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          ▸     addresses brand inspection provisions;
20          ▸     provides for the commissioner of agriculture and food to appoint members of the
21     conservation board of supervisors and make changes related to conservation
22     districts;
23          ▸     repeals provisions related to the cat and dog community spay and neuter program;
24     and
25          ▸     makes technical and conforming changes.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          4-2-303, as renumbered and amended by Laws of Utah 2017, Chapter 345
33          4-2-602, as enacted by Laws of Utah 2018, Chapter 51
34          4-5-102, as last amended by Laws of Utah 2019, Chapter 32
35          4-5-103, as last amended by Laws of Utah 2019, Chapter 32
36          4-5-104, as renumbered and amended by Laws of Utah 2017, Chapter 345
37          4-13-102, as renumbered and amended by Laws of Utah 2017, Chapter 345
38          4-13-103, as renumbered and amended by Laws of Utah 2017, Chapter 345
39          4-13-104, as renumbered and amended by Laws of Utah 2017, Chapter 345
40          4-13-105, as renumbered and amended by Laws of Utah 2017, Chapter 345
41          4-13-106, as renumbered and amended by Laws of Utah 2017, Chapter 345
42          4-13-108, as renumbered and amended by Laws of Utah 2017, Chapter 345
43          4-13-109, as renumbered and amended by Laws of Utah 2017, Chapter 345
44          4-23-106, as last amended by Laws of Utah 2019, Chapter 268
45          4-24-304, as renumbered and amended by Laws of Utah 2017, Chapter 345
46          4-24-308, as renumbered and amended by Laws of Utah 2017, Chapter 345
47          17D-3-102, as last amended by Laws of Utah 2017, Chapter 345
48          17D-3-103, as last amended by Laws of Utah 2018, Chapters 115 and 256
49          17D-3-203, as last amended by Laws of Utah 2009, Chapter 350
50          17D-3-301, as last amended by Laws of Utah 2017, Chapter 70
51          17D-3-302, as enacted by Laws of Utah 2008, Chapter 360
52          17D-3-303, as enacted by Laws of Utah 2008, Chapter 360
53          17D-3-304, as enacted by Laws of Utah 2008, Chapter 360
54          17D-3-305, as last amended by Laws of Utah 2019, Chapter 255
55          17D-3-310, as enacted by Laws of Utah 2008, Chapter 360
56          17D-3-311, as enacted by Laws of Utah 2012, Chapter 103
57          26-15-1, as last amended by Laws of Utah 2017, Chapter 345
58          59-10-1304, as last amended by Laws of Utah 2019, Chapter 89
59     ENACTS:
60          4-13-110, Utah Code Annotated 1953
61     REPEALS:
62          4-13-107, as renumbered and amended by Laws of Utah 2017, Chapter 345
63          4-40-101, as renumbered and amended by Laws of Utah 2011, Chapter 124
64          4-40-102, as last amended by Laws of Utah 2017, Chapter 345
65          17D-3-306, as enacted by Laws of Utah 2008, Chapter 360
66          17D-3-307, as enacted by Laws of Utah 2008, Chapter 360
67          17D-3-308, as enacted by Laws of Utah 2008, Chapter 360
68          17D-3-309, as last amended by Laws of Utah 2011, Chapter 292
69          59-10-1310, as last amended by Laws of Utah 2012, Chapter 369
70     

71     Be it enacted by the Legislature of the state of Utah:
72          Section 1. Section 4-2-303 is amended to read:
73          4-2-303. Violations unlawful.
74          It is unlawful for [any] a person, or the officer or employee of [any] a person, to
75     willfully violate, disobey, or disregard this title, a rule made under this title, or any notice or
76     order issued under this title.
77          Section 2. Section 4-2-602 is amended to read:
78          4-2-602. Local Food Advisory Council created.
79          (1) There is created the Local Food Advisory Council consisting of up to the following
80     13 members:
81          (a) one member of the Senate appointed by the president of the Senate;
82          (b) two members of the House of Representatives appointed by the speaker of the
83     House of Representatives, each from a different political party;
84          (c) the commissioner of the Department of Agriculture and Food, or the
85     commissioner's designee;
86          (d) the executive director of the Department of Health, or the executive director's
87     designee;
88          (e) two crop direct-to-consumer food producers, appointed by the governor;
89          (f) two animal direct-to-consumer food producers, appointed by the governor; and
90          (g) the following potential members, appointed by the governor as needed:
91          (i) a direct-to-consumer food producer;
92          (ii) a member of a local agriculture organization;
93          (iii) a food retailer;
94          (iv) a licensed dietician;
95          (v) a county health department representative;
96          (vi) an urban farming representative;
97          (vii) a representative of a business engaged in the processing, packaging, or
98     distribution of food;
99          (viii) an anti-hunger advocate; and
100          (ix) an academic with expertise in agriculture.
101          (2) (a) The president of the Senate shall designate a member of the Senate appointed
102     under Subsection (1)(a) as a cochair of the commission.
103          (b) The speaker of the House of Representatives shall designate a member of the House
104     of Representatives appointed under Subsection (1)(b) as a cochair of the commission.
105          (c) The cochairs may, with the consent of a majority of the council, appoint additional
106     nonvoting members to the council who shall serve in a voluntary capacity.
107          (3) In appointing members to the council under Subsections (1)(e) through (g), the
108     governor shall strive to take into account the geographical makeup of the council.
109          (4) A vacancy on the council [resulting from the council] shall be filled in the same
110     manner in which the original appointment [was] is made.
111          (5) Compensation for a member of the council who is a legislator shall be paid in
112     accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator
113     Compensation.
114          (6) Council members who are employees of the state shall receive no additional
115     compensation.
116          (7) The Department of Agriculture and Food shall provide staff support for the council.
117          Section 3. Section 4-5-102 is amended to read:
118          4-5-102. Definitions.
119          As used in this chapter:
120          (1) "Advertisement" means a representation, other than by labeling, made to induce the
121     purchase of food.
122          (2) (a) "Color additive":
123          (i) means a dye, pigment, or other substance not exempted under the federal act that,
124     when added or applied to a food, is capable of imparting color; and
125          (ii) includes black, white, and intermediate grays.
126          (b) "Color additive" does not include a pesticide chemical, soil or plant nutrient, or
127     other agricultural chemical that imparts color solely because of the chemical's effect, before or
128     after harvest, in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or
129     other natural physiological process of any plant life.
130          (3) (a) "Consumer commodity" means a food, as defined by this [act] chapter, or by the
131     federal act.
132          (b) "Consumer commodity" does not include:
133          (i) a commodity subject to packaging or labeling requirements imposed under the
134     Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Sec. 136 et seq.;
135          (ii) a commodity subject to Title 4, Chapter 16, Utah Seed Act;
136          (iii) a meat or meat product subject to the Federal Meat Inspection Act, 21 U.S.C. Sec.
137     601 et seq.;
138          (iv) a poultry or poultry product subject to the Poultry Inspection Act, 21 U.S.C. Sec.
139     451 et seq.;
140          (v) a tobacco or tobacco product; or
141          (vi) a beverage subject to or complying with packaging or labeling requirements
142     imposed under the Federal Alcohol Administration Act, 27 U.S.C. Sec. 201 et seq.
143          (4) "Contaminated" means not securely protected from dust, dirt, or foreign or
144     injurious agents.
145          (5) (a) "Farm" means an agricultural operation, under management by one entity, that
146     grows or harvests crops.
147          (b) "Farm" does not include an entity that is exempt under 21 C.F.R. 112.4(a)[,] or 21
148     C.F.R. 112.5[, or 21 C.F.R. 117.3].
149          (6) "Farmers market" means a market where a producer of a food product sells only a
150     fresh, raw, whole, unprocessed, and unprepared food item directly to the final consumer.
151          (7) "Federal act" means the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301
152     et seq.
153          (8) "Food" means:
154          (a) an article used for food or drink for human or animal consumption or the
155     components of the article;
156          (b) chewing gum or chewing gum components; or
157          (c) a food supplement for special dietary use [which] that is necessitated because of a
158     physical, physiological, pathological, or other condition.
159          (9) (a) "Food additive" means a substance, the intended use of which results in the
160     substance becoming a component, or otherwise affecting the characteristics, of a food.
161          (b) (i) "Food additive" includes a substance or source of radiation intended for use in
162     producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or
163     holding food.
164          (ii) "Food additive" does not include:
165          (A) a pesticide chemical in or on a raw agricultural commodity;
166          (B) a pesticide chemical that is intended for use or is used in the production, storage, or
167     transportation of a raw agricultural commodity; or
168          (C) a substance used in accordance with a sanction or approval granted pursuant to the
169     Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq. or the Federal Meat Inspection Act,
170     21 U.S.C. Sec. 601 et seq.
