Representative Lee B. Perry proposes the following substitute bill:


1     
UTAH AGRICULTURE CODE AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lee B. Perry

5     
Senate Sponsor: Margaret Dayton

6     

7     LONG TITLE
8     General Description:
9          This bill recodifies and modifies Title 4, Utah Agricultural Code.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies definitions;
13          ▸     states that the Department of Agriculture and Food may contract for services and
14     accept and administer grants;
15          ▸     modifies the duties of the state veterinarian;
16          ▸     states that the Department of Agriculture and Food may require labels on certain
17     products;
18          ▸     states that the Department of Agriculture and Food may make rules in regard to
19     "Utah's Own," a program dedicated to the promotion of locally produced products
20     of agriculture;
21          ▸     authorizes the Department of Agriculture and Food to deny, revoke, or suspend a
22     pesticide applicator license;
23          ▸     modifies the membership of the State Weed Committee;
24          ▸     authorizes the Agricultural Advisory Board to create a subcommittee;
25          ▸     states that the owner of a bull that has not been tested for trichomoniasis may be

26     fined $1,000 per bull;
27          ▸     states that a person who owns or possesses an infected animal may be liable for
28     damages inflicted by the animal;
29          ▸     modifies the length of time a domesticated elk facility shall maintain its records;
30          ▸     authorizes the Department of Agriculture and Food to set a fee for the application of
31     an industrial hemp certificate;
32          ▸     strikes outdated language; and
33          ▸     makes technical and conforming changes.
34     Money Appropriated in this Bill:
35          None
36     Other Special Clauses:
37          This bill provides a special effective date.
38          This bill provides coordination clauses.
39     Utah Code Sections Affected:
40     AMENDS:
41          4-2-401, as enacted by Laws of Utah 2014, Chapter 41
42          4-2-402, as last amended by Laws of Utah 2016, Chapter 18
43          4-2-501, as enacted by Laws of Utah 2015, Chapter 128
44          4-2-502, as enacted by Laws of Utah 2015, Chapter 128
45          4-2-503, as enacted by Laws of Utah 2015, Chapter 128
46          4-2-504, as enacted by Laws of Utah 2015, Chapter 128
47          4-12-4, as last amended by Laws of Utah 1985, Chapter 130
48          4-18-101, as renumbered and amended by Laws of Utah 2013, Chapter 227
49          4-18-102, as last amended by Laws of Utah 2014, Chapter 383
50          4-18-103, as last amended by Laws of Utah 2014, Chapter 383
51          4-18-104, as renumbered and amended by Laws of Utah 2013, Chapter 227
52          4-18-105, as last amended by Laws of Utah 2016, Chapter 19
53          4-18-106, as last amended by Laws of Utah 2016, Chapter 19
54          4-18-107, as last amended by Laws of Utah 2014, Chapter 383
55          4-18-108, as renumbered and amended by Laws of Utah 2014, Chapters 189 and 383
56          4-26-101, as renumbered and amended by Laws of Utah 2012, Chapter 331

57          4-26-102, as renumbered and amended by Laws of Utah 2012, Chapter 331
58          4-26-103, as renumbered and amended by Laws of Utah 2012, Chapter 331
59          4-26-104, as enacted by Laws of Utah 2016, Chapter 18
60          4-31-105, as renumbered and amended by Laws of Utah 2012, Chapter 331
61          4-31-106, as renumbered and amended by Laws of Utah 2012, Chapter 331
62          4-31-107, as renumbered and amended by Laws of Utah 2012, Chapter 331
63          4-31-108, as renumbered and amended by Laws of Utah 2012, Chapter 331
64          4-31-109.1, as enacted by Laws of Utah 2015, Chapter 414
65          4-31-113, as renumbered and amended by Laws of Utah 2012, Chapter 331
66          4-31-114, as renumbered and amended by Laws of Utah 2012, Chapter 331
67          4-31-115, as renumbered and amended by Laws of Utah 2012, Chapter 331
68          4-31-116, as renumbered and amended by Laws of Utah 2012, Chapter 331
69          4-39-102, as enacted by Laws of Utah 1997, Chapter 302
70          4-39-104, as last amended by Laws of Utah 2016, Chapter 19
71          4-39-107, as enacted by Laws of Utah 1997, Chapter 302
72          4-39-108, as enacted by Laws of Utah 1997, Chapter 302
73          4-39-201, as last amended by Laws of Utah 2010, Chapter 378
74          4-39-202, as enacted by Laws of Utah 1997, Chapter 302
75          4-39-203, as last amended by Laws of Utah 2009, Chapter 183
76          4-39-205, as last amended by Laws of Utah 2010, Chapter 378
77          4-39-206, as last amended by Laws of Utah 2010, Chapter 378
78          4-39-207, as enacted by Laws of Utah 1997, Chapter 302
79          4-39-301, as enacted by Laws of Utah 1997, Chapter 302
80          4-39-304, as last amended by Laws of Utah 2010, Chapter 378
81          4-39-305, as last amended by Laws of Utah 2010, Chapter 378
82          4-39-306, as last amended by Laws of Utah 2010, Chapter 378
83          4-39-401, as last amended by Laws of Utah 2014, Chapter 189
84          4-39-402, as enacted by Laws of Utah 1997, Chapter 302
85          4-40-102, as renumbered and amended by Laws of Utah 2011, Chapter 124
86          4-41-103, as enacted by Laws of Utah 2014, Chapter 25
87          10-8-85.8, as enacted by Laws of Utah 2007, Chapter 146

88          11-38-302, as last amended by Laws of Utah 2009, Chapters 344 and 368
89          17-50-323, as enacted by Laws of Utah 2007, Chapter 146
90          17D-3-102, as last amended by Laws of Utah 2013, Chapter 227
91          23-13-19, as enacted by Laws of Utah 2009, Chapter 308
92          23-24-1, as last amended by Laws of Utah 2011, Chapter 297
93          26-15-1, as last amended by Laws of Utah 2007, Chapter 146
94          58-37c-19.5, as last amended by Laws of Utah 2013, Chapters 262 and 413
95          63A-3-205, as last amended by Laws of Utah 2014, Chapter 227
96          63B-1b-102, as last amended by Laws of Utah 2014, Chapter 227
97          63B-1b-202, as last amended by Laws of Utah 2014, Chapters 203 and 227
98          63E-1-102, as last amended by Laws of Utah 2015, Chapters 223, 226, 283, and 411
99          63I-4a-102, as last amended by Laws of Utah 2015, Chapters 223, 226, 283, and 411
100          63J-7-102, as last amended by Laws of Utah 2015, Chapters 223, 226, 283, and 411
101          63L-8-403, as enacted by Laws of Utah 2016, Chapter 317
102          72-7-401, as last amended by Laws of Utah 2005, Chapter 2
103          72-9-502, as last amended by Laws of Utah 2008, Chapter 382
104          73-20-2, as last amended by Laws of Utah 1994, Chapter 12
105          76-6-111, as last amended by Laws of Utah 2015, Chapters 172 and 258
106          78B-4-202, as last amended by Laws of Utah 2015, Chapter 258
107     ENACTS:
108          4-2-101, Utah Code Annotated 1953
109          4-3-101, Utah Code Annotated 1953
110          4-9-101, Utah Code Annotated 1953
111          4-18-201, Utah Code Annotated 1953
112          4-19-101, Utah Code Annotated 1953
113          4-20-102, Utah Code Annotated 1953
114          4-22-101, Utah Code Annotated 1953
115          4-25-101, Utah Code Annotated 1953
116          4-30-101, Utah Code Annotated 1953
117          4-34-101, Utah Code Annotated 1953
118     RENUMBERS AND AMENDS:

119          4-1-101, (Renumbered from 4-1-1, as enacted by Laws of Utah 1979, Chapter 2)
120          4-1-102, (Renumbered from 4-1-2, as enacted by Laws of Utah 1979, Chapter 2)
121          4-1-103, (Renumbered from 4-1-3, as enacted by Laws of Utah 1979, Chapter 2)
122          4-1-104, (Renumbered from 4-1-3.5, as last amended by Laws of Utah 2008, Chapter
123     382)
124          4-1-105, (Renumbered from 4-1-4, as last amended by Laws of Utah 2008, Chapter
125     156)
126          4-1-106, (Renumbered from 4-1-5, as last amended by Laws of Utah 1987, Chapter
127     161)
128          4-1-107, (Renumbered from 4-1-6, as last amended by Laws of Utah 1985, Chapter
129     130)
130          4-1-108, (Renumbered from 4-1-7, as last amended by Laws of Utah 2010, Chapter
131     378)
132          4-1-109, (Renumbered from 4-1-8, as last amended by Laws of Utah 2010, Chapter
133     324)
134          4-1-110, (Renumbered from 4-1-9, as enacted by Laws of Utah 2012, Chapter 401)
135          4-2-102, (Renumbered from 4-2-1, as last amended by Laws of Utah 1997, Chapter 82)
136          4-2-103, (Renumbered from 4-2-2, as last amended by Laws of Utah 2011, Chapter
137     383)
138          4-2-104, (Renumbered from 4-2-3, as last amended by Laws of Utah 2002, Chapter
139     176)
140          4-2-105, (Renumbered from 4-2-4, as last amended by Laws of Utah 1987, Chapter 15)
141          4-2-106, (Renumbered from 4-2-5, as enacted by Laws of Utah 1979, Chapter 2)
142          4-2-107, (Renumbered from 4-2-6, as last amended by Laws of Utah 1984, Chapter 67)
143          4-2-108, (Renumbered from 4-2-7, as last amended by Laws of Utah 2016, Chapter 19)
144          4-2-109, (Renumbered from 4-2-8, as last amended by Laws of Utah 2011, Chapter
145     383)
146          4-2-201, (Renumbered from 4-2-9, as last amended by Laws of Utah 1997, Chapters 10
147     and 81)
148          4-2-202, (Renumbered from 4-2-10, as last amended by Laws of Utah 2007, Chapter
149     179)

150          4-2-301, (Renumbered from 4-2-11, as last amended by Laws of Utah 2013, Chapter
151     237)
152          4-2-302, (Renumbered from 4-2-12, as last amended by Laws of Utah 1996, Chapter
153     79)
154          4-2-303, (Renumbered from 4-2-14, as enacted by Laws of Utah 1985, Chapter 104)
155          4-2-304, (Renumbered from 4-2-15, as last amended by Laws of Utah 2010, Chapter
156     378)
157          4-3-102, (Renumbered from 4-3-1, as last amended by Laws of Utah 2015, Chapter
158     112)
159          4-3-201, (Renumbered from 4-3-2, as last amended by Laws of Utah 2008, Chapter
160     382)
161          4-3-202, (Renumbered from 4-3-3, as enacted by Laws of Utah 1979, Chapter 2)
162          4-3-203, (Renumbered from 4-3-4, as last amended by Laws of Utah 2007, Chapter
163     179)
164          4-3-204, (Renumbered from 4-3-5, as enacted by Laws of Utah 1979, Chapter 2)
165          4-3-205, (Renumbered from 4-3-6, as enacted by Laws of Utah 1979, Chapter 2)
166          4-3-206, (Renumbered from 4-3-7, as last amended by Laws of Utah 2007, Chapter
167     179)
168          4-3-301, (Renumbered from 4-3-8, as last amended by Laws of Utah 2007, Chapter
169     179)
170          4-3-302, (Renumbered from 4-3-9, as last amended by Laws of Utah 1987, Chapter
171     161)
172          4-3-401, (Renumbered from 4-3-10, as last amended by Laws of Utah 2015, Chapter
173     112)
174          4-3-402, (Renumbered from 4-3-11, as last amended by Laws of Utah 2001, Chapter
175     87)
176          4-3-403, (Renumbered from 4-3-12, as enacted by Laws of Utah 1979, Chapter 2)
177          4-3-501, (Renumbered from 4-3-1.3, as enacted by Laws of Utah 2015, Chapter 112)
178          4-3-502, (Renumbered from 4-3-13, as last amended by Laws of Utah 2015, Chapter
179     112)
180          4-3-503, (Renumbered from 4-3-14, as last amended by Laws of Utah 2016, Chapter

181     402)
182          4-4-101, (Renumbered from 4-4-1, as enacted by Laws of Utah 1979, Chapter 2)
183          4-4-102, (Renumbered from 4-4-2, as last amended by Laws of Utah 2008, Chapter
184     382)
185          4-4-103, (Renumbered from 4-4-3, as enacted by Laws of Utah 1979, Chapter 2)
186          4-4-104, (Renumbered from 4-4-4, as last amended by Laws of Utah 2007, Chapter
187     179)
188          4-4-105, (Renumbered from 4-4-5, as enacted by Laws of Utah 1979, Chapter 2)
189          4-4-106, (Renumbered from 4-4-6, as enacted by Laws of Utah 1979, Chapter 2)
190          4-5-101, (Renumbered from 4-5-1, as last amended by Laws of Utah 1990, Chapter
191     157)
192          4-5-102, (Renumbered from 4-5-2, as last amended by Laws of Utah 2007, Chapter
193     146)
194          4-5-103, (Renumbered from 4-5-7, as last amended by Laws of Utah 2010, Chapter
195     378)
196          4-5-104, (Renumbered from 4-5-17, as last amended by Laws of Utah 2007, Chapter
197     179)
198          4-5-105, (Renumbered from 4-5-18, as last amended by Laws of Utah 2010, Chapter
199     378)
200          4-5-106, (Renumbered from 4-5-19, as last amended by Laws of Utah 1990, Chapter
201     157)
202          4-5-201, (Renumbered from 4-5-8, as last amended by Laws of Utah 2010, Chapter
203     378)
204          4-5-202, (Renumbered from 4-5-5, as last amended by Laws of Utah 2010, Chapter
205     378)
206          4-5-203, (Renumbered from 4-5-10, as last amended by Laws of Utah 2007, Chapter
207     179)
208          4-5-204, (Renumbered from 4-5-11, as last amended by Laws of Utah 1990, Chapter
209     157)
210          4-5-205, (Renumbered from 4-5-15, as last amended by Laws of Utah 2010, Chapter
211     378)

212          4-5-206, (Renumbered from 4-5-16, as last amended by Laws of Utah 1990, Chapter
213     157)
214          4-5-207, (Renumbered from 4-5-6, as last amended by Laws of Utah 2007, Chapter
215     179)
216          4-5-301, (Renumbered from 4-5-9, as last amended by Laws of Utah 2010, Chapter
217     378)
218          4-5-401, (Renumbered from 4-5-3, as last amended by Laws of Utah 2004, Chapter
219     358)
220          4-5-402, (Renumbered from 4-5-4, as last amended by Laws of Utah 1985, Chapter
221     104)
222          4-5-501, (Renumbered from 4-5-9.5, as last amended by Laws of Utah 2008, Chapter
223     382)
224          4-5-502, (Renumbered from 4-5-20, as enacted by Laws of Utah 2011, Chapter 156)
225          4-7-101, (Renumbered from 4-7-1, as last amended by Laws of Utah 2011, Chapter
226     383)
227          4-7-102, (Renumbered from 4-7-2, as last amended by Laws of Utah 2011, Chapter
228     383)
229          4-7-103, (Renumbered from 4-7-3, as last amended by Laws of Utah 2016, Chapter 18)
230          4-7-104, (Renumbered from 4-7-4, as last amended by Laws of Utah 1990, Chapter 25)
231          4-7-105, (Renumbered from 4-7-5, as last amended by Laws of Utah 2011, Chapter
232     383)
233          4-7-106, (Renumbered from 4-7-6, as last amended by Laws of Utah 1995, Chapter 41)
234          4-7-107, (Renumbered from 4-7-7, as last amended by Laws of Utah 2011, Chapter
235     383)
236          4-7-108, (Renumbered from 4-7-8, as last amended by Laws of Utah 2011, Chapter
237     383)
238          4-7-109, (Renumbered from 4-7-9, as last amended by Laws of Utah 2011, Chapter
239     383)
240          4-7-110, (Renumbered from 4-7-10, as last amended by Laws of Utah 2011, Chapter
241     383)
242          4-7-201, (Renumbered from 4-7-11, as last amended by Laws of Utah 2011, Chapter

243     383)
244          4-7-202, (Renumbered from 4-7-12, as last amended by Laws of Utah 2011, Chapter
245     383)
246          4-7-203, (Renumbered from 4-7-13, as last amended by Laws of Utah 2011, Chapter
247     383)
248          4-7-204, (Renumbered from 4-7-13.5, as enacted by Laws of Utah 1985, Chapter 24)
249          4-7-205, (Renumbered from 4-7-14, as last amended by Laws of Utah 2011, Chapter
250     383)
251          4-8-101, (Renumbered from 4-8-1, as enacted by Laws of Utah 1979, Chapter 2)
252          4-8-102, (Renumbered from 4-8-2, as enacted by Laws of Utah 1979, Chapter 2)
253          4-8-103, (Renumbered from 4-8-3, as enacted by Laws of Utah 1979, Chapter 2)
254          4-8-104, (Renumbered from 4-8-4, as last amended by Laws of Utah 2010, Chapter
255     324)
256          4-8-105, (Renumbered from 4-8-5, as enacted by Laws of Utah 1979, Chapter 2)
257          4-8-106, (Renumbered from 4-8-6, as last amended by Laws of Utah 1987, Chapter
258     161)
259          4-8-107, (Renumbered from 4-8-7, as last amended by Laws of Utah 2007, Chapter
260     179)
261          4-9-102, (Renumbered from 4-9-1, as last amended by Laws of Utah 2004, Chapter
262     358)
263          4-9-103, (Renumbered from 4-9-2, as last amended by Laws of Utah 2008, Chapter
264     382)
265          4-9-104, (Renumbered from 4-9-3, as last amended by Laws of Utah 2004, Chapter
266     358)
267          4-9-105, (Renumbered from 4-9-4, as last amended by Laws of Utah 2004, Chapter
268     358)
269          4-9-106, (Renumbered from 4-9-5, as last amended by Laws of Utah 2004, Chapter
270     358)
271          4-9-107, (Renumbered from 4-9-5.2, as last amended by Laws of Utah 2004, Chapter
272     358)
273          4-9-108, (Renumbered from 4-9-5.3, as last amended by Laws of Utah 2004, Chapter

274     358)
275          4-9-109, (Renumbered from 4-9-5.4, as last amended by Laws of Utah 2004, Chapter
276     358)
277          4-9-110, (Renumbered from 4-9-6, as last amended by Laws of Utah 2004, Chapter
278     358)
279          4-9-111, (Renumbered from 4-9-7, as last amended by Laws of Utah 1990, Chapter
280     157)
281          4-9-112, (Renumbered from 4-9-8, as enacted by Laws of Utah 1979, Chapter 2)
282          4-9-113, (Renumbered from 4-9-9, as last amended by Laws of Utah 1992, Chapter 30)
283          4-9-114, (Renumbered from 4-9-10, as enacted by Laws of Utah 1979, Chapter 2)
284          4-9-115, (Renumbered from 4-9-11, as last amended by Laws of Utah 1985, Chapter
285     19)
286          4-9-116, (Renumbered from 4-9-12, as last amended by Laws of Utah 2004, Chapter
287     358)
288          4-9-117, (Renumbered from 4-9-13, as enacted by Laws of Utah 1979, Chapter 2)
289          4-9-118, (Renumbered from 4-9-15, as last amended by Laws of Utah 2010, Chapter
290     378)
291          4-10-101, (Renumbered from 4-10-1, as enacted by Laws of Utah 1979, Chapter 2)
292          4-10-102, (Renumbered from 4-10-2, as last amended by Laws of Utah 2016, Chapter
293     21)
294          4-10-103, (Renumbered from 4-10-3, as last amended by Laws of Utah 2008, Chapter
295     382)
296          4-10-104, (Renumbered from 4-10-4, as enacted by Laws of Utah 1979, Chapter 2)
297          4-10-105, (Renumbered from 4-10-5, as last amended by Laws of Utah 2016, Chapter
298     21)
299          4-10-106, (Renumbered from 4-10-6, as last amended by Laws of Utah 2016, Chapter
300     21)
301          4-10-107, (Renumbered from 4-10-7, as last amended by Laws of Utah 2016, Chapter
302     21)
303          4-10-108, (Renumbered from 4-10-7.3, as enacted by Laws of Utah 2014, Chapter 411)
304          4-10-109, (Renumbered from 4-10-8, as enacted by Laws of Utah 1979, Chapter 2)

305          4-10-110, (Renumbered from 4-10-9, as enacted by Laws of Utah 1979, Chapter 2)
306          4-10-111, (Renumbered from 4-10-10, as last amended by Laws of Utah 2014, Chapter
307     411)
308          4-10-112, (Renumbered from 4-10-11, as enacted by Laws of Utah 1979, Chapter 2)
309          4-10-113, (Renumbered from 4-10-14, as enacted by Laws of Utah 2016, Chapter 21)
310          4-11-101, (Renumbered from 4-11-1, as enacted by Laws of Utah 1979, Chapter 2)
311          4-11-102, (Renumbered from 4-11-2, as last amended by Laws of Utah 2014, Chapter
312     411)
313          4-11-103, (Renumbered from 4-11-3, as last amended by Laws of Utah 2008, Chapter
314     382)
315          4-11-104, (Renumbered from 4-11-4, as last amended by Laws of Utah 2010, Chapter
316     73)
317          4-11-105, (Renumbered from 4-11-5, as last amended by Laws of Utah 2016, Chapter
318     348)
319          4-11-106, (Renumbered from 4-11-6, as last amended by Laws of Utah 2010, Chapter
320     73)
321          4-11-107, (Renumbered from 4-11-7, as last amended by Laws of Utah 2015, Chapter
322     414)
323          4-11-108, (Renumbered from 4-11-8, as last amended by Laws of Utah 2010, Chapter
324     73)
325          4-11-109, (Renumbered from 4-11-9, as last amended by Laws of Utah 2010, Chapter
326     73)
327          4-11-110, (Renumbered from 4-11-10, as last amended by Laws of Utah 2010, Chapter
328     73)
329          4-11-111, (Renumbered from 4-11-11, as last amended by Laws of Utah 2010, Chapter
330     73)
331          4-11-112, (Renumbered from 4-11-12, as last amended by Laws of Utah 2010, Chapter
332     73)
333          4-11-113, (Renumbered from 4-11-13, as last amended by Laws of Utah 2010, Chapter
334     73)
335          4-11-114, (Renumbered from 4-11-14, as last amended by Laws of Utah 2010, Chapter

336     73)
337          4-11-115, (Renumbered from 4-11-17, as enacted by Laws of Utah 2010, Chapter 73)
338          4-13-101, (Renumbered from 4-13-1, as enacted by Laws of Utah 1979, Chapter 2)
339          4-13-102, (Renumbered from 4-13-2, as last amended by Laws of Utah 2007, Chapter
340     179)
341          4-13-103, (Renumbered from 4-13-3, as last amended by Laws of Utah 1997, Chapter
342     81)
343          4-13-104, (Renumbered from 4-13-4, as last amended by Laws of Utah 2007, Chapter
344     179)
345          4-13-105, (Renumbered from 4-13-5, as enacted by Laws of Utah 1979, Chapter 2)
346          4-13-106, (Renumbered from 4-13-6, as last amended by Laws of Utah 2007, Chapter
347     179)
348          4-13-107, (Renumbered from 4-13-7, as enacted by Laws of Utah 1979, Chapter 2)
349          4-13-108, (Renumbered from 4-13-8, as enacted by Laws of Utah 1979, Chapter 2)
350          4-13-109, (Renumbered from 4-13-9, as enacted by Laws of Utah 1979, Chapter 2)
351          4-14-101, (Renumbered from 4-14-1, as enacted by Laws of Utah 1979, Chapter 2)
352          4-14-102, (Renumbered from 4-14-2, as last amended by Laws of Utah 2007, Chapter
353     370)
354          4-14-103, (Renumbered from 4-14-3, as last amended by Laws of Utah 2014, Chapter
355     411)
356          4-14-104, (Renumbered from 4-14-4, as last amended by Laws of Utah 1981, Chapter
357     3)
358          4-14-105, (Renumbered from 4-14-5, as enacted by Laws of Utah 1979, Chapter 2)
359          4-14-106, (Renumbered from 4-14-6, as last amended by Laws of Utah 2008, Chapter
360     382)
361          4-14-107, (Renumbered from 4-14-7, as enacted by Laws of Utah 1979, Chapter 2)
362          4-14-108, (Renumbered from 4-14-8, as enacted by Laws of Utah 1979, Chapter 2)
363          4-14-109, (Renumbered from 4-14-9, as last amended by Laws of Utah 2007, Chapters
364     179 and 370)
365          4-14-110, (Renumbered from 4-14-12, as last amended by Laws of Utah 2007, Chapter
366     370)

367          4-14-111, (Renumbered from 4-14-13, as last amended by Laws of Utah 2014, Chapter
368     411)
369          4-15-101, (Renumbered from 4-15-1, as enacted by Laws of Utah 1981, Chapter 126)
370          4-15-102, (Renumbered from 4-15-1.5, as enacted by Laws of Utah 2014, Chapter 411)
371          4-15-103, (Renumbered from 4-15-2, as last amended by Laws of Utah 2014, Chapter
372     411)
373          4-15-104, (Renumbered from 4-15-3, as last amended by Laws of Utah 2008, Chapter
374     382)
375          4-15-105, (Renumbered from 4-15-4, as enacted by Laws of Utah 1981, Chapter 126)
376          4-15-106, (Renumbered from 4-15-5, as last amended by Laws of Utah 2007, Chapter
377     179)
378          4-15-107, (Renumbered from 4-15-6, as last amended by Laws of Utah 2007, Chapter
379     179)
380          4-15-108, (Renumbered from 4-15-7, as last amended by Laws of Utah 2014, Chapter
381     411)
382          4-15-109, (Renumbered from 4-15-8, as enacted by Laws of Utah 1981, Chapter 126)
383          4-15-110, (Renumbered from 4-15-9, as enacted by Laws of Utah 1981, Chapter 126)
384          4-15-111, (Renumbered from 4-15-10, as last amended by Laws of Utah 2010, Chapter
385     378)
386          4-15-112, (Renumbered from 4-15-11, as last amended by Laws of Utah 2014, Chapter
387     411)
388          4-15-113, (Renumbered from 4-15-12, as enacted by Laws of Utah 1981, Chapter 126)
389          4-15-114, (Renumbered from 4-15-14, as enacted by Laws of Utah 2014, Chapter 411)
390          4-16-101, (Renumbered from 4-16-1, as enacted by Laws of Utah 1981, Chapter 126)
391          4-16-102, (Renumbered from 4-16-2, as last amended by Laws of Utah 2010, Chapter
392     324)
393          4-16-103, (Renumbered from 4-16-3, as last amended by Laws of Utah 2008, Chapter
394     382)
395          4-16-201, (Renumbered from 4-16-4, as last amended by Laws of Utah 1999, Chapter
396     237)
397          4-16-202, (Renumbered from 4-16-5, as last amended by Laws of Utah 1997, Chapter

398     81)
399          4-16-203, (Renumbered from 4-16-7, as last amended by Laws of Utah 2010, Chapter
400     324)
401          4-16-301, (Renumbered from 4-16-8, as last amended by Laws of Utah 1997, Chapter
402     81)
403          4-16-302, (Renumbered from 4-16-10, as last amended by Laws of Utah 1997, Chapter
404     81)
405          4-16-303, (Renumbered from 4-16-11, as last amended by Laws of Utah 1997, Chapter
406     81)
407          4-16-401, (Renumbered from 4-16-9, as enacted by Laws of Utah 1981, Chapter 126)
408          4-16-501, (Renumbered from 4-16-6, as last amended by Laws of Utah 1997, Chapter
409     81)
410          4-17-101, (Renumbered from 4-17-1, as enacted by Laws of Utah 1981, Chapter 126)
411          4-17-102, (Renumbered from 4-17-2, as last amended by Laws of Utah 1997, Chapter
412     82)
413          4-17-103, (Renumbered from 4-17-3, as last amended by Laws of Utah 1985, Chapter
414     18)
415          4-17-104, (Renumbered from 4-17-3.5, as last amended by Laws of Utah 2013, Chapter
416     461)
417          4-17-105, (Renumbered from 4-17-4, as last amended by Laws of Utah 1993, Chapter
418     227)
419          4-17-106, (Renumbered from 4-17-4.5, as enacted by Laws of Utah 1985, Chapter 18)
420          4-17-107, (Renumbered from 4-17-5, as last amended by Laws of Utah 1993, Chapter
421     227)
422          4-17-108, (Renumbered from 4-17-6, as last amended by Laws of Utah 2007, Chapter
423     179)
424          4-17-109, (Renumbered from 4-17-7, as last amended by Laws of Utah 2010, Chapter
425     378)
426          4-17-110, (Renumbered from 4-17-8, as last amended by Laws of Utah 1985, Chapter
427     18)
428          4-17-111, (Renumbered from 4-17-8.5, as last amended by Laws of Utah 1993, Chapter

429     227)
430          4-17-112, (Renumbered from 4-17-10, as enacted by Laws of Utah 1985, Chapter 18)
431          4-17-113, (Renumbered from 4-17-11, as enacted by Laws of Utah 1981, Chapter 126)
432          4-17-114, (Renumbered from 4-2-8.7, as last amended by Laws of Utah 2014, Chapter
433     411)
434          4-17-115, (Renumbered from 4-2-8.6, as last amended by Laws of Utah 2014, Chapter
435     411)
436          4-18-202, (Renumbered from 4-2-8.5, as last amended by Laws of Utah 2014, Chapter
437     411)
438          4-19-102, (Renumbered from 4-19-1, as last amended by Laws of Utah 2007, Chapter
439     179)
440          4-19-103, (Renumbered from 4-19-2, as last amended by Laws of Utah 2010, Chapter
441     324)
442          4-19-104, (Renumbered from 4-19-3, as last amended by Laws of Utah 2007, Chapter
443     179)
444          4-19-105, (Renumbered from 4-19-4, as last amended by Laws of Utah 2007, Chapter
445     179)
446          4-20-101, (Renumbered from 4-20-1, as last amended by Laws of Utah 2010, Chapter
447     278)
448          4-20-103, (Renumbered from 4-20-1.5, as last amended by Laws of Utah 2013, Chapter
449     227)
450          4-20-104, (Renumbered from 4-20-1.6, as last amended by Laws of Utah 2011, Chapter
451     336)
452          4-20-105, (Renumbered from 4-20-2, as last amended by Laws of Utah 2011, Chapter
453     303)
454          4-20-106, (Renumbered from 4-20-3, as last amended by Laws of Utah 2014, Chapter
455     189)
456          4-20-107, (Renumbered from 4-20-8, as enacted by Laws of Utah 1979, Chapter 2)
457          4-20-108, (Renumbered from 4-20-9, as enacted by Laws of Utah 1979, Chapter 2)
458          4-20-109, (Renumbered from 4-20-10, as enacted by Laws of Utah 2011, Chapter 383)
459          4-22-102, (Renumbered from 4-22-1, as enacted by Laws of Utah 1979, Chapter 2)

460          4-22-103, (Renumbered from 4-22-2, as last amended by Laws of Utah 1999, Chapter
461     301)
462          4-22-104, (Renumbered from 4-22-3, as last amended by Laws of Utah 2010, Chapters
463     286 and 378)
464          4-22-105, (Renumbered from 4-22-6, as last amended by Laws of Utah 2010, Chapters
465     73 and 378)
466          4-22-106, (Renumbered from 4-22-4, as last amended by Laws of Utah 1981, Chapter
467     4)
468          4-22-107, (Renumbered from 4-22-4.5, as last amended by Laws of Utah 2008, Chapter
469     382)
470          4-22-108, (Renumbered from 4-22-5, as enacted by Laws of Utah 1979, Chapter 2)
471          4-22-201, (Renumbered from 4-22-7, as last amended by Laws of Utah 2005, Chapter
472     173)
473          4-22-202, (Renumbered from 4-22-8, as last amended by Laws of Utah 2004, Chapter
474     128)
475          4-22-203, (Renumbered from 4-22-8.5, as last amended by Laws of Utah 1999, Chapter
476     301)
477          4-22-301, (Renumbered from 4-22-9, as enacted by Laws of Utah 1979, Chapter 2)
478          4-22-302, (Renumbered from 4-22-9.5, as last amended by Laws of Utah 1995, Chapter
479     20)
480          4-22-303, (Renumbered from 4-22-10, as enacted by Laws of Utah 1979, Chapter 2)
481          4-23-101, (Renumbered from 4-23-1, as enacted by Laws of Utah 1979, Chapter 2)
482          4-23-102, (Renumbered from 4-23-2, as enacted by Laws of Utah 1979, Chapter 2)
483          4-23-103, (Renumbered from 4-23-3, as last amended by Laws of Utah 1989, Chapter
484     109)
485          4-23-104, (Renumbered from 4-23-4, as last amended by Laws of Utah 2010, Chapters
486     286 and 324)
487          4-23-105, (Renumbered from 4-23-5, as last amended by Laws of Utah 2010, Chapter
488     378)
489          4-23-106, (Renumbered from 4-23-6, as last amended by Laws of Utah 2010, Chapter
490     378)

491          4-23-107, (Renumbered from 4-23-7, as last amended by Laws of Utah 2010, Chapter
492     73)
493          4-23-108, (Renumbered from 4-23-7.5, as last amended by Laws of Utah 2009, Chapter
494     17)
495          4-23-109, (Renumbered from 4-23-8, as last amended by Laws of Utah 2015, Chapter
496     414)
497          4-23-110, (Renumbered from 4-23-10, as enacted by Laws of Utah 1979, Chapter 2)
498          4-23-111, (Renumbered from 4-23-11, as last amended by Laws of Utah 1997, Chapter
499     82)
500          4-24-101, (Renumbered from 4-24-1, as enacted by Laws of Utah 1979, Chapter 2)
501          4-24-102, (Renumbered from 4-24-2, as last amended by Laws of Utah 2010, Chapter
502     378)
503          4-24-103, (Renumbered from 4-24-3, as last amended by Laws of Utah 2008, Chapter
504     382)
505          4-24-104, (Renumbered from 4-24-4, as last amended by Laws of Utah 2010, Chapters
506     286 and 324)
507          4-24-105, (Renumbered from 4-24-30, as last amended by Laws of Utah 1995, Chapter
508     20)
509          4-24-201, (Renumbered from 4-24-5, as enacted by Laws of Utah 1979, Chapter 2)
510          4-24-202, (Renumbered from 4-24-7, as enacted by Laws of Utah 1979, Chapter 2)
511          4-24-203, (Renumbered from 4-24-8, as last amended by Laws of Utah 1985, Chapter
512     130)
513          4-24-204, (Renumbered from 4-24-9, as last amended by Laws of Utah 1983, Chapter
514     4)
515          4-24-205, (Renumbered from 4-24-10, as last amended by Laws of Utah 2010, Chapter
516     324)
517          4-24-301, (Renumbered from 4-24-6, as last amended by Laws of Utah 1988, Chapter
518     42)
519          4-24-302, (Renumbered from 4-24-11, as last amended by Laws of Utah 1997, Chapter
520     302)
521          4-24-303, (Renumbered from 4-24-12, as last amended by Laws of Utah 2010, Chapter

522     378)
523          4-24-304, (Renumbered from 4-24-13, as last amended by Laws of Utah 1997, Chapter
524     302)
525          4-24-305, (Renumbered from 4-24-14, as last amended by Laws of Utah 1997, Chapter
526     302)
527          4-24-306, (Renumbered from 4-24-15, as last amended by Laws of Utah 1997, Chapter
528     302)
529          4-24-307, (Renumbered from 4-24-17, as last amended by Laws of Utah 1997, Chapter
530     302)
531          4-24-308, (Renumbered from 4-24-21, as last amended by Laws of Utah 1985, Chapter
532     130)
533          4-24-309, (Renumbered from 4-24-16.3, as enacted by Laws of Utah 2015, Chapter
534     161)
535          4-24-401, (Renumbered from 4-24-18, as enacted by Laws of Utah 1979, Chapter 2)
536          4-24-402, (Renumbered from 4-24-19, as enacted by Laws of Utah 1979, Chapter 2)
537          4-24-403, (Renumbered from 4-24-31, as enacted by Laws of Utah 2015, Chapter 161)
538          4-24-404, (Renumbered from 4-24-20, as last amended by Laws of Utah 2010, Chapter
539     378)
540          4-24-405, (Renumbered from 4-24-22, as last amended by Laws of Utah 1985, Chapter
541     130)
542          4-24-406, (Renumbered from 4-24-23, as last amended by Laws of Utah 1985, Chapter
543     130)
544          4-24-501, (Renumbered from 4-24-24, as last amended by Laws of Utah 1997, Chapter
545     302)
546          4-24-502, (Renumbered from 4-24-25, as enacted by Laws of Utah 1979, Chapter 2)
547          4-24-503, (Renumbered from 4-24-26, as enacted by Laws of Utah 1979, Chapter 2)
548          4-24-504, (Renumbered from 4-24-28, as last amended by Laws of Utah 1986, Second
549     Special Session, Chapter 10)
550          4-24-505, (Renumbered from 4-24-29, as enacted by Laws of Utah 1979, Chapter 2)
551          4-24-506, (Renumbered from 4-24-32, as enacted by Laws of Utah 2015, Chapter 161)
552          4-25-102, (Renumbered from 4-25-1, as last amended by Laws of Utah 2015, Chapter

553     105)
554          4-25-103, (Renumbered from 4-25-2, as last amended by Laws of Utah 1983, Chapter
555     7)
556          4-25-104, (Renumbered from 4-25-3, as last amended by Laws of Utah 2008, Chapter
557     382)
558          4-25-201, (Renumbered from 4-25-4, as last amended by Laws of Utah 2009, Chapter
559     282)
560          4-25-202, (Renumbered from 4-25-5, as last amended by Laws of Utah 2009, Chapter
561     282)
562          4-25-203, (Renumbered from 4-25-6, as last amended by Laws of Utah 1983, Chapter
563     7)
564          4-25-204, (Renumbered from 4-25-7, as last amended by Laws of Utah 2009, Chapter
565     196)
566          4-25-205, (Renumbered from 4-25-8, as last amended by Laws of Utah 2005, Chapter
567     118)
568          4-25-206, (Renumbered from 4-25-9, as enacted by Laws of Utah 1979, Chapter 2)
569          4-25-301, (Renumbered from 4-25-12, as repealed and reenacted by Laws of Utah
570     2012, Chapter 331)
571          4-25-302, (Renumbered from 4-25-12.1, as last amended by Laws of Utah 2015,
572     Chapter 105)
573          4-25-303, (Renumbered from 4-25-12.3, as enacted by Laws of Utah 2015, Chapter
574     105)
575          4-25-401, (Renumbered from 4-25-14, as last amended by Laws of Utah 2009, Chapter
576     282)
577          4-30-102, (Renumbered from 4-30-1, as last amended by Laws of Utah 1999, Chapter
578     298)
579          4-30-103, (Renumbered from 4-30-2, as last amended by Laws of Utah 2010, Chapter
580     286)
581          4-30-104, (Renumbered from 4-30-3, as last amended by Laws of Utah 2008, Chapter
582     382)
583          4-30-105, (Renumbered from 4-30-4, as last amended by Laws of Utah 1999, Chapter

584     298)
585          4-30-106, (Renumbered from 4-30-5, as last amended by Laws of Utah 2010, Chapter
586     90)
587          4-30-107, (Renumbered from 4-30-6, as last amended by Laws of Utah 2007, Chapter
588     179)
589          4-30-108, (Renumbered from 4-30-7, as last amended by Laws of Utah 1999, Chapter
590     298)
591          4-30-109, (Renumbered from 4-30-7.5, as enacted by Laws of Utah 1999, Chapter 298)
592          4-30-110, (Renumbered from 4-30-7.6, as last amended by Laws of Utah 2010, Chapter
593     378)
594          4-30-111, (Renumbered from 4-30-8, as last amended by Laws of Utah 1985, Chapter
595     130)
596          4-30-112, (Renumbered from 4-30-9, as last amended by Laws of Utah 1999, Chapter
597     298)
598          4-32-101, (Renumbered from 4-32-1, as enacted by Laws of Utah 1979, Chapter 2)
599          4-32-102, (Renumbered from 4-32-2, as last amended by Laws of Utah 2010, Chapter
600     242)
601          4-32-103, (Renumbered from 4-32-2.1, as enacted by Laws of Utah 2010, Chapter 242)
602          4-32-104, (Renumbered from 4-32-2.2, as enacted by Laws of Utah 2010, Chapter 242)
603          4-32-105, (Renumbered from 4-32-3, as last amended by Laws of Utah 2016, Chapter
604     18)
605          4-32-106, (Renumbered from 4-32-4, as last amended by Laws of Utah 2011, Chapter
606     383)
607          4-32-107, (Renumbered from 4-32-5, as last amended by Laws of Utah 2010, Chapter
608     242)
609          4-32-108, (Renumbered from 4-32-6, as last amended by Laws of Utah 2010, Chapter
610     242)
611          4-32-109, (Renumbered from 4-32-7, as last amended by Laws of Utah 2016, Chapter
612     18)
613          4-32-110, (Renumbered from 4-32-8, as last amended by Laws of Utah 2010, Chapter
614     242)

615          4-32-111, (Renumbered from 4-32-9, as last amended by Laws of Utah 1997, Chapter
616     296)
617          4-32-112, (Renumbered from 4-32-10, as last amended by Laws of Utah 1987, Chapter
618     161)
619          4-32-113, (Renumbered from 4-32-11, as last amended by Laws of Utah 2014, Chapter
620     189)
621          4-32-114, (Renumbered from 4-32-12, as last amended by Laws of Utah 2010, Chapter
622     242)
623          4-32-115, (Renumbered from 4-32-13, as last amended by Laws of Utah 2010, Chapter
624     242)
625          4-32-116, (Renumbered from 4-32-14, as last amended by Laws of Utah 1997, Chapter
626     289)
627          4-32-117, (Renumbered from 4-32-15, as enacted by Laws of Utah 1979, Chapter 2)
628          4-32-118, (Renumbered from 4-32-16, as last amended by Laws of Utah 2010, Chapters
629     242 and 378)
630          4-32-119, (Renumbered from 4-32-17, as last amended by Laws of Utah 2010, Chapter
631     242)
632          4-32-120, (Renumbered from 4-32-18, as last amended by Laws of Utah 2010, Chapter
633     242)
634          4-32-121, (Renumbered from 4-32-20, as last amended by Laws of Utah 2010, Chapter
635     242)
636          4-32-122, (Renumbered from 4-32-21, as last amended by Laws of Utah 2010, Chapter
637     242)
638          4-32-123, (Renumbered from 4-32-22, as last amended by Laws of Utah 2010, Chapters
639     242 and 378)
640          4-33-101, (Renumbered from 4-33-1, as enacted by Laws of Utah 1981, Chapter 8)
641          4-33-102, (Renumbered from 4-33-2, as enacted by Laws of Utah 1981, Chapter 8)
642          4-33-103, (Renumbered from 4-33-3, as enacted by Laws of Utah 1981, Chapter 8)
643          4-33-104, (Renumbered from 4-33-4, as last amended by Laws of Utah 2008, Chapter
644     382)
645          4-33-105, (Renumbered from 4-33-5, as enacted by Laws of Utah 1981, Chapter 8)

646          4-33-106, (Renumbered from 4-33-6, as enacted by Laws of Utah 1981, Chapter 8)
647          4-33-107, (Renumbered from 4-33-7, as enacted by Laws of Utah 1981, Chapter 8)
648          4-33-108, (Renumbered from 4-33-8, as last amended by Laws of Utah 2002, Chapter
649     9)
650          4-33-109, (Renumbered from 4-33-9, as enacted by Laws of Utah 1981, Chapter 8)
651          4-33-110, (Renumbered from 4-33-10, as enacted by Laws of Utah 1981, Chapter 8)
652          4-34-102, (Renumbered from 4-34-1, as enacted by Laws of Utah 1981, Chapter 70)
653          4-34-103, (Renumbered from 4-34-2, as enacted by Laws of Utah 1981, Chapter 70)
654          4-34-104, (Renumbered from 4-34-3, as enacted by Laws of Utah 1981, Chapter 70)
655          4-34-105, (Renumbered from 4-34-4, as enacted by Laws of Utah 1981, Chapter 70)
656          4-34-106, (Renumbered from 4-34-5, as enacted by Laws of Utah 1981, Chapter 70)
657          4-34-107, (Renumbered from 4-34-6, as last amended by Laws of Utah 1990, Chapter
658     157)
659          4-35-101, (Renumbered from 4-35-1, as enacted by Laws of Utah 1985, Chapter 133)
660          4-35-102, (Renumbered from 4-35-2, as last amended by Laws of Utah 1997, Chapter
661     82)
662          4-35-103, (Renumbered from 4-35-3, as last amended by Laws of Utah 2010, Chapter
663     286)
664          4-35-104, (Renumbered from 4-35-4, as last amended by Laws of Utah 2002, Chapter
665     132)
666          4-35-105, (Renumbered from 4-35-5, as enacted by Laws of Utah 1985, Chapter 133)
667          4-35-106, (Renumbered from 4-35-6, as last amended by Laws of Utah 2010, Chapter
668     391)
669          4-35-107, (Renumbered from 4-35-7, as last amended by Laws of Utah 2010, Chapter
670     378)
671          4-35-108, (Renumbered from 4-35-8, as enacted by Laws of Utah 1985, Chapter 133)
672          4-35-109, (Renumbered from 4-35-9, as enacted by Laws of Utah 1985, Chapter 133)
673          4-38-101, (Renumbered from 4-38-1, as enacted by Laws of Utah 1992, Chapter 296)
674          4-38-102, (Renumbered from 4-38-2, as last amended by Laws of Utah 1993, Chapter
675     64)
676          4-38-103, (Renumbered from 4-38-3, as last amended by Laws of Utah 2016, Chapter

677     19)
678          4-38-104, (Renumbered from 4-38-4, as last amended by Laws of Utah 2008, Chapter
679     382)
680          4-38-105, (Renumbered from 4-38-5, as enacted by Laws of Utah 1992, Chapter 296)
681          4-38-106, (Renumbered from 4-38-6, as last amended by Laws of Utah 2008, Chapter
682     382)
683          4-38-201, (Renumbered from 4-38-7, as last amended by Laws of Utah 2007, Chapter
684     322)
685          4-38-202, (Renumbered from 4-38-8, as last amended by Laws of Utah 2010, Chapter
686     324)
687          4-38-203, (Renumbered from 4-38-10, as last amended by Laws of Utah 1993, Chapter
688     64)
689          4-38-301, (Renumbered from 4-38-9, as last amended by Laws of Utah 1993, Chapters
690     4 and 64)
691          4-38-302, (Renumbered from 4-38-11, as enacted by Laws of Utah 1992, Chapter 296)
692          4-38-303, (Renumbered from 4-38-12, as enacted by Laws of Utah 1992, Chapter 296)
693          4-38-304, (Renumbered from 4-38-15, as enacted by Laws of Utah 1992, Chapter 296)
694          4-38-401, (Renumbered from 4-38-13, as enacted by Laws of Utah 1992, Chapter 296)
695          4-38-402, (Renumbered from 4-38-16, as enacted by Laws of Utah 1993, Chapter 64)
696          4-38-501, (Renumbered from 4-38-14, as last amended by Laws of Utah 2008, Chapter
697     382)
698     REPEALS:
699          4-11-15, as last amended by Laws of Utah 2010, Chapter 73
700          4-18-109, as enacted by Laws of Utah 2016, Chapter 166
701          4-25-10, as enacted by Laws of Utah 1979, Chapter 2
702          4-25-11, as repealed and reenacted by Laws of Utah 1988, Chapter 139
703          4-31-117, as renumbered and amended by Laws of Utah 2012, Chapter 331
704          4-36-1, as enacted by Laws of Utah 1985, Chapter 191
705          4-36-2, as enacted by Laws of Utah 1985, Chapter 191
706          4-36-3, as last amended by Laws of Utah 1997, Chapter 82
707          4-36-4, as last amended by Laws of Utah 1997, Chapter 82

708          4-36-5, as enacted by Laws of Utah 1985, Chapter 191
709          4-36-6, as enacted by Laws of Utah 1985, Chapter 191
710          4-36-7, as enacted by Laws of Utah 1985, Chapter 191
711     Utah Code Sections Affected by Coordination Clause:
712          4-2-16, Utah Code Annotated 1953
713          4-2-305, Utah Code Annotated 1953
714          4-5-9.5, as last amended by Laws of Utah 2008, Chapter 382
715          4-5-501, Utah Code Annotated 1953
716          4-10-9, as enacted by Laws of Utah 1979, Chapter 2
717          4-10-110, Utah Code Annotated 1953
718          4-18-104, as renumbered and amended by Laws of Utah 2013, Chapter 227
719     

720     Be it enacted by the Legislature of the state of Utah:
721          Section 1. Section 4-1-101, which is renumbered from Section 4-1-1 is renumbered
722     and amended to read:
723     
TITLE 4. UTAH AGRICULTURAL CODE

724          [4-1-1].      4-1-101. Title.
725          This title [shall be] is known [and may be cited] as the "Utah Agricultural Code."
726          Section 2. Section 4-1-102, which is renumbered from Section 4-1-2 is renumbered
727     and amended to read:
728          [4-1-2].      4-1-102. Construction.
729          This [code] title shall be liberally construed and applied to promote and [effectuate]
730     carry out its policies and purposes.
731          Section 3. Section 4-1-103, which is renumbered from Section 4-1-3 is renumbered
732     and amended to read:
733          [4-1-3].      4-1-103. Principles of law and equity applicable.
734          Unless displaced by the particular provisions of this code, the principles of law and
735     equity supplement [its] the provisions of this title.
736          Section 4. Section 4-1-104, which is renumbered from Section 4-1-3.5 is renumbered
737     and amended to read:
738          [4-1-3.5].      4-1-104. Procedures -- Adjudicative proceedings.

739          The Department of Agriculture and Food and [its] the department's divisions shall
740     comply with [the procedures and requirements of] Title 63G, Chapter 4, Administrative
741     Procedures Act, in their adjudicative proceedings.
742          Section 5. Section 4-1-105, which is renumbered from Section 4-1-4 is renumbered
743     and amended to read:
744          [4-1-4].      4-1-105. Code enforcement -- Inspection authorized --
745     Condemnation or seizure -- Injunctive relief -- Costs awarded -- County or district
746     attorney to represent state -- Criminal actions -- Witness fee.
747          (1) To enforce a provision in this title, the department may:
748          (a) enter, at reasonable times, and inspect a public or private premises where an
749     agricultural product is located; and
750          (b) obtain a sample of an agricultural product at no charge to the department, unless
751     otherwise specified in this title.
752          (2) The department may proceed immediately, if admittance is refused, to obtain an ex
753     parte warrant from the nearest court of competent jurisdiction to allow entry to the premises to
754     inspect or obtain a sample.
755          (3) (a) The department is authorized in a court of competent jurisdiction to:
756          (i) seek an order of seizure or condemnation of an agricultural product that violates this
757     title; or
758          (ii) upon proper grounds, obtain a temporary restraining order or temporary or
759     permanent injunction to prevent violation of this title.
760          (b) The court may not require a bond of the department in an injunctive proceeding
761     brought under this section.
762          (4) (a) If the court orders condemnation, the department shall dispose of the
763     agricultural product as the court directs.
764          (b) The court may not order condemnation without giving the claimant of the
765     agricultural product an opportunity to apply to the court for permission to:
766          (i) bring the agricultural product into conformance; or
767          (ii) remove the agricultural product from the state.
768          (5) If the department prevails in an action authorized by Subsection (3)(a), the court
769     shall award court costs, fees, storage, and other costs to the department.

770          (6) (a) Unless otherwise specifically provided by this title, the county attorney of the
771     county in which the product is located or the act is committed shall represent the department in
772     an action commenced under authority of this section.
773          (b) The attorney general shall represent the department in an action to enforce:
774          (i) Chapter 3, Utah Dairy Act; or
775          (ii) Chapter 5, Utah Wholesome Food Act.
776          (7) (a) In a criminal action brought by the department for violation of this title, the
777     county attorney or district attorney in the county in which the alleged criminal activity occurs
778     shall represent the state.
779          (b) Before the department pursues a criminal action, the department shall first give to
780     the person [it] the department intends to have charged:
781          (i) written notice of [its] the department's intent to file criminal charges; and
782          (ii) an opportunity to present, personally or through counsel, the person's views with
783     respect to the contemplated action.
784          (8) A witness subpoenaed by the department for whatever purpose is entitled to:
785          (a) a witness fee for each day of required attendance at a proceeding initiated by the
786     department; and
787          (b) mileage in accordance with the fees and mileage allowed a witness appearing in a
788     district court of this state.
789          Section 6. Section 4-1-106, which is renumbered from Section 4-1-5 is renumbered
790     and amended to read:
791          [4-1-5].      4-1-106. Suspension or revocation of license or registration --
792     Judicial review -- Attorney general to represent department.
793          (1) If the department has reason to believe that a licensee or registrant is or has engaged
794     in conduct that violates this title, [it] the department shall issue and serve a notice of agency
795     action.
796          (2) The commissioner, or the hearing officer designated by the commissioner, may
797     suspend or revoke a person's license or registration if the commissioner or hearing officer finds
798     by a preponderance of the evidence that the person is engaging, or has engaged, in conduct that
799     violates this title.
800          (3) (a) Any person whose registration or license is suspended or revoked under this

801     section may obtain judicial review.
802          (b) Venue for judicial review of informal adjudicative proceedings is in the district
803     court in the county where the alleged acts giving rise to the suspension or revocation occurred.
804          (4) The attorney general shall represent the department in any original action or appeal
805     commenced under this section.
806          Section 7. Section 4-1-107, which is renumbered from Section 4-1-6 is renumbered
807     and amended to read:
808          [4-1-6].      4-1-107. Fees and late charges.
809           (1) If an annual registration, license, or other fee is imposed under any chapter of this
810     [code] title, it shall be determined by the department pursuant to Subsection [4-2-2] 4-2-103(2).
811          (2) If the renewal of the registration or license is conditioned[, among other things,]
812     upon the payment of a renewal fee on or before a specified date, the department shall charge
813     and collect the renewal fee and a late fee on any license or registration [which] that is renewed
814     after the date specified for renewal in the applicable chapter.
815          (3) The renewal fee and late fee shall be determined by the department pursuant to
816     Subsection [4-2-2] 4-2-103(2).
817          Section 8. Section 4-1-108, which is renumbered from Section 4-1-7 is renumbered
818     and amended to read:
819          [4-1-7].      4-1-108. Severability clause.
820          If any provision of this [code] title, or the application of any [such] provision to any
821     person or circumstance, is held invalid, the invalidity does not affect other provisions or
822     applications of this [code which] title that can be given effect without the invalid provision or
823     application, and to this end the provisions of this [code] title are declared to be severable.
824          Section 9. Section 4-1-109, which is renumbered from Section 4-1-8 is renumbered
825     and amended to read:
826          [4-1-8].      4-1-109. General definitions.
827          [Subject to additional definitions contained in the chapters of this title which are
828     applicable to specific chapters, as]
829          As used in this title:
830          [(2)] (1) "Agricultural product" or "product of agriculture" means any product [which]
831     that is derived from agriculture, including any product derived from aquaculture as defined in

832     Section 4-37-103.
833          [(1)] (2) "Agriculture" means the science and art of the production of plants and
834     animals useful to man, including the preparation of plants and animals for human use and
835     disposal by marketing or otherwise.
836          (3) "Commissioner" means the commissioner of agriculture and food.
837          (4) "Department" means the Department of Agriculture and Food created in Chapter 2,
838     Department - State Chemist - Enforcement.
839          (5) "Dietary supplement" [has the meaning] means the same as that term is defined in
840     the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
841          (6) "Livestock" means cattle, sheep, goats, swine, horses, mules, poultry, domesticated
842     elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised
843     or kept for profit.
844          (7) "Organization" means a corporation, government or governmental subdivision or
845     agency, business trust, estate, trust, partnership, association, two or more persons having a joint
846     or common interest, or any other legal entity.
847          (8) "Person" means a natural person or individual, corporation, organization, or other
848     legal entity.
849          Section 10. Section 4-1-110, which is renumbered from Section 4-1-9 is renumbered
850     and amended to read:
851          [4-1-9].      4-1-110. Growing or storing food for personal or family use.
852          (1) As used in this section, "family food" means food owned by an individual that is
853     intended for the individual's consumption, or for consumption by members of the individual's
854     immediate family, that:
855          (a) is legal for human consumption;
856          (b) is lawfully possessed; and
857          (c) poses no risk:
858          (i) to health;
859          (ii) of spreading insect infestation; or
860          (iii) of spreading agricultural disease.
861          (2) Family food that is grown by an individual on the individual's property is not
862     subject to local or federal regulation if growth of the family food:

863          (a) does not negatively impact the rights of adjoining property owners; and
864          (b) complies with the food safety requirements of this title.
865          (3) A government entity may not confiscate family food described in Subsection (2) or
866     family food that is stored by the owner in the owner's home or dwelling.
867          (4) (a) If any provision of this section or the application of any provision of this section
868     to any person or circumstance is held invalid by a final decision of a court of competent
869     jurisdiction, the remainder of this section shall be given effect without the invalid provision or
870     application.
871          (b) The provisions of this section are severable.
872          Section 11. Section 4-2-101 is enacted to read:
873     
CHAPTER 2. ADMINISTRATION

874     
Part 1. Organization

875          4-2-101. Title.
876          This chapter is known as "Administration."
877          Section 12. Section 4-2-102, which is renumbered from Section 4-2-1 is renumbered
878     and amended to read:
879          [4-2-1].      4-2-102. Department created.
880          (1) There is [hereby] created within state government the Department of Agriculture
881     and Food [which].
882          (2) The department created in Subsection (1) is responsible [in this state] for the
883     administration and enforcement of all laws, services, functions, and consumer programs related
884     to agriculture in this state as assigned to the department by the Legislature.
885          Section 13. Section 4-2-103, which is renumbered from Section 4-2-2 is renumbered
886     and amended to read:
887          [4-2-2].      4-2-103. Functions, powers, and duties of department -- Fees for
888     services -- Marketing orders -- Procedure -- Purchasing and auditing.
889          (1) The department shall:
890          (a) inquire into and promote the interests and products of agriculture and [its] allied
891     industries;
892          (b) promote methods for increasing the production and facilitating the distribution of
893     the agricultural products of the state;

894          (c) (i) inquire into the cause of contagious, infectious, and communicable diseases
895     among livestock and the means for their prevention and cure; and
896          (ii) initiate, implement, and administer plans and programs to prevent the spread of
897     diseases among livestock;
898          (d) encourage experiments designed to determine the best means and methods for the
899     control of diseases among domestic and wild animals;
900          (e) issue marketing orders for any designated agricultural product to:
901          (i) promote orderly market conditions for any product;
902          (ii) give the producer a fair return on the producer's investment at the marketplace; and
903          (iii) only promote and not restrict or restrain the marketing of Utah agricultural
904     commodities;
905          (f) administer and enforce all laws assigned to the department by the Legislature;
906          (g) establish standards and grades for agricultural products and fix and collect
907     reasonable fees for services performed by the department in conjunction with the grading of
908     agricultural products;
909          (h) establish operational standards for any establishment that manufactures, processes,
910     produces, distributes, stores, sells, or offers for sale any agricultural product;
911          (i) adopt, according to Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
912     rules necessary for the effective administration of the agricultural laws of the state;
913          (j) when necessary, make investigations, subpoena witnesses and records, conduct
914     hearings, issue orders, and make recommendations concerning all matters related to
915     agriculture;
916          (k) (i) inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or any
917     private or public place that may become infested or infected with harmful insects, plant
918     diseases, noxious or poisonous weeds, or other agricultural pests;
919          (ii) establish and enforce quarantines;
920          (iii) issue and enforce orders and rules for the control and eradication of pests,
921     wherever they may exist within the state; and
922          (iv) perform other duties relating to plants and plant products considered advisable and
923     not contrary to law;
924          (l) inspect apiaries for diseases inimical to bees and beekeeping;

925          (m) take charge of any agricultural exhibit within the state, if considered necessary by
926     the department, and award premiums at that exhibit;
927          (n) assist the Conservation Commission in the administration of Title 4, Chapter 18,
928     Conservation Commission Act, and administer and disburse any funds available to assist
929     conservation districts in the state in the conservation of the state's soil and water resources;
930          (o) participate in the United States Department of Agriculture certified agricultural
931     mediation program, in accordance with 7 U.S.C. Sec. 5101 and 7 C.F.R. Part 785;
932          (p) promote and support the multiple use of public lands; and
933          (q) perform any additional functions, powers, and duties provided by law.
934          (2) The department, by following the procedures and requirements of Section
935     63J-1-504, may adopt a schedule of fees assessed for services provided by the department.
936          (3) (a) No marketing order issued under Subsection (1)(e) shall take effect until:
937          (i) the department gives notice of the proposed order to the producers and handlers of
938     the affected product;
939          (ii) the commissioner conducts a hearing on the proposed order; and
940          (iii) at least 50% of the registered producers and handlers of the affected products vote
941     in favor of the proposed order.
942          (b) (i) The department may establish boards of control to administer marketing orders
943     and the proceeds derived from any order.
944          (ii) [The] A board of control shall:
945          (A) ensure that all proceeds are placed in an account in the board of control's name in a
946     depository institution; and
947          (B) ensure that the account is annually audited by an accountant approved by the
948     commissioner.
949          (4) Funds collected by grain grading, as provided by Subsection (1)(g), shall be
950     deposited [in] into the General Fund as dedicated credits for the grain grading program.
951          (5) In fulfilling its duties in this chapter, the department may:
952          (a) purchase, as authorized or required by law, services that the department is
953     responsible to provide for legally eligible persons;
954          (b) take necessary steps, including legal action, to recover money or the monetary value
955     of services provided to a recipient who is not eligible;

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

987          [4-2-6].      4-2-107. Official seal -- Authentication of records.
988          (1) The department shall adopt and use an official seal, a description and impression of
989     which shall be filed with the Division of Archives.
990          (2) Copies of official department records, documents, and proceedings may be
991     authenticated with the seal attested by the commissioner.
992          Section 18. Section 4-2-108, which is renumbered from Section 4-2-7 is renumbered
993     and amended to read:
994          [4-2-7].      4-2-108. Agricultural Advisory Board created -- Composition --
995     Responsibility -- Terms of office -- Compensation.
996          (1) There is created the Agricultural Advisory Board composed of 21 members, with
997     each member representing one of the following:
998          (a) Utah Farm Bureau Federation;
999          (b) Utah Farmers Union;
1000          (c) Utah Cattlemen's Association;
1001          (d) Utah Wool Growers['] Association;
1002          (e) Utah Dairymen's Association;
1003          (f) Utah Pork [Producer's] Producers Association;
1004          (g) egg and poultry producers;
1005          (h) Utah Veterinary Medical Association;
1006          (i) Livestock Auction Marketing Association;
1007          (j) Utah Association of Conservation Districts;
1008          (k) the Utah horse industry;
1009          (l) the food processing industry;
1010          (m) the fruit and vegetable industry;
1011          (n) the turkey industry;
1012          (o) manufacturers of food supplements;
1013          (p) a consumer affairs group;
1014          (q) dean of the College of Agriculture and Applied Science and vice president of
1015     extension from Utah State University;
1016          (r) urban and small farmers;
1017          (s) Utah Elk Breeders Association;

1018          (t) Utah Beekeepers Association; and
1019          (u) Utah Fur Breeders Association.
1020          (2) (a) The Agricultural Advisory Board shall advise the commissioner regarding:
1021          (i) the planning, implementation, and administration of the department's programs; and
1022          (ii) the establishment of standards governing the care of livestock and poultry,
1023     including consideration of:
1024          (A) food safety;
1025          (B) local availability and affordability of food; and
1026          (C) acceptable practices for livestock and farm management.
1027          (b) The Agricultural Advisory Board shall fulfill the duties described in Title 4,
1028     Chapter 2, Part 5, Horse Tripping Awareness.
1029          (3) (a) Except as required by Subsection (3)(c), members are appointed by the
1030     commissioner to four-year terms of office.
1031          (b) The commissioner shall appoint representatives of the organizations cited in
1032     Subsections (1)(a) through (h) to the Agricultural Advisory Board from a list of nominees
1033     submitted by each organization.
1034          (c) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at
1035     the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1036     board members are staggered so that approximately half of the board is appointed every two
1037     years.
1038          (d) Members may be removed at the discretion of the commissioner upon the request
1039     of the group they represent.
1040          (e) When a vacancy occurs in the membership for any reason, the replacement shall be
1041     appointed for the unexpired term.
1042          (4) The board shall elect one member to serve as chair of the Agricultural Advisory
1043     Board for a term of one year.
1044          (5) (a) The board shall meet four times annually, but may meet more often at the
1045     discretion of the chair.
1046          (b) Attendance of 11 members at a duly called meeting constitutes a quorum for the
1047     transaction of official business.
1048          (6) A member may not receive compensation or benefits for the member's service, but

1049     may receive per diem and travel expenses in accordance with:
1050          (a) Section 63A-3-106;
1051          (b) Section 63A-3-107; and
1052          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1053     63A-3-107.
1054          Section 19. Section 4-2-109, which is renumbered from Section 4-2-8 is renumbered
1055     and amended to read:
1056          [4-2-8].      4-2-109. Temporary advisory committees -- Appointment --
1057     Compensation.
1058          (1) The commissioner, with the permission of the governor, may appoint other
1059     advisory committees on a temporary basis to offer technical advice to the department.
1060          (2) A member of a committee serves at the pleasure of the commissioner.
1061          (3) A member may not receive compensation or benefits for the member's service, but
1062     may receive per diem and travel expenses in accordance with:
1063          (a) Section 63A-3-106;
1064          (b) Section 63A-3-107; and
1065          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1066     63A-3-107.
1067          Section 20. Section 4-2-201, which is renumbered from Section 4-2-9 is renumbered
1068     and amended to read:
1069     
Part 2. State Chemist

1070          [4-2-9].      4-2-201. Appointment of the state chemist.
1071          The commissioner shall appoint a state chemist [shall be appointed by the
1072     commissioner].
1073          Section 21. Section 4-2-202, which is renumbered from Section 4-2-10 is renumbered
1074     and amended to read:
1075          [4-2-10].      4-2-202. State chemist responsibilities.
1076          (1) The state chemist shall:
1077          (a) serve as the chief administrative officer of the Division of Laboratories; and
1078          (b) supervise and administer all analytical tests required to be performed under this title
1079     or under any rule [authorized by it] adopted under this title.

