1     
AGRICULTURE MODIFICATIONS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike K. McKell

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Agriculture 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          ▸     modifies the labeling requirements for commercial feed;
22          ▸     authorizes the Department of Agriculture and Food to deny, revoke, or suspend a
23     pesticide applicator license;
24          ▸     modifies the membership of the State Weed Committee;
25          ▸     authorizes the Agricultural Advisory Board to create a subcommittee;
26          ▸     modifies the length of time a domesticated elk facility shall maintain records;
27          ▸     authorizes the Department of Agriculture and Food to set a fee for the application of
28     an industrial hemp certificate; and
29          ▸     makes technical and conforming changes.
30     Money Appropriated in this Bill:
31          None
32     Other Special Clauses:
33          None
34     Utah Code Sections Affected:
35     AMENDS:
36          4-5-2, as last amended by Laws of Utah 2007, Chapter 146
37          4-8-4, as last amended by Laws of Utah 2010, Chapter 324
38          4-11-2, as last amended by Laws of Utah 2014, Chapter 411
39          4-11-4, as last amended by Laws of Utah 2010, Chapter 73
40          4-11-13, as last amended by Laws of Utah 2010, Chapter 73
41          4-12-2, as last amended by Laws of Utah 2007, Chapter 179
42          4-12-3, as last amended by Laws of Utah 2008, Chapter 382
43          4-12-4, as last amended by Laws of Utah 1985, Chapter 130
44          4-12-5, as last amended by Laws of Utah 2007, Chapter 179
45          4-12-6, as enacted by Laws of Utah 1979, Chapter 2
46          4-12-7, as enacted by Laws of Utah 1979, Chapter 2
47          4-12-8, as enacted by Laws of Utah 1979, Chapter 2
48          4-14-8, as enacted by Laws of Utah 1979, Chapter 2
49          4-18-105, as last amended by Laws of Utah 2016, Chapter 19
50          4-19-3, as last amended by Laws of Utah 2007, Chapter 179
51          4-23-3, as last amended by Laws of Utah 1989, Chapter 109
52          4-24-2, as last amended by Laws of Utah 2010, Chapter 378
53          4-24-11, as last amended by Laws of Utah 1997, Chapter 302
54          4-24-17, as last amended by Laws of Utah 1997, Chapter 302
55          4-31-111, as renumbered and amended by Laws of Utah 2012, Chapter 331
56          4-33-7, as enacted by Laws of Utah 1981, Chapter 8
57          4-39-102, as enacted by Laws of Utah 1997, Chapter 302
58          4-39-201, as last amended by Laws of Utah 2010, Chapter 378
59          4-39-203, as last amended by Laws of Utah 2009, Chapter 183
60          4-39-205, as last amended by Laws of Utah 2010, Chapter 378
61          4-39-206, as last amended by Laws of Utah 2010, Chapter 378
62          4-39-301, as enacted by Laws of Utah 1997, Chapter 302
63          4-39-302, as last amended by Laws of Utah 2010, Chapter 378
64          4-39-305, as last amended by Laws of Utah 2010, Chapter 378
65          4-39-306, as last amended by Laws of Utah 2010, Chapter 378
66          4-39-401, as last amended by Laws of Utah 2014, Chapter 189
67          4-41-103, as enacted by Laws of Utah 2014, Chapter 25
68     REPEALS:
69          4-36-1, as enacted by Laws of Utah 1985, Chapter 191
70          4-36-2, as enacted by Laws of Utah 1985, Chapter 191
71          4-36-3, as last amended by Laws of Utah 1997, Chapter 82
72          4-36-4, as last amended by Laws of Utah 1997, Chapter 82
73          4-36-5, as enacted by Laws of Utah 1985, Chapter 191
74          4-36-6, as enacted by Laws of Utah 1985, Chapter 191
75          4-36-7, as enacted by Laws of Utah 1985, Chapter 191
76     

77     Be it enacted by the Legislature of the state of Utah:
78          Section 1. Section 4-5-2 is amended to read:
79          4-5-2. Definitions.
80          As used in this chapter:
81          (1) "Advertisement" means a representation, other than by labeling, made to induce the
82     purchase of food.
83          (2) (a) "Color additive" means a dye, pigment, or other substance not exempted under
84     the federal act that, when added or applied to a food, is capable of imparting color. "Color"
85     includes black, white, and intermediate grays.
86          (b) "Color additive" does not include a pesticide chemical, soil or plant nutrient, or
87     other agricultural chemical which imparts color solely because of its effect, before or after
88     harvest, in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or other
89     natural physiological process of any plant life.
90          (3) (a) "Consumer commodity" means a food, as defined by this act, or by the federal
91     act.
92          (b) "Consumer commodity" does not include:
93          (i) a commodity subject to packaging or labeling requirements imposed under the
94     Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Sec. 136 et seq.;
95          (ii) a commodity subject to Title 4, Chapter 16, Utah Seed Act;
96          (iii) a meat or meat product subject to the Federal Meat Inspection Act, 21 U.S.C. Sec.
97     601 et seq.;
98          (iv) a poultry or poultry product subject to the Poultry Inspection Act, 21 U.S.C. Sec.
99     451 et seq.;
100          (v) a tobacco or tobacco product; or
101          (vi) a beverage subject to or complying with packaging or labeling requirements
102     imposed under the Federal Alcohol Administration Act, 27 U.S.C. Sec. 201 et seq.
103          (4) "Contaminated" means not securely protected from dust, dirt, or foreign or
104     injurious agents.
105          (5) "Farmers market" means a market where producers of food products sell only fresh,
106     raw, whole, unprocessed, and unprepared food items directly to the final consumer.
107          (6) "Federal act" means the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301
108     et seq.
109          (7) "Food" means:
110          (a) an article used for food or drink for human or animal consumption or the
111     components of the article;
112          (b) chewing gum or its components; or
113          (c) a food supplement for special dietary use which is necessitated because of a
114     physical, physiological, pathological, or other condition.
115          (8) (a) "Food additive" means a substance, the intended use of which results in the
116     substance becoming a component, or otherwise affecting the characteristics, of a food. "Food
117     additive" includes a substance or source of radiation intended for use in producing,
118     manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding
119     food.
120          (b) "Food additive" does not include:
121          (i) a pesticide chemical in or on a raw agricultural commodity;
122          (ii) a pesticide chemical that is intended for use or is used in the production, storage, or
123     transportation of a raw agricultural commodity; or
124          (iii) a substance used in accordance with a sanction or approval granted pursuant to the
125     Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq. or the Federal Meat Inspection Act,
126     21 U.S.C. Sec. 601 et seq.
127          (9) (a) "Food establishment" means a grocery store, bakery, candy factory, food, farm,
128     processor, bottling plant, sugar factory, cannery, rabbit processor, meat processor, flour mill,
129     cold or dry warehouse storage, or other facility where food products are grown, manufactured,
130     canned, processed, packaged, stored, transported, prepared, sold, or offered for sale.
131          (b) "Food establishment" does not include:
132          (i) a dairy farm, a dairy plant, or a meat establishment, which is subject to the Poultry
133     Products Inspection Act, 21 U.S.C. Sec. 451 et seq., or the Federal Meat Inspection Act, 21
134     U.S.C. Sec. 601 et seq.; or
135          (ii) a farmers market.
136          (10) "Label" means a written, printed, or graphic display on the immediate container of
137     an article of food. The department may require that a label contain specific written, printed, or
138     graphic information which is:
139          (a) displayed on the outside container or wrapper of a retail package of an article; or
140          (b) easily legible through the outside container or wrapper.
