1     
UTAH AGRICULTURE CODE AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lee B. Perry

5     
Senate Sponsor: Margaret Dayton

6     

7     LONG TITLE
8     General Description:
9          This bill recodifies and modifies Title 4, Utah Agricultural Code.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies definitions;
13          ▸     states that the Department of Agriculture and Food may contract for services and
14     accept and administer grants;
15          ▸     modifies the duties of the state veterinarian;
16          ▸     states that the Department of Agriculture and Food may require labels on certain
17     products;
18          ▸     states that the Department of Agriculture and Food may make rules in regard to
19     "Utah's Own," a program dedicated to the promotion of locally produced products
20     of agriculture;
21          ▸     authorizes the Department of Agriculture and Food to deny, revoke, or suspend a
22     pesticide applicator license;
23          ▸     modifies the membership of the State Weed Committee;
24          ▸     authorizes the Agricultural Advisory Board to create a subcommittee;
25          ▸     states that the owner of a bull that has not been tested for trichomoniasis may be
26     fined $1,000 per bull;
27          ▸     states that a person who owns or possesses an infected animal may be liable for
28     damages inflicted by the animal;
29          ▸     modifies the length of time a domesticated elk facility shall maintain its records;

30          ▸     authorizes the Department of Agriculture and Food to set a fee for the application of
31     an industrial hemp certificate;
32          ▸     strikes outdated language; and
33          ▸     makes technical and conforming changes.
34     Money Appropriated in this Bill:
35          None
36     Other Special Clauses:
37          This bill provides a special effective date.
38          This bill provides coordination clauses.
39     Utah Code Sections Affected:
40     AMENDS:
41          4-2-401, as enacted by Laws of Utah 2014, Chapter 41
42          4-2-402, as last amended by Laws of Utah 2016, Chapter 18
43          4-2-502, as enacted by Laws of Utah 2015, Chapter 128
44          4-2-503, as enacted by Laws of Utah 2015, Chapter 128
45          4-2-504, as enacted by Laws of Utah 2015, Chapter 128
46          4-12-4, as last amended by Laws of Utah 1985, Chapter 130
47          4-18-102, as last amended by Laws of Utah 2014, Chapter 383
48          4-18-104, as renumbered and amended by Laws of Utah 2013, Chapter 227
49          4-18-105, as last amended by Laws of Utah 2016, Chapter 19
50          4-18-106, as last amended by Laws of Utah 2016, Chapter 19
51          4-18-107, as last amended by Laws of Utah 2014, Chapter 383
52          4-18-108, as renumbered and amended by Laws of Utah 2014, Chapters 189 and 383
53          4-26-101, as renumbered and amended by Laws of Utah 2012, Chapter 331
54          4-26-102, as renumbered and amended by Laws of Utah 2012, Chapter 331
55          4-26-104, as enacted by Laws of Utah 2016, Chapter 18
56          4-31-105, as renumbered and amended by Laws of Utah 2012, Chapter 331
57          4-31-106, as renumbered and amended by Laws of Utah 2012, Chapter 331

58          4-31-107, as renumbered and amended by Laws of Utah 2012, Chapter 331
59          4-31-108, as renumbered and amended by Laws of Utah 2012, Chapter 331
60          4-31-109.1, as enacted by Laws of Utah 2015, Chapter 414
61          4-31-113, as renumbered and amended by Laws of Utah 2012, Chapter 331
62          4-31-114, as renumbered and amended by Laws of Utah 2012, Chapter 331
63          4-31-115, as renumbered and amended by Laws of Utah 2012, Chapter 331
64          4-31-116, as renumbered and amended by Laws of Utah 2012, Chapter 331
65          4-39-102, as enacted by Laws of Utah 1997, Chapter 302
66          4-39-104, as last amended by Laws of Utah 2016, Chapter 19
67          4-39-107, as enacted by Laws of Utah 1997, Chapter 302
68          4-39-108, as enacted by Laws of Utah 1997, Chapter 302
69          4-39-201, as last amended by Laws of Utah 2010, Chapter 378
70          4-39-202, as enacted by Laws of Utah 1997, Chapter 302
71          4-39-203, as last amended by Laws of Utah 2009, Chapter 183
72          4-39-205, as last amended by Laws of Utah 2010, Chapter 378
73          4-39-206, as last amended by Laws of Utah 2010, Chapter 378
74          4-39-207, as enacted by Laws of Utah 1997, Chapter 302
75          4-39-301, as enacted by Laws of Utah 1997, Chapter 302
76          4-39-304, as last amended by Laws of Utah 2010, Chapter 378
77          4-39-305, as last amended by Laws of Utah 2010, Chapter 378
78          4-39-306, as last amended by Laws of Utah 2010, Chapter 378
79          4-39-401, as last amended by Laws of Utah 2014, Chapter 189
80          4-39-402, as enacted by Laws of Utah 1997, Chapter 302
81          4-40-102, as renumbered and amended by Laws of Utah 2011, Chapter 124
82          4-41-103, as enacted by Laws of Utah 2014, Chapter 25
83          10-8-85.8, as enacted by Laws of Utah 2007, Chapter 146
84          11-38-302, as last amended by Laws of Utah 2009, Chapters 344 and 368
85          17-50-323, as enacted by Laws of Utah 2007, Chapter 146

86          17D-3-102, as last amended by Laws of Utah 2013, Chapter 227
87          23-13-19, as enacted by Laws of Utah 2009, Chapter 308
88          23-24-1, as last amended by Laws of Utah 2011, Chapter 297
89          26-15-1, as last amended by Laws of Utah 2007, Chapter 146
90          58-37c-19.5, as last amended by Laws of Utah 2013, Chapters 262 and 413
91          63A-3-205, as last amended by Laws of Utah 2014, Chapter 227
92          63B-1b-102, as last amended by Laws of Utah 2014, Chapter 227
93          63B-1b-202, as last amended by Laws of Utah 2014, Chapters 203 and 227
94          63E-1-102, as last amended by Laws of Utah 2015, Chapters 223, 226, 283, and 411
95          63I-4a-102, as last amended by Laws of Utah 2015, Chapters 223, 226, 283, and 411
96          63J-7-102, as last amended by Laws of Utah 2015, Chapters 223, 226, 283, and 411
97          63L-8-403, as enacted by Laws of Utah 2016, Chapter 317
98          72-7-401, as last amended by Laws of Utah 2005, Chapter 2
99          72-9-502, as last amended by Laws of Utah 2008, Chapter 382
100          73-20-2, as last amended by Laws of Utah 1994, Chapter 12
101          76-6-111, as last amended by Laws of Utah 2015, Chapters 172 and 258
102          78B-4-202, as last amended by Laws of Utah 2015, Chapter 258
103     ENACTS:
104          4-2-101, Utah Code Annotated 1953
105          4-3-101, Utah Code Annotated 1953
106          4-9-101, Utah Code Annotated 1953
107          4-18-201, Utah Code Annotated 1953
108          4-19-101, Utah Code Annotated 1953
109          4-20-102, Utah Code Annotated 1953
110          4-22-101, Utah Code Annotated 1953
111          4-25-101, Utah Code Annotated 1953
112          4-30-101, Utah Code Annotated 1953
113          4-34-101, Utah Code Annotated 1953

114     RENUMBERS AND AMENDS:
115          4-1-101, (Renumbered from 4-1-1, as enacted by Laws of Utah 1979, Chapter 2)
116          4-1-102, (Renumbered from 4-1-2, as enacted by Laws of Utah 1979, Chapter 2)
117          4-1-103, (Renumbered from 4-1-3, as enacted by Laws of Utah 1979, Chapter 2)
118          4-1-104, (Renumbered from 4-1-3.5, as last amended by Laws of Utah 2008, Chapter
119     382)
120          4-1-105, (Renumbered from 4-1-4, as last amended by Laws of Utah 2008, Chapter
121     156)
122          4-1-106, (Renumbered from 4-1-5, as last amended by Laws of Utah 1987, Chapter
123     161)
124          4-1-107, (Renumbered from 4-1-6, as last amended by Laws of Utah 1985, Chapter
125     130)
126          4-1-108, (Renumbered from 4-1-7, as last amended by Laws of Utah 2010, Chapter
127     378)
128          4-1-109, (Renumbered from 4-1-8, as last amended by Laws of Utah 2010, Chapter
129     324)
130          4-1-110, (Renumbered from 4-1-9, as enacted by Laws of Utah 2012, Chapter 401)
131          4-2-102, (Renumbered from 4-2-1, as last amended by Laws of Utah 1997, Chapter 82)
132          4-2-103, (Renumbered from 4-2-2, as last amended by Laws of Utah 2011, Chapter
133     383)
134          4-2-104, (Renumbered from 4-2-3, as last amended by Laws of Utah 2002, Chapter
135     176)
136          4-2-105, (Renumbered from 4-2-4, as last amended by Laws of Utah 1987, Chapter 15)
137          4-2-106, (Renumbered from 4-2-5, as enacted by Laws of Utah 1979, Chapter 2)
138          4-2-107, (Renumbered from 4-2-6, as last amended by Laws of Utah 1984, Chapter 67)
139          4-2-108, (Renumbered from 4-2-7, as last amended by Laws of Utah 2016, Chapter 19)
140          4-2-109, (Renumbered from 4-2-8, as last amended by Laws of Utah 2011, Chapter
141     383)

142          4-2-201, (Renumbered from 4-2-9, as last amended by Laws of Utah 1997, Chapters 10
143     and 81)
144          4-2-202, (Renumbered from 4-2-10, as last amended by Laws of Utah 2007, Chapter
145     179)
146          4-2-301, (Renumbered from 4-2-11, as last amended by Laws of Utah 2013, Chapter
147     237)
148          4-2-302, (Renumbered from 4-2-12, as last amended by Laws of Utah 1996, Chapter
149     79)
150          4-2-303, (Renumbered from 4-2-14, as enacted by Laws of Utah 1985, Chapter 104)
151          4-2-304, (Renumbered from 4-2-15, as last amended by Laws of Utah 2010, Chapter
152     378)
153          4-3-102, (Renumbered from 4-3-1, as last amended by Laws of Utah 2015, Chapter
154     112)
155          4-3-201, (Renumbered from 4-3-2, as last amended by Laws of Utah 2008, Chapter
156     382)
157          4-3-202, (Renumbered from 4-3-3, as enacted by Laws of Utah 1979, Chapter 2)
158          4-3-203, (Renumbered from 4-3-4, as last amended by Laws of Utah 2007, Chapter
159     179)
160          4-3-204, (Renumbered from 4-3-5, as enacted by Laws of Utah 1979, Chapter 2)
161          4-3-205, (Renumbered from 4-3-6, as enacted by Laws of Utah 1979, Chapter 2)
162          4-3-206, (Renumbered from 4-3-7, as last amended by Laws of Utah 2007, Chapter
163     179)
164          4-3-301, (Renumbered from 4-3-8, as last amended by Laws of Utah 2007, Chapter
165     179)
166          4-3-302, (Renumbered from 4-3-9, as last amended by Laws of Utah 1987, Chapter
167     161)
168          4-3-401, (Renumbered from 4-3-10, as last amended by Laws of Utah 2015, Chapter
169     112)

170          4-3-402, (Renumbered from 4-3-11, as last amended by Laws of Utah 2001, Chapter
171     87)
172          4-3-403, (Renumbered from 4-3-12, as enacted by Laws of Utah 1979, Chapter 2)
173          4-3-501, (Renumbered from 4-3-1.3, as enacted by Laws of Utah 2015, Chapter 112)
174          4-3-502, (Renumbered from 4-3-13, as last amended by Laws of Utah 2015, Chapter
175     112)
176          4-3-503, (Renumbered from 4-3-14, as last amended by Laws of Utah 2016, Chapter
177     402)
178          4-4-101, (Renumbered from 4-4-1, as enacted by Laws of Utah 1979, Chapter 2)
179          4-4-102, (Renumbered from 4-4-2, as last amended by Laws of Utah 2008, Chapter
180     382)
181          4-4-103, (Renumbered from 4-4-3, as enacted by Laws of Utah 1979, Chapter 2)
182          4-4-104, (Renumbered from 4-4-4, as last amended by Laws of Utah 2007, Chapter
183     179)
184          4-4-105, (Renumbered from 4-4-5, as enacted by Laws of Utah 1979, Chapter 2)
185          4-4-106, (Renumbered from 4-4-6, as enacted by Laws of Utah 1979, Chapter 2)
186          4-5-101, (Renumbered from 4-5-1, as last amended by Laws of Utah 1990, Chapter
187     157)
188          4-5-102, (Renumbered from 4-5-2, as last amended by Laws of Utah 2007, Chapter
189     146)
190          4-5-103, (Renumbered from 4-5-7, as last amended by Laws of Utah 2010, Chapter
191     378)
192          4-5-104, (Renumbered from 4-5-17, as last amended by Laws of Utah 2007, Chapter
193     179)
194          4-5-105, (Renumbered from 4-5-18, as last amended by Laws of Utah 2010, Chapter
195     378)
196          4-5-106, (Renumbered from 4-5-19, as last amended by Laws of Utah 1990, Chapter
197     157)

198          4-5-201, (Renumbered from 4-5-8, as last amended by Laws of Utah 2010, Chapter
199     378)
200          4-5-202, (Renumbered from 4-5-5, as last amended by Laws of Utah 2010, Chapter
201     378)
202          4-5-203, (Renumbered from 4-5-10, as last amended by Laws of Utah 2007, Chapter
203     179)
204          4-5-204, (Renumbered from 4-5-11, as last amended by Laws of Utah 1990, Chapter
205     157)
206          4-5-205, (Renumbered from 4-5-15, as last amended by Laws of Utah 2010, Chapter
207     378)
208          4-5-206, (Renumbered from 4-5-16, as last amended by Laws of Utah 1990, Chapter
209     157)
210          4-5-207, (Renumbered from 4-5-6, as last amended by Laws of Utah 2007, Chapter
211     179)
212          4-5-301, (Renumbered from 4-5-9, as last amended by Laws of Utah 2010, Chapter
213     378)
214          4-5-401, (Renumbered from 4-5-3, as last amended by Laws of Utah 2004, Chapter
215     358)
216          4-5-402, (Renumbered from 4-5-4, as last amended by Laws of Utah 1985, Chapter
217     104)
218          4-5-501, (Renumbered from 4-5-9.5, as last amended by Laws of Utah 2008, Chapter
219     382)
220          4-5-502, (Renumbered from 4-5-20, as enacted by Laws of Utah 2011, Chapter 156)
221          4-7-101, (Renumbered from 4-7-1, as last amended by Laws of Utah 2011, Chapter
222     383)
223          4-7-102, (Renumbered from 4-7-2, as last amended by Laws of Utah 2011, Chapter
224     383)
225          4-7-103, (Renumbered from 4-7-3, as last amended by Laws of Utah 2016, Chapter 18)

226          4-7-104, (Renumbered from 4-7-4, as last amended by Laws of Utah 1990, Chapter 25)
227          4-7-105, (Renumbered from 4-7-5, as last amended by Laws of Utah 2011, Chapter
228     383)
229          4-7-106, (Renumbered from 4-7-6, as last amended by Laws of Utah 1995, Chapter 41)
230          4-7-107, (Renumbered from 4-7-7, as last amended by Laws of Utah 2011, Chapter
231     383)
232          4-7-108, (Renumbered from 4-7-8, as last amended by Laws of Utah 2011, Chapter
233     383)
234          4-7-109, (Renumbered from 4-7-9, as last amended by Laws of Utah 2011, Chapter
235     383)
236          4-7-110, (Renumbered from 4-7-10, as last amended by Laws of Utah 2011, Chapter
237     383)
238          4-7-201, (Renumbered from 4-7-11, as last amended by Laws of Utah 2011, Chapter
239     383)
240          4-7-202, (Renumbered from 4-7-12, as last amended by Laws of Utah 2011, Chapter
241     383)
242          4-7-203, (Renumbered from 4-7-13, as last amended by Laws of Utah 2011, Chapter
243     383)
244          4-7-204, (Renumbered from 4-7-13.5, as enacted by Laws of Utah 1985, Chapter 24)
245          4-7-205, (Renumbered from 4-7-14, as last amended by Laws of Utah 2011, Chapter
246     383)
247          4-8-101, (Renumbered from 4-8-1, as enacted by Laws of Utah 1979, Chapter 2)
248          4-8-102, (Renumbered from 4-8-2, as enacted by Laws of Utah 1979, Chapter 2)
249          4-8-103, (Renumbered from 4-8-3, as enacted by Laws of Utah 1979, Chapter 2)
250          4-8-104, (Renumbered from 4-8-4, as last amended by Laws of Utah 2010, Chapter
251     324)
252          4-8-105, (Renumbered from 4-8-5, as enacted by Laws of Utah 1979, Chapter 2)
253          4-8-106, (Renumbered from 4-8-6, as last amended by Laws of Utah 1987, Chapter

254     161)
255          4-8-107, (Renumbered from 4-8-7, as last amended by Laws of Utah 2007, Chapter
256     179)
257          4-9-102, (Renumbered from 4-9-1, as last amended by Laws of Utah 2004, Chapter
258     358)
259          4-9-103, (Renumbered from 4-9-2, as last amended by Laws of Utah 2008, Chapter
260     382)
261          4-9-104, (Renumbered from 4-9-3, as last amended by Laws of Utah 2004, Chapter
262     358)
263          4-9-105, (Renumbered from 4-9-4, as last amended by Laws of Utah 2004, Chapter
264     358)
265          4-9-106, (Renumbered from 4-9-5, as last amended by Laws of Utah 2004, Chapter
266     358)
267          4-9-107, (Renumbered from 4-9-5.2, as last amended by Laws of Utah 2004, Chapter
268     358)
269          4-9-108, (Renumbered from 4-9-5.3, as last amended by Laws of Utah 2004, Chapter
270     358)
271          4-9-109, (Renumbered from 4-9-5.4, as last amended by Laws of Utah 2004, Chapter
272     358)
273          4-9-110, (Renumbered from 4-9-6, as last amended by Laws of Utah 2004, Chapter
274     358)
275          4-9-111, (Renumbered from 4-9-7, as last amended by Laws of Utah 1990, Chapter
276     157)
277          4-9-112, (Renumbered from 4-9-8, as enacted by Laws of Utah 1979, Chapter 2)
278          4-9-113, (Renumbered from 4-9-9, as last amended by Laws of Utah 1992, Chapter 30)
279          4-9-114, (Renumbered from 4-9-10, as enacted by Laws of Utah 1979, Chapter 2)
280          4-9-115, (Renumbered from 4-9-11, as last amended by Laws of Utah 1985, Chapter
281     19)

282          4-9-116, (Renumbered from 4-9-12, as last amended by Laws of Utah 2004, Chapter
283     358)
284          4-9-117, (Renumbered from 4-9-13, as enacted by Laws of Utah 1979, Chapter 2)
285          4-9-118, (Renumbered from 4-9-15, as last amended by Laws of Utah 2010, Chapter
286     378)
287          4-10-101, (Renumbered from 4-10-1, as enacted by Laws of Utah 1979, Chapter 2)
288          4-10-102, (Renumbered from 4-10-2, as last amended by Laws of Utah 2016, Chapter
289     21)
290          4-10-103, (Renumbered from 4-10-3, as last amended by Laws of Utah 2008, Chapter
291     382)
292          4-10-104, (Renumbered from 4-10-4, as enacted by Laws of Utah 1979, Chapter 2)
293          4-10-105, (Renumbered from 4-10-5, as last amended by Laws of Utah 2016, Chapter
294     21)
295          4-10-106, (Renumbered from 4-10-6, as last amended by Laws of Utah 2016, Chapter
296     21)
297          4-10-107, (Renumbered from 4-10-7, as last amended by Laws of Utah 2016, Chapter
298     21)
299          4-10-108, (Renumbered from 4-10-7.3, as enacted by Laws of Utah 2014, Chapter 411)
300          4-10-109, (Renumbered from 4-10-8, as enacted by Laws of Utah 1979, Chapter 2)
301          4-10-110, (Renumbered from 4-10-9, as enacted by Laws of Utah 1979, Chapter 2)
302          4-10-111, (Renumbered from 4-10-10, as last amended by Laws of Utah 2014, Chapter
303     411)
304          4-10-112, (Renumbered from 4-10-11, as enacted by Laws of Utah 1979, Chapter 2)
305          4-10-113, (Renumbered from 4-10-14, as enacted by Laws of Utah 2016, Chapter 21)
306          4-11-101, (Renumbered from 4-11-1, as enacted by Laws of Utah 1979, Chapter 2)
307          4-11-102, (Renumbered from 4-11-2, as last amended by Laws of Utah 2014, Chapter
308     411)
309          4-11-103, (Renumbered from 4-11-3, as last amended by Laws of Utah 2008, Chapter

310     382)
311          4-11-104, (Renumbered from 4-11-4, as last amended by Laws of Utah 2010, Chapter
312     73)
313          4-11-105, (Renumbered from 4-11-5, as last amended by Laws of Utah 2016, Chapter
314     348)
315          4-11-106, (Renumbered from 4-11-6, as last amended by Laws of Utah 2010, Chapter
316     73)
317          4-11-107, (Renumbered from 4-11-7, as last amended by Laws of Utah 2015, Chapter
318     414)
319          4-11-108, (Renumbered from 4-11-8, as last amended by Laws of Utah 2010, Chapter
320     73)
321          4-11-109, (Renumbered from 4-11-9, as last amended by Laws of Utah 2010, Chapter
322     73)
323          4-11-110, (Renumbered from 4-11-10, as last amended by Laws of Utah 2010, Chapter
324     73)
325          4-11-111, (Renumbered from 4-11-11, as last amended by Laws of Utah 2010, Chapter
326     73)
327          4-11-112, (Renumbered from 4-11-12, as last amended by Laws of Utah 2010, Chapter
328     73)
329          4-11-113, (Renumbered from 4-11-13, as last amended by Laws of Utah 2010, Chapter
330     73)
331          4-11-114, (Renumbered from 4-11-14, as last amended by Laws of Utah 2010, Chapter
332     73)
333          4-11-115, (Renumbered from 4-11-17, as enacted by Laws of Utah 2010, Chapter 73)
334          4-13-101, (Renumbered from 4-13-1, as enacted by Laws of Utah 1979, Chapter 2)
335          4-13-102, (Renumbered from 4-13-2, as last amended by Laws of Utah 2007, Chapter
336     179)
337          4-13-103, (Renumbered from 4-13-3, as last amended by Laws of Utah 1997, Chapter

338     81)
339          4-13-104, (Renumbered from 4-13-4, as last amended by Laws of Utah 2007, Chapter
340     179)
341          4-13-105, (Renumbered from 4-13-5, as enacted by Laws of Utah 1979, Chapter 2)
342          4-13-106, (Renumbered from 4-13-6, as last amended by Laws of Utah 2007, Chapter
343     179)
344          4-13-107, (Renumbered from 4-13-7, as enacted by Laws of Utah 1979, Chapter 2)
345          4-13-108, (Renumbered from 4-13-8, as enacted by Laws of Utah 1979, Chapter 2)
346          4-13-109, (Renumbered from 4-13-9, as enacted by Laws of Utah 1979, Chapter 2)
347          4-14-101, (Renumbered from 4-14-1, as enacted by Laws of Utah 1979, Chapter 2)
348          4-14-102, (Renumbered from 4-14-2, as last amended by Laws of Utah 2007, Chapter
349     370)
350          4-14-103, (Renumbered from 4-14-3, as last amended by Laws of Utah 2014, Chapter
351     411)
352          4-14-104, (Renumbered from 4-14-4, as last amended by Laws of Utah 1981, Chapter
353     3)
354          4-14-105, (Renumbered from 4-14-5, as enacted by Laws of Utah 1979, Chapter 2)
355          4-14-106, (Renumbered from 4-14-6, as last amended by Laws of Utah 2008, Chapter
356     382)
357          4-14-107, (Renumbered from 4-14-7, as enacted by Laws of Utah 1979, Chapter 2)
358          4-14-108, (Renumbered from 4-14-8, as enacted by Laws of Utah 1979, Chapter 2)
359          4-14-109, (Renumbered from 4-14-9, as last amended by Laws of Utah 2007, Chapters
360     179 and 370)
361          4-14-110, (Renumbered from 4-14-12, as last amended by Laws of Utah 2007, Chapter
362     370)
363          4-14-111, (Renumbered from 4-14-13, as last amended by Laws of Utah 2014, Chapter
364     411)
365          4-15-101, (Renumbered from 4-15-1, as enacted by Laws of Utah 1981, Chapter 126)

366          4-15-102, (Renumbered from 4-15-1.5, as enacted by Laws of Utah 2014, Chapter 411)
367          4-15-103, (Renumbered from 4-15-2, as last amended by Laws of Utah 2014, Chapter
368     411)
369          4-15-104, (Renumbered from 4-15-3, as last amended by Laws of Utah 2008, Chapter
370     382)
371          4-15-105, (Renumbered from 4-15-4, as enacted by Laws of Utah 1981, Chapter 126)
372          4-15-106, (Renumbered from 4-15-5, as last amended by Laws of Utah 2007, Chapter
373     179)
374          4-15-107, (Renumbered from 4-15-6, as last amended by Laws of Utah 2007, Chapter
375     179)
376          4-15-108, (Renumbered from 4-15-7, as last amended by Laws of Utah 2014, Chapter
377     411)
378          4-15-109, (Renumbered from 4-15-8, as enacted by Laws of Utah 1981, Chapter 126)
379          4-15-110, (Renumbered from 4-15-9, as enacted by Laws of Utah 1981, Chapter 126)
380          4-15-111, (Renumbered from 4-15-10, as last amended by Laws of Utah 2010, Chapter
381     378)
382          4-15-112, (Renumbered from 4-15-11, as last amended by Laws of Utah 2014, Chapter
383     411)
384          4-15-113, (Renumbered from 4-15-12, as enacted by Laws of Utah 1981, Chapter 126)
385          4-15-114, (Renumbered from 4-15-14, as enacted by Laws of Utah 2014, Chapter 411)
386          4-16-101, (Renumbered from 4-16-1, as enacted by Laws of Utah 1981, Chapter 126)
387          4-16-102, (Renumbered from 4-16-2, as last amended by Laws of Utah 2010, Chapter
388     324)
389          4-16-103, (Renumbered from 4-16-3, as last amended by Laws of Utah 2008, Chapter
390     382)
391          4-16-201, (Renumbered from 4-16-4, as last amended by Laws of Utah 1999, Chapter
392     237)
393          4-16-202, (Renumbered from 4-16-5, as last amended by Laws of Utah 1997, Chapter

394     81)
395          4-16-203, (Renumbered from 4-16-7, as last amended by Laws of Utah 2010, Chapter
396     324)
397          4-16-301, (Renumbered from 4-16-8, as last amended by Laws of Utah 1997, Chapter
398     81)
399          4-16-302, (Renumbered from 4-16-10, as last amended by Laws of Utah 1997, Chapter
400     81)
401          4-16-303, (Renumbered from 4-16-11, as last amended by Laws of Utah 1997, Chapter
402     81)
403          4-16-401, (Renumbered from 4-16-9, as enacted by Laws of Utah 1981, Chapter 126)
404          4-16-501, (Renumbered from 4-16-6, as last amended by Laws of Utah 1997, Chapter
405     81)
406          4-17-101, (Renumbered from 4-17-1, as enacted by Laws of Utah 1981, Chapter 126)
407          4-17-102, (Renumbered from 4-17-2, as last amended by Laws of Utah 1997, Chapter
408     82)
409          4-17-103, (Renumbered from 4-17-3, as last amended by Laws of Utah 1985, Chapter
410     18)
411          4-17-104, (Renumbered from 4-17-3.5, as last amended by Laws of Utah 2013, Chapter
412     461)
413          4-17-105, (Renumbered from 4-17-4, as last amended by Laws of Utah 1993, Chapter
414     227)
415          4-17-106, (Renumbered from 4-17-4.5, as enacted by Laws of Utah 1985, Chapter 18)
416          4-17-107, (Renumbered from 4-17-5, as last amended by Laws of Utah 1993, Chapter
417     227)
418          4-17-108, (Renumbered from 4-17-6, as last amended by Laws of Utah 2007, Chapter
419     179)
420          4-17-109, (Renumbered from 4-17-7, as last amended by Laws of Utah 2010, Chapter
421     378)

422          4-17-110, (Renumbered from 4-17-8, as last amended by Laws of Utah 1985, Chapter
423     18)
424          4-17-111, (Renumbered from 4-17-8.5, as last amended by Laws of Utah 1993, Chapter
425     227)
426          4-17-112, (Renumbered from 4-17-10, as enacted by Laws of Utah 1985, Chapter 18)
427          4-17-113, (Renumbered from 4-17-11, as enacted by Laws of Utah 1981, Chapter 126)
428          4-17-114, (Renumbered from 4-2-8.7, as last amended by Laws of Utah 2014, Chapter
429     411)
430          4-17-115, (Renumbered from 4-2-8.6, as last amended by Laws of Utah 2014, Chapter
431     411)
432          4-18-202, (Renumbered from 4-2-8.5, as last amended by Laws of Utah 2014, Chapter
433     411)
434          4-19-102, (Renumbered from 4-19-1, as last amended by Laws of Utah 2007, Chapter
435     179)
436          4-19-103, (Renumbered from 4-19-2, as last amended by Laws of Utah 2010, Chapter
437     324)
438          4-19-104, (Renumbered from 4-19-3, as last amended by Laws of Utah 2007, Chapter
439     179)
440          4-19-105, (Renumbered from 4-19-4, as last amended by Laws of Utah 2007, Chapter
441     179)
442          4-20-101, (Renumbered from 4-20-1, as last amended by Laws of Utah 2010, Chapter
443     278)
444          4-20-103, (Renumbered from 4-20-1.5, as last amended by Laws of Utah 2013, Chapter
445     227)
446          4-20-104, (Renumbered from 4-20-1.6, as last amended by Laws of Utah 2011, Chapter
447     336)
448          4-20-105, (Renumbered from 4-20-2, as last amended by Laws of Utah 2011, Chapter
449     303)

450          4-20-106, (Renumbered from 4-20-3, as last amended by Laws of Utah 2014, Chapter
451     189)
452          4-20-107, (Renumbered from 4-20-8, as enacted by Laws of Utah 1979, Chapter 2)
453          4-20-108, (Renumbered from 4-20-9, as enacted by Laws of Utah 1979, Chapter 2)
454          4-20-109, (Renumbered from 4-20-10, as enacted by Laws of Utah 2011, Chapter 383)
455          4-22-102, (Renumbered from 4-22-1, as enacted by Laws of Utah 1979, Chapter 2)
456          4-22-103, (Renumbered from 4-22-2, as last amended by Laws of Utah 1999, Chapter
457     301)
458          4-22-104, (Renumbered from 4-22-3, as last amended by Laws of Utah 2010, Chapters
459     286 and 378)
460          4-22-105, (Renumbered from 4-22-6, as last amended by Laws of Utah 2010, Chapters
461     73 and 378)
462          4-22-106, (Renumbered from 4-22-4, as last amended by Laws of Utah 1981, Chapter
463     4)
464          4-22-107, (Renumbered from 4-22-4.5, as last amended by Laws of Utah 2008, Chapter
465     382)
466          4-22-108, (Renumbered from 4-22-5, as enacted by Laws of Utah 1979, Chapter 2)
467          4-22-201, (Renumbered from 4-22-7, as last amended by Laws of Utah 2005, Chapter
468     173)
469          4-22-202, (Renumbered from 4-22-8, as last amended by Laws of Utah 2004, Chapter
470     128)
471          4-22-203, (Renumbered from 4-22-8.5, as last amended by Laws of Utah 1999, Chapter
472     301)
473          4-22-301, (Renumbered from 4-22-9, as enacted by Laws of Utah 1979, Chapter 2)
474          4-22-302, (Renumbered from 4-22-9.5, as last amended by Laws of Utah 1995, Chapter
475     20)
476          4-22-303, (Renumbered from 4-22-10, as enacted by Laws of Utah 1979, Chapter 2)
477          4-23-101, (Renumbered from 4-23-1, as enacted by Laws of Utah 1979, Chapter 2)

478          4-23-102, (Renumbered from 4-23-2, as enacted by Laws of Utah 1979, Chapter 2)
479          4-23-103, (Renumbered from 4-23-3, as last amended by Laws of Utah 1989, Chapter
480     109)
481          4-23-104, (Renumbered from 4-23-4, as last amended by Laws of Utah 2010, Chapters
482     286 and 324)
483          4-23-105, (Renumbered from 4-23-5, as last amended by Laws of Utah 2010, Chapter
484     378)
485          4-23-106, (Renumbered from 4-23-6, as last amended by Laws of Utah 2010, Chapter
486     378)
487          4-23-107, (Renumbered from 4-23-7, as last amended by Laws of Utah 2010, Chapter
488     73)
489          4-23-108, (Renumbered from 4-23-7.5, as last amended by Laws of Utah 2009, Chapter
490     17)
491          4-23-109, (Renumbered from 4-23-8, as last amended by Laws of Utah 2015, Chapter
492     414)
493          4-23-110, (Renumbered from 4-23-10, as enacted by Laws of Utah 1979, Chapter 2)
494          4-23-111, (Renumbered from 4-23-11, as last amended by Laws of Utah 1997, Chapter
495     82)
496          4-24-101, (Renumbered from 4-24-1, as enacted by Laws of Utah 1979, Chapter 2)
497          4-24-102, (Renumbered from 4-24-2, as last amended by Laws of Utah 2010, Chapter
498     378)
499          4-24-103, (Renumbered from 4-24-3, as last amended by Laws of Utah 2008, Chapter
500     382)
501          4-24-104, (Renumbered from 4-24-4, as last amended by Laws of Utah 2010, Chapters
502     286 and 324)
503          4-24-105, (Renumbered from 4-24-30, as last amended by Laws of Utah 1995, Chapter
504     20)
505          4-24-201, (Renumbered from 4-24-5, as enacted by Laws of Utah 1979, Chapter 2)

506          4-24-202, (Renumbered from 4-24-7, as enacted by Laws of Utah 1979, Chapter 2)
507          4-24-203, (Renumbered from 4-24-8, as last amended by Laws of Utah 1985, Chapter
508     130)
509          4-24-204, (Renumbered from 4-24-9, as last amended by Laws of Utah 1983, Chapter
510     4)
511          4-24-205, (Renumbered from 4-24-10, as last amended by Laws of Utah 2010, Chapter
512     324)
513          4-24-301, (Renumbered from 4-24-6, as last amended by Laws of Utah 1988, Chapter
514     42)
515          4-24-302, (Renumbered from 4-24-11, as last amended by Laws of Utah 1997, Chapter
516     302)
517          4-24-303, (Renumbered from 4-24-12, as last amended by Laws of Utah 2010, Chapter
518     378)
519          4-24-304, (Renumbered from 4-24-13, as last amended by Laws of Utah 1997, Chapter
520     302)
521          4-24-305, (Renumbered from 4-24-14, as last amended by Laws of Utah 1997, Chapter
522     302)
523          4-24-306, (Renumbered from 4-24-15, as last amended by Laws of Utah 1997, Chapter
524     302)
525          4-24-307, (Renumbered from 4-24-17, as last amended by Laws of Utah 1997, Chapter
526     302)
527          4-24-308, (Renumbered from 4-24-21, as last amended by Laws of Utah 1985, Chapter
528     130)
529          4-24-309, (Renumbered from 4-24-16.3, as enacted by Laws of Utah 2015, Chapter
530     161)
531          4-24-401, (Renumbered from 4-24-18, as enacted by Laws of Utah 1979, Chapter 2)
532          4-24-402, (Renumbered from 4-24-19, as enacted by Laws of Utah 1979, Chapter 2)
533          4-24-403, (Renumbered from 4-24-31, as enacted by Laws of Utah 2015, Chapter 161)

534          4-24-404, (Renumbered from 4-24-20, as last amended by Laws of Utah 2010, Chapter
535     378)
536          4-24-405, (Renumbered from 4-24-22, as last amended by Laws of Utah 1985, Chapter
537     130)
538          4-24-406, (Renumbered from 4-24-23, as last amended by Laws of Utah 1985, Chapter
539     130)
540          4-24-501, (Renumbered from 4-24-24, as last amended by Laws of Utah 1997, Chapter
541     302)
542          4-24-502, (Renumbered from 4-24-25, as enacted by Laws of Utah 1979, Chapter 2)
543          4-24-503, (Renumbered from 4-24-26, as enacted by Laws of Utah 1979, Chapter 2)
544          4-24-504, (Renumbered from 4-24-28, as last amended by Laws of Utah 1986, Second
545     Special Session, Chapter 10)
546          4-24-505, (Renumbered from 4-24-29, as enacted by Laws of Utah 1979, Chapter 2)
547          4-24-506, (Renumbered from 4-24-32, as enacted by Laws of Utah 2015, Chapter 161)
548          4-25-102, (Renumbered from 4-25-1, as last amended by Laws of Utah 2015, Chapter
549     105)
550          4-25-103, (Renumbered from 4-25-2, as last amended by Laws of Utah 1983, Chapter
551     7)
552          4-25-104, (Renumbered from 4-25-3, as last amended by Laws of Utah 2008, Chapter
553     382)
554          4-25-201, (Renumbered from 4-25-4, as last amended by Laws of Utah 2009, Chapter
555     282)
556          4-25-202, (Renumbered from 4-25-5, as last amended by Laws of Utah 2009, Chapter
557     282)
558          4-25-203, (Renumbered from 4-25-6, as last amended by Laws of Utah 1983, Chapter
559     7)
560          4-25-204, (Renumbered from 4-25-7, as last amended by Laws of Utah 2009, Chapter
561     196)

562          4-25-205, (Renumbered from 4-25-8, as last amended by Laws of Utah 2005, Chapter
563     118)
564          4-25-206, (Renumbered from 4-25-9, as enacted by Laws of Utah 1979, Chapter 2)
565          4-25-301, (Renumbered from 4-25-12, as repealed and reenacted by Laws of Utah
566     2012, Chapter 331)
567          4-25-302, (Renumbered from 4-25-12.1, as last amended by Laws of Utah 2015,
568     Chapter 105)
569          4-25-303, (Renumbered from 4-25-12.3, as enacted by Laws of Utah 2015, Chapter
570     105)
571          4-25-401, (Renumbered from 4-25-14, as last amended by Laws of Utah 2009, Chapter
572     282)
573          4-30-102, (Renumbered from 4-30-1, as last amended by Laws of Utah 1999, Chapter
574     298)
575          4-30-103, (Renumbered from 4-30-2, as last amended by Laws of Utah 2010, Chapter
576     286)
577          4-30-104, (Renumbered from 4-30-3, as last amended by Laws of Utah 2008, Chapter
578     382)
579          4-30-105, (Renumbered from 4-30-4, as last amended by Laws of Utah 1999, Chapter
580     298)
581          4-30-106, (Renumbered from 4-30-5, as last amended by Laws of Utah 2010, Chapter
582     90)
583          4-30-107, (Renumbered from 4-30-6, as last amended by Laws of Utah 2007, Chapter
584     179)
585          4-30-108, (Renumbered from 4-30-7, as last amended by Laws of Utah 1999, Chapter
586     298)
587          4-30-109, (Renumbered from 4-30-7.5, as enacted by Laws of Utah 1999, Chapter 298)
588          4-30-110, (Renumbered from 4-30-7.6, as last amended by Laws of Utah 2010, Chapter
589     378)

590          4-30-111, (Renumbered from 4-30-8, as last amended by Laws of Utah 1985, Chapter
591     130)
592          4-30-112, (Renumbered from 4-30-9, as last amended by Laws of Utah 1999, Chapter
593     298)
594          4-32-101, (Renumbered from 4-32-1, as enacted by Laws of Utah 1979, Chapter 2)
595          4-32-102, (Renumbered from 4-32-2, as last amended by Laws of Utah 2010, Chapter
596     242)
597          4-32-103, (Renumbered from 4-32-2.1, as enacted by Laws of Utah 2010, Chapter 242)
598          4-32-104, (Renumbered from 4-32-2.2, as enacted by Laws of Utah 2010, Chapter 242)
599          4-32-105, (Renumbered from 4-32-3, as last amended by Laws of Utah 2016, Chapter
600     18)
601          4-32-106, (Renumbered from 4-32-4, as last amended by Laws of Utah 2011, Chapter
602     383)
603          4-32-107, (Renumbered from 4-32-5, as last amended by Laws of Utah 2010, Chapter
604     242)
605          4-32-108, (Renumbered from 4-32-6, as last amended by Laws of Utah 2010, Chapter
606     242)
607          4-32-109, (Renumbered from 4-32-7, as last amended by Laws of Utah 2016, Chapter
608     18)
609          4-32-110, (Renumbered from 4-32-8, as last amended by Laws of Utah 2010, Chapter
610     242)
611          4-32-111, (Renumbered from 4-32-9, as last amended by Laws of Utah 1997, Chapter
612     296)
613          4-32-112, (Renumbered from 4-32-10, as last amended by Laws of Utah 1987, Chapter
614     161)
615          4-32-113, (Renumbered from 4-32-11, as last amended by Laws of Utah 2014, Chapter
616     189)
617          4-32-114, (Renumbered from 4-32-12, as last amended by Laws of Utah 2010, Chapter

618     242)
619          4-32-115, (Renumbered from 4-32-13, as last amended by Laws of Utah 2010, Chapter
620     242)
621          4-32-116, (Renumbered from 4-32-14, as last amended by Laws of Utah 1997, Chapter
622     289)
623          4-32-117, (Renumbered from 4-32-15, as enacted by Laws of Utah 1979, Chapter 2)
624          4-32-118, (Renumbered from 4-32-16, as last amended by Laws of Utah 2010, Chapters
625     242 and 378)
626          4-32-119, (Renumbered from 4-32-17, as last amended by Laws of Utah 2010, Chapter
627     242)
628          4-32-120, (Renumbered from 4-32-18, as last amended by Laws of Utah 2010, Chapter
629     242)
630          4-32-121, (Renumbered from 4-32-20, as last amended by Laws of Utah 2010, Chapter
631     242)
632          4-32-122, (Renumbered from 4-32-21, as last amended by Laws of Utah 2010, Chapter
633     242)
634          4-32-123, (Renumbered from 4-32-22, as last amended by Laws of Utah 2010, Chapters
635     242 and 378)
636          4-33-101, (Renumbered from 4-33-1, as enacted by Laws of Utah 1981, Chapter 8)
637          4-33-102, (Renumbered from 4-33-2, as enacted by Laws of Utah 1981, Chapter 8)
638          4-33-103, (Renumbered from 4-33-3, as enacted by Laws of Utah 1981, Chapter 8)
639          4-33-104, (Renumbered from 4-33-4, as last amended by Laws of Utah 2008, Chapter
640     382)
641          4-33-105, (Renumbered from 4-33-5, as enacted by Laws of Utah 1981, Chapter 8)
642          4-33-106, (Renumbered from 4-33-6, as enacted by Laws of Utah 1981, Chapter 8)
643          4-33-107, (Renumbered from 4-33-7, as enacted by Laws of Utah 1981, Chapter 8)
644          4-33-108, (Renumbered from 4-33-8, as last amended by Laws of Utah 2002, Chapter
645     9)

646          4-33-109, (Renumbered from 4-33-9, as enacted by Laws of Utah 1981, Chapter 8)
647          4-33-110, (Renumbered from 4-33-10, as enacted by Laws of Utah 1981, Chapter 8)
648          4-34-102, (Renumbered from 4-34-1, as enacted by Laws of Utah 1981, Chapter 70)
649          4-34-103, (Renumbered from 4-34-2, as enacted by Laws of Utah 1981, Chapter 70)
650          4-34-104, (Renumbered from 4-34-3, as enacted by Laws of Utah 1981, Chapter 70)
651          4-34-105, (Renumbered from 4-34-4, as enacted by Laws of Utah 1981, Chapter 70)
652          4-34-106, (Renumbered from 4-34-5, as enacted by Laws of Utah 1981, Chapter 70)
653          4-34-107, (Renumbered from 4-34-6, as last amended by Laws of Utah 1990, Chapter
654     157)
655          4-35-101, (Renumbered from 4-35-1, as enacted by Laws of Utah 1985, Chapter 133)
656          4-35-102, (Renumbered from 4-35-2, as last amended by Laws of Utah 1997, Chapter
657     82)
658          4-35-103, (Renumbered from 4-35-3, as last amended by Laws of Utah 2010, Chapter
659     286)
660          4-35-104, (Renumbered from 4-35-4, as last amended by Laws of Utah 2002, Chapter
661     132)
662          4-35-105, (Renumbered from 4-35-5, as enacted by Laws of Utah 1985, Chapter 133)
663          4-35-106, (Renumbered from 4-35-6, as last amended by Laws of Utah 2010, Chapter
664     391)
665          4-35-107, (Renumbered from 4-35-7, as last amended by Laws of Utah 2010, Chapter
666     378)
667          4-35-108, (Renumbered from 4-35-8, as enacted by Laws of Utah 1985, Chapter 133)
668          4-35-109, (Renumbered from 4-35-9, as enacted by Laws of Utah 1985, Chapter 133)
669          4-38-101, (Renumbered from 4-38-1, as enacted by Laws of Utah 1992, Chapter 296)
670          4-38-102, (Renumbered from 4-38-2, as last amended by Laws of Utah 1993, Chapter
671     64)
672          4-38-103, (Renumbered from 4-38-3, as last amended by Laws of Utah 2016, Chapter
673     19)

674          4-38-104, (Renumbered from 4-38-4, as last amended by Laws of Utah 2008, Chapter
675     382)
676          4-38-105, (Renumbered from 4-38-5, as enacted by Laws of Utah 1992, Chapter 296)
677          4-38-106, (Renumbered from 4-38-6, as last amended by Laws of Utah 2008, Chapter
678     382)
679          4-38-201, (Renumbered from 4-38-7, as last amended by Laws of Utah 2007, Chapter
680     322)
681          4-38-202, (Renumbered from 4-38-8, as last amended by Laws of Utah 2010, Chapter
682     324)
683          4-38-203, (Renumbered from 4-38-10, as last amended by Laws of Utah 1993, Chapter
684     64)
685          4-38-301, (Renumbered from 4-38-9, as last amended by Laws of Utah 1993, Chapters
686     4 and 64)
687          4-38-302, (Renumbered from 4-38-11, as enacted by Laws of Utah 1992, Chapter 296)
688          4-38-303, (Renumbered from 4-38-12, as enacted by Laws of Utah 1992, Chapter 296)
689          4-38-304, (Renumbered from 4-38-15, as enacted by Laws of Utah 1992, Chapter 296)
690          4-38-401, (Renumbered from 4-38-13, as enacted by Laws of Utah 1992, Chapter 296)
691          4-38-402, (Renumbered from 4-38-16, as enacted by Laws of Utah 1993, Chapter 64)
692          4-38-501, (Renumbered from 4-38-14, as last amended by Laws of Utah 2008, Chapter
693     382)
694     REPEALS:
695          4-11-15, as last amended by Laws of Utah 2010, Chapter 73
696          4-18-109, as enacted by Laws of Utah 2016, Chapter 166
697          4-25-10, as enacted by Laws of Utah 1979, Chapter 2
698          4-25-11, as repealed and reenacted by Laws of Utah 1988, Chapter 139
699          4-31-117, as renumbered and amended by Laws of Utah 2012, Chapter 331
700          4-36-1, as enacted by Laws of Utah 1985, Chapter 191
701          4-36-2, as enacted by Laws of Utah 1985, Chapter 191

702          4-36-3, as last amended by Laws of Utah 1997, Chapter 82
703          4-36-4, as last amended by Laws of Utah 1997, Chapter 82
704          4-36-5, as enacted by Laws of Utah 1985, Chapter 191
705          4-36-6, as enacted by Laws of Utah 1985, Chapter 191
706          4-36-7, as enacted by Laws of Utah 1985, Chapter 191
707     Utah Code Sections Affected by Coordination Clause:
708          4-2-16, Utah Code Annotated 1953
709          4-2-305, Utah Code Annotated 1953
710          4-5-9.5, as last amended by Laws of Utah 2008, Chapter 382
711          4-5-501, Utah Code Annotated 1953
712          4-10-9, as enacted by Laws of Utah 1979, Chapter 2
713          4-10-110, Utah Code Annotated 1953
714     

715     Be it enacted by the Legislature of the state of Utah:
716          Section 1. Section 4-1-101, which is renumbered from Section 4-1-1 is renumbered
717     and amended to read:
718     
TITLE 4. UTAH AGRICULTURAL CODE

719          [4-1-1].      4-1-101. Title.
720          This title [shall be] is known [and may be cited] as the "Utah Agricultural Code."
721          Section 2. Section 4-1-102, which is renumbered from Section 4-1-2 is renumbered
722     and amended to read:
723          [4-1-2].      4-1-102. Construction.
724          This [code] title shall be liberally construed and applied to promote and [effectuate]
725     carry out its policies and purposes.
726          Section 3. Section 4-1-103, which is renumbered from Section 4-1-3 is renumbered
727     and amended to read:
728          [4-1-3].      4-1-103. Principles of law and equity applicable.
729          Unless displaced by the particular provisions of this code, the principles of law and

730     equity supplement [its] the provisions of this title.
731          Section 4. Section 4-1-104, which is renumbered from Section 4-1-3.5 is renumbered
732     and amended to read:
733          [4-1-3.5].      4-1-104. Procedures -- Adjudicative proceedings.
734          The Department of Agriculture and Food and [its] the department's divisions shall
735     comply with [the procedures and requirements of] Title 63G, Chapter 4, Administrative
736     Procedures Act, in their adjudicative proceedings.
737          Section 5. Section 4-1-105, which is renumbered from Section 4-1-4 is renumbered
738     and amended to read:
739          [4-1-4].      4-1-105. Code enforcement -- Inspection authorized --
740     Condemnation or seizure -- Injunctive relief -- Costs awarded -- County or district
741     attorney to represent state -- Criminal actions -- Witness fee.
742          (1) To enforce a provision in this title, the department may:
743          (a) enter, at reasonable times, and inspect a public or private premises where an
744     agricultural product is located; and
745          (b) obtain a sample of an agricultural product at no charge to the department, unless
746     otherwise specified in this title.
747          (2) The department may proceed immediately, if admittance is refused, to obtain an ex
748     parte warrant from the nearest court of competent jurisdiction to allow entry to the premises to
749     inspect or obtain a sample.
750          (3) (a) The department is authorized in a court of competent jurisdiction to:
751          (i) seek an order of seizure or condemnation of an agricultural product that violates this
752     title; or
753          (ii) upon proper grounds, obtain a temporary restraining order or temporary or
754     permanent injunction to prevent violation of this title.
755          (b) The court may not require a bond of the department in an injunctive proceeding
756     brought under this section.
757          (4) (a) If the court orders condemnation, the department shall dispose of the

758     agricultural product as the court directs.
759          (b) The court may not order condemnation without giving the claimant of the
760     agricultural product an opportunity to apply to the court for permission to:
761          (i) bring the agricultural product into conformance; or
762          (ii) remove the agricultural product from the state.
763          (5) If the department prevails in an action authorized by Subsection (3)(a), the court
764     shall award court costs, fees, storage, and other costs to the department.
765          (6) (a) Unless otherwise specifically provided by this title, the county attorney of the
766     county in which the product is located or the act is committed shall represent the department in
767     an action commenced under authority of this section.
768          (b) The attorney general shall represent the department in an action to enforce:
769          (i) Chapter 3, Utah Dairy Act; or
770          (ii) Chapter 5, Utah Wholesome Food Act.
771          (7) (a) In a criminal action brought by the department for violation of this title, the
772     county attorney or district attorney in the county in which the alleged criminal activity occurs
773     shall represent the state.
774          (b) Before the department pursues a criminal action, the department shall first give to
775     the person [it] the department intends to have charged:
776          (i) written notice of [its] the department's intent to file criminal charges; and
777          (ii) an opportunity to present, personally or through counsel, the person's views with
778     respect to the contemplated action.
779          (8) A witness subpoenaed by the department for whatever purpose is entitled to:
780          (a) a witness fee for each day of required attendance at a proceeding initiated by the
781     department; and
782          (b) mileage in accordance with the fees and mileage allowed a witness appearing in a
783     district court of this state.
784          Section 6. Section 4-1-106, which is renumbered from Section 4-1-5 is renumbered
785     and amended to read:

786          [4-1-5].      4-1-106. Suspension or revocation of license or registration --
787     Judicial review -- Attorney general to represent department.
788          (1) If the department has reason to believe that a licensee or registrant is or has engaged
789     in conduct that violates this title, [it] the department shall issue and serve a notice of agency
790     action.
791          (2) The commissioner, or the hearing officer designated by the commissioner, may
792     suspend or revoke a person's license or registration if the commissioner or hearing officer finds
793     by a preponderance of the evidence that the person is engaging, or has engaged, in conduct that
794     violates this title.
795          (3) (a) Any person whose registration or license is suspended or revoked under this
796     section may obtain judicial review.
797          (b) Venue for judicial review of informal adjudicative proceedings is in the district
798     court in the county where the alleged acts giving rise to the suspension or revocation occurred.
799          (4) The attorney general shall represent the department in any original action or appeal
800     commenced under this section.
801          Section 7. Section 4-1-107, which is renumbered from Section 4-1-6 is renumbered
802     and amended to read:
803          [4-1-6].      4-1-107. Fees and late charges.
804           (1) If an annual registration, license, or other fee is imposed under any chapter of this
805     [code] title, it shall be determined by the department pursuant to Subsection [4-2-2] 4-2-103(2).
806          (2) If the renewal of the registration or license is conditioned[, among other things,]
807     upon the payment of a renewal fee on or before a specified date, the department shall charge
808     and collect the renewal fee and a late fee on any license or registration [which] that is renewed
809     after the date specified for renewal in the applicable chapter.
810          (3) The renewal fee and late fee shall be determined by the department pursuant to
811     Subsection [4-2-2] 4-2-103(2).
812          Section 8. Section 4-1-108, which is renumbered from Section 4-1-7 is renumbered
813     and amended to read:

814          [4-1-7].      4-1-108. Severability clause.
815          If any provision of this [code] title, or the application of any [such] provision to any
816     person or circumstance, is held invalid, the invalidity does not affect other provisions or
817     applications of this [code which] title that can be given effect without the invalid provision or
818     application, and to this end the provisions of this [code] title are declared to be severable.
819          Section 9. Section 4-1-109, which is renumbered from Section 4-1-8 is renumbered
820     and amended to read:
821          [4-1-8].      4-1-109. General definitions.
822          [Subject to additional definitions contained in the chapters of this title which are
823     applicable to specific chapters, as]
824          As used in this title:
825          [(2)] (1) "Agricultural product" or "product of agriculture" means any product [which]
826     that is derived from agriculture, including any product derived from aquaculture as defined in
827     Section 4-37-103.
828          [(1)] (2) "Agriculture" means the science and art of the production of plants and
829     animals useful to man, including the preparation of plants and animals for human use and
830     disposal by marketing or otherwise.
831          (3) "Commissioner" means the commissioner of agriculture and food.
832          (4) "Department" means the Department of Agriculture and Food created in Chapter 2,
833     Department - State Chemist - Enforcement.
834          (5) "Dietary supplement" [has the meaning] means the same as that term is defined in
835     the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
836          (6) "Livestock" means cattle, sheep, goats, swine, horses, mules, poultry, domesticated
837     elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised
838     or kept for profit.
839          (7) "Organization" means a corporation, government or governmental subdivision or
840     agency, business trust, estate, trust, partnership, association, two or more persons having a joint
841     or common interest, or any other legal entity.