1080          (2) The state chemist may perform analytical tests for other state agencies, federal
1081     agencies, units of local government, and private persons if:
1082          (a) the tests and analytical work do not interfere with, or impede, the work required by
1083     the department; and
1084          (b) a charge commensurate with the work involved is made and collected.
1085          (3) The state chemist shall perform any other official duties assigned by the
1086     commissioner.
1087          Section 22. Section 4-2-301, which is renumbered from Section 4-2-11 is renumbered
1088     and amended to read:
1089     
Part 3. Enforcement and Penalties

1090          [4-2-11].      4-2-301. Attorney general legal advisor for department -- County or
1091     district attorney may bring action upon request of department for violations of title.
1092          (1) The attorney general is the legal advisor for the department and shall defend the
1093     department and [its] the department's representatives in all actions and proceedings brought
1094     against [it] the department.
1095          (2) (a) The county attorney or the district attorney, as provided under Sections
1096     17-18a-202 and 17-18a-203, of the county in which a cause of action arises or a public offense
1097     occurs may bring civil or criminal action, upon request of the department, to enforce the laws,
1098     standards, orders, and rules of the department or to prosecute violations of this title.
1099          (b) If the county attorney or district attorney fails to act, the department may request the
1100     attorney general to bring an action on behalf of the department.
1101          Section 23. Section 4-2-302, which is renumbered from Section 4-2-12 is renumbered
1102     and amended to read:
1103          [4-2-12].      4-2-302. Notice of violation -- Order for corrective action.
1104          (1) Whenever the department determines that any person, or any officer or employee of
1105     any person, is violating any requirement of this title or rules adopted under this title, the
1106     department shall serve written notice upon the alleged violator [which] that specifies the
1107     violation and alleges the facts constituting the violation.
1108          (2) After serving notice as required in Subsection (1), the department may:
1109          (a) issue an order for necessary corrective action; and
1110          (b) request the attorney general [or the], county attorney, or [the] district attorney to

1111     seek injunctive relief and enforcement of the order as provided in Subsection [4-2-11]
1112     4-2-301(2).
1113          Section 24. Section 4-2-303, which is renumbered from Section 4-2-14 is renumbered
1114     and amended to read:
1115          [4-2-14].      4-2-303. Violations of title unlawful.
1116          It is unlawful for any person, or the [officers or employees] officer or employee of any
1117     person, to willfully violate, disobey, or disregard this title or any notice or order issued under
1118     this title.
1119          Section 25. Section 4-2-304, which is renumbered from Section 4-2-15 is renumbered
1120     and amended to read:
1121          [4-2-15].      4-2-304. Civil and criminal penalties -- Costs -- Civil liability.
1122          (1) (a) Except as otherwise provided by this title, any person, or the [officers or
1123     employees] officer or employee of any person, who violates this title or any lawful notice or
1124     order issued pursuant to this title shall be assessed a penalty not to exceed $5,000 per violation
1125     in a civil proceeding, and is guilty of a class B misdemeanor in a criminal proceeding [is guilty
1126     of a class B misdemeanor].
1127          (b) A subsequent criminal violation within two years is a class A misdemeanor.
1128          (2) Any person, or the [officers or employees] officer or employee of any person, shall
1129     be liable for any expenses incurred by the department in abating any violation of this title.
1130          (3) A penalty assessment or criminal conviction under this title does not relieve the
1131     person assessed or convicted from civil liability for claims arising out of any act [which] that
1132     was also a violation.
1133          Section 26. Section 4-2-401 is amended to read:
1134     
Part 4. State Veterinarian

1135          4-2-401. Appointment.
1136          The commissioner shall appoint a state veterinarian [shall be appointed by the
1137     commissioner].
1138          Section 27. Section 4-2-402 is amended to read:
1139          4-2-402. State veterinarian responsibilities.
1140          (1) The state veterinarian shall:
1141          (a) coordinate the department's responsibilities for:

1142          (i) the promotion of animal health; and
1143          (ii) the diagnosis, surveillance, and prevention of animal disease[; and].
1144          [(iii) livestock brand registration and inspection;]
1145          (b) aid the meat inspection manager, whose duties are specified by the commissioner,
1146     in the direction of the inspection of meat and poultry; and
1147          (c) perform other official duties assigned by the commissioner.
1148          (2) The state veterinarian may not receive compensation for services provided while
1149     engaging in the private practice of veterinary medicine.
1150          (3) The state veterinarian shall be a veterinarian licensed under Title 58, Chapter 28,
1151     Veterinary Practice Act.
1152          Section 28. Section 4-2-501 is amended to read:
1153     
Part 5. Horse Tripping Awareness

1154          4-2-501. Title.
1155          This part is known as "Horse Tripping Awareness."
1156          Section 29. Section 4-2-502 is amended to read:
1157          4-2-502. Definitions.
1158          As used in this part:
1159          (1) "Board" means the Agricultural Advisory Board created in Section [4-2-7] 4-2-108.
1160          (2) "Horse event" means an event in which horses are roped or tripped for the purpose
1161     of a specific event or contest.
1162          (3) (a) "Horse tripping" means the lassoing or roping of the legs of an equine, or
1163     otherwise tripping or causing an equine to fall by any means, for the purpose of entertainment,
1164     sport, or contest, or practice for entertainment, sport, or contest.
1165          (b) "Horse tripping" does not include accepted animal husbandry practices, customary
1166     farming practices, or commonly accepted practices occurring in conjunction with a sanctioned
1167     rodeo, animal race, or pulling contest.
1168          Section 30. Section 4-2-503 is amended to read:
1169          4-2-503. Event reporting requirements.
1170          (1) The owner of a venue holding a horse event shall:
1171          (a) at least 30 days before the day on which the horse event is to be held, notify the
1172     board of the date, time, and name of the horse event; and

1173          (b) no later than 30 days after the day on which the horse event is held, notify the board
1174     of:
1175          (i) the number and type of competitions held at the horse event;
1176          (ii) the number of horses used;
1177          (iii) whether horse tripping occurred, and if so how many horses were used in horse
1178     tripping and how many times each horse was tripped; and
1179          (iv) whether a veterinarian was called during the horse event, and if so:
1180          (A) the name and contact information of the veterinarian;
1181          (B) the outcome of the veterinarian's examination of a horse; and
1182          (C) all veterinarian charges incurred.
1183          (2) (a) The department shall compile all reports received pursuant to Subsection (1)
1184     and provide the information to the board.
1185          (b) The board shall, at a meeting described in Subsection [4-2-7] 4-2-108(5)(a):
1186          (i) review the information described in Subsection (2)(a); and
1187          (ii) if necessary, make recommendations for rules or legislation designed to prohibit
1188     horse tripping.
1189          (3) The department shall fine the owner of a venue that fails to fulfill the duties
1190     described in Subsection (1) $500 per violation.
1191          (4) The department, in consultation with the board, shall make rules in accordance with
1192     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to enforce this part.
1193          Section 31. Section 4-2-504 is amended to read:
1194          4-2-504. Horse tripping education -- Reporting requirements.
1195          [(1)] The department, in conjunction with the board, shall:
1196          [(a)] (1) send a letter, annually, to venues that host horse events:
1197          [(i)] (a) outlining the reporting requirements of Section 4-2-503; and
1198          [(ii)] (b) providing educational information on the negative effects of horse tripping;
1199     and
1200          [(b)] (2) promote, as funding allows, policies regarding the safety and welfare of horses
1201     involved in horse events, such as horse roping and horse tripping.
1202          [(2) The department and the board shall, by November 30, 2015, report to the Natural
1203     Resources, Agriculture, and Environment Interim Committee about:]

1204          [(a) reported incidents of horse tripping;]
1205          [(b) any recommendations made by the board pursuant to Subsection 4-2-503(2)(b);
1206     and]
1207          [(c) the progress made in educating the public under Subsection (1).]
1208          Section 32. Section 4-3-101 is enacted to read:
1209     
CHAPTER 3. UTAH DAIRY ACT

1210     
Part 1. Organization

1211          4-3-101. Title.
1212          This chapter is known as the "Utah Dairy Act."
1213          Section 33. Section 4-3-102, which is renumbered from Section 4-3-1 is renumbered
1214     and amended to read:
1215          [4-3-1].      4-3-102. Definitions.
1216          As used in this chapter:
1217          (1) "Adulterated" means any dairy product that:
1218          (a) contains any poisonous or deleterious substance that may render it injurious to
1219     health;
1220          (b) has been produced, prepared, packaged, or held:
1221          (i) under unsanitary conditions;
1222          (ii) where it may have become contaminated; or
1223          (iii) where it may have become diseased or injurious to health;
1224          (c) contains any food additive that is unsafe within the meaning of 21 U.S.C. Sec. 348;
1225          (d) contains:
1226          (i) any filthy, putrid, or decomposed substance;
1227          (ii) fresh fluid milk with a lactic acid level at or above .0018; or
1228          (iii) cream with a lactic acid level at or above .008 or that is otherwise unfit for human
1229     food;
1230          (e) is the product of:
1231          (i) a diseased animal;
1232          (ii) an animal that died otherwise than by slaughter; or
1233          (iii) an animal fed upon uncooked offal;
1234          (f) has intentionally been subjected to radiation, unless the use of the radiation is in

1235     conformity with a rule or exemption promulgated by the department; or
1236          (g) (i) has any valuable constituent omitted or abstracted;
1237          (ii) has any substance substituted in whole or in part;
1238          (iii) has damage or inferiority concealed in any manner; or
1239          (iv) has any substance added, mixed, or packed with the product to:
1240          (A) increase its bulk or weight;
1241          (B) reduce its quality or strength; or
1242          (C) make it appear better or of greater value.
1243          (2) "Cow-share program" means a program in which a person acquires an undivided
1244     interest in a milk producing hoofed mammal through an agreement with a producer that
1245     includes:
1246          (a) a bill of sale for an interest in the mammal;
1247          (b) a boarding arrangement under which the person boards the mammal with the
1248     producer for the care and milking of the mammal and the boarding arrangement and bill of sale
1249     documents remain with the program operator;
1250          (c) an arrangement under which the person receives raw milk for personal use not to be
1251     sold or distributed in a retail environment or for profit; and
1252          (d) no more than two cows, 10 goats, and 10 sheep per farm in the program.
1253          (3) "Dairy product" means any product derived from raw or pasteurized milk.
1254          (4) "Distributor" means any person who distributes a dairy product.
1255          (5) (a) "Filled milk" means any milk, cream, or skimmed milk, whether condensed,
1256     evaporated, concentrated, powdered, dried, or desiccated, that has fat or oil other than milk fat
1257     added, blended, or compounded with it so that the resultant product is an imitation or
1258     semblance of milk, cream, or skimmed milk.
1259          (b) "Filled milk" does not include any distinctive proprietary food compound:
1260          (i) that is prepared and designated for feeding infants and young children, which is
1261     customarily used upon the order of a licensed physician;
1262          (ii) whose product name and label does not contain the word "milk"; and
1263          (iii) whose label conforms with the food labeling requirements.
1264          (6) "Frozen dairy products" mean dairy products normally served to the consumer in a
1265     frozen or semifrozen state.

1266          (7) "Grade A milk," "grade A milk products," and "milk" have the same meaning that
1267     is accorded the terms in the federal standards for grade A milk and grade A milk products
1268     unless modified by rules of the department.
1269          (8) "License" means a document allowing a person or plant to process, manufacture,
1270     supply, test, haul, or pasteurize milk or milk products or conduct other activity specified by the
1271     license.
1272          (9) "Manufacturer" means any person who processes milk in a way that changes the
1273     milk's character.
1274          (10) "Manufacturing milk" means milk used in the production of non-grade A dairy
1275     products.
1276          (11) "Misbranded" means:
1277          (a) any dairy product whose label is false or misleading in any particular, or whose
1278     label or package fails to conform to any federal regulation adopted by the department that
1279     pertains to packaging and labeling;
1280          (b) any dairy product in final packaged form manufactured in this state that does not
1281     bear:
1282          (i) the manufacturer's, packer's, or distributor's name, address, and plant number, if
1283     applicable;
1284          (ii) a clear statement of the product's common or usual name, quantity, and ingredients,
1285     if applicable; and
1286          (iii) any other information required by rule of the department;
1287          (c) any butter in consumer package form that is not at least B grade, or that does not
1288     meet the grade claimed on the package, measured by U.S.D.A. butter grade standards;
1289          (d) any imitation butter made in whole or in part from material other than wholesome
1290     milk or cream, except clearly labeled "margarine";
1291          (e) renovated butter unless the words "renovated butter," in letters not less than
1292     1/2-inch in height appear on each package, roll, square, or container of such butter; or
1293          (f) any dairy product in final packaged form that makes nutritional claims or adds or
1294     adjusts nutrients that are not so labeled.
1295          (12) "Pasteurization" means any process that renders dairy products practically free of
1296     disease organisms and is accepted by federal standards.

1297          (13) "Permit or certificate" means a document allowing a person to market milk.
1298          (14) "Plant" means any facility where milk is processed or manufactured.
1299          (15) "Processor" means any person who subjects milk to a process.
1300          (16) "Producer" means a person who owns a cow or other milk producing hoofed
1301     mammal that produces milk for consumption by persons other than the producer's family,
1302     employees, or nonpaying guests.
1303          (17) "Raw milk" means unpasteurized milk.
1304          (18) "Renovated butter" means butter that is reduced to a liquid state by melting and
1305     drawing off such liquid or butter oil and churning or otherwise manipulating it in connection
1306     with milk or any product of milk.
1307          (19) "Retailer" means any person who sells or distributes dairy products directly to the
1308     consumer.
1309          Section 34. Section 4-3-201, which is renumbered from Section 4-3-2 is renumbered
1310     and amended to read:
1311     
Part 2. Rules and Regulations

1312          [4-3-2].      4-3-201. Title -- Authority to make and enforce rules.
1313          The department is authorized and directed, subject to Title 63G, Chapter 3, Utah
1314     Administrative Rulemaking Act, to make and enforce [such] rules [as may in its judgment and
1315     discretion be necessary] to carry out the purposes of this chapter.
1316          Section 35. Section 4-3-202, which is renumbered from Section 4-3-3 is renumbered
1317     and amended to read:
1318          [4-3-3].      4-3-202. Authority in local jurisdictions to regulate dairy products
1319     -- Department standards to govern -- Department evaluation permitted -- Local notice to
1320     cease inspection.
1321          (1) While nothing in this chapter shall impair the authority of any town, city, or county
1322     to regulate the production, handling, storage, distribution, or sale of dairy products, frozen
1323     dairy products, grade A milk, grade A milk products, or milk, within their respective
1324     jurisdictions, a common standard as prescribed by the department shall be followed in such
1325     jurisdictions.
1326          (2) If a town, city, or county elects to enforce this chapter, the department shall accept
1327     its findings relative to inspections in lieu of making its own inspections, but the department

1328     may evaluate the effectiveness of any local inspection program.
1329          (3) If a town, city, or county intends to cease making inspections under this chapter, it
1330     shall notify the department of its intent to cease inspection at least one year in advance of the
1331     actual cessation of inspection.
1332          (4) Upon request, the commissioner shall cooperate with other state agencies, towns,
1333     cities, counties, and federal authorities in the administration and enforcement of this chapter.
1334          Section 36. Section 4-3-203, which is renumbered from Section 4-3-4 is renumbered
1335     and amended to read:
1336          [4-3-4].      4-3-203. Authority to inspect premises.
1337          (1) The department may inspect any premises where dairy products are produced,
1338     manufactured, processed, stored, or held for distribution, at reasonable times and places, to
1339     determine whether the premises are in compliance with this chapter and the rules adopted
1340     according to it.
1341          (2) If the department is denied access, it may proceed immediately to the nearest court
1342     of competent jurisdiction to seek an ex parte warrant or its equivalent to permit inspection of
1343     the premises.
1344          Section 37. Section 4-3-204, which is renumbered from Section 4-3-5 is renumbered
1345     and amended to read:
1346          [4-3-5].      4-3-204. Authority to collect samples -- Receipt -- Names of
1347     distributors.
1348          (1) Samples of dairy products from each dairy farm or processing plant may be secured
1349     and examined as often as deemed necessary by the department.
1350          (2) Samples of dairy products from stores, cafes, soda fountains, restaurants, and other
1351     places where dairy products are sold may be secured and examined as often as deemed
1352     necessary by the department.
1353          (3) Samples of milk or dairy products may be taken by the department at any time
1354     before final delivery to the consumer.
1355          (4) The department shall provide a signed receipt for all samples taken showing the
1356     date of sampling and the amount and kind of sample taken; provided, that the department is not
1357     liable to any person for the cost of any sample taken.
1358          (5) All proprietors of stores, cafes, restaurants, soda fountains, and other similar places

1359     shall furnish the department, upon request, with the names of all distributors from whom dairy
1360     products are obtained.
1361          Section 38. Section 4-3-205, which is renumbered from Section 4-3-6 is renumbered
1362     and amended to read:
1363          [4-3-6].      4-3-205. Condemnation, embargo, denaturization of unfit milk or
1364     dairy products -- Unfit equipment.
1365          (1) The department may condemn or embargo any milk or dairy product which is
1366     adulterated, misbranded, or not produced or processed in accordance with this chapter.
1367          (2) The department may condemn the use of any equipment, tank, or container used to
1368     produce, process, manufacture, or transport milk or dairy products that it finds, upon
1369     inspection, to be unclean or contaminated.
1370          (3) The department may mark or tag any condemned equipment, tank, or container
1371     with the words "this (equipment, tank, or container) is unfit to contain human food."
1372          (4) Condemned milk shall be decharacterized or denatured with harmless coloring or
1373     rennet by the department.
1374          Section 39. Section 4-3-206, which is renumbered from Section 4-3-7 is renumbered
1375     and amended to read:
1376          [4-3-7].      4-3-206. Testing and measuring milk -- Standards prescribed --
1377     Milk quality work in accordance with rules.
1378          (1) Milk shall be tested and measured in accordance with:
1379          (a) the latest edition of "Association of Official Analytical Chemists";
1380          (b) the latest edition of "Standard Methods for Examination of Dairy Products";
1381          (c) other publications accepted by the department; or
1382          (d) methods prescribed by the department.
1383          (2) A processor or manufacturer shall perform quality work in accordance with the
1384     rules adopted by the department.
1385          Section 40. Section 4-3-301, which is renumbered from Section 4-3-8 is renumbered
1386     and amended to read:
1387     
Part 3. Licensing Permits

1388          [4-3-8].      4-3-301. Licenses and permits -- Application -- Fee -- Expiration --
1389     Renewal.

1390          (1) Application for a license to operate a plant, manufacture butter or cheese,
1391     pasteurize milk, test milk for payment, haul milk in bulk, or for the wholesale distribution of
1392     dairy products shall be made to the department upon forms prescribed and furnished by it.
1393          (2) Upon receipt of a proper application, compliance with all applicable rules, and
1394     payment of a license fee determined by the department according to Subsection [4-2-2]
1395     4-2-103(2), the commissioner, if satisfied that the public convenience and necessity and the
1396     industry will be served, shall issue an appropriate license to the applicant subject to suspension
1397     or revocation for cause.
1398          (3) Each license issued under this section expires at midnight on December 31 of each
1399     year.
1400          (4) A license to operate a plant, manufacture butter or cheese, pasteurize milk, test milk
1401     for payment, haul milk in bulk, or for the wholesale distribution of dairy products, is renewable
1402     for a period of one year upon the payment of an annual license renewal fee determined by the
1403     department according to Subsection [4-2-2] 4-2-103(2) on or before December 31 of each year.
1404          (5) Application for a permit or certificate to produce milk shall be made to the
1405     department on forms prescribed and furnished by it.
1406          (6) (a) Upon receipt of a proper application and compliance with all applicable rules,
1407     the commissioner shall issue a permit entitling the applicant to engage in the business of
1408     producer, subject to suspension or revocation for cause.
1409          (b) No fee may be charged by the department for issuance of a permit or certificate.
1410          Section 41. Section 4-3-302, which is renumbered from Section 4-3-9 is renumbered
1411     and amended to read:
1412          [4-3-9].      4-3-302. Licenses, permits, and certificates -- Suspension or
1413     revocation -- Grounds.
1414          (1) The department may revoke or suspend the license, permit, or certification of any
1415     person who violates this chapter or any rule enacted under the authority of this chapter.
1416          (2) All or part of any license, permit, or certification may be suspended immediately if
1417     an emergency exists that presents a clear and present danger to the public health, or if
1418     inspection or sampling is refused.
1419          Section 42. Section 4-3-401, which is renumbered from Section 4-3-10 is renumbered
1420     and amended to read:

1421     
Part 4. Unlawful Acts

1422          [4-3-10].      4-3-401. Unlawful acts specified.
1423          It is unlawful for any person in this state to:
1424          (1) operate a plant without a license issued by the department;
1425          (2) market milk without a permit or certificate issued by the department;
1426          (3) manufacture butter or cheese, pasteurize milk, test milk for payment, or haul milk
1427     in bulk without a special license to perform the particular activity designated in this Subsection
1428     (3); unless if more than one person working in a plant is engaged in the performance of a single
1429     activity designated in this Subsection (3), the person who directs the activity is licensed;
1430          (4) manufacture, distribute, sell, deliver, hold, store, or offer for sale any adulterated or
1431     misbranded dairy product;
1432          (5) manufacture, distribute, sell, deliver, hold, store, or offer for sale any dairy product
1433     without a license, permit, or certificate required by this chapter;
1434          (6) sell or offer for sale any milk not intended for human consumption unless it is
1435     denatured or decharacterized in accordance with the rules of the department;
1436          (7) manufacture, distribute, sell, or offer for sale any filled milk labeled as milk or as a
1437     dairy product;
1438          (8) keep any animals with brucellosis, tuberculosis, or other infectious or contagious
1439     diseases communicable to humans in any place where they may come in contact with cows or
1440     other milking animals;
1441          (9) draw milk for human food from cows or other milking animals that are infected
1442     with tuberculosis, running sores, communicable diseases, or from animals that are fed feed that
1443     will produce milk that is adulterated;
1444          (10) accept or process milk from any producer without verification that the producer
1445     holds a valid permit or certification or, if milk is accepted from out of the state, without
1446     verification that the producer holds a permit or certification from the appropriate regulatory
1447     agency of that state;
1448          (11) use any contaminated or unclean equipment or container to process, manufacture,
1449     distribute, deliver, or sell a dairy product;
1450          (12) remove, change, conceal, erase, or obliterate any mark or tag placed upon any
1451     equipment, tank, or container by the department except to clean and sanitize it;

1452          (13) use any tank or container used for the transportation of milk or other dairy
1453     products that is unclean or contaminated;
1454          (14) refuse to allow the department to take samples for testing; or
1455          (15) prohibit adding vitamin compounds in the processing of milk and dairy products
1456     in accordance with rules of the department.
1457          Section 43. Section 4-3-402, which is renumbered from Section 4-3-11 is renumbered
1458     and amended to read:
1459          [4-3-11].      4-3-402. Processors, manufacturers, or distributors -- Unlawful to
1460     give money, equipment, or fixtures to retailer or consumer -- Exceptions -- Shelf space for
1461     dairy products.
1462          (1) As used in this section:
1463          (a) "liquid dairy product" means a milk container which contains a pint of milk or less;
1464     and
1465          (b) "novelty ice cream" means a package or container of ice cream which contains
1466     eight fluid ounces or less.
1467          (2) Except as provided in Subsections (3) and (4), no processor, manufacturer,
1468     distributor, or his affiliates, subsidiaries, associates, agents or stockholders shall furnish,
1469     service, repair, give, lease, sell, or loan to a retailer or consumer any:
1470          (a) money;
1471          (b) equipment;
1472          (c) fixtures, including ice cream cabinets or bulk milk dispensers;
1473          (d) supplies, excluding expendable supplies commonly provided in connection with the
1474     sale of dairy products to a consumer; or
1475          (e) other things having a real or substantial value.
1476          (3) (a) Ice cream cabinets may be loaned or sold to a retailer if the ice cream cabinet:
1477          (i) is portable;
1478          (ii) has a storage capacity not exceeding 12 cubic feet; and
1479          (iii) is used solely for retail display sales of novelty ice cream.
1480          (b) Milk coolers may be loaned or sold to a retailer if the milk cooler:
1481          (i) is portable;
1482          (ii) has a storage capacity not exceeding 12 cubic feet; and

1483          (iii) is used solely for retail display sales of liquid dairy products.
1484          (4) The leasing or renting of cabinets, dispensers, or coolers for dairy products for civic
1485     affairs, demonstrations, or exhibits is prohibited unless it is for a period of 10 days or less in
1486     any one period of three consecutive months.
1487          (5) (a) Except as provided in Subsections (5)(b) and (5)(c), no retailer shall lease, sell,
1488     or loan shelf or refrigerator space for dairy products to a processor, manufacturer, or distributor
1489     or receive anything of value from a processor, manufacturer, or distributor in exchange for
1490     shelf or refrigerator space for dairy products.
1491          (b) Subsection (5)(a) does not apply to a dairy by-product that is:
1492          (i) a short-term special; or
1493          (ii) a new product being introduced on a trial basis for a period not to exceed 45 days.
1494          (c) A processor, manufacturer, or distributor may loan or sell an ice cream cabinet or
1495     milk cooler to a retailer for the display of the processor's, manufacturer's, or distributor's
1496     products, if the ice cream cabinet or milk cooler meets the requirements of Subsection (3).
1497          Section 44. Section 4-3-403, which is renumbered from Section 4-3-12 is renumbered
1498     and amended to read:
1499          [4-3-12].      4-3-403. Injunctions -- Bond not required -- Standing to maintain
1500     private action -- Damages authorized.
1501          (1) (a) The commissioner is authorized to apply to any court of competent jurisdiction
1502     for a temporary restraining order or injunction restraining any person from violating this
1503     chapter.
1504          (b) No bond shall be required of the department in any proceeding brought under this
1505     subsection.
1506          (2) (a) In addition to penalties provided in this chapter, any person who suffers or is
1507     threatened with injury from any existing or threatened violation of Section [4-3-11] 4-3-402
1508     may commence an action in any court of competent jurisdiction for damages and, if proper,
1509     injunctive relief.
1510          (b) Any organized and existing trade association, whether incorporated or not, is
1511     authorized to institute and prosecute a suit for injunctive relief and damages, as the real party in
1512     interest, on behalf of one or more of its members if the violation of Section [4-3-11] 4-3-402
1513     directly or indirectly affects a member.

1514          Section 45. Section 4-3-501, which is renumbered from Section 4-3-1.3 is renumbered
1515     and amended to read:
1516     
Part 5. Special Programs

1517          [4-3-1.3].      4-3-501. Cow share program notification.
1518          (1) A producer who is in a cow-share program, as defined in Section [4-3-1] 4-3-102,
1519     shall notify the department of the cow-share program and include in the notification:
1520          (a) the producer's name; and
1521          (b) a valid, current address of the farm on which the milk producing hoofed mammal in
1522     the cow-share program is located.
1523          (2) Upon receipt, the department shall keep a notification of a cow-share program
1524     described in Subsection (1) on file.
1525          Section 46. Section 4-3-502, which is renumbered from Section 4-3-13 is renumbered
1526     and amended to read:
1527          [4-3-13].      4-3-502. Exemption.
1528          (1) This chapter does not apply to milk or milk products produced on the farm if such
1529     milk or milk products are used by:
1530          (a) the owner of the farm;
1531          (b) a member of the owner's immediate family;
1532          (c) a participant in a cow-share program; or
1533          (d) a member of a participant in a cow-share program's immediate family.
1534          (2) The department may not adopt a rule that restricts, limits, or imposes additional
1535     requirements on an individual obtaining:
1536          (a) raw milk in accordance with the terms of a cow-share program agreement; or
1537          (b) an interest in a cow-share program in accordance with the terms of the cow-share
1538     program agreement.
1539          Section 47. Section 4-3-503, which is renumbered from Section 4-3-14 is renumbered
1540     and amended to read:
1541          [4-3-14].      4-3-503. Sale of raw milk -- Suspension of producer's permit --
1542     Severability not permitted.
1543          (1) As used in this section:
1544          (a) "Batch" means all the milk emptied from one bulk tank and bottled in a single day.

1545          (b) "Self-owned retail store" means a retail store:
1546          (i) of which the producer owns at least 51% of the value of the real property and
1547     tangible personal property used in the operations of the retail store; or
1548          (ii) for which the producer has the power to vote at least 51% of any class of voting
1549     shares or ownership interest in the business entity that operates the retail store.
1550          (2) Raw milk may be manufactured, distributed, sold, delivered, held, stored, or offered
1551     for sale if:
1552          (a) the producer obtains a permit from the department to produce milk under
1553     Subsection [4-3-8] 4-3-301(5);
1554          (b) the sale and delivery of the milk is made upon the premises where the milk is
1555     produced, except as provided by Subsection (3);
1556          (c) the raw milk is sold to consumers for household use and not for resale;
1557          (d) the raw milk is bottled or packaged under sanitary conditions and in sanitary
1558     containers on the premises where the raw milk is produced;
1559          (e) the raw milk is labeled "raw milk" and meets the labeling requirements under 21
1560     C.F.R. Parts 101 and 131 and rules established by the department;
1561          (f) the raw milk is:
1562          (i) cooled to 50 degrees Fahrenheit or a lower temperature within one hour after being
1563     drawn from the animal;
1564          (ii) further cooled to 41 degrees Fahrenheit within two hours of being drawn from the
1565     animal; and
1566          (iii) maintained at 41 degrees Fahrenheit or a lower temperature until the raw milk is
1567     delivered to the consumer;
1568          (g) the bacterial count of the raw milk does not exceed 20,000 colony forming units per
1569     milliliter;
1570          (h) the coliform count of the raw milk does not exceed 10 colony forming units per
1571     milliliter;
1572          (i) the production of the raw milk conforms to departmental rules for the production of
1573     grade A milk;
1574          (j) all dairy animals on the premises are:
1575          (i) permanently and individually identifiable; and

1576          (ii) free of tuberculosis, brucellosis, and other diseases carried through milk; and
1577          (k) any person on the premises performing any work in connection with the production,
1578     bottling, handling, or sale of the raw milk is free from communicable disease.
1579          (3) A producer may distribute, sell, deliver, hold, store, or offer for sale raw milk at a
1580     self-owned retail store, which is properly staffed, if, in addition to the requirements of
1581     Subsection (2), the producer:
1582          (a) transports the raw milk from the premises where the raw milk is produced to the
1583     self-owned retail store in a refrigerated truck where the raw milk is maintained at 41 degrees
1584     Fahrenheit or a lower temperature;
1585          (b) retains ownership of the raw milk until it is sold to the final consumer, including
1586     transporting the raw milk from the premises where the raw milk is produced to the self-owned
1587     retail store without any:
1588          (i) intervening storage;
1589          (ii) change of ownership; or
1590          (iii) loss of physical control;
1591          (c) stores the raw milk at 41 degrees Fahrenheit or a lower temperature in a display
1592     case equipped with a properly calibrated thermometer at the self-owned retail store;
1593          (d) places a sign above each display case that contains raw milk at the self-owned retail
1594     store that:
1595          (i) is prominent;
1596          (ii) is easily readable by a consumer;
1597          (iii) reads in print that is no smaller than .5 inches in bold type, "This milk is raw and
1598     unpasteurized. Please keep refrigerated"; and
1599          (iv) meets any other requirement established by the department by rule;
1600          (e) labels the raw milk with:
1601          (i) a date, no more than nine days after the raw milk is produced, by which the raw
1602     milk should be sold;
1603          (ii) the statement "Raw milk, no matter how carefully produced, may be unsafe.";
1604          (iii) handling instructions to preserve quality and avoid contamination or spoilage;
1605          (iv) by January 1, 2017, a specific colored label as determined by the department by
1606     rule; and

1607          (v) any other information required by rule;
1608          (f) refrains from offering the raw milk for sale until:
1609          (i) the department or a third party certified by the department tests each batch of raw
1610     milk for standard plate count and coliform count; and
1611          (ii) the test results meet the minimum standards established for those tests;
1612          (g) (i) maintains a database of the raw milk sales; and
1613          (ii) makes the database available to the Department of Health during the self-owned
1614     retail store's business hours for purposes of epidemiological investigation;
1615          (h) ensures that the plant and retail store complies with [Title 4,] Chapter 5, Utah
1616     Wholesome Food Act, and the rules governing food establishments enacted under Section
1617     [4-5-9] 4-5-401; and
1618          (i) complies with all applicable rules adopted as authorized by this chapter.
1619          (4) A producer may distribute, sell, deliver, hold, store, or offer for sale raw milk and
1620     pasteurized milk at the same self-owned retail store if:
1621          (a) the self-owned retail store is properly staffed; and
1622          (b) the producer:
1623          (i) meets the requirements of Subsections (2) and (3);
1624          (ii) operates the self-owned retail store on the same property where the raw milk is
1625     produced; and
1626          (iii) maintains separate, labeled, refrigerated display cases for raw milk and pasteurized
1627     milk.
1628          (5) A person who conducts a test required by Subsection (3) shall send a copy of the
1629     test results to the department as soon as the test results are available.
1630          (6) (a) The department shall adopt rules, as authorized by Section [4-3-2] 4-3-201,
1631     governing the sale of raw milk at a self-owned retail store.
1632          (b) The rules adopted by the department shall include rules regarding:
1633          (i) permits;
1634          (ii) building and premises requirements;
1635          (iii) sanitation and operating requirements, including bulk milk tanks requirements;
1636          (iv) additional tests;
1637          (v) frequency of inspections, including random cooler checks;

1638          (vi) recordkeeping; and
1639          (vii) packaging and labeling.
1640          (c) (i) The department shall establish and collect a fee for the tests and inspections
1641     required by this section and by rule in accordance with Section 63J-1-504.
1642          (ii) Notwithstanding Section 63J-1-504, the department shall retain the fees as
1643     dedicated credits and may only use the fees to administer and enforce this section.
1644          (7) (a) The department shall suspend a permit issued under Section [4-3-8] 4-3-301 if:
1645          (i) two out of four consecutive samples or two samples in a 30-day period violate
1646     sample limits established under this section; or
1647          (ii) a producer violates a provision of this section or a rule adopted as authorized by
1648     this section.
1649          (b) The department may reissue a permit that has been suspended under Subsection
1650     (7)(a) if the producer has complied with all of the requirements of this section and rules
1651     adopted as authorized by this section.
1652          [(8) For 2014 and 2015, the Department of Health and the Department of Agriculture
1653     and Food shall report on or before November 30th to the Natural Resources, Agriculture, and
1654     Environment Interim Committee on any health problems resulting from the sale of raw whole
1655     milk at self-owned retail stores.]
1656          [(9)] (8) (a) If any subsection of this section or the application of any subsection to any
1657     person or circumstance is held invalid by a final decision of a court of competent jurisdiction,
1658     the remainder of the section may not be given effect without the invalid subsection or
1659     application.
1660          (b) The provisions of this section may not be severed.
1661          Section 48. Section 4-4-101, which is renumbered from Section 4-4-1 is renumbered
1662     and amended to read:
1663     
CHAPTER 4. EGGS

1664          [4-4-1].      4-4-101. Title.
1665          [The department shall establish grades and standards of quality, size, and weight
1666     governing the sale of eggs.] This chapter is known as "Eggs."
1667          Section 49. Section 4-4-102, which is renumbered from Section 4-4-2 is renumbered
1668     and amended to read:

1669          [4-4-2].      4-4-102. Department to establish egg grades and standards --
1670     Authority to make and enforce rules.
1671          (1) The department shall establish grades and standards of quality, size, and weight
1672     governing the sale of eggs.
1673          (2) The department [is authorized] shall, subject to Title 63G, Chapter 3, Utah
1674     Administrative Rulemaking Act, [to] make and enforce [such] rules [as in its judgment] that
1675     are necessary to administer and enforce this chapter.
1676          Section 50. Section 4-4-103, which is renumbered from Section 4-4-3 is renumbered
1677     and amended to read:
1678          [4-4-3].      4-4-103. Definitions.
1679          As used in this chapter:
1680          (1) "Addled" or "white rot" means putrid or rotten.
1681          (2) "Adherent yolk" means the yolk has settled to one side and become fastened to the
1682     shell.
1683          (3) "Albumen" means the white of an egg.
1684          [(3)] (4) "Black rot" means the egg has deteriorated to such an extent that the whole
1685     interior presents a blackened appearance.
1686          [(4)] (5) "Black spot" means [mould] mold or bacteria have developed in isolated areas
1687     inside the shell.
1688          [(5)] (6) "Blood ring" means bacteria have developed to such an extent that blood is
1689     formed.
1690          [(6)] (7) "Candling" means the act of determining the condition of an egg by holding it
1691     before a strong light in such a way that [it] the light shines through the egg and reveals [its] the
1692     egg's contents.
1693          [(7) "Mouldy" means mould]
1694          (8) "Moldy" means mold spores have formed within the shell.
1695          Section 51. Section 4-4-104, which is renumbered from Section 4-4-4 is renumbered
1696     and amended to read:
1697          [4-4-4].      4-4-104. Unlawful acts specified.
1698          (1) It is unlawful for any person to sell, offer, or expose [any egg] for sale for human
1699     consumption any egg:

1700          (a) that is addled or [mouldy] moldy or that contains black spot, black rot, white rot,
1701     blood ring, adherent yolk, or a bloody or green [white, also called] albumen; or
1702          (b) without a sign or label that conforms to the standards for display and grade adopted
1703     by the department.
1704          (2) Nothing in this section [shall prohibit] prohibits the sale of a denatured [eggs] egg.
1705          Section 52. Section 4-4-105, which is renumbered from Section 4-4-5 is renumbered
1706     and amended to read:
1707          [4-4-5].      4-4-105. Maintenance of candling records -- Inspection of records.
1708          [Every] (1) A person who sells, offers, or exposes eggs for sale or exchange shall
1709     maintain candling records as prescribed by the department.
1710          (2) All candling records shall be open for examination by accredited inspectors or
1711     representatives of the department at reasonable times.
1712          Section 53. Section 4-4-106, which is renumbered from Section 4-4-6 is renumbered
1713     and amended to read:
1714          [4-4-6].      4-4-106. Retailers exempt from prosecution -- Conditions for
1715     exemption.
1716          [No] (1) Subject to Subsection (2), no retailer is subject to prosecution under this
1717     chapter if the retailer can establish that:
1718          (a) at the time [the eggs were] an egg was purchased the seller guaranteed that the
1719     [eggs] egg conformed to the grade [and], quality [and], size, and weight stated in the purchase
1720     invoice; and [that]
1721          (b) the [eggs were] egg was labeled for sale by the retailer in accordance with the
1722     purchase invoice[; provided, that such guaranty].
1723          (2) The guaranty by the seller described in Subsection (1)(a) does not exempt a retailer
1724     from prosecution if the [eggs] egg covered by the guaranty deteriorated to a lower grade or
1725     standard through some action or inaction of the retailer.
1726          Section 54. Section 4-5-101, which is renumbered from Section 4-5-1 is renumbered
1727     and amended to read:
1728     
CHAPTER 5. UTAH WHOLESOME FOOD ACT

1729     
Part 1. Administration

1730          [4-5-1].      4-5-101. Title.

1731          This chapter is known as the "Utah Wholesome Food Act."
1732          Section 55. Section 4-5-102, which is renumbered from Section 4-5-2 is renumbered
1733     and amended to read:
1734          [4-5-2].      4-5-102. Definitions.
1735          As used in this chapter:
1736          (1) "Advertisement" means a representation, other than by labeling, made to induce the
1737     purchase of food.
1738          (2) (a) "Color additive":
1739          (i) means a dye, pigment, or other substance not exempted under the federal act that,
1740     when added or applied to a food, is capable of imparting color[. "Color"]; and
1741          (ii) includes black, white, and intermediate grays.
1742          (b) "Color additive" does not include a pesticide chemical, soil or plant nutrient, or
1743     other agricultural chemical which imparts color solely because of its effect, before or after
1744     harvest, in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or other
1745     natural physiological process of any plant life.
1746          (3) (a) "Consumer commodity" means a food, as defined by this act, or by the federal
1747     act.
1748          (b) "Consumer commodity" does not include:
1749          (i) a commodity subject to packaging or labeling requirements imposed under the
1750     Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Sec. 136 et seq.;
1751          (ii) a commodity subject to Title 4, Chapter 16, Utah Seed Act;
1752          (iii) a meat or meat product subject to the Federal Meat Inspection Act, 21 U.S.C. Sec.
1753     601 et seq.;
1754          (iv) a poultry or poultry product subject to the Poultry Inspection Act, 21 U.S.C. Sec.
1755     451 et seq.;
1756          (v) a tobacco or tobacco product; or
1757          (vi) a beverage subject to or complying with packaging or labeling requirements
1758     imposed under the Federal Alcohol Administration Act, 27 U.S.C. Sec. 201 et seq.
1759          (4) "Contaminated" means not securely protected from dust, dirt, or foreign or
1760     injurious agents.
1761          (5) "Farmers market" means a market where producers of food products sell only fresh,

1762     raw, whole, unprocessed, and unprepared food items directly to the final consumer.
1763          (6) "Federal act" means the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301
1764     et seq.
1765          (7) "Food" means:
1766          (a) an article used for food or drink for human or animal consumption or the
1767     components of the article;
1768          (b) chewing gum or its components; or
1769          (c) a food supplement for special dietary use which is necessitated because of a
1770     physical, physiological, pathological, or other condition.
1771          (8) (a) "Food additive" means a substance, the intended use of which results in the
1772     substance becoming a component, or otherwise affecting the characteristics, of a food.
1773          (b) (i) "Food additive" includes a substance or source of radiation intended for use in
1774     producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or
1775     holding food.
1776          [(b)] (ii) "Food additive" does not include:
1777          [(i)] (A) a pesticide chemical in or on a raw agricultural commodity;
1778          [(ii)] (B) a pesticide chemical that is intended for use or is used in the production,
1779     storage, or transportation of a raw agricultural commodity; or
1780          [(iii)] (C) a substance used in accordance with a sanction or approval granted pursuant
1781     to the Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq. or the Federal Meat
1782     Inspection Act, 21 U.S.C. Sec. 601 et seq.
1783          (9) (a) "Food establishment" means a grocery store, bakery, candy factory, food
1784     processor, bottling plant, sugar factory, cannery, rabbit processor, meat processor, flour mill,
1785     cold or dry warehouse storage, or other facility where food products are manufactured, canned,
1786     processed, packaged, stored, transported, prepared, sold, or offered for sale.
1787          (b) "Food establishment" does not include:
1788          (i) a dairy farm, a dairy plant, or a meat establishment, which is subject to the Poultry
1789     Products Inspection Act, 21 U.S.C. Sec. 451 et seq., or the Federal Meat Inspection Act, 21
1790     U.S.C. Sec. 601 et seq.; or
1791          (ii) a farmers market.
1792          (10) "Label" means a written, printed, or graphic display on the immediate container of

1793     an article of food. [The department may require that a label contain specific written, printed, or
1794     graphic information which is:]
1795          [(a) displayed on the outside container or wrapper of a retail package of an article; or]
1796          [(b) easily legible through the outside container or wrapper.]
1797          (11) "Labeling" means a label and other written, printed, or graphic display:
1798          (a) on an article of food or its containers or wrappers; or
1799          (b) accompanying the article of food.
1800          (12) "Official compendium" means the official documents or supplements to the:
1801          (a) United States Pharmacopoeia;
1802          (b) National Formulary; or
1803          (c) Homeopathic Pharmacopoeia of the United States.
1804          (13) (a) "Package" means a container or wrapping in which a consumer commodity is
1805     enclosed for use in the delivery or display of the consumer commodity to retail purchasers.
1806          (b) "Package" does not include:
1807          (i) package liners;
1808          (ii) shipping containers or wrapping used solely for the transportation of consumer
1809     commodities in bulk or in quantity to manufacturers, packers, processors, or wholesale or retail
1810     distributors; or
1811          (iii) shipping containers or outer wrappings used by retailers to ship or deliver a
1812     consumer commodity to retail customers, if the containers and wrappings bear no printed
1813     information relating to the consumer commodity.
1814          (14) (a) "Pesticide" means a substance intended:
1815          (i) to prevent, destroy, repel, or mitigate a pest, as defined under Subsection [4-14-2]
1816     4-14-102(20); or
1817          (ii) for use as a plant regulator, defoliant, or desicant.
1818          (b) "Pesticide" does not include:
1819          (i) a new animal drug, as defined by 21 U.S.C. Sec. 321, that has been determined by
1820     the United States Secretary of Health and Human Services not to be a new animal drug by
1821     federal regulation establishing conditions of use of the drug; or
1822          (ii) animal feed, as defined by 21 U.S.C. Sec. 321, bearing or containing a new animal
1823     drug.

1824          (15) "Principal display panel" means that part of a label that is most likely to be
1825     displayed, presented, shown, or examined under normal and customary conditions of display
1826     for retail sale.
1827          (16) "Raw agricultural commodity" means a food in its raw or natural state, including
1828     all fruits that are washed, colored, or otherwise treated in their unpeeled, natural form prior to
1829     marketing.
1830          (17) "Registration" means the issuance of a certificate by the commissioner to a
1831     qualified food establishment.
1832          Section 56. Section 4-5-103, which is renumbered from Section 4-5-7 is renumbered
1833     and amended to read:
1834          [4-5-7].      4-5-103. Adulterated food specified.
1835          A food is adulterated:
1836          (1) (a) if it bears or contains any poisonous or deleterious substance that may render it
1837     injurious to health; but in case the substance is not an added substance the food may not be
1838     considered adulterated under this Subsection (1)(a) if the quantity of the substance in such food
1839     does not ordinarily render it injurious to health;
1840          (b) (i) if it bears or contains any added poisonous or added deleterious substance other
1841     than one that is:
1842          (A) a pesticide chemical in or on a raw agricultural commodity;
1843          (B) a food additive; or
1844          (C) a color additive that is unsafe within the meaning of Subsection [4-5-11]
1845     4-5-204(1); or
1846          (ii) if it is a raw agricultural commodity and it bears or contains a pesticide chemical
1847     that is unsafe within the meaning of 21 U.S.C. Sec. 346a; or
1848          (iii) if it is or it bears or contains any food additive that is unsafe within the meaning of
1849     21 U.S.C. Sec. 348; provided that where a pesticide chemical has been used in or on a raw
1850     agricultural commodity in conformity with an exemption granted or tolerance prescribed under
1851     21 U.S.C. 346a and the raw agricultural commodity has been subjected to processing such as
1852     canning, cooking, freezing, dehydrating, or milling the residue of such pesticide chemical
1853     remaining in or on such processed food shall, notwithstanding the provisions of Section
1854     [4-5-11] 4-5-204 and this Subsection (1)(b)(iii), not be considered unsafe if such residue in or

1855     on the raw agricultural commodity has been removed to the extent possible in good
1856     manufacturing practice, and the concentration of such residue in the processed food when ready
1857     to eat is not greater than the tolerance prescribed for the raw agricultural commodity;
1858          (c) if it consists in whole or in part of a diseased, contaminated, filthy, putrid, or
1859     decomposed substance, or if it is otherwise unfit for food;
1860          (d) if it has been produced, prepared, packed, or held under unsanitary conditions
1861     whereby it may have become contaminated with filth, or whereby it may have been rendered
1862     diseased, unwholesome, or injurious to health;
1863          (e) if it is, in whole or in part, the product of a diseased animal or an animal that has
1864     died otherwise than by slaughter, or of an animal that has been fed upon the uncooked offal
1865     from a slaughterhouse;
1866          (f) if its container is composed, in whole or in part, of any poisonous or deleterious
1867     substance that may render the contents injurious to health;
1868          (g) if it has been intentionally subjected to radiation, unless the use of the radiation was
1869     in conformity with a rule or exemption in effect pursuant to Section [4-5-11] 4-5-204, or 21
1870     U.S.C. Sec. 348; or
1871          (h) in meat or meat products are adulterated:
1872          (i) if such products are in casings, packages, or wrappers through which any part of
1873     their contents can be seen and which, or the markings of which, are colored red or any other
1874     color so as to be misleading or deceptive with respect to the color, quality, or kind of such
1875     products to which they are applied; or
1876          (ii) if such products contain or bear any color additive;
1877          (2) (a) if any valuable constituent has been in whole or in part omitted or abstracted
1878     therefrom;
1879          (b) if any substance has been substituted wholly or in part therefor;
1880          (c) if damage or inferiority has been concealed in any manner; or
1881          (d) if any substance has been added or mixed or packed therewith so as to increase its
1882     bulk or weight, or reduce its quality or strength or make it appear better or of greater value than
1883     it is; or
1884          (3) if it is confectionery, and:
1885          (a) has partially or completely imbedded therein any nonnutritive object; provided that

1886     this Subsection (3)(a) does not apply in the case of any nonnutritive objective if, in the
1887     judgment of the department such object is of practical functional value to the confectionery
1888     product and would not render the product injurious or hazardous to health;
1889          (b) bears or contains any alcohol other than alcohol not in excess of .05% by volume
1890     derived solely from the use of flavoring extracts; or
1891          (c) bears or contains any nonnutritive substance; provided, that this Subsection (3)(c)
1892     does not apply to a safe nonnutritive substance that is in or on confectionery by reason of its
1893     use for some practical functional purpose in the manufacture, packaging, or storing of such
1894     confectionery if the use of the substance does not promote deception of the consumer or
1895     otherwise result in adulteration or misbranding in violation of this chapter.
1896          (4) The department may, for the purpose of avoiding or resolving uncertainty as to the
1897     application of Subsection (3)(c), issue rules allowing or prohibiting the use of particular
1898     nonnutritive substances.
1899          Section 57. Section 4-5-104, which is renumbered from Section 4-5-17 is renumbered
1900     and amended to read:
1901          [4-5-17].      4-5-104. Authority to make and enforce rules.
1902          (1) The department may adopt rules to efficiently enforce this chapter, and if
1903     practicable, adopt rules that conform to the regulations adopted under the Federal Food, Drug,
1904     and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
1905          (2) Hearings authorized or required by this chapter shall be conducted by the
1906     department or by an officer, agent, or employee designated by the department.
1907          (3) (a) Except as provided by Subsection (3)(b), all pesticide chemical regulations and
1908     their amendments now or hereafter adopted under authority of the Federal Food, Drug, and
1909     Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the pesticide chemical regulations in this state.
1910          (b) The department may adopt a rule that prescribes tolerance for pesticides in finished
1911     foods in this state whether or not in accordance with regulations promulgated under the federal
1912     act.
1913          (4) (a) Except as provided by Subsection (4)(b), all food additive regulations and their
1914     amendments now or hereafter adopted under authority of the Federal Food, Drug, and
1915     Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the food additive regulations in this state.
1916          (b) The department may adopt a rule that prescribes conditions under which a food

1917     additive may be used in this state whether or not in accordance with regulations promulgated
1918     under the federal act.
1919          (5) All color additive regulations adopted under authority of the Federal Food, Drug,
1920     and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the color additive rules in this state.
1921          (6) (a) Except as provided by Subsection (6)(b), all special dietary use regulations
1922     adopted under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et
1923     seq., are the special dietary use rules in this state.
1924          (b) The department may, if it finds it necessary to inform purchasers of the value of a
1925     food for special dietary use, prescribe special dietary use rules whether or not in accordance
1926     with regulations promulgated under the federal act.
1927          (7) (a) Except as provided by Subsection (7)(b), all regulations adopted under the Fair
1928     Packaging and Labeling Act, 15 U.S.C. Sec. 1453 et seq., shall be the rules in this state.
1929          (b) Except as provided by Subsection (7)(c), the department may, if it finds it necessary
1930     in the interest of consumers, prescribe package and labeling rules for consumer commodities,
1931     whether or not in accordance with regulations promulgated under the federal act.
1932          (c) The department may not adopt rules that are contrary to the labeling requirements
1933     for the net quantity of contents required according to 15 U.S.C. Sec. 1453(a)(4).
1934          (8) (a) A federal regulation automatically adopted according to this chapter takes effect
1935     in this state on the date it becomes effective as a federal regulation.
1936          (b) The department shall publish all other proposed rules in publications prescribed by
1937     the department.
1938          (c) (i) A person who may be adversely affected by a rule may, within 30 days after a
1939     federal regulation is automatically adopted, or within 30 days after publication of any other
1940     rule, file with the department, in writing, objections and a request for a hearing.
1941          (ii) The timely filing of substantial objections to a federal regulation automatically
1942     adopted stays the effect of the rule.
1943          (d) (i) If no substantial objections are received and no hearing is requested within 30
1944     days after publication of a proposed rule, it shall take effect on a date set by the department.
1945          (ii) The effective date shall be at least 60 days after the time for filing objections has
1946     expired.
1947          (e) (i) If timely substantial objections are made to a federal regulation within 30 days

1948     after it is automatically adopted or to a proposed rule within 30 days after it is published, the
1949     department, after notice, shall conduct a public hearing to receive evidence on the issues raised
1950     by the objections.
1951          (ii) Any interested person or [his] the person's representative may be heard.
1952          (f) (i) The department shall act upon objections by order and shall mail the order to
1953     objectors by certified mail as soon after the hearing as practicable.
1954          (ii) The order shall be based on substantial evidence in the record of the hearing.
1955          (g) (i) If the order concerns a proposed rule, it may withdraw it or set an effective date
1956     for the rule as published or as modified by the order.
1957          (ii) The effective date shall be at least 60 days after publication of the order.
1958          (9) Whenever a regulation is promulgated under authority of the Federal Food, Drug,
1959     and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., establishing standards for food, the tolerances
1960     established by the department under this chapter shall immediately conform to the standards
1961     established by the Federal Food and Drug Administration as herein provided and shall remain
1962     the same until the department determines that for reasons peculiar to Utah a different rule
1963     should apply.
1964          Section 58. Section 4-5-105, which is renumbered from Section 4-5-18 is renumbered
1965     and amended to read:
1966          [4-5-18].      4-5-105. Inspection of premises and records -- Authority to take
1967     samples -- Inspection results reported.
1968          (1) An authorized agent of the department upon presenting appropriate credentials to
1969     the owner, operator, or agent in charge, may:
1970          (a) enter at reasonable times any factory, warehouse, or establishment in which food is
1971     manufactured, processed, packed, or held for introduction into commerce or after introduction
1972     into commerce;
1973          (b) enter any vehicle being used to transport or hold food in commerce;
1974          (c) inspect at reasonable times and within reasonable limits and in a reasonable manner
1975     any factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and
1976     unfinished materials, containers, and labeling located within it;
1977          (d) obtain samples necessary for the enforcement of this chapter so long as the
1978     department pays the posted price for the sample if requested to do so and receives a signed

1979     receipt from the person from whom the sample is taken;
1980          (e) have access to and copy all records of carriers in commerce showing:
1981          (i) the movement in commerce of any food;
1982          (ii) the holding of food during or after movement in commerce; and
1983          (iii) the quantity, shipper, and consignee of food.
1984          (2) Evidence obtained under this section may not be used in a criminal prosecution of
1985     the person from whom the evidence was obtained.
1986          (3) Carriers may not be subject to the other provisions of this chapter by reason of their
1987     receipt, carriage, holding, or delivery of food in the usual course of business as carriers.
1988          (4) Upon completion of the inspection of a factory, warehouse, consulting laboratory,
1989     or other establishment and prior to leaving the premises, the authorized agent making the
1990     inspection shall give to the owner, operator, or agent in charge a report in writing setting forth
1991     any conditions or practices observed by him which in his judgment indicate that any food in the
1992     establishment:
1993          (a) consists in whole or in part of any filthy, putrid, or decomposed substance; or
1994          (b) has been prepared, packed, or held under unsanitary conditions whereby it may
1995     have become contaminated with filth or whereby it may have been rendered injurious to health.
1996          (5) A copy of the report shall be sent promptly to the department.
1997          (6) If the authorized agent making the inspection of a factory, warehouse, or other
1998     establishment has obtained any sample in the course of the inspection, the agent shall give to
1999     the owner, operator, or agent in charge a receipt describing the samples obtained.
2000          (7) When in the course of the inspection the officer or employee making the inspection
2001     obtains a sample of any food and an analysis is made of the sample for the purpose of
2002     ascertaining whether the food consists in whole or in part of any filthy, putrid, or decomposed
2003     substance or is otherwise unfit for food, a copy of the results of the analysis shall be furnished
2004     promptly to the owner, operator, or agent in charge.
2005          Section 59. Section 4-5-106, which is renumbered from Section 4-5-19 is renumbered
2006     and amended to read:
2007          [4-5-19].      4-5-106. Publication of reports and information.
2008          (1) The department shall publish reports summarizing all judgments, decrees, and court
2009     orders which have been rendered under this chapter, including the nature of the charge and its

2010     disposition.
2011          (2) The department shall disseminate information regarding food which it considers
2012     necessary in the interest of public health and for the protection of consumers against fraud.
2013          (3) Nothing in this section [shall be construed to prohibit] prohibits the department
2014     from collecting, reporting, and illustrating the results of investigations made by [it] the
2015     department.
2016          Section 60. Section 4-5-201, which is renumbered from Section 4-5-8 is renumbered
2017     and amended to read:
2018     
Part 2. Labels and Regulations

2019          [4-5-8].      4-5-201. Labeling requirements -- Misbranded food specified.
2020          (1) The department may require that a label contain specific written, printed, or graphic
2021     information which is:
2022          (a) displayed on the outside container or wrapper of a retail package of an article; or
2023          (b) easily legible through the outside container or wrapper.
2024          [(1)] (2) Food is misbranded if:
2025          (a) its label is false or misleading in any way;
2026          (b) its labeling or packaging fails to conform with the requirements of Section [4-5-15]
2027     4-5-205;
2028          (c) it is offered for sale under the name of another food;
2029          (d) its container is so made, formed, or filled with packing material or air as to be
2030     misleading; or
2031          (e) it fails to conform with any requirement specified in this section.
2032          [(2)] (3) A food that is an imitation of another food shall bear a label, in type of
2033     uniform size and prominence, stating the word "imitation," and, immediately thereafter, the
2034     name of the food imitated.
2035          [(3)] (4) (a) A food in package form shall bear a label containing:
2036          (i) the name and place of business of the manufacturer, packer, or distributor; and
2037          (ii) an accurate statement of the quantity of the contents in terms of weight, measure, or
2038     numerical count.
2039          (b) The statement required by Subsection [(3)] (4)(a)(ii) shall be separately and
2040     accurately stated in a uniform location upon the principal display panel of the label unless

2041     reasonable variations and exemptions for small packages are established by a rule made by the
2042     department.
2043          (c) A manufacturer or distributor of carbonated beverages who utilizes proprietary
2044     stock or a proprietary crown is exempt from Subsection [(3)] (4)(a)(i) if he files with the
2045     department:
2046          (i) a sworn affidavit giving a full and complete description of each area within the state
2047     in which beverages of his manufacturing or distributing are to be distributed; and
2048          (ii) the name and address of the person responsible for compliance with this chapter
2049     within each of those areas.
2050          [(4)] (5) Any word, statement, or other information required by this chapter to appear
2051     on the label or labeling shall be:
2052          (a) prominently placed on the label;
2053          (b) conspicuous in comparison with other words, statements, designs, or devices in the
2054     labeling; and
2055          (c) in terms which render it likely to be read and understood by the ordinary individual
2056     under customary conditions of purchase and use.
2057          [(5)] (6) If a food is represented as a food for which a definition and standard of
2058     identity has been prescribed by federal regulations or department rules as provided by Section
2059     [4-5-6] 4-5-207, it shall:
2060          (a) conform to the definition and standard; and
2061          (b) have a label bearing:
2062          (i) the name of the food specified in the definition and standard; and
2063          (ii) insofar as may be required by the rules, the common names of optional ingredients,
2064     other than spices, flavorings, and colorings, present in the food.
2065          [(6)] (7) If a food is represented as a food for which a standard of quality has been
2066     prescribed by federal regulations or department rules as provided by Section [4-5-6] 4-5-207,
2067     and its quality falls below the standard, its label shall bear, in the manner and form as the
2068     regulations or rules specify, a statement indicating that it falls below the standards.
2069          [(7)] (8) If a food is represented as a food for which a standard of fill of container has
2070     been prescribed by federal regulations or department rules as provided by Section [4-5-6]
2071     4-5-207, and it falls below the applicable standard of fill, its label shall bear, in the manner and

2072     form as the regulations or rules specify, a statement indicating that it falls below the standard.
2073          [(8)] (9) (a) Any food for which neither a definition nor standard of identity has been
2074     prescribed by federal regulations or department rules as provided by Section [4-5-6] 4-5-207
2075     shall bear labeling clearly giving:
2076          (i) the common or usual name of the food, if any; and
2077          (ii) in case it is fabricated from two or more ingredients, the common or usual name of
2078     each ingredient, except that spices, flavorings, and colorings, other than those sold as such,
2079     may be designated as spices, flavorings, and colorings without naming each.
2080          (b) To the extent that compliance with the requirements of Subsection [(8)] (9)(a)(ii) is
2081     impractical or results in deception or unfair competition, exemptions shall be established by
2082     rules made by the department.
2083          [(9)] (10) If a food is represented as a food for special dietary uses, its label shall bear
2084     the information concerning its vitamin, mineral, and other dietary properties as the department
2085     by rule prescribes.
2086          [(10)] (11) (a) If a food bears or contains any artificial flavoring, artificial coloring, or
2087     chemical preservatives, its label shall state that fact.
2088          (b) If compliance with the requirements of [this subsection] Subsection (11)(a) is
2089     impracticable, exemptions shall be established by rules made by the department.
2090          [(11)] (12) (a) The shipping container of any raw agricultural commodity bearing or
2091     containing a pesticide chemical applied after harvest shall bear labeling which declares the
2092     presence of the chemical in or on the commodity and the common or usual name and function
2093     of the chemical.
2094          (b) The declaration is not required while the commodity, having been removed from
2095     the shipping container, is being held or displaced for sale at retail out of the container in
2096     accordance with the custom of the trade.
2097          [(12)] (13) A product intended as an ingredient of another food, when used according
2098     to the directions of the purveyor, may not result in the final food product being adulterated or
2099     misbranded.
2100          [(13)] (14) The packaging and labeling of a color additive shall be in conformity with
2101     the packaging and labeling requirements applicable to the color additive prescribed under the
2102     federal act.