141          (11) "Labeling" means a label and other written, printed, or graphic display:
142          (a) on an article of food or its containers or wrappers; or
143          (b) accompanying the article of food.
144          (12) "Official compendium" means the official documents or supplements to the:
145          (a) United States Pharmacopoeia;
146          (b) National Formulary; or
147          (c) Homeopathic Pharmacopoeia of the United States.
148          (13) (a) "Package" means a container or wrapping in which a consumer commodity is
149     enclosed for use in the delivery or display of the consumer commodity to retail purchasers.
150          (b) "Package" does not include:
151          (i) package liners;
152          (ii) shipping containers or wrapping used solely for the transportation of consumer
153     commodities in bulk or in quantity to manufacturers, packers, processors, or wholesale or retail
154     distributors; or
155          (iii) shipping containers or outer wrappings used by retailers to ship or deliver a
156     consumer commodity to retail customers, if the containers and wrappings bear no printed
157     information relating to the consumer commodity.
158          (14) (a) "Pesticide" means a substance intended:
159          (i) to prevent, destroy, repel, or mitigate a pest, as defined under Subsection
160     4-14-2(20); or
161          (ii) for use as a plant regulator, defoliant, or desicant.
162          (b) "Pesticide" does not include:
163          (i) a new animal drug, as defined by 21 U.S.C. Sec. 321, that has been determined by
164     the United States Secretary of Health and Human Services not to be a new animal drug by
165     federal regulation establishing conditions of use of the drug; or
166          (ii) animal feed, as defined by 21 U.S.C. Sec. 321, bearing or containing a new animal
167     drug.
168          (15) "Principal display panel" means that part of a label that is most likely to be
169     displayed, presented, shown, or examined under normal and customary conditions of display
170     for retail sale.
171          (16) "Raw agricultural commodity" means a food in its raw or natural state, including
172     all fruits that are washed, colored, or otherwise treated in their unpeeled, natural form prior to
173     marketing.
174          (17) "Registration" means the issuance of a certificate by the commissioner to a
175     qualified food establishment.
176          Section 2. Section 4-8-4 is amended to read:
177          4-8-4. Department functions, powers, and duties.
178          [The department has and shall exercise the following functions, powers, and duties, in]
179     In addition to [those] the duties specified in Chapter 1, Short Title and General Provisions, the
180     department has the following functions, powers, and duties:
181          (1) general supervision over the marketing, sale, trade, advertising, storage, and
182     transportation practices, used in buying and selling products of agriculture in Utah;
183          (2) conduct and publish surveys and statistical analyses with its own resources or with
184     the resources of others through contract, regarding the cost of production for products of
185     agriculture, including transportation, processing, storage, advertising, and marketing costs;
186     regarding market locations, demands, and prices for such products; and regarding market
187     forecasts;
188          (3) assist and encourage producers of products of agriculture in controlling current and
189     prospective production and market deliveries in order to stabilize product prices at prices
190     which assure reasonable profits for producers and at the same time ensure adequate market
191     supplies; [and]
192          (4) actively solicit input from the public and from interested groups or associations,
193     through public hearings or otherwise, to assist in making fair determinations with respect to the
194     production, marketing, and consumption of products of agriculture[.]; and
195          (5) making rules, in accordance with Title 63G, Chapter 3, Utah Administrative
196     Rulemaking Act, in regard to "Utah's Own," a program dedicated to the promotion of locally
197     produced products of agriculture.
198          Section 3. Section 4-11-2 is amended to read:
199          4-11-2. Definitions.
200          As used in this chapter:
201          (1) "Abandoned apiary" means any apiary[: (a)] to which the owner or operator fails to
202     give reasonable and adequate attention during a given year[, with the result that the welfare of a
203     neighboring colony is jeopardized; or] as determined by the department.
204          [(b) that is not properly identified in accordance with this chapter.]
205          (2) "Apiary" means any place where one or more colonies of bees are located.
206          (3) "Apiary equipment" means hives, supers, frames, veils, gloves, or other equipment
207     used to handle or manipulate bees, honey, wax, or hives.
208          (4) "Appliance" means any apparatus, tool, machine, or other device used to handle or
209     manipulate bees, wax, honey, or hives.
210          (5) "Bee" means the common honey bee, Apis mellifera, at any stage of development.
211          (6) (a) "Beekeeper" means a person who keeps bees [in order to:].
212          [(i) collect honey and beeswax;]
213          [(ii) pollinate crops; or]
214          [(iii) produce bees for sale to other beekeepers.]
215          (b) "Beekeeper" includes an [apiarists] apiarist.
216          (7) "Colony" means an aggregation of bees in any type of hive that includes queens,
217     workers, drones, or brood.
218          (8) "Disease" means any infectious or contagious disease affecting bees, as specified by
219     the department, including American foulbrood.
220          (9) "Hive" means a frame hive, box hive, box, barrel, log, gum skep, or other artificial
221     or natural receptacle that may be used to house bees.
222          (10) "Package" means any number of bees in a bee-tight container, with or without a
223     queen, and without comb.
224          (11) "Parasite" means an organism that parasitizes any developmental stage of a bee.
225          (12) "Pest" means an organism that:
226          (a) inflicts damage to a bee or bee colony directly or indirectly; or
227          (b) may damage apiary equipment in a manner that is likely to have an adverse affect
228     on the health of the colony or an adjacent colony.
229          (13) "Raise" means:
230          (a) to hold a colony of bees in a hive for the purpose of pollination, honey production,
231     study, or similar purpose; and
232          (b) when the person holding a colony, holds the colony or a package of bees in the state
233     for a period of time exceeding 30 days.
234          (14) "Terminal disease" means a pest, parasite, or pathogen that will kill an occupant
235     colony or subsequent colony on the same equipment.
236          Section 4. Section 4-11-4 is amended to read:
237          4-11-4. Bee raising -- Registration required -- Application -- Fees -- Renewal --
238     Wax-salvage plants -- License required -- Application -- Fees -- Renewal.
239          (1) [(a) ] A person may not raise bees in this state without being registered with the
240     department.
241          [(b)] (2) Application for registration to raise bees shall be made to the department upon
242     tangible or electronic forms prescribed and furnished by the department, within 30 days after
243     the person:
244          [(i)] (a) takes possession of the bees; or
245          [(ii)] (b) moves the bees into the state.
246          [(c)] (3) Nothing in Subsection [(1)(b)] (2) limits the requirements of Section 4-11-11.
247          [(d)] (4) An application in accordance with this chapter shall specify:
248          [(i)] (a) the name and address of the applicant;
249          [(ii)] (b) the number of bee colonies owned by the applicant at the time of the
250     application that will be present in the state for a period exceeding 30 days; and
251          [(iii)] (c) any other relevant information the department considers appropriate.
252          [(e)] (5) Upon receipt of a proper application and payment of an annual registration fee
253     determined by the department pursuant to Subsection 4-2-2(2), the commissioner shall issue a
254     registration to the applicant valid through December 31 of the year in which the registration is
255     issued, subject to suspension or revocation for cause.
256          [(f)] (6) A bee registration is renewable for a period of one year upon the payment of
257     an annual registration renewal fee as determined by the department pursuant to Subsection
258     4-2-2(2).
259          [(g)] (7) Registration shall be renewed on or before December 31 of each year.
260          [(2) (a) A person may not operate a wax-salvage plant without a license issued by the
261     department.]