842          (8) "Person" means a natural person or individual, corporation, organization, or other
843     legal entity.
844          Section 10. Section 4-1-110, which is renumbered from Section 4-1-9 is renumbered
845     and amended to read:
846          [4-1-9].      4-1-110. Growing or storing food for personal or family use.
847          (1) As used in this section, "family food" means food owned by an individual that is
848     intended for the individual's consumption, or for consumption by members of the individual's
849     immediate family, that:
850          (a) is legal for human consumption;
851          (b) is lawfully possessed; and
852          (c) poses no risk:
853          (i) to health;
854          (ii) of spreading insect infestation; or
855          (iii) of spreading agricultural disease.
856          (2) Family food that is grown by an individual on the individual's property is not
857     subject to local or federal regulation if growth of the family food:
858          (a) does not negatively impact the rights of adjoining property owners; and
859          (b) complies with the food safety requirements of this title.
860          (3) A government entity may not confiscate family food described in Subsection (2) or
861     family food that is stored by the owner in the owner's home or dwelling.
862          (4) (a) If any provision of this section or the application of any provision of this section
863     to any person or circumstance is held invalid by a final decision of a court of competent
864     jurisdiction, the remainder of this section shall be given effect without the invalid provision or
865     application.
866          (b) The provisions of this section are severable.
867          Section 11. Section 4-2-101 is enacted to read:
868     
CHAPTER 2. ADMINISTRATION

869     
Part 1. Organization


870          4-2-101. Title.
871          This chapter is known as "Administration."
872          Section 12. Section 4-2-102, which is renumbered from Section 4-2-1 is renumbered
873     and amended to read:
874          [4-2-1].      4-2-102. Department created.
875          (1) There is [hereby] created within state government the Department of Agriculture
876     and Food [which].
877          (2) The department created in Subsection (1) is responsible [in this state] for the
878     administration and enforcement of all laws, services, functions, and consumer programs related
879     to agriculture in this state as assigned to the department by the Legislature.
880          Section 13. Section 4-2-103, which is renumbered from Section 4-2-2 is renumbered
881     and amended to read:
882          [4-2-2].      4-2-103. Functions, powers, and duties of department -- Fees for
883     services -- Marketing orders -- Procedure -- Purchasing and auditing.
884          (1) The department shall:
885          (a) inquire into and promote the interests and products of agriculture and [its] allied
886     industries;
887          (b) promote methods for increasing the production and facilitating the distribution of
888     the agricultural products of the state;
889          (c) (i) inquire into the cause of contagious, infectious, and communicable diseases
890     among livestock and the means for their prevention and cure; and
891          (ii) initiate, implement, and administer plans and programs to prevent the spread of
892     diseases among livestock;
893          (d) encourage experiments designed to determine the best means and methods for the
894     control of diseases among domestic and wild animals;
895          (e) issue marketing orders for any designated agricultural product to:
896          (i) promote orderly market conditions for any product;
897          (ii) give the producer a fair return on the producer's investment at the marketplace; and

898          (iii) only promote and not restrict or restrain the marketing of Utah agricultural
899     commodities;
900          (f) administer and enforce all laws assigned to the department by the Legislature;
901          (g) establish standards and grades for agricultural products and fix and collect
902     reasonable fees for services performed by the department in conjunction with the grading of
903     agricultural products;
904          (h) establish operational standards for any establishment that manufactures, processes,
905     produces, distributes, stores, sells, or offers for sale any agricultural product;
906          (i) adopt, according to Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
907     rules necessary for the effective administration of the agricultural laws of the state;
908          (j) when necessary, make investigations, subpoena witnesses and records, conduct
909     hearings, issue orders, and make recommendations concerning all matters related to
910     agriculture;
911          (k) (i) inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or any
912     private or public place that may become infested or infected with harmful insects, plant
913     diseases, noxious or poisonous weeds, or other agricultural pests;
914          (ii) establish and enforce quarantines;
915          (iii) issue and enforce orders and rules for the control and eradication of pests,
916     wherever they may exist within the state; and
917          (iv) perform other duties relating to plants and plant products considered advisable and
918     not contrary to law;
919          (l) inspect apiaries for diseases inimical to bees and beekeeping;
920          (m) take charge of any agricultural exhibit within the state, if considered necessary by
921     the department, and award premiums at that exhibit;
922          (n) assist the Conservation Commission in the administration of Title 4, Chapter 18,
923     Conservation Commission Act, and administer and disburse any funds available to assist
924     conservation districts in the state in the conservation of the state's soil and water resources;
925          (o) participate in the United States Department of Agriculture certified agricultural

926     mediation program, in accordance with 7 U.S.C. Sec. 5101 and 7 C.F.R. Part 785;
927          (p) promote and support the multiple use of public lands; and
928          (q) perform any additional functions, powers, and duties provided by law.
929          (2) The department, by following the procedures and requirements of Section
930     63J-1-504, may adopt a schedule of fees assessed for services provided by the department.
931          (3) (a) No marketing order issued under Subsection (1)(e) shall take effect until:
932          (i) the department gives notice of the proposed order to the producers and handlers of
933     the affected product;
934          (ii) the commissioner conducts a hearing on the proposed order; and
935          (iii) at least 50% of the registered producers and handlers of the affected products vote
936     in favor of the proposed order.
937          (b) (i) The department may establish boards of control to administer marketing orders
938     and the proceeds derived from any order.
939          (ii) [The] A board of control shall:
940          (A) ensure that all proceeds are placed in an account in the board of control's name in a
941     depository institution; and
942          (B) ensure that the account is annually audited by an accountant approved by the
943     commissioner.
944          (4) Funds collected by grain grading, as provided by Subsection (1)(g), shall be
945     deposited [in] into the General Fund as dedicated credits for the grain grading program.
946          (5) In fulfilling its duties in this chapter, the department may:
947          (a) purchase, as authorized or required by law, services that the department is
948     responsible to provide for legally eligible persons;
949          (b) take necessary steps, including legal action, to recover money or the monetary value
950     of services provided to a recipient who is not eligible;
951          (c) examine and audit the expenditures of any public funds provided to a local
952     authority, agency, or organization that contracts with or receives funds from those authorities or
953     agencies; and

954          (d) accept and administer grants from the federal government and from other sources,
955     public or private.
956          Section 14. Section 4-2-104, which is renumbered from Section 4-2-3 is renumbered
957     and amended to read:
958          [4-2-3].      4-2-104. Administration by commissioner.
959          (1) Administration of the department is under the direction, control, and management
960     of a commissioner appointed by the governor with the consent of the Senate.
961          (2) The commissioner shall serve at the pleasure of the governor.
962          (3) The governor shall establish the commissioner's compensation within the salary
963     range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
964          Section 15. Section 4-2-105, which is renumbered from Section 4-2-4 is renumbered
965     and amended to read:
966          [4-2-4].      4-2-105. Organization of divisions within department.
967          The commissioner shall organize the department into divisions, as necessary, for the
968     efficient administration of the department's business.
969          Section 16. Section 4-2-106, which is renumbered from Section 4-2-5 is renumbered
970     and amended to read:
971          [4-2-5].      4-2-106. Submission of department's budget.
972          (1) The commissioner, [on or before October 1 of each year] upon request of the
973     governor, shall submit an itemized budget for the department to the governor.
974          (2) The proposed budget described in Subsection (1) shall:
975          (a) contain a complete plan of proposed expenditures and estimated revenues for the
976     ensuing fiscal year; and [shall]
977          (b) be accompanied by a statement setting forth the revenues and expenditures for the
978     fiscal year next preceding[,] and the current assets and liabilities of the department, including
979     restricted revenue accounts and dedicated credits.
980          Section 17. Section 4-2-107, which is renumbered from Section 4-2-6 is renumbered
981     and amended to read:

982          [4-2-6].      4-2-107. Official seal -- Authentication of records.
983          (1) The department shall adopt and use an official seal, a description and impression of
984     which shall be filed with the Division of Archives.
985          (2) Copies of official department records, documents, and proceedings may be
986     authenticated with the seal attested by the commissioner.
987          Section 18. Section 4-2-108, which is renumbered from Section 4-2-7 is renumbered
988     and amended to read:
989          [4-2-7].      4-2-108. Agricultural Advisory Board created -- Composition --
990     Responsibility -- Terms of office -- Compensation.
991          (1) There is created the Agricultural Advisory Board composed of 21 members, with
992     each member representing one of the following:
993          (a) Utah Farm Bureau Federation;
994          (b) Utah Farmers Union;
995          (c) Utah Cattlemen's Association;
996          (d) Utah Wool Growers['] Association;
997          (e) Utah Dairymen's Association;
998          (f) Utah Pork [Producer's] Producers Association;
999          (g) egg and poultry producers;
1000          (h) Utah Veterinary Medical Association;
1001          (i) Livestock Auction Marketing Association;
1002          (j) Utah Association of Conservation Districts;
1003          (k) the Utah horse industry;
1004          (l) the food processing industry;
1005          (m) the fruit and vegetable industry;
1006          (n) the turkey industry;
1007          (o) manufacturers of food supplements;
1008          (p) a consumer affairs group;
1009          (q) dean of the College of Agriculture and Applied Science and vice president of

1010     extension from Utah State University;
1011          (r) urban and small farmers;
1012          (s) Utah Elk Breeders Association;
1013          (t) Utah Beekeepers Association; and
1014          (u) Utah Fur Breeders Association.
1015          (2) (a) The Agricultural Advisory Board shall advise the commissioner regarding:
1016          (i) the planning, implementation, and administration of the department's programs; and
1017          (ii) the establishment of standards governing the care of livestock and poultry,
1018     including consideration of:
1019          (A) food safety;
1020          (B) local availability and affordability of food; and
1021          (C) acceptable practices for livestock and farm management.
1022          (b) The Agricultural Advisory Board shall fulfill the duties described in Title 4,
1023     Chapter 2, Part 5, Horse Tripping Awareness.
1024          (3) (a) Except as required by Subsection (3)(c), members are appointed by the
1025     commissioner to four-year terms of office.
1026          (b) The commissioner shall appoint representatives of the organizations cited in
1027     Subsections (1)(a) through (h) to the Agricultural Advisory Board from a list of nominees
1028     submitted by each organization.
1029          (c) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at
1030     the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1031     board members are staggered so that approximately half of the board is appointed every two
1032     years.
1033          (d) Members may be removed at the discretion of the commissioner upon the request
1034     of the group they represent.
1035          (e) When a vacancy occurs in the membership for any reason, the replacement shall be
1036     appointed for the unexpired term.
1037          (4) The board shall elect one member to serve as chair of the Agricultural Advisory

1038     Board for a term of one year.
1039          (5) (a) The board shall meet four times annually, but may meet more often at the
1040     discretion of the chair.
1041          (b) Attendance of 11 members at a duly called meeting constitutes a quorum for the
1042     transaction of official business.
1043          (6) A member may not receive compensation or benefits for the member's service, but
1044     may receive per diem and travel expenses in accordance with:
1045          (a) Section 63A-3-106;
1046          (b) Section 63A-3-107; and
1047          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1048     63A-3-107.
1049          Section 19. Section 4-2-109, which is renumbered from Section 4-2-8 is renumbered
1050     and amended to read:
1051          [4-2-8].      4-2-109. Temporary advisory committees -- Appointment --
1052     Compensation.
1053          (1) The commissioner, with the permission of the governor, may appoint other
1054     advisory committees on a temporary basis to offer technical advice to the department.
1055          (2) A member of a committee serves at the pleasure of the commissioner.
1056          (3) A member may not receive compensation or benefits for the member's service, but
1057     may receive per diem and travel expenses in accordance with:
1058          (a) Section 63A-3-106;
1059          (b) Section 63A-3-107; and
1060          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1061     63A-3-107.
1062          Section 20. Section 4-2-201, which is renumbered from Section 4-2-9 is renumbered
1063     and amended to read:
1064     
Part 2. State Chemist

1065          [4-2-9].      4-2-201. Appointment of the state chemist.

1066          The commissioner shall appoint a state chemist [shall be appointed by the
1067     commissioner].
1068          Section 21. Section 4-2-202, which is renumbered from Section 4-2-10 is renumbered
1069     and amended to read:
1070          [4-2-10].      4-2-202. State chemist responsibilities.
1071          (1) The state chemist shall:
1072          (a) serve as the chief administrative officer of the Division of Laboratories; and
1073          (b) supervise and administer all analytical tests required to be performed under this title
1074     or under any rule [authorized by it] adopted under this title.
1075          (2) The state chemist may perform analytical tests for other state agencies, federal
1076     agencies, units of local government, and private persons if:
1077          (a) the tests and analytical work do not interfere with, or impede, the work required by
1078     the department; and
1079          (b) a charge commensurate with the work involved is made and collected.
1080          (3) The state chemist shall perform any other official duties assigned by the
1081     commissioner.
1082          Section 22. Section 4-2-301, which is renumbered from Section 4-2-11 is renumbered
1083     and amended to read:
1084     
Part 3. Enforcement and Penalties

1085          [4-2-11].      4-2-301. Attorney general legal advisor for department -- County or
1086     district attorney may bring action upon request of department for violations of title.
1087          (1) The attorney general is the legal advisor for the department and shall defend the
1088     department and [its] the department's representatives in all actions and proceedings brought
1089     against [it] the department.
1090          (2) (a) The county attorney or the district attorney, as provided under Sections
1091     17-18a-202 and 17-18a-203, of the county in which a cause of action arises or a public offense
1092     occurs may bring civil or criminal action, upon request of the department, to enforce the laws,
1093     standards, orders, and rules of the department or to prosecute violations of this title.

1094          (b) If the county attorney or district attorney fails to act, the department may request the
1095     attorney general to bring an action on behalf of the department.
1096          Section 23. Section 4-2-302, which is renumbered from Section 4-2-12 is renumbered
1097     and amended to read:
1098          [4-2-12].      4-2-302. Notice of violation -- Order for corrective action.
1099          (1) Whenever the department determines that any person, or any officer or employee of
1100     any person, is violating any requirement of this title or rules adopted under this title, the
1101     department shall serve written notice upon the alleged violator [which] that specifies the
1102     violation and alleges the facts constituting the violation.
1103          (2) After serving notice as required in Subsection (1), the department may:
1104          (a) issue an order for necessary corrective action; and
1105          (b) request the attorney general [or the], county attorney, or [the] district attorney to
1106     seek injunctive relief and enforcement of the order as provided in Subsection [4-2-11]
1107     4-2-301(2).
1108          Section 24. Section 4-2-303, which is renumbered from Section 4-2-14 is renumbered
1109     and amended to read:
1110          [4-2-14].      4-2-303. Violations of title unlawful.
1111          It is unlawful for any person, or the [officers or employees] officer or employee of any
1112     person, to willfully violate, disobey, or disregard this title or any notice or order issued under
1113     this title.
1114          Section 25. Section 4-2-304, which is renumbered from Section 4-2-15 is renumbered
1115     and amended to read:
1116          [4-2-15].      4-2-304. Civil and criminal penalties -- Costs -- Civil liability.
1117          (1) (a) Except as otherwise provided by this title, any person, or the [officers or
1118     employees] officer or employee of any person, who violates this title or any lawful notice or
1119     order issued pursuant to this title shall be assessed a penalty not to exceed $5,000 per violation
1120     in a civil proceeding, and is guilty of a class B misdemeanor in a criminal proceeding [is guilty
1121     of a class B misdemeanor].

1122          (b) A subsequent criminal violation within two years is a class A misdemeanor.
1123          (2) Any person, or the [officers or employees] officer or employee of any person, shall
1124     be liable for any expenses incurred by the department in abating any violation of this title.
1125          (3) A penalty assessment or criminal conviction under this title does not relieve the
1126     person assessed or convicted from civil liability for claims arising out of any act [which] that
1127     was also a violation.
1128          Section 26. Section 4-2-401 is amended to read:
1129     
Part 4. State Veterinarian

1130          4-2-401. Appointment.
1131          The commissioner shall appoint a state veterinarian [shall be appointed by the
1132     commissioner].
1133          Section 27. Section 4-2-402 is amended to read:
1134          4-2-402. State veterinarian responsibilities.
1135          (1) The state veterinarian shall:
1136          (a) coordinate the department's responsibilities for:
1137          (i) the promotion of animal health; and
1138          (ii) the diagnosis, surveillance, and prevention of animal disease[; and].
1139          [(iii) livestock brand registration and inspection;]
1140          (b) aid the meat inspection manager, whose duties are specified by the commissioner,
1141     in the direction of the inspection of meat and poultry; and
1142          (c) perform other official duties assigned by the commissioner.
1143          (2) The state veterinarian may not receive compensation for services provided while
1144     engaging in the private practice of veterinary medicine.
1145          (3) The state veterinarian shall be a veterinarian licensed under Title 58, Chapter 28,
1146     Veterinary Practice Act.
1147          Section 28. Section 4-2-502 is amended to read:
1148          4-2-502. Definitions.
1149          As used in this part:

1150          (1) "Board" means the Agricultural Advisory Board created in Section [4-2-7] 4-2-108.
1151          (2) "Horse event" means an event in which horses are roped or tripped for the purpose
1152     of a specific event or contest.
1153          (3) (a) "Horse tripping" means the lassoing or roping of the legs of an equine, or
1154     otherwise tripping or causing an equine to fall by any means, for the purpose of entertainment,
1155     sport, or contest, or practice for entertainment, sport, or contest.
1156          (b) "Horse tripping" does not include accepted animal husbandry practices, customary
1157     farming practices, or commonly accepted practices occurring in conjunction with a sanctioned
1158     rodeo, animal race, or pulling contest.
1159          Section 29. Section 4-2-503 is amended to read:
1160          4-2-503. Event reporting requirements.
1161          (1) The owner of a venue holding a horse event shall:
1162          (a) at least 30 days before the day on which the horse event is to be held, notify the
1163     board of the date, time, and name of the horse event; and
1164          (b) no later than 30 days after the day on which the horse event is held, notify the board
1165     of:
1166          (i) the number and type of competitions held at the horse event;
1167          (ii) the number of horses used;
1168          (iii) whether horse tripping occurred, and if so how many horses were used in horse
1169     tripping and how many times each horse was tripped; and
1170          (iv) whether a veterinarian was called during the horse event, and if so:
1171          (A) the name and contact information of the veterinarian;
1172          (B) the outcome of the veterinarian's examination of a horse; and
1173          (C) all veterinarian charges incurred.
1174          (2) (a) The department shall compile all reports received pursuant to Subsection (1)
1175     and provide the information to the board.
1176          (b) The board shall, at a meeting described in Subsection [4-2-7] 4-2-108(5)(a):
1177          (i) review the information described in Subsection (2)(a); and

1178          (ii) if necessary, make recommendations for rules or legislation designed to prohibit
1179     horse tripping.
1180          (3) The department shall fine the owner of a venue that fails to fulfill the duties
1181     described in Subsection (1) $500 per violation.
1182          (4) The department, in consultation with the board, shall make rules in accordance with
1183     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to enforce this part.
1184          Section 30. Section 4-2-504 is amended to read:
1185          4-2-504. Horse tripping education -- Reporting requirements.
1186          [(1)] The department, in conjunction with the board, shall:
1187          [(a)] (1) send a letter, annually, to venues that host horse events:
1188          [(i)] (a) outlining the reporting requirements of Section 4-2-503; and
1189          [(ii)] (b) providing educational information on the negative effects of horse tripping;
1190     and
1191          [(b)] (2) promote, as funding allows, policies regarding the safety and welfare of horses
1192     involved in horse events, such as horse roping and horse tripping.
1193          [(2) The department and the board shall, by November 30, 2015, report to the Natural
1194     Resources, Agriculture, and Environment Interim Committee about:]
1195          [(a) reported incidents of horse tripping;]
1196          [(b) any recommendations made by the board pursuant to Subsection 4-2-503(2)(b);
1197     and]
1198          [(c) the progress made in educating the public under Subsection (1).]
1199          Section 31. Section 4-3-101 is enacted to read:
1200     
CHAPTER 3. UTAH DAIRY ACT

1201     
Part 1. Organization

1202          4-3-101. Title.
1203          This chapter is known as the "Utah Dairy Act."
1204          Section 32. Section 4-3-102, which is renumbered from Section 4-3-1 is renumbered
1205     and amended to read:

1206          [4-3-1].      4-3-102. Definitions.
1207          As used in this chapter:
1208          (1) "Adulterated" means any dairy product that:
1209          (a) contains any poisonous or deleterious substance that may render it injurious to
1210     health;
1211          (b) has been produced, prepared, packaged, or held:
1212          (i) under unsanitary conditions;
1213          (ii) where it may have become contaminated; or
1214          (iii) where it may have become diseased or injurious to health;
1215          (c) contains any food additive that is unsafe within the meaning of 21 U.S.C. Sec. 348;
1216          (d) contains:
1217          (i) any filthy, putrid, or decomposed substance;
1218          (ii) fresh fluid milk with a lactic acid level at or above .0018; or
1219          (iii) cream with a lactic acid level at or above .008 or that is otherwise unfit for human
1220     food;
1221          (e) is the product of:
1222          (i) a diseased animal;
1223          (ii) an animal that died otherwise than by slaughter; or
1224          (iii) an animal fed upon uncooked offal;
1225          (f) has intentionally been subjected to radiation, unless the use of the radiation is in
1226     conformity with a rule or exemption promulgated by the department; or
1227          (g) (i) has any valuable constituent omitted or abstracted;
1228          (ii) has any substance substituted in whole or in part;
1229          (iii) has damage or inferiority concealed in any manner; or
1230          (iv) has any substance added, mixed, or packed with the product to:
1231          (A) increase its bulk or weight;
1232          (B) reduce its quality or strength; or
1233          (C) make it appear better or of greater value.

1234          (2) "Cow-share program" means a program in which a person acquires an undivided
1235     interest in a milk producing hoofed mammal through an agreement with a producer that
1236     includes:
1237          (a) a bill of sale for an interest in the mammal;
1238          (b) a boarding arrangement under which the person boards the mammal with the
1239     producer for the care and milking of the mammal and the boarding arrangement and bill of sale
1240     documents remain with the program operator;
1241          (c) an arrangement under which the person receives raw milk for personal use not to be
1242     sold or distributed in a retail environment or for profit; and
1243          (d) no more than two cows, 10 goats, and 10 sheep per farm in the program.
1244          (3) "Dairy product" means any product derived from raw or pasteurized milk.
1245          (4) "Distributor" means any person who distributes a dairy product.
1246          (5) (a) "Filled milk" means any milk, cream, or skimmed milk, whether condensed,
1247     evaporated, concentrated, powdered, dried, or desiccated, that has fat or oil other than milk fat
1248     added, blended, or compounded with it so that the resultant product is an imitation or
1249     semblance of milk, cream, or skimmed milk.
1250          (b) "Filled milk" does not include any distinctive proprietary food compound:
1251          (i) that is prepared and designated for feeding infants and young children, which is
1252     customarily used upon the order of a licensed physician;
1253          (ii) whose product name and label does not contain the word "milk"; and
1254          (iii) whose label conforms with the food labeling requirements.
1255          (6) "Frozen dairy products" mean dairy products normally served to the consumer in a
1256     frozen or semifrozen state.
1257          (7) "Grade A milk," "grade A milk products," and "milk" have the same meaning that
1258     is accorded the terms in the federal standards for grade A milk and grade A milk products
1259     unless modified by rules of the department.
1260          (8) "License" means a document allowing a person or plant to process, manufacture,
1261     supply, test, haul, or pasteurize milk or milk products or conduct other activity specified by the

1262     license.
1263          (9) "Manufacturer" means any person who processes milk in a way that changes the
1264     milk's character.
1265          (10) "Manufacturing milk" means milk used in the production of non-grade A dairy
1266     products.
1267          (11) "Misbranded" means:
1268          (a) any dairy product whose label is false or misleading in any particular, or whose
1269     label or package fails to conform to any federal regulation adopted by the department that
1270     pertains to packaging and labeling;
1271          (b) any dairy product in final packaged form manufactured in this state that does not
1272     bear:
1273          (i) the manufacturer's, packer's, or distributor's name, address, and plant number, if
1274     applicable;
1275          (ii) a clear statement of the product's common or usual name, quantity, and ingredients,
1276     if applicable; and
1277          (iii) any other information required by rule of the department;
1278          (c) any butter in consumer package form that is not at least B grade, or that does not
1279     meet the grade claimed on the package, measured by U.S.D.A. butter grade standards;
1280          (d) any imitation butter made in whole or in part from material other than wholesome
1281     milk or cream, except clearly labeled "margarine";
1282          (e) renovated butter unless the words "renovated butter," in letters not less than
1283     1/2-inch in height appear on each package, roll, square, or container of such butter; or
1284          (f) any dairy product in final packaged form that makes nutritional claims or adds or
1285     adjusts nutrients that are not so labeled.
1286          (12) "Pasteurization" means any process that renders dairy products practically free of
1287     disease organisms and is accepted by federal standards.
1288          (13) "Permit or certificate" means a document allowing a person to market milk.
1289          (14) "Plant" means any facility where milk is processed or manufactured.

1290          (15) "Processor" means any person who subjects milk to a process.
1291          (16) "Producer" means a person who owns a cow or other milk producing hoofed
1292     mammal that produces milk for consumption by persons other than the producer's family,
1293     employees, or nonpaying guests.
1294          (17) "Raw milk" means unpasteurized milk.
1295          (18) "Renovated butter" means butter that is reduced to a liquid state by melting and
1296     drawing off such liquid or butter oil and churning or otherwise manipulating it in connection
1297     with milk or any product of milk.
1298          (19) "Retailer" means any person who sells or distributes dairy products directly to the
1299     consumer.
1300          Section 33. Section 4-3-201, which is renumbered from Section 4-3-2 is renumbered
1301     and amended to read:
1302     
Part 2. Rules and Regulations

1303          [4-3-2].      4-3-201. Title -- Authority to make and enforce rules.
1304          The department is authorized and directed, subject to Title 63G, Chapter 3, Utah
1305     Administrative Rulemaking Act, to make and enforce [such] rules [as may in its judgment and
1306     discretion be necessary] to carry out the purposes of this chapter.
1307          Section 34. Section 4-3-202, which is renumbered from Section 4-3-3 is renumbered
1308     and amended to read:
1309          [4-3-3].      4-3-202. Authority in local jurisdictions to regulate dairy products
1310     -- Department standards to govern -- Department evaluation permitted -- Local notice to
1311     cease inspection.
1312          (1) While nothing in this chapter shall impair the authority of any town, city, or county
1313     to regulate the production, handling, storage, distribution, or sale of dairy products, frozen
1314     dairy products, grade A milk, grade A milk products, or milk, within their respective
1315     jurisdictions, a common standard as prescribed by the department shall be followed in such
1316     jurisdictions.
1317          (2) If a town, city, or county elects to enforce this chapter, the department shall accept

1318     its findings relative to inspections in lieu of making its own inspections, but the department
1319     may evaluate the effectiveness of any local inspection program.
1320          (3) If a town, city, or county intends to cease making inspections under this chapter, it
1321     shall notify the department of its intent to cease inspection at least one year in advance of the
1322     actual cessation of inspection.
1323          (4) Upon request, the commissioner shall cooperate with other state agencies, towns,
1324     cities, counties, and federal authorities in the administration and enforcement of this chapter.
1325          Section 35. Section 4-3-203, which is renumbered from Section 4-3-4 is renumbered
1326     and amended to read:
1327          [4-3-4].      4-3-203. Authority to inspect premises.
1328          (1) The department may inspect any premises where dairy products are produced,
1329     manufactured, processed, stored, or held for distribution, at reasonable times and places, to
1330     determine whether the premises are in compliance with this chapter and the rules adopted
1331     according to it.
1332          (2) If the department is denied access, it may proceed immediately to the nearest court
1333     of competent jurisdiction to seek an ex parte warrant or its equivalent to permit inspection of
1334     the premises.
1335          Section 36. Section 4-3-204, which is renumbered from Section 4-3-5 is renumbered
1336     and amended to read:
1337          [4-3-5].      4-3-204. Authority to collect samples -- Receipt -- Names of
1338     distributors.
1339          (1) Samples of dairy products from each dairy farm or processing plant may be secured
1340     and examined as often as deemed necessary by the department.
1341          (2) Samples of dairy products from stores, cafes, soda fountains, restaurants, and other
1342     places where dairy products are sold may be secured and examined as often as deemed
1343     necessary by the department.
1344          (3) Samples of milk or dairy products may be taken by the department at any time
1345     before final delivery to the consumer.

1346          (4) The department shall provide a signed receipt for all samples taken showing the
1347     date of sampling and the amount and kind of sample taken; provided, that the department is not
1348     liable to any person for the cost of any sample taken.
1349          (5) All proprietors of stores, cafes, restaurants, soda fountains, and other similar places
1350     shall furnish the department, upon request, with the names of all distributors from whom dairy
1351     products are obtained.
1352          Section 37. Section 4-3-205, which is renumbered from Section 4-3-6 is renumbered
1353     and amended to read:
1354          [4-3-6].      4-3-205. Condemnation, embargo, denaturization of unfit milk or
1355     dairy products -- Unfit equipment.
1356          (1) The department may condemn or embargo any milk or dairy product which is
1357     adulterated, misbranded, or not produced or processed in accordance with this chapter.
1358          (2) The department may condemn the use of any equipment, tank, or container used to
1359     produce, process, manufacture, or transport milk or dairy products that it finds, upon
1360     inspection, to be unclean or contaminated.
1361          (3) The department may mark or tag any condemned equipment, tank, or container
1362     with the words "this (equipment, tank, or container) is unfit to contain human food."
1363          (4) Condemned milk shall be decharacterized or denatured with harmless coloring or
1364     rennet by the department.
1365          Section 38. Section 4-3-206, which is renumbered from Section 4-3-7 is renumbered
1366     and amended to read:
1367          [4-3-7].      4-3-206. Testing and measuring milk -- Standards prescribed --
1368     Milk quality work in accordance with rules.
1369          (1) Milk shall be tested and measured in accordance with:
1370          (a) the latest edition of "Association of Official Analytical Chemists";
1371          (b) the latest edition of "Standard Methods for Examination of Dairy Products";
1372          (c) other publications accepted by the department; or
1373          (d) methods prescribed by the department.

1374          (2) A processor or manufacturer shall perform quality work in accordance with the
1375     rules adopted by the department.
1376          Section 39. Section 4-3-301, which is renumbered from Section 4-3-8 is renumbered
1377     and amended to read:
1378     
Part 3. Licensing Permits

1379          [4-3-8].      4-3-301. Licenses and permits -- Application -- Fee -- Expiration --
1380     Renewal.
1381          (1) Application for a license to operate a plant, manufacture butter or cheese,
1382     pasteurize milk, test milk for payment, haul milk in bulk, or for the wholesale distribution of
1383     dairy products shall be made to the department upon forms prescribed and furnished by it.
1384          (2) Upon receipt of a proper application, compliance with all applicable rules, and
1385     payment of a license fee determined by the department according to Subsection [4-2-2]
1386     4-2-103(2), the commissioner, if satisfied that the public convenience and necessity and the
1387     industry will be served, shall issue an appropriate license to the applicant subject to suspension
1388     or revocation for cause.
1389          (3) Each license issued under this section expires at midnight on December 31 of each
1390     year.
1391          (4) A license to operate a plant, manufacture butter or cheese, pasteurize milk, test milk
1392     for payment, haul milk in bulk, or for the wholesale distribution of dairy products, is renewable
1393     for a period of one year upon the payment of an annual license renewal fee determined by the
1394     department according to Subsection [4-2-2] 4-2-103(2) on or before December 31 of each year.
1395          (5) Application for a permit or certificate to produce milk shall be made to the
1396     department on forms prescribed and furnished by it.
1397          (6) (a) Upon receipt of a proper application and compliance with all applicable rules,
1398     the commissioner shall issue a permit entitling the applicant to engage in the business of
1399     producer, subject to suspension or revocation for cause.
1400          (b) No fee may be charged by the department for issuance of a permit or certificate.
1401          Section 40. Section 4-3-302, which is renumbered from Section 4-3-9 is renumbered

1402     and amended to read:
1403          [4-3-9].      4-3-302. Licenses, permits, and certificates -- Suspension or
1404     revocation -- Grounds.
1405          (1) The department may revoke or suspend the license, permit, or certification of any
1406     person who violates this chapter or any rule enacted under the authority of this chapter.
1407          (2) All or part of any license, permit, or certification may be suspended immediately if
1408     an emergency exists that presents a clear and present danger to the public health, or if
1409     inspection or sampling is refused.
1410          Section 41. Section 4-3-401, which is renumbered from Section 4-3-10 is renumbered
1411     and amended to read:
1412     
Part 4. Unlawful Acts

1413          [4-3-10].      4-3-401. Unlawful acts specified.
1414          It is unlawful for any person in this state to:
1415          (1) operate a plant without a license issued by the department;
1416          (2) market milk without a permit or certificate issued by the department;
1417          (3) manufacture butter or cheese, pasteurize milk, test milk for payment, or haul milk
1418     in bulk without a special license to perform the particular activity designated in this Subsection
1419     (3); unless if more than one person working in a plant is engaged in the performance of a single
1420     activity designated in this Subsection (3), the person who directs the activity is licensed;
1421          (4) manufacture, distribute, sell, deliver, hold, store, or offer for sale any adulterated or
1422     misbranded dairy product;
1423          (5) manufacture, distribute, sell, deliver, hold, store, or offer for sale any dairy product
1424     without a license, permit, or certificate required by this chapter;
1425          (6) sell or offer for sale any milk not intended for human consumption unless it is
1426     denatured or decharacterized in accordance with the rules of the department;
1427          (7) manufacture, distribute, sell, or offer for sale any filled milk labeled as milk or as a
1428     dairy product;
1429          (8) keep any animals with brucellosis, tuberculosis, or other infectious or contagious

1430     diseases communicable to humans in any place where they may come in contact with cows or
1431     other milking animals;
1432          (9) draw milk for human food from cows or other milking animals that are infected
1433     with tuberculosis, running sores, communicable diseases, or from animals that are fed feed that
1434     will produce milk that is adulterated;
1435          (10) accept or process milk from any producer without verification that the producer
1436     holds a valid permit or certification or, if milk is accepted from out of the state, without
1437     verification that the producer holds a permit or certification from the appropriate regulatory
1438     agency of that state;
1439          (11) use any contaminated or unclean equipment or container to process, manufacture,
1440     distribute, deliver, or sell a dairy product;
1441          (12) remove, change, conceal, erase, or obliterate any mark or tag placed upon any
1442     equipment, tank, or container by the department except to clean and sanitize it;
1443          (13) use any tank or container used for the transportation of milk or other dairy
1444     products that is unclean or contaminated;
1445          (14) refuse to allow the department to take samples for testing; or
1446          (15) prohibit adding vitamin compounds in the processing of milk and dairy products
1447     in accordance with rules of the department.
1448          Section 42. Section 4-3-402, which is renumbered from Section 4-3-11 is renumbered
1449     and amended to read:
1450          [4-3-11].      4-3-402. Processors, manufacturers, or distributors -- Unlawful to
1451     give money, equipment, or fixtures to retailer or consumer -- Exceptions -- Shelf space for
1452     dairy products.
1453          (1) As used in this section:
1454          (a) "liquid dairy product" means a milk container which contains a pint of milk or less;
1455     and
1456          (b) "novelty ice cream" means a package or container of ice cream which contains
1457     eight fluid ounces or less.

1458          (2) Except as provided in Subsections (3) and (4), no processor, manufacturer,
1459     distributor, or his affiliates, subsidiaries, associates, agents or stockholders shall furnish,
1460     service, repair, give, lease, sell, or loan to a retailer or consumer any:
1461          (a) money;
1462          (b) equipment;
1463          (c) fixtures, including ice cream cabinets or bulk milk dispensers;
1464          (d) supplies, excluding expendable supplies commonly provided in connection with the
1465     sale of dairy products to a consumer; or
1466          (e) other things having a real or substantial value.
1467          (3) (a) Ice cream cabinets may be loaned or sold to a retailer if the ice cream cabinet:
1468          (i) is portable;
1469          (ii) has a storage capacity not exceeding 12 cubic feet; and
1470          (iii) is used solely for retail display sales of novelty ice cream.
1471          (b) Milk coolers may be loaned or sold to a retailer if the milk cooler:
1472          (i) is portable;
1473          (ii) has a storage capacity not exceeding 12 cubic feet; and
1474          (iii) is used solely for retail display sales of liquid dairy products.
1475          (4) The leasing or renting of cabinets, dispensers, or coolers for dairy products for civic
1476     affairs, demonstrations, or exhibits is prohibited unless it is for a period of 10 days or less in
1477     any one period of three consecutive months.
1478          (5) (a) Except as provided in Subsections (5)(b) and (5)(c), no retailer shall lease, sell,
1479     or loan shelf or refrigerator space for dairy products to a processor, manufacturer, or distributor
1480     or receive anything of value from a processor, manufacturer, or distributor in exchange for
1481     shelf or refrigerator space for dairy products.
1482          (b) Subsection (5)(a) does not apply to a dairy by-product that is:
1483          (i) a short-term special; or
1484          (ii) a new product being introduced on a trial basis for a period not to exceed 45 days.
1485          (c) A processor, manufacturer, or distributor may loan or sell an ice cream cabinet or

1486     milk cooler to a retailer for the display of the processor's, manufacturer's, or distributor's
1487     products, if the ice cream cabinet or milk cooler meets the requirements of Subsection (3).
1488          Section 43. Section 4-3-403, which is renumbered from Section 4-3-12 is renumbered
1489     and amended to read:
1490          [4-3-12].      4-3-403. Injunctions -- Bond not required -- Standing to maintain
1491     private action -- Damages authorized.
1492          (1) (a) The commissioner is authorized to apply to any court of competent jurisdiction
1493     for a temporary restraining order or injunction restraining any person from violating this
1494     chapter.
1495          (b) No bond shall be required of the department in any proceeding brought under this
1496     subsection.
1497          (2) (a) In addition to penalties provided in this chapter, any person who suffers or is
1498     threatened with injury from any existing or threatened violation of Section [4-3-11] 4-3-402
1499     may commence an action in any court of competent jurisdiction for damages and, if proper,
1500     injunctive relief.
1501          (b) Any organized and existing trade association, whether incorporated or not, is
1502     authorized to institute and prosecute a suit for injunctive relief and damages, as the real party in
1503     interest, on behalf of one or more of its members if the violation of Section [4-3-11] 4-3-402
1504     directly or indirectly affects a member.
1505          Section 44. Section 4-3-501, which is renumbered from Section 4-3-1.3 is renumbered
1506     and amended to read:
1507     
Part 5. Special Programs

1508          [4-3-1.3].      4-3-501. Cow share program notification.
1509          (1) A producer who is in a cow-share program, as defined in Section [4-3-1] 4-3-102,
1510     shall notify the department of the cow-share program and include in the notification:
1511          (a) the producer's name; and
1512          (b) a valid, current address of the farm on which the milk producing hoofed mammal in
1513     the cow-share program is located.

1514          (2) Upon receipt, the department shall keep a notification of a cow-share program
1515     described in Subsection (1) on file.
1516          Section 45. Section 4-3-502, which is renumbered from Section 4-3-13 is renumbered
1517     and amended to read:
1518          [4-3-13].      4-3-502. Exemption.
1519          (1) This chapter does not apply to milk or milk products produced on the farm if such
1520     milk or milk products are used by:
1521          (a) the owner of the farm;
1522          (b) a member of the owner's immediate family;
1523          (c) a participant in a cow-share program; or
1524          (d) a member of a participant in a cow-share program's immediate family.
1525          (2) The department may not adopt a rule that restricts, limits, or imposes additional
1526     requirements on an individual obtaining:
1527          (a) raw milk in accordance with the terms of a cow-share program agreement; or
1528          (b) an interest in a cow-share program in accordance with the terms of the cow-share
1529     program agreement.
1530          Section 46. Section 4-3-503, which is renumbered from Section 4-3-14 is renumbered
1531     and amended to read:
1532          [4-3-14].      4-3-503. Sale of raw milk -- Suspension of producer's permit --
1533     Severability not permitted.
1534          (1) As used in this section:
1535          (a) "Batch" means all the milk emptied from one bulk tank and bottled in a single day.
1536          (b) "Self-owned retail store" means a retail store:
1537          (i) of which the producer owns at least 51% of the value of the real property and
1538     tangible personal property used in the operations of the retail store; or
1539          (ii) for which the producer has the power to vote at least 51% of any class of voting
1540     shares or ownership interest in the business entity that operates the retail store.
1541          (2) Raw milk may be manufactured, distributed, sold, delivered, held, stored, or offered

1542     for sale if:
1543          (a) the producer obtains a permit from the department to produce milk under
1544     Subsection [4-3-8] 4-3-301(5);
1545          (b) the sale and delivery of the milk is made upon the premises where the milk is
1546     produced, except as provided by Subsection (3);
1547          (c) the raw milk is sold to consumers for household use and not for resale;
1548          (d) the raw milk is bottled or packaged under sanitary conditions and in sanitary
1549     containers on the premises where the raw milk is produced;
1550          (e) the raw milk is labeled "raw milk" and meets the labeling requirements under 21
1551     C.F.R. Parts 101 and 131 and rules established by the department;
1552          (f) the raw milk is:
1553          (i) cooled to 50 degrees Fahrenheit or a lower temperature within one hour after being
1554     drawn from the animal;
1555          (ii) further cooled to 41 degrees Fahrenheit within two hours of being drawn from the
1556     animal; and
1557          (iii) maintained at 41 degrees Fahrenheit or a lower temperature until the raw milk is
1558     delivered to the consumer;
1559          (g) the bacterial count of the raw milk does not exceed 20,000 colony forming units per
1560     milliliter;
1561          (h) the coliform count of the raw milk does not exceed 10 colony forming units per
1562     milliliter;
1563          (i) the production of the raw milk conforms to departmental rules for the production of
1564     grade A milk;
1565          (j) all dairy animals on the premises are:
1566          (i) permanently and individually identifiable; and
1567          (ii) free of tuberculosis, brucellosis, and other diseases carried through milk; and
1568          (k) any person on the premises performing any work in connection with the production,
1569     bottling, handling, or sale of the raw milk is free from communicable disease.

1570          (3) A producer may distribute, sell, deliver, hold, store, or offer for sale raw milk at a
1571     self-owned retail store, which is properly staffed, if, in addition to the requirements of
1572     Subsection (2), the producer:
1573          (a) transports the raw milk from the premises where the raw milk is produced to the
1574     self-owned retail store in a refrigerated truck where the raw milk is maintained at 41 degrees
1575     Fahrenheit or a lower temperature;
1576          (b) retains ownership of the raw milk until it is sold to the final consumer, including
1577     transporting the raw milk from the premises where the raw milk is produced to the self-owned
1578     retail store without any:
1579          (i) intervening storage;
1580          (ii) change of ownership; or
1581          (iii) loss of physical control;
1582          (c) stores the raw milk at 41 degrees Fahrenheit or a lower temperature in a display
1583     case equipped with a properly calibrated thermometer at the self-owned retail store;
1584          (d) places a sign above each display case that contains raw milk at the self-owned retail
1585     store that:
1586          (i) is prominent;
1587          (ii) is easily readable by a consumer;
1588          (iii) reads in print that is no smaller than .5 inches in bold type, "This milk is raw and
1589     unpasteurized. Please keep refrigerated"; and
1590          (iv) meets any other requirement established by the department by rule;
1591          (e) labels the raw milk with:
1592          (i) a date, no more than nine days after the raw milk is produced, by which the raw
1593     milk should be sold;
1594          (ii) the statement "Raw milk, no matter how carefully produced, may be unsafe.";
1595          (iii) handling instructions to preserve quality and avoid contamination or spoilage;
1596          (iv) by January 1, 2017, a specific colored label as determined by the department by
1597     rule; and

1598          (v) any other information required by rule;
1599          (f) refrains from offering the raw milk for sale until:
1600          (i) the department or a third party certified by the department tests each batch of raw
1601     milk for standard plate count and coliform count; and
1602          (ii) the test results meet the minimum standards established for those tests;
1603          (g) (i) maintains a database of the raw milk sales; and
1604          (ii) makes the database available to the Department of Health during the self-owned
1605     retail store's business hours for purposes of epidemiological investigation;
1606          (h) ensures that the plant and retail store complies with [Title 4,] Chapter 5, Utah
1607     Wholesome Food Act, and the rules governing food establishments enacted under Section
1608     [4-5-9] 4-5-401; and
1609          (i) complies with all applicable rules adopted as authorized by this chapter.
1610          (4) A producer may distribute, sell, deliver, hold, store, or offer for sale raw milk and
1611     pasteurized milk at the same self-owned retail store if:
1612          (a) the self-owned retail store is properly staffed; and
1613          (b) the producer:
1614          (i) meets the requirements of Subsections (2) and (3);
1615          (ii) operates the self-owned retail store on the same property where the raw milk is
1616     produced; and
1617          (iii) maintains separate, labeled, refrigerated display cases for raw milk and pasteurized
1618     milk.
1619          (5) A person who conducts a test required by Subsection (3) shall send a copy of the
1620     test results to the department as soon as the test results are available.
1621          (6) (a) The department shall adopt rules, as authorized by Section [4-3-2] 4-3-201,
1622     governing the sale of raw milk at a self-owned retail store.
1623          (b) The rules adopted by the department shall include rules regarding:
1624          (i) permits;
1625          (ii) building and premises requirements;

1626          (iii) sanitation and operating requirements, including bulk milk tanks requirements;
1627          (iv) additional tests;
1628          (v) frequency of inspections, including random cooler checks;
1629          (vi) recordkeeping; and
1630          (vii) packaging and labeling.
1631          (c) (i) The department shall establish and collect a fee for the tests and inspections
1632     required by this section and by rule in accordance with Section 63J-1-504.
1633          (ii) Notwithstanding Section 63J-1-504, the department shall retain the fees as
1634     dedicated credits and may only use the fees to administer and enforce this section.
1635          (7) (a) The department shall suspend a permit issued under Section [4-3-8] 4-3-301 if:
1636          (i) two out of four consecutive samples or two samples in a 30-day period violate
1637     sample limits established under this section; or
1638          (ii) a producer violates a provision of this section or a rule adopted as authorized by
1639     this section.
1640          (b) The department may reissue a permit that has been suspended under Subsection
1641     (7)(a) if the producer has complied with all of the requirements of this section and rules
1642     adopted as authorized by this section.
1643          [(8) For 2014 and 2015, the Department of Health and the Department of Agriculture
1644     and Food shall report on or before November 30th to the Natural Resources, Agriculture, and
1645     Environment Interim Committee on any health problems resulting from the sale of raw whole
1646     milk at self-owned retail stores.]
1647          [(9)] (8) (a) If any subsection of this section or the application of any subsection to any
1648     person or circumstance is held invalid by a final decision of a court of competent jurisdiction,
1649     the remainder of the section may not be given effect without the invalid subsection or
1650     application.
1651          (b) The provisions of this section may not be severed.
1652          Section 47. Section 4-4-101, which is renumbered from Section 4-4-1 is renumbered
1653     and amended to read:

1654     
CHAPTER 4. EGGS

1655          [4-4-1].      4-4-101. Title.
1656          [The department shall establish grades and standards of quality, size, and weight
1657     governing the sale of eggs.] This chapter is known as "Eggs."
1658          Section 48. Section 4-4-102, which is renumbered from Section 4-4-2 is renumbered
1659     and amended to read:
1660          [4-4-2].      4-4-102. Department to establish egg grades and standards --
1661     Authority to make and enforce rules.
1662          (1) The department shall establish grades and standards of quality, size, and weight
1663     governing the sale of eggs.
1664          (2) The department [is authorized] shall, subject to Title 63G, Chapter 3, Utah
1665     Administrative Rulemaking Act, [to] make and enforce [such] rules [as in its judgment] that
1666     are necessary to administer and enforce this chapter.
1667          Section 49. Section 4-4-103, which is renumbered from Section 4-4-3 is renumbered
1668     and amended to read:
1669          [4-4-3].      4-4-103. Definitions.
1670          As used in this chapter:
1671          (1) "Addled" or "white rot" means putrid or rotten.
1672          (2) "Adherent yolk" means the yolk has settled to one side and become fastened to the
1673     shell.
1674          (3) "Albumen" means the white of an egg.
1675          [(3)] (4) "Black rot" means the egg has deteriorated to such an extent that the whole
1676     interior presents a blackened appearance.
1677          [(4)] (5) "Black spot" means [mould] mold or bacteria have developed in isolated areas
1678     inside the shell.
1679          [(5)] (6) "Blood ring" means bacteria have developed to such an extent that blood is
1680     formed.
1681          [(6)] (7) "Candling" means the act of determining the condition of an egg by holding it

1682     before a strong light in such a way that [it] the light shines through the egg and reveals [its] the
1683     egg's contents.
1684          [(7) "Mouldy" means mould]
1685          (8) "Moldy" means mold spores have formed within the shell.
1686          Section 50. Section 4-4-104, which is renumbered from Section 4-4-4 is renumbered
1687     and amended to read:
1688          [4-4-4].      4-4-104. Unlawful acts specified.
1689          (1) It is unlawful for any person to sell, offer, or expose [any egg] for sale for human
1690     consumption any egg:
1691          (a) that is addled or [mouldy] moldy or that contains black spot, black rot, white rot,
1692     blood ring, adherent yolk, or a bloody or green [white, also called] albumen; or
1693          (b) without a sign or label that conforms to the standards for display and grade adopted
1694     by the department.
1695          (2) Nothing in this section [shall prohibit] prohibits the sale of a denatured [eggs] egg.
1696          Section 51. Section 4-4-105, which is renumbered from Section 4-4-5 is renumbered
1697     and amended to read:
1698          [4-4-5].      4-4-105. Maintenance of candling records -- Inspection of records.
1699          [Every] (1) A person who sells, offers, or exposes eggs for sale or exchange shall
1700     maintain candling records as prescribed by the department.
1701          (2) All candling records shall be open for examination by accredited inspectors or
1702     representatives of the department at reasonable times.
1703          Section 52. Section 4-4-106, which is renumbered from Section 4-4-6 is renumbered
1704     and amended to read:
1705          [4-4-6].      4-4-106. Retailers exempt from prosecution -- Conditions for
1706     exemption.
1707          [No] (1) Subject to Subsection (2), no retailer is subject to prosecution under this
1708     chapter if the retailer can establish that:
1709          (a) at the time [the eggs were] an egg was purchased the seller guaranteed that the

1710     [eggs] egg conformed to the grade [and], quality [and], size, and weight stated in the purchase
1711     invoice; and [that]
1712          (b) the [eggs were] egg was labeled for sale by the retailer in accordance with the
1713     purchase invoice[; provided, that such guaranty].
1714          (2) The guaranty by the seller described in Subsection (1)(a) does not exempt a retailer
1715     from prosecution if the [eggs] egg covered by the guaranty deteriorated to a lower grade or
1716     standard through some action or inaction of the retailer.
1717          Section 53. Section 4-5-101, which is renumbered from Section 4-5-1 is renumbered
1718     and amended to read:
1719     
CHAPTER 5. UTAH WHOLESOME FOOD ACT

1720     
Part 1. Administration

1721          [4-5-1].      4-5-101. Title.
1722          This chapter is known as the "Utah Wholesome Food Act."
1723          Section 54. Section 4-5-102, which is renumbered from Section 4-5-2 is renumbered
1724     and amended to read:
1725          [4-5-2].      4-5-102. Definitions.
1726          As used in this chapter:
1727          (1) "Advertisement" means a representation, other than by labeling, made to induce the
1728     purchase of food.
1729          (2) (a) "Color additive":
1730          (i) means a dye, pigment, or other substance not exempted under the federal act that,
1731     when added or applied to a food, is capable of imparting color[. "Color"]; and
1732          (ii) includes black, white, and intermediate grays.
1733          (b) "Color additive" does not include a pesticide chemical, soil or plant nutrient, or
1734     other agricultural chemical which imparts color solely because of its effect, before or after
1735     harvest, in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or other
1736     natural physiological process of any plant life.
1737          (3) (a) "Consumer commodity" means a food, as defined by this act, or by the federal

1738     act.
1739          (b) "Consumer commodity" does not include:
1740          (i) a commodity subject to packaging or labeling requirements imposed under the
1741     Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Sec. 136 et seq.;
1742          (ii) a commodity subject to Title 4, Chapter 16, Utah Seed Act;
1743          (iii) a meat or meat product subject to the Federal Meat Inspection Act, 21 U.S.C. Sec.
1744     601 et seq.;
1745          (iv) a poultry or poultry product subject to the Poultry Inspection Act, 21 U.S.C. Sec.
1746     451 et seq.;
1747          (v) a tobacco or tobacco product; or
1748          (vi) a beverage subject to or complying with packaging or labeling requirements
1749     imposed under the Federal Alcohol Administration Act, 27 U.S.C. Sec. 201 et seq.
1750          (4) "Contaminated" means not securely protected from dust, dirt, or foreign or
1751     injurious agents.
1752          (5) "Farmers market" means a market where producers of food products sell only fresh,
1753     raw, whole, unprocessed, and unprepared food items directly to the final consumer.
1754          (6) "Federal act" means the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301
1755     et seq.
1756          (7) "Food" means:
1757          (a) an article used for food or drink for human or animal consumption or the
1758     components of the article;
1759          (b) chewing gum or its components; or
1760          (c) a food supplement for special dietary use which is necessitated because of a
1761     physical, physiological, pathological, or other condition.
1762          (8) (a) "Food additive" means a substance, the intended use of which results in the
1763     substance becoming a component, or otherwise affecting the characteristics, of a food.
1764          (b) (i) "Food additive" includes a substance or source of radiation intended for use in
1765     producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or

1766     holding food.
1767          [(b)] (ii) "Food additive" does not include:
1768          [(i)] (A) a pesticide chemical in or on a raw agricultural commodity;
1769          [(ii)] (B) a pesticide chemical that is intended for use or is used in the production,
1770     storage, or transportation of a raw agricultural commodity; or
1771          [(iii)] (C) a substance used in accordance with a sanction or approval granted pursuant
1772     to the Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq. or the Federal Meat
1773     Inspection Act, 21 U.S.C. Sec. 601 et seq.
1774          (9) (a) "Food establishment" means a grocery store, bakery, candy factory, food
1775     processor, bottling plant, sugar factory, cannery, rabbit processor, meat processor, flour mill,
1776     cold or dry warehouse storage, or other facility where food products are manufactured, canned,
1777     processed, packaged, stored, transported, prepared, sold, or offered for sale.
1778          (b) "Food establishment" does not include:
1779          (i) a dairy farm, a dairy plant, or a meat establishment, which is subject to the Poultry
1780     Products Inspection Act, 21 U.S.C. Sec. 451 et seq., or the Federal Meat Inspection Act, 21
1781     U.S.C. Sec. 601 et seq.; or
1782          (ii) a farmers market.
1783          (10) "Label" means a written, printed, or graphic display on the immediate container of
1784     an article of food. [The department may require that a label contain specific written, printed, or
1785     graphic information which is:]
1786          [(a) displayed on the outside container or wrapper of a retail package of an article; or]
1787          [(b) easily legible through the outside container or wrapper.]
1788          (11) "Labeling" means a label and other written, printed, or graphic display:
1789          (a) on an article of food or its containers or wrappers; or
1790          (b) accompanying the article of food.
1791          (12) "Official compendium" means the official documents or supplements to the:
1792          (a) United States Pharmacopoeia;
1793          (b) National Formulary; or

1794          (c) Homeopathic Pharmacopoeia of the United States.
1795          (13) (a) "Package" means a container or wrapping in which a consumer commodity is
1796     enclosed for use in the delivery or display of the consumer commodity to retail purchasers.
1797          (b) "Package" does not include:
1798          (i) package liners;
1799          (ii) shipping containers or wrapping used solely for the transportation of consumer
1800     commodities in bulk or in quantity to manufacturers, packers, processors, or wholesale or retail
1801     distributors; or
1802          (iii) shipping containers or outer wrappings used by retailers to ship or deliver a
1803     consumer commodity to retail customers, if the containers and wrappings bear no printed
1804     information relating to the consumer commodity.
1805          (14) (a) "Pesticide" means a substance intended:
1806          (i) to prevent, destroy, repel, or mitigate a pest, as defined under Subsection [4-14-2]
1807     4-14-102(20); or
1808          (ii) for use as a plant regulator, defoliant, or desicant.
1809          (b) "Pesticide" does not include:
1810          (i) a new animal drug, as defined by 21 U.S.C. Sec. 321, that has been determined by
1811     the United States Secretary of Health and Human Services not to be a new animal drug by
1812     federal regulation establishing conditions of use of the drug; or
1813          (ii) animal feed, as defined by 21 U.S.C. Sec. 321, bearing or containing a new animal
1814     drug.
1815          (15) "Principal display panel" means that part of a label that is most likely to be
1816     displayed, presented, shown, or examined under normal and customary conditions of display
1817     for retail sale.
1818          (16) "Raw agricultural commodity" means a food in its raw or natural state, including
1819     all fruits that are washed, colored, or otherwise treated in their unpeeled, natural form prior to
1820     marketing.
1821          (17) "Registration" means the issuance of a certificate by the commissioner to a

1822     qualified food establishment.
1823          Section 55. Section 4-5-103, which is renumbered from Section 4-5-7 is renumbered
1824     and amended to read:
1825          [4-5-7].      4-5-103. Adulterated food specified.
1826          A food is adulterated:
1827          (1) (a) if it bears or contains any poisonous or deleterious substance that may render it
1828     injurious to health; but in case the substance is not an added substance the food may not be
1829     considered adulterated under this Subsection (1)(a) if the quantity of the substance in such food
1830     does not ordinarily render it injurious to health;
1831          (b) (i) if it bears or contains any added poisonous or added deleterious substance other
1832     than one that is:
1833          (A) a pesticide chemical in or on a raw agricultural commodity;
1834          (B) a food additive; or
1835          (C) a color additive that is unsafe within the meaning of Subsection [4-5-11]
1836     4-5-204(1); or
1837          (ii) if it is a raw agricultural commodity and it bears or contains a pesticide chemical
1838     that is unsafe within the meaning of 21 U.S.C. Sec. 346a; or
1839          (iii) if it is or it bears or contains any food additive that is unsafe within the meaning of
1840     21 U.S.C. Sec. 348; provided that where a pesticide chemical has been used in or on a raw
1841     agricultural commodity in conformity with an exemption granted or tolerance prescribed under
1842     21 U.S.C. 346a and the raw agricultural commodity has been subjected to processing such as
1843     canning, cooking, freezing, dehydrating, or milling the residue of such pesticide chemical
1844     remaining in or on such processed food shall, notwithstanding the provisions of Section
1845     [4-5-11] 4-5-204 and this Subsection (1)(b)(iii), not be considered unsafe if such residue in or
1846     on the raw agricultural commodity has been removed to the extent possible in good
1847     manufacturing practice, and the concentration of such residue in the processed food when ready
1848     to eat is not greater than the tolerance prescribed for the raw agricultural commodity;
1849          (c) if it consists in whole or in part of a diseased, contaminated, filthy, putrid, or

1850     decomposed substance, or if it is otherwise unfit for food;
1851          (d) if it has been produced, prepared, packed, or held under unsanitary conditions
1852     whereby it may have become contaminated with filth, or whereby it may have been rendered
1853     diseased, unwholesome, or injurious to health;
1854          (e) if it is, in whole or in part, the product of a diseased animal or an animal that has
1855     died otherwise than by slaughter, or of an animal that has been fed upon the uncooked offal
1856     from a slaughterhouse;
1857          (f) if its container is composed, in whole or in part, of any poisonous or deleterious
1858     substance that may render the contents injurious to health;
1859          (g) if it has been intentionally subjected to radiation, unless the use of the radiation was
1860     in conformity with a rule or exemption in effect pursuant to Section [4-5-11] 4-5-204, or 21
1861     U.S.C. Sec. 348; or
1862          (h) in meat or meat products are adulterated:
1863          (i) if such products are in casings, packages, or wrappers through which any part of
1864     their contents can be seen and which, or the markings of which, are colored red or any other
1865     color so as to be misleading or deceptive with respect to the color, quality, or kind of such
1866     products to which they are applied; or
1867          (ii) if such products contain or bear any color additive;
1868          (2) (a) if any valuable constituent has been in whole or in part omitted or abstracted
1869     therefrom;
1870          (b) if any substance has been substituted wholly or in part therefor;
1871          (c) if damage or inferiority has been concealed in any manner; or
1872          (d) if any substance has been added or mixed or packed therewith so as to increase its
1873     bulk or weight, or reduce its quality or strength or make it appear better or of greater value than
1874     it is; or
1875          (3) if it is confectionery, and:
1876          (a) has partially or completely imbedded therein any nonnutritive object; provided that
1877     this Subsection (3)(a) does not apply in the case of any nonnutritive objective if, in the

1878     judgment of the department such object is of practical functional value to the confectionery
1879     product and would not render the product injurious or hazardous to health;
1880          (b) bears or contains any alcohol other than alcohol not in excess of .05% by volume
1881     derived solely from the use of flavoring extracts; or
1882          (c) bears or contains any nonnutritive substance; provided, that this Subsection (3)(c)
1883     does not apply to a safe nonnutritive substance that is in or on confectionery by reason of its
1884     use for some practical functional purpose in the manufacture, packaging, or storing of such
1885     confectionery if the use of the substance does not promote deception of the consumer or
1886     otherwise result in adulteration or misbranding in violation of this chapter.
1887          (4) The department may, for the purpose of avoiding or resolving uncertainty as to the
1888     application of Subsection (3)(c), issue rules allowing or prohibiting the use of particular
1889     nonnutritive substances.
1890          Section 56. Section 4-5-104, which is renumbered from Section 4-5-17 is renumbered
1891     and amended to read:
1892          [4-5-17].      4-5-104. Authority to make and enforce rules.
1893          (1) The department may adopt rules to efficiently enforce this chapter, and if
1894     practicable, adopt rules that conform to the regulations adopted under the Federal Food, Drug,
1895     and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
1896          (2) Hearings authorized or required by this chapter shall be conducted by the
1897     department or by an officer, agent, or employee designated by the department.
1898          (3) (a) Except as provided by Subsection (3)(b), all pesticide chemical regulations and
1899     their amendments now or hereafter adopted under authority of the Federal Food, Drug, and
1900     Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the pesticide chemical regulations in this state.
1901          (b) The department may adopt a rule that prescribes tolerance for pesticides in finished
1902     foods in this state whether or not in accordance with regulations promulgated under the federal
1903     act.
1904          (4) (a) Except as provided by Subsection (4)(b), all food additive regulations and their
1905     amendments now or hereafter adopted under authority of the Federal Food, Drug, and

1906     Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the food additive regulations in this state.
1907          (b) The department may adopt a rule that prescribes conditions under which a food
1908     additive may be used in this state whether or not in accordance with regulations promulgated
1909     under the federal act.
1910          (5) All color additive regulations adopted under authority of the Federal Food, Drug,
1911     and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the color additive rules in this state.
1912          (6) (a) Except as provided by Subsection (6)(b), all special dietary use regulations
1913     adopted under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et
1914     seq., are the special dietary use rules in this state.
1915          (b) The department may, if it finds it necessary to inform purchasers of the value of a
1916     food for special dietary use, prescribe special dietary use rules whether or not in accordance
1917     with regulations promulgated under the federal act.
1918          (7) (a) Except as provided by Subsection (7)(b), all regulations adopted under the Fair
1919     Packaging and Labeling Act, 15 U.S.C. Sec. 1453 et seq., shall be the rules in this state.
1920          (b) Except as provided by Subsection (7)(c), the department may, if it finds it necessary
1921     in the interest of consumers, prescribe package and labeling rules for consumer commodities,
1922     whether or not in accordance with regulations promulgated under the federal act.
1923          (c) The department may not adopt rules that are contrary to the labeling requirements
1924     for the net quantity of contents required according to 15 U.S.C. Sec. 1453(a)(4).
1925          (8) (a) A federal regulation automatically adopted according to this chapter takes effect
1926     in this state on the date it becomes effective as a federal regulation.
1927          (b) The department shall publish all other proposed rules in publications prescribed by
1928     the department.
1929          (c) (i) A person who may be adversely affected by a rule may, within 30 days after a
1930     federal regulation is automatically adopted, or within 30 days after publication of any other
1931     rule, file with the department, in writing, objections and a request for a hearing.
1932          (ii) The timely filing of substantial objections to a federal regulation automatically
1933     adopted stays the effect of the rule.