2103          [(14)] (15) (a) Subsections [(5), (8), and (10)] (6), (9), and (11) with respect to artificial
2104     coloring do not apply to butter, cheese, or ice cream.
2105          (b) Subsection [(10)] (11) with respect to chemical preservatives does not apply to a
2106     pesticide chemical when used in or on a raw agricultural commodity.
2107          Section 61. Section 4-5-202, which is renumbered from Section 4-5-5 is renumbered
2108     and amended to read:
2109          [4-5-5].      4-5-202. Adulterated or misbranded articles -- Tagging -- Detention
2110     or embargo -- Court proceedings for condemnation -- Perishable food.
2111          (1) (a) When an authorized agent of the department finds or has probable cause to
2112     believe that any food is adulterated, or so misbranded as to be dangerous or fraudulent within
2113     the meaning of this chapter, [he] the agents shall affix to the food a tag or other appropriate
2114     marking, giving notice that:
2115          (i) the food is, or is suspected of being, adulterated or misbranded;
2116          (ii) the food has been detained or embargoed; and
2117          (iii) removal of the food is prohibited as provided in Subsection (1)(b).
2118          (b) No person may remove or dispose of detained or embargoed food by sale or
2119     otherwise until permission for removal or disposal is given by an agent of the department or the
2120     court.
2121          (2) (a) When food detained or embargoed under Subsection (1) has been found by an
2122     agent to be adulterated or misbranded, the department shall petition the district court in whose
2123     jurisdiction the food is detained or embargoed for an order of condemnation of the food.
2124          (b) When the agent has found that food so detained or embargoed is not adulterated or
2125     misbranded, the department shall remove the tag or other marking.
2126          (3) (a) If the court finds that detained or embargoed food is adulterated or misbranded,
2127     the food shall, after entry of the decree, be destroyed under the supervision of the agent.
2128          (b) If the adulteration or misbranding can be corrected by proper labeling or processing
2129     of the food, the court may by order direct that the food be delivered to the claimant for labeling
2130     or processing after:
2131          (i) entry of the decree;
2132          (ii) all costs, fees, and expenses have been paid; and
2133          (iii) a sufficient bond, conditioned that the food shall be properly labeled and

2134     processed, has been executed.
2135          (c) An agent of the department shall supervise, at the claimant's expense, the labeling
2136     or processing of the food.
2137          (d) The bond shall be returned to the claimant of the food upon:
2138          (i) representation to the court by the department that the food is no longer in violation
2139     of this chapter; and
2140          (ii) the expenses of supervision have been paid.
2141          (4) If an authorized agent of the department finds in any building or vehicle any
2142     perishable food which is unsound, contains any filthy, decomposed, or putrid substance, or may
2143     be poisonous, deleterious to health, or otherwise unsafe, the commissioner or his authorized
2144     agent shall condemn or destroy the food or render it unsalable as human food.
2145          Section 62. Section 4-5-203, which is renumbered from Section 4-5-10 is renumbered
2146     and amended to read:
2147          [4-5-10].      4-5-203. Food processed, labeled, or repacked at another location --
2148     Exemption from labeling requirements by rule.
2149          (1) The department shall adopt rules exempting food from any labeling requirement of
2150     this chapter that is, in accordance with the practice of the trade, to be processed, labeled or
2151     repacked in substantial quantities at establishments other than those where originally processed
2152     or packed, on condition that the food is not adulterated or misbranded under this chapter upon
2153     removal from such processing, labeling or repacking establishment.
2154          (2) (a) Regulations now or hereafter adopted under authority of the Federal Food,
2155     Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., relating to the exemptions described in
2156     Subsection (1) are automatically effective in this state.
2157          (b) The department may adopt additional rules or amendments to existing rules
2158     concerning exemptions.
2159          Section 63. Section 4-5-204, which is renumbered from Section 4-5-11 is renumbered
2160     and amended to read:
2161          [4-5-11].      4-5-204. Substances considered unsafe -- Authority in department
2162     to regulate quantity and use.
2163          (1) (a) Any added poisonous or deleterious substance, any food additive, any pesticide
2164     chemical in or on a raw agricultural commodity or any color additive, with respect to any

2165     particular use or intended use, is considered to be unsafe for the purpose of application of
2166     Subsection [4-5-7] 4-5-103(1)(b) unless:
2167          (i) there is in effect a rule adopted pursuant to this section or Section [4-5-17] 4-5-104
2168     limiting the quantity of the substance; and
2169          (ii) the use or intended use of the substance conforms to the terms prescribed by the
2170     rule.
2171          (b) While the rules relating to the substance are in effect, a food may not, by reason of
2172     bearing or containing the substance in accordance with the rules, be considered adulterated
2173     within the meaning of Subsection [4-5-7] 4-5-103(1)(a).
2174          (2) The department may make rules, which may or may not be in accordance with
2175     regulations made under the federal act, prescribing:
2176          (a) tolerances, including zero tolerances, for:
2177          (i) added poisonous or deleterious substances;
2178          (ii) food additives;
2179          (iii) pesticide chemicals in or on raw agricultural commodities; or
2180          (iv) color additives;
2181          (b) exemptions from tolerances in the case of pesticide chemicals in or on raw
2182     agricultural commodities; or
2183          (c) conditions under which a food additive or a color additive may be safely used and
2184     exemptions when a food additive or color additive may be used solely for investigational or
2185     experimental purposes.
2186          (3) (a) The department may make these rules upon its own initiative or upon the
2187     petition of any interested party.
2188          (b) It is incumbent upon the petitioner to establish by data submitted to the department
2189     that the rule is necessary to protect the public health.
2190          (c) If the data furnished by the petitioner is not sufficient to allow the department to
2191     determine whether the rule should be made, the department may require additional data to be
2192     submitted.
2193          (d) Failure to comply with the request is sufficient grounds to deny the request.
2194          (4) In making the rules, the department shall consider, among other relevant factors,
2195     the following which the petitioner, if any, shall furnish:

2196          (a) the name and all pertinent information concerning the substance including:
2197          (i) where available;
2198          (ii) its chemical identity and composition;
2199          (iii) a statement of the conditions of the proposed use, including directions,
2200     recommendations, and suggestions;
2201          (iv) specimens of proposed labeling; and
2202          (v) all relevant data bearing on the physical or other technical effect and the quantity
2203     required to produce such effect;
2204          (b) the probable composition of any substance formed in or on a food resulting from
2205     the use of the substance;
2206          (c) the probable consumption of the substance in the diet of man and animals, taking
2207     into account any chemically or pharmacologically related substance in the diet;
2208          (d) safety factors which, in the opinion of experts qualified by scientific training and
2209     experience to evaluate the safety of the substances for the uses for which they are proposed to
2210     be used, are generally recognized as appropriate for the use of animal experimentation data;
2211          (e) the availability of any needed practicable methods of analysis for determining the
2212     identity and quantity of:
2213          (i) the substance in or on food;
2214          (ii) any substance formed in or on food because of the use of the substance; and
2215          (iii) the pure substance and all intermediates and impurities; and
2216          (f) facts supporting a contention that the proposed use of the substance will serve a
2217     useful purpose.
2218          Section 64. Section 4-5-205, which is renumbered from Section 4-5-15 is renumbered
2219     and amended to read:
2220          [4-5-15].      4-5-205. Consumer commodities -- Labeling and packaging.
2221          (1) All labels of consumer commodities, as defined by this chapter, shall conform with
2222     the requirements for the declaration of net quantity of contents of 15 U.S.C. Sec. 1453 and the
2223     regulations promulgated pursuant thereto: provided, that consumer commodities exempted
2224     from 15 U.S.C. Sec. 1453(a)(4) shall also be exempt from this Subsection (1).
2225          (2) The label of any package of a consumer commodity that bears a representation as to
2226     the number of servings of the commodity contained in the package shall bear a statement of the

2227     net quantity in terms of weight, measure, or numerical count for each serving.
2228          (3) (a) No person shall distribute or cause to be distributed in commerce any packaged
2229     consumer commodity if any qualifying words or phrases appear in conjunction with the
2230     separate statement of the net quantity of contents required by Subsection (1), but nothing in this
2231     section shall prohibit supplemental statements, at other places on the package, describing in
2232     nondeceptive terms the net quantity of contents.
2233          (b) Supplemental statements of net quantity of contents may not include any term
2234     qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the
2235     commodity contained in the package.
2236          (4) (a) Whenever the department determines that rules other than those prescribed by
2237     Subsection (1) are necessary to prevent the deception of consumers or to facilitate value
2238     comparisons as to any consumer commodity, the department shall promulgate rules effective
2239     to:
2240          (i) establish and define standards for the characterization of the size of a package
2241     enclosing any consumer commodity, which may be used to supplement the label statement of
2242     net quantity of contents of packages containing the commodity, but this Subsection (4) does not
2243     authorize any limitation on the size, shape, weight, dimensions, or number of packages that
2244     may be used to enclose any commodity;
2245          (ii) regulate the placement upon any package containing any commodity, or upon any
2246     label affixed to a commodity, of any printed matter stating or representing by implication that
2247     the commodity is offered for retail sale at a price lower than the ordinary and customary retail
2248     sale price or that a retail sale price advantage is accorded to purchasers by reason of the size of
2249     that package or the quantity of its contents;
2250          (iii) require that the label on each package of a consumer commodity bear:
2251          (A) the common or usual name of such consumer commodity, if any; and
2252          (B) if the consumer commodity consists of two or more ingredients, the common or
2253     usual name of each such ingredient listed in order of decreasing predominance, but nothing in
2254     this Subsection (4) shall be considered to require that any trade secret be divulged; or
2255          (iv) prevent the nonfunctional slack-fill of packages containing consumer
2256     commodities.
2257          (b) For the purposes of Subsection (4)(a)(iv), a package is nonfunctionally slack-filled

2258     if it is filled to substantially less than its capacity for reasons other than:
2259          (i) protection of the contents of such package; or
2260          (ii) the requirements of machines used for enclosing the contents in such package;
2261     provided, that the department may adopt any rules promulgated according to the Fair Packaging
2262     and Labeling Act, 15 U.S.C. Sec. 1453.
2263          Section 65. Section 4-5-206, which is renumbered from Section 4-5-16 is renumbered
2264     and amended to read:
2265          [4-5-16].      4-5-206. Food advertisement false or misleading.
2266          An advertisement of a food is considered to be false if it is false or misleading in any
2267     way.
2268          Section 66. Section 4-5-207, which is renumbered from Section 4-5-6 is renumbered
2269     and amended to read:
2270          [4-5-6].      4-5-207. Definitions and standards of identity, quality, and fill of
2271     container -- Rules -- Temporary and special permits.
2272          (1) (a) Definitions and standards of identity, quality and fill of container, now or
2273     hereafter adopted under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec.
2274     301 et seq., are the definitions and standards of identity, quality and fill of container in this
2275     state.
2276          (b) The department may adopt rules establishing definitions and standards of identity,
2277     quality and fill of container for foods where no federal regulations exist and may promulgate
2278     amendments to any federal regulations or state rules that set definitions and standards of
2279     identity, quality and fill of container for foods.
2280          (2) (a) Temporary permits [now or hereafter] granted for interstate shipment of
2281     experimental packs of food varying from the requirements of federal definitions and standards
2282     of identity are automatically effective in this state under the conditions provided in the permits.
2283          (b) The department may issue additional permits where they are necessary for the
2284     completion or conclusiveness of an otherwise adequate investigation and where the interests of
2285     consumers are safeguarded.
2286          (c) Permits are subject to the terms and conditions the department may prescribe by
2287     rule.
2288          Section 67. Section 4-5-301, which is renumbered from Section 4-5-9 is renumbered

2289     and amended to read:
2290     
Part 3. Registration and Inspection

2291          [4-5-9].      4-5-301. Registration of food establishments -- Fee -- Suspension
2292     and reinstatement of registration -- Inspection for compliance.
2293          (1) (a) Pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2294     department shall establish rules providing for the registration of food establishments to protect
2295     public health and ensure a safe food supply.
2296          (b) The owner or operator of a food establishment shall register with the department
2297     before operating a food establishment.
2298          (c) [Prior to] Before granting a registration to the owner or operator of a food
2299     establishment, the department shall inspect and assess the food establishment to determine
2300     whether it complies with the rules established under Subsection (1)(a).
2301          (d) An applicant shall register with the department, in writing, using forms required by
2302     the department.
2303          (e) The department shall issue a registration to an applicant, if the department
2304     determines that the applicant meets the qualifications of registration established under
2305     Subsection (1)(a).
2306          (f) If the applicant does not meet the qualifications of registration, the department shall
2307     notify the applicant, in writing, that the applicant's registration is denied.
2308          (g) (i) If an applicant submits an incomplete application, a written notice of conditional
2309     denial of registration shall be provided to an applicant.
2310          (ii) The applicant shall correct the deficiencies within the time period specified in the
2311     notice to receive a registration.
2312          (h) (i) The department may, as provided under Subsection [4-2-2] 4-2-103(2), charge
2313     the food establishment a registration fee.
2314          (ii) The department shall retain the fees as dedicated credits and shall use the fees to
2315     administer the registration of food establishments.
2316          (2) (a) A registration, issued under this section, shall be valid from the date the
2317     department issues the registration, to December 31 of the year the registration is issued.
2318          (b) A registration may be renewed for the following year by applying for renewal by
2319     December 31 of the year the registration expires.

2320          (3) A registration, issued under this section, shall specify:
2321          (a) the name and address of the food establishment;
2322          (b) the name of the owner or operator of the food establishment; and
2323          (c) the registration issuance and expiration date.
2324          (4) (a) The department may immediately suspend a registration, issued under this
2325     section, if any of the conditions of registration have been violated.
2326          (b) (i) The holder of a registration suspended under Subsection (4)(a) may apply for the
2327     reinstatement of a registration.
2328          (ii) If the department determines that all registration requirements have been met, the
2329     department shall reinstate the registration.
2330          (5) (a) A food establishment, registered under this section, shall allow the department
2331     to have access to the food establishment to determine if the food establishment is complying
2332     with the registration requirements.
2333          (b) If a food establishment denies access for an inspection required under Subsection
2334     (5)(a), the department may suspend the food establishment's registration until the department is
2335     allowed access to the food establishment's premises.
2336          Section 68. Section 4-5-401, which is renumbered from Section 4-5-3 is renumbered
2337     and amended to read:
2338     
Part 4. Enforcement

2339          [4-5-3].      4-5-401. Unlawful acts specified.
2340          (1) A person may not:
2341          (a) manufacture, sell, deliver, hold, or offer for sale a food that is adulterated or
2342     misbranded;
2343          (b) adulterate or misbrand food;
2344          (c) except as provided in Subsection (2), distribute, in commerce, a consumer
2345     commodity inconsistent with the packaging and labeling requirements of this chapter, or the
2346     rules made under this chapter;
2347          (d) sell, deliver for sale, hold for sale, or offer for sale an article in violation of Section
2348     [4-5-9] 4-5-301;
2349          (e) disseminate false advertising;
2350          (f) remove or dispose of detained or embargoed food in violation of Section [4-5-5]

2351     4-5-202;
2352          (g) adulterate, mutilate, destroy, obliterate, or remove the food label which results in
2353     the food being misbranded or adulterated while the food is for sale;
2354          (h) forge, counterfeit, simulate, or misrepresent a label or information, by the
2355     unauthorized use of a mark, stamp, tag, label, or other identification device;
2356          (i) use or reveal a method, process, or information which is protected as a trade secret;
2357          (j) operate a food establishment without a valid registration issued by the department;
2358     and
2359          (k) refuse entry to an authorized agent of the department in a food establishment as
2360     required under Section [4-5-18] 4-5-105.
2361          (2) Subsection (1)(c) does not apply to a person engaged in the wholesale or retail
2362     distribution of consumer commodities unless that person:
2363          (a) is engaged in the packaging or labeling of consumer commodities; or
2364          (b) prescribes or specifies the manner in which consumer commodities are packaged or
2365     labeled.
2366          Section 69. Section 4-5-402, which is renumbered from Section 4-5-4 is renumbered
2367     and amended to read:
2368          [4-5-4].      4-5-402. Defenses.
2369     No publisher, radio-broadcast licensee, or agency or medium for the dissemination of an
2370     advertisement, except the manufacturer, packer, distributor, or seller of the article to which a
2371     false advertisement relates, shall be liable under this section by reason of the dissemination of
2372     such false advertisement, unless he has refused, on the request of the department to furnish it,
2373     the name and post-office address of the manufacturer, packer, distributor, seller, or advertising
2374     agency, residing in the state of Utah who caused him to disseminate such advertisement.
2375          Section 70. Section 4-5-501, which is renumbered from Section 4-5-9.5 is renumbered
2376     and amended to read:
2377     
Part 5. Special Programs

2378          [4-5-9.5].      4-5-501. Cottage food production operations.
2379          (1) For purposes of this chapter:
2380          (a) "Cottage food production operation" means a person, who in the person's home,
2381     produces a food product that is not a potentially hazardous food or a food that requires

2382     time/temperature controls for safety.
2383          (b) "Home" means a primary residence:
2384          (i) occupied by the individual who is operating a cottage food production operation;
2385     and
2386          (ii) which contains:
2387          (A) a kitchen designed for common residential usage; and
2388          (B) appliances designed for common residential usage.
2389          (c) "Potentially hazardous food" or "food that requires time/temperature controls for
2390     safety":
2391          (i) means a food that requires time and or temperature control for safety to limit
2392     pathogenic microorganism growth or toxin formation and is in a form capable of supporting:
2393          (A) the rapid and progressive growth of infections or toxigenic microorganisms;
2394          (B) the growth and toxin production of Clostridium botulinum; or
2395          (C) in shell eggs, the growth of Salmonella enteritidis;
2396          (ii) includes:
2397          (A) an animal food;
2398          (B) a food of animal origin that is raw or heat treated;
2399          (C) a food of plant origin that is heat treated or consists of raw seed sprouts;
2400          (D) cut melons;
2401          (E) cut tomatoes; and
2402          (F) garlic and oil mixtures that are not acidified or otherwise modified at a food
2403     establishment in a way that results in mixtures that do not support growth as specified under
2404     Subsection (1)(c)(i); and
2405          (iii) does not include:
2406          (A) an air-cooled hard-boiled egg with shell intact;
2407          (B) a food with an actual weight or water activity value of 0.85 or less;
2408          (C) a food with pH level of 4.6 or below when measured at 24 degrees Centigrade;
2409          (D) a food, in an unopened hermetically sealed container, that is processed to achieve
2410     and maintain sterility under conditions of nonrefrigerated storage and distribution;
2411          (E) a food for which laboratory evidence demonstrates that the rapid and progressive
2412     growth of items listed in Subsection (1)(c)(i) cannot occur, such as a food that:

2413          (I) has an actual weight and a pH level that are above the levels specified under
2414     Subsections (1)(c)(iii)(B) and (C); or
2415          (II) contains a preservative or other barrier to the growth of microorganisms, or a
2416     combination of barriers that inhibit the growth of microorganisms; or
2417          (F) a food that does not support the growth of microorganisms as specified under
2418     Subsection (1)(c)(i) even though the food may contain an infectious or toxigenic
2419     microorganism or chemical or physical contaminant at a level sufficient to cause illness.
2420          (2) (a) The department shall adopt rules pursuant to Title 63G, Chapter 3, Utah
2421     Administrative Rulemaking Act, as necessary to protect public health and ensure a safe food
2422     supply.
2423          (b) Rules adopted pursuant to this Subsection (2) shall provide for:
2424          (i) the registration of cottage food production operations as food establishments under
2425     this chapter;
2426          (ii) the labeling of products from a cottage food production operation as "Home
2427     Produced"; and
2428          (iii) other exceptions to the chapter that the department determines are appropriate and
2429     that are consistent with this section.
2430          (3) Rules adopted pursuant to Subsection (2):
2431          (a) may not require:
2432          (i) the use of commercial surfaces such as stainless steel counters or cabinets;
2433          (ii) the use of a commercial grade:
2434          (A) sink;
2435          (B) dishwasher; or
2436          (C) oven;
2437          (iii) a separate kitchen for the cottage food production operation; or
2438          (iv) the submission of plans and specifications before construction of, or remodel of, a
2439     cottage food production operation; and
2440          (b) may require:
2441          (i) an inspection of a cottage food production operation:
2442          (A) prior to issuing a registration for the cottage food production operation; and
2443          (B) at other times if the department has reason to believe the cottage food production

2444     operation is operating:
2445          (I) in violation of this chapter or an administrative rule adopted pursuant to this
2446     section; or
2447          (II) in an unsanitary manner; and
2448          (ii) the use of finished and cleanable surfaces.
2449          (4) (a) The operator of a cottage food production operation shall:
2450          (i) register with the department as a cottage food production operation before operating
2451     as a cottage food production operation; and
2452          (ii) hold a valid food handler's permit.
2453          (b) Notwithstanding the provisions of Subsections [4-5-9] 4-5-301(1)(a) and (c), the
2454     department shall issue a registration to an applicant for a cottage food production operation if
2455     the applicant for the registration:
2456          (i) passes the inspection required by Subsection (3)(b);
2457          (ii) pays the fees required by the department; and
2458          (iii) meets the requirements of this section.
2459          (5) Notwithstanding the provisions of Section 26A-1-114, a local health department:
2460          (a) does not have jurisdiction to regulate the production of food at a cottage food
2461     production operation operating in compliance with this section, as long as the products are not
2462     offered to the public for consumption on the premises; and
2463          (b) does have jurisdiction to investigate a cottage food production operation in any
2464     investigation into the cause of a food born illness outbreak.
2465          (6) A food service establishment as defined in Section 26-15a-102 may not use a
2466     product produced in a cottage food production operation as an ingredient in any food that is
2467     prepared by the food establishment and offered by the food establishment to the public for
2468     consumption.
2469          Section 71. Section 4-5-502, which is renumbered from Section 4-5-20 is renumbered
2470     and amended to read:
2471          [4-5-20].      4-5-502. Food designated as raw honey.
2472          (1) As used in this section:
2473          (a) "Honey" means the natural sweet substance produced by honeybees from nectar of
2474     plants or from secretions of living parts of plants that the bees collect, transform by combining

2475     with specific substances of their own, then deposit, dehydrate, store, and leave in the
2476     honeycomb to ripen and mature.
2477          (b) "Raw honey" means honey:
2478          (i) as it exists in the beehive or as obtained by extraction, settling, or straining;
2479          (ii) that is minimally processed; and
2480          (iii) that is not pasteurized.
2481          (2) Honey that is produced, packed, repacked, distributed, or sold in this state may only
2482     be labeled and designated as raw honey if it meets:
2483          (a) the definition of raw honey in this section; and
2484          (b) any additional requirements imposed by the department by rule.
2485          (3) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
2486     Administrative Rulemaking Act, to establish labeling requirements consistent with the
2487     provisions of this section.
2488          Section 72. Section 4-7-101, which is renumbered from Section 4-7-1 is renumbered
2489     and amended to read:
2490     
CHAPTER 7. LIVESTOCK DEALERS' ACT

2491          [4-7-1].      4-7-101. Title.
2492          This chapter is known as the "Livestock Dealers' Act."
2493          Section 73. Section 4-7-102, which is renumbered from Section 4-7-2 is renumbered
2494     and amended to read:
2495          [4-7-2].      4-7-102. Purpose declaration.
2496          The Legislature finds [and declares] that the public interest requires regulation of the
2497     sale of livestock between the producer and [persons who purchase] a person who purchases
2498     livestock for resale to protect [producers] the producer from unwarranted hazard and loss in the
2499     sale of [their] livestock.
2500          Section 74. Section 4-7-103, which is renumbered from Section 4-7-3 is renumbered
2501     and amended to read:
2502          [4-7-3].      4-7-103. Definitions.
2503          As used in this chapter:
2504          (1) "Agent" [or "broker"] means a person who, on behalf of a dealer, purchaser, or
2505     livestock market, as defined in Section [4-30-1] 4-30-102, solicits or negotiates the

2506     consignment or purchase of livestock.
2507          (2) "Consignor" means a person who ships or delivers livestock to a dealer for handling
2508     or sale.
2509          (3) (a) "Dealer" means a person who:
2510          (i) receives livestock from a person for sale on commission;
2511          (ii) is entrusted with the possession, management, control, or disposal of livestock for
2512     the account of that person; [and] or
2513          (iii) negotiates price, determines a delivery date, and receives money on behalf of a
2514     livestock producer.
2515          (b) "Dealer" includes:
2516          (i) a livestock dealer[.]; and
2517          (ii) a person who owns or leases a feedlot.
2518          [(c) "Dealer" includes a person who owns or leases a feedlot.]
2519          (4) (a) "Immediate resale" means the resale of livestock within 60 days of purchase.
2520          (b) "Immediate resale" does not include the resale of livestock culled within 60 days
2521     that were purchased for feeding or replacement.
2522          (5) "Livestock" means cattle, swine, equines, sheep, camelidae, ratites, bison, goats,
2523     and domesticated elk as defined in Section 4-39-102.
2524          (6) "Livestock dealer" means a person engaged in the business of purchasing livestock
2525     for immediate resale or interstate shipment for immediate resale.
2526          (7) "Producer" means a person who is primarily engaged in the business of raising
2527     livestock for profit.
2528          Section 75. Section 4-7-104, which is renumbered from Section 4-7-4 is renumbered
2529     and amended to read:
2530          [4-7-4].      4-7-104. Unlawful to act as an agent or dealer without license --
2531     Exception.
2532          Except as exempted by Section [4-7-5] 4-7-105, no person may act as an agent[,
2533     broker,] or dealer in this state without being licensed under this chapter.
2534          Section 76. Section 4-7-105, which is renumbered from Section 4-7-5 is renumbered
2535     and amended to read:
2536          [4-7-5].      4-7-105. Exemptions.

2537          The surety and licensing requirements of this chapter do not apply to:
2538          (1) a livestock market that is bonded as required by laws of the United States and Title
2539     4, Chapter 30, Livestock Markets; or
2540          (2) a cooperative incorporated under the laws of this state or another state, except as to
2541     the receipt of livestock from a nonmember producer.
2542          Section 77. Section 4-7-106, which is renumbered from Section 4-7-6 is renumbered
2543     and amended to read:
2544          [4-7-6].      4-7-106. Licenses -- Applications.
2545          Application for an agent's[, broker's,] or dealer's license shall be made to the department
2546     upon forms prescribed and furnished by the department[. The], and the application shall state:
2547          (1) the applicant's name, principal address in this state, and date of birth;
2548          (2) the applicant's principal address in any location outside Utah;
2549          (3) the name and principal address of the person authorized by the applicant to accept
2550     service of process in this state on behalf of the applicant during the licensure period;
2551          (4) the name and principal address of the applicant's surety if the application is for a
2552     dealer's license;
2553          (5) a schedule of the commissions, fees, and other charges the applicant intends to
2554     collect for services during the period of licensure;
2555          (6) the name and address of each principal the applicant intends to represent during the
2556     period of licensure; and
2557          (7) any other information that the department may require by rule.
2558          Section 78. Section 4-7-107, which is renumbered from Section 4-7-7 is renumbered
2559     and amended to read:
2560          [4-7-7].      4-7-107. Issuance of dealer and agent licenses -- Fees -- Deposit of
2561     bond or trust agreement -- Renewal -- Refusal to issue or renew license.
2562          (1) The commissioner, if satisfied that the convenience and necessity of the industry
2563     and the public will be served, shall issue a license to a dealer within 30 days after:
2564          (a) receipt of a proper application and financial statement;
2565          (b) payment of a license fee determined by the department pursuant to Subsection
2566     [4-2-2] 4-2-103(2); and
2567          (c) the posting of a corporate surety bond, an irrevocable letter of credit, a trust fund

2568     agreement, or other security required by Section [4-7-8] 4-7-108.
2569          (2) Upon proper application and payment of the license fee determined by the
2570     department pursuant to Subsection [4-2-2] 4-2-103(2), the commissioner shall issue a license to
2571     conduct business as an agent [or broker].
2572          (3) A license issued under this chapter:
2573          (a) entitles the applicant to conduct the business described in the application through
2574     December 31 of the year in which the license is issued, subject to suspension or revocation for
2575     cause; and
2576          (b) is renewable for a period of one year upon:
2577          (i) receipt of a proper renewal application; and
2578          (ii) payment of an annual license renewal fee determined by the department pursuant to
2579     Subsection [4-2-2] 4-2-103(2).
2580          (4) A license issued under this chapter shall at all times remain the property of the
2581     state, and the licensee is entitled to [its possession] the license only for the duration of the
2582     license.
2583          (5) The department shall refuse to issue or renew a license if the applicant:
2584          (a) cannot produce a financial statement with sufficient assets to justify the amount of
2585     business the applicant contemplates, unless the application is for [a broker's or] an agent's
2586     license;
2587          (b) is in violation of this chapter or rules adopted under this chapter;
2588          (c) has made a false or misleading statement as to the health or physical condition of
2589     livestock in connection with the buying, receiving, selling, exchanging, soliciting or
2590     negotiating the sale of, or the weighing of livestock;
2591          (d) has failed to keep records of purchases and sales or refused to grant inspection of
2592     those records by authorized agents of the department;
2593          (e) has failed to comply with a lawful order of the department;
2594          (f) has been found by the department to have failed to pay, without reasonable cause,
2595     obligations incurred in connection with the livestock transaction;
2596          (g) has been suspended by order of the secretary of agriculture of the United States
2597     Department of Agriculture under provisions of the Packers and Stockyards Act, 1921, 7 U.S.C.
2598     Sec. 181 et seq.;

2599          (h) employs a person required to be licensed whose license cannot be renewed or
2600     whose license is under suspension or revocation by the department or the United States
2601     Department of Agriculture; or
2602          (i) has any unsatisfied civil judgments related to an activity for which licensing is
2603     required by this chapter.
2604          (6) An applicant who has been refused a license or license renewal may not apply again
2605     for one year following refusal unless the department determines that the applicant is in
2606     compliance with this chapter.
2607          Section 79. Section 4-7-108, which is renumbered from Section 4-7-8 is renumbered
2608     and amended to read:
2609          [4-7-8].      4-7-108. Applicant for dealer's license to post security -- Increase in
2610     amount of security posted -- Action on security authorized -- Duties of commissioner --
2611     Option to require posting new security if action filed -- Effect of failure to post new
2612     security -- Commissioner's authority to call bond if not renewed.
2613          (1) (a) Before a license is issued to a dealer, the applicant shall post a corporate surety
2614     bond, irrevocable letter of credit, trust fund agreement, or any other security agreement
2615     considered reasonable in an amount not less than $10,000 [nor more than $200,000], as
2616     determined by the commissioner or as required by the Packers and Stockyards Act, 1921, 7
2617     U.S.C. [Section] Sec. 181 et seq.
2618          (b) Any bond shall be written by a surety licensed under the laws of Utah and name the
2619     state, as obligee, for the use and benefit of producers.
2620          (c) The bond or other security posted shall be conditioned upon:
2621          (i) the faithful performance of contracts and the faithful accounting for and handling of
2622     livestock consigned to the dealer;
2623          (ii) the performance of the obligations imposed under this chapter; and
2624          (iii) the payment of court costs and [attorney's] attorney fees to the prevailing party
2625     incident to any suit upon the bond or other security posted.
2626          (2) (a) The commissioner may require a dealer who is issued a license to increase the
2627     amount of the bond or other security posted under Subsection (1)(a) if the commissioner
2628     determines the bond or other security posted is inadequate to secure performance of the dealer's
2629     obligations.

2630          (b) The commissioner shall notify the Packers and Stockyards Administration of an
2631     increase made under Subsection (2)(a).
2632          (c) The commissioner may suspend a dealer's license for failure to comply with
2633     Subsection (2)(a) within 10 days after notice is given to the dealer.
2634          (3) A consignor claiming damages, as a result of fraud, deceit, or willful negligence by
2635     a dealer or as a result of the dealer's failure to comply with this chapter, may bring an action
2636     upon the bond or other security posted for damages against both the principal and surety.
2637          (4) (a) If it is reported to the department by a consignor that a dealer has failed to pay in
2638     a timely manner for livestock received for sale, the commissioner shall:
2639          (i) ascertain the name and address of each consignor who is a creditor of the dealer;
2640     and
2641          (ii) request a verified written statement setting forth the amount claimed due from the
2642     dealer.
2643          (b) Upon receipt of the verified statements, the commissioner shall bring an action
2644     upon the bond or other security posted on behalf of the consignors who claim amounts due
2645     from the dealer.
2646          (5) (a) If an action is filed upon the bond or other security posted, the commissioner
2647     may require the filing of new security.
2648          (b) Immediately upon recovery in the action described in Subsection (5)(a), the
2649     commissioner shall require the dealer to file a new bond or other security.
2650          (c) [Failure, in either case,] (i) The commissioner may suspend a license if a dealer
2651     fails to file the bond or other security within 10 days after the commissioner's demand [is cause
2652     for suspension of the license until a new bond or other security is filed].
2653          (ii) A suspension described in Subsection (5)(c)(i) shall remain in effect until the dealer
2654     files a new bond or other security.
2655          (d) If the bond or other security posted under this section is not renewed within 10 days
2656     of its expiration date, unless the commissioner states in writing that this is unnecessary, the
2657     commissioner may obtain, after a hearing, the full amount of the bond or other security before
2658     it expires.
2659          Section 80. Section 4-7-109, which is renumbered from Section 4-7-9 is renumbered
2660     and amended to read:

2661          [4-7-9].      4-7-109. Dealers -- Records mandated -- Records subject to
2662     inspection.
2663          (1) A dealer who receives livestock for sale or consignment shall promptly record:
2664          (a) the name and address of the consignor;
2665          (b) the date received;
2666          (c) the condition and quantity upon arrival;
2667          (d) the date of sale for account of the producer-consignor;
2668          (e) the sale price;
2669          (f) an itemized statement of the charges to be paid by the producer-consignor;
2670          (g) the individual or group identification of the livestock;
2671          (h) the nature and amount of any claims the dealer has against third persons for
2672     overcharges or damages; and
2673          (i) if the dealer has a direct or indirect financial interest in the business of the
2674     purchaser, or, if the purchaser has a similar financial interest in the business of the dealer, the
2675     name and address of the purchaser.
2676          (2) (a) The dealer shall provide a copy of the livestock receipt to the producer
2677     immediately upon delivery of the product.
2678          (b) The records required by this section shall be retained for a period of one year
2679     following the date of consignment and shall be available during business hours for inspection
2680     by the department.
2681          (c) A consignor involved in a consignment subject to inquiry may inspect relevant
2682     records.
2683          (3) (a) A dealer shall file an annual report of the records required under Subsection (1)
2684     with the department on a form prescribed and furnished by the department.
2685          (b) The dealer shall file the report by April 15 following the end of a calendar year, or
2686     if the records are kept on a fiscal year basis, by 90 days after the close of the fiscal year.
2687          (c) The commissioner may, for good cause shown or by the commissioner's own
2688     motion, grant an extension to the filing deadline under Subsection (3)(b).
2689          (d) For purposes of this Subsection (3), "dealer" does not include a packer buyer
2690     registered to purchase livestock for slaughter only.
2691          (e) The department shall accept reports as required by the Packers and Stockyards

2692     Administration for livestock under the Packers and Stockyards Act, [9 C.F.R. Sec. 201.97]
2693     1921, 7 U.S.C. Sec. 181, et seq.
2694          (f) The reports required under this Subsection (3) may be subject to audit and establish
2695     the basis for bond adequacy.
2696          Section 81. Section 4-7-110, which is renumbered from Section 4-7-10 is renumbered
2697     and amended to read:
2698          [4-7-10].      4-7-110. Livestock purchases.
2699          Livestock purchases shall be paid for as provided in the Packers and Stockyards Act,
2700     1921, 7 U.S.C. Sec. 181, et seq.
2701          Section 82. Section 4-7-201, which is renumbered from Section 4-7-11 is renumbered
2702     and amended to read:
2703     
Part 2. Enforcement, Penalties, and Prohibitions

2704          [4-7-11].      4-7-201. Department authority -- Examination and investigation of
2705     transactions -- Notice of agency action upon probable cause -- Settlement of disputes --
2706     Cease and desist order -- Enforcement -- Review.
2707          (1) For the purpose of enforcing this chapter the department may, upon [its] the
2708     department's own motion, or shall, upon the verified complaint of an interested consignor,
2709     investigate, examine, or inspect any transaction involving:
2710          (a) the solicitation, receipt, sale, or attempted sale of livestock by a dealer or person
2711     assuming to act as a dealer;
2712          (b) the failure to make a correct account of sales;
2713          (c) the intentional making of a false statement about market conditions or the condition
2714     or quantity of livestock consigned;
2715          (d) the failure to remit payment in a timely manner to the consignor as required by
2716     contract or by this chapter;
2717          (e) any other consignment transaction alleged to have resulted in damage to the
2718     consignor; or
2719          (f) any dealer or agent with an unsatisfied judgment by a civil court related to an
2720     activity for which licensing is required by this chapter.
2721          (2) (a) After investigation upon [its] the department's own motion, if the department
2722     determines that probable cause exists to believe that a dealer has engaged, or is engaging, in

2723     acts that violate this chapter, the department shall issue a notice of agency action.
2724          (b) (i) Upon the receipt of a verified complaint, the department shall undertake to effect
2725     a settlement between the consignor and the dealer.
2726          (ii) If a settlement cannot be effected, the department shall treat the verified complaint
2727     as a request for agency action.
2728          (3) (a) In a hearing upon a verified complaint, if the commissioner, or hearing officer
2729     designated by the commissioner, determines by a preponderance of the evidence that the person
2730     complained of has violated this chapter and that the violation has resulted in damage to the
2731     complainant, the commissioner or officer shall:
2732          (i) prepare written findings of fact detailing the findings and fixing the amount of
2733     damage suffered; and
2734          (ii) order the defendant to pay damages.
2735          (b) In a hearing initiated upon the department's own motion, if the commissioner or
2736     hearing officer determines by a preponderance of the evidence that the person complained of by
2737     the department has engaged [in], or is engaging, in[,] acts that violate this chapter, the
2738     commissioner or officer shall prepare written findings of fact and an order requiring the person
2739     to cease and desist from the activity.
2740          (4) The department may petition any court having jurisdiction in the county where the
2741     action complained of occurred to enforce the department's order.
2742          (5) Any dealer aggrieved by an order issued under this section may obtain judicial
2743     review of the order.
2744          (6) (a) The department may not act upon a verified complaint submitted to the
2745     department more than six months after the consignor allegedly suffered damage.
2746          (b) A livestock claim shall be made in writing within 120 days from the date of the
2747     transaction.
2748          Section 83. Section 4-7-202, which is renumbered from Section 4-7-12 is renumbered
2749     and amended to read:
2750          [4-7-12].      4-7-202. Sale of livestock -- Prima facie evidence of fraud.
2751          The following constitutes prima facie evidence of fraud in the sale of livestock:
2752          (1) any sale of livestock at less than market price by a dealer to a person with whom
2753     the dealer has a financial interest; or

2754          (2) any sale out of which the dealer receives part of the sale price other than the agreed
2755     commission or other agreed charges.
2756          Section 84. Section 4-7-203, which is renumbered from Section 4-7-13 is renumbered
2757     and amended to read:
2758          [4-7-13].      4-7-203. Suspension or revocation -- Grounds -- Notice to
2759     producers.
2760          (1) The department may suspend or revoke the license of and suspend or refuse all
2761     department services to a person licensed under this chapter if the department finds that the
2762     licensee has:
2763          (a) provided false information when making an application for a license;
2764          (b) failed to comply with this chapter or rules adopted under this chapter; or
2765          (c) engaged in any willful conduct that is detrimental to a producer.
2766          (2) If a license is revoked pursuant to a hearing and the decision is final, or an
2767     injunction is imposed by a civil court, the department shall, by publication in a newspaper of
2768     [a] general circulation in the area, notify producers of livestock in the area in which the
2769     licensee operated that the license has been revoked or a department action has been taken.
2770          Section 85. Section 4-7-204, which is renumbered from Section 4-7-13.5 is
2771     renumbered and amended to read:
2772          [4-7-13.5].      4-7-204. Suspension of license -- Opportunity for hearing.
2773          (1) [A license may be suspended] The department may suspend a license immediately
2774     if:
2775          (a) an emergency exists [which] that presents a clear and present danger to the public
2776     health;
2777          (b) an inspection or sampling is refused; or
2778          (c) the licensee's bond has been revoked or cancelled.
2779          (2) The department shall immediately notify the person of the suspension in writing
2780     and provide an opportunity for hearing without delay.
2781          Section 86. Section 4-7-205, which is renumbered from Section 4-7-14 is renumbered
2782     and amended to read:
2783          [4-7-14].      4-7-205. Prohibited acts.
2784          (1) A person licensed under this chapter may not:

2785          (a) make false charges incident to the sale of livestock;
2786          (b) [wilfully] willfully fail to comply with the requirements of Section [4-7-9 or
2787     4-7-10] 4-7-109 or 4-7-110;
2788          (c) fail to file a schedule of commissions and charges;
2789          (d) reconsign livestock without the consent of the producer-consignor for the purpose
2790     of charging more than one commission;
2791          (e) make any false statement to the detriment of the producer regarding current market
2792     conditions for livestock or about the condition or quantity of the livestock consigned for the
2793     account of the producer;
2794          (f) engage in fraud or misrepresentation in the procurement or attempted procurement
2795     of a license; or
2796          (g) act as a dealer or agent and, with intent to defraud, make, draw, utter, or deliver any
2797     check, draft, or order for the payment of money from any bank or other depository to the owner
2798     for the purchase price of livestock, when at the time of the making, drawing, uttering, or
2799     delivery the maker or drawer does not have sufficient funds in or credit with the bank or other
2800     depository for the payment of the check, draft, or order in full upon its presentation.
2801          (2) (a) The making, drawing, uttering, or delivery of a check, draft, or order in the
2802     circumstances specified in this section shall be evidence of an intent to defraud.
2803          (b) As used in this section, "credit" means an arrangement or understanding with the
2804     bank or depository for the payment of the check, draft, or order.
2805          Section 87. Section 4-8-101, which is renumbered from Section 4-8-1 is renumbered
2806     and amended to read:
2807     
CHAPTER 8. AGRICULTURAL FAIR TRADE ACT

2808          [4-8-1].      4-8-101. Title.
2809          This chapter [shall be known and may be cited] is known as the "Agricultural Fair
2810     Trade Act."
2811          Section 88. Section 4-8-102, which is renumbered from Section 4-8-2 is renumbered
2812     and amended to read:
2813          [4-8-2].      4-8-102. Purpose declaration.
2814          (1) The Legislature finds and declares that in order to preserve the agricultural industry
2815     of this state it is necessary to protect and improve the economic status of persons engaged in

2816     the production of products of agriculture. [To effectuate this policy]
2817          (2) To carry out the policy described in Subsection (1), the Legislature determines it
2818     necessary to regulate the production and marketing of such products and to prohibit unfair and
2819     injurious trade practices. [To that end this]
2820          (3) This chapter shall be liberally construed.
2821          Section 89. Section 4-8-103, which is renumbered from Section 4-8-3 is renumbered
2822     and amended to read:
2823          [4-8-3].      4-8-103. Definition.
2824          As used in this chapter, "products of agriculture" [mean] means any product useful to
2825     the human species [which] that results from the application of the science and art of the
2826     production of plants, minerals, and animals.
2827          Section 90. Section 4-8-104, which is renumbered from Section 4-8-4 is renumbered
2828     and amended to read:
2829          [4-8-4].      4-8-104. Department functions, powers, and duties.
2830          The department [has and] shall exercise the following functions, powers, and duties, in
2831     addition to those specified in Chapter 1, Short Title and General Provisions:
2832          (1) perform general supervision over the marketing, sale, trade, advertising, storage,
2833     and transportation practices, used in buying and selling products of agriculture in Utah;
2834          (2) conduct and publish surveys and statistical analyses with [its] the department's own
2835     resources or with the resources of others through contract, regarding:
2836          (a) the cost of production for products of agriculture, including transportation,
2837     processing, storage, advertising, and marketing costs; [regarding]
2838          (b) market locations, demands, and prices for such products; and [regarding]
2839          (c) market forecasts;
2840          (3) assist and encourage producers of products of agriculture in controlling current and
2841     prospective production and market deliveries in order to stabilize product prices at prices
2842     [which] that assure reasonable profits for producers and at the same time ensure adequate
2843     market supplies; [and]
2844          (4) actively solicit input from the public and from interested groups or associations,
2845     through public hearings or otherwise, to assist in making fair determinations with respect to the
2846     production, marketing, and consumption of products of agriculture[.];

2847           (5) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
2848     Rulemaking Act, in regard to "Utah's Own," a program dedicated to the promotion of locally
2849     produced products of agriculture.
2850          Section 91. Section 4-8-105, which is renumbered from Section 4-8-5 is renumbered
2851     and amended to read:
2852          [4-8-5].      4-8-105. Unlawful acts specified.
2853          [It is unlawful for any] A person engaged in the production, processing, handling,
2854     marketing, sale or distribution of products of agriculture [to] may not:
2855          (1) discriminate in price between two or more producers with respect to products of
2856     agriculture of like grade and quality;
2857          (2) use any brand, label, container, or designation on products of agriculture not
2858     authorized by the department;
2859          (3) promote or advertise the price of any product of agriculture [which] that is required
2860     to be graded without displaying the grade of such product with prominence equal to that of the
2861     price; or
2862          (4) make or permit the use of any false or misleading statement on any label or stencil
2863     affixed to a container or package containing products of agriculture or in any promotion or
2864     advertisement of such products.
2865          Section 92. Section 4-8-106, which is renumbered from Section 4-8-6 is renumbered
2866     and amended to read:
2867          [4-8-6].      4-8-106. Procedure for enforcement -- Notice of agency action --
2868     Cease and desist order -- Enforcement -- Judicial review.
2869          (1) (a) Whenever the department has reason to believe that a person has, or is, engaged
2870     in[,] the violation of this chapter, it shall issue a notice of agency action.
2871          (b) If the commissioner, or a hearing officer designated by the commissioner,
2872     determines by a preponderance of the evidence that any person named in the complaint has
2873     engaged, or is engaging, in an act that violates this chapter, the officer shall:
2874          (i) prepare written findings of fact; and
2875          (ii) issue an order requiring the person to cease and desist from the illegal activity.
2876          (2) The department may petition any court of competent jurisdiction for enforcement of
2877     its cease and desist order.

2878          (3) Any person who is subject to a cease and desist order may obtain judicial review.
2879          (4) The attorney general's office shall represent the department in any original action or
2880     appeal begun under this section.
2881          Section 93. Section 4-8-107, which is renumbered from Section 4-8-7 is renumbered
2882     and amended to read:
2883          [4-8-7].      4-8-107. Defense to claim of illegal activity.
2884          No person who acts in compliance with any rule adopted under authority of this chapter
2885     shall be considered to be engaged in any illegal conspiracy or combination in restraint of trade
2886     or to be acting in furtherance of any illegal purpose.
2887          Section 94. Section 4-9-101 is enacted to read:
2888     
CHAPTER 9. WEIGHTS AND MEASURES

2889          4-9-101. Title.
2890          This chapter is known as "Weights and Measures."
2891          Section 95. Section 4-9-102, which is renumbered from Section 4-9-1 is renumbered
2892     and amended to read:
2893          [4-9-1].      4-9-102. Definitions.
2894          As used in this chapter:
2895          (1) "Correct"[, when used in connection with weights and measures,] means
2896     conformance to applicable requirements of this chapter.
2897          (2) "Package" means a commodity put up or packaged before sale in either wholesale
2898     or retail saleunits.
2899          (3) "Primary standards" [mean] means the physical standards of the state, described in
2900     Section [4-9-4] 4-9-105, which are the legal reference from which all other standards and
2901     weights and measures are derived.
2902          (4) "Sale from bulk" means the sale of commodities, when the quantity is determined
2903     at the time of sale.
2904          (5) "Secondary standards" means a physical standard which is traceable to primary
2905     standards through comparisons, using acceptable laboratory procedures.
2906          (6) "Weighing and measuring" means the use of weights and measures.
2907          (7) "Weight" means net weight, unless the label declares that the product is sold by
2908     drained weight, in which case[,] "weight" means net drained weight.

2909          (8) "Weights and measures" means [weights and measures, and] the instruments or
2910     devices used for weighing or measuring, including an appliance or accessory associated with
2911     the instrument or device.
2912          (9) "Weights and measures registration" means the issuance of a certificate by the
2913     commissioner to a weights and measures user.
2914          (10) "Weights and measures user" means a person who uses weights and measures in
2915     trade or commerce.
2916          Section 96. Section 4-9-103, which is renumbered from Section 4-9-2 is renumbered
2917     and amended to read:
2918          [4-9-2].      4-9-103. Authority to make rules.
2919          The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
2920     Rulemaking Act, to make and enforce [such] rules [as in its judgment are] necessary to
2921     administer and enforce this chapter.
2922          Section 97. Section 4-9-104, which is renumbered from Section 4-9-3 is renumbered
2923     and amended to read:
2924          [4-9-3].      4-9-104. Weights and measures -- Systems used -- Basic units,
2925     tables, and equivalents as published by National Institute of Standards and Technology.
2926          (1) The department shall use:
2927          (a) the same system of weights and measures that is customarily used in the United
2928     States[,]; and
2929          (b) the metric system of weights and measures.
2930          (2) Either system under Subsection (1) may be used for commercial purposes in the
2931     state.
2932          (3) The definitions of basic units of weight and measure, the tables of weight and
2933     measure, and the weights and measures equivalents published by the National Institute of
2934     Standards and Technology[,] shall determine the weights and measures systems used within the
2935     state.
2936          Section 98. Section 4-9-105, which is renumbered from Section 4-9-4 is renumbered
2937     and amended to read:
2938          [4-9-4].      4-9-105. Weights and measures -- Primary state standards --
2939     Secondary state standards -- Verification.

2940          (1) Weights and measures that are traceable to the United States prototype standards
2941     supplied by the federal government, or approved as being satisfactory by the National Institute
2942     of Standards and Technology, shall be the state primary standards, and shall be maintained in
2943     the calibration prescribed by the National Institute of Standards and Technology.
2944          (2) Secondary standards may be prescribed by the department and shall be verified
2945     upon their initial receipt, and as often after initial receipt as is considered necessary by the
2946     department.
2947          Section 99. Section 4-9-106, which is renumbered from Section 4-9-5 is renumbered
2948     and amended to read:
2949          [4-9-5].      4-9-106. Weights and measures -- Specifications, tolerances, and
2950     technical data published in National Institute of Standards and Technology Handbook
2951     govern.
2952          Unless modified by the department, Handbook 44, Specifications, Tolerances, and
2953     Other Technical Requirements for Weighing and Measuring Devices, National Institute of
2954     Standards and Technology, adopted by the National Conference on Weights and Measures,
2955     including supplements or revisions to Handbook 44, shall determine the specifications,
2956     tolerances, and other technical requirements for devices used for:
2957          (1) commercial weighing and measuring;
2958          (2) law enforcement;
2959          (3) data gathering; and
2960          (4) other weighing and measuring purposes.
2961          Section 100. Section 4-9-107, which is renumbered from Section 4-9-5.2 is
2962     renumbered and amended to read:
2963          [4-9-5.2].      4-9-107. Adopting uniform packaging and labeling regulation.
2964          Unless modified by the department, the Uniform Packaging and Labeling Regulation,
2965     adopted by the National Conference on Weights and Measures in Handbook 130, Uniform
2966     Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality, National
2967     Institute of Standards and Technology, shall apply to packaging and labeling in the state.
2968          Section 101. Section 4-9-108, which is renumbered from Section 4-9-5.3 is
2969     renumbered and amended to read:
2970          [4-9-5.3].      4-9-108. Adopting uniform regulation for the method of sale of

2971     commodities.
2972          Unless modified by the department, the Uniform Regulation for the Method of Sale of
2973     Commodities, adopted by the National Conference on Weights and Measures, in Handbook
2974     130, Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality,
2975     National Institute of Standards and Technology, shall apply to the method of sale of
2976     commodities in the state.
2977          Section 102. Section 4-9-109, which is renumbered from Section 4-9-5.4 is
2978     renumbered and amended to read:
2979          [4-9-5.4].      4-9-109. Adopting uniform regulation for the voluntary registration
2980     of servicepersons and service agencies for commercial weighing and measuring devices.
2981          Unless modified by the department, the Uniform Regulation for the Voluntary
2982     Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring
2983     Devices, adopted by the National Conference on Weights and Measures in Handbook 130,
2984     Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality,
2985     National Institute of Standards and Technology, shall apply to the registration of servicepersons
2986     and service agencies in the state.
2987          Section 103. Section 4-9-110, which is renumbered from Section 4-9-6 is renumbered
2988     and amended to read:
2989          [4-9-6].      4-9-110. Department duties -- Seizure of incorrect weights and
2990     measures.
2991          (1) The department may:
2992          (a) establish weights and measures standards, specifications, and tolerances for:
2993          (i) all commodities;
2994          (ii) the fill for any commodity contained in a package;
2995          (iii) labels or labeling of a commodity; and
2996          (iv) weights and measures used commercially;
2997          (b) inspect and test weights and measures kept, offered, or exposed for sale to
2998     determine if they are correct;
2999          (c) inspect and test weights and measures commercially used to determine if they are
3000     correct;
3001          (d) test all weights and measures used to check the receipt or disbursement of supplies

3002     used by a state agency or institution funded by the state;
3003          (e) in accordance with sampling procedures recognized and designated in Handbook
3004     133, Checking the Net Contents of Packaged Goods, National Institute of Standards and
3005     Technology, inspect and test any packaged commodity kept, offered, or exposed for sale, sold,
3006     or in the process of delivery, to determine if the package contains the amount represented;
3007          (f) determine the appropriate term or unit of weight or measure to be used for container
3008     sizes, if the department determines that an existing practice of declaring the quantity by weight,
3009     measure, count, or any combination of these practices, hinders value comparisons by
3010     consumers;
3011          (g) approve correct weights and measures and reject and mark as "rejected," weights
3012     and measures that are incorrect;
3013          (h) allow reasonable variations from a stated weight or measure caused by loss or gain
3014     due to:
3015          (i) moisture during the course of acceptable distribution practices; or
3016          (ii) unavoidable deviations in acceptable manufacturing practices;
3017          (i) grant an exemption from the requirements of this chapter or from any rule
3018     promulgated under this chapter, when the department determines that the exemption is
3019     necessary for the maintenance of acceptable commercial practices;
3020          (j) maintain on file, for public inspection, a copy of each handbook prepared by the
3021     National Institute of Standards and Technology [which] that is used to enforce this chapter; and
3022          (k) establish and charge fees as authorized under Subsection [4-2-2] 4-2-103(2) for the
3023     inspection of weights and measures.
3024          (2) The department may seize weights and measures that are:
3025          (a) incorrect and are not corrected within a reasonable time specified by the
3026     department; or
3027          (b) used or disposed of in a manner not authorized by the department.
3028          Section 104. Section 4-9-111, which is renumbered from Section 4-9-7 is renumbered
3029     and amended to read:
3030          [4-9-7].      4-9-111. Enforcement powers of department.
3031          (1) For the purpose of enforcing this chapter, the department may:
3032          (a) enter any commercial premises [open to the public] during normal working hours

3033     after the presentation of credentials;
3034          (b) issue in writing a "stop-use, hold, or removal order" with respect to any weights or
3035     measures commercially used or a "stop sale, use, or removal order" with respect to any
3036     packaged commodity or bulk commodity offered for sale;
3037          (c) seize as evidence, without formal warrant, any incorrect or unapproved weight,
3038     measure, package, or commodity offered for sale or sold in violation of this chapter;
3039          (d) (i) seek an order of seizure or condemnation of any weight, measure, package, or
3040     sale from bulk that violates this chapter; or
3041          (ii) upon proper grounds, obtain a temporary restraining order or permanent injunction
3042     to prevent a violation of this chapter; and
3043          (e) stop any commercial vehicle and after presenting credentials:
3044          (i) inspect its contents;
3045          (ii) require the person in charge of the vehicle to produce any documents in his
3046     possession concerning the contents; or
3047          (iii) require the person in charge of the vehicle to proceed with the vehicle to some
3048     specified place for inspection.
3049          (2) If an order has been issued under Subsection (1)(b), the weights, measures, or
3050     commodities subject to the order may not be used, moved, or offered for sale until the
3051     department issues a written release.
3052          (3) [No] A bond [shall] may not be required of the department in any injunctive
3053     proceeding brought under this section.
3054          Section 105. Section 4-9-112, which is renumbered from Section 4-9-8 is renumbered
3055     and amended to read:
3056          [4-9-8].      4-9-112. Sale of commodities in liquid form -- Sale of commodities
3057     in nonliquid form -- Requirements.
3058          (1) Commodities in liquid form shall be sold by liquid measure or by weight.
3059          (2) Commodities not in liquid form shall be sold only by weight, measure, or by count,
3060     [so] as long as the method of sale provides accurate quantity information.
3061          Section 106. Section 4-9-113, which is renumbered from Section 4-9-9 is renumbered
3062     and amended to read:
3063          [4-9-9].      4-9-113. Bulk sales -- Information furnished to purchaser.

