Representative Mike K. McKell proposes the following substitute bill:


1     
AGRICULTURE MODIFICATIONS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike K. McKell

5     
Senate Sponsor: David P. Hinkins

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          4-24-2, as last amended by Laws of Utah 2010, Chapter 378
52          4-24-11, as last amended by Laws of Utah 1997, Chapter 302
53          4-24-17, as last amended by Laws of Utah 1997, Chapter 302
54          4-31-111, as renumbered and amended by Laws of Utah 2012, Chapter 331
55          4-33-7, as enacted by Laws of Utah 1981, Chapter 8
56          4-39-102, as enacted by Laws of Utah 1997, Chapter 302
57          4-39-201, as last amended by Laws of Utah 2010, Chapter 378
58          4-39-203, as last amended by Laws of Utah 2009, Chapter 183
59          4-39-205, as last amended by Laws of Utah 2010, Chapter 378
60          4-39-206, as last amended by Laws of Utah 2010, Chapter 378
61          4-39-301, as enacted by Laws of Utah 1997, Chapter 302
62          4-39-305, as last amended by Laws of Utah 2010, Chapter 378
63          4-39-306, as last amended by Laws of Utah 2010, Chapter 378
64          4-39-401, as last amended by Laws of Utah 2014, Chapter 189
65          4-41-103, as enacted by Laws of Utah 2014, Chapter 25
66     REPEALS:
67          4-36-1, as enacted by Laws of Utah 1985, Chapter 191
68          4-36-2, as enacted by Laws of Utah 1985, Chapter 191
69          4-36-3, as last amended by Laws of Utah 1997, Chapter 82
70          4-36-4, as last amended by Laws of Utah 1997, Chapter 82
71          4-36-5, as enacted by Laws of Utah 1985, Chapter 191
72          4-36-6, as enacted by Laws of Utah 1985, Chapter 191
73          4-36-7, as enacted by Laws of Utah 1985, Chapter 191
74     

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