This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 14, 2018 at 11:37 AM by estauffer.
1     
UTAH AGRICULTURAL CODE AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Margaret Dayton

5     
House Sponsor: Lee B. Perry

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions of the Utah Commercial Feed Act, Utah Seed Act, Utah
10     Noxious Weed Act, and the Utah Livestock Brand and Anti-Theft Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     describes the circumstances under which the department can refuse or cancel a
15     commercial feed registration;
16          ▸     changes labeling requirements for commercial feed;
17          ▸     changes labeling requirements for seed;
18          ▸     adds nonprofit organization to the list of entities that:
19               •     the department can enter into a cooperative agreement with; and
20               •     can receive money from the Invasive Species Mitigation Account;
21          ▸     specifies requirements for transporting domesticated elk;
22          ▸     specifies unlawful acts; and
23          ▸      makes technical changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          4-16-102, as renumbered and amended by Laws of Utah 2017, Chapter 345
31          4-16-201, as renumbered and amended by Laws of Utah 2017, Chapter 345
32          4-16-202, as renumbered and amended by Laws of Utah 2017, Chapter 345
33          4-17-114, as renumbered and amended by Laws of Utah 2017, Chapter 345
34          4-17-115, as renumbered and amended by Laws of Utah 2017, Chapter 345
35          4-24-102, as renumbered and amended by Laws of Utah 2017, Chapter 345
36          4-24-104, as renumbered and amended by Laws of Utah 2017, Chapter 345
37          4-24-303, as renumbered and amended by Laws of Utah 2017, Chapter 345
38          4-24-307, as renumbered and amended by Laws of Utah 2017, Chapter 345
39          4-24-502, as renumbered and amended by Laws of Utah 2017, Chapter 345
40          4-39-205, as last amended by Laws of Utah 2017, Chapter 345
41          4-39-304, as last amended by Laws of Utah 2017, Chapter 345
42          4-39-305, as last amended by Laws of Utah 2017, Chapter 345
43          4-39-306, as last amended by Laws of Utah 2017, Chapter 345
44          4-39-401, as last amended by Laws of Utah 2017, Chapter 345
45     RENUMBERS AND AMENDS:
46          4-12-101, (Renumbered from 4-12-1, as last amended by Laws of Utah 1992, Chapter
47     30)
48          4-12-102, (Renumbered from 4-12-2, as last amended by Laws of Utah 2007, Chapter
49     179)
50          4-12-103, (Renumbered from 4-12-3, as last amended by Laws of Utah 2008, Chapter
51     382)
52          4-12-104, (Renumbered from 4-12-4, as last amended by Laws of Utah 2017, Chapter
53     345)
54          4-12-105, (Renumbered from 4-12-5, as last amended by Laws of Utah 2007, Chapter
55     179)
56          4-12-106, (Renumbered from 4-12-6, as enacted by Laws of Utah 1979, Chapter 2)
57          4-12-107, (Renumbered from 4-12-7, as enacted by Laws of Utah 1979, Chapter 2)
58          4-12-108, (Renumbered from 4-12-8, as enacted by Laws of Utah 1979, Chapter 2)
59     

60     Be it enacted by the Legislature of the state of Utah:
61          Section 1. Section 4-12-101, which is renumbered from Section 4-12-1 is renumbered
62     and amended to read:
63     
CHAPTER 12. UTAH COMMERCIAL FEED ACT

64          [4-12-1].      4-12-101. Title.
65          This chapter is known as the "Utah Commercial Feed Act."
66          Section 2. Section 4-12-102, which is renumbered from Section 4-12-2 is renumbered
67     and amended to read:
68          [4-12-2].      4-12-102. Definitions.
69          As used in this chapter:
70          (1) "Adulterated commercial feed" means any commercial feed that:
71          (a) (i) [that] contains any poisonous or deleterious substance that may render it
72     injurious to health;
73          (ii) [that] contains any added poisonous, added deleterious, or added nonnutritive
74     substance that is unsafe within the meaning of 21 U.S.C. Sec. 346, other than a pesticide
75     chemical in or on a raw agricultural commodity or a food additive;
76          (iii) [that] contains any food additive or color additive that is unsafe within the
77     meaning of 21 U.S.C. Sec. 348 or 379e;
78          (iv) [that] contains a pesticide chemical in or on a raw agricultural commodity [which]
79     that is unsafe within the meaning of 21 U.S.C. Sec. 346a unless it is used in or on the raw
80     agricultural commodity in conformity with an exemption or tolerance prescribed under 21
81     U.S.C. Sec. 346a and is subjected to processing such as canning, cooking, freezing,
82     dehydrating, or milling, so that the residue, if any, of the pesticide chemical in or on [such] the
83     processed feed is removed to the extent possible through good manufacturing practices as
84     prescribed by rules of the department so that the concentration of the residue in the processed
85     feed is not greater than the tolerance prescribed for the raw agricultural commodity in 21
86     U.S.C. Sec. 346a;
87          (v) [that] contains viable weed seeds in amounts exceeding limits established by rule of
88     the department; [or]
89          (vi) [that] contains a drug that does not conform to good manufacturing practice as
90     prescribed by federal regulations promulgated under authority of the Federal Food, Drug, and
91     Cosmetic Act, 21 U.S.C. Sec. 301 et seq., for medicated feed premixes and for medicated feeds
92     unless the department determines that [such] the regulations are not appropriate to the
93     conditions that exist in this state; [or]
94          (vii) contains any filthy, putrid, or decomposed substance, or is otherwise unfit for
95     feed; or
96          (viii) has been prepared, packed, or held under unsanitary conditions; or
97          (b) [that] has a valuable constituent omitted or abstracted from it, in whole or in part,
98     or its composition or quality falls below or differs from that represented on its label or in
99     labeling.
100          (2) "Brand name" means [any word, name, symbol, or device that identifies the
101     distributor or registrant of a commercial feed.] one or more words, names, symbols, or devices
102     that:
103          (a) identify a distributor or registrant's commercial feed; and
104          (b) distinguish the distributor or registrant's commercial feed from the commercial feed
105     of others.
106          [(3) "Commercial feed" means all materials, except unadulterated whole unmixed
107     seeds or unadulterated physically altered entire unmixed seeds, that are distributed for use as
108     feed or for mixing in feed; provided, that the department may exempt from this definition by
109     rule, or from specific sections of this chapter, commodities such as hay, straw, stover, silage,
110     cobs, husks, hulls, and individual chemical compounds or substances if the commodities,
111     compounds, or substances are not inter-mixed or mixed with other materials, and are not
112     adulterated within the meaning of Subsection (1)(a).]
113          (3) (a) "Commercial feed" means all materials that are distributed for use as feed or for
114     mixing in feed.
115          (b) "Commercial feed" does not include:
116          (i) unadulterated, whole, unmixed seeds;
117          (ii) unadulterated, physically altered, entire, unmixed seeds; or
118          (iii) any unadulterated commodity that the department specifies by rule made in
119     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, including hay,
120     straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances,
121     unless the commodities, compounds, or substances are intermixed or mixed with other
122     materials.
123          (4) "Contract feeder" means a person who:
124          (a) is an independent contractor; and
125          (b) in accordance with the terms of a contract:
126          (i) is provided commercial feed;
127          (ii) feeds the commercial feed to an animal; and
128          (iii) receives remuneration that is calculated in whole or in part by feed consumption,
129     mortality, profit, product amount, or product quality.
130          [(4)] (5) "Customer-formula feed" means commercial feed that consists of a mixture of
131     commercial feeds or feed ingredients, each batch of which is manufactured according to the
132     specific instructions of the final purchaser.
133          [(5)] (6) "Distribute" means to:
134          (a) offer for sale, sell, exchange, or barter commercial feed; or
135          (b) supply, furnish, or otherwise provide commercial feed to a contract feeder.
136          [(6)] (7) "Drug" means any article intended:
137          (a) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in
138     animals other than [man and articles other than feed intended] humans; and
139          (b) to affect the structure or any function of the animal body, unless the article is feed.
140          [(7)] (8) "Feed ingredient" means each constituent material in a commercial feed.
141          [(8)] (9) "Label" means any written, printed, or graphic matter upon or accompanying a
142     commercial feed.
143          [(9)] (10) "Manufacture" means to grind, mix, blend, or otherwise process a
144     commercial feed for distribution.
145          [(10)] (11) "Mineral feed" means a commercial feed intended to supply primarily
146     mineral elements or inorganic nutrients.
147          [(11)] (12) (a) "Misbranded" means any commercial feed, whether in a container or in
148     bulk, that bears a label that:
149          (i) is false or misleading in any particular[, or that bears a label that]; or
150          (ii) does not strictly conform to the labeling requirements of Section [4-12-5] 4-12-105.