3064          Whenever the quantity is determined solely by the seller, in the absence of the buyer, all
3065     bulk sales of heating fuel and other bulk sales as determined by the department shall be
3066     accompanied by a delivery ticket containing the following information:
3067          (1) the name and address of the vendor and purchaser;
3068          (2) the date delivered;
3069          (3) the quantity delivered and the quantity upon which the price is based, if different
3070     from the delivered quantity;
3071          (4) a description of the bulk material sold, including any quality representation made in
3072     connection with the sale; and
3073          (5) the number of individually wrapped packages.
3074          Section 107. Section 4-9-114, which is renumbered from Section 4-9-10 is renumbered
3075     and amended to read:
3076          [4-9-10].      4-9-114. Packaged commodity sales -- Labeling information
3077     specified -- When price per single unit of weight to be displayed.
3078          (1) Any packaged commodity offered for sale shall bear on the outside of the package a
3079     definite, plain, and conspicuous declaration of:
3080          (a) the identity of the commodity in the package, unless the same can easily be
3081     identified through the wrapper or container;
3082          (b) the quantity of contents in terms of weight, measure, or count; and
3083          (c) the name and place of business of the manufacturer, packer, or distributor, if the
3084     packaged commodity is offered for sale, or sold other than on the premises where packaged.
3085          (2) Any package [which] that is one of a lot containing random weights of the same
3086     commodity and bearing the total sales price of the package shall, in addition to compliance
3087     with Subsection (1) [of this section], bear on the outside of the package a definite, plain, and
3088     conspicuous declaration of the price per single unit of weight.
3089          Section 108. Section 4-9-115, which is renumbered from Section 4-9-11 is renumbered
3090     and amended to read:
3091          [4-9-11].      4-9-115. Advertisement of packaged commodity sales --
3092     Requirements.
3093          (1) An advertisement [which] that promotes a packaged commodity with the retail
3094     price stated shall plainly and conspicuously advertise the quantity required to appear on the

3095     package.
3096          (2) If a dual quantity declaration is required by law, only the declaration that sets forth
3097     the quantity in terms of the smaller unit of weight or measure [need] shall appear in the
3098     advertisement.
3099          Section 109. Section 4-9-116, which is renumbered from Section 4-9-12 is renumbered
3100     and amended to read:
3101          [4-9-12].      4-9-116. Unlawful acts specified.
3102          A person may not:
3103          (1) sell, offer, or present for sale a commodity whose weight and measure is less than
3104     the weight and measure represented as being sold, offered, or exposed for sale;
3105          (2) misrepresent the price of a commodity sold, advertised, exposed, or offered for sale
3106     by weight, measure, or count, or [to] represent the price in a manner that misleads or deceives a
3107     person;
3108          (3) use or possess an incorrect weight or measure in commerce;
3109          (4) remove a tag, seal, or mark from a weight or measure without specific written
3110     authorization from the department;
3111          (5) hinder or obstruct an agent of the department dealing with weights and measures in
3112     the performance of the agent's duties; or
3113          (6) operate weights and measures in trade or commerce for the purpose of determining
3114     the weight or measure of a commodity without a valid weights and measures registration issued
3115     by the department.
3116          Section 110. Section 4-9-117, which is renumbered from Section 4-9-13 is renumbered
3117     and amended to read:
3118          [4-9-13].      4-9-117. Weighing and measuring devices -- Presumption.
3119          If a weighing or measuring device is in a place where buying or selling is commonly
3120     carried on, there is a rebuttable presumption that the weighing or measuring device is regularly
3121     used for the business purposes of that place.
3122          Section 111. Section 4-9-118, which is renumbered from Section 4-9-15 is renumbered
3123     and amended to read:
3124          [4-9-15].      4-9-118. Registration of commercial establishments using weights
3125     and measures -- Approved weights and measures inspectors -- Application -- Fee --

3126     Expiration -- Renewal.
3127          (1) (a) Pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3128     department shall establish rules providing for the registration of weights and measures users
3129     and issuance of certification of weights and measures devices to ensure the use of correct
3130     weights and measures in commerce or trade.
3131          (b) The division may:
3132          (i) determine whether weights and measures are correct through:
3133          (A) inspection and testing by a department [employees] employee; or
3134          (B) acceptance of an inspection and testing report prepared by a registered weights and
3135     measures service person;
3136          (ii) establish standards and qualifications for a registered weights and measures service
3137     [persons] person; and
3138          (iii) determine the form and content of an inspection and testing report.
3139          (c) A weights and measures user shall register with the department.
3140          (d) [Prior to] Before granting a registration to a weights and measures user, the
3141     department shall determine whether the weights and measures user complies with the rules
3142     established under Subsection (1)(a).
3143          (e) An applicant shall register with the department[,] in writing, using forms required
3144     by the department.
3145          (f) The department shall issue a registration to an applicant[,] if the department
3146     determines that the applicant meets the qualifications of registration established under
3147     Subsection (1)(a).
3148          (g) If the applicant does not meet the qualifications of registration, the department shall
3149     notify the applicant, in writing, that the applicant's registration is denied.
3150          (h) (i) If an applicant submits an incomplete application, a written notice of conditional
3151     denial of registration shall be provided to [an] the applicant.
3152          (ii) The applicant shall correct the deficiencies within the time period specified in the
3153     notice to receive a registration.
3154          (i) (i) The department may, as provided under Subsection [4-2-2] 4-2-103(2), charge
3155     the weights and measures user a registration fee.
3156          (ii) The department shall retain the fees as dedicated credits and shall use the fees to

3157     administer the registration of weights and measures users.
3158          (2) (a) A registration[,] issued under this section[,] shall be valid from the date the
3159     department issues the registration[,] to December 31 of the year the registration is issued.
3160          (b) A registration may be renewed for the following year by applying for renewal by
3161     December 31 of the year the registration expires.
3162          (3) A registration[,] issued under this section[,] shall specify:
3163          (a) the name and address of the weights and measures user;
3164          (b) the registration issuance and expiration date; and
3165          (c) the number and type of weights and measures devices to be certified.
3166          (4) (a) The department may immediately suspend a registration[,] issued under this
3167     section[,] if any of the requirements of Section [4-9-12] 4-9-116 are violated.
3168          (b) (i) The holder of a registration suspended under Subsection (4)(a) may apply for the
3169     reinstatement of a registration.
3170          (ii) If the department determines that all requirements under Section [4-9-12] 4-9-116
3171     are being met, the department shall reinstate the registration.
3172          (5) (a) A weights and measures user[,] registered under this section[,] shall allow the
3173     department access to the weights and measures user's place of business to determine if the
3174     weights and measures user is complying with the registration requirements.
3175          (b) If a weights and measures user denies access for an inspection required under
3176     Subsection (5)(a), the department may suspend the weights and measures user's registration
3177     until the department is allowed access to the weights and measures user's place of business.
3178          Section 112. Section 4-10-101, which is renumbered from Section 4-10-1 is
3179     renumbered and amended to read:
3180     
CHAPTER 10. BEDDING, UPHOLSTERED FURNITURE, AND

3181     
QUILTED CLOTHING INSPECTION ACT

3182          [4-10-1].      4-10-101. Title.
3183          This chapter [shall be] is known [and may be cited] as the "Bedding, Upholstered
3184     Furniture, and Quilted Clothing Inspection Act."
3185          Section 113. Section 4-10-102, which is renumbered from Section 4-10-2 is
3186     renumbered and amended to read:
3187          [4-10-2].      4-10-102. Definitions.

3188          As used in this chapter:
3189          (1) "Article" means a bedding, upholstered furniture, quilted clothing, or filling
3190     material.
3191          (2) "Bedding" means a:
3192          (a) quilted, packing, mattress, or hammock pad; or
3193          (b) mattress, boxspring, comforter, quilt, sleeping bag, studio couch, pillow, or cushion
3194     made with a filling material that can be used for sleeping or reclining.
3195          (3) "Consumer" means a person who purchases, rents, or leases an article for the
3196     article's intended, everyday use.
3197          (4) "Filling material" means cotton, wool, kapok, feathers, down, shoddy, hair, or other
3198     material, or a combination of materials, whether loose or in bags, bales, batting, pads, or other
3199     prefabricated form that is, or can be, used in bedding, upholstered furniture, or quilted clothing.
3200          (5) "Label" means the display of written, printed, or graphic matter upon a tag or upon
3201     the immediate container of a bedding, upholstered furniture, quilted clothing, or filling
3202     material.
3203          (6) (a) "Manufacture" means to make, process, or prepare from new or secondhand
3204     material, in whole or in part, a bedding, upholstered furniture, quilted clothing, or filling
3205     material for sale.
3206          (b) "Manufacture" does not include making, processing, or preparing an article
3207     described in Subsection (6)(a) if:
3208          (i) a person sells three or fewer of the articles per year; and
3209          (ii) the articles are sold by persons who are not primarily engaged in the making,
3210     processing, or preparation of the articles.
3211          (7) (a) "New material" means material that has not previously been used in the
3212     manufacture of another article used for any purpose.
3213          (b) "New material" includes by-products from a textile mill using only new raw
3214     material synthesized from a product that has been melted, liquified, and re-extruded.
3215          (8) "Owner's own material" means an article owned or in the possession of a person for
3216     the person's own or a tenant's use that is sent to another person for manufacture or repair.
3217          (9) "Quilted clothing" means a filled garment or apparel, exclusive of trim used for
3218     aesthetic effect, or a stiffener, shoulder pad, interfacing, or other material that is made in whole

3219     or in part from filling material and sold or offered for sale.
3220          (10) "Repair" means to restore, recover, alter, or renew bedding or upholstered
3221     furniture for a consideration.
3222          (11) "Retailer" means a person who sells bedding, upholstered furniture, quilted
3223     clothing, or filling material to a consumer for use primarily for personal, family, household, or
3224     business purposes.
3225          (12) (a) "Sale" or "sell" means to offer or expose for sale, barter, trade, deliver,
3226     consign, lease, or give away any bedding, upholstered furniture, quilted clothing, or filling
3227     material.
3228          (b) "Sale" or "sell" does not include a judicial, executor's, administrator's, or guardian's
3229     sale of an item described in Subsection (12)(a).
3230          (13) "Secondhand" means an article or filling material, or portion of an article or filling
3231     material, that has previously been used.
3232          (14) "Sterilize" means to disinfect, decontaminate, sanitize, cleanse, or purify as
3233     required by Section [4-10-14] 4-10-113.
3234          (15) "Tag" means a card, flap, or strip attached to an article for the purpose of
3235     displaying information required by this chapter or under rule made pursuant to it.
3236          (16) (a) "Used" means an article that has been sold to a consumer and has left the store.
3237          (b) "Used" does not include an article returned to the store:
3238          (i) with its original tags; and
3239          (ii) in its original packaging.
3240          (17) "Upholstered furniture" means portable or fixed furniture, except fixed seats in
3241     motor vehicles, boats, or aircraft, that is made in whole or in part with filling material,
3242     exclusive of trim used for aesthetic effect.
3243          (18) "Wholesaler" means a person who offers an article for resale to a retailer or
3244     institution rather than a final consumer.
3245          Section 114. Section 4-10-103, which is renumbered from Section 4-10-3 is
3246     renumbered and amended to read:
3247          [4-10-3].      4-10-103. Authority to make and enforce rules.
3248          The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
3249     Rulemaking Act, to make and enforce [such] rules [as in its judgment are necessary] to

3250     administer and enforce this chapter.
3251          Section 115. Section 4-10-104, which is renumbered from Section 4-10-4 is
3252     renumbered and amended to read:
3253          [4-10-4].      4-10-104. Manufacture, repair, or wholesale sale of bedding,
3254     upholstered furniture, quilted clothing, or filling material -- License required.
3255          It is unlawful for any person to engage in the manufacture, repair, or wholesale sale of
3256     any bedding, upholstered furniture, quilted clothing, or filling material without a license issued
3257     by the department.
3258          Section 116. Section 4-10-105, which is renumbered from Section 4-10-5 is
3259     renumbered and amended to read:
3260          [4-10-5].      4-10-105. License -- Application -- Fees -- Expiration -- Renewal.
3261          (1) (a) A person may apply to the department, on forms prescribed and furnished by the
3262     department, for a license to manufacture, repair, sterilize, or engage in the wholesale sale of
3263     bedding, upholstered furniture, quilted clothing, or filling material.
3264          (b) Upon receipt of a proper application and payment of the appropriate license fee, the
3265     commissioner, if satisfied that the convenience and necessity of the industry and the public will
3266     be served, shall issue to the applicant a license to engage in the particular activity through
3267     December 31 of the year in which the license is issued, subject to suspension or revocation for
3268     cause.
3269          (c) A person doing business under more than one name shall be licensed for each name
3270     under which business is conducted.
3271          (2) The annual license fee for each license issued under this chapter shall be
3272     determined by the department pursuant to Subsection [4-2-2] 4-2-103(2).
3273          (3) Each license issued under this chapter is renewable for a period of one year upon
3274     the payment of the applicable amount for the particular license sought to be renewed on or
3275     before December 31 of each year.
3276          (4) A person who holds a valid manufacturer's license may, upon application, be
3277     licensed as a wholesale dealer without the payment of an additional license fee.
3278          (5) A person who fails to renew a license and engages in conduct requiring a license
3279     under this chapter shall pay the applicable license fee for each year in which the person engages
3280     in conduct requiring a license for which a license is not renewed.

3281          (6) The department may retroactively collect a fee owed under Subsection (5).
3282          Section 117. Section 4-10-106, which is renumbered from Section 4-10-6 is
3283     renumbered and amended to read:
3284          [4-10-6].      4-10-106. Unlawful acts specified.
3285          It is unlawful for any person to:
3286          (1) sell bedding, upholstered furniture, quilted clothing, or filling material as new
3287     unless it is made from new material and properly tagged;
3288          (2) sell bedding, upholstered furniture, quilted clothing or filling material made from
3289     secondhand material which is not properly tagged;
3290          (3) label or sell a used or secondhand article as if it were a new article;
3291          (4) use burlap or other material which has been used for packing or baling, or to use
3292     any unsanitary, filthy, or vermin or insect infected filling material in the manufacture or repair
3293     of any article;
3294          (5) sell bedding, upholstered furniture, quilted clothing or filling material which is not
3295     properly tagged regardless of point of origin;
3296          (6) use any false or misleading statement, term, or designation on any tag;
3297          (7) use any false or misleading label;
3298          (8) sell new bedding, upholstered furniture, or quilted clothing with filling material
3299     made of down, feather, wool, or hair that has not been properly sterilized; or
3300          (9) engage in the manufacture, repair, sterilization, or wholesale sale of bedding,
3301     upholstered furniture, quilted clothing, or filling material without a license as required by this
3302     chapter.
3303          Section 118. Section 4-10-107, which is renumbered from Section 4-10-7 is
3304     renumbered and amended to read:
3305          [4-10-7].      4-10-107. Tagging requirements for bedding, upholstered furniture,
3306     and filling material.
3307          (1) (a) All bedding, upholstered furniture, and filling material shall be securely tagged
3308     by the manufacturer, retailer, or repairer.
3309          (b) Tags shall be at least six square inches and plainly and indelibly labeled with:
3310          (i) information as the department requires by rule;
3311          (ii) according to the filling material type, the words "All New Material," "Secondhand

3312     Material," or "Owner's Material," stamped or printed on the label; and
3313          (iii) the word "USED" stamped or printed on the label of a used mattress.
3314          (c) Each label shall be placed on the article in such a position as to facilitate ease of
3315     examination.
3316          (2) (a) If more than one type of filling material is used in an item, the percentage, by
3317     weight, of each component part shall be listed in order of predominance.
3318          (b) If descriptive statements are made about the frame, cover, or style of the article,
3319     such statements shall, in fact, be true.
3320          (c) All quilted clothing shall be tagged and labeled in conformity with the Federal
3321     Textile Fiber Products Identification Act, 15 U.S.C. Secs. 70 through 70k.
3322          (3) No person, except the purchaser, may remove, deface, or alter a tag attached
3323     according to this chapter.
3324          (4) A used mattress shall be tagged with the word "USED," in accordance with rules
3325     established by the department.
3326          (5) The retailer of a used mattress shall display the mattress so that the "USED" tag is
3327     clearly visible to a customer.
3328          Section 119. Section 4-10-108, which is renumbered from Section 4-10-7.3 is
3329     renumbered and amended to read:
3330          [4-10-7.3].      4-10-108. Seller's representation of a used mattress -- Bedding
3331     records required.
3332          (1) A seller shall represent a mattress tagged "USED" as previously used by a
3333     customer.
3334          (2) The manufacturer, repairer, wholesale dealer, or retailer of a mattress shall keep an
3335     invoice, shipping information, bill of lading, or other record of the mattress at the manufacture,
3336     repair, wholesale, or retail location for a minimum of one year from the day on which the
3337     invoice, shipping information, bill of lading, or other record was created or received.
3338          Section 120. Section 4-10-109, which is renumbered from Section 4-10-8 is
3339     renumbered and amended to read:
3340          [4-10-8].      4-10-109. Use of rubber stamp or stencil authorized -- Conditions
3341     for use.
3342          A rubber stamp or stencil may be used instead of a tag on articles with slip covers if the

3343     article has a smooth backing, or on suitable surfaces of containers or bales of filling material;
3344     provided, the information required by Section [4-10-7] 4-10-107 is indelible and legible.
3345          Section 121. Section 4-10-110, which is renumbered from Section 4-10-9 is
3346     renumbered and amended to read:
3347          [4-10-9].      4-10-110. Sale of bedding, upholstered furniture, quilted clothing,
3348     or filling material -- Tag, stamp, or stencil required -- Secondhand material to bear tag --
3349     Presumption -- Owner's own material to be tagged.
3350          (1) No wholesaler or retailer shall sell any bedding, upholstered furniture, quilted
3351     clothing, or prefabricated filling material, whether the point of origin of such article is inside or
3352     outside the state, unless it is appropriately tagged under Section [4-10-7] 4-10-107, or unless it
3353     is appropriately stamped or stenciled under Section [4-10-7 or 4-10-8] 4-10-107 or 4-10-109.
3354          (2) (a) A retailer who sells used articles shall attach a secondhand material tag before
3355     sale.
3356          (b) Possession of an article by a person who regularly engages in the manufacture,
3357     repair, wholesale, or supply of such articles is presumptive evidence of intent to sell.
3358          (3) (a) A person who repairs "owner's own material" shall immediately upon its receipt
3359     attach an owner's material tag to the article.
3360          (b) The tag shall remain attached to the article until it is actually in the process of
3361     repair and shall be reattached upon completion of repair.
3362          Section 122. Section 4-10-111, which is renumbered from Section 4-10-10 is
3363     renumbered and amended to read:
3364          [4-10-10].      4-10-111. Enforcement -- Inspection authorized -- Samples --
3365     Reimbursement for samples -- Warrants.
3366          (1) (a) The department may access public and private premises where articles subject to
3367     this chapter are manufactured, repaired, stored, or sold for the purpose of determining
3368     compliance with this chapter.
3369          (b) For purposes of determining compliance, the department may:
3370          (i) open any upholstered furniture, bedding, or quilted clothing to obtain a sample for
3371     inspection and analysis of filling material; or
3372          (ii) if considered appropriate by the department, take the entire article for inspection
3373     and analysis.

3374          (c) Upon request, the department shall reimburse the owner or person from whom a
3375     sample or article is taken in accordance with this Subsection (1) for the actual cost of the
3376     sample or article.
3377          (2) Upon request, the department may review and copy any of the records required
3378     under Subsection [4-10-7.3] 4-10-108(2).
3379          (3) The department may proceed immediately, if admittance is refused or a record is
3380     denied, to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow
3381     entry upon the premises for the purpose of making inspections and taking samples or articles.
3382          Section 123. Section 4-10-112, which is renumbered from Section 4-10-11 is
3383     renumbered and amended to read:
3384          [4-10-11].      4-10-112. Stop sale, use, or removal order authorized -- Conditions
3385     for release specified -- Condemnation or seizure -- Procedure specified -- Award of costs
3386     authorized.
3387          (1) (a) The department may issue a "stop sale, use, or removal order" to any
3388     manufacturer, repairer, wholesaler, or retailer of any designated article or articles which it finds
3389     or has reason to believe violates this chapter.
3390          (b) The order shall be in writing and no article subject to it shall be removed, offered,
3391     or exposed for sale, except upon subsequent written release by the department.
3392          (c) Before a release is issued, the department may require the manufacturer, repairer,
3393     wholesaler, or retailer of the "stopped" article to pay the expense incurred by the department in
3394     connection with the withdrawal of the article from the market.
3395          (2) (a) The department is authorized in a court of competent jurisdiction to seek an
3396     order of seizure or condemnation of any article which violates this chapter or, upon proper
3397     grounds, to obtain a temporary restraining order or permanent injunction to prevent violation of
3398     this chapter.
3399          (b) No bond shall be required of the department in an injunctive proceeding brought
3400     under this section.
3401          (3) [If] (a) Except as provided in Subsection (3)(b), if condemnation is ordered, the
3402     article shall be disposed of as the court directs[; provided, that in no event shall it].
3403          (b) The court may not order condemnation without giving the claimant of the article an
3404     opportunity to apply to the court for permission to bring the article into conformance, or for

3405     permission to remove it from the state.
3406          (4) If the court orders condemnation, court costs, fees, storage, and other costs shall be
3407     awarded against the claimant of the article.
3408          Section 124. Section 4-10-113, which is renumbered from Section 4-10-14 is
3409     renumbered and amended to read:
3410          [4-10-14].      4-10-113. Sterilization of filling material.
3411          (1) A person shall sterilize all wool, feathers, down, shoddy, hair, or other material
3412     before the material is used as filling material in new bedding, upholstered furniture, or quilted
3413     clothing.
3414          (2) The department shall, in accordance with Title 63G, Chapter 3, Utah
3415     Administrative Rulemaking Act, make rules governing the appropriate method by which a
3416     person may sterilize wool, feathers, down, shoddy, hair, or other material for use in filling
3417     material, as required by Subsection (1).
3418          Section 125. Section 4-11-101, which is renumbered from Section 4-11-1 is
3419     renumbered and amended to read:
3420     
CHAPTER 11. UTAH BEE INSPECTION ACT

3421          [4-11-1].      4-11-101. Title.
3422          This chapter [shall be] is known [and may be cited] as the "Utah Bee Inspection Act."
3423          Section 126. Section 4-11-102, which is renumbered from Section 4-11-2 is
3424     renumbered and amended to read:
3425          [4-11-2].      4-11-102. Definitions.
3426          As used in this chapter:
3427          (1) "Abandoned apiary" means any apiary[: (a)] to which the owner or operator fails to
3428     give reasonable and adequate attention during a given year[, with the result that the welfare of a
3429     neighboring colony is jeopardized; or (b) that is not properly identified in accordance with this
3430     chapter.] as determined by the department.
3431          (2) "Apiary" means any place where one or more colonies of bees are located.
3432          (3) "Apiary equipment" means hives, supers, frames, veils, gloves, or other equipment
3433     used to handle or manipulate bees, honey, wax, or hives.
3434          (4) "Appliance" means any apparatus, tool, machine, or other device used to handle or
3435     manipulate bees, wax, honey, or hives.

3436          (5) "Bee" means the common honey bee, Apis mellifera, at any stage of development.
3437          (6) (a) "Beekeeper" means a person who keeps bees [in order to: (i) collect honey and
3438     beeswax; (ii) pollinate crops; or (iii) produce bees for sale to other beekeepers.].
3439          (b) "Beekeeper" includes an [apiarists] apiarist.
3440          (7) "Colony" means an aggregation of bees in any type of hive that includes queens,
3441     workers, drones, or brood.
3442          (8) "Disease" means any infectious or contagious disease affecting bees, as specified by
3443     the department, including American foulbrood.
3444          (9) "Hive" means a frame hive, box hive, box, barrel, log, gum skep, or other artificial
3445     or natural receptacle that may be used to house bees.
3446          (10) "Package" means any number of bees in a bee-tight container, with or without a
3447     queen, and without comb.
3448          (11) "Parasite" means an organism that parasitizes any developmental stage of a bee.
3449          (12) "Pest" means an organism that:
3450          (a) inflicts damage to a bee or bee colony directly or indirectly; or
3451          (b) may damage apiary equipment in a manner that is likely to have an adverse affect
3452     on the health of the colony or an adjacent colony.
3453          (13) "Raise" means:
3454          (a) to hold a colony of bees in a hive for the purpose of pollination, honey production,
3455     or study, or a similar purpose; and
3456          (b) when the person holding a colony[,] holds the colony or a package of bees in the
3457     state for a period of time exceeding 30 days.
3458          (14) "Terminal disease" means a pest, parasite, or pathogen that will kill an occupant
3459     colony or subsequent colony on the same equipment.
3460          Section 127. Section 4-11-103, which is renumbered from Section 4-11-3 is
3461     renumbered and amended to read:
3462          [4-11-3].      4-11-103. Department authorized to make and enforce rules.
3463          (1) The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
3464     Rulemaking Act, to make and enforce [such] rules [as it considers] necessary for the
3465     administration and enforcement of this chapter. [Such rules]
3466          (2) The rules described in Subsection (1) shall include provisions for the identification

3467     of each apiary within the state.
3468          Section 128. Section 4-11-104, which is renumbered from Section 4-11-4 is
3469     renumbered and amended to read:
3470          [4-11-4].      4-11-104. Bee raising -- Registration required -- Application -- Fees
3471     -- Renewal -- License required -- Application -- Fees -- Renewal.
3472          (1) [(a)] A person may not raise bees in this state without being registered with the
3473     department.
3474          [(b)] (2) Application for registration to raise bees shall be made to the department upon
3475     tangible or electronic forms prescribed and furnished by the department, within 30 days after
3476     the person:
3477          [(i)] (a) takes possession of the bees; or
3478          [(ii)] (b) moves the bees into the state.
3479          [(c)] (3) Nothing in Subsection [(1)(b)] (2) limits the requirements of Section [4-11-11]
3480     4-11-111.
3481          [(d)] (4) An application in accordance with this chapter shall specify:
3482          [(i)] (a) the name and address of the applicant;
3483          [(ii)] (b) the number of bee colonies owned by the applicant at the time of the
3484     application that will be present in the state for a period exceeding 30 days; and
3485          [(iii)] (c) any other relevant information the department considers appropriate.
3486          [(e)] (5) Upon receipt of a proper application and payment of an annual registration fee
3487     determined by the department pursuant to Subsection [4-2-2] 4-2-103(2), the commissioner
3488     shall issue a registration to the applicant valid through December 31 of the year in which the
3489     registration is issued, subject to suspension or revocation for cause.
3490          [(f)] (6) A bee registration is renewable for a period of one year upon the payment of
3491     an annual registration renewal fee as determined by the department pursuant to Subsection
3492     [4-2-2] 4-2-103(2).
3493          [(g)] (7) Registration shall be renewed on or before December 31 of each year.
3494          [(2) (a) A person may not operate a wax-salvage plant without a license issued by the
3495     department.]
3496          [(b) Application for a license to operate a wax-salvage plant shall be made to the
3497     department upon tangible or electronic forms prescribed and furnished by the department.]

3498          [(c) The application shall specify such information as the department considers
3499     appropriate.]
3500          [(d) Upon receipt of a proper application and payment of a license fee as determined by
3501     the department pursuant to Subsection 4-2-2(2), the commissioner, if satisfied that the
3502     convenience and necessity of the industry and the public will be served, shall issue a license
3503     entitling the applicant to operate a wax-salvage plant through December 31 of the year in
3504     which the license is issued, subject to suspension or revocation for cause.]
3505          [(e) A wax-salvage license is renewable for a period of one year, on or before
3506     December 31 of each year, upon the payment of an annual license renewal fee as determined by
3507     the department pursuant to Subsection 4-2-2(2).]
3508          Section 129. Section 4-11-105, which is renumbered from Section 4-11-5 is
3509     renumbered and amended to read:
3510          [4-11-5].      4-11-105. County bee inspector -- Appointment -- Termination --
3511     Compensation.
3512          (1) The county executive upon the petition of five or more persons who raise bees
3513     within the respective county shall, with the approval of the commissioner, appoint a qualified
3514     person to act as a bee inspector within the county.
3515          (2) A county bee inspector shall be employed at the pleasure of the county executive
3516     and the commissioner[,] and is subject to termination of employment, with or without cause, at
3517     the instance of either.
3518          (3) Compensation for the county bee inspector shall be fixed by the county legislative
3519     body.
3520          (4) To be appointed a county bee inspector, a person shall demonstrate adequate
3521     training and knowledge related to this chapter, bee diseases, and pests.
3522          (5) A record concerning bee inspection shall be kept by the county executive or
3523     commissioner.
3524          (6) The county executive and the commissioner shall investigate a formal, written
3525     complaint against a county bee inspector.
3526          [(7) The department may authorize an inspection if:]
3527          [(a) a county bee inspector is not appointed; or]
3528          [(b) a conflict of interest arises with a county bee inspector.]

3529          Section 130. Section 4-11-106, which is renumbered from Section 4-11-6 is
3530     renumbered and amended to read:
3531          [4-11-6].      4-11-106. Hives to have removable frames -- Consent of county bee
3532     inspector to sell or transport diseased bees.
3533          (1) A person may not house or keep bees in a hive unless [it] the hive is equipped with
3534     movable frames to all [its] the hive's parts so that access to the hive can be had without
3535     difficulty.
3536          (2) No person who owns or has possession of bees (whether queens or workers) with
3537     knowledge that they are infected with terminal disease, parasites, or pests, or with knowledge
3538     that they have been exposed to terminal disease, parasites, or pests, shall sell, barter, give away,
3539     or move the bees, colonies, or apiary equipment without the consent of the county bee
3540     inspector or the department.
3541          Section 131. Section 4-11-107, which is renumbered from Section 4-11-7 is
3542     renumbered and amended to read:
3543          [4-11-7].      4-11-107. Inspector -- Duties -- Diseased apiaries -- Examination of
3544     diseased bees by department -- Election to transport bees to wax-salvage plant.
3545          (1) The county bee inspector or the department may inspect:
3546          (a) all apiaries within the county at least once each year; and[, also, inspect]
3547          (b) immediately any apiary within the county that is alleged in a [written] complaint to
3548     be severely diseased, parasitized, or abandoned.
3549          (2) If, upon inspection, the inspector determines that an apiary is diseased or
3550     parasitized, the inspector [shall] may take the following action based on the severity of the
3551     disease or parasite present:
3552          (a) prescribe the course of treatment that the owner or caretaker of the bees shall follow
3553     to eliminate the disease or parasite;
3554          (b) personally, for the purpose of treatment approved by the department, take control of
3555     the afflicted bees, hives, combs, broods, honey, and equipment; or
3556          (c) destroy the afflicted bees and, if necessary, their hives, combs, broods, honey, and
3557     all appliances that may have become infected.
3558          (3) If, upon reinspection, the inspector determines that the responsible party has not
3559     executed the course of treatment prescribed by Subsection (2), the inspector may take

3560     immediate possession of the afflicted colony for control or destruction in accordance with
3561     Subsection (2)(b) or (c).
3562          (4) (a) The owner of an apiary who is dissatisfied with the diagnosis or course of action
3563     proposed by an inspector under this section may, at the owner's expense, have the department
3564     examine the alleged diseased bees.
3565          (b) The decision of the commissioner with respect to the condition of bees at the time
3566     of the examination is final and conclusive upon the owner and the inspector involved.
3567          [(5) The owner of a diseased apiary, notwithstanding the provisions of Subsections (2),
3568     (3), and (4), may elect under the direction of the county bee inspector to kill the diseased bees,
3569     seal their hives, and transport them to a licensed wax-salvage plant.]
3570          Section 132. Section 4-11-108, which is renumbered from Section 4-11-8 is
3571     renumbered and amended to read:
3572          [4-11-8].      4-11-108. County bee inspector -- Disinfection required before
3573     leaving apiary with diseased bees.
3574          (1) Before inspecting the premises of any apiary, an inspector and any assistant of an
3575     inspector shall disinfect any equipment that will be used in the inspection.
3576          [(1)] (2) Before leaving the premises of any apiary [where disease exists], the [county]
3577     bee inspector, or any assistant, shall thoroughly disinfect any part of the inspector's own person,
3578     clothing, or any appliance that has come in contact with infected material.
3579          [(2)] (3) The method of disinfection required by Subsection [(1)] (2):
3580          (a) may be determined by the department; and
3581          (b) shall be sufficient to destroy disease, parasites, and pathogens encountered.
3582          [(3)] (4) A county bee inspector shall maintain a record of each inspection, including
3583     disinfection practices.
3584          [(4)] (5) The county executive or the commissioner may review a county bee
3585     inspector's records kept in accordance with Subsection [(3)] (4).
3586          Section 133. Section 4-11-109, which is renumbered from Section 4-11-9 is
3587     renumbered and amended to read:
3588          [4-11-9].      4-11-109. Inspection of apiaries where queen bees raised for sale --
3589     Honey from apiaries where queen bees raised for sale not to be used for candy for
3590     mailing cages unless boiled.

3591          (1) (a) At least twice each summer the county bee inspector [shall] may inspect each
3592     apiary in which queen bees are raised for sale.
3593          (b) A person may not sell or transport any queen bee from an apiary that is found to be
3594     infected with disease[,] without the consent of the county bee inspector or the department.
3595          (2) No person engaged in raising queen bees for sale shall use any honey for making
3596     candy for mailing cages that has not been boiled for at least 30 minutes.
3597          (3) A person rearing queens shall follow standard methods for minimizing or
3598     eliminating unmanageably aggressive stock.
3599          Section 134. Section 4-11-110, which is renumbered from Section 4-11-10 is
3600     renumbered and amended to read:
3601          [4-11-10].      4-11-110. Enforcement -- Inspections authorized -- Warrants.
3602          (1) The department and all [county] bee inspectors shall have access to all apiaries or
3603     places where bees, hives, and appliances are kept for the purpose of enforcing this chapter.
3604          (2) If admittance is refused, the department, or the [county] bee inspector involved,
3605     may proceed immediately to obtain an ex parte warrant from the nearest court of competent
3606     jurisdiction to allow entry upon the premises for the purpose of making an inspection.
3607          Section 135. Section 4-11-111, which is renumbered from Section 4-11-11 is
3608     renumbered and amended to read:
3609          [4-11-11].      4-11-111. Importation of bees or appliances into state --
3610     Certification required -- Inspection discretionary -- Authority to require destruction or
3611     removal of diseased bees and appliances.
3612          (1) (a) A person may not bring or import any bees in packages or hives or bring or
3613     import any used beekeeping equipment or appliances into this state[, except after] without
3614     obtaining a certificate from an inspector authorized in the state of origin certifying that:
3615          (i) the bees, apiary equipment, or appliances have been inspected within the current
3616     production season[,]; and [that]
3617          (ii) all diseased colonies in the apiary at the time of the inspection were destroyed or
3618     [removed to a licensed wax-salvage plant before the issuance of the certificate.] treated.
3619          (b) A person bringing or importing bees into the state shall advise the department of
3620     the address of the [bees] bees' destination and furnish the department with a copy of the
3621     certificate of inspection [either: (i) within at least five working days before the bees enter the

3622     state; or (ii)] upon entry into the state.
3623          (c) A person intending to hold bees in the state for a period of time exceeding 30 days
3624     shall comply with Section [4-11-4] 4-11-104.
3625          (2) (a) A person may not bring or import any used apiary equipment, except after
3626     obtaining a certificate from an inspector authorized in the state of origin certifying that all
3627     potentially pathogen-conductive apiary equipment or appliances are appropriately sterilized
3628     immediately before importation.
3629          (b) A person bringing or importing used apiary equipment shall advise the department
3630     of the address of the destination in the state and furnish the department with a copy of the
3631     certificate of inspection [either: (i) within at least five working days before the bees enter the
3632     state; or (ii)] upon entry into the state.
3633          (3) Used apiary equipment or appliances that have been exposed to terminal disease
3634     may not be sold without the consent of the [county] bee inspector or the commissioner.
3635          (4) In lieu of the certificate required by Subsection (1), the certificate may be a Utah
3636     certificate.
3637          (5) (a) If the department determines it is necessary for any reason to inspect any bees,
3638     apiary equipment, or appliance upon arrival at a destination in this state, and upon this
3639     inspection finds terminal disease, the department shall cause all diseased colonies, appliances,
3640     and equipment to be either:
3641          (i) destroyed immediately; or
3642          (ii) removed from the state within 48 hours.
3643          (b) The costs [under] of complying with Subsection (5)(a)(i) or (ii) shall be paid by the
3644     person bringing the diseased colonies, appliances, or equipment into the state.
3645          Section 136. Section 4-11-112, which is renumbered from Section 4-11-12 is
3646     renumbered and amended to read:
3647          [4-11-12].      4-11-112. Quarantine authorized.
3648          The commissioner, in order to protect the bee industry of the state against bee health or
3649     management issues, may quarantine the entire state, an entire county, or any apiary or specific
3650     hive within the state[, as the commissioner considers necessary].
3651          Section 137. Section 4-11-113, which is renumbered from Section 4-11-13 is
3652     renumbered and amended to read:

3653          [4-11-13].      4-11-113. Unlawful acts specified.
3654          It is unlawful for a person to:
3655          (1) extract honey in any place where bees can gain access either during or after the
3656     extraction process;
3657          [(2) remove honey or wax, or attempt to salvage, or salvage any hives, apiary
3658     equipment, or appliances from a diseased colony, except in a licensed wax-salvage plant,
3659     unless specifically authorized by a county bee inspector or the commissioner;]
3660          [(3)] (2) maintain any neglected or abandoned hives, apiary equipment, or appliances
3661     other than in an enclosure that prohibits the entrance of bees;
3662          [(4)] (3) raise bees without being registered with the department; or
3663          [(5) operate a wax-salvage plant without a license;]
3664          [(6) store an empty hive body, apiary equipment, or appliances in a manner that may
3665     propagate pests, disease, or bee feeding frenzy; or]
3666          [(7)] (4) knowingly sell a colony, apiary equipment, or [appliances that are] appliance
3667     that is inoculated with terminal disease pathogens.
3668          Section 138. Section 4-11-114, which is renumbered from Section 4-11-14 is
3669     renumbered and amended to read:
3670          [4-11-14].      4-11-114. Maintenance of abandoned apiary, equipment, or
3671     appliance -- Nuisance.
3672          (1) It is a public nuisance to keep [or maintain] an abandoned or diseased apiary, apiary
3673     equipment, or appliance anywhere other than in an enclosure that prohibits the entry of bees.
3674          (2) Items listed in Subsection (1) are subject to seizure and destruction by the county
3675     bee inspector.
3676          (3) Upon discovery of, or receipt of a written complaint concerning, an abandoned
3677     apiary site, apiary equipment, or appliance, the [county] bee inspector shall attempt to notify
3678     the registered owner, if any.
3679          (4) (a) A registered owner notified under Subsection (3) shall remove the abandoned
3680     apiary, apiary equipment, or appliance or provide a bee-proof enclosure within 15 days.
3681          (b) The [county] bee inspector or the department shall verify the removal or protection
3682     in accordance with Subsection (4)(a) at the expiration of the 15-day period.
3683          (c) If a registered owner does not comply with Subsection (4)(a), the [county] bee

3684     inspector or the department may seize and destroy the abandoned apiary, apiary equipment, and
3685     appliances.
3686          (5) A [county] bee inspector or the department may seize and destroy an abandoned
3687     apiary, apiary equipment, or appliances if the abandoned apiary, apiary equipment, or
3688     appliances do not indicate a registered owner.
3689          Section 139. Section 4-11-115, which is renumbered from Section 4-11-17 is
3690     renumbered and amended to read:
3691          [4-11-17].      4-11-115. Maintaining gentle stock.
3692          A beekeeper may not intentionally maintain an aggressive or unmanageable stock,
3693     whether African or European in origin.
3694          Section 140. Section 4-12-4 is amended to read:
3695          4-12-4. Distribution of commercial and customer-formula feed -- Registration or
3696     permit required -- Application -- Fees -- Expiration -- Renewal.
3697          (1) No person may distribute a commercial feed in this state which is not registered
3698     with the department. Application for registration shall be made to the department upon forms
3699     prescribed and furnished by it accompanied with an annual registration fee, determined by the
3700     department pursuant to Subsection [4-2-2] 4-2-103(2), for each brand name of commercial feed
3701     registered. Upon receipt of a proper application and payment of the appropriate fee, the
3702     commissioner shall issue a registration to the applicant allowing the applicant to distribute the
3703     registered commercial feed in this state through December 31 of the year in which the
3704     registration is issued, subject to suspension or revocation for cause.
3705          (2) A person who distributes customer-formula feed is not required to register such
3706     feed, but is required to obtain a permit from the department before distribution. Application
3707     for a customer-formula feed distribution permit shall be made to the department upon forms
3708     prescribed and furnished by it accompanied with an annual permit fee determined by the
3709     department pursuant to Subsection [4-2-2] 4-2-103(2). Upon receipt by the department of a
3710     proper application and payment of the appropriate fee as prescribed by the department, the
3711     commissioner shall issue a permit to the applicant allowing the applicant to distribute
3712     customer-formula feed in this state through December 31 of the year in which the permit is
3713     issued, subject to suspension or revocation for cause.
3714          (3) Each registration is renewable for a period of one year upon the payment of an

3715     annual registration renewal fee in an amount equal to the current applicable original
3716     registration fee. Each renewal fee shall be paid on or before December 31 of each year.
3717          (4) A customer-formula feed permit is renewable for a period of one year upon the
3718     payment of an annual permit renewal fee in an amount equal to the current applicable original
3719     permit fee. Each permit renewal fee shall be paid on or before December 31 of each year.
3720          Section 141. Section 4-13-101, which is renumbered from Section 4-13-1 is
3721     renumbered and amended to read:
3722     
CHAPTER 13. UTAH FERTILIZER ACT

3723          [4-13-1].      4-13-101. Title.
3724          This chapter [shall be] is known [and may be cited] as the "Utah Fertilizer Act."
3725          Section 142. Section 4-13-102, which is renumbered from Section 4-13-2 is
3726     renumbered and amended to read:
3727          [4-13-2].      4-13-102. Definitions.
3728          As used in this chapter:
3729          (1) "Adulterated fertilizer" means any commercial fertilizer that contains an ingredient
3730     that renders it injurious to beneficial plant life when applied in accordance with the directions
3731     on the label, or contains crop or weed seed, or is inadequately labeled to protect plant life.
3732          (2) "Brand" means any term, design, or trade mark used in connection with one or
3733     several grades of commercial fertilizer or soil amendment.
3734          (3) "Commercial fertilizer" means any substance that contains one or more recognized
3735     plant nutrients that is used for its plant nutrient content and is designed for use or claimed to
3736     have value in promoting plant growth, exclusive of unmanipulated animal and vegetable
3737     manures, marl, lime, limestone, wood ashes, gypsum, and other products exempted by rule of
3738     the department.
3739          (4) "Distributor" means any person who:
3740          (a) imports, consigns, manufactures, produces, compounds, mixes, or blends
3741     commercial fertilizer;
3742          (b) imports, consigns, manufactures, produces, compounds, sizes, or blends a soil
3743     amendment; or
3744          (c) offers for sale, sells, barters, or otherwise supplies commercial fertilizer or a soil
3745     amendment in this state.

3746          (5) "Fertilizer material" means a commercial fertilizer that contains either:
3747          (a) quantities of no more than one of the primary plant nutrients (nitrogen, phosphoric
3748     acid and potash);
3749          (b) approximately 85% plant nutrients in the form of a single chemical compound; or
3750          (c) plant or animal residues or by-products, or a natural material deposit that is
3751     processed so that its primary plant nutrients have not been materially changed, except through
3752     purification and concentration.
3753          (6) "Grade" means the percentage of total nitrogen, available phosphorus or phosphoric
3754     acid, and soluble potassium or soluble potash stated in whole numbers in the same terms,
3755     order, and percentages as in the guaranteed analysis; provided, that specialty fertilizers may be
3756     guaranteed in fractional units of less than one percent of total nitrogen, available phosphorus or
3757     phosphoric acid, and soluble potassium or soluble potash and that fertilizer materials such as
3758     bone meal, manures, and similar raw materials may be guaranteed in fractional units.
3759          (7) (a) "Guaranteed analysis" means the minimum percentage by weight of plant
3760     nutrients claimed in the following order and form:
3761      Total nitrogen (N)
____ percent
3762      Available phosphoric acid (P0)
____ percent
3763      Soluble potash (K0)
____ percent
3764          (b) For unacidulated mineral phosphatic materials and basic slag, bone, tankage, and
3765     other organic phosphate materials, it means the total phosphoric acid or degree of fineness.
3766          (c) Potential basicity or acidity expressed in terms of calcium carbonate equivalent in
3767     multiples of one hundred pounds per ton, when required by rule.
3768          (d) (i) Guarantees for plant nutrients other than nitrogen, phosphorus, and potassium
3769     may be permitted or required by rule of the department.
3770          (ii) The guarantees for such other nutrients shall be expressed in the form of the
3771     element.
3772          (iii) The sources of such other nutrients, such as oxides, salt, chelates, may be required
3773     to be stated on the application for registration and may be included as a parenthetical statement
3774     on the label.
3775          (iv) Other beneficial substances or compounds, determinable by laboratory methods,
3776     also may be guaranteed by permission of the department.

3777          (v) Any plant nutrients or other substances or compounds guaranteed are subject to
3778     inspection and analysis in accord with the methods and rules prescribed by the department.
3779          (8) "Investigational allowance" means an allowance for variations inherent in the
3780     taking, preparation, and analysis of an official sample of commercial fertilizer or soil
3781     amendment.
3782          (9) "Label" means the display of all written, printed, or graphic matter upon the
3783     immediate container or statement accompanying a commercial fertilizer or soil amendment.
3784          (10) "Labeling" means all written, printed, or graphic matter upon or accompanying
3785     any commercial fertilizer or soil amendment, or advertisements, brochures, posters, television
3786     and radio announcements used in promoting the sale of such commercial fertilizers or soil
3787     amendments.
3788          (11) "Mixed fertilizer" means a commercial fertilizer containing any combination of
3789     fertilizer materials.
3790          (12) "Official sample" means any sample of commercial fertilizer or soil amendment
3791     taken by the department and designated as "official."
3792          (13) "Percent" or "percentage" means the percentage by weight.
3793          (14) "Registrant" means any person who registers a commercial fertilizer or a soil
3794     amendment under the provisions of this chapter.
3795          (15) (a) "Soil amendment" means any substance that is intended to improve the
3796     physical characteristics of soil.
3797          (b) "Soil amendment" does not include any commercial fertilizer, agriculture liming
3798     materials, unmanipulated animal manure, unmanipulated vegetable manure, pesticides, or other
3799     material exempt by rule of the department.
3800          (16) "Specialty fertilizer" means any commercial fertilizer distributed primarily for
3801     non-farm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks,
3802     cemeteries, greenhouses, and nurseries.
3803          (17) "Ton" means a net weight of 2,000 pounds avoirdupois.
3804          Section 143. Section 4-13-103, which is renumbered from Section 4-13-3 is
3805     renumbered and amended to read:
3806          [4-13-3].      4-13-103. Distribution of commercial fertilizer or soil amendment --
3807     Registration required -- Application -- Fees -- Expiration -- Renewal -- Exemptions

3808     specified -- Blenders and mixers to register name under which business conducted --
3809     Blenders and mixers fee.
3810          (1) (a) Each brand and grade of commercial fertilizer or soil amendment shall be
3811     registered in the name of the person whose name appears upon the label before being
3812     distributed in this state.
3813          (b) The application for registration shall be submitted to the department on a form
3814     prescribed and furnished by it, and shall be accompanied by a fee determined by the department
3815     pursuant to Subsection [4-2-2] 4-2-103(2) for each brand and grade.
3816          (c) Upon approval by the department, a copy of the registration shall be furnished to
3817     the applicant.
3818          (d) (i) Each registration expires at midnight on December 31 of the year in which
3819     issued.
3820          (ii) Each registration is renewable for a period of one year upon the payment of an
3821     annual registration renewal fee in an amount equal to the current applicable original
3822     registration fee.
3823          (iii) Each renewal fee shall be paid on or before December 31 of each year.
3824          (2) The application for registration shall include the following information:
3825          (a) the net weight;
3826          (b) the brand and grade;
3827          (c) the guaranteed analysis;
3828          (d) the name and address of the registrant; and
3829          (e) any other information as the department may prescribe by rule.
3830          (3) A distributor is not required to register any commercial fertilizer which has been
3831     registered by another person under this chapter if the label does not differ in any respect.
3832          (4) (a) A distributor is not required to register each grade of commercial fertilizer
3833     formulated by a consumer before mixing, but is required to:
3834          (i) register the name under which the business of blending or mixing is conducted;
3835          (ii) pay an annual blenders license fee determined by the department pursuant to
3836     Subsection [4-2-2] 4-2-103(2); and
3837          (iii) label the mixed fertilizer or soil amendment as provided in Section [4-13-4]
3838     4-13-104.

3839          (b) (i) A blenders license shall expire at midnight on December 31 of the year in which
3840     it is issued.
3841          (ii) A blenders license is renewable for a period of one year upon the payment of an
3842     annual license renewal fee in an amount equal to the current applicable original blenders
3843     license fee.
3844          (iii) Each renewal fee shall be paid on or before December 31 of each year.
3845          (5) (a) A fee shall be assessed on fertilizer and soil amendment products sold in the
3846     state.
3847          (b) The fee shall be:
3848          (i) determined by the department pursuant to Subsection [4-2-2] 4-2-103(2); and
3849          (ii) paid by the manufacturer or distributor on a schedule specified by rule.
3850          (c) Revenue generated by the fee shall be deposited in the General Fund as dedicated
3851     credits to be used by the department for education about and promotion of proper fertilizer
3852     distribution, handling, and use.
3853          Section 144. Section 4-13-104, which is renumbered from Section 4-13-4 is
3854     renumbered and amended to read:
3855          [4-13-4].      4-13-104. Labeling requirements for specialty fertilizer, bulk
3856     commercial fertilizer, packaged mixed fertilizer, and soil amendments specified.
3857          (1) Each container of specialty commercial fertilizer distributed in this state shall bear
3858     a label setting forth:
3859          (a) its net weight;
3860          (b) brand and grade;
3861          (c) guaranteed analysis;
3862          (d) the name and address of the registrant; and
3863          (e) the lot number.
3864          (2) (a) Each bulk shipment of commercial fertilizer distributed in this state shall be
3865     accompanied by a printed or written statement setting forth the information specified in
3866     Subsections (1)(a) through (e).
3867          (b) The statement shall be delivered to the purchaser at the time the bulk fertilizer is
3868     delivered.
3869          (3) Each sale of packaged mixed fertilizer shall be labeled, or labeling furnished the

3870     consumer, to show its net weight, guaranteed analysis, lot number, and the name and address of
3871     the distributor.
3872          (4) (a) Each container of soil amendment shall conform to the requirements of
3873     Subsection (1), and if distributed in bulk, with Subsection (2).
3874          (b) The name or chemical designation and content of the soil amending ingredient or
3875     any other information prescribed by rule of the department shall appear whether distributed in a
3876     container or in bulk.
3877          Section 145. Section 4-13-105, which is renumbered from Section 4-13-5 is
3878     renumbered and amended to read:
3879          [4-13-5].      4-13-105. Enforcement -- Inspection and samples authorized --
3880     Methods for sampling and analysis prescribed -- Warrants.
3881          (1) The department shall periodically sample, inspect, analyze, and test commercial
3882     fertilizers and soil amendments distributed within this state to determine if they comply with
3883     this chapter.
3884          (2) Methods of analysis and sampling shall be in accordance with those adopted by the
3885     department from sources such as the Association of Official Analytical Chemists Journal.
3886          (3) In determining whether a commercial fertilizer or soil amendment is deficient, the
3887     department shall be guided solely by the official sample.
3888          (4) (a) The department is authorized to enter any public or private premises or carriers
3889     during regular business hours in order to have access to commercial fertilizers or soil
3890     amendments subject to this chapter.
3891          (b) If admittance is refused, the department may proceed immediately to obtain an ex
3892     parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises
3893     for the purpose of making inspections and obtaining samples.
3894          Section 146. Section 4-13-106, which is renumbered from Section 4-13-6 is
3895     renumbered and amended to read:
3896          [4-13-6].      4-13-106. Distribution of fertilizers not complying with labeling
3897     requirements prohibited -- Guaranteed analysis deficient -- Penalty assessed -- Time for
3898     payment -- Court action to vacate or amend finding authorized.
3899          (1) No person shall distribute in this state a commercial fertilizer, fertilizer material,
3900     soil amendment or specialty fertilizer if the official sample thereof establishes that the

3901     commercial fertilizer, fertilizer material, soil amendment or specialty fertilizer is deficient in
3902     the nutrients guaranteed on the label by an amount exceeding the values established by rule or
3903     if the overall index value of the official sample is below the level established by rule.
3904          (2) If an official sample, after analysis, demonstrates the guaranteed analysis is
3905     deficient in one or more of its primary plant foods (NPK) beyond the investigational allowance
3906     prescribed by rule, or if the over-all index value of the official sample is below the level
3907     established by rule, a penalty of three times the commercial value of the deficiency or
3908     deficiencies of the lot represented by the official sample may be assessed against the registrant.
3909          (3) All penalties assessed under this section shall be paid to the department within
3910     three months after notice from the department.
3911          (4) Any registrant aggrieved by the finding of an official sample deficiency may file a
3912     complaint with a court of competent jurisdiction to vacate or amend the finding of the
3913     department.
3914          Section 147. Section 4-13-107, which is renumbered from Section 4-13-7 is
3915     renumbered and amended to read:
3916          [4-13-7].      4-13-107. Department to publish commercial values applied to
3917     components of commercial fertilizer.
3918          The department shall annually publish the values per unit of nitrogen, available
3919     phosphoric acid, and soluble potash in commercial fertilizers in this state for the purpose of
3920     notifying registrants of the commercial value to be applied to commercial fertilizers under
3921     Section [4-13-6] 4-13-106.
3922          Section 148. Section 4-13-108, which is renumbered from Section 4-13-8 is
3923     renumbered and amended to read:
3924          [4-13-8].      4-13-108. Suspension or revocation authorized -- Refusal to register
3925     authorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action --
3926     Procedure -- Costs.
3927          (1) The department may revoke or suspend the registration of any brand of commercial
3928     fertilizer or soil amendment, or refuse to register any brand of commercial fertilizer or soil
3929     amendment upon satisfactory evidence that the registrant has used fraudulent or deceptive
3930     practices in registration or distribution in this state.
3931          (2) (a) The department may issue a "stop sale, use or removal order" to the owner or

3932     person in possession of any designated lot of commercial fertilizer or soil amendment which it
3933     finds or has reason to believe is being offered or exposed for sale in violation of this chapter.
3934          (b) The order shall be in writing and no commercial fertilizer or soil amendment
3935     subject to it shall be moved or offered or exposed for sale, except upon the subsequent written
3936     release of the department.
3937          (c) Before a release is issued, the department may require the owner or person in
3938     possession of the "stopped" lot to pay the expense incurred by the department in connection
3939     with the withdrawal of the product from the market.
3940          (3) (a) The department is authorized in a court of competent jurisdiction to seek an
3941     order of seizure or condemnation of any fertilizer which violates this chapter or, upon proper
3942     grounds, to obtain a temporary restraining order or permanent injunction, to prevent violation
3943     of this chapter.
3944          (b) No bond shall be required of the department in any injunctive proceeding under this
3945     section.
3946          (4) If condemnation is ordered, the fertilizer or soil amendment shall be disposed of as
3947     the court directs; provided, that in no event shall it order condemnation without giving the
3948     claimant of the fertilizer or soil amendment an opportunity to apply to the court for permission
3949     to relabel, reprocess, or otherwise bring the product into conformance, or to remove it from the
3950     state.
3951          (5) If the court orders condemnation of the commercial fertilizer or soil amendment,
3952     court costs, fees, storage, and other expenses shall be awarded against the claimant of the
3953     fertilizer or soil amendment.
3954          Section 149. Section 4-13-109, which is renumbered from Section 4-13-9 is
3955     renumbered and amended to read:
3956          [4-13-9].      4-13-109. Sales or exchanges of commercial fertilizers or soil
3957     amendments between manufacturers, importers, or manipulators permitted.
3958          Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of
3959     commercial fertilizers or soil amendments to each other by importers, manufacturers, or
3960     manipulators who mix fertilizer or soil amendment materials for sale or as preventing the free
3961     and unrestricted shipment of commercial fertilizer or soil amendments to manufacturers or
3962     manipulators who have registered their brands as required by this chapter.

