Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 168 (2018GS)

Sponsor

Sen. Dayton, M.

Final action

Governor Signed 3/20/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• describes the circumstances under which the department can refuse or cancel a commercial feed registration;
• changes labeling requirements for commercial feed;
• changes labeling requirements for seed;
• adds nonprofit organization to the list of entities that:
• the department can enter into a cooperative agreement with; and
• can receive money from the Invasive Species Mitigation Account;
• specifies requirements for transporting domesticated elk;
• specifies unlawful acts; and
• makes technical changes.

Every vote on this bill

Bill text

UTAH AGRICULTURAL CODE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Margaret Dayton
House Sponsor: 
Lee B. Perry
LONG TITLE
General Description:
This bill amends provisions of the Utah Commercial Feed Act, Utah Seed Act, Utah
Noxious Weed Act, and the Utah Livestock Brand and Anti-Theft Act.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ describes the circumstances under which the department can refuse or cancel a
commercial feed registration;
▸ changes labeling requirements for commercial feed;
▸ changes labeling requirements for seed;
▸ adds nonprofit organization to the list of entities that:
• the department can enter into a cooperative agreement with; and
• can receive money from the Invasive Species Mitigation Account;
▸ specifies requirements for transporting domesticated elk;
▸ specifies unlawful acts; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-16-102
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-16-201
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-16-202
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-17-114
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-17-115
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-24-102
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-24-104
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-24-303
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-24-307
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-24-502
, as renumbered and amended by Laws of Utah 2017, Chapter 345
4-39-205
, as last amended by Laws of Utah 2017, Chapter 345
4-39-304
, as last amended by Laws of Utah 2017, Chapter 345
4-39-305
, as last amended by Laws of Utah 2017, Chapter 345
4-39-306
, as last amended by Laws of Utah 2017, Chapter 345
4-39-401
, as last amended by Laws of Utah 2017, Chapter 345
RENUMBERS AND AMENDS:
4-12-101
, (Renumbered from 4-12-1, as last amended by Laws of Utah 1992, Chapter
30)
4-12-102
, (Renumbered from 4-12-2, as last amended by Laws of Utah 2007, Chapter
179)
4-12-103
, (Renumbered from 4-12-3, as last amended by Laws of Utah 2008, Chapter
382)
4-12-104
, (Renumbered from 4-12-4, as last amended by Laws of Utah 2017, Chapter
345)
4-12-105
, (Renumbered from 4-12-5, as last amended by Laws of Utah 2007, Chapter
179)
4-12-106
, (Renumbered from 4-12-6, as enacted by Laws of Utah 1979, Chapter 2)
4-12-107
, (Renumbered from 4-12-7, as enacted by Laws of Utah 1979, Chapter 2)
4-12-108
, (Renumbered from 4-12-8, as enacted by Laws of Utah 1979, Chapter 2)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-12-101
, which is renumbered from Section 4-12-1 is renumbered
and amended to read:
CHAPTER 12. UTAH COMMERCIAL FEED ACT
[
4-12-1
].
 4-12-101.
Title.
This chapter is known as the "Utah Commercial Feed Act."
Section 2. Section 
4-12-102
, which is renumbered from Section 4-12-2 is renumbered
and amended to read:
[
4-12-2
].
 4-12-102.
Definitions.
As used in this chapter:
(1) "Adulterated commercial feed" means any commercial feed 
that
:
(a) (i) [
that
] contains any poisonous or deleterious substance that may render it
injurious to health;
(ii) [
that
] contains any added poisonous, added deleterious, or added nonnutritive
substance that is unsafe within the meaning of 21 U.S.C. Sec. 346, other than a pesticide
chemical in or on a raw agricultural commodity or a food additive;
(iii) [
that
] contains any food additive or color additive that is unsafe within the
meaning of 21 U.S.C. Sec. 348 or 379e;
(iv) [
that
] contains a pesticide chemical in or on a raw agricultural commodity [
which
]
that
 is unsafe within the meaning of 21 U.S.C. Sec. 346a unless it is used in or on the raw
agricultural commodity in conformity with an exemption or tolerance prescribed under 21
U.S.C. Sec. 346a and is subjected to processing such as canning, cooking, freezing,
dehydrating, or milling, so that the residue, if any, of the pesticide chemical in or on [
such
] 
the
processed feed is removed to the extent possible through good manufacturing practices as
prescribed by rules of the department so that the concentration of the residue in the processed
feed is not greater than the tolerance prescribed for the raw agricultural commodity in 21
U.S.C. Sec. 346a;
(v) [
that
] contains viable weed seeds in amounts exceeding limits established by rule of
the department; [
or
]
(vi) [
that
] contains a drug that does not conform to good manufacturing practice as
prescribed by federal regulations promulgated under authority of the Federal Food, Drug, and
Cosmetic Act, 21 U.S.C. Sec. 301 et seq., for medicated feed premixes and for medicated feeds
unless the department determines that [
such
] 
the
 regulations are not appropriate to the
conditions that exist in this state; [
or
]
(vii) contains any filthy, putrid, or decomposed substance, or is otherwise unfit for
feed; or
(viii) has been prepared, packed, or held under unsanitary conditions; or
(b) [
that
] has a valuable constituent omitted or abstracted from it, in whole or in part,
or its composition or quality falls below or differs from that represented on its label or in
labeling.
(2) "Brand name" means [
any word, name, symbol, or device that identifies the
distributor or registrant of a commercial feed.
] 
one or more words, names, symbols, or devices
that:
(a) identify a distributor or registrant's commercial feed; and
(b) distinguish the distributor or registrant's commercial feed from the commercial feed
of others.
[
(3) "Commercial feed" means all materials, except unadulterated whole unmixed
seeds or unadulterated physically altered entire unmixed seeds, that are distributed for use as
feed or for mixing in feed; provided, that the department may exempt from this definition by
rule, or from specific sections of this chapter, commodities such as hay, straw, stover, silage,
cobs, husks, hulls, and individual chemical compounds or substances if the commodities,
compounds, or substances are not inter-mixed or mixed with other materials, and are not
adulterated within the meaning of Subsection (1)(a).
]
(3) (a) "Commercial feed" means all materials that are distributed for use as feed or for
mixing in feed.
(b) "Commercial feed" does not include:
(i) unadulterated, whole, unmixed seeds;
(ii) unadulterated, physically altered, entire, unmixed seeds; or
(iii) any unadulterated commodity that the department specifies by rule made in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, including hay,
straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances,
unless the commodities, compounds, or substances are intermixed or mixed with other
materials.
