S.B. 47

This document includes House Committee Amendments incorporated into the bill on Mon, Feb 5, 2007 at 11:15 AM by jeyring. --> 1

DEPARTMENT OF AGRICULTURE
2 AMENDMENTS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Margaret Dayton
6 House Sponsor: Patrick Painter
7
8 LONG TITLE
9 General Description:
10 This bill amends several provisions relating to the Department of Agriculture.
11 Highlighted Provisions:
12 This bill:
13 . changes the name of the Soil Conservation Commission;
14 . removes references to the agricultural development division;
15 . repeals the chapter regarding the regulation of flour and cereal;
16 . repeals several sections regarding the conservation corps; and
17 . makes technical changes.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 4-1-4, as last amended by Chapter 82, Laws of Utah 1997
25 4-2-2, as last amended by Chapter 139, Laws of Utah 2003
26 4-2-10, as enacted by Chapter 2, Laws of Utah 1979
27 4-3-1, as enacted by Chapter 2, Laws of Utah 1979

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- 2 - 28 4-3-4, as enacted by Chapter 2, Laws of Utah 1979
29 4-3-7, as enacted by Chapter 2, Laws of Utah 1979
30 4-3-8, as last amended by Chapter 87, Laws of Utah 2001
31 4-3-10, as enacted by Chapter 2, Laws of Utah 1979
32 4-3-14, as last amended by Chapter 358, Laws of Utah 2004
33 4-4-4, as enacted by Chapter 2, Laws of Utah 1979
34 4-5-6, as enacted by Chapter 2, Laws of Utah 1979
35 4-5-7, as last amended by Chapter 20, Laws of Utah 1995
36 4-5-10, as enacted by Chapter 2, Laws of Utah 1979
37 4-5-15, as enacted by Chapter 2, Laws of Utah 1979
38 4-5-17, as enacted by Chapter 2, Laws of Utah 1979
39 4-8-7, as enacted by Chapter 2, Laws of Utah 1979
40 4-10-2, as enacted by Chapter 2, Laws of Utah 1979
41 4-10-7, as enacted by Chapter 2, Laws of Utah 1979
42 4-11-15, as enacted by Chapter 2, Laws of Utah 1979
43 4-12-2, as enacted by Chapter 2, Laws of Utah 1979
44 4-12-5, as enacted by Chapter 2, Laws of Utah 1979
45 4-13-2, as last amended by Chapter 30, Laws of Utah 1992
46 4-13-4, as enacted by Chapter 2, Laws of Utah 1979
47 4-13-6, as last amended by Chapter 3, Laws of Utah 1981
48 4-14-3, as last amended by Chapter 130, Laws of Utah 1985
49 4-14-9, as enacted by Chapter 2, Laws of Utah 1979
50 4-15-5, as last amended by Chapter 130, Laws of Utah 1985
51 4-15-6, as enacted by Chapter 126, Laws of Utah 1981
52 4-17-6, as enacted by Chapter 126, Laws of Utah 1981
53 4-18-1, as last amended by Chapter 122, Laws of Utah 1992
54 4-18-3, as last amended by Chapter 326, Laws of Utah 2001
55 4-18-4, as last amended by Chapter 176, Laws of Utah 2002
56 4-18-5, as last amended by Chapter 244, Laws of Utah 1993
57 4-18-6, as last amended by Chapter 316, Laws of Utah 2003
58 4-19-1, as last amended by Chapter 82, Laws of Utah 1997

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- 3 - 59 4-19-2, as enacted by Chapter 2, Laws of Utah 1979
60 4-19-3, as enacted by Chapter 2, Laws of Utah 1979
61 4-19-4, as enacted by Chapter 2, Laws of Utah 1979
62 4-20-1.5, as enacted by Chapter 294, Laws of Utah 2006
63 4-20-1.6, as enacted by Chapter 294, Laws of Utah 2006
64 4-30-6, as enacted by Chapter 2, Laws of Utah 1979
65 4-31-3, as enacted by Chapter 2, Laws of Utah 1979
66 4-31-10, as enacted by Chapter 2, Laws of Utah 1979
67 4-31-13, as enacted by Chapter 2, Laws of Utah 1979
68 4-31-16, as last amended by Chapter 79, Laws of Utah 1996
69 4-32-3, as last amended by Chapter 302, Laws of Utah 1997
70 4-32-5, as last amended by Chapter 130, Laws of Utah 1985
71 4-32-13, as enacted by Chapter 2, Laws of Utah 1979
72 4-32-18, as enacted by Chapter 2, Laws of Utah 1979
73 4-32-20, as enacted by Chapter 2, Laws of Utah 1979
74 4-32-22, as enacted by Chapter 2, Laws of Utah 1979
75 17-41-201, as last amended by Chapter 194, Laws of Utah 2006
76 17A-1-301, as last amended by Chapters 131 and 184, Laws of Utah 2003
77 17A-3-800, as last amended by Chapter 82, Laws of Utah 1997
78 41-1a-422, as last amended by Chapter 69, Laws of Utah 2004
79 54-3-25, as enacted by Chapter 123, Laws of Utah 1990
80 63-38-2, as last amended by Chapters 213 and 316, Laws of Utah 2006
81 73-5-15, as enacted by Chapter 193, Laws of Utah 2006
82 73-10-26, as last amended by Chapter 234, Laws of Utah 1990
83 REPEALS:
84 4-6-1, as enacted by Chapter 2, Laws of Utah 1979
85 4-6-2, as enacted by Chapter 2, Laws of Utah 1979
86 4-6-3, as last amended by Chapter 20, Laws of Utah 1995
87 4-6-4, as enacted by Chapter 2, Laws of Utah 1979
88 4-18-14, as last amended by Chapter 244, Laws of Utah 1993
89 4-18-15, as enacted by Chapter 205, Laws of Utah 1990

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- 4 - 90 4-18-16, as enacted by Chapter 205, Laws of Utah 1990
91 4-18-17, as enacted by Chapter 205, Laws of Utah 1990
92 4-18-18, as enacted by Chapter 205, Laws of Utah 1990
93 4-18-19, as enacted by Chapter 205, Laws of Utah 1990
94 4-18-20, as enacted by Chapter 205, Laws of Utah 1990
95 4-18-21, as enacted by Chapter 205, Laws of Utah 1990
96 4-18-22, as enacted by Chapter 205, Laws of Utah 1990
97 4-18-23, as enacted by Chapter 205, Laws of Utah 1990
98 4-18-24, as enacted by Chapter 205, Laws of Utah 1990
99 4-18-25, as enacted by Chapter 205, Laws of Utah 1990
100 4-18-26, as enacted by Chapter 205, Laws of Utah 1990
101 4-18-27, as enacted by Chapter 205, Laws of Utah 1990
102
103 Be it enacted by the Legislature of the state of Utah:
104 Section 1. Section 4-1-4 is amended to read:
105 4-1-4. Code enforcement -- Inspection authorized -- Condemnation or seizure --
106 Injunctive relief -- Costs awarded -- County or district attorney to represent state --
107 Criminal actions -- Witness fee.
108 (1) For the purpose of enforcing any provision [of this code, the Department of
109 Agriculture and Food] in this title, the department may:
110 (a) enter, at reasonable times, [for the purpose of inspection,] and inspect any public or
111 private premises where agricultural products are located; and [may]
112 (b) obtain samples of products at no charge to the department, unless otherwise
113 specified [within a particular chapter in this code] in this title.
114 (2) The department may proceed immediately, if admittance is refused, to obtain an ex
115 parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises
116 for the purpose of making inspections and obtaining samples.
117 (3) (a) The department is authorized in any court of competent jurisdiction to:
118 (i) seek an order of seizure or condemnation of any agricultural product [which] that
119 violates [any chapter contained within this code] this title; or[,]
120 (ii) upon proper grounds, [to] obtain a temporary restraining order or temporary or

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- 5 - 121 permanent injunction to prevent violation of [any such chapter] this title.
122 (b) No bond shall be required of the department in any injunctive proceeding brought
123 under this section.
124 (4) (a) If the court orders condemnation [is ordered], the department shall dispose of
125 the agricultural product [shall be disposed of] as the court directs[; provided, that in no event
126 shall it].
127 (b) The court may not order condemnation without giving the claimant of the
128 agricultural product an opportunity to apply to the court for permission to bring the product
129 into conformance or for permission to remove it from the state.
130 (5) If the court orders condemnation, the court shall award court costs, fees, storage,
131 and other costs [shall be awarded against the claimant] to the department.
132 (6) Unless otherwise specifically provided within the particular chapter governing the
133 product sought to be seized or condemned or the conduct sought to be enjoined, the county
134 attorney of the county in which the product is located or the act committed shall represent the
135 department in any action commenced under authority of this section.
136 (7) (a) In any criminal action brought by the department for violation of [any provision
137 contained within a chapter in] this [code] title, the county attorney or district attorney in the
138 county in which the alleged criminal activity occurred shall represent the state[; provided, that
139 before].
140 (b) Before the department pursues any criminal action [is commenced by the
141 department], it shall first give written notice of its intent to file criminal charges to the person it
142 intends to charge and [afford such] give the person an opportunity to present, personally or
143 through counsel, [such] the person's views with respect to the contemplated action.
144 (8) Any witness subpoenaed by the department for whatever purpose[,] is entitled to:
145 (a) a witness fee for each day of required attendance at proceedings initiated by the
146 department; and [to]
147 (b) mileage in accordance with the fees and mileage allowed witnesses appearing in the
148 district courts of this state.
149 Section 2. Section 4-2-2 is amended to read:
150 4-2-2. Functions, powers, and duties of department -- Fees for services --
151 Marketing orders -- Procedure.

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- 6 - 152 (1) The department [has and shall exercise the following functions, powers, and duties]
153 shall:
154 (a) [to] inquire into and promote the interests and products of agriculture and its allied
155 industries;
156 (b) [to] promote methods for increasing the production and facilitating the distribution
157 of the agricultural products of the state;
158 (c) (i) [to] inquire into the cause of contagious, infectious, and communicable diseases
159 among livestock and the means for their prevention and cure; and
160 (ii) [to] initiate, implement, and administer plans and programs to prevent the spread of
161 diseases among livestock;
162 (d) [to] encourage experiments designed to determine the best means and methods for
163 the control of diseases among domestic and wild animals;
164 (e) [to] issue marketing orders for any designated agricultural product to:
165 (i) promote orderly market conditions for any product;
166 (ii) give the producer a fair return on the producer's investment at the marketplace; and
167 (iii) only promote and not restrict or restrain the marketing of Utah agricultural
168 commodities;
169 (f) [to] administer and enforce all laws assigned to the department by the Legislature;
170 (g) [to] establish standards and grades for agricultural products and fix and collect
171 reasonable fees for services performed by the department in conjunction with the grading of
172 agricultural products;
173 (h) [to] establish operational standards for any establishment [which] that
174 manufactures, processes, produces, distributes, stores, sells, or offers for sale any agricultural
175 product;
176 (i) [to promulgate, subject to] adopt, according to Title 63, Chapter 46a, Utah
177 Administrative Rulemaking Act, rules necessary for the effective administration of the
178 agricultural laws of the state;
179 (j) [to] when necessary, make investigations, subpoena witnesses and records, conduct
180 hearings, issue orders, and make recommendations concerning all matters related to
181 agriculture;
182 (k) (i) [to] inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or