171          (10) (a) "Food establishment" means a grocery store, bakery, candy factory, food
172     processor, bottling plant, sugar factory, cannery, farm, rabbit processor, meat processor, flour
173     mill, cold or dry warehouse storage, or other facility where food products are manufactured,
174     canned, processed, packaged, stored, transported, prepared, sold, or offered for sale.
175          (b) "Food establishment" does not include:
176          (i) a dairy farm, a dairy plant, or a meat establishment, that is subject to the Poultry
177     Products Inspection Act, 21 U.S.C. Sec. 451 et seq., or the Federal Meat Inspection Act, 21
178     U.S.C. Sec. 601 et seq.; or
179          (ii) a farmers market.
180          (11) "Label" means a written, printed, or graphic display on the immediate container of
181     an article of food.
182          (12) "Labeling" means a label and other written, printed, or graphic display:
183          (a) on an article of food or the article of food's container or wrapper; or
184          (b) accompanying the article of food.
185          (13) "Official compendium" means the official documents or supplements to the:
186          (a) United States Pharmacopoeia;
187          (b) National Formulary; or
188          (c) Homeopathic Pharmacopoeia of the United States.
189          (14) (a) "Package" means a container or wrapping in which a consumer commodity is
190     enclosed for use in the delivery or display of the consumer commodity to retail purchasers.
191          (b) "Package" does not include:
192          (i) a package liner;
193          (ii) a shipping container or wrapping used solely for the transportation of a consumer
194     commodity in bulk or in quantity to a manufacturer, packer, processor, or wholesale or retail
195     distributor; or
196          (iii) a shipping container or outer wrapping used by a retailer to ship or deliver a
197     consumer commodity to a retail customer, if the container and wrapping bear no printed
198     information relating to the consumer commodity.
199          (15) (a) "Pesticide" means a substance intended:
200          (i) to prevent, destroy, repel, or mitigate a pest, as defined under [Subsection] Section
201     4-14-102[(20)]; or
202          (ii) for use as a plant regulator, defoliant, or desiccant.
203          (b) "Pesticide" does not include:
204          (i) a new animal drug, as defined by 21 U.S.C. Sec. 321, that has been determined by
205     the United States Secretary of Health and Human Services not to be a new animal drug by
206     federal regulation establishing conditions of use of the drug; or
207          (ii) animal feed, as defined by 21 U.S.C. Sec. 321, bearing or containing a new animal
208     drug.
209          (16) "Principal display panel" means that part of a label that is most likely to be
210     displayed, presented, shown, or examined under normal and customary conditions of display
211     for retail sale.
212          (17) "Produce" means a food that is a:
213          (a) fruit, vegetable, mix of intact fruits and vegetables, mushroom, sprout from any
214     seed source, peanut, tree nut, or herb; and
215          (b) raw agricultural commodity.
216          (18) "Raw agricultural commodity" means a food in the food's raw or natural state,
217     including all fruits that are washed, colored, or otherwise treated in the fruit's unpeeled, natural
218     form [prior to] before marketing.
219          (19) "Registration" means the commissioner's issuance of a certificate to a qualified
220     food establishment.
221          (20) "Sprout" means the shoot of a plant generally harvested when cotyledons are
222     undeveloped or underdeveloped and mature leaves have not emerged.
223          Section 4. Section 4-5-103 is amended to read:
224          4-5-103. Adulterated food specified.
225          (1) A food is adulterated:
226          (a) if the food bears or contains a poisonous or deleterious substance in a quantity that
227     may ordinarily render the food injurious to health;
228          (b) if the food bears or contains an added poisonous or added deleterious substance that
229     is unsafe within the meaning of Subsection 4-5-204(1);
230          (c) except as provided in Subsection (3), if the food:
231          (i) is a raw agricultural commodity; and
232          (ii) bears or contains a pesticide chemical that is unsafe within the meaning of 21
233     U.S.C. Sec. 346a;
234          (d) if the food is, bears, or contains a food additive that is unsafe within the meaning of
235     21 U.S.C. Sec. 348;
236          (e) if the food consists in whole or in part of a diseased, contaminated, filthy, putrid, or
237     decomposed substance;
238          (f) if the food is otherwise unfit for food;
239          (g) if the food has been produced, prepared, packed, or held under unsanitary
240     conditions whereby the food may have:
241          (i) become contaminated with filth; or
242          (ii) been rendered diseased, unwholesome, or injurious to health;
243          (h) if the food is, in whole or in part, the product of:
244          (i) a diseased animal;
245          (ii) an animal that has died other than by slaughter; or
246          (iii) an animal that has fed upon the uncooked offal from a slaughterhouse;
247          (i) if the food's container is composed, in whole or in part, of a poisonous or
248     deleterious substance that may render the contents injurious to health;
249          (j) if the food [has been] is intentionally subjected to radiation, unless the use of the
250     radiation was in conformity with a rule or exemption in effect pursuant to Section 4-5-204, or
251     21 U.S.C. Sec. 348;
252          (k) if the food:
253          (i) is a meat or meat product; and
254          (ii) (A) is in a casing, package, or wrapper:
255          (I) through which a part of the casing, package, or wrapper's contents can be seen; and
256          (II) that is colored or has markings that are colored, so as to be misleading or deceptive
257     with respect to the color, quality, or kind of food to which the color is applied; or
258          (B) contains or bears a color additive;
259          (l) if the food is produce and is in violation of [a provision of] 21 C.F.R. Part 112;
260          (m) if a valuable constituent [has been] is, in whole or in part, omitted or abstracted
261     from a product and a substance [has been] is substituted wholly or in part;
262          (n) if damage or inferiority [has been] is concealed;
263          (o) if a substance [has been] is added, mixed, or packed with a product so as to:
264          (i) increase the product's bulk or weight;
265          (ii) reduce the product's quality or strength; or
266          (iii) make the product appear better or of greater value; or
267          (p) if the food:
268          (i) is confectionery; and
269          (ii) (A) has partially or completely imbedded in the food a nonnutritive object, unless
270     the department determines that the nonnutritive object:
271          (I) is of practical functional value to the confectionery product; and
272          (II) would not render the product injurious or hazardous to health;
273          (B) bears or contains alcohol, other than alcohol derived solely from the use of
274     flavoring extracts, that does not exceed .05% by volume; or
275          (C) bears or contains a nonnutritive substance, unless:
276          (I) the nonnutritive substance is a safe nonnutritive substance that is in or on the
277     confectionery for a practical functional purpose in the manufacture, packaging, or storing of the
278     confectionery; and
279          (II) the use of the nonnutritive substance does not promote deception of the consumer
280     or otherwise result in adulteration or misbranding in violation of this chapter.
281          (2) The department may, for the purpose of avoiding or resolving uncertainty as to the
282     application of Subsection (1)(p)(ii)(C), issue rules allowing or prohibiting the use of a
283     particular nonnutritive substance.
284          (3) Notwithstanding [the provisions of] Section 4-5-204, the residue of a pesticide
285     chemical remaining in or on a processed food is not considered unsafe if:
286          (a) the pesticide chemical is used in or on a raw agricultural commodity in conformity
287     with an exemption granted or tolerance prescribed under 21 U.S.C. Sec. 346a;
288          (b) the residue of the pesticide chemical in or on the raw agricultural commodity is
289     removed to the extent possible in good manufacturing practice;
290          (c) the raw agricultural commodity is subjected to processing such as canning, cooking,
291     freezing, dehydrating, or milling; and
292          (d) the concentration of the residue in the processed food when ready to eat is no
293     greater than the tolerance prescribed for the raw agricultural commodity.
294          Section 5. Section 4-5-104 is amended to read:
295          4-5-104. Authority to make and enforce rules.
296          (1) The department may adopt rules to efficiently enforce this chapter, and if
297     practicable, adopt rules that conform to the regulations adopted under the Federal Food, Drug,
298     and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
299          (2) [Hearings] The department or an officer, agent, or employee designated by the
300     department shall conduct a hearing authorized or required by this chapter [shall be conducted
301     by the department or by an officer, agent, or employee designated by the department].
302          (3) (a) Except as provided by Subsection (3)(b), [all] pesticide chemical regulations
303     [and their amendments now or hereafter] adopted under authority of the Federal Food, Drug,
304     and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the pesticide chemical regulations in this
305     state.
306          (b) The department may adopt a rule that prescribes tolerance for pesticides in finished
307     foods in this state whether or not in accordance with regulations [promulgated] made under the
308     federal act.
309          (4) (a) Except as provided by Subsection (4)(b), [all] food additive regulations [and
310     their amendments now or hereafter] adopted under authority of the Federal Food, Drug, and
311     Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the food additive regulations in this state.
312          (b) The department may adopt a rule that prescribes conditions under which a food
313     additive may be used in this state whether or not in accordance with regulations [promulgated]
314     made under the federal act.
