This document includes House Committee Amendments incorporated into the bill on Wed, Feb 19, 2020 at 2:08 PM by pflowers.
Representative Logan Wilde proposes the following substitute bill:


1     
AGRICULTURE REVISIONS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Logan Wilde

5     
Senate Sponsor: Scott D. Sandall

6     

7     LONG TITLE
8     General Description:
9          This bill addresses regulation of agriculture related activities.
10     Highlighted Provisions:
11          This bill:
12          ▸     addresses violation of rules;
13          ▸     modifies definition provisions;
14          ▸     provides for preventive control for human food regulations;
15          ▸     provides the standards for the growing, harvesting, packaging, and holding of
16     produce for human consumption;
17          ▸     addresses regulation of fertilizer or soil amendments;
18          ▸     modifies requirements for aerial hunting activity;
19          ▸     provides for the commissioner of agriculture and food to appoint members of the
20     conservation board of supervisors and make changes related to conservation
21     districts;
22          ▸     repeals provisions related to the cat and dog community spay and neuter program;
23     and
24          ▸     makes technical and conforming changes.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          4-2-303, as renumbered and amended by Laws of Utah 2017, Chapter 345
32          4-2-602, as enacted by Laws of Utah 2018, Chapter 51
33          4-5-102, as last amended by Laws of Utah 2019, Chapter 32
34          4-5-103, as last amended by Laws of Utah 2019, Chapter 32
35          4-5-104, as renumbered and amended by Laws of Utah 2017, Chapter 345
36          4-13-102, as renumbered and amended by Laws of Utah 2017, Chapter 345
37          4-13-103, as renumbered and amended by Laws of Utah 2017, Chapter 345
38          4-13-104, as renumbered and amended by Laws of Utah 2017, Chapter 345
39          4-13-105, as renumbered and amended by Laws of Utah 2017, Chapter 345
40          4-13-106, as renumbered and amended by Laws of Utah 2017, Chapter 345
41          4-13-108, as renumbered and amended by Laws of Utah 2017, Chapter 345
42          4-13-109, as renumbered and amended by Laws of Utah 2017, Chapter 345
43          4-23-106, as last amended by Laws of Utah 2019, Chapter 268
44          17D-3-102, as last amended by Laws of Utah 2017, Chapter 345
45          17D-3-103, as last amended by Laws of Utah 2018, Chapters 115 and 256
46          17D-3-203, as last amended by Laws of Utah 2009, Chapter 350
47          17D-3-301, as last amended by Laws of Utah 2017, Chapter 70
48          17D-3-302, as enacted by Laws of Utah 2008, Chapter 360
49          17D-3-303, as enacted by Laws of Utah 2008, Chapter 360
50          17D-3-304, as enacted by Laws of Utah 2008, Chapter 360
51          17D-3-305, as last amended by Laws of Utah 2019, Chapter 255
52          17D-3-310, as enacted by Laws of Utah 2008, Chapter 360
53          17D-3-311, as enacted by Laws of Utah 2012, Chapter 103
54          26-15-1, as last amended by Laws of Utah 2017, Chapter 345
55          59-10-1304, as last amended by Laws of Utah 2019, Chapter 89
56     ENACTS:
57          4-13-110, Utah Code Annotated 1953
58     REPEALS:
59          4-13-107, as renumbered and amended by Laws of Utah 2017, Chapter 345
60          4-40-101, as renumbered and amended by Laws of Utah 2011, Chapter 124
61          4-40-102, as last amended by Laws of Utah 2017, Chapter 345
62          17D-3-306, as enacted by Laws of Utah 2008, Chapter 360
63          17D-3-307, as enacted by Laws of Utah 2008, Chapter 360
64          17D-3-308, as enacted by Laws of Utah 2008, Chapter 360
65          17D-3-309, as last amended by Laws of Utah 2011, Chapter 292
66          59-10-1310, as last amended by Laws of Utah 2012, Chapter 369
67     

68     Be it enacted by the Legislature of the state of Utah:
69          Section 1. Section 4-2-303 is amended to read:
70          4-2-303. Violations unlawful.
71          It is unlawful for [any] a person, or the officer or employee of [any] a person, to
72     willfully violate, disobey, or disregard this title, a rule made under this title, or any notice or
73     order issued under this title.
74          Section 2. Section 4-2-602 is amended to read:
75          4-2-602. Local Food Advisory Council created.
76          (1) There is created the Local Food Advisory Council consisting of up to the following
77     13 members:
78          (a) one member of the Senate appointed by the president of the Senate;
79          (b) two members of the House of Representatives appointed by the speaker of the
80     House of Representatives, each from a different political party;
81          (c) the commissioner of the Department of Agriculture and Food, or the
82     commissioner's designee;
83          (d) the executive director of the Department of Health, or the executive director's
84     designee;
85          (e) two crop direct-to-consumer food producers, appointed by the governor;
86          (f) two animal direct-to-consumer food producers, appointed by the governor; and
87          (g) the following potential members, appointed by the governor as needed:
88          (i) a direct-to-consumer food producer;
89          (ii) a member of a local agriculture organization;
90          (iii) a food retailer;
91          (iv) a licensed dietician;
92          (v) a county health department representative;
93          (vi) an urban farming representative;
94          (vii) a representative of a business engaged in the processing, packaging, or
95     distribution of food;
96          (viii) an anti-hunger advocate; and
97          (ix) an academic with expertise in agriculture.
98          (2) (a) The president of the Senate shall designate a member of the Senate appointed
99     under Subsection (1)(a) as a cochair of the commission.
100          (b) The speaker of the House of Representatives shall designate a member of the House
101     of Representatives appointed under Subsection (1)(b) as a cochair of the commission.
102          (c) The cochairs may, with the consent of a majority of the council, appoint additional
103     nonvoting members to the council who shall serve in a voluntary capacity.
104          (3) In appointing members to the council under Subsections (1)(e) through (g), the
105     governor shall strive to take into account the geographical makeup of the council.
106          (4) A vacancy on the council [resulting from the council] shall be filled in the same
107     manner in which the original appointment [was] is made.
108          (5) Compensation for a member of the council who is a legislator shall be paid in
109     accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator
110     Compensation.
111          (6) Council members who are employees of the state shall receive no additional
112     compensation.
113          (7) The Department of Agriculture and Food shall provide staff support for the council.
114          Section 3. Section 4-5-102 is amended to read:
115          4-5-102. Definitions.
116          As used in this chapter:
117          (1) "Advertisement" means a representation, other than by labeling, made to induce the
118     purchase of food.
119          (2) (a) "Color additive":
120          (i) means a dye, pigment, or other substance not exempted under the federal act that,
121     when added or applied to a food, is capable of imparting color; and
122          (ii) includes black, white, and intermediate grays.
123          (b) "Color additive" does not include a pesticide chemical, soil or plant nutrient, or
124     other agricultural chemical that imparts color solely because of the chemical's effect, before or
125     after harvest, in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or
126     other natural physiological process of any plant life.
127          (3) (a) "Consumer commodity" means a food, as defined by this [act] chapter, or by the
128     federal act.
129          (b) "Consumer commodity" does not include:
130          (i) a commodity subject to packaging or labeling requirements imposed under the
131     Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Sec. 136 et seq.;
132          (ii) a commodity subject to Title 4, Chapter 16, Utah Seed Act;
133          (iii) a meat or meat product subject to the Federal Meat Inspection Act, 21 U.S.C. Sec.
134     601 et seq.;
135          (iv) a poultry or poultry product subject to the Poultry Inspection Act, 21 U.S.C. Sec.
136     451 et seq.;
137          (v) a tobacco or tobacco product; or
138          (vi) a beverage subject to or complying with packaging or labeling requirements
139     imposed under the Federal Alcohol Administration Act, 27 U.S.C. Sec. 201 et seq.
140          (4) "Contaminated" means not securely protected from dust, dirt, or foreign or
141     injurious agents.
142          (5) (a) "Farm" means an agricultural operation, under management by one entity, that
143     grows or harvests crops.
144          (b) "Farm" does not include an entity that is exempt under 21 C.F.R. 112.4(a)[,] or 21
145     C.F.R. 112.5[, or 21 C.F.R. 117.3].
146          (6) "Farmers market" means a market where a producer of a food product sells only a
147     fresh, raw, whole, unprocessed, and unprepared food item directly to the final consumer.
148          (7) "Federal act" means the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301
149     et seq.
150          (8) "Food" means:
151          (a) an article used for food or drink for human or animal consumption or the
152     components of the article;
153          (b) chewing gum or chewing gum components; or
154          (c) a food supplement for special dietary use [which] that is necessitated because of a
155     physical, physiological, pathological, or other condition.