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House Committee Amendments 2-5-2007 je/erb 183

any private or public place [which] that may become infested or infected with harmful insects,
184 plant diseases, noxious or poisonous weeds, or other agricultural pests;
185 (ii) [to] establish and enforce quarantines;
186 (iii) [to] issue and enforce orders and [regulations] rules for the control and eradication
187 of pests, wherever they may exist within the state; and
188 (iv) [to] perform other duties relating to plants and plant products considered advisable
189 and not contrary to law;
190 (l) [to] inspect apiaries for diseases inimical to bees and beekeeping;
191 (m) [to] take charge of any agricultural exhibit within the state, if considered necessary
192 by the department, and award premiums at that exhibit;
193 (n) [to] assist the [Soil] Conservation Commission in the administration of Title 4,
194 Chapter 18, [Soil] Conservation Commission Act, and administer and disburse any funds
195 [which are] available [for the purpose of assisting soil] to assist conservation districts in the
196 state in the conservation of the state's soil and water resources; and
197 (o) [to] perform any additional functions, powers, and duties provided by law.
198 (2) [Unless otherwise provided by statute, the] The department H. [ may ] .H , by
198a following the
199 procedures and requirements of Section 63-38-3.2 , H. may .H adopt a schedule of
199a fees assessed for
200 services provided by the department. [The fee shall be reasonable and fair, and shall be
201 submitted to and approved by the Legislature as part of the department's annual appropriations
202 request. The department may not charge or collect any fee proposed in this manner without
203 approval by the Legislature.]
204 (3) (a) No marketing order issued under Subsection (1)(e) [is effective] shall take effect
205 until:
206 (i) the department gives notice of the proposed order [is given] to the producers and
207 handlers of the affected product;
208 (ii) [a hearing conducted by] the commissioner [is held] conducts a hearing on the
209 proposed order; and
210 (iii) at least 50% of the registered producers and handlers of the affected products vote
211 in favor of the proposed order.
212 (b) (i) The department may establish boards of control to administer marketing orders
213 and the proceeds derived from any order. [It shall be the responsibility of a]

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- 8 - 214 (ii) The board of control [to] shall:
215 [(i)] (A) ensure that all proceeds are placed in an account in the board of control's name
216 [of the board of control] in a depository institution; and
217 [(ii)] (B) ensure that the account is annually audited by an accountant approved by the
218 commissioner.
219 (4) Funds collected by grain grading, as provided by Subsection (1)(g), shall be
220 deposited in the General Fund as nonlapsing dedicated credits for the grain grading program.
221 Section 3. Section 4-2-10 is amended to read:
222 4-2-10. Responsibilities.
223 (1) The state chemist shall:
224 (a) serve as the chief administrative officer of the Division of Laboratories [and shall
225 be responsible for the supervision and administration of]; and
226 (b) supervise and administer all analytical tests required to be performed under this
227 [code] title or under any [regulations promulgated pursuant to] rule authorized by it.
228 (2) The state chemist may perform analytical tests for other state agencies, federal
229 agencies, units of local government, and private persons if [such]:
230 (a) the tests and analytical work do not interfere with, or impede, the work required by
231 the department[,]; and [if]
232 (b) a charge commensurate with the work involved is made and collected.
233 (3) The state chemist shall perform any other official duties assigned by the
234 commissioner.
235 Section 4. Section 4-3-1 is amended to read:
236 4-3-1. Definitions.
237 As used in this chapter:
238 (1) "Adulterated" means any dairy product [which] that:
239 (a) contains any poisonous or deleterious substance that may render it injurious to
240 health;
241 (b) has been produced, prepared, packaged, or held:
242 (i) under unsanitary conditions[, or];
243 (ii) where it may have become contaminated; or
244 (iii) where it may have become diseased or injurious to health;

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- 9 - 245 (c) contains any food additive that is unsafe within the meaning of [Section 409 of the
246 Federal Food, Drug and Cosmetic Act] 21 U.S.C. Sec. 348;
247 (d) contains:
248 (i) any filthy, putrid, or decomposed substance[, or];
249 (ii) fresh fluid milk [which contains] with a lactic acid level at or above [the level of
250 .18 of 1%, or] .0018;
251 (iii) cream with a lactic acid level at or above [.8 of 1%, or which] .008 or that is
252 otherwise unfit for human food;
253 (e) is the product of:
254 (i) a diseased animal [or];
255 (ii) an animal [which] that died otherwise than by slaughter[,]; or
256 (iii) an animal fed upon uncooked offal;
257 (f) has intentionally been subjected to radiation, unless the use of the radiation is in
258 conformity with a [regulation] rule or exemption promulgated by the department; or
259 (g) (i) has any valuable constituent omitted or abstracted[, or which];
260 (ii) has any substance substituted in whole or in part [therefor, or which];
261 (iii) has damage or inferiority concealed in any manner[, or which]; or
262 (iv) has any substance added, mixed, or packed with the product to:
263 (A) increase its bulk or weight[, or];
264 (B) reduce its quality or strength[,]; or
265 (C) make it appear better or of greater value.
266 (2) "Dairy product" means any product derived from raw or pasteurized milk.
267 (3) "Distributor" means any person who distributes a dairy product.
268 (4) (a) "Filled milk" means any milk, cream, or skimmed milk, whether condensed,
269 evaporated, concentrated, powdered, dried, or desiccated, [which] that has fat or oil other than
270 milk fat added, blended, or compounded with it so that the resultant product is an imitation or
271 semblance of milk, cream, or skimmed milk. [It]
272 (b) "Filled milk" does not include any distinctive proprietary food compound [which]:
273 (i) that is prepared and designated for feeding infants and young children, which is
274 customarily used upon the order of a licensed physician; [provided, that]
275 (ii) whose product name and label does not contain the word "milk" [does not appear in

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- 10 - 276 the product name or in any statement on the label,]; and [that the]
277 (iii) whose label conforms with the food labeling requirements.
278 (5) "Frozen dairy products" mean dairy products normally served to the consumer in a
279 frozen or semifrozen state.
280 (6) "Grade A milk," "grade A milk products," and "milk" [for the purposes of this
281 chapter] have the same meaning that is accorded [such] the terms in the federal standards for
282 grade A milk and grade A milk products unless modified by [regulations] rules of the
283 department.
284 (7) "License" means a document allowing a person or plant to process, manufacture,
285 supply, test, haul, or pasteurize milk or milk products or conduct [such] other activity [as]
286 specified by the license.
287 (8) "Manufacturer" means any person who processes milk in [such] a way that [its]
288 changes the milk's character [is changed].
289 (9) "Manufacturing milk" means milk used in the production of non-grade A dairy
290 products.
291 (10) "Misbranded" means:
292 (a) any dairy product whose label is false or misleading in any particular, or whose
293 label or package fails to conform to any federal regulation adopted by the department [which]
294 that pertains to packaging and labeling[. It also means:];
295 [(a)] (b) any dairy product in final packaged form manufactured in this state [which]
296 that does not bear:
297 (i) the manufacturer's, packer's, or distributor's name, address, and plant number, if
298 applicable; [and,]
299 (ii) a clear statement of the product's common or usual name, quantity, and ingredients,
300 if applicable[,]; and
301 (iii) any other information required by [regulation] rule of the department;
302 [(b)] (c) any butter in consumer package form that is not at least B grade, or that does
303 not meet the grade claimed on the package, measured by U.S.D.A. butter grade standards;
304 [(c)] (d) any imitation butter made in whole or in part from material other than
305 wholesome milk or cream, except clearly labeled "margarine";
306 [(d)] (e) renovated butter unless the words "renovated butter," in letters not less than

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- 11 - 307 1/2-inch in height appear on each package, roll, square, or container of such butter; or
308 [(e)] (f) any dairy product in final packaged form [which] that makes nutritional claims
309 or adds or adjusts nutrients that are not so labeled.
310 (11) "Pasteurization" means any process [which] that renders dairy products practically
311 free of disease organisms and is accepted by federal standards.
312 (12) "Permit or certificate" means a document allowing a person to market milk.
313 (13) "Plant" means any facility where milk is processed or manufactured.
314 (14) "Processor" means any person who subjects milk to a process.
315 (15) "Producer" means a person who owns [cows] a cow or other milk producing
316 hoofed mammal that [produce] produces milk for consumption by persons other than the
317 producer's family, employees, or nonpaying guests.
318 (16) "Raw milk" means unpasteurized milk.
319 (17) "Renovated butter" means butter that is reduced to a liquid state by melting and
320 drawing off such liquid or butter oil and churning or otherwise manipulating it in connection
321 with milk or any product of milk.
322 (18) "Retailer" means any person who sells or distributes dairy products directly to the
323 consumer.
324 Section 5. Section 4-3-4 is amended to read:
325 4-3-4. Authority to inspect premises.
326 (1) The department may inspect any premises where dairy products are produced,
327 manufactured, processed, stored, or held for distribution, at reasonable times and places, to
328 determine whether [such] the premises are in compliance with this chapter and the [regulations
329 promulgated pursuant] rules adopted according to it.
330 (2) If the department is denied access [is denied the department], it may proceed
331 immediately to the nearest court of competent jurisdiction [and] to seek an ex parte warrant or
332 its equivalent to permit inspection of the premises.
333 Section 6. Section 4-3-7 is amended to read:
334 4-3-7. Testing and measuring milk -- Standards prescribed -- Milk quality work
335 in accordance with rules.
336 [Methods] (1) Milk shall be tested and measured in accordance with [those prescribed
337 in]:

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- 12 - 338 (a) the latest edition of "Association of Official Analytical Chemists[,]" [or];
339 (b) the latest edition of "Standard Methods for Examination of Dairy Products[,]" [or in
340 accordance with];
341 (c) other publications accepted by the department[, or in accordance with]; or
342 (d) methods prescribed by the department [shall be used for testing and measuring
343 milk].
344 [Milk] (2) A processor or manufacturer shall perform quality work [shall be performed
345 by the processor or manufacturer] in accordance with the rules [and regulations] adopted by the
346 department.
347 Section 7. Section 4-3-8 is amended to read:
348 4-3-8. Licenses and permits -- Application -- Fee -- Expiration -- Renewal.
349 (1) Application for a license to operate a plant [or to], manufacture butter or cheese,
350 pasteurize milk, test milk for payment, haul milk in bulk, or for the wholesale distribution of
351 dairy products[,] shall be made to the department upon forms prescribed and furnished by it.
352 (2) Upon receipt of a proper application, compliance with all applicable [regulations]
353 rules, and payment of a license fee determined by the department [pursuant] according to
354 Subsection 4-2-2 (2), the commissioner, if satisfied that the public convenience and necessity
355 and the industry will be served, shall issue an appropriate license to the applicant subject to
356 suspension or revocation for cause.
357 (3) Each license issued under this section expires at midnight on December 31 of each
358 year.
359 (4) A license to operate a plant [or to], manufacture butter or cheese, pasteurize milk,
360 test milk for payment, haul milk in bulk, or for the wholesale distribution of dairy products, is
361 renewable for a period of one year upon the payment of an annual license renewal fee
362 determined by the department [pursuant] according to Subsection 4-2-2 (2) on or before
363 December 31 of each year.
364 [(2)] (5) Application for a permit or certificate to produce milk shall be made to the
365 department on forms prescribed and furnished by it.
366 (6) (a) Upon receipt of a proper application and compliance with all applicable
367 [regulations] rules, the commissioner shall issue a permit entitling the applicant to engage in
368 the business of producer, subject to suspension or revocation for cause.