315          (5) [All color] Color additive regulations adopted under authority of the Federal Food,
316     Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are the color additive rules in this state.
317          (6) (a) Except as provided by Subsection (6)(b), [all] special dietary use regulations
318     adopted under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et
319     seq., are the special dietary use rules in this state.
320          (b) The department may, if [it] the department finds it necessary to inform purchasers
321     of the value of a food for special dietary use, prescribe special dietary use rules whether or not
322     in accordance with regulations [promulgated] made under the federal act.
323          (7) (a) Except as provided by Subsection (7)(b), [all] regulations adopted under the Fair
324     Packaging and Labeling Act, 15 U.S.C. Sec. 1453 et seq., shall be the rules in this state.
325          (b) Except as provided by Subsection (7)(c), the department may, if [it] the department
326     finds it necessary in the interest of consumers, prescribe package and labeling rules for
327     consumer commodities, whether or not in accordance with regulations [promulgated] made
328     under the federal act.
329          (c) The department may not adopt rules that are contrary to the labeling requirements
330     for the net quantity of contents required according to 15 U.S.C. Sec. 1453(a)(4).
331          (8) (a) Except as provided by Subsection (8)(b), the preventive control for human food
332     regulations adopted under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.
333     Sec. 301 et seq., are the preventive controls for the state.
334          (b) The department may adopt a rule that prescribes preventive controls in this state
335     whether or not in accordance with regulations made under the federal act except that the rule
336     may not be more stringent than the federal law.
337          (9) (a) Except as provided by Subsection (9)(b), the standards for the growing,
338     harvesting, packaging, and holding of produce for human consumption regulations adopted
339     under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., are
340     the standards for the state.
341          (b) The department may adopt a rule that prescribes standards for the growing,
342     harvesting, packaging, and holding of produce for human consumption in this state whether or
343     not in accordance with regulations made under the federal act except that the rule may not be
344     more stringent than the federal law.
345          [(8)] (10) (a) A federal regulation automatically adopted according to this chapter takes
346     effect in this state on the date [it] the federal regulation becomes effective as a federal
347     regulation.
348          (b) The department shall publish all other proposed rules in publications prescribed by
349     the department.
350          (c) (i) A person who may be adversely affected by a rule may, within 30 days after a
351     federal regulation is automatically adopted, or within 30 days after publication of any other
352     rule, file with the department, in writing, objections and a request for a hearing.
353          (ii) The timely filing of substantial objections to a federal regulation automatically
354     adopted stays the effect of the rule.
355          (d) (i) If no substantial objections are received and no hearing is requested within 30
356     days after publication of a proposed rule, it shall take effect on a date set by the department.
357          (ii) The effective date shall be at least 60 days after the time for filing objections has
358     expired.
359          (e) (i) If timely substantial objections are made to a federal regulation within 30 days
360     after [it] the federal regulation is automatically adopted or to a proposed rule within 30 days
361     after [it] the proposed rule is published, the department, after notice, shall conduct a public
362     hearing to receive evidence on the issues raised by the objections.
363          (ii) [Any] An interested person or the person's representative may be heard.
364          (f) (i) The department shall act upon objections by order and shall mail the order to
365     objectors by certified mail as soon after the hearing as practicable.
366          (ii) The order shall be based on substantial evidence in the record of the hearing.
367          (g) (i) If the order concerns a proposed rule, [it] the department may withdraw [it] the
368     proposed rule or set an effective date for the rule as published or as modified by the order.
369          (ii) The effective date shall be at least 60 days after publication of the order.
370          [(9)] (11) Whenever a regulation is [promulgated] made under authority of the Federal
371     Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., establishing standards for food, the
372     tolerances established by the department under this chapter shall immediately conform to the
373     standards established by the Federal Food and Drug Administration as herein provided and
374     shall remain the same until the department determines that for reasons peculiar to Utah a
375     different rule should apply.
376          Section 6. Section 4-13-102 is amended to read:
377          4-13-102. Definitions.
378          As used in this chapter:
379          (1) "Adulterated fertilizer" means [any commercial] a fertilizer or soil amendment that:
380          (a) contains [an ingredient that renders] a deleterious or harmful substance in sufficient
381     amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil, or
382     water when applied in accordance with the directions for use on the label[, or];
383          (b) has a composition that falls below or differs from that which the composition is
384     purported to possess by the composition's labeling;
385          (c) contains unwanted crop or weed seed[, or is inadequately labeled to protect plant
386     life.]; or
387          (d) exceeds levels of metals permitted by the United States Environmental Protection
388     Agency.
389          (2) "Beneficial substances or compounds" means a substance or compound other than
390     primary, secondary, and micro plant nutrients that can be demonstrated by scientific research to
391     be beneficial to one or more species of plants when applied exogenously.
392          (3) "Biostimulant" means a product containing naturally-occurring substances and
393     microbes that are used to stimulate plant growth, enhance resistance to plant pests, and reduce
394     abiotic stress.
395          (4) "Blender" means a person engaged in the business of blending or mixing fertilizer,
396     soil amendments, or both.
397          [(2)] (5) "Brand" means [any] a term, design, or trade mark used in connection with
398     one or several grades of [commercial] fertilizer or soil amendment.
399          [(3) "Commercial fertilizer" means any substance that contains one or more recognized
400     plant nutrients that is used for its plant nutrient content and is designed for use or claimed to
401     have value in promoting plant growth, exclusive of unmanipulated animal and vegetable
402     manures, marl, lime, limestone, wood ashes, gypsum, and other products exempted by rule of
403     the department.]
404          (6) "Bulk fertilizer" means fertilizer delivered to the purchaser either in solid or liquid
405     state in a non-packaged form to which a label cannot be attached.
406          (7) "Custom blend" means a fertilizer blended according to specification provided to a
407     blender in a soil test nutrient recommendation or to meet the specific consumer request before
408     blending.
409          (8) "Deficiency" means the amount of nutrient found by analysis to be less than that
410     guaranteed.
411          (9) "Derivation" means the source from which the guaranteed nutrients are derived.
412          (10) "Distribute" means to import, consign, manufacture, produce, compound, mix,
413     blend, or to offer for sale, sell, barter, or supply fertilizer or soil amendments in the state.
414          [(4)] (11) "Distributor" means [any] a person who[:] distributes.
415          [(a) imports, consigns, manufactures, produces, compounds, mixes, or blends
416     commercial fertilizer;]
417          [(b) imports, consigns, manufactures, produces, compounds, sizes, or blends a soil
418     amendment; or]
419          [(c) offers for sale, sells, barters, or otherwise supplies commercial fertilizer or a soil
420     amendment in this state.]
421          (12) "Fertilizer" means a substance that contains one or more recognized plant
422     nutrients that is used for the substance's plant nutrient content and is designed for use or
423     claimed to have value in promoting plant growth, exclusive of unmanipulated animal and
424     vegetable manures, marl, lime, limestone, wood ashes, gypsum, and other products exempted
425     by rule.
426          [(5)] (13) "Fertilizer material" means a [commercial] fertilizer that contains [either]:
427          (a) quantities of no more than one of the primary plant nutrients [(nitrogen, phosphoric
428     acid and potash)], nitrogen (N), phosphate (P2O5), Potash (K2O);
429          (b) [approximately] 85% plant nutrients in the form of a single chemical compound; or
430          (c) plant or animal residues or by-products, or a natural material deposit that is
431     processed so that its primary plant nutrients have not been materially changed, except through
432     purification and concentration.
433          [(6)] (14) "Grade" means the percentage of total nitrogen, available [phosphorus or
434     phosphoric acid, and soluble potassium or] phosphate and soluble potash stated in whole
435     numbers in the same terms, order, and percentages as in the guaranteed analysis[; provided,] if
436     that specialty fertilizers may be guaranteed in fractional units of less than one percent of total
437     nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash and
438     that fertilizer materials such as bone meal, manures, and similar raw materials may be
439     guaranteed in fractional units.
440          [(7)] (15) (a) "Guaranteed analysis" means the minimum percentage by weight of plant
441     nutrients claimed in the following order and form:
442      Total [nitrogen] Nitrogen (N)
____ percent
443      Available [phosphoric acid (P0)] Phosphate
(P2O5)
____ percent
444      Soluble [potash (K0)] Potash (K2O)
____ percent
445          (b) For unacidulated mineral phosphatic [materials] material and basic slag, bone,
446     tankage, and other organic [phosphate materials, it means the total phosphoric acid] phosphate
447     or degree of fineness may also be guaranteed.
448          [(c) Potential basicity or acidity expressed in terms of calcium carbonate equivalent in
449     multiples of one hundred pounds per ton, when required by rule.]
450          [(d)] (c) (i) Guarantees for plant nutrients other than nitrogen, phosphorus, and
451     potassium may be permitted or required by rule of the department.