151          (b) "Misbranded" includes commercial feed that is distributed under the name of
152     another commercial feed.
153          [(12)] (13) "Official sample" means a sample of commercial feed taken by the
154     department in accordance with this chapter and designated as "official."
155          [(13)] (14) "Percent" or "percentage" means percentage by weight.
156          (15) "Pet" means a domesticated dog or cat.
157          (16) "Pet food" means a commercial feed prepared and distributed for consumption by
158     a pet.
159          (17) "Product name" means the name of the commercial feed that:
160          (a) identifies the kind, class, or specific use of the commercial feed; and
161          (b) distinguishes the commercial feed from all other products bearing the same brand
162     name.
163          (18) "Quantity statement" means the net weight in mass, liquid measurement, or count.
164          (19) "Specialty pet" means any animal normally maintained in a household for
165     nonproduction purposes, including rodents, ornamental birds, ornamental fish, reptiles,
166     amphibians, ferrets, hedgehogs, marsupials, and rabbits.
167          (20) "Specialty pet food" means a commercial feed prepared and distributed for
168     consumption by a speciality pet.
169          [(14)] (21) "Ton" means a net weight of 2,000 pounds avoirdupois.
170          Section 3. Section 4-12-103, which is renumbered from Section 4-12-3 is renumbered
171     and amended to read:
172          [4-12-3].      4-12-103. Department authorized to make and enforce rules --
173     Cooperation with state and federal agencies authorized.
174          (1) The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative
175     Rulemaking Act, to make and enforce [such rules as in its judgment are necessary] rules to
176     administer and enforce this chapter and may cooperate with, or enter into agreements with,
177     other agencies of this state, other states, and agencies of the United States in the administration
178     and enforcement of this chapter.
179          (2) The department shall by rule adopt the following, unless the department determines
180     that they are inconsistent with the provisions of this chapter or are not appropriate to conditions
181     that exist in this state:
182          (a) the Official Definitions of Feed Ingredients and Official Feed Terms adopted by the
183     Association of American Feed Control Officials and published in the official publication of
184     that organization; and
185          (b) any federal regulation made pursuant to the authority of the Federal Food, Drug,
186     and Cosmetic Act, U.S.C. Sec. 301 et seq., unless the department does not have the authority
187     under this chapter to make a corresponding rule.
188          Section 4. Section 4-12-104, which is renumbered from Section 4-12-4 is renumbered
189     and amended to read:
190          [4-12-4].      4-12-104. Distribution of commercial and customer-formula feed --
191     Registration or license required -- Application -- Fees -- Expiration -- Renewal.
192          (1) (a) [No] A person may not distribute a commercial feed in this state [which is not
193     registered with] without a registration from the department. [Application for registration shall
194     be made to the department upon]
195          (b) Except as provided by Subsection (3)(a), a person shall apply for a registration from
196     the department for each brand name of commercial feed by:
197          (i) submitting forms prescribed and furnished by [it accompanied with] the department;
198     and
199          (ii) paying an annual registration fee, determined by the department pursuant to
200     Subsection 4-2-103(2)[, for each brand name of commercial feed registered].
201          (c) Upon receipt of [a proper application and payment of the appropriate fee] the
202     appropriate application forms and fee payment, the commissioner shall issue a registration to
203     the applicant allowing the applicant to distribute the registered commercial feed in this state
204     through December 31 of the year in which the registration is issued, subject to suspension or
205     revocation for cause.
206          (2) (a) Subject to Subsection (2)(b), the department may:
207          (i) refuse registration to any commercial feed found to not be in compliance with this
208     chapter; and
209          (ii) cancel the registration of any commercial feed found to not be in compliance with
210     this chapter.
211          (b) A registration may not be refused or canceled unless the department gives the
212     registrant an opportunity to:
213          (i) be heard before the department; and
214          (ii) amend the registrant's application in order to comply with the requirements of this
215     chapter.
216          [(2)] (3) (a) A person who distributes customer-formula feed is not required to register
217     [such] the feed, but is required to obtain a [permit] license from the department before
218     distribution. [Application for a customer-formula feed distribution permit shall be made to the
219     department upon]
220          (b) A person shall apply for a license to distribute customer-formula feed from the
221     department by:
222          (i) submitting forms prescribed and furnished by [it accompanied with an annual
223     permit fee] the department; and
224          (ii) paying an annual license fee, determined by the department pursuant to Subsection
225     4-2-103(2).
226          (c) Upon receipt [by the department of a proper application and payment of the
227     appropriate fee as prescribed by the department] of the appropriate application forms and fee
228     payment, the commissioner shall issue a [permit] license to the applicant allowing the applicant
229     to distribute customer-formula feed in this state through December 31 of the year in which the
230     [permit] license is issued, subject to suspension or revocation for cause.
231          [(3)] (4) (a) Each commercial feed registration is renewable for a period of one year
232     upon the payment of an annual registration renewal fee in an amount equal to the current
233     applicable original registration fee.
234          (b) Each registration renewal fee shall be paid on or before December 31 of each year.
235          [(4) A] (5) (a) Each customer-formula feed [permit] license is renewable for a period
236     of one year upon the payment of an annual [permit] license renewal fee in an amount equal to
237     the current applicable original [permit] license fee.
238          (b) Each [permit] license renewal fee shall be paid on or before December 31 of each
239     year.
240          Section 5. Section 4-12-105, which is renumbered from Section 4-12-5 is renumbered
241     and amended to read:
242          [4-12-5].      4-12-105. Labeling requirements for commercial and
243     customer-formula feed specified.
244          (1) [Each] Except for customer-formula feed, each container of commercial feed[,
245     except customer-formula feed,] distributed in this state shall bear a label [setting forth]
246     specifying:
247          (a) the name and principal mailing address of the manufacturer, distributor, or
248     registrant;
249          (b) the product [or] name and brand name, if any, under which [it] the commercial feed
250     is distributed;
251          (c) the [feed ingredients] common name of each feed ingredient used in the
252     commercial feed, stated in the manner prescribed by rule of the department, unless the
253     department finds that a full statement of ingredients is not required to serve the interests of a
254     consumer;
255          [(d) the net cumulative weight of the container and contents;]
256          (d) the guaranteed analysis of the feed, expressed on an as-is basis:
257          (i) advising the user of the feed composition; or
258          (ii) supporting claims made in the labeling;
259          (e) a quantity statement for the feed;
260          [(e)] (f) the lot number or some other means of lot identification; [and]
261          (g) adequate direction for the feed's safe and effective use; and
262          [(f)] (h) precautionary statements, if necessary, or any information prescribed by rule of
263     the department considered necessary for the safe and effective use of the feed.
264          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
265     department may by rule authorize a label to use a collective term for a group of ingredients that
266     perform a similar function.
267          [(2) (a) Each] (3) (a) Except for customer-formula feed, each bulk shipment of
268     commercial feed[, except customer-formula feed,] distributed in this state shall be
269     accompanied [with] by a printed or written statement specifying the information in
270     [Subsection] Subsections (1)(a) through [(f) of this section] (h).
271          (b) The statement shall be delivered to the purchaser at the time the bulk feed is
272     delivered.
273          [(3)] (4) Each container or bulk shipment of customer-formula feed distributed in this
274     state shall [bear a label or] be accompanied [with an invoice setting forth] by a label, invoice,
275     delivery slip, or other shipping document specifying:
276          (a) the name and principal mailing address of the manufacturer;
277          (b) the name and principal mailing address of the purchaser;
278          (c) the date of delivery;
279          [(d) the net weight of each registered commercial feed used in the mixture and the net
280     weight of each other ingredient used; and]
281          (d) the product name of each commercial feed;
282          (e) the quantity statement of each commercial feed;
283          (f) the net weight for each ingredient used that is not a commercial feed;
284          (g) except as provided in Subsection (5), the quantity statement of each ingredient used
285     in the mixture, stated in terms the department determines necessary to advise the user of the
286     feed composition or to support claims made on the label;
287          (h) directions for the feed's use;
288          (i) precautionary statements, if applicable; and
289          [(e)] (j) any information [prescribed by rule of the department] considered necessary
290     for the safe and effective use of the customer-formula feed as prescribed by rule of the
291     department.
292          (5) If the manufacturer of a customer-formula feed intends to protect a proprietary
293     formula, the information required by Subsection (4)(g) may be substituted with a guaranteed
294     analysis of each nutritional component the feed intends to deliver, stated in terms the
295     department determines necessary to advise the user of the feed composition.
296          (6) If a customer-formula feed contains a drug, the label shall include the:
297          (a) purpose of the medication;
298          (b) established name of each active drug ingredient; and
299          (c) amount of each drug included in the final mixture, expressed by weight, grams per
300     ton, or milligrams per pound.
