7 LONG TITLE
8 General Description:
9 This bill addresses the regulation of agriculture.
10 Highlighted Provisions:
11 This bill:
12 ▸ addresses the regulation of bedding, upholstered furniture, quilted clothing, or
13 filling material;
14 ▸ addresses the Utah Dairy Commission;
15 ▸ removes regulation of marks apart from brands;
16 ▸ modifies regulation of brands;
17 ▸ updates language related to websites promoting the sale of livestock;
18 ▸ modifies language related to travel permits;
19 ▸ modifies provisions related to contagious or infectious disease, epidemic, or
21 ▸ modifies provisions related to aquaculture or fee fishing facilities, including
22 addressing inspections and stocking; and
23 ▸ makes technical changes.
24 Money Appropriated in this Bill:
26 Other Special Clauses:
28 Utah Code Sections Affected:
30 4-10-102, as renumbered and amended by Laws of Utah 2017, Chapter 345
31 4-10-104, as last amended by Laws of Utah 2020, Chapter 316
32 4-10-106, as last amended by Laws of Utah 2020, Chapters 316 and 354
33 4-10-107, as renumbered and amended by Laws of Utah 2017, Chapter 345
34 4-10-112, as renumbered and amended by Laws of Utah 2017, Chapter 345
35 4-22-103, as last amended by Laws of Utah 2020, Chapter 6
36 4-24-102, as last amended by Laws of Utah 2018, Chapter 355
37 4-24-201, as renumbered and amended by Laws of Utah 2017, Chapter 345
38 4-24-202, as renumbered and amended by Laws of Utah 2017, Chapter 345
39 4-24-203, as renumbered and amended by Laws of Utah 2017, Chapter 345
40 4-24-204, as renumbered and amended by Laws of Utah 2017, Chapter 345
41 4-24-205, as renumbered and amended by Laws of Utah 2017, Chapter 345
42 4-24-303, as last amended by Laws of Utah 2018, Chapter 355
43 4-24-305, as renumbered and amended by Laws of Utah 2017, Chapter 345
44 4-24-306, as renumbered and amended by Laws of Utah 2017, Chapter 345
45 4-24-401, as renumbered and amended by Laws of Utah 2017, Chapter 345
46 4-24-402, as renumbered and amended by Laws of Utah 2017, Chapter 345
47 4-24-403, as renumbered and amended by Laws of Utah 2017, Chapter 345
48 4-24-405, as renumbered and amended by Laws of Utah 2017, Chapter 345
49 4-24-502, as last amended by Laws of Utah 2018, Chapter 355
50 4-24-504, as renumbered and amended by Laws of Utah 2017, Chapter 345
51 4-31-115, as last amended by Laws of Utah 2017, Chapter 345
52 4-37-104, as last amended by Laws of Utah 2017, Chapter 412
53 4-37-204, as last amended by Laws of Utah 2017, Chapter 412
54 4-37-502, as last amended by Laws of Utah 2010, Chapter 378
55 4-37-503, as last amended by Laws of Utah 2010, Chapters 286 and 378
56 4-39-108, as last amended by Laws of Utah 2017, Chapter 345
58 4-10-114, Utah Code Annotated 1953
60 Be it enacted by the Legislature of the state of Utah:
61 Section 1. Section 4-10-102 is amended to read:
62 4-10-102. Definitions.
63 As used in this chapter:
64 (1) "Article" means [
66 (2) "Bedding" means a:
67 (a) quilted, packing, mattress, or hammock pad; or
68 (b) mattress, boxspring, comforter, quilt, sleeping bag, studio couch, pillow, or cushion
69 made with a filling material that can be used for sleeping or reclining.
70 (3) "Consumer" means a person who purchases, rents, or leases an article for the
71 article's intended, everyday use.
72 (4) "Filling material" means cotton, wool, kapok, feathers, down, shoddy, hair, or other
73 material, or a combination of materials, whether loose or in bags, bales, batting, pads, or other
74 prefabricated form that is, or can be, used in bedding, upholstered furniture, or quilted clothing.
75 (5) "Label" means the display of written, printed, or graphic matter upon a tag or upon
76 the immediate container of a bedding, upholstered furniture, quilted clothing, or filling
78 (6) (a) "Manufacture" means to make, process, or prepare from new or secondhand
79 material, in whole or in part, a bedding, upholstered furniture, quilted clothing, or filling
80 material for sale.
81 (b) "Manufacture" does not include making, processing, or preparing an article
82 described in Subsection (6)(a) if:
83 (i) a person sells three or fewer of the articles per year; and
84 (ii) the articles are sold by persons who are not primarily engaged in the making,
85 processing, or preparation of the articles.
86 (7) (a) "New material" means material that has not previously been used in the
87 manufacture of another article used for any purpose.