452          (ii) The guarantees for such other nutrients shall be expressed in the form of the
453     element.
454          (iii) The sources of such other nutrients, such as oxides, salt, chelates, may be required
455     to be stated on the application for registration and may be included as a parenthetical statement
456     on the label.
457          (iv) Other beneficial substances or compounds, determinable by laboratory methods,
458     also may be guaranteed by permission of the department.
459          (v) Any plant nutrients or other substances or compounds guaranteed are subject to
460     inspection and analysis in accord with the methods and rules prescribed by the department.
461          [(8)] (16) "Investigational allowance" means an allowance for variations inherent in the
462     taking, preparation, and analysis of an official sample of [commercial] fertilizer or soil
463     amendment.
464          [(9)] (17) "Label" means the display of [all] the written, printed, or graphic matter upon
465     the immediate container or statement accompanying a [commercial] fertilizer or soil
466     amendment.
467          [(10)] (18) "Labeling" means [all] the written, printed, or graphic matter upon or
468     accompanying [any commercial] fertilizer or soil amendment, or advertisements, brochures,
469     posters, television and radio announcements used in promoting the sale of [such commercial]
470     fertilizers or soil amendments.
471          (19) "Lot" means a definite quantity identified by a combination of numbers, letters,
472     characters, or amount represented by a weight certificate from which every part is uniform
473     within recognized tolerances from which the distributor can be determined.
474          (20) "Micro plant nutrient" means boron, chlorine, colbalt, copper, iron, manganese,
475     molybdenum, nickel, sodium, and zinc.
476          [(11)] (21) "Mixed fertilizer" means a [commercial] fertilizer containing any
477     combination or mixture of fertilizer materials.
478          (22) "Nonplant food ingredient" means a substance or compound other than the
479     primary, secondary, or micro nutrients.
480          [(12)] (23) "Official sample" means [any] a sample of [commercial] fertilizer or soil
481     amendment taken by the department and designated as "official."
482          (24) "Other ingredients" means the non-soil amending ingredients present in soil
483     amendments.
484          [(13)] (25) "Percent" or "percentage" means the percentage by weight.
485          (26) "Plant amendment" means a substance applied to plants or seeds that is intended
486     to improve growth, yield, product quality, reproduction, flavor, or other favorable
487     characteristics of plants except fertilizer, soil amendments, agricultural liming materials,
488     animal and vegetable manure, pesticides, or plant regulators.
489          (27) "Primary nutrient" includes total nitrogen, available phosphate, and soluble
490     potash.
491          [(14)] (28) "Registrant" means [any] a person who registers a [commercial] fertilizer or
492     a soil amendment under [the provisions of] this chapter.
493          [(15) (a) "Soil amendment" means any substance that is intended to improve the
494     physical characteristics of soil.]
495          [(b) "Soil amendment" does not include any commercial fertilizer, agriculture liming
496     materials, unmanipulated animal manure, unmanipulated vegetable manure, pesticides, or other
497     material exempt by rule of the department.]
498          (29) "Secondary nutrient" includes calcium, magnesium, and sulfur.
499          (30) "Slow release fertilizer" means a fertilizer in a form that releases, or converts to a
500     plant-available form, plant nutrients at a slower rate relative to an appropriate reference soluble
501     product.
502          (31) "Soil amending ingredient" means a substance that will improve the physical,
503     chemical, biochemical, biological, or other characteristics of the soil.
504          (32) "Soil amendment" means a substance or a mixture of substances that is intended
505     to improve the physical, chemical, biochemical, biological, or other characteristics of the soil,
506     except fertilizers, agricultural liming materials, unmanipulated animal manures, unmanipulated
507     vegetable manures, or pesticides.
508          [(16)] (33) "Specialty fertilizer" means [any commercial] fertilizer distributed primarily
509     for non-farm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal
510     parks, cemeteries, greenhouses, and nurseries.
511          [(17)] (34) "Ton" means a net weight of 2,000 pounds avoirdupois.
512          Section 7. Section 4-13-103 is amended to read:
513          4-13-103. Distribution of fertilizer or soil amendment -- Registration required --
514     Application -- Fees -- Expiration -- Renewal -- Exemptions specified -- Blenders and
515     mixers.
516          (1) (a) [Each] A brand and grade of [commercial] fertilizer or soil amendment shall be
517     registered in the name of the person whose name appears upon the label before being
518     distributed in this state.
519          (b) The application for registration shall be submitted to the department on a form
520     prescribed and furnished by [it] the department, and shall be accompanied by a fee determined
521     by the department pursuant to Subsection 4-2-103(2) for each brand and grade.
522          (c) Upon approval by the department, a copy of the registration shall be furnished to
523     the applicant.
524          (d) (i) [Each] A registration expires at midnight on December 31 of the year in which
525     issued.
526          (ii) [Each] A registration is renewable for a period of one year upon the payment of an
527     annual registration renewal fee in an amount equal to the current applicable original
528     registration fee.
529          (iii) [Each] A renewal fee shall be paid on or before December 31 of each year.
530          [(2) The application for registration shall include the following information:]
531          [(a) the net weight;]
532          [(b) the brand and grade;]
533          [(c) the guaranteed analysis;]
534          [(d) the name and address of the registrant; and]
535          [(e) any other information as the department may prescribe by rule.]
536          [(3)] (2) A distributor is not required to register [any commercial fertilizer which]
537     fertilizer that has been registered by another person under this chapter if the label does not
538     differ in any respect.
539          [(4)] (3) (a) A [distributor] blender is not required to register each grade of
540     [commercial] fertilizer or soil amendment formulated according to specifications provided by a
541     consumer before mixing, but is required to:
542          (i) [register] license the name under which the business of blending or mixing is
543     conducted;
544          (ii) pay an annual blenders license fee determined by the department pursuant to
545     Subsection 4-2-103(2); and
546          (iii) label the [mixed] fertilizer or soil amendment as provided in Section 4-13-104.
547          (b) (i) A blenders license [shall expire] expires at midnight on December 31 of the year
548     in which [it] the license is issued.
549          (ii) A blenders license is renewable for a period of one year upon the payment of an
550     annual license renewal fee in an amount equal to the current applicable original blenders
551     license fee.
552          (iii) [Each] A renewal fee shall be paid on or before December 31 of each year.
553          [(5)] (4) (a) A tonnage fee shall be assessed on fertilizer and soil amendment products
554     sold in the state.
555          (b) The fee shall be[: (i)] determined by the department pursuant to Subsection
556     4-2-103(2)[; and].
557          [(ii) paid by the manufacturer or distributor on a schedule specified by rule.]
558          (c) When more than one person is involved in the distribution of a fertilizer or soil
559     amendment, the final person who has the fertilizer or soil amendment registered and distributed
560     to a non-registrant or consumer is responsible for reporting the tonnage and paying the tonnage
561     fee, unless the report and payment is made by a prior distributor of the fertilizer or soil
562     amendment.
563          (d) The tonnage report shall be submitted on a form provided by the department on or
564     before December 31 annually covering shipments made during the preceding 12-month period
565     from November 1 to October 31.
566          [(c)] (e) Revenue generated by the fee shall be deposited [in] into the General Fund as
567     dedicated credits to be used by the department for education and research about and promotion
568     of proper fertilizer and soil amendment distribution, handling, and use.
569          Section 8. Section 4-13-104 is amended to read:
570          4-13-104. Labeling requirements for fertilizer and soil amendments specified.
571          (1) A container of fertilizer distributed in this state shall bear a label in clearly legible
572     and conspicuous form setting forth the:
573          (a) brand name and grade;
574          (b) guaranteed analysis, except that:
575          (i) sources of nutrients, when shown on the label, shall be listed below the completed
576     guaranteed analysis in order of predominance;
577          (ii) guarantees of zeros may not be made and may not appear in statement except in
578     nutrient guarantee breakdowns; and
579          (iii) if chemical forms of nitrogen are claimed or required, the form shall be shown, but
580     no implied order of the forms of nitrogen is intended;
581          (c) derivation statement of guaranteed nutrients, nonplant food ingredients, and
582     beneficial substances or compounds if present;
583          (d) directions for use when applicable;
584          (e) caution or warning statement when applicable;
585          (f) name and address of the registrant or the manufacturer, if different from the
586     registrant;
587          (g) net weight or volume; and
588          (h) lot number.
589          [(1)] (2) [Each] A container of specialty [commercial] fertilizer distributed in this state
590     shall bear a label in clear, legible, and conspicuous form setting forth[:] the information
591     specified in Subsections (1)(a) through (h).
592          [(a) its net weight;]
593          [(b) brand and grade;]
594          [(c) guaranteed analysis;]
595          [(d) the name and address of the registrant; and]
596          [(e) the lot number.]