(4) "Contract feeder" means a person who:
(a) is an independent contractor; and
(b) in accordance with the terms of a contract:
(i) is provided commercial feed;
(ii) feeds the commercial feed to an animal; and
(iii) receives remuneration that is calculated in whole or in part by feed consumption,
mortality, profit, product amount, or product quality.
[
(4)
] 
(5)
 "Customer-formula feed" means commercial feed that consists of a mixture of
commercial feeds or feed ingredients
, each batch of which is
 manufactured according to the
specific instructions of the final purchaser.
[
(5)
] 
(6)
 "Distribute" means to:
(a) offer for sale, sell, exchange, or barter commercial feed; or
(b) supply, furnish, or otherwise provide commercial feed to a contract feeder.
[
(6)
] 
(7)
 "Drug" means any article intended
:
(a)
 for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in
animals other than [
man and articles other than feed intended
] 
humans; and
(b)
 to affect the structure or any function of the animal body
, unless the article is feed
.
[
(7)
] 
(8)
 "Feed ingredient" means each constituent material in a commercial feed.
[
(8)
] 
(9)
 "Label" means any written, printed, or graphic matter upon or accompanying a
commercial feed.
[
(9)
] 
(10)
 "Manufacture" means to grind, mix, blend, or otherwise process a
commercial feed for distribution.
[
(10)
] 
(11)
 "Mineral feed" means a commercial feed intended to supply primarily
mineral elements or inorganic nutrients.
[
(11)
] 
(12) (a)
 "Misbranded" means any commercial feed, whether in a container or in
bulk, that bears a label that
:
(i)
 is false or misleading in any particular[
, or that bears a label that
]
; or
(ii)
 does not strictly conform to the labeling requirements of Section [
4-12-5
] 
4-12-105
.
(b) "Misbranded" includes commercial feed that is distributed under the name of
another commercial feed.
[
(12)
] 
(13)
 "Official sample" means a sample of commercial feed taken by the
department 
in accordance with this chapter
 and designated as "official."
[
(13)
] 
(14)
 "Percent" or "percentage" means percentage by weight.
(15) "Pet" means a domesticated dog or cat.
(16) "Pet food" means a commercial feed prepared and distributed for consumption by
a pet.
(17) "Product name" means the name of the commercial feed that:
(a) identifies the kind, class, or specific use of the commercial feed; and
(b) distinguishes the commercial feed from all other products bearing the same brand
name.
(18) "Quantity statement" means the net weight in mass, liquid measurement, or count.
(19) "Specialty pet" means any animal normally maintained in a household for
nonproduction purposes, including rodents, ornamental birds, ornamental fish, reptiles,
amphibians, ferrets, hedgehogs, marsupials, and rabbits.
(20) "Specialty pet food" means a commercial feed prepared and distributed for
consumption by a speciality pet.
[
(14)
] 
(21)
 "Ton" means a net weight of 2,000 pounds avoirdupois.
Section 3. Section 
4-12-103
, which is renumbered from Section 4-12-3 is renumbered
and amended to read:
[
4-12-3
].
 4-12-103.
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 necessary
] 
rules
 to
administer and enforce this chapter and may cooperate with, or enter into agreements with,
other agencies of this state, other states, and agencies of the United States in the administration
and enforcement of this chapter.
(2) The department shall by rule adopt the following, unless the department determines
that they are inconsistent with the provisions of this chapter or are not appropriate to conditions
that exist in this state:
(a) the Official Definitions of Feed Ingredients and Official Feed Terms adopted by the
Association of American Feed Control Officials and published in the official publication of
that organization; and
(b) any federal regulation made pursuant to the authority of the Federal Food, Drug,
and Cosmetic Act, U.S.C. Sec. 301 et seq., unless the department does not have the authority
under this chapter to make a corresponding rule.
Section 4. Section 
4-12-104
, which is renumbered from Section 4-12-4 is renumbered
and amended to read:
[
4-12-4
].
 4-12-104.
Distribution of commercial and customer-formula feed --
Registration or license required -- Application -- Fees -- Expiration -- Renewal.
(1) 
(a)
 [
No
] 
A
 person may 
not
 distribute a commercial feed in this state [
which is not
registered with
] 
without a registration from
 the department. [
Application for registration shall
be made to the department upon
]
(b) Except as provided by Subsection (3)(a), a person shall apply for a registration from
the department for each brand name of commercial feed by:
(i) submitting
 forms prescribed and furnished by [
it accompanied with
] 
the department;
and
(ii) paying
 an annual registration fee, determined by the department pursuant to
Subsection 
4-2-103
(2)[
, for each brand name of commercial feed registered
].
(c)
 Upon receipt of [
a proper application and payment of the appropriate fee
] 
the
appropriate application forms and fee payment
, 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) Subject to Subsection (2)(b), the department may:
(i) refuse registration to any commercial feed found to not be in compliance with this
chapter; and
(ii) cancel the registration of any commercial feed found to not be in compliance with
this chapter.
(b) A registration may not be refused or canceled unless the department gives the
registrant an opportunity to:
(i) be heard before the department; and
(ii) amend the registrant's application in order to comply with the requirements of this
chapter.
[
(2)
] 
(3) (a)
 A person who distributes customer-formula feed is not required to register
[
such
] 
the
 feed, but is required to obtain a [
permit
] 
license
 from the department before
distribution. [
Application for a customer-formula feed distribution permit shall be made to the
department upon
]
(b) A person shall apply for a license to distribute customer-formula feed from the
department by:
(i) submitting
 forms prescribed and furnished by [
it accompanied with an annual
permit fee
] 
the department; and
(ii) paying an annual license fee,
 determined by the department pursuant to Subsection
4-2-103
(2).
(c)
 Upon receipt [
by the department of a proper application and payment of the
appropriate fee as prescribed by the department
] 
of the appropriate application forms and fee 
payment
, the commissioner shall issue a [
permit
] 
license
 to the applicant allowing the applicant
to distribute customer-formula feed in this state through December 31 of the year in which the
[
permit
] 
license
 is issued, subject to suspension or revocation for cause.
[
(3)
] 
(4) (a)
 Each 
commercial feed
 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.
(b)
 Each 
registration
 renewal fee shall be paid on or before December 31 of each year.
[
(4) A
] 
(5) (a) Each
 customer-formula feed [
permit
] 
license
 is renewable for a period
of one year upon the payment of an annual [
permit
] 
license
 renewal fee in an amount equal to
the current applicable original [
permit
] 
license
 fee.
(b)
 Each [
permit
] 
license
 renewal fee shall be paid on or before December 31 of each
year.