1934          (d) (i) If no substantial objections are received and no hearing is requested within 30
1935     days after publication of a proposed rule, it shall take effect on a date set by the department.
1936          (ii) The effective date shall be at least 60 days after the time for filing objections has
1937     expired.
1938          (e) (i) If timely substantial objections are made to a federal regulation within 30 days
1939     after it is automatically adopted or to a proposed rule within 30 days after it is published, the
1940     department, after notice, shall conduct a public hearing to receive evidence on the issues raised
1941     by the objections.
1942          (ii) Any interested person or [his] the person's representative may be heard.
1943          (f) (i) The department shall act upon objections by order and shall mail the order to
1944     objectors by certified mail as soon after the hearing as practicable.
1945          (ii) The order shall be based on substantial evidence in the record of the hearing.
1946          (g) (i) If the order concerns a proposed rule, it may withdraw it or set an effective date
1947     for the rule as published or as modified by the order.
1948          (ii) The effective date shall be at least 60 days after publication of the order.
1949          (9) Whenever a regulation is promulgated under authority of the Federal Food, Drug,
1950     and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., establishing standards for food, the tolerances
1951     established by the department under this chapter shall immediately conform to the standards
1952     established by the Federal Food and Drug Administration as herein provided and shall remain
1953     the same until the department determines that for reasons peculiar to Utah a different rule
1954     should apply.
1955          Section 57. Section 4-5-105, which is renumbered from Section 4-5-18 is renumbered
1956     and amended to read:
1957          [4-5-18].      4-5-105. Inspection of premises and records -- Authority to take
1958     samples -- Inspection results reported.
1959          (1) An authorized agent of the department upon presenting appropriate credentials to
1960     the owner, operator, or agent in charge, may:
1961          (a) enter at reasonable times any factory, warehouse, or establishment in which food is

1962     manufactured, processed, packed, or held for introduction into commerce or after introduction
1963     into commerce;
1964          (b) enter any vehicle being used to transport or hold food in commerce;
1965          (c) inspect at reasonable times and within reasonable limits and in a reasonable manner
1966     any factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and
1967     unfinished materials, containers, and labeling located within it;
1968          (d) obtain samples necessary for the enforcement of this chapter so long as the
1969     department pays the posted price for the sample if requested to do so and receives a signed
1970     receipt from the person from whom the sample is taken;
1971          (e) have access to and copy all records of carriers in commerce showing:
1972          (i) the movement in commerce of any food;
1973          (ii) the holding of food during or after movement in commerce; and
1974          (iii) the quantity, shipper, and consignee of food.
1975          (2) Evidence obtained under this section may not be used in a criminal prosecution of
1976     the person from whom the evidence was obtained.
1977          (3) Carriers may not be subject to the other provisions of this chapter by reason of their
1978     receipt, carriage, holding, or delivery of food in the usual course of business as carriers.
1979          (4) Upon completion of the inspection of a factory, warehouse, consulting laboratory,
1980     or other establishment and prior to leaving the premises, the authorized agent making the
1981     inspection shall give to the owner, operator, or agent in charge a report in writing setting forth
1982     any conditions or practices observed by him which in his judgment indicate that any food in the
1983     establishment:
1984          (a) consists in whole or in part of any filthy, putrid, or decomposed substance; or
1985          (b) has been prepared, packed, or held under unsanitary conditions whereby it may
1986     have become contaminated with filth or whereby it may have been rendered injurious to health.
1987          (5) A copy of the report shall be sent promptly to the department.
1988          (6) If the authorized agent making the inspection of a factory, warehouse, or other
1989     establishment has obtained any sample in the course of the inspection, the agent shall give to

1990     the owner, operator, or agent in charge a receipt describing the samples obtained.
1991          (7) When in the course of the inspection the officer or employee making the inspection
1992     obtains a sample of any food and an analysis is made of the sample for the purpose of
1993     ascertaining whether the food consists in whole or in part of any filthy, putrid, or decomposed
1994     substance or is otherwise unfit for food, a copy of the results of the analysis shall be furnished
1995     promptly to the owner, operator, or agent in charge.
1996          Section 58. Section 4-5-106, which is renumbered from Section 4-5-19 is renumbered
1997     and amended to read:
1998          [4-5-19].      4-5-106. Publication of reports and information.
1999          (1) The department shall publish reports summarizing all judgments, decrees, and court
2000     orders which have been rendered under this chapter, including the nature of the charge and its
2001     disposition.
2002          (2) The department shall disseminate information regarding food which it considers
2003     necessary in the interest of public health and for the protection of consumers against fraud.
2004          (3) Nothing in this section [shall be construed to prohibit] prohibits the department
2005     from collecting, reporting, and illustrating the results of investigations made by [it] the
2006     department.
2007          Section 59. Section 4-5-201, which is renumbered from Section 4-5-8 is renumbered
2008     and amended to read:
2009     
Part 2. Labels and Regulations

2010          [4-5-8].      4-5-201. Labeling requirements -- Misbranded food specified.
2011          (1) The department may require that a label contain specific written, printed, or graphic
2012     information which is:
2013          (a) displayed on the outside container or wrapper of a retail package of an article; or
2014          (b) easily legible through the outside container or wrapper.
2015          [(1)] (2) Food is misbranded if:
2016          (a) its label is false or misleading in any way;
2017          (b) its labeling or packaging fails to conform with the requirements of Section [4-5-15]

2018     4-5-205;
2019          (c) it is offered for sale under the name of another food;
2020          (d) its container is so made, formed, or filled with packing material or air as to be
2021     misleading; or
2022          (e) it fails to conform with any requirement specified in this section.
2023          [(2)] (3) A food that is an imitation of another food shall bear a label, in type of
2024     uniform size and prominence, stating the word "imitation," and, immediately thereafter, the
2025     name of the food imitated.
2026          [(3)] (4) (a) A food in package form shall bear a label containing:
2027          (i) the name and place of business of the manufacturer, packer, or distributor; and
2028          (ii) an accurate statement of the quantity of the contents in terms of weight, measure, or
2029     numerical count.
2030          (b) The statement required by Subsection [(3)] (4)(a)(ii) shall be separately and
2031     accurately stated in a uniform location upon the principal display panel of the label unless
2032     reasonable variations and exemptions for small packages are established by a rule made by the
2033     department.
2034          (c) A manufacturer or distributor of carbonated beverages who utilizes proprietary
2035     stock or a proprietary crown is exempt from Subsection [(3)] (4)(a)(i) if he files with the
2036     department:
2037          (i) a sworn affidavit giving a full and complete description of each area within the state
2038     in which beverages of his manufacturing or distributing are to be distributed; and
2039          (ii) the name and address of the person responsible for compliance with this chapter
2040     within each of those areas.
2041          [(4)] (5) Any word, statement, or other information required by this chapter to appear
2042     on the label or labeling shall be:
2043          (a) prominently placed on the label;
2044          (b) conspicuous in comparison with other words, statements, designs, or devices in the
2045     labeling; and

2046          (c) in terms which render it likely to be read and understood by the ordinary individual
2047     under customary conditions of purchase and use.
2048          [(5)] (6) If a food is represented as a food for which a definition and standard of
2049     identity has been prescribed by federal regulations or department rules as provided by Section
2050     [4-5-6] 4-5-207, it shall:
2051          (a) conform to the definition and standard; and
2052          (b) have a label bearing:
2053          (i) the name of the food specified in the definition and standard; and
2054          (ii) insofar as may be required by the rules, the common names of optional ingredients,
2055     other than spices, flavorings, and colorings, present in the food.
2056          [(6)] (7) If a food is represented as a food for which a standard of quality has been
2057     prescribed by federal regulations or department rules as provided by Section [4-5-6] 4-5-207,
2058     and its quality falls below the standard, its label shall bear, in the manner and form as the
2059     regulations or rules specify, a statement indicating that it falls below the standards.
2060          [(7)] (8) If a food is represented as a food for which a standard of fill of container has
2061     been prescribed by federal regulations or department rules as provided by Section [4-5-6]
2062     4-5-207, and it falls below the applicable standard of fill, its label shall bear, in the manner and
2063     form as the regulations or rules specify, a statement indicating that it falls below the standard.
2064          [(8)] (9) (a) Any food for which neither a definition nor standard of identity has been
2065     prescribed by federal regulations or department rules as provided by Section [4-5-6] 4-5-207
2066     shall bear labeling clearly giving:
2067          (i) the common or usual name of the food, if any; and
2068          (ii) in case it is fabricated from two or more ingredients, the common or usual name of
2069     each ingredient, except that spices, flavorings, and colorings, other than those sold as such,
2070     may be designated as spices, flavorings, and colorings without naming each.
2071          (b) To the extent that compliance with the requirements of Subsection [(8)] (9)(a)(ii) is
2072     impractical or results in deception or unfair competition, exemptions shall be established by
2073     rules made by the department.

2074          [(9)] (10) If a food is represented as a food for special dietary uses, its label shall bear
2075     the information concerning its vitamin, mineral, and other dietary properties as the department
2076     by rule prescribes.
2077          [(10)] (11) (a) If a food bears or contains any artificial flavoring, artificial coloring, or
2078     chemical preservatives, its label shall state that fact.
2079          (b) If compliance with the requirements of [this subsection] Subsection (11)(a) is
2080     impracticable, exemptions shall be established by rules made by the department.
2081          [(11)] (12) (a) The shipping container of any raw agricultural commodity bearing or
2082     containing a pesticide chemical applied after harvest shall bear labeling which declares the
2083     presence of the chemical in or on the commodity and the common or usual name and function
2084     of the chemical.
2085          (b) The declaration is not required while the commodity, having been removed from
2086     the shipping container, is being held or displaced for sale at retail out of the container in
2087     accordance with the custom of the trade.
2088          [(12)] (13) A product intended as an ingredient of another food, when used according
2089     to the directions of the purveyor, may not result in the final food product being adulterated or
2090     misbranded.
2091          [(13)] (14) The packaging and labeling of a color additive shall be in conformity with
2092     the packaging and labeling requirements applicable to the color additive prescribed under the
2093     federal act.
2094          [(14)] (15) (a) Subsections [(5), (8), and (10)] (6), (9), and (11) with respect to artificial
2095     coloring do not apply to butter, cheese, or ice cream.
2096          (b) Subsection [(10)] (11) with respect to chemical preservatives does not apply to a
2097     pesticide chemical when used in or on a raw agricultural commodity.
2098          Section 60. Section 4-5-202, which is renumbered from Section 4-5-5 is renumbered
2099     and amended to read:
2100          [4-5-5].      4-5-202. Adulterated or misbranded articles -- Tagging -- Detention
2101     or embargo -- Court proceedings for condemnation -- Perishable food.

2102          (1) (a) When an authorized agent of the department finds or has probable cause to
2103     believe that any food is adulterated, or so misbranded as to be dangerous or fraudulent within
2104     the meaning of this chapter, [he] the agents shall affix to the food a tag or other appropriate
2105     marking, giving notice that:
2106          (i) the food is, or is suspected of being, adulterated or misbranded;
2107          (ii) the food has been detained or embargoed; and
2108          (iii) removal of the food is prohibited as provided in Subsection (1)(b).
2109          (b) No person may remove or dispose of detained or embargoed food by sale or
2110     otherwise until permission for removal or disposal is given by an agent of the department or the
2111     court.
2112          (2) (a) When food detained or embargoed under Subsection (1) has been found by an
2113     agent to be adulterated or misbranded, the department shall petition the district court in whose
2114     jurisdiction the food is detained or embargoed for an order of condemnation of the food.
2115          (b) When the agent has found that food so detained or embargoed is not adulterated or
2116     misbranded, the department shall remove the tag or other marking.
2117          (3) (a) If the court finds that detained or embargoed food is adulterated or misbranded,
2118     the food shall, after entry of the decree, be destroyed under the supervision of the agent.
2119          (b) If the adulteration or misbranding can be corrected by proper labeling or processing
2120     of the food, the court may by order direct that the food be delivered to the claimant for labeling
2121     or processing after:
2122          (i) entry of the decree;
2123          (ii) all costs, fees, and expenses have been paid; and
2124          (iii) a sufficient bond, conditioned that the food shall be properly labeled and
2125     processed, has been executed.
2126          (c) An agent of the department shall supervise, at the claimant's expense, the labeling
2127     or processing of the food.
2128          (d) The bond shall be returned to the claimant of the food upon:
2129          (i) representation to the court by the department that the food is no longer in violation

2130     of this chapter; and
2131          (ii) the expenses of supervision have been paid.
2132          (4) If an authorized agent of the department finds in any building or vehicle any
2133     perishable food which is unsound, contains any filthy, decomposed, or putrid substance, or may
2134     be poisonous, deleterious to health, or otherwise unsafe, the commissioner or his authorized
2135     agent shall condemn or destroy the food or render it unsalable as human food.
2136          Section 61. Section 4-5-203, which is renumbered from Section 4-5-10 is renumbered
2137     and amended to read:
2138          [4-5-10].      4-5-203. Food processed, labeled, or repacked at another location --
2139     Exemption from labeling requirements by rule.
2140          (1) The department shall adopt rules exempting food from any labeling requirement of
2141     this chapter that is, in accordance with the practice of the trade, to be processed, labeled or
2142     repacked in substantial quantities at establishments other than those where originally processed
2143     or packed, on condition that the food is not adulterated or misbranded under this chapter upon
2144     removal from such processing, labeling or repacking establishment.
2145          (2) (a) Regulations now or hereafter adopted under authority of the Federal Food,
2146     Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., relating to the exemptions described in
2147     Subsection (1) are automatically effective in this state.
2148          (b) The department may adopt additional rules or amendments to existing rules
2149     concerning exemptions.
2150          Section 62. Section 4-5-204, which is renumbered from Section 4-5-11 is renumbered
2151     and amended to read:
2152          [4-5-11].      4-5-204. Substances considered unsafe -- Authority in department
2153     to regulate quantity and use.
2154          (1) (a) Any added poisonous or deleterious substance, any food additive, any pesticide
2155     chemical in or on a raw agricultural commodity or any color additive, with respect to any
2156     particular use or intended use, is considered to be unsafe for the purpose of application of
2157     Subsection [4-5-7] 4-5-103(1)(b) unless:

2158          (i) there is in effect a rule adopted pursuant to this section or Section [4-5-17] 4-5-104
2159     limiting the quantity of the substance; and
2160          (ii) the use or intended use of the substance conforms to the terms prescribed by the
2161     rule.
2162          (b) While the rules relating to the substance are in effect, a food may not, by reason of
2163     bearing or containing the substance in accordance with the rules, be considered adulterated
2164     within the meaning of Subsection [4-5-7] 4-5-103(1)(a).
2165          (2) The department may make rules, which may or may not be in accordance with
2166     regulations made under the federal act, prescribing:
2167          (a) tolerances, including zero tolerances, for:
2168          (i) added poisonous or deleterious substances;
2169          (ii) food additives;
2170          (iii) pesticide chemicals in or on raw agricultural commodities; or
2171          (iv) color additives;
2172          (b) exemptions from tolerances in the case of pesticide chemicals in or on raw
2173     agricultural commodities; or
2174          (c) conditions under which a food additive or a color additive may be safely used and
2175     exemptions when a food additive or color additive may be used solely for investigational or
2176     experimental purposes.
2177          (3) (a) The department may make these rules upon its own initiative or upon the
2178     petition of any interested party.
2179          (b) It is incumbent upon the petitioner to establish by data submitted to the department
2180     that the rule is necessary to protect the public health.
2181          (c) If the data furnished by the petitioner is not sufficient to allow the department to
2182     determine whether the rule should be made, the department may require additional data to be
2183     submitted.
2184          (d) Failure to comply with the request is sufficient grounds to deny the request.
2185          (4) In making the rules, the department shall consider, among other relevant factors,

2186     the following which the petitioner, if any, shall furnish:
2187          (a) the name and all pertinent information concerning the substance including:
2188          (i) where available;
2189          (ii) its chemical identity and composition;
2190          (iii) a statement of the conditions of the proposed use, including directions,
2191     recommendations, and suggestions;
2192          (iv) specimens of proposed labeling; and
2193          (v) all relevant data bearing on the physical or other technical effect and the quantity
2194     required to produce such effect;
2195          (b) the probable composition of any substance formed in or on a food resulting from
2196     the use of the substance;
2197          (c) the probable consumption of the substance in the diet of man and animals, taking
2198     into account any chemically or pharmacologically related substance in the diet;
2199          (d) safety factors which, in the opinion of experts qualified by scientific training and
2200     experience to evaluate the safety of the substances for the uses for which they are proposed to
2201     be used, are generally recognized as appropriate for the use of animal experimentation data;
2202          (e) the availability of any needed practicable methods of analysis for determining the
2203     identity and quantity of:
2204          (i) the substance in or on food;
2205          (ii) any substance formed in or on food because of the use of the substance; and
2206          (iii) the pure substance and all intermediates and impurities; and
2207          (f) facts supporting a contention that the proposed use of the substance will serve a
2208     useful purpose.
2209          Section 63. Section 4-5-205, which is renumbered from Section 4-5-15 is renumbered
2210     and amended to read:
2211          [4-5-15].      4-5-205. Consumer commodities -- Labeling and packaging.
2212          (1) All labels of consumer commodities, as defined by this chapter, shall conform with
2213     the requirements for the declaration of net quantity of contents of 15 U.S.C. Sec. 1453 and the

2214     regulations promulgated pursuant thereto: provided, that consumer commodities exempted
2215     from 15 U.S.C. Sec. 1453(a)(4) shall also be exempt from this Subsection (1).
2216          (2) The label of any package of a consumer commodity that bears a representation as to
2217     the number of servings of the commodity contained in the package shall bear a statement of the
2218     net quantity in terms of weight, measure, or numerical count for each serving.
2219          (3) (a) No person shall distribute or cause to be distributed in commerce any packaged
2220     consumer commodity if any qualifying words or phrases appear in conjunction with the
2221     separate statement of the net quantity of contents required by Subsection (1), but nothing in this
2222     section shall prohibit supplemental statements, at other places on the package, describing in
2223     nondeceptive terms the net quantity of contents.
2224          (b) Supplemental statements of net quantity of contents may not include any term
2225     qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the
2226     commodity contained in the package.
2227          (4) (a) Whenever the department determines that rules other than those prescribed by
2228     Subsection (1) are necessary to prevent the deception of consumers or to facilitate value
2229     comparisons as to any consumer commodity, the department shall promulgate rules effective
2230     to:
2231          (i) establish and define standards for the characterization of the size of a package
2232     enclosing any consumer commodity, which may be used to supplement the label statement of
2233     net quantity of contents of packages containing the commodity, but this Subsection (4) does not
2234     authorize any limitation on the size, shape, weight, dimensions, or number of packages that
2235     may be used to enclose any commodity;
2236          (ii) regulate the placement upon any package containing any commodity, or upon any
2237     label affixed to a commodity, of any printed matter stating or representing by implication that
2238     the commodity is offered for retail sale at a price lower than the ordinary and customary retail
2239     sale price or that a retail sale price advantage is accorded to purchasers by reason of the size of
2240     that package or the quantity of its contents;
2241          (iii) require that the label on each package of a consumer commodity bear:

2242          (A) the common or usual name of such consumer commodity, if any; and
2243          (B) if the consumer commodity consists of two or more ingredients, the common or
2244     usual name of each such ingredient listed in order of decreasing predominance, but nothing in
2245     this Subsection (4) shall be considered to require that any trade secret be divulged; or
2246          (iv) prevent the nonfunctional slack-fill of packages containing consumer
2247     commodities.
2248          (b) For the purposes of Subsection (4)(a)(iv), a package is nonfunctionally slack-filled
2249     if it is filled to substantially less than its capacity for reasons other than:
2250          (i) protection of the contents of such package; or
2251          (ii) the requirements of machines used for enclosing the contents in such package;
2252     provided, that the department may adopt any rules promulgated according to the Fair Packaging
2253     and Labeling Act, 15 U.S.C. Sec. 1453.
2254          Section 64. Section 4-5-206, which is renumbered from Section 4-5-16 is renumbered
2255     and amended to read:
2256          [4-5-16].      4-5-206. Food advertisement false or misleading.
2257          An advertisement of a food is considered to be false if it is false or misleading in any
2258     way.
2259          Section 65. Section 4-5-207, which is renumbered from Section 4-5-6 is renumbered
2260     and amended to read:
2261          [4-5-6].      4-5-207. Definitions and standards of identity, quality, and fill of
2262     container -- Rules -- Temporary and special permits.
2263          (1) (a) Definitions and standards of identity, quality and fill of container, now or
2264     hereafter adopted under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec.
2265     301 et seq., are the definitions and standards of identity, quality and fill of container in this
2266     state.
2267          (b) The department may adopt rules establishing definitions and standards of identity,
2268     quality and fill of container for foods where no federal regulations exist and may promulgate
2269     amendments to any federal regulations or state rules that set definitions and standards of

2270     identity, quality and fill of container for foods.
2271          (2) (a) Temporary permits [now or hereafter] granted for interstate shipment of
2272     experimental packs of food varying from the requirements of federal definitions and standards
2273     of identity are automatically effective in this state under the conditions provided in the permits.
2274          (b) The department may issue additional permits where they are necessary for the
2275     completion or conclusiveness of an otherwise adequate investigation and where the interests of
2276     consumers are safeguarded.
2277          (c) Permits are subject to the terms and conditions the department may prescribe by
2278     rule.
2279          Section 66. Section 4-5-301, which is renumbered from Section 4-5-9 is renumbered
2280     and amended to read:
2281     
Part 3. Registration and Inspection

2282          [4-5-9].      4-5-301. Registration of food establishments -- Fee -- Suspension
2283     and reinstatement of registration -- Inspection for compliance.
2284          (1) (a) Pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2285     department shall establish rules providing for the registration of food establishments to protect
2286     public health and ensure a safe food supply.
2287          (b) The owner or operator of a food establishment shall register with the department
2288     before operating a food establishment.
2289          (c) [Prior to] Before granting a registration to the owner or operator of a food
2290     establishment, the department shall inspect and assess the food establishment to determine
2291     whether it complies with the rules established under Subsection (1)(a).
2292          (d) An applicant shall register with the department, in writing, using forms required by
2293     the department.
2294          (e) The department shall issue a registration to an applicant, if the department
2295     determines that the applicant meets the qualifications of registration established under
2296     Subsection (1)(a).
2297          (f) If the applicant does not meet the qualifications of registration, the department shall

2298     notify the applicant, in writing, that the applicant's registration is denied.
2299          (g) (i) If an applicant submits an incomplete application, a written notice of conditional
2300     denial of registration shall be provided to an applicant.
2301          (ii) The applicant shall correct the deficiencies within the time period specified in the
2302     notice to receive a registration.
2303          (h) (i) The department may, as provided under Subsection [4-2-2] 4-2-103(2), charge
2304     the food establishment a registration fee.
2305          (ii) The department shall retain the fees as dedicated credits and shall use the fees to
2306     administer the registration of food establishments.
2307          (2) (a) A registration, issued under this section, shall be valid from the date the
2308     department issues the registration, to December 31 of the year the registration is issued.
2309          (b) A registration may be renewed for the following year by applying for renewal by
2310     December 31 of the year the registration expires.
2311          (3) A registration, issued under this section, shall specify:
2312          (a) the name and address of the food establishment;
2313          (b) the name of the owner or operator of the food establishment; and
2314          (c) the registration issuance and expiration date.
2315          (4) (a) The department may immediately suspend a registration, issued under this
2316     section, if any of the conditions of registration have been violated.
2317          (b) (i) The holder of a registration suspended under Subsection (4)(a) may apply for the
2318     reinstatement of a registration.
2319          (ii) If the department determines that all registration requirements have been met, the
2320     department shall reinstate the registration.
2321          (5) (a) A food establishment, registered under this section, shall allow the department
2322     to have access to the food establishment to determine if the food establishment is complying
2323     with the registration requirements.
2324          (b) If a food establishment denies access for an inspection required under Subsection
2325     (5)(a), the department may suspend the food establishment's registration until the department is

2326     allowed access to the food establishment's premises.
2327          Section 67. Section 4-5-401, which is renumbered from Section 4-5-3 is renumbered
2328     and amended to read:
2329     
Part 4. Enforcement

2330          [4-5-3].      4-5-401. Unlawful acts specified.
2331          (1) A person may not:
2332          (a) manufacture, sell, deliver, hold, or offer for sale a food that is adulterated or
2333     misbranded;
2334          (b) adulterate or misbrand food;
2335          (c) except as provided in Subsection (2), distribute, in commerce, a consumer
2336     commodity inconsistent with the packaging and labeling requirements of this chapter, or the
2337     rules made under this chapter;
2338          (d) sell, deliver for sale, hold for sale, or offer for sale an article in violation of Section
2339     [4-5-9] 4-5-301;
2340          (e) disseminate false advertising;
2341          (f) remove or dispose of detained or embargoed food in violation of Section [4-5-5]
2342     4-5-202;
2343          (g) adulterate, mutilate, destroy, obliterate, or remove the food label which results in
2344     the food being misbranded or adulterated while the food is for sale;
2345          (h) forge, counterfeit, simulate, or misrepresent a label or information, by the
2346     unauthorized use of a mark, stamp, tag, label, or other identification device;
2347          (i) use or reveal a method, process, or information which is protected as a trade secret;
2348          (j) operate a food establishment without a valid registration issued by the department;
2349     and
2350          (k) refuse entry to an authorized agent of the department in a food establishment as
2351     required under Section [4-5-18] 4-5-105.
2352          (2) Subsection (1)(c) does not apply to a person engaged in the wholesale or retail
2353     distribution of consumer commodities unless that person:

2354          (a) is engaged in the packaging or labeling of consumer commodities; or
2355          (b) prescribes or specifies the manner in which consumer commodities are packaged or
2356     labeled.
2357          Section 68. Section 4-5-402, which is renumbered from Section 4-5-4 is renumbered
2358     and amended to read:
2359          [4-5-4].      4-5-402. Defenses.
2360          No publisher, radio-broadcast licensee, or agency or medium for the dissemination of
2361     an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a
2362     false advertisement relates, shall be liable under this section by reason of the dissemination of
2363     such false advertisement, unless he has refused, on the request of the department to furnish it,
2364     the name and post-office address of the manufacturer, packer, distributor, seller, or advertising
2365     agency, residing in the state of Utah who caused him to disseminate such advertisement.
2366          Section 69. Section 4-5-501, which is renumbered from Section 4-5-9.5 is renumbered
2367     and amended to read:
2368     
Part 5. Special Programs

2369          [4-5-9.5].      4-5-501. Cottage food production operations.
2370          (1) For purposes of this chapter:
2371          (a) "Cottage food production operation" means a person, who in the person's home,
2372     produces a food product that is not a potentially hazardous food or a food that requires
2373     time/temperature controls for safety.
2374          (b) "Home" means a primary residence:
2375          (i) occupied by the individual who is operating a cottage food production operation;
2376     and
2377          (ii) which contains:
2378          (A) a kitchen designed for common residential usage; and
2379          (B) appliances designed for common residential usage.
2380          (c) "Potentially hazardous food" or "food that requires time/temperature controls for
2381     safety":

2382          (i) means a food that requires time and or temperature control for safety to limit
2383     pathogenic microorganism growth or toxin formation and is in a form capable of supporting:
2384          (A) the rapid and progressive growth of infections or toxigenic microorganisms;
2385          (B) the growth and toxin production of Clostridium botulinum; or
2386          (C) in shell eggs, the growth of Salmonella enteritidis;
2387          (ii) includes:
2388          (A) an animal food;
2389          (B) a food of animal origin that is raw or heat treated;
2390          (C) a food of plant origin that is heat treated or consists of raw seed sprouts;
2391          (D) cut melons;
2392          (E) cut tomatoes; and
2393          (F) garlic and oil mixtures that are not acidified or otherwise modified at a food
2394     establishment in a way that results in mixtures that do not support growth as specified under
2395     Subsection (1)(c)(i); and
2396          (iii) does not include:
2397          (A) an air-cooled hard-boiled egg with shell intact;
2398          (B) a food with an actual weight or water activity value of 0.85 or less;
2399          (C) a food with pH level of 4.6 or below when measured at 24 degrees Centigrade;
2400          (D) a food, in an unopened hermetically sealed container, that is processed to achieve
2401     and maintain sterility under conditions of nonrefrigerated storage and distribution;
2402          (E) a food for which laboratory evidence demonstrates that the rapid and progressive
2403     growth of items listed in Subsection (1)(c)(i) cannot occur, such as a food that:
2404          (I) has an actual weight and a pH level that are above the levels specified under
2405     Subsections (1)(c)(iii)(B) and (C); or
2406          (II) contains a preservative or other barrier to the growth of microorganisms, or a
2407     combination of barriers that inhibit the growth of microorganisms; or
2408          (F) a food that does not support the growth of microorganisms as specified under
2409     Subsection (1)(c)(i) even though the food may contain an infectious or toxigenic

2410     microorganism or chemical or physical contaminant at a level sufficient to cause illness.
2411          (2) (a) The department shall adopt rules pursuant to Title 63G, Chapter 3, Utah
2412     Administrative Rulemaking Act, as necessary to protect public health and ensure a safe food
2413     supply.
2414          (b) Rules adopted pursuant to this Subsection (2) shall provide for:
2415          (i) the registration of cottage food production operations as food establishments under
2416     this chapter;
2417          (ii) the labeling of products from a cottage food production operation as "Home
2418     Produced"; and
2419          (iii) other exceptions to the chapter that the department determines are appropriate and
2420     that are consistent with this section.
2421          (3) Rules adopted pursuant to Subsection (2):
2422          (a) may not require:
2423          (i) the use of commercial surfaces such as stainless steel counters or cabinets;
2424          (ii) the use of a commercial grade:
2425          (A) sink;
2426          (B) dishwasher; or
2427          (C) oven;
2428          (iii) a separate kitchen for the cottage food production operation; or
2429          (iv) the submission of plans and specifications before construction of, or remodel of, a
2430     cottage food production operation; and
2431          (b) may require:
2432          (i) an inspection of a cottage food production operation:
2433          (A) prior to issuing a registration for the cottage food production operation; and
2434          (B) at other times if the department has reason to believe the cottage food production
2435     operation is operating:
2436          (I) in violation of this chapter or an administrative rule adopted pursuant to this
2437     section; or

2438          (II) in an unsanitary manner; and
2439          (ii) the use of finished and cleanable surfaces.
2440          (4) (a) The operator of a cottage food production operation shall:
2441          (i) register with the department as a cottage food production operation before operating
2442     as a cottage food production operation; and
2443          (ii) hold a valid food handler's permit.
2444          (b) Notwithstanding the provisions of Subsections [4-5-9] 4-5-301(1)(a) and (c), the
2445     department shall issue a registration to an applicant for a cottage food production operation if
2446     the applicant for the registration:
2447          (i) passes the inspection required by Subsection (3)(b);
2448          (ii) pays the fees required by the department; and
2449          (iii) meets the requirements of this section.
2450          (5) Notwithstanding the provisions of Section 26A-1-114, a local health department:
2451          (a) does not have jurisdiction to regulate the production of food at a cottage food
2452     production operation operating in compliance with this section, as long as the products are not
2453     offered to the public for consumption on the premises; and
2454          (b) does have jurisdiction to investigate a cottage food production operation in any
2455     investigation into the cause of a food born illness outbreak.
2456          (6) A food service establishment as defined in Section 26-15a-102 may not use a
2457     product produced in a cottage food production operation as an ingredient in any food that is
2458     prepared by the food establishment and offered by the food establishment to the public for
2459     consumption.
2460          Section 70. Section 4-5-502, which is renumbered from Section 4-5-20 is renumbered
2461     and amended to read:
2462          [4-5-20].      4-5-502. Food designated as raw honey.
2463          (1) As used in this section:
2464          (a) "Honey" means the natural sweet substance produced by honeybees from nectar of
2465     plants or from secretions of living parts of plants that the bees collect, transform by combining

2466     with specific substances of their own, then deposit, dehydrate, store, and leave in the
2467     honeycomb to ripen and mature.
2468          (b) "Raw honey" means honey:
2469          (i) as it exists in the beehive or as obtained by extraction, settling, or straining;
2470          (ii) that is minimally processed; and
2471          (iii) that is not pasteurized.
2472          (2) Honey that is produced, packed, repacked, distributed, or sold in this state may only
2473     be labeled and designated as raw honey if it meets:
2474          (a) the definition of raw honey in this section; and
2475          (b) any additional requirements imposed by the department by rule.
2476          (3) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
2477     Administrative Rulemaking Act, to establish labeling requirements consistent with the
2478     provisions of this section.
2479          Section 71. Section 4-7-101, which is renumbered from Section 4-7-1 is renumbered
2480     and amended to read:
2481     
CHAPTER 7. LIVESTOCK DEALERS' ACT

2482          [4-7-1].      4-7-101. Title.
2483          This chapter is known as the "Livestock Dealers' Act."
2484          Section 72. Section 4-7-102, which is renumbered from Section 4-7-2 is renumbered
2485     and amended to read:
2486          [4-7-2].      4-7-102. Purpose declaration.
2487          The Legislature finds [and declares] that the public interest requires regulation of the
2488     sale of livestock between the producer and [persons who purchase] a person who purchases
2489     livestock for resale to protect [producers] the producer from unwarranted hazard and loss in the
2490     sale of [their] livestock.
2491          Section 73. Section 4-7-103, which is renumbered from Section 4-7-3 is renumbered
2492     and amended to read:
2493          [4-7-3].      4-7-103. Definitions.

2494          As used in this chapter:
2495          (1) "Agent" [or "broker"] means a person who, on behalf of a dealer, purchaser, or
2496     livestock market, as defined in Section [4-30-1] 4-30-102, solicits or negotiates the
2497     consignment or purchase of livestock.
2498          (2) "Consignor" means a person who ships or delivers livestock to a dealer for handling
2499     or sale.
2500          (3) (a) "Dealer" means a person who:
2501          (i) receives livestock from a person for sale on commission;
2502          (ii) is entrusted with the possession, management, control, or disposal of livestock for
2503     the account of that person; [and] or
2504          (iii) negotiates price, determines a delivery date, and receives money on behalf of a
2505     livestock producer.
2506          (b) "Dealer" includes:
2507          (i) a livestock dealer[.]; and
2508          (ii) a person who owns or leases a feedlot.
2509          [(c) "Dealer" includes a person who owns or leases a feedlot.]
2510          (4) (a) "Immediate resale" means the resale of livestock within 60 days of purchase.
2511          (b) "Immediate resale" does not include the resale of livestock culled within 60 days
2512     that were purchased for feeding or replacement.
2513          (5) "Livestock" means cattle, swine, equines, sheep, camelidae, ratites, bison, goats,
2514     and domesticated elk as defined in Section 4-39-102.
2515          (6) "Livestock dealer" means a person engaged in the business of purchasing livestock
2516     for immediate resale or interstate shipment for immediate resale.
2517          (7) "Producer" means a person who is primarily engaged in the business of raising
2518     livestock for profit.
2519          Section 74. Section 4-7-104, which is renumbered from Section 4-7-4 is renumbered
2520     and amended to read:
2521          [4-7-4].      4-7-104. Unlawful to act as an agent or dealer without license --

2522     Exception.
2523          Except as exempted by Section [4-7-5] 4-7-105, no person may act as an agent[,
2524     broker,] or dealer in this state without being licensed under this chapter.
2525          Section 75. Section 4-7-105, which is renumbered from Section 4-7-5 is renumbered
2526     and amended to read:
2527          [4-7-5].      4-7-105. Exemptions.
2528          The surety and licensing requirements of this chapter do not apply to:
2529          (1) a livestock market that is bonded as required by laws of the United States and Title
2530     4, Chapter 30, Livestock Markets; or
2531          (2) a cooperative incorporated under the laws of this state or another state, except as to
2532     the receipt of livestock from a nonmember producer.
2533          Section 76. Section 4-7-106, which is renumbered from Section 4-7-6 is renumbered
2534     and amended to read:
2535          [4-7-6].      4-7-106. Licenses -- Applications.
2536          Application for an agent's[, broker's,] or dealer's license shall be made to the department
2537     upon forms prescribed and furnished by the department[. The], and the application shall state:
2538          (1) the applicant's name, principal address in this state, and date of birth;
2539          (2) the applicant's principal address in any location outside Utah;
2540          (3) the name and principal address of the person authorized by the applicant to accept
2541     service of process in this state on behalf of the applicant during the licensure period;
2542          (4) the name and principal address of the applicant's surety if the application is for a
2543     dealer's license;
2544          (5) a schedule of the commissions, fees, and other charges the applicant intends to
2545     collect for services during the period of licensure;
2546          (6) the name and address of each principal the applicant intends to represent during the
2547     period of licensure; and
2548          (7) any other information that the department may require by rule.
2549          Section 77. Section 4-7-107, which is renumbered from Section 4-7-7 is renumbered

2550     and amended to read:
2551          [4-7-7].      4-7-107. Issuance of dealer and agent licenses -- Fees -- Deposit of
2552     bond or trust agreement -- Renewal -- Refusal to issue or renew license.
2553          (1) The commissioner, if satisfied that the convenience and necessity of the industry
2554     and the public will be served, shall issue a license to a dealer within 30 days after:
2555          (a) receipt of a proper application and financial statement;
2556          (b) payment of a license fee determined by the department pursuant to Subsection
2557     [4-2-2] 4-2-103(2); and
2558          (c) the posting of a corporate surety bond, an irrevocable letter of credit, a trust fund
2559     agreement, or other security required by Section [4-7-8] 4-7-108.
2560          (2) Upon proper application and payment of the license fee determined by the
2561     department pursuant to Subsection [4-2-2] 4-2-103(2), the commissioner shall issue a license to
2562     conduct business as an agent [or broker].
2563          (3) A license issued under this chapter:
2564          (a) entitles the applicant to conduct the business described in the application through
2565     December 31 of the year in which the license is issued, subject to suspension or revocation for
2566     cause; and
2567          (b) is renewable for a period of one year upon:
2568          (i) receipt of a proper renewal application; and
2569          (ii) payment of an annual license renewal fee determined by the department pursuant to
2570     Subsection [4-2-2] 4-2-103(2).
2571          (4) A license issued under this chapter shall at all times remain the property of the
2572     state, and the licensee is entitled to [its possession] the license only for the duration of the
2573     license.
2574          (5) The department shall refuse to issue or renew a license if the applicant:
2575          (a) cannot produce a financial statement with sufficient assets to justify the amount of
2576     business the applicant contemplates, unless the application is for [a broker's or] an agent's
2577     license;

2578          (b) is in violation of this chapter or rules adopted under this chapter;
2579          (c) has made a false or misleading statement as to the health or physical condition of
2580     livestock in connection with the buying, receiving, selling, exchanging, soliciting or
2581     negotiating the sale of, or the weighing of livestock;
2582          (d) has failed to keep records of purchases and sales or refused to grant inspection of
2583     those records by authorized agents of the department;
2584          (e) has failed to comply with a lawful order of the department;
2585          (f) has been found by the department to have failed to pay, without reasonable cause,
2586     obligations incurred in connection with the livestock transaction;
2587          (g) has been suspended by order of the secretary of agriculture of the United States
2588     Department of Agriculture under provisions of the Packers and Stockyards Act, 1921, 7 U.S.C.
2589     Sec. 181 et seq.;
2590          (h) employs a person required to be licensed whose license cannot be renewed or
2591     whose license is under suspension or revocation by the department or the United States
2592     Department of Agriculture; or
2593          (i) has any unsatisfied civil judgments related to an activity for which licensing is
2594     required by this chapter.
2595          (6) An applicant who has been refused a license or license renewal may not apply again
2596     for one year following refusal unless the department determines that the applicant is in
2597     compliance with this chapter.
2598          Section 78. Section 4-7-108, which is renumbered from Section 4-7-8 is renumbered
2599     and amended to read:
2600          [4-7-8].      4-7-108. Applicant for dealer's license to post security -- Increase in
2601     amount of security posted -- Action on security authorized -- Duties of commissioner --
2602     Option to require posting new security if action filed -- Effect of failure to post new
2603     security -- Commissioner's authority to call bond if not renewed.
2604          (1) (a) Before a license is issued to a dealer, the applicant shall post a corporate surety
2605     bond, irrevocable letter of credit, trust fund agreement, or any other security agreement

2606     considered reasonable in an amount not less than $10,000 [nor more than $200,000], as
2607     determined by the commissioner or as required by the Packers and Stockyards Act, 1921, 7
2608     U.S.C. [Section] Sec. 181 et seq.
2609          (b) Any bond shall be written by a surety licensed under the laws of Utah and name the
2610     state, as obligee, for the use and benefit of producers.
2611          (c) The bond or other security posted shall be conditioned upon:
2612          (i) the faithful performance of contracts and the faithful accounting for and handling of
2613     livestock consigned to the dealer;
2614          (ii) the performance of the obligations imposed under this chapter; and
2615          (iii) the payment of court costs and [attorney's] attorney fees to the prevailing party
2616     incident to any suit upon the bond or other security posted.
2617          (2) (a) The commissioner may require a dealer who is issued a license to increase the
2618     amount of the bond or other security posted under Subsection (1)(a) if the commissioner
2619     determines the bond or other security posted is inadequate to secure performance of the dealer's
2620     obligations.
2621          (b) The commissioner shall notify the Packers and Stockyards Administration of an
2622     increase made under Subsection (2)(a).
2623          (c) The commissioner may suspend a dealer's license for failure to comply with
2624     Subsection (2)(a) within 10 days after notice is given to the dealer.
2625          (3) A consignor claiming damages, as a result of fraud, deceit, or willful negligence by
2626     a dealer or as a result of the dealer's failure to comply with this chapter, may bring an action
2627     upon the bond or other security posted for damages against both the principal and surety.
2628          (4) (a) If it is reported to the department by a consignor that a dealer has failed to pay in
2629     a timely manner for livestock received for sale, the commissioner shall:
2630          (i) ascertain the name and address of each consignor who is a creditor of the dealer;
2631     and
2632          (ii) request a verified written statement setting forth the amount claimed due from the
2633     dealer.

2634          (b) Upon receipt of the verified statements, the commissioner shall bring an action
2635     upon the bond or other security posted on behalf of the consignors who claim amounts due
2636     from the dealer.
2637          (5) (a) If an action is filed upon the bond or other security posted, the commissioner
2638     may require the filing of new security.
2639          (b) Immediately upon recovery in the action described in Subsection (5)(a), the
2640     commissioner shall require the dealer to file a new bond or other security.
2641          (c) [Failure, in either case,] (i) The commissioner may suspend a license if a dealer
2642     fails to file the bond or other security within 10 days after the commissioner's demand [is cause
2643     for suspension of the license until a new bond or other security is filed].
2644          (ii) A suspension described in Subsection (5)(c)(i) shall remain in effect until the dealer
2645     files a new bond or other security.
2646          (d) If the bond or other security posted under this section is not renewed within 10 days
2647     of its expiration date, unless the commissioner states in writing that this is unnecessary, the
2648     commissioner may obtain, after a hearing, the full amount of the bond or other security before
2649     it expires.
2650          Section 79. Section 4-7-109, which is renumbered from Section 4-7-9 is renumbered
2651     and amended to read:
2652          [4-7-9].      4-7-109. Dealers -- Records mandated -- Records subject to
2653     inspection.
2654          (1) A dealer who receives livestock for sale or consignment shall promptly record:
2655          (a) the name and address of the consignor;
2656          (b) the date received;
2657          (c) the condition and quantity upon arrival;
2658          (d) the date of sale for account of the producer-consignor;
2659          (e) the sale price;
2660          (f) an itemized statement of the charges to be paid by the producer-consignor;
2661          (g) the individual or group identification of the livestock;

2662          (h) the nature and amount of any claims the dealer has against third persons for
2663     overcharges or damages; and
2664          (i) if the dealer has a direct or indirect financial interest in the business of the
2665     purchaser, or, if the purchaser has a similar financial interest in the business of the dealer, the
2666     name and address of the purchaser.
2667          (2) (a) The dealer shall provide a copy of the livestock receipt to the producer
2668     immediately upon delivery of the product.
2669          (b) The records required by this section shall be retained for a period of one year
2670     following the date of consignment and shall be available during business hours for inspection
2671     by the department.
2672          (c) A consignor involved in a consignment subject to inquiry may inspect relevant
2673     records.
2674          (3) (a) A dealer shall file an annual report of the records required under Subsection (1)
2675     with the department on a form prescribed and furnished by the department.
2676          (b) The dealer shall file the report by April 15 following the end of a calendar year, or
2677     if the records are kept on a fiscal year basis, by 90 days after the close of the fiscal year.
2678          (c) The commissioner may, for good cause shown or by the commissioner's own
2679     motion, grant an extension to the filing deadline under Subsection (3)(b).
2680          (d) For purposes of this Subsection (3), "dealer" does not include a packer buyer
2681     registered to purchase livestock for slaughter only.
2682          (e) The department shall accept reports as required by the Packers and Stockyards
2683     Administration for livestock under the Packers and Stockyards Act, [9 C.F.R. Sec. 201.97]
2684     1921, 7 U.S.C. Sec. 181, et seq.
2685          (f) The reports required under this Subsection (3) may be subject to audit and establish
2686     the basis for bond adequacy.
2687          Section 80. Section 4-7-110, which is renumbered from Section 4-7-10 is renumbered
2688     and amended to read:
2689          [4-7-10].      4-7-110. Livestock purchases.

2690          Livestock purchases shall be paid for as provided in the Packers and Stockyards Act,
2691     1921, 7 U.S.C. Sec. 181, et seq.
2692          Section 81. Section 4-7-201, which is renumbered from Section 4-7-11 is renumbered
2693     and amended to read:
2694     
Part 2. Enforcement, Penalties, and Prohibitions

2695          [4-7-11].      4-7-201. Department authority -- Examination and investigation of
2696     transactions -- Notice of agency action upon probable cause -- Settlement of disputes --
2697     Cease and desist order -- Enforcement -- Review.
2698          (1) For the purpose of enforcing this chapter the department may, upon [its] the
2699     department's own motion, or shall, upon the verified complaint of an interested consignor,
2700     investigate, examine, or inspect any transaction involving:
2701          (a) the solicitation, receipt, sale, or attempted sale of livestock by a dealer or person
2702     assuming to act as a dealer;
2703          (b) the failure to make a correct account of sales;
2704          (c) the intentional making of a false statement about market conditions or the condition
2705     or quantity of livestock consigned;
2706          (d) the failure to remit payment in a timely manner to the consignor as required by
2707     contract or by this chapter;
2708          (e) any other consignment transaction alleged to have resulted in damage to the
2709     consignor; or
2710          (f) any dealer or agent with an unsatisfied judgment by a civil court related to an
2711     activity for which licensing is required by this chapter.
2712          (2) (a) After investigation upon [its] the department's own motion, if the department
2713     determines that probable cause exists to believe that a dealer has engaged, or is engaging, in
2714     acts that violate this chapter, the department shall issue a notice of agency action.
2715          (b) (i) Upon the receipt of a verified complaint, the department shall undertake to effect
2716     a settlement between the consignor and the dealer.
2717          (ii) If a settlement cannot be effected, the department shall treat the verified complaint

2718     as a request for agency action.
2719          (3) (a) In a hearing upon a verified complaint, if the commissioner, or hearing officer
2720     designated by the commissioner, determines by a preponderance of the evidence that the person
2721     complained of has violated this chapter and that the violation has resulted in damage to the
2722     complainant, the commissioner or officer shall:
2723          (i) prepare written findings of fact detailing the findings and fixing the amount of
2724     damage suffered; and
2725          (ii) order the defendant to pay damages.
2726          (b) In a hearing initiated upon the department's own motion, if the commissioner or
2727     hearing officer determines by a preponderance of the evidence that the person complained of by
2728     the department has engaged [in], or is engaging, in[,] acts that violate this chapter, the
2729     commissioner or officer shall prepare written findings of fact and an order requiring the person
2730     to cease and desist from the activity.
2731          (4) The department may petition any court having jurisdiction in the county where the
2732     action complained of occurred to enforce the department's order.
2733          (5) Any dealer aggrieved by an order issued under this section may obtain judicial
2734     review of the order.
2735          (6) (a) The department may not act upon a verified complaint submitted to the
2736     department more than six months after the consignor allegedly suffered damage.
2737          (b) A livestock claim shall be made in writing within 120 days from the date of the
2738     transaction.
2739          Section 82. Section 4-7-202, which is renumbered from Section 4-7-12 is renumbered
2740     and amended to read:
2741          [4-7-12].      4-7-202. Sale of livestock -- Prima facie evidence of fraud.
2742          The following constitutes prima facie evidence of fraud in the sale of livestock:
2743          (1) any sale of livestock at less than market price by a dealer to a person with whom
2744     the dealer has a financial interest; or
2745          (2) any sale out of which the dealer receives part of the sale price other than the agreed

2746     commission or other agreed charges.
2747          Section 83. Section 4-7-203, which is renumbered from Section 4-7-13 is renumbered
2748     and amended to read:
2749          [4-7-13].      4-7-203. Suspension or revocation -- Grounds -- Notice to
2750     producers.
2751          (1) The department may suspend or revoke the license of and suspend or refuse all
2752     department services to a person licensed under this chapter if the department finds that the
2753     licensee has:
2754          (a) provided false information when making an application for a license;
2755          (b) failed to comply with this chapter or rules adopted under this chapter; or
2756          (c) engaged in any willful conduct that is detrimental to a producer.
2757          (2) If a license is revoked pursuant to a hearing and the decision is final, or an
2758     injunction is imposed by a civil court, the department shall, by publication in a newspaper of
2759     [a] general circulation in the area, notify producers of livestock in the area in which the
2760     licensee operated that the license has been revoked or a department action has been taken.
2761          Section 84. Section 4-7-204, which is renumbered from Section 4-7-13.5 is
2762     renumbered and amended to read:
2763          [4-7-13.5].      4-7-204. Suspension of license -- Opportunity for hearing.
2764          (1) [A license may be suspended] The department may suspend a license immediately
2765     if:
2766          (a) an emergency exists [which] that presents a clear and present danger to the public
2767     health;
2768          (b) an inspection or sampling is refused; or
2769          (c) the licensee's bond has been revoked or cancelled.
2770          (2) The department shall immediately notify the person of the suspension in writing
2771     and provide an opportunity for hearing without delay.
2772          Section 85. Section 4-7-205, which is renumbered from Section 4-7-14 is renumbered
2773     and amended to read:

2774          [4-7-14].      4-7-205. Prohibited acts.
2775          (1) A person licensed under this chapter may not:
2776          (a) make false charges incident to the sale of livestock;
2777          (b) [wilfully] willfully fail to comply with the requirements of Section [4-7-9 or
2778     4-7-10] 4-7-109 or 4-7-110;
2779          (c) fail to file a schedule of commissions and charges;
2780          (d) reconsign livestock without the consent of the producer-consignor for the purpose
2781     of charging more than one commission;
2782          (e) make any false statement to the detriment of the producer regarding current market
2783     conditions for livestock or about the condition or quantity of the livestock consigned for the
2784     account of the producer;
2785          (f) engage in fraud or misrepresentation in the procurement or attempted procurement
2786     of a license; or
2787          (g) act as a dealer or agent and, with intent to defraud, make, draw, utter, or deliver any
2788     check, draft, or order for the payment of money from any bank or other depository to the owner
2789     for the purchase price of livestock, when at the time of the making, drawing, uttering, or
2790     delivery the maker or drawer does not have sufficient funds in or credit with the bank or other
2791     depository for the payment of the check, draft, or order in full upon its presentation.
2792          (2) (a) The making, drawing, uttering, or delivery of a check, draft, or order in the
2793     circumstances specified in this section shall be evidence of an intent to defraud.
2794          (b) As used in this section, "credit" means an arrangement or understanding with the
2795     bank or depository for the payment of the check, draft, or order.
2796          Section 86. Section 4-8-101, which is renumbered from Section 4-8-1 is renumbered
2797     and amended to read:
2798     
CHAPTER 8. AGRICULTURAL FAIR TRADE ACT

2799          [4-8-1].      4-8-101. Title.
2800          This chapter [shall be known and may be cited] is known as the "Agricultural Fair
2801     Trade Act."

2802          Section 87. Section 4-8-102, which is renumbered from Section 4-8-2 is renumbered
2803     and amended to read:
2804          [4-8-2].      4-8-102. Purpose declaration.
2805          (1) The Legislature finds and declares that in order to preserve the agricultural industry
2806     of this state it is necessary to protect and improve the economic status of persons engaged in
2807     the production of products of agriculture. [To effectuate this policy]
2808          (2) To carry out the policy described in Subsection (1), the Legislature determines it
2809     necessary to regulate the production and marketing of such products and to prohibit unfair and
2810     injurious trade practices. [To that end this]
2811          (3) This chapter shall be liberally construed.
2812          Section 88. Section 4-8-103, which is renumbered from Section 4-8-3 is renumbered
2813     and amended to read:
2814          [4-8-3].      4-8-103. Definition.
2815          As used in this chapter, "products of agriculture" [mean] means any product useful to
2816     the human species [which] that results from the application of the science and art of the
2817     production of plants, minerals, and animals.
2818          Section 89. Section 4-8-104, which is renumbered from Section 4-8-4 is renumbered
2819     and amended to read:
2820          [4-8-4].      4-8-104. Department functions, powers, and duties.
2821          The department [has and] shall exercise the following functions, powers, and duties, in
2822     addition to those specified in Chapter 1, Short Title and General Provisions:
2823          (1) perform general supervision over the marketing, sale, trade, advertising, storage,
2824     and transportation practices, used in buying and selling products of agriculture in Utah;
2825          (2) conduct and publish surveys and statistical analyses with [its] the department's own
2826     resources or with the resources of others through contract, regarding:
2827          (a) the cost of production for products of agriculture, including transportation,
2828     processing, storage, advertising, and marketing costs; [regarding]
2829          (b) market locations, demands, and prices for such products; and [regarding]

2830          (c) market forecasts;
2831          (3) assist and encourage producers of products of agriculture in controlling current and
2832     prospective production and market deliveries in order to stabilize product prices at prices
2833     [which] that assure reasonable profits for producers and at the same time ensure adequate
2834     market supplies; [and]
2835          (4) actively solicit input from the public and from interested groups or associations,
2836     through public hearings or otherwise, to assist in making fair determinations with respect to the
2837     production, marketing, and consumption of products of agriculture[.];
2838           (5) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
2839     Rulemaking Act, in regard to "Utah's Own," a program dedicated to the promotion of locally
2840     produced products of agriculture.
2841          Section 90. Section 4-8-105, which is renumbered from Section 4-8-5 is renumbered
2842     and amended to read:
2843          [4-8-5].      4-8-105. Unlawful acts specified.
2844          [It is unlawful for any] A person engaged in the production, processing, handling,
2845     marketing, sale or distribution of products of agriculture [to] may not:
2846          (1) discriminate in price between two or more producers with respect to products of
2847     agriculture of like grade and quality;
2848          (2) use any brand, label, container, or designation on products of agriculture not
2849     authorized by the department;
2850          (3) promote or advertise the price of any product of agriculture [which] that is required
2851     to be graded without displaying the grade of such product with prominence equal to that of the
2852     price; or
2853          (4) make or permit the use of any false or misleading statement on any label or stencil
2854     affixed to a container or package containing products of agriculture or in any promotion or
2855     advertisement of such products.
2856          Section 91. Section 4-8-106, which is renumbered from Section 4-8-6 is renumbered
2857     and amended to read:

2858          [4-8-6].      4-8-106. Procedure for enforcement -- Notice of agency action --
2859     Cease and desist order -- Enforcement -- Judicial review.
2860          (1) (a) Whenever the department has reason to believe that a person has, or is, engaged
2861     in[,] the violation of this chapter, it shall issue a notice of agency action.
2862          (b) If the commissioner, or a hearing officer designated by the commissioner,
2863     determines by a preponderance of the evidence that any person named in the complaint has
2864     engaged, or is engaging, in an act that violates this chapter, the officer shall:
2865          (i) prepare written findings of fact; and
2866          (ii) issue an order requiring the person to cease and desist from the illegal activity.
2867          (2) The department may petition any court of competent jurisdiction for enforcement of
2868     its cease and desist order.
2869          (3) Any person who is subject to a cease and desist order may obtain judicial review.
2870          (4) The attorney general's office shall represent the department in any original action or
2871     appeal begun under this section.
2872          Section 92. Section 4-8-107, which is renumbered from Section 4-8-7 is renumbered
2873     and amended to read:
2874          [4-8-7].      4-8-107. Defense to claim of illegal activity.
2875          No person who acts in compliance with any rule adopted under authority of this chapter
2876     shall be considered to be engaged in any illegal conspiracy or combination in restraint of trade
2877     or to be acting in furtherance of any illegal purpose.
2878          Section 93. Section 4-9-101 is enacted to read:
2879     
CHAPTER 9. WEIGHTS AND MEASURES

2880          4-9-101. Title.
2881          This chapter is known as "Weights and Measures."
2882          Section 94. Section 4-9-102, which is renumbered from Section 4-9-1 is renumbered
2883     and amended to read:
2884          [4-9-1].      4-9-102. Definitions.
2885          As used in this chapter:

2886          (1) "Correct"[, when used in connection with weights and measures,] means
2887     conformance to applicable requirements of this chapter.
2888          (2) "Package" means a commodity put up or packaged before sale in either wholesale
2889     or retail saleunits.
2890          (3) "Primary standards" [mean] means the physical standards of the state, described in
2891     Section [4-9-4] 4-9-105, which are the legal reference from which all other standards and
2892     weights and measures are derived.
2893          (4) "Sale from bulk" means the sale of commodities, when the quantity is determined
2894     at the time of sale.
2895          (5) "Secondary standards" means a physical standard which is traceable to primary
2896     standards through comparisons, using acceptable laboratory procedures.
2897          (6) "Weighing and measuring" means the use of weights and measures.
2898          (7) "Weight" means net weight, unless the label declares that the product is sold by
2899     drained weight, in which case[,] "weight" means net drained weight.
2900          (8) "Weights and measures" means [weights and measures, and] the instruments or
2901     devices used for weighing or measuring, including an appliance or accessory associated with
2902     the instrument or device.
2903          (9) "Weights and measures registration" means the issuance of a certificate by the
2904     commissioner to a weights and measures user.
2905          (10) "Weights and measures user" means a person who uses weights and measures in
2906     trade or commerce.
2907          Section 95. Section 4-9-103, which is renumbered from Section 4-9-2 is renumbered
2908     and amended to read:
2909          [4-9-2].      4-9-103. Authority to make rules.
2910          The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
2911     Rulemaking Act, to make and enforce [such] rules [as in its judgment are] necessary to
2912     administer and enforce this chapter.
2913          Section 96. Section 4-9-104, which is renumbered from Section 4-9-3 is renumbered

2914     and amended to read:
2915          [4-9-3].      4-9-104. Weights and measures -- Systems used -- Basic units,
2916     tables, and equivalents as published by National Institute of Standards and Technology.
2917          (1) The department shall use:
2918          (a) the same system of weights and measures that is customarily used in the United
2919     States[,]; and
2920          (b) the metric system of weights and measures.
2921          (2) Either system under Subsection (1) may be used for commercial purposes in the
2922     state.
2923          (3) The definitions of basic units of weight and measure, the tables of weight and
2924     measure, and the weights and measures equivalents published by the National Institute of
2925     Standards and Technology[,] shall determine the weights and measures systems used within the
2926     state.
2927          Section 97. Section 4-9-105, which is renumbered from Section 4-9-4 is renumbered
2928     and amended to read:
2929          [4-9-4].      4-9-105. Weights and measures -- Primary state standards --
2930     Secondary state standards -- Verification.
2931          (1) Weights and measures that are traceable to the United States prototype standards
2932     supplied by the federal government, or approved as being satisfactory by the National Institute
2933     of Standards and Technology, shall be the state primary standards, and shall be maintained in
2934     the calibration prescribed by the National Institute of Standards and Technology.
2935          (2) Secondary standards may be prescribed by the department and shall be verified
2936     upon their initial receipt, and as often after initial receipt as is considered necessary by the
2937     department.
2938          Section 98. Section 4-9-106, which is renumbered from Section 4-9-5 is renumbered
2939     and amended to read:
2940          [4-9-5].      4-9-106. Weights and measures -- Specifications, tolerances, and
2941     technical data published in National Institute of Standards and Technology Handbook

2942     govern.
2943          Unless modified by the department, Handbook 44, Specifications, Tolerances, and
2944     Other Technical Requirements for Weighing and Measuring Devices, National Institute of
2945     Standards and Technology, adopted by the National Conference on Weights and Measures,
2946     including supplements or revisions to Handbook 44, shall determine the specifications,
2947     tolerances, and other technical requirements for devices used for:
2948          (1) commercial weighing and measuring;
2949          (2) law enforcement;
2950          (3) data gathering; and
2951          (4) other weighing and measuring purposes.
2952          Section 99. Section 4-9-107, which is renumbered from Section 4-9-5.2 is renumbered
2953     and amended to read:
2954          [4-9-5.2].      4-9-107. Adopting uniform packaging and labeling regulation.
2955          Unless modified by the department, the Uniform Packaging and Labeling Regulation,
2956     adopted by the National Conference on Weights and Measures in Handbook 130, Uniform
2957     Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality, National
2958     Institute of Standards and Technology, shall apply to packaging and labeling in the state.
2959          Section 100. Section 4-9-108, which is renumbered from Section 4-9-5.3 is
2960     renumbered and amended to read:
2961          [4-9-5.3].      4-9-108. Adopting uniform regulation for the method of sale of
2962     commodities.
2963          Unless modified by the department, the Uniform Regulation for the Method of Sale of
2964     Commodities, adopted by the National Conference on Weights and Measures, in Handbook
2965     130, Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality,
2966     National Institute of Standards and Technology, shall apply to the method of sale of
2967     commodities in the state.
2968          Section 101. Section 4-9-109, which is renumbered from Section 4-9-5.4 is
2969     renumbered and amended to read:

2970          [4-9-5.4].      4-9-109. Adopting uniform regulation for the voluntary registration
2971     of servicepersons and service agencies for commercial weighing and measuring devices.
2972          Unless modified by the department, the Uniform Regulation for the Voluntary
2973     Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring
2974     Devices, adopted by the National Conference on Weights and Measures in Handbook 130,
2975     Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality,
2976     National Institute of Standards and Technology, shall apply to the registration of servicepersons
2977     and service agencies in the state.
2978          Section 102. Section 4-9-110, which is renumbered from Section 4-9-6 is renumbered
2979     and amended to read:
2980          [4-9-6].      4-9-110. Department duties -- Seizure of incorrect weights and
2981     measures.
2982          (1) The department may:
2983          (a) establish weights and measures standards, specifications, and tolerances for:
2984          (i) all commodities;
2985          (ii) the fill for any commodity contained in a package;
2986          (iii) labels or labeling of a commodity; and
2987          (iv) weights and measures used commercially;
2988          (b) inspect and test weights and measures kept, offered, or exposed for sale to
2989     determine if they are correct;
2990          (c) inspect and test weights and measures commercially used to determine if they are
2991     correct;
2992          (d) test all weights and measures used to check the receipt or disbursement of supplies
2993     used by a state agency or institution funded by the state;
2994          (e) in accordance with sampling procedures recognized and designated in Handbook
2995     133, Checking the Net Contents of Packaged Goods, National Institute of Standards and
2996     Technology, inspect and test any packaged commodity kept, offered, or exposed for sale, sold,
2997     or in the process of delivery, to determine if the package contains the amount represented;

2998          (f) determine the appropriate term or unit of weight or measure to be used for container
2999     sizes, if the department determines that an existing practice of declaring the quantity by weight,
3000     measure, count, or any combination of these practices, hinders value comparisons by
3001     consumers;
3002          (g) approve correct weights and measures and reject and mark as "rejected," weights
3003     and measures that are incorrect;
3004          (h) allow reasonable variations from a stated weight or measure caused by loss or gain
3005     due to:
3006          (i) moisture during the course of acceptable distribution practices; or
3007          (ii) unavoidable deviations in acceptable manufacturing practices;
3008          (i) grant an exemption from the requirements of this chapter or from any rule
3009     promulgated under this chapter, when the department determines that the exemption is
3010     necessary for the maintenance of acceptable commercial practices;
3011          (j) maintain on file, for public inspection, a copy of each handbook prepared by the
3012     National Institute of Standards and Technology [which] that is used to enforce this chapter; and
3013          (k) establish and charge fees as authorized under Subsection [4-2-2] 4-2-103(2) for the
3014     inspection of weights and measures.
3015          (2) The department may seize weights and measures that are:
3016          (a) incorrect and are not corrected within a reasonable time specified by the
3017     department; or
3018          (b) used or disposed of in a manner not authorized by the department.
3019          Section 103. Section 4-9-111, which is renumbered from Section 4-9-7 is renumbered
3020     and amended to read:
3021          [4-9-7].      4-9-111. Enforcement powers of department.
3022          (1) For the purpose of enforcing this chapter, the department may:
3023          (a) enter any commercial premises [open to the public] during normal working hours
3024     after the presentation of credentials;
3025          (b) issue in writing a "stop-use, hold, or removal order" with respect to any weights or

3026     measures commercially used or a "stop sale, use, or removal order" with respect to any
3027     packaged commodity or bulk commodity offered for sale;
3028          (c) seize as evidence, without formal warrant, any incorrect or unapproved weight,
3029     measure, package, or commodity offered for sale or sold in violation of this chapter;
3030          (d) (i) seek an order of seizure or condemnation of any weight, measure, package, or
3031     sale from bulk that violates this chapter; or
3032          (ii) upon proper grounds, obtain a temporary restraining order or permanent injunction
3033     to prevent a violation of this chapter; and
3034          (e) stop any commercial vehicle and after presenting credentials:
3035          (i) inspect its contents;
3036          (ii) require the person in charge of the vehicle to produce any documents in his
3037     possession concerning the contents; or
3038          (iii) require the person in charge of the vehicle to proceed with the vehicle to some
3039     specified place for inspection.
3040          (2) If an order has been issued under Subsection (1)(b), the weights, measures, or
3041     commodities subject to the order may not be used, moved, or offered for sale until the
3042     department issues a written release.
3043          (3) [No] A bond [shall] may not be required of the department in any injunctive
3044     proceeding brought under this section.
3045          Section 104. Section 4-9-112, which is renumbered from Section 4-9-8 is renumbered
3046     and amended to read:
3047          [4-9-8].      4-9-112. Sale of commodities in liquid form -- Sale of commodities
3048     in nonliquid form -- Requirements.
3049          (1) Commodities in liquid form shall be sold by liquid measure or by weight.
3050          (2) Commodities not in liquid form shall be sold only by weight, measure, or by count,
3051     [so] as long as the method of sale provides accurate quantity information.
3052          Section 105. Section 4-9-113, which is renumbered from Section 4-9-9 is renumbered
3053     and amended to read:

3054          [4-9-9].      4-9-113. Bulk sales -- Information furnished to purchaser.
3055          Whenever the quantity is determined solely by the seller, in the absence of the buyer, all
3056     bulk sales of heating fuel and other bulk sales as determined by the department shall be
3057     accompanied by a delivery ticket containing the following information:
3058          (1) the name and address of the vendor and purchaser;
3059          (2) the date delivered;
3060          (3) the quantity delivered and the quantity upon which the price is based, if different
3061     from the delivered quantity;
3062          (4) a description of the bulk material sold, including any quality representation made in
3063     connection with the sale; and
3064          (5) the number of individually wrapped packages.
3065          Section 106. Section 4-9-114, which is renumbered from Section 4-9-10 is renumbered
3066     and amended to read:
3067          [4-9-10].      4-9-114. Packaged commodity sales -- Labeling information
3068     specified -- When price per single unit of weight to be displayed.
3069          (1) Any packaged commodity offered for sale shall bear on the outside of the package a
3070     definite, plain, and conspicuous declaration of:
3071          (a) the identity of the commodity in the package, unless the same can easily be
3072     identified through the wrapper or container;
3073          (b) the quantity of contents in terms of weight, measure, or count; and
3074          (c) the name and place of business of the manufacturer, packer, or distributor, if the
3075     packaged commodity is offered for sale, or sold other than on the premises where packaged.
3076          (2) Any package [which] that is one of a lot containing random weights of the same
3077     commodity and bearing the total sales price of the package shall, in addition to compliance
3078     with Subsection (1) [of this section], bear on the outside of the package a definite, plain, and
3079     conspicuous declaration of the price per single unit of weight.
3080          Section 107. Section 4-9-115, which is renumbered from Section 4-9-11 is renumbered
3081     and amended to read:

3082          [4-9-11].      4-9-115. Advertisement of packaged commodity sales --
3083     Requirements.
3084          (1) An advertisement [which] that promotes a packaged commodity with the retail
3085     price stated shall plainly and conspicuously advertise the quantity required to appear on the
3086     package.
3087          (2) If a dual quantity declaration is required by law, only the declaration that sets forth
3088     the quantity in terms of the smaller unit of weight or measure [need] shall appear in the
3089     advertisement.
3090          Section 108. Section 4-9-116, which is renumbered from Section 4-9-12 is renumbered
3091     and amended to read:
3092          [4-9-12].      4-9-116. Unlawful acts specified.
3093          A person may not:
3094          (1) sell, offer, or present for sale a commodity whose weight and measure is less than
3095     the weight and measure represented as being sold, offered, or exposed for sale;
3096          (2) misrepresent the price of a commodity sold, advertised, exposed, or offered for sale
3097     by weight, measure, or count, or [to] represent the price in a manner that misleads or deceives a
3098     person;
3099          (3) use or possess an incorrect weight or measure in commerce;
3100          (4) remove a tag, seal, or mark from a weight or measure without specific written
3101     authorization from the department;
3102          (5) hinder or obstruct an agent of the department dealing with weights and measures in
3103     the performance of the agent's duties; or
3104          (6) operate weights and measures in trade or commerce for the purpose of determining
3105     the weight or measure of a commodity without a valid weights and measures registration issued
3106     by the department.
3107          Section 109. Section 4-9-117, which is renumbered from Section 4-9-13 is renumbered
3108     and amended to read:
3109          [4-9-13].      4-9-117. Weighing and measuring devices -- Presumption.

