any livestock exposed to[
, or deemed
] 
the disease or considered
 by the
commissioner capable of[
,
] communicating 
the
 disease to other domestic animals.
(2) The commissioner may, with gubernatorial approval, condemn and destroy any
barns, sheds, corrals, pens, or other property necessary to prevent the spread of contagion or
infection.
Section 313. Section 
4-31-107
 is amended to read:
4-31-107.
Appraisal of fair market value before destruction.
(1) Before any livestock or property is [
condemned and
] destroyed under Section
4-31-106
, an appraisal of the fair market value of the livestock or other property shall be
forwarded to the commissioner by a panel of three qualified appraisers appointed as follows:
(a) one by the commissioner;
(b) one by the owner of the livestock or other property subject to condemnation; and
(c) one by the appraisers specified in Subsections (1)(a) and (b).
(2) After review, the commissioner shall forward the appraisal to the board of
examiners described in Subsection 
63G-9-201
(2)[
,
] together with the commissioner's
recommendation concerning the amount, if any, that should be allowed.
(3) Any costs incurred in the appraisal shall be paid by the state.
Section 314. Section 
4-31-108
 is amended to read:
4-31-108.
Euthanasia for postmortem examination.
The commissioner may order the [
slaughter and post-mortem
] 
euthanasia and
postmortem
 examination of a diseased domestic animal if the exact nature of the animal's
disease is not readily [
ascertained
] 
determined
 through other means.
Section 315. Section 
4-31-109.1
 is amended to read:
4-31-109.1.
Trichomoniasis fines.
(1) A person who knowingly sells a bull infected with trichomoniasis, other than to
slaughter, without declaring the disease status of the animal shall be subject to citation and
fines as prescribed by the department or may be called to appear before an administrative
proceeding by the department, as established by rule in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, and Section 
4-31-109
.
(2) After May 15 of each calendar year, an owner of a bull that has not been tested for
trichomoniasis [
shall
] 
may
 be fined $1,000 per [
violation
] 
bull
.
(3) An owner of a bull that has not been tested for trichomoniasis and that has been
exposed to female cattle [
shall
] 
may
 be fined $1,000 per [
violation
] 
animal
 regardless of the
time of year.
Section 316. Section 
4-31-113
 is amended to read:
4-31-113.
Restrictions on movement of infected or exposed animals.
(1) A person who owns or has possession of an animal and knows that the animal is
infected with, or has been exposed to, any contagious or infectious disease[
,
] may not:
(a) permit the animal to run at large[
,
] or come in contact with[
,
] an animal that can be
infected; or
(b) sell, ship, trade, or give away [
an
] 
the
 infected animal without disclosing that the
animal is diseased or has been exposed to disease.
(2) A person who violates Subsection (1) is liable to the owner or occupant of the
premises for any damage inflicted by an infected animal.
[
(2)
] 
(3)
 The provisions of this section do not apply to protected wildlife that is:
(a) living in nature; and
(b) under the jurisdiction of the Division of Wildlife Resources.
Section 317. Section 
4-31-114
 is amended to read:
4-31-114.
Report of vesicular disease.
(1) A person who identifies symptoms of vesicular disease in livestock shall
immediately report it to the department.
(2) Failure of a veterinarian licensed in this state to report 
to the department
 a
diagnosed case of vesicular disease [
to the department
] constitutes ground for the revocation of
such veterinarian's license.
(3) Failure by an owner of livestock to report symptoms of vesicular disease among the
owner's livestock constitutes forfeiture of the right to claim an indemnity for an animal
[
slaughtered
] 
euthanized
 on account of the disease.
Section 318. Section 
4-31-115
 is amended to read:
4-31-115.
Contagious or infectious disease -- Duties of department.
(1) (a) The department shall investigate and may quarantine any reported case of
contagious or infectious disease, or any epidemic[
,
] or poisoning
,
 affecting a domestic animal
or an animal that the department believes may jeopardize the health of animals within the state.
(b) The department shall make a prompt and thorough examination of all
circumstances surrounding the disease, epidemic, or poisoning and may order quarantine, care,
or any necessary remedies.
(c) The department may also order immunization or testing and sanitary measures to
prevent the spread of disease.
(d) [
Investigations
] 
An investigation
 involving fish or wildlife shall be conducted
under a cooperative agreement with the Division of Wildlife Resources.
(2) (a) If the owner or person in possession of such [
animals
] 
an animal
, after written
notice from the department, fails to take the action ordered, the commissioner is authorized to
seize and hold the [
animals
] 
animal
 and take action necessary to prevent the spread of disease,
including immunization, testing, dipping, or spraying.
(b) An animal seized for testing or treatment under this section [
shall
] 
may
 be sold by
the commissioner at public sale to reimburse the department for all costs incurred in the
seizure, testing, treatment, maintenance, and sale of the animal unless the owner, before the
sale, tenders payment for the costs incurred by the department.
(c) (i) No seized animal shall be sold until the owner or person in possession 
of the
animal
 is served with a notice specifying the itemized costs incurred by the department [
and
]
,
the time, place, and purpose of sale
,
 and the number of animals to be sold.
(ii) The notice shall be served at least three days in advance of sale in the manner:
(A) prescribed for personal service in Rule 4(d)(1), Utah Rules of Civil Procedure; or
(B) if the owner cannot be found after due diligence, [
in the manner
] prescribed for
service by publication in Rule 4(d)(4), Utah Rules of Civil Procedure.
(3) 
(a)
 Any amount realized from the sale of the animal over the total charges shall be
paid to the owner of the animal[
,
] if the owner is known or can by reasonable diligence be
found[
; otherwise,
]
.
(b) If the owner is unknown and cannot be found by reasonable diligence, as described
in Subsection (3)(a),
 the excess shall remain in the General Fund.
(c) If the total cost incurred is greater than the amount realized, the owner shall pay the
difference.
Section 319. Section 
4-31-116
 is amended to read:
4-31-116.
Quarantine -- Peace officers to assist in maintenance of quarantine.
(1) The commissioner may quarantine any infected domestic animal or area within the
state to prevent the spread of infectious or contagious disease.
(2) A sheriff or other peace officer in the state shall, upon request of the commissioner,
assist the department in maintaining a quarantine and arrest a person who violates [
it
] 
the
quarantine
.
(3) The department shall pay all costs and fees incurred by any law enforcement
authority in assisting the department.
Section 320. Section 
4-32-101
, which is renumbered from Section 4-32-1 is
renumbered and amended to read:
CHAPTER 32. UTAH MEAT AND POULTRY PRODUCTS INSPECTION AND
LICENSING ACT
[
4-32-1
].
 4-32-101.
Title.
This chapter [
shall be
] 
is
 known as [
and may be cited as
] the "Utah Meat and Poultry
Products Inspection and Licensing Act."
Section 321. Section 
4-32-102
, which is renumbered from Section 4-32-2 is
renumbered and amended to read:
[
4-32-2
].
 4-32-102.
Purpose declaration.
(1) It is the purpose of this chapter to provide a meat and poultry inspection program in
the state at least equal to the
 programs imposed under the
:
(a)
 Federal Meat Inspection Act, [
the federal
] 
U.S.C. Sec. 601 et seq;
(b)
 Poultry Products Inspection Act, [
and the
] 
U.S.C. Sec. 451 et seq;
(c)
 Humane Slaughter Act[
.
]
, 7 U.S.C. Sec. 1901 et seq; and
(d) the Egg Product Inspection Act, 21 U.S.C. 1031 et seq.
(2) The commissioner shall administer and enforce this chapter to accomplish [
this
] 
the
purpose 
described in Subsection (1)
.
Section 322. Section 
4-32-103
, which is renumbered from Section 4-32-2.1 is
renumbered and amended to read:
[
4-32-2.1
].
 4-32-103.
Adoption of federal provisions.
(1) The following federal laws, regulations, and standards are adopted by reference:
(a) 9 C.F.R. Part 300 through Part 500 
and Part 590
;
(b) the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq.;
(c) the Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq.; [
and
]
(d) the Humane Slaughter Act, 7 U.S.C. Sec. 1901 et seq[
.
]
; and
(e) the Egg Product Inspection Act, 21 U.S.C. 1031 et seq.
(2) Changes to the federal laws, regulations, and standards referenced in Subsection (1)
are considered incorporated as those changes are made.
Section 323. Section 
4-32-104
, which is renumbered from Section 4-32-2.2 is
renumbered and amended to read:
[
4-32-2.2
].
 4-32-104.
Emergency rules.
The department may make emergency rules concerning the meat and poultry inspection
program only in accordance with Section 
63G-3-304
.
Section 324. Section 
4-32-105
, which is renumbered from Section 4-32-3 is
renumbered and amended to read:
[
4-32-3
].
 4-32-105.
Definitions.
As used in this chapter:
(1) "Adulterated" means any meat or poultry product that:
(a) bears or contains any poisonous or deleterious substance that may render it
injurious to health, but, if the substance is not an added substance, the meat or poultry product
is not considered adulterated under this subsection if the quantity of the substance in or on the
meat or poultry product does not ordinarily render it injurious to health;
(b) bears or contains, by reason of the administration of any substance to the animal or
otherwise, any added poisonous or added deleterious substance that in the judgment of the
commissioner makes the meat or poultry product unfit for human food;
(c) contains, in whole or in part, a raw agricultural commodity and that commodity
bears or contains a pesticide chemical that is unsafe within the meaning of 21 U.S.C. Sec.
346a;
(d) bears or contains any food additive that is unsafe within the meaning of 21 U.S.C.
Sec. 348;
(e) bears or contains any color additive that is unsafe within the meaning of 21 U.S.C.
Sec. 379e[
;
]
,
 provided[
,
] that a meat or poultry product that is not otherwise considered
adulterated under Subsection (1)(c) or (d) [
of this section
] is considered adulterated if use of
the pesticide chemical, food additive, or color additive is prohibited in official establishments
by federal law, regulation, or standard;
(f) consists, in whole or in part, of any filthy, putrid, or decomposed substance or is for
any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;
(g) has been prepared, packaged, or held under unsanitary conditions if the meat or
poultry product may have become contaminated with filth, or if it may have been rendered
injurious to health;
(h) is in whole or in part the product of an animal that died other than by slaughter;
(i) is contained in a container that is composed, in whole or in part, of any poisonous or
deleterious substance that may render the meat or poultry product injurious to health;
(j) has been intentionally subjected to radiation, unless the use of the radiation
conforms with a regulation or exemption in effect pursuant to 21 U.S.C. Sec. 348;
(k) has a valuable constituent in whole or in part omitted, abstracted, or substituted; or
if damage or inferiority is concealed in any manner; or if any substance has been added, mixed,
or packed with the meat or poultry product to increase its bulk or weight, [
or
] reduce its quality
or strength, or [
to
] make it appear better or of greater value; or
(l) is margarine containing animal fat and any of the raw material used in the margarine
consists in whole or in part of any filthy, putrid, or decomposed substance.
(2) "Animal" means a domesticated or captive mammalian or avian species.
(3) "Animal food manufacturer" means any person engaged in the business of
preparing animal food derived from animal carcasses or parts or products of the carcasses.
(4) "Ante mortem inspection" means an inspection of a live animal immediately before
slaughter.
(5) "Broker" means any person engaged in the business of buying and selling meat or
poultry products other than for the person's own account.
(6) "Capable of use as human food" means any animal carcass, or part or product of a
carcass, unless it is denatured or otherwise identified as required by rules of the department to
deter [
its
] 
the carcass or product's
 use as human food.
(7) "Commissioner" includes a person authorized by the commissioner to carry out
[
this chapter's provisions.
] 
the provisions of this chapter.
(8) "Container" or "package" means any box, can, tin, cloth, plastic, or other receptacle,
wrapper, or cover.
(9) "Custom exempt processing" means processing meat or wild game as a service for
the person who owns the meat or wild game and uses the meat and meat food products for the
person's own consumption, including consumption by immediate family members and
non-paying guests.
(10) "Custom exempt slaughter":
(a) means slaughtering an animal as a service for the person who owns the animal and
uses the meat and meat products for the person's own consumption, including consumption by
immediate family members and non-paying guests; and
(b) includes farm custom slaughter.
(11) "Diseased animal":
(a) means an animal that:
(i) is diagnosed with a disease not known to be cured; or
(ii) has exhibited signs or symptoms of a disease that is not known to be cured; and
(b) does not include an otherwise healthy animal that suffers only from injuries such as
fractures, cuts, or bruises.
(12) "Farm custom mobile unit" means a portable slaughter vehicle or trailer that is
used by a farm custom slaughter licensee to slaughter animals.
(13) "Farm custom slaughter" means custom exempt slaughtering of an animal for an
owner without 
official
 inspection.
(14) "Farm custom slaughter license" means a license issued by the department to
allow farm custom slaughter.
(15) "Farm custom slaughter 
NOT FOR SALE
 tag" means a tag 
issued by the
department to the owner of the facility before the animal is slaughtered
 that specifies the
animal's identification and certifies its ownership[
, which is issued by the department through a
brand inspector to the owner of the animal before it is slaughtered.
]
.
(16) "Federal acts" means:
(a) the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq.;
(b) the Federal Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq.; [
and
]
(c) the Humane Slaughter Act, 7 U.S.C. 1901 et seq[
.
]
; and
(d) the Egg Product Inspection Act, 21 U.S.C. 1031 et seq.
(17) "Federal Food, Drug and Cosmetic Act" means the act so entitled, approved June
25, 1938 (52 Stat. 1040) (21 U.S.C. 301 et seq.), and any amendments to [
it
] 
the act
.
(18) "Immediate container" means any consumer package, or any other container
,
 in
which meat or poultry products not consumer packaged[
,
] are packed.
(19) "Inspector" means a [
licensed veterinarian or competent lay person working under
the supervision of a licensed graduate veterinarian.
] 
department employee who is trained in:
(a) humane handling;
(b) ante-mortem and post-mortem inspection;
(c) processing inspection; and
(d) regulatory requirements.
(20) "Label" means a display of printed or graphic matter upon any meat or poultry
product or the immediate container, not including package liners, of any such product.
(21) "Labeling" means all labels and other printed or graphic matter:
(a) upon any meat or poultry product or any of its containers or wrappers; or
(b) accompanying a meat or poultry product.
(22) "Licensee" means a person who holds a valid farm custom slaughter license.
(23) "Meat" means the edible muscle
,
 and other edible parts
,
 of an animal, including
edible:
(a) skeletal muscle;
(b) organs;
(c) muscle found in the tongue, diaphragm, heart, or esophagus; and
(d) fat, bone, skin, sinew, nerve, or blood vessel that normally accompanies meat and is
not ordinarily removed in processing.
(24) "Meat establishment" means a plant or fixed premises used to:
(a) slaughter animals for human consumption; or
(b) process meat or poultry products for human consumption.
(25) "Meat product" means any product capable of use as human food that is made
wholly or in part from any meat or other part of the carcass of any non-avian animal.
(26) "Misbranded" means any meat or poultry product that:
(a) bears a label that is false or misleading in any particular;
(b) is offered for sale under the name of another food;
(c) is an imitation of another food, unless the label bears, in type of uniform size and
prominence, the word "imitation" followed by the name of the food imitated;
(d) if [
its
] 
it has a container, the
 container is [
so
] made, formed, or filled as to be
misleading;
(e) does not bear a label showing:
(i) the name and place of business of the manufacturer, packer, or distributor; and
(ii) an accurate statement of the quantity of the product in terms of weight, measure, or
numerical count[
;
]
,
 provided[
,
] that under this Subsection (26)(e), exemptions as to meat and
poultry products not in containers may be established by rules of the department and that under
this Subsection (26)(e)(ii), reasonable variations may be permitted, and exemptions for small
packages may be established for meat or poultry products by rule of the department;
(f) does not bear any word, statement, or other information required by or under
authority of this chapter to appear on the label or other labeling 
that
 is not prominently placed
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;
(g) is a food for which a definition and standard of identity or composition has been
prescribed by rules of the department under Section [
4-32-7
] 
4-32-109
 if the food does not
conform to the definition and standard and the label does not bear the name of the food and any
other information that is required by the rule;
(h) is a food for which a standard of fill has been prescribed by rule of the department
for the container and the actual fill of the container falls below that prescribed unless [
its
] 
the
food's
 label bears, in a manner and form as the rule specifies, a statement that [
it
] 
the food
 falls
below the standard;
(i) is a food for which no standard or definition of identity has been prescribed under
Subsection (26)(g) unless [
its
] 
the
 label bears:
(i) the common or usual name of the food, if there be any; and
(ii) if [
it
] 
the food
 is fabricated from two or more ingredients, the common or usual
name of each such ingredient[
;
]
,
 except that spices, flavorings, and colorings may, when
authorized by the department, be designated as spices, flavorings, and colorings without
naming each[
;
]
,
 provided[
,
] that to the extent that compliance with the requirements of this
Subsection (26)(i)(ii) is impracticable, or results in deception or unfair competition,
exemptions shall be established by rule;
(j) is a food that purports to be or is represented to be for special dietary uses, unless
[
its
] 
the
 label bears information concerning [
its
] 
the food's
 vitamin, mineral, and other dietary
properties as the department, after consultation with the Secretary of Agriculture of the United
States, prescribes by rules as necessary to inform purchasers as to [
its
] 
the food's
 value for
special dietary uses;
(k) bears or contains any artificial flavoring, artificial coloring, or chemical
preservative, unless [
it
] 
the food
 bears labeling stating that fact[
;
]
,
 provided[
,
] that to the extent
that compliance with the requirements of this subsection are impracticable, exemptions shall be
prescribed by rules of the department; or
(l) does not bear directly thereon and on [
its
] 
the food's
 containers, as the department
may prescribe by rule, the official inspection legend and establishment number of the official
establishment where the product was prepared, and, unrestricted by any of the foregoing, other
information as the department may require by rule to assure that the meat or poultry product
will not have false or misleading labeling and that the public will be informed of the manner of
handling required to maintain [
it
] 
the meat or poultry product
 in a wholesome condition.