Section 5. Section 
4-12-105
, which is renumbered from Section 4-12-5 is renumbered
and amended to read:
[
4-12-5
].
 4-12-105.
Labeling requirements for commercial and
customer-formula feed specified.
(1) [
Each
] 
Except for customer-formula feed, each
 container of commercial feed[
,
except customer-formula feed,
] distributed in this state shall bear a label [
setting forth
]
specifying
:
(a) the name and principal 
mailing
 address of the 
manufacturer, distributor, or
registrant;
(b) the product [
or
] 
name and
 brand name, if any, under which [
it
] 
the commercial feed
is distributed;
(c) the [
feed ingredients
] 
common name of each feed ingredient used in the
commercial feed,
 stated in the manner prescribed by rule of the department
, unless the
department finds that a full statement of ingredients is not required to serve the interests of a
consumer
;
[
(d) the net cumulative weight of the container and contents;
]
(d) the guaranteed analysis of the feed, expressed on an as-is basis:
(i) advising the user of the feed composition; or
(ii) supporting claims made in the labeling;
(e) a quantity statement for the feed;
[
(e)
] 
(f)
 the lot number or some other means of lot identification; [
and
]
(g) adequate direction for the feed's safe and effective use; and
[
(f)
] 
(h) precautionary statements, if necessary, or
 any information prescribed by rule of
the department considered necessary for the safe and effective use of the feed.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may by rule authorize a label to use a collective term for a group of ingredients that
perform a similar function.
[
(2) (a) Each
] 
(3) (a) Except for customer-formula feed, each
 bulk shipment of
commercial feed[
, except customer-formula feed,
] distributed in this state shall be
accompanied [
with
] 
by
 a printed or written statement specifying the information in
[
Subsection
] 
Subsections
 (1)(a) through [
(f) of this section
] 
(h)
.
(b) The statement shall be delivered to the purchaser at the time the bulk feed is
delivered.
[
(3)
] 
(4)
 Each container or bulk shipment of customer-formula feed distributed in this
state shall [
bear a label or
] be accompanied [
with an invoice setting forth
] 
by a label, invoice,
delivery slip, or other shipping document specifying
:
(a) the name and principal 
mailing
 address of the manufacturer;
(b) the name and principal 
mailing
 address of the purchaser;
(c) the date of delivery;
[
(d) the net weight of each registered commercial feed used in the mixture and the net
weight of each other ingredient used; and
]
(d) the product name of each commercial feed;
(e) the quantity statement of each commercial feed;
(f) the net weight for each ingredient used that is not a commercial feed;
(g) except as provided in Subsection (5), the quantity statement of each ingredient used
in the mixture, stated in terms the department determines necessary to advise the user of the
feed composition or to support claims made on the label;
(h) directions for the feed's use;
(i) precautionary statements, if applicable; and
[
(e)
] 
(j)
 any information [
prescribed by rule of the department
] considered necessary
for the safe and effective use of the customer-formula feed 
as prescribed by rule of the
department
.
(5) If the manufacturer of a customer-formula feed intends to protect a proprietary
formula, the information required by Subsection (4)(g) may be substituted with a guaranteed
analysis of each nutritional component the feed intends to deliver, stated in terms the
department determines necessary to advise the user of the feed composition.
(6) If a customer-formula feed contains a drug, the label shall include the:
(a) purpose of the medication;
(b) established name of each active drug ingredient; and
(c) amount of each drug included in the final mixture, expressed by weight, grams per
ton, or milligrams per pound.
Section 6. Section 
4-12-106
, which is renumbered from Section 4-12-6 is renumbered
and amended to read:
[
4-12-6
].
 4-12-106.
Enforcement -- Inspection and samples authorized --
Methods for sampling and analysis prescribed -- Results to be forwarded to registrant or
licensee -- Warrants.
(1) [
The
] 
In order to determine compliance with this chapter, the
 department
:
(a)
 shall periodically sample, inspect, analyze, and test commercial feeds distributed
within this state [
and may enter any public or private premises or vehicle for the purpose of
determining compliance with this chapter. It may also in conjunction with such activities
inspect records to determine compliance with this chapter.
]
;
(b) may enter during normal business hours, within reasonable limits, and in a
reasonable manner, any:
(i) factory;
(ii) warehouse; or
(iii) establishment in which commercial feed is manufactured, processed, packed, or
held for distribution; and
(c) may enter any vehicle used to transport or hold commercial feed in order to inspect:
(i) equipment;
(ii) finished and unfinished materials;
(iii) containers;
(iv) records; and
(v) labels.
(2) [
Methods
] 
The department's methods
 for sampling and for analyses of feed
ingredients, mineral ingredients, or other ingredients, or 
for
 analyses of [
commercial feed
mixtures (customer-formula feeds)
] 
customer-formula feeds,
 shall be [
made
] in accordance
with methods published by the Association of Official Analytical Chemists or other generally
recognized methods.
(3) The [
department shall be guided by the
] official sample 
shall guide the department
in determining whether a commercial feed is misbranded, adulterated, or otherwise deficient.
(4) The 
department shall:
(a) forward the
 results of all tests of official samples [
shall be forwarded by the
department to the registrant or permittee, as the case may be, to
] 
to the manufacturer,
distributer, licensee, or registrant using
 the address specified on the container, label, or on the
written statement or invoice[
. In addition, the department shall
]
; and
(b)
 furnish to the 
manufacturer, distributer, licensee, or
 registrant [
or permittee
] part of
any official sample [
which it
] 
that the department
 determines is misbranded or adulterated
upon written request to the department [
made
] by the 
manufacturer, distributer, licensee, or
registrant within 30 days after receipt of the unsatisfactory test results.
(5) [
The department may proceed immediately, if admittance is refused,
] 
If the
department is refused admittance authorized by Subsections (1)(b) and (1)(c), 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 7. Section 
4-12-107
, which is renumbered from Section 4-12-7 is renumbered
and amended to read:
[
4-12-7
].
 4-12-107.
Suspension or revocation authorized -- Refusal to register
or issue license authorized -- Grounds -- Stop sale, use, or removal order authorized --
Court action -- Procedure -- Costs.
(1) [
The
] 
Upon satisfactory evidence that a manufacturer, distributer, licensee, or
registrant has used fraudulent or deceptive practices in the registration, licensing, or
distribution of a commercial feed or customer-formula feed, the
 department may
:
(a)
 suspend or revoke the registration [
or permit, respectively,
] 
or license
 of any brand
name of commercial feed or customer-formula feed[
,
]
;
 or
(b)
 refuse to register [
or issue a permit for
] 
or license
 any brand name or product of
commercial feed[
, upon satisfactory evidence that the registrant or permittee has used
fraudulent or deceptive practices in the registration of a commercial feed or in the issuance of a
permit, or in its distribution in this state
] 
or customer-formula feed
.