156          (9) (a) "Food additive" means a substance, the intended use of which results in the
157     substance becoming a component, or otherwise affecting the characteristics, of a food.
158          (b) (i) "Food additive" includes a substance or source of radiation intended for use in
159     producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or
160     holding food.
161          (ii) "Food additive" does not include:
162          (A) a pesticide chemical in or on a raw agricultural commodity;
163          (B) a pesticide chemical that is intended for use or is used in the production, storage, or
164     transportation of a raw agricultural commodity; or
165          (C) a substance used in accordance with a sanction or approval granted pursuant to the
166     Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq. or the Federal Meat Inspection Act,
167     21 U.S.C. Sec. 601 et seq.
168          (10) (a) "Food establishment" means a grocery store, bakery, candy factory, food
169     processor, bottling plant, sugar factory, cannery, farm, rabbit processor, meat processor, flour
170     mill, cold or dry warehouse storage, or other facility where food products are manufactured,
171     canned, processed, packaged, stored, transported, prepared, sold, or offered for sale.
172          (b) "Food establishment" does not include:
173          (i) a dairy farm, a dairy plant, or a meat establishment, that is subject to the Poultry
174     Products Inspection Act, 21 U.S.C. Sec. 451 et seq., or the Federal Meat Inspection Act, 21
175     U.S.C. Sec. 601 et seq.; or
176          (ii) a farmers market.
177          (11) "Label" means a written, printed, or graphic display on the immediate container of
178     an article of food.
179          (12) "Labeling" means a label and other written, printed, or graphic display:
180          (a) on an article of food or the article of food's container or wrapper; or
181          (b) accompanying the article of food.
182          (13) "Official compendium" means the official documents or supplements to the:
183          (a) United States Pharmacopoeia;
184          (b) National Formulary; or
185          (c) Homeopathic Pharmacopoeia of the United States.
186          (14) (a) "Package" means a container or wrapping in which a consumer commodity is
187     enclosed for use in the delivery or display of the consumer commodity to retail purchasers.
188          (b) "Package" does not include:
189          (i) a package liner;
190          (ii) a shipping container or wrapping used solely for the transportation of a consumer
191     commodity in bulk or in quantity to a manufacturer, packer, processor, or wholesale or retail
192     distributor; or
193          (iii) a shipping container or outer wrapping used by a retailer to ship or deliver a
194     consumer commodity to a retail customer, if the container and wrapping bear no printed
195     information relating to the consumer commodity.
196          (15) (a) "Pesticide" means a substance intended:
197          (i) to prevent, destroy, repel, or mitigate a pest, as defined under [Subsection] Section
198     4-14-102[(20)]; or
199          (ii) for use as a plant regulator, defoliant, or desiccant.
200          (b) "Pesticide" does not include:
201          (i) a new animal drug, as defined by 21 U.S.C. Sec. 321, that has been determined by
202     the United States Secretary of Health and Human Services not to be a new animal drug by
203     federal regulation establishing conditions of use of the drug; or
204          (ii) animal feed, as defined by 21 U.S.C. Sec. 321, bearing or containing a new animal
205     drug.
206          (16) "Principal display panel" means that part of a label that is most likely to be
207     displayed, presented, shown, or examined under normal and customary conditions of display
208     for retail sale.
209          (17) "Produce" means a food that is a:
210          (a) fruit, vegetable, mix of intact fruits and vegetables, mushroom, sprout from any
211     seed source, peanut, tree nut, or herb; and
212          (b) raw agricultural commodity.
213          (18) "Raw agricultural commodity" means a food in the food's raw or natural state,
214     including all fruits that are washed, colored, or otherwise treated in the fruit's unpeeled, natural
215     form [prior to] before marketing.
216          (19) "Registration" means the commissioner's issuance of a certificate to a qualified
217     food establishment.
218          (20) "Sprout" means the shoot of a plant generally harvested when cotyledons are
219     undeveloped or underdeveloped and mature leaves have not emerged.
220          Section 4. Section 4-5-103 is amended to read:
221          4-5-103. Adulterated food specified.
222          (1) A food is adulterated:
223          (a) if the food bears or contains a poisonous or deleterious substance in a quantity that
224     may ordinarily render the food injurious to health;
225          (b) if the food bears or contains an added poisonous or added deleterious substance that
226     is unsafe within the meaning of Subsection 4-5-204(1);
227          (c) except as provided in Subsection (3), if the food:
228          (i) is a raw agricultural commodity; and
229          (ii) bears or contains a pesticide chemical that is unsafe within the meaning of 21
230     U.S.C. Sec. 346a;
231          (d) if the food is, bears, or contains a food additive that is unsafe within the meaning of
232     21 U.S.C. Sec. 348;
233          (e) if the food consists in whole or in part of a diseased, contaminated, filthy, putrid, or
234     decomposed substance;
235          (f) if the food is otherwise unfit for food;
236          (g) if the food has been produced, prepared, packed, or held under unsanitary
237     conditions whereby the food may have:
238          (i) become contaminated with filth; or
239          (ii) been rendered diseased, unwholesome, or injurious to health;
240          (h) if the food is, in whole or in part, the product of:
241          (i) a diseased animal;
242          (ii) an animal that has died other than by slaughter; or
243          (iii) an animal that has fed upon the uncooked offal from a slaughterhouse;
244          (i) if the food's container is composed, in whole or in part, of a poisonous or
245     deleterious substance that may render the contents injurious to health;
246          (j) if the food [has been] is intentionally subjected to radiation, unless the use of the
247     radiation was in conformity with a rule or exemption in effect pursuant to Section 4-5-204, or
248     21 U.S.C. Sec. 348;
249          (k) if the food:
250          (i) is a meat or meat product; and
251          (ii) (A) is in a casing, package, or wrapper:
252          (I) through which a part of the casing, package, or wrapper's contents can be seen; and
253          (II) that is colored or has markings that are colored, so as to be misleading or deceptive
254     with respect to the color, quality, or kind of food to which the color is applied; or
255          (B) contains or bears a color additive;
256          (l) if the food is produce and is in violation of [a provision of] 21 C.F.R. Part 112;
257          (m) if a valuable constituent [has been] is, in whole or in part, omitted or abstracted
258     from a product and a substance [has been] is substituted wholly or in part;
259          (n) if damage or inferiority [has been] is concealed;
260          (o) if a substance [has been] is added, mixed, or packed with a product so as to:
261          (i) increase the product's bulk or weight;
262          (ii) reduce the product's quality or strength; or
263          (iii) make the product appear better or of greater value; or
264          (p) if the food:
265          (i) is confectionery; and
266          (ii) (A) has partially or completely imbedded in the food a nonnutritive object, unless
267     the department determines that the nonnutritive object:
268          (I) is of practical functional value to the confectionery product; and
269          (II) would not render the product injurious or hazardous to health;
270          (B) bears or contains alcohol, other than alcohol derived solely from the use of
271     flavoring extracts, that does not exceed .05% by volume; or
272          (C) bears or contains a nonnutritive substance, unless:
273          (I) the nonnutritive substance is a safe nonnutritive substance that is in or on the
274     confectionery for a practical functional purpose in the manufacture, packaging, or storing of the
275     confectionery; and
276          (II) the use of the nonnutritive substance does not promote deception of the consumer
277     or otherwise result in adulteration or misbranding in violation of this chapter.
278          (2) The department may, for the purpose of avoiding or resolving uncertainty as to the
279     application of Subsection (1)(p)(ii)(C), issue rules allowing or prohibiting the use of a
280     particular nonnutritive substance.
281          (3) Notwithstanding [the provisions of] Section 4-5-204, the residue of a pesticide
282     chemical remaining in or on a processed food is not considered unsafe if:
283          (a) the pesticide chemical is used in or on a raw agricultural commodity in conformity
284     with an exemption granted or tolerance prescribed under 21 U.S.C. Sec. 346a;
285          (b) the residue of the pesticide chemical in or on the raw agricultural commodity is
286     removed to the extent possible in good manufacturing practice;
287          (c) the raw agricultural commodity is subjected to processing such as canning, cooking,
288     freezing, dehydrating, or milling; and
289          (d) the concentration of the residue in the processed food when ready to eat is no
290     greater than the tolerance prescribed for the raw agricultural commodity.
291          Section 5. Section 4-5-104 is amended to read:
292          4-5-104. Authority to make and enforce rules.