(27) "Official certificate" means any certificate prescribed by rules of the department
for issuance by an inspector or other person performing official functions under this chapter.
(28) "Official device" means [
any
] 
a
 device prescribed or authorized by the
commissioner for use in applying [
any
] 
an
 official mark.
(29) "Official establishment" means [
any
] 
an
 establishment at which inspection of the
slaughter of animals or the preparation of meat or poultry products is maintained under the
authority of this chapter.
(30) "Official inspection" means where domestic animals are slaughtered or
preparations for slaughter are carried out under grant of inspection that is issued by the
department.
[
(30)
] 
(31)
 "Official inspection legend" means [
any
] 
a
 symbol prescribed by rules of
the department showing that a meat or poultry product was inspected and passed in accordance
with this chapter.
[
(31)
] 
(32)
 "Official mark" means the official legend or [
any
] other symbol prescribed
by rules of the department to identify the status of [
any
] 
an
 animal carcass or meat or poultry
product under this chapter.
[
(32)
] 
(33)
 "Pesticide chemical," "food additive," "color additive," and "raw
agricultural commodity," have the same meanings for purposes of this chapter as ascribed to
them in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
[
(33)
] 
(34)
 "[
Post mortem
] 
Postmortem
 inspection" means an inspection of a
slaughtered food animal's carcass after slaughter.
[
(34)
] 
(35)
 "Poultry" means any domesticated bird, whether living or dead.
[
(35)
] 
(36)
 "Poultry product" means any product capable of use as human food that is
made wholly or in part from any poultry carcass, excepting products that contain poultry
ingredients in relatively small proportion or that historically have not been considered by
consumers as products of the poultry food industry, and that are exempted from definition as a
poultry product by the commissioner.
[
(36)
] 
(37)
 "Prepared" means slaughtered, canned, salted, stuffed, rendered, boned, cut
up, or otherwise manufactured or processed.
[
(37)
] 
(38)
 "Process" means to cut, grind, manufacture, compound, smoke, intermix, or
prepare meat or poultry products.
[
(38)
] 
(39)
 "Renderer" means any person engaged in the business of rendering animal
carcasses, or parts or products of animal carcasses, except rendering conducted under
inspection or exemption under this chapter.
[
(39)
] 
(40)
 "Slaughter" means:
(a) the killing of an animal in a humane manner including skinning or dressing; or
(b) the process of performing any of the specified acts in preparing an animal for
human consumption.
[
(40)
] 
(41)
 "Wild game" means an animal, the products of which are food that is not
classified as a domesticated food animal, captive game animal, or captive game bird, including
the following when not domesticated:
(a) deer;
(b) elk;
(c) antelope;
(d) moose;
(e) bison;
(f) bear;
(g) rabbit;
(h) squirrel;
(i) raccoon; and
(j) birds.
Section 325. Section 
4-32-106
, which is renumbered from Section 4-32-4 is
renumbered and amended to read:
[
4-32-4
].
 4-32-106.
Meat establishment license -- Slaughtering livestock
except in licensed meat establishment prohibited -- Exceptions -- Violation a
misdemeanor.
(1) A person may not, except in a licensed meat establishment, slaughter animals for
human consumption or assist other persons in the slaughter or processing of animals except as
otherwise provided in Subsection (2), (3), or (4).
(2) A person who raises an animal or an employee of that person may slaughter an
animal without a farm custom slaughter license if:
(a) slaughtering or processing animals is not prohibited by local ordinance;
(b) any hide, viscera, blood, or other tissue is disposed of by removal to a rendering
facility[
,
] 
or
 landfill[
,
] or by burial, as allowed by law;
(c) the meat or poultry product derived from the slaughtered animal is consumed
exclusively by the person or the person's immediate family, regular employees of the person, or
nonpaying guests; and
(d) the meat or poultry product is marked "Not For Sale."
(3) Farm custom slaughter may be performed by a person who holds a valid farm
custom slaughter license.
(4) A retail establishment that processes meat or poultry products primarily for sale to
individual consumers at the retail establishment is exempt from provisions requiring licensing
of a meat establishment if:
(a) the retail establishment is not engaged in slaughter operations;
(b) the retail establishment sells the processed meat and poultry products only to
individual consumers at the retail establishment[
,
] or to restaurants or institutions for use in
meals served at those restaurants or institutions;
(c) the retail establishment's sales of processed meat and poultry products to restaurants
or institutions do not exceed the federal adjusted dollar limitation, or 25% by dollar volume of
all meat sales from the retail establishment, whichever is less;
(d) the retail establishment receives meat only from a meat establishment licensed
under this chapter or inspected by the United States Department of Agriculture under 21 U.S.C.
[
Sections
] 
Secs.
to 695;
(e) the operator of the retail establishment does not sell[
,
] to any person other than an
individual consumer[
,
] any meat or poultry product that is cured, smoked, seasoned, canned, or
cooked at the retail establishment;
(f) the retail establishment does not sell any meat or poultry product that is cured,
smoked, seasoned, canned, or cooked at the retail establishment at a location other than the
retail establishment; and
(g) the operator of the retail establishment does not sell[
,
] to any person other than an
individual consumer[
,
] any meat product made by combining meat from different animal
species at the retail establishment.
(5) Any person who violates this section, except as otherwise provided in Subsection
(6), is guilty of a class C misdemeanor.
(6) Any person who offers for sale or sells any uninspected meat or poultry product is
guilty of a class B misdemeanor.
Section 326. Section 
4-32-107
, which is renumbered from Section 4-32-5 is
renumbered and amended to read:
[
4-32-5
].
 4-32-107.
Meat establishment and farm custom slaughter licenses --
Application -- Fees -- Expiration -- Renewal.
(1) A person may not operate a meat establishment in the state without a meat
establishment license issued by the department.
(2) (a) Application for a license to operate a meat establishment shall be made to the
department upon a form prescribed and furnished by the department.
(b) Upon receipt of a proper application, compliance with all applicable rules, and the
payment of an annual license fee determined by the department according to Subsection [
4-2-2
]
4-2-103
(2), the commissioner, if satisfied that the public convenience and necessity will be
served, shall issue a license allowing the applicant to operate a meat establishment through
December 31 of the year in which the license is issued, subject to suspension or revocation for
cause.
(c) A meat establishment license is annually renewable on or before December 31 of
each year, upon the payment of an annual license renewal fee in an amount determined by the
department according to Subsection [
4-2-2
] 
4-2-103
(2).
(3) (a) Application for a farm custom slaughter license to engage in the business of
slaughtering livestock shall be made to the department on a form prescribed and furnished by
the department.
(b) Upon receipt of a proper application, compliance with all applicable rules, and
payment of a license fee in an amount determined by the department according to Subsection
[
4-2-2
] 
4-2-103
(2), the commissioner shall issue a license allowing the applicant to engage in
farm custom slaughtering.
(c) A farm custom slaughter license is annually renewable on or before December 31 of
each year, upon the payment of an annual renewal license fee in an amount determined by the
department according to Subsection [
4-2-2
] 
4-2-103
(2).
Section 327. Section 
4-32-108
, which is renumbered from Section 4-32-6 is
renumbered and amended to read:
[
4-32-6
].
 4-32-108.
Duties of person who holds a farm custom slaughter
license.
Each person who holds a farm custom slaughter license shall:
(1) keep accurate records of each animal slaughtered
,
 including
:
(a)
 the name, address, and telephone number of each person for whom the animal is
slaughtered[
,
]
;
(b)
 a full description of each animal slaughtered including age, brands, marks, or other
identifying marks, proof of ownership, 
and the
 destination of the carcass for processing[
,
]
;
 and
(c)
 the date of slaughter;
(2) require that each animal presented for slaughter bear a farm custom slaughter 
not
for sale
 tag;
(3) render the animal to be slaughtered insensible to pain by captive bolt, gunshot,
electric shock, or other humane means before it is shackled, hoisted, thrown, cast, or cut; and
(4) stamp and tag the carcass of any slaughtered animal "Not For Sale."
Section 328. Section 
4-32-109
, which is renumbered from Section 4-32-7 is
renumbered and amended to read:
[
4-32-7
].
 4-32-109.
Mandatory functions, powers, and duties of department
prescribed.
(1)
 The department shall make rules pursuant to Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, concerning the following functions, powers, and duties, in
addition to those specified in Chapter 1, Short Title and General Provisions, for the
administration and enforcement of this chapter[
:
]
.
[
(1)
] 
(2)
 The department shall require antemortem and postmortem inspections,
quarantine, segregation, and reinspections by inspectors appointed for those purposes with
respect to the slaughter of animals and the preparation of meat and poultry products at official
establishments, except as provided in Subsection [
4-32-8
] 
4-32-110
(13).
[
(2)
] 
(3)
 The department shall require that:
(a) animals be identified for inspection purposes;
(b) meat or poultry products, or their containers be marked or labeled as:
(i) "Utah Inspected and Passed" if, upon inspection, the products are found to be
unadulterated; and
(ii) "Utah Inspected and Condemned" if, upon inspection, the products are found to be
adulterated; and
(c) condemned animal carcasses or products, which otherwise would be used for
human consumption, be destroyed under the supervision of an inspector.
[
(3)
] 
(4)
 The department shall prohibit or limit meat products, poultry products, or
other materials not prepared under inspection procedures provided in this chapter, from being
brought into official establishments.
[
(4)
] 
(5)
 The department shall require that labels and containers for meat and poultry
products:
(a) bear all information required by Section [
4-32-13
] 
4-23-115
 if the product leaves
the official establishment; and
(b) be approved before sale or transportation.
[
(5)
] 
(6)
 For official establishments required to be inspected under Subsection [
(1)
] 
(2)
,
the department shall:
(a) prescribe sanitary standards;
(b) require sanitary inspections; and
(c) refuse to provide inspection service if the sanitary conditions allow adulteration of
any meat or poultry product.
[
(6)
] 
(7)
 (a) The department shall require that any person engaged in a business referred
to in Subsection [
(6)
] 
(7)
(b):
(i) keep accurate records disclosing all pertinent business transactions;
(ii) allow inspection of the business premises at reasonable times and examination of
inventory, records, and facilities; and
(iii) allow samples to be taken.
(b) Subsection [
(6)
] 
(7)
(a) applies to any person who:
(i) slaughters animals;
(ii) prepares, freezes, packages, labels, buys, sells, transports, or stores any meat or
poultry products for human or animal consumption;
(iii) renders animals; or
(iv) buys, sells, or transports any dead, dying, disabled, or diseased animals, or parts of
their carcasses that died by a method other than slaughter.
[
(7)
] 
(8)
 (a) The department shall:
(i) adopt by reference rules [
and regulations
] under federal acts with changes that the
commissioner considers appropriate to make the rules [
and regulations
] applicable to
operations and transactions subject to this chapter; and
(ii) [
promulgate
] 
make
 any other rules considered necessary for the efficient execution
of the provisions of this chapter, including rules of practice providing an opportunity for
hearing in connection with the issuance of orders under Subsection [
(5)
] 
(6)
 or under
Subsection [
4-32-8
] 
4-32-110
(1), (2), or (3) and prescribing procedures for proceedings in
these cases.
(b) These procedures do not preclude requiring that a label or container be withheld
from use, or inspection be refused under Subsections [
(1) and (5)
] 
(2) and (6)
, or Subsection
[
4-32-8
] 
4-32-110
(3), pending issuance of a final order in the proceeding.
[
(8)
] 
(9)
 (a) To prevent the inhumane slaughtering of animals, inspectors shall be
appointed to examine and inspect methods of handling and slaughtering animals.
(b) Inspection of slaughtering establishments may be refused or temporarily suspended
if animals have been slaughtered or handled by any method not in accordance with the Humane
Methods of Slaughter Act of 1978, Pub. L. No. 95-445.
(c) Before slaughtering an animal in accordance with requirements of Kosher, Halal, or
a religious faith's requirements that discourage stunning of the animal, the person slaughtering
the animal shall file a written request with the commissioner.
[
(9)
] 
(10)
 (a) The department shall require an animal showing symptoms of disease
during antemortem inspection, performed by an inspector appointed for that purpose, to be set
apart and slaughtered separately from other livestock and poultry.
(b) When slaughtered, the carcasses of livestock and poultry are subject to careful
examination and inspection in accordance with rules prescribed by the commissioner.
Section 329. Section 
4-32-110
, which is renumbered from Section 4-32-8 is
renumbered and amended to read:
[
4-32-8
].
 4-32-110.
Discretionary functions, powers, and duties of
commissioner prescribed.
The commissioner may:
(1) remove inspectors from any official establishment that fails to:
(a) destroy condemned products pursuant to Subsection [
4-32-7
(2)
] 
4-32-109
(3)
; or
(b) comply with any other of this chapter's requirements;
(2) refuse to provide inspection for any official establishment for any cause specified in
Section 401 of the Federal Meat Inspection Act or Section 18 of the federal Poultry Products
Inspection Act;
(3) withhold the use of labels and containers if the labeling is false or misleading or the
containers are misleading in size or form;
(4) prescribe the type size and style to be used for labeling:
(a) information;
(b) definitions; and
(c) standards of identity, composition, or container fill;
(5) prescribe conditions for the storage and handling of meat and poultry products by
any person who sells, freezes, stores, or transports these products to prevent them from
becoming adulterated or misbranded;
(6) require that equines be slaughtered and prepared in official establishments separate
from those where other animals are slaughtered or their products are prepared;
(7) require that the following people register the name and address of each place of
business and all trade names:
(a) broker;
(b) renderer;
(c) animal food manufacturer;
(d) wholesaler;
(e) public warehouseman of meat or poultry products; or
(f) anyone engaged in the business of buying, selling, or transporting any:
(i) dead, dying, disabled, or diseased animals; or
(ii) parts of animal carcasses that died other than by slaughter;
(8) make inspections of official establishments at night, as well as during the day, if
animals or meat and poultry products are slaughtered and prepared for commercial purposes in
those establishments at night;
(9) divide the state into inspection districts and designate killing days and partial
killing days for each official establishment;
(10) cooperate with the Secretary of Agriculture of the United States in the
administration of this chapter and accept federal assistance and use funds appropriated for the
administration of this chapter to pay the state's proportionate share of the cooperative program;
(11) recommend the names of officials and employees of the department to the
Secretary of Agriculture of the United States for appointment to the advisory committees
provided for in the federal acts;
(12) serve as the representative of the governor for consultation with the Secretary of
Agriculture under paragraph (c) of Section 301 of the Federal Meat Inspection Act and Section
5(c) of the federal Poultry Products Inspection Act, unless the governor selects another
representative; and
(13) exempt from inspection:
(a) the slaughter and processing of an animal by any person who raises an animal for
the person's own use, members of the person's household, employees, or nonpaying guests;
(b) custom exempt slaughter and processing operations;
(c) farm custom slaughter performed by a licensee; and
(d) any other operation, if the exemption:
(i) furthers the purposes of this chapter; and
(ii) conforms to federal acts.
Section 330. Section 
4-32-111
, which is renumbered from Section 4-32-9 is
renumbered and amended to read:
[
4-32-9
].
 4-32-111.
Additional powers of commissioner.
(1) The commissioner may:
(a) gather and compile information concerning
,
 and[
, to
] investigate the organization,
business, conduct, practices, and management of
,
 any person subject to this chapter;
(b) require any person subject to this chapter to file information regarding the person's
business or operation as the commissioner requires;
(c) for the purpose of this chapter, at all reasonable times have access to, for the
purpose of examination, and the right to copy
,
 any documentary evidence[
,
] of any person
being investigated or proceeded against, and may require by subpoena the attendance and
testimony of witnesses and the production of all documentary evidence of any person relating
to any matter under investigation;
(d) require the attendance of witnesses and the production of documentary evidence at
any place designated for hearing; [
in case of disobedience to a subpoena, the commissioner
may
]
(e)
 invoke the aid of any court of competent jurisdiction to compel the attendance of
witnesses and the production of documentary evidence 
, in the case of disobedience to a
subpoena
 ; and
[
(e)
] 
(f)
 order testimony to be taken by deposition in any proceeding or investigation
pending under this chapter at any stage of the proceeding or investigation[
; the depositions may
be taken before any person with power to administer oaths designated by the commissioner,
and the testimony shall be reduced to writing by the person taking the deposition, or under his
direction and shall then be subscribed by the deponent
].
(2) In the event a witness asserts a privilege against self-incrimination, testimony and
evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of
Immunity.