(2) 
(a)
 The department may issue a "stop sale, use, or removal order" to the distributor
or owner of any [
designated
] commercial feed or lot of commercial feed [
which
] 
that
 it finds or
has reason to believe is misbranded, adulterated, or [
is
] otherwise in violation of this chapter.
(b)
 The order 
described in Subsection (2)(a)
 shall be in writing and no commercial feed
subject to [
it
] 
the order
 shall be moved, offered, or exposed for sale, except upon subsequent
written release by the department.
(c)
 Before [
a
] 
an order
 release is issued, the department may require the distributor or
owner of the "stopped" commercial feed or lot 
of commercial feed
 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
:
(i)
 an order of seizure or condemnation of a commercial feed [
which violates this
chapter or, upon proper grounds, to obtain
]
;
(ii)
 a temporary restraining order
;
 or
(iii) a
 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 
the court orders
 condemnation [
is ordered,
] 
of a commercial feed,
 the
commercial feed shall be disposed of as the court directs[
; provided, that in no event shall it
order condemnation without giving the
]
, provided the order gives the manufacturer, distributor,
licensee, or
 registrant [
or other person
] an opportunity to apply to the court for permission to
:
(a)
 relabel, reprocess, or otherwise bring the commercial feed into conformance[
, or for
permission to remove it
] 
with this chapter and administrative rules; or
(b) remove the commercial feed
 from the state.
(5) If the court orders condemnation, court costs, fees, storage, and other costs shall be
awarded against the claimant of the commercial feed.
Section 8. Section 
4-12-108
, which is renumbered from Section 4-12-8 is renumbered
and amended to read:
[
4-12-8
].
 4-12-108.
Unlawful acts specified.
[
No
] 
A
 person in this state [
shall
] 
may not
:
(1) manufacture or distribute adulterated or misbranded commercial feed;
(2) adulterate or misbrand any commercial feed;
(3) distribute agricultural products such as whole seed, hay, straw, stover, silage, cobs,
husks, or bulbs [
which
] 
that
 are adulterated;
(4) remove or dispose of any commercial feed in violation of a "stop sale, use, or
removal order[
;" or
]
";
(5) distribute any commercial feed [
which
] 
that
 is not registered or any
customer-formula feed [
which
] 
that
 is not [
subject to permit.
] 
licensed; or
(6) reuse a bag or tote previously used for commercial feed, including
customer-formula feed, unless the user:
(a) appropriately cleans the bag or tote; and
(b) documents the clean-out procedure used on the bag or tote.
Section 9. Section 
4-16-102
 is amended to read:
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.
]
(2) "Agricultural seed" includes:
(a) grass, forage, cereal, oil, fiber, and other kinds of crop seed commonly recognized
within this state as agricultural seed;
(b) lawn seed;
(c) combinations of the seed described in Subsections (2)(a) and (2)(b); and
(d) noxious weed seed, if the department determines by rule made in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that a noxious weed seed is being
used as agricultural seed.
(3) "Blend" means seed consisting of more than one variety of a kind, each in excess of
5% by weight of the whole.
(4) "Brand" means a word, name, symbol, number, or design used to:
(a) identify the seed of one person; and
(b) distinguish the seed of one person from the seed of another person.
(5) "Certifying agency" means:
(a) an agency authorized under the laws of a state, territory, or possession to officially
certify seed and that has standards and procedures approved by the United States Secretary of
Agriculture to assure the genetic purity and identity of the seed certified; or
(b) an agency of a foreign country determined by the United States Secretary of
Agriculture to adhere to procedures and standards for seed certification.
(6) (a) "Complete record" means all information that relates to the:
(i) origin, treatment, germination, purity, kind, and variety of each lot of agricultural
seed sold in this state; or
(ii) treatment, germination, kind, and variety of each lot of vegetable or flower seed
sold in this state.
(b) "Complete record" includes seed samples and records of declarations, labels,
purchases, sales, conditioning, bulking, treatment, handling, storage, analyses, tests, and
examinations.
(7) "Conditioning" means drying, cleaning, scarifying, and other operations that:
(a) could change the purity or germination of a seed; and
(b) require a seed lot to be retested to determine the label information.
(8) "Dormant" means viable seed, excluding hard seed, that fail to germinate when
provided the specified germination conditions for the kind of seed in question.
[
(3)
] 
(9)
 [
"Flower seeds" mean seeds
] 
"Flower seed" includes the seed
 of herbaceous
plants 
that are:
(a)
 grown for their blooms, ornamental foliage, or other ornamental [
plants
] 
parts; and
(b)
 commonly known and sold under the name of flower [
seeds
] 
or wildflower seed
 in
this state.
[
(4)
] 
(10)
 "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.
(11) "Germination" means the emergence and development from the seed embryo of
those essential structures that are, for the kind of seed in question, indicative of the ability to
produce a normal plant under favorable conditions.
(12) "Hard seed" means seed that remains hard at the end of the prescribed germination
test period because the seed has not absorbed water due to an impermeable seed coat.
[
(5)
] 
(13)
 (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
] 
"Hybrid" does not mean the
 second generation [
and
] 
or
 subsequent
generations from the crosses referred to in Subsection [
(5)(a) are not to be regarded as hybrids
]
(13)(a)
.
[
(c) Hybrid designations shall be treated as variety names.
]
(14) "Inert matter" means all matter that is not seed, including broken seeds, sterile
florets, chaff, fungus bodies, and stones, as determined by methods defined by rule.
[
(6)
] 
(15)
 "Kind" means one or more related species or subspecies of seed [
which
] 
that
singly or collectively [
is
] 
are
 known by one 
common
 name, for example, corn, oats, alfalfa, and
timothy.
[
(7)
] 
(16)
 (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.
] 
a
representation on an invoice, bill, or letterhead.
(17) "Labeling" includes a tag or other device attached to, written, stamped, or printed
on a container or accompanying a lot of bulk seeds that:
(a) claims to specify the information required on the seed label by this chapter; and
(b) may include other information related to the labeled seed.
[
(8)
] 
(18)
 "Lot" means a definite quantity of seed identified by a number or other mark,
every [
part
] 
portion
 or bag of which is uniform within recognized tolerances[
.
] 
for the factors
that appear in the labeling.