3110          If a weighing or measuring device is in a place where buying or selling is commonly
3111     carried on, there is a rebuttable presumption that the weighing or measuring device is regularly
3112     used for the business purposes of that place.
3113          Section 110. Section 4-9-118, which is renumbered from Section 4-9-15 is renumbered
3114     and amended to read:
3115          [4-9-15].      4-9-118. Registration of commercial establishments using weights
3116     and measures -- Approved weights and measures inspectors -- Application -- Fee --
3117     Expiration -- Renewal.
3118          (1) (a) Pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3119     department shall establish rules providing for the registration of weights and measures users
3120     and issuance of certification of weights and measures devices to ensure the use of correct
3121     weights and measures in commerce or trade.
3122          (b) The division may:
3123          (i) determine whether weights and measures are correct through:
3124          (A) inspection and testing by a department [employees] employee; or
3125          (B) acceptance of an inspection and testing report prepared by a registered weights and
3126     measures service person;
3127          (ii) establish standards and qualifications for a registered weights and measures service
3128     [persons] person; and
3129          (iii) determine the form and content of an inspection and testing report.
3130          (c) A weights and measures user shall register with the department.
3131          (d) [Prior to] Before granting a registration to a weights and measures user, the
3132     department shall determine whether the weights and measures user complies with the rules
3133     established under Subsection (1)(a).
3134          (e) An applicant shall register with the department[,] in writing, using forms required
3135     by the department.
3136          (f) The department shall issue a registration to an applicant[,] if the department
3137     determines that the applicant meets the qualifications of registration established under

3138     Subsection (1)(a).
3139          (g) If the applicant does not meet the qualifications of registration, the department shall
3140     notify the applicant, in writing, that the applicant's registration is denied.
3141          (h) (i) If an applicant submits an incomplete application, a written notice of conditional
3142     denial of registration shall be provided to [an] the applicant.
3143          (ii) The applicant shall correct the deficiencies within the time period specified in the
3144     notice to receive a registration.
3145          (i) (i) The department may, as provided under Subsection [4-2-2] 4-2-103(2), charge
3146     the weights and measures user a registration fee.
3147          (ii) The department shall retain the fees as dedicated credits and shall use the fees to
3148     administer the registration of weights and measures users.
3149          (2) (a) A registration[,] issued under this section[,] shall be valid from the date the
3150     department issues the registration[,] to December 31 of the year the registration is issued.
3151          (b) A registration may be renewed for the following year by applying for renewal by
3152     December 31 of the year the registration expires.
3153          (3) A registration[,] issued under this section[,] shall specify:
3154          (a) the name and address of the weights and measures user;
3155          (b) the registration issuance and expiration date; and
3156          (c) the number and type of weights and measures devices to be certified.
3157          (4) (a) The department may immediately suspend a registration[,] issued under this
3158     section[,] if any of the requirements of Section [4-9-12] 4-9-116 are violated.
3159          (b) (i) The holder of a registration suspended under Subsection (4)(a) may apply for the
3160     reinstatement of a registration.
3161          (ii) If the department determines that all requirements under Section [4-9-12] 4-9-116
3162     are being met, the department shall reinstate the registration.
3163          (5) (a) A weights and measures user[,] registered under this section[,] shall allow the
3164     department access to the weights and measures user's place of business to determine if the
3165     weights and measures user is complying with the registration requirements.

3166          (b) If a weights and measures user denies access for an inspection required under
3167     Subsection (5)(a), the department may suspend the weights and measures user's registration
3168     until the department is allowed access to the weights and measures user's place of business.
3169          Section 111. Section 4-10-101, which is renumbered from Section 4-10-1 is
3170     renumbered and amended to read:
3171     
CHAPTER 10. BEDDING, UPHOLSTERED FURNITURE, AND

3172     
QUILTED CLOTHING INSPECTION ACT

3173          [4-10-1].      4-10-101. Title.
3174          This chapter [shall be] is known [and may be cited] as the "Bedding, Upholstered
3175     Furniture, and Quilted Clothing Inspection Act."
3176          Section 112. Section 4-10-102, which is renumbered from Section 4-10-2 is
3177     renumbered and amended to read:
3178          [4-10-2].      4-10-102. Definitions.
3179          As used in this chapter:
3180          (1) "Article" means a bedding, upholstered furniture, quilted clothing, or filling
3181     material.
3182          (2) "Bedding" means a:
3183          (a) quilted, packing, mattress, or hammock pad; or
3184          (b) mattress, boxspring, comforter, quilt, sleeping bag, studio couch, pillow, or cushion
3185     made with a filling material that can be used for sleeping or reclining.
3186          (3) "Consumer" means a person who purchases, rents, or leases an article for the
3187     article's intended, everyday use.
3188          (4) "Filling material" means cotton, wool, kapok, feathers, down, shoddy, hair, or other
3189     material, or a combination of materials, whether loose or in bags, bales, batting, pads, or other
3190     prefabricated form that is, or can be, used in bedding, upholstered furniture, or quilted clothing.
3191          (5) "Label" means the display of written, printed, or graphic matter upon a tag or upon
3192     the immediate container of a bedding, upholstered furniture, quilted clothing, or filling
3193     material.

3194          (6) (a) "Manufacture" means to make, process, or prepare from new or secondhand
3195     material, in whole or in part, a bedding, upholstered furniture, quilted clothing, or filling
3196     material for sale.
3197          (b) "Manufacture" does not include making, processing, or preparing an article
3198     described in Subsection (6)(a) if:
3199          (i) a person sells three or fewer of the articles per year; and
3200          (ii) the articles are sold by persons who are not primarily engaged in the making,
3201     processing, or preparation of the articles.
3202          (7) (a) "New material" means material that has not previously been used in the
3203     manufacture of another article used for any purpose.
3204          (b) "New material" includes by-products from a textile mill using only new raw
3205     material synthesized from a product that has been melted, liquified, and re-extruded.
3206          (8) "Owner's own material" means an article owned or in the possession of a person for
3207     the person's own or a tenant's use that is sent to another person for manufacture or repair.
3208          (9) "Quilted clothing" means a filled garment or apparel, exclusive of trim used for
3209     aesthetic effect, or a stiffener, shoulder pad, interfacing, or other material that is made in whole
3210     or in part from filling material and sold or offered for sale.
3211          (10) "Repair" means to restore, recover, alter, or renew bedding or upholstered
3212     furniture for a consideration.
3213          (11) "Retailer" means a person who sells bedding, upholstered furniture, quilted
3214     clothing, or filling material to a consumer for use primarily for personal, family, household, or
3215     business purposes.
3216          (12) (a) "Sale" or "sell" means to offer or expose for sale, barter, trade, deliver,
3217     consign, lease, or give away any bedding, upholstered furniture, quilted clothing, or filling
3218     material.
3219          (b) "Sale" or "sell" does not include a judicial, executor's, administrator's, or guardian's
3220     sale of an item described in Subsection (12)(a).
3221          (13) "Secondhand" means an article or filling material, or portion of an article or filling

3222     material, that has previously been used.
3223          (14) "Sterilize" means to disinfect, decontaminate, sanitize, cleanse, or purify as
3224     required by Section [4-10-14] 4-10-113.
3225          (15) "Tag" means a card, flap, or strip attached to an article for the purpose of
3226     displaying information required by this chapter or under rule made pursuant to it.
3227          (16) (a) "Used" means an article that has been sold to a consumer and has left the store.
3228          (b) "Used" does not include an article returned to the store:
3229          (i) with its original tags; and
3230          (ii) in its original packaging.
3231          (17) "Upholstered furniture" means portable or fixed furniture, except fixed seats in
3232     motor vehicles, boats, or aircraft, that is made in whole or in part with filling material,
3233     exclusive of trim used for aesthetic effect.
3234          (18) "Wholesaler" means a person who offers an article for resale to a retailer or
3235     institution rather than a final consumer.
3236          Section 113. Section 4-10-103, which is renumbered from Section 4-10-3 is
3237     renumbered and amended to read:
3238          [4-10-3].      4-10-103. Authority to make and enforce rules.
3239          The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
3240     Rulemaking Act, to make and enforce [such] rules [as in its judgment are necessary] to
3241     administer and enforce this chapter.
3242          Section 114. Section 4-10-104, which is renumbered from Section 4-10-4 is
3243     renumbered and amended to read:
3244          [4-10-4].      4-10-104. Manufacture, repair, or wholesale sale of bedding,
3245     upholstered furniture, quilted clothing, or filling material -- License required.
3246          It is unlawful for any person to engage in the manufacture, repair, or wholesale sale of
3247     any bedding, upholstered furniture, quilted clothing, or filling material without a license issued
3248     by the department.
3249          Section 115. Section 4-10-105, which is renumbered from Section 4-10-5 is

3250     renumbered and amended to read:
3251          [4-10-5].      4-10-105. License -- Application -- Fees -- Expiration -- Renewal.
3252          (1) (a) A person may apply to the department, on forms prescribed and furnished by the
3253     department, for a license to manufacture, repair, sterilize, or engage in the wholesale sale of
3254     bedding, upholstered furniture, quilted clothing, or filling material.
3255          (b) Upon receipt of a proper application and payment of the appropriate license fee, the
3256     commissioner, if satisfied that the convenience and necessity of the industry and the public will
3257     be served, shall issue to the applicant a license to engage in the particular activity through
3258     December 31 of the year in which the license is issued, subject to suspension or revocation for
3259     cause.
3260          (c) A person doing business under more than one name shall be licensed for each name
3261     under which business is conducted.
3262          (2) The annual license fee for each license issued under this chapter shall be
3263     determined by the department pursuant to Subsection [4-2-2] 4-2-103(2).
3264          (3) Each license issued under this chapter is renewable for a period of one year upon
3265     the payment of the applicable amount for the particular license sought to be renewed on or
3266     before December 31 of each year.
3267          (4) A person who holds a valid manufacturer's license may, upon application, be
3268     licensed as a wholesale dealer without the payment of an additional license fee.
3269          (5) A person who fails to renew a license and engages in conduct requiring a license
3270     under this chapter shall pay the applicable license fee for each year in which the person engages
3271     in conduct requiring a license for which a license is not renewed.
3272          (6) The department may retroactively collect a fee owed under Subsection (5).
3273          Section 116. Section 4-10-106, which is renumbered from Section 4-10-6 is
3274     renumbered and amended to read:
3275          [4-10-6].      4-10-106. Unlawful acts specified.
3276          It is unlawful for any person to:
3277          (1) sell bedding, upholstered furniture, quilted clothing, or filling material as new

3278     unless it is made from new material and properly tagged;
3279          (2) sell bedding, upholstered furniture, quilted clothing or filling material made from
3280     secondhand material which is not properly tagged;
3281          (3) label or sell a used or secondhand article as if it were a new article;
3282          (4) use burlap or other material which has been used for packing or baling, or to use
3283     any unsanitary, filthy, or vermin or insect infected filling material in the manufacture or repair
3284     of any article;
3285          (5) sell bedding, upholstered furniture, quilted clothing or filling material which is not
3286     properly tagged regardless of point of origin;
3287          (6) use any false or misleading statement, term, or designation on any tag;
3288          (7) use any false or misleading label;
3289          (8) sell new bedding, upholstered furniture, or quilted clothing with filling material
3290     made of down, feather, wool, or hair that has not been properly sterilized; or
3291          (9) engage in the manufacture, repair, sterilization, or wholesale sale of bedding,
3292     upholstered furniture, quilted clothing, or filling material without a license as required by this
3293     chapter.
3294          Section 117. Section 4-10-107, which is renumbered from Section 4-10-7 is
3295     renumbered and amended to read:
3296          [4-10-7].      4-10-107. Tagging requirements for bedding, upholstered furniture,
3297     and filling material.
3298          (1) (a) All bedding, upholstered furniture, and filling material shall be securely tagged
3299     by the manufacturer, retailer, or repairer.
3300          (b) Tags shall be at least six square inches and plainly and indelibly labeled with:
3301          (i) information as the department requires by rule;
3302          (ii) according to the filling material type, the words "All New Material," "Secondhand
3303     Material," or "Owner's Material," stamped or printed on the label; and
3304          (iii) the word "USED" stamped or printed on the label of a used mattress.
3305          (c) Each label shall be placed on the article in such a position as to facilitate ease of

3306     examination.
3307          (2) (a) If more than one type of filling material is used in an item, the percentage, by
3308     weight, of each component part shall be listed in order of predominance.
3309          (b) If descriptive statements are made about the frame, cover, or style of the article,
3310     such statements shall, in fact, be true.
3311          (c) All quilted clothing shall be tagged and labeled in conformity with the Federal
3312     Textile Fiber Products Identification Act, 15 U.S.C. Secs. 70 through 70k.
3313          (3) No person, except the purchaser, may remove, deface, or alter a tag attached
3314     according to this chapter.
3315          (4) A used mattress shall be tagged with the word "USED," in accordance with rules
3316     established by the department.
3317          (5) The retailer of a used mattress shall display the mattress so that the "USED" tag is
3318     clearly visible to a customer.
3319          Section 118. Section 4-10-108, which is renumbered from Section 4-10-7.3 is
3320     renumbered and amended to read:
3321          [4-10-7.3].      4-10-108. Seller's representation of a used mattress -- Bedding
3322     records required.
3323          (1) A seller shall represent a mattress tagged "USED" as previously used by a
3324     customer.
3325          (2) The manufacturer, repairer, wholesale dealer, or retailer of a mattress shall keep an
3326     invoice, shipping information, bill of lading, or other record of the mattress at the manufacture,
3327     repair, wholesale, or retail location for a minimum of one year from the day on which the
3328     invoice, shipping information, bill of lading, or other record was created or received.
3329          Section 119. Section 4-10-109, which is renumbered from Section 4-10-8 is
3330     renumbered and amended to read:
3331          [4-10-8].      4-10-109. Use of rubber stamp or stencil authorized -- Conditions
3332     for use.
3333          A rubber stamp or stencil may be used instead of a tag on articles with slip covers if the

3334     article has a smooth backing, or on suitable surfaces of containers or bales of filling material;
3335     provided, the information required by Section [4-10-7] 4-10-107 is indelible and legible.
3336          Section 120. Section 4-10-110, which is renumbered from Section 4-10-9 is
3337     renumbered and amended to read:
3338          [4-10-9].      4-10-110. Sale of bedding, upholstered furniture, quilted clothing,
3339     or filling material -- Tag, stamp, or stencil required -- Secondhand material to bear tag --
3340     Presumption -- Owner's own material to be tagged.
3341          (1) No wholesaler or retailer shall sell any bedding, upholstered furniture, quilted
3342     clothing, or prefabricated filling material, whether the point of origin of such article is inside or
3343     outside the state, unless it is appropriately tagged under Section [4-10-7] 4-10-107, or unless it
3344     is appropriately stamped or stenciled under Section [4-10-7 or 4-10-8] 4-10-107 or 4-10-109.
3345          (2) (a) A retailer who sells used articles shall attach a secondhand material tag before
3346     sale.
3347          (b) Possession of an article by a person who regularly engages in the manufacture,
3348     repair, wholesale, or supply of such articles is presumptive evidence of intent to sell.
3349          (3) (a) A person who repairs "owner's own material" shall immediately upon its receipt
3350     attach an owner's material tag to the article.
3351          (b) The tag shall remain attached to the article until it is actually in the process of
3352     repair and shall be reattached upon completion of repair.
3353          Section 121. Section 4-10-111, which is renumbered from Section 4-10-10 is
3354     renumbered and amended to read:
3355          [4-10-10].      4-10-111. Enforcement -- Inspection authorized -- Samples --
3356     Reimbursement for samples -- Warrants.
3357          (1) (a) The department may access public and private premises where articles subject to
3358     this chapter are manufactured, repaired, stored, or sold for the purpose of determining
3359     compliance with this chapter.
3360          (b) For purposes of determining compliance, the department may:
3361          (i) open any upholstered furniture, bedding, or quilted clothing to obtain a sample for

3362     inspection and analysis of filling material; or
3363          (ii) if considered appropriate by the department, take the entire article for inspection
3364     and analysis.
3365          (c) Upon request, the department shall reimburse the owner or person from whom a
3366     sample or article is taken in accordance with this Subsection (1) for the actual cost of the
3367     sample or article.
3368          (2) Upon request, the department may review and copy any of the records required
3369     under Subsection [4-10-7.3] 4-10-108(2).
3370          (3) The department may proceed immediately, if admittance is refused or a record is
3371     denied, to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow
3372     entry upon the premises for the purpose of making inspections and taking samples or articles.
3373          Section 122. Section 4-10-112, which is renumbered from Section 4-10-11 is
3374     renumbered and amended to read:
3375          [4-10-11].      4-10-112. Stop sale, use, or removal order authorized -- Conditions
3376     for release specified -- Condemnation or seizure -- Procedure specified -- Award of costs
3377     authorized.
3378          (1) (a) The department may issue a "stop sale, use, or removal order" to any
3379     manufacturer, repairer, wholesaler, or retailer of any designated article or articles which it finds
3380     or has reason to believe violates this chapter.
3381          (b) The order shall be in writing and no article subject to it shall be removed, offered,
3382     or exposed for sale, except upon subsequent written release by the department.
3383          (c) Before a release is issued, the department may require the manufacturer, repairer,
3384     wholesaler, or retailer of the "stopped" article to pay the expense incurred by the department in
3385     connection with the withdrawal of the article from the market.
3386          (2) (a) The department is authorized in a court of competent jurisdiction to seek an
3387     order of seizure or condemnation of any article which violates this chapter or, upon proper
3388     grounds, to obtain a temporary restraining order or permanent injunction to prevent violation of
3389     this chapter.

3390          (b) No bond shall be required of the department in an injunctive proceeding brought
3391     under this section.
3392          (3) [If] (a) Except as provided in Subsection (3)(b), if condemnation is ordered, the
3393     article shall be disposed of as the court directs[; provided, that in no event shall it].
3394          (b) The court may not order condemnation without giving the claimant of the article an
3395     opportunity to apply to the court for permission to bring the article into conformance, or for
3396     permission to remove it from the state.
3397          (4) If the court orders condemnation, court costs, fees, storage, and other costs shall be
3398     awarded against the claimant of the article.
3399          Section 123. Section 4-10-113, which is renumbered from Section 4-10-14 is
3400     renumbered and amended to read:
3401          [4-10-14].      4-10-113. Sterilization of filling material.
3402          (1) A person shall sterilize all wool, feathers, down, shoddy, hair, or other material
3403     before the material is used as filling material in new bedding, upholstered furniture, or quilted
3404     clothing.
3405          (2) The department shall, in accordance with Title 63G, Chapter 3, Utah
3406     Administrative Rulemaking Act, make rules governing the appropriate method by which a
3407     person may sterilize wool, feathers, down, shoddy, hair, or other material for use in filling
3408     material, as required by Subsection (1).
3409          Section 124. Section 4-11-101, which is renumbered from Section 4-11-1 is
3410     renumbered and amended to read:
3411     
CHAPTER 11. UTAH BEE INSPECTION ACT

3412          [4-11-1].      4-11-101. Title.
3413          This chapter [shall be] is known [and may be cited] as the "Utah Bee Inspection Act."
3414          Section 125. Section 4-11-102, which is renumbered from Section 4-11-2 is
3415     renumbered and amended to read:
3416          [4-11-2].      4-11-102. Definitions.
3417          As used in this chapter:

3418          (1) "Abandoned apiary" means any apiary[: (a)] to which the owner or operator fails to
3419     give reasonable and adequate attention during a given year[, with the result that the welfare of a
3420     neighboring colony is jeopardized; or (b) that is not properly identified in accordance with this
3421     chapter.] as determined by the department.
3422          (2) "Apiary" means any place where one or more colonies of bees are located.
3423          (3) "Apiary equipment" means hives, supers, frames, veils, gloves, or other equipment
3424     used to handle or manipulate bees, honey, wax, or hives.
3425          (4) "Appliance" means any apparatus, tool, machine, or other device used to handle or
3426     manipulate bees, wax, honey, or hives.
3427          (5) "Bee" means the common honey bee, Apis mellifera, at any stage of development.
3428          (6) (a) "Beekeeper" means a person who keeps bees [in order to: (i) collect honey and
3429     beeswax; (ii) pollinate crops; or (iii) produce bees for sale to other beekeepers.].
3430          (b) "Beekeeper" includes an [apiarists] apiarist.
3431          (7) "Colony" means an aggregation of bees in any type of hive that includes queens,
3432     workers, drones, or brood.
3433          (8) "Disease" means any infectious or contagious disease affecting bees, as specified by
3434     the department, including American foulbrood.
3435          (9) "Hive" means a frame hive, box hive, box, barrel, log, gum skep, or other artificial
3436     or natural receptacle that may be used to house bees.
3437          (10) "Package" means any number of bees in a bee-tight container, with or without a
3438     queen, and without comb.
3439          (11) "Parasite" means an organism that parasitizes any developmental stage of a bee.
3440          (12) "Pest" means an organism that:
3441          (a) inflicts damage to a bee or bee colony directly or indirectly; or
3442          (b) may damage apiary equipment in a manner that is likely to have an adverse affect
3443     on the health of the colony or an adjacent colony.
3444          (13) "Raise" means:
3445          (a) to hold a colony of bees in a hive for the purpose of pollination, honey production,

3446     or study, or a similar purpose; and
3447          (b) when the person holding a colony[,] holds the colony or a package of bees in the
3448     state for a period of time exceeding 30 days.
3449          (14) "Terminal disease" means a pest, parasite, or pathogen that will kill an occupant
3450     colony or subsequent colony on the same equipment.
3451          Section 126. Section 4-11-103, which is renumbered from Section 4-11-3 is
3452     renumbered and amended to read:
3453          [4-11-3].      4-11-103. Department authorized to make and enforce rules.
3454          (1) The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
3455     Rulemaking Act, to make and enforce [such] rules [as it considers] necessary for the
3456     administration and enforcement of this chapter. [Such rules]
3457          (2) The rules described in Subsection (1) shall include provisions for the identification
3458     of each apiary within the state.
3459          Section 127. Section 4-11-104, which is renumbered from Section 4-11-4 is
3460     renumbered and amended to read:
3461          [4-11-4].      4-11-104. Bee raising -- Registration required -- Application -- Fees
3462     -- Renewal -- License required -- Application -- Fees -- Renewal.
3463          (1) [(a)] A person may not raise bees in this state without being registered with the
3464     department.
3465          [(b)] (2) Application for registration to raise bees shall be made to the department upon
3466     tangible or electronic forms prescribed and furnished by the department, within 30 days after
3467     the person:
3468          [(i)] (a) takes possession of the bees; or
3469          [(ii)] (b) moves the bees into the state.
3470          [(c)] (3) Nothing in Subsection [(1)(b)] (2) limits the requirements of Section [4-11-11]
3471     4-11-111.
3472          [(d)] (4) An application in accordance with this chapter shall specify:
3473          [(i)] (a) the name and address of the applicant;

3474          [(ii)] (b) the number of bee colonies owned by the applicant at the time of the
3475     application that will be present in the state for a period exceeding 30 days; and
3476          [(iii)] (c) any other relevant information the department considers appropriate.
3477          [(e)] (5) Upon receipt of a proper application and payment of an annual registration fee
3478     determined by the department pursuant to Subsection [4-2-2] 4-2-103(2), the commissioner
3479     shall issue a registration to the applicant valid through December 31 of the year in which the
3480     registration is issued, subject to suspension or revocation for cause.
3481          [(f)] (6) A bee registration is renewable for a period of one year upon the payment of
3482     an annual registration renewal fee as determined by the department pursuant to Subsection
3483     [4-2-2] 4-2-103(2).
3484          [(g)] (7) Registration shall be renewed on or before December 31 of each year.
3485          [(2) (a) A person may not operate a wax-salvage plant without a license issued by the
3486     department.]
3487          [(b) Application for a license to operate a wax-salvage plant shall be made to the
3488     department upon tangible or electronic forms prescribed and furnished by the department.]
3489          [(c) The application shall specify such information as the department considers
3490     appropriate.]
3491          [(d) Upon receipt of a proper application and payment of a license fee as determined by
3492     the department pursuant to Subsection 4-2-2(2), the commissioner, if satisfied that the
3493     convenience and necessity of the industry and the public will be served, shall issue a license
3494     entitling the applicant to operate a wax-salvage plant through December 31 of the year in
3495     which the license is issued, subject to suspension or revocation for cause.]
3496          [(e) A wax-salvage license is renewable for a period of one year, on or before
3497     December 31 of each year, upon the payment of an annual license renewal fee as determined by
3498     the department pursuant to Subsection 4-2-2(2).]
3499          Section 128. Section 4-11-105, which is renumbered from Section 4-11-5 is
3500     renumbered and amended to read:
3501          [4-11-5].      4-11-105. County bee inspector -- Appointment -- Termination --

3502     Compensation.
3503          (1) The county executive upon the petition of five or more persons who raise bees
3504     within the respective county shall, with the approval of the commissioner, appoint a qualified
3505     person to act as a bee inspector within the county.
3506          (2) A county bee inspector shall be employed at the pleasure of the county executive
3507     and the commissioner[,] and is subject to termination of employment, with or without cause, at
3508     the instance of either.
3509          (3) Compensation for the county bee inspector shall be fixed by the county legislative
3510     body.
3511          (4) To be appointed a county bee inspector, a person shall demonstrate adequate
3512     training and knowledge related to this chapter, bee diseases, and pests.
3513          (5) A record concerning bee inspection shall be kept by the county executive or
3514     commissioner.
3515          (6) The county executive and the commissioner shall investigate a formal, written
3516     complaint against a county bee inspector.
3517          [(7) The department may authorize an inspection if:]
3518          [(a) a county bee inspector is not appointed; or]
3519          [(b) a conflict of interest arises with a county bee inspector.]
3520          Section 129. Section 4-11-106, which is renumbered from Section 4-11-6 is
3521     renumbered and amended to read:
3522          [4-11-6].      4-11-106. Hives to have removable frames -- Consent of county bee
3523     inspector to sell or transport diseased bees.
3524          (1) A person may not house or keep bees in a hive unless [it] the hive is equipped with
3525     movable frames to all [its] the hive's parts so that access to the hive can be had without
3526     difficulty.
3527          (2) No person who owns or has possession of bees (whether queens or workers) with
3528     knowledge that they are infected with terminal disease, parasites, or pests, or with knowledge
3529     that they have been exposed to terminal disease, parasites, or pests, shall sell, barter, give away,

3530     or move the bees, colonies, or apiary equipment without the consent of the county bee
3531     inspector or the department.
3532          Section 130. Section 4-11-107, which is renumbered from Section 4-11-7 is
3533     renumbered and amended to read:
3534          [4-11-7].      4-11-107. Inspector -- Duties -- Diseased apiaries -- Examination of
3535     diseased bees by department -- Election to transport bees to wax-salvage plant.
3536          (1) The county bee inspector or the department may inspect:
3537          (a) all apiaries within the county at least once each year; and[, also, inspect]
3538          (b) immediately any apiary within the county that is alleged in a [written] complaint to
3539     be severely diseased, parasitized, or abandoned.
3540          (2) If, upon inspection, the inspector determines that an apiary is diseased or
3541     parasitized, the inspector [shall] may take the following action based on the severity of the
3542     disease or parasite present:
3543          (a) prescribe the course of treatment that the owner or caretaker of the bees shall follow
3544     to eliminate the disease or parasite;
3545          (b) personally, for the purpose of treatment approved by the department, take control of
3546     the afflicted bees, hives, combs, broods, honey, and equipment; or
3547          (c) destroy the afflicted bees and, if necessary, their hives, combs, broods, honey, and
3548     all appliances that may have become infected.
3549          (3) If, upon reinspection, the inspector determines that the responsible party has not
3550     executed the course of treatment prescribed by Subsection (2), the inspector may take
3551     immediate possession of the afflicted colony for control or destruction in accordance with
3552     Subsection (2)(b) or (c).
3553          (4) (a) The owner of an apiary who is dissatisfied with the diagnosis or course of action
3554     proposed by an inspector under this section may, at the owner's expense, have the department
3555     examine the alleged diseased bees.
3556          (b) The decision of the commissioner with respect to the condition of bees at the time
3557     of the examination is final and conclusive upon the owner and the inspector involved.

3558          [(5) The owner of a diseased apiary, notwithstanding the provisions of Subsections (2),
3559     (3), and (4), may elect under the direction of the county bee inspector to kill the diseased bees,
3560     seal their hives, and transport them to a licensed wax-salvage plant.]
3561          Section 131. Section 4-11-108, which is renumbered from Section 4-11-8 is
3562     renumbered and amended to read:
3563          [4-11-8].      4-11-108. County bee inspector -- Disinfection required before
3564     leaving apiary with diseased bees.
3565          (1) Before inspecting the premises of any apiary, an inspector and any assistant of an
3566     inspector shall disinfect any equipment that will be used in the inspection.
3567          [(1)] (2) Before leaving the premises of any apiary [where disease exists], the [county]
3568     bee inspector, or any assistant, shall thoroughly disinfect any part of the inspector's own person,
3569     clothing, or any appliance that has come in contact with infected material.
3570          [(2)] (3) The method of disinfection required by Subsection [(1)] (2):
3571          (a) may be determined by the department; and
3572          (b) shall be sufficient to destroy disease, parasites, and pathogens encountered.
3573          [(3)] (4) A county bee inspector shall maintain a record of each inspection, including
3574     disinfection practices.
3575          [(4)] (5) The county executive or the commissioner may review a county bee
3576     inspector's records kept in accordance with Subsection [(3)] (4).
3577          Section 132. Section 4-11-109, which is renumbered from Section 4-11-9 is
3578     renumbered and amended to read:
3579          [4-11-9].      4-11-109. Inspection of apiaries where queen bees raised for sale --
3580     Honey from apiaries where queen bees raised for sale not to be used for candy for
3581     mailing cages unless boiled.
3582          (1) (a) At least twice each summer the county bee inspector [shall] may inspect each
3583     apiary in which queen bees are raised for sale.
3584          (b) A person may not sell or transport any queen bee from an apiary that is found to be
3585     infected with disease[,] without the consent of the county bee inspector or the department.

3586          (2) No person engaged in raising queen bees for sale shall use any honey for making
3587     candy for mailing cages that has not been boiled for at least 30 minutes.
3588          (3) A person rearing queens shall follow standard methods for minimizing or
3589     eliminating unmanageably aggressive stock.
3590          Section 133. Section 4-11-110, which is renumbered from Section 4-11-10 is
3591     renumbered and amended to read:
3592          [4-11-10].      4-11-110. Enforcement -- Inspections authorized -- Warrants.
3593          (1) The department and all [county] bee inspectors shall have access to all apiaries or
3594     places where bees, hives, and appliances are kept for the purpose of enforcing this chapter.
3595          (2) If admittance is refused, the department, or the [county] bee inspector involved,
3596     may proceed immediately to obtain an ex parte warrant from the nearest court of competent
3597     jurisdiction to allow entry upon the premises for the purpose of making an inspection.
3598          Section 134. Section 4-11-111, which is renumbered from Section 4-11-11 is
3599     renumbered and amended to read:
3600          [4-11-11].      4-11-111. Importation of bees or appliances into state --
3601     Certification required -- Inspection discretionary -- Authority to require destruction or
3602     removal of diseased bees and appliances.
3603          (1) (a) A person may not bring or import any bees in packages or hives or bring or
3604     import any used beekeeping equipment or appliances into this state[, except after] without
3605     obtaining a certificate from an inspector authorized in the state of origin certifying that:
3606          (i) the bees, apiary equipment, or appliances have been inspected within the current
3607     production season[,]; and [that]
3608          (ii) all diseased colonies in the apiary at the time of the inspection were destroyed or
3609     [removed to a licensed wax-salvage plant before the issuance of the certificate.] treated.
3610          (b) A person bringing or importing bees into the state shall advise the department of
3611     the address of the [bees] bees' destination and furnish the department with a copy of the
3612     certificate of inspection [either: (i) within at least five working days before the bees enter the
3613     state; or (ii)] upon entry into the state.

3614          (c) A person intending to hold bees in the state for a period of time exceeding 30 days
3615     shall comply with Section [4-11-4] 4-11-104.
3616          (2) (a) A person may not bring or import any used apiary equipment, except after
3617     obtaining a certificate from an inspector authorized in the state of origin certifying that all
3618     potentially pathogen-conductive apiary equipment or appliances are appropriately sterilized
3619     immediately before importation.
3620          (b) A person bringing or importing used apiary equipment shall advise the department
3621     of the address of the destination in the state and furnish the department with a copy of the
3622     certificate of inspection [either: (i) within at least five working days before the bees enter the
3623     state; or (ii)] upon entry into the state.
3624          (3) Used apiary equipment or appliances that have been exposed to terminal disease
3625     may not be sold without the consent of the [county] bee inspector or the commissioner.
3626          (4) In lieu of the certificate required by Subsection (1), the certificate may be a Utah
3627     certificate.
3628          (5) (a) If the department determines it is necessary for any reason to inspect any bees,
3629     apiary equipment, or appliance upon arrival at a destination in this state, and upon this
3630     inspection finds terminal disease, the department shall cause all diseased colonies, appliances,
3631     and equipment to be either:
3632          (i) destroyed immediately; or
3633          (ii) removed from the state within 48 hours.
3634          (b) The costs [under] of complying with Subsection (5)(a)(i) or (ii) shall be paid by the
3635     person bringing the diseased colonies, appliances, or equipment into the state.
3636          Section 135. Section 4-11-112, which is renumbered from Section 4-11-12 is
3637     renumbered and amended to read:
3638          [4-11-12].      4-11-112. Quarantine authorized.
3639          The commissioner, in order to protect the bee industry of the state against bee health or
3640     management issues, may quarantine the entire state, an entire county, or any apiary or specific
3641     hive within the state[, as the commissioner considers necessary].

3642          Section 136. Section 4-11-113, which is renumbered from Section 4-11-13 is
3643     renumbered and amended to read:
3644          [4-11-13].      4-11-113. Unlawful acts specified.
3645          It is unlawful for a person to:
3646          (1) extract honey in any place where bees can gain access either during or after the
3647     extraction process;
3648          [(2) remove honey or wax, or attempt to salvage, or salvage any hives, apiary
3649     equipment, or appliances from a diseased colony, except in a licensed wax-salvage plant,
3650     unless specifically authorized by a county bee inspector or the commissioner;]
3651          [(3)] (2) maintain any neglected or abandoned hives, apiary equipment, or appliances
3652     other than in an enclosure that prohibits the entrance of bees;
3653          [(4)] (3) raise bees without being registered with the department; or
3654          [(5) operate a wax-salvage plant without a license;]
3655          [(6) store an empty hive body, apiary equipment, or appliances in a manner that may
3656     propagate pests, disease, or bee feeding frenzy; or]
3657          [(7)] (4) knowingly sell a colony, apiary equipment, or [appliances that are] appliance
3658     that is inoculated with terminal disease pathogens.
3659          Section 137. Section 4-11-114, which is renumbered from Section 4-11-14 is
3660     renumbered and amended to read:
3661          [4-11-14].      4-11-114. Maintenance of abandoned apiary, equipment, or
3662     appliance -- Nuisance.
3663          (1) It is a public nuisance to keep [or maintain] an abandoned or diseased apiary, apiary
3664     equipment, or appliance anywhere other than in an enclosure that prohibits the entry of bees.
3665          (2) Items listed in Subsection (1) are subject to seizure and destruction by the county
3666     bee inspector.
3667          (3) Upon discovery of, or receipt of a written complaint concerning, an abandoned
3668     apiary site, apiary equipment, or appliance, the [county] bee inspector shall attempt to notify
3669     the registered owner, if any.

3670          (4) (a) A registered owner notified under Subsection (3) shall remove the abandoned
3671     apiary, apiary equipment, or appliance or provide a bee-proof enclosure within 15 days.
3672          (b) The [county] bee inspector or the department shall verify the removal or protection
3673     in accordance with Subsection (4)(a) at the expiration of the 15-day period.
3674          (c) If a registered owner does not comply with Subsection (4)(a), the [county] bee
3675     inspector or the department may seize and destroy the abandoned apiary, apiary equipment, and
3676     appliances.
3677          (5) A [county] bee inspector or the department may seize and destroy an abandoned
3678     apiary, apiary equipment, or appliances if the abandoned apiary, apiary equipment, or
3679     appliances do not indicate a registered owner.
3680          Section 138. Section 4-11-115, which is renumbered from Section 4-11-17 is
3681     renumbered and amended to read:
3682          [4-11-17].      4-11-115. Maintaining gentle stock.
3683          A beekeeper may not intentionally maintain an aggressive or unmanageable stock,
3684     whether African or European in origin.
3685          Section 139. Section 4-12-4 is amended to read:
3686          4-12-4. Distribution of commercial and customer-formula feed -- Registration or
3687     permit required -- Application -- Fees -- Expiration -- Renewal.
3688          (1) No person may distribute a commercial feed in this state which is not registered
3689     with the department. Application for registration shall be made to the department upon forms
3690     prescribed and furnished by it accompanied with an annual registration fee, determined by the
3691     department pursuant to Subsection [4-2-2] 4-2-103(2), for each brand name of commercial feed
3692     registered. Upon receipt of a proper application and payment of the appropriate fee, the
3693     commissioner shall issue a registration to the applicant allowing the applicant to distribute the
3694     registered commercial feed in this state through December 31 of the year in which the
3695     registration is issued, subject to suspension or revocation for cause.
3696          (2) A person who distributes customer-formula feed is not required to register such
3697     feed, but is required to obtain a permit from the department before distribution. Application

3698     for a customer-formula feed distribution permit shall be made to the department upon forms
3699     prescribed and furnished by it accompanied with an annual permit fee determined by the
3700     department pursuant to Subsection [4-2-2] 4-2-103(2). Upon receipt by the department of a
3701     proper application and payment of the appropriate fee as prescribed by the department, the
3702     commissioner shall issue a permit to the applicant allowing the applicant to distribute
3703     customer-formula feed in this state through December 31 of the year in which the permit is
3704     issued, subject to suspension or revocation for cause.
3705          (3) Each registration is renewable for a period of one year upon the payment of an
3706     annual registration renewal fee in an amount equal to the current applicable original
3707     registration fee. Each renewal fee shall be paid on or before December 31 of each year.
3708          (4) A customer-formula feed permit is renewable for a period of one year upon the
3709     payment of an annual permit renewal fee in an amount equal to the current applicable original
3710     permit fee. Each permit renewal fee shall be paid on or before December 31 of each year.
3711          Section 140. Section 4-13-101, which is renumbered from Section 4-13-1 is
3712     renumbered and amended to read:
3713     
CHAPTER 13. UTAH FERTILIZER ACT

3714          [4-13-1].      4-13-101. Title.
3715          This chapter [shall be] is known [and may be cited] as the "Utah Fertilizer Act."
3716          Section 141. Section 4-13-102, which is renumbered from Section 4-13-2 is
3717     renumbered and amended to read:
3718          [4-13-2].      4-13-102. Definitions.
3719          As used in this chapter:
3720          (1) "Adulterated fertilizer" means any commercial fertilizer that contains an ingredient
3721     that renders it injurious to beneficial plant life when applied in accordance with the directions
3722     on the label, or contains crop or weed seed, or is inadequately labeled to protect plant life.
3723          (2) "Brand" means any term, design, or trade mark used in connection with one or
3724     several grades of commercial fertilizer or soil amendment.
3725          (3) "Commercial fertilizer" means any substance that contains one or more recognized

3726     plant nutrients that is used for its plant nutrient content and is designed for use or claimed to
3727     have value in promoting plant growth, exclusive of unmanipulated animal and vegetable
3728     manures, marl, lime, limestone, wood ashes, gypsum, and other products exempted by rule of
3729     the department.
3730          (4) "Distributor" means any person who:
3731          (a) imports, consigns, manufactures, produces, compounds, mixes, or blends
3732     commercial fertilizer;
3733          (b) imports, consigns, manufactures, produces, compounds, sizes, or blends a soil
3734     amendment; or
3735          (c) offers for sale, sells, barters, or otherwise supplies commercial fertilizer or a soil
3736     amendment in this state.
3737          (5) "Fertilizer material" means a commercial fertilizer that contains either:
3738          (a) quantities of no more than one of the primary plant nutrients (nitrogen, phosphoric
3739     acid and potash);
3740          (b) approximately 85% plant nutrients in the form of a single chemical compound; or
3741          (c) plant or animal residues or by-products, or a natural material deposit that is
3742     processed so that its primary plant nutrients have not been materially changed, except through
3743     purification and concentration.
3744          (6) "Grade" means the percentage of total nitrogen, available phosphorus or phosphoric
3745     acid, and soluble potassium or soluble potash stated in whole numbers in the same terms,
3746     order, and percentages as in the guaranteed analysis; provided, that specialty fertilizers may be
3747     guaranteed in fractional units of less than one percent of total nitrogen, available phosphorus or
3748     phosphoric acid, and soluble potassium or soluble potash and that fertilizer materials such as
3749     bone meal, manures, and similar raw materials may be guaranteed in fractional units.
3750          (7) (a) "Guaranteed analysis" means the minimum percentage by weight of plant
3751     nutrients claimed in the following order and form:
3752      Total nitrogen (N)
____ percent
3753      Available phosphoric acid (P0)
____ percent
3754      Soluble potash (K0)
____ percent
3755          (b) For unacidulated mineral phosphatic materials and basic slag, bone, tankage, and
3756     other organic phosphate materials, it means the total phosphoric acid or degree of fineness.
3757          (c) Potential basicity or acidity expressed in terms of calcium carbonate equivalent in
3758     multiples of one hundred pounds per ton, when required by rule.
3759          (d) (i) Guarantees for plant nutrients other than nitrogen, phosphorus, and potassium
3760     may be permitted or required by rule of the department.
3761          (ii) The guarantees for such other nutrients shall be expressed in the form of the
3762     element.
3763          (iii) The sources of such other nutrients, such as oxides, salt, chelates, may be required
3764     to be stated on the application for registration and may be included as a parenthetical statement
3765     on the label.
3766          (iv) Other beneficial substances or compounds, determinable by laboratory methods,
3767     also may be guaranteed by permission of the department.
3768          (v) Any plant nutrients or other substances or compounds guaranteed are subject to
3769     inspection and analysis in accord with the methods and rules prescribed by the department.
3770          (8) "Investigational allowance" means an allowance for variations inherent in the
3771     taking, preparation, and analysis of an official sample of commercial fertilizer or soil
3772     amendment.
3773          (9) "Label" means the display of all written, printed, or graphic matter upon the
3774     immediate container or statement accompanying a commercial fertilizer or soil amendment.
3775          (10) "Labeling" means all written, printed, or graphic matter upon or accompanying
3776     any commercial fertilizer or soil amendment, or advertisements, brochures, posters, television
3777     and radio announcements used in promoting the sale of such commercial fertilizers or soil
3778     amendments.
3779          (11) "Mixed fertilizer" means a commercial fertilizer containing any combination of
3780     fertilizer materials.
3781          (12) "Official sample" means any sample of commercial fertilizer or soil amendment

3782     taken by the department and designated as "official."
3783          (13) "Percent" or "percentage" means the percentage by weight.
3784          (14) "Registrant" means any person who registers a commercial fertilizer or a soil
3785     amendment under the provisions of this chapter.
3786          (15) (a) "Soil amendment" means any substance that is intended to improve the
3787     physical characteristics of soil.
3788          (b) "Soil amendment" does not include any commercial fertilizer, agriculture liming
3789     materials, unmanipulated animal manure, unmanipulated vegetable manure, pesticides, or other
3790     material exempt by rule of the department.
3791          (16) "Specialty fertilizer" means any commercial fertilizer distributed primarily for
3792     non-farm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks,
3793     cemeteries, greenhouses, and nurseries.
3794          (17) "Ton" means a net weight of 2,000 pounds avoirdupois.
3795          Section 142. Section 4-13-103, which is renumbered from Section 4-13-3 is
3796     renumbered and amended to read:
3797          [4-13-3].      4-13-103. Distribution of commercial fertilizer or soil amendment --
3798     Registration required -- Application -- Fees -- Expiration -- Renewal -- Exemptions
3799     specified -- Blenders and mixers to register name under which business conducted --
3800     Blenders and mixers fee.
3801          (1) (a) Each brand and grade of commercial fertilizer or soil amendment shall be
3802     registered in the name of the person whose name appears upon the label before being
3803     distributed in this state.
3804          (b) The application for registration shall be submitted to the department on a form
3805     prescribed and furnished by it, and shall be accompanied by a fee determined by the department
3806     pursuant to Subsection [4-2-2] 4-2-103(2) for each brand and grade.
3807          (c) Upon approval by the department, a copy of the registration shall be furnished to
3808     the applicant.
3809          (d) (i) Each registration expires at midnight on December 31 of the year in which

3810     issued.
3811          (ii) Each registration is renewable for a period of one year upon the payment of an
3812     annual registration renewal fee in an amount equal to the current applicable original
3813     registration fee.
3814          (iii) Each renewal fee shall be paid on or before December 31 of each year.
3815          (2) The application for registration shall include the following information:
3816          (a) the net weight;
3817          (b) the brand and grade;
3818          (c) the guaranteed analysis;
3819          (d) the name and address of the registrant; and
3820          (e) any other information as the department may prescribe by rule.
3821          (3) A distributor is not required to register any commercial fertilizer which has been
3822     registered by another person under this chapter if the label does not differ in any respect.
3823          (4) (a) A distributor is not required to register each grade of commercial fertilizer
3824     formulated by a consumer before mixing, but is required to:
3825          (i) register the name under which the business of blending or mixing is conducted;
3826          (ii) pay an annual blenders license fee determined by the department pursuant to
3827     Subsection [4-2-2] 4-2-103(2); and
3828          (iii) label the mixed fertilizer or soil amendment as provided in Section [4-13-4]
3829     4-13-104.
3830          (b) (i) A blenders license shall expire at midnight on December 31 of the year in which
3831     it is issued.
3832          (ii) A blenders license is renewable for a period of one year upon the payment of an
3833     annual license renewal fee in an amount equal to the current applicable original blenders
3834     license fee.
3835          (iii) Each renewal fee shall be paid on or before December 31 of each year.
3836          (5) (a) A fee shall be assessed on fertilizer and soil amendment products sold in the
3837     state.

3838          (b) The fee shall be:
3839          (i) determined by the department pursuant to Subsection [4-2-2] 4-2-103(2); and
3840          (ii) paid by the manufacturer or distributor on a schedule specified by rule.
3841          (c) Revenue generated by the fee shall be deposited in the General Fund as dedicated
3842     credits to be used by the department for education about and promotion of proper fertilizer
3843     distribution, handling, and use.
3844          Section 143. Section 4-13-104, which is renumbered from Section 4-13-4 is
3845     renumbered and amended to read:
3846          [4-13-4].      4-13-104. Labeling requirements for specialty fertilizer, bulk
3847     commercial fertilizer, packaged mixed fertilizer, and soil amendments specified.
3848          (1) Each container of specialty commercial fertilizer distributed in this state shall bear
3849     a label setting forth:
3850          (a) its net weight;
3851          (b) brand and grade;
3852          (c) guaranteed analysis;
3853          (d) the name and address of the registrant; and
3854          (e) the lot number.
3855          (2) (a) Each bulk shipment of commercial fertilizer distributed in this state shall be
3856     accompanied by a printed or written statement setting forth the information specified in
3857     Subsections (1)(a) through (e).
3858          (b) The statement shall be delivered to the purchaser at the time the bulk fertilizer is
3859     delivered.
3860          (3) Each sale of packaged mixed fertilizer shall be labeled, or labeling furnished the
3861     consumer, to show its net weight, guaranteed analysis, lot number, and the name and address of
3862     the distributor.
3863          (4) (a) Each container of soil amendment shall conform to the requirements of
3864     Subsection (1), and if distributed in bulk, with Subsection (2).
3865          (b) The name or chemical designation and content of the soil amending ingredient or

3866     any other information prescribed by rule of the department shall appear whether distributed in a
3867     container or in bulk.
3868          Section 144. Section 4-13-105, which is renumbered from Section 4-13-5 is
3869     renumbered and amended to read:
3870          [4-13-5].      4-13-105. Enforcement -- Inspection and samples authorized --
3871     Methods for sampling and analysis prescribed -- Warrants.
3872          (1) The department shall periodically sample, inspect, analyze, and test commercial
3873     fertilizers and soil amendments distributed within this state to determine if they comply with
3874     this chapter.
3875          (2) Methods of analysis and sampling shall be in accordance with those adopted by the
3876     department from sources such as the Association of Official Analytical Chemists Journal.
3877          (3) In determining whether a commercial fertilizer or soil amendment is deficient, the
3878     department shall be guided solely by the official sample.
3879          (4) (a) The department is authorized to enter any public or private premises or carriers
3880     during regular business hours in order to have access to commercial fertilizers or soil
3881     amendments subject to this chapter.
3882          (b) If admittance is refused, the department may proceed immediately to obtain an ex
3883     parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises
3884     for the purpose of making inspections and obtaining samples.
3885          Section 145. Section 4-13-106, which is renumbered from Section 4-13-6 is
3886     renumbered and amended to read:
3887          [4-13-6].      4-13-106. Distribution of fertilizers not complying with labeling
3888     requirements prohibited -- Guaranteed analysis deficient -- Penalty assessed -- Time for
3889     payment -- Court action to vacate or amend finding authorized.
3890          (1) No person shall distribute in this state a commercial fertilizer, fertilizer material,
3891     soil amendment or specialty fertilizer if the official sample thereof establishes that the
3892     commercial fertilizer, fertilizer material, soil amendment or specialty fertilizer is deficient in
3893     the nutrients guaranteed on the label by an amount exceeding the values established by rule or

3894     if the overall index value of the official sample is below the level established by rule.
3895          (2) If an official sample, after analysis, demonstrates the guaranteed analysis is
3896     deficient in one or more of its primary plant foods (NPK) beyond the investigational allowance
3897     prescribed by rule, or if the over-all index value of the official sample is below the level
3898     established by rule, a penalty of three times the commercial value of the deficiency or
3899     deficiencies of the lot represented by the official sample may be assessed against the registrant.
3900          (3) All penalties assessed under this section shall be paid to the department within
3901     three months after notice from the department.
3902          (4) Any registrant aggrieved by the finding of an official sample deficiency may file a
3903     complaint with a court of competent jurisdiction to vacate or amend the finding of the
3904     department.
3905          Section 146. Section 4-13-107, which is renumbered from Section 4-13-7 is
3906     renumbered and amended to read:
3907          [4-13-7].      4-13-107. Department to publish commercial values applied to
3908     components of commercial fertilizer.
3909          The department shall annually publish the values per unit of nitrogen, available
3910     phosphoric acid, and soluble potash in commercial fertilizers in this state for the purpose of
3911     notifying registrants of the commercial value to be applied to commercial fertilizers under
3912     Section [4-13-6] 4-13-106.
3913          Section 147. Section 4-13-108, which is renumbered from Section 4-13-8 is
3914     renumbered and amended to read:
3915          [4-13-8].      4-13-108. Suspension or revocation authorized -- Refusal to register
3916     authorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action --
3917     Procedure -- Costs.
3918          (1) The department may revoke or suspend the registration of any brand of commercial
3919     fertilizer or soil amendment, or refuse to register any brand of commercial fertilizer or soil
3920     amendment upon satisfactory evidence that the registrant has used fraudulent or deceptive
3921     practices in registration or distribution in this state.

3922          (2) (a) The department may issue a "stop sale, use or removal order" to the owner or
3923     person in possession of any designated lot of commercial fertilizer or soil amendment which it
3924     finds or has reason to believe is being offered or exposed for sale in violation of this chapter.
3925          (b) The order shall be in writing and no commercial fertilizer or soil amendment
3926     subject to it shall be moved or offered or exposed for sale, except upon the subsequent written
3927     release of the department.
3928          (c) Before a release is issued, the department may require the owner or person in
3929     possession of the "stopped" lot to pay the expense incurred by the department in connection
3930     with the withdrawal of the product from the market.
3931          (3) (a) The department is authorized in a court of competent jurisdiction to seek an
3932     order of seizure or condemnation of any fertilizer which violates this chapter or, upon proper
3933     grounds, to obtain a temporary restraining order or permanent injunction, to prevent violation
3934     of this chapter.
3935          (b) No bond shall be required of the department in any injunctive proceeding under this
3936     section.
3937          (4) If condemnation is ordered, the fertilizer or soil amendment shall be disposed of as
3938     the court directs; provided, that in no event shall it order condemnation without giving the
3939     claimant of the fertilizer or soil amendment an opportunity to apply to the court for permission
3940     to relabel, reprocess, or otherwise bring the product into conformance, or to remove it from the
3941     state.
3942          (5) If the court orders condemnation of the commercial fertilizer or soil amendment,
3943     court costs, fees, storage, and other expenses shall be awarded against the claimant of the
3944     fertilizer or soil amendment.
3945          Section 148. Section 4-13-109, which is renumbered from Section 4-13-9 is
3946     renumbered and amended to read:
3947          [4-13-9].      4-13-109. Sales or exchanges of commercial fertilizers or soil
3948     amendments between manufacturers, importers, or manipulators permitted.
3949          Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of

3950     commercial fertilizers or soil amendments to each other by importers, manufacturers, or
3951     manipulators who mix fertilizer or soil amendment materials for sale or as preventing the free
3952     and unrestricted shipment of commercial fertilizer or soil amendments to manufacturers or
3953     manipulators who have registered their brands as required by this chapter.
3954          Section 149. Section 4-14-101, which is renumbered from Section 4-14-1 is
3955     renumbered and amended to read:
3956     
CHAPTER 14. UTAH PESTICIDE CONTROL ACT

3957          [4-14-1].      4-14-101. Title.
3958          This chapter [shall be] is known [and may be cited] as the "Utah Pesticide Control Act."
3959          Section 150. Section 4-14-102, which is renumbered from Section 4-14-2 is
3960     renumbered and amended to read:
3961          [4-14-2].      4-14-102. Definitions.
3962          As used in this chapter:
3963          (1) "Active ingredient" means an ingredient that:
3964          (a) prevents, destroys, repels, controls, or mitigates pests; or
3965          (b) acts as a plant regulator, defoliant, or desiccant.
3966          (2) "Adulterated pesticide" means a pesticide with a strength or purity that is below the
3967     standard of quality expressed on the label under which [it] the pesticide is offered for sale.
3968          (3) "Animal" means all vertebrate or invertebrate species.
3969          (4) "Beneficial insect" means an insect that is:
3970          (a) an effective pollinator of plants;
3971          (b) a parasite or predator of pests; or
3972          (c) otherwise beneficial.
3973          (5) "Defoliant" means a substance or mixture intended to cause leaves or foliage to
3974     drop from a plant, with or without causing abscission.
3975          (6) "Desiccant" means a substance or mixture intended to artificially accelerate the
3976     drying of plant or animal tissue.
3977          (7) "Distribute" means to offer for sale, sell, barter, ship, deliver for shipment, receive,

3978     deliver, or offer to deliver pesticides in this state.
3979          (8) "Environment" means all living plants and animals, water, air, land, and the
3980     interrelationships that exist between them.
3981          (9) (a) "Equipment" means any type of ground, water, or aerial equipment or
3982     contrivance using motorized, mechanical, or pressurized power to apply a pesticide.
3983          (b) "Equipment" does not mean any pressurized hand-sized household apparatus used
3984     to apply a pesticide or any equipment or contrivance used to apply a pesticide that is dependent
3985     solely upon energy expelled by the person making the pesticide application.
3986          (10) "EPA" means the United States Environmental Protection Agency.
3987          (11) "FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act.
3988          (12) (a) "Fungus" means a nonchlorophyll-bearing thallophyte or a
3989     nonchlorophyll-bearing plant of an order lower than mosses and liverworts, including rust,
3990     smut, mildew, mold, yeast, and bacteria.
3991          (b) "Fungus" does not include fungus existing on or in:
3992          (i) a living person or other animal; or
3993          (ii) processed food, beverages, or pharmaceuticals.
3994          (13) "Insect" means an invertebrate animal generally having a more or less obviously
3995     segmented body:
3996          (a) usually belonging to the Class Insecta, comprising six-legged, usually winged
3997     forms, including beetles, bugs, bees, and flies; and
3998          (b) allied classes of arthropods that are wingless usually having more than six legs,
3999     including spiders, mites, ticks, centipedes, and wood lice.
4000          (14) "Label" means any written, printed, or graphic matter on, or attached to, a
4001     pesticide or a container or wrapper of a pesticide.
4002          (15) (a) "Labeling" means all labels and all other written, printed, or graphic matter:
4003          (i) accompanying a pesticide or equipment; or
4004          (ii) to which reference is made on the label or in literature accompanying a pesticide or
4005     equipment.