262          [(b) Application for a license to operate a wax-salvage plant shall be made to the
263     department upon tangible or electronic forms prescribed and furnished by the department.]
264          [(c) The application shall specify such information as the department considers
265     appropriate.]
266          [(d) Upon receipt of a proper application and payment of a license fee as determined by
267     the department pursuant to Subsection 4-2-2(2), the commissioner, if satisfied that the
268     convenience and necessity of the industry and the public will be served, shall issue a license
269     entitling the applicant to operate a wax-salvage plant through December 31 of the year in
270     which the license is issued, subject to suspension or revocation for cause.]
271          [(e) A wax-salvage license is renewable for a period of one year, on or before
272     December 31 of each year, upon the payment of an annual license renewal fee as determined by
273     the department pursuant to Subsection 4-2-2(2).]
274          Section 5. Section 4-11-13 is amended to read:
275          4-11-13. Unlawful acts specified.
276          It is unlawful for a person to:
277          (1) extract honey in any place where bees can gain access either during or after the
278     extraction process;
279          [(2) remove honey or wax, or attempt to salvage, or salvage any hives, apiary
280     equipment, or appliances from a diseased colony, except in a licensed wax-salvage plant,
281     unless specifically authorized by a county bee inspector or the commissioner;]
282          [(3)] (2) maintain any neglected or abandoned hives, apiary equipment, or appliances
283     other than in an enclosure that prohibits the entrance of bees;
284          [(4)] (3) raise bees without being registered with the department;
285          [(5) operate a wax-salvage plant without a license;]
286          [(6) store an empty hive body, apiary equipment, or appliances in a manner that may
287     propagate pests, disease, or bee feeding frenzy; or]
288          [(7)] (4) knowingly sell a colony, apiary equipment, or appliances that are inoculated
289     with terminal disease pathogens[.]; or
290          (5) create a feeding frenzy.
291          Section 6. Section 4-12-2 is amended to read:
292          4-12-2. Definitions.
293          As used in this chapter:
294          (1) "Adulterated commercial feed" means any commercial feed:
295          (a) (i) that contains any poisonous or deleterious substance that may render it injurious
296     to health;
297          (ii) that contains any added poisonous, added deleterious, or added nonnutritive
298     substance that is unsafe within the meaning of 21 U.S.C. Sec. 346, other than a pesticide
299     chemical in or on a raw agricultural commodity or a food additive;
300          (iii) that contains any food additive or color additive that is unsafe within the meaning
301     of 21 U.S.C. Sec. 348 or 379e;
302          (iv) that contains a pesticide chemical in or on a raw agricultural commodity which is
303     unsafe within the meaning of 21 U.S.C. Sec. 346a unless it is used in or on the raw agricultural
304     commodity in conformity with an exemption or tolerance prescribed under 21 U.S.C. Sec. 346a
305     and is subjected to processing such as canning, cooking, freezing, dehydrating, or milling, so
306     that the residue, if any, of the pesticide chemical in or on such processed feed is removed to the
307     extent possible through good manufacturing practices as prescribed by rules of the department
308     so that the concentration of the residue in the processed feed is not greater than the tolerance
309     prescribed for the raw agricultural commodity in 21 U.S.C. Sec. 346a;
310          (v) that contains viable weed seeds in amounts exceeding limits established by rule of
311     the department; [or]
312          (vi) that contains a drug that does not conform to good manufacturing practice as
313     prescribed by federal regulations promulgated under authority of the Federal Food, Drug, and
314     Cosmetic Act, 21 U.S.C. Sec. 301 et seq., for medicated feed premixes and for medicated feeds
315     unless the department determines that such regulations are not appropriate to the conditions
316     that exist in this state; [or]
317          (vii) that consists, in whole or in part, of any filthy, putrid, or decomposed substance,
318     or is otherwise unfit for feed; or
319          (viii) that has been prepared, packed, or held under unsanitary conditions so that the
320     feed may have become contaminated with filth or otherwise rendered injurious to health; or
321          (b) that has a valuable constituent omitted or abstracted from it, in whole or in part, or
322     its composition or quality falls below or differs from that represented on its label or in labeling.
323          (2) "Brand name" means any word, name, symbol, or device [that identifies the
324     distributor or registrant of a commercial feed.] or combination of word, name, symbol or
325     device:
326          (a) identifying the commercial feed of a distributor or registrant; and
327          (b) distinguishing the commercial feed from the commercial feed of others.
328          (3) (a) ["Commercial] Subject to Subsection (3)(b), "commercial feed" means all
329     materials, except unadulterated whole unmixed seeds or unadulterated physically altered entire
330     unmixed seeds, that are distributed for use as feed or for mixing in feed[; provided, that the].
331          (b) The department may exempt from [this] the definition in Subsection (3)(a) by rule[,
332     or from specific sections of this chapter, commodities such as] commodities like hay, straw,
333     stover, silage, cobs, husks, hulls, and individual chemical compounds or substances if the
334     commodities, compounds, or substances are not:
335          (i) inter-mixed or mixed with other materials[,]; and [are not]
336          (ii) adulterated within the meaning of Subsection (1)(a).
337          (4) "Contract feeder" means a person:
338          (a) who is an independent contractor;
339          (b) who feeds commercial feed to an animal pursuant to the terms of a contract;
340          (c) to whom commercial feed is supplied, furnished, or otherwise provided to pursuant
341     to the terms of a contract; and
342          (d) whose renumeration is determined in whole or in part by feed consumption,
343     mortality, profit, or amount or quality of product.
344          [(4)] (5) "Customer-formula feed" means commercial feed that consists of a mixture of
345     commercial feeds or feed ingredients, each batch of which is manufactured according to the
346     specific instructions of the final purchaser.
347          [(5)] (6) "Distribute" means to:
348          (a) offer for sale, sell, exchange, or barter commercial feed; or
349          (b) supply, furnish, or otherwise provide commercial feed to a contract feeder.
350          [(6)] (7) "Drug" means any article intended for use in the diagnosis, cure, mitigation,
351     treatment, or prevention of disease in animals other than man and articles other than feed
352     intended to affect the structure or any function of the animal body.
353          [(7)] (8) "Feed ingredient" means each constituent material in a commercial feed.
354          [(8)] (9) "Label" means any written, printed, or graphic matter upon or accompanying a
355     commercial feed.
356          [(9)] (10) "Manufacture" means to grind, mix, blend, or otherwise process a
357     commercial feed for distribution.
358          [(10)] (11) "Mineral feed" means a commercial feed intended to supply primarily
359     mineral elements or inorganic nutrients.
360          [(11)] (12) "Misbranded" means any commercial feed, whether in a container or in
361     bulk, that:
362          (a) bears a label that is false or misleading in any particular, [or that] if the commercial
363     feed is distributed under the name of another commercial feed; or
364          (b) bears a label that does not strictly conform to the labeling requirements of Section
365     4-12-5.
366          [(12)] (13) "Official sample" means a sample of commercial feed taken by the
367     department in accordance with this chapter and designated as "official."
368          [(13)] (14) "Percent" or "percentage" means percentage by weight.
369          (15) "Pet" means a domesticated dog or cat.
370          (16) "Pet food" means a commercial feed prepared and distributed for consumption by
371     a pet.
372          (17) "Product name" means the name of the commercial feed that:
373          (a) identifies the commercial feed as to kind, class, or specific use; and
374          (b) distinguishes the commercial feed from all other products bearing the same brand
375     name.