88 (b) "New material" includes:
89 (i) by-products from a textile mill using only new raw material synthesized from a
90 product that has been melted, liquified, and re-extruded[
91 (ii) down and feather that has been sterilized in accordance with the department's rules
92 made under Sections 4-10-103 and 4-10-113.
93 (8) "Owner's own material" means an article owned or in the possession of a person for
94 the person's own or a tenant's use that is sent to another person for manufacture or repair.
95 (9) "Quilted clothing" means a filled garment or apparel, exclusive of trim used for
96 aesthetic effect, or a stiffener, shoulder pad, interfacing, or other material that is made in whole
97 or in part from filling material and sold or offered for sale.
98 (10) "Reclaimed" or "reclaimed material" means material that would have otherwise
99 been disposed of as waste or used for energy recovery, but instead is collected and used as a
100 material input, in lieu of new primary material, as defined by rule by the department in
101 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
102 (11) "Recycled" or "recycled material" means material that has been reprocessed from
103 reclaimed material by means of an accepted manufacturing process and made into a final
104 product or into a component for incorporation into a product as defined by rule by the
105 department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
107 furniture for a consideration.
109 clothing, or filling material to a consumer for use primarily for personal, family, household, or
110 business purposes.
112 consign, lease, or give away any bedding, upholstered furniture, quilted clothing, or filling
114 (b) "Sale" or "sell" does not include a judicial, executor's, administrator's, or guardian's
115 sale of an item described in Subsection [
117 filling material, that has previously been used.
119 required by Section 4-10-113.
121 displaying information required by this chapter or under rule made pursuant to it.
123 the store.
124 (b) "Used" does not include an article returned to the store:
125 (i) with [
126 (ii) in [
128 seats in motor vehicles, boats, or aircraft, that is made in whole or in part with filling material,
129 exclusive of trim used for aesthetic effect.
131 institution rather than a final consumer.
132 Section 2. Section 4-10-104 is amended to read:
133 4-10-104. Manufacture, repair, or wholesale sale of bedding, upholstered
134 furniture, quilted clothing, or filling material -- Permit required.
135 (1) It is unlawful for [
136 sale of [
137 permit issued by the department.
138 (2) Notwithstanding Subsection (1), a person may engage in the repair of quilted
139 clothing without a permit issued by the department if that person is not otherwise required to
140 obtain a permit issued by the department under this chapter or by department rule.
141 Section 3. Section 4-10-106 is amended to read:
142 4-10-106. Unlawful acts specified.
143 It is unlawful for [
144 (1) sell bedding, upholstered furniture, quilted clothing, or filling material as new
145 unless it is made from new material and properly tagged;
146 (2) sell bedding, upholstered furniture, quilted clothing or filling material made from
147 secondhand material [
148 (3) label or sell a used or secondhand article as if it were a new article;
149 (4) use burlap or other material [
150 use any unsanitary, filthy, or vermin or insect infested filling material in the manufacture or
151 repair of [
152 (5) sell bedding, upholstered furniture, quilted clothing or filling material [
153 is not properly tagged regardless of point of origin;
154 (6) use [
155 (7) use [
156 (8) sell new bedding, upholstered furniture, or quilted clothing with filling material
157 made of down, feather, wool, or hair that has not been properly sterilized; or
158 (9) engage in the manufacture, repair, sterilization, or wholesale sale of bedding,
159 upholstered furniture, quilted clothing, or filling material without a permit issued by the
160 department as required by this chapter, unless otherwise exempt under Section 4-10-104 with
161 respect to the repair of quilted clothing.
162 Section 4. Section 4-10-107 is amended to read:
163 4-10-107. Tagging requirements for bedding, upholstered furniture, and filling
165 (1) (a) [
166 upholstered furniture, and filling material [
168 (b) [
170 (i) information as the department requires by rule;
171 (ii) according to the filling material type, the words "All New Material," "Secondhand
172 Material," or "Owner's Material," stamped or printed on the label; and
173 (iii) the word "USED" stamped or printed on the label of a used mattress.
174 (c) [
175 of examination.
176 (2) (a) If more than one type of filling material is used in an item, the percentage, by
177 weight, of each component part shall be listed in order of predominance.
178 (b) If a descriptive [
179 of the article, [
180 (c) [
181 Federal Textile Fiber Products Identification Act, 15 U.S.C. Secs. 70 through [
182 (3) [
183 attached according to this chapter.
184 (4) A used mattress shall be tagged with the word "USED," in accordance with rules
185 established by the department.
186 (5) The retailer of a used mattress shall display the mattress so that the "USED" tag is
187 clearly visible to a customer.