4006          (b) "Labeling" does not include any written, printed, or graphic matter created by the
4007     EPA, the United States Departments of Agriculture or Interior, the United States Department of
4008     Health, Education, and Welfare, state experimental stations, state agricultural colleges, and
4009     other federal or state institutions or agencies authorized by law to conduct research in the field
4010     of pesticides.
4011          (16) "Land" means land, water, air, and plants, animals, structures, buildings,
4012     contrivances, and machinery appurtenant or situated thereon, whether fixed or mobile,
4013     including any used for transportation.
4014          (17) "Misbranded" means any label or labeling that is false or misleading or that does
4015     not strictly comport with the label and labeling requirements set forth in Section [4-14-4]
4016     4-14-104.
4017          (18) "Misuse" means use of any pesticide in a manner inconsistent with [its] the
4018     pesticide's label or labeling.
4019          (19) "Nematode" means invertebrate animals of the Phylum Nemathelminthes and
4020     Class Nematoda, including unsegmented round worms with elongated, fusiform, or saclike
4021     bodies covered with cuticle, also known as nemas or eelworms.
4022          (20) (a) "Pest" means:
4023          (i) any insect, rodent, nematode, fungus, weed; or
4024          (ii) any other form of terrestrial or aquatic plant or animal life, virus, bacteria, or other
4025     microorganism that is injurious to health or to the environment or that the department declares
4026     to be a pest.
4027          (b) "Pest" does not include:
4028          (i) viruses, bacteria, or other microorganisms on or in a living person or other living
4029     animal; or
4030          (ii) protected wildlife species identified in Section 23-13-2 that are regulated by the
4031     Division of Wildlife Resources in accordance with Sections 23-14-1 through 23-14-3.
4032          (21) "Pesticide" means any:
4033          (a) substance or mixture of substances, including a living organism, that is intended to

4034     prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug,
4035     fungus, weed, or other form of plant or animal life that is normally considered to be a pest or
4036     that the commissioner declares to be a pest;
4037          (b) any substance or mixture of substances intended to be used as a plant regulator,
4038     defoliant, or desiccant;
4039          (c) any spray adjuvant, such as a wetting agent, spreading agent, deposit builder,
4040     adhesive, or emulsifying agent with deflocculating properties of its own used with a pesticide
4041     to aid [its] the pesticide's application or effect; and
4042          (d) any other substance designated by the department by rule.
4043          (22) "Pesticide applicator" is a person who:
4044          (a) applies or supervises the application of a pesticide; and
4045          (b) is required by this chapter to have a license.
4046          (23) (a) "Pesticide applicator business" means an entity that:
4047          (i) is authorized to do business in this state; and
4048          (ii) offers pesticide application services.
4049          (b) "Pesticide applicator business" does not include an individual licensed agricultural
4050     applicator who may work for hire.
4051          (24) "Pesticide dealer" means any person who distributes restricted use pesticides.
4052          (25) (a) "Plant regulator" means any substance or mixture intended, through
4053     physiological action, to accelerate or retard the rate of growth or rate of maturation, or
4054     otherwise alter the behavior of ornamental or crop plants.
4055          (b) "Plant regulator" does not include plant nutrients, trace elements, nutritional
4056     chemicals, plant inoculants, or soil amendments.
4057          (26) "Restricted use pesticide" means:
4058          (a) a pesticide, including a highly toxic pesticide, that is a serious hazard to beneficial
4059     insects, animals, or land; or
4060          (b) any pesticide or pesticide use restricted by the administrator of EPA or by the
4061     commissioner.

4062          (27) "Weed" means any plant that grows where not wanted.
4063          (28) "Wildlife" means all living things that are neither human, domesticated, nor pests.
4064          Section 151. Section 4-14-103, which is renumbered from Section 4-14-3 is
4065     renumbered and amended to read:
4066          [4-14-3].      4-14-103. Registration required for distribution -- Application --
4067     Fees -- Renewal -- Local needs registration -- Distributor or applicator license -- Fees --
4068     Renewal.
4069          (1) (a) [No] A person [may distribute a pesticide in this state] that is not registered with
4070     the department may not distribute a pesticide in this state.
4071          (b) Application for registration shall be made to the department upon forms prescribed
4072     and furnished by [it] the department accompanied with an annual registration fee determined
4073     by the department pursuant to Subsection [4-2-2] 4-2-103(2) for each pesticide registered.
4074          (c) Upon receipt by the department of a proper application and payment of the
4075     appropriate fee, the commissioner shall issue a registration to the applicant allowing
4076     distribution of the registered pesticide in this state through June 30 of each year, subject to
4077     suspension or revocation for cause.
4078          (d) (i) Each registration is renewable for a period of one year upon the payment of an
4079     annual registration renewal fee in an amount equal to the current applicable original
4080     registration fee.
4081          (ii) Each renewal fee shall be paid on or before June 30 of each year.
4082          (2) The application shall include the following information:
4083          (a) the name and address of the applicant and the name and address of the person
4084     whose name will appear on the label, if other than the applicant's name;
4085          (b) the name of the pesticide;
4086          (c) a complete copy of the label [which] that will appear on the pesticide; and
4087          (d) any information prescribed by rule of the department considered necessary for the
4088     safe and effective use of the pesticide.
4089          (3) (a) Forms for the renewal of registration shall be mailed to registrants at least 30

4090     days before their registration expires.
4091          (b) A registration in effect on June 30 for which a renewal application has been filed
4092     and the registration fee tendered shall continue in effect until the applicant is notified either
4093     that the registration is renewed or that [it] the registration is suspended or revoked pursuant to
4094     Section [4-14-8] 4-14-108.
4095          (4) The department may, before approval of any registration, require the applicant to
4096     submit the complete formula of any pesticide, including active and inert ingredients, and may
4097     also, for any pesticide not registered according to 7 U.S.C. Sec. 136a or for any pesticide on
4098     which restrictions are being considered, require a complete description of all tests and test
4099     results that support the claims made by the applicant or the manufacturer of the pesticide.
4100          (5) A registrant who desires to register a pesticide to meet special local needs
4101     according to 7 U.S.C. Sec. 136v(c) shall, in addition to complying with Subsections (1) and
4102     (2), satisfy the department that:
4103          (a) a special local need exists;
4104          (b) the pesticide warrants the claims made for [it] the pesticide;
4105          (c) the pesticide, if used in accordance with commonly accepted practices, will not
4106     cause unreasonable adverse effects on the environment; and
4107          (d) the proposed classification for use conforms with 7 U.S.C. Sec. 136a(d).
4108          (6) [No] A registration is not required for a pesticide distributed in this state pursuant
4109     to an experimental use permit issued by the EPA or under Section [4-14-5] 4-14-105.
4110          (7) [No] A pesticide dealer may not distribute a restricted use pesticide in this state
4111     without a license.
4112          (8) A person shall receive a license before applying:
4113          (a) a restricted use pesticide; or
4114          (b) a general use pesticide for hire or in exchange for compensation.
4115          (9) (a) A license to engage in an activity listed in Subsection (7) or (8) may be obtained
4116     by:
4117          (i) submitting an application on a form provided by the department;

4118          (ii) showing evidence of competence in the pesticide profession, as established by rule,
4119     and complying with the rules adopted by the department under this chapter;
4120          (iii) demonstrating good character;
4121          (iv) having no outstanding infractions and owing no money to the department; and
4122          (v) paying the license fee determined by the department according to Subsection
4123     [4-2-2] 4-2-103(2).
4124          (b) A person may apply for a triennial license that expires on December 31 of the
4125     second calendar year after the calendar year in which the license is issued.
4126          (c) Notwithstanding Section 63J-1-504, the department shall retain the fees as
4127     dedicated credits and may only use the fees to administer and enforce this title.
4128          Section 152. Section 4-14-104, which is renumbered from Section 4-14-4 is
4129     renumbered and amended to read:
4130          [4-14-4].      4-14-104. Labeling requirement for pesticides specified.
4131          (1) Each container of pesticide distributed in this state shall bear a label setting forth:
4132          (a) the name, brand, or trademark under which [it] the pesticide is distributed;
4133          (b) subject to Subsection (2), an accurate statement of the ingredients on [that]:
4134          (i) the part of the immediate container [(and] that is presented or displayed under
4135     customary conditions of purchase; and
4136          (ii) on the outside container and wrapper of the retail package, if there be one, through
4137     which the ingredient statement on the immediate container cannot be clearly read[) which is
4138     presented or displayed under customary conditions of purchase; provided, that the ingredient
4139     statement may appear prominently on another part of the container as permitted pursuant to
4140     Section 2(q)(2)(A) of FIFRA if the size or form of the container makes it impracticable to place
4141     it on the part of the retail package which is presented or displayed under customary conditions
4142     of purchase;];
4143          (c) a warning or caution statement if necessary, which, if complied with together with
4144     any requirements imposed under Section 3(d) of FIFRA, is adequate to protect [the] health and
4145     the environment;

4146          (d) the net weight or measure of the content;
4147          (e) the name and address of the manufacturer, registrant, or person for whom
4148     manufactured;
4149          (f) the EPA registration number assigned to each establishment in which [it] the
4150     pesticide was produced and the EPA registration number assigned to the pesticide, if required
4151     by regulations under FIFRA;
4152          (g) the federal use classification under which the pesticide is registered or designated
4153     for "experimental use only"; and
4154          (h) directions for use of the pesticide sufficient to [effectuate] carry out the purposes
4155     for which the product is intended and which, if complied with together with any requirements
4156     imposed under Section 3(d) of FIFRA, are adequate to protect health and the environment.
4157          (2) An ingredient statement may appear prominently on another part of a container, as
4158     permitted under Section 2(q)(2)(A) of FIFRA, if the size or form of the container makes it
4159     impractical to place the ingredient statement on the part of the retail package that is presented
4160     or displayed under customary conditions of purchase.
4161          [(2)] (3) If the pesticide is highly toxic the label shall, in addition to the other label
4162     requirements, display:
4163          (a) the skull and crossbones;
4164          (b) the word "POISON" in red prominently displayed on a background of distinctly
4165     contrasting color; and
4166          (c) a statement of a practical treatment [(],first aid or otherwise[)], in case of poisoning
4167     by the pesticide.
4168          Section 153. Section 4-14-105, which is renumbered from Section 4-14-5 is
4169     renumbered and amended to read:
4170          [4-14-5].      4-14-105. Issuance of experimental use permits -- Application --
4171     Terms and conditions for issuance.
4172          (1) The department upon application may:
4173          (a) issue an experimental use permit to any person if [it] the department determines

4174     that the applicant needs such a permit in order to accumulate information necessary to register
4175     a pesticide under Section [4-14-3] 4-14-103; or
4176          (b) refuse to issue an experimental permit if [it] the department determines that
4177     issuance is not warranted or that the pesticide use to be made under the proposed terms and
4178     conditions may cause unreasonable adverse effects on the environment.
4179          (2) The department may also with respect to issuance of an experimental use permit:
4180          (a) prescribe the terms and conditions for the conduct of the experimental use [which]
4181     that in all events shall be under the supervision of the department; and
4182          (b) revoke or modify any experimental use permit if [it] the department determines that
4183     the terms or conditions of the experimental use are being violated, or that the terms and
4184     conditions prescribed are inadequate to avoid unreasonable adverse effects to the environment.
4185          (3) Application for an experimental use permit may be made before, after, or
4186     simultaneously with an application for registration.
4187          Section 154. Section 4-14-106, which is renumbered from Section 4-14-6 is
4188     renumbered and amended to read:
4189          [4-14-6].      4-14-106. Department authorized to make and enforce rules.
4190          The department may, by following the procedures and requirements of Title 63G,
4191     Chapter 3, Utah Administrative Rulemaking Act, adopt rules to:
4192          (1) declare as a pest any form of plant or animal life that is injurious to health or the
4193     environment, except:
4194          (a) a human being; or
4195          (b) a bacteria, virus, or other microorganism on or in a living person or animal;
4196          (2) establish, in accordance with the regulations [promulgated] issued by the EPA
4197     under 7 U.S.C. Sec. 136w(c)(2), whether pesticides registered for special local needs under the
4198     authority of 7 U.S.C. Sec. 136v(c) are highly toxic to man;
4199          (3) establish, consistent with EPA regulations, that certain pesticides or quantities of
4200     substances contained in these pesticides are injurious to the environment;
4201          (4) adopt a list of "restricted use pesticides" for the state or designated areas within the

4202     state if [it] the department determines upon substantial evidence presented at a public hearing
4203     and upon recommendation of the pesticide committee that restricted use is necessary to prevent
4204     damage to property or to the environment;
4205          (5) establish qualifications for a pesticide applicator business; and
4206          (6) adopt any rule, not inconsistent with federal regulations [promulgated] issued under
4207     FIFRA, considered necessary to administer and enforce this chapter, including rules relating
4208     to the sale, distribution, use, and disposition of pesticides if necessary to prevent damage and to
4209     protect the public health.
4210          Section 155. Section 4-14-107, which is renumbered from Section 4-14-7 is
4211     renumbered and amended to read:
4212          [4-14-7].      4-14-107. Enforcement -- Inspection and sampling authorized --
4213     Notice of deficiency to be given registrant -- Objects of inspection delineated -- Warrants.
4214          (1) The department, to determine compliance with this chapter, shall periodically:
4215          (a) sample, inspect, and analyze pesticides distributed within this state;
4216          (b) observe and investigate the use and application of pesticides within this state; and
4217          (c) inspect equipment used to apply pesticides in this state to determine if [they
4218     comply] the equipment complies with this chapter.
4219          (2) (a) If a pesticide sample, upon analysis, fails to comply with this chapter, the
4220     department shall give written notice to that effect to the registrant or owner of the pesticide.
4221          (b) Nothing in this chapter, however, shall be construed as requiring the department to
4222     refer minor violations for criminal prosecution or for the institution of condemnation
4223     proceedings if [it] the department believes the public interest will best be served through
4224     informal action.
4225          (3) The department, for the purpose of enforcing this section, is authorized at
4226     reasonable times[,] to enter any private or public premises for the purpose of:
4227          (a) inspecting any equipment used in applying pesticides;
4228          (b) inspecting or sampling lands actually or reported to be exposed to pesticides;
4229          (c) inspecting storage or disposal areas;

4230          (d) investigating complaints of injury to animals or lands;
4231          (e) sampling pesticides wherever located, including in vehicles; or
4232          (f) observing the use and application of a pesticide.
4233          (4) The department may proceed immediately, if admittance is refused, to obtain an ex
4234     parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises
4235     for any purpose specified in Subsection (3) of this section.
4236          Section 156. Section 4-14-108, which is renumbered from Section 4-14-8 is
4237     renumbered and amended to read:
4238          [4-14-8].      4-14-108. Suspension or revocation -- Grounds -- Stop sale, use, or
4239     removal order authorized -- Court action -- Procedure -- Award of costs authorized.
4240          (1) The department may revoke or suspend the registration of any pesticide upon
4241     satisfactory evidence that the registrant has used fraudulent or deceptive practices in the
4242     registration of the pesticide or in [its] the pesticide's distribution in this state.
4243          (2) (a) The department may issue a "stop sale, use, or removal order" to the owner or
4244     distributor of any designated pesticide or lot of pesticide [which it] that the department finds or
4245     has reason to believe is being offered or exposed for sale in violation of this chapter.
4246          (b) The order described in Subsection (2)(a) shall be in writing and no pesticide subject
4247     to [it] the order shall be moved, offered, or exposed for sale, except upon the subsequent
4248     written release by the department.
4249          (c) Before a release is issued, the department may require the owner or distributor of
4250     the "stopped" pesticide or lot to pay the expense incurred by the department in connection with
4251     the withdrawal of the product from the market.
4252          (3) (a) The department is authorized in a court of competent jurisdiction to seek an
4253     order of seizure or condemnation of a pesticide [which] that violates this chapter or, upon
4254     proper grounds, to obtain a temporary restraining order or permanent injunction to prevent the
4255     violation of this chapter.
4256          (b) No bond shall be required of the department in an injunctive proceeding brought
4257     under this section.

4258          (4) [If] (a) Subject to Subsection (4)(b), if condemnation is ordered, the pesticide or
4259     equipment shall be disposed of as the court directs[; provided, that in no event shall it].
4260          (b) The department may not order condemnation without giving the registrant or other
4261     person an opportunity to apply to the court for permission to relabel, reprocess, or otherwise
4262     bring the pesticide into conformance, or for permission to remove [it] the pesticide from the
4263     state.
4264          (5) If the court orders condemnation, court costs, fees, storage, and other costs shall be
4265     awarded against the claimant of the pesticide or equipment.
4266          (6) The department may:
4267          (a) deny an application for a pesticide applicator license;
4268          (b) revoke a pesticide applicator license for cause; or
4269          (c) suspend a pesticide applicator license for cause.
4270          (7) (a) If a pesticide applicator license is revoked or suspended under Subsection (6),
4271     the license shall be returned to the department within 14 days of the day on which the licensee
4272     received notice of the revocation or suspension.
4273          (b) A licensee who fails to return a license, as described in Subsection (7)(a), may be
4274     subjected to an administrative fine of up to $100 for each 14 days the license is not returned.
4275          Section 157. Section 4-14-109, which is renumbered from Section 4-14-9 is
4276     renumbered and amended to read:
4277          [4-14-9].      4-14-109. Examination requirements for license to act as applicator
4278     may be waived through reciprocal agreement.
4279          The department may waive any or all examination requirements specified in rule for a
4280     noncommercial, commercial, or private pesticide applicator through a reciprocal agreement
4281     with another state whose examination requirements and standards for licensure are
4282     substantially similar to those of Utah.
4283          Section 158. Section 4-14-110, which is renumbered from Section 4-14-12 is
4284     renumbered and amended to read:
4285          [4-14-12].      4-14-110. Defenses.

4286          (1) As an affirmative defense to any action brought as a result of the alleged misuse or
4287     misapplication of a pesticide, a person may present evidence that as of the time of the alleged
4288     violation, the person was in compliance with label directions, this chapter, and any rules issued
4289     in accordance with this chapter.
4290          (2) A person is not liable for injuries resulting from the misuse or misapplication of a
4291     pesticide unless the person was negligent.
4292          Section 159. Section 4-14-111, which is renumbered from Section 4-14-13 is
4293     renumbered and amended to read:
4294          [4-14-13].      4-14-111. Registration required for a pesticide business.
4295          (1) A pesticide applicator business shall register with the department by:
4296          (a) submitting an application on a form provided by the department;
4297          (b) paying the registration fee; and
4298          (c) certifying that the business is in compliance with this chapter and departmental
4299     rules authorized by this chapter.
4300          (2) (a) By following the procedures and requirements of Section 63J-1-504, the
4301     department shall establish a registration fee based on the number of pesticide applicators
4302     employed by the pesticide applicator business.
4303          (b) (i) Notwithstanding Section 63J-1-504, the department shall deposit the fees as
4304     dedicated credits and may only use the fees to administer and enforce this chapter.
4305          (ii) The Legislature may annually designate the revenue generated from the fee as
4306     nonlapsing in an appropriations act.
4307          (3) The department shall issue a business registration certificate to a pesticide
4308     applicator business if the individual or entity:
4309          (a) has complied with the requirements of this section;
4310          (b) has shown evidence of competence in the pesticide profession and meets the
4311     certification requirements established by rule;
4312          (c) demonstrates good character;
4313          (d) has no outstanding infractions and owes no money to the department; and

4314          (e) pays the licensing fee established by the department.
4315          (4) A registration certificate expires on December 31 of the second calendar year after
4316     the calendar year in which the registration certificate is issued.
4317          (5) (a) The department may suspend a registration certificate if the pesticide applicator
4318     business violates this chapter or any rules authorized by it.
4319          (b) A pesticide applicator business whose registration certificate has been suspended
4320     may apply to the department for reinstatement of the registration certificate by demonstrating
4321     compliance with this chapter and rules authorized by [it] this chapter.
4322          (6) A pesticide applicator business shall:
4323          (a) only employ a pesticide applicator who has received a license from the department,
4324     as required by Section [4-14-3] 4-14-103; and
4325          (b) ensure that all employees comply with this chapter and the rules authorized by [it]
4326     this chapter.
4327          Section 160. Section 4-15-101, which is renumbered from Section 4-15-1 is
4328     renumbered and amended to read:
4329     
CHAPTER 15. THE UTAH NURSERY ACT

4330          [4-15-1].      4-15-101. Title.
4331          This chapter [shall be known and may be cited] is known as "The Utah Nursery Act."
4332          Section 161. Section 4-15-102, which is renumbered from Section 4-15-1.5 is
4333     renumbered and amended to read:
4334          [4-15-1.5].      4-15-102. Background and purpose.
4335          The Legislature finds that:
4336          (1) nursery stock can harbor and vector plant pests and diseases;
4337          (2) unregulated production and shipping of nursery stock presents an unacceptable risk
4338     to the state's agricultural, forestry, and horticultural interests, and to the state's general
4339     environmental quality; and
4340          (3) it is necessary to ensure that nurseries produce healthy plants and that nursery stock
4341     shipped to other nurseries, brokers, and out-of-state customers meets national nursery stock

4342     cleanliness standards.
4343          Section 162. Section 4-15-103, which is renumbered from Section 4-15-2 is
4344     renumbered and amended to read:
4345          [4-15-2].      4-15-103. Definitions.
4346          As used in this part:
4347          (1) "Balled and burlapped stock" means nursery stock [which] that is removed from the
4348     growing site with a ball of soil containing its root system intact and encased in burlap or other
4349     material to hold the soil in place.
4350          (2) "Bare-root stock" means nursery stock [which] that is removed from the growing
4351     site with the root system free of soil.
4352          (3) "Compliance agreement" means any written agreement between a person and a
4353     regulatory agency to achieve compliance with any set of requirements being enforced by the
4354     department.
4355          (4) "Container stock" means nursery stock [which] that is transplanted in soil or in a
4356     potting mixture contained within a metal, clay, plastic, or other rigid container for a period
4357     sufficient to allow newly developed fibrous roots to form, so that if the plant is removed from
4358     the container [its] the plant's root-media ball will remain intact.
4359          (5) "Etiolated growth" means bleached and unnatural growth resulting from the
4360     exclusion of sunlight.
4361          (6) "Minimum indices of vitality" mean standards adopted by the department to
4362     determine the health and vigor of nursery stock offered for sale in this state.
4363          (7) "National nursery stock cleanliness standards" means nursery stock that:
4364          (a) is free from quarantine pests and pests of concern;
4365          (b) has all nonquarantine plant pests under effective control;
4366          (c) meets the national nursery stock cleanliness standards; and
4367          (d) is eligible for nursery stock certification and shipping permits.
4368          (8) "Nonestablished container stock" means deciduous nursery stock [which] that is
4369     transplanted in soil or in a potting mixture contained within a metal, clay, plastic, or other rigid

4370     container for a period insufficient to allow the formation of fibrous roots sufficient to form a
4371     root-media ball.
4372          (9) "Nursery" means any place where nursery stock is propagated and grown for sale or
4373     distribution.
4374          (10) "Nursery agent" means a person who solicits or takes order for the sale of nursery
4375     stock, other than on the premises of a nursery or nursery outlet.
4376          [(10)] (11) "Nursery outlet" means any place or location where nursery stock is offered
4377     for wholesale or retail sale.
4378          [(11)] (12) (a) "Nursery stock" means:
4379          (i) all plants, whether field grown, container grown, or collected native plants;
4380          (ii) trees, shrubs, vines, grass sod;
4381          (iii) seedlings, perennials, biennials; and
4382          (iv) buds, cuttings, grafts, or scions grown or collected or kept for propagation, sale, or
4383     distribution[; except that it does not include].
4384          (b) "Nursery stock" does not mean:
4385          (i) dormant bulbs, tubers, roots, corms, rhizomes, or pips;
4386          (ii) field, vegetable, or flower seeds; or
4387          (iii) bedding plants, annual plants, florists' greenhouse or field-grown plants, or flowers
4388     or cuttings.
4389          [(12)] (13) "Packaged stock" means bare-root stock that is packed either in bundles or
4390     in single plants with the roots in some type of moisture-retaining material designed to retard
4391     evaporation and hold the moisture-retaining material in place.
4392          [(13)] (14) "Pests of concern" means a nonquarantine pest that:
4393          (a) is not known to occur in the state, or [which] that has a limited distribution within
4394     the state[,]; and
4395          (b) has the potential to negatively impact nursery stock health or pose an unacceptable
4396     economic or environmental risk.
4397          [(14)] (15) "Place of business" means each separate nursery, or nursery outlet, where

4398     nursery stock is offered for sale, sold, or distributed.
4399          [(15)] (16) "Plant pests" means:
4400          (a) the egg, pupal, and larval stage, as well as any other living stage of any insect, mite,
4401     nematode, slug, snail, protozoa, or other invertebrate animal;
4402          (b) bacteria;
4403          (c) fungi;
4404          (d) parasitic plant or a reproductive part of a parasitic plant;
4405          (e) [a] virus or viroid;
4406          (f) phytoplasma; or
4407          (g) any infectious substance that can injure or cause disease or damage in any plant.
4408          [(16)] (17) "Quarantine pest" means a pest that poses potential negative economic or
4409     environmental impact to an area in which the pest currently:
4410          (a) does not exist; or
4411          (b) exists, but its presence is not widely distributed or is being officially controlled.
4412          [(17)] (18) "Shipping permit or certificate of inspection" means a sticker, stamp,
4413     imprint, or other document that accompanies nursery stock shipped intrastate and documents
4414     that the originating nursery:
4415          (a) is licensed; and
4416          (b) (i) has stock that has passed [its] annual inspection; or
4417          (ii) produces stock that meets the National Nursery Stock Compliance Standard.
4418          Section 163. Section 4-15-104, which is renumbered from Section 4-15-3 is
4419     renumbered and amended to read:
4420          [4-15-3].      4-15-104. Department authorized to make and enforce rules.
4421          The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
4422     Rulemaking Act, to make and enforce [such] rules [as in its judgment are] necessary to
4423     administer and enforce this chapter.
4424          Section 164. Section 4-15-105, which is renumbered from Section 4-15-4 is
4425     renumbered and amended to read:

4426          [4-15-4].      4-15-105. Unlawful to offer nursery stock for sale or to solicit
4427     orders for nursery stock without license.
4428          It is unlawful for any person in this state to offer nursery stock for sale at a nursery or
4429     nursery outlet, or to solicit or receive orders for nursery stock for a person who regularly
4430     engages in the business of operating a nursery or nursery outlet, without a license issued by the
4431     department.
4432          Section 165. Section 4-15-106, which is renumbered from Section 4-15-5 is
4433     renumbered and amended to read:
4434          [4-15-5].      4-15-106. License -- Application -- Fees -- Expiration -- Renewal.
4435          (1) (a) Application for a license to operate a nursery or nursery outlet or to solicit or
4436     receive orders of nursery stock for a person regularly engaged in the business of operating a
4437     nursery or nursery outlet shall be made to the department on forms prescribed and furnished by
4438     [it] the department.
4439          (b) Upon receipt of a proper application and compliance with applicable rules, and
4440     payment of a license fee determined by the department according to Subsection [4-2-2]
4441     4-2-103(2) for each place of business where the applicant intends to offer nursery stock for
4442     wholesale or retail sale, or the payment of a fee determined by the department pursuant to
4443     Subsection [4-2-2] 4-2-103(2) in the case of an agent, the commissioner, if satisfied the
4444     convenience and necessity of the industry and the public will be served, shall issue a license to
4445     engage in the otherwise proscribed activity through December 31 of the year in which the
4446     license is issued, subject to suspension or revocation for cause.
4447          (2) A license to operate a nursery or nursery outlet or an agent's license is renewable on
4448     or before December 31 of each year for a period of one year upon the payment of an annual
4449     license renewal fee determined by the department according to Subsection [4-2-2] 4-2-103(2).
4450          Section 166. Section 4-15-107, which is renumbered from Section 4-15-6 is
4451     renumbered and amended to read:
4452          [4-15-6].      4-15-107. Nursery stock for wholesale or retail sale -- Graded and
4453     sized -- Labels and tags -- Information to appear on label or tag.

4454          (1) Each type of nursery stock delivered to a nursery or nursery outlet for subsequent
4455     wholesale or retail sale shall:
4456          (a) be sized and graded in accordance with the applicable rules of the department; and
4457          (b) bear a tag or label with the name, grade, size, and variety of the stock.
4458          (2) Each bundle, single lot, or single nursery stock sold at retail shall bear a secure tag
4459     or label with the common or botanical name, grade, size, and variety of the stock legibly
4460     printed or written on [it] the bundle, single lot, or single nursery stock.
4461          Section 167. Section 4-15-108, which is renumbered from Section 4-15-7 is
4462     renumbered and amended to read:
4463          [4-15-7].      4-15-108. Inspection -- Issuance of certificate -- Destruction of
4464     infested or diseased stock.
4465          (1) (a) Each nursery may be inspected by the department at least once each year.
4466          (b) If, upon the inspection described in Subsection (1)(a), it appears that the nursery
4467     and [its] the nursery's stock are free of insect pests and plant disease, the department shall issue
4468     [a] an inspection certificate [to that effect] to the nursery.
4469          (2) (a) Each nursery outlet may be inspected by the department at least once each year
4470     during the period nursery stock is offered for retail sale. [An inspection certificate may be
4471     issued by the department]
4472          (b) The department may issue an inspection certificate to a nursery outlet to permit the
4473     interstate shipment of nursery stock if the stock contemplated for shipment appears free of
4474     insect pests and plant disease.
4475          (3) Nursery stock found to be infested with insect pests or infected with plant disease
4476     shall be destroyed or otherwise treated as determined by the department.
4477          Section 168. Section 4-15-109, which is renumbered from Section 4-15-8 is
4478     renumbered and amended to read:
4479          [4-15-8].      4-15-109. Transport of out-of-state nursery stock to Utah --
4480     Certificate of inspection to be filed with department by out-of-state nurseries -- Option in
4481     department to accept exchange list in lieu of certificate of inspection -- Imported stock to

4482     be tagged -- Treatment of stock not tagged.
4483          [(1) Out-of-state]
4484          (1) (a) Subject to Subsection (1)(b), out-of-state nurseries and nursery outlets
4485     transporting nursery stock to a nursery or nursery outlet in this state shall annually deliver to
4486     the department a certified duplicate copy of the "state of origin" certificate of inspection for
4487     each such out-of-state nursery or nursery outlet[; provided, that the].
4488          (b) The department may accept and exchange a list of certified or licensed out-of-state
4489     nurseries or nursery outlets in lieu of a certificate of inspection for each such individual nursery
4490     or nursery outlet.
4491          (2) Nursery stock originating outside and imported into this state for customer delivery
4492     or for resale shall bear a tag:
4493          (a) stating that the nursery stock has been inspected and certified free from plant pests
4494     and disease[. The tag shall also bear]; and
4495          (b) bearing the name and address of the shipper or consignor.
4496          (3) A shipment of nursery stock destined for delivery in this state [which] that is not
4497     accompanied with [such a tag] the tag described in Subsection (2) may be:
4498          (a) returned to the owner or consignor at [such person's expense, or may be] the owner
4499     or consignor's expense; or
4500          (b) destroyed, or otherwise disposed of, by the department without compensation to the
4501     owner or consignor.
4502          Section 169. Section 4-15-110, which is renumbered from Section 4-15-9 is
4503     renumbered and amended to read:
4504          [4-15-9].      4-15-110. Nursery stock offered or advertised for sale -- Unlawful to
4505     misrepresent name, origin, grade, variety, quality, or vitality -- Information required in
4506     advertisements.
4507          [No] (1) A person shall not misrepresent the name, origin, grade, variety, quality, or
4508     indice of vitality of any nursery stock advertised or offered for sale at a nursery or nursery
4509     outlet.

4510          (2) All advertisements of nursery stock shall clearly state the name, size, and grade of
4511     the stock where applicable.
4512          Section 170. Section 4-15-111, which is renumbered from Section 4-15-10 is
4513     renumbered and amended to read:
4514          [4-15-10].      4-15-111. Infested or diseased stock not to be offered for sale --
4515     Identification of "nonestablished container stock" -- Requirements for container stock --
4516     Inspected and certified stock only to be offered for sale -- Prohibition against coating
4517     aerial plant surfaces.
4518          (1) Nursery stock [which] that is infested with plant pests, including noxious weeds, or
4519     infected with disease or [which] that does not meet minimum indices of vitality may not be
4520     offered for sale.
4521          (2) All nonestablished container stock offered for sale shall be identified by the words
4522     "nonestablished container stock" legibly printed on a water resistant tag [which] that states the
4523     length of time [it] the stock has been planted or the date [it] the stock was planted and may not
4524     be offered for sale in any manner [which] that leads a purchaser to believe [it] the stock is
4525     container stock.
4526          (3) All container stock offered for sale shall be established with a root-media mass that
4527     will retain its shape and hold together when removed from the container.
4528          (4) No nursery stock other than officially inspected and certified stock shall be offered
4529     for wholesale or retail sale in this state.
4530          (5) Colored waxes or other materials [which] that coat the aerial parts of a plant and
4531     change the appearance of the plant surface are prohibited.
4532          Section 171. Section 4-15-112, which is renumbered from Section 4-15-11 is
4533     renumbered and amended to read:
4534          [4-15-11].      4-15-112. Enforcement -- Inspection -- Stop sale order -- Procedure
4535     -- Warrants.
4536          (1) (a) The department may issue a "stop sale" order to any nursery or nursery outlet
4537     upon discovery or notification of a quarantine pest or pest of concern, or if the department has

4538     reason to believe the nursery is offering, advertising, or selling nursery stock in violation of
4539     Section [4-15-10] 4-15-111.
4540          (b) The "stop sale" order described in Subsection (1)(a) shall be in writing and no
4541     nursery stock subject to [it] the order shall be advertised or sold, except upon subsequent
4542     written release by the department.
4543          (2) (a) The department is authorized for the purpose of ascertaining compliance with
4544     this chapter to enter and inspect any nursery or nursery outlet where nursery stock is kept
4545     during [their] the nursery or nursery outlet's business hours.
4546          (b) If access for the purpose of inspection is denied, the department may proceed
4547     immediately to the nearest court of competent jurisdiction and obtain an ex parte warrant or its
4548     equivalent to permit inspection of the nursery or nursery outlet.
4549          Section 172. Section 4-15-113, which is renumbered from Section 4-15-12 is
4550     renumbered and amended to read:
4551          [4-15-12].      4-15-113. Suspension or revocation -- Grounds -- Notice and
4552     hearing.
4553          [The] (1) Subject to Subsection (2), the department may suspend or revoke the license
4554     of any nursery, nursery outlet, or agent that violates Section [4-15-9 or 4-15-10; provided, that
4555     no] 4-15-110 or 4-15-111.
4556          (2) A suspension or revocation shall not be effective until after the nursery, nursery
4557     outlet, or agent is afforded notice and a hearing.
4558          Section 173. Section 4-15-114, which is renumbered from Section 4-15-14 is
4559     renumbered and amended to read:
4560          [4-15-14].      4-15-114. Compliance agreements.
4561          The department may make compliance agreements with the responsible officials of
4562     other states and nursery establishments to achieve compliance with any set of requirements
4563     being enforced by the department.
4564          Section 174. Section 4-16-101, which is renumbered from Section 4-16-1 is
4565     renumbered and amended to read:

4566     
Part 1. Organization

4567          [4-16-1].      4-16-101. Short title.
4568          This chapter [shall be] is known [and may be cited] as the "Utah Seed Act."
4569          Section 175. Section 4-16-102, which is renumbered from Section 4-16-2 is
4570     renumbered and amended to read:
4571          [4-16-2].      4-16-102. Definitions.
4572          As used in this chapter:
4573          (1) "Advertisement" means any representation made relative to seeds, plants, bulbs, or
4574     ground stock other than those on the label of a seed container, disseminated in any manner.
4575          (2) "Agricultural seeds" mean seeds of grass, forage plants, cereal crops, fiber crops,
4576     sugar beets, seed potatoes, or any other kinds of seed or mixtures of seed commonly known
4577     within this state as agricultural or field seeds.
4578          (3) "Flower seeds" mean seeds of herbaceous plants grown for their blooms,
4579     ornamental foliage, or other ornamental plants commonly known and sold under the name of
4580     flower seeds in this state.
4581          (4) "Foundation seed," "registered seed," or "certified seed" means seed that is
4582     produced and labeled in accordance with procedures officially recognized by a seed certifying
4583     agency approved and accredited in this state.
4584          (5) (a) "Hybrid" means the first generation seed of a cross produced by controlling
4585     pollination and by combining:
4586          (i) two or more inbred lines;
4587          (ii) one inbred or a single cross with an open-pollinated variety; or
4588          (iii) two varieties or species, except open-pollinated varieties of corn, Zea mays.
4589          (b) The second generation and subsequent generations from the crosses referred to in
4590     Subsection (5)(a) are not to be regarded as hybrids.
4591          (c) Hybrid designations shall be treated as variety names.
4592          (6) "Kind" means one or more related species or subspecies of seed which singly or
4593     collectively is known by one name, for example, corn, oats, alfalfa, and timothy.

4594          (7) (a) "Label" means any written, printed, or graphic representation accompanying and
4595     pertaining to any seeds, plants, bulbs, or ground stock whether in bulk or in containers.
4596          (b) "Label" includes representations on invoices, bills, and letterheads.
4597          (8) "Lot" means a definite quantity of seed identified by a number or other mark, every
4598     part or bag of which is uniform within recognized tolerances.
4599          (9) "Noxious-weed seeds" mean weed seeds declared noxious by the commissioner.
4600          (10) "Pure seed," "germination," or other terms in common use for testing seeds for
4601     purposes of labeling shall have ascribed to them the meaning set forth for such terms in the
4602     most recent edition of "Rules for Seed Testing" published by the Association of Official Seed
4603     Analysts.
4604          (11) "Seeds for sprouting" means seeds sold for sprouting for salad or culinary
4605     purposes.
4606          (12) "Sowing" means the placement of agricultural seeds, vegetable seeds, flower
4607     seeds, tree and shrub seeds, or seeds for sprouting in a selected environment for the purpose of
4608     obtaining plant growth.
4609          (13) "Treated" means seed that has received an application of a substance to reduce,
4610     control, or repel certain disease organisms, fungi, insects or other pests which may attack the
4611     seed or its seedlings, or has received some other treatment to improve its planting value.
4612          (14) "Tree and shrub seeds" mean seeds of woody plants commonly known and sold
4613     under the name of tree and shrub seeds in this state.
4614          (15) "Variety" means a subdivision of a kind characterized by growth, yield, plant,
4615     fruit, seed, or other characteristic, which differentiate it from other plants of the same kind.
4616          (16) "Vegetable seeds" mean seeds of crops grown in gardens or on truck farms that
4617     are generally known and sold under the name of vegetable seeds, plants, bulbs, and ground
4618     stocks in this state.
4619          (17) "Weed seeds" mean seeds of any plant generally recognized as a weed within this
4620     state.
4621          Section 176. Section 4-16-103, which is renumbered from Section 4-16-3 is

4622     renumbered and amended to read:
4623          [4-16-3].      4-16-103. Department authorized to make and enforce rules --
4624     Cooperation with state and federal agencies authorized.
4625          (1) The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
4626     Rulemaking Act, to make and enforce [such] rules [as in its judgment are deemed necessary to
4627     administer and enforce this chapter; and, in conjunction with its administration and
4628     enforcement, it is authorized to].
4629          (2) The department may cooperate with other state agencies, other states, and with the
4630     United States Department of Agriculture or other departments or agencies of the federal
4631     government.
4632          Section 177. Section 4-16-201, which is renumbered from Section 4-16-4 is
4633     renumbered and amended to read:
4634     
Part 2. Regulations

4635          [4-16-4].      4-16-201. Labeling requirements specified for containers of
4636     agricultural seed, mixtures of lawn and turf seed, vegetable seed, flower seed, tree and
4637     shrub seed, and seeds for sprouting.
4638          (1) Each container of agricultural seed offered or exposed for sale or transported for
4639     sowing into this state shall be labeled with the following information:
4640          (a) the common name of the kind or kind and variety of each seed component in excess
4641     of 5% by weight of the whole and the percent by weight of each component in the order of its
4642     predominance, provided that:
4643          (i) if any component is required by rule of the department to be labeled as a variety, the
4644     label, in addition to stating the common name of the seed, shall specify the name of the variety
4645     or, if allowed by rule of the department, state "Variety Not Stated";
4646          (ii) if any component is a hybrid seed, that fact shall be stated on the label; and
4647          (iii) if more than one component is required to be named, the word "mixture" shall
4648     appear;
4649          (b) the name and address of the person who labeled the seed, or who offers or exposes

4650     it for sale in this state;
4651          (c) the lot number or other lot identification;
4652          (d) the percentage by weight of all weed seeds;
4653          (e) the percentage by weight of agricultural or crop seeds other than those named on
4654     the label;
4655          (f) the percentage by weight of inert matter;
4656          (g) the name and rate of occurrence per pound of each kind of restricted noxious-weed
4657     seed for which tolerance is permitted;
4658          (h) the origin, if known, of alfalfa, red clover, or field corn and, if the origin is
4659     unknown, that fact shall be stated; and
4660          (i) the month and year seed tests were conducted specifying:
4661          (i) percent of germination, exclusive of hard seed;
4662          (ii) percent of hard seed; and
4663          (iii) total percent of germination and hard seed.
4664          (2) Each container of seed mixtures for lawn or turf seed offered or exposed for sale or
4665     transported for sowing into this state shall be labeled with the following information:
4666          (a) the common name of the kind or kind and variety of each agricultural seed
4667     component in excess of 5% by weight of the whole, and the percentage by weight of pure seed
4668     in order of its predominance in columnar form;
4669          (b) the name and address of the person who labeled the seed, or who offers or exposes
4670     it for sale in this state;
4671          (c) the lot number or other lot identification;
4672          (d) the percentage by weight of all weed seeds;
4673          (e) the percentage by weight of agricultural seeds or crop seeds other than those
4674     required to be named on the label;
4675          (f) the percentage by weight of inert matter;
4676          (g) the name and rate of occurrence per pound of each kind of restricted noxious-weed
4677     seed for which tolerance is permitted;

4678          (h) the month and year seed tests were conducted specifying:
4679          (i) percent of germination, exclusive of hard seed; and
4680          (ii) percent of hard seed;
4681          (i) the word "mixed" or "mixture"; and
4682          (j) its net weight.
4683          (3) Each container of vegetable seeds weighing one pound or less offered or exposed
4684     for sale or prepared for home gardens or household plantings or preplanted in containers, mats,
4685     tapes, or other devices shall be labeled with the following information:
4686          (a) the common name of the kind and variety of seed;
4687          (b) the name and address of the person who labeled the seed, or who offers or exposes
4688     it for sale in this state;
4689          (c) the calendar month and year the seed was tested or the year for which the seed was
4690     packaged;
4691          (d) if germination of the seed is less than the germination standard last established for
4692     the seed by the department, the label shall specify:
4693          (i) percentage of germination, exclusive of hard seed;
4694          (ii) percentage of hard seed, if present;
4695          (iii) the calendar month and year the germination test was completed to determine the
4696     percentages; and
4697          (iv) the words "Below Standard" in not less than eight-point type; and
4698          (e) if the seeds are placed in a germination medium, mat, tape, or other device which
4699     makes it difficult to determine the quantity of the seed without removing the seeds, a statement
4700     to indicate the minimum number of seeds in the container.
4701          (4) Each container of vegetable seeds weighing more than one pound offered or
4702     exposed for sale or transported for sowing into this state shall be labeled with the following
4703     information:
4704          (a) the common name of each kind and variety of seed component present in excess of
4705     5% by weight of the whole and the percentage by weight of each in order of its predominance;

4706          (b) the name and address of the person who labeled the seed, or who offers or exposes
4707     it for sale in this state;
4708          (c) the lot number or other lot identification;
4709          (d) the month and year seed tests were conducted specifying:
4710          (i) the percentage of germination, exclusive of hard seed; and
4711          (ii) the percentage of hard seed, if present; and
4712          (e) the name and rate of occurrence per pound of each kind of restricted noxious-weed
4713     seed for which tolerance is permitted.
4714          (5) Each container of flower seeds prepared in packets for use in home flower gardens
4715     or household plantings or flower seeds in preplanted containers, mats, tapes, or other planting
4716     devices and offered or exposed for sale in this state shall be labeled with the following
4717     information:
4718          (a) the common name of the kind and variety of the seeds or a statement of the type
4719     and performance characteristics of the seed;
4720          (b) the name and address of the person who labeled the seed, or who offers or exposes
4721     it for sale in this state;
4722          (c) the calendar month and year the seed was tested or the year for which the seed was
4723     packaged;
4724          (d) if germination of the seed is less than the germination standard last established by
4725     the department, the label shall specify:
4726          (i) percentage of germination, exclusive of hard seed;
4727          (ii) percentage of hard seed, if present; and
4728          (iii) the words "Below Standard" in not less than eight-point type; and
4729          (e) if the seeds are placed in a germination medium, mat, tape, or other device which
4730     makes it difficult to determine the quantity of seed without removing the seeds, a statement to
4731     indicate the minimum number of seeds in the container.
4732          (6) Each container of flower seeds in other than packets prepared for use in home
4733     flower gardens or household plantings and other than in preplanted containers, mats, tapes, and

4734     other devices offered or exposed for sale in this state shall be labeled with the following
4735     information:
4736          (a) the common name of the kind and variety of the seed or a statement of the type and
4737     performance characteristics of the seed;
4738          (b) the name and address of the person who labeled the seed, or who offers or exposes
4739     it for sale in this state;
4740          (c) the lot number or other lot identification;
4741          (d) the month and year the seed was tested, or the year for which it was packaged; and
4742          (e) for those kinds of seeds for which standard testing procedures are prescribed:
4743          (i) the percentage of germination, exclusive of hard seed; and
4744          (ii) the percentage of hard seed, if present.
4745          (7) Each container of tree and shrub seeds offered or exposed for sale or transported for
4746     sowing into this state shall be labeled with the following information:
4747          (a) the common name of the species of seed and subspecies, if appropriate;
4748          (b) the scientific name of the genus and species and subspecies, if appropriate;
4749          (c) the name and address of the person who labeled the seed or who offers or exposes it
4750     for sale in this state;
4751          (d) the lot number or other lot identification;
4752          (e) information as to origin as follows:
4753          (i) for seed collected from a predominantly indigenous stand, the area of collection
4754     given by latitude and longitude, or geographic description, or political subdivision such as state
4755     or county; and
4756          (ii) for seed collected from other than a predominantly indigenous stand, identity of the
4757     area of collection and the origin of the stand or state "origin not indigenous";
4758          (f) the elevation or the upper and lower limits of elevation within which said seed was
4759     collected;
4760          (g) purity as a percentage of pure seed by weight;
4761          (h) for those species for which standard germination testing procedures are prescribed

4762     by the commissioner, the following:
4763          (i) percentage of germination, exclusive of hard seed;
4764          (ii) percentage of hard seed, if present; and
4765          (iii) the calendar month and year the test was completed to determine such percentages;
4766     and
4767          (i) for those species for which standard germination testing procedures have not been
4768     prescribed by the commissioner, the calendar year in which the seed was collected.
4769          (8) Each container of seeds for sprouting offered or exposed for sale or transported for
4770     sowing into this state shall be labeled with the following information:
4771          (a) the name and address of the person who labeled the seed, or who offers or exposes
4772     it for sale in this state;
4773          (b) the commonly accepted name of the kind or kinds in order of predominance;
4774          (c) lot number;
4775          (d) percentage by weight of each pure seed component in excess of 5% of the whole,
4776     other crop seeds, inert matter, and weed seeds, if any;
4777          (e) percentage of germination of each pure seed component; and
4778          (f) the calendar month and year the seed was tested or the year for which the seed was
4779     packaged.
4780          (9) Any written or printed matter of any label shall appear in English.
4781          Section 178. Section 4-16-202, which is renumbered from Section 4-16-5 is
4782     renumbered and amended to read:
4783          [4-16-5].      4-16-202. Distribution of seeds -- Germination tests required -- Date
4784     to appear on label -- Seed to be free of noxious weed seed -- Special requirements for
4785     treated seeds -- Prohibitions.
4786          (1) No person in this state shall offer or expose any agricultural, vegetable, flower, or
4787     tree and shrub seed or seeds for sprouting for sale or sowing unless:
4788          (a) (i) for agricultural seeds, including mixtures of agricultural seeds:
4789          (A) a test to determine the percentage of germination has been performed within 18

4790     months, exclusive of the month the seed is tested and the date the seed is offered for sale; and
4791          (B) the date of the test appears on the label;
4792          (ii) for vegetable, flower, or tree and shrub seed or seeds for sprouting:
4793          (A) a test to determine the percentage of germination has been performed within nine
4794     months, exclusive of the month the seed is tested and the date the seed is offered for sale; and
4795          (B) the date of the test appears on the label;
4796          (iii) for hermetically sealed agricultural, vegetable, flower, or tree and shrub seed:
4797          (A) a test to determine the percentage of germination has been performed within 36
4798     months, exclusive of the month the seed is tested and the date the seed is offered for sale;
4799     provided, that hermetically sealed seeds may be offered or exposed for sale after 36 months if
4800     they have been retested for germination within nine months, exclusive of the month the seed is
4801     retested and the date the seeds are offered or exposed for sale; and
4802          (B) the date of the test appears on the label;
4803          (b) its package or other container is truthfully labeled and in accordance with Section
4804     [4-16-4] 4-16-201; and
4805          (c) it is free of noxious weed seed, subject to any tolerance as may be prescribed by the
4806     department through rule.
4807          (2) The label on any package or other container of an agricultural, vegetable, flower, or
4808     tree and shrub seed which has been treated and for which a claim is made on account of the
4809     treatment, in addition to the labeling requirements specified in Section [4-16-4] 4-16-201,
4810     shall:
4811          (a) state that the seeds have been treated;
4812          (b) state the commonly accepted name, generic chemical name, or abbreviated
4813     chemical name of the substance used for treatment;
4814          (c) if the seed is treated with an inoculant, state the date beyond which the inoculant is
4815     not considered effective; and
4816          (d) include a caution statement consistent with rules of the department if the treatment
4817     substance remains with the seed in an amount which is harmful to vertebrate animals;

4818     provided, that the caution statement for mercurials and similarly toxic substances, as defined by
4819     rule of the department, shall state the seed has been treated with poison with "POISON" printed
4820     in red letters on a background of distinctly contrasting color together with a representation of
4821     the skull and crossbones.
4822          (3) A person may not:
4823          (a) use the word "trace" as a substitute for a statement required under this chapter;
4824          (b) disseminate any false or misleading advertisement about agricultural, vegetable,
4825     flower, or tree and shrub seed or seeds for sprouting; or
4826          (c) detach, alter, or destroy any label or substitute any seed in a manner which defeats
4827     the purpose of this chapter.
4828          Section 179. Section 4-16-203, which is renumbered from Section 4-16-7 is
4829     renumbered and amended to read:
4830          [4-16-7].      4-16-203. Inspection -- Samples -- Analysis -- Seed testing facilities
4831     to be maintained -- Rules to control offensive seeds -- Notice of offending seeds --
4832     Warrants.
4833          (1) (a) The department shall periodically enter public or private premises from which
4834     seeds are distributed, offered, or exposed for sale to sample, inspect, analyze, and test
4835     agricultural, vegetable, flower, or tree and shrub seeds or seeds for sprouting distributed within
4836     this state to determine compliance with this chapter.
4837          (b) To perform the duties specified in Subsection (1)(a), the department shall:
4838          (i) establish and maintain facilities for testing the purity and germination of seeds;
4839          (ii) prescribe by rule uniform methods for sampling and testing seeds; and
4840          (iii) establish fees for rendering service.
4841          (2) The department shall prescribe by rule weed seeds and noxious weed seeds and fix
4842     the tolerances permitted for those offensive seeds.
4843          (3) (a) If a seed sample, upon analysis, fails to comply with this chapter, the department
4844     shall give written notice to that effect to any person who is distributing, offering, or exposing
4845     the seeds for sale. [Nothing]

4846          (b) Notwithstanding Subsection (3)(a), nothing in this chapter[, however,] shall be
4847     construed as requiring the department to refer minor violations for criminal prosecution or for
4848     the institution of condemnation proceedings if it believes the public interest will best be served
4849     through informal action.
4850          (4) The department may proceed immediately, if admittance is refused, to obtain an ex
4851     parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises
4852     for the purpose of making inspections and obtaining samples.
4853          Section 180. Section 4-16-301, which is renumbered from Section 4-16-8 is
4854     renumbered and amended to read:
4855     
Part 3. Enforcement

4856          [4-16-8].      4-16-301. Enforcement -- Stop sale, use, or removal authorized --
4857     Court action -- Procedures -- Costs.
4858          (1) (a) The department may issue a "stop sale, use, or removal order" to the distributor,
4859     owner, or person in possession of any designated agricultural, vegetable, flower, or tree and
4860     shrub seed or seeds for sprouting or lot of seed which it finds or has reason to believe violates
4861     this chapter.
4862          (b) The order shall be in writing and no seed subject to it shall be moved, offered, or
4863     exposed for sale, except upon subsequent written release by the department.
4864          (c) Before a release is issued, the department may require the distributor or owner of
4865     the "stopped" seed or lot to pay the expense incurred by the department in connection with the
4866     withdrawal of the product from the market.
4867          (2) (a) The department is authorized in a court of competent jurisdiction to seek an
4868     order of seizure or condemnation of any seed which violates this chapter or, upon proper
4869     grounds, to obtain a temporary restraining order or permanent injunction to prevent violation of
4870     this chapter.
4871          (b) No bond may be required of the department in an injunctive proceeding brought
4872     under this section.
4873          (3) (a) If condemnation is ordered, the seed shall be disposed of as the court directs.

4874          (b) The court may not order condemnation without giving the claimant of the seed an
4875     opportunity to apply to the court for permission to relabel, reprocess, or otherwise bring the
4876     seed into conformance, or for permission to remove it from the state.
4877          (c) If the court orders condemnation, court costs, fees, storage, and other costs shall be
4878     awarded against the claimant of the seed.
4879          Section 181. Section 4-16-302, which is renumbered from Section 4-16-10 is
4880     renumbered and amended to read:
4881          [4-16-10].      4-16-302. False or misleading advertising with respect to seed
4882     quality prohibited.
4883          Unless agricultural, vegetable, flower, or tree and shrub seeds or seeds for sprouting
4884     sold, advertised, or exposed or offered for sale in this state for propagation or planting have
4885     been registered or certified by an officially recognized seed certifying agency approved and
4886     accredited in this state, a person may not:
4887          (1) use orally or in writing:
4888          (a) the term "foundation," "registered," or "certified" seed along with other words; or
4889          (b) any other term or form of words which suggests that the seed has been certified or
4890     registered by an inspection agency duly authorized by any state, or that there has been
4891     registration or certification, or either; or
4892          (2) use any tags similar to registration or certification tags.
4893          Section 182. Section 4-16-303, which is renumbered from Section 4-16-11 is
4894     renumbered and amended to read:
4895          [4-16-11].      4-16-303. Distributors of seed to keep record of each lot of seed
4896     distributed.
4897          (1) Each person whose name appears on the label of agricultural, vegetable, flower, or
4898     tree and shrub seeds or seeds for sprouting shall keep:
4899          (a) a complete record of each lot of agricultural, vegetable, flower, tree and shrub seed
4900     or seeds for sprouting distributed in this state for a period of two years; and
4901          (b) a file sample of each lot of seed for a period of one year after final disposition of

4902     the lot.
4903          (2) The records and samples pertaining to the distribution of the seeds shall be
4904     available to the department for inspection during regular business hours.
4905          Section 183. Section 4-16-401, which is renumbered from Section 4-16-9 is
4906     renumbered and amended to read:
4907     
Part 4. Testing

4908          [4-16-9].      4-16-401. Designation of official testing agency for certification of
4909     seed.
4910          (1) The agricultural experiment station at Utah State University is designated as the
4911     official state agency responsible for the production, approval, and testing of foundation seeds in
4912     this state.
4913          (2) This agency shall perform all functions necessary for seed certification including
4914     the determination of the adaptability of established and new crop varieties for planting in this
4915     state, whether produced in this state or elsewhere and the determination of eligibility of crop
4916     varieties for registration and certification in the state.
4917          (3) In performing its responsibility, the experiment station may contract, subject to
4918     available funds, upon such terms and conditions as it [deems] considers appropriate with a
4919     private seed certifying agency.
4920          Section 184. Section 4-16-501, which is renumbered from Section 4-16-6 is
4921     renumbered and amended to read:
4922     
Part 5. Exemption

4923          [4-16-6].      4-16-501. Chapter does not apply to seed not intended for sowing,
4924     to seed at seed processing plant, or to seed transported or delivered for transportation in
4925     the ordinary course of business.
4926          (1) This chapter does not apply to:
4927          [(1)] (a) seed or grain not intended for sowing;
4928          [(2)] (b) subject to Subsection (2), seed at, or consigned to, a seed processing or
4929     cleaning plant; [provided, that any label or any other representation which is made with respect

4930     to the uncleaned or unprocessed seed is subject to this chapter;] or
4931          [(3)] (c) to any carrier in respect to any seed transported or delivered for transportation
4932     in the ordinary course of its business as a carrier[; provided, the carrier is not engaged in
4933     producing, processing, or marketing agricultural, vegetable, flower, or tree and shrub seeds or
4934     seeds for sprouting].
4935          (2) Any label or other representation which is made with respect to seed described in
4936     Subsection (1)(b) is made with respect to the uncleaned or unprocessed seed is subject to this
4937     chapter.
4938          (3) A carrier described in Subsection (1)(c) may not be engaged in producing,
4939     processing, or marketing agricultural, vegetable, flower, or tree and shrub seeds or seeds for
4940     sprouting.
4941          Section 185. Section 4-17-101, which is renumbered from Section 4-17-1 is
4942     renumbered and amended to read:
4943     
CHAPTER 17. UTAH NOXIOUS WEED ACT

4944          [4-17-1].      4-17-101. Title.
4945          This chapter [shall be] is known [and may be cited] as the "Utah Noxious Weed Act."
4946          Section 186. Section 4-17-102, which is renumbered from Section 4-17-2 is
4947     renumbered and amended to read:
4948          [4-17-2].      4-17-102. Definitions.
4949          As used in this chapter:
4950          (1) "Commission" means the county legislative body of [the counties] each county of
4951     this state.
4952          (2) "Commissioner" means the commissioner of agriculture and food or the
4953     commissioner's representative.
4954          (3) "County noxious weed" means any plant [which] that is:
4955          (a) not on the state noxious weed list[, is];
4956          (b) especially troublesome in a particular county[,]; and [is]
4957          (c) declared by the county legislative body to be a noxious weed within [its] the county.