597          [(2) (a) Each bulk shipment of commercial fertilizer distributed in this state shall be
598     accompanied by a printed or written statement setting forth the information specified in
599     Subsections (1)(a) through (e).]
600          [(b) The statement shall be delivered to the purchaser at the time the bulk fertilizer is
601     delivered.]
602          [(3) Each sale of packaged mixed fertilizer shall be labeled, or labeling furnished the
603     consumer, to show its net weight, guaranteed analysis, lot number, and the name and address of
604     the distributor.]
605          [(4) (a) Each container of soil amendment shall conform to the requirements of
606     Subsection (1), and if distributed in bulk, with Subsection (2).]
607          [(b) The name or chemical designation and content of the soil amending ingredient or
608     any other information prescribed by rule of the department shall appear whether distributed in a
609     container or in bulk.]
610          (3) A shipment of custom blend fertilizer shall be accompanied by a printed or written
611     statement setting forth the:
612          (a) information specified in Subsections (1)(a) through (c);
613          (b) name and address of the licensed blender;
614          (c) net weight or volume; and
615          (d) lot number.
616          (4) A shipment of fertilizer material shall be accompanied by a printed or written
617     statement setting forth the:
618          (a) information specified in Subsections (1)(a) through (c);
619          (b) name and address of the registrant if different from the supplier or shipper;
620          (c) net weight or volume; and
621          (d) lot number.
622          (5) The grade is not required on a fertilizer label when no primary nutrients are claimed
623     or are less than one percent.
624          (6) Additional nutrient guarantees may not be an extension of the grade statement and
625     shall be a separate line or include terms such as "plus," "with," or "including."
626          (7) A soil amendment distributed in the state shall bear a label in clearly legible and
627     conspicuous form setting forth the:
628          (a) brand name;
629          (b) guaranteed analysis, which includes:
630          (i) nonplant food ingredients separated out by soil amending ingredients and other total
631     ingredients, in that order, by percentages; and
632          (ii) nonsoil amending ingredients separating out beneficial substances and beneficial
633     compounds, in that order, by percentage or acceptable units;
634          (c) purpose of product;
635          (d) direction for application;
636          (e) caution or warning statement when applicable;
637          (f) name and address of registrant; and
638          (g) net weight or volume.
639          (8) The department may require proof of claims made, usefulness, and value of the soil
640     amendments.
641          (9) For evidence of proof the department may rely on experimental data, evaluations,
642     or advice supplied from such sources as the director of the Agricultural Experiment Station.
643     The experimental design shall be related to state conditions for which the product is intended.
644          (10) Information or a statement may not appear on a package, label, delivery slip, or
645     advertising matter that is false or misleading to the purchaser as to the use, value, quality,
646     analysis, type, or composition of the soil amendment.
647          (11) A fertilizer is misbranded if:
648          (a) the fertilizer's labeling is false or misleading in any particular;
649          (b) the fertilizer is distributed under the name of another fertilizer product;
650          (c) the fertilizer is not labeled as required; or
651          (d) the fertilizer purports to be or is represented as fertilizer, or is represented as
652     containing a plant nutrient fertilizer that does not conform with the definition of identity or any
653     commonly accepted definitions of official fertilizer terms.
654          Section 9. Section 4-13-105 is amended to read:
655          4-13-105. Enforcement -- Inspection and samples authorized -- Methods for
656     sampling and analysis prescribed -- Warrants.
657          (1) The department shall periodically sample, inspect, analyze, and test [commercial]
658     fertilizers and soil amendments distributed within this state to determine if they comply with
659     this chapter.
660          [(2) Methods of analysis and sampling shall be in accordance with those adopted by the
661     department from sources such as the Association of Official Analytical Chemists Journal.]
662          (2) (a) The methods of sampling and analysis shall be those adopted by the AOAC
663     International.
664          (b) In a case not covered by the methods adopted under Subsection (2)(a), or in a case
665     when a method is available in which improved applicability has been demonstrated, the
666     department may adopt appropriate methods from other sources.
667          (3) In determining whether a [commercial] fertilizer or soil amendment is deficient, the
668     department shall be guided solely by the official sample.
669          (4) (a) The department [is authorized to] may enter any public or private premises or
670     carriers during regular business hours [in order] to have access to [commercial] fertilizers or
671     soil amendments and records relating to the distribution of fertilizers and soil amendments
672     subject to this chapter.
673          (b) If admittance is refused, the department may proceed immediately to obtain an ex
674     parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises
675     for the purpose of making inspections and obtaining samples.
676          (5) The department shall distribute the results of an official sample.
677          (6) The department shall retain an official sample for a minimum of 90 days from the
678     issuance of a report.
679          Section 10. Section 4-13-106 is amended to read:
680          4-13-106. Distribution of fertilizers not complying with labeling requirements
681     prohibited -- Penalty assessed -- Court action to vacate or amend finding authorized.
682          (1) [No] A person [shall] may not distribute in this state a [commercial] fertilizer,
683     fertilizer material, soil amendment, or specialty fertilizer if the official sample thereof
684     establishes that the [commercial] fertilizer, fertilizer material, soil amendment, or specialty
685     fertilizer is deficient in the nutrients or ingredients guaranteed on the label by an amount
686     exceeding the values established by rule [or if the overall index value of the official sample is
687     below the level established by rule].
688          [(2) If an official sample, after analysis, demonstrates the guaranteed analysis is
689     deficient in one or more of its primary plant foods (NPK) beyond the investigational allowance
690     prescribed by rule, or if the over-all index value of the official sample is below the level
691     established by rule, a penalty of three times the commercial value of the deficiency or
692     deficiencies of the lot represented by the official sample may be assessed against the
693     registrant.]
694          [(3) All penalties assessed under this section shall be paid to the department within
695     three months after notice from the department.]
696          (2) The department shall evaluate and take administrative action the department
697     prescribes for a deficiency beyond the investigational allowances established by the
698     department.
699          [(4)] (3) [Any] A registrant aggrieved by the finding of an official sample deficiency
700     may file a complaint with a court of competent jurisdiction to vacate or amend the finding of
701     the department.
702          Section 11. Section 4-13-108 is amended to read:
703          4-13-108. Denial, suspension, or revocation authorized -- Grounds -- Stop sale,
704     use, or removal order authorized -- Court action -- Procedure -- Costs.
705          (1) The department may deny, revoke, or suspend the license for a blender or the
706     registration of [any] a brand of [commercial] fertilizer or soil amendment[, or refuse to register
707     any brand of commercial fertilizer or soil amendment] upon satisfactory evidence that the
708     licensee or registrant has used fraudulent or deceptive practices in licensure, registration, or
709     distribution in this state.
710          (2) (a) The department may issue a "stop sale, use, or removal order" to the owner or
711     person in possession of any designated lot of [commercial] fertilizer or soil amendment [which
712     it] that the department finds or has reason to believe is being offered or exposed for sale in
713     violation of this chapter.
714          (b) The order shall be in writing and [no commercial] fertilizer or soil amendment
715     subject to [it shall] the order may not be moved or offered or exposed for sale, except upon the
716     subsequent written release of the department.
717          (c) Before a release is issued, the department may require the owner or person in
718     possession of the "stopped" lot to pay the expense incurred by the department in connection
719     with the withdrawal of the product from the market.
720          (3) (a) The department [is authorized] may seek in a court of competent jurisdiction [to
721     seek] an order of seizure or condemnation of [any fertilizer which] any fertilizer that violates
722     this chapter or, upon proper grounds, to obtain a temporary restraining order or permanent
723     injunction, to prevent violation of this chapter.
724          (b) [No] A bond [shall] may not be required of the department in any injunctive
725     proceeding under this section.
726          (4) If condemnation is ordered, the fertilizer or soil amendment shall be disposed of as
727     the court directs[; provided, that in no event shall it], except that the court may not order
728     condemnation without giving the claimant of the fertilizer or soil amendment an opportunity to
729     apply to the court for permission to relabel, reprocess, or otherwise bring the product into
730     conformance, or to remove [it] the fertilizer or soil amendment from the state.
731          (5) If the court orders condemnation of the [commercial] fertilizer or soil amendment,
732     court costs, fees, storage, and other expenses shall be awarded against the claimant of the
733     fertilizer or soil amendment.
734          Section 12. Section 4-13-109 is amended to read:
735          4-13-109. Sales or exchanges of fertilizers or soil amendments between
736     manufacturers, importers, or manipulators permitted.
737          [Nothing in this] This chapter [shall] may not be construed to restrict or avoid sales or
738     exchanges of [commercial] fertilizers or soil amendments to each other by importers,
739     manufacturers, or manipulators who mix fertilizer or soil amendment materials for sale or as
740     preventing the free and unrestricted shipment of [commercial] fertilizer or soil amendments to
741     manufacturers or manipulators who have registered their brands as required by this chapter.