376          (18) "Quantity statement" means the net weight in mass, liquid measurement, or count.
377          (19) "Specialty pet" means any domesticated animal normally maintained in a cage or
378     tank, such as a gerbil, hamster, canary, psittacine bird, mynah, finch, tropical fish, goldfish,
379     snake, or turtle.
380          (20) "Specialty pet food" means a commercial feed prepared and distributed for
381     consumption by a specialty pet.
382          [(14)] (21) "Ton" means a net weight of 2,000 pounds avoirdupois.
383          Section 7. Section 4-12-3 is amended to read:
384          4-12-3. Department authorized to make and enforce rules -- Cooperation with
385     state and federal agencies authorized.
386          (1) The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
387     Rulemaking Act, to make and enforce [such rules as in its judgment are necessary] rules to
388     administer and enforce this chapter and may cooperate with, or enter into agreements with,
389     other agencies of this state, other states, and agencies of the United States in the administration
390     and enforcement of this chapter.
391          (2) In the interest of uniformity, the department shall by rule adopt the following,
392     unless the department determines that they are inconsistent with the provisions of this chapter
393     or are not appropriate to conditions that exist in this state:
394          (a) the Official Definitions of Feed Ingredients and Official Feed Terms adopted by the
395     Association of American Feed Control Officials and published in the official publication of
396     that organization; and
397          (b) any federal regulation made pursuant to the authority of the Federal Food, Drug,
398     and Cosmetic Act, U.S.C. Sec. 301 et seq., so long as the department would have the authority
399     under this chapter to make a corresponding rule.
400          Section 8. Section 4-12-4 is amended to read:
401          4-12-4. Distribution of commercial and customer-formula feed -- Registration or
402     permit required -- Application -- Fees -- Expiration -- Renewal.
403          (1) (a) No person may distribute a commercial feed in this state which is not registered
404     with the department.
405          (b) Application for registration shall be made to the department upon forms prescribed
406     and furnished by it accompanied with an annual registration fee, determined by the department
407     pursuant to Subsection 4-2-2(2), for each brand name of commercial feed registered.
408          (c) Upon receipt of a proper application and payment of the appropriate fee, the
409     commissioner shall issue a registration to the applicant allowing the applicant to distribute the
410     registered commercial feed in this state through December 31 of the year in which the
411     registration is issued, subject to suspension or revocation for cause.
412          (2) (a) Subject to Subsection (2)(b), the department may:
413          (i) refuse registration to any commercial feed found not to be in compliance with the
414     provisions of this chapter; and
415          (ii) cancel any registration found to not be in compliance with any provision of this
416     chapter.
417          (b) No registration shall be refused or canceled unless the department gives the
418     registrant an opportunity to:
419          (i) be heard before the department; and
420          (ii) amend the registrant's application in order to comply with the requirements of this
421     chapter.
422          [(2)] (3) (a) A person who distributes customer-formula feed is not required to register
423     such feed, but is required to obtain a [permit] license from the department before distribution.
424          (b) Application for a customer-formula feed distribution [permit] license shall be made
425     to the department upon forms prescribed and furnished by [it] the department accompanied
426     with an annual [permit] license fee determined by the department pursuant to Subsection
427     4-2-2(2).
428          (c) Upon receipt by the department of a proper application and payment of the
429     appropriate fee as prescribed by the department, the commissioner shall issue a [permit] license
430     to the applicant allowing the applicant to distribute customer-formula feed in this state through
431     December 31 of the year in which the [permit] license is issued, subject to suspension or
432     revocation for cause.
433          [(3)] (4) (a) Each registration is renewable for a period of one year upon the payment of
434     an annual registration renewal fee in an amount equal to the current applicable original
435     registration fee.
436          (b) Each renewal fee shall be paid on or before December 31 of each year.
437          [(4)] (5) (a) A customer-formula feed [permit] license is renewable for a period of one
438     year upon the payment of an annual [permit] license renewal fee in an amount equal to the
439     current applicable original [permit] license fee.
440          (b) Each [permit] license renewal fee shall be paid on or before December 31 of each
441     year.
442          Section 9. Section 4-12-5 is amended to read:
443          4-12-5. Labeling requirements for commercial and customer-formula feed
444     specified.
445          (1) Each container of commercial feed, except customer-formula feed, distributed in
446     this state shall bear a label setting forth:
447          (a) the name and principal mailing address of the manufacturer, distributor, or
448     registrant;
449          (b) the product or brand name, if any, under which [it] the commercial feed is
450     distributed;
451          (c) the [feed ingredients] common name of each feed ingredient used in the
452     commercial feed stated in the manner prescribed by rule of the department;
453          (d) the guaranteed analysis of the feed, expressed on an as-is basis:
454          (i) stated in terms that shall advise the user of the feed of the composition of the feed;
455     or
456          (ii) to support claims made in the labeling;
457          [(d) the net cumulative weight of the container and contents;]
458          (e) a quantity statement for the feed;
459          [(e)] (f) the lot number or some other means of lot identification; [and]
460          (g) adequate directions for safe and effective use; and
461          [(f)] (h) precautionary statements, if necessary, or any information prescribed by rule of
462     the department considered necessary for the safe and effective use of the feed.
463          (2) The department may, in accordance with Title 63G, Chapter 3, Utah Administrative
464     Rulemaking Act, make rules to:
465          (a) authorize a label to use a collective term for a group of ingredients that perform a
466     similar function; and
467          (b) exempt a commercial feed type from the requirements of Subsection (1)(c) if the
468     department makes a finding that a full statement of ingredients is not required in the interest of
469     a consumer.
470          [(2)] (3) (a) Each bulk shipment of commercial feed, except customer-formula feed,
471     distributed in this state shall be accompanied with a printed or written statement specifying the
472     information in [Subsection] Subsections (1)(a) through [(f) of this section] (h).
473          (b) The statement shall be delivered to the purchaser at the time the bulk feed is
474     delivered.
475          [(3)] (4) Each container or bulk shipment of customer-formula feed distributed in this
476     state shall [bear a label or] be accompanied [with an] by a label, invoice, delivery slip, or other
477     shipping document setting forth:
478          (a) the name and principal mailing address of the manufacturer;
479          (b) the name and principal mailing address of the purchaser;
480          (c) the date of delivery;
481          [(d) the net weight of each registered commercial feed used in the mixture and the net
482     weight of each other ingredient used; and]
483          (d) the product name and quantity statement of each commercial feed and, except as
484     provided in Subsection (5), the quantity statement of each ingredient used in the mixture, stated
485     in terms the department determines necessary to advise the user of the composition of the feed
486     or to support claims made on the label;
487          (e) the directions for use and precautionary statements, if applicable; and
488          [(e)] (f) any information prescribed by rule of the department considered necessary for
489     the safe and effective use of the customer-formula feed.
490          (5) If the manufacturer of the customer-formula feed intends to protect a proprietary
491     formula, the information required by Subsection (4)(d) may be substituted for a guaranteed
492     analysis of each nutritional component for which the feed is intended to deliver, stated in terms
493     the department determines to be necessary to advise the user of the composition of the feed.
494          (6) If the customer-formula feed contains a drug, the label shall also include:
495          (a) the purpose of the medication; and
496          (b) the established name of each active drug ingredient and the level of each drug used
497     in the final mixture, expressed by weight, grams per ton, or milligrams per pound.