(3) (a) 
(i)
 Any person who without just cause neglects or refuses to attend and testify or
to answer any lawful inquiry, or to produce documentary evidence, if in [
his
] 
the person's
power to do so, in obedience to the subpoena or lawful requirement of the commissioner is
guilty of a class A misdemeanor. [
Any
]
(ii) A
 fine imposed 
for a violation of Subsection (3)(a)(i)
 may not be less than $500.
[
(b) Any person that
]
(b) (i) A person is guilty of a class A misdemeanor if the person:
(A)
 willfully makes, or causes to be made, any false entry or statement of fact in any
report required to be made under this chapter[
, or that
]
;
(B)
 willfully makes, or causes to be made, any false entry in any account, record, or
memorandum kept by any person subject to this chapter[
, or that
]
;
(C)
 neglects or fails to make, or to cause to be made, full, true, and correct entries in
those accounts, records, or memoranda, of all facts and transactions appertaining to the
business of that person
;
 or [
that
]
(D)
 willfully removes out of the jurisdiction of this state, or willfully mutilates, alters,
or by any other means falsifies any documentary evidence of any person subject to this chapter
or that willfully refuses to submit to the commissioner or to any of the commissioner's
authorized agents, for the purpose of inspection and making copies, any documentary evidence
of any person subject to this chapter within the person's possession or control [
is guilty of a
class A misdemeanor. Any
]
.
(ii) A
 fine imposed 
for a violation of Subsection (3)(b)(i)
 may not be less than $500.
(c) 
(i)
 If any person required by this chapter to file any annual or special report fails to
do so within the time fixed by the commissioner, and the failure continues for 30 days after
notice of default, the person shall forfeit to the state the sum of $10 for each day of the
continuance of the failure, which forfeiture is payable into the treasury of this state, and is
recoverable in a civil suit in the name of the state brought in the district where the person has a
principal office or in any district in which he does business.
(ii)
 The various county attorneys, under the direction of the attorney general of this
state, shall prosecute for the recovery of the forfeitures.
(iii)
 The costs and expenses of prosecution shall be paid out of the appropriation for
the expenses of the courts of this state.
Section 331. Section 
4-32-112
, which is renumbered from Section 4-32-10 is
renumbered and amended to read:
[
4-32-10
].
 4-32-112.
Judicial review of orders enforcing chapter.
(1) Any party aggrieved by an order issued under Subsection [
4-32-7
(3)
] 
4-32-109
(4)
or under Subsection [
4-32-8
] 
4-32-110
(1), (2), or (3) may obtain judicial review.
(2) The district courts have jurisdiction to enforce this chapter, and to prevent and
restrain violations of this chapter, and have jurisdiction in all other kinds of cases arising under
this chapter.
(3) All proceedings for the enforcement of this chapter, or to restrain violations of this
chapter, shall be by and in the name of this state.
Section 332. Section 
4-32-113
, which is renumbered from Section 4-32-11 is
renumbered and amended to read:
[
4-32-11
].
 4-32-113.
Preparation and slaughter of livestock, poultry, or
livestock and poultry products -- Adulterated or misbranded products -- Violation of rule
or order.
(1) An animal or meat or poultry product that may be used for human consumption
shall not be:
(a) slaughtered or prepared unless it is done in compliance with this chapter's
requirements;
(b) sold, transported, offered for sale or transportation, or received for transportation, if
it is adulterated or misbranded, unless it has been inspected and approved; or
(c) subjected to any act while being transported or held for sale after transportation
resulting in one of the products becoming adulterated or being misbranded.
(2) A person may not violate any rule or order of the commissioner under Subsection
[
4-32-7
(3) or (6)
] 
4-32-109
(4) or (7)
, or Subsection [
4-32-8
] 
4-32-110
(3), (5), or (7).
Section 333. Section 
4-32-114
, which is renumbered from Section 4-32-12 is
renumbered and amended to read:
[
4-32-12
].
 4-32-114.
Unauthorized use or possession of official devices, labels,
marks, or certificates -- False statements, misrepresentations, and trade secrets.
(1) A person may not cast, print, lithograph, or make any device or label containing or
bearing any official mark or simulation of a mark, or any form or simulation of an official
certificate
,
 unless authorized by the commissioner.
(2) A person may not:
(a) forge any official device, mark, or certificate;
(b) use any official device, mark, or certificate without the authorization of the
commissioner;
(c) alter, detach, deface, or destroy any official device, mark, or certificate;
(d) fail to use, detach, deface, or destroy any official device, mark, or certificate as
required by this chapter;
(e) knowingly possess any of the following, if it bears any unauthorized, counterfeit,
simulated, forged, or altered official mark:
(i) an official device;
(ii) a counterfeit, simulated, forged, or altered official certificate;
(iii) a device;
(iv) a label;
(v) a carcass of any animal, including poultry; or
(vi) a part or product of any animal, including poultry;
(f) knowingly make any false statement in any shipper's certificate, or nonofficial or
official certificate;
(g) knowingly represent that any meat or poultry product has been inspected and
approved, or exempted, under this chapter when, in fact, it has not; or
(h) use to the person's advantage or reveal any information acquired under the authority
of this chapter relating to any matter entitled to protection as a trade secret unless the
information is:
(i) revealed to an authorized government representative; or
(ii) ordered by a court in a judicial proceeding.
Section 334. Section 
4-32-115
, which is renumbered from Section 4-32-13 is
renumbered and amended to read:
[
4-32-13
].
 4-32-115.
Meat or poultry products to be marked or labeled -- Meat
or poultry products not intended for human food -- Dead, dying, disabled, or diseased
animals.
(1) A person may not sell, transport, offer for sale or transportation, or receive for
transportation, any animal carcasses or parts of such carcasses, or the meat or meat products,
unless they are plainly and conspicuously marked or labeled or otherwise identified as required
by rules adopted by the department to show the kinds of animals from which they were derived.
(2) A person may not buy, sell, transport, or offer for sale or transportation, or receive
for transportation any meat or poultry products that are not intended for human food unless
they are denatured or otherwise identified as required by the rules of the department or are
naturally inedible by humans.
(3) A person engaged in the business of buying, selling, or transporting dead, dying,
disabled, or diseased animals, or any parts of the carcasses of any animals that died otherwise
than by slaughter, may not buy, sell, transport, offer for sale or transportation, or receive for
transportation the animals or parts of carcasses unless the transaction or transportation is made
in accordance with rules adopted by the department to assure that the animals or parts of
carcasses will be prevented from being used for human food.
Section 335. Section 
4-32-116
, which is renumbered from Section 4-32-14 is
renumbered and amended to read:
[
4-32-14
].
 4-32-116.
Attempt to bribe state officer or employee -- Acceptance
of bribe -- Interference with official duties -- Penalties.
(1) (a) [
Any
] 
A
 person who gives, pays, or offers, directly or indirectly, any money or
other thing of value, to any officer or employee of this state who is authorized to perform any
duties under this chapter, with the intent to influence the officer or employee in the discharge
of [
his
] 
the officer's or employee's
 duty, is guilty of a felony of the third degree, and upon
conviction, shall be punished by a fine of not more than $5,000 or imprisonment of not more
than five years, or both.
(b) An officer or employee of this state authorized to perform duties under this chapter
who accepts money, a gift, or other thing of value from any person given with intent to
influence [
his
] 
the officer's or employee's
 official action, is guilty of a felony of the third degree
and shall, upon conviction, be discharged from office, 
and
 fined in an amount of not more than
$5,000, or imprisoned for not more than five years, or both.
(2) (a) [
Any
] 
A
 person who assaults, obstructs, impedes, intimidates, or interferes with
any person engaged in the performance of official duties under this chapter, with or without a
dangerous or deadly weapon, is guilty of a felony of the third degree and upon conviction shall
be punished by a fine of not more than $5,000, or by imprisonment of not more than five years,
or both.
(b) [
Any
] 
A
 person who, in the commission of any violation of Subsection (2) of this
section, uses a dangerous weapon as defined in Section 
76-1-601
, is guilty of a felony of the
second degree and upon conviction shall be punished by a fine of not more than $10,000, or by
imprisonment for a period of not more than 10 years, or both.
(c) [
Any
] 
A
 person who kills another person engaged in the performance of official
duties under this chapter shall be punished as provided in Section 
76-5-202
.
Section 336. Section 
4-32-117
, which is renumbered from Section 4-32-15 is
renumbered and amended to read:
[
4-32-15
].
 4-32-117.
Inspection of products placed in containers -- Supervision
of inspector -- Access to establishment.
(1) [
No
] 
An
 inspection of products placed in any container at any official establishment
[
shall be deemed
] 
may not be considered
 to be complete until the products are sealed or
enclosed under the supervision of an inspector.
(2) For purposes of any inspection of products required by this chapter, inspectors
authorized by the department shall have access at all times to every part of every establishment
required to have inspection whether the establishment is operated or not.
Section 337. Section 
4-32-118
, which is renumbered from Section 4-32-16 is
renumbered and amended to read:
[
4-32-16
].
 4-32-118.
Detention of animals or meat or poultry products --
Removal of official marks.
(1) Whenever any meat or poultry product or any product exempted from the definition
of a meat or poultry product, or any dead, dying, disabled, or diseased animal, is found by any
authorized representative of the commissioner, and there is reason to believe that it is
adulterated or misbranded and is capable of use as human food, or that it has not been
inspected and passed, or that it has been or is intended to be distributed in violation of this
chapter, it may be detained by the representative pending action under Section [
4-32-17
]
4-32-119
, and may not be moved by any person from the place at which it is located when so
detained, until released by such representative.
(2) All official marks may be required by the representative described in Subsection (1)
to be removed from a product or animal described in Subsection (1) before the product is
released.
Section 338. Section 
4-32-119
, which is renumbered from Section 4-32-17 is
renumbered and amended to read:
[
4-32-17
].
 4-32-119.
Quarantine authorized -- Conditions giving rise to
quarantine.
(1) [
Any
] 
A
 meat or poultry product, or [
any
] 
a
 dead, dying, disabled, or diseased
animal that is being transported or is held for sale in this state, [
and that
] 
shall be seized and
quarantined if it
:
(a) is or has been prepared, sold, transported, or otherwise distributed or offered or
received for distribution in violation of this chapter;
(b) is capable of use as human food and is adulterated or misbranded; or
(c) in any other way violates this chapter[
, shall be seized and quarantined
].
(2) Quarantined animals or products shall be condemned and destroyed, except that the
owner of the quarantined animals or products may request a hearing within five days, and the
commissioner shall, within five days after the request, conduct a hearing to decide whether the
quarantined animals or products shall be condemned.
(3) The commissioner's decision under Subsection (2) is final, and all condemned
animals or products shall [
forthwith
] 
immediately
 be destroyed or denatured in the presence of
the commissioner or an inspector.
(4) This section does not limit the authority for condemnation or seizure conferred by
other provisions of this chapter, or other laws.
Section 339. Section 
4-32-120
, which is renumbered from Section 4-32-18 is
renumbered and amended to read:
[
4-32-18
].
 4-32-120.
Rules for the construction and operation of meat
establishments authorized.
(1) For the purposes of administering this chapter and qualifying meat establishments
for licenses, the department may adopt sanitary inspection rules and regulations, [
and all other
necessary rules,
] including those pertaining to the construction, equipment, and facilities of
meat establishments.
(2) The rules shall conform with the regulations [
promulgated
] 
made
 under the federal
acts.
Section 340. Section 
4-32-121
, which is renumbered from Section 4-32-20 is
renumbered and amended to read:
[
4-32-20
].
 4-32-121.
Suspension or revocation -- Grounds.
The department may upon its own motion, and shall upon the verified complaint in
writing of any person, investigate or cause to be investigated the operation of any meat
establishment, and may suspend or revoke the license of the meat establishment upon any of
the following grounds:
(1) the license was obtained by any false or misleading statement;
(2) for slaughtering any animal without an antemortem and a postmortem inspection,
or for processing any meat or poultry or products of [
either
] 
meat or poultry
 that have not been
inspected and passed, [
(
]or exempted[
)
]
,
 and so identified;
(3) the advertising or publicizing of any false or misleading statements that pertain to
the slaughtering, processing, or distribution of animals or meat or poultry products;
(4) the failure to maintain refrigeration[
,
] 
or
 sanitation, or dispose of waste as required
by rules of the department; or
(5) the failure to comply with rules of the department pertaining to the disposal of
carcasses or parts of carcasses that have been determined to be unfit for human consumption.
Section 341. Section 
4-32-122
, which is renumbered from Section 4-32-21 is
renumbered and amended to read:
[
4-32-21
].
 4-32-122.
Denial of application for farm custom slaughter license --
Venue for judicial review.
(1) [
Any
] 
An
 applicant whose application for a license to operate a meat establishment
or to obtain a farm custom slaughter license is denied may file a request for agency action with
the department, requesting a hearing on the issue of denial.
(2) (a) [
Any
] 
A
 person who is aggrieved by an order issued under this section may
obtain judicial review.
(b) Venue for judicial review of 
an
 informal adjudicative proceeding is in the district
court in the county in which the alleged unlawful activity occurred or, in the case of an order
denying a license application, in the county where the applicant resides.
(3) The attorney general's office shall represent the department in [
any
] 
an
 original
action or [
any
] appeal under this section.
Section 342. Section 
4-32-123
, which is renumbered from Section 4-32-22 is
renumbered and amended to read:
[
4-32-22
].
 4-32-123.
Animals slaughtered or the meat and poultry products
not intended for human use -- No inspection -- Products to be denatured or otherwise
identified.
Inspection may not be provided under this chapter at any establishment for the slaughter
of animals or the preparation of any meat or poultry products that are not intended for use as
human food, but the products shall be denatured or otherwise identified as prescribed by rules
of the department before [
their offer
] 
the meat and poultry products are offered
 for sale or
transportation.
Section 343. Section 
4-33-101
, which is renumbered from Section 4-33-1 is
renumbered and amended to read:
CHAPTER 33. MOTOR FUEL INSPECTION ACT
[
4-33-1
].
 4-33-101.
Title.
This chapter shall be known as the "Motor Fuel Inspection Act."
Section 344. Section 
4-33-102
, which is renumbered from Section 4-33-2 is
renumbered and amended to read:
[
4-33-2
].
 4-33-102.
Purpose of chapter.
It is the purpose of this chapter to promote the safety and welfare of users of motor
fuels in this state and also to promote the orderly marketing of motor fuels.
Section 345. Section 
4-33-103
, which is renumbered from Section 4-33-3 is
renumbered and amended to read:
[
4-33-3
].
 4-33-103.
Definition.
As used in this chapter, "motor fuel" means any combustible [
gas, liquid, matter, or
substance which is used in an internal combustion engine for the generation of power
] 
liquid or
vapor used to power a motor vehicle or a motor vehicle engine
 .
Section 346. Section 
4-33-104
, which is renumbered from Section 4-33-4 is
renumbered and amended to read:
[
4-33-4
].
 4-33-104.
Administrative and enforcement powers of department.
The department shall administer and enforce this chapter and may:
(1) make and enforce such rules, subject to Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, [
as it considers
] necessary for the effective administration and enforcement of
this chapter;
(2) acquire and test motor fuel samples to determine compliance with this chapter;
(3) maintain and staff a laboratory to test motor fuel samples;
(4) enter public or private premises during normal working hours to enforce this
chapter;
(5) stop and detain any commercial vehicle transporting motor fuel to inspect [
its
] 
the
contents and applicable documents or to acquire motor fuel samples; and
(6) require that records applicable to this chapter be available for examination and
review upon request by the department.
Section 347. Section 
4-33-105
, which is renumbered from Section 4-33-5 is
renumbered and amended to read:
[
4-33-5
].
 4-33-105.
Prohibitions.
It is unlawful for any person in this state 
to
:
(1) [
to
] offer for sale, sell, or deliver any motor fuel which fails to meet the standards
prescribed by the department;
(2) [
to
] advertise or display the price of motor fuel without advertising or displaying
the grade of the motor fuel and the type of service [
when both self service and full service are
offered
]; 
or
(3) [
to
] haul or transport motor fuel for the purpose of sale or delivery in this state
without an invoice or bill of lading stating the name and address of the owner or person
consigning the fuel for transport, the Utah grade of the motor fuel, and the number of gallons
consigned.
Section 348. Section 
4-33-106
, which is renumbered from Section 4-33-6 is
renumbered and amended to read:
[
4-33-6
].
 4-33-106.
Octane rating determination and posting.
The determination of octane ratings and the posting of the octane on dispensing devices
shall be in accord with Federal Trade Commission requirements 
described in 16 C.F.R. Part
306, Automotive Fuel Ratings, Certification, and Posting
 .
Section 349. Section 
4-33-107
, which is renumbered from Section 4-33-7 is
renumbered and amended to read:
[
4-33-7
].
 4-33-107.
Inspection, sampling, testing, and analysis of fuels by
department.
(1) The department shall periodically sample, inspect, analyze and test motor fuels
dispensed in this state and may enter any public premises or vehicle for the purpose of
determining compliance with this chapter.
(2) 
(a)
 Methods of sampling, testing, analyzing
,
 and designating motor fuels shall
[
accord with those
] 
conform with methods
 specified and published by the American Society for
Testing and Materials.
(b)
 [
The department shall use
] 
Unless modified by the department by rule,
 the latest
published standards of the American Society for Testing and Materials 
apply
.