301          Section 6. Section 4-12-106, which is renumbered from Section 4-12-6 is renumbered
302     and amended to read:
303          [4-12-6].      4-12-106. Enforcement -- Inspection and samples authorized --
304     Methods for sampling and analysis prescribed -- Results to be forwarded to registrant or
305     licensee -- Warrants.
306          (1) [The] In order to determine compliance with this chapter, the department:
307          (a) shall periodically sample, inspect, analyze, and test commercial feeds distributed
308     within this state [and may enter any public or private premises or vehicle for the purpose of
309     determining compliance with this chapter. It may also in conjunction with such activities
310     inspect records to determine compliance with this chapter.];
311          (b) may enter during normal business hours, within reasonable limits, and in a
312     reasonable manner, any:
313          (i) factory;
314          (ii) warehouse; or
315          (iii) establishment in which commercial feed is manufactured, processed, packed, or
316     held for distribution; and
317          (c) may enter any vehicle used to transport or hold commercial feed in order to inspect:
318          (i) equipment;
319          (ii) finished and unfinished materials;
320          (iii) containers;
321          (iv) records; and
322          (v) labels.
323          (2) [Methods] The department's methods for sampling and for analyses of feed
324     ingredients, mineral ingredients, or other ingredients, or for analyses of [commercial feed
325     mixtures (customer-formula feeds)] customer-formula feeds, shall be [made] in accordance
326     with methods published by the Association of Official Analytical Chemists or other generally
327     recognized methods.
328          (3) The [department shall be guided by the] official sample shall guide the department
329     in determining whether a commercial feed is misbranded, adulterated, or otherwise deficient.
330          (4) The department shall:
331          (a) forward the results of all tests of official samples [shall be forwarded by the
332     department to the registrant or permittee, as the case may be, to] to the manufacturer,
333     distributer, licensee, or registrant using the address specified on the container, label, or on the
334     written statement or invoice[. In addition, the department shall]; and
335          (b) furnish to the manufacturer, distributer, licensee, or registrant [or permittee] part of
336     any official sample [which it] that the department determines is misbranded or adulterated
337     upon written request to the department [made] by the manufacturer, distributer, licensee, or
338     registrant within 30 days after receipt of the unsatisfactory test results.
339          (5) [The department may proceed immediately, if admittance is refused,] If the
340     department is refused admittance authorized by Subsections (1)(b) and (1)(c), the department
341     may proceed immediately to obtain an ex parte warrant from the nearest court of competent
342     jurisdiction to allow entry upon the premises for the purpose of making inspections and
343     obtaining samples.
344          Section 7. Section 4-12-107, which is renumbered from Section 4-12-7 is renumbered
345     and amended to read:
346          [4-12-7].      4-12-107. Suspension or revocation authorized -- Refusal to register
347     or issue license authorized -- Grounds -- Stop sale, use, or removal order authorized --
348     Court action -- Procedure -- Costs.
349          (1) [The] Upon satisfactory evidence that a manufacturer, distributer, licensee, or
350     registrant has used fraudulent or deceptive practices in the registration, licensing, or
351     distribution of a commercial feed or customer-formula feed, the department may:
352          (a) suspend or revoke the registration [or permit, respectively,] or license of any brand
353     name of commercial feed or customer-formula feed[,]; or
354          (b) refuse to register [or issue a permit for] or license any brand name or product of
355     commercial feed[, upon satisfactory evidence that the registrant or permittee has used
356     fraudulent or deceptive practices in the registration of a commercial feed or in the issuance of a
357     permit, or in its distribution in this state] or customer-formula feed.
358          (2) (a) The department may issue a "stop sale, use, or removal order" to the distributor
359     or owner of any [designated] commercial feed or lot of commercial feed [which] that it finds or
360     has reason to believe is misbranded, adulterated, or [is] otherwise in violation of this chapter.
361          (b) The order described in Subsection (2)(a) shall be in writing and no commercial feed
362     subject to [it] the order shall be moved, offered, or exposed for sale, except upon subsequent
363     written release by the department.
364          (c) Before [a] an order release is issued, the department may require the distributor or
365     owner of the "stopped" commercial feed or lot of commercial feed to pay the expense incurred
366     by the department in connection with the withdrawal of the product from the market.
367          (3) (a) The department is authorized in a court of competent jurisdiction to seek:
368          (i) an order of seizure or condemnation of a commercial feed [which violates this
369     chapter or, upon proper grounds, to obtain];
370          (ii) a temporary restraining order; or
371          (iii) a permanent injunction to prevent the violation of this chapter.
372          (b) No bond shall be required of the department in an injunctive proceeding brought
373     under this section.
374          (4) If the court orders condemnation [is ordered,] of a commercial feed, the
375     commercial feed shall be disposed of as the court directs[; provided, that in no event shall it
376     order condemnation without giving the], provided the order gives the manufacturer, distributor,
377     licensee, or registrant [or other person] an opportunity to apply to the court for permission to:
378          (a) relabel, reprocess, or otherwise bring the commercial feed into conformance[, or for
379     permission to remove it] with this chapter and administrative rules; or
380          (b) remove the commercial feed from the state.
381          (5) If the court orders condemnation, court costs, fees, storage, and other costs shall be
382     awarded against the claimant of the commercial feed.
383          Section 8. Section 4-12-108, which is renumbered from Section 4-12-8 is renumbered
384     and amended to read:
385          [4-12-8].      4-12-108. Unlawful acts specified.
386          [No] A person in this state [shall] may not:
387          (1) manufacture or distribute adulterated or misbranded commercial feed;
388          (2) adulterate or misbrand any commercial feed;
389          (3) distribute agricultural products such as whole seed, hay, straw, stover, silage, cobs,
390     husks, or bulbs [which] that are adulterated;
391          (4) remove or dispose of any commercial feed in violation of a "stop sale, use, or
392     removal order[;" or]";
393          (5) distribute any commercial feed [which] that is not registered or any
394     customer-formula feed [which] that is not [subject to permit.] licensed; or
395          (6) reuse a bag or tote previously used for commercial feed, including
396     customer-formula feed, unless the user:
397          (a) appropriately cleans the bag or tote; and
398          (b) documents the clean-out procedure used on the bag or tote.
399          Section 9. Section 4-16-102 is amended to read:
400          4-16-102. Definitions.
401          As used in this chapter:
402          (1) "Advertisement" means any representation made relative to seeds, plants, bulbs, or
403     ground stock other than those on the label of a seed container, disseminated in any manner.
404          [(2) "Agricultural seeds" mean seeds of grass, forage plants, cereal crops, fiber crops,
405     sugar beets, seed potatoes, or any other kinds of seed or mixtures of seed commonly known
406     within this state as agricultural or field seeds.]
407          (2) "Agricultural seed" includes:
408          (a) grass, forage, cereal, oil, fiber, and other kinds of crop seed commonly recognized
409     within this state as agricultural seed;
410          (b) lawn seed;
411          (c) combinations of the seed described in Subsections (2)(a) and (2)(b); and
412          (d) noxious weed seed, if the department determines by rule made in accordance with
413     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that a noxious weed seed is being
414     used as agricultural seed.
415          (3) "Blend" means seed consisting of more than one variety of a kind, each in excess of
416     5% by weight of the whole.
417          (4) "Brand" means a word, name, symbol, number, or design used to:
418          (a) identify the seed of one person; and
419          (b) distinguish the seed of one person from the seed of another person.
420          (5) "Certifying agency" means:
421          (a) an agency authorized under the laws of a state, territory, or possession to officially
422     certify seed and that has standards and procedures approved by the United States Secretary of
423     Agriculture to assure the genetic purity and identity of the seed certified; or
424          (b) an agency of a foreign country determined by the United States Secretary of
425     Agriculture to adhere to procedures and standards for seed certification.
426          (6) (a) "Complete record" means all information that relates to the:
427          (i) origin, treatment, germination, purity, kind, and variety of each lot of agricultural
428     seed sold in this state; or
429          (ii) treatment, germination, kind, and variety of each lot of vegetable or flower seed
430     sold in this state.
431          (b) "Complete record" includes seed samples and records of declarations, labels,
432     purchases, sales, conditioning, bulking, treatment, handling, storage, analyses, tests, and
433     examinations.
434          (7) "Conditioning" means drying, cleaning, scarifying, and other operations that:
435          (a) could change the purity or germination of a seed; and
436          (b) require a seed lot to be retested to determine the label information.
437          (8) "Dormant" means viable seed, excluding hard seed, that fail to germinate when
438     provided the specified germination conditions for the kind of seed in question.
