Representative Keven J. Stratton proposes the following substitute bill:


1     
AGRICULTURE AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephen G. Handy

5     
Senate Sponsor: Curtis S. Bramble

6     

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
20     poisoning;
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:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
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
57     ENACTS:
58          4-10-114, Utah Code Annotated 1953
59     

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 [a] bedding, upholstered furniture, quilted clothing, or filling
65     material.
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
77     material.
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[.]; and
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.
106          [(10)] (12) "Repair" means to restore, recover, alter, or renew bedding or upholstered
107     furniture for a consideration.
108          [(11)] (13) "Retailer" means a person who sells bedding, upholstered furniture, quilted
109     clothing, or filling material to a consumer for use primarily for personal, family, household, or
110     business purposes.
111          [(12)] (14) (a) "Sale" or "sell" means to offer or expose for sale, barter, trade, deliver,
112     consign, lease, or give away any bedding, upholstered furniture, quilted clothing, or filling
113     material.
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 [(12)] (14)(a).
116          [(13)] (15) "Secondhand" means an article or filling material, or portion of an article or
117     filling material, that has previously been used.
118          [(14)] (16) "Sterilize" means to disinfect, decontaminate, sanitize, cleanse, or purify as
119     required by Section 4-10-113.
120          [(15)] (17) "Tag" means a card, flap, or strip attached to an article for the purpose of
121     displaying information required by this chapter or under rule made pursuant to it.
122          [(16)] (18) (a) "Used" means an article that has been sold to a consumer and has left
123     the store.
124          (b) "Used" does not include an article returned to the store:
125          (i) with [its] the article's original tags; and
126          (ii) in [its] the article's original packaging.
127          [(17)] (19) "Upholstered furniture" means portable or fixed furniture, except fixed
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.
130          [(18)] (20) "Wholesaler" means a person who offers an article for resale to a retailer or
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 [any] a person to engage in the manufacture, repair, or wholesale
136     sale of [any] bedding, upholstered furniture, quilted clothing, or filling material without a
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 [any] a person to:
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 [which] that is not properly tagged;
148          (3) label or sell a used or secondhand article as if it were a new article;
149          (4) use burlap or other material [which] that has been used for packing or baling, or to
150     use any unsanitary, filthy, or vermin or insect infested filling material in the manufacture or
151     repair of [any] an article;
152          (5) sell bedding, upholstered furniture, quilted clothing or filling material [which] that
153     is not properly tagged regardless of point of origin;
154          (6) use [any] a false or misleading statement, term, or designation on [any] a tag;
155          (7) use [any] a false or misleading label;
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
164     material.
165          (1) (a) [All bedding] The manufacturer, retailer, or repairer shall securely tag bedding,
166     upholstered furniture, and filling material [shall be securely tagged by the manufacturer,
167     retailer, or repairer].
168          (b) [Tags] A tag shall be at least six square inches and plainly and indelibly labeled
169     with:
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) [Each] A label shall be placed on the article in such a position as to facilitate ease
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 [statements are] statement is made about the frame, cover, or style
179     of the article, [such statements] the statement shall, in fact, be true.
180          (c) [All quilted] Quilted clothing shall be tagged and labeled in conformity with the
181     Federal Textile Fiber Products Identification Act, 15 U.S.C. Secs. 70 through [70k] 70i.
182          (3) [No] A person, except the purchaser, may not remove, deface, or alter a tag
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
191     4-10-102.
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 [any] a
200     manufacturer, repairer, wholesaler, or retailer of any designated article or articles [which it]
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 [it] the order shall be
203     removed, offered, or exposed for sale, except upon subsequent written release by the
204     department.
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 [is authorized] may seek in a court of competent jurisdiction [to
210     seek] an order of seizure or condemnation of [any] an article [which] that violates this chapter
211     or, upon proper grounds, to obtain a temporary restraining order or permanent injunction to
212     prevent violation of this chapter.
213          (b) [No bond shall] A bond may not be required of the department in an injunctive
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 [it] the article from the state.
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
229     chapter.
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
234     follows:
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, [and] Tooele, Wasatch, Summit, Duchesne, Uintah, and Daggett Counties;
239     and
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
246     designee.