(3) Upon request
,
 the department shall pay the posted price for samples and the person
from whom the sample is taken shall give a signed receipt evidencing payment.
(4) Tests and analyses conducted by the department shall be prima facie evidence of
the facts shown by such tests in any court proceeding.
Section 350. Section 
4-33-108
, which is renumbered from Section 4-33-8 is
renumbered and amended to read:
[
4-33-8
].
 4-33-108.
Locking and sealing of pumps in violation of chapter --
Posting notice -- Removal of sealed fuel -- Resealing.
(1) 
(a)
 The department may lock and seal any pump or other dispensing device [
which
]
that
 is in violation of this chapter.
(b)
 If [
such action is taken
] 
the department locks and seals a pump or other dispensing
device pursuant to Subsection (1)(a)
 , the department shall post a notice in a conspicuous place
on the pump or other dispensing device stating that the device has been sealed by the
department and [
that it is unlawful
] to break or destroy the seal or to mutilate or alter the notice
is unlawful
.
(2) 
(a)
 Any person who is aggrieved by the action of the department may advise the
department that such person intends to remove the balance of the motor fuel from the tank or
other container which contains the sealed 
motor
 fuel.
(b)
 The department, within two working days after the receipt of such notice, shall
break the seal or lock for the container to be emptied.
(3) 
(a)
 If the aggrieved party fails to remove the sealed motor fuel within 24 hours after
the department breaks the seal, the department may reseal the dispensing device.
(b)
 The seal may not be broken nor the contents of any container removed, except after
a subsequent written notice of intent to remove is filed with the department and upon the
payment of a service charge determined by the department pursuant to Subsection [
4-2-2
]
4-2-103
(2).
(c)
 A notice of intent to remove may be filed on paper or electronically.
Section 351. Section 
4-33-109
, which is renumbered from Section 4-33-9 is
renumbered and amended to read:
[
4-33-9
].
 4-33-109.
Warrant to enter premises for inspection or sampling.
If admittance is refused to the department either for sampling or for inspection of
transport invoices or bills of lading, the department may obtain an ex parte warrant from the
nearest court of competent jurisdiction to allow entry upon the premises for the purpose of
inspection or taking samples or to examine transport documents.
Section 352. Section 
4-33-110
, which is renumbered from Section 4-33-10 is
renumbered and amended to read:
[
4-33-10
].
 4-33-110.
Interstate commerce -- Chapter inapplicable to fuel in
transit through state.
[
This
] 
(1) Except as provided in Subsection (2), this
 chapter is inapplicable to motor
fuel being transported through this state in interstate commerce[
; provided, that none of the
motor fuel is consigned or destined for delivery in the state
].
(2) This chapter applies to motor fuel that is consigned or destined for delivery in the
state.
Section 353. Section 
4-34-101
 is enacted to read:
CHAPTER 34. CHARITABLE DONATION
 4-34-101.
Title.
This chapter is known as "Charitable Donation."
Section 354. Section 
4-34-102
, which is renumbered from Section 4-34-1 is
renumbered and amended to read:
[
4-34-1
].
 4-34-102.
Definitions.
For purposes of this chapter:
(1) "Agricultural product" means any fowl, animal, fish, vegetable, or other product or
article, fresh or processed, which is customary food, or which is proper food for human
consumption.
[
(3)
] 
(2)
 "Gleaner" means a person who harvests, for free distribution, an agricultural
crop that has been donated by the owner.
[
(2)
] 
(3)
 "Nonprofit charitable organization" means any organization which was
organized and is operating for charitable purposes and which meets the requirements of the
Internal Revenue Service of the U.S. Department of Treasury that exempt the organization
from income taxation under the provisions of the Internal Revenue Code.
Section 355. Section 
4-34-103
, which is renumbered from Section 4-34-2 is
renumbered and amended to read:
[
4-34-2
].
 4-34-103.
Donation to charitable organization authorized.
Any person engaged in the business of producing, processing, selling, or distributing
any agricultural product may donate, free of charge, any such product which is in a fit condition
for use as food for human consumption to a nonprofit charitable organization within the state
of Utah. 
Section 356. Section 
4-34-104
, which is renumbered from Section 4-34-3 is
renumbered and amended to read:
[
4-34-3
].
 4-34-104.
County surplus food collection and distribution system.
(1)
 To accomplish the purposes of Section [
4-34-2
] 
4-34-103
, any county may establish
and publicize the availability of a surplus food collection and distribution system and may
provide information to donee organizations concerning the availability of agricultural products
and to donors concerning organizations that desire or need donated agricultural products.
(2)
 Any nonprofit charitable organization needing agricultural products on a regular
basis may be listed with the county for the purpose of receiving notice that the products are
available.
Section 357. Section 
4-34-105
, which is renumbered from Section 4-34-4 is
renumbered and amended to read:
[
4-34-4
].
 4-34-105.
Inspection of donated food.
The county may provide for the inspection of donated agricultural products by the
county health officer upon the request of the donee nonprofit charitable organization to
determine whether the products are fit for human consumption.
Section 358. Section 
4-34-106
, which is renumbered from Section 4-34-5 is
renumbered and amended to read:
[
4-34-5
].
 4-34-106.
Limitation of liability of donor, charitable organization,
and county.
Except in the event of an injury resulting from gross negligence, recklessness, or
intentional conduct, neither a county nor an agency of a county nor a donor of an agricultural
product participating in good faith in a food donation program, nor a nonprofit charitable
organization receiving, accepting, gleaning, or distributing any agricultural product donated in
good faith to it under this chapter shall be liable for damages in any civil action or subject to
prosecution in any criminal proceeding for any injury that occurs as a result of any act or the
omission of any act, including injury resulting from ingesting the donated agricultural product.
Section 359. Section 
4-34-107
, which is renumbered from Section 4-34-6 is
renumbered and amended to read:
[
4-34-6
].
 4-34-107.
Sale or use of donations by employee of public agency or
charity prohibited.
An employee of a nonprofit charitable organization or of a public agency may not sell,
offer for sale, use, or consume any agricultural product donated or distributed under this
chapter.
Section 360. Section 
4-35-101
, which is renumbered from Section 4-35-1 is
renumbered and amended to read:
CHAPTER 35. INSECT INFESTATION EMERGENCY CONTROL ACT
[
4-35-1
].
 4-35-101.
Title.
This chapter is known as the "Insect Infestation Emergency Control Act."
Section 361. Section 
4-35-102
, which is renumbered from Section 4-35-2 is
renumbered and amended to read:
[
4-35-2
].
 4-35-102.
Definitions.
As used in this chapter:
(1) "Committee" means the Decision and Action Committee created by and established
under this chapter.
(2) "Department" means the Department of Agriculture and Food.
(3) "Insect" means[
, but is not limited to, grasshopper, range caterpillar, mormon
cricket, apple maggot, cherry fruit fly, plum curculio, and cereal leaf beetle
] 
any animal in the
class insect that the commissioner determines to be a threat to agriculture in the state
.
Section 362. Section 
4-35-103
, which is renumbered from Section 4-35-3 is
renumbered and amended to read:
[
4-35-3
].
 4-35-103.
Decision and Action Committee created -- Members --
How appointed -- Duties of committee -- Per diem and expenses allowed.
(1) (a) There is created the Decision and Action Committee [
which
] 
that
 consists of not
fewer than six members.
(b) One member is the commissioner and one member is appointed to represent the
department.
(c) The remaining members of the committee are appointed by the commissioner on an
ad hoc basis as necessary from persons directly affected by and involved in the current insect
infestation emergency.
(d) The commissioner, or the commissioner's designee, shall cast the deciding vote in
the event of a tie.
[
(d)
] 
(e)
 The committee is dissolved when the commissioner declares that the insect
infestation emergency is over.
(2) The committee shall:
(a) establish a system of priorities for any insect infestation emergency; and
(b) certify to the commissioner any area which requires the establishment of an insect
control district in areas of infestation and in which a simple majority of the landowners and
lessees whose total production exceeds 50% of the production in that area has agreed to pay
proportionate shares of the costs of controlling the insects infesting the area.
(3) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 363. Section 
4-35-104
, which is renumbered from Section 4-35-4 is
renumbered and amended to read:
[
4-35-4
].
 4-35-104.
Commissioner to declare emergency -- Powers of
commissioner in emergency.
(1) (a) The commissioner, with the consent of the governor, may declare that an insect
infestation emergency situation exists which jeopardizes property and resources, and designate
the area or areas affected.
(b) The area referred to in Subsection (1)(a) may include federal lands, after
notification of the appropriate federal land manager.
(2) The commissioner is authorized, subject to the requirements of Section [
4-35-5
]
4-35-105
, to direct all emergency measures the commission considers necessary to alleviate the
emergency condition.
(3)
 The commissioner shall:
(a) utilize equipment, supplies, facilities, personnel, and other available resources;
(b) enter into contracts for the acquisition, rental, or hire of equipment, services,
materials, and supplies;
(c) accept assistance, services, and facilities offered by federal and local governmental
units or private agencies; and
(d) accept on behalf of the state the provisions and benefits of acts of Congress
designated to provide assistance.
Section 364. Section 
4-35-105
, which is renumbered from Section 4-35-5 is
renumbered and amended to read:
[
4-35-5
].
 4-35-105.
Commissioner to act upon certification by committee --
Deposit required.
(1) The commissioner initiates operations to control the insect infestation in the
designated area or areas:
(a) upon [
certification by the committee under Subsection 
4-35-4
(2)
] 
declaration of an
infestation emergency, as described in Section 
4-35-104
; and
(b) upon deposit of the owner's and lessee's projected proportionate share of the costs.
(2) The commissioner and the members of the committee may suspend or terminate
control operations upon a determination that the operations will not significantly reduce the
insect population in the designated emergency area.
Section 365. Section 
4-35-106
, which is renumbered from Section 4-35-6 is
renumbered and amended to read:
[
4-35-6
].
 4-35-106.
4-35-6.
Money deposited as dedicated credits --
Balance nonlapsing -- Matching funds allowed.
(1) All money received by the state under this chapter is deposited by the Department
of Agriculture and Food as dedicated credits for the purpose of insect control with the state.
(2) The dedicated credits may be used as matching funds for:
(a) participation in programs of the United States Department of Agriculture; and
(b) in contracts with private property owners who own croplands contiguous to infested
public rangelands.
Section 366. Section 
4-35-107
, which is renumbered from Section 4-35-7 is
renumbered and amended to read:
[
4-35-7
].
 4-35-107.
Notice to owner or occupant -- Corrective action required
-- Directive issued by department -- Costs -- Owner or occupant may prohibit treatment.
(1) The department or an authorized agent of the department shall notify the owner or
occupant of the problem and the available alternatives to remedy the problem. The owner or
occupant shall take corrective action within 30 days.
(2) 
(a)
 If the owner or occupant fails to take corrective action under Subsection (1), the
department may issue a directive for corrective action which shall be taken within 15 days.
(b)
 If the owner or occupant fails to act within the required time, the department shall
take the necessary action.
(c)
 The department may recover costs incurred for controlling an insect infestation
emergency from the owner or occupant of the property on whose property corrective action was
taken.
(3) 
(a)
 Owners or occupants of property may prohibit [
spraying
] 
treatment
 by
presenting an affidavit from [
their
] 
the owner's or occupant's
 attending physician to the
department which states that the [
spraying
] 
treatment
 as planned is a danger to [
their
] 
the
owner's or occupant's
 health.
(b)
 The department shall provide the owner or occupant with alternatives to [
spraying
]
treatment
 which will abate the infestation.
Section 367. Section 
4-35-108
, which is renumbered from Section 4-35-8 is
renumbered and amended to read:
[
4-35-8
].
 4-35-108.
Persons and activities exempt from civil liability.
No state agency or [
its
] 
state agency
 officers and employees nor the officers, agents,
employees, or representatives of any governmental or private entity acting under the authority
granted by this chapter is liable for claims arising out of the reasonable exercise or performance
of duties and responsibilities under this chapter.
Section 368. Section 
4-35-109
, which is renumbered from Section 4-35-9 is
renumbered and amended to read:
[
4-35-9
].
 4-35-109.
Department to adopt rules.
The department is authorized to adopt and enforce rules to administer this chapter 
in
accordance with Title 63 G, Chapter 3, Utah Administrative Rulemaking Act
 .
Section 369. Section 
4-38-101
, which is renumbered from Section 4-38-1 is
renumbered and amended to read:
CHAPTER 38. UTAH HORSE REGULATION ACT
[
4-38-1
].
 4-38-101.
Title.
This chapter [
shall be
] 
is
 known as the "Utah Horse Regulation Act."
Section 370. Section 
4-38-102
, which is renumbered from Section 4-38-2 is
renumbered and amended to read:
[
4-38-2
].
 4-38-102.
Definitions.
As used in this chapter:
(1) "Commission" means the Utah Horse Racing Commission created by this chapter.
(2) "Executive director" means the executive director of the commission.
(3) "Mixed meet" means a race meet that includes races by more than one breed of
horse.
(4) "Race meet" means the entire period of time for which a licensee has been
approved by the commission to hold horse races.
(5) "Racetrack facility" means a racetrack within Utah approved by the commission for
the racing of horses, including the track surface, grandstands, clubhouse, all animal housing
and handling areas, and other areas in which a person may enter only upon payment of an
admission fee or upon presentation of authorized credentials.
(6) "Recognized race meet" means a race meet recognized by a national horse breed
association.
(7) "Utah bred horse" means a horse that is sired by a stallion standing in Utah at the
time the dam was bred.
Section 371. Section 
4-38-103
, which is renumbered from Section 4-38-3 is
renumbered and amended to read:
[
4-38-3
].
 4-38-103.
Utah Horse Racing Commission.
(1) (a) There is created within the department the Utah Horse Racing Commission.
(b) (i) The commission shall consist of seven members who shall be United States
citizens, Utah residents, and qualified voters [
of
] 
in
 Utah.
(ii) Each member shall have an interest in horse racing.
(iii) Two members shall be chosen from horse racing organizations.
(c) (i) The governor shall appoint the members of the commission.
(ii) The governor shall appoint commission members from a list of nominees submitted
by the commissioner of agriculture and food.
(d) (i) The members of the commission shall be appointed to four-year terms.
(ii) A commission member may not serve more than two consecutive terms.
(e) Each member shall hold office until [
his or her
] 
the member's
 successor is
appointed and qualified.
(f) Vacancies on the commission shall be filled by appointment by the governor for the
unexpired term.
(g) (i) A member may be removed from office by the governor for cause after a public
hearing.
(ii) Notice of the hearing shall fix the time and place of the hearing and shall specify
the charges.
(iii) Copies of the notice of the hearing shall be served on the member by mailing [
it
]
the notice of hearing
 to the member at [
his
] 
the member's
 last known address at least 10 days
before the date fixed for the hearing.
(iv) The governor may designate a hearing officer to preside over the hearing and
report [
his
] 
the hearing
 findings to the governor.
(2) (a) The members of the commission shall annually elect a commission chair.
(b) Five members of the commission shall constitute a quorum for the transaction of
any business of the commission.
(3) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(4) All claims and expenditures made under this chapter shall be first audited and
passed [
upon
] by the commission and when approved shall be paid in the manner provided by
law for payment of claims against the state.
(5) Any member of the commission who has a personal or private interest in any matter
proposed or pending before the commission shall publicly disclose this fact to the commission
and may not vote on the matter.
(6) Any member of the commission who owns or who has any interest
,
 or whose
spouse or member of his immediate family has any interest
,
 in a horse participating in a race
shall disclose that interest and may not participate in any commission decision involving that
race.
Section 372. Section 
4-38-104
, which is renumbered from Section 4-38-4 is
renumbered and amended to read:
[
4-38-4
].
 4-38-104.
Powers and duties of commission.
(1) The commission shall:
(a) license, regulate, and supervise all persons involved in the racing of horses as
provided in this chapter;
(b) license, regulate, and supervise all recognized race meets held in this state under the
terms of this chapter;
(c) cause the various places where recognized race meets are held to be visited and
inspected at least once a year;
(d) assist in procuring public liability insurance coverage from a private insurance
company for those licensees unable to otherwise obtain the insurance required under this
chapter;
(e) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to govern race meets, including rules:
(i) to resolve scheduling conflicts and settle disputes among licensees;
(ii) to supervise, discipline, suspend, fine, and bar from events all persons required to
be licensed by this chapter; and
(iii) to hold, conduct, and operate all recognized race meets conducted pursuant to this
chapter;
(f) determine which persons participating, directly or indirectly, in recognized race
meets require licenses;
(g) announce the time, place, and duration of recognized race meets for which licenses
shall be required; and
(h) establish reasonable fees for all licenses provided for under this chapter.
(2) The commission may:
(a) grant, suspend, or revoke licenses issued under this chapter;
(b) impose fines as provided in this chapter;
(c) access criminal history record information for all licensees and commission
employees; and
(d) exclude from any racetrack facility in this state any person who the commission
considers detrimental to the best interests of racing or any person who violates any provisions
of this chapter or any rule or order of the commission.
Section 373. Section 
4-38-105
, which is renumbered from Section 4-38-5 is
renumbered and amended to read:
[
4-38-5
].
 4-38-105.
Executive director.