498          Section 10. Section 4-12-6 is amended to read:
499          4-12-6. Enforcement -- Inspection and samples authorized -- Methods for
500     sampling and analysis prescribed -- Results to be forwarded to registrant or permittee --
501     Warrants.
502          (1) The department:
503          (a) shall periodically sample, inspect, analyze, and test commercial feeds distributed
504     within this state [and may enter any public or private premises or vehicle for the purpose of
505     determining compliance with this chapter. It may also in conjunction with such activities
506     inspect records to determine]; and
507          (b) may enter during normal business hours, within reasonable limits and in a
508     reasonable manner, any factory, warehouse, or establishment in which commercial feed are
509     manufactured, processed, packed, or held for distribution, or enter any vehicle used to transport
510     or hold commercial feed, in order to inspect equipment, finished and unfinished materials,
511     containers, records, and labels in order to determine compliance with this chapter.
512          (2) Methods for sampling and for analyses of feed ingredients, mineral ingredients, or
513     other ingredients, or analyses of commercial feed mixtures (customer-formula feeds) shall be
514     made in accordance with methods published by the Association of Official Analytical Chemists
515     or other generally recognized methods.
516          (3) The department shall be guided by the official sample in determining whether a
517     commercial feed is misbranded, adulterated, or otherwise deficient.
518          (4) (a) The results of all tests of official samples shall be forwarded by the department
519     to the manufacturer, distributer, registrant, or permittee, as the case may be, to the address
520     specified on the container, label, or on the written statement or invoice.
521          (b) In addition to the requirements of Subsection (4)(a), the department shall furnish to
522     the manufacturer, distributer, registrant, or [permittee] licensee part of any official sample
523     [which it] that the department determines is misbranded or adulterated upon written request to
524     the department made by the manufacturer, distributer, registrant, or permittee within 30 days
525     after receipt of the unsatisfactory test results.
526          (5) The department may proceed immediately, if admittance is refused, to obtain an ex
527     parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises
528     for the purpose of making inspections and obtaining samples.
529          Section 11. Section 4-12-7 is amended to read:
530          4-12-7. Suspension or revocation authorized -- Refusal to register or issue permit
531     authorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action --
532     Procedure -- Costs.
533          (1) The department may suspend or revoke the registration or [permit] license,
534     respectively, of any brand name of commercial feed or customer-formula feed, or refuse to
535     register or issue a [permit] license for any brand name or product of commercial feed, upon
536     satisfactory evidence that the manufacturer, distributor, registrant, or permittee has used
537     fraudulent or deceptive practices in the registration of a commercial feed or in the issuance of a
538     [permit] license, or in [its] the commercial feed's distribution in this state.
539          (2) The department may issue a "stop sale, use, or removal order" to the distributor or
540     owner of any designated commercial feed or lot of commercial feed which it finds or has
541     reason to believe is misbranded, adulterated, or is otherwise in violation of this chapter. The
542     order shall be in writing and no commercial feed subject to it shall be moved, offered, or
543     exposed for sale, except upon subsequent written release by the department. Before a release is
544     issued, the department may require the distributor or owner of the "stopped" commercial feed
545     or lot to pay the expense incurred by the department in connection with the withdrawal of the
546     product from the market.
547          (3) The department is authorized in a court of competent jurisdiction to seek an order
548     of seizure or condemnation of a commercial feed which violates this chapter or, upon proper
549     grounds, to obtain a temporary restraining order or permanent injunction to prevent the
550     violation of this chapter. No bond shall be required of the department in an injunctive
551     proceeding brought under this section.
552          (4) If condemnation is ordered, the commercial feed shall be disposed of as the court
553     directs; provided, that in no event shall it order condemnation without giving the registrant or
554     other person an opportunity to apply to the court for permission to relabel, reprocess, or
555     otherwise bring the commercial feed into conformance, or for permission to remove it from the
556     state.
557          (5) If the court orders condemnation, court costs, fees, storage, and other costs shall be
558     awarded against the claimant of the commercial feed.
559          Section 12. Section 4-12-8 is amended to read:
560          4-12-8. Unlawful acts specified.
561          No person in this state shall:
562          (1) manufacture or distribute adulterated or misbranded commercial feed;
563          (2) adulterate or misbrand any commercial feed;
564          (3) distribute agricultural products such as whole seed, hay, straw, stover, silage, cobs,
565     husks, or bulbs which are adulterated;
566          (4) remove or dispose of any commercial feed in violation of a "stop sale, use, or
567     removal order[;" or]";
568          (5) distribute any commercial feed [which] that is not registered or any
569     customer-formula feed [which] that is not subject to [permit.] license; or
570          (6) reuse a bag or tote that had been previously used for commercial feed, including a
571     customer-formula commercial feed, unless:
572          (a) the bag or tote has been appropriately cleaned; and
573          (b) the user documents the cleanout procedure used on the bag or tote.
574          Section 13. Section 4-14-8 is amended to read:
575          4-14-8. Suspension or revocation -- Grounds -- Stop sale, use, or removal order
576     authorized -- Court action -- Procedure -- Award of costs authorized.
577          (1) The department may revoke or suspend the registration of any pesticide upon
578     satisfactory evidence that the registrant has used fraudulent or deceptive practices in the
579     registration of the pesticide or in its distribution in this state.
580          (2) The department may issue a "stop sale, use, or removal order" to the owner or
581     distributor of any designated pesticide or lot of pesticide which it finds or has reason to believe
582     is being offered or exposed for sale in violation of this chapter. The order shall be in writing
583     and no pesticide subject to it shall be moved, offered, or exposed for sale, except upon the
584     subsequent written release by the department. Before a release is issued, the department may
585     require the owner or distributor of the "stopped" pesticide or lot to pay the expense incurred by
586     the department in connection with the withdrawal of the product from the market.
587          (3) The department is authorized in a court of competent jurisdiction to seek an order
588     of seizure or condemnation of a pesticide which violates this chapter or, upon proper grounds,
589     to obtain a temporary restraining order or permanent injunction to prevent the violation of this
590     chapter. No bond shall be required of the department in an injunctive proceeding brought under
591     this section.
592          (4) If condemnation is ordered, the pesticide or equipment shall be disposed of as the
593     court directs; provided, that in no event shall it order condemnation without giving the
594     registrant or other person an opportunity to apply to the court for permission to relabel,
595     reprocess, or otherwise bring the pesticide into conformance, or for permission to remove it
596     from the state.
597          (5) If the court orders condemnation, court costs, fees, storage, and other costs shall be
598     awarded against the claimant of the pesticide or equipment.
599          (6) The department may:
600          (a) deny an application for a pesticide applicator license;
601          (b) revoke a pesticide applicator license for cause; or
602          (c) suspend a pesticide applicator license for cause.
603          (7) (a) If a pesticide applicator license is revoked or suspended under Subsection (6),
604     the license shall be returned to the department within 14 days of the day on which the licensee
605     received notice of the revocation or suspension.
606          (b) A licensee who fails to return a license as described in Subsection (7)(a) may be
607     subject to an administrative fine of up to $100 for each 14 days the license is not returned.
608          Section 14. Section 4-18-105 is amended to read:
609          4-18-105. Conservation Commission -- Functions and duties.