(19) "Mixture" or "mix" or "mixed" means seed consisting of more than one kind, each
in excess of 5% by weight of the whole.
(20) "Mulch" means a protective covering of a suitable substance placed with seed that:
(a) acts to retain sufficient moisture to support seed germination and sustain early
seedling growth;
(b) aids in the prevention of the evaporation of soil moisture;
(c) aids in the control of weeds; and
(d) aids in the prevention of erosion.
[
(9)
] 
(21)
 "[
Noxious-weed seeds" mean weed seeds
] 
Noxious weed seed" means weed
seed
 declared noxious by the commissioner 
in accordance with Section 
4-17-103
.
(22) (a) "Off-type" means a seed or plant not part of the variety because the seed or
plant deviates in one or more characteristics from the variety.
(b) "Off-type" may include a seed or plant that:
(i) is of another variety;
(ii) is not necessarily any variety;
(iii) results from cross-pollination by another kind or variety; or
(iv) results from uncontrolled self-pollination during production of hybrid seeds.
(23) "Origin" means:
(a) for an indigenous stand of trees, the area on which the trees are growing; and
(b) for a nonindigenous stand of trees, the place from which the seeds or plants
originated.
(24) "Other crop seed" means the seed of plants grown as crops other than the kind or
variety included in the pure seed, as determined by methods defined by rule.
(25) "Person" means an individual, partnership, corporation, company, association,
receiver, trustee, or agent.
[
(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.
]
(26) "Pure seed" means seed exclusive of inert matter and all other seed not of the seed
being considered as determined by methods defined by rule.
[
(11)
] 
(27)
 [
"Seeds
] 
"Seed
 for sprouting" means [
seeds
] 
seed
 sold for sprouting for
salad or culinary purposes.
[
(12)
] 
(28)
 "Sowing" means the placement of agricultural [
seeds, vegetable seeds,
flower seeds, tree and shrub seeds, or seeds
] 
seed, vegetable seed, flower seed, tree and shrub
seed, or seed
 for sprouting in a selected environment for the purpose of obtaining plant growth.
(29) "Tetrazolium test (TZ)" means a biochemical seed viability test using the
compound 2, 3, 5 triphenyl tetrazolium chloride (TTC), as specified in Part II, Tetrazolium
Testing Handbook, Contribution Number 29, to the handbook on Seed Testing, prepared by the
Tetrazolium subcommittee of the Association of Official Seed Analysts, 2008 Edition.
(30) "Total viable" is:
(a) equal to the sum of percentage germination, percentage dormant seed, and
percentage hard seed; or
(b) determined by a tetrazolium test for species identified in the rules for testing or for
species for which there are no rules for testing.
[
(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.
]
(31) "Treated" means that a seed has received an application of a substance or been
subjected to a process about which a claim is made.
[
(14)
] 
(32)
 "Tree and shrub [
seeds" mean seeds
] 
seed" includes seed
 of woody plants
commonly known and sold [
under the name of
] 
as
 tree and shrub seeds in this state.
(33) "Type" means a group of varieties so nearly similar that the individual varieties
cannot be clearly differentiated except under special conditions.
(34) (a) "Variant" means a seed or plant that:
(i) is distinct within the variety but occurs naturally in the variety;
(ii) is stable and predictable with a degree of reliability comparable to other varieties of
the same kind, within recognized tolerances, when the variety is reproduced or reconstituted;
and
(iii) was originally a part of the variety as released.
(b) "Variant" does not include an off-type.
[
(15)
] 
(35)
 "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.
] 
that is:
(a) distinct, meaning a variety can be differentiated by one or more identifiable
morphological, physiological, or other characteristics from all other varieties of public
knowledge;
(b) uniform, meaning that variations in essential and distinctive characteristics are
describable; and
(c) stable, meaning a variety's essential and distinctive characteristics and uniformity
will remain unchanged when reproduced or reconstituted as required by the category of variety.
[
(16)
] 
(36)
 "Vegetable [
seeds" mean seeds
] 
seed" includes the seed
 of 
those
 crops 
that
are:
(a)
 grown in gardens or on truck farms [
that are
]
; and
(b)
 generally known and sold under the name of vegetable [
seeds, plants, bulbs, and
ground stocks
] 
or herb seed
 in this state.
[
(17) "Weed seeds" mean seeds of any plant generally recognized as a weed within this
state.
]
(37) "Weed seed" means the seed of all plants generally recognized as weeds within
this state, as determined by methods defined by rule.
Section 10. Section 
4-16-201
 is amended to read:
4-16-201.
Labeling requirements specified for agricultural seed, components and
mixtures of lawn and turf seed, vegetable seed, flower seed, tree and shrub seed, and seed
for sprouting.
(1) Each container of seed that is transported, sold, offered, or exposed for sale within
this state shall bear thereon or have attached thereto a printed label that:
(a) is in a conspicuous place;
(b) is plainly written in the English language;
(c) specifies the information required by this chapter; and
(d) does not modify or deny the information required by this chapter in the labeling or
on another label attached to the container.
[
(1)
] 
(2)
 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
] 
for
 each seed component
in excess of 5% [
by weight
] of the whole and the [
percent
] 
percentage
 by weight of each
component in the order of its predominance 
in columnar form
, 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;
]
(i) the label shall specify the name of the variety or state "Variety Not Stated" or
"VNS," for any component that is required by rule of the department to be labeled as a variety;
(ii) a hybrid shall be labeled as a hybrid;
(iii) the word "mix," " mixture," or "blend" shall appear, if more than one component is
required to be named; and
(iv) the total of the percentages described in Subsections (2)(a), (2)(d), 2(e), and (2)(f)
shall equal 100%;
(b) [
the
] name and address of the person who labeled the seed, or 
the person
 who 
sells,
offers
,
 or exposes [
it
] 
the seed
 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 
pursuant to Subsection (2)(a)
;
(f) [
the
] percentage by weight of inert matter;
(g) [
the
] name and rate of occurrence per pound of each kind of restricted
[
noxious-weed
] 
noxious weed
 seed 
present
 for which tolerance is permitted;
(h) [
the
] origin, if known, of alfalfa, red clover, or field corn 
seed
 and, if the origin is
unknown, that fact shall be stated; [
and
]
(i) [
the
] month and year seed tests were conducted 
for each named agricultural seed,
specifying:
(i) [
percent
] 
percentage
 of germination, exclusive of hard 
or dormant
 seed; 
and
(ii) [
percent
] 
percentage
 of hard 
or dormant
 seed
, if present
; and
[
(iii) total percent of germination and hard seed.
]
(j) net weight.