4958          (4) "Noxious weed" means any plant the commissioner determines to be especially
4959     injurious to public health, crops, livestock, land, or other property.
4960          Section 187. Section 4-17-103, which is renumbered from Section 4-17-3 is
4961     renumbered and amended to read:
4962          [4-17-3].      4-17-103. Commissioner -- Functions, powers, and duties.
4963          The commissioner [has the following powers and duties] or the commissioner's
4964     designee shall:
4965          (1) [investigates and designates] investigate and designate noxious weeds on a
4966     statewide basis;
4967          (2) [compiles and publishes] compile and publish annually a list of statewide noxious
4968     weeds;
4969          (3) [coordinates and assists] coordinate and assist in inter-county noxious weed
4970     enforcement activities;
4971          (4) [determines] determine whether each county complies with this chapter;
4972          (5) [assists] assist a county [which] that fails to carry out the provisions of this chapter
4973     in [its] the county's implementation of a weed control program;
4974          (6) [prescribes] prescribe the form and general substantive content of notices to the
4975     public and to individuals concerning the prevention and control of noxious weeds;
4976          (7) [compiles and publishes] compile and publish a list of articles capable of
4977     disseminating noxious weeds or seeds and designate treatment to prevent dissemination; and
4978          (8) [regulates] regulate the flow of contaminated articles into the state and between
4979     counties to prevent the dissemination of noxious weeds or seeds.
4980          Section 188. Section 4-17-104, which is renumbered from Section 4-17-3.5 is
4981     renumbered and amended to read:
4982          [4-17-3.5].      4-17-104. Creation of State Weed Committee -- Membership --
4983     Powers and duties -- Expenses.
4984          (1) There is created a State Weed Committee composed of eight members, with each
4985     member representing one of the following:

4986          (a) the Department of Agriculture and Food;
4987          (b) the Department of Natural Resources;
4988          (c) the Utah State University Agricultural Experiment Station;
4989          (d) the Utah State University Extension Service;
4990          (e) the Utah Association of Counties;
4991          (f) private agricultural industry;
4992          (g) the Utah Weed Control Association; and
4993          (h) the Utah Weed Supervisors Association.
4994          (2) The commissioner shall select the members of the committee from those nominated
4995     by each of the respective groups or agencies following approval by the Agricultural Advisory
4996     Board.
4997          (3) (a) Except as required by Subsection (3)(b), as terms of current committee members
4998     expire, the commissioner shall appoint each new member or reappointed member to a four-year
4999     term.
5000          (b) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at
5001     the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
5002     committee members are staggered so that approximately half of the committee is appointed
5003     every two years.
5004          (4) (a) Members may be removed by the commissioner for cause.
5005          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
5006     appointed for the unexpired term.
5007          (5) The State Weed Committee shall:
5008          (a) confer and advise on matters pertaining to the planning, implementation, and
5009     administration of the state noxious weed program;
5010          (b) recommend names for membership on the committee; and
5011          (c) serve as members of the executive committee of the Utah Weed Control
5012     Association.
5013          (6) A member may not receive compensation or benefits for the member's service, but

5014     may receive per diem and travel expenses in accordance with:
5015          (a) Section 63A-3-106;
5016          (b) Section 63A-3-107; and
5017          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
5018     63A-3-107.
5019          Section 189. Section 4-17-105, which is renumbered from Section 4-17-4 is
5020     renumbered and amended to read:
5021          [4-17-4].      4-17-105. County weed control board -- Appointment --
5022     Composition -- Terms -- Removal -- Compensation.
5023          (1) [Each] A county executive of [the counties] a county may, with the advice and
5024     consent of the county legislative body, appoint a county weed control board comprised of not
5025     less than three nor more than five appointed members.
5026          (2) (a) If the county legislative body is the county commission, the chair of the county
5027     legislative body shall appoint one member of the county legislative body who shall act as a
5028     coordinator between the county and the county weed control board.
5029          (b) If the county legislative body is a county council, the county executive shall serve
5030     on the county weed control board and act as coordinator between the county and the county
5031     weed control board.
5032          (3) Two members of the board shall be farmers or ranchers whose primary source of
5033     income is derived from production agriculture.
5034          (4) Members are appointed to four year terms of office and serve with or without
5035     compensation as determined by each county legislative body.
5036          (5) Members may be removed for cause and any vacancy [which] that occurs on a
5037     county weed control board shall be filled by appointment for the unexpired term of the vacated
5038     member.
5039          Section 190. Section 4-17-106, which is renumbered from Section 4-17-4.5 is
5040     renumbered and amended to read:
5041          [4-17-4.5].      4-17-106. Commissioner may require county weed control board to

5042     justify failure to enforce provisions.
5043          If the commissioner determines that the weed control board of any county has failed to
5044     perform [its] the board's duties under this chapter, the commissioner may require the board to
5045     justify, in writing, [its] the board's failure to enforce these provisions within [its] the board's
5046     county.
5047          Section 191. Section 4-17-107, which is renumbered from Section 4-17-5 is
5048     renumbered and amended to read:
5049          [4-17-5].      4-17-107. County weed control board responsible for control of
5050     noxious weeds -- Cooperation with other county boards -- Authority to designate noxious
5051     weed -- Public hearing before removal of noxious weed from state list.
5052          (1) A county weed control board is responsible, under the general direction of the
5053     county executive, for the formulation and implementation of a county-wide coordinated
5054     noxious weed control program designed to prevent and control noxious weeds within [its] the
5055     board's county.
5056          (2) A county weed control board is required, under the general direction of [its] the
5057     board's commission, to cooperate with other county weed control boards to prevent and control
5058     the spread of noxious weeds.
5059          (3) (a) A county legislative body may declare a particular weed or competitive plant,
5060     not appearing on the state noxious weed list, a county noxious weed within [its county, or the]
5061     the board's county.
5062          (b) A county executive, with the approval of the county legislative body, may petition
5063     the commissioner for removal of a particular noxious weed from the state noxious weed list.
5064          (c) The county legislative body may not approve a petition of the county executive to
5065     the commissioner to remove a noxious weed unless [it] the county legislative body has first
5066     conducted a public hearing after due notice.
5067          Section 192. Section 4-17-108, which is renumbered from Section 4-17-6 is
5068     renumbered and amended to read:
5069          [4-17-6].      4-17-108. Weed control supervisor -- Qualification -- Appointment

5070     -- Duties.
5071          (1) (a) Each commission may employ one or more weed control supervisors qualified
5072     to:
5073          (i) detect and treat noxious weeds; and
5074          (ii) direct the weed control program for the county weed control board.
5075          (b) A person may be a weed control supervisor for more than one county weed control
5076     board.
5077          (c) Terms and conditions of employment shall be prescribed by the commission.
5078          (2) A supervisor, under the direction of the local county weed control board, shall:
5079          (a) examine all land under the jurisdiction of the county weed control board to
5080     determine whether this chapter and the rules adopted by the department have been met;
5081          (b) compile data on infested areas;
5082          (c) consult and advise upon matters pertaining to the best and most practical method of
5083     noxious weed control and prevention;
5084          (d) render assistance and direction for the most effective control and prevention;
5085          (e) investigate violations of this chapter;
5086          (f) enforce noxious weed controls within the county; and
5087          (g) perform any other duties required by the county weed control board.
5088          Section 193. Section 4-17-109, which is renumbered from Section 4-17-7 is
5089     renumbered and amended to read:
5090          [4-17-7].      4-17-109. Notice of noxious weeds to be published annually in
5091     county -- Notice to particular property owners to control noxious weeds -- Methods of
5092     prevention or control specified -- Failure to control noxious weeds considered public
5093     nuisance.
5094          (1) Each county weed control board before May 1 of each year shall post a general
5095     notice of the noxious weeds within the county in at least three public places within the county
5096     and publish the same notice on:
5097          (a) at least three occasions in a newspaper or other publication of general circulation

5098     within the county; and
5099          (b) as required in Section 45-1-101.
5100          (2) (a) If the county weed control board determines that particular property within the
5101     county requires prompt and definite attention to prevent or control noxious weeds, [it] the
5102     county weed control board shall serve the owner or the person in possession of the property,
5103     personally or by certified mail, a notice specifying when and what action is required to be taken
5104     on the property.
5105          (b) Methods of prevention or control may include definite systems of tillage, cropping,
5106     use of chemicals, and use of livestock.
5107          (3) An owner or person in possession of property who fails to take action to control or
5108     prevent the spread of noxious weeds as specified in the notice is maintaining a public nuisance.
5109          Section 194. Section 4-17-110, which is renumbered from Section 4-17-8 is
5110     renumbered and amended to read:
5111          [4-17-8].      4-17-110. Noxious weeds -- Failure to control after notice of
5112     nuisance -- Notice and hearing -- Control at county expense -- Owner liable for county
5113     costs -- Charges lien against property.
5114          (1) If the owner or person in possession of the property fails to take action to control or
5115     prevent the spread of noxious weeds within five working days after the property is declared a
5116     public nuisance, the county may, after reasonable notification, enter the property, without the
5117     consent of the owner or the person in possession, and perform any work necessary, consistent
5118     with sound weed prevention and control practices, to control the weeds.
5119          [(2) Any expense incurred by the county in controlling the noxious weeds is paid by
5120     the]
5121          (2) (a) If the county controls weeds on a piece of property, as described in Subsection
5122     (1), and seeks reimbursement from the property owner of record or the person in possession of
5123     the property, the county shall send the property owner or person in possession of the property a
5124     documented description of the expense and a demand for payment within 30 days of the day on
5125     which the weed control took place.

5126          (b) The property owner of record or the person in possession of the property, as the
5127     case may be, shall reimburse the county for the county's expense within 90 days after receipt of
5128     the [charges incurred by the county.] demand for payment, as described in Subsection (2)(a).
5129          (c) If the demand for payment is not paid within 90 days after [notice of the charges]
5130     receipt, the charges become a lien against the property and are collectible by the county
5131     treasurer at the time general property taxes are collected.
5132          Section 195. Section 4-17-111, which is renumbered from Section 4-17-8.5 is
5133     renumbered and amended to read:
5134          [4-17-8.5].      4-17-111. Hearing before county weed control board -- Appeal of
5135     decision to the county legislative body -- Judicial review.
5136          (1) Any person served with notice to control noxious weeds may request a hearing to
5137     appeal the terms of the notice before the county weed control board within 10 days of receipt of
5138     such notice and may appeal the decision of the county weed control board to the county
5139     legislative body.
5140          (2) Any person served with notice to control noxious weeds who has had a hearing
5141     before both the county weed control board and the county legislative body may further appeal
5142     the decision of the county legislative body by filing written notice of appeal with a court of
5143     competent jurisdiction.
5144          Section 196. Section 4-17-112, which is renumbered from Section 4-17-10 is
5145     renumbered and amended to read:
5146          [4-17-10].      4-17-112. Jurisdiction of state and local agencies to control weeds.
5147          The departments or agencies of state and local governments shall develop, implement,
5148     and pursue an effective program for the control and containment of noxious weeds on all lands
5149     under [their] the department's or agency's control or jurisdiction, including highways,
5150     roadways, rights-of-way, easements, game management areas, and state parks and recreation
5151     areas.
5152          Section 197. Section 4-17-113, which is renumbered from Section 4-17-11 is
5153     renumbered and amended to read:

5154          [4-17-11].      4-17-113. County noxious weed control fund authorized.
5155          [Authority is hereby granted commissions to] A commission may establish and
5156     maintain a noxious weed control fund in each county for use in the administration of this
5157     chapter.
5158          Section 198. Section 4-17-114, which is renumbered from Section 4-2-8.7 is
5159     renumbered and amended to read:
5160          [4-2-8.7].      4-17-114. Invasive Species Mitigation Account created.
5161          (1) As used in this section, "project" means an undertaking that:
5162          (a) rehabilitates or treats an area infested with, or threatened by, an invasive species; or
5163          (b) conducts research related to invasive species.
5164          (2) (a) There is created a restricted account within the General Fund known as the
5165     "Invasive Species Mitigation Account."
5166          (b) The restricted account shall consist of:
5167          (i) money appropriated by the Legislature;
5168          (ii) grants from the federal government; and
5169          (iii) grants or donations from a person.
5170          (3) (a) After consulting with the Department of Natural Resources and the
5171     Conservation Commission, the department may expend money in the restricted account:
5172          (i) on a project implemented by:
5173          (A) the department; or
5174          (B) the Conservation Commission; or
5175          (ii) by giving a grant for a project to:
5176          (A) a state agency;
5177          (B) a federal agency;
5178          (C) a federal, state, tribal, or private landowner;
5179          (D) a political subdivision;
5180          (E) a county weed board;
5181          (F) a cooperative weed management area; or

5182          (G) a university.
5183          (b) The department may use up to 10% of restricted account funds appropriated under
5184     Subsection (2)(b)(i) on:
5185          (i) department administration; or
5186          (ii) project planning, monitoring, and implementation expenses.
5187          (c) A project that receives funds from the Invasive Species Mitigation Account may not
5188     spend more than 10% of an award of funds on planning and administration costs.
5189          (d) A federal landowner that receives restricted account funds for a project shall match
5190     the funds received from the restricted account with an amount that is equal to or greater than
5191     the amount received from the restricted account.
5192          (4) In giving a grant, the department shall consider the effectiveness of a project in the
5193     rehabilitation or treatment of an area infested with, or threatened by, an invasive species.
5194          Section 199. Section 4-17-115, which is renumbered from Section 4-2-8.6 is
5195     renumbered and amended to read:
5196          [4-2-8.6].      4-17-115. Cooperative agreements and grants to rehabilitate areas
5197     infested with or threatened by invasive species.
5198          After consulting with the Department of Natural Resources and the Conservation
5199     Commission, the department may:
5200          (1) enter into a cooperative agreement with a political subdivision, a state agency, a
5201     federal agency, [or a federal, state, tribal] a tribe, a county weed board, a cooperative weed
5202     management area, a university, or a private landowner to:
5203          (a) rehabilitate or treat an area infested with, or threatened by, an invasive species; or
5204          (b) conduct research related to invasive species;
5205          (2) expend money from the Invasive Species Mitigation Account created in Section
5206     [4-2-8.7] 4-17-114; and
5207          (3) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
5208     make rules to:
5209          (a) administer this section; and

5210          (b) give grants from the Invasive Species Mitigation Account.
5211          Section 200. Section 4-18-102 is amended to read:
5212          4-18-102. Purpose declaration.
5213          (1) The Legislature finds and declares that:
5214          (a) the soil and water resources of this state constitute one of [its] the state's basic
5215     assets; and
5216          (b) the preservation of [these] soil and water resources requires planning and programs
5217     to ensure:
5218          (i) the development and utilization of [these] soil and water resources; and
5219          (ii) [their] soil and water resources' protection from the adverse effects of wind and
5220     water erosion, sediment, and sediment related pollutants.
5221          (2) The Legislature finds that local production of food is essential for:
5222          (a) the security of the state's food supply; and
5223          (b) the self-sufficiency of the state's citizens.
5224          (3) The Legislature finds that sustainable agriculture is critical to:
5225          (a) the success of rural communities;
5226          (b) the historical culture of the state;
5227          (c) maintaining healthy farmland;
5228          (d) maintaining high water quality;
5229          (e) maintaining abundant wildlife;
5230          (f) high-quality recreation for citizens of the state; and
5231          (g) helping to stabilize the state economy.
5232          (4) The Legislature finds that livestock grazing on public lands is important for the
5233     proper management, maintenance, and health of public lands in the state.
5234          (5) The Legislature encourages each agricultural producer in the state to operate in a
5235     reasonable and responsible manner to maintain the integrity of land, soil, water, and air.
5236          (6) [To] The department shall administer the Utah Agriculture Certificate of
5237     Environmental Stewardship Program, created in Section 4-18-107, to encourage each

5238     agricultural producer in this state to operate in a reasonable and responsible manner to maintain
5239     the integrity of the state's resources[, the state shall administer the Utah Agriculture Certificate
5240     of Environmental Stewardship Program, created in Section 4-18-107].
5241          Section 201. Section 4-18-104 is amended to read:
5242          4-18-104. Conservation Commission created -- Composition -- Appointment --
5243     Terms -- Compensation -- Attorney general to provide legal assistance.
5244          (1) There is created within the department the Conservation Commission to perform
5245     the functions specified in this chapter.
5246          (2) The Conservation Commission shall be [comprised of 16] composed of 15
5247     members, including:
5248          (a) the director of the Extension Service at Utah State University or the director's
5249     designee;
5250          (b) the president of the Utah Association of Conservation Districts or the president's
5251     designee;
5252          (c) the commissioner or the commissioner's designee;
5253          (d) the executive director of the Department of Natural Resources or the executive
5254     director's designee;
5255          (e) the executive director of the Department of Environmental Quality or the executive
5256     director's designee;
5257          (f) the chair [and the vice chair], or the chair's designee, of the State Grazing Advisory
5258     Board, created in Section [4-20-1.5] 4-20-103;
5259          (g) the president of the County Weed Supervisors Association;
5260          (h) seven district supervisors who provide district representation on the commission on
5261     a multicounty basis; and
5262          (i) the director of the School and Institutional Trust Lands Administration or the
5263     director's designee.
5264          (3) If a district supervisor is unable to attend a meeting, an alternate may serve in the
5265     place of the district supervisor for that meeting.

5266          (4) The members of the commission specified in Subsection (2)(h) shall:
5267          (a) be recommended by the commission to the governor; and
5268          (b) be appointed by the governor with the consent of the Senate.
5269          (5) (a) Except as required by Subsection (5)(b), as terms of current commission
5270     members expire, the governor shall appoint each new member or reappointed member to a
5271     four-year term.
5272          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
5273     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
5274     commission members are staggered so that approximately half of the commission is appointed
5275     every two years.
5276          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
5277     appointed for the unexpired term.
5278          (7) The commissioner is chair of the commission.
5279          (8) Attendance of a majority of the commission members at a meeting constitutes a
5280     quorum.
5281          (9) A member may not receive compensation or benefits for the member's service, but
5282     may receive per diem and travel expenses in accordance with:
5283          (a) Section 63A-3-106;
5284          (b) Section 63A-3-107; and
5285          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
5286     63A-3-107.
5287          (10) The commission shall keep a record of [its] the commission's actions.
5288          (11) The attorney general shall provide legal services to the commission upon request.
5289          Section 202. Section 4-18-105 is amended to read:
5290          4-18-105. Conservation Commission -- Functions and duties.
5291          (1) The commission shall:
5292          (a) facilitate the development and implementation of the strategies and programs
5293     necessary to:

5294          (i) protect, conserve, utilize, and develop the soil, air, and water resources of the state;
5295     and
5296          (ii) promote the protection, integrity, and restoration of land for agricultural and other
5297     beneficial purposes;
5298          (b) disseminate information regarding districts' activities and programs;
5299          (c) supervise the formation, reorganization, or dissolution of districts according to the
5300     requirements of Title 17D, Chapter 3, Conservation District Act;
5301          (d) prescribe uniform accounting and recordkeeping procedures for districts and
5302     require each district to submit annually an audit of [its] the district's funds to the commission;
5303          (e) approve and make loans for agricultural purposes, through the advisory board
5304     described in Section 4-18-106, from the Agriculture Resource Development Fund, for:
5305          (i) rangeland improvement and management projects;
5306          (ii) watershed protection and flood prevention projects;
5307          (iii) agricultural cropland soil and water conservation projects;
5308          (iv) programs designed to promote energy efficient farming practices; and
5309          (v) programs or improvements for agriculture product storage or protections of a crop
5310     or animal resource;
5311          (f) administer federal or state funds, including loan funds under this chapter, in
5312     accordance with applicable federal or state guidelines and make loans or grants from those
5313     funds to land occupiers for:
5314          (i) conservation of soil or water resources;
5315          (ii) maintenance of rangeland improvement projects;
5316          (iii) development and implementation of coordinated resource management plans, as
5317     defined in Section 4-18-103, with conservation districts, as defined in Section 17D-3-102; and
5318          (iv) control or eradication of noxious weeds and invasive plant species:
5319          (A) in cooperation and coordination with local weed boards; and
5320          (B) in accordance with Section [4-2-8.7] 4-17-114;
5321          (g) seek to coordinate soil and water protection, conservation, and development

5322     activities and programs of state agencies, local governmental units, other states, special interest
5323     groups, and federal agencies;
5324          (h) plan watershed and flood control projects in cooperation with appropriate local,
5325     state, and federal authorities, and coordinate flood control projects in the state;
5326          (i) assist other state agencies with conservation standards for agriculture when
5327     requested; and
5328          (j) when assigned by the governor, when required by contract with the Department of
5329     Environmental Quality, or when required by contract with the United States Environmental
5330     Protection Agency:
5331          (i) develop programs for the prevention, control, or abatement of new or existing
5332     pollution to the soil, water, or air of the state;
5333          (ii) advise, consult, and cooperate with affected parties to further the purpose of this
5334     chapter;
5335          (iii) conduct studies, investigations, research, and demonstrations relating to
5336     agricultural pollution issues;
5337          (iv) give reasonable consideration in the exercise of its powers and duties to the
5338     economic impact on sustainable agriculture;
5339          (v) meet the requirements of federal law related to water and air pollution in the
5340     exercise of [its] the commission's powers and duties; and
5341          (vi) establish administrative penalties relating to agricultural discharges as defined in
5342     Section 4-18-103 that are proportional to the seriousness of the resulting environmental harm.
5343          (2) The commission may:
5344          (a) employ, with the approval of the department, an administrator and necessary
5345     technical experts and employees;
5346          (b) execute contracts or other instruments necessary to exercise its powers;
5347          (c) take necessary action to promote and enforce the purpose and findings of Section
5348     4-18-102;
5349          (d) sue and be sued; and

5350          (e) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
5351     Rulemaking Act, necessary to carry out the powers and duties described in Subsection (1) and
5352     Subsections (2)(b) and (c).
5353          [(3) If, under Subsection (2)(a), the commission employs an individual who was
5354     formerly an employee of a conservation district or the Utah Association of Conservation
5355     Districts, the Department of Human Resource Management shall:]
5356          [(a) recognize the employee's employment service credit from the conservation district
5357     or association in determining leave accrual in the employee's new position within the state;
5358     and]
5359          [(b) set the initial wage rate for the employee at the level that the employee was
5360     receiving as an employee of the conservation district or association.]
5361          [(4) An employee described in Subsection (3) is exempt from the career service
5362     provisions of Title 67, Chapter 19, Utah State Personnel Management Act, and shall be
5363     designated under schedule codes and parameters established by the Department of Human
5364     Resource Management under Subsection 67-19-15(1)(p) until the commission, under
5365     parameters established by the Department of Human Resource Management, designates the
5366     employee under a different schedule recognized under Section 67-19-15.]
5367          [(5) (a) For purposes of the report required by Subsection (5)(b), the commissioner
5368     shall study the organizational structure of the employees described in Subsection (3).]
5369          [(b) The commissioner shall report to the Natural Resources, Agriculture, and
5370     Environmental Quality Appropriations Subcommittee by no later than that subcommittee's
5371     November 2015 interim meeting regarding the study required by Subsection (5)(a).]
5372          Section 203. Section 4-18-106 is amended to read:
5373          4-18-106. Agriculture Resource Development Fund -- Contents -- Use of fund
5374     money -- Authority board.
5375          (1) There is created a revolving loan fund known as the Agriculture Resource
5376     Development Fund.
5377          (2) The Agriculture Resource Development Fund shall consist of:

5378          (a) money appropriated to it by the Legislature;
5379          (b) sales and use tax receipts transferred to the fund in accordance with Section
5380     59-12-103;
5381          (c) money received for the repayment of loans made from the fund;
5382          (d) money made available to the state for agriculture resource development from any
5383     source; and
5384          (e) interest earned on the fund.
5385          (3) The commission shall make loans from the Agriculture Resource Development
5386     Fund as provided by Subsections 4-18-105(1)(e)(i) through (iv).
5387          (4) The commission may appoint an advisory board that shall:
5388          (a) oversee the award process for loans, as described in this section;
5389          (b) make recommendations to the commission regarding loans; and
5390          (c) recommend [the] policies and procedures for the Agriculture Resource
5391     Development Fund[,] that are consistent with statute.
5392          Section 204. Section 4-18-107 is amended to read:
5393          4-18-107. Utah Agriculture Certificate of Environmental Stewardship Program.
5394          (1) There is created the Utah Agriculture Certificate of Environmental Stewardship
5395     Program.
5396          (2) The commission, with the assistance of the department and with the advice of the
5397     Water Quality Board[,] created in Section 19-1-106, shall make rules in accordance with Title
5398     63G, Chapter 3, Utah Administrative Rulemaking Act that establish:
5399          (a) (i) best management practices;
5400          (ii) state technical standards; and
5401          (iii) guidelines for nutrient management plans;
5402          (b) requirements for qualification under the Utah Agriculture Certificate of
5403     Environmental Stewardship Program that:
5404          (i) are consistent with sustainable agriculture;
5405          (ii) help prevent harm to the environment, including prevention of an agricultural

5406     discharge; and
5407          (iii) encourage agricultural operations in the state to follow:
5408          (A) best management practices; and
5409          (B) nutrient management plans that meet the state technical standards appropriate for
5410     each type of agricultural operation;
5411          (c) the procedure for qualification under the Utah Agriculture Certificate of
5412     Environmental Stewardship Program;
5413          (d) the requirements and certification process for an individual to become a certified
5414     conservation planner; and
5415          (e) standards and procedures for administering the Utah Agriculture Certificate of
5416     Environmental Stewardship Program, including:
5417          (i) renewal of a certification under Subsection (4)(b);
5418          (ii) investigation and revocation of a certification under Subsection (6); and
5419          (iii) revocation of a certification under Subsection (7)(b).
5420          (3) An owner or operator of an agricultural operation may apply to certify the
5421     agricultural operation under the Utah Agriculture Certificate of Environmental Stewardship
5422     Program in accordance with this section.
5423          (4) (a) Except as provided in Subsection (6) or (7), a certified agricultural operation
5424     remains certified for a period of five years after the day on which the agricultural operation
5425     becomes certified.
5426          (b) A certified agricultural operation may, in accordance with commission rule, renew
5427     the certification for an additional five years to keep the certification for a total period of 10
5428     years after the day on which the agricultural operation becomes certified.
5429          (5) Subject to review by the commissioner or the commissioner's designee, a certified
5430     conservation planner shall certify each qualifying agricultural operation that applies to the Utah
5431     Agriculture Certificate of Environmental Stewardship Program.
5432          (6) (a) Upon request of the Department of Environmental Quality or upon receipt by
5433     the department of a citizen environmental complaint, the department shall, with the assistance

5434     of certified conservation planners as necessary, investigate a certified agricultural operation to
5435     determine whether the agricultural operation has committed a significant violation of the
5436     requirements of the Utah Agriculture Certificate of Environmental Stewardship Program.
5437          (b) If, after completing an investigation described in Subsection (6)(a), the department
5438     determines that a certified agricultural operation has committed a significant violation of the
5439     requirements for the Utah Agriculture Certificate of Environmental Stewardship Program, the
5440     department shall report the violation to the commission.
5441          (c) Upon receipt of a report described in Subsection (6)(b), the commission shall
5442     review the report and:
5443          (i) revoke the agricultural operation's certification; or
5444          (ii) set terms and conditions for the agricultural operation to maintain its certification.
5445          (7) (a) If, for a certification renewal under Subsection (4)(b), or an investigation under
5446     Subsection (6)(a), the department requests access to a certified agricultural operation, the
5447     certified agricultural operation shall, at a reasonable time, allow access for the department to:
5448          (i) inspect the agricultural operation; or
5449          (ii) review the records of the agricultural operation.
5450          (b) If a certified agricultural operation denies the department access as described in
5451     Subsection (7)(a), the commission may revoke the agricultural operation's certification.
5452          (8) If the commission changes a requirement of the Utah Agriculture Certificate of
5453     Environmental Stewardship Program after an agricultural operation is certified in accordance
5454     with former requirements, during the certification and renewal periods described in
5455     Subsections (4)(a) and (b) the agricultural operation may choose whether to abide by a new
5456     requirement, but the agricultural operation is not subject to the new requirement until the
5457     agricultural operation reapplies for certification.
5458          (9) Nothing in this section exempts an agricultural discharge made by a certified
5459     agricultural operation from the provisions of Subsection 19-5-105.5(3)(b).
5460          (10) (a) Except as provided in Subsections 19-5-105.6(2) and (3), a certified agriculture
5461     operation may not be required to implement additional projects or best management practices

5462     to address nonpoint source discharges.
5463          (b) The Division of Water Quality shall consider an agriculture operation's compliance
5464     with certification under an approved agriculture environmental stewardship program a
5465     mitigating factor for penalty purposes, as provided in Section 19-5-105.6.
5466          Section 205. Section 4-18-108 is amended to read:
5467          4-18-108. Grants for environmental improvement projects -- Criteria for award
5468     -- Duties of commission.
5469          (1) (a) Subject to appropriation, the commission, as described in Subsection (4), may
5470     make a grant to an owner or operator of a farm or ranch to pay for the costs of plans or projects
5471     to improve manure management, control surface water runoff, or address other environmental
5472     issues on the farm or ranch operation, including the costs of preparing or implementing a
5473     nutrient management plan.
5474          (b) The commission shall make a grant described in Subsection (1)(a) from funds
5475     appropriated by the Legislature for that purpose.
5476          (2) (a) In awarding a grant, the commission shall consider the following criteria:
5477          (i) the ability of the grantee to pay for the costs of plans or projects to improve manure
5478     management or control surface water runoff;
5479          (ii) the availability of:
5480          (A) matching funds provided by the grantee or another source; or
5481          (B) material, labor, or other items of value provided in lieu of money by the grantee or
5482     another source; and
5483          (iii) the benefits that accrue to the general public by the awarding of a grant.
5484          (b) The commission may establish by rule additional criteria for the awarding of a
5485     grant.
5486          (3) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
5487     Administrative Rulemaking Act, to implement this section.
5488          (4) The commission:
5489          (a) shall be responsible for awarding a grant or loan for water quality or other

5490     environmental issues; and
5491          (b) may appoint an advisory board to:
5492          (i) assist with the award process; and
5493          (ii) make recommendations to the commission regarding awards.
5494          Section 206. Section 4-18-201 is enacted to read:
5495     
Part 2. Salinity Offset Fund

5496          4-18-201. Title -- Definitions.
5497          (1) This part is known as "Salinity Offset Fund."
5498          (2) As used in this part, "Colorado River Salinity Offset Program" means a program,
5499     administered by the Division of Water Quality, allowing oil, gas, or mining companies and
5500     other entities to provide funds to finance salinity reduction projects in the Colorado River
5501     Basin by purchasing salinity credits as offsets against discharges made by the company under
5502     permits issued by the Division of Water Quality.
5503          Section 207. Section 4-18-202, which is renumbered from Section 4-2-8.5 is
5504     renumbered and amended to read:
5505          [4-2-8.5].      4-18-202. Salinity Offset Fund.
5506          [(1) As used in this section, "Colorado River Salinity Offset Program" means a
5507     program, administered by the Division of Water Quality, allowing oil, gas, or mining
5508     companies and other entities to provide funds to finance salinity reduction projects in the
5509     Colorado River Basin by purchasing salinity credits as offsets against discharges made by the
5510     company under permits issued by the Division of Water Quality.]
5511          [(2)] (1) (a) There is created an expendable special revenue fund known as the "Salinity
5512     Offset Fund."
5513          (b) The fund shall consist of:
5514          (i) money received from the Division of Water Quality that has been collected as part
5515     of the Colorado River Salinity Offset Program;
5516          (ii) grants from local governments, the state, or the federal government;
5517          (iii) grants from private entities; and

5518          (iv) interest on fund money.
5519          [(3)] (2) (a) The department shall:
5520          (i) subject to the rules established under Subsection [(3)] (2)(a)(ii), distribute fund
5521     money to farmers, ranchers, mutual irrigation companies, and other entities in the state to assist
5522     in financing irrigation, rangeland, and watershed improvement projects that will, in accordance
5523     with the Colorado River Salinity Offset Program, reduce salinity in the Colorado River; and
5524          (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
5525     make rules establishing:
5526          (A) a project funding application process;
5527          (B) project funding requirements;
5528          (C) project approval criteria; and
5529          (D) standards for evaluating the effectiveness of funded projects in reducing salinity in
5530     the Colorado River.
5531          (b) The department may require entities seeking fund money to provide matching
5532     funds.
5533          (c) The department shall submit to the Division of Water Quality proposed funding
5534     projects for the division's review and approval.
5535          (d) The Division of Water Quality and the department shall establish a committee to
5536     review and approve projects, as funding allows.
5537          [(4)] (3) (a) Except as provided in Subsection [(4)] (3)(b), the department may use fund
5538     money for the administration of the fund, but this amount may not exceed 10% of the receipts
5539     to the fund.
5540          (b) The department may not use earned interest for administration of the fund.
5541          Section 208. Section 4-19-101 is enacted to read:
5542     
CHAPTER 19. RURAL REHABILITATION

5543          4-19-101. Title.
5544          This chapter is known as "Rural Rehabilitation."
5545          Section 209. Section 4-19-102, which is renumbered from Section 4-19-1 is

5546     renumbered and amended to read:
5547          [4-19-1].      4-19-102. Department responsible for conduct and administration
5548     of rural rehabilitation program.
5549          The department shall conduct and administer the rural rehabilitation program within the
5550     state in accordance with the agreement entered into in January 1975, between the United States
5551     of America through its Farm Home Administration and the state through its commissioner.
5552          Section 210. Section 4-19-103, which is renumbered from Section 4-19-2 is
5553     renumbered and amended to read:
5554          [4-19-2].      4-19-103. Department authorized to approve and make grants and
5555     loans, acquire property, and lease or operate property.
5556          The department, in conjunction with the administration of the rural rehabilitation
5557     program, may:
5558          (1) approve and make a loan to a farm or agricultural cooperative association regulated
5559     under Title 3, Uniform Agricultural Cooperative Association Act, subject to Section [4-19-3]
5560     4-19-104, including:
5561          (a) taking security for the loan through a mortgage, trust deed, pledge, or other security
5562     device;
5563          (b) purchasing a promissory note, real estate contract, mortgage, trust deed, or other
5564     instrument or evidence of indebtedness; and
5565          (c) collecting, compromising, canceling, or adjusting a claim or obligation arising out
5566     of the administration of the rural rehabilitation program;
5567          (2) purchase or otherwise obtain property in which the department has acquired an
5568     interest on account of a mortgage, trust deed, lien, pledge, assignment, judgment, or other
5569     means at any execution or foreclosure sale;
5570          (3) operate or lease, if necessary to protect its investment, property in which it has an
5571     interest, or sell or otherwise dispose of the property; and
5572          (4) approve and make an education loan or an education grant to an individual for the
5573     purpose of attending a vocational school, college, or university to obtain additional education,

5574     qualifications, or skills.
5575          Section 211. Section 4-19-104, which is renumbered from Section 4-19-3 is
5576     renumbered and amended to read:
5577          [4-19-3].      4-19-104. Loans -- Not to exceed period of 10 years -- Agricultural
5578     Advisory Board to approve loans and renewals, methods of payments, and interest rates
5579     -- Guidelines in fixing interest rates declared.
5580          (1) The department may not make a loan authorized under this chapter for a period to
5581     exceed 10 years, but the loan is renewable.
5582          (2) [The] Except as provided in Subsection (5), the Agricultural Advisory Board
5583     created in Section 4-2-108 shall approve:
5584          (a) all loans and renewals;
5585          (b) the methods of repayment; and
5586          (c) the interest rates charged.
5587          (3) In fixing interest rates, the Agricultural Advisory Board shall consider:
5588          (a) the current applicable interest rate or rates being charged by the USDA Farm
5589     Service Agency on similar loans;
5590          (b) the current prime rate charged by leading lending institutions; and
5591          (c) any other pertinent economic data.
5592          (4) The interest rates established shall be compatible with guidelines stated in this
5593     section.
5594          (5) The Agricultural Advisory Board may create a subcommittee from the board's
5595     membership to approve a loan or renewal under this section.
5596          Section 212. Section 4-19-105, which is renumbered from Section 4-19-4 is
5597     renumbered and amended to read:
5598          [4-19-4].      4-19-105. Utah Rural Rehabilitation Fund.
5599          (1) The department shall deposit all income generated from the administration of the
5600     rural rehabilitation program in a separate fund known as the "Utah Rural Rehabilitation Fund."
5601          (2) The state treasurer shall maintain the Utah Rural Rehabilitation Fund and record all

5602     debits and credits made to the fund by the department.
5603          Section 213. Section 4-20-101, which is renumbered from Section 4-20-1 is
5604     renumbered and amended to read:
5605     
CHAPTER 20. RANGELAND IMPROVEMENT ACT

5606          [4-20-1].      4-20-101. Title.
5607          [(1)] This chapter is known as the "Rangeland Improvement Act."
5608          [(2) As used in this chapter:]
5609          [(a) "Cooperative weed management association" means a multigovernmental
5610     association cooperating together to control noxious weeds in a geographic area that includes
5611     some portion of Utah.]
5612          [(b) "Fees" mean the revenue collected by the United States Secretary of Interior from
5613     assessments on livestock using public lands.]
5614          [(c) "Grazing district" means an administrative unit of land:]
5615          [(i) designated by the commissioner as being valuable for grazing and for raising
5616     forage crops; and]
5617          [(ii) which consists of any combination of the following:]
5618          [(A) public land;]
5619          [(B) private land;]
5620          [(C) state land; and]
5621          [(D) school and institutional trust land as defined in Section 53C-1-103.]
5622          [(d) "Public lands" mean vacant, unappropriated, reserved, and unreserved federal
5623     lands.]
5624          [(e) "Regional board" means a regional grazing advisory board whose members are
5625     appointed under Section 4-20-1.6.]
5626          [(f) "Restricted account" means the Rangeland Improvement Account created in Section
5627     4-20-2.]
5628          [(g) "Sales" or "leases" mean the sale or lease, respectively, of isolated or disconnected
5629     tracts of public lands by the United States Secretary of Interior.]

5630          [(h) "State board" means the State Grazing Advisory Board created under Section
5631     4-20-1.5.]
5632          Section 214. Section 4-20-102 is enacted to read:
5633          4-20-102. Definitions.
5634          As used in this chapter:
5635          (1) "Cooperative weed management association" means a multigovernmental
5636     association cooperating to control noxious weeds in a geographic area that includes some
5637     portion of Utah.
5638          (2) "Fees" means the revenue collected by the United States secretary of interior from
5639     assessments on livestock using public lands.
5640          (3) "Grazing district" means an administrative unit of land:
5641          (a) designated by the commissioner as valuable for grazing and for raising forage
5642     crops; and
5643          (b) that consists of any combination of the following:
5644          (i) public lands;
5645          (ii) private land;
5646          (iii) state land; and
5647          (iv) school and institutional trust land as defined in Section 53C-1-103.
5648          (4) "Public lands" mean vacant, unappropriated, reserved, and unreserved federal
5649     lands.
5650          (5) "Regional board" means a regional grazing advisory board with members appointed
5651     under Section 4-20-104.
5652          (6) "Restricted account" means the Rangeland Improvement Account created in
5653     Section 4-20-105.
5654          (7) "Sales" or "leases" means the sale or lease, respectively, of isolated or disconnected
5655     tracts of public lands by the United States secretary of interior.
5656          (8) "State board" means the State Grazing Advisory Board created under Section
5657     4-20-103.

5658          Section 215. Section 4-20-103, which is renumbered from Section 4-20-1.5 is
5659     renumbered and amended to read:
5660          [4-20-1.5].      4-20-103. State Grazing Advisory Board -- Duties.
5661          (1) (a) There is created within the department the State Grazing Advisory Board.
5662          (b) The commissioner shall appoint the following members:
5663          (i) one member from each regional board;
5664          (ii) one member from the Conservation Commission, created in Section 4-18-104;
5665          (iii) one representative of the Department of Natural Resources;
5666          (iv) two livestock producers at-large; and
5667          (v) one representative of the oil, gas, or mining industry.
5668          (2) The term of office for a state board member is four years.
5669          (3) Members of the state board shall elect a chair, who shall serve for two years.
5670          (4) A member may not receive compensation or benefits for the member's service but
5671     may receive per diem and travel expenses in accordance with:
5672          (a) Section 63A-3-106;
5673          (b) Section 63A-3-107; and
5674          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
5675     63A-3-107.
5676          (5) The state board shall:
5677          (a) receive:
5678          (i) advice and recommendations from a regional board concerning:
5679          (A) management plans for public lands, state lands, and school and institutional trust
5680     lands as defined in Section 53C-1-103, within the regional board's region; and
5681          (B) any issue that impacts grazing on private lands, public lands, state lands, or school
5682     and institutional trust lands as defined in Section 53C-1-103, in its region; and
5683          (ii) requests for restricted account money from the entities described in Subsections
5684     (5)(c)(i) through (iv);
5685          (b) recommend state policy positions and cooperative agency participation in federal

5686     and state land management plans to the department and to the Public Lands Policy
5687     Coordinating Office, created under Section 63J-4-602; and
5688          (c) advise the department on the requests and recommendations of:
5689          (i) regional boards;
5690          (ii) county weed control boards, created in Section [4-17-4] 4-17-105;
5691          (iii) cooperative weed management associations; and
5692          (iv) conservation districts created under the authority of Title 17D, Chapter 3,
5693     Conservation District Act.
5694          Section 216. Section 4-20-104, which is renumbered from Section 4-20-1.6 is
5695     renumbered and amended to read:
5696          [4-20-1.6].      4-20-104. Regional grazing advisory boards -- Duties.
5697          (1) The commissioner shall appoint members to a regional board for each grazing
5698     district from nominations submitted by:
5699          (a) the Utah Cattlemen's Association;
5700          (b) the Utah [Woolgrower's] Woolgrowers Association;
5701          (c) the Utah Farm Bureau Federation; and
5702          (d) a conservation district, if the conservation district's boundaries include some
5703     portion of the grazing district.
5704          (2) Regional boards:
5705          (a) shall provide advice and recommendations to the state board; and
5706          (b) may receive money from the Rangeland Improvement Account created in Section
5707     [4-20-2] 4-20-105.
5708          (3) If a regional board receives money as authorized by Subsection (2)(b), the regional
5709     board shall elect a treasurer to expend the money:
5710          (a) as directed by the regional board; and
5711          (b) in accordance with Section [4-20-3] 4-20-106.
5712          Section 217. Section 4-20-105, which is renumbered from Section 4-20-2 is
5713     renumbered and amended to read:

5714          [4-20-2].      4-20-105. Rangeland Improvement Account -- Administered by
5715     department.
5716          (1) (a) There is created a restricted account within the General Fund known as the
5717     "Rangeland Improvement Account."
5718          (b) The restricted account shall consist of:
5719          (i) money received by the state from the United States Secretary of Interior under the
5720     Taylor Grazing Act, 43 U.S.C. Section 315 et seq., for sales, leases, and fees;
5721          (ii) grants or appropriations from the state or federal government; and
5722          (iii) grants from private foundations.
5723          (c) Interest earned on the restricted account shall be deposited into the General Fund.
5724          (2) The department shall:
5725          (a) administer the restricted account;
5726          (b) obtain from the United States Department of Interior the receipts collected from:
5727          (i) fees in each grazing district; and
5728          (ii) the receipts collected from the sale or lease of public lands; and
5729          (c) distribute restricted account money in accordance with Section [4-20-3] 4-20-106.
5730          Section 218. Section 4-20-106, which is renumbered from Section 4-20-3 is
5731     renumbered and amended to read:
5732          [4-20-3].      4-20-106. Rangeland Improvement Account distribution.
5733          (1) The department shall distribute restricted account money as provided in this
5734     section.
5735          (a) The department shall:
5736          (i) distribute pro rata to each school district the money received by the state under
5737     Subsection [4-20-2] 4-20-105(1)(b)(i) from the sale or lease of public lands based upon the
5738     amount of revenue generated from the sale or lease of public lands within the district; and
5739          (ii) ensure that all money generated from the sale or lease of public lands within a
5740     school district is credited and deposited to the general school fund of that school district.
5741          (b) (i) After the commissioner approves a request from a regional board, the

5742     department shall distribute pro rata to each regional board money received by the state under
5743     Subsection [4-20-2] 4-20-105(1)(b)(i) from fees based upon the amount of revenue generated
5744     from the imposition of fees within that grazing district.
5745          (ii) The regional board shall expend money received in accordance with Subsection (2).
5746          (c) (i) The department shall distribute or expend money received by the state under
5747     Subsections [4-20-2] 4-20-105(1)(b)(ii) and (iii) for the purposes outlined in Subsection (2).
5748          (ii) The department may require entities seeking funding from sources outlined in
5749     Subsections [4-20-2] 4-20-105(1)(b)(ii) and (iii) to provide matching funds.
5750          (2) The department shall ensure that restricted account distributions or expenditures
5751     under Subsections (1)(b) and (c) are used for:
5752          (a) range improvement and maintenance;
5753          (b) the control of predatory and depredating animals;
5754          (c) the control, management, or extermination of invading species, range damaging
5755     organisms, and poisonous or noxious weeds;
5756          (d) the purchase or lease of lands or a conservation easement for the benefit of a
5757     grazing district;
5758          (e) watershed protection, development, distribution, and improvement;
5759          (f) the general welfare of livestock grazing within a grazing district; and
5760          (g) subject to Subsection (3), costs to monitor rangeland improvement projects.
5761          (3) Annual account distributions or expenditures for the monitoring costs described in
5762     Subsection (2)(g) may not exceed 10% of the annual receipts of the fund.
5763          Section 219. Section 4-20-107, which is renumbered from Section 4-20-8 is
5764     renumbered and amended to read:
5765          [4-20-8].      4-20-107. Audit of grazing districts -- State auditor to coordinate
5766     with Department of Interior in conduct of audit.
5767          The state auditor is authorized to coordinate with the Department of Interior in auditing
5768     the books of the several advisory boards.
5769          Section 220. Section 4-20-108, which is renumbered from Section 4-20-9 is

5770     renumbered and amended to read:
5771          [4-20-9].      4-20-108. Commissioner to supervise distribution of undistributed
5772     funds if United States alters or discontinues funding leaving funds or resources available.
5773          If the United States alters or discontinues funding under the Taylor Grazing Act, 43
5774     U.S.C. Sec. 315 et seq., or the operation of advisory boards, leaving funds or other resources
5775     undistributed or otherwise without means for continuation, the commissioner shall supervise
5776     and control the distribution of such undistributed funds or other resources.
5777          Section 221. Section 4-20-109, which is renumbered from Section 4-20-10 is
5778     renumbered and amended to read:
5779          [4-20-10].      4-20-109. Promotion of multiple use of rangeland resources.
5780          (1) The department shall work cooperatively to promote efficient multiple-use
5781     management of the rangeland resources of the public lands administered by the federal Bureau
5782     of Land Management within the state to benefit the overall public interest.
5783          (2) The department may serve as an independent resource for mediating disputes
5784     concerning permit issues within the scope of Subsection (1).
5785          Section 222. Section 4-22-101 is enacted to read:
5786     
CHAPTER 22. DAIRY PROMOTION

5787          4-22-101. Title.
5788          This chapter is known as "Dairy Promotion."
5789          Section 223. Section 4-22-102, which is renumbered from Section 4-22-1 is
5790     renumbered and amended to read:
5791          [4-22-1].      4-22-102. Definitions.
5792          As used in this chapter:
5793          (1) "Commission" means the Utah Dairy Commission.
5794          (2) "Dealer" means any person who buys and processes raw milk or milk fat, or who
5795     acts as agent in the sale or purchase of raw milk or milk fat, or who acts as a broker or factor
5796     with respect to raw milk or milk fat or any product derived from either.
5797          (3) "Producer" means a person who produces milk or milk fat from cows and who sells

5798     it for human or animal consumption, or for medicinal or industrial uses.
5799          (4) "Producer-handler" means any producer who processes raw milk or milk fat.
5800          Section 224. Section 4-22-103, which is renumbered from Section 4-22-2 is
5801     renumbered and amended to read:
5802          [4-22-2].      4-22-103. Utah Dairy Commission created -- Composition -- Elected
5803     members -- Terms of elected members -- Qualifications for election.
5804          (1) There is created an independent state agency known as the Utah Dairy Commission.
5805          (2) The Utah Dairy Commission consists of 13 members as follows:
5806          (a) the commissioner of agriculture and food, or the commissioner's representative;
5807          (b) the dean of the College of Agriculture at Utah State University, or the dean's
5808     representative;
5809          (c) the president of the Utah Dairy Women's Association or the president of the Utah
5810     Dairy Women's Association's representative;
5811          (d) a member from District 1, northern Cache County, which member shall have a
5812     Cornish, Lewiston, Richmond/Cove, or Trenton mailing address;
5813          (e) a member from District 2, central Cache County and Rich County, which member
5814     shall have a Newton, Clarkston, Amalga, Smithfield, Benson, Hyde Park, Mendon, or
5815     Petersboro mailing address;
5816          (f) a member from District 3, southern Cache County, which member shall have a
5817     Logan, Providence, Nibley, Hyrum, Paradise, Wellsville, College Ward, Young Ward, or
5818     Millville mailing address;
5819          (g) a member from District 4, Box Elder County;
5820          (h) a member from District 5, Weber and Morgan Counties;
5821          (i) a member from District 6, Salt Lake, Davis, Utah, and Tooele Counties;
5822          (j) a member from District 7, Wasatch, Summit, Duchesne, Uintah, and Daggett
5823     Counties;
5824          (k) a member from District 8, Millard, Beaver, Iron, and Washington Counties;
5825          (l) a member from District 9, Sanpete, Carbon, Emery, Grand, Juab, and San Juan

5826     Counties; and
5827          (m) a member from District 10, Piute, Wayne, Kane, Garfield, and Sevier Counties.
5828          (3) The ex officio members listed in Subsections (2)(a) and (b) shall serve without a
5829     vote.
5830          (4) The members listed in Subsections (2)(d) through (m) shall be elected to four-year
5831     terms of office as provided in Section [4-22-6] 4-22-105.
5832          (5) Members shall enter office on July 1 of the year in which they are elected.
5833          (6) The commission, by two-thirds vote, may alter the boundaries comprising the
5834     districts established in this section to maintain equitable representation of active milk
5835     producers on the commission.
5836          (7) Each member shall be:
5837          (a) a citizen of the United States;
5838          (b) 26 years of age or older;
5839          (c) an active milk producer with five consecutive years experience in milk production
5840     within this state immediately preceding election; and
5841          (d) a resident of Utah and the district represented.
5842          Section 225. Section 4-22-104, which is renumbered from Section 4-22-3 is
5843     renumbered and amended to read:
5844          [4-22-3].      4-22-104. Commission -- Organization -- Quorum to transact
5845     business -- Vacancies -- Ineligibility to serve -- Compensation.
5846          (1) The members of the commission shall elect a chair, vice chair, and secretary from
5847     [among their number] the commission.
5848          (2) Attendance of a simple majority of the commission members at a called meeting
5849     shall constitute a quorum for the transaction of official business.
5850          (3) The commission shall meet:
5851          (a) at the time and place designated by the chair; and
5852          (b) no less often than once every three months.
5853          (4) Vacancies [which] that occur on the commission for any reason shall be filled for

5854     the unexpired term of the vacated member by appointment of a majority of the remaining
5855     members.
5856          (5) If a member moves from the district that [he] the member represents or ceases to
5857     act as a producer during [his] the member's term of office, [he] the member shall resign from
5858     the commission within 30 days after moving from the district or ceasing production.
5859          (6) A member may not receive compensation or benefits for the member's service, but
5860     may receive per diem and travel expenses in accordance with:
5861          (a) Section 63A-3-106;
5862          (b) Section 63A-3-107; and
5863          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
5864     63A-3-107.
5865          Section 226. Section 4-22-105, which is renumbered from Section 4-22-6 is
5866     renumbered and amended to read:
5867          [4-22-6].      4-22-105. Commission to conduct elections -- Nomination of
5868     candidates -- Expenses of election paid by commission.
5869          (1) (a) The commissioner shall administer all commission elections.
5870          (b) The commissioner shall mail a ballot to each producer within the district in which
5871     an election is to be held by May 15 of each election year.
5872          (c) The candidate who receives the highest number of votes cast in the candidate's
5873     district shall be elected.
5874          (d) The commissioner shall determine all questions of eligibility.
5875          (e) A ballot shall be postmarked by May 31 of an election year.
5876          (f) (i) All ballots received by the commissioner shall be counted and tallied by June 15.
5877          (ii) A member of the commission whose name appears on a ballot may not participate
5878     in counting or tallying the ballots.
5879          (2) Candidates for election to the commission shall be nominated, not later than April
5880     15, by a petition signed by [five] two or more producers who are residents of the district in
5881     which the election is to be held.

5882          (3) The names of all nominees shall be submitted to the commissioner on or before
5883     May 1 of each election year [in which an election is held].
5884          (4) All election expenses incurred by the commissioner shall be paid by the
5885     commission.
5886          Section 227. Section 4-22-106, which is renumbered from Section 4-22-4 is
5887     renumbered and amended to read:
5888          [4-22-4].      4-22-106. Commission powers, duties, and functions.
5889          The commission has and shall exercise the following functions, powers, and duties:
5890          (1) to employ and fix the salary of a full-time administrator, not a member of the
5891     commission, to administer the policies adopted, and perform the duties assigned, by the
5892     commission;
5893          (2) to conduct a campaign of research, nutritional education, and publicity, showing the
5894     value of milk, cream, and dairy products;
5895          (3) to encourage local, national, and international use of Utah dairy products and
5896     by-products, through advertising or otherwise;
5897          (4) to investigate and participate in studies of problems peculiar to producers in Utah
5898     and to take all actions consistent with this chapter to promote, protect, and stabilize the state
5899     dairy industry;
5900          (5) to sue and be sued, prosecute actions in the name of the state for the collection of
5901     the assessment imposed by Section [4-22-7] 4-22-201, enter into contracts, and incur
5902     indebtedness in furtherance of [its] the commission's business activities;
5903          (6) to cooperate with any local, state, or national organization engaged in activities
5904     similar to those of the commission;
5905          (7) to accept grants, donations, or gifts for use consistent with this chapter; and
5906          (8) to do all other things necessary for the efficient and effective management and
5907     operation of [its] the commission's business.
5908          Section 228. Section 4-22-107, which is renumbered from Section 4-22-4.5 is
5909     renumbered and amended to read:

5910          [4-22-4.5].      4-22-107. Exemption from certain operational requirements.
5911          The commission is exempt from:
5912          (1) Title 51, Chapter 5, Funds Consolidation Act;
5913          (2) Title 51, Chapter 7, State Money Management Act;
5914          (3) Title 63A, Utah Administrative Services Code;
5915          (4) Title 63J, Chapter 1, Budgetary Procedures Act; and
5916          (5) Title 67, Chapter 19, Utah State Personnel Management Act.
5917          Section 229. Section 4-22-108, which is renumbered from Section 4-22-5 is
5918     renumbered and amended to read:
5919          [4-22-5].      4-22-108. Commission may require surety bond -- Payment of
5920     premium.
5921          The commission may require the administrator, or any [of its] commission employees,
5922     to post a surety bond conditioned for the faithful performance of [their] the commission's
5923     official duties. The amount, form, and kind of such a bond shall be fixed by the commission
5924     and each bond premium shall be paid by the commission.
5925          Section 230. Section 4-22-201, which is renumbered from Section 4-22-7 is
5926     renumbered and amended to read:
5927     
Part 2. Assessment

5928          [4-22-7].      4-22-201. Assessment imposed on sale of milk or cream produced,
5929     sold, or contracted for sale in state -- Time of assessment -- Collection by dealer or
5930     producer-handler -- Penalty for delinquent payment or collection -- Statement to be given
5931     to producer.
5932          (1) An assessment of 10 cents is imposed upon each 100 pounds of milk or cream
5933     produced and sold, or contracted for sale, through commercial channels in this state.
5934          (2) The assessment shall be:
5935          (a) based upon daily or monthly settlements; and
5936          (b) due at a time set by the commission, which may not be later than the last day of the
5937     month next succeeding the month of sale.

5938          (3) (a) The assessment shall be:
5939          (i) assessed against the producer at the time the milk or milk fat is delivered for sale;
5940          (ii) deducted from the sales price; and
5941          (iii) collected by the dealer or producer-handler.
5942          (b) The proceeds of the assessment shall be paid directly to the commission who shall
5943     issue a receipt to the dealer or producer-handler.
5944          (c) If a dealer or producer-handler fails to remit the proceeds of the assessment or
5945     deduct the assessment on time, a penalty equal to 10% of the amount due shall be added to the
5946     assessment.
5947          (4) (a) At the time of payment of the assessment, the dealer or producer-handler shall
5948     deliver a statement to the producer calculating the assessment.
5949          (b) The commission may require other relevant information to be included in the
5950     statement.
5951          (5) If the mandatory assessment required by the Dairy and Tobacco Adjustment Act of
5952     1983, Pub. L. No. 98-180, 97 Stat. 1128 (1150.152), is abolished, a producer who objects to
5953     payment of the assessment imposed under this section[,] may, by January 31, submit a written
5954     request to the commission for a refund of the amount of the assessment the producer paid
5955     during the previous year.
5956          Section 231. Section 4-22-202, which is renumbered from Section 4-22-8 is
5957     renumbered and amended to read:
5958          [4-22-8].      4-22-202. Revenue from assessment used to promote dairy industry
5959     -- Deposit of funds -- Annual audit of books, records, and accounts -- Annual financial
5960     report to producers.
5961          (1) The revenue derived from the assessment imposed by Section [4-22-7] 4-22-201
5962     shall be used exclusively for the:
5963          (a) administration of this chapter; and
5964          (b) promotion of the state's dairy industry.
5965          (2) (a) A voucher, receipt, or other written record for each withdrawal from the Utah

5966     Dairy Commission Fund shall be kept by the commission.
5967          (b) No funds shall be withdrawn from the fund except upon order of the commission.
5968          (3) The commission may deposit the proceeds of the assessment in one or more
5969     accounts in one or more banks approved by the state as depositories.
5970          (4) The books, records, and accounts of the commission's activities are public records.
5971          (5) (a) The accounts of the commission shall be audited once annually by a licensed
5972     accountant selected by the commission and approved by the state auditor.
5973          (b) The results of the audit shall be submitted to the:
5974          (i) commissioner;
5975          (ii) commission; and
5976          (iii) Division of Finance.
5977          (c) It is the responsibility of the commission to send annually a financial report to each
5978     producer.
5979          Section 232. Section 4-22-203, which is renumbered from Section 4-22-8.5 is
5980     renumbered and amended to read:
5981          [4-22-8.5].      4-22-203. Additional assessment for government liaison and
5982     industry relations programs -- Exemption from the assessment.
5983          (1) In addition to the assessment provided in Section [4-22-7] 4-22-201, an assessment
5984     of three-fourths of one cent is imposed upon each 100 pounds of milk or cream produced and
5985     sold, or contracted for sale, through commercial channels in this state for the purposes
5986     specified in Subsection (3).
5987          (2) The three-fourths of one cent assessment shall be paid in the same manner as the
5988     assessment required by Section [4-22-7] 4-22-201.
5989          (3) The commission shall use the revenue derived from the three-fourths of one cent
5990     assessment imposed by this section to contract out for services and expenses of government
5991     liaison and industry relations programs created to stabilize and protect the state's dairy industry
5992     and the health and welfare of the public.
5993          (4) A producer who objects to payment of the assessment imposed by this section may,

5994     by January 31, submit a written request to the commission to be exempted from payment of the
5995     assessment for that year. By January 1 each year, the commission shall send to each person
5996     subject to the assessment a postage-paid, self-addressed postcard [to each person subject to the
5997     assessment] which may be returned to request an exemption.
5998          Section 233. Section 4-22-301, which is renumbered from Section 4-22-9 is
5999     renumbered and amended to read:
6000     
Part 3. Liability and Enforcement

6001          [4-22-9].      4-22-301. State disclaimer of liability.
6002          The state is not liable for the acts or omissions of the commission, [its] commission
6003     officers, agents, or employees.
6004          Section 234. Section 4-22-302, which is renumbered from Section 4-22-9.5 is
6005     renumbered and amended to read:
6006          [4-22-9.5].      4-22-302. Commission not eligible for coverage under Risk
6007     Management Fund.
6008          The commission is not eligible to receive coverage under the Risk Management Fund
6009     created under Section 63A-4-201.
6010          Section 235. Section 4-22-303, which is renumbered from Section 4-22-10 is
6011     renumbered and amended to read:
6012          [4-22-10].      4-22-303. Enforcement -- Inspection of books and records of dealer
6013     or producer-handler.
6014          The commission at reasonable times may enter upon the premises and inspect the
6015     records of any dealer or producer-handler for the purpose of enforcing this chapter.
6016          Section 236. Section 4-23-101, which is renumbered from Section 4-23-1 is
6017     renumbered and amended to read:
6018     
CHAPTER 23. AGRICULTURAL AND WILDLIFE DAMAGE PREVENTION
ACT

6019          [4-23-1].      4-23-101. Title.
6020          This chapter [shall be] is known [and may be cited] as the "Agricultural and Wildlife
6021     Damage Prevention Act."