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- 13 - 369 (b) No fee may be charged by the department for issuance of a permit or certificate.
370 Section 8. Section 4-3-10 is amended to read:
371 4-3-10. Unlawful acts specified.
372 It is unlawful for any person in this state to:
373 (1) operate a plant without a license issued by the department;
374 (2) market milk without a permit or certificate issued by the department;
375 (3) manufacture butter or cheese, pasteurize milk, test milk for payment, or haul milk
376 in bulk without a special license to perform the particular activity designated in this Subsection
377 (3); [provided, that] unless if more than one person working in a plant is engaged in the
378 performance of a single activity designated in this Subsection (3), [it is sufficient if] the person
379 who directs the activity is licensed[.];
380 (4) manufacture, distribute, sell, deliver, hold, store, or offer for sale any adulterated or
381 misbranded dairy product;
382 (5) manufacture, distribute, sell, deliver, hold, store, or offer for sale any dairy product
383 without a license, permit, or certificate required by this chapter;
384 (6) sell or offer for sale any milk not intended for human consumption unless it is
385 denatured or decharacterized in accordance with the [regulations] rules of the department;
386 (7) manufacture, distribute, sell, or offer for sale any filled milk labeled as milk or as a
387 dairy product;
388 (8) keep any animals with brucellosis, tuberculosis, or other infectious or contagious
389 diseases communicable to humans in any place where they may come in contact with cows or
390 other milking animals;
391 (9) draw milk for human food from cows or other milking animals that are infected
392 with tuberculosis, running sores, communicable diseases, or from animals that are fed feed that
393 will produce milk that is adulterated;
394 (10) accept[,] or process milk from any producer without verification that the producer
395 holds a valid permit or certification or, if milk is accepted from out of the state, without
396 verification that the producer holds a permit or certification from the appropriate regulatory
397 agency of that state;
398 (11) use any contaminated or unclean equipment or container to process, manufacture,
399 distribute, deliver, or sell a dairy product;

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- 14 - 400 (12) remove, change, conceal, erase, or obliterate any mark or tag placed upon any
401 equipment, tank, or container by the department[;] except[, for the purpose of cleaning and
402 sanitizing] to clean and sanitize it;
403 (13) use any tank or container used for the transportation of milk or other dairy
404 products [which] that is unclean or contaminated;
405 (14) refuse to allow the department to take samples for testing; or
406 (15) prohibit adding vitamin compounds in the processing of milk and dairy products
407 in accordance with [regulations] rules of the department.
408 Section 9. Section 4-3-14 is amended to read:
409 4-3-14. Sale of raw milk prohibited -- Exceptions -- Suspension of producer's
410 permit.
411 (1) Raw milk may be sold if:
412 (a) the producer obtains a permit from the department to produce milk under
413 Subsection [ 4-3-8 (2)] 4-3-8 (5);
414 (b) the sale and delivery of the milk is made upon the premises where the milk is
415 produced;
416 (c) it is sold to consumers for household use and not for resale;
417 (d) it is bottled or packaged under sanitary conditions and in sanitary containers on the
418 premises where the milk is produced;
419 (e) it is labeled "raw milk" and meets the labeling requirements under 21 C.F.R. Parts
420 101 and 131 and rules established by the department;
421 (f) it is:
422 (i) cooled to 50 degrees Fahrenheit or a lower temperature within one hour after being
423 drawn from the animal;
424 (ii) further cooled to 41 degrees Fahrenheit within two hours of being drawn from the
425 animal; and
426 (iii) maintained at 41 degrees Fahrenheit or a lower temperature until it is delivered to
427 the consumer;
428 (g) the bacterial count of the milk does not exceed[: (i)] 20,000 colony forming units
429 per milliliter[, or if individual colonies are counted, a direct microscopic count in excess of
430 20,000 colony forming units per milliliter; or];

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- 15 - 431 [(ii) if individual organisms are counted, 80,000 bacteria per milliliter;]
432 (h) the bacterial plate count and the coliform count of the milk meet the bacterial and
433 coliform enforcement standards for grade A pasteurized milk;
434 (i) the production of the milk conforms to departmental rules for the production of
435 grade A milk;
436 (j) all dairy animals on the premises are:
437 (i) permanently and individually identifiable; and
438 (ii) free of tuberculosis, brucellosis, and other diseases carried through milk; and
439 (k) any person on the premises performing any work in connection with the production,
440 bottling, handling, or sale of the raw milk is free from communicable disease.
441 (2) (a) The department shall suspend a permit to produce raw milk issued under
442 Subsection [ 4-3-8 (2)] 4-3-8 (5) if a milk producer violates any provision of Subsection (1).
443 (b) The department may reissue a permit to produce raw milk [which] that has been
444 suspended under Subsection (2)(a) if the producer has complied with all of the requirements of
445 Subsection (1).
446 Section 10. Section 4-4-4 is amended to read:
447 4-4-4. Unlawful acts specified.
448 (1) It is unlawful for any person to[: (1) Sell,] sell, offer, or expose any egg for sale for
449 human consumption [which]:
450 (a) that is addled or mouldy[,] or [which] that contains black spot, black rot, white rot,
451 blood ring, adherent yolk, or a bloody or green white [(albumen)], also called albumen; or
452 [(2) Sell, offer, or expose any egg for sale for human consumption]
453 (b) without a sign or label [which] that conforms to the standards for display and grade
454 adopted by the department.
455 (2) Nothing in this section[, however,] shall prohibit the sale of denatured eggs.
456 Section 11. Section 4-5-6 is amended to read:
457 4-5-6. Definitions and standards of identity, quality, and fill of container -- Rules
458 -- Temporary and special permits.
459 (1) (a) Definitions and standards of identity, quality and fill of container, now or
460 hereafter adopted under authority of the [federal act] Federal Food, Drug, and Cosmetic Act, 21
461 U.S.C. Sec. 301 et seq., are the definitions and standards of identity, quality and fill of

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- 16 - 462 container in this state. [However, the]
463 (b) The department may [promulgate regulations] adopt rules establishing definitions
464 and standards of identity, quality and fill of container for foods where no federal regulations
465 exist and may promulgate amendments to any federal regulations or state [regulations which]
466 rules that set definitions and standards of identity, quality and fill of container for foods.
467 (2) (a) Temporary permits now or hereafter granted for interstate shipment of
468 experimental packs of food varying from the requirements of federal definitions and standards
469 of identity are automatically effective in this state under the conditions provided in [such] the
470 permits. [In addition, the]
471 (b) The department may issue additional permits where they are necessary [to] for the
472 completion or conclusiveness of an otherwise adequate investigation and where the interests of
473 consumers are safeguarded. [Such permits]
474 (c) Permits are subject to the terms and conditions the department may prescribe by
475 [regulation] rule.
476 Section 12. Section 4-5-7 is amended to read:
477 4-5-7. Adulterated food specified.
478 A food [shall be deemed to be] is adulterated:
479 (1) (a) if it bears or contains any poisonous or deleterious substance [which] that may
480 render it injurious to health; but in case the substance is not an added substance [such] the food
481 shall not be considered adulterated under this [clause] Subsection (1)(a) if the quantity of
482 [such] the substance in such food does not ordinarily render it injurious to health;
483 (b) (i) if it bears or contains any added poisonous or added deleterious substance other
484 than one [which] that is:
485 (A) a pesticide chemical in or on a raw agricultural commodity;
486 (B) a food additive; or
487 (C) a color additive[, which] that is unsafe within the meaning of Subsection 4-5-11 (1);
488 or
489 (ii) if it is a raw agricultural commodity and it bears or contains a pesticide chemical
490 [which] that is unsafe within the meaning of [Section 408 (a) of the federal act;] 21 U.S.C. Sec.
491 346a; or
492 (iii) if it is or it bears or contains any food additive [which] that is unsafe within the

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- 17 - 493 meaning of [Section 409 of the federal act] 21 U.S.C. Sec. 348; provided that where a pesticide
494 chemical has been used in or on a raw agricultural commodity in conformity with an exemption
495 granted or tolerance prescribed under [Section 408] 21 U.S.C. 346a [of the federal act] and
496 [such] the raw agricultural commodity has been subjected to processing such as canning,
497 cooking, freezing, dehydrating, or milling the residue of such pesticide chemical remaining in
498 or on such processed food shall, notwithstanding the provisions of Section 4-5-11 and this
499 Subsection (1)(b)(iii), not be [deemed] considered unsafe if such residue in or on the raw
500 agricultural commodity has been removed to the extent possible in good manufacturing
501 practice, and the concentration of such residue in the processed food when ready to eat is not
502 greater than the tolerance prescribed for the raw agricultural commodity;
503 (c) if it consists in whole or in part of a diseased, contaminated, filthy, putrid, or
504 decomposed substance, or if it is otherwise unfit for food;
505 (d) if it has been produced, prepared, packed, or held under unsanitary conditions
506 whereby it may have become contaminated with filth, or whereby it may have been rendered
507 diseased, unwholesome, or injurious to health;
508 (e) if it is, in whole or in part, the product of a diseased animal or an animal [which]
509 that has died otherwise than by slaughter, or of an animal that has been fed upon the uncooked
510 offal from a slaughterhouse;
511 (f) if its container is composed, in whole or in part, of any poisonous or deleterious
512 substance [which] that may render the contents injurious to health;
513 (g) if it has been intentionally subjected to radiation, unless the use of the radiation was
514 in conformity with a [regulation] rule or exemption in effect pursuant to Section 4-5-11 , or
515 [Section 409 of the federal act] 21 U.S.C. Sec. 348; or
516 (h) in meat or meat products are adulterated[;]:
517 (i) if such products are in casings, packages, or wrappers through which any part of
518 their contents can be seen and which, or the markings of which, are colored red or any other
519 color so as to be misleading or deceptive with respect to the color, quality, or kind of such
520 products to which they are applied[,]; or
521 (ii) if such products contain or bear any color additive;
522 (2) (a) if any valuable constituent has been in whole or in part omitted or abstracted
523 therefrom;

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- 18 - 524 (b) if any substance has been substituted wholly or in part therefor;
525 (c) if damage or inferiority has been concealed in any manner; or
526 (d) if any substance has been added or mixed or packed therewith so as to increase its
527 bulk or weight, or reduce its quality or strength or make it appear better or of greater value than
528 it is; or
529 (3) if it is confectionery, and:
530 (a) has partially or completely imbedded therein any nonnutritive object; provided that
531 this [clause] Subsection (3)(a) shall not apply in the case of any nonnutritive objective if, in the
532 judgment of the department such object is of practical functional value to the confectionery
533 product and would not render the product injurious or hazardous to health;
534 (b) bears or contains any alcohol other than alcohol not in excess of [one-half of 1
535 percent] .05% by volume derived solely from the use of flavoring extracts; or
536 (c) bears or contains any nonnutritive substance; provided, that this [clause] Subsection
537 (3)(c) shall not apply to a safe nonnutritive substance [which] that is in or on confectionery by
538 reason of its use for some practical functional purpose in the manufacture, packaging, or
539 storing of such confectionery if the use of the substance does not promote deception of the
540 consumer or otherwise result in adulteration or misbranding in violation of this [act: And
541 provided further, that the] chapter.
542 (4) The department may, for the purpose of avoiding or resolving uncertainty as to the
543 application of [this clause] Subsection (3)(c), issue [regulations] rules allowing or prohibiting
544 the use of particular nonnutritive substances.
545 Section 13. Section 4-5-10 is amended to read:
546 4-5-10. Food processed, labeled, or repacked at another location -- Exemption
547 from labeling requirements.
548 (1) The department shall [promulgate regulations] adopt rules exempting food from
549 any labeling requirement of this [act food which] chapter that is, in accordance with the
550 practice of the trade, to be processed, labeled or repacked in substantial quantities at
551 establishments other than those where originally processed or packed, on condition that [such]
552 the food is not adulterated or misbranded under this [act] chapter upon removal from such
553 processing, labeling or repacking establishment.
554 (2) (a) Regulations now or hereafter adopted under authority of the [federal act]