(1)
 The commission shall be under the general administrative control of an executive
director appointed by the commissioner with the concurrence of the commission.
(2)
 The executive director shall serve at the pleasure of the commissioner.
Section 374. Section 
4-38-106
, which is renumbered from Section 4-38-6 is
renumbered and amended to read:
[
4-38-6
].
 4-38-106.
Public records.
All records of the commission shall be subject to Title 63G, Chapter 2, Government
Records Access and Management Act.
Section 375. Section 
4-38-201
, which is renumbered from Section 4-38-7 is
renumbered and amended to read:
Part 2. Events
[
4-38-7
].
 4-38-201.
Licenses -- Fees -- Duties of licensees.
(1) The commission may grant licenses for participation in racing and other activities
associated with racetracks.
(2) The commission shall establish a schedule of fees for the application for and
renewal and reinstatement of all licenses issued under this chapter.
(3) Each person holding a license under this chapter shall comply with this chapter and
with all rules [
promulgated
] 
issued
 and all orders issued by the commission under this chapter.
(4) Any person who holds a recognized race meet or who participates directly or
indirectly in a recognized race meet without being first licensed by the commission as required
under this chapter and any person violating any provisions of this chapter is subject to penalties
under Section [
4-2-15
] 
4-2-305
.
Section 376. Section 
4-38-202
, which is renumbered from Section 4-38-8 is
renumbered and amended to read:
[
4-38-8
].
 4-38-202.
Stewards.
(1) (a) The commission may delegate authority to enforce [
its
] 
commission
 rules and
this chapter to three stewards employed by the commission at each recognized race meet. At
least one of [
them
] 
the stewards
 shall be selected by the commission.
(b) Stewards shall exercise reasonable and necessary authority as designated by rules of
the commission including the following:
(i) enforce rules of the commission;
(ii) rule on the outcome of events;
(iii) evict from an event any person who has been convicted of bookmaking, bribery, or
attempts to alter the outcome of any race through tampering with any animal that is not in
accordance with this chapter or the rules of the commission;
(iv) levy fines not to exceed $2,500 for violations of rules of the commission, which
fines shall be reported daily and paid to the commission within 48 hours of imposition and
notice;
(v) suspend licenses not to exceed one year for violations of rules of the commission,
which suspension shall be reported to the commission daily; and
(vi) recommend that the commission impose fines or suspensions greater than
permitted by Subsections (1)(b)(iv) and (v).
(2) If a majority of the stewards agree, they may impose fines or suspend licenses.
(3) (a) Any fine or license suspension imposed by a steward may be appealed in writing
to the commission within five days after [
its
] 
the license suspension
 imposition. The
commission may affirm or reverse the decision of a steward or may increase or decrease any
fine or suspension.
(b) A fine imposed by the commission under this section or Section [
4-38-9
] 
4-38-301
may not exceed $10,000.
(c) Suspensions of a license may be for any period of time but shall be commensurate
with the seriousness of the offense.
Section 377. Section 
4-38-203
, which is renumbered from Section 4-38-10 is
renumbered and amended to read:
[
4-38-10
].
 4-38-203.
Race meets -- Licenses -- Fairs.
(1) Each person making application for a license to hold a race meet under this chapter
shall file an application with the commission which shall set forth the time, place, and number
of days the race meet will continue, and other information the commission may require.
(2) A person who has been convicted of a crime involving moral turpitude may not be
issued a license to hold a race meet.
(3) (a) The license issued shall specify the kind and character of the race meet to be
held, the number of days the race meet shall continue, and the number of races per day.
(b) The licensee shall pay in advance of the scheduled race meet to the commission a
fee of not less than $25. If unforeseen obstacles arise which prevent the holding or completion
of any race meet, the license fee held may be refunded to the licensee if the commission
considers the reason for failure to hold or complete the race meet sufficient.
(4) (a) Any unexpired license held by any person who violates any of the provisions of
this chapter, or [
who
] fails to pay to the commission any fees required under this chapter, shall
be subject to cancellation and revocation by the commission.
(b) This cancellation shall be made only after a summary hearing before the
commission, of which seven days notice in writing shall be given the licensee, specifying the
grounds for the proposed cancellation. At the hearing, the licensee shall be given an
opportunity to be heard in opposition to the proposed cancellation.
(5) (a) Fair boards or fair districts that conduct race meets in connection with regularly
scheduled annual fairs shall be exempt from payment of the fees provided in this section,
unless they sponsor a race in which the speed indexes are officially recognized under breed
requirements.
(b) All fair boards and fair meets shall be limited to 14 race days, unless otherwise
permitted by a unanimous vote of the commission.
(6) The exemption from the payment of fees under Subsection (5)(a) does not apply to
those qualifying for official speed index races.
Section 378. Section 
4-38-301
, which is renumbered from Section 4-38-9 is
renumbered and amended to read:
Part 3. Investigations and Prohibitions
[
4-38-9
].
 4-38-301.
Investigation -- License denial and suspension -- Grounds
for revocation -- Fines.
(1) The commission or [
its
] board of stewards of a recognized race meet, upon their
own motion may, and upon verified complaint in writing of any person shall, investigate the
activities of any licensee within the state or any licensed person upon the premises of a
racetrack facility.
(2) The commission or board of stewards may fine, suspend a license, or deny an
application for a license.
(3) The commission may revoke a license, if the licensee has committed any of the
following violations:
(a) substantial or willful misrepresentation;
(b) disregard for or violation of any provisions of this chapter or of any rule
[
promulgated
] 
issued
 by the commission;
(c) conviction of a felony under the laws of this or any other state or of the United
States, a certified copy of the judgment of the court of conviction of which shall be
presumptive evidence of the conviction in any hearing held under this section;
(d) fraud, willful misrepresentation, or deceit in racing;
(e) falsification, misrepresentation, or omission of required information in a license
application to the commission;
(f) failure to disclose to the commission a complete ownership or beneficial interest in
a horse entered to be raced;
(g) misrepresentation or attempted misrepresentation in connection with the sale of a
horse or other matter pertaining to racing or registration of racing animals;
(h) failure to comply with any order or rulings of the commission, the stewards, or a
racing official pertaining to a racing matter;
(i) ownership of any interest in or participation by any manner in any bookmaking,
pool-selling, touting, bet solicitation, or illegal enterprise;
(j) being unqualified by experience or competence to perform the activity permitted by
the license possessed or being applied for;
(k) employment or harboring of any unlicensed person on the premises of a racetrack
facility;
(l) discontinuance of or ineligibility for the activity for which the license was issued;
(m) being currently under suspension or revocation of a racing license in another racing
jurisdiction;
(n) possession on the premises of a racetrack facility of:
(i) firearms; or
(ii) a battery, buzzer, electrical device, or other appliance other than a whip which
could be used to alter the speed of a horse in a race or while working out or schooling;
(o) possession, on the premises of a racetrack facility, by a person other than a licensed
veterinarian of a hypodermic needle, hypodermic syringe, or other similar device that may be
used in administering medicine internally in a horse, or any substance, compound items, or
combination of any medicine, narcotic, stimulant, depressant, or anesthetic which could alter
the normal performance of a horse unless specifically authorized by a commission-approved
veterinarian;
(p) cruelty to or neglect of a horse;
(q) offering, promising, giving, accepting, or soliciting a bribe in any form, directly or
indirectly, to or by a person having any connection with the outcome of a race, or failure to
report knowledge of such act immediately to the stewards, the patrol judges, or the
commission;
(r) causing, attempting to cause, or participation in any way in any attempt to cause the
prearrangement of a race result, or failure to report knowledge of such act immediately to the
stewards, the patrol judges, or the commission;
(s) entering, or aiding and abetting the entry of, a horse ineligible or unqualified for the
race entered;
(t) willfully or unjustifiably entering or racing any horse in any race under any name or
designation other than the name or designation assigned to the animal by and registered with
the official recognized registry for that breed of animal, or willfully setting on foot, instigating,
engaging in, or in any way furthering any act by which any horse is entered or raced in any race
under any name or designation other than the name or designation duly assigned by and
registered with the official recognized registry for the breed of animal; or
(u) racing at a racetrack facility without having that horse registered to race at that
racetrack facility.
(4) (a) Any person who fails to pay in a timely manner any fine imposed pursuant to
this chapter shall pay, in addition to the fine due, a penalty amount equal to the fine.
(b) Any person who submits to the commission a check in payment of a fine or license
fee requirement imposed pursuant to this chapter, which is not honored by the financial
institution upon which it is drawn, shall pay, in addition to the fine or fee due, a penalty amount
equal to the fine.
Section 379. Section 
4-38-302
, which is renumbered from Section 4-38-11 is
renumbered and amended to read:
[
4-38-11
].
 4-38-302.
Stimulation or retardation of animals prohibited -- Tests.
(1) Any person who uses or permits the use of any mechanical or electrical device, or
drug of any kind, to stimulate or retard any animal in any race authorized by this chapter,
except as prescribed by the commission, is guilty of a class A misdemeanor.
(2) A commission member or race steward may cause tests to be made that [
they
consider
] 
the commission considers
 proper to determine whether any animal has been
stimulated or retarded. Tests performed in furtherance of this section shall be conducted by or
under the supervision of a licensed Utah veterinarian.
Section 380. Section 
4-38-303
, which is renumbered from Section 4-38-12 is
renumbered and amended to read:
[
4-38-12
].
 4-38-303.
Bribery and touting prohibited.
Any person who gives or promises or attempts to give, or any person who receives or
agrees to receive or attempts to receive, any money, bribe, or thing of value with intent to
influence any person to dishonestly umpire, manage, direct, judge, preside, officiate at, or
participate in any race conducted under this chapter with the intent or purpose that the result of
the race will be affected or influenced thereby, is guilty of a felony of the third degree and
subject to a fine of not more than $10,000.
Section 381. Section 
4-38-304
, which is renumbered from Section 4-38-15 is
renumbered and amended to read:
[
4-38-15
].
 4-38-304.
Gambling disclaimer.
Nothing in this chapter may be construed to legalize or permit any form of gambling.
Section 382. Section 
4-38-401
, which is renumbered from Section 4-38-13 is
renumbered and amended to read:
Part 4. Finances
[
4-38-13
].
 4-38-401.
Race meet escrow.
(1)
 Each race meet licensee shall deposit in escrow all added money and money from
payment races in a FDIC bank that has received prior approval from the commission.
(2)
 All payment deposits shall be made in a timely manner determined by the
commission, and each licensee shall provide proof of deposits as required by the commission.
Section 383. Section 
4-38-402
, which is renumbered from Section 4-38-16 is
renumbered and amended to read:
[
4-38-16
].
 4-38-402.
Horse Racing Account created -- Contents -- Use of
account money.
(1) There is created within the General Fund a restricted account known as the Horse
Racing Account.
(2) The Horse Racing Account consists of:
(a) license fees collected under this chapter;
(b) revenue from fines imposed under this chapter; and
(c) interest on account money.
(3) Upon appropriation by the Legislature, money from the account shall be used for
the administration of this chapter, including paying the costs of:
(a) public liability insurance;
(b) stewards;
(c) veterinarians; and
(d) drug testing.
Section 384. Section 
4-38-501
, which is renumbered from Section 4-38-14 is
renumbered and amended to read:
Part 5. Hearings
[
4-38-14
].
 4-38-501.
Hearings.
(1) Except as otherwise provided in this section, all proceedings before the commission
or [
its
] 
the commission's
 hearing officer with respect to the denial, suspension, or revocation of
licenses or the imposition of fines shall be conducted pursuant to Title 63G, Chapter 4,
Administrative Procedures Act.
(2) 
(a)
 These proceedings shall be held in the county where the commission has [
its
] 
an
office or in any other place the commission designates.
(b)
 The commission shall notify the applicant or licensee by mailing, by first class
mail, a copy of the written notice required to the last address furnished by the application or
licensee to the commission at least seven days in advance of the hearing.
(3) The commission may delegate [
its
] 
the commission's
 authority to conduct hearings
with respect to the denial or suspension of licenses or the imposition of a fine to a hearing
officer.
(4) Proceedings before the board of stewards need not be governed by the procedural or
other requirements of [
the
] 
Title 63G, Chapter 4,
 Administrative Procedures Act, but rather
shall be conducted in accordance with rules adopted by the commission.
(5) The commission and the board of stewards may administer oaths and affirmations,
sign and issue subpoenas, order the production of documents and other evidence, and regulate
the course of the hearing pursuant to rules adopted by [
it
] 
the commission
.
(6) 
(a)
 Any person aggrieved by a final order or ruling issued by a board of stewards
may appeal the order or ruling to the commission pursuant to procedural rules adopted by the
commission.
(b)
 The aggrieved party may petition the commission for a stay of execution pending
appeal to the commission.
Section 385. Section 
4-39-102
 is amended to read:
4-39-102.
Definitions.
As used in this chapter:
(1) "Domesticated elk" means elk of the genus and species cervus elaphus, held in
captivity and domestically raised for commercial purposes.
(2) "Domesticated elk facility" means a facility where 
only
 domesticated elk are raised.
(3) "Domesticated elk product" means any carcass, part of a carcass, hide, meat, meat
food product, antlers, or any part of a domesticated elk.
Section 386. Section 
4-39-104
 is amended to read:
4-39-104.
Domesticated Elk Act advisory council.
(1) The department shall establish a Domesticated Elk Act advisory council to give
advice and make recommendations on policies and rules adopted pursuant to this chapter.
(2) The advisory council shall consist of 10 members appointed by the commissioner
of agriculture to four-year terms as follows:
(a) one member, recommended by the executive director of the Department of Natural
Resources, shall represent the Department of Natural Resources;
(b) two members
, one of whom shall be the state veterinarian,
 shall represent the
Department of Agriculture[
, one of whom shall be the state veterinarian
];
(c) one member shall represent the livestock industry;
(d) one member, recommended by the executive director of the Department of Natural
Resources from a list of candidates submitted by the Division of Wildlife Resources, shall
represent wildlife interests; 
and
(e) five members, recommended by the Department of Agriculture, shall represent the
domesticated elk industry.
(3) Notwithstanding the requirements of Subsection (2), the commissioner shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
council members are staggered so that approximately half of the council is appointed every two
years.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(5) (a) A majority of the advisory council constitutes a quorum.
(b) A quorum is necessary for the council to act.
(6) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 387. Section 
4-39-107
 is amended to read:
4-39-107.
Powers of state veterinarian.
The state veterinarian shall:
(1) set up periodic or ongoing surveillance programs considered necessary for:
(a) the recognition, control, monitoring, and elimination of infectious diseases and
parasites; and
(b) monitoring genetic purity; and
(2) quarantine or make any disposition of diseased animals that [
he or she
] 
the state
veterinarian
 considers necessary for the control or eradication of that disease.
Section 388. Section 
4-39-108
 is amended to read:
4-39-108.
Deposit of fees.
The department shall deposit all fees collected under this chapter into the Utah
Livestock Brand and Anti-Theft Account created in Section [
4-24-24
] 
4-24-502
.
Section 389. Section 
4-39-201
 is amended to read:
4-39-201.
Fencing, posts, and gates.
(1) [
Each
] 
A
 domesticated elk facility shall, at a minimum, meet the requirements of
this section and shall be constructed to prevent the movement of [
domesticated elk
] 
domestic
wild cervids
 into or out of the facility.
(2) (a) All perimeter fences and gates shall be:
(i) a minimum of eight feet above ground level; and
(ii) constructed of hi-tensile steel.
(b) At least the bottom four feet shall be mesh with a maximum mesh size of 6" x 6".
(c) The remaining four feet shall be mesh with a maximum mesh size of 12" x 6".
(3) The minimum wire gauge shall be 14-1/2 gauge for a 2 woven hi-tensile fence.
(4) All perimeter gates at the entrances of 
a
 domesticated elk handling [
facilities
]
facility
 shall be locked, with consecutive or self-closing gates when animals are present.
(5) Posts shall be:
(a) (i) constructed of treated wood [
which
] 
that
 is at least four inches in diameter; or
(ii) constructed of a material with the strength equivalent of Subsection (5)(a)(i);
(b) spaced no more than 30 feet apart if one stay is used, or 20 feet apart if no stays are
used; and
(c) at least eight feet above ground level and two feet below ground level.
(6) Stays, between the posts, shall be:
(a) constructed of treated wood or steel;
(b) spaced no more than 15 feet from any post; and
(c) at least eight feet above ground level, and two feet below ground level.
(7) Corner posts and gate posts shall be braced wood or its strength equivalent.
Section 390. Section 
4-39-202
 is amended to read:
4-39-202.
General facility requirements.
(1) (a) Internal handling facilities shall be capable of humanely restraining an
individual animal and to facilitate:
(i) the application or reading of any animal identification;
(ii) the taking of blood or tissue samples; and
(iii) any other required or necessary testing procedure.
(b) A domesticated elk facility shall be properly constructed to protect inspection
personnel while [
they
] 
inspection personnel
 are handling the domesticated elk.
(2) The domesticated elk facility owner shall provide ample signage around the facility
indicating that it is a domesticated elk facility, so that the public is put on notice that the
animals are not wild elk.
Section 391. Section 
4-39-203
 is amended to read:
4-39-203.
License required to operate a domesticated elk facility.
(1) A person may not operate a domesticated elk facility without first obtaining a
license from the department.