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 [of age] old or older;
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 [any] an identifiable mark, including a tattoo or cutting and shaping
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
278     meats.
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
289     management:
290          (A) offers registered livestock or breeding sires for sale[,];
291          (B) assumes [all] the responsibility for the sale[,];
292          (C) guarantees title to the livestock or sires sold[,]; and
293          (D) arranges with the department for brand inspection of [all] the animals sold.
294          [(7) "Mark" means any cutting and shaping of the ears or brisket area of livestock that
295     is intended to show ownership.]
296          [(8)] (7) "Open range" means land upon which cattle, sheep, or other domestic animals
297     are grazed or permitted to roam by custom, license, lease, or permit.
298          [(9)] (8) "Slaughterhouse" means [any] a building, plant, or establishment where
299     animals are harvested, dressed, or processed and [their] the animals' meat or meat products
300     produced for human consumption.
301          Section 9. Section 4-24-201 is amended to read:
302     
Part 2. Brand

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 [and Mark] Registry [which shall
306     list] that lists each brand [or mark] recorded in this state. For each brand [or mark] registered
307     the list shall specify:
308          (a) the name and address of the registrant;
309          (b) a facsimile or diagram of the brand recorded [or a diagram showing the kind of
310     mark recorded];
311          (c) the location of the brand [or mark] upon the animal; and
312          (d) the date the brand [or mark] is filed in the [registry] central Brand Registry.
313          (2) The commissioner may divide the state into districts for the purpose of recording
314     [marks] brands, but [no mark] a brand that is identical or confusingly similar to a [mark] brand
315     previously recorded in a district [shall] may not be recorded.
316          (3) (a) [No] A brand that is identical or confusingly similar to a brand previously filed
317     in the central [brand and mark registry shall] Brand Registry may not be recorded.
318          (b) If two or more brands [or marks] appear identical or confusingly similar:
319          (i) the brand [or mark] first recorded shall prevail over a later conflicting brand [or
320     mark]; and
321          (ii) the later brand [or mark] shall be cancelled and [all] the recording fees refunded to
322     the owner.
323          (4) (a) The commissioner shall publish from time to time a list of all brands [and
324     marks] recorded in the central Brand [and Mark] Registry and may issue supplements to [such]
325     that publication containing additional brands [and marks] or changes in ownership of brands
326     [and marks] recorded after the last publication.
327          (b) The [brand book] publication published under Subsection (4)(a) shall contain a
328     facsimile or diagram of all brands [and marks] recorded together with the owner's name and
329     address.
330          (c) The commissioner shall, upon request, send one copy of the [brand book]
331     publication published under Subsection (4)(a) and each supplement to each brand inspector,
332     county clerk, county sheriff, livestock organization, [and] or any other person [deemed]
333     considered appropriate.
334          (d) [Brand books and supplements shall be] The department shall make publications
335     under this Subsection (4) available to the public at the cost of printing and distribution per
336     [book or supplement] publication.
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 [or mark] shall be made to the department
340     upon forms prescribed and furnished by the department.
341          (b) The application shall contain [such] the information [as] the commissioner
342     prescribes.
343          (c) [No] An application [shall] may not be approved without payment of the
344     appropriate recording fee.
345          (d) Upon receipt of a proper application, payment of the recording fee, and recordation
346     of the brand [or mark] in the central Brand [or Mark] Registry of the department, the
347     commissioner shall issue the applicant a certified copy of recording that entitles the applicant
348     to the exclusive use of the brand [or mark] recorded.
349          (2) (a) [Each] A recorded brand [or mark] filed with the central Brand [and Mark]
350     Registry [shall expire] expires during the calendar year 1980, and during each fifth year
351     thereafter.
352          (b) (i) The department shall give notice in writing to all persons who are owners of
353     recorded brands [and marks] within a reasonable time [prior to] before the date of expiration of
354     recordation.
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 [or mark] renewal is [effected] affected by filing an appropriate application
360     with the department together with payment of the renewal fee.
361          (d) A recorded brand [or mark], not timely renewed, shall lapse and be removed from
362     the central Brand [and Mark] Registry.