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- 19 - 555 Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., relating to [such] the
556 exemptions described in Subsection (1) are automatically effective in this state. [However, the]
557 (b) The department may [promulgate] adopt additional [regulations] rules or
558 amendments to existing [regulations] rules concerning exemptions.
559 Section 14. Section 4-5-15 is amended to read:
560 4-5-15. Consumer commodities -- Labeling and packaging.
561 (1) All labels of consumer commodities, as defined by this [act] chapter, shall conform
562 with the requirements for the declaration of net quantity of contents of [section 4 of the Fair
563 Packaging and Labeling Act] 15 U.S.C. Sec. 1453 and the regulations promulgated pursuant
564 thereto: provided, that consumer commodities exempted from [section 4 of the Fair Packaging
565 and Labeling Act] 15 U.S.C. Sec. 1453(4) shall also be exempt from this Subsection (1).
566 (2) The label of any package of a consumer commodity [which] that bears a
567 representation as to the number of servings of [such] the commodity contained in [such] the
568 package shall bear a statement of the net quantity [(]in terms of weight, measure, or numerical
569 count[) of] for each serving.
570 (3) (a) No person shall distribute or cause to be distributed in commerce any packaged
571 consumer commodity if any qualifying words or phrases appear in conjunction with the
572 separate statement of the net quantity of contents required by Subsection (1), but nothing in this
573 section shall prohibit supplemental statements, at other places on the package, describing in
574 nondeceptive terms the net quantity of contents. [Such supplemental]
575 (b) Supplemental statements of net quantity of contents [shall] may not include any
576 term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the
577 commodity contained in the package.
578 (4) (a) Whenever the department determines that [regulations] rules other than those
579 prescribed by Subsection [ 4-5-15 ](1) are necessary to prevent the deception of consumers or to
580 facilitate value comparisons as to any consumer commodity, the department shall promulgate
581 [regulations] rules effective to: [(a)]
582 (i) establish and define standards for the characterization of the size of a package
583 enclosing any consumer commodity, which may be used to supplement the label statement of
584 net quantity of contents of packages containing [such] the commodity, but this Subsection (4)
585 shall not be construed as authorizing any limitation on the size, shape, weight, dimensions, or

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- 20 - 586 number of packages [which] that may be used to enclose any commodity; [(b)]
587 (ii) regulate the placement upon any package containing any commodity, or upon any
588 label affixed to [such] a commodity, of any printed matter stating or representing by
589 implication that [such] the commodity is offered for retail sale at a price lower than the
590 ordinary and customary retail sale price or that a retail sale price advantage is accorded to
591 purchasers by reason of the size of that package or the quantity of its contents; [(c)]
592 (iii) require that the label on each package of a consumer commodity bear:
593 (A) the common or usual name of such consumer commodity, if any[,]; and
594 (B) [in case such] if the consumer commodity consists of two or more ingredients, the
595 common or usual name of each such ingredient listed in order of decreasing predominance, but
596 nothing in this [clause] Subsection (4) shall be [deemed] considered to require that any trade
597 secret be divulged; or [(d)]
598 (iv) prevent the nonfunctional slack-fill of packages containing consumer
599 commodities.
600 (b) For the purposes of [clause (d) of this subsection] Subsection (4)(a)(iv), a package
601 [shall be deemed to be] is nonfunctionally slack-filled if it is filled to substantially less than its
602 capacity for reasons other than [(A)]:
603 (i) protection of the contents of such package; or [(B)]
604 (ii) the requirements of machines used for enclosing the contents in such package;
605 provided, that the department may adopt any [regulations] rules promulgated [pursuant]
606 according to the Fair Packaging and Labeling Act, 15 U.S.C. Sec. 1453.
607 Section 15. Section 4-5-17 is amended to read:
608 4-5-17. Authority to make and enforce rules.
609 [(1) The authority to promulgate regulations for the efficient enforcement of this act is
610 vested in the department. The department is hereby authorized to make the regulations
611 promulgated under this act conform, in so far as practicable, with those promulgated under the
612 federal act.]
613 (1) The department may adopt rules to efficiently enforce this chapter, and if
614 practicable, adopt rules that conform to the regulations adopted under the Federal Food, Drug,
615 and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
616 (2) Hearings authorized or required by this [act] chapter shall be conducted by the

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- 21 - 617 department or by [such] an officer, agent, or employee [as the] designated by the department
618 [may designate for the purpose].
619 (3) [All] (a) Except as provided by Subsection (3)(b), all pesticide chemical
620 regulations and their amendments now or hereafter adopted under authority of the Federal
621 Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the pesticide chemical
622 regulations in this state. [However, the]
623 (b) The department may adopt a [regulation which] rule that prescribes tolerance for
624 pesticides in finished foods in this state whether or not in accordance with regulations
625 promulgated under the federal act.
626 (4) [All] (a) Except as provided by Subsection (4)(b), all food additive regulations and
627 their amendments now or hereafter adopted under authority of the Federal Food, Drug, and
628 Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the food additive regulations in this state.
629 [However, the]
630 (b) The department may adopt a [regulation which] rule that prescribes conditions
631 under which a food additive may be used in this state whether or not in accordance with
632 regulations promulgated under the federal act.
633 (5) All color additive regulations adopted under authority of the Federal Food, Drug,
634 and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the color additive [regulations] rules in this
635 state.
636 (6) [All] (a) Except as provided by Subsection (6)(b), all special dietary use
637 regulations adopted under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.
638 Sec. 301 et seq., are the special dietary use [regulations] rules in this state. [However, the]
639 (b) The department may, if it finds it necessary to inform purchasers of the value of a
640 food for special dietary use, prescribe special dietary use [regulations] rules whether or not in
641 accordance with regulations promulgated under the federal act.
642 (7) [All] (a) Except as provided by Subsection (7)(b), all regulations adopted under the
643 Fair Packaging and Labeling Act, 15 U.S.C. Sec. 1453 et seq., shall be the [regulations] rules in
644 this state. [However, the]
645 (b) Except as provided by Subsection (7)(c), the department may, if it finds it necessary
646 in the interest of consumers, prescribe package and labeling [regulations] rules for consumer
647 commodities, whether or not in accordance with regulations promulgated under the federal

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- 22 - 648 act[; provided, that no such regulations shall be promulgated which].
649 (c) The department may not adopt rules that are contrary to the labeling requirements
650 for the net quantity of contents required [pursuant to section 4 of the Fair Packaging and
651 Labeling Act] according to 15 U.S.C. Sec. 1453(4).
652 (8) (a) A federal regulation automatically adopted [pursuant] according to this [act]
653 chapter takes effect in this state on the date it becomes effective as a federal regulation.
654 (b) The department shall publish all other proposed [regulations] rules in publications
655 prescribed by the department.
656 (c) (i) A person who may be adversely affected by a [regulation] rule may, within 30
657 days after a federal regulation is automatically adopted, or within 30 days after publication of
658 any other [regulation] rule, file with the department, in writing, objections and a request for a
659 hearing.
660 (ii) The timely filing of substantial objections to a federal regulation automatically
661 adopted stays the effect of the [regulation] rule.
662 (d) (i) If no substantial objections are received and no hearing is requested within 30
663 days after publication of a proposed [regulation] rule, it shall take effect on a date set by the
664 department.
665 (ii) The effective date shall be at least 60 days after the time for filing objections has
666 expired.
667 (e) (i) If timely substantial objections are made to a federal regulation within 30 days
668 after it is automatically adopted or to a proposed [regulation] rule within 30 days after it is
669 published, the department, after notice, shall conduct a public hearing to receive evidence on
670 the issues raised by the objections.
671 (ii) Any interested person or his representative may be heard.
672 (f) (i) The department shall act upon objections by order and shall mail the order to
673 objectors by certified mail as soon after the hearing as practicable.
674 (ii) The order shall be based on substantial evidence in the record of the hearing.
675 (g) (i) If the order concerns a proposed [regulation] rule, it may withdraw it or set an
676 effective date for the [regulation] rule as published or as modified by the order.
677 (ii) The effective date shall be at least 60 days after publication of the order.
678 (9) Whenever a regulation is promulgated under authority of the Federal Food, Drug,

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- 23 - 679 and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., establishing standards for food, the tolerances
680 established by the department under this [act] chapter shall immediately conform to the
681 standards [so] established by the Federal Food and Drug Administration as herein provided and
682 shall remain the same until [such time as] the department [shall determine] determines that for
683 reasons peculiar to Utah a different [regulation] rule should [be made to] apply.
684 Section 16. Section 4-8-7 is amended to read:
685 4-8-7. Defense to claim of illegal activity.
686 No person who acts in compliance with any [regulation promulgated] rule adopted
687 under authority of this chapter shall be [deemed] considered to be engaged in any illegal
688 conspiracy or combination in restraint of trade or to be acting in furtherance of any illegal
689 purpose.
690 Section 17. Section 4-10-2 is amended to read:
691 4-10-2. Definitions.
692 As used in this chapter:
693 (1) "Article" means any bedding, upholstered furniture, quilted clothing, or filling
694 material.
695 (2) "Bedding" means any:
696 (a) quilted, packing, mattress or hammock pad; or [any]
697 (b) mattress, boxsprings, comforter, quilt, sleeping bag, studio couch, pillow or
698 cushion made with any filling material [which] that can be used for sleeping or reclining.
699 (3) "Filling material" means any cotton, wool, kapok, feathers, down, hair or other
700 material, or any combination of [such] material, whether loose or in bags, bales, batting, pads,
701 or other prefabricated form [which] that is, or can be, used in bedding, upholstered furniture or
702 quilted clothing.
703 (4) "Label" means the display of written, printed, or graphic matter upon a tag or upon
704 the immediate container of any bedding, upholstered furniture, quilted clothing, or filling
705 material.
706 (5) (a) "Manufacture" means to make, process, or prepare from new or secondhand
707 material, in whole or in part, any bedding, upholstered furniture, quilted clothing, or filling
708 material for sale[; but].
709 (b) "Manufacture" does not include isolated sales of such articles by persons who are

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- 24 - 710 not primarily engaged in the making, processing, or preparation of such articles.
711 (6) "New material" means any article not previously used for any purpose.
712 (7) "Owner's own material" means any article owned or in the possession of a person
713 for such person's own or a tenant's use [which] that is sent to another person for manufacture or
714 repair.
715 (8) "Quilted clothing" means any quilted garment or apparel, exclusive of trim used for
716 aesthetic effect, or any stiffener, shoulder pads, interfacing, or other material [which] that is
717 made in whole or in part from filling material and sold or offered for sale.
718 (9) "Repair" means to restore, recover, alter, or renew bedding, upholstered furniture,
719 or quilted clothing for a consideration.
720 (10) "Retailer" means a person who sells bedding, upholstered furniture, quilted
721 clothing, or filling material to consumers for use primarily for personal, family, household, or
722 business purposes.
723 (11) (a) "Sale" or "sell" means to offer or expose for sale, barter, trade, deliver,
724 consign, lease, or give away any bedding, upholstered furniture, quilted clothing, or filling
725 material[; but].
726 (b) "Sale" or "sell" does not include any judicial, executor's, administrator's, or
727 guardian's sale of such items.
728 (12) "Secondhand material" means any filling material which has previously been used
729 in an article.
730 (13) "Tag" means a card, flap, or strip attached to any article for the purpose of
731 displaying information required by this chapter or under [regulations] rule promulgated
732 pursuant to it.
733 (14) "Upholstered furniture" means any portable or fixed furniture, except fixed seats
734 in motor vehicles, boats, or aircraft, [which] that is made in whole or in part with filling
735 material, exclusive of trim used for aesthetic effect.
736 (15) "Wholesaler" means a person who offers any article for resale.
737 Section 18. Section 4-10-7 is amended to read:
738 4-10-7. Bedding, upholstered furniture, and filling material to be tagged -- Tag
739 size -- Information required on tag -- Quilted clothing tagged in conformance with
740 Federal Textile Fiber Products Identification Act -- Removal of tags.