188 (6) (a) For items containing down or feather, a manufacturer, retailer, or repairer may
189 use the terms "reclaimed," "reclaimed material," "recycled," or "recycled material" on a tag
190 attached to the item if the item contains reclaimed or recycled material as defined in Section
192 (b) If a term allowed under this Subsection (6) is included on a tag, a manufacturer,
193 retailer, or repairer shall:
194 (i) indicate whether an item is "new" or "used" as defined in this chapter; and
195 (ii) comply with Subsection (2).
196 Section 5. Section 4-10-112 is amended to read:
197 4-10-112. Stop sale, use, or removal order authorized -- Conditions for release
198 specified -- Condemnation or seizure -- Procedure specified -- Award of costs authorized.
199 (1) (a) The department may issue a "stop sale, use, or removal order" to [
200 manufacturer, repairer, wholesaler, or retailer of any designated article or articles [
201 that the department finds or has reason to believe violates this chapter.
202 (b) The order shall be in writing and no article subject to [
203 removed, offered, or exposed for sale, except upon subsequent written release by the
205 (c) Before a release is issued, the department may require the manufacturer, repairer,
206 wholesaler, or retailer of the "stopped" article to pay the expense incurred by the department in
207 connection with the withdrawal of the article from the market or for any other expense incurred
208 in enforcing this chapter and the department's rules made under this chapter.
209 (2) (a) The department [
211 or, upon proper grounds, to obtain a temporary restraining order or permanent injunction to
212 prevent violation of this chapter.
213 (b) [
214 proceeding brought under this section.
215 (3) (a) Except as provided in Subsection (3)(b), if condemnation is ordered, the article
216 shall be disposed of as the court directs.
217 (b) The court may not order condemnation without giving the claimant of the article an
218 opportunity to apply to the court for permission to bring the article into conformance, or for
219 permission to remove [
220 (4) If the court orders condemnation, court costs, fees, storage, and other costs shall be
221 awarded against the claimant of the article.
222 Section 6. Section 4-10-114 is enacted to read:
223 4-10-114. Use of reclaimed or recycled material.
224 (1) A person may advertise an item filled with down, down and feather, or feather as
225 "new" if it is manufactured using 100% reclaimed or recycled material, provided that the tag
226 clearly discloses that the item is manufactured using 100% reclaimed or recycled material.
227 (2) The department may, in accordance with Title 63G, Chapter 3, Utah Administrative
228 Rulemaking Act, make rules governing the use of reclaimed or recycled material under this
230 Section 7. Section 4-22-103 is amended to read:
231 4-22-103. Utah Dairy Commission created.
232 (1) There is created an independent state agency known as the Utah Dairy Commission.
233 (2) Subject to Subsection (5), the Utah Dairy Commission consists of 11 members as
235 (a) nine voting members as follows:
236 (i) two from District 1, which consists of Cache and Rich Counties;
237 (ii) four members from District 2, which consists of Box Elder, Weber, Morgan, Salt
238 Lake, Davis, Utah, [
240 (iii) three members from District 3, which consists of Millard, Beaver, Iron,
241 Washington, Sanpete, Carbon, Emery, Grand, Juab, San Juan, Piute, Wayne, Kane, Garfield,
242 and Sevier Counties; and
243 (b) two nonvoting members as follows:
244 (i) the commissioner or the commissioner's designee; and
245 (ii) the dean of the College of Agriculture at Utah State University, or the dean's
247 (3) The voting members listed in Subsection (2)(a) shall be elected to four-year terms
248 of office as provided in Section 4-22-105.
249 (4) A voting member shall enter office on July 1 of the year in which the member is
250 elected. The commission shall stagger the voting members' terms so that no more than three
251 voting members' terms expire in a given year.
252 (5) (a) To maintain equitable representation of active milk producers on the
253 commission, the commission may, by a two-thirds vote:
254 (i) alter the boundaries comprising the districts established in Subsection (2)(a); or
255 (ii) increase or decrease the number of voting members in each district without altering
256 the total number of commission members.
257 (b) If the commission increases the number of voting members in a district under this
258 Subsection (5), a new member will be elected as provided in Section 4-22-105.
259 (c) If the commission decreases the number of voting members in a district under this
260 Subsection (5), each member representing the district will continue in office through the end of
261 the member's term and the member whose term expires first will not be replaced or reelected
262 upon expiration of the member's term.
263 (d) If the commission acts under this Subsection (5), it shall report the changes to the
264 Natural Resources, Agriculture, and Environment Interim Committee.
265 (6) A member shall be:
266 (a) a citizen of the United States;
267 (b) 21 years [
268 (c) an active milk producer with five consecutive years of experience in milk
269 production within this state immediately preceding election; and
270 (d) a resident of Utah and the district represented.
271 Section 8. Section 4-24-102 is amended to read:
272 4-24-102. Definitions.