(2) (a) Each application for a license to operate a domesticated elk facility shall be
accompanied by a fee.
(b) The fee shall be established by the department in accordance with Section
63J-1-504
.
(3) Each applicant for a domesticated elk facility license shall submit an application
providing all information in the form and manner as required by the department.
(4) (a) No license shall be issued until the department has inspected and approved the
facility.
(b) The department shall:
(i) notify the Division of Wildlife Resources at least 48 hours prior to a scheduled
inspection so that a Division of Wildlife Resources representative may be present at the
inspection; and
(ii) provide the Division of Wildlife Resources with copies of all licensing and
inspection reports.
(5) Each separate location of the domesticated elk operation shall be licensed
separately.
(6) (a) If a domesticated elk facility is operated under more than one business name
from a single location, the name of each operation shall be listed with the department in the
form and manner required by the department.
(b) The department shall require that a separate fee be paid for each business name
listed.
(c) If a domesticated elk facility operates under more than one business name from a
single location, [
the
] 
each
 facility shall maintain separate records.
(7) Each person or business entity with an equity interest in the domesticated elk shall
be listed on the application for license.
(8) Each domesticated elk facility license shall expire on July 1 in the year following
the year of issuance.
(9) Each licensee shall report to the department, in the form and manner required by
the department, any change in the information provided in the licensee's application or in the
reports previously submitted, within 15 days of each change.
(10) Licenses issued pursuant to this section are not transferable.
Section 392. Section 
4-39-205
 is amended to read:
4-39-205.
License renewal.
(1) To renew a license, the licensee shall submit to the department:
(a) an inspection certificate showing that:
(i) the domesticated elk, on the domesticated elk facility, have been inspected and
certified by the department for health, proof of ownership, and genetic purity 
certification for
all elk imported into the state
; and
(ii) the facility has been properly maintained as provided in this chapter during the
immediately preceding 60-day period; and
(b) a record of each purchase of domesticated elk and transfer of domesticated elk into
the facility, which shall include the following information:
(i) name, address, and health approval number of the source;
(ii) date of transaction; and
(iii) number and sex.
(2) (a) If the application for renewal is not received on or before April 30, a late fee
will be charged.
(b) A license may not be renewed until the fee is paid.
(3) If the application and fee for renewal are not received on or before July 1, the
license may not be renewed, and a new license shall be required.
Section 393. Section 
4-39-206
 is amended to read:
4-39-206.
Records to be maintained.
(1) The following records and information shall be maintained by a domesticated elk
facility for [
a period of five years
] 
the life of the animal plus two years
:
(a) records of purchase, acquisition, distribution, and production histories of
domesticated elk;
(b) records documenting antler harvesting, production, and distribution; and
(c) health certificates [
and genetic purity records
].
(2) For purposes of carrying out the provisions of this chapter and rules [
promulgated
]
made
 under this chapter [
and
], at any reasonable time during regular business hours, the
department shall have free and unimpeded access to inspect all records required to be kept.
(3) The department may make copies of the records referred to in this section.
Section 394. Section 
4-39-207
 is amended to read:
4-39-207.
Inspection of facilities.
(1) The department may conduct pathological or physical investigations at any
domesticated elk facility to ensure compliance with this chapter.
(2) For purposes of carrying out the provisions of this chapter and rules [
promulgated
]
made
 under this chapter [
and
], at any reasonable time during regular business hours, the
department shall have free and unimpeded access to inspect all buildings, yards, pens, pastures,
and other areas in which any domesticated elk are kept, handled, or transported.
(3) The department shall notify the Division of Wildlife Resources prior to an
inspection so that a Division of Wildlife Resources representative may be present at the
inspection.
Section 395. Section 
4-39-301
 is amended to read:
4-39-301.
Genetic purity requirements -- Proof of source.
[
As part of any inspection for licensing or renewing the license of a domesticated elk
facility, or for the importation, transportation, or change of ownership of any domesticated elk,
the
] 
The
 department shall require:
[
(1) proof of genetic testing to ensure the purity of the domesticated elk herds and
prevent the introduction of red deer or hybrid nonnative species into domesticated elk herds in
Utah by showing evidence of the purity of live animals, gametes, eggs, sperm, or other genetic
material; and
]
(1) that each domesticated elk, including gametes, eggs, or sperm, imported into the
state:
(a) test negative for the red deer genetic factor;
(b) be registered with gold or silver status with the North American Elk Breeders
Association; or
(c) come from a state which has a red deer genetic factor prevention program approved
by the department; and
(2) proof that the domesticated elk originates from a legal source as provided in
Section 
4-39-302
.
Section 396. Section 
4-39-304
 is amended to read:
4-39-304.
Marking domesticated elk.
(1) Each domesticated elk, not previously tattooed, shall be marked by either a tattoo,
as provided in Subsection (2), or by [
a microchip
] 
an electronic identification tag
, as provided
in Subsection (3):
(a) within 30 days of a change of ownership; or
(b) in the case of newborn calves, within 15 days after being weaned, but in any case,
no later than September 15.
(2) If a domesticated elk is identified with a tattoo, the tattoo shall:
(a) be placed peri-anally or inside the right ear; and
(b) consist of a four-digit herd number assigned by the department over a three-digit
individual animal number assigned by the owner.
(3) If a domesticated elk is identified with [
a microchip
] 
an electronic identification
tag
, it shall be placed in the right ear.
Section 397. Section 
4-39-305
 is amended to read:
4-39-305.
Transportation of domesticated elk to or from domesticated elk
facilities.
Any domesticated elk transferred to or from a domesticated elk facility within the state
shall be:
(1) accompanied by [
a brand inspection certificate
] 
proof of ownership
 specifying the
following:
(a) the name, address, and facility license number of the source;
(b) 
the
 number, sex, and individual identification number; and
(c) 
the
 name, address, and facility license number of the destination;
(2) accompanied by proof of genetic purity as provided in Section 
4-39-301
; and
(3) inspected by the department as provided in Section 
4-39-306
.
Section 398. Section 
4-39-306
 is amended to read:
4-39-306.
Inspection before movement, sale, or slaughter.
(1) Each domesticated elk facility licensee shall have the domesticated elk inspected by
the department [
prior to
] 
before
 any transportation, sale, [
removal of antlers,
] or slaughter.
(2) Any person transporting or possessing domesticated elk or domesticated elk
products shall have the appropriate brand inspection certificate in [
his or her
] 
the person's
possession.
Section 399. Section 
4-39-401
 is amended to read:
4-39-401.
Escape of domesticated elk -- Liability.
(1) It is the owner's responsibility to try to capture any domesticated elk that may have
escaped.
(2) The escape of a domesticated elk shall be reported immediately to the state
veterinarian or a brand inspector [
of the Department of Agriculture
] who shall notify the
Division of Wildlife Resources.
(3) If the domesticated elk is not recovered within 72 hours of the escape, the
[
Department of Agriculture
] 
department
, in conjunction with the Division of Wildlife
Resources, shall take whatever action is necessary to resolve the problem.
(4) The owner shall reimburse the state or a state agency for any reasonable recapture
costs that may be incurred in the recapture or destruction of the animal.
(5) Any escaped domesticated elk taken by a licensed hunter in a manner [
which
] 
that
complies with the provisions of Title 23, Wildlife Resources Code of Utah, and the rules of the
Wildlife Board shall be considered to be a legal taking and neither the licensed hunter, the
state, nor a state agency shall be liable to the owner for the killing.
(6) The owner shall be responsible to contain the domesticated elk to ensure that there
is no spread of disease from domesticated elk to wild elk and that the genetic purity of wild elk
is protected.
Section 400. Section 
4-39-402
 is amended to read:
4-39-402.
Removal of wild cervids -- Liability.
(1) Upon discovery of wild elk in a domesticated [
elk
] 
cervids
 facility, the licensee
shall immediately notify the Division of Wildlife Resources [
who
]
, which
 shall remove the
wild elk.
(2) The state or a state agency is not liable for disease or genetic purity problems of
domesticated elk [
which
] 
that
 may be attributed to wild [
elk
] 
cervids
.
Section 401. Section 
4-40-102
 is amended to read:
4-40-102.
Cat and Dog Community Spay and Neuter Program Restricted
Account -- Interest -- Use of contributions and interest.
(1) There is created within the General Fund the Cat and Dog Community Spay and
Neuter Program Restricted Account.
(2) The account shall be funded by contributions deposited into the Cat and Dog
Community Spay and Neuter Program Restricted Account in accordance with Section
59-10-1310
.
(3) (a) The Cat and Dog Community Spay and Neuter Program Restricted Account
shall earn interest.
(b) Interest earned on the Cat and Dog Community Spay and Neuter Program
Restricted Account shall be deposited into the Cat and Dog Community Spay and Neuter
Program Restricted Account.
(4) The department [
of Agriculture
] shall distribute contributions and interest deposited
into the Cat and Dog Community Spay and Neuter Program Restricted Account to one or more
organizations that:
(a) are exempt from federal income taxation under Section 501(c)(3), Internal Revenue
Code; or
(b) operate as a city or county animal shelter.
(5) (a) An organization described in Subsection (4) may apply to the department to
receive a distribution in accordance with Subsection (4).
(b) An organization that receives a distribution from the department in accordance with
Subsection (4):
(i) shall expend the distribution only to spay or neuter dogs and cats:
(A) owned by persons having low incomes; and
(B) by veterinarians who are licensed by Title 58, Chapter 28, Veterinary Practice Act;
and
(ii) may not expend the distribution for any administrative cost relating to an
expenditure authorized by Subsection (5)(b)(i).
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make rules:
(i) providing procedures and requirements for an organization to apply to the
department to receive a distribution in accordance with Subsection (4); and
(ii) to define what constitutes a person having a low income.
Section 402. Section 
4-41-103
 is amended to read:
4-41-103.
Industrial hemp -- Agricultural and academic research.
(1) The department may grow or cultivate industrial hemp for the purpose of
agricultural or academic research.
(2) The department shall certify a higher education institution to grow or cultivate
industrial hemp for the purpose of agricultural or academic research if the higher education
institution submits to the department:
(a) the location where the higher education institution intends to grow or cultivate
industrial hemp;
(b) the higher education institution's research plan; and
(c) the name of an employee of the higher education institution who will supervise the
industrial hemp growth, cultivation, and research.
(3) The department shall maintain a list of each industrial hemp certificate holder.
(4) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to ensure any industrial hemp project meets the standards of
an agricultural pilot project, as defined by Section 7606 of the [
U.S.
] 
United States
 Agricultural
Act of 2014.
(5) The department may set a fee, pursuant to Subsection 
4-2-103
(2), for the
application of an industrial hemp certificate.
Section 403. Section 
10-8-85.8
 is amended to read:
10-8-85.8.
Indemnification of farmers markets.
A municipality may:
(1) operate a farmers market, as defined in Section [
4-5-2
] 
4-5-102
, on
municipality-owned property in order to promote economic development;
(2) indemnify a food producer participating in the farmers market; and
(3) define the scope of the indemnification in an agreement with the food producer.
Section 404. Section 
11-38-302
 is amended to read:
11-38-302.
Use of money in program -- Criteria -- Administration.
(1) Subject to Subsection (2), the commission may authorize the use of money in the
program, by grant, to:
(a) a local entity;
(b) the Department of Natural Resources created under Section 
79-2-201
;
(c) the Department of Agriculture and Food created under Section [
4-2-1
] 
4-2-102
; or
(d) a charitable organization that qualifies as being tax exempt under Section 501(c)(3)
[
of the
]
,
 Internal Revenue Code.
(2) (a) The money in the program shall be used for preserving or restoring open land
and agricultural land.
(b) (i) Except as provided in Subsection (2)(b)(ii), money from the program may not be
used to purchase a fee interest in real property in order to preserve open land or agricultural
land, but may be used to establish a conservation easement under Title 57, Chapter 18, Land
Conservation Easement Act, or to fund similar methods to preserve open land or agricultural
land.
(ii) Notwithstanding Subsection (2)(b)(i), money from the fund may be used to
purchase a fee interest in real property to preserve open land or agricultural land if:
(A) the parcel to be purchased is no more than 20 acres in size; and
(B) with respect to a parcel purchased in a county in which over 50% of the land area is
publicly owned, real property roughly equivalent in size and located within that county is
contemporaneously transferred to private ownership from the governmental entity that
purchased the fee interest in real property.
(iii) Eminent domain may not be used or threatened in connection with any purchase
using money from the program.
(iv) A parcel of land larger than 20 acres in size may not be divided into separate
parcels smaller than 20 acres each to meet the requirement of Subsection (2)(b)(ii).
(c) A local entity, department, or organization under Subsection (1) may not receive
money from the program unless it provides matching funds equal to or greater than the amount
of money received from the program.
(d) In granting money from the program, the commission may impose conditions on
the recipient as to how the money is to be spent.
(e) The commission shall give priority to requests from the Department of Natural
Resources for up to 20% of each annual increase in the amount of money in the program if the
money is used for the protection of wildlife or watershed.
(f) (i) The commission may not make a grant from the program that exceeds
$1,000,000 until after making a report to the Legislative Management Committee about the
grant.
(ii) The Legislative Management Committee may make a recommendation to the
commission concerning the intended grant, but the recommendation is not binding on the
commission.
(3) In determining the amount and type of financial assistance to provide an entity,
department, or organization under Subsection (1) and subject to Subsection (2)(f), the
commission shall consider:
(a) the nature and amount of open land and agricultural land proposed to be preserved
or restored;
(b) the qualities of the open land and agricultural land proposed to be preserved or
restored;
(c) the cost effectiveness of the project to preserve or restore open land or agricultural
land;
(d) the funds available;
(e) the number of actual and potential applications for financial assistance and the
amount of money sought by those applications;
(f) the open land preservation plan of the local entity where the project is located and
the priority placed on the project by that local entity;
(g) the effects on housing affordability and diversity; and
(h) whether the project protects against the loss of private property ownership.
(4) If a local entity, department, or organization under Subsection (1) seeks money
from the program for a project whose purpose is to protect critical watershed, the commission
shall require that the needs and quality of that project be verified by the state engineer.
(5) Each interest in real property purchased with money from the program shall be held
and administered by the state or a local entity.
Section 405. Section 
17-50-323
 is amended to read:
17-50-323.
Indemnification of farmers markets.
A county may:
(1) operate a farmers market, as defined in Section [
4-5-2
] 
4-5-102
, on county-owned
property in order to promote economic development;
(2) indemnify a food producer participating in the farmers market; and
(3) define the scope of the indemnification in an agreement with the food producer.
Section 406. Section 
17D-3-102
 is amended to read:
17D-3-102.
Definitions.
As used in this chapter:
(1) "Commission" means the Conservation Commission, created in Section 
4-18-104
.
(2) "Conservation district" means a limited purpose local government entity, as
described in Section 
17D-3-103
, that operates under, is subject to, and has the powers set forth
in this chapter.
(3) "Department" means the Department of Agriculture and Food, created in Section
[
4-2-1
] 
4-2-102
.
Section 407. Section 
23-13-19
 is amended to read:
23-13-19.
Administering substances to protected wildlife prohibited --
Exceptions.
(1) For purposes of this section:
(a) "Administer" means the application of a substance by any method, including:
(i) injection;
(ii) inhalation;
(iii) ingestion; or
(iv) absorption.
(b) "Agricultural producer" means a person who produces an agricultural product.
(c) "Agricultural product" [
is as
] 
means the same as that term is
 defined in Section
[
4-1-8
] 
4-1-109
.
(d) "Substance" means a chemical or organic substance that:
(i) pacifies;
(ii) sedates;
(iii) immobilizes;
(iv) harms;
(v) kills;
(vi) controls fertility; or
(vii) has an effect that is similar to an effect listed in Subsections (1)(d)(i) through (vi).
(2) Except as authorized by Subsection (3) or a rule made by the Wildlife Board, a
person may not administer or attempt to administer a substance to protected wildlife.
(3) (a) A division employee or a person with written permission from the division may
administer a substance to protected wildlife if that employee or person administers the
substance to promote wildlife management and conservation.
(b) One or more of the following may administer a substance to protected wildlife that
the person is authorized by this title, the Wildlife Board, or the division to possess:
(i) a licensed veterinarian;
(ii) an unlicensed assistive personnel, as defined in Section 
58-28-102
; or
(iii) a person who is following written instructions for veterinary care from a licensed
veterinarian.
(4) A person is not liable under this section for administering a substance,
notwithstanding the substance has an effect described in Subsection (1)(d) on protected
wildlife, if:
(a) an agricultural producer administers the substance:
(i) for the sole purpose of producing an agricultural product and not for the purpose of
affecting protected wildlife in a manner described in Subsection (1)(d);
(ii) consistent with generally accepted agricultural practices; and
(iii) in compliance with applicable local, state, and federal law; or
(b) the protected wildlife presents an immediate threat of death or serious bodily injury
to a person.
Section 408. Section 
23-24-1
 is amended to read:
23-24-1.
Procedure to obtain compensation for livestock damage done by bear,
mountain lion, wolf, or eagle.
(1) As used in this section:
(a) "Damage" means injury to or loss of livestock.
(b) "Division" means the Division of Wildlife Resources.
(c) "Livestock" means cattle, sheep, goats, or turkeys.