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- 25 - 741 (1) (a) All bedding, upholstered furniture, and filling material shall be securely tagged
742 by the manufacturer or repairer.
743 (b) Tags shall be at least six square inches and plainly and indelibly labeled with
744 [such]:
745 (i) information as the department requires by [regulation together with] rule; and
746 (ii) according to the filling material type, the words "All New Material," "Secondhand
747 Material," or "Owner's Material," [(depending upon the type filling material used)] stamped or
748 printed on the label.
749 (c) Each label shall be placed on the article in such a position as to facilitate ease of
750 examination.
751 (2) (a) If more than one type of filling material is used, its component parts shall be
752 listed in descending order by weight or by percentages.
753 (b) If descriptive statements are made about the frame, cover, or style of the article,
754 such statements shall, in fact, be true.
755 (c) All quilted clothing shall be tagged and labeled in conformity with the Federal
756 Textile Fiber Products Identification Act, 15 U.S.C. Sec. 70 through 70k.
757 (3) No person, except the purchaser, may remove, deface, or alter a tag attached
758 [pursuant] according to this chapter.
759 Section 19. Section 4-11-15 is amended to read:
760 4-11-15. Wax-salvage operations -- County bee inspector to supervise compliance
761 with rules -- Salvage procedures specified.
762 (1) All wax-salvage operations with respect to wax, hives, apiary equipment, and
763 appliances shall be performed under the direction and supervision of the county bee inspector
764 according to procedures established by [regulations] rules of the department in an enclosure
765 tightly double-screened with screens not less than two inches apart.
766 (2) Entrance to the enclosure shall be through a vestibule double-screened in the same
767 manner as the enclosure with tight-fitting doors at each end.
768 (3) All boiling or melting of any noncontaminated apiary equipment, such as cappings,
769 honey supers, hives, or frames shall be done in a bee tight enclosure.
770 Section 20. Section 4-12-2 is amended to read:
771 4-12-2. Definitions.

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- 26 - 772 As used in this chapter:
773 (1) "Adulterated commercial feed" means any commercial feed:
774 (a) (i) [which] that contains any poisonous or deleterious substance [which] that may
775 render it injurious to health;
776 (ii) [which] that contains any added poisonous, added deleterious, or added
777 nonnutritive substance [which] that is unsafe within the meaning of [Section 406 of the Federal
778 Food, Drug and Cosmetic Act (] 21 U.S.C. Sec. 346, other than [one which is] a pesticide
779 chemical in or on a raw agricultural commodity[;] or a food additive[)];
780 (iii) [which] that contains any food additive or color additive [which] that is unsafe
781 within the meaning of [Section 409 or Section 706, respectively, of the Federal Food, Drug and
782 Cosmetic Act] 21 U.S.C. Sec. 348 or 379e;
783 (iv) [which] that contains a pesticide chemical in or on a raw agricultural commodity
784 which is unsafe within the meaning of [Section 408 (a) of the Federal Food, Drug and
785 Cosmetic Act] 21 U.S.C. Sec. 346a unless it is used in or on the raw agricultural commodity in
786 conformity with an exemption or tolerance prescribed under [Section 408 of the Federal Food,
787 Drug and Cosmetic Act] 21 U.S.C. Sec. 346a and is subjected to processing such as canning,
788 cooking, freezing, dehydrating, or milling, so that the residue, if any, of the pesticide chemical
789 in or on such processed feed is removed to the extent possible through good manufacturing
790 practices as prescribed by [regulations] rules of the department so that the concentration of
791 [such] the residue in the processed feed is not greater than the tolerance prescribed for the raw
792 agricultural commodity in [Section 408 of the Federal Food, Drug and Cosmetic Act] 21
793 U.S.C. Sec. 346a;
794 (v) [which] that contains viable weed seeds in amounts exceeding limits established by
795 [regulation] rule of the department; or
796 (vi) [which] that contains a drug [which] that does not conform to good manufacturing
797 practice as prescribed by federal regulations promulgated under authority of the Federal Food,
798 Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., for medicated feed premixes and for
799 medicated feeds unless the department determines that such regulations are not appropriate to
800 the conditions [which] that exist in this state; or
801 (b) [which] that has a valuable constituent omitted or abstracted from it, in whole or in
802 part, or its composition or quality falls below or differs from that represented on its label or in

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- 27 - 803 labeling.
804 (2) "Brand name" means any word, name, symbol, or device that identifies the
805 distributor or registrant of a commercial feed.
806 (3) "Commercial feed" means all materials, except unadulterated whole unmixed seeds
807 or unadulterated physically altered entire unmixed seeds, [which] that are distributed for use as
808 feed or for mixing in feed; provided, that the department may exempt from this definition by
809 [regulation] rule, or from specific [provisos] sections of this chapter, commodities such as hay,
810 straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances if
811 [such] the commodities, compounds, or substances are not inter-mixed or mixed with other
812 materials, and are not adulterated within the meaning of Subsection (1)(a) [of this section].
813 (4) "Customer-formula feed" means commercial feed [which] that consists of a mixture
814 of commercial feeds or feed ingredients manufactured according to the specific instructions of
815 the final purchaser.
816 (5) "Distribute" means to:
817 (a) offer for sale, sell, exchange, or barter commercial feed; or [to]
818 (b) supply, furnish, or otherwise provide commercial feed to a contract feeder.
819 (6) "Drug" means any article intended for use in the diagnosis, cure, mitigation,
820 treatment, or prevention of disease in animals other than man and articles other than feed
821 intended to affect the structure or any function of the animal body.
822 (7) "Feed ingredient" means each constituent material in a commercial feed.
823 (8) "Label" means any written, printed, or graphic matter upon or accompanying a
824 commercial feed.
825 (9) "Manufacture" means to grind, mix, blend, or otherwise process a commercial feed
826 for distribution.
827 (10) "Mineral feed" means a commercial feed intended to supply primarily mineral
828 elements or inorganic nutrients.
829 (11) "Misbranded" means any commercial feed, whether in a container or in bulk,
830 [which] that bears a label that is false or misleading in any particular, or that bears a label that
831 does not strictly conform to the labeling requirements of Section 4-12-5 .
832 (12) "Official sample" means a sample of commercial feed taken by the department
833 and designated as "official."

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- 28 - 834 (13) "Percent" or "percentage" means percentage by weight.
835 (14) "Ton" means a net weight of two thousand pounds avoirdupois.
836 Section 21. Section 4-12-5 is amended to read:
837 4-12-5. Labeling requirements for commercial and customer-formula feed
838 specified.
839 (1) Each container of commercial feed, except customer-formula feed, distributed in
840 this state shall bear a label setting forth:
841 (a) the name and principal address of the registrant;
842 (b) the product or brand name, if any, under which it is distributed;
843 (c) the feed ingredients stated in the manner prescribed by [regulation] rule of the
844 department;
845 (d) the net cumulative weight of the container and contents;
846 (e) the lot number or some other means of lot identification; and
847 (f) any information prescribed by [regulation] rule of the department [deemed]
848 considered necessary for the safe and effective use of the feed.
849 (2) (a) Each bulk shipment of commercial feed, except customer-formula feed,
850 distributed in this state shall be accompanied with a printed or written statement specifying the
851 information in Subsection (1)(a) through (f) of this section.
852 (b) The statement shall be delivered to the purchaser at the time the bulk feed is
853 delivered.
854 (3) Each container or bulk shipment of customer-formula feed distributed in this state
855 shall bear a label or be accompanied with an invoice setting forth:
856 (a) the name and principal address of the manufacturer;
857 (b) the name and principal address of the purchaser;
858 (c) the date of delivery;
859 (d) the net weight of each registered commercial feed used in the mixture and the net
860 weight of each other ingredient used; and
861 (e) any information prescribed by [regulation] rule of the department [deemed]
862 considered necessary for the safe and effective use of the customer-formula feed.
863 Section 22. Section 4-13-2 is amended to read:
864 4-13-2. Definitions.

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- 29 - 865 As used in this chapter:
866 (1) "Adulterated fertilizer" means any commercial fertilizer [which] that contains an
867 ingredient that renders it injurious to beneficial plant life when applied in accordance with the
868 directions on the label, or contains crop or weed seed, or is inadequately labeled to protect
869 plant life.
870 (2) "Brand" means any term, design, or trade mark used in connection with one or
871 several grades of commercial fertilizer or soil amendment.
872 (3) "Commercial fertilizer" means any substance [which] that contains one or more
873 recognized plant nutrients [which] that is used for its plant nutrient content and is designed for
874 use or claimed to have value in promoting plant growth, exclusive of unmanipulated animal
875 and vegetable manures, marl, lime, limestone, wood ashes, gypsum, and other products
876 exempted by [regulation] rule of the department.
877 (4) "Distributor" means any person who:
878 (a) imports, consigns, manufactures, produces, compounds, mixes, or blends
879 commercial fertilizer[, or a person who];
880 (b) imports, consigns, manufactures, produces, compounds, sizes, or blends a soil
881 amendment; or [who]
882 (c) offers for sale, sells, barters, or otherwise supplies commercial fertilizer or a soil
883 amendment in this state.
884 (5) "Fertilizer material" means a commercial fertilizer [which] that contains either:
885 (a) quantities of no more than one of the primary plant nutrients (nitrogen, phosphoric
886 acid and potash);
887 (b) approximately 85% plant nutrients in the form of a single chemical compound; or
888 (c) plant or animal residues or by-products, or a natural material deposit that is
889 processed so that its primary plant nutrients have not been materially changed, except through
890 purification and concentration.
891 (6) "Grade" means the percentage of total nitrogen, available phosphorus or phosphoric
892 acid, and soluble potassium or soluble potash stated in whole numbers in the same terms,
893 order, and percentages as in the guaranteed analysis; provided, that specialty fertilizers may be
894 guaranteed in fractional units of less than one percent of total nitrogen, available phosphorus or
895 phosphoric acid, and soluble potassium or soluble potash and that fertilizer materials such as

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- 30 - 896 bone meal, manures, and similar raw materials may be guaranteed in fractional units.
897 (7) (a) "Guaranteed analysis" means the minimum percentage by weight of plant
898 nutrients claimed in the following order and form:
899 Total nitrogen (N)

____ percent

900 Available phosphoric acid (P0)

____ percent

901 Soluble potash (K0)

____ percent

902 (b) For unacidulated mineral phosphatic materials and basic slag, bone, tankage, and
903 other organic phosphate materials, it means the total phosphoric acid [and/or] or degree of
904 fineness[;].
905 (c) Potential basicity or acidity expressed in terms of calcium carbonate equivalent in
906 multiples of one hundred pounds per ton, when required by [regulation] rule.
907 (d) (i) Guarantees for plant nutrients other than nitrogen, phosphorus, and potassium
908 may be permitted or required by [regulation] rule of the department.
909 (ii) The guarantees for such other nutrients shall be expressed in the form of the
910 element.
911 (iii) The sources of such other nutrients [(], such as oxides, salt, chelates, [etc.)] may be
912 required to be stated on the application for registration and may be included as a parenthetical
913 statement on the label.
914 (iv) Other beneficial substances or compounds, determinable by laboratory methods,
915 also may be guaranteed by permission of the department.
916 (v) Any plant nutrients or other substances or compounds guaranteed are subject to
917 inspection and analysis in accord with the methods and [regulations] rules prescribed by the
918 department.
919 (8) "Investigational allowance" means an allowance for variations inherent in the
920 taking, preparation, and analysis of an official sample of commercial fertilizer or soil
921 amendment.
922 (9) "Label" means the display of all written, printed, or graphic matter upon the
923 immediate container or statement accompanying a commercial fertilizer or soil amendment.
924 (10) "Labeling" means all written, printed, or graphic matter upon or accompanying
925 any commercial fertilizer or soil amendment, or advertisements, brochures, posters, television
926 and radio announcements used in promoting the sale of such commercial fertilizers or soil