293          (1) The department may adopt rules to efficiently enforce this chapter, and if
294     practicable, adopt rules that conform to the regulations adopted under the Federal Food, Drug,
295     and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
296          (2) [Hearings] The department or an officer, agent, or employee designated by the
297     department shall conduct a hearing authorized or required by this chapter [shall be conducted
298     by the department or by an officer, agent, or employee designated by the department].
299          (3) (a) Except as provided by Subsection (3)(b), [all] pesticide chemical regulations
300     [and their amendments now or hereafter] adopted under authority of the Federal Food, Drug,
301     and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the pesticide chemical regulations in this
302     state.
303          (b) The department may adopt a rule that prescribes tolerance for pesticides in finished
304     foods in this state whether or not in accordance with regulations [promulgated] made under the
305     federal act.
306          (4) (a) Except as provided by Subsection (4)(b), [all] food additive regulations [and
307     their amendments now or hereafter] adopted under authority of the Federal Food, Drug, and
308     Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the food additive regulations in this state.
309          (b) The department may adopt a rule that prescribes conditions under which a food
310     additive may be used in this state whether or not in accordance with regulations [promulgated]
311     made under the federal act.
312          (5) [All color] Color additive regulations adopted under authority of the Federal Food,
313     Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the color additive rules in this state.
314          (6) (a) Except as provided by Subsection (6)(b), [all] special dietary use regulations
315     adopted under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et
316     seq., are the special dietary use rules in this state.
317          (b) The department may, if [it] the department finds it necessary to inform purchasers
318     of the value of a food for special dietary use, prescribe special dietary use rules whether or not
319     in accordance with regulations [promulgated] made under the federal act.
320          (7) (a) Except as provided by Subsection (7)(b), [all] regulations adopted under the Fair
321     Packaging and Labeling Act, 15 U.S.C. Sec. 1453 et seq., shall be the rules in this state.
322          (b) Except as provided by Subsection (7)(c), the department may, if [it] the department
323     finds it necessary in the interest of consumers, prescribe package and labeling rules for
324     consumer commodities, whether or not in accordance with regulations [promulgated] made
325     under the federal act.
326          (c) The department may not adopt rules that are contrary to the labeling requirements
327     for the net quantity of contents required according to 15 U.S.C. Sec. 1453(a)(4).
328          (8) (a) Except as provided by Subsection (8)(b), the preventive control for human food
329     regulations adopted under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.
330     Sec. 301 et seq., are the preventive controls for the state.
331          (b) The department may adopt a rule that prescribes preventive controls in this state
332     whether or not in accordance with regulations made under the federal act except that the rule
333     may not be more stringent than the federal law.
334          (9) (a) Except as provided by Subsection (9)(b), the standards for the growing,
335     harvesting, packaging, and holding of produce for human consumption regulations adopted
336     under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are
337     the standards for the state.
338          (b) The department may adopt a rule that prescribes standards for the growing,
339     harvesting, packaging, and holding of produce for human consumption in this state whether or
340     not in accordance with regulations made under the federal act except that the rule may not be
341     more stringent than the federal law.
342          [(8)] (10) (a) A federal regulation automatically adopted according to this chapter takes
343     effect in this state on the date [it] the federal regulation becomes effective as a federal
344     regulation.
345          (b) The department shall publish all other proposed rules in publications prescribed by
346     the department.
347          (c) (i) A person who may be adversely affected by a rule may, within 30 days after a
348     federal regulation is automatically adopted, or within 30 days after publication of any other
349     rule, file with the department, in writing, objections and a request for a hearing.
350          (ii) The timely filing of substantial objections to a federal regulation automatically
351     adopted stays the effect of the rule.
352          (d) (i) If no substantial objections are received and no hearing is requested within 30
353     days after publication of a proposed rule, it shall take effect on a date set by the department.
354          (ii) The effective date shall be at least 60 days after the time for filing objections has
355     expired.
356          (e) (i) If timely substantial objections are made to a federal regulation within 30 days
357     after [it] the federal regulation is automatically adopted or to a proposed rule within 30 days
358     after [it] the proposed rule is published, the department, after notice, shall conduct a public
359     hearing to receive evidence on the issues raised by the objections.
360          (ii) [Any] An interested person or the person's representative may be heard.
361          (f) (i) The department shall act upon objections by order and shall mail the order to
362     objectors by certified mail as soon after the hearing as practicable.
363          (ii) The order shall be based on substantial evidence in the record of the hearing.
364          (g) (i) If the order concerns a proposed rule, [it] the department may withdraw [it] the
365     proposed rule or set an effective date for the rule as published or as modified by the order.
366          (ii) The effective date shall be at least 60 days after publication of the order.
367          [(9)] (11) Whenever a regulation is [promulgated] made under authority of the Federal
368     Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., establishing standards for food, the
369     tolerances established by the department under this chapter shall immediately conform to the
370     standards established by the Federal Food and Drug Administration as herein provided and
371     shall remain the same until the department determines that for reasons peculiar to Utah a
372     different rule should apply.
373          Section 6. Section 4-13-102 is amended to read:
374          4-13-102. Definitions.
375          As used in this chapter:
376          (1) "Adulterated fertilizer" means [any commercial] a fertilizer or soil amendment that:
377          (a) contains [an ingredient that renders] a deleterious or harmful substance in sufficient
378     amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil, or
379     water when applied in accordance with the directions for use on the label[, or];
380          (b) has a composition that falls below or differs from that which the composition is
381     purported to possess by the composition's labeling;
382          (c) contains unwanted crop or weed seed[, or is inadequately labeled to protect plant
383     life.]; or
384          (d) exceeds levels of metals permitted by the United States Environmental Protection
385     Agency.
386          (2) "Beneficial substances or compounds" means a substance or compound other than
387     primary, secondary, and micro plant nutrients that can be demonstrated by scientific research to
388     be beneficial to one or more species of plants when applied exogenously.
389          (3) "Biostimulant" means a product containing naturally-occurring substances and
390     microbes that are used to stimulate plant growth, enhance resistance to plant pests, and reduce
391     abiotic stress.
392          (4) "Blender" means a person engaged in the business of blending or mixing fertilizer,
393     soil amendments, or both.
394          [(2)] (5) "Brand" means [any] a term, design, or trade mark used in connection with
395     one or several grades of [commercial] fertilizer or soil amendment.
396          [(3) "Commercial fertilizer" means any substance that contains one or more recognized
397     plant nutrients that is used for its plant nutrient content and is designed for use or claimed to
398     have value in promoting plant growth, exclusive of unmanipulated animal and vegetable
399     manures, marl, lime, limestone, wood ashes, gypsum, and other products exempted by rule of
400     the department.]
401          (6) "Bulk fertilizer" means fertilizer delivered to the purchaser either in solid or liquid
402     state in a non-packaged form to which a label cannot be attached.
403          (7) "Custom blend" means a fertilizer blended according to specification provided to a
404     blender in a soil test nutrient recommendation or to meet the specific consumer request before
405     blending.
406          (8) "Deficiency" means the amount of nutrient found by analysis to be less than that
407     guaranteed.
408          (9) "Derivation" means the source from which the guaranteed nutrients are derived.
409          (10) "Distribute" means to import, consign, manufacture, produce, compound, mix,
410     blend, or to offer for sale, sell, barter, or supply fertilizer or soil amendments in the state.
411          [(4)] (11) "Distributor" means [any] a person who[:] distributes.
412          [(a) imports, consigns, manufactures, produces, compounds, mixes, or blends
413     commercial fertilizer;]
414          [(b) imports, consigns, manufactures, produces, compounds, sizes, or blends a soil
415     amendment; or]
416          [(c) offers for sale, sells, barters, or otherwise supplies commercial fertilizer or a soil
417     amendment in this state.]
418          (12) "Fertilizer" means a substance that contains one or more recognized plant
419     nutrients that is used for the substance's plant nutrient content and is designed for use or
420     claimed to have value in promoting plant growth, exclusive of unmanipulated animal and
421     vegetable manures, marl, lime, limestone, wood ashes, gypsum, and other products exempted
422     by rule.
423          [(5)] (13) "Fertilizer material" means a [commercial] fertilizer that contains [either]:
424          (a) quantities of no more than one of the primary plant nutrients [(nitrogen, phosphoric
425     acid and potash)], nitrogen (N), phosphate (P2O5), Potash (K2O);
426          (b) [approximately] 85% plant nutrients in the form of a single chemical compound; or
427          (c) plant or animal residues or by-products, or a natural material deposit that is
428     processed so that its primary plant nutrients have not been materially changed, except through
429     purification and concentration.