3963          Section 150. Section 4-14-101, which is renumbered from Section 4-14-1 is
3964     renumbered and amended to read:
3965     
CHAPTER 14. UTAH PESTICIDE CONTROL ACT

3966          [4-14-1].      4-14-101. Title.
3967          This chapter [shall be] is known [and may be cited] as the "Utah Pesticide Control Act."
3968          Section 151. Section 4-14-102, which is renumbered from Section 4-14-2 is
3969     renumbered and amended to read:
3970          [4-14-2].      4-14-102. Definitions.
3971          As used in this chapter:
3972          (1) "Active ingredient" means an ingredient that:
3973          (a) prevents, destroys, repels, controls, or mitigates pests; or
3974          (b) acts as a plant regulator, defoliant, or desiccant.
3975          (2) "Adulterated pesticide" means a pesticide with a strength or purity that is below the
3976     standard of quality expressed on the label under which [it] the pesticide is offered for sale.
3977          (3) "Animal" means all vertebrate or invertebrate species.
3978          (4) "Beneficial insect" means an insect that is:
3979          (a) an effective pollinator of plants;
3980          (b) a parasite or predator of pests; or
3981          (c) otherwise beneficial.
3982          (5) "Defoliant" means a substance or mixture intended to cause leaves or foliage to
3983     drop from a plant, with or without causing abscission.
3984          (6) "Desiccant" means a substance or mixture intended to artificially accelerate the
3985     drying of plant or animal tissue.
3986          (7) "Distribute" means to offer for sale, sell, barter, ship, deliver for shipment, receive,
3987     deliver, or offer to deliver pesticides in this state.
3988          (8) "Environment" means all living plants and animals, water, air, land, and the
3989     interrelationships that exist between them.
3990          (9) (a) "Equipment" means any type of ground, water, or aerial equipment or
3991     contrivance using motorized, mechanical, or pressurized power to apply a pesticide.
3992          (b) "Equipment" does not mean any pressurized hand-sized household apparatus used
3993     to apply a pesticide or any equipment or contrivance used to apply a pesticide that is dependent

3994     solely upon energy expelled by the person making the pesticide application.
3995          (10) "EPA" means the United States Environmental Protection Agency.
3996          (11) "FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act.
3997          (12) (a) "Fungus" means a nonchlorophyll-bearing thallophyte or a
3998     nonchlorophyll-bearing plant of an order lower than mosses and liverworts, including rust,
3999     smut, mildew, mold, yeast, and bacteria.
4000          (b) "Fungus" does not include fungus existing on or in:
4001          (i) a living person or other animal; or
4002          (ii) processed food, beverages, or pharmaceuticals.
4003          (13) "Insect" means an invertebrate animal generally having a more or less obviously
4004     segmented body:
4005          (a) usually belonging to the Class Insecta, comprising six-legged, usually winged
4006     forms, including beetles, bugs, bees, and flies; and
4007          (b) allied classes of arthropods that are wingless usually having more than six legs,
4008     including spiders, mites, ticks, centipedes, and wood lice.
4009          (14) "Label" means any written, printed, or graphic matter on, or attached to, a
4010     pesticide or a container or wrapper of a pesticide.
4011          (15) (a) "Labeling" means all labels and all other written, printed, or graphic matter:
4012          (i) accompanying a pesticide or equipment; or
4013          (ii) to which reference is made on the label or in literature accompanying a pesticide or
4014     equipment.
4015          (b) "Labeling" does not include any written, printed, or graphic matter created by the
4016     EPA, the United States Departments of Agriculture or Interior, the United States Department of
4017     Health, Education, and Welfare, state experimental stations, state agricultural colleges, and
4018     other federal or state institutions or agencies authorized by law to conduct research in the field
4019     of pesticides.
4020          (16) "Land" means land, water, air, and plants, animals, structures, buildings,
4021     contrivances, and machinery appurtenant or situated thereon, whether fixed or mobile,
4022     including any used for transportation.
4023          (17) "Misbranded" means any label or labeling that is false or misleading or that does
4024     not strictly comport with the label and labeling requirements set forth in Section [4-14-4]

4025     4-14-104.
4026          (18) "Misuse" means use of any pesticide in a manner inconsistent with [its] the
4027     pesticide's label or labeling.
4028          (19) "Nematode" means invertebrate animals of the Phylum Nemathelminthes and
4029     Class Nematoda, including unsegmented round worms with elongated, fusiform, or saclike
4030     bodies covered with cuticle, also known as nemas or eelworms.
4031          (20) (a) "Pest" means:
4032          (i) any insect, rodent, nematode, fungus, weed; or
4033          (ii) any other form of terrestrial or aquatic plant or animal life, virus, bacteria, or other
4034     microorganism that is injurious to health or to the environment or that the department declares
4035     to be a pest.
4036          (b) "Pest" does not include:
4037          (i) viruses, bacteria, or other microorganisms on or in a living person or other living
4038     animal; or
4039          (ii) protected wildlife species identified in Section 23-13-2 that are regulated by the
4040     Division of Wildlife Resources in accordance with Sections 23-14-1 through 23-14-3.
4041          (21) "Pesticide" means any:
4042          (a) substance or mixture of substances, including a living organism, that is intended to
4043     prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug,
4044     fungus, weed, or other form of plant or animal life that is normally considered to be a pest or
4045     that the commissioner declares to be a pest;
4046          (b) any substance or mixture of substances intended to be used as a plant regulator,
4047     defoliant, or desiccant;
4048          (c) any spray adjuvant, such as a wetting agent, spreading agent, deposit builder,
4049     adhesive, or emulsifying agent with deflocculating properties of its own used with a pesticide
4050     to aid [its] the pesticide's application or effect; and
4051          (d) any other substance designated by the department by rule.
4052          (22) "Pesticide applicator" is a person who:
4053          (a) applies or supervises the application of a pesticide; and
4054          (b) is required by this chapter to have a license.
4055          (23) (a) "Pesticide applicator business" means an entity that:

4056          (i) is authorized to do business in this state; and
4057          (ii) offers pesticide application services.
4058          (b) "Pesticide applicator business" does not include an individual licensed agricultural
4059     applicator who may work for hire.
4060          (24) "Pesticide dealer" means any person who distributes restricted use pesticides.
4061          (25) (a) "Plant regulator" means any substance or mixture intended, through
4062     physiological action, to accelerate or retard the rate of growth or rate of maturation, or
4063     otherwise alter the behavior of ornamental or crop plants.
4064          (b) "Plant regulator" does not include plant nutrients, trace elements, nutritional
4065     chemicals, plant inoculants, or soil amendments.
4066          (26) "Restricted use pesticide" means:
4067          (a) a pesticide, including a highly toxic pesticide, that is a serious hazard to beneficial
4068     insects, animals, or land; or
4069          (b) any pesticide or pesticide use restricted by the administrator of EPA or by the
4070     commissioner.
4071          (27) "Weed" means any plant that grows where not wanted.
4072          (28) "Wildlife" means all living things that are neither human, domesticated, nor pests.
4073          Section 152. Section 4-14-103, which is renumbered from Section 4-14-3 is
4074     renumbered and amended to read:
4075          [4-14-3].      4-14-103. Registration required for distribution -- Application --
4076     Fees -- Renewal -- Local needs registration -- Distributor or applicator license -- Fees --
4077     Renewal.
4078          (1) (a) [No] A person [may distribute a pesticide in this state] that is not registered with
4079     the department may not distribute a pesticide in this state.
4080          (b) Application for registration shall be made to the department upon forms prescribed
4081     and furnished by [it] the department accompanied with an annual registration fee determined
4082     by the department pursuant to Subsection [4-2-2] 4-2-103(2) for each pesticide registered.
4083          (c) Upon receipt by the department of a proper application and payment of the
4084     appropriate fee, the commissioner shall issue a registration to the applicant allowing
4085     distribution of the registered pesticide in this state through June 30 of each year, subject to
4086     suspension or revocation for cause.

4087          (d) (i) Each registration is renewable for a period of one year upon the payment of an
4088     annual registration renewal fee in an amount equal to the current applicable original
4089     registration fee.
4090          (ii) Each renewal fee shall be paid on or before June 30 of each year.
4091          (2) The application shall include the following information:
4092          (a) the name and address of the applicant and the name and address of the person
4093     whose name will appear on the label, if other than the applicant's name;
4094          (b) the name of the pesticide;
4095          (c) a complete copy of the label [which] that will appear on the pesticide; and
4096          (d) any information prescribed by rule of the department considered necessary for the
4097     safe and effective use of the pesticide.
4098          (3) (a) Forms for the renewal of registration shall be mailed to registrants at least 30
4099     days before their registration expires.
4100          (b) A registration in effect on June 30 for which a renewal application has been filed
4101     and the registration fee tendered shall continue in effect until the applicant is notified either
4102     that the registration is renewed or that [it] the registration is suspended or revoked pursuant to
4103     Section [4-14-8] 4-14-108.
4104          (4) The department may, before approval of any registration, require the applicant to
4105     submit the complete formula of any pesticide, including active and inert ingredients, and may
4106     also, for any pesticide not registered according to 7 U.S.C. Sec. 136a or for any pesticide on
4107     which restrictions are being considered, require a complete description of all tests and test
4108     results that support the claims made by the applicant or the manufacturer of the pesticide.
4109          (5) A registrant who desires to register a pesticide to meet special local needs
4110     according to 7 U.S.C. Sec. 136v(c) shall, in addition to complying with Subsections (1) and
4111     (2), satisfy the department that:
4112          (a) a special local need exists;
4113          (b) the pesticide warrants the claims made for [it] the pesticide;
4114          (c) the pesticide, if used in accordance with commonly accepted practices, will not
4115     cause unreasonable adverse effects on the environment; and
4116          (d) the proposed classification for use conforms with 7 U.S.C. Sec. 136a(d).
4117          (6) [No] A registration is not required for a pesticide distributed in this state pursuant

4118     to an experimental use permit issued by the EPA or under Section [4-14-5] 4-14-105.
4119          (7) [No] A pesticide dealer may not distribute a restricted use pesticide in this state
4120     without a license.
4121          (8) A person shall receive a license before applying:
4122          (a) a restricted use pesticide; or
4123          (b) a general use pesticide for hire or in exchange for compensation.
4124          (9) (a) A license to engage in an activity listed in Subsection (7) or (8) may be obtained
4125     by:
4126          (i) submitting an application on a form provided by the department;
4127          (ii) showing evidence of competence in the pesticide profession, as established by rule,
4128     and complying with the rules adopted by the department under this chapter;
4129          (iii) demonstrating good character;
4130          (iv) having no outstanding infractions and owing no money to the department; and
4131          (v) paying the license fee determined by the department according to Subsection
4132     [4-2-2] 4-2-103(2).
4133          (b) A person may apply for a triennial license that expires on December 31 of the
4134     second calendar year after the calendar year in which the license is issued.
4135          (c) Notwithstanding Section 63J-1-504, the department shall retain the fees as
4136     dedicated credits and may only use the fees to administer and enforce this title.
4137          Section 153. Section 4-14-104, which is renumbered from Section 4-14-4 is
4138     renumbered and amended to read:
4139          [4-14-4].      4-14-104. Labeling requirement for pesticides specified.
4140          (1) Each container of pesticide distributed in this state shall bear a label setting forth:
4141          (a) the name, brand, or trademark under which [it] the pesticide is distributed;
4142          (b) subject to Subsection (2), an accurate statement of the ingredients on [that]:
4143          (i) the part of the immediate container [(and] that is presented or displayed under
4144     customary conditions of purchase; and
4145          (ii) on the outside container and wrapper of the retail package, if there be one, through
4146     which the ingredient statement on the immediate container cannot be clearly read[) which is
4147     presented or displayed under customary conditions of purchase; provided, that the ingredient
4148     statement may appear prominently on another part of the container as permitted pursuant to

4149     Section 2(q)(2)(A) of FIFRA if the size or form of the container makes it impracticable to place
4150     it on the part of the retail package which is presented or displayed under customary conditions
4151     of purchase;];
4152          (c) a warning or caution statement if necessary, which, if complied with together with
4153     any requirements imposed under Section 3(d) of FIFRA, is adequate to protect [the] health and
4154     the environment;
4155          (d) the net weight or measure of the content;
4156          (e) the name and address of the manufacturer, registrant, or person for whom
4157     manufactured;
4158          (f) the EPA registration number assigned to each establishment in which [it] the
4159     pesticide was produced and the EPA registration number assigned to the pesticide, if required
4160     by regulations under FIFRA;
4161          (g) the federal use classification under which the pesticide is registered or designated
4162     for "experimental use only"; and
4163          (h) directions for use of the pesticide sufficient to [effectuate] carry out the purposes
4164     for which the product is intended and which, if complied with together with any requirements
4165     imposed under Section 3(d) of FIFRA, are adequate to protect health and the environment.
4166          (2) An ingredient statement may appear prominently on another part of a container, as
4167     permitted under Section 2(q)(2)(A) of FIFRA, if the size or form of the container makes it
4168     impractical to place the ingredient statement on the part of the retail package that is presented
4169     or displayed under customary conditions of purchase.
4170          [(2)] (3) If the pesticide is highly toxic the label shall, in addition to the other label
4171     requirements, display:
4172          (a) the skull and crossbones;
4173          (b) the word "POISON" in red prominently displayed on a background of distinctly
4174     contrasting color; and
4175          (c) a statement of a practical treatment [(],first aid or otherwise[)], in case of poisoning
4176     by the pesticide.
4177          Section 154. Section 4-14-105, which is renumbered from Section 4-14-5 is
4178     renumbered and amended to read:
4179          [4-14-5].      4-14-105. Issuance of experimental use permits -- Application --

4180     Terms and conditions for issuance.
4181          (1) The department upon application may:
4182          (a) issue an experimental use permit to any person if [it] the department determines
4183     that the applicant needs such a permit in order to accumulate information necessary to register
4184     a pesticide under Section [4-14-3] 4-14-103; or
4185          (b) refuse to issue an experimental permit if [it] the department determines that
4186     issuance is not warranted or that the pesticide use to be made under the proposed terms and
4187     conditions may cause unreasonable adverse effects on the environment.
4188          (2) The department may also with respect to issuance of an experimental use permit:
4189          (a) prescribe the terms and conditions for the conduct of the experimental use [which]
4190     that in all events shall be under the supervision of the department; and
4191          (b) revoke or modify any experimental use permit if [it] the department determines that
4192     the terms or conditions of the experimental use are being violated, or that the terms and
4193     conditions prescribed are inadequate to avoid unreasonable adverse effects to the environment.
4194          (3) Application for an experimental use permit may be made before, after, or
4195     simultaneously with an application for registration.
4196          Section 155. Section 4-14-106, which is renumbered from Section 4-14-6 is
4197     renumbered and amended to read:
4198          [4-14-6].      4-14-106. Department authorized to make and enforce rules.
4199          The department may, by following the procedures and requirements of Title 63G,
4200     Chapter 3, Utah Administrative Rulemaking Act, adopt rules to:
4201          (1) declare as a pest any form of plant or animal life that is injurious to health or the
4202     environment, except:
4203          (a) a human being; or
4204          (b) a bacteria, virus, or other microorganism on or in a living person or animal;
4205          (2) establish, in accordance with the regulations [promulgated] issued by the EPA
4206     under 7 U.S.C. Sec. 136w(c)(2), whether pesticides registered for special local needs under the
4207     authority of 7 U.S.C. Sec. 136v(c) are highly toxic to man;
4208          (3) establish, consistent with EPA regulations, that certain pesticides or quantities of
4209     substances contained in these pesticides are injurious to the environment;
4210          (4) adopt a list of "restricted use pesticides" for the state or designated areas within the

4211     state if [it] the department determines upon substantial evidence presented at a public hearing
4212     and upon recommendation of the pesticide committee that restricted use is necessary to prevent
4213     damage to property or to the environment;
4214          (5) establish qualifications for a pesticide applicator business; and
4215          (6) adopt any rule, not inconsistent with federal regulations [promulgated] issued under
4216     FIFRA, considered necessary to administer and enforce this chapter, including rules relating
4217     to the sale, distribution, use, and disposition of pesticides if necessary to prevent damage and to
4218     protect the public health.
4219          Section 156. Section 4-14-107, which is renumbered from Section 4-14-7 is
4220     renumbered and amended to read:
4221          [4-14-7].      4-14-107. Enforcement -- Inspection and sampling authorized --
4222     Notice of deficiency to be given registrant -- Objects of inspection delineated -- Warrants.
4223          (1) The department, to determine compliance with this chapter, shall periodically:
4224          (a) sample, inspect, and analyze pesticides distributed within this state;
4225          (b) observe and investigate the use and application of pesticides within this state; and
4226          (c) inspect equipment used to apply pesticides in this state to determine if [they
4227     comply] the equipment complies with this chapter.
4228          (2) (a) If a pesticide sample, upon analysis, fails to comply with this chapter, the
4229     department shall give written notice to that effect to the registrant or owner of the pesticide.
4230          (b) Nothing in this chapter, however, shall be construed as requiring the department to
4231     refer minor violations for criminal prosecution or for the institution of condemnation
4232     proceedings if [it] the department believes the public interest will best be served through
4233     informal action.
4234          (3) The department, for the purpose of enforcing this section, is authorized at
4235     reasonable times[,] to enter any private or public premises for the purpose of:
4236          (a) inspecting any equipment used in applying pesticides;
4237          (b) inspecting or sampling lands actually or reported to be exposed to pesticides;
4238          (c) inspecting storage or disposal areas;
4239          (d) investigating complaints of injury to animals or lands;
4240          (e) sampling pesticides wherever located, including in vehicles; or
4241          (f) observing the use and application of a pesticide.

4242          (4) The department may proceed immediately, if admittance is refused, to obtain an ex
4243     parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises
4244     for any purpose specified in Subsection (3) of this section.
4245          Section 157. Section 4-14-108, which is renumbered from Section 4-14-8 is
4246     renumbered and amended to read:
4247          [4-14-8].      4-14-108. Suspension or revocation -- Grounds -- Stop sale, use, or
4248     removal order authorized -- Court action -- Procedure -- Award of costs authorized.
4249          (1) The department may revoke or suspend the registration of any pesticide upon
4250     satisfactory evidence that the registrant has used fraudulent or deceptive practices in the
4251     registration of the pesticide or in [its] the pesticide's distribution in this state.
4252          (2) (a) The department may issue a "stop sale, use, or removal order" to the owner or
4253     distributor of any designated pesticide or lot of pesticide [which it] that the department finds or
4254     has reason to believe is being offered or exposed for sale in violation of this chapter.
4255          (b) The order described in Subsection (2)(a) shall be in writing and no pesticide subject
4256     to [it] the order shall be moved, offered, or exposed for sale, except upon the subsequent
4257     written release by the department.
4258          (c) Before a release is issued, the department may require the owner or distributor of
4259     the "stopped" pesticide or lot to pay the expense incurred by the department in connection with
4260     the withdrawal of the product from the market.
4261          (3) (a) The department is authorized in a court of competent jurisdiction to seek an
4262     order of seizure or condemnation of a pesticide [which] that violates this chapter or, upon
4263     proper grounds, to obtain a temporary restraining order or permanent injunction to prevent the
4264     violation of this chapter.
4265          (b) No bond shall be required of the department in an injunctive proceeding brought
4266     under this section.
4267          (4) [If] (a) Subject to Subsection (4)(b), if condemnation is ordered, the pesticide or
4268     equipment shall be disposed of as the court directs[; provided, that in no event shall it].
4269          (b) The department may not order condemnation without giving the registrant or other
4270     person an opportunity to apply to the court for permission to relabel, reprocess, or otherwise
4271     bring the pesticide into conformance, or for permission to remove [it] the pesticide from the
4272     state.

4273          (5) If the court orders condemnation, court costs, fees, storage, and other costs shall be
4274     awarded against the claimant of the pesticide or equipment.
4275          (6) The department may:
4276          (a) deny an application for a pesticide applicator license;
4277          (b) revoke a pesticide applicator license for cause; or
4278          (c) suspend a pesticide applicator license for cause.
4279          (7) (a) If a pesticide applicator license is revoked or suspended under Subsection (6),
4280     the license shall be returned to the department within 14 days of the day on which the licensee
4281     received notice of the revocation or suspension.
4282          (b) A licensee who fails to return a license, as described in Subsection (7)(a), may be
4283     subjected to an administrative fine of up to $100 for each 14 days the license is not returned.
4284          Section 158. Section 4-14-109, which is renumbered from Section 4-14-9 is
4285     renumbered and amended to read:
4286          [4-14-9].      4-14-109. Examination requirements for license to act as applicator
4287     may be waived through reciprocal agreement.
4288          The department may waive any or all examination requirements specified in rule for a
4289     noncommercial, commercial, or private pesticide applicator through a reciprocal agreement
4290     with another state whose examination requirements and standards for licensure are
4291     substantially similar to those of Utah.
4292          Section 159. Section 4-14-110, which is renumbered from Section 4-14-12 is
4293     renumbered and amended to read:
4294          [4-14-12].      4-14-110. Defenses.
4295          (1) As an affirmative defense to any action brought as a result of the alleged misuse or
4296     misapplication of a pesticide, a person may present evidence that as of the time of the alleged
4297     violation, the person was in compliance with label directions, this chapter, and any rules issued
4298     in accordance with this chapter.
4299          (2) A person is not liable for injuries resulting from the misuse or misapplication of a
4300     pesticide unless the person was negligent.
4301          Section 160. Section 4-14-111, which is renumbered from Section 4-14-13 is
4302     renumbered and amended to read:
4303          [4-14-13].      4-14-111. Registration required for a pesticide business.

4304          (1) A pesticide applicator business shall register with the department by:
4305          (a) submitting an application on a form provided by the department;
4306          (b) paying the registration fee; and
4307          (c) certifying that the business is in compliance with this chapter and departmental
4308     rules authorized by this chapter.
4309          (2) (a) By following the procedures and requirements of Section 63J-1-504, the
4310     department shall establish a registration fee based on the number of pesticide applicators
4311     employed by the pesticide applicator business.
4312          (b) (i) Notwithstanding Section 63J-1-504, the department shall deposit the fees as
4313     dedicated credits and may only use the fees to administer and enforce this chapter.
4314          (ii) The Legislature may annually designate the revenue generated from the fee as
4315     nonlapsing in an appropriations act.
4316          (3) The department shall issue a business registration certificate to a pesticide
4317     applicator business if the individual or entity:
4318          (a) has complied with the requirements of this section;
4319          (b) has shown evidence of competence in the pesticide profession and meets the
4320     certification requirements established by rule;
4321          (c) demonstrates good character;
4322          (d) has no outstanding infractions and owes no money to the department; and
4323          (e) pays the licensing fee established by the department.
4324          (4) A registration certificate expires on December 31 of the second calendar year after
4325     the calendar year in which the registration certificate is issued.
4326          (5) (a) The department may suspend a registration certificate if the pesticide applicator
4327     business violates this chapter or any rules authorized by it.
4328          (b) A pesticide applicator business whose registration certificate has been suspended
4329     may apply to the department for reinstatement of the registration certificate by demonstrating
4330     compliance with this chapter and rules authorized by [it] this chapter.
4331          (6) A pesticide applicator business shall:
4332          (a) only employ a pesticide applicator who has received a license from the department,
4333     as required by Section [4-14-3] 4-14-103; and
4334          (b) ensure that all employees comply with this chapter and the rules authorized by [it]

4335     this chapter.
4336          Section 161. Section 4-15-101, which is renumbered from Section 4-15-1 is
4337     renumbered and amended to read:
4338     
CHAPTER 15. THE UTAH NURSERY ACT

4339          [4-15-1].      4-15-101. Title.
4340          This chapter [shall be known and may be cited] is known as "The Utah Nursery Act."
4341          Section 162. Section 4-15-102, which is renumbered from Section 4-15-1.5 is
4342     renumbered and amended to read:
4343          [4-15-1.5].      4-15-102. Background and purpose.
4344          The Legislature finds that:
4345          (1) nursery stock can harbor and vector plant pests and diseases;
4346          (2) unregulated production and shipping of nursery stock presents an unacceptable risk
4347     to the state's agricultural, forestry, and horticultural interests, and to the state's general
4348     environmental quality; and
4349          (3) it is necessary to ensure that nurseries produce healthy plants and that nursery stock
4350     shipped to other nurseries, brokers, and out-of-state customers meets national nursery stock
4351     cleanliness standards.
4352          Section 163. Section 4-15-103, which is renumbered from Section 4-15-2 is
4353     renumbered and amended to read:
4354          [4-15-2].      4-15-103. Definitions.
4355          As used in this part:
4356          (1) "Balled and burlapped stock" means nursery stock [which] that is removed from the
4357     growing site with a ball of soil containing its root system intact and encased in burlap or other
4358     material to hold the soil in place.
4359          (2) "Bare-root stock" means nursery stock [which] that is removed from the growing
4360     site with the root system free of soil.
4361          (3) "Compliance agreement" means any written agreement between a person and a
4362     regulatory agency to achieve compliance with any set of requirements being enforced by the
4363     department.
4364          (4) "Container stock" means nursery stock [which] that is transplanted in soil or in a
4365     potting mixture contained within a metal, clay, plastic, or other rigid container for a period

4366     sufficient to allow newly developed fibrous roots to form, so that if the plant is removed from
4367     the container [its] the plant's root-media ball will remain intact.
4368          (5) "Etiolated growth" means bleached and unnatural growth resulting from the
4369     exclusion of sunlight.
4370          (6) "Minimum indices of vitality" mean standards adopted by the department to
4371     determine the health and vigor of nursery stock offered for sale in this state.
4372          (7) "National nursery stock cleanliness standards" means nursery stock that:
4373          (a) is free from quarantine pests and pests of concern;
4374          (b) has all nonquarantine plant pests under effective control;
4375          (c) meets the national nursery stock cleanliness standards; and
4376          (d) is eligible for nursery stock certification and shipping permits.
4377          (8) "Nonestablished container stock" means deciduous nursery stock [which] that is
4378     transplanted in soil or in a potting mixture contained within a metal, clay, plastic, or other rigid
4379     container for a period insufficient to allow the formation of fibrous roots sufficient to form a
4380     root-media ball.
4381          (9) "Nursery" means any place where nursery stock is propagated and grown for sale or
4382     distribution.
4383          (10) "Nursery agent" means a person who solicits or takes order for the sale of nursery
4384     stock, other than on the premises of a nursery or nursery outlet.
4385          [(10)] (11) "Nursery outlet" means any place or location where nursery stock is offered
4386     for wholesale or retail sale.
4387          [(11)] (12) (a) "Nursery stock" means:
4388          (i) all plants, whether field grown, container grown, or collected native plants;
4389          (ii) trees, shrubs, vines, grass sod;
4390          (iii) seedlings, perennials, biennials; and
4391          (iv) buds, cuttings, grafts, or scions grown or collected or kept for propagation, sale, or
4392     distribution[; except that it does not include].
4393          (b) "Nursery stock" does not mean:
4394          (i) dormant bulbs, tubers, roots, corms, rhizomes, or pips;
4395          (ii) field, vegetable, or flower seeds; or
4396          (iii) bedding plants, annual plants, florists' greenhouse or field-grown plants, or flowers

4397     or cuttings.
4398          [(12)] (13) "Packaged stock" means bare-root stock that is packed either in bundles or
4399     in single plants with the roots in some type of moisture-retaining material designed to retard
4400     evaporation and hold the moisture-retaining material in place.
4401          [(13)] (14) "Pests of concern" means a nonquarantine pest that:
4402          (a) is not known to occur in the state, or [which] that has a limited distribution within
4403     the state[,]; and
4404          (b) has the potential to negatively impact nursery stock health or pose an unacceptable
4405     economic or environmental risk.
4406          [(14)] (15) "Place of business" means each separate nursery, or nursery outlet, where
4407     nursery stock is offered for sale, sold, or distributed.
4408          [(15)] (16) "Plant pests" means:
4409          (a) the egg, pupal, and larval stage, as well as any other living stage of any insect, mite,
4410     nematode, slug, snail, protozoa, or other invertebrate animal;
4411          (b) bacteria;
4412          (c) fungi;
4413          (d) parasitic plant or a reproductive part of a parasitic plant;
4414          (e) [a] virus or viroid;
4415          (f) phytoplasma; or
4416          (g) any infectious substance that can injure or cause disease or damage in any plant.
4417          [(16)] (17) "Quarantine pest" means a pest that poses potential negative economic or
4418     environmental impact to an area in which the pest currently:
4419          (a) does not exist; or
4420          (b) exists, but its presence is not widely distributed or is being officially controlled.
4421          [(17)] (18) "Shipping permit or certificate of inspection" means a sticker, stamp,
4422     imprint, or other document that accompanies nursery stock shipped intrastate and documents
4423     that the originating nursery:
4424          (a) is licensed; and
4425          (b) (i) has stock that has passed [its] annual inspection; or
4426          (ii) produces stock that meets the National Nursery Stock Compliance Standard.
4427          Section 164. Section 4-15-104, which is renumbered from Section 4-15-3 is

4428     renumbered and amended to read:
4429          [4-15-3].      4-15-104. Department authorized to make and enforce rules.
4430          The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
4431     Rulemaking Act, to make and enforce [such] rules [as in its judgment are] necessary to
4432     administer and enforce this chapter.
4433          Section 165. Section 4-15-105, which is renumbered from Section 4-15-4 is
4434     renumbered and amended to read:
4435          [4-15-4].      4-15-105. Unlawful to offer nursery stock for sale or to solicit
4436     orders for nursery stock without license.
4437          It is unlawful for any person in this state to offer nursery stock for sale at a nursery or
4438     nursery outlet, or to solicit or receive orders for nursery stock for a person who regularly
4439     engages in the business of operating a nursery or nursery outlet, without a license issued by the
4440     department.
4441          Section 166. Section 4-15-106, which is renumbered from Section 4-15-5 is
4442     renumbered and amended to read:
4443          [4-15-5].      4-15-106. License -- Application -- Fees -- Expiration -- Renewal.
4444          (1) (a) Application for a license to operate a nursery or nursery outlet or to solicit or
4445     receive orders of nursery stock for a person regularly engaged in the business of operating a
4446     nursery or nursery outlet shall be made to the department on forms prescribed and furnished by
4447     [it] the department.
4448          (b) Upon receipt of a proper application and compliance with applicable rules, and
4449     payment of a license fee determined by the department according to Subsection [4-2-2]
4450     4-2-103(2) for each place of business where the applicant intends to offer nursery stock for
4451     wholesale or retail sale, or the payment of a fee determined by the department pursuant to
4452     Subsection [4-2-2] 4-2-103(2) in the case of an agent, the commissioner, if satisfied the
4453     convenience and necessity of the industry and the public will be served, shall issue a license to
4454     engage in the otherwise proscribed activity through December 31 of the year in which the
4455     license is issued, subject to suspension or revocation for cause.
4456          (2) A license to operate a nursery or nursery outlet or an agent's license is renewable on
4457     or before December 31 of each year for a period of one year upon the payment of an annual
4458     license renewal fee determined by the department according to Subsection [4-2-2] 4-2-103(2).

4459          Section 167. Section 4-15-107, which is renumbered from Section 4-15-6 is
4460     renumbered and amended to read:
4461          [4-15-6].      4-15-107. Nursery stock for wholesale or retail sale -- Graded and
4462     sized -- Labels and tags -- Information to appear on label or tag.
4463          (1) Each type of nursery stock delivered to a nursery or nursery outlet for subsequent
4464     wholesale or retail sale shall:
4465          (a) be sized and graded in accordance with the applicable rules of the department; and
4466          (b) bear a tag or label with the name, grade, size, and variety of the stock.
4467          (2) Each bundle, single lot, or single nursery stock sold at retail shall bear a secure tag
4468     or label with the common or botanical name, grade, size, and variety of the stock legibly
4469     printed or written on [it] the bundle, single lot, or single nursery stock.
4470          Section 168. Section 4-15-108, which is renumbered from Section 4-15-7 is
4471     renumbered and amended to read:
4472          [4-15-7].      4-15-108. Inspection -- Issuance of certificate -- Destruction of
4473     infested or diseased stock.
4474          (1) (a) Each nursery may be inspected by the department at least once each year.
4475          (b) If, upon the inspection described in Subsection (1)(a), it appears that the nursery
4476     and [its] the nursery's stock are free of insect pests and plant disease, the department shall issue
4477     [a] an inspection certificate [to that effect] to the nursery.
4478          (2) (a) Each nursery outlet may be inspected by the department at least once each year
4479     during the period nursery stock is offered for retail sale. [An inspection certificate may be
4480     issued by the department]
4481          (b) The department may issue an inspection certificate to a nursery outlet to permit the
4482     interstate shipment of nursery stock if the stock contemplated for shipment appears free of
4483     insect pests and plant disease.
4484          (3) Nursery stock found to be infested with insect pests or infected with plant disease
4485     shall be destroyed or otherwise treated as determined by the department.
4486          Section 169. Section 4-15-109, which is renumbered from Section 4-15-8 is
4487     renumbered and amended to read:
4488          [4-15-8].      4-15-109. Transport of out-of-state nursery stock to Utah --
4489     Certificate of inspection to be filed with department by out-of-state nurseries -- Option in

4490     department to accept exchange list in lieu of certificate of inspection -- Imported stock to
4491     be tagged -- Treatment of stock not tagged.
4492          [(1) Out-of-state]
4493          (1) (a) Subject to Subsection (1)(b), out-of-state nurseries and nursery outlets
4494     transporting nursery stock to a nursery or nursery outlet in this state shall annually deliver to
4495     the department a certified duplicate copy of the "state of origin" certificate of inspection for
4496     each such out-of-state nursery or nursery outlet[; provided, that the].
4497          (b) The department may accept and exchange a list of certified or licensed out-of-state
4498     nurseries or nursery outlets in lieu of a certificate of inspection for each such individual nursery
4499     or nursery outlet.
4500          (2) Nursery stock originating outside and imported into this state for customer delivery
4501     or for resale shall bear a tag:
4502          (a) stating that the nursery stock has been inspected and certified free from plant pests
4503     and disease[. The tag shall also bear]; and
4504          (b) bearing the name and address of the shipper or consignor.
4505          (3) A shipment of nursery stock destined for delivery in this state [which] that is not
4506     accompanied with [such a tag] the tag described in Subsection (2) may be:
4507          (a) returned to the owner or consignor at [such person's expense, or may be] the owner
4508     or consignor's expense; or
4509          (b) destroyed, or otherwise disposed of, by the department without compensation to the
4510     owner or consignor.
4511          Section 170. Section 4-15-110, which is renumbered from Section 4-15-9 is
4512     renumbered and amended to read:
4513          [4-15-9].      4-15-110. Nursery stock offered or advertised for sale -- Unlawful to
4514     misrepresent name, origin, grade, variety, quality, or vitality -- Information required in
4515     advertisements.
4516          [No] (1) A person shall not misrepresent the name, origin, grade, variety, quality, or
4517     indice of vitality of any nursery stock advertised or offered for sale at a nursery or nursery
4518     outlet.
4519          (2) All advertisements of nursery stock shall clearly state the name, size, and grade of
4520     the stock where applicable.

4521          Section 171. Section 4-15-111, which is renumbered from Section 4-15-10 is
4522     renumbered and amended to read:
4523          [4-15-10].      4-15-111. Infested or diseased stock not to be offered for sale --
4524     Identification of "nonestablished container stock" -- Requirements for container stock --
4525     Inspected and certified stock only to be offered for sale -- Prohibition against coating
4526     aerial plant surfaces.
4527          (1) Nursery stock [which] that is infested with plant pests, including noxious weeds, or
4528     infected with disease or [which] that does not meet minimum indices of vitality may not be
4529     offered for sale.
4530          (2) All nonestablished container stock offered for sale shall be identified by the words
4531     "nonestablished container stock" legibly printed on a water resistant tag [which] that states the
4532     length of time [it] the stock has been planted or the date [it] the stock was planted and may not
4533     be offered for sale in any manner [which] that leads a purchaser to believe [it] the stock is
4534     container stock.
4535          (3) All container stock offered for sale shall be established with a root-media mass that
4536     will retain its shape and hold together when removed from the container.
4537          (4) No nursery stock other than officially inspected and certified stock shall be offered
4538     for wholesale or retail sale in this state.
4539          (5) Colored waxes or other materials [which] that coat the aerial parts of a plant and
4540     change the appearance of the plant surface are prohibited.
4541          Section 172. Section 4-15-112, which is renumbered from Section 4-15-11 is
4542     renumbered and amended to read:
4543          [4-15-11].      4-15-112. Enforcement -- Inspection -- Stop sale order -- Procedure
4544     -- Warrants.
4545          (1) (a) The department may issue a "stop sale" order to any nursery or nursery outlet
4546     upon discovery or notification of a quarantine pest or pest of concern, or if the department has
4547     reason to believe the nursery is offering, advertising, or selling nursery stock in violation of
4548     Section [4-15-10] 4-15-111.
4549          (b) The "stop sale" order described in Subsection (1)(a) shall be in writing and no
4550     nursery stock subject to [it] the order shall be advertised or sold, except upon subsequent
4551     written release by the department.

4552          (2) (a) The department is authorized for the purpose of ascertaining compliance with
4553     this chapter to enter and inspect any nursery or nursery outlet where nursery stock is kept
4554     during [their] the nursery or nursery outlet's business hours.
4555          (b) If access for the purpose of inspection is denied, the department may proceed
4556     immediately to the nearest court of competent jurisdiction and obtain an ex parte warrant or its
4557     equivalent to permit inspection of the nursery or nursery outlet.
4558          Section 173. Section 4-15-113, which is renumbered from Section 4-15-12 is
4559     renumbered and amended to read:
4560          [4-15-12].      4-15-113. Suspension or revocation -- Grounds -- Notice and
4561     hearing.
4562          [The] (1) Subject to Subsection (2), the department may suspend or revoke the license
4563     of any nursery, nursery outlet, or agent that violates Section [4-15-9 or 4-15-10; provided, that
4564     no] 4-15-110 or 4-15-111.
4565          (2) A suspension or revocation shall not be effective until after the nursery, nursery
4566     outlet, or agent is afforded notice and a hearing.
4567          Section 174. Section 4-15-114, which is renumbered from Section 4-15-14 is
4568     renumbered and amended to read:
4569          [4-15-14].      4-15-114. Compliance agreements.
4570          The department may make compliance agreements with the responsible officials of
4571     other states and nursery establishments to achieve compliance with any set of requirements
4572     being enforced by the department.
4573          Section 175. Section 4-16-101, which is renumbered from Section 4-16-1 is
4574     renumbered and amended to read:
4575     
Part 1. Organization

4576          [4-16-1].      4-16-101. Short title.
4577          This chapter [shall be] is known [and may be cited] as the "Utah Seed Act."
4578          Section 176. Section 4-16-102, which is renumbered from Section 4-16-2 is
4579     renumbered and amended to read:
4580          [4-16-2].      4-16-102. Definitions.
4581          As used in this chapter:
4582          (1) "Advertisement" means any representation made relative to seeds, plants, bulbs, or

4583     ground stock other than those on the label of a seed container, disseminated in any manner.
4584          (2) "Agricultural seeds" mean seeds of grass, forage plants, cereal crops, fiber crops,
4585     sugar beets, seed potatoes, or any other kinds of seed or mixtures of seed commonly known
4586     within this state as agricultural or field seeds.
4587          (3) "Flower seeds" mean seeds of herbaceous plants grown for their blooms,
4588     ornamental foliage, or other ornamental plants commonly known and sold under the name of
4589     flower seeds in this state.
4590          (4) "Foundation seed," "registered seed," or "certified seed" means seed that is
4591     produced and labeled in accordance with procedures officially recognized by a seed certifying
4592     agency approved and accredited in this state.
4593          (5) (a) "Hybrid" means the first generation seed of a cross produced by controlling
4594     pollination and by combining:
4595          (i) two or more inbred lines;
4596          (ii) one inbred or a single cross with an open-pollinated variety; or
4597          (iii) two varieties or species, except open-pollinated varieties of corn, Zea mays.
4598          (b) The second generation and subsequent generations from the crosses referred to in
4599     Subsection (5)(a) are not to be regarded as hybrids.
4600          (c) Hybrid designations shall be treated as variety names.
4601          (6) "Kind" means one or more related species or subspecies of seed which singly or
4602     collectively is known by one name, for example, corn, oats, alfalfa, and timothy.
4603          (7) (a) "Label" means any written, printed, or graphic representation accompanying and
4604     pertaining to any seeds, plants, bulbs, or ground stock whether in bulk or in containers.
4605          (b) "Label" includes representations on invoices, bills, and letterheads.
4606          (8) "Lot" means a definite quantity of seed identified by a number or other mark, every
4607     part or bag of which is uniform within recognized tolerances.
4608          (9) "Noxious-weed seeds" mean weed seeds declared noxious by the commissioner.
4609          (10) "Pure seed," "germination," or other terms in common use for testing seeds for
4610     purposes of labeling shall have ascribed to them the meaning set forth for such terms in the
4611     most recent edition of "Rules for Seed Testing" published by the Association of Official Seed
4612     Analysts.
4613          (11) "Seeds for sprouting" means seeds sold for sprouting for salad or culinary

4614     purposes.
4615          (12) "Sowing" means the placement of agricultural seeds, vegetable seeds, flower
4616     seeds, tree and shrub seeds, or seeds for sprouting in a selected environment for the purpose of
4617     obtaining plant growth.
4618          (13) "Treated" means seed that has received an application of a substance to reduce,
4619     control, or repel certain disease organisms, fungi, insects or other pests which may attack the
4620     seed or its seedlings, or has received some other treatment to improve its planting value.
4621          (14) "Tree and shrub seeds" mean seeds of woody plants commonly known and sold
4622     under the name of tree and shrub seeds in this state.
4623          (15) "Variety" means a subdivision of a kind characterized by growth, yield, plant,
4624     fruit, seed, or other characteristic, which differentiate it from other plants of the same kind.
4625          (16) "Vegetable seeds" mean seeds of crops grown in gardens or on truck farms that
4626     are generally known and sold under the name of vegetable seeds, plants, bulbs, and ground
4627     stocks in this state.
4628          (17) "Weed seeds" mean seeds of any plant generally recognized as a weed within this
4629     state.
4630          Section 177. Section 4-16-103, which is renumbered from Section 4-16-3 is
4631     renumbered and amended to read:
4632          [4-16-3].      4-16-103. Department authorized to make and enforce rules --
4633     Cooperation with state and federal agencies authorized.
4634          (1) The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
4635     Rulemaking Act, to make and enforce [such] rules [as in its judgment are deemed necessary to
4636     administer and enforce this chapter; and, in conjunction with its administration and
4637     enforcement, it is authorized to].
4638          (2) The department may cooperate with other state agencies, other states, and with the
4639     United States Department of Agriculture or other departments or agencies of the federal
4640     government.
4641          Section 178. Section 4-16-201, which is renumbered from Section 4-16-4 is
4642     renumbered and amended to read:
4643     
Part 2. Regulations

4644          [4-16-4].      4-16-201. Labeling requirements specified for containers of

4645     agricultural seed, mixtures of lawn and turf seed, vegetable seed, flower seed, tree and
4646     shrub seed, and seeds for sprouting.
4647          (1) Each container of agricultural seed offered or exposed for sale or transported for
4648     sowing into this state shall be labeled with the following information:
4649          (a) the common name of the kind or kind and variety of each seed component in excess
4650     of 5% by weight of the whole and the percent by weight of each component in the order of its
4651     predominance, provided that:
4652          (i) if any component is required by rule of the department to be labeled as a variety, the
4653     label, in addition to stating the common name of the seed, shall specify the name of the variety
4654     or, if allowed by rule of the department, state "Variety Not Stated";
4655          (ii) if any component is a hybrid seed, that fact shall be stated on the label; and
4656          (iii) if more than one component is required to be named, the word "mixture" shall
4657     appear;
4658          (b) the name and address of the person who labeled the seed, or who offers or exposes
4659     it for sale in this state;
4660          (c) the lot number or other lot identification;
4661          (d) the percentage by weight of all weed seeds;
4662          (e) the percentage by weight of agricultural or crop seeds other than those named on
4663     the label;
4664          (f) the percentage by weight of inert matter;
4665          (g) the name and rate of occurrence per pound of each kind of restricted noxious-weed
4666     seed for which tolerance is permitted;
4667          (h) the origin, if known, of alfalfa, red clover, or field corn and, if the origin is
4668     unknown, that fact shall be stated; and
4669          (i) the month and year seed tests were conducted specifying:
4670          (i) percent of germination, exclusive of hard seed;
4671          (ii) percent of hard seed; and
4672          (iii) total percent of germination and hard seed.
4673          (2) Each container of seed mixtures for lawn or turf seed offered or exposed for sale or
4674     transported for sowing into this state shall be labeled with the following information:
4675          (a) the common name of the kind or kind and variety of each agricultural seed

4676     component in excess of 5% by weight of the whole, and the percentage by weight of pure seed
4677     in order of its predominance in columnar form;
4678          (b) the name and address of the person who labeled the seed, or who offers or exposes
4679     it for sale in this state;
4680          (c) the lot number or other lot identification;
4681          (d) the percentage by weight of all weed seeds;
4682          (e) the percentage by weight of agricultural seeds or crop seeds other than those
4683     required to be named on the label;
4684          (f) the percentage by weight of inert matter;
4685          (g) the name and rate of occurrence per pound of each kind of restricted noxious-weed
4686     seed for which tolerance is permitted;
4687          (h) the month and year seed tests were conducted specifying:
4688          (i) percent of germination, exclusive of hard seed; and
4689          (ii) percent of hard seed;
4690          (i) the word "mixed" or "mixture"; and
4691          (j) its net weight.
4692          (3) Each container of vegetable seeds weighing one pound or less offered or exposed
4693     for sale or prepared for home gardens or household plantings or preplanted in containers, mats,
4694     tapes, or other devices shall be labeled with the following information:
4695          (a) the common name of the kind and variety of seed;
4696          (b) the name and address of the person who labeled the seed, or who offers or exposes
4697     it for sale in this state;
4698          (c) the calendar month and year the seed was tested or the year for which the seed was
4699     packaged;
4700          (d) if germination of the seed is less than the germination standard last established for
4701     the seed by the department, the label shall specify:
4702          (i) percentage of germination, exclusive of hard seed;
4703          (ii) percentage of hard seed, if present;
4704          (iii) the calendar month and year the germination test was completed to determine the
4705     percentages; and
4706          (iv) the words "Below Standard" in not less than eight-point type; and

4707          (e) if the seeds are placed in a germination medium, mat, tape, or other device which
4708     makes it difficult to determine the quantity of the seed without removing the seeds, a statement
4709     to indicate the minimum number of seeds in the container.
4710          (4) Each container of vegetable seeds weighing more than one pound offered or
4711     exposed for sale or transported for sowing into this state shall be labeled with the following
4712     information:
4713          (a) the common name of each kind and variety of seed component present in excess of
4714     5% by weight of the whole and the percentage by weight of each in order of its predominance;
4715          (b) the name and address of the person who labeled the seed, or who offers or exposes
4716     it for sale in this state;
4717          (c) the lot number or other lot identification;
4718          (d) the month and year seed tests were conducted specifying:
4719          (i) the percentage of germination, exclusive of hard seed; and
4720          (ii) the percentage of hard seed, if present; and
4721          (e) the name and rate of occurrence per pound of each kind of restricted noxious-weed
4722     seed for which tolerance is permitted.
4723          (5) Each container of flower seeds prepared in packets for use in home flower gardens
4724     or household plantings or flower seeds in preplanted containers, mats, tapes, or other planting
4725     devices and offered or exposed for sale in this state shall be labeled with the following
4726     information:
4727          (a) the common name of the kind and variety of the seeds or a statement of the type
4728     and performance characteristics of the seed;
4729          (b) the name and address of the person who labeled the seed, or who offers or exposes
4730     it for sale in this state;
4731          (c) the calendar month and year the seed was tested or the year for which the seed was
4732     packaged;
4733          (d) if germination of the seed is less than the germination standard last established by
4734     the department, the label shall specify:
4735          (i) percentage of germination, exclusive of hard seed;
4736          (ii) percentage of hard seed, if present; and
4737          (iii) the words "Below Standard" in not less than eight-point type; and

4738          (e) if the seeds are placed in a germination medium, mat, tape, or other device which
4739     makes it difficult to determine the quantity of seed without removing the seeds, a statement to
4740     indicate the minimum number of seeds in the container.
4741          (6) Each container of flower seeds in other than packets prepared for use in home
4742     flower gardens or household plantings and other than in preplanted containers, mats, tapes, and
4743     other devices offered or exposed for sale in this state shall be labeled with the following
4744     information:
4745          (a) the common name of the kind and variety of the seed or a statement of the type and
4746     performance characteristics of the seed;
4747          (b) the name and address of the person who labeled the seed, or who offers or exposes
4748     it for sale in this state;
4749          (c) the lot number or other lot identification;
4750          (d) the month and year the seed was tested, or the year for which it was packaged; and
4751          (e) for those kinds of seeds for which standard testing procedures are prescribed:
4752          (i) the percentage of germination, exclusive of hard seed; and
4753          (ii) the percentage of hard seed, if present.
4754          (7) Each container of tree and shrub seeds offered or exposed for sale or transported for
4755     sowing into this state shall be labeled with the following information:
4756          (a) the common name of the species of seed and subspecies, if appropriate;
4757          (b) the scientific name of the genus and species and subspecies, if appropriate;
4758          (c) the name and address of the person who labeled the seed or who offers or exposes it
4759     for sale in this state;
4760          (d) the lot number or other lot identification;
4761          (e) information as to origin as follows:
4762          (i) for seed collected from a predominantly indigenous stand, the area of collection
4763     given by latitude and longitude, or geographic description, or political subdivision such as state
4764     or county; and
4765          (ii) for seed collected from other than a predominantly indigenous stand, identity of the
4766     area of collection and the origin of the stand or state "origin not indigenous";
4767          (f) the elevation or the upper and lower limits of elevation within which said seed was
4768     collected;

4769          (g) purity as a percentage of pure seed by weight;
4770          (h) for those species for which standard germination testing procedures are prescribed
4771     by the commissioner, the following:
4772          (i) percentage of germination, exclusive of hard seed;
4773          (ii) percentage of hard seed, if present; and
4774          (iii) the calendar month and year the test was completed to determine such percentages;
4775     and
4776          (i) for those species for which standard germination testing procedures have not been
4777     prescribed by the commissioner, the calendar year in which the seed was collected.
4778          (8) Each container of seeds for sprouting offered or exposed for sale or transported for
4779     sowing into this state shall be labeled with the following information:
4780          (a) the name and address of the person who labeled the seed, or who offers or exposes
4781     it for sale in this state;
4782          (b) the commonly accepted name of the kind or kinds in order of predominance;
4783          (c) lot number;
4784          (d) percentage by weight of each pure seed component in excess of 5% of the whole,
4785     other crop seeds, inert matter, and weed seeds, if any;
4786          (e) percentage of germination of each pure seed component; and
4787          (f) the calendar month and year the seed was tested or the year for which the seed was
4788     packaged.
4789          (9) Any written or printed matter of any label shall appear in English.
4790          Section 179. Section 4-16-202, which is renumbered from Section 4-16-5 is
4791     renumbered and amended to read:
4792          [4-16-5].      4-16-202. Distribution of seeds -- Germination tests required -- Date
4793     to appear on label -- Seed to be free of noxious weed seed -- Special requirements for
4794     treated seeds -- Prohibitions.
4795          (1) No person in this state shall offer or expose any agricultural, vegetable, flower, or
4796     tree and shrub seed or seeds for sprouting for sale or sowing unless:
4797          (a) (i) for agricultural seeds, including mixtures of agricultural seeds:
4798          (A) a test to determine the percentage of germination has been performed within 18
4799     months, exclusive of the month the seed is tested and the date the seed is offered for sale; and

4800          (B) the date of the test appears on the label;
4801          (ii) for vegetable, flower, or tree and shrub seed or seeds for sprouting:
4802          (A) a test to determine the percentage of germination has been performed within nine
4803     months, exclusive of the month the seed is tested and the date the seed is offered for sale; and
4804          (B) the date of the test appears on the label;
4805          (iii) for hermetically sealed agricultural, vegetable, flower, or tree and shrub seed:
4806          (A) a test to determine the percentage of germination has been performed within 36
4807     months, exclusive of the month the seed is tested and the date the seed is offered for sale;
4808     provided, that hermetically sealed seeds may be offered or exposed for sale after 36 months if
4809     they have been retested for germination within nine months, exclusive of the month the seed is
4810     retested and the date the seeds are offered or exposed for sale; and
4811          (B) the date of the test appears on the label;
4812          (b) its package or other container is truthfully labeled and in accordance with Section
4813     [4-16-4] 4-16-201; and
4814          (c) it is free of noxious weed seed, subject to any tolerance as may be prescribed by the
4815     department through rule.
4816          (2) The label on any package or other container of an agricultural, vegetable, flower, or
4817     tree and shrub seed which has been treated and for which a claim is made on account of the
4818     treatment, in addition to the labeling requirements specified in Section [4-16-4] 4-16-201,
4819     shall:
4820          (a) state that the seeds have been treated;
4821          (b) state the commonly accepted name, generic chemical name, or abbreviated
4822     chemical name of the substance used for treatment;
4823          (c) if the seed is treated with an inoculant, state the date beyond which the inoculant is
4824     not considered effective; and
4825          (d) include a caution statement consistent with rules of the department if the treatment
4826     substance remains with the seed in an amount which is harmful to vertebrate animals;
4827     provided, that the caution statement for mercurials and similarly toxic substances, as defined by
4828     rule of the department, shall state the seed has been treated with poison with "POISON" printed
4829     in red letters on a background of distinctly contrasting color together with a representation of
4830     the skull and crossbones.

4831          (3) A person may not:
4832          (a) use the word "trace" as a substitute for a statement required under this chapter;
4833          (b) disseminate any false or misleading advertisement about agricultural, vegetable,
4834     flower, or tree and shrub seed or seeds for sprouting; or
4835          (c) detach, alter, or destroy any label or substitute any seed in a manner which defeats
4836     the purpose of this chapter.
4837          Section 180. Section 4-16-203, which is renumbered from Section 4-16-7 is
4838     renumbered and amended to read:
4839          [4-16-7].      4-16-203. Inspection -- Samples -- Analysis -- Seed testing facilities
4840     to be maintained -- Rules to control offensive seeds -- Notice of offending seeds --
4841     Warrants.
4842          (1) (a) The department shall periodically enter public or private premises from which
4843     seeds are distributed, offered, or exposed for sale to sample, inspect, analyze, and test
4844     agricultural, vegetable, flower, or tree and shrub seeds or seeds for sprouting distributed within
4845     this state to determine compliance with this chapter.
4846          (b) To perform the duties specified in Subsection (1)(a), the department shall:
4847          (i) establish and maintain facilities for testing the purity and germination of seeds;
4848          (ii) prescribe by rule uniform methods for sampling and testing seeds; and
4849          (iii) establish fees for rendering service.
4850          (2) The department shall prescribe by rule weed seeds and noxious weed seeds and fix
4851     the tolerances permitted for those offensive seeds.
4852          (3) (a) If a seed sample, upon analysis, fails to comply with this chapter, the department
4853     shall give written notice to that effect to any person who is distributing, offering, or exposing
4854     the seeds for sale. [Nothing]
4855          (b) Notwithstanding Subsection (3)(a), nothing in this chapter[, however,] shall be
4856     construed as requiring the department to refer minor violations for criminal prosecution or for
4857     the institution of condemnation proceedings if it believes the public interest will best be served
4858     through informal action.
4859          (4) The department may proceed immediately, if admittance is refused, to obtain an ex
4860     parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises
4861     for the purpose of making inspections and obtaining samples.

4862          Section 181. Section 4-16-301, which is renumbered from Section 4-16-8 is
4863     renumbered and amended to read:
4864     
Part 3. Enforcement

4865          [4-16-8].      4-16-301. Enforcement -- Stop sale, use, or removal authorized --
4866     Court action -- Procedures -- Costs.
4867          (1) (a) The department may issue a "stop sale, use, or removal order" to the distributor,
4868     owner, or person in possession of any designated agricultural, vegetable, flower, or tree and
4869     shrub seed or seeds for sprouting or lot of seed which it finds or has reason to believe violates
4870     this chapter.
4871          (b) The order shall be in writing and no seed subject to it shall be moved, offered, or
4872     exposed for sale, except upon subsequent written release by the department.
4873          (c) Before a release is issued, the department may require the distributor or owner of
4874     the "stopped" seed or lot to pay the expense incurred by the department in connection with the
4875     withdrawal of the product from the market.
4876          (2) (a) The department is authorized in a court of competent jurisdiction to seek an
4877     order of seizure or condemnation of any seed which violates this chapter or, upon proper
4878     grounds, to obtain a temporary restraining order or permanent injunction to prevent violation of
4879     this chapter.
4880          (b) No bond may be required of the department in an injunctive proceeding brought
4881     under this section.
4882          (3) (a) If condemnation is ordered, the seed shall be disposed of as the court directs.
4883          (b) The court may not order condemnation without giving the claimant of the seed an
4884     opportunity to apply to the court for permission to relabel, reprocess, or otherwise bring the
4885     seed into conformance, or for permission to remove it from the state.
4886          (c) If the court orders condemnation, court costs, fees, storage, and other costs shall be
4887     awarded against the claimant of the seed.
4888          Section 182. Section 4-16-302, which is renumbered from Section 4-16-10 is
4889     renumbered and amended to read:
4890          [4-16-10].      4-16-302. False or misleading advertising with respect to seed
4891     quality prohibited.
4892          Unless agricultural, vegetable, flower, or tree and shrub seeds or seeds for sprouting

4893     sold, advertised, or exposed or offered for sale in this state for propagation or planting have
4894     been registered or certified by an officially recognized seed certifying agency approved and
4895     accredited in this state, a person may not:
4896          (1) use orally or in writing:
4897          (a) the term "foundation," "registered," or "certified" seed along with other words; or
4898          (b) any other term or form of words which suggests that the seed has been certified or
4899     registered by an inspection agency duly authorized by any state, or that there has been
4900     registration or certification, or either; or
4901          (2) use any tags similar to registration or certification tags.
4902          Section 183. Section 4-16-303, which is renumbered from Section 4-16-11 is
4903     renumbered and amended to read:
4904          [4-16-11].      4-16-303. Distributors of seed to keep record of each lot of seed
4905     distributed.
4906          (1) Each person whose name appears on the label of agricultural, vegetable, flower, or
4907     tree and shrub seeds or seeds for sprouting shall keep:
4908          (a) a complete record of each lot of agricultural, vegetable, flower, tree and shrub seed
4909     or seeds for sprouting distributed in this state for a period of two years; and
4910          (b) a file sample of each lot of seed for a period of one year after final disposition of
4911     the lot.
4912          (2) The records and samples pertaining to the distribution of the seeds shall be
4913     available to the department for inspection during regular business hours.
4914          Section 184. Section 4-16-401, which is renumbered from Section 4-16-9 is
4915     renumbered and amended to read:
4916     
Part 4. Testing

4917          [4-16-9].      4-16-401. Designation of official testing agency for certification of
4918     seed.
4919          (1) The agricultural experiment station at Utah State University is designated as the
4920     official state agency responsible for the production, approval, and testing of foundation seeds in
4921     this state.
4922          (2) This agency shall perform all functions necessary for seed certification including
4923     the determination of the adaptability of established and new crop varieties for planting in this

4924     state, whether produced in this state or elsewhere and the determination of eligibility of crop
4925     varieties for registration and certification in the state.
4926          (3) In performing its responsibility, the experiment station may contract, subject to
4927     available funds, upon such terms and conditions as it [deems] considers appropriate with a
4928     private seed certifying agency.
4929          Section 185. Section 4-16-501, which is renumbered from Section 4-16-6 is
4930     renumbered and amended to read:
4931     
Part 5. Exemption

4932          [4-16-6].      4-16-501. Chapter does not apply to seed not intended for sowing,
4933     to seed at seed processing plant, or to seed transported or delivered for transportation in
4934     the ordinary course of business.
4935          (1) This chapter does not apply to:
4936          [(1)] (a) seed or grain not intended for sowing;
4937          [(2)] (b) subject to Subsection (2), seed at, or consigned to, a seed processing or
4938     cleaning plant; [provided, that any label or any other representation which is made with respect
4939     to the uncleaned or unprocessed seed is subject to this chapter;] or
4940          [(3)] (c) to any carrier in respect to any seed transported or delivered for transportation
4941     in the ordinary course of its business as a carrier[; provided, the carrier is not engaged in
4942     producing, processing, or marketing agricultural, vegetable, flower, or tree and shrub seeds or
4943     seeds for sprouting].
4944          (2) Any label or other representation which is made with respect to seed described in
4945     Subsection (1)(b) is made with respect to the uncleaned or unprocessed seed is subject to this
4946     chapter.
4947          (3) A carrier described in Subsection (1)(c) may not be engaged in producing,
4948     processing, or marketing agricultural, vegetable, flower, or tree and shrub seeds or seeds for
4949     sprouting.
4950          Section 186. Section 4-17-101, which is renumbered from Section 4-17-1 is
4951     renumbered and amended to read:
4952     
CHAPTER 17. UTAH NOXIOUS WEED ACT

4953          [4-17-1].      4-17-101. Title.
4954          This chapter [shall be] is known [and may be cited] as the "Utah Noxious Weed Act."