439          [(3)] (9) ["Flower seeds" mean seeds] "Flower seed" includes the seed of herbaceous
440     plants that are:
441          (a) grown for their blooms, ornamental foliage, or other ornamental [plants] parts; and
442          (b) commonly known and sold under the name of flower [seeds] or wildflower seed in
443     this state.
444          [(4)] (10) "Foundation seed," "registered seed," or "certified seed" means seed that is
445     produced and labeled in accordance with procedures officially recognized by a seed certifying
446     agency approved and accredited in this state.
447          (11) "Germination" means the emergence and development from the seed embryo of
448     those essential structures that are, for the kind of seed in question, indicative of the ability to
449     produce a normal plant under favorable conditions.
450          (12) "Hard seed" means seed that remains hard at the end of the prescribed germination
451     test period because the seed has not absorbed water due to an impermeable seed coat.
452          [(5)] (13) (a) "Hybrid" means the first generation seed of a cross produced by
453     controlling pollination and by combining:
454          (i) two or more inbred lines;
455          (ii) one inbred or a single cross with an open-pollinated variety; or
456          (iii) two varieties or species, except open-pollinated varieties of corn, Zea mays.
457          (b) [The] "Hybrid" does not mean the second generation [and] or subsequent
458     generations from the crosses referred to in Subsection [(5)(a) are not to be regarded as hybrids]
459     (13)(a).
460          [(c) Hybrid designations shall be treated as variety names.]
461          (14) "Inert matter" means all matter that is not seed, including broken seeds, sterile
462     florets, chaff, fungus bodies, and stones, as determined by methods defined by rule.
463          [(6)] (15) "Kind" means one or more related species or subspecies of seed [which] that
464     singly or collectively [is] are known by one common name, for example, corn, oats, alfalfa, and
465     timothy.
466          [(7)] (16) (a) "Label" means any written, printed, or graphic representation
467     accompanying and pertaining to any seeds, plants, bulbs, or ground stock whether in bulk or in
468     containers.
469          (b) "Label" includes [representations on invoices, bills, and letterheads.] a
470     representation on an invoice, bill, or letterhead.
471          (17) "Labeling" includes a tag or other device attached to, written, stamped, or printed
472     on a container or accompanying a lot of bulk seeds that:
473          (a) claims to specify the information required on the seed label by this chapter; and
474          (b) may include other information related to the labeled seed.
475          [(8)] (18) "Lot" means a definite quantity of seed identified by a number or other mark,
476     every [part] portion or bag of which is uniform within recognized tolerances[.] for the factors
477     that appear in the labeling.
478          (19) "Mixture" or "mix" or "mixed" means seed consisting of more than one kind, each
479     in excess of 5% by weight of the whole.
480          (20) "Mulch" means a protective covering of a suitable substance placed with seed that:
481          (a) acts to retain sufficient moisture to support seed germination and sustain early
482     seedling growth;
483          (b) aids in the prevention of the evaporation of soil moisture;
484          (c) aids in the control of weeds; and
485          (d) aids in the prevention of erosion.
486          [(9)] (21) "[Noxious-weed seeds" mean weed seeds] Noxious weed seed" means weed
487     seed declared noxious by the commissioner in accordance with Section 4-17-103.
488          (22) (a) "Off-type" means a seed or plant not part of the variety because the seed or
489     plant deviates in one or more characteristics from the variety.
490          (b) "Off-type" may include a seed or plant that:
491          (i) is of another variety;
492          (ii) is not necessarily any variety;
493          (iii) results from cross-pollination by another kind or variety; or
494          (iv) results from uncontrolled self-pollination during production of hybrid seeds.
495          (23) "Origin" means:
496          (a) for an indigenous stand of trees, the area on which the trees are growing; and
497          (b) for a nonindigenous stand of trees, the place from which the seeds or plants
498     originated.
499          (24) "Other crop seed" means the seed of plants grown as crops other than the kind or
500     variety included in the pure seed, as determined by methods defined by rule.
501          (25) "Person" means an individual, partnership, corporation, company, association,
502     receiver, trustee, or agent.
503          [(10) "Pure seed," "germination," or other terms in common use for testing seeds for
504     purposes of labeling shall have ascribed to them the meaning set forth for such terms in the
505     most recent edition of "Rules for Seed Testing" published by the Association of Official Seed
506     Analysts.]
507          (26) "Pure seed" means seed exclusive of inert matter and all other seed not of the seed
508     being considered as determined by methods defined by rule.
509          [(11)] (27) ["Seeds] "Seed for sprouting" means [seeds] seed sold for sprouting for
510     salad or culinary purposes.
511          [(12)] (28) "Sowing" means the placement of agricultural [seeds, vegetable seeds,
512     flower seeds, tree and shrub seeds, or seeds] seed, vegetable seed, flower seed, tree and shrub
513     seed, or seed for sprouting in a selected environment for the purpose of obtaining plant growth.
514          (29) "Tetrazolium test (TZ)" means a biochemical seed viability test using the
515     compound 2, 3, 5 triphenyl tetrazolium chloride (TTC), as specified in Part II, Tetrazolium
516     Testing Handbook, Contribution Number 29, to the handbook on Seed Testing, prepared by the
517     Tetrazolium subcommittee of the Association of Official Seed Analysts, 2008 Edition.
518          (30) "Total viable" is:
519          (a) equal to the sum of percentage germination, percentage dormant seed, and
520     percentage hard seed; or
521          (b) determined by a tetrazolium test for species identified in the rules for testing or for
522     species for which there are no rules for testing.
523          [(13) "Treated" means seed that has received an application of a substance to reduce,
524     control, or repel certain disease organisms, fungi, insects or other pests which may attack the
525     seed or its seedlings, or has received some other treatment to improve its planting value.]
526          (31) "Treated" means that a seed has received an application of a substance or been
527     subjected to a process about which a claim is made.
528          [(14)] (32) "Tree and shrub [seeds" mean seeds] seed" includes seed of woody plants
529     commonly known and sold [under the name of] as tree and shrub seeds in this state.
530          (33) "Type" means a group of varieties so nearly similar that the individual varieties
531     cannot be clearly differentiated except under special conditions.
532          (34) (a) "Variant" means a seed or plant that:
533          (i) is distinct within the variety but occurs naturally in the variety;
534          (ii) is stable and predictable with a degree of reliability comparable to other varieties of
535     the same kind, within recognized tolerances, when the variety is reproduced or reconstituted;
536     and
537          (iii) was originally a part of the variety as released.
538          (b) "Variant" does not include an off-type.
539          [(15)] (35) "Variety" means a subdivision of a kind [characterized by growth, yield,
540     plant, fruit, seed, or other characteristic, which differentiate it from other plants of the same
541     kind.] that is:
542          (a) distinct, meaning a variety can be differentiated by one or more identifiable
543     morphological, physiological, or other characteristics from all other varieties of public
544     knowledge;
545          (b) uniform, meaning that variations in essential and distinctive characteristics are
546     describable; and
547          (c) stable, meaning a variety's essential and distinctive characteristics and uniformity
548     will remain unchanged when reproduced or reconstituted as required by the category of variety.
549          [(16)] (36) "Vegetable [seeds" mean seeds] seed" includes the seed of those crops that
550     are:
551          (a) grown in gardens or on truck farms [that are]; and
552          (b) generally known and sold under the name of vegetable [seeds, plants, bulbs, and
553     ground stocks] or herb seed in this state.
554          [(17) "Weed seeds" mean seeds of any plant generally recognized as a weed within this
555     state.]
556          (37) "Weed seed" means the seed of all plants generally recognized as weeds within
557     this state, as determined by methods defined by rule.
558          Section 10. Section 4-16-201 is amended to read:
559          4-16-201. Labeling requirements specified for agricultural seed, components and
560     mixtures of lawn and turf seed, vegetable seed, flower seed, tree and shrub seed, and seed
561     for sprouting.
562          (1) Each container of seed that is transported, sold, offered, or exposed for sale within
563     this state shall bear thereon or have attached thereto a printed label that:
564          (a) is in a conspicuous place;
565          (b) is plainly written in the English language;
566          (c) specifies the information required by this chapter; and
567          (d) does not modify or deny the information required by this chapter in the labeling or
568     on another label attached to the container.