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- 31 - 927 amendments.
928 (11) "Mixed fertilizer" means a commercial fertilizer containing any combination of
929 fertilizer materials.
930 (12) "Official sample" means any sample of commercial fertilizer or soil amendment
931 taken by the department and designated as "official."
932 (13) "Percent" or "percentage" means the percentage by weight.
933 (14) "Registrant" means any person who registers a commercial fertilizer or a soil
934 amendment under the provisions of this chapter.
935 (15) (a) "Soil amendment" means any substance that is intended to improve the
936 physical characteristics of soil[; except,].
937 (b) "Soil amendment" does not include any commercial fertilizer, agriculture liming
938 materials, unmanipulated animal manure, unmanipulated vegetable manure, pesticides, or other
939 material [exempted by regulation] exempt by rule of the department.
940 (16) "Specialty fertilizer" means any commercial fertilizer distributed primarily for
941 non-farm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks,
942 cemeteries, greenhouses, and nurseries.
943 (17) "Ton" means a net weight of two thousand pounds avoirdupois.
944 Section 23. Section 4-13-4 is amended to read:
945 4-13-4. Labeling requirements for specialty fertilizer, bulk commercial fertilizer,
946 packaged mixed fertilizer, and soil amendments specified.
947 (1) Each container of specialty commercial fertilizer distributed in this state shall bear
948 a label setting forth:
949 (a) its net weight;
950 (b) brand and grade;
951 (c) guaranteed analysis;
952 (d) the name and address of the registrant; and
953 (e) the lot number.
954 (2) (a) Each bulk shipment of commercial fertilizer distributed in this state shall be
955 accompanied by a printed or written statement setting forth the information specified in
956 Subsections (1)(a) through [(d) of this section] (e).
957 (b) The statement shall be delivered to the purchaser at the time the bulk fertilizer is

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- 32 - 958 delivered.
959 (3) Each sale of packaged mixed fertilizer shall be labeled, or labeling furnished the
960 consumer, to show its net weight, guaranteed analysis, lot number, and the name and address of
961 the distributor.
962 (4) (a) Each container of soil amendment shall conform to the requirements of
963 Subsection (1) [of this section], and if distributed in bulk, with Subsection (2) [of this section.
964 In addition, the].
965 (b) The name or chemical designation and content of the soil amending ingredient or
966 any other information prescribed by [regulation] rule of the department shall appear whether
967 distributed in a container or in bulk.
968 Section 24. Section 4-13-6 is amended to read:
969 4-13-6. Distribution of fertilizers not complying with labeling requirements
970 prohibited -- Guaranteed analysis deficient -- Penalty assessed -- Time for payment --
971 Court action to vacate or amend finding authorized.
972 (1) No person shall distribute in this state a commercial fertilizer, fertilizer material,
973 soil amendment or specialty fertilizer if the official sample thereof establishes that the
974 commercial fertilizer, fertilizer material, soil amendment or specialty fertilizer is deficient in
975 the nutrients guaranteed on the label by an amount exceeding the values established by
976 [regulation] rule or if the overall index value of the official sample is below the level
977 established by [regulation] rule.
978 (2) If an official sample, after analysis, demonstrates the guaranteed analysis is
979 deficient in one or more of its primary plant foods (NPK) beyond the investigational allowance
980 prescribed by [regulation] rule, or if the over-all index value of the official sample is below the
981 level established by [regulation] rule, a penalty of three times the commercial value of the
982 deficiency or deficiencies of the lot represented by the official sample may be assessed against
983 the registrant.
984 (3) All penalties assessed under this section shall be paid to the department within
985 three months after notice from the department.
986 (4) Any registrant aggrieved by the finding of an official sample deficiency may file a
987 complaint with a court of competent jurisdiction to vacate or amend the finding of the
988 department.

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- 33 - 989 Section 25. Section 4-14-3 is amended to read:
990 4-14-3. Registration required for distribution -- Application -- Fees -- Renewal --
991 Local needs registration -- Distributor or applicator license -- Fees -- Renewal.
992 (1) No person may distribute a pesticide in this state which is not registered with the
993 department. Application for registration shall be made to the department upon forms
994 prescribed and furnished by it accompanied with an annual registration fee determined by the
995 department pursuant to Subsection 4-2-2 (2) for each pesticide registered. Upon receipt by the
996 department of a proper application and payment of the appropriate fee, the commissioner shall
997 issue a registration to the applicant allowing distribution of the registered pesticide in this state
998 through June 30 of each year, subject to suspension or revocation for cause. Each registration
999 is renewable for a period of one year upon the payment of an annual registration renewal fee in
1000 an amount equal to the current applicable original registration fee. Each renewal fee shall be
1001 paid on or before June 30 of each year.
1002 (2) The application shall include the following information:
1003 (a) the name and address of the applicant and the name and address of the person
1004 whose name will appear on the label, if other than the applicant's name;
1005 (b) the name of the pesticide;
1006 (c) a complete copy of the label which will appear on the pesticide; and
1007 (d) any information prescribed by [regulation] rule of the department [deemed]
1008 considered necessary for the safe and effective use of the pesticide.
1009 (3) Forms for the renewal of registration shall be mailed to registrants at least 30 days
1010 before their registration expires. A registration in effect on June 30 for which a renewal
1011 application has been filed and the registration fee tendered shall continue in effect until the
1012 applicant is notified either that the registration is renewed or that it is suspended or revoked
1013 pursuant to Section 4-14-8 .
1014 (4) The department may, before approval of any registration, require the applicant to
1015 submit the complete formula of any pesticide including active and inert ingredients and may
1016 also, for any pesticide not registered [pursuant to Section (3) of FIFRA] according to 7 U.S.C.
1017 Sec. 136a or for any pesticide on which restrictions are being considered, require a complete
1018 description of all tests and test results that support the claims made by the applicant or the
1019 manufacturer of the pesticide.

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(5) A registrant who desires to register a pesticide to meet special local needs [pursuant
1021 to Section 24(c) of FIFRA] according to 7 U.S.C. Sec. 436v(c) shall, in addition to complying
1022 with Subsections (1) and (2), satisfy the department that:
1023 (a) a special local need exists;
1024 (b) the pesticide warrants the claims made for it;
1025 (c) the pesticide, if used in accordance with commonly accepted practices, will not
1026 cause unreasonable adverse effects on the environment; and
1027 (d) the proposed classification for use conforms with [Section 3(d) of FIFRA] 7 U.S.C.
1028 Sec. 136a(d).
1029 (6) No registration is required for a pesticide distributed in this state pursuant to an
1030 experimental use permit issued by the EPA or under Section 4-14-5 .
1031 (7) No pesticide dealer may distribute a restricted use pesticide in this state without a
1032 license. No person may apply a pesticide for hire in this state without a license. A license to
1033 engage in either activity may be obtained upon application from the department upon the
1034 payment of a license fee determined by the department pursuant to Subsection 4-2-2 (2), which
1035 shall entitle the applicant to engage in the otherwise proscribed activity through December 31
1036 of the year in which the license is issued. Such a license is annually renewable upon the
1037 payment of an annual license renewal fee determined by the department [pursuant] according to
1038 Subsection 4-2-2 (2).
1039 Section 26. Section 4-14-9 is amended to read:
1040 4-14-9. Examination requirements for license to act as applicator may be waived
1041 through reciprocal agreement.
1042 The department may waive any or all examination requirements [which]
1042a H. [ that may be ] .H
1043 specified H. [ by ] in .H [regulation] rule for noncommercial, commercial, and private
1043a applicators through
1044 a reciprocal agreement with another state whose examination requirements and standards for
1045 licensure are substantially similar to those of Utah.
1046 Section 27. Section 4-15-5 is amended to read:
1047 4-15-5. License -- Application -- Fees -- Expiration -- Renewal.
1048 (1) (a) Application for a license to operate a nursery or nursery outlet or to solicit or
1049 receive orders of nursery stock for a person regularly engaged in the business of operating a
1050 nursery or nursery outlet shall be made to the department on forms prescribed and furnished by

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- 35 - 1051 it.
1052 (b) Upon receipt of a proper application and compliance with applicable [regulations]
1053 rules, and payment of a license fee determined by the department [pursuant] according to
1054 Subsection 4-2-2 (2) for each place of business where the applicant intends to offer nursery
1055 stock for wholesale or retail sale, or the payment of a fee determined by the department
1056 pursuant to Subsection 4-2-2 (2) in the case of an agent, the commissioner, if satisfied the
1057 convenience and necessity of the industry and the public will be served, shall issue a license to
1058 engage in the otherwise proscribed activity through December 31 of the year in which the
1059 license is issued, subject to suspension or revocation for cause.
1060 (2) A license to operate a nursery or nursery outlet or an agent's license is renewable on
1061 or before December 31 of each year for a period of one year upon the payment of an annual
1062 license renewal fee determined by the department [pursuant] according to Subsection 4-2-2 (2).
1063 Section 28. Section 4-15-6 is amended to read:
1064 4-15-6. Nursery stock for wholesale or retail sale -- Graded and sized -- Labels
1065 and tags -- Information to appear on label or tag.
1066 (1) Each type of nursery stock delivered to a nursery or nursery outlet for subsequent
1067 wholesale or retail sale shall:
1068 (a) be sized and graded in accordance with the applicable [regulations] rules of the
1069 department; and [shall]
1070 (b) bear a tag or label with the name, grade, size, and variety of the stock.
1071 (2) Each bundle, single lot, or single nursery stock sold at retail shall bear a secure tag
1072 or label with the common or botanical name, grade, size, and variety of the stock legibly
1073 printed or written on it.
1074 Section 29. Section 4-17-6 is amended to read:
1075 4-17-6. Weed control supervisor -- Qualification -- Appointment -- Duties.
1076 (1) (a) Each commission may employ one or more weed control supervisors qualified
1077 to:
1078 (i) detect and treat noxious weeds; and [to]
1079 (ii) direct the weed control program for the county weed board.
1080 (b) A person may be a weed control supervisor for more than one county weed board.
1081 (c) Terms and conditions of employment shall be prescribed by the commission. [It is

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- 36 - 1082 the duty of every]
1083 (2) A supervisor, under the direction of the local county weed control board, [to] shall:
1084 (a) examine all land under the jurisdiction of the county weed control board to
1085 determine whether this chapter and the [regulations of the commissioner] rules adopted by the
1086 department have been met[, to];
1087 (b) compile data on infested areas[, to];
1088 (c) consult and advise upon matters pertaining to the best and most practical method of
1089 noxious weed control and prevention[, to];
1090 (d) render assistance and direction for the most effective control and prevention[, to];
1091 (e) investigate violations of this chapter[, to];
1092 (f) enforce noxious weed controls within the county[, and to]; and
1093 (g) perform any other duties required by the county weed control board.
1094 Section 30. Section 4-18-1 is amended to read:
1095 CHAPTER 18. CONSERVATION COMMISSION ACT
1096 4-18-1. Title.
1097 This chapter [shall be] is known [and may be cited] as the "[Soil] Conservation
1098 Commission Act."
1099 Section 31. Section 4-18-3 is amended to read:
1100 4-18-3. Definitions.
1101 As used in this chapter:
1102 (1) "Alternate" means a substitute for a district supervisor if the district supervisor
1103 cannot attend a meeting.
1104 (2) (a) "Animal feeding operation" means a facility where animals, other than aquatic
1105 animals, are stabled or confined and fed or maintained for a total of 45 days or more in any
1106 12-month period. [Animals are not considered to be stabled or confined when they are]
1107 (b) "Animal feeding operation" does not include an operation where animals are in
1108 areas such as pastures or rangeland that sustain crops or forage growth during the entire time
1109 the animals are present.
1110 (3) "Commission" means the [Soil] Conservation Commission created [by this chapter]
1111 in Section 4-18-4 .
1112 (4) "Comprehensive nutrient management plan" means a plan that identifies actions or