742          Section 13. Section 4-13-110 is enacted to read:
743          4-13-110. Department may make and enforce rules -- Cooperation with state and
744     federal agencies authorized.
745          (1) (a) The department may make rules in accordance with Title 63G, Chapter 3, Utah
746     Administrative Rulemaking Act, and enforce the rules to administer and enforce this chapter.
747          (b) The department shall by rule adopt the official terms, tables, definitions, and
748     statements adopted by the Association of American Plant Food Control officials and published
749     in the official publications of that organization.
750          (2) The department may enter into agreements with other agencies of the state, other
751     states, and agencies of the federal government to administer and enforce this chapter.
752          (3) The department may use the following terms in rule made in accordance with Title
753     63G, Chapter 3, Utah Administrative Rulemaking Act, to the extent that the department is
754     authorized to make rules by a provision other than this Subsection (3):
755          (a) biostimulant;
756          (b) bulk fertilizer;
757          (c) plant amendment;
758          (d) secondary nutrient; and
759          (e) slow release fertilizer.
760          Section 14. Section 4-23-106 is amended to read:
761          4-23-106. Department to issue licenses and permits -- Department to issue
762     aircraft use permits -- Aerial hunting.
763          (1) The department is responsible for the issuance of permits and licenses for the
764     purposes of the federal Fish and Wildlife Act of 1956.
765          (2) A private person may not use [any] an aircraft for the prevention of damage without
766     first obtaining a use permit from the department.
767          (3) The department may issue an annual permit for aerial hunting to a private person
768     for the protection of land, water, wildlife, livestock, domesticated animals, human life, or
769     crops, if the person shows that the person or the person's designated pilot, along with the
770     aircraft to be used in the aerial hunting, are licensed and qualified in accordance with the
771     requirements of the department set by rule.
772          (4) The department may predicate the issuance or retention of a permit for aerial
773     hunting upon the permittee's full and prompt disclosure of information as the department may
774     request for submission pursuant to rules made by the department.
775          (5) The department shall collect an annual fee, set in accordance with Section
776     63J-1-504, from a person who has an aircraft for which a permit is issued or renewed under this
777     section.
778          (6) Aerial hunting activity under a permit issued by the department is restricted to:
779          (a) (i) private lands that are owned or managed by the permittee;
780          (ii) state grazing allotments where the permittee is permitted by the state or the State
781     Institutional Trust Lands Administration to graze livestock; or
782          (iii) federal grazing allotments where the permittee is permitted by the United States
783     Bureau of Land Management or United States Forest Service to graze livestock; and
784          (b) only during the time period[: (i) for purposes of Subsection (6)(a)(ii) or (iii), that
785     under an active permit the permittee may graze or run livestock on the land; and (ii)] for which
786     the private land owner has provided written permission for the aerial hunting.
787          (7) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
788     Administrative Rulemaking Act, that are necessary to carry out the purpose of this section.
789          (8) The issuance of an aerial hunting permit or license under this section does not
790     authorize the holder to use aircraft to hunt, pursue, shoot, wound, kill, trap, capture, or collect
791     protected wildlife, as defined in Section 23-13-2, unless also authorized by the Division of
792     Wildlife Resources under Section 23-20-12.
793          Section 15. Section 4-24-304 is amended to read:
794          4-24-304. Brand inspection required before slaughter -- Exceptions.
795          (1) Except as provided in [Subsection] Subsections (2) and (3), a brand inspection is
796     required before any cattle, calves, horses, domesticated elk, or mules are slaughtered.
797          (2) (a) A person may slaughter cattle, calves, horses, or mules for that person's own use
798     without a brand inspection if the requirements of Section 4-32-106 are met.
799          (b) The department may authorize a custom exempt slaughter facility or a farm custom
800     slaughter licensee to verify ownership of cattle, calves, horses, or mules before slaughter for the
801     owner's use.
802          (c) A custom exempt slaughter facility or farm custom slaughter licensee authorized by
803     the department, shall verify ownership of cattle, calves, horses, or mules before slaughter for
804     the owner's use.
805          (d) If the department has reason to believe that a licensee or registrant is or has engaged
806     in conduct that violates this chapter, the department shall issue a notice of agency action
807     pursuant to Section 4-1-106.
808          (3) The department may authorize a state or department employee to verify ownership
809     of cattle or calves at a licensed meat establishment before slaughter, if there is no change in
810     ownership of the cattle or calves.
811          Section 16. Section 4-24-308 is amended to read:
812          4-24-308. Brand inspection fees.
813          (1) The department with the approval of the Livestock Brand Board may set and collect
814     a fee for the:
815          (a) issuance of any certificate of brand inspection[.];
816          (b) verification of ownership at a custom exempt slaughter facility before slaughter for
817     the owner's use;
818          (c) verification of ownership by a farm custom slaughter licensee before slaughter for
819     the owner's use; or
820          (d) verification of ownership by a state or department employee at a meat
821     establishment where there is no transfer of ownership.
822          (2) Brand inspection fees incurred for the inspection of such animals at a livestock
823     market may be withheld by the market and paid from the proceeds derived from their sale.
824          (3) The fee shall be determined by the department pursuant to Subsection 4-2-103(2).
825          Section 17. Section 17D-3-102 is amended to read:
826          17D-3-102. Definitions.
827          As used in this chapter:
828          (1) "Commission" means the Conservation Commission, created in Section 4-18-104.
829          (2) "Commissioner" means the commissioner of the department.
830          [(2)] (3) "Conservation district" means a limited purpose local government entity, as
831     described in Section 17D-3-103, that operates under, is subject to, and has the powers set forth
832     in this chapter.
833          [(3)] (4) "Department" means the Department of Agriculture and Food, created in
834     Section 4-2-102.
835          Section 18. Section 17D-3-103 is amended to read:
836          17D-3-103. Conservation district status, authority, and duties.
837          (1) A conservation district created under this chapter:
838          (a) is a body corporate and politic;
839          (b) is a political subdivision of the state; and
840          (c) may sue and be sued.
841          (2) (a) A conservation district may:
842          (i) survey, investigate, and research soil erosion, floodwater, nonpoint source water
843     pollution, flood control, water pollution, sediment damage, and watershed development;
844          (ii) subject to Subsection (2)(b), devise and implement on state or private land a
845     measure to prevent soil erosion, floodwater or sediment damage, nonpoint source water
846     pollution, or other degradation of a watershed or of property affecting a watershed;
847          (iii) subject to Subsection (2)(b), devise and implement a measure to conserve,
848     develop, utilize, or dispose of water on state or private land;
849          (iv) construct, improve, operate, and maintain a structure that the board of supervisors
850     considers necessary or convenient for the conservation district to carry out its purposes under
851     this chapter;
852          (v) acquire property, real or personal, by purchase or otherwise, and maintain, improve,
853     and administer that property consistent with the purposes of this chapter;
854          (vi) enter into a contract in the name of the conservation district;
855          (vii) receive money from:
856          (A) a federal or state agency;
857          (B) a county, municipality, or other political subdivision of the state; or
858          (C) a private source;
859          (viii) subject to Subsection (2)(c), make recommendations governing land use within
860     the conservation district, including:
861          (A) the observance of particular methods of cultivation;
862          (B) the use of specific crop programs and tillage practices;
863          (C) the avoidance of tilling and cultivating highly erosive areas where erosion may not
864     be adequately controlled if cultivated;
865          (D) the construction of terraces, terrace outlets, check dams, dikes, ponds, or other
866     structures; and
867          (E) the development or restoration, or both, of range or forest lands or other natural
868     resources, whether in private, state, or federal ownership;
869          (ix) plan watershed and flood control projects in cooperation with local, state, and
870     federal authorities, and coordinate flood control projects in the state;
871          (x) make recommendations for county and municipal land use authorities within the
872     conservation district to consider with respect to land use applications and other development
873     proposals;
874          (xi) employ clerical and other staff personnel, including legal staff, subject to available
875     [funds] money; and
876          (xii) perform any other act that the board of supervisors considers necessary or
877     convenient for the efficient and effective administration of the conservation district.
878          (b) A conservation district's authority under Subsections (2)(a)(ii) and (iii) is subject to
879     the consent of:
880          (i) the land occupier or owner; and
881          (ii) in the case of school and institutional trust lands, as defined in Section 53C-1-103,
882     the director of the School and Institutional Trust Lands Administration, in accordance with
883     Sections 53C-1-102 and 53C-1-303.
884          (c) (i) [Each] A recommendation under Subsection (2)(a)(viii) shall be uniform
885     throughout the conservation district or, if the board of supervisors classifies land under
886     Subsection (2)(c)(ii), throughout each land classification.
887          (ii) The board of supervisors may uniformly classify land within the conservation
888     district with respect to soil type, degree of slope, degree of threatened or existing erosion,
889     cropping and tillage practices in use, or other relevant factors.