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 [any] a brand [or mark] in each
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 [or mark] has a
372     vested property right in the brand [or mark] that is transferable by a duly acknowledged
373     instrument, provided that a transferee has no rights in the brand [or mark] until the instrument
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
382     branded.
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) [Except as provided in] Subject to Subsections (1)(b) and (c), [no] livestock
389     [shall] may not forage upon an open range in this state or outside an enclosure unless [they
390     bear] the livestock bears a brand [or mark] recorded in accordance with this chapter.
391          (b) Swine, goats, and unweaned calves or colts are not required to bear a brand [or
392     mark] to forage upon open range or outside an enclosure.
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), [all] cattle, upon sale or other transfer
396     of ownership, shall be branded [or marked] with the recorded brand [or mark] of the new
397     owner within 30 days after transfer of ownership.
398          (b) [No branding or marking] Branding, upon change of ownership, is not required
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 --
408     Exception.
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 [or marks] owned by the owner of the
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 [or mark] on
415     each animal inspected together with the owner's name.
416          (4) If any livestock subject to inspection bears a brand [or mark] other than that of the
417     owner, or if no brand [or mark] appears on the livestock, or if the ownership of the livestock is
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 [any] privately
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), [no] a person may not offer, [or] and a
432     railroad or airline company may not accept, [any] cattle, calves, horses, domesticated elk, or
433     mules for transport until [they have] the animal has been brand inspected.
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 [and marks] of the animals being
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 [they have] the animal has been brand inspected.
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 [and marks] of the animals to be moved.
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) [Any] A person who buys a hide or pelt shall secure a bill of sale from the
455     seller.
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 [or
459     mark] borne by each hide or pelt.
460          (2) (a) [Each] A hide buyer within this state shall maintain a record specifying the
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) [Each] An owner or operator of a livestock market shall keep a record of:
469          (a) the date [each] a consignment of livestock is received for sale together with the
470     number of each type of livestock within [such] the consignment;
471          (b) the name and address of [each] the buyer;
472          (c) the date of sale and the number and species of livestock purchased by [each] the
473     buyer; and
474          (d) the description and brand [or mark] appearing on each animal at the time of sale to
475     the buyer.
476          (2) [The] An owner or operator of a livestock market shall retain the records mandated
477     by this section [shall be retained] for a period of two years from the date on which the livestock
478     market sold the livestock.
479          (3) A schedule of [all] the fees and commission rates charged by the livestock market
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 [each] a consignment shall be available for inspection by the department, and a copy
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 [801-538-7137] 801-982-2200 with any questions.".
493          (2) A person who violates this section [shall be] is subject to the penalties described in
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 [any] a show horse, show mule, or show cattle transported from [any] a place
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 [each] a show animal while the show animal is in transit and shall
504     identify the show animal to which the permit applies by age, sex, color, brand, [mark,] and
505     scars; and
506          (b) is valid for the calendar year of the date of issuance, which date shall appear on the
507     permit.
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 [any] a person to:
512          (a) permit [any] cattle, calves, horses, mules, or sheep, except unweaned calves or
513     colts, that are not branded [or marked] in accordance with this chapter, to forage upon an open
514     range in this state or outside an enclosure;
515          (b) brand [or mark any] livestock with a brand [or mark] that is not a matter of record
516     on the central [brand and mark registry] Brand Registry;
517          (c) obliterate, change, or remove a recorded brand [or mark];
518          (d) destroy, mutilate, or conceal [any] a hide with intent to, or for the purpose of,
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 [any] a prosecution for violation of this section:
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 [is empowered with] has the authority of a special function
532     officer for the purpose of enforcing this chapter and [such an] the brand inspector may, if
533     proper, stop [any] a vehicle carrying livestock or livestock carcasses for the purpose of
534     examining brands, [marks,] certificates of brand inspection, and bills of lading or bills of sale
535     relating to the livestock in transit.
536          (2) (a) [Brand inspectors] A brand inspector may enter [any] premises where livestock
537     are kept or maintained for the purpose of examining brands [or marks].
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 [or marks] or other evidence of ownership.