(3) Coated seed shall be labeled with the:
(a) information required by Subsections 
4-16-201
(2)(a) through (2)(e) and (2)(g);
(b) percentage by weight of pure seed exclusive of coating material;
(c) percentage by weight of coating material;
(d) percentage by weight of inert material exclusive of coating material; and
(e) percentage of germination, determined on 400 pellets with or without seed.
[
(2)
] 
(4)
 Each container of [
seed mixtures for lawn or
] 
lawn and
 turf seed 
or lawn and
turf seed mixture
 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
] 
for each
lawn and turf
 seed component in excess of 5% [
by weight
] of the whole, and the percentage by
weight of [
pure seed in
] 
each component in the
 order of its predominance in columnar form[
;
]
,
provided that:
(i) the label shall specify the name of the variety or state "Variety Not Stated" or
"VNS," for any component that is required by rule of the department to be labeled as a variety;
(ii) a hybrid shall be labeled as a hybrid; and
(iii) the total of the percentages described in Subsections (4)(a), (4)(d), (4)(e), and
(4)(f) shall equal 100%;
(b) [
the
] name and address of the person who labeled the seed, or 
the person
 who 
sells,
offers
,
 or exposes [
it
] 
the seed
 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 
pursuant to Subsection (4)(a)
;
(f) [
the
] percentage by weight of inert matter;
(g) [
the
] name and rate of occurrence per pound of each kind of restricted
[
noxious-weed
] 
noxious weed
 seed 
present
 for which tolerance is permitted;
(h) [
the
] month and year seed tests were conducted 
for each named lawn and turf seed,
specifying:
(i) [
percent
] 
percentage
 of germination, exclusive of hard 
or dormant
 seed; and
(ii) [
percent
] 
percentage
 of hard 
or dormant
 seed
, if present
;
[
(i) the word "mixed" or "mixture"; and
]
(i) the word "mix," "mixture," or "blend," if more than one component is required to be
named; and
(j) [
its
] net weight.
[
(3)
] 
(5)
 [
Each container of vegetable seeds weighing one pound or less offered or
exposed for sale or
] 
Vegetable seed in packets
 prepared for home gardens or household
plantings or 
vegetable seed
 preplanted in containers, mats, tapes, or other 
planting
 devices shall
be labeled with the following information:
(a) [
the common
] name of the kind and variety of seed[
;
]
, provided that a hybrid shall
be labeled as a hybrid;
(b) [
the
] name and address of the person who labeled the seed, or 
the person
 who 
sells,
offers
,
 or exposes [
it
] 
the seed
 for sale in this state;
(c) 
(i)
 [
the
] calendar month and year the [
seed was tested or the year for which the seed
was packaged;
] 
germination test was completed and sell by date, which may not be more than
months past the date of the germination test exclusive of the month of test;
(ii) year for which the seed was packaged for sale, stated as "Packed for yy," and year
of the seed sell by date, stated as "Sell by yy"; or
(iii) calendar month and year the germination test was completed and the percentage
germination, provided that the germination test was completed within the previous 12 months
exclusive of the month of test;
(d) [
if germination of the seed is
] 
seed with germination
 less than the germination
standard last established for the seed by the department, [
the label
] shall specify 
the
:
(i) percentage of germination, exclusive of hard 
or dormant
 seed;
(ii) percentage of hard 
or dormant
 seed, if present; 
and
[
(iii) the calendar month and year the germination test was completed to determine the
percentages; and
]
[
(iv)
] 
(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 the seed without removing the seeds, a
]
(e)
 statement to indicate the minimum number of seeds in the container[
.
]
, if the seed
are placed in a germination medium, mat, tape, or other device that makes it difficult to
determine the quantity of the seed without removing the seed;
(f) lot number or other lot identification; and
(g) the word "mix," "mixture," or "blend," if more than one component is required to
be named.
[
(4) Each container of vegetable seeds weighing more than one pound offered or
exposed for sale or transported for sowing into this state
]
(6) Vegetable seed not described in Subsection (5)
 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[
;
] 
in columnar form, provided that a hybrid shall be labeled as a hybrid;
(b) [
the
] name and address of the person who labeled the seed, or 
the person
 who 
sells,
offers
,
 or exposes [
it
] 
the seed
 for sale in this state;
(c) [
the
] lot number or other lot identification;
(d) [
the
] month and year seed tests were conducted
, for each named vegetable seed,
specifying 
the
:
(i) [
the
] percentage of germination, exclusive of hard 
or dormant
 seed; and
(ii) [
the
] percentage of hard 
or dormant
 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[
.
]
; and
(f) the word "mix," "mixture," or "blend," if more than one component is required to be
named.
[
(5)
] 
(7)
 [
Each container of flower seeds prepared in packets
] 
Each packet of flower
seed prepared
 for use in home flower gardens or household plantings or flower [
seeds
] 
seed
 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[
;
] 
as prescribed by rule made in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provided that:
(i) a hybrid shall be labeled as a hybrid; and
(ii) the word "mix," "mixture," or "blend" shall appear, if more than one component is
required to be named;
(b) [
the
] name and address of the person who labeled the seed, or 
the person
 who 
sells,
offers
,
 or exposes [
it
] 
the seed
 for sale in this state;
(c) 
(i)
 [
the
] calendar month and year [
the seed was tested or the year for which the seed
was packaged;
] 
the germination test was completed and the sell by date, which may not be
more than 12 months past the date of the germination test exclusive of the month of the test;
(ii) year for which the seed was packed for sale, stated as "Packed for yy," and year of
the seed sell by date, stated as "Sell by yy"; or
(iii) calendar month and year the germination test was completed and percentage
germination, provided that the germination test was completed within the previous 12 months
exclusive of the month of the test;
(d) [
if germination of the seed is
] 
seed with germination
 less than the germination
standard last established by the department, [
the label
] shall specify 
the
:
(i) percentage of germination, exclusive of hard 
or dormant
 seed;
(ii) percentage of hard 
or dormant
 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
]
(e)
 statement to indicate the minimum number of seeds in the container[
.
]
, if the seeds
are placed in a germination medium, mat, tape, or other device that makes it difficult to
determine the quantity of seed without removing the seed.
