Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 346 (2025GS)

Sponsor

Rep. Welton, Douglas R.

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires an accountant to annually review a Department of Agriculture and Food account containing the proceeds from marketing orders; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

3
4-2-103
0
Department of Agriculture and Food Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Douglas R. Welton
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill addresses how the Department of Agriculture and Food reviews an account.
Highlighted Provisions:
This bill:
requires an accountant to annually review a Department of Agriculture and Food account 
containing the proceeds from marketing orders; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-2-103
, as last amended by Laws of Utah 2023, Chapters 126, 232
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
4-2-103
 is amended to read:
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 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 
in accordance with 
Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act
, 
make 
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 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)
provide for the coordination of state conservation efforts, including by:
(i)
assisting the Conservation Commission in the administration of 
Chapter 18, 
Conservation Commission Act
;
(ii)
implementing 
Chapter 46, Conservation Coordination Act
, including entering into 
agreements with other state agencies; and
(iii)
administering and disbursing money 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;
(q)
ensure that any training or certification required of a public official or public 
employee, as those terms are defined in Section 
63G-22-102
, complies with 
Title 
63G, Chapter 22, State Training and Certification Requirements
, if the training or 
certification is required:
(i)
under this title;
(ii)
by the department; or
(iii)
by an entity within the department;
(r)
administer the requirements described in Section 
56-1-12
 pertaining to livestock 
damaged by railroad operations;
(s)
in accordance with 
Title 73, Chapter 3d, Part 4, Compensation
:
(i)
conduct mediation or arbitration; and
(ii)
assist in the issuance of loans by the Conservation Commission; and
(t)
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)
A marketing order issued under Subsection 
(1)(e)
 may not 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)
A board of control shall:
(A)
ensure that proceeds are placed in an account in the board of control's name in 
a depository institution; and
(B)
ensure that the account
 described in Subsection (3)(b)(ii)(A)
 is annually 
audited
reviewed
 by an accountant approved by the commissioner.
(4)
Money collected by grain grading, as provided by Subsection 
(1)(g)
, shall be deposited 
into the General Fund as dedicated credits for the grain grading program.
(5)
In fulfilling the department's 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;
(d)
accept and administer grants from the federal government and from other sources, 
public or private; and
(e)
fund grants using money appropriated by the Legislature or money received from 
any other source.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-11-25 3:39 PM