430          [(6)] (14) "Grade" means the percentage of total nitrogen, available [phosphorus or
431     phosphoric acid, and soluble potassium or] phosphate and soluble potash stated in whole
432     numbers in the same terms, order, and percentages as in the guaranteed analysis[; provided,] if
433     that specialty fertilizers may be guaranteed in fractional units of less than one percent of total
434     nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash and
435     that fertilizer materials such as bone meal, manures, and similar raw materials may be
436     guaranteed in fractional units.
437          [(7)] (15) (a) "Guaranteed analysis" means the minimum percentage by weight of plant
438     nutrients claimed in the following order and form:
439      Total [nitrogen] Nitrogen (N)
____ percent
440      Available [phosphoric acid (P0)] Phosphate
(P2O5)
____ percent
441      Soluble [potash (K0)] Potash (K2O)
____ percent
442          (b) For unacidulated mineral phosphatic [materials] material and basic slag, bone,
443     tankage, and other organic [phosphate materials, it means the total phosphoric acid] phosphate
444     or degree of fineness may also be guaranteed.
445          [(c) Potential basicity or acidity expressed in terms of calcium carbonate equivalent in
446     multiples of one hundred pounds per ton, when required by rule.]
447          [(d)] (c) (i) Guarantees for plant nutrients other than nitrogen, phosphorus, and
448     potassium may be permitted or required by rule of the department.
449          (ii) The guarantees for such other nutrients shall be expressed in the form of the
450     element.
451          (iii) The sources of such other nutrients, such as oxides, salt, chelates, may be required
452     to be stated on the application for registration and may be included as a parenthetical statement
453     on the label.
454          (iv) Other beneficial substances or compounds, determinable by laboratory methods,
455     also may be guaranteed by permission of the department.
456          (v) Any plant nutrients or other substances or compounds guaranteed are subject to
457     inspection and analysis in accord with the methods and rules prescribed by the department.
458          [(8)] (16) "Investigational allowance" means an allowance for variations inherent in the
459     taking, preparation, and analysis of an official sample of [commercial] fertilizer or soil
460     amendment.
461          [(9)] (17) "Label" means the display of [all] the written, printed, or graphic matter upon
462     the immediate container or statement accompanying a [commercial] fertilizer or soil
463     amendment.
464          [(10)] (18) "Labeling" means [all] the written, printed, or graphic matter upon or
465     accompanying [any commercial] fertilizer or soil amendment, or advertisements, brochures,
466     posters, television and radio announcements used in promoting the sale of [such commercial]
467     fertilizers or soil amendments.
468          (19) "Lot" means a definite quantity identified by a combination of numbers, letters,
469     characters, or amount represented by a weight certificate from which every part is uniform
470     within recognized tolerances from which the distributor can be determined.
471          (20) "Micro plant nutrient" means boron, chlorine, colbalt, copper, iron, manganese,
472     molybdenum, nickel, sodium, and zinc.
473          [(11)] (21) "Mixed fertilizer" means a [commercial] fertilizer containing any
474     combination or mixture of fertilizer materials.
475          (22) "Nonplant food ingredient" means a substance or compound other than the
476     primary, secondary, or micro nutrients.
477          [(12)] (23) "Official sample" means [any] a sample of [commercial] fertilizer or soil
478     amendment taken by the department and designated as "official."
479          (24) "Other ingredients" means the non-soil amending ingredients present in soil
480     amendments.
481          [(13)] (25) "Percent" or "percentage" means the percentage by weight.
482          (26) "Plant amendment" means a substance applied to plants or seeds that is intended
483     to improve growth, yield, product quality, reproduction, flavor, or other favorable
484     characteristics of plants except fertilizer, soil amendments, agricultural liming materials,
485     animal and vegetable manure, pesticides, or plant regulators.
486          (27) "Primary nutrient" includes total nitrogen, available phosphate, and soluble
487     potash.
488          [(14)] (28) "Registrant" means [any] a person who registers a [commercial] fertilizer or
489     a soil amendment under [the provisions of] this chapter.
490          [(15) (a) "Soil amendment" means any substance that is intended to improve the
491     physical characteristics of soil.]
492          [(b) "Soil amendment" does not include any commercial fertilizer, agriculture liming
493     materials, unmanipulated animal manure, unmanipulated vegetable manure, pesticides, or other
494     material exempt by rule of the department.]
495          (29) "Secondary nutrient" includes calcium, magnesium, and sulfur.
496          (30) "Slow release fertilizer" means a fertilizer in a form that releases, or converts to a
497     plant-available form, plant nutrients at a slower rate relative to an appropriate reference soluble
498     product.
499          (31) "Soil amending ingredient" means a substance that will improve the physical,
500     chemical, biochemical, biological, or other characteristics of the soil.
501          (32) "Soil amendment" means a substance or a mixture of substances that is intended
502     to improve the physical, chemical, biochemical, biological, or other characteristics of the soil,
503     except fertilizers, agricultural liming materials, unmanipulated animal manures, unmanipulated
504     vegetable manures, or pesticides.
505          [(16)] (33) "Specialty fertilizer" means [any commercial] fertilizer distributed primarily
506     for non-farm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal
507     parks, cemeteries, greenhouses, and nurseries.
508          [(17)] (34) "Ton" means a net weight of 2,000 pounds avoirdupois.
509          Section 7. Section 4-13-103 is amended to read:
510          4-13-103. Distribution of fertilizer or soil amendment -- Registration required --
511     Application -- Fees -- Expiration -- Renewal -- Exemptions specified -- Blenders and
512     mixers.
513          (1) (a) [Each] A brand and grade of [commercial] fertilizer or soil amendment shall be
514     registered in the name of the person whose name appears upon the label before being
515     distributed in this state.
516          (b) The application for registration shall be submitted to the department on a form
517     prescribed and furnished by [it] the department, and shall be accompanied by a fee determined
518     by the department pursuant to Subsection 4-2-103(2) for each brand and grade.
519          (c) Upon approval by the department, a copy of the registration shall be furnished to
520     the applicant.
521          (d) (i) [Each] A registration expires at midnight on December 31 of the year in which
522     issued.
523          (ii) [Each] A registration is renewable for a period of one year upon the payment of an
524     annual registration renewal fee in an amount equal to the current applicable original
525     registration fee.
526          (iii) [Each] A renewal fee shall be paid on or before December 31 of each year.
527          [(2) The application for registration shall include the following information:]
528          [(a) the net weight;]
529          [(b) the brand and grade;]
530          [(c) the guaranteed analysis;]
531          [(d) the name and address of the registrant; and]
532          [(e) any other information as the department may prescribe by rule.]
533          [(3)] (2) A distributor is not required to register [any commercial fertilizer which]
534     fertilizer that has been registered by another person under this chapter if the label does not
535     differ in any respect.
536          [(4)] (3) (a) A [distributor] blender is not required to register each grade of
537     [commercial] fertilizer or soil amendment formulated according to specifications provided by a
538     consumer before mixing, but is required to:
539          (i) [register] license the name under which the business of blending or mixing is
540     conducted;
541          (ii) pay an annual blenders license fee determined by the department pursuant to
542     Subsection 4-2-103(2); and
543          (iii) label the [mixed] fertilizer or soil amendment as provided in Section 4-13-104.
544          (b) (i) A blenders license [shall expire] expires at midnight on December 31 of the year
545     in which [it] the license is issued.
546          (ii) A blenders license is renewable for a period of one year upon the payment of an
547     annual license renewal fee in an amount equal to the current applicable original blenders
548     license fee.
549          (iii) [Each] A renewal fee shall be paid on or before December 31 of each year.
550          [(5)] (4) (a) A tonnage fee shall be assessed on fertilizer and soil amendment products
551     sold in the state.
552          (b) The fee shall be[: (i)] determined by the department pursuant to Subsection
553     4-2-103(2)[; and].
554          [(ii) paid by the manufacturer or distributor on a schedule specified by rule.]
555          (c) When more than one person is involved in the distribution of a fertilizer or soil
556     amendment, the final person who has the fertilizer or soil amendment registered and distributed
557     to a non-registrant or consumer is responsible for reporting the tonnage and paying the tonnage
558     fee, unless the report and payment is made by a prior distributor of the fertilizer or soil
559     amendment.
560          (d) The tonnage report shall be submitted on a form provided by the department on or
561     before December 31 annually covering shipments made during the preceding 12-month period
562     from November 1 to October 31.
563          [(c)] (e) Revenue generated by the fee shall be deposited [in] into the General Fund as
564     dedicated credits to be used by the department for education and research about and promotion
565     of proper fertilizer and soil amendment distribution, handling, and use.
566          Section 8. Section 4-13-104 is amended to read:
567          4-13-104. Labeling requirements for fertilizer and soil amendments specified.