273 As used in this chapter:
274 (1) "Brand" means [
275 of the ears or brisket area, applied to livestock that is intended to show ownership and the
276 mark's location.
277 (2) "Carcass" means any part of the body of an animal, including entrails and edible
279 (3) "Domesticated elk" means the same as that term is defined in Section 4-39-102.
280 (4) "Hide" means any skins or wool removed from livestock.
281 (5) "Livestock" means cattle, calves, horses, mules, sheep, goats, or hogs.
282 (6) (a) "Livestock market" means a public market place consisting of pens or other
283 enclosures where cattle, calves, horses, or mules are received on consignment and kept for
284 subsequent sale, either through public auction or private sale.
285 (b) "Livestock market" does not mean:
286 (i) a place used solely for liquidation of livestock by a farmer, dairyman, livestock
287 breeder, or feeder who is going out of business; or
288 (ii) a place where an association of livestock breeders under the association's own
290 (A) offers registered livestock or breeding sires for sale[
291 (B) assumes [
292 (C) guarantees title to the livestock or sires sold[
293 (D) arranges with the department for brand inspection of [
297 are grazed or permitted to roam by custom, license, lease, or permit.
299 animals are harvested, dressed, or processed and [
300 produced for human consumption.
301 Section 9. Section 4-24-201 is amended to read:
303 4-24-201. Central Brand Registry -- Division of state into brand districts --
304 Identical or confusingly similar brands -- Publication of registered brands.
305 (1) The department shall maintain a central Brand [
307 the list shall specify:
308 (a) the name and address of the registrant;
309 (b) a facsimile or diagram of the brand recorded [
311 (c) the location of the brand [
312 (d) the date the brand [
313 (2) The commissioner may divide the state into districts for the purpose of recording
315 previously recorded in a district [
316 (3) (a) [
317 in the central [
318 (b) If two or more brands [
319 (i) the brand [
321 (ii) the later brand [
322 the owner.
323 (4) (a) The commissioner shall publish from time to time a list of all brands [
325 that publication containing additional brands [
327 (b) The [
328 facsimile or diagram of all brands [
330 (c) The commissioner shall, upon request, send one copy of the [
331 publication published under Subsection (4)(a) and each supplement to each brand inspector,
332 county clerk, county sheriff, livestock organization, [
333 considered appropriate.
334 (d) [
335 under this Subsection (4) available to the public at the cost of printing and distribution per
337 Section 10. Section 4-24-202 is amended to read:
338 4-24-202. Recordation of brand.
339 (1) (a) Application for a recorded brand [
340 upon forms prescribed and furnished by the department.
341 (b) The application shall contain [
343 (c) [
344 appropriate recording fee.
345 (d) Upon receipt of a proper application, payment of the recording fee, and recordation
346 of the brand [
347 commissioner shall issue the applicant a certified copy of recording that entitles the applicant
348 to the exclusive use of the brand [
349 (2) (a) [
350 Registry [
352 (b) (i) The department shall give notice in writing to all persons who are owners of
353 recorded brands [
355 (ii) The notice required by this Subsection (2)(b) may be provided by email or regular
356 mail at the department's discretion.
357 (iii) The holder of a registered brand has an affirmative duty to inform the department
358 of a change to the contact information provided on the initial application for a recorded brand.
359 (c) Brand [
360 with the department together with payment of the renewal fee.
361 (d) A recorded brand [
362 the central Brand [
363 Section 11. Section 4-24-203 is amended to read:
364 4-24-203. Fees for recordation, transfer, renewal, and certified copies of brands.
365 (1) The department, with the approval of the Livestock Brand Board, shall charge and
366 collect fees for the recordation, transfer, and renewal of [
367 position, and may charge a fee for a certified copy of the recordation.
368 (2) The fees shall be determined by the department pursuant to Subsection 4-2-103(2).
369 Section 12. Section 4-24-204 is amended to read:
370 4-24-204. Effect of recorded brand -- Transfer -- Reservation of certain brands.
371 (1) Except as provided in Subsection (2), the owner of a recorded brand [
372 vested property right in the brand [
373 instrument, provided that a transferee has no rights in the brand [
374 of transfer is recorded with the department.
375 (2) Notwithstanding any other provision of this chapter:
376 (a) no person other than a member of the Ute Indian Tribe has any vested property right
377 in the brand "ID" which is reserved exclusively for use by members of the Ute Indian Tribe on
378 the Uintah and Ouray Reservation; and
379 (b) no person other than a member of the Navajo Indian Tribe has any vested right in
380 the brand "- N" (Bar N) which is reserved exclusively for use by members of the Navajo Indian
381 Tribe on the Navajo Indian Reservation as long as it appears on the left shoulder of the animal
383 (3) The left jaw of cattle is reserved exclusively for use by the department to identify
384 diseased cattle.
