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:
26 Other Special Clauses:
28 Utah Code Sections Affected:
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
48 4-12-102, (Renumbered from 4-12-2, as last amended by Laws of Utah 2007, Chapter
50 4-12-103, (Renumbered from 4-12-3, as last amended by Laws of Utah 2008, Chapter
52 4-12-104, (Renumbered from 4-12-4, as last amended by Laws of Utah 2017, Chapter
54 4-12-105, (Renumbered from 4-12-5, as last amended by Laws of Utah 2007, Chapter
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)
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:
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:
69 As used in this chapter:
70 (1) "Adulterated commercial feed" means any commercial feed that:
71 (a) (i) [
72 injurious to health;
73 (ii) [
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) [
77 meaning of 21 U.S.C. Sec. 348 or 379e;
78 (iv) [
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 [
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) [
88 the department; [
89 (vi) [
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 [
93 conditions that exist in this state; [
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) [
98 or its composition or quality falls below or differs from that represented on its label or in
100 (2) "Brand name" means [
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.
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
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.
131 commercial feeds or feed ingredients, each batch of which is manufactured according to the
132 specific instructions of the final purchaser.
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.
137 (a) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in
138 animals other than [
139 (b) to affect the structure or any function of the animal body, unless the article is feed.
142 commercial feed.
144 commercial feed for distribution.
146 mineral elements or inorganic nutrients.
148 bulk, that bears a label that:
149 (i) is false or misleading in any particular[
150 (ii) does not strictly conform to the labeling requirements of Section [
151 (b) "Misbranded" includes commercial feed that is distributed under the name of
152 another commercial feed.
154 department in accordance with this chapter and designated as "official."
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
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.
170 Section 3. Section 4-12-103, which is renumbered from Section 4-12-3 is renumbered
171 and amended to read:
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 [
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:
191 Registration or license required -- Application -- Fees -- Expiration -- Renewal.
192 (1) (a) [
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 [
199 (ii) paying an annual registration fee, determined by the department pursuant to
200 Subsection 4-2-103(2)[
201 (c) Upon receipt of [
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
218 distribution. [
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 [
224 (ii) paying an annual license fee, determined by the department pursuant to Subsection
226 (c) Upon receipt [
228 payment, the commissioner shall issue a [
229 to distribute customer-formula feed in this state through December 31 of the year in which the
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.
236 of one year upon the payment of an annual [
237 the current applicable original [
238 (b) Each [
240 Section 5. Section 4-12-105, which is renumbered from Section 4-12-5 is renumbered
241 and amended to read:
243 customer-formula feed specified.
244 (1) [
247 (a) the name and principal mailing address of the manufacturer, distributor, or
249 (b) the product [
250 is distributed;
251 (c) 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
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;
261 (g) adequate direction for the feed's safe and effective use; and
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.
268 commercial feed[
269 accompanied [
271 (b) The statement shall be delivered to the purchaser at the time the bulk feed is
274 state shall [
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;
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
290 for the safe and effective use of the customer-formula feed as prescribed by rule of the
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:
304 Methods for sampling and analysis prescribed -- Results to be forwarded to registrant or
305 licensee -- Warrants.
306 (1) [
307 (a) shall periodically sample, inspect, analyze, and test commercial feeds distributed
308 within this state [
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) [
324 ingredients, mineral ingredients, or other ingredients, or for analyses of [
326 with methods published by the Association of Official Analytical Chemists or other generally
327 recognized methods.
328 (3) The [
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 [
333 distributer, licensee, or registrant using the address specified on the container, label, or on the
334 written statement or invoice[
335 (b) furnish to the manufacturer, distributer, licensee, or registrant [
336 any official sample [
337 upon written request to the department [
338 registrant within 30 days after receipt of the unsatisfactory test results.
339 (5) [
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:
347 or issue license authorized -- Grounds -- Stop sale, use, or removal order authorized --
348 Court action -- Procedure -- Costs.
349 (1) [
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 [
353 name of commercial feed or customer-formula feed[
354 (b) refuse to register [
355 commercial feed[
358 (2) (a) The department may issue a "stop sale, use, or removal order" to the distributor
359 or owner of any [
360 has reason to believe is misbranded, adulterated, or [
361 (b) The order described in Subsection (2)(a) shall be in writing and no commercial feed
362 subject to [
363 written release by the department.
364 (c) Before [
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 [
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 [
375 commercial feed shall be disposed of as the court directs[
377 licensee, or registrant [
378 (a) relabel, reprocess, or otherwise bring the commercial feed into conformance[
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:
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 [
391 (4) remove or dispose of any commercial feed in violation of a "stop sale, use, or
392 removal order[
393 (5) distribute any commercial feed [
394 customer-formula feed [
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.
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
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.
440 plants that are:
441 (a) grown for their blooms, ornamental foliage, or other ornamental [
442 (b) commonly known and sold under the name of flower [
443 this state.
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.
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) [
458 generations from the crosses referred to in Subsection [
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.
464 singly or collectively [
467 accompanying and pertaining to any seeds, plants, bulbs, or ground stock whether in bulk or in
469 (b) "Label" includes [
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.
476 every [
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.
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
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.
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.
510 salad or culinary purposes.
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.
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.
529 commonly known and sold [
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;
537 (iii) was originally a part of the variety as released.
538 (b) "Variant" does not include an off-type.
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
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.