[
(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
]
(8) Flower seed not described in Subsection (7)
 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
] 
or
 statement of the
type and performance characteristics of the seed[
;
] 
as prescribed by rule made in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provided that:
(i) a hybrid shall be labeled as a hybrid; and
(ii) the word "mix," "mixture," or "blend" shall appear, if more than one component is
required to be named;
(b) genus and species of wildflower and the subspecies, if appropriate, of wildflower;
[
(b)
] 
(c)
 [
the
] name and address of the person who labeled the seed, or 
the person
 who
sells,
 offers
,
 or exposes [
it
] 
the seed
 for sale in this state;
[
(c)
] 
(d)
 [
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
] 
(e)
 percentage of germination, exclusive of hard 
or dormant
 seed; [
and
]
[
(ii) the
] 
(f)
 percentage of hard 
or dormant
 seed, if present[
.
]
;
(g) calendar month and year that testing was completed to determine percentages
described in Subsections (8)(e) and (8)(f); and
(h) wildflower seed with a pure seed percentage of less than 90% shall specify the
percentage by weight of:
(i) each component listed in order of predominance;
(ii) weed seed if present; and
(iii) inert matter.
[
(7)
] 
(9)
 Each container of tree and shrub [
seeds
] 
seed that is sold,
 offered
,
 or exposed
for sale or transported for sowing into this state shall [
be labeled with the following
information
]:
(a) bear a label as required by Subsection 
4-16-201
(1), unless:
(i) each bag or other container is clearly identified by a lot number stenciled on the
container or the seed is in bulk; and
(ii) under a contractual agreement the seed may bear a label by invoice accompanying
the shipment or an analysis tag attached to the invoice; and
(b) bear on the label the following information:
[
(a)
] 
(i)
 [
the common
] name of the [
species of
] seed and 
name of the
 subspecies, if
appropriate;
[
(b)
] 
(ii)
 [
the
] scientific name of the genus and species and 
scientific name of the
subspecies, if appropriate;
[
(c)
] 
(iii)
 [
the
] name and address of the person who labeled the seed
,
 or 
the person
 who
sells,
 offers
,
 or exposes [
it
] 
the seed
 for sale in this state;
[
(d)
] 
(iv)
 [
the
] lot number or other lot identification;
[
(e)
] 
(v)
 information as to origin as follows:
[
(i)
] 
(A)
 [
for
] seed collected from a predominantly indigenous stand[
,
] 
shall specify
 the
area of collection given by latitude and longitude, [
or
] geographic description, or political
subdivision such as state or county; and
[
(ii)
] 
(B)
 [
for
] seed collected from other than a predominantly indigenous stand[
,
] 
shall
specify
 identity of the area of collection and the origin of the stand or state "origin not
indigenous";
[
(f)
] 
(vi)
 [
the
] elevation or the upper and lower limits of elevation within which [
said
]
the
 seed was collected;
[
(g)
] 
(vii)
 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)
] 
(viii)
 percentage of germination, exclusive of hard 
or dormant
 seed;
[
(ii)
] 
(ix)
 percentage of hard 
or dormant
 seed, if present; and
[
(iii)
] 
(x)
 [
the
] calendar month and year the 
germination
 test was completed to
determine [
such percentages; and
] 
percentages described in Subsections (9)(b)(viii) and
(9)(b)(ix).
[
(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)
] 
(10)
 Each container of [
seeds
] 
seed
 for sprouting 
that is
 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 
the person
 who 
sells,
offers
,
 or exposes [
it
] 
the seed
 for sale in this state;
(b) [
the commonly accepted
] name of the kind or kinds in order of predominance;
(c) lot number[
;
] 
or other identification;
(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
]
, exclusive of hard or
dormant seed;
(f) percentage of hard or dormant seed, if present;
[
(f)
] 
(g)
 [
the
] calendar month and year the [
seed was tested
] 
test was completed to
determine percentages described in Subsections (10)(d) through (10)(f)
 or the year for which
the seed was packaged[
.
]
; and
[
(9) Any written or printed matter of any label shall appear in English.
]
(h) the word "mix," "mixture," or blend," if more than one component is required to be
named.
(11) A combination mulch, seed, and fertilizer product shall:
(a) contain a minimum of 70% mulch;
(b) bear a label with the word "combination" followed by the words "mulch - seed -
fertilizer" on the upper 30% of the principal display panel, provided that the:
(i) word "combination" shall be the largest and most conspicuous type on the container
and equal to or larger than the product name; and
(ii) words "mulch - seed - fertilizer" shall be no smaller than one-half the size of the
word "combination" and in close proximity to the word "combination"; and
(c) bear an analysis label, for agricultural and lawn and turf seed placed in a
germination medium, mat, tape, or other device or mixed with mulch, specifying the following
information:
(i) name of each kind and variety;
(ii) product name;
(iii) lot number;
(iv) percentage by weight of pure seed of each kind and variety named, including those
less than 5% of the whole, provided that the total of the percentages described in Subsections
(11)(c)(iv) through (11)(c)(vii) shall equal 100%;
(v) percentage by weight of other crop seed;
(vi) percentage by weight of inert matter, which may not be less than 70%;
(vii) percentage by weight of weed seed;
(viii) name and number of noxious weed seed per pound, if present;
(ix) percentage of germination of each kind or kind and variety named;
(x) percentage hard or dormant seed, if appropriate;
(xi) date of germination test; and
(xii) name and address of tagger.
(12) A product containing a combination of seed and granular fertilizer shall be labeled
with the following information:
(a) the word "combination" followed by the words "seed-fertilizer" on the upper 30%
of the principal display panel provided that:
(i) the word "combination" must be the largest and most conspicuous type on the
container and equal to or larger than the product name; and
(ii) the words "seed-fertilizer" shall be no smaller than one-half the size of the word
"combination" and in close proximity to the word "combination"; and
(b) an analysis label specifying the information listed in Subsection (11)(c) and the
percentage by weight of the fertilizer, listed on a separate line as a component of the inert
matter.
Section 11. Section 
4-16-202
 is amended to read:
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
] 
A
 person in this state [
shall
] 
may not
 offer or expose 
for sale or sowing any
seed for sprouting or
 any agricultural, vegetable, flower, or tree and shrub seed [
or seeds for
sprouting for sale or sowing
] unless:
(a) (i) for agricultural [
seeds
] 
seed
, including mixtures of agricultural [
seeds
] 
seed
:
(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
] 
seed
 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
]
, or the seed
 have been retested for germination within nine months, exclusive of the
month the seed is retested and the date the [
seeds
] 
seed
 are offered or exposed for sale; and
(B) the date of the test appears on the label;
(b) [
its
] 
the
 package or other container is truthfully labeled and in accordance with
Section 
4-16-201
; and
(c) [
it
] 
the seed
 is free of noxious weed seed, subject to any tolerance as may be
prescribed by the department through rule 
made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
.