610          (1) The commission shall:
611          (a) facilitate the development and implementation of the strategies and programs
612     necessary to:
613          (i) protect, conserve, utilize, and develop the soil, air, and water resources of the state;
614     and
615          (ii) promote the protection, integrity, and restoration of land for agricultural and other
616     beneficial purposes;
617          (b) disseminate information regarding districts' activities and programs;
618          (c) supervise the formation, reorganization, or dissolution of districts according to the
619     requirements of Title 17D, Chapter 3, Conservation District Act;
620          (d) prescribe uniform accounting and recordkeeping procedures for districts and
621     require each district to submit annually an audit of its funds to the commission;
622          (e) approve and make loans for agricultural purposes, through the advisory board
623     described in Section 4-18-106, from the Agriculture Resource Development Fund, for:
624          (i) rangeland improvement and management projects;
625          (ii) watershed protection and flood prevention projects;
626          (iii) agricultural cropland soil and water conservation projects;
627          (iv) programs designed to promote energy efficient farming practices; and
628          (v) programs or improvements for agriculture product storage or protections of a crop
629     or animal resource;
630          (f) administer federal or state funds, including loan funds under this chapter, in
631     accordance with applicable federal or state guidelines and make loans or grants from those
632     funds to land occupiers for:
633          (i) conservation of soil or water resources;
634          (ii) maintenance of rangeland improvement projects;
635          (iii) development and implementation of coordinated resource management plans, as
636     defined in Section 4-18-103, with conservation districts, as defined in Section 17D-3-102; and
637          (iv) control or eradication of noxious weeds and invasive plant species:
638          (A) in cooperation and coordination with local weed boards; and
639          (B) in accordance with Section 4-2-8.7;
640          (g) seek to coordinate soil and water protection, conservation, and development
641     activities and programs of state agencies, local governmental units, other states, special interest
642     groups, and federal agencies;
643          (h) plan watershed and flood control projects in cooperation with appropriate local,
644     state, and federal authorities, and coordinate flood control projects in the state;
645          (i) assist other state agencies with conservation standards for agriculture when
646     requested; and
647          (j) when assigned by the governor, when required by contract with the Department of
648     Environmental Quality, or when required by contract with the United States Environmental
649     Protection Agency:
650          (i) develop programs for the prevention, control, or abatement of new or existing
651     pollution to the soil, water, or air of the state;
652          (ii) advise, consult, and cooperate with affected parties to further the purpose of this
653     chapter;
654          (iii) conduct studies, investigations, research, and demonstrations relating to
655     agricultural pollution issues;
656          (iv) give reasonable consideration in the exercise of its powers and duties to the
657     economic impact on sustainable agriculture;
658          (v) meet the requirements of federal law related to water and air pollution in the
659     exercise of its powers and duties; and
660          (vi) establish administrative penalties relating to agricultural discharges as defined in
661     Section 4-18-103 that are proportional to the seriousness of the resulting environmental harm.
662          (2) The commission may:
663          (a) employ, with the approval of the department, an administrator and necessary
664     technical experts and employees;
665          (b) execute contracts or other instruments necessary to exercise its powers;
666          (c) take necessary action to promote and enforce the purpose and findings of Section
667     4-18-102;
668          (d) sue and be sued; and
669          (e) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
670     Rulemaking Act, necessary to carry out the powers and duties described in Subsection (1) and
671     Subsections (2)(b) and (c).
672          [(3) If, under Subsection (2)(a), the commission employs an individual who was
673     formerly an employee of a conservation district or the Utah Association of Conservation
674     Districts, the Department of Human Resource Management shall:]
675          [(a) recognize the employee's employment service credit from the conservation district
676     or association in determining leave accrual in the employee's new position within the state;
677     and]
678          [(b) set the initial wage rate for the employee at the level that the employee was
679     receiving as an employee of the conservation district or association.]
680          [(4) An employee described in Subsection (3) is exempt from the career service
681     provisions of Title 67, Chapter 19, Utah State Personnel Management Act, and shall be
682     designated under schedule codes and parameters established by the Department of Human
683     Resource Management under Subsection 67-19-15(1)(p) until the commission, under
684     parameters established by the Department of Human Resource Management, designates the
685     employee under a different schedule recognized under Section 67-19-15.]
686          [(5) (a) For purposes of the report required by Subsection (5)(b), the commissioner
687     shall study the organizational structure of the employees described in Subsection (3).]
688          [(b) The commissioner shall report to the Natural Resources, Agriculture, and
689     Environmental Quality Appropriations Subcommittee by no later than that subcommittee's
690     November 2015 interim meeting regarding the study required by Subsection (5)(a).]
691          Section 15. Section 4-19-3 is amended to read:
692          4-19-3. Loans -- Not to exceed period of 10 years -- Agricultural Advisory Board
693     to approve loans and renewals, methods of payments, and interest rates -- Guidelines in
694     fixing interest rates declared.
695          (1) The department may not make a loan authorized under this chapter for a period to
696     exceed 10 years but the loan is renewable.
697          (2) [The] Except as provided in Subsection (5), the Agricultural Advisory Board shall
698     approve:
699          (a) all loans and renewals;
700          (b) the methods of repayment; and
701          (c) the interest rates charged.
702          (3) In fixing interest rates, the Agricultural Advisory Board shall consider:
703          (a) the current applicable interest rate or rates being charged by the USDA Farm
704     Service Agency on similar loans;
705          (b) the current prime rate charged by leading lending institutions; and
706          (c) any other pertinent economic data.
707          (4) The interest rates established shall be compatible with guidelines stated in this
708     section.
709          (5) The Agricultural Advisory Board may create a subcommittee from the board's
710     membership to approve a loan or renewal under this section.
711          Section 16. Section 4-23-3 is amended to read:
712          4-23-3. Definitions.
713          As used in this chapter:
714          (1) "Agricultural crops" means any product of cultivation;
715          (2) "Board" means the Agricultural and Wildlife Damage Prevention Board;
716          (3) "Bounty" means the monetary compensation paid persons for the harvest of
717     predatory or depredating animals;
718          (4) "Damage" means any injury or loss to livestock, poultry, agricultural crops, or
719     wildlife inflicted by predatory or depredating animals or depredating birds;
720          (5) "Depredating animal" means a field mouse, gopher, ground squirrel, jack rabbit,
721     raccoon, or prairie dog;
722          (6) "Depredating bird" means a Brewer's blackbird or starling;
723          (7) "Livestock" means cattle, horses, mules, sheep, goats, and swine;
724          (8) "Predatory animal" means any coyote, cougar, or bear; and
725          (9) "Wildlife" means any form of animal life generally living in a state of nature,
726     except a predatory animal or a depredating animal or bird.
727          Section 17. Section 4-24-2 is amended to read:
728          4-24-2. Definitions.
729          As used in this chapter:
730          (1) "Brand" means any identifiable mark applied to livestock which is intended to show
731     ownership.
732          (2) "Carcass" means any part of the body of an animal, including hides, entrails, and
733     edible meats.
734          (3) "Domesticated elk" shall have the meaning as defined in Section 4-39-102.
735          (4) "Hide" means any skins or wool removed from livestock.
736          (5) "Livestock" means cattle, calves, horses, mules, sheep, goats, [hogs, or
737     domesticated elk] or hogs.
738          (6) (a) "Livestock market" means a public market place consisting of pens or other
739     enclosures where cattle, calves, horses, or mules are received on consignment and kept for
740     subsequent sale, either through public auction or private sale.
741          (b) "Livestock market" does not mean:
742          (i) a place used solely for liquidation of livestock by a farmer, dairyman, livestock
743     breeder, or feeder who is going out of business; or
744          (ii) a place where an association of livestock breeders under its own management,
745     offers registered livestock or breeding sires for sale and assumes all responsibility for the sale,
746     guarantees title to the livestock or sires sold, and arranges with the department for brand
747     inspection of all animals sold.