6022          Section 237. Section 4-23-102, which is renumbered from Section 4-23-2 is
6023     renumbered and amended to read:
6024          [4-23-2].      4-23-102. Purpose declaration.
6025          The Legislature finds and declares that it is important to the economy of the state to
6026     maintain agricultural production at [its] the highest possible level and at the same time, to
6027     promote, to protect, and preserve the wildlife resources of the state.
6028          Section 238. Section 4-23-103, which is renumbered from Section 4-23-3 is
6029     renumbered and amended to read:
6030          [4-23-3].      4-23-103. Definitions.
6031          As used in this chapter:
6032          (1) "Agricultural crops" means any product of cultivation;
6033          (2) "Board" means the Agricultural and Wildlife Damage Prevention Board;
6034          (3) "Bounty" means the monetary compensation paid to persons for the harvest of
6035     predatory or depredating animals;
6036          (4) "Damage" means any injury or loss to livestock, poultry, agricultural crops, or
6037     wildlife inflicted by predatory or depredating animals or depredating birds;
6038          (5) "Depredating animal" means a field mouse, gopher, ground squirrel, jack rabbit,
6039     raccoon, or prairie dog;
6040          (6) "Depredating bird" means a Brewer's blackbird or starling;
6041          (7) "Livestock" means cattle, horses, mules, sheep, goats, and swine;
6042          (8) "Predatory animal" means any coyote; and
6043          (9) "Wildlife" means any form of animal life generally living in a state of nature,
6044     except a predatory animal or a depredating animal or bird.
6045          Section 239. Section 4-23-104, which is renumbered from Section 4-23-4 is
6046     renumbered and amended to read:
6047          [4-23-4].      4-23-104. Agricultural and Wildlife Damage Prevention Board
6048     created -- Composition -- Appointment -- Terms -- Vacancies -- Compensation.
6049          (1) There is created an Agricultural and Wildlife Damage Prevention Board composed

6050     of the commissioner and the director of the Division of Wildlife Resources[,] who shall serve,
6051     respectively, as the board's chair and vice chair[,] together with seven other members appointed
6052     by the governor to four-year terms of office as follows:
6053          (a) one sheep producer representing wool growers of the state;
6054          (b) one cattle producer representing range cattle producers of the state;
6055          (c) one person from the United States Department of Agriculture;
6056          (d) one agricultural landowner representing agricultural landowners of the state;
6057          (e) one person representing wildlife interests in the state;
6058          (f) one person from the United States Forest Service; and
6059          (g) one person from the United States Bureau of Land Management.
6060          (2) Appointees' term of office shall commence June 1.
6061          (3) (a) Except as required by Subsection (3)(b), as terms of current board members
6062     expire, the governor shall appoint each new member or reappointed member to a four-year
6063     term.
6064          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
6065     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
6066     board members are staggered so that approximately half of the board is appointed every two
6067     years.
6068          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
6069     appointed for the unexpired term.
6070          (5) (a) Attendance of five members at a duly called meeting shall constitute a quorum
6071     for the transaction of official business.
6072          (b) The board shall convene at the times and places prescribed by the chair or vice
6073     chair.
6074          (6) A member may not receive compensation or benefits for the member's service, but
6075     may receive per diem and travel expenses in accordance with:
6076          (a) Section 63A-3-106;
6077          (b) Section 63A-3-107; and

6078          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
6079     63A-3-107.
6080          Section 240. Section 4-23-105, which is renumbered from Section 4-23-5 is
6081     renumbered and amended to read:
6082          [4-23-5].      4-23-105. Board responsibilities -- Damage prevention policy --
6083     Rules -- Methods to control predators and depredating birds and animals.
6084          (1) The board is responsible for the formulation of the agricultural and wildlife damage
6085     prevention policy of the state and [in conjunction with its responsibility] may, consistent with
6086     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, adopt rules to implement [its] the
6087     agricultural and wildlife damage prevention policy which shall be administered by the
6088     department.
6089          (2) In [its] the board's policy deliberations the board shall:
6090          (a) specify programs designed to prevent damage to livestock, poultry, and agricultural
6091     crops; and
6092          (b) specify methods for the prevention of damage and for the selective control of
6093     predators and depredating birds and animals including hunting, trapping, chemical toxicants,
6094     and the use of aircraft.
6095          (3) The board may also:
6096          (a) specify bounties on designated predatory animals and recommend procedures for
6097     the payment of bounty claims, recommend bounty districts, recommend persons not authorized
6098     to receive bounty, and recommend to the department other actions [it] the board's considers
6099     advisable for the enforcement of [its] the board's policies; and
6100          (b) cooperate with federal, state, and local governments, educational institutions, and
6101     private persons or organizations, through agreement or otherwise, to effectuate [its] the board's
6102     policies.
6103          Section 241. Section 4-23-106, which is renumbered from Section 4-23-6 is
6104     renumbered and amended to read:
6105          [4-23-6].      4-23-106. Department to issue licenses and permits -- Department to

6106     issue aircraft use permits -- Reports.
6107          (1) The department is responsible for the issuance of permits and licenses for the
6108     purposes of the federal Fish and Wildlife Act of 1956. [No]
6109          (2) (a) A state agency or private person [shall] may not use any aircraft for the
6110     prevention of damage without first obtaining a use permit from the department.
6111          (b) A state agency [which] that contemplates the use of aircraft for the protection of
6112     agricultural crops, livestock, poultry, or wildlife shall file an application with the department
6113     for an aircraft use permit to enable the agency to issue licenses to personnel within the agency
6114     charged with the responsibility to protect such resources. [Persons]
6115          (c) A person who [desire] desires to use privately owned aircraft for the protection of
6116     land, water, crops, wildlife, or livestock may not engage in any such protective activity without
6117     first obtaining an aircraft permit from the department.
6118          (d) Agencies and private persons [which] that obtain aircraft use permits shall file such
6119     reports with the department as it deems necessary in the administration of its licensing
6120     authority.
6121          Section 242. Section 4-23-107, which is renumbered from Section 4-23-7 is
6122     renumbered and amended to read:
6123          [4-23-7].      4-23-107. Annual fees on sheep, goats, cattle, and turkeys --
6124     Determination by board -- Collection methods.
6125          (1) To assist the department in meeting the annual expense of administering this
6126     chapter, the following annual predator control fees are imposed upon animals owned by
6127     persons whose interests this chapter is designed to protect:
6128     Sheep and goats (except on farm dairy
6129     goats or feeder lambs).....................................................................................
at least $.70 but not

6130     
more than $1 per head

6131     Cattle (except on farm dairy cattle)................................................................
at least $.15 but not

6132     
more than $.50 per head

6133     Turkeys (breeding stock only)........................................................................
at least $.05 but not


6134     
more than $.10 per head

6135          (2) The amount of the fees imposed upon each category of animals specified in this
6136     section shall be determined by the board annually on or before January 1 of each year.
6137          (3) (a) Fee brand inspected cattle are subject to a predator control fee upon change of
6138     ownership or slaughter.
6139          (b) The fee shall be collected by the local brand inspector at the time of the inspection
6140     of cattle, or withheld and paid by the market from proceeds derived from the sale of the cattle.
6141          (c) Cattle that are fee brand inspected prior to confinement to a feedlot are not subject
6142     to any subsequent predator control fee.
6143          (4) (a) Fleece of sheared sheep is subject to a predator control fee upon sale of the
6144     fleece.
6145          (b) (i) The fee shall be withheld and paid by the marketing agency or purchaser of wool
6146     from proceeds derived from the sale of the fleece.
6147          (ii) The department shall enter into cooperative agreements with in-state and
6148     out-of-state wool warehouses and wool processing facilities for the collection of predator
6149     control fees on the fleece of sheep that graze on private or public range in the state.
6150          (c) The fee shall be based on the number of pounds of wool divided by 10 pounds for
6151     white face sheep and five pounds for black face sheep.
6152          (5) Predator control fees on turkey breeding stock shall be paid by the turkey
6153     cooperative.
6154          (6) (a) Livestock owners shall pay a predator control fee on any livestock that uses
6155     public or private range in the state which is not otherwise subject to the fee under Subsection
6156     (3) or (4).
6157          (b) By January 1, the commissioner shall mail to each owner of livestock specified in
6158     Subsection (6)(a) a reporting form requiring sufficient information on the type and number of
6159     livestock grazed in the state and indicating the fee imposed for each category of livestock.
6160          (c) Each owner shall file the completed form and the appropriate fee with the
6161     commissioner before April 1.

6162          (d) If any person who receives the reporting form fails to return the completed form
6163     and the imposed fee as required, the commissioner is authorized to commence suit through the
6164     office of the attorney general, in a court of competent jurisdiction, to collect the imposed fee,
6165     the amount of which shall be as determined by the commissioner.
6166          (7) All fees collected under this section shall be remitted to the department and
6167     deposited in the Agricultural and Wildlife Damage Prevention Account.
6168          Section 243. Section 4-23-108, which is renumbered from Section 4-23-7.5 is
6169     renumbered and amended to read:
6170          [4-23-7.5].      4-23-108. Agricultural and Wildlife Damage Prevention Account.
6171          (1) There is created in the General Fund a restricted account known as the Agricultural
6172     and Wildlife Damage Prevention Account.
6173          (2) Money received under Section [4-23-7] 4-23-107 shall be deposited by the
6174     commissioner [of agriculture and food in] into the Agricultural and Wildlife Damage
6175     Prevention Account to be appropriated for the purposes provided in this chapter.
6176          (3) Any supplemental contributions received by the department from livestock owners
6177     for predator control programs shall be deposited into the Agricultural and Wildlife Damage
6178     Prevention Account.
6179          Section 244. Section 4-23-109, which is renumbered from Section 4-23-8 is
6180     renumbered and amended to read:
6181          [4-23-8].      4-23-109. Proceeds of sheep fee -- Refund of sheep fees -- Annual
6182     audit of books, records, and accounts.
6183          (1) (a) Subject to the other provisions of this Subsection (1), the commissioner may
6184     spend an amount each year from the proceeds collected from the fee imposed on sheep for the
6185     promotion, advancement, and protection of the sheep interests of the state.
6186          (b) The amount described in Subsection (1)(a) shall be the equivalent to an amount
6187     that:
6188          (i) equals or exceeds 18 cents per head; and
6189          (ii) equals or is less than 25 cents per head.

6190          (c) The commissioner shall set the amount described in Subsection (1)(a):
6191          (i) on or before January 1 of each year; and
6192          (ii) in consultation with one or more statewide organizations that represent persons
6193     who grow wool.
6194          (d) A sheep fee is refundable in an amount equal to that part of the fee used to promote,
6195     advance, or protect sheep interests.
6196          (e) A refund claim shall be filed with the department on or before January 1 of the year
6197     immediately succeeding the year for which the fee was paid.
6198          (f) A refund claim shall be certified by the department to the state treasurer for
6199     payment from the Agricultural and Wildlife Damage Prevention Account created in Section
6200     [4-23-7.5] 4-23-108.
6201          (2) Any expense incurred by the department in administering refunds shall be paid
6202     from funds allocated for the promotion, advancement, and protection of the sheep interests of
6203     the state.
6204          (3) (a) The books, records, and accounts of the Utah Woolgrowers Association, or any
6205     other organization which receives funds from the agricultural and wildlife damage prevention
6206     account, for the purpose of promoting, advancing, or protecting the sheep interests of the state,
6207     shall be audited at least once annually by a licensed accountant.
6208          (b) The results of this audit shall be submitted to the commissioner.
6209          Section 245. Section 4-23-110, which is renumbered from Section 4-23-10 is
6210     renumbered and amended to read:
6211          [4-23-10].      4-23-110. Applicability of chapter.
6212          This chapter, unless contrary to a federal statute, shall apply to all federal, state, and
6213     private lands.
6214          Section 246. Section 4-23-111, which is renumbered from Section 4-23-11 is
6215     renumbered and amended to read:
6216          [4-23-11].      4-23-111. Holding a raccoon or coyote in captivity prohibited --
6217     Penalty.

6218          (1) No person may hold in captivity a raccoon or coyote, except as provided by rules of
6219     the Agricultural and Wildlife Damage Prevention Board.
6220          (2) The Division of Wildlife Resources, with the cooperation of the [Department of
6221     Agriculture and Food] department and the Department of Health, shall enforce this section.
6222          (3) Any violation of this section is a class B misdemeanor.
6223          [(4) This section does not prohibit a person from continuing to keep a raccoon or
6224     coyote that he owns as of the effective date of this act.]
6225          Section 247. Section 4-24-101, which is renumbered from Section 4-24-1 is
6226     renumbered and amended to read:
6227     
CHAPTER 24. UTAH LIVESTOCK BRAND AND ANTI-THEFT ACT

6228     
Part 1. Administration and Board

6229          [4-24-1].      4-24-101. Title.
6230          This chapter [shall be known and may be cited] is known as the "Utah Livestock Brand
6231     and Anti-Theft Act."
6232          Section 248. Section 4-24-102, which is renumbered from Section 4-24-2 is
6233     renumbered and amended to read:
6234          [4-24-2].      4-24-102. Definitions.
6235          As used in this chapter:
6236          (1) "Brand" means any identifiable mark applied to livestock which is intended to show
6237     ownership.
6238          (2) "Carcass" means any part of the body of an animal, including [hides,] entrails[,] and
6239     edible meats.
6240          (3) "Domesticated elk" [shall have the meaning as] means the same as that term is
6241     defined in Section 4-39-102.
6242          (4) "Hide" means any skins or wool removed from livestock.
6243          (5) "Livestock" means cattle, calves, horses, mules, sheep, goats, hogs, or domesticated
6244     elk.
6245          (6) (a) "Livestock market" means a public market place consisting of pens or other

6246     enclosures where cattle, calves, horses, or mules are received on consignment and kept for
6247     subsequent sale, either through public auction or private sale.
6248          (b) "Livestock market" does not mean:
6249          (i) a place used solely for liquidation of livestock by a farmer, dairyman, livestock
6250     breeder, or feeder who is going out of business; or
6251          (ii) a place where an association of livestock breeders under [its] the association's own
6252     management, offers registered livestock or breeding sires for sale and assumes all
6253     responsibility for the sale, guarantees title to the livestock or sires sold, and arranges with the
6254     department for brand inspection of all animals sold.
6255          (7) "Mark" means any [dulap, waddle, or] cutting and shaping of the ears or brisket
6256     area of livestock which is intended to show ownership.
6257          (8) "Open range" means land upon which cattle, sheep, or other domestic animals are
6258     grazed or permitted to roam by custom, license, lease, or permit.
6259          [(8)] (9) "Slaughterhouse" means any building, plant, or establishment where animals
6260     are [killed] harvested, dressed, or processed and their meat or meat products [offered for sale]
6261     produced for human consumption.
6262          Section 249. Section 4-24-103, which is renumbered from Section 4-24-3 is
6263     renumbered and amended to read:
6264          [4-24-3].      4-24-103. Department authorized to make and enforce rules.
6265          The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
6266     Rulemaking Act, to make and enforce [such] rules as [in its judgment are] necessary to
6267     administer and enforce this chapter.
6268          Section 250. Section 4-24-104, which is renumbered from Section 4-24-4 is
6269     renumbered and amended to read:
6270          [4-24-4].      4-24-104. Livestock Brand Board created -- Composition -- Terms
6271     -- Removal -- Quorum for transaction of business -- Compensation -- Duties.
6272          (1) There is created the Livestock Brand Board consisting of seven members appointed
6273     by the governor as follows:

6274          (a) four cattle ranchers recommended by the Utah Cattlemen's Association, one of
6275     whom shall be a feeder operator;
6276          (b) one dairyman recommended by the Utah Dairymen's Association;
6277          (c) one livestock market operator recommended jointly by the Utah Cattlemen's
6278     Association and the Utah Dairymen's Association and the Livestock Market Association; and
6279          (d) one horse breeder recommended by the Utah Horse Council.
6280          (2) If a nominee is rejected by the governor, the recommending association shall
6281     submit another nominee.
6282          (3) (a) Except as required by Subsection (3)(b), as terms of current board members
6283     expire, the governor shall appoint each new member or reappointed member to a four-year
6284     term.
6285          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
6286     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
6287     board members are staggered so that approximately half of the board is appointed every two
6288     years.
6289          (4) (a) A member may, at the discretion of the governor, be removed at the request of
6290     the association that recommended the appointment.
6291          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
6292     appointed for the unexpired term.
6293          (5) One member elected by the board shall serve as chair for a term of one year and be
6294     responsible for the call and conduct of meetings of the Livestock Brand Board. Attendance of
6295     a simple majority of the members at a duly called meeting shall constitute a quorum for the
6296     transaction of official business.
6297          (6) A member may not receive compensation or benefits for the member's service, but
6298     may receive per diem and travel expenses in accordance with:
6299          (a) Section 63A-3-106;
6300          (b) Section 63A-3-107; and
6301          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and

6302     63A-3-107.
6303          (7) The Livestock Brand Board with the cooperation of the department shall direct the
6304     procedures and policies to be followed in administering and enforcing this chapter.
6305          Section 251. Section 4-24-105, which is renumbered from Section 4-24-30 is
6306     renumbered and amended to read:
6307          [4-24-30].      4-24-105. Commission to appoint supervisor for brand inspection --
6308     Appointment subject to approval -- Salary.
6309          (1) The commissioner shall appoint a state supervisor for livestock brand inspection,
6310     [but such appointment is] subject to the approval of the Livestock Brand Board.
6311          (2) The salary or compensation of the supervisor shall be fixed in accordance with
6312     standards adopted by the Division of Finance.
6313          Section 252. Section 4-24-201, which is renumbered from Section 4-24-5 is
6314     renumbered and amended to read:
6315     
Part 2. Brand and Marks

6316          [4-24-5].      4-24-201. Central Brand and Mark Registry -- Division of state into
6317     mark districts -- Identical or confusingly similar brands -- Publication of registered
6318     brands and marks.
6319          (1) The department shall maintain a central Brand and Mark Registry which shall list
6320     each brand or mark recorded in this state. For each brand or mark registered the list shall
6321     specify:
6322          (a) the name and address of the registrant;
6323          (b) a facsimile of the brand recorded or a diagram showing the kind of mark recorded;
6324          (c) the location of the brand or mark upon the animal; and
6325          (d) the date the brand or mark is filed in the registry.
6326          (2) The commissioner may divide the state into districts for the purpose of recording
6327     marks but no mark [which in the opinion of the commissioner] that is identical or confusingly
6328     similar to a mark previously recorded in a district shall be recorded.
6329          (3) (a) No brand [which in the opinion of the commissioner] that is identical or

6330     confusingly similar to a brand previously filed in the central brand and mark registry shall be
6331     recorded.
6332          (b) If [it appears that two or more] two or more brands or marks appear identical or
6333     confusingly similar [brands or marks have been recorded,]:
6334          (i) the brand or mark first recorded shall prevail over a later conflicting brand or mark;
6335     [in which event,] and
6336          (ii) the later brand or mark shall be cancelled and all recording fees refunded to the
6337     owner.
6338          (4) (a) The commissioner shall publish from time to time a list of all brands and marks
6339     recorded in the central Brand and Mark Registry and may issue supplements to such
6340     publication containing additional brands and marks or changes in ownership of brands and
6341     marks recorded after the last publication.
6342          (b) The brand book shall contain a facsimile of all brands and marks recorded together
6343     with the owner's name and address.
6344          (c) The commissioner shall send one copy of the brand book and each supplement to
6345     each brand inspector, county clerk, county sheriff, livestock organization, and any other person
6346     deemed appropriate.
6347          (d) Brand books and supplements shall be available to the public at the cost of printing
6348     and distribution per book or supplement.
6349          Section 253. Section 4-24-202, which is renumbered from Section 4-24-7 is
6350     renumbered and amended to read:
6351          [4-24-7].      4-24-202. Recordation of brand or mark.
6352          (1) (a) Application for a recorded brand or mark shall be made to the department upon
6353     forms prescribed and furnished by [it] the department.
6354          (b) The application shall contain such information as the commissioner prescribes.
6355          (c) No application shall be approved without payment of the appropriate recording fee.
6356          (d) Upon receipt of a proper application, payment of the recording fee, and recordation
6357     of the brand or mark in the central Brand or Mark Registry of the department, the

6358     commissioner shall issue the applicant a certified copy of recording [which] that entitles the
6359     applicant to the exclusive use of the brand or mark recorded.
6360          (2) (a) Each recorded brand or mark filed with the central Brand and Mark Registry
6361     shall expire during the calendar year 1980, and during each fifth year thereafter.
6362          (b) The department shall give notice in writing to all persons who are owners of
6363     recorded brands and marks within a reasonable time prior to the date of expiration of
6364     recordation.
6365          (c) Brand or mark renewal is effected by filing an appropriate application with the
6366     department together with payment of the renewal fee.
6367          (d) A recorded brand or mark, not timely renewed, shall lapse and be removed from the
6368     central Brand and Mark Registry.
6369          Section 254. Section 4-24-203, which is renumbered from Section 4-24-8 is
6370     renumbered and amended to read:
6371          [4-24-8].      4-24-203. Fees for recordation, transfer, renewal, and certified
6372     copies of brands and marks.
6373          (1) The department, with the approval of the Livestock Brand Board, shall charge and
6374     collect fees for the recordation, transfer, and renewal of any brand or mark in each position, and
6375     may charge a fee for a certified copy of the recordation.
6376          (2) The fees shall be determined by the department pursuant to Subsection [4-2-2]
6377     4-2-103(2).
6378          Section 255. Section 4-24-204, which is renumbered from Section 4-24-9 is
6379     renumbered and amended to read:
6380          [4-24-9].      4-24-204. Effect of recorded brand or mark -- Transfer --
6381     Reservation of certain brands.
6382          [The] (1) Except as provided in Subsection (2), the owner of a recorded brand or mark
6383     has a vested property right in [it which] the brand or mark that is transferable by a duly
6384     acknowledged instrument[;], provided[,] that a transferee has no rights in the brand or mark
6385     until the instrument of transfer is recorded with the department. [No]

6386          (2) Notwithstanding any other provision of this chapter:
6387          (a) no person [however,] other than a member of the Ute Indian Tribe has any vested
6388     property right in the brand "ID" which is reserved exclusively for use by members of the Ute
6389     Indian Tribe on the Uintah and Ouray Reservation; and
6390          (b) no person other than a member of the Navajo Indian Tribe has any vested right in
6391     the brand "- N" (Bar N) which is reserved exclusively for use by members of the Navajo Indian
6392     Tribe on the Navajo Indian Reservation [so] as long as it appears on the left shoulder of the
6393     animal branded.
6394          (3) The left jaw of cattle is reserved exclusively for use by the department to identify
6395     diseased cattle.
6396          Section 256. Section 4-24-205, which is renumbered from Section 4-24-10 is
6397     renumbered and amended to read:
6398          [4-24-10].      4-24-205. Livestock on open range or outside enclosure to be
6399     marked or branded -- Cattle upon transfer of ownership to be marked or branded --
6400     Exceptions.
6401          (1) (a) Except as provided in Subsections (1)(b) and (c), no livestock shall forage upon
6402     an open range in this state or outside an enclosure unless they bear a brand or mark recorded in
6403     accordance with this chapter.
6404          (b) Swine, goats, and unweaned calves or colts are not required to bear a brand or mark
6405     to forage upon open range or outside an enclosure.
6406          (c) Domesticated elk may not forage upon open range or outside an enclosure under
6407     any circumstances as provided in Chapter 39, Domesticated Elk Act.
6408          (2) (a) Except as provided in Subsection (2)(b), all cattle, upon sale or other transfer of
6409     ownership, shall be branded or marked with the recorded brand or mark of the new owner
6410     within 30 days after transfer of ownership.
6411          (b) No branding or marking, upon change of ownership, is required within the 30-day
6412     period for:
6413          (i) unweaned calves;

6414          (ii) registered or certified cattle;
6415          (iii) youth project calves, if the number transferred is less than five; or
6416          (iv) dairy cattle held on farms.
6417          Section 257. Section 4-24-301, which is renumbered from Section 4-24-6 is
6418     renumbered and amended to read:
6419     
Part 3. Inspections

6420          [4-24-6].      4-24-301. State may be divided into brand inspection districts --
6421     Description filed with county clerk and sheriff.
6422          (1) The commissioner, to facilitate and improve brand inspection, may divide the state
6423     into brand inspection districts.
6424          (2) A description covering each district shall be filed by the department with each
6425     county clerk and county sheriff in the state.
6426          (3) District boundaries may be changed as considered necessary by the commissioner,
6427     with the approval of the Livestock Brand Board.
6428          (4) Brand inspection stations within brand inspection districts may be located and
6429     established by the commissioner to assist in the enforcement of this chapter.
6430          Section 258. Section 4-24-302, which is renumbered from Section 4-24-11 is
6431     renumbered and amended to read:
6432          [4-24-11].      4-24-302. Certificate of brand inspection necessary to carry out
6433     change of ownership -- Exception.
6434          (1) Except as provided in Subsection (2), the ownership of cattle, horses, domesticated
6435     elk, or mules may not be transferred to any other person, through sale or otherwise, without a
6436     certificate of brand inspection issued by a department brand inspector.
6437          (2) (a) A brand inspection is not required to transfer ownership of dairy calves from the
6438     farm of origin under 60 days of age.
6439          (b) Any person who transports dairy calves that have not been brand inspected pursuant
6440     to Subsection (2)(a) shall be required to show a sales invoice upon request.
6441          Section 259. Section 4-24-303, which is renumbered from Section 4-24-12 is

6442     renumbered and amended to read:
6443          [4-24-12].      4-24-303. Livestock -- Verification of ownership through brand
6444     inspection -- Issuance of certificate of brand inspection -- Brand inspector may demand
6445     evidence of ownership -- Brand inspection of livestock seized by the federal government
6446     prohibited -- Exception.
6447          (1) A brand inspector, as an agent of the department, shall verify livestock ownership
6448     by conducting a brand inspection during daylight hours.
6449          (2) After conducting the brand inspection, the brand inspector, if satisfied that the
6450     livestock subject to inspection bears registered brands or marks owned by the owner of the
6451     livestock, shall issue a brand inspection certificate to the owner or owner's agent.
6452          (3) The brand inspector shall record the number, sex, breed, and brand or mark on each
6453     animal inspected together with the owner's name.
6454          (4) If any livestock subject to inspection bears a brand or mark other than that of the
6455     owner, or[,] if no brand or mark appears on such livestock, the brand inspector may demand
6456     evidence of ownership [such as a bill of sale or other evidence of ownership] before issuing a
6457     brand inspection certificate.
6458          (5) A brand inspector may not issue a brand inspection certificate for any privately
6459     owned livestock seized by the federal government unless:
6460          (a) the brand inspector receives consent from the livestock's owner;
6461          (b) the owner is unknown; or
6462          (c) the brand inspector receives a copy of a court order authorizing the seizure.
6463          Section 260. Section 4-24-304, which is renumbered from Section 4-24-13 is
6464     renumbered and amended to read:
6465          [4-24-13].      4-24-304. Brand inspection required before slaughter -- Exceptions.
6466          (1) Except as provided in Subsection (2), a brand inspection is required before any
6467     cattle, calves, horses, domesticated elk, or mules are slaughtered.
6468          (2) A person may slaughter cattle, calves, horses, or mules for that person's own use
6469     without a brand inspection if the requirements of [Subsection 4-32-4(2)] Section 4-32-106 are

6470     met.
6471          Section 261. Section 4-24-305, which is renumbered from Section 4-24-14 is
6472     renumbered and amended to read:
6473          [4-24-14].      4-24-305. Transportation by air or rail -- Brand inspection required
6474     -- Application for brand inspection -- Time and place of inspection.
6475          (1) Except as provided in Subsection (2), no person may offer, or railroad or airline
6476     company accept, any cattle, calves, horses, domesticated elk, or mules for transport until they
6477     have been brand inspected.
6478          (2) Before cattle, calves, horses, domesticated elk, or mules are transported by rail or
6479     air, the shipper shall:
6480          (a) request the department to inspect the brands and marks of the animals being
6481     transported; and
6482          (b) specify the time and place where the animals may be inspected.
6483          [(3) Cattle, calves, horses, domesticated elk, or mules transported by rail or air shall be
6484     brand inspected:]
6485          [(a) at a stockyard or at the initial point of shipment; or]
6486          [(b) if approved by the department, at a point or station along the transportation route.]
6487          [(4) The department shall conduct the inspection at the time and place specified by the
6488     shipper or at any other time and place as determined by the department.]
6489          Section 262. Section 4-24-306, which is renumbered from Section 4-24-15 is
6490     renumbered and amended to read:
6491          [4-24-15].      4-24-306. Movement across state line -- Brand inspection required
6492     -- Exception -- Request for brand inspection -- Time and place of inspection.
6493          (1) Except as provided in Subsection (2), a person may not drive or transport any cattle,
6494     calves, horses, domesticated elk, or mules from any place within this state to a place outside
6495     this state until they have been brand inspected.
6496          (2) Subsection (1) does not apply if the animals specified in Subsection (1) customarily
6497     forage on an open range which transgresses the Utah state line and that of an adjoining state.

6498          (3) The owner or person responsible for driving or transporting the animals shall[: (a)]
6499     request the department to inspect the brands and marks of the animals to be moved[; and].
6500          [(b) specify the time and place where the animals may be inspected.]
6501          (4) The department shall conduct the inspection at the time and place [specified by the
6502     owner or responsible person or at any other time and place as] determined by the department.
6503          Section 263. Section 4-24-307, which is renumbered from Section 4-24-17 is
6504     renumbered and amended to read:
6505          [4-24-17].      4-24-307. Transportation of sheep, cattle, domesticated elk, horses,
6506     or mules -- Brand certificate or other evidence of ownership required -- Transit permit --
6507     Contents.
6508          (1) No person may transport any sheep, cattle, horses, domesticated elk, or mules
6509     without having an official state brand certificate or other proof of ownership in his possession.
6510          (2) Each person transporting livestock for another person shall have a transit permit
6511     signed by the owner or the owner's authorized agent specifying the:
6512          (a) name of the person driving the vehicle;
6513          (b) date of transportation;
6514          (c) place of origin or loading;
6515          (d) destination;
6516          (e) date of issuance; [and]
6517          (f) number of animals being transported[.]; and
6518          (g) full description of an animal being transported.
6519          Section 264. Section 4-24-308, which is renumbered from Section 4-24-21 is
6520     renumbered and amended to read:
6521          [4-24-21].      4-24-308. Brand inspection fees.
6522          (1) The department with the approval of the Livestock Brand Board may set and collect
6523     a fee for the issuance of any certificate of brand inspection.
6524          (2) Brand inspection fees incurred for the inspection of such animals at a livestock
6525     market may be withheld by the market and paid from the proceeds derived from their sale.

6526          (3) The fee shall be determined by the department pursuant to Subsection [4-2-2]
6527     4-2-103(2).
6528          Section 265. Section 4-24-309, which is renumbered from Section 4-24-16.3 is
6529     renumbered and amended to read:
6530          [4-24-16.3].      4-24-309. Livestock emergency.
6531          (1) As used in this section, "livestock emergency" means:
6532          (a) the presence of a contagious, infectious, or transmissible disease risk to livestock;
6533     or
6534          (b) a natural disaster which may affect livestock.
6535          (2) During a livestock emergency, the department may require a person transporting
6536     livestock to present the livestock for brand inspection.
6537          Section 266. Section 4-24-401, which is renumbered from Section 4-24-18 is
6538     renumbered and amended to read:
6539     
Part 4. Sale, Transfer, and Travel

6540          [4-24-18].      4-24-401. Hides and pelts -- Bill of sale to accompany purchase --
6541     Purchaser to maintain records -- Hides and records examination and inspection.
6542          (1) (a) Any person who buys a hide or pelt shall secure a bill of sale from the seller.
6543          (b) The bill of sale shall be executed in duplicate[;] with one copy being retained by the
6544     seller and the other by the buyer.
6545          (c) The bill of sale shall specify the number of hides or pelts sold and the brand or
6546     mark borne by each hide [and] or pelt.
6547          (2) (a) Each hide buyer within this state shall maintain a record specifying the name
6548     and address of the seller, date of purchase, and the brands or other identification found on the
6549     hides and pelts purchased.
6550          (b) The hides and records of any hide buyer are subject to examination and inspection
6551     by the department at reasonable times and places.
6552          Section 267. Section 4-24-402, which is renumbered from Section 4-24-19 is
6553     renumbered and amended to read:

6554          [4-24-19].      4-24-402. Livestock markets -- Records to be maintained --
6555     Retention of records -- Schedule of fees and charges to be posted.
6556          (1) Each owner or operator of a livestock market shall keep a record of:
6557          (a) the date each consignment of livestock is received for sale together with the number
6558     of each type of livestock within such consignment;
6559          (b) the name and address of each buyer;
6560          (c) the date of sale and the number and species of livestock purchased by each buyer;
6561     and
6562          (d) the description and brand or mark appearing on each animal at the time of sale to
6563     the buyer.
6564          (2) The records mandated by this section shall be retained for a period of two years
6565     from the date on which the livestock market sold the livestock.
6566          (3) A schedule of all fees and commission rates charged by the livestock market shall
6567     be posted in a conspicuous place on the premises of each market.
6568          (4) A statement of the gross sales price, commission, and other fees charged for the
6569     sale of each consignment shall be available for inspection by the department, and a copy
6570     furnished the owner or consignor of the livestock.
6571          Section 268. Section 4-24-403, which is renumbered from Section 4-24-31 is
6572     renumbered and amended to read:
6573          [4-24-31].      4-24-403. Websites promoting the sale of livestock.
6574          (1) A website, created and maintained within the state, that markets the sale of
6575     livestock shall have the following statement clearly visible on each web page that displays
6576     advertised livestock: "Legality of Sales and Purchase, Health Laws. If you sell or purchase
6577     livestock on this site, you shall comply with all applicable legal requirements governing the
6578     transfer and shipment of livestock, including [Utah Code] Title 4, Chapter 24, Utah Livestock
6579     Brand and Anti-Theft Act, and Title 4, Chapter 31, Control of Animal Disease. Please contact
6580     the Utah Department of Agriculture and Food at 801-538-7137 with any questions."
6581          (2) A person who violates this section shall be subject to the penalties described in

6582     Section [4-24-32] 4-24-506.
6583          Section 269. Section 4-24-404, which is renumbered from Section 4-24-20 is
6584     renumbered and amended to read:
6585          [4-24-20].      4-24-404. Livestock sold at market to be brand inspected --
6586     Proceeds of sale may be withheld -- Distribution of withheld proceeds -- Effect of receipt
6587     of proceeds by department -- Deposit of proceeds -- Use of proceeds if ownership not
6588     established.
6589          (1) (a) Livestock may not be sold at any livestock market until after they have been
6590     brand inspected by the department. [Title]
6591          (b) The livestock market shall furnish to the buyer title to purchased livestock [shall be
6592     furnished to the buyer by the livestock market].
6593          (2) (a) Upon notice from the department that a question exists concerning the
6594     ownership of consigned livestock, the operator of the livestock market or meat packing plant
6595     shall withhold the proceeds from the sale of the livestock for 60 days to allow the consignor of
6596     the questioned livestock to establish ownership.
6597          (b) If the owner or consignor fails within 60 days to establish ownership to the
6598     satisfaction of the department, the proceeds of the sale shall be transmitted to the department.
6599          (c) Receipt of the proceeds by the department shall relieve the livestock market or meat
6600     packing plant from further responsibility for the proceeds.
6601          (3) (a) Proceeds withheld under Subsection (2) shall be deposited [in] into the Utah
6602     Livestock Brand and Anti-Theft Account created in Section [4-24-24] 4-24-501.
6603          (b) If ownership is not satisfactorily established within one year, the department shall
6604     use the proceeds for animal identification.
6605          Section 270. Section 4-24-405, which is renumbered from Section 4-24-22 is
6606     renumbered and amended to read:
6607          [4-24-22].      4-24-405. Travel permit in lieu of brand inspection certificate --
6608     Fees -- Permit to accompany animal.
6609          (1) The department may issue a permit upon the payment of a fee determined by the

6610     department pursuant to Subsection [4-2-2] 4-2-103(2), in lieu of a certificate of brand
6611     inspection, for the transport of any show horse, show mule, or show cattle [within or]
6612     transported from any place within this state to a place outside the state.
6613          (2) The words "travel permit" shall be stamped or printed on the permit.
6614          (3) A permit:
6615          (a) shall accompany each show animal while [it] the show animal is in transit and shall
6616     identify the animal to which [it] the permit applies by age, sex, color, brand, mark, and scars[.
6617     A travel permit]; and
6618          (b) is valid for the calendar year of the date of issuance, which date shall appear on the
6619     permit.
6620          Section 271. Section 4-24-406, which is renumbered from Section 4-24-23 is
6621     renumbered and amended to read:
6622          [4-24-23].      4-24-406. Lifetime permit in lieu of brand inspection certificate --
6623     Fees -- Permit to accompany animal -- Transfer.
6624          (1) The department may issue a "lifetime" permit upon the payment of a fee determined
6625     by the department pursuant to Subsection [4-2-2] 4-2-103(2), in lieu of a certificate of brand
6626     inspection, for the transport of any horse or mule within or outside the state.
6627          (2) The words "lifetime travel permit" shall be stamped or printed on the permit. The
6628     permit shall accompany each horse or mule while it is in transit and shall identify the animal to
6629     which it applies by age, sex, color, brand, and scars.
6630          (3) A lifetime transportation permit is valid for as long as the horse or mule to which it
6631     applies continues to be owned by the person to whom the permit is issued.
6632          (4) A lifetime permit is transferable to a person within this state upon the transfer of
6633     ownership of such an animal, upon application for transfer and the payment of a permit transfer
6634     fee to the department in an amount determined by the department pursuant to Subsection
6635     [4-2-2] 4-2-103(2).
6636          Section 272. Section 4-24-501, which is renumbered from Section 4-24-24 is
6637     renumbered and amended to read:

6638     
Part 5. Unlawful Acts and Penalties

6639          [4-24-24].      4-24-501. Utah Livestock Brand and Anti-Theft Account created --
6640     Deposit of fees -- Purpose of expenditures.
6641          (1) There is created within the General Fund a restricted account known as the Utah
6642     Livestock Brand and Anti-Theft Account.
6643          (2) The following money shall be deposited into the Utah Livestock Brand and
6644     Anti-Theft Account:
6645          (a) money received by the department under any provision of this chapter; and
6646          (b) money received by the department under any provision of Title 4, Chapter 39,
6647     Domesticated Elk Act.
6648          (3) Money in the Utah Livestock Brand and Anti-Theft Account shall be used for the
6649     administration of this chapter and of Title 4, Chapter 39, Domesticated Elk Act.
6650          Section 273. Section 4-24-502, which is renumbered from Section 4-24-25 is
6651     renumbered and amended to read:
6652          [4-24-25].      4-24-502. Unlawful acts specified -- Allegation concerning evidence
6653     of ownership relative to hides.
6654          (1) It is unlawful for any person to:
6655          (a) permit any cattle, calves, horses, mules, or sheep, except unweaned calves or colts,
6656     that are not branded or marked in accordance with this chapter, to forage upon an open range in
6657     this state or outside an enclosure;
6658          (b) brand or mark any livestock with a brand or mark which is not a matter of record on
6659     the central brand and mark registry;
6660          (c) obliterate, change, or remove a recorded brand or mark; or
6661          (d) destroy, mutilate, or conceal any hide with intent to, or for the purpose of, removing
6662     evidence of ownership of the hide, or ownership of the animal from which the hide was
6663     removed.
6664          (2) In any prosecution for violation of this section, the state need not allege the
6665     ownership of the hide, or the animal or carcass from which the hide was removed; the

6666     complaint or information being sufficient if it alleges that ownership is unknown and that the
6667     hide is not the property of the defendant.
6668          Section 274. Section 4-24-503, which is renumbered from Section 4-24-26 is
6669     renumbered and amended to read:
6670          [4-24-26].      4-24-503. Use of vehicle to transport stolen livestock prohibited --
6671     Vehicle subject to seizure and sale -- Procedure for sale -- Defense.
6672          (1) (a) No person shall use any vehicle for the transportation of stolen livestock or
6673     carcasses. [Any]
6674          (b) A vehicle used in transporting stolen livestock or carcasses is subject to seizure and
6675     public sale by the sheriff of the county where [it] the vehicle is found[. No sale shall be made,
6676     however, until], after written notice of the proposed sale is served upon the person in whose
6677     custody the vehicle is found. [Such]
6678          (2) A person who receives the notice described in Subsection (1)(b) has 10 days after
6679     service of the notice of proposed sale to respond to the notice, in which event[,] no sale shall be
6680     conducted until after the issue of ownership or any other issues are litigated in a court of
6681     competent jurisdiction.
6682          (3) A stolen vehicle used for unlawful transportation is not subject to seizure and sale
6683     if the owner of the vehicle is not acting in concert with the thief.
6684          Section 275. Section 4-24-504, which is renumbered from Section 4-24-28 is
6685     renumbered and amended to read:
6686          [4-24-28].      4-24-504. Enforcement -- Brand inspector's powers delineated.
6687          (1) A brand inspector is empowered with the authority of a special function officer for
6688     the purpose of enforcing this chapter and such an inspector may, if [deemed] proper, stop any
6689     vehicle carrying livestock or livestock carcasses for the purpose of examining brands, marks,
6690     certificates of brand inspection, and bills of lading or bills of sale relating to the livestock in
6691     transit.
6692          (2) (a) Brand inspectors may enter any premises where livestock are kept or maintained
6693     for the purpose of examining brands or marks.

6694          (b) If admittance is refused, the department may proceed immediately to obtain an ex
6695     parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises
6696     for the purpose of examining brands or marks or other evidence of ownership.
6697          Section 276. Section 4-24-505, which is renumbered from Section 4-24-29 is
6698     renumbered and amended to read:
6699          [4-24-29].      4-24-505. Commissioner authorized to cooperate with local
6700     governments, other states, or federal government in enforcement.
6701          The commissioner is empowered with authority, if [deemed] necessary, to cooperate or
6702     enter into cooperative agreements with authorities in any city, town, or county within the state,
6703     or with federal authorities, or with authorities in another state for the purpose of securing
6704     assistance in the administration and enforcement of this chapter.
6705          Section 277. Section 4-24-506, which is renumbered from Section 4-24-32 is
6706     renumbered and amended to read:
6707          [4-24-32].      4-24-506. Penalties.
6708          A person who violates a provision of this chapter:
6709          (1) is guilty of a class B misdemeanor; and
6710          (2) may be subject to administrative fines, payable to the department, of up to $1,000
6711     per violation.
6712          Section 278. Section 4-25-101 is enacted to read:
6713     
CHAPTER 25. ESTRAYS

6714     
Part 1. Organization

6715          4-25-101. Title.
6716          This chapter is known as "Estrays."
6717          Section 279. Section 4-25-102, which is renumbered from Section 4-25-1 is
6718     renumbered and amended to read:
6719          [4-25-1].      4-25-102. Definitions.
6720          For the purpose of this chapter:
6721          (1) (a) "Estray" means:

6722          (i) an unbranded sheep, cow, horse, mule, or ass[, or domestic mink] found running at
6723     large;
6724          (ii) a branded sheep, cow, horse, mule, or ass[, or domestic mink] found running at
6725     large whose owner cannot be found after reasonable search; or
6726          (iii) a swine found running at large whose owner cannot be found after reasonable
6727     search.
6728          (b) "Estray" does not mean any unweaned animal specified in this section that is
6729     running with its mother.
6730          (2) "Feral swine" means any species, or hybrid species:
6731          (a) of the family Suidae, including the European boar, the Eurasian boar, the Russian
6732     boar, a feral hog, or a domestic pig;
6733          (b) that is not conspicuously identified by an ear tag or other form of visual
6734     identification; and
6735          (c) that is roaming freely upon public land or private land [without the permission of
6736     the landowner].
6737          (3) "Swine" means any domesticated species of the family Suidae that is conspicuously
6738     identified by an ear tag or other form of visible identification.
6739          Section 280. Section 4-25-103, which is renumbered from Section 4-25-2 is
6740     renumbered and amended to read:
6741          [4-25-2].      4-25-103. County responsibility for estrays -- Contracts with other
6742     local governments authorized.
6743          (1) Each county is responsible for the disposition of all estrays found within [its] the
6744     county's boundaries.
6745          (2) Each county in the discharge of [its] the county's responsibility, however, may
6746     contract upon mutually agreeable terms with any city, town, or other county with an animal
6747     control office to perform any or all of the functions imposed by this chapter.
6748          Section 281. Section 4-25-104, which is renumbered from Section 4-25-3 is
6749     renumbered and amended to read:

6750          [4-25-3].      4-25-104. Department authorized to make and enforce rules.
6751          The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
6752     Rulemaking Act, to make and enforce such rules as in [its] the department's judgment are
6753     necessary to administer and enforce this chapter.
6754          Section 282. Section 4-25-201, which is renumbered from Section 4-25-4 is
6755     renumbered and amended to read:
6756     
Part 2. Management of Estrays

6757          [4-25-4].      4-25-201. Possession of estrays -- Determination and location of
6758     owner -- Sale -- Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from
6759     liability.
6760          (1) (a) Except as provided in Section [4-25-5] 4-25-202, a county shall:
6761          (i) take physical possession of an estray [it] the county finds within [its] county
6762     boundaries; [and]
6763          (ii) attempt to determine the name and location of the estray's owner[.]; and
6764          (iii) contact the local brand inspector.
6765          (b) The department shall assist a county that requests its help in determining the name
6766     and location of the owner or other person responsible for the estray.
6767          (c) (i) Notwithstanding the requirements of Title 67, Chapter 4a, Unclaimed Property
6768     Act, if the county cannot determine the estray's owner, or, if having determined ownership,
6769     neither the county nor the department is able to locate the owner within a reasonable period of
6770     time, the estray shall be sold at a livestock or other appropriate market.
6771          (ii) The proceeds of a sale under Subsection (1)(c)(i), less the costs described in
6772     Subsection (1)(c)(iii), shall be paid to the county selling the estray.
6773          (iii) The livestock or other market conducting the sale under Subsection (1)(c)(i) may
6774     deduct the cost of feed, transportation, and other market costs from the proceeds of the sale.
6775          (2) A county shall publish notice of the sale of an estray:
6776          (a) at least once 10 days before the date of the sale; and
6777          (b) through electronic means or in a publication with general circulation within the

6778     county where the estray was taken into custody.
6779          (3) A purchaser of an estray sold under this section shall receive title to the estray free
6780     and clear of all claims of the estray's owner and a person claiming title through the owner.
6781          (4) A county that complies with the provisions of this section is immune from liability
6782     for the sale of an estray sold at a livestock or other appropriate market.
6783          (5) Notwithstanding the requirements of Subsection (1)(c), a county may employ a
6784     licensed veterinarian to euthanize an estray if the licensed veterinarian determines that the
6785     estray's physical condition prevents the estray from being sold.
6786          Section 283. Section 4-25-202, which is renumbered from Section 4-25-5 is
6787     renumbered and amended to read:
6788          [4-25-5].      4-25-202. Report of estrays -- Possession -- Relief from liability.
6789          (1) As used in this section, "division" means the Division of Wildlife Resources.
6790          (2) A person, other than an official of the county or of an animal control office under
6791     contract with the county, who finds an estray shall report [it] the estray to the county or animal
6792     control office immediately.
6793          (3) Upon receipt of notification under Subsection (2), the county or the animal control
6794     office shall:
6795          (a) take possession of the estray; or
6796          (b) if appropriate, authorize the person in possession of the estray to maintain and care
6797     for [it] the estray pending determination and location of the estray's owner.
6798          (4) A person who gives notice of an estray and delivers [it] the estray to the county or
6799     animal control office is not liable to third parties on account of the estray to the extent of the
6800     value of the animal.
6801          (5) (a) If an employee of the department or the division, acting in the employee's
6802     official capacity, finds an estray, the employee shall:
6803          (i) comply with the requirements of Subsection (2); and
6804          (ii) make a reasonable attempt to contact the estray's owner.
6805          (b) The county or animal control office receiving a report of an estray from an

6806     employee of the department or the division shall:
6807          (i) take possession of the estray; or
6808          (ii) authorize the department or the division in writing or through electronic means to
6809     take possession of the estray.
6810          (c) If the county or animal control office does not comply with Subsection (5)(b)
6811     within 72 hours from the time the division reports an estray, the division may take possession
6812     of the estray.
6813          (d) If the division takes possession of the estray, the division shall:
6814          (i) make a reasonable attempt to return the estray to the estray's owner; or
6815          (ii) if unable to return the estray to the estray's owner, deliver the estray to the county
6816     or animal control office.
6817          (e) If the division is unable to take possession of the estray after a reasonable attempt,
6818     the division may cause the death of the estray if the division determines that the estray presents
6819     a material threat to wildlife by:
6820          (i) predation;
6821          (ii) pathogen transmission; or
6822          (iii) genetic introgression.
6823          (f) If the division causes the death of an estray under Subsection (5)(e), the division
6824     shall:
6825          (i) compensate the owner of the estray at full market value of the estray; or
6826          (ii) if the owner of the estray cannot be determined, deposit an amount equal to the full
6827     market value of the estray into the Agricultural and Wildlife Damage Prevention Account
6828     created in Section [4-23-7.5] 4-23-108.
6829          (6) Notwithstanding the requirements of Subsection (5), the division may immediately
6830     take possession of an estray or cause an estray to move away from wildlife if the estray presents
6831     an imminent material threat to wildlife by:
6832          (a) predation;
6833          (b) pathogen transmission; or

6834          (c) genetic introgression.
6835          Section 284. Section 4-25-203, which is renumbered from Section 4-25-6 is
6836     renumbered and amended to read:
6837          [4-25-6].      4-25-203. Compensation for care of estrays -- Liability of county --
6838     Notice required.
6839          (1) A person who finds an estray and who, after giving notice is authorized by the
6840     county to maintain and care for [it] the estray, is entitled to compensation from the owner, or
6841     from the county, as the case may be, for the reasonable costs of feeding and maintaining the
6842     [animal] estray; provided, that the county is liable for such cost only if the owner is not located
6843     after diligent search.
6844          (2) No person who finds an estray however, is entitled to reimbursement for feed and
6845     maintenance or for any other cost incurred on behalf of the estray before such time as notice of
6846     the estray is given to the county or to the appropriate animal control office.
6847          Section 285. Section 4-25-204, which is renumbered from Section 4-25-7 is
6848     renumbered and amended to read:
6849          [4-25-7].      4-25-204. County legislative body authorized to adopt fence
6850     ordinance -- Lawful fence to be specified by ordinance -- Dividing the county into
6851     divisions for different fencing regulations.
6852          (1) A county legislative body may, by ordinance, declare and enforce a general policy
6853     within the county for the fencing of farms, subdivisions, or other private property[,] to allow
6854     domestic animals to graze without trespassing on farms, subdivisions, or other private property.
6855          (2) If an ordinance is adopted under Subsection (1), the county legislative body:
6856          (a) shall through ordinance declare and specify what constitutes a lawful fence; and
6857          (b) may divide the county into divisions and prescribe different fencing regulations for
6858     each division.
6859          Section 286. Section 4-25-205, which is renumbered from Section 4-25-8 is
6860     renumbered and amended to read:
6861          [4-25-8].      4-25-205. Owner liable for trespass of animals -- Exception --

6862     Intervention by county representative.
6863          (1) The owner of any [neat] cattle, horse, ass, mule, sheep, goat, or swine that
6864     trespasses upon the premises of another person, except in cases where the premises are not
6865     enclosed by a lawful fence in a county or municipality that has adopted a fence ordinance, is
6866     liable in a civil action to the owner or occupant of the premises for any damage inflicted by the
6867     trespass.
6868          (2) A county representative may intervene to remove the animal and the county is
6869     entitled to fair compensation for costs incurred. If the animal is not claimed within 10 days
6870     after written notification is sent to [its] the animal's owner, a county representative may sell the
6871     animal to cover costs incurred.
6872          (3) Notwithstanding Subsections (1) and (2), the owner of any [neat] cattle, horse, ass,
6873     mule, sheep, goat, or swine that trespasses upon the premises of another person is not liable in
6874     a civil action to the owner or occupant of the premises for damage inflicted by the trespass if:
6875          (a) the animal enters the premises from an historic livestock trail, as defined in Section
6876     57-13b-102; and
6877          (b) the premises that was trespassed is not enclosed by an adequate fence at the time
6878     the trespass occurs.
6879          Section 287. Section 4-25-206, which is renumbered from Section 4-25-9 is
6880     renumbered and amended to read:
6881          [4-25-9].      4-25-206. Animals running at large -- Prohibition -- Limited
6882     exception.
6883          [No] (1) Except as provided in Subsection (2), no person who owns or is in possession
6884     of a stallion, jack, or ridgeling over 18 months old, or a ram over three months old, shall permit
6885     [it] the animal to run at large within the limits of, or on the summer range of, any town or
6886     settlement[; provided, that two-thirds].
6887          (2) Two-thirds of the voters of any county or isolated part of a county may elect
6888     through an election to make this section ineffective in all or part of the county during part of
6889     the year.

6890          Section 288. Section 4-25-301, which is renumbered from Section 4-25-12 is
6891     renumbered and amended to read:
6892          [4-25-12].      4-25-301. Allowing swine to run at large -- Class B misdemeanor.
6893          (1) A person is guilty of a class B misdemeanor if the person:
6894          (a) is in control of a swine; and
6895          (b) allows the swine to run at large.
6896          (2) A person described in Subsection (1) is liable for damage caused by the swine
6897     running at large.
6898          Section 289. Section 4-25-302, which is renumbered from Section 4-25-12.1 is
6899     renumbered and amended to read:
6900          [4-25-12.1].      4-25-302. Release of swine or feral swine for any purpose.
6901          A person [may not release] is guilty of a third degree felony if the person releases a:
6902          (1) swine on public or private property for hunting purposes; or
6903          (2) feral swine on public or private property for any purpose.
6904          Section 290. Section 4-25-303, which is renumbered from Section 4-25-12.3 is
6905     renumbered and amended to read:
6906          [4-25-12.3].      4-25-303. Feral swine detrimental to state's interests -- Seizure,
6907     capture, or destruction of feral swine.
6908          (1) Feral swine are detrimental to the state's interests in agriculture and wildlife.
6909          (2) Feral swine may be seized, captured, or destroyed at any time, in any place, and in
6910     any manner by:
6911          (a) the department and [its] the department's authorized agents;
6912          (b) the Division of Wildlife Resources and [its] the Division of Wildlife Resources'
6913     authorized agents; or
6914          (c) a certified peace officer.
6915          (3) (a) Notwithstanding Section 76-9-301, and subject to the requirements of this
6916     section, an individual may kill a feral swine roaming on private or public land.
6917          (b) An individual shall obtain the consent of the landowner before killing a feral swine

6918     on private land.
6919          (c) Feral swine may be killed:
6920          (i) year-round;
6921          (ii) in any number; and
6922          (iii) with a firearm, bow and arrow, or crossbow.
6923          (4) Feral swine may not be hunted or killed under Subsection (3)(c):
6924          (a) with the use of artificial light or night vision equipment, except as authorized by
6925     county ordinance; or
6926          (b) from or with any airborne vehicle or device, except as provided in Section [4-23-6]
6927     4-23-106.
6928          (5) An individual may not receive compensation, or attempt to receive compensation,
6929     from hunting feral swine.
6930          (6) An authorized individual who kills a swine under this section is not liable to the
6931     owner for the loss of the swine, unless:
6932          (a) the swine is conspicuously identified by an ear tag or other form of visual
6933     identification; and
6934          (b) the individual who killed the swine knew the swine was identified by an ear tag or
6935     other form of usual identification.
6936          Section 291. Section 4-25-401, which is renumbered from Section 4-25-14 is
6937     renumbered and amended to read:
6938     
Part 4. Impounded Livestock

6939          [4-25-14].      4-25-401. Impounded livestock -- Determination and location of
6940     owner -- Sale -- Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from
6941     liability.
6942          (1) As used in this section, "impounded livestock" means the following animals seized
6943     and retained in legal custody:
6944          (a) cattle;
6945          (b) calves;

6946          (c) horses;
6947          (d) mules;
6948          (e) sheep;
6949          (f) goats;
6950          (g) hogs; or
6951          (h) domesticated elk.
6952          (2) (a) A county may:
6953          (i) take physical possession of impounded livestock seized and retained within its
6954     boundaries; and
6955          (ii) attempt to determine the name and location of the impounded livestock's owner.
6956          (b) The department shall assist a county who requests help in locating the name and
6957     location of the owner or other person responsible for the impounded livestock.
6958          (c) (i) Notwithstanding the requirements of Title 67, Chapter 4a, Unclaimed Property
6959     Act, if the county cannot determine ownership of the impounded livestock, or, if having
6960     determined ownership, neither the county nor the department is able to locate the owner within
6961     a reasonable period of time, the impounded livestock shall be sold at a livestock or other
6962     appropriate market.
6963          (ii) The proceeds of a sale under Subsection (2)(c)(i), less the costs described in
6964     Subsection (2)(c)(iii), shall be paid to the State School Fund created by the Utah Constitution,
6965     Article X, Section 5, Subsection (1).
6966          (iii) The livestock or other market conducting the sale under Subsection (2)(c)(i) may
6967     deduct the cost of feed, transportation, and other market costs from the proceeds of the sale.
6968          (3) A county shall publish the intended sale of the impounded livestock:
6969          (a) at least 10 days [prior to] before the date of sale; and
6970          (b) through electronic means or in a publication with general circulation within the
6971     county where the impounded livestock was taken into custody.
6972          (4) A purchaser of impounded livestock sold under this section shall receive title to the
6973     impounded livestock free and clear of all claims of the livestock's owner or a person claiming

6974     title through the owner.
6975          (5) If a county complies with the provisions of this section, [it] the county is immune
6976     from liability for the sale of impounded livestock sold at a livestock or other appropriate
6977     market.
6978          (6) Notwithstanding the requirements of Subsection (2)(c), a county may employ a
6979     licensed veterinarian to euthanize an impounded livestock if the licensed veterinarian
6980     determines that the impounded livestock's physical condition prevents the impounded livestock
6981     from being sold.
6982          Section 292. Section 4-26-101 is amended to read:
6983     
CHAPTER 26. ENCLOSURES AND FENCES

6984          4-26-101. Title -- Failure to close entrance to enclosure -- Class C misdemeanor --
6985     Damages.
6986          (1) This chapter is known as "Enclosures and Fences."
6987          (2) A person who willfully throws down a fence or opens bars or gates into any
6988     enclosure other than the person's own enclosure or into any enclosure jointly owned or
6989     occupied by such person and others, and leaves [it] the enclosure open:
6990          (a) is guilty of a class C misdemeanor[,]; and
6991          (b) is liable in damage for any injury sustained by any person as a result of such an act.
6992          Section 293. Section 4-26-102 is amended to read:
6993          4-26-102. Adjoining landowners -- Partition fences -- Contribution.
6994          (1) If two or more persons agree to a fence enclosure or to the construction of a
6995     partition fence, the cost of construction and maintenance of the fence shall be apportioned
6996     between each party to the agreement based upon the amount of land enclosed.
6997          (2) A person who is a party to an agreement described in Subsection (1) and who fails
6998     to maintain such person's part of the fence is liable in a civil action for any damage sustained
6999     by another party to the agreement as a result of the failure to maintain the fence.
7000          (3) (a) If a person has enclosed land with a fence and the owner of adjoining land
7001     desires to enclose land adjoining the fence so that the existing fence or any part of it will

7002     become a partition fence between such tracts of land, the owner of the adjoining land shall,
7003     before making the enclosure, pay to the owner of the existing fence one-half of the value of all
7004     that part of the fence that will become a partition fence[; and when one party].
7005          (b) If a person whose land is enclosed, in whole or in part, by a partition fence ceases
7006     to improve or cultivate [his] that person's land or opens [his] the enclosure [he may not take
7007     away any part of the partition fence belonging to him, if the owner or occupant of the adjoining
7008     enclosure within 30 days after notice, pays for the value of such fence; nor shall the partition
7009     fence be removed if the crops enclosed by it will be exposed to injury.] , the person:
7010          (i) shall give notice to the other owner of the partition fence and an opportunity to pay
7011     for the person's reasonable value of the fence;
7012          (ii) may not remove any part of the partition fence until the earlier of:
7013          (A) 30 days after the day on which the person gave notice to the other owner, as
7014     described in Subsection (3)(b)(i); or
7015          (B) the day the other owner pays the person for the person's reasonable value of the
7016     fence; and
7017          (iii) notwithstanding Subsection (3)(b)(ii), may not remove the partition fence if the
7018     crops enclosed by the fence will be exposed to injury.
7019          Section 294. Section 4-26-104 is amended to read:
7020          4-26-104. Fencing for bison.
7021          Perimeter fencing intended to hold bison shall meet the following minimum standards:
7022          (1) fence sections and gates shall:
7023          (a) reach a height of at least [six] eight feet above ground level; and
7024          (b) be constructed in a mesh pattern consisting of:
7025          (i) hi-tensile steel wire of at least 14-1/2 gauge;
7026          (ii) a maximum mesh size of six inches by six inches; or
7027          (iii) a material with the strength equivalent of the material described in Subsections
7028     (1)(b)(i) and (ii);
7029          (2) fence posts shall:

7030          (a) (i) be constructed of treated wood at least four inches in diameter; and
7031          (ii) be constructed of a material with the strength equivalent of the material described
7032     in Subsection (2)(a)(i);
7033          (b) reach a height of at least six feet, two inches above ground level;
7034          (c) have at least two feet of length below ground level;
7035          (d) be installed at intervals of no more than 20 feet; and
7036          (e) if located on a corner or connected to a gate, be braced with wood or the strength
7037     equivalent of wood; and
7038          (3) fence stays shall:
7039          (a) be constructed of treated wood or steel;
7040          (b) be installed at intervals of no more than 10 feet from any fence post; and
7041          (c) reach a height of at least six feet, two inches above ground level.
7042          Section 295. Section 4-30-101 is enacted to read:
7043     
CHAPTER 30. LIVESTOCK MARKETS

7044          4-30-101. Title.
7045          This chapter is known as "Livestock Markets."
7046          Section 296. Section 4-30-102, which is renumbered from Section 4-30-1 is
7047     renumbered and amended to read:
7048          [4-30-1].      4-30-102. Definitions.
7049          For the purpose of this chapter:
7050          (1) "Consignor" or "shipper" means any person who consigns, ships, or delivers
7051     livestock to a livestock market for storage, handling, or sale.
7052          (2) (a) "Livestock market" means a public market place consisting of pens or other
7053     enclosures where all classes of livestock or poultry are received on consignment and kept for
7054     subsequent sale, either through public auction or private sale.
7055          (b) "Livestock market" does not include:
7056          (i) a place used solely for liquidation of livestock by a farmer, dairyman, livestock
7057     breeder, or feeder who is going out of such business; or