385 Section 13. Section 4-24-205 is amended to read:
386 4-24-205. Livestock on open range or outside enclosure to be branded -- Cattle
387 upon transfer of ownership to be branded -- Exceptions.
388 (1) (a) [
391 (b) Swine, goats, and unweaned calves or colts are not required to bear a brand [
393 (c) Domesticated elk may not forage upon open range or outside an enclosure under
394 any circumstances as provided in Chapter 39, Domesticated Elk Act.
395 (2) (a) Except as provided in Subsection (2)(b), [
396 of ownership, shall be branded [
397 owner within 30 days after transfer of ownership.
398 (b) [
399 within the 30-day period for:
400 (i) unweaned calves;
401 (ii) registered or certified cattle;
402 (iii) youth project calves, if the number transferred is less than five; or
403 (iv) dairy cattle held on farms.
404 Section 14. Section 4-24-303 is amended to read:
405 4-24-303. Livestock -- Verification of ownership through brand inspection --
406 Issuance of certificate of brand inspection -- Brand inspector may demand evidence of
407 ownership -- Brand inspection of livestock seized by the federal government prohibited --
409 (1) A brand inspector, as an agent of the department, shall verify livestock ownership
410 by conducting a brand inspection during daylight hours.
411 (2) After conducting the brand inspection, the brand inspector, if satisfied that the
412 livestock subject to inspection bears registered brands [
413 livestock, shall issue a brand inspection certificate to the owner or owner's agent.
414 (3) The brand inspector shall record the number, sex, breed, and brand [
415 each animal inspected together with the owner's name.
416 (4) If any livestock subject to inspection bears a brand [
417 owner, or if no brand [
418 disputed, the brand inspector may demand evidence of ownership before issuing a brand
419 inspection certificate or may decline to issue a brand inspection certificate until the ownership
420 dispute is resolved.
421 (5) A brand inspector may not issue a brand inspection certificate for [
422 owned livestock seized by the federal government unless the:
423 (a) brand inspector receives consent from the livestock's owner;
424 (b) owner is unknown; or
425 (c) brand inspector receives a copy of a court order authorizing the seizure.
426 (6) Breed papers alone do not constitute proof of ownership, but may be considered as
427 a factor in determining ownership.
428 Section 15. Section 4-24-305 is amended to read:
429 4-24-305. Transportation by air or rail -- Brand inspection required --
430 Application for brand inspection -- Time and place of inspection.
431 (1) Except as provided in Subsection (2), [
432 railroad or airline company may not accept, [
433 mules for transport until [
434 (2) Before cattle, calves, horses, domesticated elk, or mules are transported by rail or
435 air, the shipper shall:
436 (a) request the department to inspect the brands [
437 transported; and
438 (b) specify the time and place where the animals may be inspected.
439 Section 16. Section 4-24-306 is amended to read:
440 4-24-306. Movement across state line -- Brand inspection required -- Exception --
441 Request for brand inspection -- Time and place of inspection.
442 (1) Except as provided in Subsection (2), a person may not drive or transport any cattle,
443 calves, horses, domesticated elk, or mules from any place within this state to a place outside
444 this state until [
445 (2) Subsection (1) does not apply if the animals specified in Subsection (1) customarily
446 forage on an open range which transgresses the Utah state line and that of an adjoining state.
447 (3) The owner or person responsible for driving or transporting the animals shall
448 request the department to inspect the brands [
449 (4) The department shall conduct the inspection at the time and place determined by
450 the department.
451 Section 17. Section 4-24-401 is amended to read:
452 4-24-401. Hides and pelts -- Bill of sale to accompany purchase -- Purchaser to
453 maintain records -- Hides and records examination and inspection.
454 (1) (a) [
456 (b) The bill of sale shall be executed in duplicate with one copy being retained by the
457 seller and the other by the buyer.
458 (c) The bill of sale shall specify the number of hides or pelts sold and the brand [
460 (2) (a) [
461 name and address of the seller, date of purchase, and the brands or other identification found on
462 the hides and pelts purchased.
463 (b) The hides and records of any hide buyer are subject to examination and inspection
464 by the department at reasonable times and places.
465 Section 18. Section 4-24-402 is amended to read:
466 4-24-402. Livestock markets -- Records to be maintained -- Retention of records
467 -- Schedule of fees and charges to be posted.
468 (1) [
469 (a) the date [
470 number of each type of livestock within [
471 (b) the name and address of [
472 (c) the date of sale and the number and species of livestock purchased by [
473 buyer; and
474 (d) the description and brand [
475 the buyer.
476 (2) [
477 by this section [
478 market sold the livestock.
479 (3) A schedule of [
480 shall be posted in a conspicuous place on the premises of each market.