569          [(1)] (2) Each container of agricultural seed offered or exposed for sale or transported
570     for sowing into this state shall be labeled with the following information:
571          (a) [the common] name of the [kind or] kind and variety [of] for each seed component
572     in excess of 5% [by weight] of the whole and the [percent] percentage by weight of each
573     component in the order of its predominance in columnar form, provided that:
574          [(i) if any component is required by rule of the department to be labeled as a variety,
575     the label, in addition to stating the common name of the seed, shall specify the name of the
576     variety or, if allowed by rule of the department, state "Variety Not Stated";]
577          [(ii) if any component is a hybrid seed, that fact shall be stated on the label; and]
578          [(iii) if more than one component is required to be named, the word "mixture" shall
579     appear;]
580          (i) the label shall specify the name of the variety or state "Variety Not Stated" or
581     "VNS," for any component that is required by rule of the department to be labeled as a variety;
582          (ii) a hybrid shall be labeled as a hybrid;
583          (iii) the word "mix," " mixture," or "blend" shall appear, if more than one component is
584     required to be named; and
585          (iv) the total of the percentages described in Subsections (2)(a), (2)(d), 2(e), and (2)(f)
586     shall equal 100%;
587          (b) [the] name and address of the person who labeled the seed, or the person who sells,
588     offers, or exposes [it] the seed for sale in this state;
589          (c) [the] lot number or other lot identification;
590          (d) [the] percentage by weight of all weed seeds;
591          (e) [the] percentage by weight of agricultural or crop seeds other than those named on
592     the label pursuant to Subsection (2)(a);
593          (f) [the] percentage by weight of inert matter;
594          (g) [the] name and rate of occurrence per pound of each kind of restricted
595     [noxious-weed] noxious weed seed present for which tolerance is permitted;
596          (h) [the] origin, if known, of alfalfa, red clover, or field corn seed and, if the origin is
597     unknown, that fact shall be stated; [and]
598          (i) [the] month and year seed tests were conducted for each named agricultural seed,
599     specifying:
600          (i) [percent] percentage of germination, exclusive of hard or dormant seed; and
601          (ii) [percent] percentage of hard or dormant seed, if present; and
602          [(iii) total percent of germination and hard seed.]
603          (j) net weight.
604          (3) Coated seed shall be labeled with the:
605          (a) information required by Subsections 4-16-201(2)(a) through (2)(e) and (2)(g);
606          (b) percentage by weight of pure seed exclusive of coating material;
607          (c) percentage by weight of coating material;
608          (d) percentage by weight of inert material exclusive of coating material; and
609          (e) percentage of germination, determined on 400 pellets with or without seed.
610          [(2)] (4) Each container of [seed mixtures for lawn or] lawn and turf seed or lawn and
611     turf seed mixture offered or exposed for sale or transported for sowing into this state shall be
612     labeled with the following information:
613          (a) [the common] name of the [kind or] kind and variety [of each agricultural] for each
614     lawn and turf seed component in excess of 5% [by weight] of the whole, and the percentage by
615     weight of [pure seed in] each component in the order of its predominance in columnar form[;],
616     provided that:
617          (i) the label shall specify the name of the variety or state "Variety Not Stated" or
618     "VNS," for any component that is required by rule of the department to be labeled as a variety;
619          (ii) a hybrid shall be labeled as a hybrid; and
620          (iii) the total of the percentages described in Subsections (4)(a), (4)(d), (4)(e), and
621     (4)(f) shall equal 100%;
622          (b) [the] name and address of the person who labeled the seed, or the person who sells,
623     offers, or exposes [it] the seed for sale in this state;
624          (c) [the] lot number or other lot identification;
625          (d) [the] percentage by weight of all weed seeds;
626          (e) [the] percentage by weight of agricultural [seeds] or crop seeds other than those
627     [required to be] named on the label pursuant to Subsection (4)(a);
628          (f) [the] percentage by weight of inert matter;
629          (g) [the] name and rate of occurrence per pound of each kind of restricted
630     [noxious-weed] noxious weed seed present for which tolerance is permitted;
631          (h) [the] month and year seed tests were conducted for each named lawn and turf seed,
632     specifying:
633          (i) [percent] percentage of germination, exclusive of hard or dormant seed; and
634          (ii) [percent] percentage of hard or dormant seed, if present;
635          [(i) the word "mixed" or "mixture"; and]
636          (i) the word "mix," "mixture," or "blend," if more than one component is required to be
637     named; and
638          (j) [its] net weight.
639          [(3)] (5) [Each container of vegetable seeds weighing one pound or less offered or
640     exposed for sale or] Vegetable seed in packets prepared for home gardens or household
641     plantings or vegetable seed preplanted in containers, mats, tapes, or other planting devices shall
642     be labeled with the following information:
643          (a) [the common] name of the kind and variety of seed[;], provided that a hybrid shall
644     be labeled as a hybrid;
645          (b) [the] name and address of the person who labeled the seed, or the person who sells,
646     offers, or exposes [it] the seed for sale in this state;
647          (c) (i) [the] calendar month and year the [seed was tested or the year for which the seed
648     was packaged;] germination test was completed and sell by date, which may not be more than
649     12 months past the date of the germination test exclusive of the month of test;
650          (ii) year for which the seed was packaged for sale, stated as "Packed for yy," and year
651     of the seed sell by date, stated as "Sell by yy"; or
652          (iii) calendar month and year the germination test was completed and the percentage
653     germination, provided that the germination test was completed within the previous 12 months
654     exclusive of the month of test;
655          (d) [if germination of the seed is] seed with germination less than the germination
656     standard last established for the seed by the department, [the label] shall specify the:
657          (i) percentage of germination, exclusive of hard or dormant seed;
658          (ii) percentage of hard or dormant seed, if present; and
659          [(iii) the calendar month and year the germination test was completed to determine the
660     percentages; and]
661          [(iv)] (iii) [the] words "Below Standard" in not less than eight-point type; [and]
662          [(e) if the seeds are placed in a germination medium, mat, tape, or other device which
663     makes it difficult to determine the quantity of the seed without removing the seeds, a]
664          (e) statement to indicate the minimum number of seeds in the container[.], if the seed
665     are placed in a germination medium, mat, tape, or other device that makes it difficult to
666     determine the quantity of the seed without removing the seed;
667          (f) lot number or other lot identification; and
668          (g) the word "mix," "mixture," or "blend," if more than one component is required to
669     be named.
670          [(4) Each container of vegetable seeds weighing more than one pound offered or
671     exposed for sale or transported for sowing into this state]
672          (6) Vegetable seed not described in Subsection (5) shall be labeled with the following
673     information:
674          (a) [the common] name of each kind and variety [of seed component] present in excess
675     of 5% [by weight] of the whole and the percentage by weight of each in order of its
676     predominance[;] in columnar form, provided that a hybrid shall be labeled as a hybrid;
677          (b) [the] name and address of the person who labeled the seed, or the person who sells,
678     offers, or exposes [it] the seed for sale in this state;
679          (c) [the] lot number or other lot identification;
680          (d) [the] month and year seed tests were conducted, for each named vegetable seed,
681     specifying the:
682          (i) [the] percentage of germination, exclusive of hard or dormant seed; and
683          (ii) [the] percentage of hard or dormant seed, if present; [and]
684          (e) [the] name and rate of occurrence per pound of each kind of restricted
685     noxious-weed seed for which tolerance is permitted[.]; and
686          (f) the word "mix," "mixture," or "blend," if more than one component is required to be
687     named.
688          [(5)] (7) [Each container of flower seeds prepared in packets] Each packet of flower
689     seed prepared for use in home flower gardens or household plantings or flower [seeds] seed in
690     preplanted containers, mats, tapes, or other planting devices [and offered or exposed for sale in
691     this state] shall be labeled with the following information:
692          (a) [the common] name of the kind and variety [of the seeds] or a statement of [the]
693     type and performance characteristics of the seed[;] as prescribed by rule made in accordance
694     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provided that:
695          (i) a hybrid shall be labeled as a hybrid; and
696          (ii) the word "mix," "mixture," or "blend" shall appear, if more than one component is
697     required to be named;
698          (b) [the] name and address of the person who labeled the seed, or the person who sells,
699     offers, or exposes [it] the seed for sale in this state;
700          (c) (i) [the] calendar month and year [the seed was tested or the year for which the seed
701     was packaged;] the germination test was completed and the sell by date, which may not be
702     more than 12 months past the date of the germination test exclusive of the month of the test;
703          (ii) year for which the seed was packed for sale, stated as "Packed for yy," and year of
704     the seed sell by date, stated as "Sell by yy"; or
705          (iii) calendar month and year the germination test was completed and percentage
706     germination, provided that the germination test was completed within the previous 12 months
707     exclusive of the month of the test;
708          (d) [if germination of the seed is] seed with germination less than the germination
709     standard last established by the department, [the label] shall specify the:
710          (i) percentage of germination, exclusive of hard or dormant seed;
711          (ii) percentage of hard or dormant seed, if present; and
712          (iii) [the] words "Below Standard" in not less than eight-point type; and
713          [(e) if the seeds are placed in a germination medium, mat, tape, or other device which
714     makes it difficult to determine the quantity of seed without removing the seeds, a]
715          (e) statement to indicate the minimum number of seeds in the container[.], if the seeds
716     are placed in a germination medium, mat, tape, or other device that makes it difficult to
717     determine the quantity of seed without removing the seed.