748          (7) "Mark" means any dulap, waddle, or cutting and shaping of the ears or brisket area
749     of livestock which is intended to show ownership.
750          (8) "Open range" means all land upon which cattle, sheep, or other domestic animals
751     are grazed or permitted to roam by custom, license, lease, or permit.
752          [(8)] (9) "Slaughterhouse" means any building, plant, or establishment where animals
753     are killed, dressed, or processed and their meat or meat products offered for sale for human
754     consumption.
755          Section 18. Section 4-24-11 is amended to read:
756          4-24-11. Certificate of brand inspection necessary to carry out change of
757     ownership -- Exception.
758          (1) (a) Except as provided in Subsection (2), the ownership of cattle, horses,
759     [domesticated elk,] or mules may not be transferred to any other person, through sale or
760     otherwise, without a certificate of brand inspection issued by a department brand inspector.
761          (b) Ownership of a domesticated elk in Utah may not be sold or transferred between
762     licensed facilities without an interstate movement of domesticated elk form, provided by the
763     department.
764          (c) A copy of the completed form described in Subsection (1)(b) shall:
765          (i) accompany each animal in transit; and
766          (ii) be completed electronically or mailed or faxed to the Division of Animal Industry
767     within five business days of the sale or transfer.
768          (2) (a) A brand inspection is not required to transfer ownership of dairy calves from the
769     farm of origin under 60 days of age.
770          (b) Any person who transports dairy calves that have not been brand inspected pursuant
771     to Subsection (2)(a) shall be required to show a sales invoice upon request.
772          Section 19. Section 4-24-17 is amended to read:
773          4-24-17. Transportation of sheep, cattle, domesticated elk, horses, or mules --
774     Brand certificate or other evidence of ownership required -- Transit permit -- Contents.
775          (1) No person may transport any sheep, cattle, horses, [domesticated elk,] or mules
776     without having an official state brand certificate or other proof of ownership in his possession.
777          (2) Domesticated elk moved intrastate:
778          (a) shall be accompanied with an intrastate movement of domesticated elk form
779     provided by the department; and
780          (b) may only be moved from a licensed facility to another licensed facility.
781          (3) An official state brand inspection shall accompany all domesticated elk to be
782     transported from this state to a place outside of this state.
783          [(2)] (4) Each person transporting livestock for another person shall have a transit
784     permit signed by the owner or the owner's authorized agent specifying the:
785          (a) name of the person driving the vehicle;
786          (b) date of transportation;
787          (c) place of origin or loading;
788          (d) destination;
789          (e) date of issuance; [and]
790          (f) number of animals being transported[.]; and
791          (g) full description of animals being transported.
792          Section 20. Section 4-31-111 is amended to read:
793          4-31-111. Imported animals -- Health certificate.
794          (1) Except as provided by rule made by the department, a person may not import an
795     animal into this state unless the animal is accompanied by a health certificate that:
796          [(1)] (a) meets the requirements of department rules; and
797          [(2)] (b) is issued by a federally accredited veterinarian.
798          (2) The department may require an entry permit before an animal is imported into the
799     state.
800          Section 21. Section 4-33-7 is amended to read:
801          4-33-7. Inspection, sampling, testing, and analysis of fuels by department.
802          (1) The department shall periodically sample, inspect, analyze and test motor fuels
803     dispensed in this state and may enter any public premises or vehicle for the purpose of
804     determining compliance with this chapter.
805          (2) (a) Methods of sampling, testing, analyzing, and designating motor fuels shall
806     [accord with those] conform with methods specified and published by the American Society for
807     Testing and Materials.
808          (b) [The] Unless modified by the department by rule, the department shall use the latest
809     published standards of the American Society for Testing and Materials.
810          (3) Upon request the department shall pay the posted price for samples and the person
811     from whom the sample is taken shall give a signed receipt evidencing payment.
812          (4) Tests and analyses conducted by the department shall be prima facie evidence of
813     the facts shown by such tests in any court proceeding.
814          Section 22. Section 4-39-102 is amended to read:
815          4-39-102. Definitions.
816          As used in this chapter:
817          (1) "Domesticated elk" means elk of the genus and species [cervus] Cervus elaphus,
818     held in captivity and domestically raised for commercial purposes.
819          (2) "Domesticated elk facility" means a facility where only domesticated elk are raised
820     or hunted.
821          (3) "Domesticated elk product" means any carcass, part of a carcass, hide, meat, meat
822     food product, antlers, or any part of a domesticated elk.
823          Section 23. Section 4-39-201 is amended to read:
824          4-39-201. Fencing, posts, and gates.
825          (1) Each domesticated elk facility shall, at a minimum, meet the requirements of this
826     section and shall be constructed to prevent the movement of [domesticated elk] cervids, both
827     captive and wild, into or out of the facility.
828          (2) (a) All perimeter fences and gates shall be:
829          (i) touching the ground and reaching a minimum of eight feet above ground level; and
830          (ii) constructed of hi-tensile steel.
831          (b) At least the bottom four feet shall be mesh with a maximum mesh size of 6" x 6".
832          (c) The remaining four feet shall be mesh with a maximum mesh size of 12" x 6".
833          (3) The minimum wire gauge shall be 14-1/2 gauge for a 2 woven hi-tensile fence.
834          (4) All perimeter gates at the entrances of domesticated elk handling facilities shall be
835     locked, with consecutive or self-closing gates when animals are present.
836          (5) Posts shall be:
837          (a) (i) constructed of treated wood which is at least four inches in diameter; or
838          (ii) constructed of a material with the strength equivalent of Subsection (5)(a)(i);
839          (b) spaced no more than 30 feet apart if one stay is used, or 20 feet apart if no stays are
840     used; and
841          (c) at least eight feet above ground level and two feet below ground level.
842          (6) Stays, between the posts, shall be:
843          (a) constructed of treated wood or steel;
844          (b) spaced no more than 15 feet from any post; and
845          (c) at least eight feet above ground level, and two feet below ground level.
846          (7) Corner posts and gate posts shall be braced wood or its strength equivalent.
847          Section 24. Section 4-39-203 is amended to read:
848          4-39-203. License required to operate a domesticated elk facility.
849          (1) A person may not operate a domesticated elk facility without first obtaining a
850     license from the department.
851          (2) (a) Each application for a license to operate a domesticated elk facility shall be
852     accompanied by a fee.
853          (b) The fee shall be established by the department in accordance with Section
854     63J-1-504.
855          (3) Each applicant for a domesticated elk facility license shall submit an application
856     providing all information in the form and manner as required by the department.
857          (4) (a) No license shall be issued until the department has inspected and approved the
858     facility.
859          (b) The department shall:
860          (i) notify the Division of Wildlife Resources at least 48 hours prior to a scheduled
861     inspection so that a Division of Wildlife Resources representative may be present at the
862     inspection; and
863          (ii) provide the Division of Wildlife Resources with copies of all licensing and
864     inspection reports.
865          (5) Each separate location of the domesticated elk operation shall be licensed
866     separately.
867          (6) (a) If a domesticated elk facility is operated under more than one business name
868     from a single location, the name of each operation shall be listed with the department in the
869     form and manner required by the department.
870          (b) The department shall require that a separate fee be paid for each business name
871     listed.
872          (c) If a domesticated elk facility operates under more than one business name from a
873     single location, [the] each facility shall maintain separate records.
874          (7) Each person or business entity with an equity interest in the domesticated elk shall
875     be listed on the application for license.
876          (8) Each domesticated elk facility license shall expire on July 1 in the year following
877     the year of issuance.
