7 LONG TITLE
8 General Description:
9 This bill makes changes related to the authority and administration of the Department of
10 Agriculture and Food.
11 Highlighted Provisions:
12 This bill:
13 ▸ clarifies the Department of Agriculture and Food's authority to award grants;
14 ▸ allows the department to email certain registration renewal forms to a registrant
15 unless the registrant requests to receive the forms by mail;
16 ▸ authorizes the department to use the Agriculture Resource Development Fund to
17 make loans through a disaster relief program;
18 ▸ amends provisions related to the administration of the Utah Rural Rehabilitation
20 ▸ clarifies where the department will send a notice of brand renewal;
21 ▸ provides for an annual yearly brand inspection for rodeo stock;
22 ▸ clarifies the acceptable use of the Plant Pest Fund for certain administrative
24 ▸ changes the term "certificate of registration" to the term "license" throughout the
25 Aquaculture Act;
26 ▸ amends provisions related to the use of the Agricultural Water Optimization
27 Account; and
28 ▸ makes technical and conforming changes.
29 Money Appropriated in this Bill:
31 Other Special Clauses:
32 This bill provides a special effective date.
33 Utah Code Sections Affected:
35 4-2-103, as last amended by Laws of Utah 2018, Chapter 200
36 4-14-103, as renumbered and amended by Laws of Utah 2017, Chapter 345
37 4-18-106, as last amended by Laws of Utah 2019, Chapter 178
38 4-18-108, as last amended by Laws of Utah 2019, Chapter 178
39 4-19-105, as renumbered and amended by Laws of Utah 2017, Chapter 345
40 4-24-202, as last amended by Laws of Utah 2021, Chapter 295
41 4-24-306, as last amended by Laws of Utah 2021, Chapter 295
42 4-24-308, as last amended by Laws of Utah 2020, Chapter 311
43 4-35-106, as last amended by Laws of Utah 2020, Chapter 326
44 4-37-109, as last amended by Laws of Utah 2020, Chapter 154
45 4-37-110, as last amended by Laws of Utah 2010, Chapter 378
46 4-37-111, as last amended by Laws of Utah 2017, Chapter 412
47 4-37-201, as last amended by Laws of Utah 2017, Chapter 412
48 4-37-202, as last amended by Laws of Utah 2014, Chapter 189
49 4-37-203, as last amended by Laws of Utah 2017, Chapter 412
50 4-37-204, as last amended by Laws of Utah 2021, Chapter 295
51 4-37-301, as last amended by Laws of Utah 2017, Chapter 412
52 4-37-302, as last amended by Laws of Utah 2014, Chapter 189
53 4-37-303, as last amended by Laws of Utah 2010, Chapter 378
54 4-37-305, as last amended by Laws of Utah 2010, Chapter 378
55 4-37-401, as enacted by Laws of Utah 1994, Chapter 153
56 4-37-601, as enacted by Laws of Utah 1994, Chapter 153
57 4-37-602, as last amended by Laws of Utah 2010, Chapter 286
58 63I-1-273, as last amended by Laws of Utah 2021, Chapter 229
59 73-10g-204, as enacted by Laws of Utah 2018, Chapter 143
61 Be it enacted by the Legislature of the state of Utah:
62 Section 1. Section 4-2-103 is amended to read:
63 4-2-103. Functions, powers, and duties of department -- Fees for services --
64 Marketing orders -- Procedure -- Purchasing and auditing.
65 (1) The department shall:
66 (a) inquire into and promote the interests and products of agriculture and allied
68 (b) promote methods for increasing the production and facilitating the distribution of
69 the agricultural products of the state;
70 (c) (i) inquire into the cause of contagious, infectious, and communicable diseases
71 among livestock and the means for their prevention and cure; and
72 (ii) initiate, implement, and administer plans and programs to prevent the spread of
73 diseases among livestock;
74 (d) encourage experiments designed to determine the best means and methods for the
75 control of diseases among domestic and wild animals;
76 (e) issue marketing orders for any designated agricultural product to:
77 (i) promote orderly market conditions for any product;
78 (ii) give the producer a fair return on the producer's investment at the marketplace; and
79 (iii) only promote and not restrict or restrain the marketing of Utah agricultural
81 (f) administer and enforce all laws assigned to the department by the Legislature;
82 (g) establish standards and grades for agricultural products and fix and collect
83 reasonable fees for services performed by the department in conjunction with the grading of
84 agricultural products;
85 (h) establish operational standards for any establishment that manufactures, processes,
86 produces, distributes, stores, sells, or offers for sale any agricultural product;
87 (i) adopt, according to Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
88 rules necessary for the effective administration of the agricultural laws of the state;
89 (j) when necessary, make investigations, subpoena witnesses and records, conduct
90 hearings, issue orders, and make recommendations concerning all matters related to
92 (k) (i) inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or any
93 private or public place that may become infested or infected with harmful insects, plant
94 diseases, noxious or poisonous weeds, or other agricultural pests;
95 (ii) establish and enforce quarantines;
96 (iii) issue and enforce orders and rules for the control and eradication of pests,