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priorities that will be followed to meet clearly defined nutrient management goals at an animal
1114 feeding operation.
1115 (5) "District" or "[soil] conservation district" means a governmental subdivision of this
1116 state organized under [Section 17A-3-801 ] Title 17A, Chapter 3, Part 8, Conservation Districts.
1117 Section 32. Section 4-18-4 is amended to read:
1118 4-18-4. Conservation Commission created -- Composition -- Appointment --
1119 Terms -- Compensation -- Attorney general to provide legal assistance.
1120 (1) There is [established, to serve as an agency of the state and functioning] created
1121 within the [Department of Agriculture and Food] department the [Soil] Conservation
1122 Commission to perform the functions specified in this chapter.
1123 (2) The [Soil] Conservation Commission shall be comprised of H. [ 12 ] 15 .H
1123a members [as
1124 follows], including:
1125 (a) the director of the Extension Service at Utah State University[,] or [his] the
1126 director's designee;
1127 (b) the president of the Utah Association of [Soil] Conservation Districts[,] or [his] the
1128 president's designee;
1129 (c) the commissioner[,] or [his] the commissioner's designee;
1130 (d) the executive director of the Department of Natural Resources[,] or [his] the
1131 executive director's designee;
1132 (e) the executive director of the Department of Environmental Quality[,] or [his] the
1133 executive director's designee; H. [ and ]
1133a (f) the chair and the vice chair of the State Grazing Advisory Board created in
1133b Section 4-20-1.5;
1133c (g) the president of the County Weed Supervisors Association; and
1134 [ (f) ] (h) .H seven district supervisors who provide district representation on the
1134a commission on
1135 a multicounty basis.
1136 (3) If a district supervisor is unable to attend a meeting, an alternate may serve in [his
1137 place] the place of the district supervisor for that meeting.
1138 (4) The members of the commission specified in Subsection (2)(f) shall:
1139 (a) be recommended by the commission to the governor; and
1140 (b) be appointed by the governor with the consent of the Senate.
1141 (5) (a) Except as required by Subsection (5)(b), as terms of current commission
1142 members expire, the governor shall appoint each new member or reappointed member to a
1143 four-year term.

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- 38 - 1144 (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
1145 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1146 commission members are staggered so that approximately half of the commission is appointed
1147 every two years.
1148 (6) When a vacancy occurs in the membership for any reason, the replacement shall be
1149 appointed for the unexpired term.
1150 (7) The commissioner is chair of the commission.
1151 (8) Attendance of a majority of the commission members at a meeting constitutes a
1152 quorum.
1153 (9) (a) (i) [Members] A member who [are] is not a government [employees shall]
1154 employee may not receive [no] compensation or benefits for [their services] the member's
1155 service, but may receive per diem and expenses incurred in the performance of the member's
1156 official duties at the rates established by the Division of Finance under Sections 63A-3-106 and
1157 63A-3-107 .
1158 (ii) [Members] A member may decline to receive per diem and expenses for [their] the
1159 member's service.
1160 (b) (i) [State] A state government officer and employee [members] member who [do]
1161 does not receive salary, per diem, or expenses from [their] the agency the member represents
1162 for [their] the member's service may receive per diem and expenses incurred in the
1163 performance of [their] the member's official duties [from the commission] at the rates
1164 established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
1165 (ii) [State] A state government officer and employee [members] member may decline
1166 to receive per diem and expenses for [their] the member's service.
1167 (c) (i) [Higher] A higher education [members] member who [do] does not receive
1168 salary, per diem, or expenses from the entity that [they represent] the member represents for
1169 [their] the member's service may receive per diem and expenses incurred in the performance of
1170 [their] the member's official duties from the committee at the rates established by the Division
1171 of Finance under Sections 63A-3-106 and 63A-3-107 .
1172 (ii) [Higher] A higher education [members] member may decline to receive per diem
1173 and expenses for [their] the member's service.
1174 (d) (i) [Local] A local government [members] member who [do] does not receive

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- 39 - 1175 salary, per diem, or expenses from the entity that [they represent] the member represents for
1176 [their] the member's service may receive per diem and expenses incurred in the performance of
1177 [their] the member's official duties at the rates established by the Division of Finance under
1178 Sections 63A-3-106 and 63A-3-107 .
1179 (ii) [Local] A local government [members] member may decline to receive per diem
1180 and expenses for [their] the member's service.
1181 (10) The commission shall keep a record of its actions.
1182 (11) The attorney general shall provide legal services to the commission upon request.
1183 Section 33. Section 4-18-5 is amended to read:
1184 4-18-5. Conservation commission -- Functions and duties.
1185 (1) The commission shall:
1186 (a) facilitate the development and implementation of the strategies and programs
1187 necessary to protect, conserve, utilize, and develop the soil and water resources of the state;
1188 (b) disseminate information regarding districts' activities and programs;
1189 (c) supervise the formation, reorganization, or dissolution of districts [pursuant]
1190 according to the requirements of Title 17A, Chapter 3, Part 8, Conservation Districts;
1191 (d) prescribe uniform accounting and recordkeeping procedures for districts and
1192 require each district to submit annually an audit of its funds to the commission;
1193 (e) approve and make loans for agricultural purposes, from the Agriculture Resource
1194 Development Fund for [the following]:
1195 (i) nonfederal rangeland improvement and management projects;
1196 (ii) watershed protection and flood prevention projects;
1197 (iii) agricultural cropland soil and water conservation projects; and
1198 (iv) programs designed to promote energy efficient farming practices;
1199 (f) administer federal or state funds in accordance with applicable federal or state
1200 guidelines and make loans or grants from those funds to land occupiers for the conservation of
1201 soil or water resources;
1202 (g) seek to coordinate soil and water protection, conservation, and development
1203 activities and programs of state agencies, local governmental units, other states, special interest
1204 groups, and federal agencies; and
1205 (h) plan watershed and flood control projects in cooperation with appropriate local,

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- 40 - 1206 state, and federal authorities and coordinate flood control projects in the state.
1207 (2) The commission may:
1208 (a) employ, with the approval of the department, an administrator and necessary
1209 technical experts and employees;
1210 (b) execute contracts or other instruments necessary to exercise its powers;
1211 (c) sue and be sued; and
1212 (d) adopt rules, in accordance with Title 63, Chapter 46a, Utah Administrative
1213 Rulemaking Act, necessary to carry out the powers and duties specified in Subsections (1)(d),
1214 (e), (f), and (2)(b).
1215 Section 34. Section 4-18-6 is amended to read:
1216 4-18-6. Agriculture Resource Development Fund -- Contents -- Use of fund
1217 monies.
1218 (1) There is created a revolving loan fund known as the Agriculture Resource
1219 Development Fund.
1220 (2) The Agriculture Resource Development Fund shall consist of:
1221 (a) money appropriated to it by the Legislature;
1222 (b) sales and use tax receipts transferred to the fund pursuant to Section 59-12-103 ;
1223 (c) money received for the repayment of loans made from the fund;
1224 (d) money made available to the state for agriculture resource development from any
1225 source; and
1226 (e) interest earned on the fund.
1227 (3) The commission shall make loans from the Agriculture Resource Development
1228 Fund as provided by Section 4-18-5 .
1229 [(4) For fiscal year 2003-04 only, up to $500,000 in the Agriculture Resource
1230 Development Fund may be appropriated by the Legislature to the Utah Rural Rehabilitation
1231 Fund created in Section 4-19-4 .]
1232 Section 35. Section 4-19-1 is amended to read:
1233 4-19-1. Department responsible for conduct and administration of rural
1234 rehabilitation program.
1235 The department [through its Agricultural Development Division is responsible for the]
1236 shall conduct and [administration of] administer the rural rehabilitation program within the

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- 41 - 1237 state in accordance with [that certain use] the agreement entered into in January 1975, between
1238 the United States of America through its Farm Home Administration and the state [of Utah]
1239 through its commissioner [of agriculture and food].
1240 Section 36. Section 4-19-2 is amended to read:
1241 4-19-2. Department authorized to approve and make loans, acquire property, or
1242 lease or operate property.
1243 The [Division of Agricultural Development] department, in conjunction with the
1244 administration of the rural rehabilitation program [is authorized to], may:
1245 (1) (a) approve and make farm loans subject to Section 4-19-3 , [take] including:
1246 (i) taking security for [such] the loans through mortgages, trust deeds, pledges, or other
1247 security devices; [purchase]
1248 (ii) purchasing promissory notes, real estate contracts, mortgages, trust deeds, or other
1249 instruments or evidences of indebtedness; and [collect, compromise, cancel, or adjust]
1250 (iii) collecting, compromising, canceling, or adjusting claims and obligations arising
1251 out of the administration of the rural rehabilitation program;
1252 (2) purchase or otherwise obtain property in which the division has acquired an interest
1253 on account of any mortgage, trust deed, lien, pledge, assignment, judgment, or other means at
1254 any execution or foreclosure sale; and
1255 (3) operate or lease, if necessary to protect its investment, any property in which it has
1256 an interest or sell or otherwise dispose of [such] the property.
1257 Section 37. Section 4-19-3 is amended to read:
1258 4-19-3. Loans -- Not to exceed period of ten years -- Agricultural Advisory Board
1259 to approve loans and renewals, methods of payments, and interest rates -- Guidelines in
1260 fixing interest rates declared.
1261 [No loan shall be made] (1) The department may not make a loan authorized under this
1262 chapter for a period to exceed ten years but [any such a] the loan is renewable.
1263 (2) The Agricultural Advisory Board shall approve:
1264 (a) all loans and renewals[,];
1265 (b) the methods of repayment[,]; and
1266 (c) the interest rates charged.
1267 (3) In fixing interest rates, the Agricultural Advisory Board shall consider:

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- 42 - 1268 (a) the current applicable interest rate or rates being charged by the [Farm Home
1269 Administration] USDA Farm Service Agency on similar loans[,];
1270 (b) the current prime rate charged by leading lending institutions[,]; and
1271 (c) any other pertinent economic data.
1272 (4) The interest rates established shall be compatible with guidelines stated in this
1273 section.
1274 Section 38. Section 4-19-4 is amended to read:
1275 4-19-4. Utah Rural Rehabilitation Fund created -- State treasurer to maintain
1276 fund -- Income from rural rehabilitation program to be deposited in fund.
1277 [All] (1) The department shall deposit all income generated from the administration of
1278 the rural rehabilitation program [shall be deposited] in a separate fund known as the "Utah
1279 Rural Rehabilitation Fund."
1280 (2) The state treasurer shall maintain the Utah Rural Rehabilitation Fund and record all
1281 debits and credits made to the fund by the [division] department.
1282 Section 39. Section 4-20-1.5 is amended to read:
1283 4-20-1.5. State Grazing Advisory Board -- Duties.
1284 (1) (a) There is created within the department the State Grazing Advisory Board.
1285 (b) The commissioner shall appoint the following members:
1286 (i) one member from each regional board;
1287 (ii) one member from the [Soil] Conservation Commission created in Section 4-18-4 ;
1288 (iii) one representative of the Department of Natural Resources;
1289 (iv) two livestock producers at-large; and
1290 (v) one representative of the oil, gas, or mining industry.
1291 (2) The term of office for a state board member is four years.
1292 (3) Members of the state board shall elect a chair, who shall serve for two years.
1293 (4) (a) (i) [Members] A member who [are] is not a government [employees of the state
1294 or local government shall] employee may not receive [no] compensation or benefits for [their
1295 services] the member's service, but may receive per diem and expenses incurred in the
1296 performance of the member's official duties at the rates established by the Division of Finance
1297 under Sections 63A-3-106 and 63A-3-107 .
1298 (ii) [Members] A member may decline to receive per diem and expenses for [their] the