568          (1) A container of fertilizer distributed in this state shall bear a label in clearly legible
569     and conspicuous form setting forth the:
570          (a) brand name and grade;
571          (b) guaranteed analysis, except that:
572          (i) sources of nutrients, when shown on the label, shall be listed below the completed
573     guaranteed analysis in order of predominance;
574          (ii) guarantees of zeros may not be made and may not appear in statement except in
575     nutrient guarantee breakdowns; and
576          (iii) if chemical forms of nitrogen are claimed or required, the form shall be shown, but
577     no implied order of the forms of nitrogen is intended;
578          (c) derivation statement of guaranteed nutrients, nonplant food ingredients, and
579     beneficial substances or compounds if present;
580          (d) directions for use when applicable;
581          (e) caution or warning statement when applicable;
582          (f) name and address of the registrant or the manufacturer, if different from the
583     registrant;
584          (g) net weight or volume; and
585          (h) lot number.
586          [(1)] (2) [Each] A container of specialty [commercial] fertilizer distributed in this state
587     shall bear a label in clear, legible, and conspicuous form setting forth[:] the information
588     specified in Subsections (1)(a) through (h).
589          [(a) its net weight;]
590          [(b) brand and grade;]
591          [(c) guaranteed analysis;]
592          [(d) the name and address of the registrant; and]
593          [(e) the lot number.]
594          [(2) (a) Each bulk shipment of commercial fertilizer distributed in this state shall be
595     accompanied by a printed or written statement setting forth the information specified in
596     Subsections (1)(a) through (e).]
597          [(b) The statement shall be delivered to the purchaser at the time the bulk fertilizer is
598     delivered.]
599          [(3) Each sale of packaged mixed fertilizer shall be labeled, or labeling furnished the
600     consumer, to show its net weight, guaranteed analysis, lot number, and the name and address of
601     the distributor.]
602          [(4) (a) Each container of soil amendment shall conform to the requirements of
603     Subsection (1), and if distributed in bulk, with Subsection (2).]
604          [(b) The name or chemical designation and content of the soil amending ingredient or
605     any other information prescribed by rule of the department shall appear whether distributed in a
606     container or in bulk.]
607          (3) A shipment of custom blend fertilizer shall be accompanied by a printed or written
608     statement setting forth the:
609          (a) information specified in Subsections (1)(a) through (c);
610          (b) name and address of the licensed blender;
611          (c) net weight or volume; and
612          (d) lot number.
613          (4) A shipment of fertilizer material shall be accompanied by a printed or written
614     statement setting forth the:
615          (a) information specified in Subsections (1)(a) through (c);
616          (b) name and address of the registrant if different from the supplier or shipper;
617          (c) net weight or volume; and
618          (d) lot number.
619          (5) The grade is not required on a fertilizer label when no primary nutrients are claimed
620     or are less than one percent.
621          (6) Additional nutrient guarantees may not be an extension of the grade statement and
622     shall be a separate line or include terms such as "plus," "with," or "including."
623          (7) A soil amendment distributed in the state shall bear a label in clearly legible and
624     conspicuous form setting forth the:
625          (a) brand name;
626          (b) guaranteed analysis, which includes:
627          (i) nonplant food ingredients separated out by soil amending ingredients and other total
628     ingredients, in that order, by percentages; and
629          (ii) nonsoil amending ingredients separating out beneficial substances and beneficial
630     compounds, in that order, by percentage or acceptable units;
631          (c) purpose of product;
632          (d) direction for application;
633          (e) caution or warning statement when applicable;
634          (f) name and address of registrant; and
635          (g) net weight or volume.
636          (8) The department may require proof of claims made, usefulness, and value of the soil
637     amendments.
638          (9) For evidence of proof the department may rely on experimental data, evaluations,
639     or advice supplied from such sources as the director of the Agricultural Experiment Station.
640     The experimental design shall be related to state conditions for which the product is intended.
641          (10) Information or a statement may not appear on a package, label, delivery slip, or
642     advertising matter that is false or misleading to the purchaser as to the use, value, quality,
643     analysis, type, or composition of the soil amendment.
644          (11) A fertilizer is misbranded if:
645          (a) the fertilizer's labeling is false or misleading in any particular;
646          (b) the fertilizer is distributed under the name of another fertilizer product;
647          (c) the fertilizer is not labeled as required; or
648          (d) the fertilizer purports to be or is represented as fertilizer, or is represented as
649     containing a plant nutrient fertilizer that does not conform with the definition of identity or any
650     commonly accepted definitions of official fertilizer terms.
651          Section 9. Section 4-13-105 is amended to read:
652          4-13-105. Enforcement -- Inspection and samples authorized -- Methods for
653     sampling and analysis prescribed -- Warrants.
654          (1) The department shall periodically sample, inspect, analyze, and test [commercial]
655     fertilizers and soil amendments distributed within this state to determine if they comply with
656     this chapter.
657          [(2) Methods of analysis and sampling shall be in accordance with those adopted by the
658     department from sources such as the Association of Official Analytical Chemists Journal.]
659          (2) (a) The methods of sampling and analysis shall be those adopted by the AOAC
660     International.
661          (b) In a case not covered by the methods adopted under Subsection (2)(a), or in a case
662     when a method is available in which improved applicability has been demonstrated, the
663     department may adopt appropriate methods from other sources.
664          (3) In determining whether a [commercial] fertilizer or soil amendment is deficient, the
665     department shall be guided solely by the official sample.
666          (4) (a) The department [is authorized to] may enter any public or private premises or
667     carriers during regular business hours [in order] to have access to [commercial] fertilizers or
668     soil amendments and records relating to the distribution of fertilizers and soil amendments
669     subject to this chapter.
670          (b) If admittance is refused, the department may proceed immediately to obtain an ex
671     parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises
672     for the purpose of making inspections and obtaining samples.
673          (5) The department shall distribute the results of an official sample.
674          (6) The department shall retain an official sample for a minimum of 90 days from the
675     issuance of a report.
676          Section 10. Section 4-13-106 is amended to read:
677          4-13-106. Distribution of fertilizers not complying with labeling requirements
678     prohibited -- Penalty assessed -- Court action to vacate or amend finding authorized.
679          (1) [No] A person [shall] may not distribute in this state a [commercial] fertilizer,
680     fertilizer material, soil amendment, or specialty fertilizer if the official sample thereof
681     establishes that the [commercial] fertilizer, fertilizer material, soil amendment, or specialty
682     fertilizer is deficient in the nutrients or ingredients guaranteed on the label by an amount
683     exceeding the values established by rule [or if the overall index value of the official sample is
684     below the level established by rule].
685          [(2) If an official sample, after analysis, demonstrates the guaranteed analysis is
686     deficient in one or more of its primary plant foods (NPK) beyond the investigational allowance
687     prescribed by rule, or if the over-all index value of the official sample is below the level
688     established by rule, a penalty of three times the commercial value of the deficiency or
689     deficiencies of the lot represented by the official sample may be assessed against the
690     registrant.]
691          [(3) All penalties assessed under this section shall be paid to the department within
692     three months after notice from the department.]
693          (2) The department shall evaluate and take administrative action the department
694     prescribes for a deficiency beyond the investigational allowances established by the
695     department.
696          [(4)] (3) [Any] A registrant aggrieved by the finding of an official sample deficiency
697     may file a complaint with a court of competent jurisdiction to vacate or amend the finding of
698     the department.
699          Section 11. Section 4-13-108 is amended to read:
700          4-13-108. Denial, suspension, or revocation authorized -- Grounds -- Stop sale,
701     use, or removal order authorized -- Court action -- Procedure -- Costs.
702          (1) The department may deny, revoke, or suspend the license for a blender or the
703     registration of [any] a brand of [commercial] fertilizer or soil amendment[, or refuse to register
704     any brand of commercial fertilizer or soil amendment] upon satisfactory evidence that the
705     licensee or registrant has used fraudulent or deceptive practices in licensure, registration, or
706     distribution in this state.
707          (2) (a) The department may issue a "stop sale, use, or removal order" to the owner or
708     person in possession of any designated lot of [commercial] fertilizer or soil amendment [which
709     it] that the department finds or has reason to believe is being offered or exposed for sale in
710     violation of this chapter.
711          (b) The order shall be in writing and [no commercial] fertilizer or soil amendment
712     subject to [it shall] the order may not be moved or offered or exposed for sale, except upon the
713     subsequent written release of the department.
714          (c) Before a release is issued, the department may require the owner or person in
715     possession of the "stopped" lot to pay the expense incurred by the department in connection
716     with the withdrawal of the product from the market.