551 (a) grown in gardens or on truck farms [
552 (b) generally known and sold under the name of vegetable [
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.
570 for sowing into this state shall be labeled with the following information:
571 (a) [
572 in excess of 5% [
573 component in the order of its predominance in columnar form, provided that:
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) [
588 offers, or exposes [
589 (c) [
590 (d) [
591 (e) [
592 the label pursuant to Subsection (2)(a);
593 (f) [
594 (g) [
596 (h) [
597 unknown, that fact shall be stated; [
598 (i) [
600 (i) [
601 (ii) [
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.
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) [
614 lawn and turf seed component in excess of 5% [
615 weight of [
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) [
623 offers, or exposes [
624 (c) [
625 (d) [
626 (e) [
628 (f) [
629 (g) [
631 (h) [
633 (i) [
634 (ii) [
636 (i) the word "mix," "mixture," or "blend," if more than one component is required to be
637 named; and
638 (j) [
641 plantings or vegetable seed preplanted in containers, mats, tapes, or other planting devices shall
642 be labeled with the following information:
643 (a) [
644 be labeled as a hybrid;
645 (b) [
646 offers, or exposes [
647 (c) (i) [
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) [
656 standard last established for the seed by the department, [
657 (i) percentage of germination, exclusive of hard or dormant seed;
658 (ii) percentage of hard or dormant seed, if present; and
664 (e) statement to indicate the minimum number of seeds in the container[
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.
672 (6) Vegetable seed not described in Subsection (5) shall be labeled with the following
674 (a) [
675 of 5% [
677 (b) [
678 offers, or exposes [
679 (c) [
680 (d) [
681 specifying the:
682 (i) [
683 (ii) [
684 (e) [
685 noxious-weed seed for which tolerance is permitted[
686 (f) the word "mix," "mixture," or "blend," if more than one component is required to be
689 seed prepared for use in home flower gardens or household plantings or flower [
690 preplanted containers, mats, tapes, or other planting devices [
692 (a) [
693 type and performance characteristics of the seed[
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) [
699 offers, or exposes [
700 (c) (i) [
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) [
709 standard last established by the department, [
710 (i) percentage of germination, exclusive of hard or dormant seed;
711 (ii) percentage of hard or dormant seed, if present; and
712 (iii) [
715 (e) statement to indicate the minimum number of seeds in the container[
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.
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) [
724 type and performance characteristics of the seed[
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;
731 sells, offers, or exposes [
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.
746 for sale or transported for sowing into this state shall [
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:
757 subspecies, if appropriate;
759 sells, offers, or exposes [
763 area of collection given by latitude and longitude, [
764 subdivision such as state or county; and
766 specify identity of the area of collection and the origin of the stand or state "origin not
769 the seed was collected;
776 determine [
781 sale or transported for sowing into this state shall be labeled with the following information:
782 (a) [
783 offers, or exposes [
784 (b) [
785 (c) lot number[
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[
789 dormant seed;
790 (f) percentage of hard or dormant seed, if present;
792 determine percentages described in Subsections (10)(d) through (10)(f) or the year for which
793 the seed was packaged[
795 (h) the word "mix," "mixture," or blend," if more than one component is required to be
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
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
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 --
837 (1) [
838 seed for sprouting or any agricultural, vegetable, flower, or tree and shrub seed [
840 (a) (i) for agricultural [
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 [
845 (A) a test to determine the percentage of germination has been performed within [
846 12 months, exclusive of the month the seed is tested and the date the seed is offered for sale;
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[
854 month the seed is retested and the date the [
855 (B) the date of the test appears on the label;
856 (b) [
857 Section 4-16-201; and
858 (c) [
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 [
862 lawn and turf, or tree and shrub seed [
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 [
866 (b) state the commonly accepted name, generic chemical name, or abbreviated
867 chemical name of the substance used for treatment;
868 (c) [
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;
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, [
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 [
881 (c) detach, alter, or destroy any label or substitute any seed in a manner [
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:
887 species; or
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) [
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) [
904 (B) [
905 (C) [
906 (D) [
907 (E) [
908 (F) [
909 (G) nonprofit organization; or
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.
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 [
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
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[
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
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
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
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) [
973 (b) three cattle ranchers, one from each of the state's brand districts, recommended by
974 the county cattlemen's associations;
977 Association and the Utah Dairymen's Association [
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
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
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
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 --
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 [
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) [
1022 (b) [
1023 (c) [
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) [
1031 transport any sheep, cattle, horses, domesticated elk, or mules without having an official state
1032 brand certificate or other proof of ownership in [
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.
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 [
1060 record on the central brand and mark registry;
1061 (c) obliterate, change, or remove a recorded brand or mark; [
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
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 [
1070 animal or carcass from which the hide was removed; and
1071 (b) the complaint or information [
1072 information alleges that ownership is unknown and that the hide is not the property of the
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;
1079 (i) [
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) [
1083 immediately preceding 60-day period; and
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 [
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[
1098 tag, as provided in Subsection [
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 [
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
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 [
1134 (2) [
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) [
1140 domesticated elk that [
1141 (2) The escape of a domesticated elk shall be reported immediately to the [
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 [
1149 domesticated elk.
1150 (5) [
1151 complies with the provisions of Title 23, Wildlife Resources Code of Utah, and the rules of the
1152 Wildlife Board shall be considered [
1153 state, nor a state agency shall be liable to the owner for the killing.
1154 (6) The owner shall be responsible [
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