718          [(6) Each container of flower seeds in other than packets prepared for use in home
719     flower gardens or household plantings and other than in preplanted containers, mats, tapes, and
720     other devices]
721          (8) Flower seed not described in Subsection (7) offered or exposed for sale in this state
722     shall be labeled with the following information:
723          (a) [the common] name of the kind and variety [of the seed or a] or statement of the
724     type and performance characteristics of the seed[;] as prescribed by rule made in accordance
725     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provided that:
726          (i) a hybrid shall be labeled as a hybrid; and
727          (ii) the word "mix," "mixture," or "blend" shall appear, if more than one component is
728     required to be named;
729          (b) genus and species of wildflower and the subspecies, if appropriate, of wildflower;
730          [(b)] (c) [the] name and address of the person who labeled the seed, or the person who
731     sells, offers, or exposes [it] the seed for sale in this state;
732          [(c)] (d) [the] lot number or other lot identification;
733          [(d) the month and year the seed was tested, or the year for which it was packaged;
734     and]
735          [(e) for those kinds of seeds for which standard testing procedures are prescribed:]
736          [(i) the] (e) percentage of germination, exclusive of hard or dormant seed; [and]
737          [(ii) the] (f) percentage of hard or dormant seed, if present[.];
738          (g) calendar month and year that testing was completed to determine percentages
739     described in Subsections (8)(e) and (8)(f); and
740          (h) wildflower seed with a pure seed percentage of less than 90% shall specify the
741     percentage by weight of:
742          (i) each component listed in order of predominance;
743          (ii) weed seed if present; and
744          (iii) inert matter.
745          [(7)] (9) Each container of tree and shrub [seeds] seed that is sold, offered, or exposed
746     for sale or transported for sowing into this state shall [be labeled with the following
747     information]:
748          (a) bear a label as required by Subsection 4-16-201(1), unless:
749          (i) each bag or other container is clearly identified by a lot number stenciled on the
750     container or the seed is in bulk; and
751          (ii) under a contractual agreement the seed may bear a label by invoice accompanying
752     the shipment or an analysis tag attached to the invoice; and
753          (b) bear on the label the following information:
754          [(a)] (i) [the common] name of the [species of] seed and name of the subspecies, if
755     appropriate;
756          [(b)] (ii) [the] scientific name of the genus and species and scientific name of the
757     subspecies, if appropriate;
758          [(c)] (iii) [the] name and address of the person who labeled the seed, or the person who
759     sells, offers, or exposes [it] the seed for sale in this state;
760          [(d)] (iv) [the] lot number or other lot identification;
761          [(e)] (v) information as to origin as follows:
762          [(i)] (A) [for] seed collected from a predominantly indigenous stand[,] shall specify the
763     area of collection given by latitude and longitude, [or] geographic description, or political
764     subdivision such as state or county; and
765          [(ii)] (B) [for] seed collected from other than a predominantly indigenous stand[,] shall
766     specify identity of the area of collection and the origin of the stand or state "origin not
767     indigenous";
768          [(f)] (vi) [the] elevation or the upper and lower limits of elevation within which [said]
769     the seed was collected;
770          [(g)] (vii) purity as a percentage of pure seed by weight;
771          [(h) for those species for which standard germination testing procedures are prescribed
772     by the commissioner, the following:]
773          [(i)] (viii) percentage of germination, exclusive of hard or dormant seed;
774          [(ii)] (ix) percentage of hard or dormant seed, if present; and
775          [(iii)] (x) [the] calendar month and year the germination test was completed to
776     determine [such percentages; and] percentages described in Subsections (9)(b)(viii) and
777     (9)(b)(ix).
778          [(i) for those species for which standard germination testing procedures have not been
779     prescribed by the commissioner, the calendar year in which the seed was collected.]
780          [(8)] (10) Each container of [seeds] seed for sprouting that is offered or exposed for
781     sale or transported for sowing into this state shall be labeled with the following information:
782          (a) [the] name and address of the person who labeled the seed, or the person who sells,
783     offers, or exposes [it] the seed for sale in this state;
784          (b) [the commonly accepted] name of the kind or kinds in order of predominance;
785          (c) lot number[;] or other identification;
786          (d) percentage by weight of each pure seed component in excess of 5% of the whole,
787     other crop seeds, inert matter, and weed seeds, if any;
788          (e) percentage of germination of each pure seed component[; and], exclusive of hard or
789     dormant seed;
790          (f) percentage of hard or dormant seed, if present;
791          [(f)] (g) [the] calendar month and year the [seed was tested] test was completed to
792     determine percentages described in Subsections (10)(d) through (10)(f) or the year for which
793     the seed was packaged[.]; and
794          [(9) Any written or printed matter of any label shall appear in English.]
795          (h) the word "mix," "mixture," or blend," if more than one component is required to be
796     named.
797          (11) A combination mulch, seed, and fertilizer product shall:
798          (a) contain a minimum of 70% mulch;
799          (b) bear a label with the word "combination" followed by the words "mulch - seed -
800     fertilizer" on the upper 30% of the principal display panel, provided that the:
801          (i) word "combination" shall be the largest and most conspicuous type on the container
802     and equal to or larger than the product name; and
803          (ii) words "mulch - seed - fertilizer" shall be no smaller than one-half the size of the
804     word "combination" and in close proximity to the word "combination"; and
805          (c) bear an analysis label, for agricultural and lawn and turf seed placed in a
806     germination medium, mat, tape, or other device or mixed with mulch, specifying the following
807     information:
808          (i) name of each kind and variety;
809          (ii) product name;
810          (iii) lot number;
811          (iv) percentage by weight of pure seed of each kind and variety named, including those
812     less than 5% of the whole, provided that the total of the percentages described in Subsections
813     (11)(c)(iv) through (11)(c)(vii) shall equal 100%;
814          (v) percentage by weight of other crop seed;
815          (vi) percentage by weight of inert matter, which may not be less than 70%;
816          (vii) percentage by weight of weed seed;
817          (viii) name and number of noxious weed seed per pound, if present;
818          (ix) percentage of germination of each kind or kind and variety named;
819          (x) percentage hard or dormant seed, if appropriate;
820          (xi) date of germination test; and
821          (xii) name and address of tagger.
822          (12) A product containing a combination of seed and granular fertilizer shall be labeled
823     with the following information:
824          (a) the word "combination" followed by the words "seed-fertilizer" on the upper 30%
825     of the principal display panel provided that:
826          (i) the word "combination" must be the largest and most conspicuous type on the
827     container and equal to or larger than the product name; and
828          (ii) the words "seed-fertilizer" shall be no smaller than one-half the size of the word
829     "combination" and in close proximity to the word "combination"; and
830          (b) an analysis label specifying the information listed in Subsection (11)(c) and the
831     percentage by weight of the fertilizer, listed on a separate line as a component of the inert
832     matter.
833          Section 11. Section 4-16-202 is amended to read:
834          4-16-202. Distribution of seeds -- Germination tests required -- Date to appear on
835     label -- Seed to be free of noxious weed seed -- Special requirements for treated seeds --
836     Prohibitions.
837          (1) [No] A person in this state [shall] may not offer or expose for sale or sowing any
838     seed for sprouting or any agricultural, vegetable, flower, or tree and shrub seed [or seeds for
839     sprouting for sale or sowing] unless:
840          (a) (i) for agricultural [seeds] seed, including mixtures of agricultural [seeds] seed:
841          (A) a test to determine the percentage of germination has been performed within 18
842     months, exclusive of the month the seed is tested and the date the seed is offered for sale; and
843          (B) the date of the test appears on the label;
844          (ii) for vegetable, flower, or tree and shrub seed or [seeds] seed for sprouting:
845          (A) a test to determine the percentage of germination has been performed within [nine]
846     12 months, exclusive of the month the seed is tested and the date the seed is offered for sale;
847     and
848          (B) the date of the test appears on the label;
849          (iii) for hermetically sealed agricultural, vegetable, flower, or tree and shrub seed:
850          (A) a test to determine the percentage of germination has been performed within 36
851     months, exclusive of the month the seed is tested and the date the seed is offered for sale[;
852     provided, that hermetically sealed seeds may be offered or exposed for sale after 36 months if
853     they], or the seed have been retested for germination within nine months, exclusive of the
854     month the seed is retested and the date the [seeds] seed are offered or exposed for sale; and
855          (B) the date of the test appears on the label;
856          (b) [its] the package or other container is truthfully labeled and in accordance with
857     Section 4-16-201; and
858          (c) [it] the seed is free of noxious weed seed, subject to any tolerance as may be
859     prescribed by the department through rule made in accordance with Title 63G, Chapter 3, Utah
860     Administrative Rulemaking Act.
861          (2) The label on any package or [other] container of an agricultural, vegetable, flower,
862     lawn and turf, or tree and shrub seed [which] or seed mixture that has been treated and for
863     which a claim is made on account of the treatment, in addition to the labeling requirements
864     specified in Section 4-16-201, shall:
865          (a) state that the [seeds] seed have been treated;
866          (b) state the commonly accepted name, generic chemical name, or abbreviated
867     chemical name of the substance used for treatment;
868          (c) [if the seed is treated with an inoculant,] state the date beyond which the inoculant
869     is not considered effective, if the seed is treated with an inoculant; and
870          (d) (i) include a caution statement consistent with rules of the department if the
871     treatment substance remains with the seed in an amount which is harmful to vertebrate animals;
872     [provided, that the] and
873          (ii) subject to Subsection (2)(d)(i), state in a caution statement for mercurials and
874     similarly toxic substances, as defined by rule of the department, [shall state] that the seed has
875     been treated with poison with "POISON" printed in red letters on a background of distinctly
876     contrasting color together with a representation of the skull and crossbones.