4955          Section 187. Section 4-17-102, which is renumbered from Section 4-17-2 is
4956     renumbered and amended to read:
4957          [4-17-2].      4-17-102. Definitions.
4958          As used in this chapter:
4959          (1) "Commission" means the county legislative body of [the counties] each county of
4960     this state.
4961          (2) "Commissioner" means the commissioner of agriculture and food or the
4962     commissioner's representative.
4963          (3) "County noxious weed" means any plant [which] that is:
4964          (a) not on the state noxious weed list[, is];
4965          (b) especially troublesome in a particular county[,]; and [is]
4966          (c) declared by the county legislative body to be a noxious weed within [its] the county.
4967          (4) "Noxious weed" means any plant the commissioner determines to be especially
4968     injurious to public health, crops, livestock, land, or other property.
4969          Section 188. Section 4-17-103, which is renumbered from Section 4-17-3 is
4970     renumbered and amended to read:
4971          [4-17-3].      4-17-103. Commissioner -- Functions, powers, and duties.
4972          The commissioner [has the following powers and duties] or the commissioner's
4973     designee shall:
4974          (1) [investigates and designates] investigate and designate noxious weeds on a
4975     statewide basis;
4976          (2) [compiles and publishes] compile and publish annually a list of statewide noxious
4977     weeds;
4978          (3) [coordinates and assists] coordinate and assist in inter-county noxious weed
4979     enforcement activities;
4980          (4) [determines] determine whether each county complies with this chapter;
4981          (5) [assists] assist a county [which] that fails to carry out the provisions of this chapter
4982     in [its] the county's implementation of a weed control program;
4983          (6) [prescribes] prescribe the form and general substantive content of notices to the
4984     public and to individuals concerning the prevention and control of noxious weeds;
4985          (7) [compiles and publishes] compile and publish a list of articles capable of

4986     disseminating noxious weeds or seeds and designate treatment to prevent dissemination; and
4987          (8) [regulates] regulate the flow of contaminated articles into the state and between
4988     counties to prevent the dissemination of noxious weeds or seeds.
4989          Section 189. Section 4-17-104, which is renumbered from Section 4-17-3.5 is
4990     renumbered and amended to read:
4991          [4-17-3.5].      4-17-104. Creation of State Weed Committee -- Membership --
4992     Powers and duties -- Expenses.
4993          (1) There is created a State Weed Committee composed of eight members, with each
4994     member representing one of the following:
4995          (a) the Department of Agriculture and Food;
4996          (b) the Department of Natural Resources;
4997          (c) the Utah State University Agricultural Experiment Station;
4998          (d) the Utah State University Extension Service;
4999          (e) the Utah Association of Counties;
5000          (f) private agricultural industry;
5001          (g) the Utah Weed Control Association; and
5002          (h) the Utah Weed Supervisors Association.
5003          (2) The commissioner shall select the members of the committee from those nominated
5004     by each of the respective groups or agencies following approval by the Agricultural Advisory
5005     Board.
5006          (3) (a) Except as required by Subsection (3)(b), as terms of current committee members
5007     expire, the commissioner shall appoint each new member or reappointed member to a four-year
5008     term.
5009          (b) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at
5010     the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
5011     committee members are staggered so that approximately half of the committee is appointed
5012     every two years.
5013          (4) (a) Members may be removed by the commissioner for cause.
5014          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
5015     appointed for the unexpired term.
5016          (5) The State Weed Committee shall:

5017          (a) confer and advise on matters pertaining to the planning, implementation, and
5018     administration of the state noxious weed program;
5019          (b) recommend names for membership on the committee; and
5020          (c) serve as members of the executive committee of the Utah Weed Control
5021     Association.
5022          (6) A member may not receive compensation or benefits for the member's service, but
5023     may receive per diem and travel expenses in accordance with:
5024          (a) Section 63A-3-106;
5025          (b) Section 63A-3-107; and
5026          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
5027     63A-3-107.
5028          Section 190. Section 4-17-105, which is renumbered from Section 4-17-4 is
5029     renumbered and amended to read:
5030          [4-17-4].      4-17-105. County weed control board -- Appointment --
5031     Composition -- Terms -- Removal -- Compensation.
5032          (1) [Each] A county executive of [the counties] a county may, with the advice and
5033     consent of the county legislative body, appoint a county weed control board comprised of not
5034     less than three nor more than five appointed members.
5035          (2) (a) If the county legislative body is the county commission, the chair of the county
5036     legislative body shall appoint one member of the county legislative body who shall act as a
5037     coordinator between the county and the county weed control board.
5038          (b) If the county legislative body is a county council, the county executive shall serve
5039     on the county weed control board and act as coordinator between the county and the county
5040     weed control board.
5041          (3) Two members of the board shall be farmers or ranchers whose primary source of
5042     income is derived from production agriculture.
5043          (4) Members are appointed to four year terms of office and serve with or without
5044     compensation as determined by each county legislative body.
5045          (5) Members may be removed for cause and any vacancy [which] that occurs on a
5046     county weed control board shall be filled by appointment for the unexpired term of the vacated
5047     member.

5048          Section 191. Section 4-17-106, which is renumbered from Section 4-17-4.5 is
5049     renumbered and amended to read:
5050          [4-17-4.5].      4-17-106. Commissioner may require county weed control board to
5051     justify failure to enforce provisions.
5052          If the commissioner determines that the weed control board of any county has failed to
5053     perform [its] the board's duties under this chapter, the commissioner may require the board to
5054     justify, in writing, [its] the board's failure to enforce these provisions within [its] the board's
5055     county.
5056          Section 192. Section 4-17-107, which is renumbered from Section 4-17-5 is
5057     renumbered and amended to read:
5058          [4-17-5].      4-17-107. County weed control board responsible for control of
5059     noxious weeds -- Cooperation with other county boards -- Authority to designate noxious
5060     weed -- Public hearing before removal of noxious weed from state list.
5061          (1) A county weed control board is responsible, under the general direction of the
5062     county executive, for the formulation and implementation of a county-wide coordinated
5063     noxious weed control program designed to prevent and control noxious weeds within [its] the
5064     board's county.
5065          (2) A county weed control board is required, under the general direction of [its] the
5066     board's commission, to cooperate with other county weed control boards to prevent and control
5067     the spread of noxious weeds.
5068          (3) (a) A county legislative body may declare a particular weed or competitive plant,
5069     not appearing on the state noxious weed list, a county noxious weed within [its county, or the]
5070     the board's county.
5071          (b) A county executive, with the approval of the county legislative body, may petition
5072     the commissioner for removal of a particular noxious weed from the state noxious weed list.
5073          (c) The county legislative body may not approve a petition of the county executive to
5074     the commissioner to remove a noxious weed unless [it] the county legislative body has first
5075     conducted a public hearing after due notice.
5076          Section 193. Section 4-17-108, which is renumbered from Section 4-17-6 is
5077     renumbered and amended to read:
5078          [4-17-6].      4-17-108. Weed control supervisor -- Qualification -- Appointment

5079     -- Duties.
5080          (1) (a) Each commission may employ one or more weed control supervisors qualified
5081     to:
5082          (i) detect and treat noxious weeds; and
5083          (ii) direct the weed control program for the county weed control board.
5084          (b) A person may be a weed control supervisor for more than one county weed control
5085     board.
5086          (c) Terms and conditions of employment shall be prescribed by the commission.
5087          (2) A supervisor, under the direction of the local county weed control board, shall:
5088          (a) examine all land under the jurisdiction of the county weed control board to
5089     determine whether this chapter and the rules adopted by the department have been met;
5090          (b) compile data on infested areas;
5091          (c) consult and advise upon matters pertaining to the best and most practical method of
5092     noxious weed control and prevention;
5093          (d) render assistance and direction for the most effective control and prevention;
5094          (e) investigate violations of this chapter;
5095          (f) enforce noxious weed controls within the county; and
5096          (g) perform any other duties required by the county weed control board.
5097          Section 194. Section 4-17-109, which is renumbered from Section 4-17-7 is
5098     renumbered and amended to read:
5099          [4-17-7].      4-17-109. Notice of noxious weeds to be published annually in
5100     county -- Notice to particular property owners to control noxious weeds -- Methods of
5101     prevention or control specified -- Failure to control noxious weeds considered public
5102     nuisance.
5103          (1) Each county weed control board before May 1 of each year shall post a general
5104     notice of the noxious weeds within the county in at least three public places within the county
5105     and publish the same notice on:
5106          (a) at least three occasions in a newspaper or other publication of general circulation
5107     within the county; and
5108          (b) as required in Section 45-1-101.
5109          (2) (a) If the county weed control board determines that particular property within the

5110     county requires prompt and definite attention to prevent or control noxious weeds, [it] the
5111     county weed control board shall serve the owner or the person in possession of the property,
5112     personally or by certified mail, a notice specifying when and what action is required to be taken
5113     on the property.
5114          (b) Methods of prevention or control may include definite systems of tillage, cropping,
5115     use of chemicals, and use of livestock.
5116          (3) An owner or person in possession of property who fails to take action to control or
5117     prevent the spread of noxious weeds as specified in the notice is maintaining a public nuisance.
5118          Section 195. Section 4-17-110, which is renumbered from Section 4-17-8 is
5119     renumbered and amended to read:
5120          [4-17-8].      4-17-110. Noxious weeds -- Failure to control after notice of
5121     nuisance -- Notice and hearing -- Control at county expense -- Owner liable for county
5122     costs -- Charges lien against property.
5123          (1) If the owner or person in possession of the property fails to take action to control or
5124     prevent the spread of noxious weeds within five working days after the property is declared a
5125     public nuisance, the county may, after reasonable notification, enter the property, without the
5126     consent of the owner or the person in possession, and perform any work necessary, consistent
5127     with sound weed prevention and control practices, to control the weeds.
5128          [(2) Any expense incurred by the county in controlling the noxious weeds is paid by
5129     the]
5130          (2) (a) If the county controls weeds on a piece of property, as described in Subsection
5131     (1), and seeks reimbursement from the property owner of record or the person in possession of
5132     the property, the county shall send the property owner or person in possession of the property a
5133     documented description of the expense and a demand for payment within 30 days of the day on
5134     which the weed control took place.
5135          (b) The property owner of record or the person in possession of the property, as the
5136     case may be, shall reimburse the county for the county's expense within 90 days after receipt of
5137     the [charges incurred by the county.] demand for payment, as described in Subsection (2)(a).
5138          (c) If the demand for payment is not paid within 90 days after [notice of the charges]
5139     receipt, the charges become a lien against the property and are collectible by the county
5140     treasurer at the time general property taxes are collected.

5141          Section 196. Section 4-17-111, which is renumbered from Section 4-17-8.5 is
5142     renumbered and amended to read:
5143          [4-17-8.5].      4-17-111. Hearing before county weed control board -- Appeal of
5144     decision to the county legislative body -- Judicial review.
5145          (1) Any person served with notice to control noxious weeds may request a hearing to
5146     appeal the terms of the notice before the county weed control board within 10 days of receipt of
5147     such notice and may appeal the decision of the county weed control board to the county
5148     legislative body.
5149          (2) Any person served with notice to control noxious weeds who has had a hearing
5150     before both the county weed control board and the county legislative body may further appeal
5151     the decision of the county legislative body by filing written notice of appeal with a court of
5152     competent jurisdiction.
5153          Section 197. Section 4-17-112, which is renumbered from Section 4-17-10 is
5154     renumbered and amended to read:
5155          [4-17-10].      4-17-112. Jurisdiction of state and local agencies to control weeds.
5156          The departments or agencies of state and local governments shall develop, implement,
5157     and pursue an effective program for the control and containment of noxious weeds on all lands
5158     under [their] the department's or agency's control or jurisdiction, including highways,
5159     roadways, rights-of-way, easements, game management areas, and state parks and recreation
5160     areas.
5161          Section 198. Section 4-17-113, which is renumbered from Section 4-17-11 is
5162     renumbered and amended to read:
5163          [4-17-11].      4-17-113. County noxious weed control fund authorized.
5164          [Authority is hereby granted commissions to] A commission may establish and
5165     maintain a noxious weed control fund in each county for use in the administration of this
5166     chapter.
5167          Section 199. Section 4-17-114, which is renumbered from Section 4-2-8.7 is
5168     renumbered and amended to read:
5169          [4-2-8.7].      4-17-114. Invasive Species Mitigation Account created.
5170          (1) As used in this section, "project" means an undertaking that:
5171          (a) rehabilitates or treats an area infested with, or threatened by, an invasive species; or

5172          (b) conducts research related to invasive species.
5173          (2) (a) There is created a restricted account within the General Fund known as the
5174     "Invasive Species Mitigation Account."
5175          (b) The restricted account shall consist of:
5176          (i) money appropriated by the Legislature;
5177          (ii) grants from the federal government; and
5178          (iii) grants or donations from a person.
5179          (3) (a) After consulting with the Department of Natural Resources and the
5180     Conservation Commission, the department may expend money in the restricted account:
5181          (i) on a project implemented by:
5182          (A) the department; or
5183          (B) the Conservation Commission; or
5184          (ii) by giving a grant for a project to:
5185          (A) a state agency;
5186          (B) a federal agency;
5187          (C) a federal, state, tribal, or private landowner;
5188          (D) a political subdivision;
5189          (E) a county weed board;
5190          (F) a cooperative weed management area; or
5191          (G) a university.
5192          (b) The department may use up to 10% of restricted account funds appropriated under
5193     Subsection (2)(b)(i) on:
5194          (i) department administration; or
5195          (ii) project planning, monitoring, and implementation expenses.
5196          (c) A project that receives funds from the Invasive Species Mitigation Account may not
5197     spend more than 10% of an award of funds on planning and administration costs.
5198          (d) A federal landowner that receives restricted account funds for a project shall match
5199     the funds received from the restricted account with an amount that is equal to or greater than
5200     the amount received from the restricted account.
5201          (4) In giving a grant, the department shall consider the effectiveness of a project in the
5202     rehabilitation or treatment of an area infested with, or threatened by, an invasive species.

5203          Section 200. Section 4-17-115, which is renumbered from Section 4-2-8.6 is
5204     renumbered and amended to read:
5205          [4-2-8.6].      4-17-115. Cooperative agreements and grants to rehabilitate areas
5206     infested with or threatened by invasive species.
5207          After consulting with the Department of Natural Resources and the Conservation
5208     Commission, the department may:
5209          (1) enter into a cooperative agreement with a political subdivision, a state agency, a
5210     federal agency, [or a federal, state, tribal] a tribe, a county weed board, a cooperative weed
5211     management area, a university, or a private landowner to:
5212          (a) rehabilitate or treat an area infested with, or threatened by, an invasive species; or
5213          (b) conduct research related to invasive species;
5214          (2) expend money from the Invasive Species Mitigation Account created in Section
5215     [4-2-8.7] 4-17-114; and
5216          (3) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
5217     make rules to:
5218          (a) administer this section; and
5219          (b) give grants from the Invasive Species Mitigation Account.
5220          Section 201. Section 4-18-101 is amended to read:
5221     
CHAPTER 18. CONSERVATION COMMISSION ACT

5222     
Part 1. Duties and Administration

5223          4-18-101. Title.
5224          This chapter is known as the "Conservation Commission Act."
5225          Section 202. Section 4-18-102 is amended to read:
5226          4-18-102. Purpose declaration.
5227          (1) The Legislature finds and declares that:
5228          (a) the soil and water resources of this state constitute one of [its] the state's basic
5229     assets; and
5230          (b) the preservation of [these] soil and water resources requires planning and programs
5231     to ensure:
5232          (i) the development and utilization of [these] soil and water resources; and
5233          (ii) [their] soil and water resources' protection from the adverse effects of wind and

5234     water erosion, sediment, and sediment related pollutants.
5235          (2) The Legislature finds that local production of food is essential for:
5236          (a) the security of the state's food supply; and
5237          (b) the self-sufficiency of the state's citizens.
5238          (3) The Legislature finds that sustainable agriculture is critical to:
5239          (a) the success of rural communities;
5240          (b) the historical culture of the state;
5241          (c) maintaining healthy farmland;
5242          (d) maintaining high water quality;
5243          (e) maintaining abundant wildlife;
5244          (f) high-quality recreation for citizens of the state; and
5245          (g) helping to stabilize the state economy.
5246          (4) The Legislature finds that livestock grazing on public lands is important for the
5247     proper management, maintenance, and health of public lands in the state.
5248          (5) The Legislature encourages each agricultural producer in the state to operate in a
5249     reasonable and responsible manner to maintain the integrity of land, soil, water, and air.
5250          (6) [To] The department shall administer the Utah Agriculture Certificate of
5251     Environmental Stewardship Program, created in Section 4-18-107, to encourage each
5252     agricultural producer in this state to operate in a reasonable and responsible manner to maintain
5253     the integrity of the state's resources[, the state shall administer the Utah Agriculture Certificate
5254     of Environmental Stewardship Program, created in Section 4-18-107].
5255          Section 203. Section 4-18-103 is amended to read:
5256          4-18-103. Definitions.
5257          As used in this chapter:
5258          (1) (a) "Agricultural discharge" means the release of agriculture water from the
5259     property of a farm, ranch, or feedlot that:
5260          (i) pollutes a surface body of water, including a stream, lake, pond, marshland,
5261     watercourse, waterway, river, ditch, or other water conveyance system;
5262          (ii) pollutes ground water; or
5263          (iii) constitutes a significant nuisance to urban land.
5264          (b) "Agricultural discharge" does not include:

5265          (i) runoff from a farm, ranch, or feedlot, or the return flow of water from an irrigated
5266     field onto land that is not part of a body of water; or
5267          (ii) a release of water from a farm, ranch, or feedlot into a normally dry water
5268     conveyance leading to an active body of water, if the release does not reach the water of a lake,
5269     pond, stream, marshland, river, or other active body of water.
5270          (2) "Agricultural operation" means a farm, ranch, or animal feeding operation.
5271          (3) "Agriculture water" means:
5272          (a) water used by a farm, ranch, or feedlot for the production of food, fiber, or fuel;
5273          (b) the return flow of water from irrigated agriculture; or
5274          (c) agricultural storm water runoff.
5275          (4) "Alternate" means a substitute for a district supervisor if the district supervisor
5276     cannot attend a meeting.
5277          (5) (a) "Animal feeding operation" means a facility where animals, other than aquatic
5278     animals, are stabled or confined and fed or maintained for a total of 45 days or more in any
5279     12-month period.
5280          (b) "Animal feeding operation" does not include an operation where animals are in
5281     areas such as pastures or rangeland that sustain crops or forage growth during the normal
5282     growing season.
5283          (6) "Best management practices" means practices, including management policies and
5284     the use of technology, used by each sector of agriculture in the production of food and fiber
5285     that are commonly accepted practices, or that are at least as effective as commonly accepted
5286     practices, and that:
5287          (a) protect the environment;
5288          (b) protect human health;
5289          (c) ensure the humane treatment of animals; and
5290          (d) promote the financial viability of agricultural production.
5291          (7) "Certified agricultural operation" means an agricultural operation that is certified
5292     under the Utah Agriculture Certificate of Environmental Stewardship Program in accordance
5293     with Section 4-18-107.
5294          (8) "Certified conservation planner" means a planner of a state conservation district, or
5295     other qualified planner, that is approved by the commission to certify an agricultural operation

5296     under the Utah Agriculture Certificate of Environmental Stewardship Program, created in
5297     Section 4-18-107.
5298          (9) "Commission" means the Conservation Commission created in Section 4-18-104.
5299          (10) "Comprehensive nutrient management plan" or "nutrient management plan"
5300     means a plan to properly store, handle, and spread manure and other agricultural byproducts to:
5301          (a) protect the environment; and
5302          (b) provide nutrients for the production of crops.
5303          (11) "Coordinated resource management plan" means a plan of action created at a local
5304     level with broad participation of land owners, natural resource agencies, and interested
5305     stakeholders to protect or enhance the environment, human health, humane treatment of
5306     animals, and financial viability in the community.
5307          (12) "District" or "conservation district" has the same meaning as "conservation
5308     district" as defined in Section 17D-3-102.
5309          (13) "Pollution" means a harmful human-made or human-induced alteration to the
5310     water of the state, including an alteration to the chemical, physical, biological, or radiological
5311     integrity of water that harms the water of the state.
5312          (14) "State technical standards" means a collection of best management practices that
5313     will protect the environment in a reasonable and economical manner for each sector of
5314     agriculture as required by this chapter.
5315          (15) "Sustainable agriculture" means agriculture production and practices that promote:
5316          (a) the environmental responsibility of owners and operators of farms, ranches, and
5317     feedlots; and
5318          (b) the profitability of owners and operators of farms, ranches, and feedlots.
5319          Section 204. Section 4-18-104 is amended to read:
5320          4-18-104. Conservation Commission created -- Composition -- Appointment --
5321     Terms -- Compensation -- Attorney general to provide legal assistance.
5322          (1) There is created within the department the Conservation Commission to perform
5323     the functions specified in this chapter.
5324          (2) The Conservation Commission shall be [comprised of 16] composed of 15
5325     members, including:
5326          (a) the director of the Extension Service at Utah State University or the director's

5327     designee;
5328          (b) the president of the Utah Association of Conservation Districts or the president's
5329     designee;
5330          (c) the commissioner or the commissioner's designee;
5331          (d) the executive director of the Department of Natural Resources or the executive
5332     director's designee;
5333          (e) the executive director of the Department of Environmental Quality or the executive
5334     director's designee;
5335          (f) the chair [and the vice chair], or the chair's designee, of the State Grazing Advisory
5336     Board, created in Section [4-20-1.5] 4-20-103;
5337          (g) the president of the County Weed Supervisors Association;
5338          (h) seven district supervisors who provide district representation on the commission on
5339     a multicounty basis; and
5340          (i) the director of the School and Institutional Trust Lands Administration or the
5341     director's designee.
5342          (3) If a district supervisor is unable to attend a meeting, an alternate may serve in the
5343     place of the district supervisor for that meeting.
5344          (4) The members of the commission specified in Subsection (2)(h) shall:
5345          (a) be recommended by the commission to the governor; and
5346          (b) be appointed by the governor with the consent of the Senate.
5347          (5) (a) Except as required by Subsection (5)(b), as terms of current commission
5348     members expire, the governor shall appoint each new member or reappointed member to a
5349     four-year term.
5350          (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
5351     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
5352     commission members are staggered so that approximately half of the commission is appointed
5353     every two years.
5354          (6) When a vacancy occurs in the membership for any reason, the replacement shall be
5355     appointed for the unexpired term.
5356          (7) The commissioner is chair of the commission.
5357          (8) Attendance of a majority of the commission members at a meeting constitutes a

5358     quorum.
5359          (9) A member may not receive compensation or benefits for the member's service, but
5360     may receive per diem and travel expenses in accordance with:
5361          (a) Section 63A-3-106;
5362          (b) Section 63A-3-107; and
5363          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
5364     63A-3-107.
5365          (10) The commission shall keep a record of [its] the commission's actions.
5366          (11) The attorney general shall provide legal services to the commission upon request.
5367          Section 205. Section 4-18-105 is amended to read:
5368          4-18-105. Conservation Commission -- Functions and duties.
5369          (1) The commission shall:
5370          (a) facilitate the development and implementation of the strategies and programs
5371     necessary to:
5372          (i) protect, conserve, utilize, and develop the soil, air, and water resources of the state;
5373     and
5374          (ii) promote the protection, integrity, and restoration of land for agricultural and other
5375     beneficial purposes;
5376          (b) disseminate information regarding districts' activities and programs;
5377          (c) supervise the formation, reorganization, or dissolution of districts according to the
5378     requirements of Title 17D, Chapter 3, Conservation District Act;
5379          (d) prescribe uniform accounting and recordkeeping procedures for districts and
5380     require each district to submit annually an audit of [its] the district's funds to the commission;
5381          (e) approve and make loans for agricultural purposes, through the advisory board
5382     described in Section 4-18-106, from the Agriculture Resource Development Fund, for:
5383          (i) rangeland improvement and management projects;
5384          (ii) watershed protection and flood prevention projects;
5385          (iii) agricultural cropland soil and water conservation projects;
5386          (iv) programs designed to promote energy efficient farming practices; and
5387          (v) programs or improvements for agriculture product storage or protections of a crop
5388     or animal resource;

5389          (f) administer federal or state funds, including loan funds under this chapter, in
5390     accordance with applicable federal or state guidelines and make loans or grants from those
5391     funds to land occupiers for:
5392          (i) conservation of soil or water resources;
5393          (ii) maintenance of rangeland improvement projects;
5394          (iii) development and implementation of coordinated resource management plans, as
5395     defined in Section 4-18-103, with conservation districts, as defined in Section 17D-3-102; and
5396          (iv) control or eradication of noxious weeds and invasive plant species:
5397          (A) in cooperation and coordination with local weed boards; and
5398          (B) in accordance with Section [4-2-8.7] 4-17-114;
5399          (g) seek to coordinate soil and water protection, conservation, and development
5400     activities and programs of state agencies, local governmental units, other states, special interest
5401     groups, and federal agencies;
5402          (h) plan watershed and flood control projects in cooperation with appropriate local,
5403     state, and federal authorities, and coordinate flood control projects in the state;
5404          (i) assist other state agencies with conservation standards for agriculture when
5405     requested; and
5406          (j) when assigned by the governor, when required by contract with the Department of
5407     Environmental Quality, or when required by contract with the United States Environmental
5408     Protection Agency:
5409          (i) develop programs for the prevention, control, or abatement of new or existing
5410     pollution to the soil, water, or air of the state;
5411          (ii) advise, consult, and cooperate with affected parties to further the purpose of this
5412     chapter;
5413          (iii) conduct studies, investigations, research, and demonstrations relating to
5414     agricultural pollution issues;
5415          (iv) give reasonable consideration in the exercise of its powers and duties to the
5416     economic impact on sustainable agriculture;
5417          (v) meet the requirements of federal law related to water and air pollution in the
5418     exercise of [its] the commission's powers and duties; and
5419          (vi) establish administrative penalties relating to agricultural discharges as defined in

5420     Section 4-18-103 that are proportional to the seriousness of the resulting environmental harm.
5421          (2) The commission may:
5422          (a) employ, with the approval of the department, an administrator and necessary
5423     technical experts and employees;
5424          (b) execute contracts or other instruments necessary to exercise its powers;
5425          (c) take necessary action to promote and enforce the purpose and findings of Section
5426     4-18-102;
5427          (d) sue and be sued; and
5428          (e) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
5429     Rulemaking Act, necessary to carry out the powers and duties described in Subsection (1) and
5430     Subsections (2)(b) and (c).
5431          [(3) If, under Subsection (2)(a), the commission employs an individual who was
5432     formerly an employee of a conservation district or the Utah Association of Conservation
5433     Districts, the Department of Human Resource Management shall:]
5434          [(a) recognize the employee's employment service credit from the conservation district
5435     or association in determining leave accrual in the employee's new position within the state;
5436     and]
5437          [(b) set the initial wage rate for the employee at the level that the employee was
5438     receiving as an employee of the conservation district or association.]
5439          [(4) An employee described in Subsection (3) is exempt from the career service
5440     provisions of Title 67, Chapter 19, Utah State Personnel Management Act, and shall be
5441     designated under schedule codes and parameters established by the Department of Human
5442     Resource Management under Subsection 67-19-15(1)(p) until the commission, under
5443     parameters established by the Department of Human Resource Management, designates the
5444     employee under a different schedule recognized under Section 67-19-15.]
5445          [(5) (a) For purposes of the report required by Subsection (5)(b), the commissioner
5446     shall study the organizational structure of the employees described in Subsection (3).]
5447          [(b) The commissioner shall report to the Natural Resources, Agriculture, and
5448     Environmental Quality Appropriations Subcommittee by no later than that subcommittee's
5449     November 2015 interim meeting regarding the study required by Subsection (5)(a).]
5450          Section 206. Section 4-18-106 is amended to read:

5451          4-18-106. Agriculture Resource Development Fund -- Contents -- Use of fund
5452     money -- Authority board.
5453          (1) There is created a revolving loan fund known as the Agriculture Resource
5454     Development Fund.
5455          (2) The Agriculture Resource Development Fund shall consist of:
5456          (a) money appropriated to it by the Legislature;
5457          (b) sales and use tax receipts transferred to the fund in accordance with Section
5458     59-12-103;
5459          (c) money received for the repayment of loans made from the fund;
5460          (d) money made available to the state for agriculture resource development from any
5461     source; and
5462          (e) interest earned on the fund.
5463          (3) The commission shall make loans from the Agriculture Resource Development
5464     Fund as provided by Subsections 4-18-105(1)(e)(i) through (iv).
5465          (4) The commission may appoint an advisory board that shall:
5466          (a) oversee the award process for loans, as described in this section;
5467          (b) make recommendations to the commission regarding loans; and
5468          (c) recommend [the] policies and procedures for the Agriculture Resource
5469     Development Fund[,] that are consistent with statute.
5470          Section 207. Section 4-18-107 is amended to read:
5471          4-18-107. Utah Agriculture Certificate of Environmental Stewardship Program.
5472          (1) There is created the Utah Agriculture Certificate of Environmental Stewardship
5473     Program.
5474          (2) The commission, with the assistance of the department and with the advice of the
5475     Water Quality Board[,] created in Section 19-1-106, shall make rules in accordance with Title
5476     63G, Chapter 3, Utah Administrative Rulemaking Act that establish:
5477          (a) (i) best management practices;
5478          (ii) state technical standards; and
5479          (iii) guidelines for nutrient management plans;
5480          (b) requirements for qualification under the Utah Agriculture Certificate of
5481     Environmental Stewardship Program that:

5482          (i) are consistent with sustainable agriculture;
5483          (ii) help prevent harm to the environment, including prevention of an agricultural
5484     discharge; and
5485          (iii) encourage agricultural operations in the state to follow:
5486          (A) best management practices; and
5487          (B) nutrient management plans that meet the state technical standards appropriate for
5488     each type of agricultural operation;
5489          (c) the procedure for qualification under the Utah Agriculture Certificate of
5490     Environmental Stewardship Program;
5491          (d) the requirements and certification process for an individual to become a certified
5492     conservation planner; and
5493          (e) standards and procedures for administering the Utah Agriculture Certificate of
5494     Environmental Stewardship Program, including:
5495          (i) renewal of a certification under Subsection (4)(b);
5496          (ii) investigation and revocation of a certification under Subsection (6); and
5497          (iii) revocation of a certification under Subsection (7)(b).
5498          (3) An owner or operator of an agricultural operation may apply to certify the
5499     agricultural operation under the Utah Agriculture Certificate of Environmental Stewardship
5500     Program in accordance with this section.
5501          (4) (a) Except as provided in Subsection (6) or (7), a certified agricultural operation
5502     remains certified for a period of five years after the day on which the agricultural operation
5503     becomes certified.
5504          (b) A certified agricultural operation may, in accordance with commission rule, renew
5505     the certification for an additional five years to keep the certification for a total period of 10
5506     years after the day on which the agricultural operation becomes certified.
5507          (5) Subject to review by the commissioner or the commissioner's designee, a certified
5508     conservation planner shall certify each qualifying agricultural operation that applies to the Utah
5509     Agriculture Certificate of Environmental Stewardship Program.
5510          (6) (a) Upon request of the Department of Environmental Quality or upon receipt by
5511     the department of a citizen environmental complaint, the department shall, with the assistance
5512     of certified conservation planners as necessary, investigate a certified agricultural operation to

5513     determine whether the agricultural operation has committed a significant violation of the
5514     requirements of the Utah Agriculture Certificate of Environmental Stewardship Program.
5515          (b) If, after completing an investigation described in Subsection (6)(a), the department
5516     determines that a certified agricultural operation has committed a significant violation of the
5517     requirements for the Utah Agriculture Certificate of Environmental Stewardship Program, the
5518     department shall report the violation to the commission.
5519          (c) Upon receipt of a report described in Subsection (6)(b), the commission shall
5520     review the report and:
5521          (i) revoke the agricultural operation's certification; or
5522          (ii) set terms and conditions for the agricultural operation to maintain its certification.
5523          (7) (a) If, for a certification renewal under Subsection (4)(b), or an investigation under
5524     Subsection (6)(a), the department requests access to a certified agricultural operation, the
5525     certified agricultural operation shall, at a reasonable time, allow access for the department to:
5526          (i) inspect the agricultural operation; or
5527          (ii) review the records of the agricultural operation.
5528          (b) If a certified agricultural operation denies the department access as described in
5529     Subsection (7)(a), the commission may revoke the agricultural operation's certification.
5530          (8) If the commission changes a requirement of the Utah Agriculture Certificate of
5531     Environmental Stewardship Program after an agricultural operation is certified in accordance
5532     with former requirements, during the certification and renewal periods described in
5533     Subsections (4)(a) and (b) the agricultural operation may choose whether to abide by a new
5534     requirement, but the agricultural operation is not subject to the new requirement until the
5535     agricultural operation reapplies for certification.
5536          (9) Nothing in this section exempts an agricultural discharge made by a certified
5537     agricultural operation from the provisions of Subsection 19-5-105.5(3)(b).
5538          (10) (a) Except as provided in Subsections 19-5-105.6(2) and (3), a certified agriculture
5539     operation may not be required to implement additional projects or best management practices
5540     to address nonpoint source discharges.
5541          (b) The Division of Water Quality shall consider an agriculture operation's compliance
5542     with certification under an approved agriculture environmental stewardship program a
5543     mitigating factor for penalty purposes, as provided in Section 19-5-105.6.

5544          Section 208. Section 4-18-108 is amended to read:
5545          4-18-108. Grants for environmental improvement projects -- Criteria for award
5546     -- Duties of commission.
5547          (1) (a) Subject to appropriation, the commission, as described in Subsection (4), may
5548     make a grant to an owner or operator of a farm or ranch to pay for the costs of plans or projects
5549     to improve manure management, control surface water runoff, or address other environmental
5550     issues on the farm or ranch operation, including the costs of preparing or implementing a
5551     nutrient management plan.
5552          (b) The commission shall make a grant described in Subsection (1)(a) from funds
5553     appropriated by the Legislature for that purpose.
5554          (2) (a) In awarding a grant, the commission shall consider the following criteria:
5555          (i) the ability of the grantee to pay for the costs of plans or projects to improve manure
5556     management or control surface water runoff;
5557          (ii) the availability of:
5558          (A) matching funds provided by the grantee or another source; or
5559          (B) material, labor, or other items of value provided in lieu of money by the grantee or
5560     another source; and
5561          (iii) the benefits that accrue to the general public by the awarding of a grant.
5562          (b) The commission may establish by rule additional criteria for the awarding of a
5563     grant.
5564          (3) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
5565     Administrative Rulemaking Act, to implement this section.
5566          (4) The commission:
5567          (a) shall be responsible for awarding a grant or loan for water quality or other
5568     environmental issues; and
5569          (b) may appoint an advisory board to:
5570          (i) assist with the award process; and
5571          (ii) make recommendations to the commission regarding awards.
5572          Section 209. Section 4-18-201 is enacted to read:
5573     
Part 2. Salinity Offset Fund

5574          4-18-201. Title -- Definitions.

5575          (1) This part is known as "Salinity Offset Fund."
5576          (2) As used in this part, "Colorado River Salinity Offset Program" means a program,
5577     administered by the Division of Water Quality, allowing oil, gas, or mining companies and
5578     other entities to provide funds to finance salinity reduction projects in the Colorado River
5579     Basin by purchasing salinity credits as offsets against discharges made by the company under
5580     permits issued by the Division of Water Quality.
5581          Section 210. Section 4-18-202, which is renumbered from Section 4-2-8.5 is
5582     renumbered and amended to read:
5583          [4-2-8.5].      4-18-202. Salinity Offset Fund.
5584          [(1) As used in this section, "Colorado River Salinity Offset Program" means a
5585     program, administered by the Division of Water Quality, allowing oil, gas, or mining
5586     companies and other entities to provide funds to finance salinity reduction projects in the
5587     Colorado River Basin by purchasing salinity credits as offsets against discharges made by the
5588     company under permits issued by the Division of Water Quality.]
5589          [(2)] (1) (a) There is created an expendable special revenue fund known as the "Salinity
5590     Offset Fund."
5591          (b) The fund shall consist of:
5592          (i) money received from the Division of Water Quality that has been collected as part
5593     of the Colorado River Salinity Offset Program;
5594          (ii) grants from local governments, the state, or the federal government;
5595          (iii) grants from private entities; and
5596          (iv) interest on fund money.
5597          [(3)] (2) (a) The department shall:
5598          (i) subject to the rules established under Subsection [(3)] (2)(a)(ii), distribute fund
5599     money to farmers, ranchers, mutual irrigation companies, and other entities in the state to assist
5600     in financing irrigation, rangeland, and watershed improvement projects that will, in accordance
5601     with the Colorado River Salinity Offset Program, reduce salinity in the Colorado River; and
5602          (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
5603     make rules establishing:
5604          (A) a project funding application process;
5605          (B) project funding requirements;

5606          (C) project approval criteria; and
5607          (D) standards for evaluating the effectiveness of funded projects in reducing salinity in
5608     the Colorado River.
5609          (b) The department may require entities seeking fund money to provide matching
5610     funds.
5611          (c) The department shall submit to the Division of Water Quality proposed funding
5612     projects for the division's review and approval.
5613          (d) The Division of Water Quality and the department shall establish a committee to
5614     review and approve projects, as funding allows.
5615          [(4)] (3) (a) Except as provided in Subsection [(4)] (3)(b), the department may use fund
5616     money for the administration of the fund, but this amount may not exceed 10% of the receipts
5617     to the fund.
5618          (b) The department may not use earned interest for administration of the fund.
5619          Section 211. Section 4-19-101 is enacted to read:
5620     
CHAPTER 19. RURAL REHABILITATION

5621          4-19-101. Title.
5622          This chapter is known as "Rural Rehabilitation."
5623          Section 212. Section 4-19-102, which is renumbered from Section 4-19-1 is
5624     renumbered and amended to read:
5625          [4-19-1].      4-19-102. Department responsible for conduct and administration
5626     of rural rehabilitation program.
5627          The department shall conduct and administer the rural rehabilitation program within the
5628     state in accordance with the agreement entered into in January 1975, between the United States
5629     of America through its Farm Home Administration and the state through its commissioner.
5630          Section 213. Section 4-19-103, which is renumbered from Section 4-19-2 is
5631     renumbered and amended to read:
5632          [4-19-2].      4-19-103. Department authorized to approve and make grants and
5633     loans, acquire property, and lease or operate property.
5634          The department, in conjunction with the administration of the rural rehabilitation
5635     program, may:
5636          (1) approve and make a loan to a farm or agricultural cooperative association regulated

5637     under Title 3, Uniform Agricultural Cooperative Association Act, subject to Section [4-19-3]
5638     4-19-104, including:
5639          (a) taking security for the loan through a mortgage, trust deed, pledge, or other security
5640     device;
5641          (b) purchasing a promissory note, real estate contract, mortgage, trust deed, or other
5642     instrument or evidence of indebtedness; and
5643          (c) collecting, compromising, canceling, or adjusting a claim or obligation arising out
5644     of the administration of the rural rehabilitation program;
5645          (2) purchase or otherwise obtain property in which the department has acquired an
5646     interest on account of a mortgage, trust deed, lien, pledge, assignment, judgment, or other
5647     means at any execution or foreclosure sale;
5648          (3) operate or lease, if necessary to protect its investment, property in which it has an
5649     interest, or sell or otherwise dispose of the property; and
5650          (4) approve and make an education loan or an education grant to an individual for the
5651     purpose of attending a vocational school, college, or university to obtain additional education,
5652     qualifications, or skills.
5653          Section 214. Section 4-19-104, which is renumbered from Section 4-19-3 is
5654     renumbered and amended to read:
5655          [4-19-3].      4-19-104. Loans -- Not to exceed period of 10 years -- Agricultural
5656     Advisory Board to approve loans and renewals, methods of payments, and interest rates
5657     -- Guidelines in fixing interest rates declared.
5658          (1) The department may not make a loan authorized under this chapter for a period to
5659     exceed 10 years, but the loan is renewable.
5660          (2) [The] Except as provided in Subsection (5), the Agricultural Advisory Board
5661     created in Section 4-2-108 shall approve:
5662          (a) all loans and renewals;
5663          (b) the methods of repayment; and
5664          (c) the interest rates charged.
5665          (3) In fixing interest rates, the Agricultural Advisory Board shall consider:
5666          (a) the current applicable interest rate or rates being charged by the USDA Farm
5667     Service Agency on similar loans;

5668          (b) the current prime rate charged by leading lending institutions; and
5669          (c) any other pertinent economic data.
5670          (4) The interest rates established shall be compatible with guidelines stated in this
5671     section.
5672          (5) The Agricultural Advisory Board may create a subcommittee from the board's
5673     membership to approve a loan or renewal under this section.
5674          Section 215. Section 4-19-105, which is renumbered from Section 4-19-4 is
5675     renumbered and amended to read:
5676          [4-19-4].      4-19-105. Utah Rural Rehabilitation Fund.
5677          (1) The department shall deposit all income generated from the administration of the
5678     rural rehabilitation program in a separate fund known as the "Utah Rural Rehabilitation Fund."
5679          (2) The state treasurer shall maintain the Utah Rural Rehabilitation Fund and record all
5680     debits and credits made to the fund by the department.
5681          Section 216. Section 4-20-101, which is renumbered from Section 4-20-1 is
5682     renumbered and amended to read:
5683     
CHAPTER 20. RANGELAND IMPROVEMENT ACT

5684          [4-20-1].      4-20-101. Title.
5685          [(1)] This chapter is known as the "Rangeland Improvement Act."
5686          [(2) As used in this chapter:]
5687          [(a) "Cooperative weed management association" means a multigovernmental
5688     association cooperating together to control noxious weeds in a geographic area that includes
5689     some portion of Utah.]
5690          [(b) "Fees" mean the revenue collected by the United States Secretary of Interior from
5691     assessments on livestock using public lands.]
5692          [(c) "Grazing district" means an administrative unit of land:]
5693          [(i) designated by the commissioner as being valuable for grazing and for raising
5694     forage crops; and]
5695          [(ii) which consists of any combination of the following:]
5696          [(A) public land;]
5697          [(B) private land;]
5698          [(C) state land; and]

5699          [(D) school and institutional trust land as defined in Section 53C-1-103.]
5700          [(d) "Public lands" mean vacant, unappropriated, reserved, and unreserved federal
5701     lands.]
5702          [(e) "Regional board" means a regional grazing advisory board whose members are
5703     appointed under Section 4-20-1.6.]
5704          [(f) "Restricted account" means the Rangeland Improvement Account created in Section
5705     4-20-2.]
5706          [(g) "Sales" or "leases" mean the sale or lease, respectively, of isolated or disconnected
5707     tracts of public lands by the United States Secretary of Interior.]
5708          [(h) "State board" means the State Grazing Advisory Board created under Section
5709     4-20-1.5.]
5710          Section 217. Section 4-20-102 is enacted to read:
5711          4-20-102. Definitions.
5712          As used in this chapter:
5713          (1) "Cooperative weed management association" means a multigovernmental
5714     association cooperating to control noxious weeds in a geographic area that includes some
5715     portion of Utah.
5716          (2) "Fees" means the revenue collected by the United States secretary of interior from
5717     assessments on livestock using public lands.
5718          (3) "Grazing district" means an administrative unit of land:
5719          (a) designated by the commissioner as valuable for grazing and for raising forage
5720     crops; and
5721          (b) that consists of any combination of the following:
5722          (i) public lands;
5723          (ii) private land;
5724          (iii) state land; and
5725          (iv) school and institutional trust land as defined in Section 53C-1-103.
5726          (4) "Public lands" mean vacant, unappropriated, reserved, and unreserved federal
5727     lands.
5728          (5) "Regional board" means a regional grazing advisory board with members appointed
5729     under Section 4-20-104.

5730          (6) "Restricted account" means the Rangeland Improvement Account created in
5731     Section 4-20-105.
5732          (7) "Sales" or "leases" means the sale or lease, respectively, of isolated or disconnected
5733     tracts of public lands by the United States secretary of interior.
5734          (8) "State board" means the State Grazing Advisory Board created under Section
5735     4-20-103.
5736          Section 218. Section 4-20-103, which is renumbered from Section 4-20-1.5 is
5737     renumbered and amended to read:
5738          [4-20-1.5].      4-20-103. State Grazing Advisory Board -- Duties.
5739          (1) (a) There is created within the department the State Grazing Advisory Board.
5740          (b) The commissioner shall appoint the following members:
5741          (i) one member from each regional board;
5742          (ii) one member from the Conservation Commission, created in Section 4-18-104;
5743          (iii) one representative of the Department of Natural Resources;
5744          (iv) two livestock producers at-large; and
5745          (v) one representative of the oil, gas, or mining industry.
5746          (2) The term of office for a state board member is four years.
5747          (3) Members of the state board shall elect a chair, who shall serve for two years.
5748          (4) A member may not receive compensation or benefits for the member's service but
5749     may receive per diem and travel expenses in accordance with:
5750          (a) Section 63A-3-106;
5751          (b) Section 63A-3-107; and
5752          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
5753     63A-3-107.
5754          (5) The state board shall:
5755          (a) receive:
5756          (i) advice and recommendations from a regional board concerning:
5757          (A) management plans for public lands, state lands, and school and institutional trust
5758     lands as defined in Section 53C-1-103, within the regional board's region; and
5759          (B) any issue that impacts grazing on private lands, public lands, state lands, or school
5760     and institutional trust lands as defined in Section 53C-1-103, in its region; and

5761          (ii) requests for restricted account money from the entities described in Subsections
5762     (5)(c)(i) through (iv);
5763          (b) recommend state policy positions and cooperative agency participation in federal
5764     and state land management plans to the department and to the Public Lands Policy
5765     Coordinating Office, created under Section 63J-4-602; and
5766          (c) advise the department on the requests and recommendations of:
5767          (i) regional boards;
5768          (ii) county weed control boards, created in Section [4-17-4] 4-17-105;
5769          (iii) cooperative weed management associations; and
5770          (iv) conservation districts created under the authority of Title 17D, Chapter 3,
5771     Conservation District Act.
5772          Section 219. Section 4-20-104, which is renumbered from Section 4-20-1.6 is
5773     renumbered and amended to read:
5774          [4-20-1.6].      4-20-104. Regional grazing advisory boards -- Duties.
5775          (1) The commissioner shall appoint members to a regional board for each grazing
5776     district from nominations submitted by:
5777          (a) the Utah Cattlemen's Association;
5778          (b) the Utah [Woolgrower's] Woolgrowers Association;
5779          (c) the Utah Farm Bureau Federation; and
5780          (d) a conservation district, if the conservation district's boundaries include some
5781     portion of the grazing district.
5782          (2) Regional boards:
5783          (a) shall provide advice and recommendations to the state board; and
5784          (b) may receive money from the Rangeland Improvement Account created in Section
5785     [4-20-2] 4-20-105.
5786          (3) If a regional board receives money as authorized by Subsection (2)(b), the regional
5787     board shall elect a treasurer to expend the money:
5788          (a) as directed by the regional board; and
5789          (b) in accordance with Section [4-20-3] 4-20-106.
5790          Section 220. Section 4-20-105, which is renumbered from Section 4-20-2 is
5791     renumbered and amended to read:

5792          [4-20-2].      4-20-105. Rangeland Improvement Account -- Administered by
5793     department.
5794          (1) (a) There is created a restricted account within the General Fund known as the
5795     "Rangeland Improvement Account."
5796          (b) The restricted account shall consist of:
5797          (i) money received by the state from the United States Secretary of Interior under the
5798     Taylor Grazing Act, 43 U.S.C. Section 315 et seq., for sales, leases, and fees;
5799          (ii) grants or appropriations from the state or federal government; and
5800          (iii) grants from private foundations.
5801          (c) Interest earned on the restricted account shall be deposited into the General Fund.
5802          (2) The department shall:
5803          (a) administer the restricted account;
5804          (b) obtain from the United States Department of Interior the receipts collected from:
5805          (i) fees in each grazing district; and
5806          (ii) the receipts collected from the sale or lease of public lands; and
5807          (c) distribute restricted account money in accordance with Section [4-20-3] 4-20-106.
5808          Section 221. Section 4-20-106, which is renumbered from Section 4-20-3 is
5809     renumbered and amended to read:
5810          [4-20-3].      4-20-106. Rangeland Improvement Account distribution.
5811          (1) The department shall distribute restricted account money as provided in this
5812     section.
5813          (a) The department shall:
5814          (i) distribute pro rata to each school district the money received by the state under
5815     Subsection [4-20-2] 4-20-105(1)(b)(i) from the sale or lease of public lands based upon the
5816     amount of revenue generated from the sale or lease of public lands within the district; and
5817          (ii) ensure that all money generated from the sale or lease of public lands within a
5818     school district is credited and deposited to the general school fund of that school district.
5819          (b) (i) After the commissioner approves a request from a regional board, the
5820     department shall distribute pro rata to each regional board money received by the state under
5821     Subsection [4-20-2] 4-20-105(1)(b)(i) from fees based upon the amount of revenue generated
5822     from the imposition of fees within that grazing district.

5823          (ii) The regional board shall expend money received in accordance with Subsection (2).
5824          (c) (i) The department shall distribute or expend money received by the state under
5825     Subsections [4-20-2] 4-20-105(1)(b)(ii) and (iii) for the purposes outlined in Subsection (2).
5826          (ii) The department may require entities seeking funding from sources outlined in
5827     Subsections [4-20-2] 4-20-105(1)(b)(ii) and (iii) to provide matching funds.
5828          (2) The department shall ensure that restricted account distributions or expenditures
5829     under Subsections (1)(b) and (c) are used for:
5830          (a) range improvement and maintenance;
5831          (b) the control of predatory and depredating animals;
5832          (c) the control, management, or extermination of invading species, range damaging
5833     organisms, and poisonous or noxious weeds;
5834          (d) the purchase or lease of lands or a conservation easement for the benefit of a
5835     grazing district;
5836          (e) watershed protection, development, distribution, and improvement;
5837          (f) the general welfare of livestock grazing within a grazing district; and
5838          (g) subject to Subsection (3), costs to monitor rangeland improvement projects.
5839          (3) Annual account distributions or expenditures for the monitoring costs described in
5840     Subsection (2)(g) may not exceed 10% of the annual receipts of the fund.
5841          Section 222. Section 4-20-107, which is renumbered from Section 4-20-8 is
5842     renumbered and amended to read:
5843          [4-20-8].      4-20-107. Audit of grazing districts -- State auditor to coordinate
5844     with Department of Interior in conduct of audit.
5845          The state auditor is authorized to coordinate with the Department of Interior in auditing
5846     the books of the several advisory boards.
5847          Section 223. Section 4-20-108, which is renumbered from Section 4-20-9 is
5848     renumbered and amended to read:
5849          [4-20-9].      4-20-108. Commissioner to supervise distribution of undistributed
5850     funds if United States alters or discontinues funding leaving funds or resources available.
5851          If the United States alters or discontinues funding under the Taylor Grazing Act, 43
5852     U.S.C. Sec. 315 et seq., or the operation of advisory boards, leaving funds or other resources
5853     undistributed or otherwise without means for continuation, the commissioner shall supervise

5854     and control the distribution of such undistributed funds or other resources.
5855          Section 224. Section 4-20-109, which is renumbered from Section 4-20-10 is
5856     renumbered and amended to read:
5857          [4-20-10].      4-20-109. Promotion of multiple use of rangeland resources.
5858          (1) The department shall work cooperatively to promote efficient multiple-use
5859     management of the rangeland resources of the public lands administered by the federal Bureau
5860     of Land Management within the state to benefit the overall public interest.
5861          (2) The department may serve as an independent resource for mediating disputes
5862     concerning permit issues within the scope of Subsection (1).
5863          Section 225. Section 4-22-101 is enacted to read:
5864     
CHAPTER 22. DAIRY PROMOTION

5865          4-22-101. Title.
5866          This chapter is known as "Dairy Promotion."
5867          Section 226. Section 4-22-102, which is renumbered from Section 4-22-1 is
5868     renumbered and amended to read:
5869          [4-22-1].      4-22-102. Definitions.
5870          As used in this chapter:
5871          (1) "Commission" means the Utah Dairy Commission.
5872          (2) "Dealer" means any person who buys and processes raw milk or milk fat, or who
5873     acts as agent in the sale or purchase of raw milk or milk fat, or who acts as a broker or factor
5874     with respect to raw milk or milk fat or any product derived from either.
5875          (3) "Producer" means a person who produces milk or milk fat from cows and who sells
5876     it for human or animal consumption, or for medicinal or industrial uses.
5877          (4) "Producer-handler" means any producer who processes raw milk or milk fat.
5878          Section 227. Section 4-22-103, which is renumbered from Section 4-22-2 is
5879     renumbered and amended to read:
5880          [4-22-2].      4-22-103. Utah Dairy Commission created -- Composition -- Elected
5881     members -- Terms of elected members -- Qualifications for election.
5882          (1) There is created an independent state agency known as the Utah Dairy Commission.
5883          (2) The Utah Dairy Commission consists of 13 members as follows:
5884          (a) the commissioner of agriculture and food, or the commissioner's representative;

5885          (b) the dean of the College of Agriculture at Utah State University, or the dean's
5886     representative;
5887          (c) the president of the Utah Dairy Women's Association or the president of the Utah
5888     Dairy Women's Association's representative;
5889          (d) a member from District 1, northern Cache County, which member shall have a
5890     Cornish, Lewiston, Richmond/Cove, or Trenton mailing address;
5891          (e) a member from District 2, central Cache County and Rich County, which member
5892     shall have a Newton, Clarkston, Amalga, Smithfield, Benson, Hyde Park, Mendon, or
5893     Petersboro mailing address;
5894          (f) a member from District 3, southern Cache County, which member shall have a
5895     Logan, Providence, Nibley, Hyrum, Paradise, Wellsville, College Ward, Young Ward, or
5896     Millville mailing address;
5897          (g) a member from District 4, Box Elder County;
5898          (h) a member from District 5, Weber and Morgan Counties;
5899          (i) a member from District 6, Salt Lake, Davis, Utah, and Tooele Counties;
5900          (j) a member from District 7, Wasatch, Summit, Duchesne, Uintah, and Daggett
5901     Counties;
5902          (k) a member from District 8, Millard, Beaver, Iron, and Washington Counties;
5903          (l) a member from District 9, Sanpete, Carbon, Emery, Grand, Juab, and San Juan
5904     Counties; and
5905          (m) a member from District 10, Piute, Wayne, Kane, Garfield, and Sevier Counties.
5906          (3) The ex officio members listed in Subsections (2)(a) and (b) shall serve without a
5907     vote.
5908          (4) The members listed in Subsections (2)(d) through (m) shall be elected to four-year
5909     terms of office as provided in Section [4-22-6] 4-22-105.
5910          (5) Members shall enter office on July 1 of the year in which they are elected.
5911          (6) The commission, by two-thirds vote, may alter the boundaries comprising the
5912     districts established in this section to maintain equitable representation of active milk
5913     producers on the commission.
5914          (7) Each member shall be:
5915          (a) a citizen of the United States;

5916          (b) 26 years of age or older;
5917          (c) an active milk producer with five consecutive years experience in milk production
5918     within this state immediately preceding election; and
5919          (d) a resident of Utah and the district represented.
5920          Section 228. Section 4-22-104, which is renumbered from Section 4-22-3 is
5921     renumbered and amended to read:
5922          [4-22-3].      4-22-104. Commission -- Organization -- Quorum to transact
5923     business -- Vacancies -- Ineligibility to serve -- Compensation.
5924          (1) The members of the commission shall elect a chair, vice chair, and secretary from
5925     [among their number] the commission.
5926          (2) Attendance of a simple majority of the commission members at a called meeting
5927     shall constitute a quorum for the transaction of official business.
5928          (3) The commission shall meet:
5929          (a) at the time and place designated by the chair; and
5930          (b) no less often than once every three months.
5931          (4) Vacancies [which] that occur on the commission for any reason shall be filled for
5932     the unexpired term of the vacated member by appointment of a majority of the remaining
5933     members.
5934          (5) If a member moves from the district that [he] the member represents or ceases to
5935     act as a producer during [his] the member's term of office, [he] the member shall resign from
5936     the commission within 30 days after moving from the district or ceasing production.
5937          (6) A member may not receive compensation or benefits for the member's service, but
5938     may receive per diem and travel expenses in accordance with:
5939          (a) Section 63A-3-106;
5940          (b) Section 63A-3-107; and
5941          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
5942     63A-3-107.
5943          Section 229. Section 4-22-105, which is renumbered from Section 4-22-6 is
5944     renumbered and amended to read:
5945          [4-22-6].      4-22-105. Commission to conduct elections -- Nomination of
5946     candidates -- Expenses of election paid by commission.

5947          (1) (a) The commissioner shall administer all commission elections.
5948          (b) The commissioner shall mail a ballot to each producer within the district in which
5949     an election is to be held by May 15 of each election year.
5950          (c) The candidate who receives the highest number of votes cast in the candidate's
5951     district shall be elected.
5952          (d) The commissioner shall determine all questions of eligibility.
5953          (e) A ballot shall be postmarked by May 31 of an election year.
5954          (f) (i) All ballots received by the commissioner shall be counted and tallied by June 15.
5955          (ii) A member of the commission whose name appears on a ballot may not participate
5956     in counting or tallying the ballots.
5957          (2) Candidates for election to the commission shall be nominated, not later than April
5958     15, by a petition signed by [five] two or more producers who are residents of the district in
5959     which the election is to be held.
5960          (3) The names of all nominees shall be submitted to the commissioner on or before
5961     May 1 of each election year [in which an election is held].
5962          (4) All election expenses incurred by the commissioner shall be paid by the
5963     commission.
5964          Section 230. Section 4-22-106, which is renumbered from Section 4-22-4 is
5965     renumbered and amended to read:
5966          [4-22-4].      4-22-106. Commission powers, duties, and functions.
5967          The commission has and shall exercise the following functions, powers, and duties:
5968          (1) to employ and fix the salary of a full-time administrator, not a member of the
5969     commission, to administer the policies adopted, and perform the duties assigned, by the
5970     commission;
5971          (2) to conduct a campaign of research, nutritional education, and publicity, showing the
5972     value of milk, cream, and dairy products;
5973          (3) to encourage local, national, and international use of Utah dairy products and
5974     by-products, through advertising or otherwise;
5975          (4) to investigate and participate in studies of problems peculiar to producers in Utah
5976     and to take all actions consistent with this chapter to promote, protect, and stabilize the state
5977     dairy industry;

5978          (5) to sue and be sued, prosecute actions in the name of the state for the collection of
5979     the assessment imposed by Section [4-22-7] 4-22-201, enter into contracts, and incur
5980     indebtedness in furtherance of [its] the commission's business activities;
5981          (6) to cooperate with any local, state, or national organization engaged in activities
5982     similar to those of the commission;
5983          (7) to accept grants, donations, or gifts for use consistent with this chapter; and
5984          (8) to do all other things necessary for the efficient and effective management and
5985     operation of [its] the commission's business.
5986          Section 231. Section 4-22-107, which is renumbered from Section 4-22-4.5 is
5987     renumbered and amended to read:
5988          [4-22-4.5].      4-22-107. Exemption from certain operational requirements.
5989          The commission is exempt from:
5990          (1) Title 51, Chapter 5, Funds Consolidation Act;
5991          (2) Title 51, Chapter 7, State Money Management Act;
5992          (3) Title 63A, Utah Administrative Services Code;
5993          (4) Title 63J, Chapter 1, Budgetary Procedures Act; and
5994          (5) Title 67, Chapter 19, Utah State Personnel Management Act.
5995          Section 232. Section 4-22-108, which is renumbered from Section 4-22-5 is
5996     renumbered and amended to read:
5997          [4-22-5].      4-22-108. Commission may require surety bond -- Payment of
5998     premium.
5999          The commission may require the administrator, or any [of its] commission employees,
6000     to post a surety bond conditioned for the faithful performance of [their] the commission's
6001     official duties. The amount, form, and kind of such a bond shall be fixed by the commission
6002     and each bond premium shall be paid by the commission.
6003          Section 233. Section 4-22-201, which is renumbered from Section 4-22-7 is
6004     renumbered and amended to read:
6005     
Part 2. Assessment

6006          [4-22-7].      4-22-201. Assessment imposed on sale of milk or cream produced,
6007     sold, or contracted for sale in state -- Time of assessment -- Collection by dealer or
6008     producer-handler -- Penalty for delinquent payment or collection -- Statement to be given

6009     to producer.
6010          (1) An assessment of 10 cents is imposed upon each 100 pounds of milk or cream
6011     produced and sold, or contracted for sale, through commercial channels in this state.
6012          (2) The assessment shall be:
6013          (a) based upon daily or monthly settlements; and
6014          (b) due at a time set by the commission, which may not be later than the last day of the
6015     month next succeeding the month of sale.
6016          (3) (a) The assessment shall be:
6017          (i) assessed against the producer at the time the milk or milk fat is delivered for sale;
6018          (ii) deducted from the sales price; and
6019          (iii) collected by the dealer or producer-handler.
6020          (b) The proceeds of the assessment shall be paid directly to the commission who shall
6021     issue a receipt to the dealer or producer-handler.
6022          (c) If a dealer or producer-handler fails to remit the proceeds of the assessment or
6023     deduct the assessment on time, a penalty equal to 10% of the amount due shall be added to the
6024     assessment.
6025          (4) (a) At the time of payment of the assessment, the dealer or producer-handler shall
6026     deliver a statement to the producer calculating the assessment.
6027          (b) The commission may require other relevant information to be included in the
6028     statement.
6029          (5) If the mandatory assessment required by the Dairy and Tobacco Adjustment Act of
6030     1983, Pub. L. No. 98-180, 97 Stat. 1128 (1150.152), is abolished, a producer who objects to
6031     payment of the assessment imposed under this section[,] may, by January 31, submit a written
6032     request to the commission for a refund of the amount of the assessment the producer paid
6033     during the previous year.
6034          Section 234. Section 4-22-202, which is renumbered from Section 4-22-8 is
6035     renumbered and amended to read:
6036          [4-22-8].      4-22-202. Revenue from assessment used to promote dairy industry
6037     -- Deposit of funds -- Annual audit of books, records, and accounts -- Annual financial
6038     report to producers.
6039          (1) The revenue derived from the assessment imposed by Section [4-22-7] 4-22-201

6040     shall be used exclusively for the:
6041          (a) administration of this chapter; and
6042          (b) promotion of the state's dairy industry.
6043          (2) (a) A voucher, receipt, or other written record for each withdrawal from the Utah
6044     Dairy Commission Fund shall be kept by the commission.
6045          (b) No funds shall be withdrawn from the fund except upon order of the commission.
6046          (3) The commission may deposit the proceeds of the assessment in one or more
6047     accounts in one or more banks approved by the state as depositories.
6048          (4) The books, records, and accounts of the commission's activities are public records.
6049          (5) (a) The accounts of the commission shall be audited once annually by a licensed
6050     accountant selected by the commission and approved by the state auditor.
6051          (b) The results of the audit shall be submitted to the:
6052          (i) commissioner;
6053          (ii) commission; and
6054          (iii) Division of Finance.
6055          (c) It is the responsibility of the commission to send annually a financial report to each
6056     producer.
6057          Section 235. Section 4-22-203, which is renumbered from Section 4-22-8.5 is
6058     renumbered and amended to read:
6059          [4-22-8.5].      4-22-203. Additional assessment for government liaison and
6060     industry relations programs -- Exemption from the assessment.
6061          (1) In addition to the assessment provided in Section [4-22-7] 4-22-201, an assessment
6062     of three-fourths of one cent is imposed upon each 100 pounds of milk or cream produced and
6063     sold, or contracted for sale, through commercial channels in this state for the purposes
6064     specified in Subsection (3).
6065          (2) The three-fourths of one cent assessment shall be paid in the same manner as the
6066     assessment required by Section [4-22-7] 4-22-201.
6067          (3) The commission shall use the revenue derived from the three-fourths of one cent
6068     assessment imposed by this section to contract out for services and expenses of government
6069     liaison and industry relations programs created to stabilize and protect the state's dairy industry
6070     and the health and welfare of the public.