717          (3) (a) The department [is authorized] may seek in a court of competent jurisdiction [to
718     seek] an order of seizure or condemnation of [any fertilizer which] any fertilizer that violates
719     this chapter or, upon proper grounds, to obtain a temporary restraining order or permanent
720     injunction, to prevent violation of this chapter.
721          (b) [No] A bond [shall] may not be required of the department in any injunctive
722     proceeding under this section.
723          (4) If condemnation is ordered, the fertilizer or soil amendment shall be disposed of as
724     the court directs[; provided, that in no event shall it], except that the court may not order
725     condemnation without giving the claimant of the fertilizer or soil amendment an opportunity to
726     apply to the court for permission to relabel, reprocess, or otherwise bring the product into
727     conformance, or to remove [it] the fertilizer or soil amendment from the state.
728          (5) If the court orders condemnation of the [commercial] fertilizer or soil amendment,
729     court costs, fees, storage, and other expenses shall be awarded against the claimant of the
730     fertilizer or soil amendment.
731          Section 12. Section 4-13-109 is amended to read:
732          4-13-109. Sales or exchanges of fertilizers or soil amendments between
733     manufacturers, importers, or manipulators permitted.
734          [Nothing in this] This chapter [shall] may not be construed to restrict or avoid sales or
735     exchanges of [commercial] fertilizers or soil amendments to each other by importers,
736     manufacturers, or manipulators who mix fertilizer or soil amendment materials for sale or as
737     preventing the free and unrestricted shipment of [commercial] fertilizer or soil amendments to
738     manufacturers or manipulators who have registered their brands as required by this chapter.
739          Section 13. Section 4-13-110 is enacted to read:
740          4-13-110. Department may make and enforce rules -- Cooperation with state and
741     federal agencies authorized.
742          (1) (a) The department may make rules in accordance with Title 63G, Chapter 3, Utah
743     Administrative Rulemaking Act, and enforce the rules to administer and enforce this chapter.
744          (b) The department shall by rule adopt the official terms, tables, definitions, and
745     statements adopted by the Association of American Plant Food Control officials and published
746     in the official publications of that organization.
747          (2) The department may enter into agreements with other agencies of the state, other
748     states, and agencies of the federal government to administer and enforce this chapter.
749          (3) The department may use the following terms in rule made in accordance with Title
750     63G, Chapter 3, Utah Administrative Rulemaking Act, to the extent that the department is
751     authorized to make rules by a provision other than this Subsection (3):
752          (a) biostimulant;
753          (b) bulk fertilizer;
754          (c) plant amendment;
755          (d) secondary nutrient; and
756          (e) slow release fertilizer.
757          Section 14. Section 4-23-106 is amended to read:
758          4-23-106. Department to issue licenses and permits -- Department to issue
759     aircraft use permits -- Aerial hunting.
760          (1) The department is responsible for the issuance of permits and licenses for the
761     purposes of the federal Fish and Wildlife Act of 1956.
762          (2) A private person may not use [any] an aircraft for the prevention of damage without
763     first obtaining a use permit from the department.
764          (3) The department may issue an annual permit for aerial hunting to a private person
765     for the protection of land, water, wildlife, livestock, domesticated animals, human life, or
766     crops, if the person shows that the person or the person's designated pilot, along with the
767     aircraft to be used in the aerial hunting, are licensed and qualified in accordance with the
768     requirements of the department set by rule.
769          (4) The department may predicate the issuance or retention of a permit for aerial
770     hunting upon the permittee's full and prompt disclosure of information as the department may
771     request for submission pursuant to rules made by the department.
772          (5) The department shall collect an annual fee, set in accordance with Section
773     63J-1-504, from a person who has an aircraft for which a permit is issued or renewed under this
774     section.
775          (6) Aerial hunting activity under a permit issued by the department is restricted to:
776          (a) (i) private lands that are owned or managed by the permittee;
777          (ii) state grazing allotments where the permittee is permitted by the state or the State
778     Institutional Trust Lands Administration to graze livestock; or
779          (iii) federal grazing allotments where the permittee is permitted by the United States
780     Bureau of Land Management or United States Forest Service to graze livestock; and
781          (b) only during the time period[: (i) for purposes of Subsection (6)(a)(ii) or (iii), that
782     under an active permit the permittee may graze or run livestock on the land; and (ii)] for which
783     the private land owner has provided written permission for the aerial hunting.
784          (7) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
785     Administrative Rulemaking Act, that are necessary to carry out the purpose of this section.
786          (8) The issuance of an aerial hunting permit or license under this section does not
787     authorize the holder to use aircraft to hunt, pursue, shoot, wound, kill, trap, capture, or collect
788     protected wildlife, as defined in Section 23-13-2, unless also authorized by the Division of
789     Wildlife Resources under Section 23-20-12.
790          Section 15. Section 17D-3-102 is amended to read:
791          17D-3-102. Definitions.
792          As used in this chapter:
793          (1) "Commission" means the Conservation Commission, created in Section 4-18-104.
794          (2) "Commissioner" means the commissioner of the department.
795          [(2)] (3) "Conservation district" means a limited purpose local government entity, as
796     described in Section 17D-3-103, that operates under, is subject to, and has the powers set forth
797     in this chapter.
798          [(3)] (4) "Department" means the Department of Agriculture and Food, created in
799     Section 4-2-102.
800          Section 16. Section 17D-3-103 is amended to read:
801          17D-3-103. Conservation district status, authority, and duties.
802          (1) A conservation district created under this chapter:
803          (a) is a body corporate and politic;
804          (b) is a political subdivision of the state; and
805          (c) may sue and be sued.
806          (2) (a) A conservation district may:
807          (i) survey, investigate, and research soil erosion, floodwater, nonpoint source water
808     pollution, flood control, water pollution, sediment damage, and watershed development;
809          (ii) subject to Subsection (2)(b), devise and implement on state or private land a
810     measure to prevent soil erosion, floodwater or sediment damage, nonpoint source water
811     pollution, or other degradation of a watershed or of property affecting a watershed;
812          (iii) subject to Subsection (2)(b), devise and implement a measure to conserve,
813     develop, utilize, or dispose of water on state or private land;
814          (iv) construct, improve, operate, and maintain a structure that the board of supervisors
815     considers necessary or convenient for the conservation district to carry out its purposes under
816     this chapter;
817          (v) acquire property, real or personal, by purchase or otherwise, and maintain, improve,
818     and administer that property consistent with the purposes of this chapter;
819          (vi) enter into a contract in the name of the conservation district;
820          (vii) receive money from:
821          (A) a federal or state agency;
822          (B) a county, municipality, or other political subdivision of the state; or
823          (C) a private source;
824          (viii) subject to Subsection (2)(c), make recommendations governing land use within
825     the conservation district, including:
826          (A) the observance of particular methods of cultivation;
827          (B) the use of specific crop programs and tillage practices;
828          (C) the avoidance of tilling and cultivating highly erosive areas where erosion may not
829     be adequately controlled if cultivated;
830          (D) the construction of terraces, terrace outlets, check dams, dikes, ponds, or other
831     structures; and
832          (E) the development or restoration, or both, of range or forest lands or other natural
833     resources, whether in private, state, or federal ownership;
834          (ix) plan watershed and flood control projects in cooperation with local, state, and
835     federal authorities, and coordinate flood control projects in the state;
836          (x) make recommendations for county and municipal land use authorities within the
837     conservation district to consider with respect to land use applications and other development
838     proposals;
839          (xi) employ clerical and other staff personnel, including legal staff, subject to available
840     [funds] money; and
841          (xii) perform any other act that the board of supervisors considers necessary or
842     convenient for the efficient and effective administration of the conservation district.
843          (b) A conservation district's authority under Subsections (2)(a)(ii) and (iii) is subject to
844     the consent of:
845          (i) the land occupier or owner; and
846          (ii) in the case of school and institutional trust lands, as defined in Section 53C-1-103,
847     the director of the School and Institutional Trust Lands Administration, in accordance with
848     Sections 53C-1-102 and 53C-1-303.
849          (c) (i) [Each] A recommendation under Subsection (2)(a)(viii) shall be uniform
850     throughout the conservation district or, if the board of supervisors classifies land under
851     Subsection (2)(c)(ii), throughout each land classification.
852          (ii) The board of supervisors may uniformly classify land within the conservation
853     district with respect to soil type, degree of slope, degree of threatened or existing erosion,
854     cropping and tillage practices in use, or other relevant factors.