481 (4) A statement of the gross sales price, commission, and other fees charged for the
482 sale of [
483 furnished the owner or consignor of the livestock.
484 Section 19. Section 4-24-403 is amended to read:
485 4-24-403. Websites promoting the sale of livestock.
486 (1) A website, created and maintained within the state, that markets the sale of
487 livestock shall have the following statement clearly visible on each web page that displays
488 advertised livestock: "Legality of Sales and Purchase, Health Laws. If you sell or purchase
489 livestock on this site, you shall comply with all applicable legal requirements governing the
490 transfer and shipment of livestock, including Title 4, Chapter 24, Utah Livestock Brand and
491 Anti-Theft Act, and Title 4, Chapter 31, Control of Animal Disease. Please contact the Utah
492 Department of Agriculture and Food at [
493 (2) A person who violates this section [
494 Section 4-24-506.
495 Section 20. Section 4-24-405 is amended to read:
496 4-24-405. Travel permit in lieu of brand inspection certificate -- Fees.
497 (1) The department may issue a permit upon the payment of a fee determined by the
498 department pursuant to Subsection 4-2-103(2), in lieu of a certificate of brand inspection, for
499 the transport of [
500 within this state to a place outside the state.
501 (2) The words "travel permit" shall be stamped or printed on the permit.
502 (3) A permit:
503 (a) shall accompany [
504 identify the show animal to which the permit applies by age, sex, color, brand, [
505 scars; and
506 (b) is valid for the calendar year of the date of issuance, which date shall appear on the
508 Section 21. Section 4-24-502 is amended to read:
509 4-24-502. Unlawful acts specified -- Allegation concerning evidence of ownership
510 relative to hides.
511 (1) It is unlawful for [
512 (a) permit [
513 colts, that are not branded [
514 range in this state or outside an enclosure;
515 (b) brand [
516 on the central [
517 (c) obliterate, change, or remove a recorded brand [
518 (d) destroy, mutilate, or conceal [
519 removing evidence of ownership of the hide, or ownership of the animal from which the hide
520 was removed;
521 (e) hold or ship an estray or livestock owned by another without notifying the owner, a
522 brand inspector, or law enforcement; or
523 (f) offer for sale an estray or the livestock owned by another.
524 (2) In [
525 (a) the state does not need to allege the ownership of the hide or the animal or carcass
526 from which the hide was removed; and
527 (b) the complaint or information is sufficient if the complaint or information alleges
528 that ownership is unknown and that the hide is not the property of the defendant.
529 Section 22. Section 4-24-504 is amended to read:
530 4-24-504. Enforcement -- Brand inspector's powers delineated.
531 (1) A brand inspector [
532 officer for the purpose of enforcing this chapter and [
533 proper, stop [
534 examining brands, [
535 relating to the livestock in transit.
536 (2) (a) [
537 are kept or maintained for the purpose of examining brands [
538 (b) If admittance is refused, the department may proceed immediately to obtain an ex
539 parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises
540 for the purpose of examining brands [
541 Section 23. Section 4-31-115 is amended to read:
542 4-31-115. Contagious or infectious disease, or any epidemic or poisoning -- Duties
543 of department.
544 (1) (a) The department shall investigate and may quarantine [
545 contagious or infectious disease, or any epidemic or poisoning, affecting a domestic animal or
546 an animal that the department believes may jeopardize the health of animals within the state.
547 (b) The department shall make a prompt and thorough examination of [
548 circumstances surrounding the disease, epidemic, or poisoning and may order quarantine, care,
549 or any necessary remedies.
550 (c) The department may also order immunization or testing and sanitary measures to
551 prevent the spread of disease.
552 (d) An investigation involving fish or wildlife shall be conducted under a cooperative
553 agreement with the Division of Wildlife Resources.
554 (2) (a) If the owner or person in possession of [
555 infectious disease, epidemic, or poisoning, after written notice from the department, fails to
556 take the action ordered, the commissioner [
557 take action necessary to prevent the spread of disease, including immunization, testing,
558 dipping, or spraying.
559 (b) An animal seized for testing or treatment under this section may be sold by the
560 commissioner at public sale to reimburse the department for [
561 seizure, testing, treatment, maintenance, and sale of the animal unless the owner, before the
562 sale, tenders payment for the costs incurred by the department.
563 (c) (i) [
564 owner or person in possession of the animal is served with a notice specifying the itemized
565 costs incurred by the department, the time, place, and purpose of sale, and the number of
566 animals to be sold.
567 (ii) The notice shall be served at least three days in advance of sale in the manner:
568 (A) prescribed for personal service in Rule 4(d)(1), Utah Rules of Civil Procedure; or
569 (B) if the owner cannot be found after due diligence, prescribed for service by
570 publication in Rule 4(d)(4), Utah Rules of Civil Procedure.