877          (3) A person may not:
878          (a) use the word "trace" as a substitute for a statement required under this chapter;
879          (b) disseminate any false or misleading advertisement about agricultural, vegetable,
880     flower, or tree and shrub seed or [seeds] seed for sprouting; or
881          (c) detach, alter, or destroy any label or substitute any seed in a manner [which] that
882     defeats the purpose of this chapter.
883          Section 12. Section 4-17-114 is amended to read:
884          4-17-114. Invasive Species Mitigation Account created.
885          (1) (a) As used in this section, "project" means an undertaking that:
886          [(a)] (i) rehabilitates or treats an area infested with, or threatened by, an invasive
887     species; or
888          [(b)] (ii) conducts research related to invasive species.
889          (b) As used in this section, "project" includes items and processes required prior to the
890     implementation of an undertaking described in Subsection (1)(a).
891          (2) (a) There is created a restricted account within the General Fund known as the
892     "Invasive Species Mitigation Account."
893          (b) The restricted account shall consist of:
894          (i) money appropriated by the Legislature;
895          (ii) grants from the federal government; and
896          (iii) grants or donations from a person.
897          (3) (a) [After consulting with the Department of Natural Resources and the
898     Conservation Commission, the] The department may expend money in the restricted account:
899          (i) on a project implemented by:
900          (A) the department; or
901          (B) the Conservation Commission created in Section 4-18-104; or
902          (ii) by giving a grant for a project to a:
903          (A) [a] state agency;
904          (B) [a] federal agency;
905          (C) [a] federal, state, tribal, or private landowner;
906          (D) [a] political subdivision;
907          (E) [a] county weed board;
908          (F) [a] cooperative weed management area; [or]
909          (G) nonprofit organization; or
910          [(G) a] (H) university.
911          (b) The department may use up to 10% of restricted account funds appropriated under
912     Subsection (2)(b)(i) on:
913          (i) department administration; or
914          (ii) project planning, monitoring, and implementation expenses.
915          (c) A project that receives funds from the Invasive Species Mitigation Account may not
916     spend more than 10% of an award of funds on planning and administration costs.
917          (d) A federal landowner that receives restricted account funds for a project shall match
918     the funds received from the restricted account with an amount that is equal to or greater than
919     the amount received from the restricted account.
920          (4) In giving a grant, the department shall consider the effectiveness of a project in the
921     rehabilitation or treatment of an area infested with, or threatened by, an invasive species.
922          Section 13. Section 4-17-115 is amended to read:
923          4-17-115. Cooperative agreements and grants to rehabilitate areas infested with
924     or threatened by invasive species.
925          [After consulting with the Department of Natural Resources and the Conservation
926     Commission, the] The department may:
927          (1) enter into a cooperative agreement with a political subdivision, a state agency, a
928     federal agency, a tribe, a county weed board, a cooperative weed management area, a nonprofit
929     organization, a university, or a private landowner to:
930          (a) rehabilitate or treat an area infested with, or threatened by, an invasive species; or
931          (b) conduct research related to invasive species;
932          (2) expend money from the Invasive Species Mitigation Account created in Section
933     4-17-114; and
934          (3) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
935     make rules to:
936          (a) administer this section; and
937          (b) give grants from the Invasive Species Mitigation Account.
938          Section 14. Section 4-24-102 is amended to read:
939          4-24-102. Definitions.
940          As used in this chapter:
941          (1) "Brand" means any identifiable mark applied to livestock [which] that is intended
942     to show ownership and the mark's location.
943          (2) "Carcass" means any part of the body of an animal, including entrails and edible
944     meats.
945          (3) "Domesticated elk" means the same as that term is defined in Section 4-39-102.
946          (4) "Hide" means any skins or wool removed from livestock.
947          (5) "Livestock" means cattle, calves, horses, mules, sheep, goats, or hogs[, or
948     domesticated elk].
949          (6) (a) "Livestock market" means a public market place consisting of pens or other
950     enclosures where cattle, calves, horses, or mules are received on consignment and kept for
951     subsequent sale, either through public auction or private sale.
952          (b) "Livestock market" does not mean:
953          (i) a place used solely for liquidation of livestock by a farmer, dairyman, livestock
954     breeder, or feeder who is going out of business; or
955          (ii) a place where an association of livestock breeders under the association's own
956     management[,] offers registered livestock or breeding sires for sale [and], assumes all
957     responsibility for the sale, guarantees title to the livestock or sires sold, and arranges with the
958     department for brand inspection of all animals sold.
959          (7) "Mark" means any cutting and shaping of the ears or brisket area of livestock
960     [which] that is intended to show ownership.
961          (8) "Open range" means land upon which cattle, sheep, or other domestic animals are
962     grazed or permitted to roam by custom, license, lease, or permit.
963          (9) "Slaughterhouse" means any building, plant, or establishment where animals are
964     harvested, dressed, or processed and their meat or meat products produced for human
965     consumption.
966          Section 15. Section 4-24-104 is amended to read:
967          4-24-104. Livestock Brand Board created -- Composition -- Terms -- Removal --
968     Quorum for transaction of business -- Compensation -- Duties.
969          (1) There is created the Livestock Brand Board consisting of seven members appointed
970     by the governor as follows:
971          (a) [four cattle ranchers] one feeder operator recommended by the Utah Cattlemen's
972     Association[, one of whom shall be a feeder operator];
973          (b) three cattle ranchers, one from each of the state's brand districts Ŝ→ [, recommended by
974     the county cattlemen's associations] ←Ŝ ;
975          [(b)] (c) one dairyman recommended by the Utah Dairymen's Association;
976          [(c)] (d) one livestock market operator recommended jointly by the Utah Cattlemen's
977     Association and the Utah Dairymen's Association [and the Livestock Market Association]; and
978          [(d)] (e) one horse breeder recommended by the Utah Horse Council.
979          (2) If a nominee is rejected by the governor, the recommending association shall
980     submit another nominee.
981          (3) (a) Except as required by Subsection (3)(b), as terms of current board members
982     expire, the governor shall appoint each new member or reappointed member to a four-year
983     term.
984          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
985     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
986     board members are staggered so that approximately half of the board is appointed every two
987     years.
988          (4) (a) A member may, at the discretion of the governor, be removed at the request of
989     the association that recommended the appointment.
990          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
991     appointed for the unexpired term.
992          (5) (a) One member elected by the board shall serve as chair for a term of one year and
993     be responsible for the call and conduct of meetings of the Livestock Brand Board.
994          (b) Attendance of a simple majority of the members at a duly called meeting shall
995     constitute a quorum for the transaction of official business.
996          (6) A member may not receive compensation or benefits for the member's service, but
997     may receive per diem and travel expenses in accordance with:
998          (a) Section 63A-3-106;
999          (b) Section 63A-3-107; and
1000          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1001     63A-3-107.
1002          (7) The Livestock Brand Board with the cooperation of the department shall direct the
1003     procedures and policies to be followed in administering and enforcing this chapter.
1004          Section 16. Section 4-24-303 is amended to read:
1005          4-24-303. Livestock -- Verification of ownership through brand inspection --
1006     Issuance of certificate of brand inspection -- Brand inspector may demand evidence of
1007     ownership -- Brand inspection of livestock seized by the federal government prohibited --
1008     Exception.
1009          (1) A brand inspector, as an agent of the department, shall verify livestock ownership
1010     by conducting a brand inspection during daylight hours.
1011          (2) After conducting the brand inspection, the brand inspector, if satisfied that the
1012     livestock subject to inspection bears registered brands or marks owned by the owner of the
1013     livestock, shall issue a brand inspection certificate to the owner or owner's agent.
