H.B. 216 Enrolled

AGRICULTURE ACT AMENDMENTS
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Evan L. Olsen
AN ACT RELATING TO THE UTAH AGRICULTURAL CODE; DEFINING DIETARY
SUPPLEMENT; EXPANDING THE MEMBERSHIP OF THE AGRICULTURAL ADVISORY
BOARD TO INCLUDE A REPRESENTATIVE OF MANUFACTURERS OF DIETARY
SUPPLEMENTS; AND DIRECTING THE COMMISSIONER OF AGRICULTURE AND FOOD
TO APPOINT THE MEMBERS OF THE AGRICULTURAL ADVISORY BOARD.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
4-1-8, as last amended by Chapters 82 and 302, Laws of Utah 1997
4-2-7, as last amended by Chapter 243, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 4-1-8 is amended to read:
4-1-8. General definitions.
Subject to additional definitions contained in the chapters of this title which are applicable
to specific chapters, as used in this title:
(1) "Agriculture" means the science and art of the production of plants and animals useful
to man including the preparation of plants and animals for human use and disposal by marketing
or otherwise.
(2) "Agricultural product" or "product of agriculture" means any product which is derived
from agriculture, including any product derived from aquaculture as defined in Section 4-37-103 .
(3) "Commissioner" means the commissioner of agriculture and food.
(4) "Department" means the Department of Agriculture and Food created under Title 4,
Chapter 2.
(5) "Dietary supplement" has the meaning defined in the Federal Food, Drug, and
Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
[(5)] (6) "Livestock" means cattle, sheep, goats, swine, horses, mules, poultry,

domesticated elk as defined in Section 4-39-102 , or any other domestic animal or domestic furbearer
raised or kept for profit.
[(6)] (7) "Organization" means a corporation, government or governmental subdivision or
agency, business trust, estate, trust, partnership, association, two or more persons having a joint or
common interest, or any other legal entity.
[(7)] (8) "Person" means a natural person or individual, corporation, organization, or other
legal entity.
Section 2. Section 4-2-7 is amended to read:
4-2-7. Agricultural Advisory Board created -- Composition -- Responsibility -- Terms
of office -- Compensation.
(1) There is created [an] the Agricultural Advisory Board composed of [11] 12 members
representing each of the following:
(a) Utah Farm Bureau Federation;
(b) Utah Farmers Union;
(c) Utah Cattlemen's Association;
(d) Utah Wool Growers' Association;
(e) Utah Dairymen's Association;
(f) Utah Veterinary Medical Association;
(g) Livestock Auction Marketing Association;
(h) Utah Association of Conservation Districts;
(i) the Utah horse industry;
(j) the food processing industry; [and]
(k) manufacturers of food supplements; and
[(k)] (l) a consumer affairs group.
(2) The Agricultural Advisory Board shall advise the commissioner regarding the planning,
implementation, and administration of the department's programs.
(3) (a) Except as required by Subsection (3)(c), members are appointed by the commissioner
to four-year terms of office.

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(b) Representatives of the organizations cited in Subsections (1)(a) through (1)(h) shall be
appointed to the Agricultural Advisory Board by the [governor] commissioner from a list of
nominees submitted by each organization.
[(b) Representatives of the groups cited in Subsections (1)(i) through (1)(k) shall be
appointed to the Agricultural Advisory Board by the governor from a list of nominees submitted by
the commissioner.]
[(4) (a) Except as required by Subsection (b), members are appointed to four-year terms of
office.]
[(b)] (c) Notwithstanding the requirements of Subsection (3)(a), the [governor]
commissioner shall, at the time of appointment or reappointment, adjust the length of terms to ensure
that the terms of board members are staggered so that approximately half of the board is appointed
every two years.
[(c)] (d) Members may be removed at the discretion of the [governor] commissioner upon
the request of the group they represent.
[(5)] (e) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
[(6)] (4) The board shall elect one member to serve as chair of the Agricultural Advisory
Board for a term of one year.
[(7)] (5) (a) The board shall meet four times annually, but may meet more often at the
discretion of the chair.
(b) Attendance of [six] seven members at a duly called meeting constitutes a quorum for the
transaction of official business.
[(8)] (6) (a) Members shall receive no compensation or benefits for their services, but may
receive per diem and expenses incurred in the performance of the member's official duties at the
rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(b) Members may decline to receive per diem and expenses for their service.

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