6071          (4) A producer who objects to payment of the assessment imposed by this section may,
6072     by January 31, submit a written request to the commission to be exempted from payment of the
6073     assessment for that year. By January 1 each year, the commission shall send to each person
6074     subject to the assessment a postage-paid, self-addressed postcard [to each person subject to the
6075     assessment] which may be returned to request an exemption.
6076          Section 236. Section 4-22-301, which is renumbered from Section 4-22-9 is
6077     renumbered and amended to read:
6078     
Part 3. Liability and Enforcement

6079          [4-22-9].      4-22-301. State disclaimer of liability.
6080          The state is not liable for the acts or omissions of the commission, [its] commission
6081     officers, agents, or employees.
6082          Section 237. Section 4-22-302, which is renumbered from Section 4-22-9.5 is
6083     renumbered and amended to read:
6084          [4-22-9.5].      4-22-302. Commission not eligible for coverage under Risk
6085     Management Fund.
6086          The commission is not eligible to receive coverage under the Risk Management Fund
6087     created under Section 63A-4-201.
6088          Section 238. Section 4-22-303, which is renumbered from Section 4-22-10 is
6089     renumbered and amended to read:
6090          [4-22-10].      4-22-303. Enforcement -- Inspection of books and records of dealer
6091     or producer-handler.
6092          The commission at reasonable times may enter upon the premises and inspect the
6093     records of any dealer or producer-handler for the purpose of enforcing this chapter.
6094          Section 239. Section 4-23-101, which is renumbered from Section 4-23-1 is
6095     renumbered and amended to read:
6096     
CHAPTER 23. AGRICULTURAL AND WILDLIFE DAMAGE PREVENTION ACT

6097          [4-23-1].      4-23-101. Title.
6098          This chapter [shall be] is known [and may be cited] as the "Agricultural and Wildlife
6099     Damage Prevention Act."
6100          Section 240. Section 4-23-102, which is renumbered from Section 4-23-2 is
6101     renumbered and amended to read:

6102          [4-23-2].      4-23-102. Purpose declaration.
6103          The Legislature finds and declares that it is important to the economy of the state to
6104     maintain agricultural production at [its] the highest possible level and at the same time, to
6105     promote, to protect, and preserve the wildlife resources of the state.
6106          Section 241. Section 4-23-103, which is renumbered from Section 4-23-3 is
6107     renumbered and amended to read:
6108          [4-23-3].      4-23-103. Definitions.
6109          As used in this chapter:
6110          (1) "Agricultural crops" means any product of cultivation;
6111          (2) "Board" means the Agricultural and Wildlife Damage Prevention Board;
6112          (3) "Bounty" means the monetary compensation paid to persons for the harvest of
6113     predatory or depredating animals;
6114          (4) "Damage" means any injury or loss to livestock, poultry, agricultural crops, or
6115     wildlife inflicted by predatory or depredating animals or depredating birds;
6116          (5) "Depredating animal" means a field mouse, gopher, ground squirrel, jack rabbit,
6117     raccoon, or prairie dog;
6118          (6) "Depredating bird" means a Brewer's blackbird or starling;
6119          (7) "Livestock" means cattle, horses, mules, sheep, goats, and swine;
6120          (8) "Predatory animal" means any coyote; and
6121          (9) "Wildlife" means any form of animal life generally living in a state of nature,
6122     except a predatory animal or a depredating animal or bird.
6123          Section 242. Section 4-23-104, which is renumbered from Section 4-23-4 is
6124     renumbered and amended to read:
6125          [4-23-4].      4-23-104. Agricultural and Wildlife Damage Prevention Board
6126     created -- Composition -- Appointment -- Terms -- Vacancies -- Compensation.
6127          (1) There is created an Agricultural and Wildlife Damage Prevention Board composed
6128     of the commissioner and the director of the Division of Wildlife Resources[,] who shall serve,
6129     respectively, as the board's chair and vice chair[,] together with seven other members appointed
6130     by the governor to four-year terms of office as follows:
6131          (a) one sheep producer representing wool growers of the state;
6132          (b) one cattle producer representing range cattle producers of the state;

6133          (c) one person from the United States Department of Agriculture;
6134          (d) one agricultural landowner representing agricultural landowners of the state;
6135          (e) one person representing wildlife interests in the state;
6136          (f) one person from the United States Forest Service; and
6137          (g) one person from the United States Bureau of Land Management.
6138          (2) Appointees' term of office shall commence June 1.
6139          (3) (a) Except as required by Subsection (3)(b), as terms of current board members
6140     expire, the governor shall appoint each new member or reappointed member to a four-year
6141     term.
6142          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
6143     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
6144     board members are staggered so that approximately half of the board is appointed every two
6145     years.
6146          (4) When a vacancy occurs in the membership for any reason, the replacement shall be
6147     appointed for the unexpired term.
6148          (5) (a) Attendance of five members at a duly called meeting shall constitute a quorum
6149     for the transaction of official business.
6150          (b) The board shall convene at the times and places prescribed by the chair or vice
6151     chair.
6152          (6) A member may not receive compensation or benefits for the member's service, but
6153     may receive per diem and travel expenses in accordance with:
6154          (a) Section 63A-3-106;
6155          (b) Section 63A-3-107; and
6156          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
6157     63A-3-107.
6158          Section 243. Section 4-23-105, which is renumbered from Section 4-23-5 is
6159     renumbered and amended to read:
6160          [4-23-5].      4-23-105. Board responsibilities -- Damage prevention policy --
6161     Rules -- Methods to control predators and depredating birds and animals.
6162          (1) The board is responsible for the formulation of the agricultural and wildlife damage
6163     prevention policy of the state and [in conjunction with its responsibility] may, consistent with

6164     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, adopt rules to implement [its] the
6165     agricultural and wildlife damage prevention policy which shall be administered by the
6166     department.
6167          (2) In [its] the board's policy deliberations the board shall:
6168          (a) specify programs designed to prevent damage to livestock, poultry, and agricultural
6169     crops; and
6170          (b) specify methods for the prevention of damage and for the selective control of
6171     predators and depredating birds and animals including hunting, trapping, chemical toxicants,
6172     and the use of aircraft.
6173          (3) The board may also:
6174          (a) specify bounties on designated predatory animals and recommend procedures for
6175     the payment of bounty claims, recommend bounty districts, recommend persons not authorized
6176     to receive bounty, and recommend to the department other actions [it] the board's considers
6177     advisable for the enforcement of [its] the board's policies; and
6178          (b) cooperate with federal, state, and local governments, educational institutions, and
6179     private persons or organizations, through agreement or otherwise, to effectuate [its] the board's
6180     policies.
6181          Section 244. Section 4-23-106, which is renumbered from Section 4-23-6 is
6182     renumbered and amended to read:
6183          [4-23-6].      4-23-106. Department to issue licenses and permits -- Department to
6184     issue aircraft use permits -- Reports.
6185          (1) The department is responsible for the issuance of permits and licenses for the
6186     purposes of the federal Fish and Wildlife Act of 1956. [No]
6187          (2) (a) A state agency or private person [shall] may not use any aircraft for the
6188     prevention of damage without first obtaining a use permit from the department.
6189          (b) A state agency [which] that contemplates the use of aircraft for the protection of
6190     agricultural crops, livestock, poultry, or wildlife shall file an application with the department
6191     for an aircraft use permit to enable the agency to issue licenses to personnel within the agency
6192     charged with the responsibility to protect such resources. [Persons]
6193          (c) A person who [desire] desires to use privately owned aircraft for the protection of
6194     land, water, crops, wildlife, or livestock may not engage in any such protective activity without

6195     first obtaining an aircraft permit from the department.
6196          (d) Agencies and private persons [which] that obtain aircraft use permits shall file such
6197     reports with the department as it deems necessary in the administration of its licensing
6198     authority.
6199          Section 245. Section 4-23-107, which is renumbered from Section 4-23-7 is
6200     renumbered and amended to read:
6201          [4-23-7].      4-23-107. Annual fees on sheep, goats, cattle, and turkeys --
6202     Determination by board -- Collection methods.
6203          (1) To assist the department in meeting the annual expense of administering this
6204     chapter, the following annual predator control fees are imposed upon animals owned by
6205     persons whose interests this chapter is designed to protect:
6206     Sheep and goats (except on farm dairy
6207     goats or feeder lambs).........................................................................................
at least $.70 but not

6208     
more than $1 per head

6209     Cattle (except on farm dairy cattle).....................................................................
at least $.15 but not

6210     
more than $.50 per head

6211     Turkeys (breeding stock only).............................................................................
at least $.05 but not

6212     
more than $.10 per head

6213          (2) The amount of the fees imposed upon each category of animals specified in this
6214     section shall be determined by the board annually on or before January 1 of each year.
6215          (3) (a) Fee brand inspected cattle are subject to a predator control fee upon change of
6216     ownership or slaughter.
6217          (b) The fee shall be collected by the local brand inspector at the time of the inspection
6218     of cattle, or withheld and paid by the market from proceeds derived from the sale of the cattle.
6219          (c) Cattle that are fee brand inspected prior to confinement to a feedlot are not subject
6220     to any subsequent predator control fee.
6221          (4) (a) Fleece of sheared sheep is subject to a predator control fee upon sale of the
6222     fleece.
6223          (b) (i) The fee shall be withheld and paid by the marketing agency or purchaser of wool
6224     from proceeds derived from the sale of the fleece.
6225          (ii) The department shall enter into cooperative agreements with in-state and

6226     out-of-state wool warehouses and wool processing facilities for the collection of predator
6227     control fees on the fleece of sheep that graze on private or public range in the state.
6228          (c) The fee shall be based on the number of pounds of wool divided by 10 pounds for
6229     white face sheep and five pounds for black face sheep.
6230          (5) Predator control fees on turkey breeding stock shall be paid by the turkey
6231     cooperative.
6232          (6) (a) Livestock owners shall pay a predator control fee on any livestock that uses
6233     public or private range in the state which is not otherwise subject to the fee under Subsection
6234     (3) or (4).
6235          (b) By January 1, the commissioner shall mail to each owner of livestock specified in
6236     Subsection (6)(a) a reporting form requiring sufficient information on the type and number of
6237     livestock grazed in the state and indicating the fee imposed for each category of livestock.
6238          (c) Each owner shall file the completed form and the appropriate fee with the
6239     commissioner before April 1.
6240          (d) If any person who receives the reporting form fails to return the completed form
6241     and the imposed fee as required, the commissioner is authorized to commence suit through the
6242     office of the attorney general, in a court of competent jurisdiction, to collect the imposed fee,
6243     the amount of which shall be as determined by the commissioner.
6244          (7) All fees collected under this section shall be remitted to the department and
6245     deposited in the Agricultural and Wildlife Damage Prevention Account.
6246          Section 246. Section 4-23-108, which is renumbered from Section 4-23-7.5 is
6247     renumbered and amended to read:
6248          [4-23-7.5].      4-23-108. Agricultural and Wildlife Damage Prevention Account.
6249          (1) There is created in the General Fund a restricted account known as the Agricultural
6250     and Wildlife Damage Prevention Account.
6251          (2) Money received under Section [4-23-7] 4-23-107 shall be deposited by the
6252     commissioner [of agriculture and food in] into the Agricultural and Wildlife Damage
6253     Prevention Account to be appropriated for the purposes provided in this chapter.
6254          (3) Any supplemental contributions received by the department from livestock owners
6255     for predator control programs shall be deposited into the Agricultural and Wildlife Damage
6256     Prevention Account.

6257          Section 247. Section 4-23-109, which is renumbered from Section 4-23-8 is
6258     renumbered and amended to read:
6259          [4-23-8].      4-23-109. Proceeds of sheep fee -- Refund of sheep fees -- Annual
6260     audit of books, records, and accounts.
6261          (1) (a) Subject to the other provisions of this Subsection (1), the commissioner may
6262     spend an amount each year from the proceeds collected from the fee imposed on sheep for the
6263     promotion, advancement, and protection of the sheep interests of the state.
6264          (b) The amount described in Subsection (1)(a) shall be the equivalent to an amount
6265     that:
6266          (i) equals or exceeds 18 cents per head; and
6267          (ii) equals or is less than 25 cents per head.
6268          (c) The commissioner shall set the amount described in Subsection (1)(a):
6269          (i) on or before January 1 of each year; and
6270          (ii) in consultation with one or more statewide organizations that represent persons
6271     who grow wool.
6272          (d) A sheep fee is refundable in an amount equal to that part of the fee used to promote,
6273     advance, or protect sheep interests.
6274          (e) A refund claim shall be filed with the department on or before January 1 of the year
6275     immediately succeeding the year for which the fee was paid.
6276          (f) A refund claim shall be certified by the department to the state treasurer for
6277     payment from the Agricultural and Wildlife Damage Prevention Account created in Section
6278     [4-23-7.5] 4-23-108.
6279          (2) Any expense incurred by the department in administering refunds shall be paid
6280     from funds allocated for the promotion, advancement, and protection of the sheep interests of
6281     the state.
6282          (3) (a) The books, records, and accounts of the Utah Woolgrowers Association, or any
6283     other organization which receives funds from the agricultural and wildlife damage prevention
6284     account, for the purpose of promoting, advancing, or protecting the sheep interests of the state,
6285     shall be audited at least once annually by a licensed accountant.
6286          (b) The results of this audit shall be submitted to the commissioner.
6287          Section 248. Section 4-23-110, which is renumbered from Section 4-23-10 is

6288     renumbered and amended to read:
6289          [4-23-10].      4-23-110. Applicability of chapter.
6290          This chapter, unless contrary to a federal statute, shall apply to all federal, state, and
6291     private lands.
6292          Section 249. Section 4-23-111, which is renumbered from Section 4-23-11 is
6293     renumbered and amended to read:
6294          [4-23-11].      4-23-111. Holding a raccoon or coyote in captivity prohibited --
6295     Penalty.
6296          (1) No person may hold in captivity a raccoon or coyote, except as provided by rules of
6297     the Agricultural and Wildlife Damage Prevention Board.
6298          (2) The Division of Wildlife Resources, with the cooperation of the [Department of
6299     Agriculture and Food] department and the Department of Health, shall enforce this section.
6300          (3) Any violation of this section is a class B misdemeanor.
6301          [(4) This section does not prohibit a person from continuing to keep a raccoon or
6302     coyote that he owns as of the effective date of this act.]
6303          Section 250. Section 4-24-101, which is renumbered from Section 4-24-1 is
6304     renumbered and amended to read:
6305     
CHAPTER 24. UTAH LIVESTOCK BRAND AND ANTI-THEFT ACT

6306     
Part 1. Administration and Board

6307          [4-24-1].      4-24-101. Title.
6308          This chapter [shall be known and may be cited] is known as the "Utah Livestock Brand
6309     and Anti-Theft Act."
6310          Section 251. Section 4-24-102, which is renumbered from Section 4-24-2 is
6311     renumbered and amended to read:
6312          [4-24-2].      4-24-102. Definitions.
6313          As used in this chapter:
6314          (1) "Brand" means any identifiable mark applied to livestock which is intended to show
6315     ownership.
6316          (2) "Carcass" means any part of the body of an animal, including [hides,] entrails[,] and
6317     edible meats.
6318          (3) "Domesticated elk" [shall have the meaning as] means the same as that term is

6319     defined in Section 4-39-102.
6320          (4) "Hide" means any skins or wool removed from livestock.
6321          (5) "Livestock" means cattle, calves, horses, mules, sheep, goats, hogs, or domesticated
6322     elk.
6323          (6) (a) "Livestock market" means a public market place consisting of pens or other
6324     enclosures where cattle, calves, horses, or mules are received on consignment and kept for
6325     subsequent sale, either through public auction or private sale.
6326          (b) "Livestock market" does not mean:
6327          (i) a place used solely for liquidation of livestock by a farmer, dairyman, livestock
6328     breeder, or feeder who is going out of business; or
6329          (ii) a place where an association of livestock breeders under [its] the association's own
6330     management, offers registered livestock or breeding sires for sale and assumes all
6331     responsibility for the sale, guarantees title to the livestock or sires sold, and arranges with the
6332     department for brand inspection of all animals sold.
6333          (7) "Mark" means any [dulap, waddle, or] cutting and shaping of the ears or brisket
6334     area of livestock which is intended to show ownership.
6335          (8) "Open range" means land upon which cattle, sheep, or other domestic animals are
6336     grazed or permitted to roam by custom, license, lease, or permit.
6337          [(8)] (9) "Slaughterhouse" means any building, plant, or establishment where animals
6338     are [killed] harvested, dressed, or processed and their meat or meat products [offered for sale]
6339     produced for human consumption.
6340          Section 252. Section 4-24-103, which is renumbered from Section 4-24-3 is
6341     renumbered and amended to read:
6342          [4-24-3].      4-24-103. Department authorized to make and enforce rules.
6343          The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
6344     Rulemaking Act, to make and enforce [such] rules as [in its judgment are] necessary to
6345     administer and enforce this chapter.
6346          Section 253. Section 4-24-104, which is renumbered from Section 4-24-4 is
6347     renumbered and amended to read:
6348          [4-24-4].      4-24-104. Livestock Brand Board created -- Composition -- Terms
6349     -- Removal -- Quorum for transaction of business -- Compensation -- Duties.

6350          (1) There is created the Livestock Brand Board consisting of seven members appointed
6351     by the governor as follows:
6352          (a) four cattle ranchers recommended by the Utah Cattlemen's Association, one of
6353     whom shall be a feeder operator;
6354          (b) one dairyman recommended by the Utah Dairymen's Association;
6355          (c) one livestock market operator recommended jointly by the Utah Cattlemen's
6356     Association and the Utah Dairymen's Association and the Livestock Market Association; and
6357          (d) one horse breeder recommended by the Utah Horse Council.
6358          (2) If a nominee is rejected by the governor, the recommending association shall
6359     submit another nominee.
6360          (3) (a) Except as required by Subsection (3)(b), as terms of current board members
6361     expire, the governor shall appoint each new member or reappointed member to a four-year
6362     term.
6363          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
6364     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
6365     board members are staggered so that approximately half of the board is appointed every two
6366     years.
6367          (4) (a) A member may, at the discretion of the governor, be removed at the request of
6368     the association that recommended the appointment.
6369          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
6370     appointed for the unexpired term.
6371          (5) One member elected by the board shall serve as chair for a term of one year and be
6372     responsible for the call and conduct of meetings of the Livestock Brand Board. Attendance of
6373     a simple majority of the members at a duly called meeting shall constitute a quorum for the
6374     transaction of official business.
6375          (6) A member may not receive compensation or benefits for the member's service, but
6376     may receive per diem and travel expenses in accordance with:
6377          (a) Section 63A-3-106;
6378          (b) Section 63A-3-107; and
6379          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
6380     63A-3-107.

6381          (7) The Livestock Brand Board with the cooperation of the department shall direct the
6382     procedures and policies to be followed in administering and enforcing this chapter.
6383          Section 254. Section 4-24-105, which is renumbered from Section 4-24-30 is
6384     renumbered and amended to read:
6385          [4-24-30].      4-24-105. Commission to appoint supervisor for brand inspection --
6386     Appointment subject to approval -- Salary.
6387          (1) The commissioner shall appoint a state supervisor for livestock brand inspection,
6388     [but such appointment is] subject to the approval of the Livestock Brand Board.
6389          (2) The salary or compensation of the supervisor shall be fixed in accordance with
6390     standards adopted by the Division of Finance.
6391          Section 255. Section 4-24-201, which is renumbered from Section 4-24-5 is
6392     renumbered and amended to read:
6393     
Part 2. Brand and Marks

6394          [4-24-5].      4-24-201. Central Brand and Mark Registry -- Division of state into
6395     mark districts -- Identical or confusingly similar brands -- Publication of registered
6396     brands and marks.
6397          (1) The department shall maintain a central Brand and Mark Registry which shall list
6398     each brand or mark recorded in this state. For each brand or mark registered the list shall
6399     specify:
6400          (a) the name and address of the registrant;
6401          (b) a facsimile of the brand recorded or a diagram showing the kind of mark recorded;
6402          (c) the location of the brand or mark upon the animal; and
6403          (d) the date the brand or mark is filed in the registry.
6404          (2) The commissioner may divide the state into districts for the purpose of recording
6405     marks but no mark [which in the opinion of the commissioner] that is identical or confusingly
6406     similar to a mark previously recorded in a district shall be recorded.
6407          (3) (a) No brand [which in the opinion of the commissioner] that is identical or
6408     confusingly similar to a brand previously filed in the central brand and mark registry shall be
6409     recorded.
6410          (b) If [it appears that two or more] two or more brands or marks appear identical or
6411     confusingly similar [brands or marks have been recorded,]:

6412          (i) the brand or mark first recorded shall prevail over a later conflicting brand or mark;
6413     [in which event,] and
6414          (ii) the later brand or mark shall be cancelled and all recording fees refunded to the
6415     owner.
6416          (4) (a) The commissioner shall publish from time to time a list of all brands and marks
6417     recorded in the central Brand and Mark Registry and may issue supplements to such
6418     publication containing additional brands and marks or changes in ownership of brands and
6419     marks recorded after the last publication.
6420          (b) The brand book shall contain a facsimile of all brands and marks recorded together
6421     with the owner's name and address.
6422          (c) The commissioner shall send one copy of the brand book and each supplement to
6423     each brand inspector, county clerk, county sheriff, livestock organization, and any other person
6424     deemed appropriate.
6425          (d) Brand books and supplements shall be available to the public at the cost of printing
6426     and distribution per book or supplement.
6427          Section 256. Section 4-24-202, which is renumbered from Section 4-24-7 is
6428     renumbered and amended to read:
6429          [4-24-7].      4-24-202. Recordation of brand or mark.
6430          (1) (a) Application for a recorded brand or mark shall be made to the department upon
6431     forms prescribed and furnished by [it] the department.
6432          (b) The application shall contain such information as the commissioner prescribes.
6433          (c) No application shall be approved without payment of the appropriate recording fee.
6434          (d) Upon receipt of a proper application, payment of the recording fee, and recordation
6435     of the brand or mark in the central Brand or Mark Registry of the department, the
6436     commissioner shall issue the applicant a certified copy of recording [which] that entitles the
6437     applicant to the exclusive use of the brand or mark recorded.
6438          (2) (a) Each recorded brand or mark filed with the central Brand and Mark Registry
6439     shall expire during the calendar year 1980, and during each fifth year thereafter.
6440          (b) The department shall give notice in writing to all persons who are owners of
6441     recorded brands and marks within a reasonable time prior to the date of expiration of
6442     recordation.

6443          (c) Brand or mark renewal is effected by filing an appropriate application with the
6444     department together with payment of the renewal fee.
6445          (d) A recorded brand or mark, not timely renewed, shall lapse and be removed from the
6446     central Brand and Mark Registry.
6447          Section 257. Section 4-24-203, which is renumbered from Section 4-24-8 is
6448     renumbered and amended to read:
6449          [4-24-8].      4-24-203. Fees for recordation, transfer, renewal, and certified
6450     copies of brands and marks.
6451          (1) The department, with the approval of the Livestock Brand Board, shall charge and
6452     collect fees for the recordation, transfer, and renewal of any brand or mark in each position, and
6453     may charge a fee for a certified copy of the recordation.
6454          (2) The fees shall be determined by the department pursuant to Subsection [4-2-2]
6455     4-2-103(2).
6456          Section 258. Section 4-24-204, which is renumbered from Section 4-24-9 is
6457     renumbered and amended to read:
6458          [4-24-9].      4-24-204. Effect of recorded brand or mark -- Transfer --
6459     Reservation of certain brands.
6460          [The] (1) Except as provided in Subsection (2), the owner of a recorded brand or mark
6461     has a vested property right in [it which] the brand or mark that is transferable by a duly
6462     acknowledged instrument[;], provided[,] that a transferee has no rights in the brand or mark
6463     until the instrument of transfer is recorded with the department. [No]
6464          (2) Notwithstanding any other provision of this chapter:
6465          (a) no person [however,] other than a member of the Ute Indian Tribe has any vested
6466     property right in the brand "ID" which is reserved exclusively for use by members of the Ute
6467     Indian Tribe on the Uintah and Ouray Reservation; and
6468          (b) no person other than a member of the Navajo Indian Tribe has any vested right in
6469     the brand "- N" (Bar N) which is reserved exclusively for use by members of the Navajo Indian
6470     Tribe on the Navajo Indian Reservation [so] as long as it appears on the left shoulder of the
6471     animal branded.
6472          (3) The left jaw of cattle is reserved exclusively for use by the department to identify
6473     diseased cattle.

6474          Section 259. Section 4-24-205, which is renumbered from Section 4-24-10 is
6475     renumbered and amended to read:
6476          [4-24-10].      4-24-205. Livestock on open range or outside enclosure to be
6477     marked or branded -- Cattle upon transfer of ownership to be marked or branded --
6478     Exceptions.
6479          (1) (a) Except as provided in Subsections (1)(b) and (c), no livestock shall forage upon
6480     an open range in this state or outside an enclosure unless they bear a brand or mark recorded in
6481     accordance with this chapter.
6482          (b) Swine, goats, and unweaned calves or colts are not required to bear a brand or mark
6483     to forage upon open range or outside an enclosure.
6484          (c) Domesticated elk may not forage upon open range or outside an enclosure under
6485     any circumstances as provided in Chapter 39, Domesticated Elk Act.
6486          (2) (a) Except as provided in Subsection (2)(b), all cattle, upon sale or other transfer of
6487     ownership, shall be branded or marked with the recorded brand or mark of the new owner
6488     within 30 days after transfer of ownership.
6489          (b) No branding or marking, upon change of ownership, is required within the 30-day
6490     period for:
6491          (i) unweaned calves;
6492          (ii) registered or certified cattle;
6493          (iii) youth project calves, if the number transferred is less than five; or
6494          (iv) dairy cattle held on farms.
6495          Section 260. Section 4-24-301, which is renumbered from Section 4-24-6 is
6496     renumbered and amended to read:
6497     
Part 3. Inspections

6498          [4-24-6].      4-24-301. State may be divided into brand inspection districts --
6499     Description filed with county clerk and sheriff.
6500          (1) The commissioner, to facilitate and improve brand inspection, may divide the state
6501     into brand inspection districts.
6502          (2) A description covering each district shall be filed by the department with each
6503     county clerk and county sheriff in the state.
6504          (3) District boundaries may be changed as considered necessary by the commissioner,

6505     with the approval of the Livestock Brand Board.
6506          (4) Brand inspection stations within brand inspection districts may be located and
6507     established by the commissioner to assist in the enforcement of this chapter.
6508          Section 261. Section 4-24-302, which is renumbered from Section 4-24-11 is
6509     renumbered and amended to read:
6510          [4-24-11].      4-24-302. Certificate of brand inspection necessary to carry out
6511     change of ownership -- Exception.
6512          (1) Except as provided in Subsection (2), the ownership of cattle, horses, domesticated
6513     elk, or mules may not be transferred to any other person, through sale or otherwise, without a
6514     certificate of brand inspection issued by a department brand inspector.
6515          (2) (a) A brand inspection is not required to transfer ownership of dairy calves from the
6516     farm of origin under 60 days of age.
6517          (b) Any person who transports dairy calves that have not been brand inspected pursuant
6518     to Subsection (2)(a) shall be required to show a sales invoice upon request.
6519          Section 262. Section 4-24-303, which is renumbered from Section 4-24-12 is
6520     renumbered and amended to read:
6521          4-24-12.      4-24-303. Livestock -- Verification of ownership through brand
6522     inspection -- Issuance of certificate of brand inspection -- Brand inspector may demand
6523     evidence of ownership -- Brand inspection of livestock seized by the federal government
6524     prohibited -- Exception.
6525          (1) A brand inspector, as an agent of the department, shall verify livestock ownership
6526     by conducting a brand inspection during daylight hours.
6527          (2) After conducting the brand inspection, the brand inspector, if satisfied that the
6528     livestock subject to inspection bears registered brands or marks owned by the owner of the
6529     livestock, shall issue a brand inspection certificate to the owner or owner's agent.
6530          (3) The brand inspector shall record the number, sex, breed, and brand or mark on each
6531     animal inspected together with the owner's name.
6532          (4) If any livestock subject to inspection bears a brand or mark other than that of the
6533     owner, or[,] if no brand or mark appears on such livestock, the brand inspector may demand
6534     evidence of ownership [such as a bill of sale or other evidence of ownership] before issuing a
6535     brand inspection certificate.

6536          (5) A brand inspector may not issue a brand inspection certificate for any privately
6537     owned livestock seized by the federal government unless:
6538          (a) the brand inspector receives consent from the livestock's owner;
6539          (b) the owner is unknown; or
6540          (c) the brand inspector receives a copy of a court order authorizing the seizure.
6541          Section 263. Section 4-24-304, which is renumbered from Section 4-24-13 is
6542     renumbered and amended to read:
6543          [4-24-13].      4-24-304. Brand inspection required before slaughter -- Exceptions.
6544          (1) Except as provided in Subsection (2), a brand inspection is required before any
6545     cattle, calves, horses, domesticated elk, or mules are slaughtered.
6546          (2) A person may slaughter cattle, calves, horses, or mules for that person's own use
6547     without a brand inspection if the requirements of [Subsection 4-32-4(2)] Section 4-32-106 are
6548     met.
6549          Section 264. Section 4-24-305, which is renumbered from Section 4-24-14 is
6550     renumbered and amended to read:
6551          [4-24-14].      4-24-305. Transportation by air or rail -- Brand inspection required
6552     -- Application for brand inspection -- Time and place of inspection.
6553          (1) Except as provided in Subsection (2), no person may offer, or railroad or airline
6554     company accept, any cattle, calves, horses, domesticated elk, or mules for transport until they
6555     have been brand inspected.
6556          (2) Before cattle, calves, horses, domesticated elk, or mules are transported by rail or
6557     air, the shipper shall:
6558          (a) request the department to inspect the brands and marks of the animals being
6559     transported; and
6560          (b) specify the time and place where the animals may be inspected.
6561          [(3) Cattle, calves, horses, domesticated elk, or mules transported by rail or air shall be
6562     brand inspected:]
6563          [(a) at a stockyard or at the initial point of shipment; or]
6564          [(b) if approved by the department, at a point or station along the transportation route.]
6565          [(4) The department shall conduct the inspection at the time and place specified by the
6566     shipper or at any other time and place as determined by the department.]

6567          Section 265. Section 4-24-306, which is renumbered from Section 4-24-15 is
6568     renumbered and amended to read:
6569          [4-24-15].      4-24-306. Movement across state line -- Brand inspection required
6570     -- Exception -- Request for brand inspection -- Time and place of inspection.
6571          (1) Except as provided in Subsection (2), a person may not drive or transport any cattle,
6572     calves, horses, domesticated elk, or mules from any place within this state to a place outside
6573     this state until they have been brand inspected.
6574          (2) Subsection (1) does not apply if the animals specified in Subsection (1) customarily
6575     forage on an open range which transgresses the Utah state line and that of an adjoining state.
6576          (3) The owner or person responsible for driving or transporting the animals shall[: (a)]
6577     request the department to inspect the brands and marks of the animals to be moved[; and].
6578          [(b) specify the time and place where the animals may be inspected.]
6579          (4) The department shall conduct the inspection at the time and place [specified by the
6580     owner or responsible person or at any other time and place as] determined by the department.
6581          Section 266. Section 4-24-307, which is renumbered from Section 4-24-17 is
6582     renumbered and amended to read:
6583          [4-24-17].      4-24-307. Transportation of sheep, cattle, domesticated elk, horses,
6584     or mules -- Brand certificate or other evidence of ownership required -- Transit permit --
6585     Contents.
6586          (1) No person may transport any sheep, cattle, horses, domesticated elk, or mules
6587     without having an official state brand certificate or other proof of ownership in his possession.
6588          (2) Each person transporting livestock for another person shall have a transit permit
6589     signed by the owner or the owner's authorized agent specifying the:
6590          (a) name of the person driving the vehicle;
6591          (b) date of transportation;
6592          (c) place of origin or loading;
6593          (d) destination;
6594          (e) date of issuance; [and]
6595          (f) number of animals being transported[.]; and
6596          (g) full description of an animal being transported.
6597          Section 267. Section 4-24-308, which is renumbered from Section 4-24-21 is

6598     renumbered and amended to read:
6599          [4-24-21].      4-24-308. Brand inspection fees.
6600          (1) The department with the approval of the Livestock Brand Board may set and collect
6601     a fee for the issuance of any certificate of brand inspection.
6602          (2) Brand inspection fees incurred for the inspection of such animals at a livestock
6603     market may be withheld by the market and paid from the proceeds derived from their sale.
6604          (3) The fee shall be determined by the department pursuant to Subsection [4-2-2]
6605     4-2-103(2).
6606          Section 268. Section 4-24-309, which is renumbered from Section 4-24-16.3 is
6607     renumbered and amended to read:
6608          [4-24-16.3].      4-24-309. Livestock emergency.
6609          (1) As used in this section, "livestock emergency" means:
6610          (a) the presence of a contagious, infectious, or transmissible disease risk to livestock;
6611     or
6612          (b) a natural disaster which may affect livestock.
6613          (2) During a livestock emergency, the department may require a person transporting
6614     livestock to present the livestock for brand inspection.
6615          Section 269. Section 4-24-401, which is renumbered from Section 4-24-18 is
6616     renumbered and amended to read:
6617     
Part 4. Sale, Transfer, and Travel

6618          [4-24-18].      4-24-401. Hides and pelts -- Bill of sale to accompany purchase --
6619     Purchaser to maintain records -- Hides and records examination and inspection.
6620          (1) (a) Any person who buys a hide or pelt shall secure a bill of sale from the seller.
6621          (b) The bill of sale shall be executed in duplicate[;] with one copy being retained by the
6622     seller and the other by the buyer.
6623          (c) The bill of sale shall specify the number of hides or pelts sold and the brand or
6624     mark borne by each hide [and] or pelt.
6625          (2) (a) Each hide buyer within this state shall maintain a record specifying the name
6626     and address of the seller, date of purchase, and the brands or other identification found on the
6627     hides and pelts purchased.
6628          (b) The hides and records of any hide buyer are subject to examination and inspection

6629     by the department at reasonable times and places.
6630          Section 270. Section 4-24-402, which is renumbered from Section 4-24-19 is
6631     renumbered and amended to read:
6632          [4-24-19].      4-24-402. Livestock markets -- Records to be maintained --
6633     Retention of records -- Schedule of fees and charges to be posted.
6634          (1) Each owner or operator of a livestock market shall keep a record of:
6635          (a) the date each consignment of livestock is received for sale together with the number
6636     of each type of livestock within such consignment;
6637          (b) the name and address of each buyer;
6638          (c) the date of sale and the number and species of livestock purchased by each buyer;
6639     and
6640          (d) the description and brand or mark appearing on each animal at the time of sale to
6641     the buyer.
6642          (2) The records mandated by this section shall be retained for a period of two years
6643     from the date on which the livestock market sold the livestock.
6644          (3) A schedule of all fees and commission rates charged by the livestock market shall
6645     be posted in a conspicuous place on the premises of each market.
6646          (4) A statement of the gross sales price, commission, and other fees charged for the
6647     sale of each consignment shall be available for inspection by the department, and a copy
6648     furnished the owner or consignor of the livestock.
6649          Section 271. Section 4-24-403, which is renumbered from Section 4-24-31 is
6650     renumbered and amended to read:
6651          [4-24-31].      4-24-403. Websites promoting the sale of livestock.
6652          (1) A website, created and maintained within the state, that markets the sale of
6653     livestock shall have the following statement clearly visible on each web page that displays
6654     advertised livestock: "Legality of Sales and Purchase, Health Laws. If you sell or purchase
6655     livestock on this site, you shall comply with all applicable legal requirements governing the
6656     transfer and shipment of livestock, including [Utah Code] Title 4, Chapter 24, Utah Livestock
6657     Brand and Anti-Theft Act, and Title 4, Chapter 31, Control of Animal Disease. Please contact
6658     the Utah Department of Agriculture and Food at 801-538-7137 with any questions."
6659          (2) A person who violates this section shall be subject to the penalties described in

6660     Section [4-24-32] 4-24-506.
6661          Section 272. Section 4-24-404, which is renumbered from Section 4-24-20 is
6662     renumbered and amended to read:
6663          [4-24-20].      4-24-404. Livestock sold at market to be brand inspected --
6664     Proceeds of sale may be withheld -- Distribution of withheld proceeds -- Effect of receipt
6665     of proceeds by department -- Deposit of proceeds -- Use of proceeds if ownership not
6666     established.
6667          (1) (a) Livestock may not be sold at any livestock market until after they have been
6668     brand inspected by the department. [Title]
6669          (b) The livestock market shall furnish to the buyer title to purchased livestock [shall be
6670     furnished to the buyer by the livestock market].
6671          (2) (a) Upon notice from the department that a question exists concerning the
6672     ownership of consigned livestock, the operator of the livestock market or meat packing plant
6673     shall withhold the proceeds from the sale of the livestock for 60 days to allow the consignor of
6674     the questioned livestock to establish ownership.
6675          (b) If the owner or consignor fails within 60 days to establish ownership to the
6676     satisfaction of the department, the proceeds of the sale shall be transmitted to the department.
6677          (c) Receipt of the proceeds by the department shall relieve the livestock market or meat
6678     packing plant from further responsibility for the proceeds.
6679          (3) (a) Proceeds withheld under Subsection (2) shall be deposited [in] into the Utah
6680     Livestock Brand and Anti-Theft Account created in Section [4-24-24] 4-24-501.
6681          (b) If ownership is not satisfactorily established within one year, the department shall
6682     use the proceeds for animal identification.
6683          Section 273. Section 4-24-405, which is renumbered from Section 4-24-22 is
6684     renumbered and amended to read:
6685          [4-24-22].      4-24-405. Travel permit in lieu of brand inspection certificate --
6686     Fees -- Permit to accompany animal.
6687          (1) The department may issue a permit upon the payment of a fee determined by the
6688     department pursuant to Subsection [4-2-2] 4-2-103(2), in lieu of a certificate of brand
6689     inspection, for the transport of any show horse, show mule, or show cattle [within or]
6690     transported from any place within this state to a place outside the state.

6691          (2) The words "travel permit" shall be stamped or printed on the permit.
6692          (3) A permit:
6693          (a) shall accompany each show animal while [it] the show animal is in transit and shall
6694     identify the animal to which [it] the permit applies by age, sex, color, brand, mark, and scars[.
6695     A travel permit]; and
6696          (b) is valid for the calendar year of the date of issuance, which date shall appear on the
6697     permit.
6698          Section 274. Section 4-24-406, which is renumbered from Section 4-24-23 is
6699     renumbered and amended to read:
6700          [4-24-23].      4-24-406. Lifetime permit in lieu of brand inspection certificate --
6701     Fees -- Permit to accompany animal -- Transfer.
6702          (1) The department may issue a "lifetime" permit upon the payment of a fee determined
6703     by the department pursuant to Subsection [4-2-2] 4-2-103(2), in lieu of a certificate of brand
6704     inspection, for the transport of any horse or mule within or outside the state.
6705          (2) The words "lifetime travel permit" shall be stamped or printed on the permit. The
6706     permit shall accompany each horse or mule while it is in transit and shall identify the animal to
6707     which it applies by age, sex, color, brand, and scars.
6708          (3) A lifetime transportation permit is valid for as long as the horse or mule to which it
6709     applies continues to be owned by the person to whom the permit is issued.
6710          (4) A lifetime permit is transferable to a person within this state upon the transfer of
6711     ownership of such an animal, upon application for transfer and the payment of a permit transfer
6712     fee to the department in an amount determined by the department pursuant to Subsection
6713     [4-2-2] 4-2-103(2).
6714          Section 275. Section 4-24-501, which is renumbered from Section 4-24-24 is
6715     renumbered and amended to read:
6716     
Part 5. Unlawful Acts and Penalties

6717          [4-24-24].      4-24-501. Utah Livestock Brand and Anti-Theft Account created --
6718     Deposit of fees -- Purpose of expenditures.
6719          (1) There is created within the General Fund a restricted account known as the Utah
6720     Livestock Brand and Anti-Theft Account.
6721          (2) The following money shall be deposited into the Utah Livestock Brand and

6722     Anti-Theft Account:
6723          (a) money received by the department under any provision of this chapter; and
6724          (b) money received by the department under any provision of Title 4, Chapter 39,
6725     Domesticated Elk Act.
6726          (3) Money in the Utah Livestock Brand and Anti-Theft Account shall be used for the
6727     administration of this chapter and of Title 4, Chapter 39, Domesticated Elk Act.
6728          Section 276. Section 4-24-502, which is renumbered from Section 4-24-25 is
6729     renumbered and amended to read:
6730          [4-24-25].      4-24-502. Unlawful acts specified -- Allegation concerning evidence
6731     of ownership relative to hides.
6732          (1) It is unlawful for any person to:
6733          (a) permit any cattle, calves, horses, mules, or sheep, except unweaned calves or colts,
6734     that are not branded or marked in accordance with this chapter, to forage upon an open range in
6735     this state or outside an enclosure;
6736          (b) brand or mark any livestock with a brand or mark which is not a matter of record on
6737     the central brand and mark registry;
6738          (c) obliterate, change, or remove a recorded brand or mark; or
6739          (d) destroy, mutilate, or conceal any hide with intent to, or for the purpose of, removing
6740     evidence of ownership of the hide, or ownership of the animal from which the hide was
6741     removed.
6742          (2) In any prosecution for violation of this section, the state need not allege the
6743     ownership of the hide, or the animal or carcass from which the hide was removed; the
6744     complaint or information being sufficient if it alleges that ownership is unknown and that the
6745     hide is not the property of the defendant.
6746          Section 277. Section 4-24-503, which is renumbered from Section 4-24-26 is
6747     renumbered and amended to read:
6748          [4-24-26].      4-24-503. Use of vehicle to transport stolen livestock prohibited --
6749     Vehicle subject to seizure and sale -- Procedure for sale -- Defense.
6750          (1) (a) No person shall use any vehicle for the transportation of stolen livestock or
6751     carcasses. [Any]
6752          (b) A vehicle used in transporting stolen livestock or carcasses is subject to seizure and

6753     public sale by the sheriff of the county where [it] the vehicle is found[. No sale shall be made,
6754     however, until], after written notice of the proposed sale is served upon the person in whose
6755     custody the vehicle is found. [Such]
6756          (2) A person who receives the notice described in Subsection (1)(b) has 10 days after
6757     service of the notice of proposed sale to respond to the notice, in which event[,] no sale shall be
6758     conducted until after the issue of ownership or any other issues are litigated in a court of
6759     competent jurisdiction.
6760          (3) A stolen vehicle used for unlawful transportation is not subject to seizure and sale
6761     if the owner of the vehicle is not acting in concert with the thief.
6762          Section 278. Section 4-24-504, which is renumbered from Section 4-24-28 is
6763     renumbered and amended to read:
6764          [4-24-28].      4-24-504. Enforcement -- Brand inspector's powers delineated.
6765          (1) A brand inspector is empowered with the authority of a special function officer for
6766     the purpose of enforcing this chapter and such an inspector may, if [deemed] proper, stop any
6767     vehicle carrying livestock or livestock carcasses for the purpose of examining brands, marks,
6768     certificates of brand inspection, and bills of lading or bills of sale relating to the livestock in
6769     transit.
6770          (2) (a) Brand inspectors may enter any premises where livestock are kept or maintained
6771     for the purpose of examining brands or marks.
6772          (b) If admittance is refused, the department may proceed immediately to obtain an ex
6773     parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises
6774     for the purpose of examining brands or marks or other evidence of ownership.
6775          Section 279. Section 4-24-505, which is renumbered from Section 4-24-29 is
6776     renumbered and amended to read:
6777          [4-24-29].      4-24-505. Commissioner authorized to cooperate with local
6778     governments, other states, or federal government in enforcement.
6779          The commissioner is empowered with authority, if [deemed] necessary, to cooperate or
6780     enter into cooperative agreements with authorities in any city, town, or county within the state,
6781     or with federal authorities, or with authorities in another state for the purpose of securing
6782     assistance in the administration and enforcement of this chapter.
6783          Section 280. Section 4-24-506, which is renumbered from Section 4-24-32 is

6784     renumbered and amended to read:
6785          [4-24-32].      4-24-506. Penalties.
6786          A person who violates a provision of this chapter:
6787          (1) is guilty of a class B misdemeanor; and
6788          (2) may be subject to administrative fines, payable to the department, of up to $1,000
6789     per violation.
6790          Section 281. Section 4-25-101 is enacted to read:
6791     
CHAPTER 25. ESTRAYS

6792     
Part 1. Organization

6793          4-25-101. Title.
6794          This chapter is known as "Estrays."
6795          Section 282. Section 4-25-102, which is renumbered from Section 4-25-1 is
6796     renumbered and amended to read:
6797          [4-25-1].      4-25-102. Definitions.
6798          For the purpose of this chapter:
6799          (1) (a) "Estray" means:
6800          (i) an unbranded sheep, cow, horse, mule, or ass[, or domestic mink] found running at
6801     large;
6802          (ii) a branded sheep, cow, horse, mule, or ass[, or domestic mink] found running at
6803     large whose owner cannot be found after reasonable search; or
6804          (iii) a swine found running at large whose owner cannot be found after reasonable
6805     search.
6806          (b) "Estray" does not mean any unweaned animal specified in this section that is
6807     running with its mother.
6808          (2) "Feral swine" means any species, or hybrid species:
6809          (a) of the family Suidae, including the European boar, the Eurasian boar, the Russian
6810     boar, a feral hog, or a domestic pig;
6811          (b) that is not conspicuously identified by an ear tag or other form of visual
6812     identification; and
6813          (c) that is roaming freely upon public land or private land [without the permission of
6814     the landowner].

6815          (3) "Swine" means any domesticated species of the family Suidae that is conspicuously
6816     identified by an ear tag or other form of visible identification.
6817          Section 283. Section 4-25-103, which is renumbered from Section 4-25-2 is
6818     renumbered and amended to read:
6819          [4-25-2].      4-25-103. County responsibility for estrays -- Contracts with other
6820     local governments authorized.
6821          (1) Each county is responsible for the disposition of all estrays found within [its] the
6822     county's boundaries.
6823          (2) Each county in the discharge of [its] the county's responsibility, however, may
6824     contract upon mutually agreeable terms with any city, town, or other county with an animal
6825     control office to perform any or all of the functions imposed by this chapter.
6826          Section 284. Section 4-25-104, which is renumbered from Section 4-25-3 is
6827     renumbered and amended to read:
6828          [4-25-3].      4-25-104. Department authorized to make and enforce rules.
6829          The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
6830     Rulemaking Act, to make and enforce such rules as in [its] the department's judgment are
6831     necessary to administer and enforce this chapter.
6832          Section 285. Section 4-25-201, which is renumbered from Section 4-25-4 is
6833     renumbered and amended to read:
6834     
Part 2. Management of Estrays

6835          [4-25-4].      4-25-201. Possession of estrays -- Determination and location of
6836     owner -- Sale -- Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from
6837     liability.
6838          (1) (a) Except as provided in Section [4-25-5] 4-25-202, a county shall:
6839          (i) take physical possession of an estray [it] the county finds within [its] county
6840     boundaries; [and]
6841          (ii) attempt to determine the name and location of the estray's owner[.]; and
6842          (iii) contact the local brand inspector.
6843          (b) The department shall assist a county that requests its help in determining the name
6844     and location of the owner or other person responsible for the estray.
6845          (c) (i) Notwithstanding the requirements of Title 67, Chapter 4a, Unclaimed Property

6846     Act, if the county cannot determine the estray's owner, or, if having determined ownership,
6847     neither the county nor the department is able to locate the owner within a reasonable period of
6848     time, the estray shall be sold at a livestock or other appropriate market.
6849          (ii) The proceeds of a sale under Subsection (1)(c)(i), less the costs described in
6850     Subsection (1)(c)(iii), shall be paid to the county selling the estray.
6851          (iii) The livestock or other market conducting the sale under Subsection (1)(c)(i) may
6852     deduct the cost of feed, transportation, and other market costs from the proceeds of the sale.
6853          (2) A county shall publish notice of the sale of an estray:
6854          (a) at least once 10 days before the date of the sale; and
6855          (b) through electronic means or in a publication with general circulation within the
6856     county where the estray was taken into custody.
6857          (3) A purchaser of an estray sold under this section shall receive title to the estray free
6858     and clear of all claims of the estray's owner and a person claiming title through the owner.
6859          (4) A county that complies with the provisions of this section is immune from liability
6860     for the sale of an estray sold at a livestock or other appropriate market.
6861          (5) Notwithstanding the requirements of Subsection (1)(c), a county may employ a
6862     licensed veterinarian to euthanize an estray if the licensed veterinarian determines that the
6863     estray's physical condition prevents the estray from being sold.
6864          Section 286. Section 4-25-202, which is renumbered from Section 4-25-5 is
6865     renumbered and amended to read:
6866          [4-25-5].      4-25-202. Report of estrays -- Possession -- Relief from liability.
6867          (1) As used in this section, "division" means the Division of Wildlife Resources.
6868          (2) A person, other than an official of the county or of an animal control office under
6869     contract with the county, who finds an estray shall report [it] the estray to the county or animal
6870     control office immediately.
6871          (3) Upon receipt of notification under Subsection (2), the county or the animal control
6872     office shall:
6873          (a) take possession of the estray; or
6874          (b) if appropriate, authorize the person in possession of the estray to maintain and care
6875     for [it] the estray pending determination and location of the estray's owner.
6876          (4) A person who gives notice of an estray and delivers [it] the estray to the county or

6877     animal control office is not liable to third parties on account of the estray to the extent of the
6878     value of the animal.
6879          (5) (a) If an employee of the department or the division, acting in the employee's
6880     official capacity, finds an estray, the employee shall:
6881          (i) comply with the requirements of Subsection (2); and
6882          (ii) make a reasonable attempt to contact the estray's owner.
6883          (b) The county or animal control office receiving a report of an estray from an
6884     employee of the department or the division shall:
6885          (i) take possession of the estray; or
6886          (ii) authorize the department or the division in writing or through electronic means to
6887     take possession of the estray.
6888          (c) If the county or animal control office does not comply with Subsection (5)(b)
6889     within 72 hours from the time the division reports an estray, the division may take possession
6890     of the estray.
6891          (d) If the division takes possession of the estray, the division shall:
6892          (i) make a reasonable attempt to return the estray to the estray's owner; or
6893          (ii) if unable to return the estray to the estray's owner, deliver the estray to the county
6894     or animal control office.
6895          (e) If the division is unable to take possession of the estray after a reasonable attempt,
6896     the division may cause the death of the estray if the division determines that the estray presents
6897     a material threat to wildlife by:
6898          (i) predation;
6899          (ii) pathogen transmission; or
6900          (iii) genetic introgression.
6901          (f) If the division causes the death of an estray under Subsection (5)(e), the division
6902     shall:
6903          (i) compensate the owner of the estray at full market value of the estray; or
6904          (ii) if the owner of the estray cannot be determined, deposit an amount equal to the full
6905     market value of the estray into the Agricultural and Wildlife Damage Prevention Account
6906     created in Section [4-23-7.5] 4-23-108.
6907          (6) Notwithstanding the requirements of Subsection (5), the division may immediately

6908     take possession of an estray or cause an estray to move away from wildlife if the estray presents
6909     an imminent material threat to wildlife by:
6910          (a) predation;
6911          (b) pathogen transmission; or
6912          (c) genetic introgression.
6913          Section 287. Section 4-25-203, which is renumbered from Section 4-25-6 is
6914     renumbered and amended to read:
6915          [4-25-6].      4-25-203. Compensation for care of estrays -- Liability of county --
6916     Notice required.
6917          (1) A person who finds an estray and who, after giving notice is authorized by the
6918     county to maintain and care for [it] the estray, is entitled to compensation from the owner, or
6919     from the county, as the case may be, for the reasonable costs of feeding and maintaining the
6920     [animal] estray; provided, that the county is liable for such cost only if the owner is not located
6921     after diligent search.
6922          (2) No person who finds an estray however, is entitled to reimbursement for feed and
6923     maintenance or for any other cost incurred on behalf of the estray before such time as notice of
6924     the estray is given to the county or to the appropriate animal control office.
6925          Section 288. Section 4-25-204, which is renumbered from Section 4-25-7 is
6926     renumbered and amended to read:
6927          [4-25-7].      4-25-204. County legislative body authorized to adopt fence
6928     ordinance -- Lawful fence to be specified by ordinance -- Dividing the county into
6929     divisions for different fencing regulations.
6930          (1) A county legislative body may, by ordinance, declare and enforce a general policy
6931     within the county for the fencing of farms, subdivisions, or other private property[,] to allow
6932     domestic animals to graze without trespassing on farms, subdivisions, or other private property.
6933          (2) If an ordinance is adopted under Subsection (1), the county legislative body:
6934          (a) shall through ordinance declare and specify what constitutes a lawful fence; and
6935          (b) may divide the county into divisions and prescribe different fencing regulations for
6936     each division.
6937          Section 289. Section 4-25-205, which is renumbered from Section 4-25-8 is
6938     renumbered and amended to read:

6939          [4-25-8].      4-25-205. Owner liable for trespass of animals -- Exception --
6940     Intervention by county representative.
6941          (1) The owner of any [neat] cattle, horse, ass, mule, sheep, goat, or swine that
6942     trespasses upon the premises of another person, except in cases where the premises are not
6943     enclosed by a lawful fence in a county or municipality that has adopted a fence ordinance, is
6944     liable in a civil action to the owner or occupant of the premises for any damage inflicted by the
6945     trespass.
6946          (2) A county representative may intervene to remove the animal and the county is
6947     entitled to fair compensation for costs incurred. If the animal is not claimed within 10 days
6948     after written notification is sent to [its] the animal's owner, a county representative may sell the
6949     animal to cover costs incurred.
6950          (3) Notwithstanding Subsections (1) and (2), the owner of any [neat] cattle, horse, ass,
6951     mule, sheep, goat, or swine that trespasses upon the premises of another person is not liable in
6952     a civil action to the owner or occupant of the premises for damage inflicted by the trespass if:
6953          (a) the animal enters the premises from an historic livestock trail, as defined in Section
6954     57-13b-102; and
6955          (b) the premises that was trespassed is not enclosed by an adequate fence at the time
6956     the trespass occurs.
6957          Section 290. Section 4-25-206, which is renumbered from Section 4-25-9 is
6958     renumbered and amended to read:
6959          [4-25-9].      4-25-206. Animals running at large -- Prohibition -- Limited
6960     exception.
6961          [No] (1) Except as provided in Subsection (2), no person who owns or is in possession
6962     of a stallion, jack, or ridgeling over 18 months old, or a ram over three months old, shall permit
6963     [it] the animal to run at large within the limits of, or on the summer range of, any town or
6964     settlement[; provided, that two-thirds].
6965          (2) Two-thirds of the voters of any county or isolated part of a county may elect
6966     through an election to make this section ineffective in all or part of the county during part of
6967     the year.
6968          Section 291. Section 4-25-301, which is renumbered from Section 4-25-12 is
6969     renumbered and amended to read:

6970          [4-25-12].      4-25-301. Allowing swine to run at large -- Class B misdemeanor.
6971          (1) A person is guilty of a class B misdemeanor if the person:
6972          (a) is in control of a swine; and
6973          (b) allows the swine to run at large.
6974          (2) A person described in Subsection (1) is liable for damage caused by the swine
6975     running at large.
6976          Section 292. Section 4-25-302, which is renumbered from Section 4-25-12.1 is
6977     renumbered and amended to read:
6978          [4-25-12.1].      4-25-302. Release of swine or feral swine for any purpose.
6979          A person [may not release] is guilty of a third degree felony if the person releases a:
6980          (1) swine on public or private property for hunting purposes; or
6981          (2) feral swine on public or private property for any purpose.
6982          Section 293. Section 4-25-303, which is renumbered from Section 4-25-12.3 is
6983     renumbered and amended to read:
6984          [4-25-12.3].      4-25-303. Feral swine detrimental to state's interests -- Seizure,
6985     capture, or destruction of feral swine.
6986          (1) Feral swine are detrimental to the state's interests in agriculture and wildlife.
6987          (2) Feral swine may be seized, captured, or destroyed at any time, in any place, and in
6988     any manner by:
6989          (a) the department and [its] the department's authorized agents;
6990          (b) the Division of Wildlife Resources and [its] the Division of Wildlife Resources
6991     authorized agents; or
6992          (c) a certified peace officer.
6993          (3) (a) Notwithstanding Section 76-9-301, and subject to the requirements of this
6994     section, an individual may kill a feral swine roaming on private or public land.
6995          (b) An individual shall obtain the consent of the landowner before killing a feral swine
6996     on private land.
6997          (c) Feral swine may be killed:
6998          (i) year-round;
6999          (ii) in any number; and
7000          (iii) with a firearm, bow and arrow, or crossbow.