890          (3) (a) [Each] A conservation district shall annually submit to the commission, no later
891     than the date that the commission prescribes:
892          (i) a copy of the minutes of each conservation district meeting;
893          (ii) a copy of the conservation district's annual work plan; and
894          (iii) an accounting of the conservation district's financial affairs, as provided in
895     Subsection (3)(b).
896          (b) The accounting required under Subsection (3)(a)(iii) shall:
897          (i) be prepared by a disinterested person; and
898          (ii) show the conservation district's debits and credits, including accounts payable and
899     accounts receivable, the purpose of each debit, the source of each credit, and the actual cash
900     balance on hand.
901          (4) (a) [Each] A conservation district shall register and maintain the conservation
902     district's registration as a limited purpose entity, in accordance with Section 67-1a-15.
903          (b) A conservation district that fails to comply with Subsection (4)(a) or Section
904     67-1a-15 is subject to enforcement by the state auditor, in accordance with Section 67-3-1.
905          Section 19. Section 17D-3-203 is amended to read:
906          17D-3-203. Considerations in determining whether to approve conservation
907     district creation, consolidation, division, or dissolution -- Denial or approval -- Notice and
908     plat to lieutenant governor -- Recording requirements -- Prohibition against considering
909     similar creation, consolidation, division, or dissolution if previously denied.
910          (1) In determining whether to approve the creation of a conservation district, the
911     consolidation of existing conservation districts, or the division or dissolution of an existing
912     conservation district, the commission shall consider:
913          (a) the demonstrated necessity and administrative practicality of the creation,
914     consolidation, division, or dissolution;
915          (b) the topography of and soil compositions and prevailing land use practices within
916     the area of the proposed or existing conservation district or districts;
917          (c) the hydrologic unit code of the watershed in which the area of the proposed or
918     existing conservation district or districts is located;
919          (d) the relationship of the area of the proposed or existing conservation district or
920     districts to existing watersheds and agricultural regions; and
921          (e) the sentiment expressed by persons within the area of the proposed or existing
922     conservation district or districts with respect to the proposed creation, consolidation, division,
923     or dissolution.
924          (2) After holding a public hearing as required under Subsection 17D-3-201(2)(b) and
925     considering the factors listed in Subsection (1), the commission shall:
926          (a) (i) disapprove the creation of a conservation district, the consolidation of existing
927     conservation districts, or the division or dissolution of an existing conservation district, [as the
928     case may be,] if the commission determines that creation, consolidation, division, or
929     dissolution is not necessary or administratively practical; or
930          (ii) approve the creation of a conservation district, the consolidation of existing
931     conservation districts, or the division or dissolution of an existing conservation district, [as the
932     case may be,] if the commission determines that creation, consolidation, division, or
933     dissolution is necessary and administratively practical; and
934          (b) set forth in writing the reasons for the commission's action.
935          (3) (a) If the commission approves the creation, consolidation, division, or dissolution,
936     the commission shall:
937          (i) deliver to the lieutenant governor:
938          (A) a copy of a notice of an impending boundary action, as defined in Section
939     67-1a-6.5, that meets the requirements of Subsection 67-1a-6.5(3); and
940          (B) except in the case of a dissolution, a copy of an approved final local entity plat, as
941     defined in Section 67-1a-6.5; and
942          (ii) upon the lieutenant governor's issuance of a certificate of boundary action under
943     Section 67-1a-6.5:
944          (A) if the conservation district is or, in the case of dissolution, was located within the
945     boundary of a single county, submit to the recorder of that county:
946          (I) the original:
947          (Aa) notice of an impending boundary action;
948          (Bb) certificate of boundary action; and
949          (Cc) except in the case of dissolution, approved final local entity plat; and
950          (II) a certified copy of the document that the commission adopted approving the
951     boundary action; or
952          (B) if the conservation district is or, in the case of a dissolution, was located within the
953     boundaries of more than a single county:
954          (I) submit to the recorder of one of those counties:
955          (Aa) the original of the documents listed in Subsections (3)(a)(ii)(A)(I)(Aa), (Bb), and
956     (Cc); and
957          (Bb) a certified copy of the document that the commission adopted approving the
958     boundary action; and
959          (II) submit to the recorder of each other county:
960          (Aa) a certified copy of the documents listed in Subsections (3)(a)(ii)(A)(I)(Aa), (Bb),
961     and (Cc); and
962          (Bb) a certified copy of the document that the commission adopted approving the
963     boundary action.
964          (b) Upon the lieutenant governor's issuance of the certificate of creation, consolidation,
965     division, or dissolution under Section 67-1a-6.5, [as the case may be,] the conservation district
966     is created and incorporated, consolidated, divided, or dissolved, respectively.
967          (4) If the commission disapproves a creation, consolidation, division, or dissolution
968     under Subsection (2)(a)(i), the commission may not, for six months following the denial,
969     consider a similar proposal to create, divide, or dissolve the conservation district or to
970     consolidate the conservation districts, as the case may be.
971          Section 20. Section 17D-3-301 is amended to read:
972          17D-3-301. Board of supervisors -- Number -- Term -- Chair and officers --
973     Quorum -- Compensation.
974          (1) [Each] A board of supervisors shall govern a conservation district [shall be
975     governed by a board of supervisors].
976          (2) [(a)] The board of supervisors of a conservation district consists of five members
977     [elected] appointed as provided in this part, at least three of whom shall be private agricultural
978     land operators.
979          [(b) If the board of supervisors divides the conservation district into watershed voting
980     areas under Section 17D-3-308, at least one member of the board of supervisors shall reside
981     within each watershed voting area.]
982          (3) (a) [The] Subject to Subsection (3)(c), the term of office of [each] a member of a
983     board of supervisors is four years.
984          (b) Notwithstanding Subsection (3)(a), if multiple conservation districts are
985     consolidated or a single conservation district divided or dissolved under Part 2, Creation,
986     Consolidation, Division, and Dissolution of Conservation Districts:
987          (i) the term of each member of the board of supervisors of the consolidated
988     conservation districts or the divided or dissolved conservation district terminates immediately
989     upon consolidation, division, or dissolution; and
990          (ii) (A) the [commission shall hold an election] commissioner shall appoint a new
991     board of supervisors, as provided in this part, [for all board of supervisors members of] for the
992     consolidated conservation district or divided conservation districts, as the case may be; and
993          (B) subject to Subsection (3)(c), the term of [the two candidates receiving the highest
994     number of votes at an election under Subsection (3)(b)(ii)(A) shall be four years, and the term
995     of the three candidates receiving the next highest number of votes shall be two years] office of
996     a member of the board of supervisors appointed is four years.
997          (c) Notwithstanding the other provisions of this Subsection (3), the commissioner may,
998     at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
999     of board members are staggered so that approximately half of the board is appointed every two
1000     years.
1001          (4) The board of supervisors shall elect a chair from among their number for a term of
1002     one year, and may elect other officers from among their number that the board considers
1003     necessary.
1004          (5) A majority of the board of supervisors constitutes a quorum for the transaction of
1005     board business, and action by a majority of a quorum present at a meeting of the board
1006     constitutes action of the board.
1007          (6) For performing official duties, [each] a member of the board of supervisors of a
1008     conservation district shall receive:
1009          (a) per diem and travel expenses in accordance with Section 11-55-103; and
1010          (b) actual and necessary expenses as determined by the department.
1011          Section 21. Section 17D-3-302 is amended to read:
1012          17D-3-302. Board of supervisors members to be appointed -- Candidates
1013     nominated by nominating committee -- Candidate qualifications -- Nomination
1014     committee.
1015          (1) As provided in this part, [each] the commissioner shall appoint a member of a
1016     board of supervisors of a conservation district [shall be elected at large within the conservation
1017     district] from candidates nominated by[:(a) ] a nominating committee consisting of:
1018          [(i)] (a) the chair of the commission or council of the county in which the conservation
1019     district is located;
1020          [(ii)] (b) the chair of the USDA Farm Service Agency Committee of the county in
1021     which the conservation district is located;
1022          [(iii) (A)] (c) (i) the chair of the board of supervisors of the conservation district; or
1023          [(B)] (ii) the chair's designee, if the chair wishes to be a candidate for [reelection;]
1024     reappointment; and
1025          [(iv)] (d) the agricultural extension service designated representative of the county in
1026     which the conservation district is located[; or].
1027          [(b) petition under Section 17D-3-304.]
1028          (2) The commissioner may remove an individual from the nominating committee upon
1029     the request of the group the individual represents.
1030          [(2)] (3) [Each candidate for election] A candidate for appointment to the board of
1031     supervisors of a conservation district shall be:
1032          (a) at least 18 years of age; and
1033          (b) a resident within the conservation district.