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- 43 - 1299 member's service.
1300 (b) (i) [State] A state government officer and employee [members] member who [do]
1301 does not receive salary, per diem, or expenses from [their] the agency the member represents
1302 for [their] the member's service may receive per diem and expenses incurred in the
1303 performance of [their] the member's official duties [from the board] at the rates established by
1304 the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
1305 (ii) [State] A state government officer and employee [members] member may decline
1306 to receive per diem and expenses for [their] the member's service.
1307 (c) (i) [Local] A local government [members] member who [do] does not receive
1308 salary, per diem, or expenses from the entity that [they represent] the member represents for
1309 [their] the member's service may receive per diem and expenses incurred in the performance of
1310 [their] the member's official duties at the rates established by the Division of Finance under
1311 Sections 63A-3-106 and 63A-3-107 .
1312 (ii) [Local] A local government [members] member may decline to receive per diem
1313 and expenses for [their] the member's service.
1314 (5) The state board shall:
1315 (a) receive:
1316 (i) advice and recommendations from a regional board concerning:
1317 (A) management plans for public lands, state lands, and school and institutional trust
1318 lands as defined in Section 53C-1-103 , within the regional board's region; and
1319 (B) any issue that impacts grazing on private lands, public lands, state lands, or school
1320 and institutional trust lands as defined in Section 53C-1-103 , in its region; and
1321 (ii) requests for fund monies from the entities described in Subsections (5)(c)(i)
1322 through (iv);
1323 (b) recommend state policy positions and cooperative agency participation in federal
1324 and state land management plans to the department and to the Public Lands Policy
1325 Coordinating Office created under Section 63-38d-602 ; and
1326 (c) advise the department on the requests and recommendations of:
1327 (i) regional boards;
1328 (ii) county weed control boards created under Section 4-17-4 ;
1329 (iii) cooperative weed management associations; and

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- 44 - 1330 (iv) [soil] conservation districts created under the authority of Title 17A, Chapter 3,
1331 Part 8, [Soil] Conservation Districts.
1332 Section 40. Section 4-20-1.6 is amended to read:
1333 4-20-1.6. Regional Grazing Advisory Boards -- Duties.
1334 (1) The commissioner shall appoint members to a regional board for each grazing
1335 district from nominations submitted by:
1336 (a) the Utah Cattlemen's Association;
1337 (b) the Utah Woolgrower's Association;
1338 (c) the Utah Farm Bureau Federation; and
1339 (d) a [soil] conservation district, if the [soil] conservation district's boundaries include
1340 some portion of the grazing district.
1341 (2) Regional boards:
1342 (a) shall provide advice and recommendations to the state board; and
1343 (b) may receive monies from the Rangeland Improvement Fund created in Section
1344 4-20-2 .
1345 Section 41. Section 4-30-6 is amended to read:
1346 4-30-6. Livestock Market Committee -- Guidelines delineated for decision on
1347 application.
1348 (1) The Livestock Market Committee in determining whether to recommend approval
1349 or denial of the application shall consider:
1350 [(1)] (a) the applicant's proven or potential ability to comply with the Packers and
1351 Stockyards Act, 7 U.S.C. Sec. 221 through 229b;
1352 [(2)] (b) the financial stability, business integrity, and fiduciary responsibility of the
1353 applicant;
1354 [(3)] (c) the livestock marketing benefits which potentially will be derived from the
1355 establishment and operation of the public livestock market proposed;
1356 [(4)] (d) the need for livestock market services in the trade area proposed;
1357 [(5)] (e) the adequacy of the livestock market location and facilities proposed in the
1358 application, including facilities for health inspection and testing;
1359 [(6)] (f) whether the operation of the proposed livestock market is likely to be
1360 permanent; and

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- 45 - 1361 [(7)] (g) the economic feasibility of the proposed livestock market based on competent
1362 evidence.
1363 (2) Any interested person may appear at the hearing on the application and give an
1364 opinion or present evidence either for or against granting the application.
1365 Section 42. Section 4-31-3 is amended to read:
1366 4-31-3. Appraisal of fair market value before destruction.
1367 (1) Before any livestock or property is condemned and destroyed, an appraisal of the
1368 fair market value of the livestock or other property shall be forwarded to the commissioner by a
1369 panel of three qualified appraisers appointed as follows:
1370 [(1)] (a) one by the commissioner;
1371 [(2)] (b) one by the owner of the livestock or other property subject to condemnation;
1372 and
1373 [(3)] (c) one by the appraisers specified in [Subsections] this Subsection (1) and
1374 Subsection (2) [of this section].
1375 (2) After review, the commissioner shall forward the appraisal to the board of
1376 examiners together with his recommendation concerning the amount, if any, [which] that
1377 should be allowed.
1378 (3) Any costs incurred in the appraisal shall be paid by the state.
1379 Section 43. Section 4-31-10 is amended to read:
1380 4-31-10. Imported swine -- Quarantine period -- Exceptions to quarantine.
1381 (1) No person shall load swine for shipment to or within this state, except those for
1382 immediate slaughter, until the car is cleaned and disinfected in accordance with departmental
1383 [regulations] rules.
1384 (2) All swine shipped into the state, except those for immediate slaughter, shall, upon
1385 arrival at their final destination in the state, be kept in a clean and disinfected place away from
1386 other swine for a period of 18 days.
1387 (3) The owner or consignee of such swine shall notify the commissioner of the date of
1388 their arrival and the place where they are being held.
1389 Section 44. Section 4-31-13 is amended to read:
1390 4-31-13. Stockyards -- Disinfection.
1391 All stockyards are considered infectious, and all swine and other livestock, except those

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- 46 - 1392 for immediate slaughter, shall be unloaded in chutes in a section of the yards [which] that is
1393 cleaned and disinfected in accordance with departmental [regulations] rules.
1394 Section 45. Section 4-31-16 is amended to read:
1395 4-31-16. Contagious or infectious disease -- Duties of department.
1396 (1) (a) The department shall investigate and may quarantine any reported case of
1397 contagious or infectious disease, or any epidemic, or poisoning affecting domestic animals or
1398 any animal or animals [which] that it believes may jeopardize the health of animals within the
1399 state.
1400 (b) The department shall make a prompt and thorough examination of all
1401 circumstances surrounding the disease, epidemic, or poisoning and may order quarantine, care,
1402 or any necessary remedies.
1403 (c) The department may also order immunization or testing and sanitary measures to
1404 prevent the spread of disease.
1405 (d) Investigations involving fish or wildlife shall be conducted under a cooperative
1406 agreement with the Division of Wildlife Resources.
1407 (2) (a) If the owner or person in possession of such animals, after written notice from
1408 the department, fails to take the action ordered, the commissioner is authorized to seize and
1409 hold the animals and take action necessary to prevent the spread of disease, including but not
1410 limited to: immunization; testing; dipping; or spraying.
1411 (b) Animals seized for testing or treatment under this section shall be sold by the
1412 commissioner at public sale to reimburse the department for all costs incurred in the seizure,
1413 testing, treatment, maintenance, and sale of such animals unless the owner sooner tenders
1414 payment for the costs incurred by the department.
1415 (c) (i) No seized animal shall be sold, however, until the owner or person in possession
1416 is served with a notice specifying the itemized costs incurred by the department and the time,
1417 place, and purpose of sale and the number of animals to be sold.
1418 (ii) The notice shall be served at least three days in advance of sale in the manner:
1419 [(1)] (A) prescribed for personal service in Rule 4[(e)](d)(1), Utah Rules of Civil
1420 Procedure; or
1421 [(2)] (B) if the owner cannot be found after due diligence, in the manner prescribed for
1422 service by publication in Rule 4[(g)](d)(4), Utah Rules of Civil Procedure.

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- 47 - 1423 (3) Any amount realized from the sale of the animals over the total charges shall be
1424 paid to the owner of the animals if the owner is known or can by reasonable diligence be found;
1425 otherwise, the excess shall be paid to the tuberculosis and Bangs Disease Control Account.
1426 Section 46. Section 4-32-3 is amended to read:
1427 4-32-3. Definitions.
1428 As used in this chapter:
1429 (1) "Adulterated" means any livestock product or poultry product [which] that:
1430 (a) bears or contains any poisonous or deleterious substance [which] that may render it
1431 injurious to health, but, if the substance is not an added substance, the livestock product shall
1432 not be considered adulterated under this subsection if the quantity of the substance in or on the
1433 livestock product does not ordinarily render it injurious to health;
1434 (b) bears or contains, by reason of the administration of any substance to the livestock
1435 or poultry or otherwise, any added poisonous or added deleterious substance which in the
1436 judgment of the commissioner makes the livestock product unfit for human food;
1437 (c) contains, in whole or in part, a raw agricultural commodity and such commodity
1438 bears or contains a pesticide chemical [which] that is unsafe within the meaning of [Section
1439 408 of the Federal Food, Drug and Cosmetic Act] 21 U.S.C. Sec. 346a;
1440 (d) bears or contains any food additive [which] that is unsafe within the meaning of
1441 [Section 409 of the Federal Food, Drug and Cosmetic Act] 21 U.S.C. Sec. 348;
1442 (e) bears or contains any color additive [which] that is unsafe within the meaning of
1443 [Section 721, Federal Food, Drug and Cosmetic Act,] 21 U.S.C. [Section] Sec. 379e; provided,
1444 that a livestock product which is not otherwise [deemed] considered adulterated under
1445 Subsections (1)(c), (d), or (e) of this section shall nevertheless be [deemed] considered
1446 adulterated if use of the pesticide chemical, food additive, or color additive is prohibited in
1447 official establishments by [regulations of the commissioner] rules of the department;
1448 (f) consists, in whole or in part, of any filthy, putrid, or decomposed substance or is for
1449 any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;
1450 (g) has been prepared, packaged, or held under unsanitary conditions if it may have
1451 become contaminated with filth, or if it may have been rendered injurious to health;
1452 (h) is in whole or in part the product of an animal [which] that has died otherwise than
1453 by slaughter;

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- 48 - 1454 (i) is contained in a container [which] that is composed, in whole or in part, of any
1455 poisonous or deleterious substance [which] that may render the meat product injurious to
1456 health;
1457 (j) has been intentionally subjected to radiation, unless the use of the radiation was in
1458 conformity with a regulation or exemption in effect pursuant to [Section 409 of the Federal
1459 Food, Drug and Cosmetic Act] 21 U.S.C. Sec. 348;
1460 (k) has a valuable constituent in whole or in part omitted, abstracted, or substituted; or
1461 if damage or inferiority is concealed in any manner; or if any substance has been added, mixed,
1462 or packed with the meat product to increase its bulk or weight, or reduce its quality or strength,
1463 or to make it appear better or of greater value; or
1464 (l) is margarine containing animal fat and any of the raw material used in the margarine
1465 consists in whole or in part of any filthy, putrid, or decomposed substance.
1466 (2) "Animal food manufacturer" means any person engaged in the business of
1467 preparing animal food derived from livestock carcasses or parts or products of such carcasses.
1468 (3) "Broker" means any person engaged in the business of buying or selling livestock
1469 or livestock products on commission, or otherwise negotiating purchases or sales of livestock
1470 or livestock products other than for such person's own account.
1471 (4) "Capable of use as human food" means any livestock carcass, or part or product of
1472 a carcass, unless it is denatured or otherwise identified as required by [regulations] rules of the
1473 department to deter its use as human food, or unless it is naturally inedible by humans.
1474 (5) "Container" or "package" means any box, can, tin, cloth, plastic, or other receptacle,
1475 wrapper, or cover.
1476 (6) "Director of meat inspection" means a licensed graduate veterinarian whose duties
1477 and responsibilities are specified by the commissioner.
1478 (7) "Domesticated elk" shall have the meaning as defined in Section 4-39-102 .
1479 (8) "Farm custom slaughter" means custom slaughtering of livestock or poultry for an
1480 owner without inspection.
1481 (9) "Farm custom slaughter permit" means a permit issued by the department to allow
1482 farm custom slaughter.
1483 (10) "Farm custom slaughter tag" means