571 (3) (a) Any amount realized from the sale of the animal over the total charges shall be
572 paid to the owner of the animal if the owner is known or can by reasonable diligence be found.
573 (b) If the owner is unknown and cannot be found by reasonable diligence, as described
574 in Subsection (3)(a), the excess shall remain in the General Fund.
575 (c) If the total cost incurred is greater than the amount realized, the owner shall pay the
577 Section 24. Section 4-37-104 is amended to read:
578 4-37-104. Department's responsibilities.
579 (1) The department is responsible for enforcing laws and rules made by the Wildlife
580 Board governing species of aquatic animals [
581 possessed or transported within the state that are applicable to aquaculture or fee fishing
582 facilities [
583 (2) Subject to the policies and rules of the Fish Health Policy Board, the department
585 (a) act to prevent the outbreak and act to control the spread of disease-causing
586 pathogens among aquatic animals in aquaculture and fee fishing facilities; and
587 (b) act to prevent the spread of disease-causing pathogens from aquatic animals in, to
588 be deposited in, or harvested from aquaculture or fee fishing facilities to wild aquatic animals,
589 other animals, and humans.
590 Section 25. Section 4-37-204 is amended to read:
591 4-37-204. Sale of aquatic animals from aquaculture facilities.
592 (1) (a) Except as provided by Subsection [
593 (1)(b), a person holding a certificate of registration for an aquaculture facility may take an
594 aquatic animal as approved on the certificate of registration from the facility at any time and
595 offer the aquatic animal for sale[
596 (b) A live aquatic [
597 (i) has been issued a certificate of registration to possess the aquatic animal; or
598 (ii) is eligible to receive the aquatic animal without a certificate of registration under
602 (i) obtains a health approval number for the aquaculture facility;
607 compliance with Subsections 23-15-10(2) and (3)(c); and
609 animals authorized by the Wildlife Board in accordance with Section 23-15-10 for stocking in
610 the area where the pond or holding facility is located.
611 (2) An aquatic animal sold or transferred by the owner or operator of an aquaculture
612 facility shall be accompanied by the seller's receipt that contains the following information:
613 (a) date of transaction;
614 (b) name, address, certificate of registration number, and health approval number[
616 (c) number and weight of aquatic animal by:
617 (i) species; and
620 (d) name and address of the receiver.
621 (3) (a) A person holding a certificate of registration for an aquaculture facility shall
622 submit to the department an annual report of each sale of live aquatic animals or each transfer
623 of live aquatic animals [
624 Wildlife Resources. The department or Division of Wildlife Resources may request copies of
625 receipts from an aquaculture facility.
628 (b) The report shall contain the following information:
629 (i) name, address, and certificate of registration number of the seller or supplier;
630 (ii) number and weight [
632 (iii) date of sale or transfer; and
633 (iv) name, address, phone number, and certificate of registration number of the
651 (4) Geographic coordinates of the stocking location shall be provided if the receiver is
652 eligible to stock the aquatic animal without a certificate of registration under Wildlife Board
654 (5) [
655 (3) shall be submitted before:
656 (a) a certificate of registration is renewed or a subsequent certificate of registration is
657 issued [
658 (b) a health approval number is issued [
659 Section 26. Section 4-37-502 is amended to read:
660 4-37-502. Inspections -- Health approval report -- Report for quarantine facility
661 -- Qualifications of inspectors -- Notification of department.
662 (1) [
663 upon inspections carried out in accordance with standards and rules of the Fish Health Policy
664 Board made pursuant to Section 4-37-503.
671 (2) (a) An inspection shall be conducted under the direction of an individual certified
672 by the American Fisheries Society as an aquatic animal health inspector or fish pathologist. A
673 sample may be collected by a federally accredited veterinarian, a state or federal animal health
674 official, or an American Fisheries Society certified aquatic animal health inspector or fish
676 (b) An inspection of an aquaculture facility may not be done by an inspector who is
677 employed by, or has pecuniary interest in, the facility being inspected.
678 (c) The department shall post on its website a current list of:
679 (i) certified fish health inspectors; and
680 (ii) approved laboratories to which a fish health inspector may send the samples
681 collected during the inspections required by this section.
682 (d) (i) If the fish health inspector conducting the inspection is not an employee of the
683 department, the owner or operator of the aquaculture facility shall notify the department of the
684 date and time of the inspection at least five business days before the date on which the
685 inspection will occur.
686 (ii) The department may be present for the inspection.
687 (3) To receive a health approval number, inspection reports and other evidence of the
688 disease status of a source facility shall be submitted to the agency responsible for certifying the
689 source as health approved pursuant to Section 4-37-501.
690 Section 27. Section 4-37-503 is amended to read:
691 4-37-503. Fish Health Policy Board.