(2) The label on any package or [
other
] container of an agricultural, vegetable, flower,
lawn and turf,
 or tree and shrub seed 
[
which
] 
or seed mixture that
 has been treated and for
which a claim is made on account of the treatment, in addition to the labeling requirements
specified in Section 
4-16-201
, shall:
(a) state that the [
seeds
] 
seed
 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
, if the seed is treated with an inoculant
; and
(d) 
(i)
 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
] 
and
(ii) subject to Subsection (2)(d)(i), state in a
 caution statement for mercurials and
similarly toxic substances, as defined by rule of the department, [
shall state
] 
that
 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
] 
seed
 for sprouting; or
(c) detach, alter, or destroy any label or substitute any seed in a manner [
which
] 
that
defeats the purpose of this chapter.
Section 12. Section 
4-17-114
 is amended to read:
4-17-114.
Invasive Species Mitigation Account created.
(1) 
(a)
 As used in this section, "project" means an undertaking that:
[
(a)
] 
(i)
 rehabilitates or treats an area infested with, or threatened by, an invasive
species; or
[
(b)
] 
(ii)
 conducts research related to invasive species.
(b) As used in this section, "project" includes items and processes required prior to the
implementation of an undertaking described in Subsection (1)(a).
(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 
created in Section 
4-18-104
; or
(ii) by giving a grant for a project to 
a
:
(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) nonprofit organization; or
[
(G) a
] 
(H)
 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 13. Section 
4-17-115
 is amended to read:
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, a tribe, a county weed board, a cooperative weed management area, 
a nonprofit
organization,
 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
4-17-114
; 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 14. Section 
4-24-102
 is amended to read:
4-24-102.
Definitions.
As used in this chapter:
(1) "Brand" means any identifiable mark applied to livestock [
which
] 
that
 is intended
to show ownership 
and the mark's location
.
(2) "Carcass" means any part of the body of an animal, including entrails and edible
meats.
(3) "Domesticated elk" 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, 
or
 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 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 cutting and shaping of the ears or brisket area of livestock
[
which
] 
that
 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.
(9) "Slaughterhouse" means any building, plant, or establishment where animals are
harvested, dressed, or processed and their meat or meat products produced for human
consumption.
Section 15. Section 
4-24-104
 is amended to read:
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
] 
one feeder operator
 recommended by the Utah Cattlemen's
Association[
, one of whom shall be a feeder operator
];
(b) three cattle ranchers, one from each of the state's brand districts;
[
(b)
] 
(c)
 one dairyman recommended by the Utah Dairymen's Association;
[
(c)
] 
(d)
 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)
] 
(e)
 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) 
(a)
 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.
(b)
 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 16. Section 
4-24-303
 is amended to read:
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
] 
the
 livestock, the brand inspector may demand
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 
the
:
(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.
(6) Breed papers alone do not constitute proof of ownership, but may be considered as
a factor in determining ownership.
Section 17. Section 
4-24-307
 is amended to read:
4-24-307.
Transportation of sheep, cattle, horses, domesticated elk, or mules --
Brand certificate or other evidence of ownership required -- Moving domesticated elk
intrastate -- Transit permit -- Contents.
(1) [
No
] 
Except as described in Subsection (2) and Section 
4-39-305
, a
 person may 
not
transport any sheep, cattle, horses, domesticated elk, or mules without having an official state
brand certificate or other proof of ownership in [
his
] 
the person's
 possession.
(2) A person may transport domesticated elk without an official state brand certificate
or other proof of ownership if the person:
(a) only moves domesticated elk accompanied by an intrastate transfer form provided
by the department;
(b) reports the move to the department within five days;
(c) only moves domesticated elk from a licensed facility to another licensed facility
owned by the same person; and
(d) only moves domesticated elk intrastate.
(3) An official state brand inspection certificate shall accompany all domesticated elk
sold or slaughtered.
[
(2)
] 
(4)
 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;
(f) number of animals being transported; and
(g) full description of an animal being transported.
Section 18. Section 
4-24-502
 is amended to read:
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
] 
that
 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[
.
]
;
(e) hold or ship an estray or livestock owned by another without notifying the owner, a
brand inspector, or law enforcement; or
(f) offer for sale an estray or the livestock owned by another.
(2) In any prosecution for violation of this section[
,
]
:
(a)
 the state [
need not
] 
does not need to
 allege the ownership of the hide[
,
] or the
animal or carcass from which the hide was removed; 
and
(b)
 the complaint or information [
being
] 
is
 sufficient if [
it
] 
the complaint or
information
 alleges that ownership is unknown and that the hide is not the property of the
defendant.
Section 19. 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 
the following
:
(a) renewal fee;
[
(a)
] 
(b)
 [
an inspection certificate
] 
paperwork
 showing that 
the
:
(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)
] 
(c)
 [
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
] 
renewal fee and paperwork are
 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 20. 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),
] 
an official USDA tag
 or by an electronic identification
tag, as provided in Subsection [
(3)
] 
(2)
:
(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
] 
January 31
.
[
(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)
] 
(2)
 If a domesticated elk is identified with an electronic identification tag, it shall
be placed in the right ear.
Section 21. 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 an intrastate movement of domesticated elk form 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
.
]
(1) A person may transport domesticated elk without an official state brand certificate
or other proof of ownership if the person:
(a) only moves domesticated elk accompanied by an intrastate transfer form provided
by the department;
(b) reports the move to the department within five days;
(c) only moves domesticated elk from a licensed facility to another licensed facility
owned by the same person; and
(d) only moves domesticated elk intrastate.
(2) An official state brand inspection certificate shall accompany all domesticated elk
sold or slaughtered.
Section 22. 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 before [
any transportation,
] sale[
,
] or slaughter.
(2) [
Any
] 
Except as provided by Section 
4-39-305,
 any
 person transporting or
possessing domesticated elk or domesticated elk products shall have the appropriate brand
inspection certificate in the person's possession.
Section 23. Section 
4-39-401
 is amended to read:
4-39-401.
Escape of domesticated elk -- Liability.
(1) [
It is the owner's responsibility to
] 
The owner shall
 try to capture [
any
]
domesticated elk that [
may have escaped
] 
escape
.
(2) The escape of a domesticated elk shall be reported immediately to the [
state
veterinarian or a brand inspector
] 
domestic elk program manager,
 who shall notify the Division
of Wildlife Resources.
(3) If the domesticated elk is not recovered within 72 hours of the escape, the
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
] 
an escaped
domesticated elk
.
(5) [
Any
] 
An
 escaped domesticated elk taken by a licensed hunter in a manner 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
] 
for containing
 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.