1014          (3) The brand inspector shall record the number, sex, breed, and brand or mark on each
1015     animal inspected together with the owner's name.
1016          (4) If any livestock subject to inspection bears a brand or mark other than that of the
1017     owner, or if no brand or mark appears on [such] the livestock, the brand inspector may demand
1018     evidence of ownership before issuing a brand inspection certificate.
1019          (5) A brand inspector may not issue a brand inspection certificate for any privately
1020     owned livestock seized by the federal government unless the:
1021          (a) [the] brand inspector receives consent from the livestock's owner;
1022          (b) [the] owner is unknown; or
1023          (c) [the] brand inspector receives a copy of a court order authorizing the seizure.
1024          (6) Breed papers alone do not constitute proof of ownership, but may be considered as
1025     a factor in determining ownership.
1026          Section 17. Section 4-24-307 is amended to read:
1027          4-24-307. Transportation of sheep, cattle, horses, domesticated elk, or mules --
1028     Brand certificate or other evidence of ownership required -- Moving domesticated elk
1029     intrastate -- Transit permit -- Contents.
1030          (1) [No] Except as described in Subsection (2) and Section 4-39-305, a person may not
1031     transport any sheep, cattle, horses, domesticated elk, or mules without having an official state
1032     brand certificate or other proof of ownership in [his] the person's possession.
1033          (2) A person may transport domesticated elk without an official state brand certificate
1034     or other proof of ownership if the person:
1035          (a) only moves domesticated elk accompanied by an intrastate transfer form provided
1036     by the department;
1037          (b) reports the move to the department within five days;
1038          (c) only moves domesticated elk from a licensed facility to another licensed facility
1039     owned by the same person; and
1040          (d) only moves domesticated elk intrastate.
1041          (3) An official state brand inspection certificate shall accompany all domesticated elk
1042     sold or slaughtered.
1043          [(2)] (4) Each person transporting livestock for another person shall have a transit
1044     permit signed by the owner or the owner's authorized agent specifying the:
1045          (a) name of the person driving the vehicle;
1046          (b) date of transportation;
1047          (c) place of origin or loading;
1048          (d) destination;
1049          (e) date of issuance;
1050          (f) number of animals being transported; and
1051          (g) full description of an animal being transported.
1052          Section 18. Section 4-24-502 is amended to read:
1053          4-24-502. Unlawful acts specified -- Allegation concerning evidence of ownership
1054     relative to hides.
1055          (1) It is unlawful for any person to:
1056          (a) permit any cattle, calves, horses, mules, or sheep, except unweaned calves or colts,
1057     that are not branded or marked in accordance with this chapter, to forage upon an open range in
1058     this state or outside an enclosure;
1059          (b) brand or mark any livestock with a brand or mark [which] that is not a matter of
1060     record on the central brand and mark registry;
1061          (c) obliterate, change, or remove a recorded brand or mark; [or]
1062          (d) destroy, mutilate, or conceal any hide with intent to, or for the purpose of, removing
1063     evidence of ownership of the hide, or ownership of the animal from which the hide was
1064     removed[.];
1065          (e) hold or ship an estray or livestock owned by another without notifying the owner, a
1066     brand inspector, or law enforcement; or
1067          (f) offer for sale an estray or the livestock owned by another.
1068          (2) In any prosecution for violation of this section[,]:
1069          (a) the state [need not] does not need to allege the ownership of the hide[,] or the
1070     animal or carcass from which the hide was removed; and
1071          (b) the complaint or information [being] is sufficient if [it] the complaint or
1072     information alleges that ownership is unknown and that the hide is not the property of the
1073     defendant.
1074          Section 19. Section 4-39-205 is amended to read:
1075          4-39-205. License renewal.
1076          (1) To renew a license, the licensee shall submit to the department the following:
1077          (a) renewal fee;
1078          [(a)] (b) [an inspection certificate] paperwork showing that the:
1079          (i) [the] domesticated elk, on the domesticated elk facility, have been inspected and
1080     certified by the department for health, proof of ownership, and genetic purity certification for
1081     all elk imported into the state; and
1082          (ii) [the] facility has been properly maintained, as provided in this chapter, during the
1083     immediately preceding 60-day period; and
1084          [(b)] (c) [a] record of each purchase of domesticated elk and transfer of domesticated
1085     elk into the facility, which shall include the following information:
1086          (i) name, address, and health approval number of the source;
1087          (ii) date of transaction; and
1088          (iii) number and sex.
1089          (2) (a) If the [application for renewal is] renewal fee and paperwork are not received on
1090     or before April 30, a late fee will be charged.
1091          (b) A license may not be renewed until the fee is paid.
1092          (3) If the application and fee for renewal are not received on or before July 1, the
1093     license may not be renewed, and a new license shall be required.
1094          Section 20. Section 4-39-304 is amended to read:
1095          4-39-304. Marking domesticated elk.
1096          (1) Each domesticated elk[, not previously tattooed,] shall be marked by either [a
1097     tattoo, as provided in Subsection (2),] an official USDA tag or by an electronic identification
1098     tag, as provided in Subsection [(3)] (2):
1099          (a) within 30 days of a change of ownership; or
1100          (b) in the case of newborn calves, within 15 days after being weaned, but in any case,
1101     no later than [September 15] January 31.
1102          [(2) If a domesticated elk is identified with a tattoo, the tattoo shall:]
1103          [(a) be placed peri-anally or inside the right ear; and]
1104          [(b) consist of a four-digit herd number assigned by the department over a three-digit
1105     individual animal number assigned by the owner.]
1106          [(3)] (2) If a domesticated elk is identified with an electronic identification tag, it shall
1107     be placed in the right ear.
1108          Section 21. Section 4-39-305 is amended to read:
1109          4-39-305. Transportation of domesticated elk to or from domesticated elk
1110     facilities.
1111          [Any domesticated elk transferred to or from a domesticated elk facility within the state
1112     shall be:]
1113          [(1) accompanied by an intrastate movement of domesticated elk form specifying the
1114     following:]
1115          [(a) the name, address, and facility license number of the source;]
1116          [(b) the number, sex, and individual identification number; and]
1117          [(c) the name, address, and facility license number of the destination;]
1118          [(2) accompanied by proof of genetic purity as provided in Section 4-39-301; and]
1119          [(3) inspected by the department as provided in Section 4-39-306.]
1120          (1) A person may transport domesticated elk without an official state brand certificate
1121     or other proof of ownership if the person:
1122          (a) only moves domesticated elk accompanied by an intrastate transfer form provided
1123     by the department;
1124          (b) reports the move to the department within five days;
1125          (c) only moves domesticated elk from a licensed facility to another licensed facility
1126     owned by the same person; and
1127          (d) only moves domesticated elk intrastate.
1128          (2) An official state brand inspection certificate shall accompany all domesticated elk
1129     sold or slaughtered.
1130          Section 22. Section 4-39-306 is amended to read:
1131          4-39-306. Inspection before movement, sale, or slaughter.
1132          (1) Each domesticated elk facility licensee shall have the domesticated elk inspected by
1133     the department before [any transportation,] sale[,] or slaughter.
1134          (2) [Any] Except as provided by Section 4-39-305, any person transporting or
1135     possessing domesticated elk or domesticated elk products shall have the appropriate brand
1136     inspection certificate in the person's possession.
1137          Section 23. Section 4-39-401 is amended to read:
1138          4-39-401. Escape of domesticated elk -- Liability.
1139          (1) [It is the owner's responsibility to] The owner shall try to capture [any]
1140     domesticated elk that [may have escaped] escape.
1141          (2) The escape of a domesticated elk shall be reported immediately to the [state
1142     veterinarian or a brand inspector] domestic elk program manager, who shall notify the Division
1143     of Wildlife Resources.
1144          (3) If the domesticated elk is not recovered within 72 hours of the escape, the
1145     department, in conjunction with the Division of Wildlife Resources, shall take whatever action
1146     is necessary to resolve the problem.
1147          (4) The owner shall reimburse the state or a state agency for any reasonable recapture
1148     costs [that may be] incurred in the recapture or destruction of [the animal] an escaped
1149     domesticated elk.
1150          (5) [Any] An escaped domesticated elk taken by a licensed hunter in a manner that
1151     complies with the provisions of Title 23, Wildlife Resources Code of Utah, and the rules of the
1152     Wildlife Board shall be considered [to be] a legal taking and neither the licensed hunter, the
1153     state, nor a state agency shall be liable to the owner for the killing.
1154          (6) The owner shall be responsible [to contain] for containing the domesticated elk to
1155     ensure that there is no spread of disease from domesticated elk to wild elk and that the genetic
1156     purity of wild elk is protected.




Legislative Review Note
Office of Legislative Research and General Counsel