855          (3) (a) [Each] A conservation district shall annually submit to the commission, no later
856     than the date that the commission prescribes:
857          (i) a copy of the minutes of each conservation district meeting;
858          (ii) a copy of the conservation district's annual work plan; and
859          (iii) an accounting of the conservation district's financial affairs, as provided in
860     Subsection (3)(b).
861          (b) The accounting required under Subsection (3)(a)(iii) shall:
862          (i) be prepared by a disinterested person; and
863          (ii) show the conservation district's debits and credits, including accounts payable and
864     accounts receivable, the purpose of each debit, the source of each credit, and the actual cash
865     balance on hand.
866          (4) (a) [Each] A conservation district shall register and maintain the conservation
867     district's registration as a limited purpose entity, in accordance with Section 67-1a-15.
868          (b) A conservation district that fails to comply with Subsection (4)(a) or Section
869     67-1a-15 is subject to enforcement by the state auditor, in accordance with Section 67-3-1.
870          Section 17. Section 17D-3-203 is amended to read:
871          17D-3-203. Considerations in determining whether to approve conservation
872     district creation, consolidation, division, or dissolution -- Denial or approval -- Notice and
873     plat to lieutenant governor -- Recording requirements -- Prohibition against considering
874     similar creation, consolidation, division, or dissolution if previously denied.
875          (1) In determining whether to approve the creation of a conservation district, the
876     consolidation of existing conservation districts, or the division or dissolution of an existing
877     conservation district, the commission shall consider:
878          (a) the demonstrated necessity and administrative practicality of the creation,
879     consolidation, division, or dissolution;
880          (b) the topography of and soil compositions and prevailing land use practices within
881     the area of the proposed or existing conservation district or districts;
882          (c) the hydrologic unit code of the watershed in which the area of the proposed or
883     existing conservation district or districts is located;
884          (d) the relationship of the area of the proposed or existing conservation district or
885     districts to existing watersheds and agricultural regions; and
886          (e) the sentiment expressed by persons within the area of the proposed or existing
887     conservation district or districts with respect to the proposed creation, consolidation, division,
888     or dissolution.
889          (2) After holding a public hearing as required under Subsection 17D-3-201(2)(b) and
890     considering the factors listed in Subsection (1), the commission shall:
891          (a) (i) disapprove the creation of a conservation district, the consolidation of existing
892     conservation districts, or the division or dissolution of an existing conservation district, [as the
893     case may be,] if the commission determines that creation, consolidation, division, or
894     dissolution is not necessary or administratively practical; or
895          (ii) approve the creation of a conservation district, the consolidation of existing
896     conservation districts, or the division or dissolution of an existing conservation district, [as the
897     case may be,] if the commission determines that creation, consolidation, division, or
898     dissolution is necessary and administratively practical; and
899          (b) set forth in writing the reasons for the commission's action.
900          (3) (a) If the commission approves the creation, consolidation, division, or dissolution,
901     the commission shall:
902          (i) deliver to the lieutenant governor:
903          (A) a copy of a notice of an impending boundary action, as defined in Section
904     67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and
905          (B) except in the case of a dissolution, a copy of an approved final local entity plat, as
906     defined in Section 67-1a-6.5; and
907          (ii) upon the lieutenant governor's issuance of a certificate of boundary action under
908     Section 67-1a-6.5:
909          (A) if the conservation district is or, in the case of dissolution, was located within the
910     boundary of a single county, submit to the recorder of that county:
911          (I) the original:
912          (Aa) notice of an impending boundary action;
913          (Bb) certificate of boundary action; and
914          (Cc) except in the case of dissolution, approved final local entity plat; and
915          (II) a certified copy of the document that the commission adopted approving the
916     boundary action; or
917          (B) if the conservation district is or, in the case of a dissolution, was located within the
918     boundaries of more than a single county:
919          (I) submit to the recorder of one of those counties:
920          (Aa) the original of the documents listed in Subsections (3)(a)(ii)(A)(I)(Aa), (Bb), and
921     (Cc); and
922          (Bb) a certified copy of the document that the commission adopted approving the
923     boundary action; and
924          (II) submit to the recorder of each other county:
925          (Aa) a certified copy of the documents listed in Subsections (3)(a)(ii)(A)(I)(Aa), (Bb),
926     and (Cc); and
927          (Bb) a certified copy of the document that the commission adopted approving the
928     boundary action.
929          (b) Upon the lieutenant governor's issuance of the certificate of creation, consolidation,
930     division, or dissolution under Section 67-1a-6.5, [as the case may be,] the conservation district
931     is created and incorporated, consolidated, divided, or dissolved, respectively.
932          (4) If the commission disapproves a creation, consolidation, division, or dissolution
933     under Subsection (2)(a)(i), the commission may not, for six months following the denial,
934     consider a similar proposal to create, divide, or dissolve the conservation district or to
935     consolidate the conservation districts, as the case may be.
936          Section 18. Section 17D-3-301 is amended to read:
937          17D-3-301. Board of supervisors -- Number -- Term -- Chair and officers --
938     Quorum -- Compensation.
939          (1) [Each] A board of supervisors shall govern a conservation district [shall be
940     governed by a board of supervisors].
941          (2) [(a)] The board of supervisors of a conservation district consists of five members
942     [elected] appointed as provided in this part, at least three of whom shall be private agricultural
943     land operators.
944          [(b) If the board of supervisors divides the conservation district into watershed voting
945     areas under Section 17D-3-308, at least one member of the board of supervisors shall reside
946     within each watershed voting area.]
947          (3) (a) [The] Subject to Subsection (3)(c), the term of office of [each] a member of a
948     board of supervisors is four years.
949          (b) Notwithstanding Subsection (3)(a), if multiple conservation districts are
950     consolidated or a single conservation district divided or dissolved under Part 2, Creation,
951     Consolidation, Division, and Dissolution of Conservation Districts:
952          (i) the term of each member of the board of supervisors of the consolidated
953     conservation districts or the divided or dissolved conservation district terminates immediately
954     upon consolidation, division, or dissolution; and
955          (ii) (A) the [commission shall hold an election] commissioner shall appoint a new
956     board of supervisors, as provided in this part, [for all board of supervisors members of] for the
957     consolidated conservation district or divided conservation districts, as the case may be; and
958          (B) subject to Subsection (3)(c), the term of [the two candidates receiving the highest
959     number of votes at an election under Subsection (3)(b)(ii)(A) shall be four years, and the term
960     of the three candidates receiving the next highest number of votes shall be two years] office of
961     a member of the board of supervisors appointed is four years.
962          (c) Notwithstanding the other provisions of this Subsection (3), the commissioner may,
963     at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
964     of board members are staggered so that approximately half of the board is appointed every two
965     years.
966          (4) The board of supervisors shall elect a chair from among their number for a term of
967     one year, and may elect other officers from among their number that the board considers
968     necessary.
969          (5) A majority of the board of supervisors constitutes a quorum for the transaction of
970     board business, and action by a majority of a quorum present at a meeting of the board
971     constitutes action of the board.
972          (6) For performing official duties, [each] a member of the board of supervisors of a
973     conservation district shall receive:
974          (a) per diem and travel expenses in accordance with Section 11-55-103; and
975          (b) actual and necessary expenses as determined by the department.
976          Section 19. Section 17D-3-302 is amended to read:
977          17D-3-302. Board of supervisors members to be appointed -- Candidates
978     nominated by nominating committee -- Candidate qualifications -- Nomination
979     committee.
980          (1) As provided in this part, [each] the commissioner shall appoint a member of a
981     board of supervisors of a conservation district [shall be elected at large within the conservation
982     district] from candidates nominated by[:(a) ] a nominating committee consisting of:
983          [(i)] (a) the chair of the commission or council of the county in which the conservation
984     district is located;
985          [(ii)] (b) the chair of the USDA Farm Service Agency Committee of the county in
986     which the conservation district is located;
987          [(iii) (A)] (c) (i) the chair of the board of supervisors of the conservation district; or
988          [(B)] (ii) the chair's designee, if the chair wishes to be a candidate for [reelection;]
989     reappointment; and
990          [(iv)] (d) the agricultural extension service designated representative of the county in
991     which the conservation district is located[; or].
992          [(b) petition under Section 17D-3-304.]
993          (2) The commissioner may remove an individual from the nominating committee upon
994     the request of the group the individual represents.
995          [(2)] (3) [Each candidate for election] A candidate for appointment to the board of
996     supervisors of a conservation district shall be:
997          (a) at least 18 years of age; and
998          (b) a resident within the conservation district.
999          Section 20. Section 17D-3-303 is amended to read:
1000          17D-3-303. Nominating committee nomination of candidates for appointment to
1001     the board of supervisors.