1034          Section 22. Section 17D-3-303 is amended to read:
1035          17D-3-303. Nominating committee nomination of candidates for appointment to
1036     the board of supervisors.
1037          The nominating committee under Subsection 17D-3-302(1)[(a)] shall:
1038          (1) nominate for [each] a conservation district [election] a slate of candidates for
1039     [election] appointment to the board of supervisors of the conservation district equal or greater
1040     in number to [at least one more than] the number of board of supervisors members to be
1041     [elected] appointed; and
1042          (2) submit the names of candidates to the [commission] commissioner no later than the
1043     date set by the commission as the close of nominations.
1044          Section 23. Section 17D-3-304 is amended to read:
1045          17D-3-304. Petition to nominate candidates for appointment to the board of
1046     supervisors.
1047          (1) [A] In addition to the procedure in Section 17D-3-302, a person may be nominated
1048     to be a candidate for [election] appointment as a member of a board of supervisors of a
1049     conservation district by a petition filed with the [commission] department no later than the date
1050     set by the commission as the close of nominations.
1051          (2) [Each] A petition under Subsection (1) shall[:(a) ] state:
1052          [(i)] (a) the candidate's name;
1053          [(ii)] (b) that the candidate is at least 18 years of age; [and]
1054          [(iii)] (c) that the candidate for appointment is a resident of the conservation district for
1055     which the [election] nomination for candidacy is to be held; and
1056          [(b)] (d) contain the [signatures of at least six persons who reside and are registered
1057     voters within the conservation district; and (c) list the name, address, and voting precinct
1058     number of each person who signs the petition.] notarized signature of the candidate.
1059          (3) The department shall forward a petition received under this section to the
1060     nominating committee for consideration under Sections 17D-3-302 and 17D-3-303.
1061          Section 24. Section 17D-3-305 is amended to read:
1062          17D-3-305. Setting the date of nomination of the board of supervisors -- Notice
1063     requirements.
1064          (1) The commission shall set the date of the [election] nomination of members of the
1065     board of supervisors of a conservation district.
1066          (2) The commission shall publish notice of the [election] nomination day described in
1067     Subsection (1):
1068          (a) (i) in a newspaper of general circulation within the conservation district at least
1069     once, no later than four weeks before the day of the [election] nomination; or
1070          (ii) if there is no newspaper of general circulation in the conservation district, at least
1071     four weeks before the [day of the election] nomination day, by posting one notice, and at least
1072     one additional notice per 2,000 population of the conservation district, in places within the
1073     conservation district that are most likely to give notice to the [voters] residents in the
1074     conservation district; [or]
1075          [(iii) at least four weeks before the day of the election, by mailing notice to each
1076     registered voter in the conservation district;]
1077          (b) on the Utah Public Notice Website created in Section 63F-1-701, for four weeks
1078     before the day of the [election] nomination;
1079          (c) in accordance with Section 45-1-101, for four weeks before the day of the [election]
1080     nomination; and
1081          (d) if the conservation district has a website, on the conservation district's website for
1082     four weeks before the day of the [election] nomination.
1083          (3) The [date set for an election under Subsection (1) may not be] commissioner shall
1084     appoint the board of members by no later than six weeks after the date set by the commission
1085     for the close of nominations.
1086          (4) The notice required under Subsection (2) shall[: (a) ] state:
1087          [(i)] (a) the nomination date [of the election]; and
1088          [(ii) the names of all candidates; and]
1089          [(iii) that a ballot request form for the election may be obtained from the commission
1090     office or from any other place that the commission designates; and]
1091          [(b) specify the address of the commission office or other place where a ballot request
1092     form may be obtained.]
1093          (b) the number of open board member positions for the conservation district.
1094          Section 25. Section 17D-3-310 is amended to read:
1095          17D-3-310. Vacancies in the board of supervisors.
1096          If a vacancy occurs in the office of board of supervisors member, the remaining
1097     members of the board of supervisors shall [appoint a person] nominate an individual to the
1098     commissioner to appoint to fill the vacancy, to serve the remainder of the unexpired term of the
1099     member creating the vacancy.
1100          Section 26. Section 17D-3-311 is amended to read:
1101          17D-3-311. Training for board members.
1102          (1) A member of a board of supervisors shall, within one year after [taking office]
1103     appointment, complete the training described in Subsection (2).
1104          (2) The state auditor shall, with the assistance of the commission and an association
1105     that represents conservation districts, develop a training curriculum for a member of the board
1106     of supervisors and conduct the training.
1107          Section 27. Section 26-15-1 is amended to read:
1108          26-15-1. Definitions.
1109          As used in this chapter:
1110          (1) (a) "Food handler" means any person working part-time or full-time in a food
1111     service establishment who:
1112          (i) moves food or food containers, prepares, stores, or serves food;
1113          (ii) comes in contact with any food, utensil, tableware or equipment; or
1114          (iii) washes the same. [The term also]
1115          (b) "Food handler" includes:
1116          (i) owners, supervisors, and management persons, and any other person working in a
1117     food-service establishment[. The term also includes any]; or
1118          (ii) an operator or person:
1119          (A) employed by one who handles food dispensed through vending machines; [or]
1120          (B) who comes into contact with food contact surfaces or containers, equipment,
1121     utensils, or packaging materials used in connection with vending machine operations; or
1122          (C) who otherwise services or maintains one or more vending machines.
1123          [(b)] (c) "Food handler" does not include a producer of food products selling food at a
1124     farmers market as defined in [Subsection] Section 4-5-102[(5)].
1125          (2) "Pest" means a noxious, destructive, or troublesome organism whether plant or
1126     animal, when found in and around places of human occupancy, habitation, or use which
1127     threatens the public health or well being of the people within the state.
1128          (3) "Vector" means any organism, such as insects or rodents, that transmits a pathogen
1129     that can affect public health.
1130          Section 28. Section 59-10-1304 is amended to read:
1131          59-10-1304. Removal of designation and prohibitions on collection for certain
1132     contributions on income tax return -- Conditions for removal and prohibitions on
1133     collection -- Commission publication requirements.
1134          (1) (a) If a contribution or combination of contributions described in Subsection (1)(b)
1135     generate less than $30,000 per year for three consecutive years, the commission shall remove
1136     the designation for the contribution from the individual income tax return and may not collect
1137     the contribution from a resident or nonresident individual beginning two taxable years after the
1138     three-year period for which the contribution generates less than $30,000 per year.
1139          (b) The following contributions apply to Subsection (1)(a):
1140          (i) the contribution provided for in Section 59-10-1306;
1141          (ii) the sum of the contributions provided for in Subsection 59-10-1307(1);
1142          (iii) the contribution provided for in Section 59-10-1308;
1143          [(iv) the contribution provided for in Section 59-10-1310;]
1144          [(v)] (iv) the contribution provided for in Section 59-10-1315;
1145          [(vi)] (v) the contribution provided for in Section 59-10-1318;
1146          [(vii)] (vi) the contribution provided for in Section 59-10-1319; or
1147          [(viii)] (vii) the contribution provided for in Section 59-10-1320.
1148          (2) If the commission removes the designation for a contribution under Subsection (1),
1149     the commission shall report to the Revenue and Taxation Interim Committee by electronic
1150     means that the commission removed the designation on or before the November interim
1151     meeting of the year in which the commission determines to remove the designation.
1152          (3) (a) Within a 30-day period after making the report required by Subsection (2), the
1153     commission shall publish a list in accordance with Subsection (3)(b) stating each contribution
1154     that the commission will remove from the individual income tax return.
1155          (b) The list shall:
1156          (i) be published on:
1157          (A) the commission's website; and
1158          (B) the public legal notice website in accordance with Section 45-1-101;
1159          (ii) include a statement that the commission:
1160          (A) is required to remove the contribution from the individual income tax return; and
1161          (B) may not collect the contribution;
1162          (iii) state the taxable year for which the removal described in Subsection (3)(a) takes
1163     effect; and
1164          (iv) remain available for viewing and searching until the commission publishes a new
1165     list in accordance with this Subsection (3).
1166          Section 29. Repealer.
1167          This bill repeals:
1168          Section 4-13-107, Department to publish commercial values applied to components
1169     of commercial fertilizer.
1170          Section 4-40-101, Title.
1171          Section 4-40-102, Cat and Dog Community Spay and Neuter Program Restricted
1172     Account -- Interest -- Use of contributions and interest.
1173          Section 17D-3-306, Eligibility to vote in an election for board of supervisors
1174     members.
1175          Section 17D-3-307, Supervisor's election mailing list.
1176          Section 17D-3-308, Watershed voting areas.
1177          Section 17D-3-309, Election of board of supervisors members -- Ballots --
1178     Commission duties regarding elections -- Election expenses.
1179          Section 59-10-1310, Contribution to Cat and Dog Community Spay and Neuter
1180     Program Restricted Account.