(d) (i) "Wolf" means the gray wolf Canis lupus.
(ii) "Wolf" does not mean a wolf hybrid with a domestic dog.
(2) (a) (i) Except as provided by Subsection (2)(a)(ii), if livestock are damaged by a
bear, mountain lion, wolf, or an eagle, the owner may receive compensation for the fair market
value of the damage.
(ii) The owner may not receive compensation if the livestock is damaged by a wolf
within an area where a wolf is endangered or threatened under the Endangered Species Act of
1973, 16 U.S.C. Sec. 1531, et seq.
(b) To obtain this compensation, the owner of the damaged livestock shall notify the
division of the damage as soon as possible, but no later than four days after the damage is
discovered.
(c) The owner shall notify the division each time any damage is discovered.
(3) The livestock owner shall file a proof of loss form, provided by the division, no
later than 30 days after the original notification of damage was given to the division by the
owner.
(4) (a) (i) The division, with the assistance of the Department of Agriculture and Food
shall:
(A) within 30 days after the owner files the proof of loss form, either accept or deny the
claim for damages; and
(B) subject to Subsections (4)(a)(ii) through (4)(a)(iv), pay all accepted claims to the
extent money appropriated by the Legislature is available for this purpose.
(ii) Money appropriated from the Wildlife Resources Account may be used to provide
compensation for only up to 50% of the fair market value of any damaged livestock.
(iii) Money appropriated from the Wildlife Resources Account may not be used to
provide compensation for livestock damaged by an eagle or a wolf.
(iv) The division may not pay any eagle damage claim until the division has paid all
accepted mountain lion and bear damage claims for the fiscal year.
(b) The division may not pay mountain lion, bear, wolf, or eagle damage claims to a
livestock owner unless the owner has filed a completed livestock form and the appropriate fee
as outlined in Section [
4-23-7
] 
4-23-107
 for the immediately preceding and current year.
(c) (i) Unless the division denies a claim for the reason identified in Subsection (4)(b),
the owner may appeal the decision to a panel consisting of one person selected by the owner,
one person selected by the division, and a third person selected by the first two panel members.
(ii) The panel shall decide whether the division should pay all of the claim, a portion of
the claim, or none of the claim.
(5) By following the procedures and requirements of Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, the Wildlife Board may make and enforce rules to administer
and enforce this section.
Section 409. Section 
26-15-1
 is amended to read:
26-15-1.
Definitions.
As used in this chapter:
(1) (a) "Food handler" means any person working part-time or full-time in a food
service establishment who moves food or food containers, prepares, stores, or serves food;
comes in contact with any food, utensil, tableware or equipment; or washes the same. The term
also includes owners, supervisors, and management persons, and any other person working in a
food-service establishment. The term also includes any operator or person employed by one
who handles food dispensed through vending machines; or who comes into contact with food
contact surfaces or containers, equipment, utensils, or packaging materials used in connection
with vending machine operations; or who otherwise services or maintains one or more vending
machines.
(b) "Food handler" does not include a producer of food products selling food at a
farmers market as defined in Subsection [
4-5-2
] 
4-5-102
(5).
(2) "Pest" means a noxious, destructive, or troublesome organism whether plant or
animal, when found in and around places of human occupancy, habitation, or use which
threatens the public health or well being of the people within the state.
(3) "Vector" means any organism, such as insects or rodents, that transmits a pathogen
that can affect public health.
Section 410. Section 
58-37c-19.5
 is amended to read:
58-37c-19.5.
Iodine solution greater than 1.5% -- Prescription or permit required
-- Penalties.
(1) As used in this section, "iodine matrix" means iodine at concentrations greater than
1.5% by weight in a matrix or solution.
(2) A person may offer to sell, sell, or distribute an iodine matrix only:
(a) as a prescription drug, pursuant to a prescription issued by a veterinarian or
physician licensed within the state; or
(b) to a person who is actively engaged in the legal practice of animal husbandry of
livestock, as defined in Section [
4-1-8
] 
4-1-109
.
(3) Prescriptions issued under this section:
(a) shall provide for a specified number of refills;
(b) may be issued by electronic means, in accordance with Title 58, Chapter 17b,
Pharmacy Practice Act; and
(c) may be filled by a person other than the veterinarian or physician issuing the
prescription.
(4) A retailer offering iodine matrix for sale:
(a) shall store the iodine matrix so that the public does not have access to the iodine
matrix without the direct assistance or intervention of a retail employee;
(b) shall keep a record, which may consist of sales receipts, of each person purchasing
iodine matrix; and
(c) may, if necessary to ascertain the identity of the purchaser, ask for proof of
identification from the purchaser.
(5) A person engaging in a regulated transaction under Subsection (2) is guilty of a
class B misdemeanor if the person, under circumstances not amounting to a violation of
Subsection 
58-37d-4
(1)(c), offers to sell, sells, or distributes an iodine matrix to a person who:
(a) does not present a prescription or is not engaged in animal husbandry, as required
under Subsection (2); or
(b) is not excepted under Subsection (7).
(6) A person is guilty of a class A misdemeanor who, under circumstances not
amounting to a violation of Subsection 
58-37c-3
(11)(k) or 
58-37d-4
(1)(a):
(a) possesses an iodine matrix without proof of obtaining the solution in compliance
with Subsection (2); or
(b) offers to sell, sells, or distributes an iodine matrix in violation of Subsection (2).
(7) Subsection (6)(a) does not apply to:
(a) a chemistry or chemistry-related laboratory maintained by:
(i) a public or private regularly established secondary school; or
(ii) a public or private institution of higher education that is accredited by a regional or
national accrediting agency recognized by the United States Department of Education;
(b) a veterinarian licensed to practice under Title 58, Chapter 28, Veterinary Practice
Act;
(c) a general acute hospital; or
(d) a veterinarian, physician, pharmacist, retail distributor, wholesaler, manufacturer,
warehouseman, or common carrier, or an agent of any of these persons who possesses an
iodine matrix in the regular course of lawful business activities.
Section 411. Section 
63A-3-205
 is amended to read:
63A-3-205.
Revolving loan funds -- Standards and procedures -- Annual report.
(1) As used in this section, "revolving loan fund" means:
(a) the Water Resources Conservation and Development Fund, created in Section
73-10-24
;
(b) the Water Resources Construction Fund, created in Section 
73-10-8
;
(c) the Water Resources Cities Water Loan Fund, created in Section 
73-10-22
;
(d) the Clean Fuel Conversion Funds, created in Title 19, Chapter 1, Part 4, Clean
Fuels and Vehicle Technology Program Act;
(e) the Water Development Security Fund and its subaccounts, created in Section
73-10c-5
;
(f) the Agriculture Resource Development Fund, created in Section 
4-18-106
;
(g) the Utah Rural Rehabilitation Fund, created in Section [
4-19-4
] 
4-19-105
;
(h) the Permanent Community Impact Fund, created in Section 
35A-8-603
;
(i) the Petroleum Storage Tank Trust Fund, created in Section 
19-6-409
;
(j) the Uintah Basin Revitalization Fund, created in Section 
35A-8-1602
;
(k) the Navajo Revitalization Fund, created in Section 
35A-8-1704
; and
(l) the Energy Efficiency Fund, created in Section 
11-45-201
.
(2) The division shall for each revolving loan fund:
(a) make rules establishing standards and procedures governing:
(i) payment schedules and due dates;
(ii) interest rate effective dates;
(iii) loan documentation requirements; and
(iv) interest rate calculation requirements; and
(b) make an annual report to the Legislature containing:
(i) the total dollars loaned by that fund during the last fiscal year;
(ii) a listing of each loan currently more than 90 days delinquent, in default, or that was
restructured during the last fiscal year;
(iii) a description of each project that received money from that revolving loan fund;
(iv) the amount of each loan made to that project;
(v) the specific purpose for which the proceeds of the loan were to be used, if any;
(vi) any restrictions on the use of the loan proceeds;
(vii) the present value of each loan at the end of the fiscal year calculated using the
interest rate paid by the state on the bonds providing the revenue on which the loan is based or,
if that is unknown, on the average interest rate paid by the state on general obligation bonds
issued during the most recent fiscal year in which bonds were sold; and
(viii) the financial position of each revolving loan fund, including the fund's cash
investments, cash forecasts, and equity position.
Section 412. Section 
63B-1b-102
 is amended to read:
63B-1b-102.
Definitions.
As used in this chapter:
(1) "Agency bonds" means any bond, note, contract, or other evidence of indebtedness
representing loans or grants made by an authorizing agency.
(2) "Authorized official" means the state treasurer or other person authorized by a bond
document to perform the required action.
(3) "Authorizing agency" means the board, person, or unit with legal responsibility for
administering and managing revolving loan funds.
(4) "Bond document" means:
(a) a resolution of the commission; or
(b) an indenture or other similar document authorized by the commission that
authorizes and secures outstanding revenue bonds from time to time.
(5) "Commission" means the State Bonding Commission, created in Section
63B-1-201
.
(6) "Revenue bonds" means any special fund revenue bonds issued under this chapter.
(7) "Revolving Loan Funds" means:
(a) the Water Resources Conservation and Development Fund, created in Section
73-10-24
;
(b) the Water Resources Construction Fund, created in Section 
73-10-8
;
(c) the Water Resources Cities Water Loan Fund, created in Section 
73-10-22
;
(d) the Clean Fuel Conversion Funds, created in Title 19, Chapter 1, Part 4, Clean
Fuels and Vehicle Technology Program Act;
(e) the Water Development Security Fund and its subaccounts, created in Section
73-10c-5
;
(f) the Agriculture Resource Development Fund, created in Section 
4-18-106
;
(g) the Utah Rural Rehabilitation Fund, created in Section [
4-19-4
] 
4-19-105
;
(h) the Permanent Community Impact Fund, created in Section 
35A-8-303
;
(i) the Petroleum Storage Tank Trust Fund, created in Section 
19-6-409
; and
(j) the Transportation Infrastructure Loan Fund, created in Section 
72-2-202
.
Section 413. Section 
63B-1b-202
 is amended to read:
63B-1b-202.
Custodial officer -- Powers and duties.
(1) (a) There is created within the Division of Finance an officer responsible for the
care, custody, safekeeping, collection, and accounting of all bonds, notes, contracts, trust
documents, and other evidences of indebtedness:
(i) owned or administered by the state or any of its agencies; and
(ii) except as provided in Subsection (1)(b), relating to revolving loan funds.
(b) Notwithstanding Subsection (1)(a), the officer described in Subsection (1)(a) is not
responsible for the care, custody, safekeeping, collection, and accounting of a bond, note,
contract, trust document, or other evidence of indebtedness relating to the:
(i) Agriculture Resource Development Fund, created in Section 
4-18-106
;
(ii) Utah Rural Rehabilitation Fund, created in Section [
4-19-4
] 
4-19-105
;
(iii) Petroleum Storage Tank Trust Fund, created in Section 
19-6-409
;
(iv) Olene Walker Housing Loan Fund, created in Section 
35A-8-502
; and
(v) Brownfields Fund, created in Section 
19-8-120
.
(2) (a) Each authorizing agency shall deliver to this officer for the officer's care,
custody, safekeeping, collection, and accounting all bonds, notes, contracts, trust documents,
and other evidences of indebtedness:
(i) owned or administered by the state or any of its agencies; and
(ii) except as provided in Subsection (1)(b), relating to revolving loan funds.
(b) This officer shall:
(i) establish systems, programs, and facilities for the care, custody, safekeeping,
collection, and accounting for the bonds, notes, contracts, trust documents, and other evidences
of indebtedness submitted to the officer under this Subsection (2); and
(ii) shall make available updated reports to each authorizing agency as to the status of
loans under their authority.
(3) The officer described in Section 
63B-1b-201
 shall deliver to the officer described in
Subsection (1)(a) for the care, custody, safekeeping, collection, and accounting by the officer
described in Subsection (1)(a) of all bonds, notes, contracts, trust documents, and other
evidences of indebtedness closed as provided in Subsection 
63B-1b-201
(2)(b).
Section 414. Section 
63E-1-102
 is amended to read:
63E-1-102.
Definitions -- List of independent entities.
As used in this title:
(1) "Authorizing statute" means the statute creating an entity as an independent entity.
(2) "Committee" means the Retirement and Independent Entities Committee created by
Section 
63E-1-201
.
(3) "Independent corporation" means a corporation incorporated in accordance with
Chapter 2, Independent Corporations Act.
(4) (a) "Independent entity" means an entity having a public purpose relating to the
state or its citizens that is individually created by the state or is given by the state the right to
exist and conduct its affairs as an:
(i) independent state agency; or
(ii) independent corporation.
(b) "Independent entity" includes the:
(i) Utah Dairy Commission created by Section [
4-22-2
] 
4-22-103
;
(ii) Heber Valley Historic Railroad Authority created by Section 
63H-4-102
;
(iii) Utah State Railroad Museum Authority created by Section 
63H-5-102
;
(iv) Utah Housing Corporation created by Section 
63H-8-201
;
(v) Utah State Fair Corporation created by Section 
63H-6-103
;
(vi) Workers' Compensation Fund created by Section 
31A-33-102
;
(vii) Utah State Retirement Office created by Section 
49-11-201
;
(viii) School and Institutional Trust Lands Administration created by Section
53C-1-201
;
(ix) School and Institutional Trust Fund Office created by Section 
53D-1-201
;
(x) Utah Communications Authority created by Section [
63N-6-201
] 
63H-7a-201
;
(xi) Utah Energy Infrastructure Authority created by Section 
63H-2-201
;
(xii) Utah Capital Investment Corporation created by Section 
63N-6-301
; and
(xiii) Military Installation Development Authority created by Section 
63H-1-201
.
(c) Notwithstanding this Subsection (4), "independent entity" does not include:
(i) the Public Service Commission of Utah created by Section 
54-1-1
;
(ii) an institution within the state system of higher education;
(iii) a city, county, or town;
(iv) a local school district;
(v) a local district under Title 17B, Limited Purpose Local Government Entities - Local
Districts; or
(vi) a special service district under Title 17D, Chapter 1, Special Service District Act.
(5) "Independent state agency" means an entity that is created by the state, but is
independent of the governor's direct supervisory control.
(6) "Money held in trust" means money maintained for the benefit of:
(a) one or more private individuals, including public employees;
(b) one or more public or private entities; or
(c) the owners of a quasi-public corporation.
(7) "Public corporation" means an artificial person, public in ownership, individually
created by the state as a body politic and corporate for the administration of a public purpose
relating to the state or its citizens.
(8) "Quasi-public corporation" means an artificial person, private in ownership,
individually created as a corporation by the state, which has accepted from the state the grant of
a franchise or contract involving the performance of a public purpose relating to the state or its
citizens.
Section 415. Section 
63I-4a-102
 is amended to read:
63I-4a-102.
Definitions.
(1) (a) "Activity" means to provide a good or service.
(b) "Activity" includes to:
(i) manufacture a good or service;
(ii) process a good or service;
(iii) sell a good or service;
(iv) offer for sale a good or service;
(v) rent a good or service;
(vi) lease a good or service;
(vii) deliver a good or service;
(viii) distribute a good or service; or
(ix) advertise a good or service.
(2) (a) Except as provided in Subsection (2)(b), "agency" means:
(i) the state; or
(ii) an entity of the state including a department, office, division, authority,
commission, or board.
(b) "Agency" does not include:
(i) the Legislature;
(ii) an entity or agency of the Legislature;
(iii) the state auditor;
(iv) the state treasurer;
(v) the Office of the Attorney General;
(vi) the Utah Dairy Commission created in Section [
4-22-2
] 
4-22-103
;
(vii) the Heber Valley Historic Railroad Authority created in Section 
63H-4-102
;
(viii) the Utah State Railroad Museum Authority created in Section 
63H-5-102
;
(ix) the Utah Housing Corporation created in Section 
63H-8-201
;
(x) the Utah State Fair Corporation created in Section 
63H-6-103
;
(xi) the Workers' Compensation Fund created in Section 
31A-33-102
;
(xii) the Utah State Retirement Office created in Section 
49-11-201
;
(xiii) a charter school chartered by the State Charter School Board or a board of
trustees of a higher education institution under Title 53A, Chapter 1a, Part 5, The Utah Charter
Schools Act;
(xiv) the Utah Schools for the Deaf and the Blind created in Title 53A, Chapter 25b,
Utah Schools for the Deaf and the Blind;
(xv) an institution of higher education as defined in Section 
53B-3-102
;
(xvi) the School and Institutional Trust Lands Administration created in Section
53C-1-201
;
(xvii) the Utah Communications Authority created in Section 
63H-7a-201
; or
(xviii) the Utah Capital Investment Corporation created in Section 
63N-6-301
.
(3) "Agency head" means the chief administrative officer of an agency.
(4) "Board" means the Free Market Protection and Privatization Board created in
Section 
63I-4a-202
.
(5) "Commercial activity" means to engage in an activity that can be obtained in whole
or in part from a private enterprise.
(6) "Local entity" means:
(a) a political subdivision of the state, including a:
(i) county;
(ii) city;
(iii) town;
(iv) local school district;
(v) local district; or
(vi) special service district;
(b) an agency of an entity described in this Subsection (6), including a department,
office, division, authority, commission, or board; or
(c) an entity created by an interlocal cooperative agreement under Title 11, Chapter 13,
Interlocal Cooperation Act, between two or more entities described in this Subsection (6).