1002          The nominating committee under Subsection 17D-3-302(1)[(a)] shall:
1003          (1) nominate for [each] a conservation district [election] a slate of candidates for
1004     [election] appointment to the board of supervisors of the conservation district equal
1004a     Ĥ→ or greater ←Ĥ in number
1005     to Ĥ→ [at least one more than] ←Ĥ the number of board of supervisors members to be [elected]
1006     appointed; and
1007          (2) submit the names of candidates to the [commission] commissioner no later than the
1008     date set by the commission as the close of nominations.
1009          Section 21. Section 17D-3-304 is amended to read:
1010          17D-3-304. Petition to nominate candidates for appointment to the board of
1011     supervisors.
1012          (1) [A] In addition to the procedure in Section 17D-3-302, a person may be nominated
1013     to be a candidate for [election] appointment as a member of a board of supervisors of a
1014     conservation district by a petition filed with the [commission] department no later than the date
1015     set by the commission as the close of nominations.
1016          (2) [Each] A petition under Subsection (1) shall[:(a) ] state:
1017          [(i)] (a) the candidate's name;
1018          [(ii)] (b) that the candidate is at least 18 years of age; [and]
1019          [(iii)] (c) that the candidate for appointment is a resident of the conservation district for
1020     which the [election] nomination for candidacy is to be held; and
1021          [(b)] (d) contain the [signatures of at least six persons who reside and are registered
1022     voters within the conservation district; and (c) list the name, address, and voting precinct
1023     number of each person who signs the petition.] notarized signature of the candidate.
1024          (3) The department shall forward a petition received under this section to the
1025     nominating committee for consideration under Sections 17D-3-302 and 17D-3-303.
1026          Section 22. Section 17D-3-305 is amended to read:
1027          17D-3-305. Setting the date of nomination of the board of supervisors -- Notice
1028     requirements.
1029          (1) The commission shall set the date of the [election] nomination of members of the
1030     board of supervisors of a conservation district.
1031          (2) The commission shall publish notice of the [election] nomination day described in
1032     Subsection (1):
1033          (a) (i) in a newspaper of general circulation within the conservation district at least
1034     once, no later than four weeks before the day of the [election] nomination; or
1035          (ii) if there is no newspaper of general circulation in the conservation district, at least
1036     four weeks before the [day of the election] nomination day, by posting one notice, and at least
1037     one additional notice per 2,000 population of the conservation district, in places within the
1038     conservation district that are most likely to give notice to the [voters] residents in the
1039     conservation district; [or]
1040          [(iii) at least four weeks before the day of the election, by mailing notice to each
1041     registered voter in the conservation district;]
1042          (b) on the Utah Public Notice Website created in Section 63F-1-701, for four weeks
1043     before the day of the [election] nomination;
1044          (c) in accordance with Section 45-1-101, for four weeks before the day of the [election]
1045     nomination; and
1046          (d) if the conservation district has a website, on the conservation district's website for
1047     four weeks before the day of the [election] nomination.
1048          (3) The [date set for an election under Subsection (1) may not be] commissioner shall
1049     appoint the board of members by no later than six weeks after the date set by the commission
1050     for the close of nominations.
1051          (4) The notice required under Subsection (2) shall[: (a) ] state:
1052          [(i)] (a) the nomination date [of the election]; and
1053          [(ii) the names of all candidates; and]
1054          [(iii) that a ballot request form for the election may be obtained from the commission
1055     office or from any other place that the commission designates; and]
1056          [(b) specify the address of the commission office or other place where a ballot request
1057     form may be obtained.]
1058          (b) the number of open board member positions for the conservation district.
1059          Section 23. Section 17D-3-310 is amended to read:
1060          17D-3-310. Vacancies in the board of supervisors.
1061          If a vacancy occurs in the office of board of supervisors member, the remaining
1062     members of the board of supervisors shall [appoint a person] nominate an individual to the
1063     commissioner to appoint to fill the vacancy, to serve the remainder of the unexpired term of the
1064     member creating the vacancy.
1065          Section 24. Section 17D-3-311 is amended to read:
1066          17D-3-311. Training for board members.
1067          (1) A member of a board of supervisors shall, within one year after [taking office]
1068     appointment, complete the training described in Subsection (2).
1069          (2) The state auditor shall, with the assistance of the commission and an association
1070     that represents conservation districts, develop a training curriculum for a member of the board
1071     of supervisors and conduct the training.
1072          Section 25. Section 26-15-1 is amended to read:
1073          26-15-1. Definitions.
1074          As used in this chapter:
1075          (1) (a) "Food handler" means any person working part-time or full-time in a food
1076     service establishment who:
1077          (i) moves food or food containers, prepares, stores, or serves food;
1078          (ii) comes in contact with any food, utensil, tableware or equipment; or
1079          (iii) washes the same. [The term also]
1080          (b) "Food handler" includes:
1081          (i) owners, supervisors, and management persons, and any other person working in a
1082     food-service establishment[. The term also includes any]; or
1083          (ii) an operator or person:
1084          (A) employed by one who handles food dispensed through vending machines; [or]
1085          (B) who comes into contact with food contact surfaces or containers, equipment,
1086     utensils, or packaging materials used in connection with vending machine operations; or
1087          (C) who otherwise services or maintains one or more vending machines.
1088          [(b)] (c) "Food handler" does not include a producer of food products selling food at a
1089     farmers market as defined in [Subsection] Section 4-5-102[(5)].
1090          (2) "Pest" means a noxious, destructive, or troublesome organism whether plant or
1091     animal, when found in and around places of human occupancy, habitation, or use which
1092     threatens the public health or well being of the people within the state.
1093          (3) "Vector" means any organism, such as insects or rodents, that transmits a pathogen
1094     that can affect public health.
1095          Section 26. Section 59-10-1304 is amended to read:
1096          59-10-1304. Removal of designation and prohibitions on collection for certain
1097     contributions on income tax return -- Conditions for removal and prohibitions on
1098     collection -- Commission publication requirements.
1099          (1) (a) If a contribution or combination of contributions described in Subsection (1)(b)
1100     generate less than $30,000 per year for three consecutive years, the commission shall remove
1101     the designation for the contribution from the individual income tax return and may not collect
1102     the contribution from a resident or nonresident individual beginning two taxable years after the
1103     three-year period for which the contribution generates less than $30,000 per year.
1104          (b) The following contributions apply to Subsection (1)(a):
1105          (i) the contribution provided for in Section 59-10-1306;
1106          (ii) the sum of the contributions provided for in Subsection 59-10-1307(1);
1107          (iii) the contribution provided for in Section 59-10-1308;
1108          [(iv) the contribution provided for in Section 59-10-1310;]
1109          [(v)] (iv) the contribution provided for in Section 59-10-1315;
1110          [(vi)] (v) the contribution provided for in Section 59-10-1318;
1111          [(vii)] (vi) the contribution provided for in Section 59-10-1319; or
1112          [(viii)] (vii) the contribution provided for in Section 59-10-1320.
1113          (2) If the commission removes the designation for a contribution under Subsection (1),
1114     the commission shall report to the Revenue and Taxation Interim Committee by electronic
1115     means that the commission removed the designation on or before the November interim
1116     meeting of the year in which the commission determines to remove the designation.
1117          (3) (a) Within a 30-day period after making the report required by Subsection (2), the
1118     commission shall publish a list in accordance with Subsection (3)(b) stating each contribution
1119     that the commission will remove from the individual income tax return.
1120          (b) The list shall:
1121          (i) be published on:
1122          (A) the commission's website; and
1123          (B) the public legal notice website in accordance with Section 45-1-101;
1124          (ii) include a statement that the commission:
1125          (A) is required to remove the contribution from the individual income tax return; and
1126          (B) may not collect the contribution;
1127          (iii) state the taxable year for which the removal described in Subsection (3)(a) takes
1128     effect; and
1129          (iv) remain available for viewing and searching until the commission publishes a new
1130     list in accordance with this Subsection (3).
1131          Section 27. Repealer.
1132          This bill repeals:
1133          Section 4-13-107, Department to publish commercial values applied to components
1134     of commercial fertilizer.
1135          Section 4-40-101, Title.
1136          Section 4-40-102, Cat and Dog Community Spay and Neuter Program Restricted
1137     Account -- Interest -- Use of contributions and interest.
1138          Section 17D-3-306, Eligibility to vote in an election for board of supervisors
1139     members.
1140          Section 17D-3-307, Supervisor's election mailing list.
1141          Section 17D-3-308, Watershed voting areas.
1142          Section 17D-3-309, Election of board of supervisors members -- Ballots --
1143     Commission duties regarding elections -- Election expenses.
1144          Section 59-10-1310, Contribution to Cat and Dog Community Spay and Neuter
1145     Program Restricted Account.