878          (9) Each licensee shall report to the department, in the form and manner required by
879     the department, any change in the information provided in the licensee's application or in the
880     reports previously submitted, within 15 days of each change.
881          (10) Licenses issued pursuant to this section are not transferable.
882          Section 25. Section 4-39-205 is amended to read:
883          4-39-205. License renewal.
884          (1) To renew a license, the licensee shall submit to the department:
885          (a) an inspection certificate showing that:
886          (i) the domesticated elk, on the domesticated elk facility, have been inspected and
887     certified by the department for health, proof of ownership, and genetic purity certification for
888     all elk imported into the state; and
889          (ii) the facility has been properly maintained as provided in this chapter during the
890     immediately preceding 60-day period; and
891          (b) a record of each purchase of domesticated elk and transfer of domesticated elk into
892     the facility, which shall include the following information:
893          (i) name, address, and health approval number of the source;
894          (ii) date of transaction; and
895          (iii) number and sex.
896          (2) (a) If the application for renewal is not received on or before April 30, a late fee
897     will be charged.
898          (b) A license may not be renewed until the fee is paid.
899          (3) If the application and fee for renewal are not received on or before July 1, the
900     license may not be renewed, and a new license shall be required.
901          Section 26. Section 4-39-206 is amended to read:
902          4-39-206. Records to be maintained.
903          (1) The following records and information shall be maintained by a domesticated elk
904     facility [for a period of five years] for the life of the animal:
905          (a) records of purchase, acquisition, distribution, and production histories of
906     domesticated elk;
907          (b) records documenting antler harvesting, production, and distribution; and
908          (c) health certificates and genetic purity records for all elk imported into the state as
909     provided in Section 4-39-301.
910          (2) For purposes of carrying out the provisions of this chapter and rules [promulgated]
911     made under this chapter and, at any reasonable time during regular business hours, the
912     department shall have free and unimpeded access to inspect all records required to be kept.
913          (3) The department may make copies of the records referred to in this section.
914          Section 27. Section 4-39-301 is amended to read:
915          4-39-301. Health requirements -- Proof of source.
916          [As part of any inspection for licensing or renewing the license of a domesticated elk
917     facility, or for the importation, transportation, or change of ownership of any domesticated elk,
918     the department shall require:]
919          [(1) proof of genetic testing to ensure the purity of the domesticated elk herds and
920     prevent the introduction of red deer or hybrid nonnative species into domesticated elk herds in
921     Utah by showing evidence of the purity of live animals, gametes, eggs, sperm, or other genetic
922     material; and]
923          (1) The department shall require:
924          (a) domesticated elk, including gametes, eggs, or sperm, imported into the state to:
925          (i) test negative for the red deer genetic factor;
926          (ii) be registered with gold or silver status with the North American Elk Breeders
927     Association; or
928          (iii) come from a state that has a red deer genetic factor prevention program approved
929     by the department; and
930          [(2)] (b) proof that the domesticated elk originates from a legal source [as provided in
931     Section 4-39-302].
932          (2) The information described in Subsection (1) constitutes genetic purity.
933          Section 28. Section 4-39-302 is amended to read:
934          4-39-302. Acquisition of domesticated elk for use in domesticated elk facilities.
935          Domesticated elk intended for use in domesticated elk facilities shall meet all health
936     [and genetic] requirements of this chapter.
937          Section 29. Section 4-39-305 is amended to read:
938          4-39-305. Transportation of domesticated elk to or from domesticated elk
939     facilities.
940          (1) Any domesticated elk transferred to or from a domesticated elk facility within the
941     state shall be[: (1)] accompanied by [a brand inspection certificate] an intrastate movement of
942     domesticated elk form specifying the following:
943          (a) the name, address, and facility license number of the source;
944          (b) number, sex, and individual identification number; and
945          (c) name, address, and facility license number of the destination[;].
946          [(2) accompanied by proof of genetic purity as provided in Section 4-39-301; and]
947          [(3) inspected by the department as provided in Section 4-39-306.]
948          (2) The intrastate movement of domesticated elk form shall be completed
949     electronically, mailed, or faxed to the department within five business days of the transfer.
950          Section 30. Section 4-39-306 is amended to read:
951          4-39-306. Movement, sale, or slaughter.
952          [(1) Each domesticated elk facility licensee shall have the domesticated elk inspected
953     by the department prior to any transportation, sale, removal of antlers, or slaughter.]
954          [(2)] (1) Any person transporting or possessing domesticated elk or domesticated elk
955     products from any place within this state to a place outside this state shall have the appropriate
956     brand inspection certificate in his or her possession.
957          (2) A brand inspection is required before any domesticated elk is slaughtered, pursuant
958     to Section 4-24-13.
959          Section 31. Section 4-39-401 is amended to read:
960          4-39-401. Escape of domesticated elk -- Liability.
961          (1) It is the owner's responsibility to try to capture any domesticated elk that may have
962     escaped.
963          (2) The escape of a domesticated elk shall be reported immediately to the [state
964     veterinarian or a brand inspector of the Department of Agriculture who] department that shall
965     notify the Division of Wildlife Resources.
966          (3) If the domesticated elk is not recovered within 72 hours of the escape, the
967     [Department of Agriculture] department, in conjunction with the Division of Wildlife
968     Resources, shall take whatever action is necessary to resolve the problem.
969          (4) The owner shall reimburse the state or a state agency for any reasonable recapture
970     costs that may be incurred in the recapture or destruction of the animal.
971          (5) Any escaped domesticated elk taken by a licensed hunter in a manner which
972     complies with the provisions of Title 23, Wildlife Resources Code of Utah, and the rules of the
973     Wildlife Board shall be considered to be a legal taking and neither the licensed hunter, the
974     state, nor a state agency shall be liable to the owner for the killing.
975          (6) The owner shall be responsible to contain the domesticated elk to ensure that there
976     is no spread of disease from domesticated elk to wild elk and that the genetic purity of wild elk
977     is protected.
978          Section 32. Section 4-41-103 is amended to read:
979          4-41-103. Industrial hemp -- Agricultural and academic research.
980          (1) The department may grow or cultivate industrial hemp for the purpose of
981     agricultural or academic research.
982          (2) The department shall certify a higher education institution to grow or cultivate
983     industrial hemp for the purpose of agricultural or academic research if the higher education
984     institution submits to the department:
985          (a) the location where the higher education institution intends to grow or cultivate
986     industrial hemp;
987          (b) the higher education institution's research plan; and
988          (c) the name of an employee of the higher education institution who will supervise the
989     industrial hemp growth, cultivation, and research.
990          (3) The department shall maintain a list of each industrial hemp certificate holder.
991          (4) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
992     Administrative Rulemaking Act, to ensure any industrial hemp project meets the standards of
993     an agricultural pilot project, as defined by Section 7606 of the U.S. Agricultural Act of 2014.
994          (5) The department may set a fee for the application of an industrial hemp certificate.
995          Section 33. Repealer.
996          This bill repeals:
997          Section 4-36-1, Compact enacted and entered into.
998          Section 4-36-2, Cooperation with Pest Control Insurance Fund.
999          Section 4-36-3, Filing of compact.
1000          Section 4-36-4, Compact administrator.
1001          Section 4-36-5, Applications for assistance.
1002          Section 4-36-6, Disposition of money from compact insurance fund.
1003          Section 4-36-7, Executive head defined.




Legislative Review Note
Office of Legislative Research and General Counsel