(7) "Private enterprise" means a person that engages in an activity for profit.
(8) "Privatize" means that an activity engaged in by an agency is transferred so that a
private enterprise engages in the activity, including a transfer by:
(a) contract;
(b) transfer of property; or
(c) another arrangement.
(9) "Special district" means:
(a) a local district, as defined in Section 
17B-1-102
;
(b) a special service district, as defined in Section 
17D-1-102
; or
(c) a conservation district, as defined in Section 
17D-3-102
.
Section 416. Section 
63J-7-102
 is amended to read:
63J-7-102.
Scope and applicability of chapter.
(1) Except as provided in Subsection (2), and except as otherwise provided by a statute
superseding provisions of this chapter by explicit reference to this chapter, the provisions of
this chapter apply to each agency and govern each grant received on or after May 5, 2008.
(2) This chapter does not govern:
(a) a grant deposited into a General Fund restricted account;
(b) a grant deposited into a Trust and Agency Fund as defined in Section 
51-5-4
;
(c) a grant deposited into an Enterprise Fund as defined in Section 
51-5-4
;
(d) a grant made to the state without a restriction or other designated purpose that is
deposited into the General Fund as free revenue;
(e) a grant made to the state that is restricted only to "education" and that is deposited
into the Education Fund or Uniform School Fund as free revenue;
(f) in-kind donations;
(g) a tax, fees, penalty, fine, surcharge, money judgment, or other money due the state
when required by state law or application of state law;
(h) a contribution made under Title 59, Chapter 10, Part 13, Individual Income Tax
Contribution Act;
(i) a grant received by an agency from another agency or political subdivision;
(j) a grant to the Utah Dairy Commission created in Section [
4-22-2
] 
4-22-103
;
(k) a grant to the Heber Valley Historic Railroad Authority created in Section
63H-4-102
;
(l) a grant to the Utah State Railroad Museum Authority created in Section 
63H-5-102
;
(m) a grant to the Utah Housing Corporation created in Section 
63H-8-201
;
(n) a grant to the Utah State Fair Corporation created in Section 
63H-6-103
;
(o) a grant to the Workers' Compensation Fund created in Section 
31A-33-102
;
(p) a grant to the Utah State Retirement Office created in Section 
49-11-201
;
(q) a grant to the School and Institutional Trust Lands Administration created in
Section 
53C-1-201
;
(r) a grant to the Utah Communications Authority created in Section 
63H-7a-201
;
(s) a grant to the Medical Education Program created in Section 
53B-24-202
;
(t) a grant to the Utah Capital Investment Corporation created in Section 
63N-6-301
;
(u) a grant to the Utah Charter School Finance Authority created in Section
53A-20b-103
;
(v) a grant to the State Building Ownership Authority created in Section 
63B-1-304
;
(w) a grant to the Utah Comprehensive Health Insurance Pool created in Section
31A-29-104
; or
(x) a grant to the Military Installation Development Authority created in Section
63H-1-201
.
(3) An agency need not seek legislative review or approval of grants under Part 2,
Grant Approval Requirements, if:
(a) the governor has declared a state of emergency; and
(b) the grant is donated to the agency to assist victims of the state of emergency under
Subsection 
53-2a-204
(1).
Section 417. Section 
63L-8-403
 is amended to read:
63L-8-403.
Grazing permits and leases.
(1) (a) Except as provided in Subsection (2), permits and leases for domestic livestock
grazing on public land issued by the director may not exceed a term of five years, subject to
terms and conditions the director determines to be appropriate and consistent with this chapter.
(b) The director shall have authority to cancel, suspend, or modify a grazing permit or
lease, in whole or in part:
(i) pursuant to the terms and conditions of the permit or lease;
(ii) for any violation of:
(A) this chapter or a grazing rule implemented under this chapter; or
(B) any term or condition of the grazing permit or lease; or
(iii) to protect rangeland health from overutilization pursuant to Subsection (7).
(2) The holder of an expiring permit or lease shall be given first priority for receipt of
the new permit or lease, provided:
(a) the land for which the permit or lease is issued remains available for domestic
livestock grazing in accordance with a land use plan prepared pursuant to Section 
63L-8-202
;
(b) the permittee or lessee is in compliance with:
(i) the provisions of this chapter and the grazing rules issued by the DLM, in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
(ii) the terms and conditions in the permit or lease specified by the director;
(c) the permittee or lessee accepts the terms and conditions included by the director in
the new permit or lease; and
(d) range conditions on the tract of public land are sufficient to support continued
livestock grazing, as determined by the director pursuant to Subsection (7).
(3) All permits and leases for domestic livestock grazing issued under this part may be
incorporated in an allotment management plan developed by the director.
(4) (a) If the director elects to develop an allotment management plan for a given area,
the director shall do so in consultation, cooperation, and coordination with:
(i) the lessees, permittees, and landowners involved;
(ii) the commissioner;
(iii) the State Grazing Advisory Board established under Section [
4-20-1.5
] 
4-20-103
;
and
(iv) the political subdivision having land within the area covered by the proposed
allotment management plan.
(b) An allotment management plan shall be:
(i) tailored to the specific range condition of the area covered by the plan; and
(ii) reviewed on a periodic basis to determine:
(A) the efficacy of the plan in improving range conditions on the involved land; and
(B) whether the land can be better managed.
(5) The director may revise or terminate plans, or develop new plans, after review and
consideration, consultation, cooperation, and coordination with the parties listed in Subsection
(4)(a).
(6) (a) In all cases where the director has not completed an allotment management plan
or determines that an allotment management plan is not necessary for management of livestock
operations, the director shall incorporate in grazing permits and leases all necessary terms and
conditions for the appropriate management of the permitted or leased land.
(b) The director, in consultation with the commissioner:
(i) shall specify the number of animals to be grazed and the seasons of use; and
(ii) may reexamine the condition of the range and forage utilization at any time.
(7) If the director finds that the condition of the range requires adjustment in the
amount or other aspect of grazing use, the permittee or lessee shall adjust the permittee or
lessee's use to the extent required by the director.
(8) An allotment management plan may not refer to livestock operations or range
improvements on non-public land, except where the non-public land is intermingled with
public land and the consent of the owner of the non-public land and the permittee or lessee
involved with the plan is obtained.
(9) (a) Whenever a permit or lease for grazing domestic livestock on public land is
canceled, in whole or in part, in order to devote the land covered by the permit or lease to
another public purpose, the permittee or lessee shall receive from the state reasonable
compensation for the adjusted value, to be determined by the director, of the permittee's or
lessee's interest in authorized permanent improvements placed or constructed by the permittee
or lessee on lands covered by such permit or lease.
(b) The compensation described in Subsection (9)(a) may not exceed the fair market
value of the terminated portion of the permittee's or lessee's interest.
(10) Except in cases of emergency, no permit or lease shall be canceled under this
subsection without one year's notification. 
Section 418. Section 
72-7-401
 is amended to read:
72-7-401.
Application of size, weight, and load limitations for vehicles --
Exceptions.
(1) (a) Except as provided in Subsection (2), the maximum size, weight, and load
limitations on vehicles under this part apply to all highways throughout the state.
(b) Local authorities may not alter the limitations except as expressly provided under
Sections 
41-6a-204
 and 
72-7-408
.
(2) Except as specifically made applicable, the size, weight, and load limitations in this
chapter do not apply to:
(a) fire-fighting apparatus;
(b) highway construction and maintenance equipment being operated at the site of
maintenance or at a construction project as authorized by a highway authority;
(c) highway construction and maintenance equipment temporarily being operated
between a material site and a highway maintenance site or a highway construction project if:
(i) the section of any highway being used is not located within a county of the first or
second class;
(ii) authorized for a specific highway project by the highway authority having
jurisdiction over each highway being used;
(iii) the distance between the material site and maintenance site or highway
construction project does not exceed 10 miles; and
(iv) the operator carries in the vehicle written verification of the authorization from the
highway authority having jurisdiction over each highway being used;
(d) implements of husbandry incidentally moved on a highway while engaged in an
agricultural operation or incidentally moved for repair or servicing, subject to the provisions of
Section 
72-7-407
;
(e) vehicles transporting logs or poles from forest to sawmill:
(i) when required to move upon a highway other than the national system of interstate
and defense highways;
(ii) if the gross vehicle weight does not exceed 80,000 pounds; and
(iii) the vehicle or combination of vehicles are in compliance with Subsections
72-7-404
(1) and (2)(a); and
(f) tow trucks or towing vehicles under emergency conditions when:
(i) it becomes necessary to move a vehicle, combination of vehicles, special mobile
equipment, or objects to the nearest safe area for parking or temporary storage;
(ii) no other alternative is available; and
(iii) the movement is for the safety of the traveling public.
(3) (a) Except when operating on the national system of interstate and defense
highways, a motor vehicle carrying livestock as defined in Section [
4-1-8
] 
4-1-109
, or a motor
vehicle carrying raw grain if the grain is being transported by the farmer from his farm to
market prior to bagging, weighing, or processing, may exceed by up to 2,000 pounds the
tandem axle weight limitations specified under Section 
72-7-404
 without obtaining an
overweight permit under Section 
72-7-406
.
(b) Subsection (3)(a) is an exception to Sections 
72-7-404
 and 
72-7-406
.
Section 419. Section 
72-9-502
 is amended to read:
72-9-502.
Motor vehicles to stop at ports-of-entry -- Signs -- Exceptions --
Rulemaking -- By-pass permits.
(1) Except under Subsection (3), a motor carrier operating a motor vehicle with a gross
vehicle weight of 10,001 pounds or more or any motor vehicle carrying livestock as defined in
Section [
4-24-2
] 
4-24-102
 shall stop at a port-of-entry as required under this section.
(2) The department may erect and maintain signs directing motor vehicles to a
port-of-entry as provided in this section.
(3) A motor vehicle required to stop at a port-of-entry under Subsection (1) is exempt
from this section if:
(a) the total one-way trip distance for the motor vehicle would be increased by more
than 5% or three miles, whichever is greater if diverted to a port-of-entry; or
(b) the motor vehicle is operating under a temporary port-of-entry by-pass permit
issued under Subsection (4).
(4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the department shall make rules for the issuance of a temporary port-of-entry by-pass permit
exempting a motor vehicle from the provisions of Subsection (1) if the department determines
that the permit is needed to accommodate highway transportation needs due to multiple daily or
weekly trips in the proximity of a port-of-entry.
(b) The rules under Subsection (4)(a) shall provide that one permit may be issued to a
motor carrier for multiple motor vehicles.
Section 420. Section 
73-20-2
 is amended to read:
73-20-2.
Definitions.
As used in this [
act
] 
chapter
:
(1) "Advisory board" means the Agricultural Advisory Board created by Section
[
4-2-7
] 
4-2-108
.
[
(5)
] 
(2)
 "Basic livestock" means a herd of cattle, sheep, or swine kept and maintained
primarily for breeding purposes.
[
(2)
] 
(3)
 "Board" means the Board of Water Resources created by Section 
73-10-1.5
.
[
(3)
] 
(4)
 "Commercial farm" means a tract or tracts of land with or without
improvements recognized as a farm or ranch in this state which is owned and operated or
leased and operated by the applicant, and used in the production and raising of basic livestock.
[
(4)
] 
(5)
 "Farmer" means any person who owns and operates or leases and operates a
commercial farm in this state, and includes individuals, partnerships and corporations.
Section 421. Section 
76-6-111
 is amended to read:
76-6-111.
Wanton destruction of livestock -- Penalties -- Restitution criteria --
Seizure and disposition of property.
(1) As used in this section:
(a) "Law enforcement officer" means the same as that term is defined in Section
53-13-103
.
(b) "Livestock" means a domestic animal or fur bearer raised or kept for profit,
including:
(i) cattle;
(ii) sheep;
(iii) goats;
(iv) swine;
(v) horses;
(vi) mules;
(vii) poultry; and
(viii) domesticated elk as defined in Section 
4-39-102
.
(2) Unless authorized by Section [
4-25-4
, 
4-25-5
, 
4-25-14
,
] 
4-25-201
, 
4-25-202
,
4-25-402
,
4-39-401
, or 
18-1-3
, a person is guilty of wanton destruction of livestock if that
person:
(a) injures, physically alters, releases, or causes the death of livestock; and
(b) does so:
(i) intentionally or knowingly; and
(ii) without the permission of the owner of the livestock.
(3) Wanton destruction of livestock is punishable as a:
(a) class B misdemeanor if the aggregate value of the livestock is $500 or less;
(b) class A misdemeanor if the aggregate value of the livestock is more than $500, but
does not exceed $1,500;
(c) third degree felony if the aggregate value of the livestock is more than $1,500, but
does not exceed $5,000; and
(d) second degree felony if the aggregate value of the livestock is more than $5,000.
(4) When a court orders a person who is convicted of wanton destruction of livestock
to pay restitution under Title 77, Chapter 38a, Crime Victims Restitution Act, the court shall
consider, in addition to the restitution criteria in Section 
77-38a-302
, the restitution guidelines
in Subsection (5) when setting the amount.
(5) The minimum restitution value for cattle and sheep is the sum of the following,
unless the court states on the record why it finds the sum to be inappropriate:
(a) the fair market value of the animal, using as a guide the market information
obtained from the Department of Agriculture and Food created under Section [
4-2-1
] 
4-2-102
;
and
(b) 10 years times the average annual value of offspring, for which average annual
value is determined using data obtained from the National Agricultural Statistics Service within
the United States Department of Agriculture, for the most recent 10-year period available.
(6) A material, device, or vehicle used in violation of Subsection (2) is subject to
forfeiture under the procedures and substantive protections established in Title 24, Forfeiture
and Disposition of Property Act.
(7) A peace officer may seize a material, device, or vehicle used in violation of
Subsection (2):
(a) upon notice and service of process issued by a court having jurisdiction over the
property; or
(b) without notice and service of process if:
(i) the seizure is incident to an arrest under:
(A) a search warrant; or
(B) an inspection under an administrative inspection warrant;
(ii) the material, device, or vehicle has been the subject of a prior judgment in favor of
the state in a criminal injunction or forfeiture proceeding under this section; or
(iii) the peace officer has probable cause to believe that the property has been used in
violation of Subsection (2).
(8) (a) A material, device, or vehicle seized under this section is not repleviable but is
in custody of the law enforcement agency making the seizure, subject only to the orders and
decrees of a court or official having jurisdiction.
(b) A peace officer who seizes a material, device, or vehicle under this section may:
(i) place the property under seal;
(ii) remove the property to a place designated by the warrant under which it was seized;
or
(iii) take custody of the property and remove it to an appropriate location for
disposition in accordance with law.
Section 422. Section 
78B-4-202
 is amended to read:
78B-4-202.
Equine and livestock activity liability limitations.
(1) It shall be presumed that participants in equine or livestock activities are aware of
and understand that there are inherent risks associated with these activities.
(2) An equine activity sponsor, equine professional, livestock activity sponsor, or
livestock professional is not liable for an injury to or the death of a participant due to the
inherent risks associated with these activities, unless the sponsor or professional:
(a) (i) provided the equipment or tack;
(ii) the equipment or tack caused the injury; and
(iii) the equipment failure was due to the sponsor's or professional's negligence;
(b) failed to make reasonable efforts to determine whether the equine or livestock
could behave in a manner consistent with the activity with the participant;
(c) owns, leases, rents, or is in legal possession and control of land or facilities upon
which the participant sustained injuries because of a dangerous condition which was known to
or should have been known to the sponsor or professional and for which warning signs have
not been conspicuously posted;
(d) (i) commits an act or omission that constitutes negligence, gross negligence, or
willful or wanton disregard for the safety of the participant; and
(ii) that act or omission causes the injury; or
(e) intentionally injures or causes the injury to the participant.
(3) This chapter does not prevent or limit the liability of an equine activity sponsor, an
equine professional, a livestock activity sponsor, or a livestock professional who is:
(a) a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act, in an
action to recover for damages incurred in the course of providing professional treatment of an
equine;
(b) liable under Title 4, Chapter 25, [
Estraying and Trespassing Animals
] 
Estrays
; or
(c) liable under Title 78B, Chapter 6, Part 7, Utah Product Liability Act.
Section 423. 
Repealer.
This bill repeals:
Section 
4-11-15
,
Wax-salvage operations -- County bee inspector to supervise
compliance with rules -- Salvage procedures specified.
Section 
4-18-109
,
Public lands wildfire study and analysis -- Report.
Section 
4-25-10
,
Bulls -- Number required on range during breeding season.
Section 
4-25-11
,
Determination and enforcement of bull running policy by range
association.
Section 
4-31-117
,
State chemist -- Assistance in diagnosis of disease.
Section 
4-36-1
,
Compact enacted and entered into.
Section 
4-36-2
,
Cooperation with Pest Control Insurance Fund.
Section 
4-36-3
,
Filing of compact.
Section 
4-36-4
,
Compact administrator.
Section 
4-36-5
,
Applications for assistance.
Section 
4-36-6
,
Disposition of money from compact insurance fund.
Section 
4-36-7
,
Executive head defined.
Section 424. 
Effective date.
This bill takes effect on July 1, 2018.
Legislative Review Note
Office of Legislative Research and General Counsel