7001          (4) Feral swine may not be hunted or killed under Subsection (3)(c):
7002          (a) with the use of artificial light or night vision equipment, except as authorized by
7003     county ordinance; or
7004          (b) from or with any airborne vehicle or device, except as provided in Section [4-23-6]
7005     4-23-106.
7006          (5) An individual may not receive compensation, or attempt to receive compensation,
7007     from hunting feral swine.
7008          (6) An authorized individual who kills a swine under this section is not liable to the
7009     owner for the loss of the swine, unless:
7010          (a) the swine is conspicuously identified by an ear tag or other form of visual
7011     identification; and
7012          (b) the individual who killed the swine knew the swine was identified by an ear tag or
7013     other form of usual identification.
7014          Section 294. Section 4-25-401, which is renumbered from Section 4-25-14 is
7015     renumbered and amended to read:
7016     
Part 4. Impounded Livestock

7017          [4-25-14].      4-25-401. Impounded livestock -- Determination and location of
7018     owner -- Sale -- Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from
7019     liability.
7020          (1) As used in this section, "impounded livestock" means the following animals seized
7021     and retained in legal custody:
7022          (a) cattle;
7023          (b) calves;
7024          (c) horses;
7025          (d) mules;
7026          (e) sheep;
7027          (f) goats;
7028          (g) hogs; or
7029          (h) domesticated elk.
7030          (2) (a) A county may:
7031          (i) take physical possession of impounded livestock seized and retained within its

7032     boundaries; and
7033          (ii) attempt to determine the name and location of the impounded livestock's owner.
7034          (b) The department shall assist a county who requests help in locating the name and
7035     location of the owner or other person responsible for the impounded livestock.
7036          (c) (i) Notwithstanding the requirements of Title 67, Chapter 4a, Unclaimed Property
7037     Act, if the county cannot determine ownership of the impounded livestock, or, if having
7038     determined ownership, neither the county nor the department is able to locate the owner within
7039     a reasonable period of time, the impounded livestock shall be sold at a livestock or other
7040     appropriate market.
7041          (ii) The proceeds of a sale under Subsection (2)(c)(i), less the costs described in
7042     Subsection (2)(c)(iii), shall be paid to the State School Fund created by the Utah Constitution,
7043     Article X, Section 5, Subsection (1).
7044          (iii) The livestock or other market conducting the sale under Subsection (2)(c)(i) may
7045     deduct the cost of feed, transportation, and other market costs from the proceeds of the sale.
7046          (3) A county shall publish the intended sale of the impounded livestock:
7047          (a) at least 10 days [prior to] before the date of sale; and
7048          (b) through electronic means or in a publication with general circulation within the
7049     county where the impounded livestock was taken into custody.
7050          (4) A purchaser of impounded livestock sold under this section shall receive title to the
7051     impounded livestock free and clear of all claims of the livestock's owner or a person claiming
7052     title through the owner.
7053          (5) If a county complies with the provisions of this section, [it] the county is immune
7054     from liability for the sale of impounded livestock sold at a livestock or other appropriate
7055     market.
7056          (6) Notwithstanding the requirements of Subsection (2)(c), a county may employ a
7057     licensed veterinarian to euthanize an impounded livestock if the licensed veterinarian
7058     determines that the impounded livestock's physical condition prevents the impounded livestock
7059     from being sold.
7060          Section 295. Section 4-26-101 is amended to read:
7061     
CHAPTER 26. ENCLOSURES AND FENCES

7062          4-26-101. Title -- Failure to close entrance to enclosure -- Class C misdemeanor --

7063     Damages.
7064          (1) This chapter is known as "Enclosures and Fences."
7065          (2) A person who willfully throws down a fence or opens bars or gates into any
7066     enclosure other than the person's own enclosure or into any enclosure jointly owned or
7067     occupied by such person and others, and leaves [it] the enclosure open:
7068          (a) is guilty of a class C misdemeanor[,]; and
7069          (b) is liable in damage for any injury sustained by any person as a result of such an act.
7070          Section 296. Section 4-26-102 is amended to read:
7071          4-26-102. Adjoining landowners -- Partition fences -- Contribution.
7072          (1) If two or more persons agree to a fence enclosure or to the construction of a
7073     partition fence, the cost of construction and maintenance of the fence shall be apportioned
7074     between each party to the agreement based upon the amount of land enclosed.
7075          (2) A person who is a party to an agreement described in Subsection (1) and who fails
7076     to maintain such person's part of the fence is liable in a civil action for any damage sustained
7077     by another party to the agreement as a result of the failure to maintain the fence.
7078          (3) (a) If a person has enclosed land with a fence and the owner of adjoining land
7079     desires to enclose land adjoining the fence so that the existing fence or any part of it will
7080     become a partition fence between such tracts of land, the owner of the adjoining land shall,
7081     before making the enclosure, pay to the owner of the existing fence one-half of the value of all
7082     that part of the fence that will become a partition fence[; and when one party].
7083          (b) If a person whose land is enclosed, in whole or in part, by a partition fence ceases
7084     to improve or cultivate [his] that person's land or opens [his] the enclosure [he may not take
7085     away any part of the partition fence belonging to him, if the owner or occupant of the adjoining
7086     enclosure within 30 days after notice, pays for the value of such fence; nor shall the partition
7087     fence be removed if the crops enclosed by it will be exposed to injury.] , the person:
7088          (i) shall give notice to the other owner of the partition fence and an opportunity to pay
7089     for the person's reasonable value of the fence;
7090          (ii) may not remove any part of the partition fence until the earlier of:
7091          (A) 30 days after the day on which the person gave notice to the other owner, as
7092     described in Subsection (3)(b)(i); or
7093          (B) the day the other owner pays the person for the person's reasonable value of the

7094     fence; and
7095          (iii) notwithstanding Subsection (3)(b)(ii), may not remove the partition fence if the
7096     crops enclosed by the fence will be exposed to injury.
7097          Section 297. Section 4-26-103 is amended to read:
7098          4-26-103. Definitions -- Qualified landowners' and qualified adjoining
7099     landowners' partition fences -- Contribution -- Civil action for damages.
7100          (1) As used in this section:
7101          (a) "Qualified adjoining landowner" means a private landowner whose land adjoins the
7102     land of a qualified landowner and is used for grazing livestock or as habitat for big game
7103     wildlife and:
7104          (i) is land which qualifies under the definition of "conservation easement" as defined in
7105     Section 57-18-2, under Title 57, Chapter 18, Land Conservation Easement Act; or
7106          (ii) is "land in agricultural use" that meets the requirements of Section 59-2-502.
7107          (b) "Qualified landowner" means a private landowner whose land is used for grazing
7108     livestock and:
7109          (i) is land which qualifies under the definition of "conservation easement" as defined in
7110     Section 57-18-2, under Title 57, Chapter 18, Land Conservation Easement Act; or
7111          (ii) is "land in agricultural use" that meets the requirements of Section 59-2-502.
7112          (2) A qualified landowner may require the qualified adjoining landowner to pay for
7113     one-half of the cost of the fence if:
7114          (a) the fence is or becomes a partition fence separating the qualified landowner's land
7115     from that belonging to the qualified adjoining landowner;
7116          (b) the cost is reasonable for that type of fence;
7117          (c) that type of fence is commonly found in that particular area; and
7118          (d) the construction of the fence is no more expensive than the cost for posts, wire, and
7119     connectors.
7120          (3) If the qualified adjoining landowner refuses, the qualified landowner may maintain
7121     a civil action against the qualified adjoining landowner for one-half of the cost of that portion
7122     of the fence.
7123          (4) The cost of the maintenance of the fence shall also be apportioned between each
7124     party based on the amount of land enclosed. A party who fails to maintain that party's part of

7125     the fence is also liable in a civil action for any damage sustained by the other party as a result
7126     of the failure to maintain the fence.
7127          Section 298. Section 4-26-104 is amended to read:
7128          4-26-104. Fencing for bison.
7129          Perimeter fencing intended to hold bison shall meet the following minimum standards:
7130          (1) fence sections and gates shall:
7131          (a) reach a height of at least [six] eight feet above ground level; and
7132          (b) be constructed in a mesh pattern consisting of:
7133          (i) hi-tensile steel wire of at least 14-1/2 gauge;
7134          (ii) a maximum mesh size of six inches by six inches; or
7135          (iii) a material with the strength equivalent of the material described in Subsections
7136     (1)(b)(i) and (ii);
7137          (2) fence posts shall:
7138          (a) (i) be constructed of treated wood at least four inches in diameter; and
7139          (ii) be constructed of a material with the strength equivalent of the material described
7140     in Subsection (2)(a)(i);
7141          (b) reach a height of at least six feet, two inches above ground level;
7142          (c) have at least two feet of length below ground level;
7143          (d) be installed at intervals of no more than 20 feet; and
7144          (e) if located on a corner or connected to a gate, be braced with wood or the strength
7145     equivalent of wood; and
7146          (3) fence stays shall:
7147          (a) be constructed of treated wood or steel;
7148          (b) be installed at intervals of no more than 10 feet from any fence post; and
7149          (c) reach a height of at least six feet, two inches above ground level.
7150          Section 299. Section 4-30-101 is enacted to read:
7151     
CHAPTER 30. LIVESTOCK MARKETS

7152          4-30-101. Title.
7153          This chapter is known as "Livestock Markets."
7154          Section 300. Section 4-30-102, which is renumbered from Section 4-30-1 is
7155     renumbered and amended to read:

7156          [4-30-1].      4-30-102. Definitions.
7157          For the purpose of this chapter:
7158          (1) "Consignor" or "shipper" means any person who consigns, ships, or delivers
7159     livestock to a livestock market for storage, handling, or sale.
7160          (2) (a) "Livestock market" means a public market place consisting of pens or other
7161     enclosures where all classes of livestock or poultry are received on consignment and kept for
7162     subsequent sale, either through public auction or private sale.
7163          (b) "Livestock market" does not include:
7164          (i) a place used solely for liquidation of livestock by a farmer, dairyman, livestock
7165     breeder, or feeder who is going out of such business; or
7166          (ii) a place where an association of livestock breeders or an individual livestock
7167     breeder offers registered livestock or breeding sires for sale and assumes all responsibility for
7168     the sale, guarantees title to the livestock or sires sold, and arranges with the department for
7169     brand inspection of all animals sold.
7170          (3) "Person" means an individual, partnership, corporation, or association.
7171          Section 301. Section 4-30-103, which is renumbered from Section 4-30-2 is
7172     renumbered and amended to read:
7173          [4-30-2].      4-30-103. Livestock Market Committee created -- Composition --
7174     Terms -- Removal -- Compensation -- Duties.
7175          (1) There is created a Livestock Market Committee which consists of the following
7176     seven members appointed to a four-year term of office by the commissioner:
7177          (a) one member recommended by the livestock market operators in the state;
7178          (b) one member recommended by the Utah Cattlemen's Association;
7179          (c) one member recommended by the Utah Dairymen's Association;
7180          (d) one member recommended by the Utah Woolgrowers['] Association;
7181          (e) one member recommended by the horse industry;
7182          (f) one member recommended by the Utah Farm Bureau Federation; and
7183          (g) one member recommended by the Utah Farmers Union.
7184          (2) Notwithstanding the requirements of Subsection (1), the commissioner shall, at the
7185     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
7186     committee members are staggered so that approximately half of the committee is appointed

7187     every two years.
7188          (3) No more than four members shall be members of the same political party.
7189          (4) (a) The commissioner may remove a member of the committee at the request of the
7190     association or group which recommended the member's appointment.
7191          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
7192     appointed for the unexpired term.
7193          (5) The Livestock Market Committee shall elect a chair from its membership, who
7194     shall serve for a term of office of two years, but may be reelected for subsequent terms.
7195          (6) (a) The chair is responsible for the call and conduct of meetings.
7196          (b) Four members constitute a quorum for the transaction of official business.
7197          (7) A member may not receive compensation or benefits for the member's service, but
7198     may receive per diem and travel expenses in accordance with:
7199          (a) Section 63A-3-106;
7200          (b) Section 63A-3-107; and
7201          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
7202     63A-3-107.
7203          (8) The Livestock Market Committee acts as advisor to the department with respect to
7204     the administration and enforcement of this chapter and makes recommendations necessary to
7205     carry out the intent of this chapter to the commissioner.
7206          Section 302. Section 4-30-104, which is renumbered from Section 4-30-3 is
7207     renumbered and amended to read:
7208          [4-30-3].      4-30-104. Department authorized to make and enforce rules.
7209          The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
7210     Rulemaking Act, to make and enforce such rules [as in its judgment are] necessary to
7211     administer and enforce this chapter.
7212          Section 303. Section 4-30-105, which is renumbered from Section 4-30-4 is
7213     renumbered and amended to read:
7214          [4-30-4].      4-30-105. License required -- Application -- Fee -- Expiration --
7215     Renewal.
7216          (1) (a) No person may operate a livestock market in this state without a license issued
7217     by the department.

7218          (b) Application for a license shall be made to the department upon forms prescribed
7219     and furnished by [it. The] the department, and the application shall specify:
7220          (i) if the applicant is an individual, the name, address, and date of birth of the
7221     applicant; or
7222          (ii) if the applicant is a partnership, corporation, or association, the name, address, and
7223     date of birth of each person who has a financial interest in the applicant and the amount of each
7224     person's interest;
7225          (iii) a certified statement of the financial assets and liabilities of the applicant detailing:
7226          (A) current assets;
7227          (B) current liabilities;
7228          (C) long-term assets; and
7229          (D) long-term liabilities;
7230          (iv) a legal description of the property where the market is proposed to be located, [its]
7231     the property's street address, and a description of the facilities proposed to be used in
7232     connection with [it] the property;
7233          (v) a schedule of the charges or fees the applicant proposes to charge for each service
7234     rendered; and
7235          (vi) a detailed statement of the trade area proposed to be served by the applicant, the
7236     potential benefits which will be derived by the livestock industry, and the specific services the
7237     applicant intends to render at the livestock market.
7238          (2) (a) Upon receipt of a proper application, payment of a license fee in an amount
7239     determined by the department pursuant to Subsection [4-2-2] 4-2-103(2), and a favorable
7240     recommendation by the Livestock Market Committee, the commissioner, if satisfied that the
7241     convenience and necessity of the industry and the public will be served, shall issue a license
7242     allowing the applicant to operate the livestock market proposed in the application valid through
7243     December 31 of the year in which the license is issued, subject to suspension or revocation for
7244     cause.
7245          (b) A livestock market license is annually renewable on or before December 31 of each
7246     year upon the payment of an annual license renewal fee in an amount determined by the
7247     department pursuant to Subsection [4-2-2] 4-2-103(2).
7248          (3) No livestock market original or renewal license may be issued until the applicant

7249     has provided the department with a certified copy of a surety bond filed with the United States
7250     Department of Agriculture as required by the Packers and Stockyards Act, 1921, 7 U.S.C.
7251     Section 181 et seq.
7252          Section 304. Section 4-30-106, which is renumbered from Section 4-30-5 is
7253     renumbered and amended to read:
7254          [4-30-5].      4-30-106. Hearing on license application -- Notice of hearing.
7255          (1) Upon the filing of an application, the chairman of the Livestock Market Committee
7256     shall set a time for hearing on the application in the city or town nearest the proposed site of the
7257     livestock market and cause notice of the time and place of the hearing together with a copy of
7258     the application to be forwarded by mail, not less than 15 days before the hearing date, to the
7259     following:
7260          (a) each licensed livestock market operator within the state; and
7261          (b) each livestock or other interested association or group of persons in the state that
7262     has filed written notice with the committee requesting receipt of notice of such hearings.
7263          (2) Notice of the hearing shall be published 14 days before the scheduled hearing date:
7264          (a) in a daily or weekly newspaper of general circulation within the city or town where
7265     the hearing is scheduled; and
7266          (b) on the Utah Public Notice Website created in Section 63F-1-701.
7267          Section 305. Section 4-30-107, which is renumbered from Section 4-30-6 is
7268     renumbered and amended to read:
7269          [4-30-6].      4-30-107. Livestock Market Committee -- Guidelines delineated for
7270     decision on application.
7271          (1) The Livestock Market Committee in determining whether to recommend approval
7272     or denial of the application shall consider:
7273          (a) the applicant's proven or potential ability to comply with the Packers and
7274     Stockyards Act, 7 U.S.C. Sec. 221 through 229b;
7275          (b) the financial stability, business integrity, and fiduciary responsibility of the
7276     applicant;
7277          (c) the livestock marketing benefits which potentially will be derived from the
7278     establishment and operation of the public livestock market proposed;
7279          (d) the need for livestock market services in the trade area proposed;

7280          (e) the adequacy of the livestock market location and facilities proposed in the
7281     application, including facilities for health inspection and testing;
7282          (f) whether the operation of the proposed livestock market is likely to be permanent;
7283     and
7284          (g) the economic feasibility of the proposed livestock market based on competent
7285     evidence.
7286          (2) Any interested person may appear at the hearing on the application and give an
7287     opinion or present evidence either for or against granting the application.
7288          Section 306. Section 4-30-108, which is renumbered from Section 4-30-7 is
7289     renumbered and amended to read:
7290          [4-30-7].      4-30-108. Transfer of livestock market license permitted --
7291     Conditions.
7292          (1) No livestock market license is transferable to another person without the prior
7293     approval of the commissioner.
7294          (2) A change in the membership of a partnership or association, or the sale or transfer
7295     of a 25% or greater interest in the stock ownership of a corporate livestock market shall be
7296     considered a transfer of the livestock market license and is subject to the requirements of this
7297     section.
7298          (3) Application to allow transfer of a livestock market license shall be made to the
7299     department on a form prescribed and furnished by [it] the department.
7300          (4) The commissioner may grant a transfer of the license:
7301          (a) if the proposed transferee meets all the requirements specified for an original
7302     license in Section [4-30-4] 4-30-105; and
7303          (b) based on the criteria specified in Section [4-30-6] 4-30-107.
7304          Section 307. Section 4-30-109, which is renumbered from Section 4-30-7.5 is
7305     renumbered and amended to read:
7306          [4-30-7.5].      4-30-109. Financial responsibility.
7307          Each livestock market shall maintain a financial condition of total assets in excess of
7308     total liabilities, including total current assets in excess of total current liabilities.
7309          Section 308. Section 4-30-110, which is renumbered from Section 4-30-7.6 is
7310     renumbered and amended to read:

7311          [4-30-7.6].      4-30-110. Custodial accounts for trust funds.
7312          (1) (a) Each payment that a livestock buyer makes to a livestock market selling on
7313     commission is a trust fund.
7314          (b) Funds deposited [in] into custodial accounts are trust funds.
7315          (2) Each livestock market engaged in selling livestock on a commission or agency
7316     basis shall establish and maintain a separate bank account designated as "custodial account for
7317     shippers' proceeds," or some similar identifying designation, to disclose that the depositor is
7318     acting as a fiduciary and that the funds in the account are trust funds.
7319          (3) (a) The livestock market shall deposit [in] into its custodial account before the close
7320     of the next business day after the livestock is sold:
7321          (i) the proceeds that have been collected from the sale of the livestock [that have been
7322     collected]; and
7323          (ii) an amount equal to the proceeds receivable from the sale of livestock that are due
7324     from:
7325          (A) the livestock market;
7326          (B) any owner, officer, or employee of the livestock market; and
7327          (C) any buyer to whom the livestock market has extended credit.
7328          (b) The livestock market shall thereafter deposit [in] into the custodial account all
7329     proceeds collected until the account has been reimbursed in full[,] and shall, before the close of
7330     the seventh day following the sale of livestock, deposit an amount equal to all the remaining
7331     proceeds receivable regardless of whether [or not] the proceeds have been collected by the
7332     livestock market.
7333          (4) The custodial account shall be drawn on only [for payment of]:
7334          (a) for payment of the net proceeds to the consignor or shipper, or to any person that
7335     the livestock market knows is entitled to payment;
7336          (b) to pay lawful charges against the consignment of livestock which the market agency
7337     shall, in its capacity as agent, be required to pay; and
7338          (c) to obtain any sums due the livestock market as compensation for its services.
7339          (5) (a) Each livestock market shall keep accounts and records that will disclose at all
7340     times the handling of funds in the custodial account.
7341          (b) Accounts and records shall at all times disclose the name of the consignors and the

7342     amount due and payable to each from funds in the custodial account.
7343          (6) The custodial account shall be established and maintained in a bank whose deposits
7344     are insured by the Federal Deposit Insurance Corporation.
7345          Section 309. Section 4-30-111, which is renumbered from Section 4-30-8 is
7346     renumbered and amended to read:
7347          [4-30-8].      4-30-111. Weighman license required -- Application -- Fee -- Bond
7348     -- Expiration -- Renewal.
7349          (1) (a) No person may act as a weighman at a livestock market without a license from
7350     the department.
7351          (b) Application for a weighman's license shall be made to the department upon forms
7352     prescribed and furnished by [it] the department.
7353          (c) Upon receipt of a proper application, payment of a license fee in an amount
7354     determined by the department pursuant to Subsection [4-2-2] 4-2-103(2), and deposit of either
7355     a corporate surety bond or trust fund agreement with the department in the principal amount of
7356     $1,000, the commissioner shall issue a license allowing the applicant to act as a weighman
7357     through December 31 of the year in which the license is issued, subject to suspension or
7358     revocation for cause.
7359          (d) A weighman's license is annually renewable on or before December 31 of each year
7360     upon the payment of an annual license renewal fee in an amount determined by the department
7361     pursuant to Subsection [4-2-2] 4-2-103(2).
7362          (2) (a) Each weighman's surety bond shall be written by a surety licensed under the
7363     laws of Utah and name the state, as obligee, for the use and benefit of persons who consign
7364     livestock to a livestock market.
7365          (b) The bond shall further be conditioned for the faithful and accurate weighing of
7366     livestock consigned to a livestock market[,] and for the payment of court costs and [a]
7367     reasonable [attorney's fee] attorney fees to the prevailing party incident to any suit brought
7368     upon the bond.
7369          Section 310. Section 4-30-112, which is renumbered from Section 4-30-9 is
7370     renumbered and amended to read:
7371          [4-30-9].      4-30-112. Suspension or revocation of license -- Grounds.
7372          The department is authorized to suspend or revoke the license of any livestock market

7373     or livestock market weighman who:
7374          (1) violates any provision of this chapter or any rule [promulgated] made under this
7375     chapter; or
7376          (2) engages in any fraudulent or deceitful activity.
7377          Section 311. Section 4-31-105 is amended to read:
7378          4-31-105. Outbreak of contagious or infectious disease -- Assistance of federal
7379     authorities.
7380          If there is an outbreak of contagious or infectious disease among domestic animals in
7381     this state that imperils livestock [in adjoining states], the commissioner [shall seek] may
7382     request the assistance of the United States Department of Agriculture, Animal and Plant Health
7383     Inspection Service, in preventing the spread of the disease to other states.
7384          Section 312. Section 4-31-106 is amended to read:
7385          4-31-106. Epidemic of contagious or infectious disease -- Condemnation or
7386     destruction of infected or exposed livestock -- Destruction of other property.
7387          (1) If there is an outbreak of contagious or infectious foreign animal disease of
7388     epidemic proportion among domestic animals in this state that imperils livestock, the
7389     commissioner, with approval of the governor, may condemn, destroy, or dispose of any
7390     infected livestock or any livestock exposed to[, or deemed] the disease or considered by the
7391     commissioner capable of[,] communicating the disease to other domestic animals.
7392          (2) The commissioner may, with gubernatorial approval, condemn and destroy any
7393     barns, sheds, corrals, pens, or other property necessary to prevent the spread of contagion or
7394     infection.
7395          Section 313. Section 4-31-107 is amended to read:
7396          4-31-107. Appraisal of fair market value before destruction.
7397          (1) Before any livestock or property is [condemned and] destroyed under Section
7398     4-31-106, an appraisal of the fair market value of the livestock or other property shall be
7399     forwarded to the commissioner by a panel of three qualified appraisers appointed as follows:
7400          (a) one by the commissioner;
7401          (b) one by the owner of the livestock or other property subject to condemnation; and
7402          (c) one by the appraisers specified in Subsections (1)(a) and (b).
7403          (2) After review, the commissioner shall forward the appraisal to the board of

7404     examiners described in Subsection 63G-9-201(2)[,] together with the commissioner's
7405     recommendation concerning the amount, if any, that should be allowed.
7406          (3) Any costs incurred in the appraisal shall be paid by the state.
7407          Section 314. Section 4-31-108 is amended to read:
7408          4-31-108. Euthanasia for postmortem examination.
7409          The commissioner may order the [slaughter and post-mortem] euthanasia and
7410     postmortem examination of a diseased domestic animal if the exact nature of the animal's
7411     disease is not readily [ascertained] determined through other means.
7412          Section 315. Section 4-31-109.1 is amended to read:
7413          4-31-109.1. Trichomoniasis fines.
7414          (1) A person who knowingly sells a bull infected with trichomoniasis, other than to
7415     slaughter, without declaring the disease status of the animal shall be subject to citation and
7416     fines as prescribed by the department or may be called to appear before an administrative
7417     proceeding by the department, as established by rule in accordance with Title 63G, Chapter 3,
7418     Utah Administrative Rulemaking Act, and Section 4-31-109.
7419          (2) After May 15 of each calendar year, an owner of a bull that has not been tested for
7420     trichomoniasis [shall] may be fined $1,000 per [violation] bull.
7421          (3) An owner of a bull that has not been tested for trichomoniasis and that has been
7422     exposed to female cattle [shall] may be fined $1,000 per [violation] animal regardless of the
7423     time of year.
7424          Section 316. Section 4-31-113 is amended to read:
7425          4-31-113. Restrictions on movement of infected or exposed animals.
7426          (1) A person who owns or has possession of an animal and knows that the animal is
7427     infected with, or has been exposed to, any contagious or infectious disease[,] may not:
7428          (a) permit the animal to run at large[,] or come in contact with[,] an animal that can be
7429     infected; or
7430          (b) sell, ship, trade, or give away [an] the infected animal without disclosing that the
7431     animal is diseased or has been exposed to disease.
7432          (2) A person who violates Subsection (1) is liable to the owner or occupant of the
7433     premises for any damage inflicted by an infected animal.
7434          [(2)] (3) The provisions of this section do not apply to protected wildlife that is:

7435          (a) living in nature; and
7436          (b) under the jurisdiction of the Division of Wildlife Resources.
7437          Section 317. Section 4-31-114 is amended to read:
7438          4-31-114. Report of vesicular disease.
7439          (1) A person who identifies symptoms of vesicular disease in livestock shall
7440     immediately report it to the department.
7441          (2) Failure of a veterinarian licensed in this state to report to the department a
7442     diagnosed case of vesicular disease [to the department] constitutes ground for the revocation of
7443     such veterinarian's license.
7444          (3) Failure by an owner of livestock to report symptoms of vesicular disease among the
7445     owner's livestock constitutes forfeiture of the right to claim an indemnity for an animal
7446     [slaughtered] euthanized on account of the disease.
7447          Section 318. Section 4-31-115 is amended to read:
7448          4-31-115. Contagious or infectious disease -- Duties of department.
7449          (1) (a) The department shall investigate and may quarantine any reported case of
7450     contagious or infectious disease, or any epidemic[,] or poisoning, affecting a domestic animal
7451     or an animal that the department believes may jeopardize the health of animals within the state.
7452          (b) The department shall make a prompt and thorough examination of all
7453     circumstances surrounding the disease, epidemic, or poisoning and may order quarantine, care,
7454     or any necessary remedies.
7455          (c) The department may also order immunization or testing and sanitary measures to
7456     prevent the spread of disease.
7457          (d) [Investigations] An investigation involving fish or wildlife shall be conducted
7458     under a cooperative agreement with the Division of Wildlife Resources.
7459          (2) (a) If the owner or person in possession of such [animals] an animal, after written
7460     notice from the department, fails to take the action ordered, the commissioner is authorized to
7461     seize and hold the [animals] animal and take action necessary to prevent the spread of disease,
7462     including immunization, testing, dipping, or spraying.
7463          (b) An animal seized for testing or treatment under this section [shall] may be sold by
7464     the commissioner at public sale to reimburse the department for all costs incurred in the
7465     seizure, testing, treatment, maintenance, and sale of the animal unless the owner, before the

7466     sale, tenders payment for the costs incurred by the department.
7467          (c) (i) No seized animal shall be sold until the owner or person in possession of the
7468     animal is served with a notice specifying the itemized costs incurred by the department [and],
7469     the time, place, and purpose of sale, and the number of animals to be sold.
7470          (ii) The notice shall be served at least three days in advance of sale in the manner:
7471          (A) prescribed for personal service in Rule 4(d)(1), Utah Rules of Civil Procedure; or
7472          (B) if the owner cannot be found after due diligence, [in the manner] prescribed for
7473     service by publication in Rule 4(d)(4), Utah Rules of Civil Procedure.
7474          (3) (a) Any amount realized from the sale of the animal over the total charges shall be
7475     paid to the owner of the animal[,] if the owner is known or can by reasonable diligence be
7476     found[; otherwise,].
7477          (b) If the owner is unknown and cannot be found by reasonable diligence, as described
7478     in Subsection (3)(a), the excess shall remain in the General Fund.
7479          (c) If the total cost incurred is greater than the amount realized, the owner shall pay the
7480     difference.
7481          Section 319. Section 4-31-116 is amended to read:
7482          4-31-116. Quarantine -- Peace officers to assist in maintenance of quarantine.
7483          (1) The commissioner may quarantine any infected domestic animal or area within the
7484     state to prevent the spread of infectious or contagious disease.
7485          (2) A sheriff or other peace officer in the state shall, upon request of the commissioner,
7486     assist the department in maintaining a quarantine and arrest a person who violates [it] the
7487     quarantine.
7488          (3) The department shall pay all costs and fees incurred by any law enforcement
7489     authority in assisting the department.
7490          Section 320. Section 4-32-101, which is renumbered from Section 4-32-1 is
7491     renumbered and amended to read:
7492     
CHAPTER 32. UTAH MEAT AND POULTRY PRODUCTS INSPECTION AND

7493     
LICENSING ACT

7494          [4-32-1].      4-32-101. Title.
7495          This chapter [shall be] is known as [and may be cited as] the "Utah Meat and Poultry
7496     Products Inspection and Licensing Act."

7497          Section 321. Section 4-32-102, which is renumbered from Section 4-32-2 is
7498     renumbered and amended to read:
7499          [4-32-2].      4-32-102. Purpose declaration.
7500          (1) It is the purpose of this chapter to provide a meat and poultry inspection program in
7501     the state at least equal to the programs imposed under the:
7502          (a) Federal Meat Inspection Act, [the federal] 21 U.S.C. Sec. 601 et seq;
7503          (b) Poultry Products Inspection Act, [and the] 21 U.S.C. Sec. 451 et seq;
7504          (c) Humane Slaughter Act[.], 7 U.S.C. Sec. 1901 et seq; and
7505          (d) the Egg Product Inspection Act, 21 U.S.C. 1031 et seq.
7506          (2) The commissioner shall administer and enforce this chapter to accomplish [this] the
7507     purpose described in Subsection (1).
7508          Section 322. Section 4-32-103, which is renumbered from Section 4-32-2.1 is
7509     renumbered and amended to read:
7510          [4-32-2.1].      4-32-103. Adoption of federal provisions.
7511          (1) The following federal laws, regulations, and standards are adopted by reference:
7512          (a) 9 C.F.R. Part 300 through Part 500 and Part 590;
7513          (b) the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq.;
7514          (c) the Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq.; [and]
7515          (d) the Humane Slaughter Act, 7 U.S.C. Sec. 1901 et seq[.]; and
7516          (e) the Egg Product Inspection Act, 21 U.S.C. 1031 et seq.
7517          (2) Changes to the federal laws, regulations, and standards referenced in Subsection (1)
7518     are considered incorporated as those changes are made.
7519          Section 323. Section 4-32-104, which is renumbered from Section 4-32-2.2 is
7520     renumbered and amended to read:
7521          [4-32-2.2].      4-32-104. Emergency rules.
7522          The department may make emergency rules concerning the meat and poultry inspection
7523     program only in accordance with Section 63G-3-304.
7524          Section 324. Section 4-32-105, which is renumbered from Section 4-32-3 is
7525     renumbered and amended to read:
7526          [4-32-3].      4-32-105. Definitions.
7527          As used in this chapter:

7528          (1) "Adulterated" means any meat or poultry product that:
7529          (a) bears or contains any poisonous or deleterious substance that may render it
7530     injurious to health, but, if the substance is not an added substance, the meat or poultry product
7531     is not considered adulterated under this subsection if the quantity of the substance in or on the
7532     meat or poultry product does not ordinarily render it injurious to health;
7533          (b) bears or contains, by reason of the administration of any substance to the animal or
7534     otherwise, any added poisonous or added deleterious substance that in the judgment of the
7535     commissioner makes the meat or poultry product unfit for human food;
7536          (c) contains, in whole or in part, a raw agricultural commodity and that commodity
7537     bears or contains a pesticide chemical that is unsafe within the meaning of 21 U.S.C. Sec.
7538     346a;
7539          (d) bears or contains any food additive that is unsafe within the meaning of 21 U.S.C.
7540     Sec. 348;
7541          (e) bears or contains any color additive that is unsafe within the meaning of 21 U.S.C.
7542     Sec. 379e[;], provided[,] that a meat or poultry product that is not otherwise considered
7543     adulterated under Subsection (1)(c) or (d) [of this section] is considered adulterated if use of
7544     the pesticide chemical, food additive, or color additive is prohibited in official establishments
7545     by federal law, regulation, or standard;
7546          (f) consists, in whole or in part, of any filthy, putrid, or decomposed substance or is for
7547     any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;
7548          (g) has been prepared, packaged, or held under unsanitary conditions if the meat or
7549     poultry product may have become contaminated with filth, or if it may have been rendered
7550     injurious to health;
7551          (h) is in whole or in part the product of an animal that died other than by slaughter;
7552          (i) is contained in a container that is composed, in whole or in part, of any poisonous or
7553     deleterious substance that may render the meat or poultry product injurious to health;
7554          (j) has been intentionally subjected to radiation, unless the use of the radiation
7555     conforms with a regulation or exemption in effect pursuant to 21 U.S.C. Sec. 348;
7556          (k) has a valuable constituent in whole or in part omitted, abstracted, or substituted; or
7557     if damage or inferiority is concealed in any manner; or if any substance has been added, mixed,
7558     or packed with the meat or poultry product to increase its bulk or weight, [or] reduce its quality

7559     or strength, or [to] make it appear better or of greater value; or
7560          (l) is margarine containing animal fat and any of the raw material used in the margarine
7561     consists in whole or in part of any filthy, putrid, or decomposed substance.
7562          (2) "Animal" means a domesticated or captive mammalian or avian species.
7563          (3) "Animal food manufacturer" means any person engaged in the business of
7564     preparing animal food derived from animal carcasses or parts or products of the carcasses.
7565          (4) "Ante mortem inspection" means an inspection of a live animal immediately before
7566     slaughter.
7567          (5) "Broker" means any person engaged in the business of buying and selling meat or
7568     poultry products other than for the person's own account.
7569          (6) "Capable of use as human food" means any animal carcass, or part or product of a
7570     carcass, unless it is denatured or otherwise identified as required by rules of the department to
7571     deter [its] the carcass or product's use as human food.
7572          (7) "Commissioner" includes a person authorized by the commissioner to carry out
7573     [this chapter's provisions.] the provisions of this chapter.
7574          (8) "Container" or "package" means any box, can, tin, cloth, plastic, or other receptacle,
7575     wrapper, or cover.
7576          (9) "Custom exempt processing" means processing meat or wild game as a service for
7577     the person who owns the meat or wild game and uses the meat and meat food products for the
7578     person's own consumption, including consumption by immediate family members and
7579     non-paying guests.
7580          (10) "Custom exempt slaughter":
7581          (a) means slaughtering an animal as a service for the person who owns the animal and
7582     uses the meat and meat products for the person's own consumption, including consumption by
7583     immediate family members and non-paying guests; and
7584          (b) includes farm custom slaughter.
7585          (11) "Diseased animal":
7586          (a) means an animal that:
7587          (i) is diagnosed with a disease not known to be cured; or
7588          (ii) has exhibited signs or symptoms of a disease that is not known to be cured; and
7589          (b) does not include an otherwise healthy animal that suffers only from injuries such as

7590     fractures, cuts, or bruises.
7591          (12) "Farm custom mobile unit" means a portable slaughter vehicle or trailer that is
7592     used by a farm custom slaughter licensee to slaughter animals.
7593          (13) "Farm custom slaughter" means custom exempt slaughtering of an animal for an
7594     owner without official inspection.
7595          (14) "Farm custom slaughter license" means a license issued by the department to
7596     allow farm custom slaughter.
7597          (15) "Farm custom slaughter NOT FOR SALE tag" means a tag issued by the
7598     department to the owner of the facility before the animal is slaughtered that specifies the
7599     animal's identification and certifies its ownership[, which is issued by the department through a
7600     brand inspector to the owner of the animal before it is slaughtered.].
7601          (16) "Federal acts" means:
7602          (a) the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq.;
7603          (b) the Federal Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq.; [and]
7604          (c) the Humane Slaughter Act, 7 U.S.C. 1901 et seq[.]; and
7605          (d) the Egg Product Inspection Act, 21 U.S.C. 1031 et seq.
7606          (17) "Federal Food, Drug and Cosmetic Act" means the act so entitled, approved June
7607     25, 1938 (52 Stat. 1040) (21 U.S.C. 301 et seq.), and any amendments to [it] the act.
7608          (18) "Immediate container" means any consumer package, or any other container, in
7609     which meat or poultry products not consumer packaged[,] are packed.
7610          (19) "Inspector" means a [licensed veterinarian or competent lay person working under
7611     the supervision of a licensed graduate veterinarian.] department employee who is trained in:
7612          (a) humane handling;
7613          (b) ante-mortem and post-mortem inspection;
7614          (c) processing inspection; and
7615          (d) regulatory requirements.
7616          (20) "Label" means a display of printed or graphic matter upon any meat or poultry
7617     product or the immediate container, not including package liners, of any such product.
7618          (21) "Labeling" means all labels and other printed or graphic matter:
7619          (a) upon any meat or poultry product or any of its containers or wrappers; or
7620          (b) accompanying a meat or poultry product.

7621          (22) "Licensee" means a person who holds a valid farm custom slaughter license.
7622          (23) "Meat" means the edible muscle, and other edible parts, of an animal, including
7623     edible:
7624          (a) skeletal muscle;
7625          (b) organs;
7626          (c) muscle found in the tongue, diaphragm, heart, or esophagus; and
7627          (d) fat, bone, skin, sinew, nerve, or blood vessel that normally accompanies meat and is
7628     not ordinarily removed in processing.
7629          (24) "Meat establishment" means a plant or fixed premises used to:
7630          (a) slaughter animals for human consumption; or
7631          (b) process meat or poultry products for human consumption.
7632          (25) "Meat product" means any product capable of use as human food that is made
7633     wholly or in part from any meat or other part of the carcass of any non-avian animal.
7634          (26) "Misbranded" means any meat or poultry product that:
7635          (a) bears a label that is false or misleading in any particular;
7636          (b) is offered for sale under the name of another food;
7637          (c) is an imitation of another food, unless the label bears, in type of uniform size and
7638     prominence, the word "imitation" followed by the name of the food imitated;
7639          (d) if [its] it has a container, the container is [so] made, formed, or filled as to be
7640     misleading;
7641          (e) does not bear a label showing:
7642          (i) the name and place of business of the manufacturer, packer, or distributor; and
7643          (ii) an accurate statement of the quantity of the product in terms of weight, measure, or
7644     numerical count[;], provided[,] that under this Subsection (26)(e), exemptions as to meat and
7645     poultry products not in containers may be established by rules of the department and that under
7646     this Subsection (26)(e)(ii), reasonable variations may be permitted, and exemptions for small
7647     packages may be established for meat or poultry products by rule of the department;
7648          (f) does not bear any word, statement, or other information required by or under
7649     authority of this chapter to appear on the label or other labeling that is not prominently placed
7650     with such conspicuousness, as compared with other words, statements, designs, or devices, in
7651     the labeling, and in such terms as to render it likely to be read and understood by the ordinary

7652     individual under customary conditions of purchase and use;
7653          (g) is a food for which a definition and standard of identity or composition has been
7654     prescribed by rules of the department under Section [4-32-7] 4-32-109 if the food does not
7655     conform to the definition and standard and the label does not bear the name of the food and any
7656     other information that is required by the rule;
7657          (h) is a food for which a standard of fill has been prescribed by rule of the department
7658     for the container and the actual fill of the container falls below that prescribed unless [its] the
7659     food's label bears, in a manner and form as the rule specifies, a statement that [it] the food falls
7660     below the standard;
7661          (i) is a food for which no standard or definition of identity has been prescribed under
7662     Subsection (26)(g) unless [its] the label bears:
7663          (i) the common or usual name of the food, if there be any; and
7664          (ii) if [it] the food is fabricated from two or more ingredients, the common or usual
7665     name of each such ingredient[;], except that spices, flavorings, and colorings may, when
7666     authorized by the department, be designated as spices, flavorings, and colorings without
7667     naming each[;], provided[,] that to the extent that compliance with the requirements of this
7668     Subsection (26)(i)(ii) is impracticable, or results in deception or unfair competition,
7669     exemptions shall be established by rule;
7670          (j) is a food that purports to be or is represented to be for special dietary uses, unless
7671     [its] the label bears information concerning [its] the food's vitamin, mineral, and other dietary
7672     properties as the department, after consultation with the Secretary of Agriculture of the United
7673     States, prescribes by rules as necessary to inform purchasers as to [its] the food's value for
7674     special dietary uses;
7675          (k) bears or contains any artificial flavoring, artificial coloring, or chemical
7676     preservative, unless [it] the food bears labeling stating that fact[;], provided[,] that to the extent
7677     that compliance with the requirements of this subsection are impracticable, exemptions shall be
7678     prescribed by rules of the department; or
7679          (l) does not bear directly thereon and on [its] the food's containers, as the department
7680     may prescribe by rule, the official inspection legend and establishment number of the official
7681     establishment where the product was prepared, and, unrestricted by any of the foregoing, other
7682     information as the department may require by rule to assure that the meat or poultry product

7683     will not have false or misleading labeling and that the public will be informed of the manner of
7684     handling required to maintain [it] the meat or poultry product in a wholesome condition.
7685          (27) "Official certificate" means any certificate prescribed by rules of the department
7686     for issuance by an inspector or other person performing official functions under this chapter.
7687          (28) "Official device" means [any] a device prescribed or authorized by the
7688     commissioner for use in applying [any] an official mark.
7689          (29) "Official establishment" means [any] an establishment at which inspection of the
7690     slaughter of animals or the preparation of meat or poultry products is maintained under the
7691     authority of this chapter.
7692          (30) "Official inspection" means where domestic animals are slaughtered or
7693     preparations for slaughter are carried out under grant of inspection that is issued by the
7694     department.
7695          [(30)] (31) "Official inspection legend" means [any] a symbol prescribed by rules of
7696     the department showing that a meat or poultry product was inspected and passed in accordance
7697     with this chapter.
7698          [(31)] (32) "Official mark" means the official legend or [any] other symbol prescribed
7699     by rules of the department to identify the status of [any] an animal carcass or meat or poultry
7700     product under this chapter.
7701          [(32)] (33) "Pesticide chemical," "food additive," "color additive," and "raw
7702     agricultural commodity," have the same meanings for purposes of this chapter as ascribed to
7703     them in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
7704          [(33)] (34) "[Post mortem] Postmortem inspection" means an inspection of a
7705     slaughtered food animal's carcass after slaughter.
7706          [(34)] (35) "Poultry" means any domesticated bird, whether living or dead.
7707          [(35)] (36) "Poultry product" means any product capable of use as human food that is
7708     made wholly or in part from any poultry carcass, excepting products that contain poultry
7709     ingredients in relatively small proportion or that historically have not been considered by
7710     consumers as products of the poultry food industry, and that are exempted from definition as a
7711     poultry product by the commissioner.
7712          [(36)] (37) "Prepared" means slaughtered, canned, salted, stuffed, rendered, boned, cut
7713     up, or otherwise manufactured or processed.

7714          [(37)] (38) "Process" means to cut, grind, manufacture, compound, smoke, intermix, or
7715     prepare meat or poultry products.
7716          [(38)] (39) "Renderer" means any person engaged in the business of rendering animal
7717     carcasses, or parts or products of animal carcasses, except rendering conducted under
7718     inspection or exemption under this chapter.
7719          [(39)] (40) "Slaughter" means:
7720          (a) the killing of an animal in a humane manner including skinning or dressing; or
7721          (b) the process of performing any of the specified acts in preparing an animal for
7722     human consumption.
7723          [(40)] (41) "Wild game" means an animal, the products of which are food that is not
7724     classified as a domesticated food animal, captive game animal, or captive game bird, including
7725     the following when not domesticated:
7726          (a) deer;
7727          (b) elk;
7728          (c) antelope;
7729          (d) moose;
7730          (e) bison;
7731          (f) bear;
7732          (g) rabbit;
7733          (h) squirrel;
7734          (i) raccoon; and
7735          (j) birds.
7736          Section 325. Section 4-32-106, which is renumbered from Section 4-32-4 is
7737     renumbered and amended to read:
7738          [4-32-4].      4-32-106. Meat establishment license -- Slaughtering livestock
7739     except in licensed meat establishment prohibited -- Exceptions -- Violation a
7740     misdemeanor.
7741          (1) A person may not, except in a licensed meat establishment, slaughter animals for
7742     human consumption or assist other persons in the slaughter or processing of animals except as
7743     otherwise provided in Subsection (2), (3), or (4).
7744          (2) A person who raises an animal or an employee of that person may slaughter an

7745     animal without a farm custom slaughter license if:
7746          (a) slaughtering or processing animals is not prohibited by local ordinance;
7747          (b) any hide, viscera, blood, or other tissue is disposed of by removal to a rendering
7748     facility[,] or landfill[,] or by burial, as allowed by law;
7749          (c) the meat or poultry product derived from the slaughtered animal is consumed
7750     exclusively by the person or the person's immediate family, regular employees of the person, or
7751     nonpaying guests; and
7752          (d) the meat or poultry product is marked "Not For Sale."
7753          (3) Farm custom slaughter may be performed by a person who holds a valid farm
7754     custom slaughter license.
7755          (4) A retail establishment that processes meat or poultry products primarily for sale to
7756     individual consumers at the retail establishment is exempt from provisions requiring licensing
7757     of a meat establishment if:
7758          (a) the retail establishment is not engaged in slaughter operations;
7759          (b) the retail establishment sells the processed meat and poultry products only to
7760     individual consumers at the retail establishment[,] or to restaurants or institutions for use in
7761     meals served at those restaurants or institutions;
7762          (c) the retail establishment's sales of processed meat and poultry products to restaurants
7763     or institutions do not exceed the federal adjusted dollar limitation, or 25% by dollar volume of
7764     all meat sales from the retail establishment, whichever is less;
7765          (d) the retail establishment receives meat only from a meat establishment licensed
7766     under this chapter or inspected by the United States Department of Agriculture under 21 U.S.C.
7767     [Sections] Secs. 451 to 695;
7768          (e) the operator of the retail establishment does not sell[,] to any person other than an
7769     individual consumer[,] any meat or poultry product that is cured, smoked, seasoned, canned, or
7770     cooked at the retail establishment;
7771          (f) the retail establishment does not sell any meat or poultry product that is cured,
7772     smoked, seasoned, canned, or cooked at the retail establishment at a location other than the
7773     retail establishment; and
7774          (g) the operator of the retail establishment does not sell[,] to any person other than an
7775     individual consumer[,] any meat product made by combining meat from different animal

7776     species at the retail establishment.
7777          (5) Any person who violates this section, except as otherwise provided in Subsection
7778     (6), is guilty of a class C misdemeanor.
7779          (6) Any person who offers for sale or sells any uninspected meat or poultry product is
7780     guilty of a class B misdemeanor.
7781          Section 326. Section 4-32-107, which is renumbered from Section 4-32-5 is
7782     renumbered and amended to read:
7783          [4-32-5].      4-32-107. Meat establishment and farm custom slaughter licenses --
7784     Application -- Fees -- Expiration -- Renewal.
7785          (1) A person may not operate a meat establishment in the state without a meat
7786     establishment license issued by the department.
7787          (2) (a) Application for a license to operate a meat establishment shall be made to the
7788     department upon a form prescribed and furnished by the department.
7789          (b) Upon receipt of a proper application, compliance with all applicable rules, and the
7790     payment of an annual license fee determined by the department according to Subsection [4-2-2]
7791     4-2-103(2), the commissioner, if satisfied that the public convenience and necessity will be
7792     served, shall issue a license allowing the applicant to operate a meat establishment through
7793     December 31 of the year in which the license is issued, subject to suspension or revocation for
7794     cause.
7795          (c) A meat establishment license is annually renewable on or before December 31 of
7796     each year, upon the payment of an annual license renewal fee in an amount determined by the
7797     department according to Subsection [4-2-2] 4-2-103(2).
7798          (3) (a) Application for a farm custom slaughter license to engage in the business of
7799     slaughtering livestock shall be made to the department on a form prescribed and furnished by
7800     the department.
7801          (b) Upon receipt of a proper application, compliance with all applicable rules, and
7802     payment of a license fee in an amount determined by the department according to Subsection
7803     [4-2-2] 4-2-103(2), the commissioner shall issue a license allowing the applicant to engage in
7804     farm custom slaughtering.
7805          (c) A farm custom slaughter license is annually renewable on or before December 31 of
7806     each year, upon the payment of an annual renewal license fee in an amount determined by the

7807     department according to Subsection [4-2-2] 4-2-103(2).
7808          Section 327. Section 4-32-108, which is renumbered from Section 4-32-6 is
7809     renumbered and amended to read:
7810          [4-32-6].      4-32-108. Duties of person who holds a farm custom slaughter
7811     license.
7812          Each person who holds a farm custom slaughter license shall:
7813          (1) keep accurate records of each animal slaughtered, including:
7814          (a) the name, address, and telephone number of each person for whom the animal is
7815     slaughtered[,];
7816          (b) a full description of each animal slaughtered including age, brands, marks, or other
7817     identifying marks, proof of ownership, and the destination of the carcass for processing[,]; and
7818          (c) the date of slaughter;
7819          (2) require that each animal presented for slaughter bear a farm custom slaughter not
7820     for sale tag;
7821          (3) render the animal to be slaughtered insensible to pain by captive bolt, gunshot,
7822     electric shock, or other humane means before it is shackled, hoisted, thrown, cast, or cut; and
7823          (4) stamp and tag the carcass of any slaughtered animal "Not For Sale."
7824          Section 328. Section 4-32-109, which is renumbered from Section 4-32-7 is
7825     renumbered and amended to read:
7826          [4-32-7].      4-32-109. Mandatory functions, powers, and duties of department
7827     prescribed.
7828          (1) The department shall make rules pursuant to Title 63G, Chapter 3, Utah
7829     Administrative Rulemaking Act, concerning the following functions, powers, and duties, in
7830     addition to those specified in Chapter 1, Short Title and General Provisions, for the
7831     administration and enforcement of this chapter[:].
7832          [(1)] (2) The department shall require antemortem and postmortem inspections,
7833     quarantine, segregation, and reinspections by inspectors appointed for those purposes with
7834     respect to the slaughter of animals and the preparation of meat and poultry products at official
7835     establishments, except as provided in Subsection [4-32-8] 4-32-110(13).
7836          [(2)] (3) The department shall require that:
7837          (a) animals be identified for inspection purposes;

7838          (b) meat or poultry products, or their containers be marked or labeled as:
7839          (i) "Utah Inspected and Passed" if, upon inspection, the products are found to be
7840     unadulterated; and
7841          (ii) "Utah Inspected and Condemned" if, upon inspection, the products are found to be
7842     adulterated; and
7843          (c) condemned animal carcasses or products, which otherwise would be used for
7844     human consumption, be destroyed under the supervision of an inspector.
7845          [(3)] (4) The department shall prohibit or limit meat products, poultry products, or
7846     other materials not prepared under inspection procedures provided in this chapter, from being
7847     brought into official establishments.
7848          [(4)] (5) The department shall require that labels and containers for meat and poultry
7849     products:
7850          (a) bear all information required by Section [4-32-13] 4-23-115 if the product leaves
7851     the official establishment; and
7852          (b) be approved before sale or transportation.
7853          [(5)] (6) For official establishments required to be inspected under Subsection [(1)] (2),
7854     the department shall:
7855          (a) prescribe sanitary standards;
7856          (b) require sanitary inspections; and
7857          (c) refuse to provide inspection service if the sanitary conditions allow adulteration of
7858     any meat or poultry product.
7859          [(6)] (7) (a) The department shall require that any person engaged in a business referred
7860     to in Subsection [(6)] (7)(b):
7861          (i) keep accurate records disclosing all pertinent business transactions;
7862          (ii) allow inspection of the business premises at reasonable times and examination of
7863     inventory, records, and facilities; and
7864          (iii) allow samples to be taken.
7865          (b) Subsection [(6)] (7)(a) applies to any person who:
7866          (i) slaughters animals;
7867          (ii) prepares, freezes, packages, labels, buys, sells, transports, or stores any meat or
7868     poultry products for human or animal consumption;

7869          (iii) renders animals; or
7870          (iv) buys, sells, or transports any dead, dying, disabled, or diseased animals, or parts of
7871     their carcasses that died by a method other than slaughter.
7872          [(7)] (8) (a) The department shall:
7873          (i) adopt by reference rules [and regulations] under federal acts with changes that the
7874     commissioner considers appropriate to make the rules [and regulations] applicable to
7875     operations and transactions subject to this chapter; and
7876          (ii) [promulgate] make any other rules considered necessary for the efficient execution
7877     of the provisions of this chapter, including rules of practice providing an opportunity for
7878     hearing in connection with the issuance of orders under Subsection [(5)] (6) or under
7879     Subsection [4-32-8] 4-32-110(1), (2), or (3) and prescribing procedures for proceedings in
7880     these cases.
7881          (b) These procedures do not preclude requiring that a label or container be withheld
7882     from use, or inspection be refused under Subsections [(1) and (5)] (2) and (6), or Subsection
7883     [4-32-8] 4-32-110(3), pending issuance of a final order in the proceeding.
7884          [(8)] (9) (a) To prevent the inhumane slaughtering of animals, inspectors shall be
7885     appointed to examine and inspect methods of handling and slaughtering animals.
7886          (b) Inspection of slaughtering establishments may be refused or temporarily suspended
7887     if animals have been slaughtered or handled by any method not in accordance with the Humane
7888     Methods of Slaughter Act of 1978, Pub. L. No. 95-445.
7889          (c) Before slaughtering an animal in accordance with requirements of Kosher, Halal, or
7890     a religious faith's requirements that discourage stunning of the animal, the person slaughtering
7891     the animal shall file a written request with the commissioner.
7892          [(9)] (10) (a) The department shall require an animal showing symptoms of disease
7893     during antemortem inspection, performed by an inspector appointed for that purpose, to be set
7894     apart and slaughtered separately from other livestock and poultry.
7895          (b) When slaughtered, the carcasses of livestock and poultry are subject to careful
7896     examination and inspection in accordance with rules prescribed by the commissioner.
7897          Section 329. Section 4-32-110, which is renumbered from Section 4-32-8 is
7898     renumbered and amended to read:
7899          [4-32-8].      4-32-110. Discretionary functions, powers, and duties of

7900     commissioner prescribed.
7901          The commissioner may:
7902          (1) remove inspectors from any official establishment that fails to:
7903          (a) destroy condemned products pursuant to Subsection [4-32-7(2)] 4-32-109(3); or
7904          (b) comply with any other of this chapter's requirements;
7905          (2) refuse to provide inspection for any official establishment for any cause specified in
7906     Section 401 of the Federal Meat Inspection Act or Section 18 of the federal Poultry Products
7907     Inspection Act;
7908          (3) withhold the use of labels and containers if the labeling is false or misleading or the
7909     containers are misleading in size or form;
7910          (4) prescribe the type size and style to be used for labeling:
7911          (a) information;
7912          (b) definitions; and
7913          (c) standards of identity, composition, or container fill;
7914          (5) prescribe conditions for the storage and handling of meat and poultry products by
7915     any person who sells, freezes, stores, or transports these products to prevent them from
7916     becoming adulterated or misbranded;
7917          (6) require that equines be slaughtered and prepared in official establishments separate
7918     from those where other animals are slaughtered or their products are prepared;
7919          (7) require that the following people register the name and address of each place of
7920     business and all trade names:
7921          (a) broker;
7922          (b) renderer;
7923          (c) animal food manufacturer;
7924          (d) wholesaler;
7925          (e) public warehouseman of meat or poultry products; or
7926          (f) anyone engaged in the business of buying, selling, or transporting any:
7927          (i) dead, dying, disabled, or diseased animals; or
7928          (ii) parts of animal carcasses that died other than by slaughter;
7929          (8) make inspections of official establishments at night, as well as during the day, if
7930     animals or meat and poultry products are slaughtered and prepared for commercial purposes in

7931     those establishments at night;
7932          (9) divide the state into inspection districts and designate killing days and partial
7933     killing days for each official establishment;
7934          (10) cooperate with the Secretary of Agriculture of the United States in the
7935     administration of this chapter and accept federal assistance and use funds appropriated for the
7936     administration of this chapter to pay the state's proportionate share of the cooperative program;
7937          (11) recommend the names of officials and employees of the department to the
7938     Secretary of Agriculture of the United States for appointment to the advisory committees
7939     provided for in the federal acts;
7940          (12) serve as the representative of the governor for consultation with the Secretary of
7941     Agriculture under paragraph (c) of Section 301 of the Federal Meat Inspection Act and Section
7942     5(c) of the federal Poultry Products Inspection Act, unless the governor selects another
7943     representative; and
7944          (13) exempt from inspection:
7945          (a) the slaughter and processing of an animal by any person who raises an animal for
7946     the person's own use, members of the person's household, employees, or nonpaying guests;
7947          (b) custom exempt slaughter and processing operations;
7948          (c) farm custom slaughter performed by a licensee; and
7949          (d) any other operation, if the exemption:
7950          (i) furthers the purposes of this chapter; and
7951          (ii) conforms to federal acts.
7952          Section 330. Section 4-32-111, which is renumbered from Section 4-32-9 is
7953     renumbered and amended to read:
7954          [4-32-9].      4-32-111. Additional powers of commissioner.
7955          (1) The commissioner may:
7956          (a) gather and compile information concerning, and[, to] investigate the organization,
7957     business, conduct, practices, and management of, any person subject to this chapter;
7958          (b) require any person subject to this chapter to file information regarding the person's
7959     business or operation as the commissioner requires;
7960          (c) for the purpose of this chapter, at all reasonable times have access to, for the
7961     purpose of examination, and the right to copy, any documentary evidence[,] of any person

7962     being investigated or proceeded against, and may require by subpoena the attendance and
7963     testimony of witnesses and the production of all documentary evidence of any person relating
7964     to any matter under investigation;
7965          (d) require the attendance of witnesses and the production of documentary evidence at
7966     any place designated for hearing; [in case of disobedience to a subpoena, the commissioner
7967     may]
7968          (e) invoke the aid of any court of competent jurisdiction to compel the attendance of
7969     witnesses and the production of documentary evidence , in the case of disobedience to a
7970     subpoena ; and
7971          [(e)] (f) order testimony to be taken by deposition in any proceeding or investigation
7972     pending under this chapter at any stage of the proceeding or investigation[; the depositions may
7973     be taken before any person with power to administer oaths designated by the commissioner,
7974     and the testimony shall be reduced to writing by the person taking the deposition, or under his
7975     direction and shall then be subscribed by the deponent].
7976          (2) In the event a witness asserts a privilege against self-incrimination, testimony and
7977     evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of
7978     Immunity.
7979          (3) (a) (i) Any person who without just cause neglects or refuses to attend and testify or
7980     to answer any lawful inquiry, or to produce documentary evidence, if in [his] the person's
7981     power to do so, in obedience to the subpoena or lawful requirement of the commissioner is
7982     guilty of a class A misdemeanor. [Any]
7983          (ii) A fine imposed for a violation of Subsection (3)(a)(i) may not be less than $500.
7984          [(b) Any person that]
7985          (b) (i) A person is guilty of a class A misdemeanor if the person:
7986          (A) willfully makes, or causes to be made, any false entry or statement of fact in any
7987     report required to be made under this chapter[, or that];
7988          (B) willfully makes, or causes to be made, any false entry in any account, record, or
7989     memorandum kept by any person subject to this chapter[, or that];
7990          (C) neglects or fails to make, or to cause to be made, full, true, and correct entries in
7991     those accounts, records, or memoranda, of all facts and transactions appertaining to the
7992     business of that person; or [that]

7993          (D) willfully removes out of the jurisdiction of this state, or willfully mutilates, alters,
7994     or by any other means falsifies any documentary evidence of any person subject to this chapter
7995     or that willfully refuses to submit to the commissioner or to any of the commissioner's
7996     authorized agents, for the purpose of inspection and making copies, any documentary evidence
7997     of any person subject to this chapter within the person's possession or control [is guilty of a
7998     class A misdemeanor. Any].
7999          (ii) A fine imposed for a violation of Subsection (3)(b)(i) may not be less than $500.
8000          (c) (i) If any person required by this chapter to file any annual or special report fails to
8001     do so within the time fixed by the commissioner, and the failure continues for 30 days after
8002     notice of default, the person shall forfeit to the state the sum of $10 for each day of the
8003     continuance of the failure, which forfeiture is payable into the treasury of this state, and is
8004     recoverable in a civil suit in the name of the state brought in the district where the person has a
8005     principal office or in any district in which he does business.
8006          (ii) The various county attorneys, under the direction of the attorney general of this
8007     state, shall prosecute for the recovery of the forfeitures.
8008          (iii) The costs and expenses of prosecution shall be paid out of the appropriation for
8009     the expenses of the courts of this state.
8010          Section 331. Section 4-32-112, which is renumbered from Section 4-32-10 is
8011     renumbered and amended to read:
8012          [4-32-10].      4-32-112. Judicial review of orders enforcing chapter.
8013          (1) Any party aggrieved by an order issued under Subsection [4-32-7(3)] 4-32-109(4)
8014     or under Subsection [4-32-8] 4-32-110(1), (2), or (3) may obtain judicial review.
8015          (2) The district courts have jurisdiction to enforce this chapter, and to prevent and
8016     restrain violations of this chapter, and have jurisdiction in all other kinds of cases arising under
8017     this chapter.
8018          (3) All proceedings for the enforcement of this chapter, or to restrain violations of this
8019     chapter, shall be by and in the name of this state.
8020          Section 332. Section 4-32-113, which is renumbered from Section 4-32-11 is
8021     renumbered and amended to read:
8022          [4-32-11].      4-32-113. Preparation and slaughter of livestock, poultry, or
8023     livestock and poultry products -- Adulterated or misbranded products -- Violation of rule

8024     or order.
8025          (1) An animal or meat or poultry product that may be used for human consumption
8026     shall not be:
8027          (a) slaughtered or prepared unless it is done in compliance with this chapter's
8028     requirements;
8029          (b) sold, transported, offered for sale or transportation, or received for transportation, if
8030     it is adulterated or misbranded, unless it has been inspected and approved; or
8031          (c) subjected to any act while being transported or held for sale after transportation
8032     resulting in one of the products becoming adulterated or being misbranded.
8033          (2) A person may not violate any rule or order of the commissioner under Subsection
8034     [4-32-7(3) or (6)] 4-32-109(4) or (7), or Subsection [4-32-8] 4-32-110(3), (5), or (7).
8035          Section 333. Section 4-32-114, which is renumbered from Section 4-32-12 is
8036     renumbered and amended to read:
8037          [4-32-12].      4-32-114. Unauthorized use or possession of official devices, labels,
8038     marks, or certificates -- False statements, misrepresentations, and trade secrets.
8039          (1) A person may not cast, print, lithograph, or make any device or label containing or
8040     bearing any official mark or simulation of a mark, or any form or simulation of an official
8041     certificate, unless authorized by the commissioner.
8042          (2) A person may not:
8043          (a) forge any official device, mark, or certificate;
8044          (b) use any official device, mark, or certificate without the authorization of the
8045     commissioner;
8046          (c) alter, detach, deface, or destroy any official device, mark, or certificate;
8047          (d) fail to use, detach, deface, or destroy any