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 [any] a reported case of
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 [all] the
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 [such] an animal with a contagious or
555     infectious disease, epidemic, or poisoning, after written notice from the department, fails to
556     take the action ordered, the commissioner [is authorized to] may seize and hold the animal and
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 [all] the costs incurred in the
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) [No] The commissioner may not sell a seized animal [shall be sold] until the
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
576     difference.
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 [which] that may be imported into the state or
581     possessed or transported within the state that are applicable to aquaculture or fee fishing
582     facilities [and the promotion of the state's aquaculture industry].
583          (2) Subject to the policies and rules of the Fish Health Policy Board, the department
584     shall:
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 [(1)(b)] (1)(c) and subject to 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[; however,].
596          (b) A live aquatic [animals] animal may be sold within Utah only to a person who:
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
599     [Division of Wildlife Resources] Wildlife Board rules.
600          [(b)] (c) A person who owns or operates an aquaculture facility may [stock a live fish
601     in a private fish pond or at a short-term fishing event] sell live aquatic animals if the person:
602          (i) obtains a health approval number for the aquaculture facility;
603          [(ii) provides the buyer with a brochure published by the Division of Wildlife
604     Resources that summarizes the statutes and rules related to a private fish pond or short-term
605     fishing event and the possession of fish;]
606          [(iii)] (ii) inspects the pond or holding facility to verify that the pond or facility is in
607     compliance with Subsections 23-15-10(2) and (3)(c); and
608          [(iv)] (iii) stocks the species[, strain,] and reproductive capability of [fish] aquatic
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[, and
615     signature of seller];
616          (c) number and weight of aquatic animal by:
617          (i) species; and
618          [(ii) strain; and]
619          [(iii)] (ii) reproductive capability; 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 [to:] in Utah. The department shall forward the report to the Division of
624     Wildlife Resources. The department or Division of Wildlife Resources may request copies of
625     receipts from an aquaculture facility.
626          [(i) another aquaculture facility; or]
627          [(ii) a fee fishing 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 [by species] of aquatic animals by species and reproductive
631     capacity;
632          (iii) date of sale or transfer; and
633          (iv) name, address, phone number, and certificate of registration number of the
634     receiver.
635          [(4) (a) A person who owns or operates an aquaculture facility shall submit to the
636     Division of Wildlife Resources an annual report of each sale or transfer of a live fish to a
637     private fish pond or short-term fishing event.]
638          [(b) The report shall contain:]
639          [(i) the name, address, and health approval number of the person;]
640          [(ii) the name, address, and phone number of the private fish pond's owner or
641     short-term fishing event's operator;]
642          [(iii) the number and weight of fish by:]
643          [(A) species;]
644          [(B) strain; and]
645          [(C) reproductive capability;]
646          [(iv) date of sale or transfer;]
647          [(v) the location of the private fish pond's or short-term fishing event's holding facility;
648     and]
649          [(vi) verification that the private fish pond or short-term fishing event's holding facility
650     was inspected and is in compliance with Subsections 23-15-10(2) and (3)(c).]
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
653     rules.
654          (5) [The reports required by Subsections (3) and (4)] A report required by Subsection
655     (3) shall be submitted before:
656          (a) a certificate of registration is renewed or a subsequent certificate of registration is
657     issued [for an aquaculture facility in the state]; or
658          (b) a health approval number is issued [for an out-of-state source].
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) [(a) Except as provided by Subsection (1)(b), approval] Approval shall be based
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.
665          [(b) An owner or operator of an aquaculture facility that is under quarantine or whose
666     health approval has been canceled or denied prior to July 1, 2007 may seek health approval
667     without submitting or complying with a biosecurity plan required by rule by submitting a new
668     health inspection report to the department.]
669          [(2) (a) The inspections shall be done by an individual who has received certification
670     from the American Fisheries Society as a fish health inspector.]
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
675     pathologist.
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 [which] that
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
722     fishing;
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
749     years.
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
755     members.
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
761     63A-3-107.
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, [all] rules adopted by the Fish Health Policy
765     Board [shall] may be consistent with the suggested procedures for the detection and
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
768     Animals.
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
771     provisions.
772          (ii) The Fish Health Policy Board [shall] may promptly amend rules that are
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
775     Animals.
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
780     populations.
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 [4-24-502] 4-24-501.