692 (1) There is created within the department the Fish Health Policy Board [
693 shall establish policies designed to prevent the outbreak of, control the spread of, and eradicate
694 pathogens that cause disease in aquatic animals.
695 (2) The Fish Health Policy Board shall:
696 (a) in accordance with Subsection (6)(b), determine procedures and requirements for
697 certifying a source of aquatic animals as health approved, including:
698 (i) the pathogens for which inspection is required to receive health approval;
699 (ii) the pathogens that may not be present to receive health approval; and
700 (iii) standards and procedures required for the inspection of aquatic animals;
701 (b) establish procedures for the timely reporting of the presence of a pathogen and
702 disease threat;
703 (c) create policies and procedures for, and appoint, an emergency response team to:
704 (i) investigate a serious disease threat;
705 (ii) develop and monitor a plan of action; and
706 (iii) report to:
707 (A) the commissioner of agriculture and food;
708 (B) the director of the Division of Wildlife Resources; and
709 (C) the chair of the Fish Health Policy Board; and
710 (d) develop a unified statewide aquaculture disease control plan.
711 (3) The Fish Health Policy Board shall advise the commissioner of agriculture and
712 food and the executive director of the Department of Natural Resources regarding:
713 (a) educational programs and information systems to educate and inform the public
714 about practices that the public may employ to prevent the spread of disease; and
715 (b) communication and interaction between the department and the Division of
716 Wildlife Resources regarding fish health policies and procedures.
717 (4) (a) (i) The governor shall appoint the following seven members to the Fish Health
718 Policy Board:
719 (A) one member from names submitted by the Department of Natural Resources;
720 (B) one member from names submitted by the Department of Agriculture and Food;
721 (C) one member from names submitted by a nonprofit corporation that promotes sport
723 (D) one member from names submitted by a nonprofit corporation that promotes the
724 aquaculture industry;
725 (E) one member from names submitted by the Department of Natural Resources and
726 the Department of Agriculture and Food;
727 (F) one member from names submitted by a nonprofit corporation that promotes sport
728 fishing; and
729 (G) one member from names submitted by a nonprofit corporation that promotes the
730 aquaculture industry.
731 (ii) The members appointed under Subsections (4)(a)(i)(E) through (G) shall be:
732 (A) (I) faculty members of an institution of higher education; or
733 (II) qualified professionals; and
734 (B) have education and knowledge in:
735 (I) fish pathology;
736 (II) business;
737 (III) ecology; or
738 (IV) parasitology.
739 (iii) At least one member appointed under Subsections (4)(a)(i)(E) through (G) shall
740 have education and knowledge about fish pathology.
741 (iv) (A) A nominating person shall submit at least three names to the governor.
742 (B) If the governor rejects all the names submitted for a member, the recommending
743 person shall submit additional names.
744 (b) Except as required by Subsection (4)(c), the term of office of board members shall
745 be four years.
746 (c) Notwithstanding the requirements of Subsection (4)(b), the governor shall, at the
747 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
748 board members are staggered so that approximately half of the board is appointed every two
750 (d) When a vacancy occurs in the membership for any reason, the replacement shall be
751 appointed for the unexpired term.
752 (e) The board members shall elect a chair of the board from the board's membership.
753 (f) The board shall meet upon the call of the chair or a majority of the board members.
754 (g) An action of the board shall be adopted upon approval of the majority of voting
756 (5) A member may not receive compensation or benefits for the member's service, but
757 may receive per diem and travel expenses in accordance with:
758 (a) Section 63A-3-106;
759 (b) Section 63A-3-107; and
760 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
762 (6) (a) The board shall make rules consistent with its responsibilities and duties
763 specified in this section.
764 (b) Except as provided by this chapter, [
765 Board [
766 identification of pathogens published by the American Fisheries Society's Fish Health Section
767 or the World Organisation for Animal Health, Manual for Diagnostic Tests for Aquatic
769 (c) (i) Rules of the department and Fish Health Policy Board pertaining to the control
770 of disease shall remain in effect until the Fish Health Policy Board enacts rules to replace those
772 (ii) The Fish Health Policy Board [
773 inconsistent with the current suggested procedures published by the American Fisheries Society
774 or the World Organisation for Animal Health, Manual for Diagnostic Tests for Aquatic
776 (d) The Fish Health Policy Board may waive a requirement established by the Fish
777 Health Policy Board's rules if:
778 (i) the rule specifies the waiver criteria and procedures; and
779 (ii) the waiver will not threaten other aquaculture facilities or wild aquatic animal
781 Section 28. Section 4-39-108 is amended to read:
782 4-39-108. Deposit of fees.
783 The department shall deposit all fees collected under this chapter into the Utah
784 Livestock Brand and Anti-Theft Account created in Section [