7058          (ii) a place where an association of livestock breeders or an individual livestock
7059     breeder offers registered livestock or breeding sires for sale and assumes all responsibility for
7060     the sale, guarantees title to the livestock or sires sold, and arranges with the department for
7061     brand inspection of all animals sold.
7062          (3) "Person" means an individual, partnership, corporation, or association.
7063          Section 297. Section 4-30-103, which is renumbered from Section 4-30-2 is
7064     renumbered and amended to read:
7065          [4-30-2].      4-30-103. Livestock Market Committee created -- Composition --
7066     Terms -- Removal -- Compensation -- Duties.
7067          (1) There is created a Livestock Market Committee which consists of the following
7068     seven members appointed to a four-year term of office by the commissioner:
7069          (a) one member recommended by the livestock market operators in the state;
7070          (b) one member recommended by the Utah Cattlemen's Association;
7071          (c) one member recommended by the Utah Dairymen's Association;
7072          (d) one member recommended by the Utah Woolgrowers['] Association;
7073          (e) one member recommended by the horse industry;
7074          (f) one member recommended by the Utah Farm Bureau Federation; and
7075          (g) one member recommended by the Utah Farmers Union.
7076          (2) Notwithstanding the requirements of Subsection (1), the commissioner shall, at the
7077     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
7078     committee members are staggered so that approximately half of the committee is appointed
7079     every two years.
7080          (3) No more than four members shall be members of the same political party.
7081          (4) (a) The commissioner may remove a member of the committee at the request of the
7082     association or group which recommended the member's appointment.
7083          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
7084     appointed for the unexpired term.
7085          (5) The Livestock Market Committee shall elect a chair from its membership, who

7086     shall serve for a term of office of two years, but may be reelected for subsequent terms.
7087          (6) (a) The chair is responsible for the call and conduct of meetings.
7088          (b) Four members constitute a quorum for the transaction of official business.
7089          (7) A member may not receive compensation or benefits for the member's service, but
7090     may receive per diem and travel expenses in accordance with:
7091          (a) Section 63A-3-106;
7092          (b) Section 63A-3-107; and
7093          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
7094     63A-3-107.
7095          (8) The Livestock Market Committee acts as advisor to the department with respect to
7096     the administration and enforcement of this chapter and makes recommendations necessary to
7097     carry out the intent of this chapter to the commissioner.
7098          Section 298. Section 4-30-104, which is renumbered from Section 4-30-3 is
7099     renumbered and amended to read:
7100          [4-30-3].      4-30-104. Department authorized to make and enforce rules.
7101          The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
7102     Rulemaking Act, to make and enforce such rules [as in its judgment are] necessary to
7103     administer and enforce this chapter.
7104          Section 299. Section 4-30-105, which is renumbered from Section 4-30-4 is
7105     renumbered and amended to read:
7106          [4-30-4].      4-30-105. License required -- Application -- Fee -- Expiration --
7107     Renewal.
7108          (1) (a) No person may operate a livestock market in this state without a license issued
7109     by the department.
7110          (b) Application for a license shall be made to the department upon forms prescribed
7111     and furnished by [it. The] the department, and the application shall specify:
7112          (i) if the applicant is an individual, the name, address, and date of birth of the
7113     applicant; or

7114          (ii) if the applicant is a partnership, corporation, or association, the name, address, and
7115     date of birth of each person who has a financial interest in the applicant and the amount of each
7116     person's interest;
7117          (iii) a certified statement of the financial assets and liabilities of the applicant detailing:
7118          (A) current assets;
7119          (B) current liabilities;
7120          (C) long-term assets; and
7121          (D) long-term liabilities;
7122          (iv) a legal description of the property where the market is proposed to be located, [its]
7123     the property's street address, and a description of the facilities proposed to be used in
7124     connection with [it] the property;
7125          (v) a schedule of the charges or fees the applicant proposes to charge for each service
7126     rendered; and
7127          (vi) a detailed statement of the trade area proposed to be served by the applicant, the
7128     potential benefits which will be derived by the livestock industry, and the specific services the
7129     applicant intends to render at the livestock market.
7130          (2) (a) Upon receipt of a proper application, payment of a license fee in an amount
7131     determined by the department pursuant to Subsection [4-2-2] 4-2-103(2), and a favorable
7132     recommendation by the Livestock Market Committee, the commissioner, if satisfied that the
7133     convenience and necessity of the industry and the public will be served, shall issue a license
7134     allowing the applicant to operate the livestock market proposed in the application valid through
7135     December 31 of the year in which the license is issued, subject to suspension or revocation for
7136     cause.
7137          (b) A livestock market license is annually renewable on or before December 31 of each
7138     year upon the payment of an annual license renewal fee in an amount determined by the
7139     department pursuant to Subsection [4-2-2] 4-2-103(2).
7140          (3) No livestock market original or renewal license may be issued until the applicant
7141     has provided the department with a certified copy of a surety bond filed with the United States

7142     Department of Agriculture as required by the Packers and Stockyards Act, 1921, 7 U.S.C.
7143     Section 181 et seq.
7144          Section 300. Section 4-30-106, which is renumbered from Section 4-30-5 is
7145     renumbered and amended to read:
7146          [4-30-5].      4-30-106. Hearing on license application -- Notice of hearing.
7147          (1) Upon the filing of an application, the chairman of the Livestock Market Committee
7148     shall set a time for hearing on the application in the city or town nearest the proposed site of the
7149     livestock market and cause notice of the time and place of the hearing together with a copy of
7150     the application to be forwarded by mail, not less than 15 days before the hearing date, to the
7151     following:
7152          (a) each licensed livestock market operator within the state; and
7153          (b) each livestock or other interested association or group of persons in the state that
7154     has filed written notice with the committee requesting receipt of notice of such hearings.
7155          (2) Notice of the hearing shall be published 14 days before the scheduled hearing date:
7156          (a) in a daily or weekly newspaper of general circulation within the city or town where
7157     the hearing is scheduled; and
7158          (b) on the Utah Public Notice Website created in Section 63F-1-701.
7159          Section 301. Section 4-30-107, which is renumbered from Section 4-30-6 is
7160     renumbered and amended to read:
7161          [4-30-6].      4-30-107. Livestock Market Committee -- Guidelines delineated for
7162     decision on application.
7163          (1) The Livestock Market Committee in determining whether to recommend approval
7164     or denial of the application shall consider:
7165          (a) the applicant's proven or potential ability to comply with the Packers and
7166     Stockyards Act, 7 U.S.C. Sec. 221 through 229b;
7167          (b) the financial stability, business integrity, and fiduciary responsibility of the
7168     applicant;
7169          (c) the livestock marketing benefits which potentially will be derived from the

7170     establishment and operation of the public livestock market proposed;
7171          (d) the need for livestock market services in the trade area proposed;
7172          (e) the adequacy of the livestock market location and facilities proposed in the
7173     application, including facilities for health inspection and testing;
7174          (f) whether the operation of the proposed livestock market is likely to be permanent;
7175     and
7176          (g) the economic feasibility of the proposed livestock market based on competent
7177     evidence.
7178          (2) Any interested person may appear at the hearing on the application and give an
7179     opinion or present evidence either for or against granting the application.
7180          Section 302. Section 4-30-108, which is renumbered from Section 4-30-7 is
7181     renumbered and amended to read:
7182          [4-30-7].      4-30-108. Transfer of livestock market license permitted --
7183     Conditions.
7184          (1) No livestock market license is transferable to another person without the prior
7185     approval of the commissioner.
7186          (2) A change in the membership of a partnership or association, or the sale or transfer
7187     of a 25% or greater interest in the stock ownership of a corporate livestock market shall be
7188     considered a transfer of the livestock market license and is subject to the requirements of this
7189     section.
7190          (3) Application to allow transfer of a livestock market license shall be made to the
7191     department on a form prescribed and furnished by [it] the department.
7192          (4) The commissioner may grant a transfer of the license:
7193          (a) if the proposed transferee meets all the requirements specified for an original
7194     license in Section [4-30-4] 4-30-105; and
7195          (b) based on the criteria specified in Section [4-30-6] 4-30-107.
7196          Section 303. Section 4-30-109, which is renumbered from Section 4-30-7.5 is
7197     renumbered and amended to read:

7198          [4-30-7.5].      4-30-109. Financial responsibility.
7199          Each livestock market shall maintain a financial condition of total assets in excess of
7200     total liabilities, including total current assets in excess of total current liabilities.
7201          Section 304. Section 4-30-110, which is renumbered from Section 4-30-7.6 is
7202     renumbered and amended to read:
7203          [4-30-7.6].      4-30-110. Custodial accounts for trust funds.
7204          (1) (a) Each payment that a livestock buyer makes to a livestock market selling on
7205     commission is a trust fund.
7206          (b) Funds deposited [in] into custodial accounts are trust funds.
7207          (2) Each livestock market engaged in selling livestock on a commission or agency
7208     basis shall establish and maintain a separate bank account designated as "custodial account for
7209     shippers' proceeds," or some similar identifying designation, to disclose that the depositor is
7210     acting as a fiduciary and that the funds in the account are trust funds.
7211          (3) (a) The livestock market shall deposit [in] into its custodial account before the close
7212     of the next business day after the livestock is sold:
7213          (i) the proceeds that have been collected from the sale of the livestock [that have been
7214     collected]; and
7215          (ii) an amount equal to the proceeds receivable from the sale of livestock that are due
7216     from:
7217          (A) the livestock market;
7218          (B) any owner, officer, or employee of the livestock market; and
7219          (C) any buyer to whom the livestock market has extended credit.
7220          (b) The livestock market shall thereafter deposit [in] into the custodial account all
7221     proceeds collected until the account has been reimbursed in full[,] and shall, before the close of
7222     the seventh day following the sale of livestock, deposit an amount equal to all the remaining
7223     proceeds receivable regardless of whether [or not] the proceeds have been collected by the
7224     livestock market.
7225          (4) The custodial account shall be drawn on only [for payment of]:

7226          (a) for payment of the net proceeds to the consignor or shipper, or to any person that
7227     the livestock market knows is entitled to payment;
7228          (b) to pay lawful charges against the consignment of livestock which the market agency
7229     shall, in its capacity as agent, be required to pay; and
7230          (c) to obtain any sums due the livestock market as compensation for its services.
7231          (5) (a) Each livestock market shall keep accounts and records that will disclose at all
7232     times the handling of funds in the custodial account.
7233          (b) Accounts and records shall at all times disclose the name of the consignors and the
7234     amount due and payable to each from funds in the custodial account.
7235          (6) The custodial account shall be established and maintained in a bank whose deposits
7236     are insured by the Federal Deposit Insurance Corporation.
7237          Section 305. Section 4-30-111, which is renumbered from Section 4-30-8 is
7238     renumbered and amended to read:
7239          [4-30-8].      4-30-111. Weighman license required -- Application -- Fee -- Bond
7240     -- Expiration -- Renewal.
7241          (1) (a) No person may act as a weighman at a livestock market without a license from
7242     the department.
7243          (b) Application for a weighman's license shall be made to the department upon forms
7244     prescribed and furnished by [it] the department.
7245          (c) Upon receipt of a proper application, payment of a license fee in an amount
7246     determined by the department pursuant to Subsection [4-2-2] 4-2-103(2), and deposit of either
7247     a corporate surety bond or trust fund agreement with the department in the principal amount of
7248     $1,000, the commissioner shall issue a license allowing the applicant to act as a weighman
7249     through December 31 of the year in which the license is issued, subject to suspension or
7250     revocation for cause.
7251          (d) A weighman's license is annually renewable on or before December 31 of each year
7252     upon the payment of an annual license renewal fee in an amount determined by the department
7253     pursuant to Subsection [4-2-2] 4-2-103(2).

7254          (2) (a) Each weighman's surety bond shall be written by a surety licensed under the
7255     laws of Utah and name the state, as obligee, for the use and benefit of persons who consign
7256     livestock to a livestock market.
7257          (b) The bond shall further be conditioned for the faithful and accurate weighing of
7258     livestock consigned to a livestock market[,] and for the payment of court costs and [a]
7259     reasonable [attorney's fee] attorney fees to the prevailing party incident to any suit brought
7260     upon the bond.
7261          Section 306. Section 4-30-112, which is renumbered from Section 4-30-9 is
7262     renumbered and amended to read:
7263          [4-30-9].      4-30-112. Suspension or revocation of license -- Grounds.
7264          The department is authorized to suspend or revoke the license of any livestock market
7265     or livestock market weighman who:
7266          (1) violates any provision of this chapter or any rule [promulgated] made under this
7267     chapter; or
7268          (2) engages in any fraudulent or deceitful activity.
7269          Section 307. Section 4-31-105 is amended to read:
7270          4-31-105. Outbreak of contagious or infectious disease -- Assistance of federal
7271     authorities.
7272          If there is an outbreak of contagious or infectious disease among domestic animals in
7273     this state that imperils livestock [in adjoining states], the commissioner [shall seek] may
7274     request the assistance of the United States Department of Agriculture, Animal and Plant Health
7275     Inspection Service, in preventing the spread of the disease to other states.
7276          Section 308. Section 4-31-106 is amended to read:
7277          4-31-106. Epidemic of contagious or infectious disease -- Condemnation or
7278     destruction of infected or exposed livestock -- Destruction of other property.
7279          (1) If there is an outbreak of contagious or infectious foreign animal disease of
7280     epidemic proportion among domestic animals in this state that imperils livestock, the
7281     commissioner, with approval of the governor, may condemn, destroy, or dispose of any

7282     infected livestock or any livestock exposed to[, or deemed] the disease or considered by the
7283     commissioner capable of[,] communicating the disease to other domestic animals.
7284          (2) The commissioner may, with gubernatorial approval, condemn and destroy any
7285     barns, sheds, corrals, pens, or other property necessary to prevent the spread of contagion or
7286     infection.
7287          Section 309. Section 4-31-107 is amended to read:
7288          4-31-107. Appraisal of fair market value before destruction.
7289          (1) Before any livestock or property is [condemned and] destroyed under Section
7290     4-31-106, an appraisal of the fair market value of the livestock or other property shall be
7291     forwarded to the commissioner by a panel of three qualified appraisers appointed as follows:
7292          (a) one by the commissioner;
7293          (b) one by the owner of the livestock or other property subject to condemnation; and
7294          (c) one by the appraisers specified in Subsections (1)(a) and (b).
7295          (2) After review, the commissioner shall forward the appraisal to the board of
7296     examiners described in Subsection 63G-9-201(2)[,] together with the commissioner's
7297     recommendation concerning the amount, if any, that should be allowed.
7298          (3) Any costs incurred in the appraisal shall be paid by the state.
7299          Section 310. Section 4-31-108 is amended to read:
7300          4-31-108. Euthanasia for postmortem examination.
7301          The commissioner may order the [slaughter and post-mortem] euthanasia and
7302     postmortem examination of a diseased domestic animal if the exact nature of the animal's
7303     disease is not readily [ascertained] determined through other means.
7304          Section 311. Section 4-31-109.1 is amended to read:
7305          4-31-109.1. Trichomoniasis fines.
7306          (1) A person who knowingly sells a bull infected with trichomoniasis, other than to
7307     slaughter, without declaring the disease status of the animal shall be subject to citation and
7308     fines as prescribed by the department or may be called to appear before an administrative
7309     proceeding by the department, as established by rule in accordance with Title 63G, Chapter 3,

7310     Utah Administrative Rulemaking Act, and Section 4-31-109.
7311          (2) After May 15 of each calendar year, an owner of a bull that has not been tested for
7312     trichomoniasis [shall] may be fined $1,000 per [violation] bull.
7313          (3) An owner of a bull that has not been tested for trichomoniasis and that has been
7314     exposed to female cattle [shall] may be fined $1,000 per [violation] animal regardless of the
7315     time of year.
7316          Section 312. Section 4-31-113 is amended to read:
7317          4-31-113. Restrictions on movement of infected or exposed animals.
7318          (1) A person who owns or has possession of an animal and knows that the animal is
7319     infected with, or has been exposed to, any contagious or infectious disease[,] may not:
7320          (a) permit the animal to run at large[,] or come in contact with[,] an animal that can be
7321     infected; or
7322          (b) sell, ship, trade, or give away [an] the infected animal without disclosing that the
7323     animal is diseased or has been exposed to disease.
7324          (2) A person who violates Subsection (1) is liable to the owner or occupant of the
7325     premises for any damage inflicted by an infected animal.
7326          [(2)] (3) The provisions of this section do not apply to protected wildlife that is:
7327          (a) living in nature; and
7328          (b) under the jurisdiction of the Division of Wildlife Resources.
7329          Section 313. Section 4-31-114 is amended to read:
7330          4-31-114. Report of vesicular disease.
7331          (1) A person who identifies symptoms of vesicular disease in livestock shall
7332     immediately report it to the department.
7333          (2) Failure of a veterinarian licensed in this state to report to the department a
7334     diagnosed case of vesicular disease [to the department] constitutes ground for the revocation of
7335     such veterinarian's license.
7336          (3) Failure by an owner of livestock to report symptoms of vesicular disease among the
7337     owner's livestock constitutes forfeiture of the right to claim an indemnity for an animal

7338     [slaughtered] euthanized on account of the disease.
7339          Section 314. Section 4-31-115 is amended to read:
7340          4-31-115. Contagious or infectious disease -- Duties of department.
7341          (1) (a) The department shall investigate and may quarantine any reported case of
7342     contagious or infectious disease, or any epidemic[,] or poisoning, affecting a domestic animal
7343     or an animal that the department believes may jeopardize the health of animals within the state.
7344          (b) The department shall make a prompt and thorough examination of all
7345     circumstances surrounding the disease, epidemic, or poisoning and may order quarantine, care,
7346     or any necessary remedies.
7347          (c) The department may also order immunization or testing and sanitary measures to
7348     prevent the spread of disease.
7349          (d) [Investigations] An investigation involving fish or wildlife shall be conducted
7350     under a cooperative agreement with the Division of Wildlife Resources.
7351          (2) (a) If the owner or person in possession of such [animals] an animal, after written
7352     notice from the department, fails to take the action ordered, the commissioner is authorized to
7353     seize and hold the [animals] animal and take action necessary to prevent the spread of disease,
7354     including immunization, testing, dipping, or spraying.
7355          (b) An animal seized for testing or treatment under this section [shall] may be sold by
7356     the commissioner at public sale to reimburse the department for all costs incurred in the
7357     seizure, testing, treatment, maintenance, and sale of the animal unless the owner, before the
7358     sale, tenders payment for the costs incurred by the department.
7359          (c) (i) No seized animal shall be sold until the owner or person in possession of the
7360     animal is served with a notice specifying the itemized costs incurred by the department [and],
7361     the time, place, and purpose of sale, and the number of animals to be sold.
7362          (ii) The notice shall be served at least three days in advance of sale in the manner:
7363          (A) prescribed for personal service in Rule 4(d)(1), Utah Rules of Civil Procedure; or
7364          (B) if the owner cannot be found after due diligence, [in the manner] prescribed for
7365     service by publication in Rule 4(d)(4), Utah Rules of Civil Procedure.

7366          (3) (a) Any amount realized from the sale of the animal over the total charges shall be
7367     paid to the owner of the animal[,] if the owner is known or can by reasonable diligence be
7368     found[; otherwise,].
7369          (b) If the owner is unknown and cannot be found by reasonable diligence, as described
7370     in Subsection (3)(a), the excess shall remain in the General Fund.
7371          (c) If the total cost incurred is greater than the amount realized, the owner shall pay the
7372     difference.
7373          Section 315. Section 4-31-116 is amended to read:
7374          4-31-116. Quarantine -- Peace officers to assist in maintenance of quarantine.
7375          (1) The commissioner may quarantine any infected domestic animal or area within the
7376     state to prevent the spread of infectious or contagious disease.
7377          (2) A sheriff or other peace officer in the state shall, upon request of the commissioner,
7378     assist the department in maintaining a quarantine and arrest a person who violates [it] the
7379     quarantine.
7380          (3) The department shall pay all costs and fees incurred by any law enforcement
7381     authority in assisting the department.
7382          Section 316. Section 4-32-101, which is renumbered from Section 4-32-1 is
7383     renumbered and amended to read:
7384     
CHAPTER 32. UTAH MEAT AND POULTRY PRODUCTS INSPECTION AND

7385     
LICENSING ACT

7386          [4-32-1].      4-32-101. Title.
7387          This chapter [shall be] is known as [and may be cited as] the "Utah Meat and Poultry
7388     Products Inspection and Licensing Act."
7389          Section 317. Section 4-32-102, which is renumbered from Section 4-32-2 is
7390     renumbered and amended to read:
7391          [4-32-2].      4-32-102. Purpose declaration.
7392          (1) It is the purpose of this chapter to provide a meat and poultry inspection program in
7393     the state at least equal to the programs imposed under the:

7394          (a) Federal Meat Inspection Act, [the federal] 21 U.S.C. Sec. 601 et seq;
7395          (b) Poultry Products Inspection Act, [and the] 21 U.S.C. Sec. 451 et seq;
7396          (c) Humane Slaughter Act[.], 7 U.S.C. Sec. 1901 et seq; and
7397          (d) the Egg Product Inspection Act, 21 U.S.C. 1031 et seq.
7398          (2) The commissioner shall administer and enforce this chapter to accomplish [this] the
7399     purpose described in Subsection (1).
7400          Section 318. Section 4-32-103, which is renumbered from Section 4-32-2.1 is
7401     renumbered and amended to read:
7402          [4-32-2.1].      4-32-103. Adoption of federal provisions.
7403          (1) The following federal laws, regulations, and standards are adopted by reference:
7404          (a) 9 C.F.R. Part 300 through Part 500 and Part 590;
7405          (b) the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq.;
7406          (c) the Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq.; [and]
7407          (d) the Humane Slaughter Act, 7 U.S.C. Sec. 1901 et seq[.]; and
7408          (e) the Egg Product Inspection Act, 21 U.S.C. 1031 et seq.
7409          (2) Changes to the federal laws, regulations, and standards referenced in Subsection (1)
7410     are considered incorporated as those changes are made.
7411          Section 319. Section 4-32-104, which is renumbered from Section 4-32-2.2 is
7412     renumbered and amended to read:
7413          [4-32-2.2].      4-32-104. Emergency rules.
7414          The department may make emergency rules concerning the meat and poultry inspection
7415     program only in accordance with Section 63G-3-304.
7416          Section 320. Section 4-32-105, which is renumbered from Section 4-32-3 is
7417     renumbered and amended to read:
7418          [4-32-3].      4-32-105. Definitions.
7419          As used in this chapter:
7420          (1) "Adulterated" means any meat or poultry product that:
7421          (a) bears or contains any poisonous or deleterious substance that may render it

7422     injurious to health, but, if the substance is not an added substance, the meat or poultry product
7423     is not considered adulterated under this subsection if the quantity of the substance in or on the
7424     meat or poultry product does not ordinarily render it injurious to health;
7425          (b) bears or contains, by reason of the administration of any substance to the animal or
7426     otherwise, any added poisonous or added deleterious substance that in the judgment of the
7427     commissioner makes the meat or poultry product unfit for human food;
7428          (c) contains, in whole or in part, a raw agricultural commodity and that commodity
7429     bears or contains a pesticide chemical that is unsafe within the meaning of 21 U.S.C. Sec.
7430     346a;
7431          (d) bears or contains any food additive that is unsafe within the meaning of 21 U.S.C.
7432     Sec. 348;
7433          (e) bears or contains any color additive that is unsafe within the meaning of 21 U.S.C.
7434     Sec. 379e[;], provided[,] that a meat or poultry product that is not otherwise considered
7435     adulterated under Subsection (1)(c) or (d) [of this section] is considered adulterated if use of
7436     the pesticide chemical, food additive, or color additive is prohibited in official establishments
7437     by federal law, regulation, or standard;
7438          (f) consists, in whole or in part, of any filthy, putrid, or decomposed substance or is for
7439     any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;
7440          (g) has been prepared, packaged, or held under unsanitary conditions if the meat or
7441     poultry product may have become contaminated with filth, or if it may have been rendered
7442     injurious to health;
7443          (h) is in whole or in part the product of an animal that died other than by slaughter;
7444          (i) is contained in a container that is composed, in whole or in part, of any poisonous or
7445     deleterious substance that may render the meat or poultry product injurious to health;
7446          (j) has been intentionally subjected to radiation, unless the use of the radiation
7447     conforms with a regulation or exemption in effect pursuant to 21 U.S.C. Sec. 348;
7448          (k) has a valuable constituent in whole or in part omitted, abstracted, or substituted; or
7449     if damage or inferiority is concealed in any manner; or if any substance has been added, mixed,

7450     or packed with the meat or poultry product to increase its bulk or weight, [or] reduce its quality
7451     or strength, or [to] make it appear better or of greater value; or
7452          (l) is margarine containing animal fat and any of the raw material used in the margarine
7453     consists in whole or in part of any filthy, putrid, or decomposed substance.
7454          (2) "Animal" means a domesticated or captive mammalian or avian species.
7455          (3) "Animal food manufacturer" means any person engaged in the business of
7456     preparing animal food derived from animal carcasses or parts or products of the carcasses.
7457          (4) "Ante mortem inspection" means an inspection of a live animal immediately before
7458     slaughter.
7459          (5) "Broker" means any person engaged in the business of buying and selling meat or
7460     poultry products other than for the person's own account.
7461          (6) "Capable of use as human food" means any animal carcass, or part or product of a
7462     carcass, unless it is denatured or otherwise identified as required by rules of the department to
7463     deter [its] the carcass or product's use as human food.
7464          (7) "Commissioner" includes a person authorized by the commissioner to carry out
7465     [this chapter's provisions.] the provisions of this chapter.
7466          (8) "Container" or "package" means any box, can, tin, cloth, plastic, or other receptacle,
7467     wrapper, or cover.
7468          (9) "Custom exempt processing" means processing meat or wild game as a service for
7469     the person who owns the meat or wild game and uses the meat and meat food products for the
7470     person's own consumption, including consumption by immediate family members and
7471     non-paying guests.
7472          (10) "Custom exempt slaughter":
7473          (a) means slaughtering an animal as a service for the person who owns the animal and
7474     uses the meat and meat products for the person's own consumption, including consumption by
7475     immediate family members and non-paying guests; and
7476          (b) includes farm custom slaughter.
7477          (11) "Diseased animal":

7478          (a) means an animal that:
7479          (i) is diagnosed with a disease not known to be cured; or
7480          (ii) has exhibited signs or symptoms of a disease that is not known to be cured; and
7481          (b) does not include an otherwise healthy animal that suffers only from injuries such as
7482     fractures, cuts, or bruises.
7483          (12) "Farm custom mobile unit" means a portable slaughter vehicle or trailer that is
7484     used by a farm custom slaughter licensee to slaughter animals.
7485          (13) "Farm custom slaughter" means custom exempt slaughtering of an animal for an
7486     owner without official inspection.
7487          (14) "Farm custom slaughter license" means a license issued by the department to
7488     allow farm custom slaughter.
7489          (15) "Farm custom slaughter NOT FOR SALE tag" means a tag issued by the
7490     department to the owner of the facility before the animal is slaughtered that specifies the
7491     animal's identification and certifies its ownership[, which is issued by the department through a
7492     brand inspector to the owner of the animal before it is slaughtered.].
7493          (16) "Federal acts" means:
7494          (a) the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq.;
7495          (b) the Federal Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq.; [and]
7496          (c) the Humane Slaughter Act, 7 U.S.C. 1901 et seq[.]; and
7497          (d) the Egg Product Inspection Act, 21 U.S.C. 1031 et seq.
7498          (17) "Federal Food, Drug and Cosmetic Act" means the act so entitled, approved June
7499     25, 1938 (52 Stat. 1040) (21 U.S.C. 301 et seq.), and any amendments to [it] the act.
7500          (18) "Immediate container" means any consumer package, or any other container, in
7501     which meat or poultry products not consumer packaged[,] are packed.
7502          (19) "Inspector" means a [licensed veterinarian or competent lay person working under
7503     the supervision of a licensed graduate veterinarian.] department employee who is trained in:
7504          (a) humane handling;
7505          (b) ante-mortem and post-mortem inspection;

7506          (c) processing inspection; and
7507          (d) regulatory requirements.
7508          (20) "Label" means a display of printed or graphic matter upon any meat or poultry
7509     product or the immediate container, not including package liners, of any such product.
7510          (21) "Labeling" means all labels and other printed or graphic matter:
7511          (a) upon any meat or poultry product or any of its containers or wrappers; or
7512          (b) accompanying a meat or poultry product.
7513          (22) "Licensee" means a person who holds a valid farm custom slaughter license.
7514          (23) "Meat" means the edible muscle, and other edible parts, of an animal, including
7515     edible:
7516          (a) skeletal muscle;
7517          (b) organs;
7518          (c) muscle found in the tongue, diaphragm, heart, or esophagus; and
7519          (d) fat, bone, skin, sinew, nerve, or blood vessel that normally accompanies meat and is
7520     not ordinarily removed in processing.
7521          (24) "Meat establishment" means a plant or fixed premises used to:
7522          (a) slaughter animals for human consumption; or
7523          (b) process meat or poultry products for human consumption.
7524          (25) "Meat product" means any product capable of use as human food that is made
7525     wholly or in part from any meat or other part of the carcass of any non-avian animal.
7526          (26) "Misbranded" means any meat or poultry product that:
7527          (a) bears a label that is false or misleading in any particular;
7528          (b) is offered for sale under the name of another food;
7529          (c) is an imitation of another food, unless the label bears, in type of uniform size and
7530     prominence, the word "imitation" followed by the name of the food imitated;
7531          (d) if [its] it has a container, the container is [so] made, formed, or filled as to be
7532     misleading;
7533          (e) does not bear a label showing:

7534          (i) the name and place of business of the manufacturer, packer, or distributor; and
7535          (ii) an accurate statement of the quantity of the product in terms of weight, measure, or
7536     numerical count[;], provided[,] that under this Subsection (26)(e), exemptions as to meat and
7537     poultry products not in containers may be established by rules of the department and that under
7538     this Subsection (26)(e)(ii), reasonable variations may be permitted, and exemptions for small
7539     packages may be established for meat or poultry products by rule of the department;
7540          (f) does not bear any word, statement, or other information required by or under
7541     authority of this chapter to appear on the label or other labeling that is not prominently placed
7542     with such conspicuousness, as compared with other words, statements, designs, or devices, in
7543     the labeling, and in such terms as to render it likely to be read and understood by the ordinary
7544     individual under customary conditions of purchase and use;
7545          (g) is a food for which a definition and standard of identity or composition has been
7546     prescribed by rules of the department under Section [4-32-7] 4-32-109 if the food does not
7547     conform to the definition and standard and the label does not bear the name of the food and any
7548     other information that is required by the rule;
7549          (h) is a food for which a standard of fill has been prescribed by rule of the department
7550     for the container and the actual fill of the container falls below that prescribed unless [its] the
7551     food's label bears, in a manner and form as the rule specifies, a statement that [it] the food falls
7552     below the standard;
7553          (i) is a food for which no standard or definition of identity has been prescribed under
7554     Subsection (26)(g) unless [its] the label bears:
7555          (i) the common or usual name of the food, if there be any; and
7556          (ii) if [it] the food is fabricated from two or more ingredients, the common or usual
7557     name of each such ingredient[;], except that spices, flavorings, and colorings may, when
7558     authorized by the department, be designated as spices, flavorings, and colorings without
7559     naming each[;], provided[,] that to the extent that compliance with the requirements of this
7560     Subsection (26)(i)(ii) is impracticable, or results in deception or unfair competition,
7561     exemptions shall be established by rule;

7562          (j) is a food that purports to be or is represented to be for special dietary uses, unless
7563     [its] the label bears information concerning [its] the food's vitamin, mineral, and other dietary
7564     properties as the department, after consultation with the Secretary of Agriculture of the United
7565     States, prescribes by rules as necessary to inform purchasers as to [its] the food's value for
7566     special dietary uses;
7567          (k) bears or contains any artificial flavoring, artificial coloring, or chemical
7568     preservative, unless [it] the food bears labeling stating that fact[;], provided[,] that to the extent
7569     that compliance with the requirements of this subsection are impracticable, exemptions shall be
7570     prescribed by rules of the department; or
7571          (l) does not bear directly thereon and on [its] the food's containers, as the department
7572     may prescribe by rule, the official inspection legend and establishment number of the official
7573     establishment where the product was prepared, and, unrestricted by any of the foregoing, other
7574     information as the department may require by rule to assure that the meat or poultry product
7575     will not have false or misleading labeling and that the public will be informed of the manner of
7576     handling required to maintain [it] the meat or poultry product in a wholesome condition.
7577          (27) "Official certificate" means any certificate prescribed by rules of the department
7578     for issuance by an inspector or other person performing official functions under this chapter.
7579          (28) "Official device" means [any] a device prescribed or authorized by the
7580     commissioner for use in applying [any] an official mark.
7581          (29) "Official establishment" means [any] an establishment at which inspection of the
7582     slaughter of animals or the preparation of meat or poultry products is maintained under the
7583     authority of this chapter.
7584          (30) "Official inspection" means where domestic animals are slaughtered or
7585     preparations for slaughter are carried out under grant of inspection that is issued by the
7586     department.
7587          [(30)] (31) "Official inspection legend" means [any] a symbol prescribed by rules of
7588     the department showing that a meat or poultry product was inspected and passed in accordance
7589     with this chapter.

7590          [(31)] (32) "Official mark" means the official legend or [any] other symbol prescribed
7591     by rules of the department to identify the status of [any] an animal carcass or meat or poultry
7592     product under this chapter.
7593          [(32)] (33) "Pesticide chemical," "food additive," "color additive," and "raw
7594     agricultural commodity," have the same meanings for purposes of this chapter as ascribed to
7595     them in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
7596          [(33)] (34) "[Post mortem] Postmortem inspection" means an inspection of a
7597     slaughtered food animal's carcass after slaughter.
7598          [(34)] (35) "Poultry" means any domesticated bird, whether living or dead.
7599          [(35)] (36) "Poultry product" means any product capable of use as human food that is
7600     made wholly or in part from any poultry carcass, excepting products that contain poultry
7601     ingredients in relatively small proportion or that historically have not been considered by
7602     consumers as products of the poultry food industry, and that are exempted from definition as a
7603     poultry product by the commissioner.
7604          [(36)] (37) "Prepared" means slaughtered, canned, salted, stuffed, rendered, boned, cut
7605     up, or otherwise manufactured or processed.
7606          [(37)] (38) "Process" means to cut, grind, manufacture, compound, smoke, intermix, or
7607     prepare meat or poultry products.
7608          [(38)] (39) "Renderer" means any person engaged in the business of rendering animal
7609     carcasses, or parts or products of animal carcasses, except rendering conducted under
7610     inspection or exemption under this chapter.
7611          [(39)] (40) "Slaughter" means:
7612          (a) the killing of an animal in a humane manner including skinning or dressing; or
7613          (b) the process of performing any of the specified acts in preparing an animal for
7614     human consumption.
7615          [(40)] (41) "Wild game" means an animal, the products of which are food that is not
7616     classified as a domesticated food animal, captive game animal, or captive game bird, including
7617     the following when not domesticated:

7618          (a) deer;
7619          (b) elk;
7620          (c) antelope;
7621          (d) moose;
7622          (e) bison;
7623          (f) bear;
7624          (g) rabbit;
7625          (h) squirrel;
7626          (i) raccoon; and
7627          (j) birds.
7628          Section 321. Section 4-32-106, which is renumbered from Section 4-32-4 is
7629     renumbered and amended to read:
7630          [4-32-4].      4-32-106. Meat establishment license -- Slaughtering livestock
7631     except in licensed meat establishment prohibited -- Exceptions -- Violation a
7632     misdemeanor.
7633          (1) A person may not, except in a licensed meat establishment, slaughter animals for
7634     human consumption or assist other persons in the slaughter or processing of animals except as
7635     otherwise provided in Subsection (2), (3), or (4).
7636          (2) A person who raises an animal or an employee of that person may slaughter an
7637     animal without a farm custom slaughter license if:
7638          (a) slaughtering or processing animals is not prohibited by local ordinance;
7639          (b) any hide, viscera, blood, or other tissue is disposed of by removal to a rendering
7640     facility[,] or landfill[,] or by burial, as allowed by law;
7641          (c) the meat or poultry product derived from the slaughtered animal is consumed
7642     exclusively by the person or the person's immediate family, regular employees of the person, or
7643     nonpaying guests; and
7644          (d) the meat or poultry product is marked "Not For Sale."
7645          (3) Farm custom slaughter may be performed by a person who holds a valid farm

7646     custom slaughter license.
7647          (4) A retail establishment that processes meat or poultry products primarily for sale to
7648     individual consumers at the retail establishment is exempt from provisions requiring licensing
7649     of a meat establishment if:
7650          (a) the retail establishment is not engaged in slaughter operations;
7651          (b) the retail establishment sells the processed meat and poultry products only to
7652     individual consumers at the retail establishment[,] or to restaurants or institutions for use in
7653     meals served at those restaurants or institutions;
7654          (c) the retail establishment's sales of processed meat and poultry products to restaurants
7655     or institutions do not exceed the federal adjusted dollar limitation, or 25% by dollar volume of
7656     all meat sales from the retail establishment, whichever is less;
7657          (d) the retail establishment receives meat only from a meat establishment licensed
7658     under this chapter or inspected by the United States Department of Agriculture under 21 U.S.C.
7659     [Sections] Secs. 451 to 695;
7660          (e) the operator of the retail establishment does not sell[,] to any person other than an
7661     individual consumer[,] any meat or poultry product that is cured, smoked, seasoned, canned, or
7662     cooked at the retail establishment;
7663          (f) the retail establishment does not sell any meat or poultry product that is cured,
7664     smoked, seasoned, canned, or cooked at the retail establishment at a location other than the
7665     retail establishment; and
7666          (g) the operator of the retail establishment does not sell[,] to any person other than an
7667     individual consumer[,] any meat product made by combining meat from different animal
7668     species at the retail establishment.
7669          (5) Any person who violates this section, except as otherwise provided in Subsection
7670     (6), is guilty of a class C misdemeanor.
7671          (6) Any person who offers for sale or sells any uninspected meat or poultry product is
7672     guilty of a class B misdemeanor.
7673          Section 322. Section 4-32-107, which is renumbered from Section 4-32-5 is

7674     renumbered and amended to read:
7675          [4-32-5].      4-32-107. Meat establishment and farm custom slaughter licenses --
7676     Application -- Fees -- Expiration -- Renewal.
7677          (1) A person may not operate a meat establishment in the state without a meat
7678     establishment license issued by the department.
7679          (2) (a) Application for a license to operate a meat establishment shall be made to the
7680     department upon a form prescribed and furnished by the department.
7681          (b) Upon receipt of a proper application, compliance with all applicable rules, and the
7682     payment of an annual license fee determined by the department according to Subsection [4-2-2]
7683     4-2-103(2), the commissioner, if satisfied that the public convenience and necessity will be
7684     served, shall issue a license allowing the applicant to operate a meat establishment through
7685     December 31 of the year in which the license is issued, subject to suspension or revocation for
7686     cause.
7687          (c) A meat establishment license is annually renewable on or before December 31 of
7688     each year, upon the payment of an annual license renewal fee in an amount determined by the
7689     department according to Subsection [4-2-2] 4-2-103(2).
7690          (3) (a) Application for a farm custom slaughter license to engage in the business of
7691     slaughtering livestock shall be made to the department on a form prescribed and furnished by
7692     the department.
7693          (b) Upon receipt of a proper application, compliance with all applicable rules, and
7694     payment of a license fee in an amount determined by the department according to Subsection
7695     [4-2-2] 4-2-103(2), the commissioner shall issue a license allowing the applicant to engage in
7696     farm custom slaughtering.
7697          (c) A farm custom slaughter license is annually renewable on or before December 31 of
7698     each year, upon the payment of an annual renewal license fee in an amount determined by the
7699     department according to Subsection [4-2-2] 4-2-103(2).
7700          Section 323. Section 4-32-108, which is renumbered from Section 4-32-6 is
7701     renumbered and amended to read:

7702          [4-32-6].      4-32-108. Duties of person who holds a farm custom slaughter
7703     license.
7704          Each person who holds a farm custom slaughter license shall:
7705          (1) keep accurate records of each animal slaughtered, including:
7706          (a) the name, address, and telephone number of each person for whom the animal is
7707     slaughtered[,];
7708          (b) a full description of each animal slaughtered including age, brands, marks, or other
7709     identifying marks, proof of ownership, and the destination of the carcass for processing[,]; and
7710          (c) the date of slaughter;
7711          (2) require that each animal presented for slaughter bear a farm custom slaughter NOT
7712     FOR SALE tag;
7713          (3) render the animal to be slaughtered insensible to pain by captive bolt, gunshot,
7714     electric shock, or other humane means before it is shackled, hoisted, thrown, cast, or cut; and
7715          (4) stamp and tag the carcass of any slaughtered animal "Not For Sale."
7716          Section 324. Section 4-32-109, which is renumbered from Section 4-32-7 is
7717     renumbered and amended to read:
7718          [4-32-7].      4-32-109. Mandatory functions, powers, and duties of department
7719     prescribed.
7720          (1) The department shall make rules pursuant to Title 63G, Chapter 3, Utah
7721     Administrative Rulemaking Act, concerning the following functions, powers, and duties, in
7722     addition to those specified in Chapter 1, Short Title and General Provisions, for the
7723     administration and enforcement of this chapter[:].
7724          [(1)] (2) The department shall require antemortem and postmortem inspections,
7725     quarantine, segregation, and reinspections by inspectors appointed for those purposes with
7726     respect to the slaughter of animals and the preparation of meat and poultry products at official
7727     establishments, except as provided in Subsection [4-32-8] 4-32-110(13).
7728          [(2)] (3) The department shall require that:
7729          (a) animals be identified for inspection purposes;

7730          (b) meat or poultry products, or their containers be marked or labeled as:
7731          (i) "Utah Inspected and Passed" if, upon inspection, the products are found to be
7732     unadulterated; and
7733          (ii) "Utah Inspected and Condemned" if, upon inspection, the products are found to be
7734     adulterated; and
7735          (c) condemned animal carcasses or products, which otherwise would be used for
7736     human consumption, be destroyed under the supervision of an inspector.
7737          [(3)] (4) The department shall prohibit or limit meat products, poultry products, or
7738     other materials not prepared under inspection procedures provided in this chapter, from being
7739     brought into official establishments.
7740          [(4)] (5) The department shall require that labels and containers for meat and poultry
7741     products:
7742          (a) bear all information required by Section [4-32-13] 4-23-115 if the product leaves
7743     the official establishment; and
7744          (b) be approved before sale or transportation.
7745          [(5)] (6) For official establishments required to be inspected under Subsection [(1)] (2),
7746     the department shall:
7747          (a) prescribe sanitary standards;
7748          (b) require sanitary inspections; and
7749          (c) refuse to provide inspection service if the sanitary conditions allow adulteration of
7750     any meat or poultry product.
7751          [(6)] (7) (a) The department shall require that any person engaged in a business referred
7752     to in Subsection [(6)] (7)(b):
7753          (i) keep accurate records disclosing all pertinent business transactions;
7754          (ii) allow inspection of the business premises at reasonable times and examination of
7755     inventory, records, and facilities; and
7756          (iii) allow samples to be taken.
7757          (b) Subsection [(6)] (7)(a) applies to any person who:

7758          (i) slaughters animals;
7759          (ii) prepares, freezes, packages, labels, buys, sells, transports, or stores any meat or
7760     poultry products for human or animal consumption;
7761          (iii) renders animals; or
7762          (iv) buys, sells, or transports any dead, dying, disabled, or diseased animals, or parts of
7763     their carcasses that died by a method other than slaughter.
7764          [(7)] (8) (a) The department shall:
7765          (i) adopt by reference rules [and regulations] under federal acts with changes that the
7766     commissioner considers appropriate to make the rules [and regulations] applicable to
7767     operations and transactions subject to this chapter; and
7768          (ii) [promulgate] make any other rules considered necessary for the efficient execution
7769     of the provisions of this chapter, including rules of practice providing an opportunity for
7770     hearing in connection with the issuance of orders under Subsection [(5)] (6) or under
7771     Subsection [4-32-8] 4-32-110(1), (2), or (3) and prescribing procedures for proceedings in
7772     these cases.
7773          (b) These procedures do not preclude requiring that a label or container be withheld
7774     from use, or inspection be refused under Subsections [(1) and (5)] (2) and (6), or Subsection
7775     [4-32-8] 4-32-110(3), pending issuance of a final order in the proceeding.
7776          [(8)] (9) (a) To prevent the inhumane slaughtering of animals, inspectors shall be
7777     appointed to examine and inspect methods of handling and slaughtering animals.
7778          (b) Inspection of slaughtering establishments may be refused or temporarily suspended
7779     if animals have been slaughtered or handled by any method not in accordance with the Humane
7780     Methods of Slaughter Act of 1978, Pub. L. No. 95-445.
7781          (c) Before slaughtering an animal in accordance with requirements of Kosher, Halal, or
7782     a religious faith's requirements that discourage stunning of the animal, the person slaughtering
7783     the animal shall file a written request with the commissioner.
7784          [(9)] (10) (a) The department shall require an animal showing symptoms of disease
7785     during antemortem inspection, performed by an inspector appointed for that purpose, to be set

7786     apart and slaughtered separately from other livestock and poultry.
7787          (b) When slaughtered, the carcasses of livestock and poultry are subject to careful
7788     examination and inspection in accordance with rules prescribed by the commissioner.
7789          Section 325. Section 4-32-110, which is renumbered from Section 4-32-8 is
7790     renumbered and amended to read:
7791          [4-32-8].      4-32-110. Discretionary functions, powers, and duties of
7792     commissioner prescribed.
7793          The commissioner may:
7794          (1) remove inspectors from any official establishment that fails to:
7795          (a) destroy condemned products pursuant to Subsection [4-32-7(2)] 4-32-109(3); or
7796          (b) comply with any other of this chapter's requirements;
7797          (2) refuse to provide inspection for any official establishment for any cause specified in
7798     Section 401 of the Federal Meat Inspection Act or Section 18 of the federal Poultry Products
7799     Inspection Act;
7800          (3) withhold the use of labels and containers if the labeling is false or misleading or the
7801     containers are misleading in size or form;
7802          (4) prescribe the type size and style to be used for labeling:
7803          (a) information;
7804          (b) definitions; and
7805          (c) standards of identity, composition, or container fill;
7806          (5) prescribe conditions for the storage and handling of meat and poultry products by
7807     any person who sells, freezes, stores, or transports these products to prevent them from
7808     becoming adulterated or misbranded;
7809          (6) require that equines be slaughtered and prepared in official establishments separate
7810     from those where other animals are slaughtered or their products are prepared;
7811          (7) require that the following people register the name and address of each place of
7812     business and all trade names:
7813          (a) broker;

7814          (b) renderer;
7815          (c) animal food manufacturer;
7816          (d) wholesaler;
7817          (e) public warehouseman of meat or poultry products; or
7818          (f) anyone engaged in the business of buying, selling, or transporting any:
7819          (i) dead, dying, disabled, or diseased animals; or
7820          (ii) parts of animal carcasses that died other than by slaughter;
7821          (8) make inspections of official establishments at night, as well as during the day, if
7822     animals or meat and poultry products are slaughtered and prepared for commercial purposes in
7823     those establishments at night;
7824          (9) divide the state into inspection districts and designate killing days and partial
7825     killing days for each official establishment;
7826          (10) cooperate with the Secretary of Agriculture of the United States in the
7827     administration of this chapter and accept federal assistance and use funds appropriated for the
7828     administration of this chapter to pay the state's proportionate share of the cooperative program;
7829          (11) recommend the names of officials and employees of the department to the
7830     Secretary of Agriculture of the United States for appointment to the advisory committees
7831     provided for in the federal acts;
7832          (12) serve as the representative of the governor for consultation with the Secretary of
7833     Agriculture under paragraph (c) of Section 301 of the Federal Meat Inspection Act and Section
7834     5(c) of the federal Poultry Products Inspection Act, unless the governor selects another
7835     representative; and
7836          (13) exempt from inspection:
7837          (a) the slaughter and processing of an animal by any person who raises an animal for
7838     the person's own use, members of the person's household, employees, or nonpaying guests;
7839          (b) custom exempt slaughter and processing operations;
7840          (c) farm custom slaughter performed by a licensee; and
7841          (d) any other operation, if the exemption:

7842          (i) furthers the purposes of this chapter; and
7843          (ii) conforms to federal acts.
7844          Section 326. Section 4-32-111, which is renumbered from Section 4-32-9 is
7845     renumbered and amended to read:
7846          [4-32-9].      4-32-111. Additional powers of commissioner.
7847          (1) The commissioner may:
7848          (a) gather and compile information concerning, and[, to] investigate the organization,
7849     business, conduct, practices, and management of, any person subject to this chapter;
7850          (b) require any person subject to this chapter to file information regarding the person's
7851     business or operation as the commissioner requires;
7852          (c) for the purpose of this chapter, at all reasonable times have access to, for the
7853     purpose of examination, and the right to copy, any documentary evidence[,] of any person
7854     being investigated or proceeded against, and may require by subpoena the attendance and
7855     testimony of witnesses and the production of all documentary evidence of any person relating
7856     to any matter under investigation;
7857          (d) require the attendance of witnesses and the production of documentary evidence at
7858     any place designated for hearing; [in case of disobedience to a subpoena, the commissioner
7859     may]
7860          (e) invoke the aid of any court of competent jurisdiction to compel the attendance of
7861     witnesses and the production of documentary evidence , in the case of disobedience to a
7862     subpoena ; and
7863          [(e)] (f) order testimony to be taken by deposition in any proceeding or investigation
7864     pending under this chapter at any stage of the proceeding or investigation[; the depositions may
7865     be taken before any person with power to administer oaths designated by the commissioner,
7866     and the testimony shall be reduced to writing by the person taking the deposition, or under his
7867     direction and shall then be subscribed by the deponent].
7868          (2) In the event a witness asserts a privilege against self-incrimination, testimony and
7869     evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of

7870     Immunity.
7871          (3) (a) (i) Any person who without just cause neglects or refuses to attend and testify or
7872     to answer any lawful inquiry, or to produce documentary evidence, if in [his] the person's
7873     power to do so, in obedience to the subpoena or lawful requirement of the commissioner is
7874     guilty of a class A misdemeanor. [Any]
7875          (ii) A fine imposed for a violation of Subsection (3)(a)(i) may not be less than $500.
7876          [(b) Any person that]
7877          (b) (i) A person is guilty of a class A misdemeanor if the person:
7878          (A) willfully makes, or causes to be made, any false entry or statement of fact in any
7879     report required to be made under this chapter[, or that];
7880          (B) willfully makes, or causes to be made, any false entry in any account, record, or
7881     memorandum kept by any person subject to this chapter[, or that];
7882          (C) neglects or fails to make, or to cause to be made, full, true, and correct entries in
7883     those accounts, records, or memoranda, of all facts and transactions appertaining to the
7884     business of that person; or [that]
7885          (D) willfully removes out of the jurisdiction of this state, or willfully mutilates, alters,
7886     or by any other means falsifies any documentary evidence of any person subject to this chapter
7887     or that willfully refuses to submit to the commissioner or to any of the commissioner's
7888     authorized agents, for the purpose of inspection and making copies, any documentary evidence
7889     of any person subject to this chapter within the person's possession or control [is guilty of a
7890     class A misdemeanor. Any].
7891          (ii) A fine imposed for a violation of Subsection (3)(b)(i) may not be less than $500.
7892          (c) (i) If any person required by this chapter to file any annual or special report fails to
7893     do so within the time fixed by the commissioner, and the failure continues for 30 days after
7894     notice of default, the person shall forfeit to the state the sum of $10 for each day of the
7895     continuance of the failure, which forfeiture is payable into the treasury of this state, and is
7896     recoverable in a civil suit in the name of the state brought in the district where the person has a
7897     principal office or in any district in which he does business.

7898          (ii) The various county attorneys, under the direction of the attorney general of this
7899     state, shall prosecute for the recovery of the forfeitures.
7900          (iii) The costs and expenses of prosecution shall be paid out of the appropriation for
7901     the expenses of the courts of this state.
7902          Section 327. Section 4-32-112, which is renumbered from Section 4-32-10 is
7903     renumbered and amended to read:
7904          [4-32-10].      4-32-112. Judicial review of orders enforcing chapter.
7905          (1) Any party aggrieved by an order issued under Subsection [4-32-7(3)] 4-32-109(4)
7906     or under Subsection [4-32-8] 4-32-110(1), (2), or (3) may obtain judicial review.
7907          (2) The district courts have jurisdiction to enforce this chapter, and to prevent and
7908     restrain violations of this chapter, and have jurisdiction in all other kinds of cases arising under
7909     this chapter.
7910          (3) All proceedings for the enforcement of this chapter, or to restrain violations of this
7911     chapter, shall be by and in the name of this state.
7912          Section 328. Section 4-32-113, which is renumbered from Section 4-32-11 is
7913     renumbered and amended to read:
7914          [4-32-11].      4-32-113. Preparation and slaughter of livestock, poultry, or
7915     livestock and poultry products -- Adulterated or misbranded products -- Violation of rule
7916     or order.
7917          (1) An animal or meat or poultry product that may be used for human consumption
7918     shall not be:
7919          (a) slaughtered or prepared unless it is done in compliance with this chapter's
7920     requirements;
7921          (b) sold, transported, offered for sale or transportation, or received for transportation, if
7922     it is adulterated or misbranded, unless it has been inspected and approved; or
7923          (c) subjected to any act while being transported or held for sale after transportation
7924     resulting in one of the products becoming adulterated or being misbranded.
7925          (2) A person may not violate any rule or order of the commissioner under Subsection

7926     [4-32-7(3) or (6)] 4-32-109(4) or (7), or Subsection [4-32-8] 4-32-110(3), (5), or (7).
7927          Section 329. Section 4-32-114, which is renumbered from Section 4-32-12 is
7928     renumbered and amended to read:
7929          [4-32-12].      4-32-114. Unauthorized use or possession of official devices, labels,
7930     marks, or certificates -- False statements, misrepresentations, and trade secrets.
7931          (1) A person may not cast, print, lithograph, or make any device or label containing or
7932     bearing any official mark or simulation of a mark, or any form or simulation of an official
7933     certificate, unless authorized by the commissioner.
7934          (2) A person may not:
7935          (a) forge any official device, mark, or certificate;
7936          (b) use any official device, mark, or certificate without the authorization of the
7937     commissioner;
7938          (c) alter, detach, deface, or destroy any official device, mark, or certificate;
7939          (d) fail to use, detach, deface, or destroy any official device, mark, or certificate as
7940     required by this chapter;
7941          (e) knowingly possess any of the following, if it bears any unauthorized, counterfeit,
7942     simulated, forged, or altered official mark:
7943          (i) an official device;
7944          (ii) a counterfeit, simulated, forged, or altered official certificate;
7945          (iii) a device;
7946          (iv) a label;
7947          (v) a carcass of any animal, including poultry; or
7948          (vi) a part or product of any animal, including poultry;
7949          (f) knowingly make any false statement in any shipper's certificate, or nonofficial or
7950     official certificate;
7951          (g) knowingly represent that any meat or poultry product has been inspected and
7952     approved, or exempted, under this chapter when, in fact, it has not; or
7953          (h) use to the person's advantage or reveal any information acquired under the authority

7954     of this chapter relating to any matter entitled to protection as a trade secret unless the
7955     information is:
7956          (i) revealed to an authorized government representative; or
7957          (ii) ordered by a court in a judicial proceeding.
7958          Section 330. Section 4-32-115, which is renumbered from Section 4-32-13 is
7959     renumbered and amended to read:
7960          [4-32-13].      4-32-115. Meat or poultry products to be marked or labeled -- Meat
7961     or poultry products not intended for human food -- Dead, dying, disabled, or diseased
7962     animals.
7963          (1) A person may not sell, transport, offer for sale or transportation, or receive for
7964     transportation, any animal carcasses or parts of such carcasses, or the meat or meat products,
7965     unless they are plainly and conspicuously marked or labeled or otherwise identified as required
7966     by rules adopted by the department to show the kinds of animals from which they were derived.
7967          (2) A person may not buy, sell, transport, or offer for sale or transportation, or receive
7968     for transportation any meat or poultry products that are not intended for human food unless
7969     they are denatured or otherwise identified as required by the rules of the department or are
7970     naturally inedible by humans.
7971          (3) A person engaged in the business of buying, selling, or transporting dead, dying,
7972     disabled, or diseased animals, or any parts of the carcasses of any animals that died otherwise
7973     than by slaughter, may not buy, sell, transport, offer for sale or transportation, or receive for
7974     transportation the animals or parts of carcasses unless the transaction or transportation is made
7975     in accordance with rules adopted by the department to assure that the animals or parts of
7976     carcasses will be prevented from being used for human food.
7977          Section 331. Section 4-32-116, which is renumbered from Section 4-32-14 is
7978     renumbered and amended to read:
7979          [4-32-14].      4-32-116. Attempt to bribe state officer or employee -- Acceptance
7980     of bribe -- Interference with official duties -- Penalties.
7981          (1) (a) [Any] A person who gives, pays, or offers, directly or indirectly, any money or

7982     other thing of value, to any officer or employee of this state who is authorized to perform any
7983     duties under this chapter, with the intent to influence the officer or employee in the discharge
7984     of [his] the officer's or employee's duty, is guilty of a felony of the third degree, and upon
7985     conviction, shall be punished by a fine of not more than $5,000 or imprisonment of not more
7986     than five years, or both.
7987          (b) An officer or employee of this state authorized to perform duties under this chapter
7988     who accepts money, a gift, or other thing of value from any person given with intent to
7989     influence [his] the officer's or employee's official action, is guilty of a felony of the third degree
7990     and shall, upon conviction, be discharged from office, and fined in an amount of not more than
7991     $5,000, or imprisoned for not more than five years, or both.
7992          (2) (a) [Any] A person who assaults, obstructs, impedes, intimidates, or interferes with
7993     any person engaged in the performance of official duties under this chapter, with or without a
7994     dangerous or deadly weapon, is guilty of a felony of the third degree and upon conviction shall
7995     be punished by a fine of not more than $5,000, or by imprisonment of not more than five years,
7996     or both.
7997          (b) [Any] A person who, in the commission of any violation of Subsection (2) of this
7998     section, uses a dangerous weapon as defined in Section 76-1-601, is guilty of a felony of the
7999     second degree and upon conviction shall be punished by a fine of not more than $10,000, or by
8000     imprisonment for a period of not more than 10 years, or both.
8001          (c) [Any] A person who kills another person engaged in the performance of official
8002     duties under this chapter shall be punished as provided in Section 76-5-202.
8003          Section 332. Section 4-32-117, which is renumbered from Section 4-32-15 is
8004     renumbered and amended to read:
8005          [4-32-15].      4-32-117. Inspection of products placed in containers -- Supervision
8006     of inspector -- Access to establishment.
8007          (1) [No] An inspection of products placed in any container at any official establishment
8008     [shall be deemed] may not be considered to be complete until the products are sealed or
8009     enclosed under the supervision of an inspector.

8010          (2) For purposes of any inspection of products required by this chapter, inspectors
8011     authorized by the department shall have access at all times to every part of every establishment
8012     required to have inspection whether the establishment is operated or not.
8013          Section 333. Section 4-32-118, which is renumbered from Section 4-32-16 is
8014     renumbered and amended to read:
8015          [4-32-16].      4-32-118. Detention of animals or meat or poultry products --
8016     Removal of official marks.
8017          (1) Whenever any meat or poultry product or any product exempted from the definition
8018     of a meat or poultry product, or any dead, dying, disabled, or diseased animal, is found by any
8019     authorized representative of the commissioner, and there is reason to believe that it is
8020     adulterated or misbranded and is capable of use as human food, or that it has not been
8021     inspected and passed, or that it has been or is intended to be distributed in violation of this
8022     chapter, it may be detained by the representative pending action under Section [4-32-17]
8023     4-32-119, and may not be moved by any person from the place at which it is located when so
8024     detained, until released by such representative.
8025          (2) All official marks may be required by the representative described in Subsection (1)
8026     to be removed from a product or animal described in Subsection (1) before the product is
8027     released.
8028          Section 334. Section 4-32-119, which is renumbered from Section 4-32-17 is
8029     renumbered and amended to read:
8030          [4-32-17].      4-32-119. Quarantine authorized -- Conditions giving rise to
8031     quarantine.
8032          (1) [Any] A meat or poultry product, or [any] a dead, dying, disabled, or diseased
8033     animal that is being transported or is held for sale in this state, [and that] shall be seized and
8034     quarantined if it:
8035          (a) is or has been prepared, sold, transported, or otherwise distributed or offered or
8036     received for distribution in violation of this chapter;
8037          (b) is capable of use as human food and is adulterated or misbranded; or

8038          (c) in any other way violates this chapter[, shall be seized and quarantined].
8039          (2) Quarantined animals or products shall be condemned and destroyed, except that the
8040     owner of the quarantined animals or products may request a hearing within five days, and the
8041     commissioner shall, within five days after the request, conduct a hearing to decide whether the
8042     quarantined animals