97 wherever they may exist within the state; and
98 (iv) perform other duties relating to plants and plant products considered advisable and
99 not contrary to law;
100 (l) inspect apiaries for diseases inimical to bees and beekeeping;
101 (m) take charge of any agricultural exhibit within the state, if considered necessary by
102 the department, and award premiums at that exhibit;
103 (n) assist the Conservation Commission in the administration of Title 4, Chapter 18,
104 Conservation Commission Act, and administer and disburse any funds available to assist
105 conservation districts in the state in the conservation of the state's soil and water resources;
106 (o) participate in the United States Department of Agriculture certified agricultural
107 mediation program, in accordance with 7 U.S.C. Sec. 5101 and 7 C.F.R. Part 785;
108 (p) promote and support the multiple use of public lands;
109 (q) ensure that any training or certification required of a public official or public
110 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
111 22, State Training and Certification Requirements, if the training or certification is required:
112 (i) under this title;
113 (ii) by the department; or
114 (iii) by an agency or division within the department; and
115 (r) perform any additional functions, powers, and duties provided by law.
116 (2) The department, by following the procedures and requirements of Section
117 63J-1-504, may adopt a schedule of fees assessed for services provided by the department.
118 (3) (a) No marketing order issued under Subsection (1)(e) shall take effect until:
119 (i) the department gives notice of the proposed order to the producers and handlers of
120 the affected product;
121 (ii) the commissioner conducts a hearing on the proposed order; and
122 (iii) at least 50% of the registered producers and handlers of the affected products vote
123 in favor of the proposed order.
124 (b) (i) The department may establish boards of control to administer marketing orders
125 and the proceeds derived from any order.
126 (ii) A board of control shall:
127 (A) ensure that all proceeds are placed in an account in the board of control's name in a
128 depository institution; and
129 (B) ensure that the account is annually audited by an accountant approved by the
131 (4) Funds collected by grain grading, as provided by Subsection (1)(g), shall be
132 deposited into the General Fund as dedicated credits for the grain grading program.
133 (5) In fulfilling its duties in this chapter, the department may:
134 (a) purchase, as authorized or required by law, services that the department is
135 responsible to provide for legally eligible persons;
136 (b) take necessary steps, including legal action, to recover money or the monetary value
137 of services provided to a recipient who is not eligible;
138 (c) examine and audit the expenditures of any public funds provided to a local
139 authority, agency, or organization that contracts with or receives funds from those authorities or
140 agencies; [
141 (d) accept and administer grants from the federal government and from other sources,
142 public or private[
143 (e) fund grants using money appropriated by the Legislature or money received from
144 any other source.
145 Section 2. Section 4-14-103 is amended to read:
146 4-14-103. Registration required for distribution -- Application -- Fees -- Renewal
147 -- Local needs registration -- Distributor or applicator license -- Fees -- Renewal.
148 (1) (a) A person that is not registered with the department may not distribute a
149 pesticide in this state.
150 (b) Application for registration shall be made to the department upon forms prescribed
151 and furnished by the department accompanied with an annual registration fee determined by the
152 department pursuant to Subsection 4-2-103(2) for each pesticide registered.
153 (c) Upon receipt by the department of a proper application and payment of the
154 appropriate fee, the commissioner shall issue a registration to the applicant allowing
155 distribution of the registered pesticide in this state through June 30 of each year, subject to
156 suspension or revocation for cause.
157 (d) (i) Each registration is renewable for a period of one year upon the payment of an
158 annual registration renewal fee in an amount equal to the current applicable original
159 registration fee.
160 (ii) Each renewal fee shall be paid on or before June 30 of each year.
161 (2) The application shall include the following information:
162 (a) the name and address of the applicant and the name and address of the person
163 whose name will appear on the label, if other than the applicant's name;
164 (b) the name of the pesticide;
165 (c) a complete copy of the label that will appear on the pesticide; and
166 (d) any information prescribed by rule of the department considered necessary for the
167 safe and effective use of the pesticide.
168 (3) (a) [
169 registration shall be [
170 which the registrant's registration expires.
171 (b) If a registrant requests to receive forms for the renewal of registration by mail, the
172 department shall mail the forms to the registrant at least 30 days before the day on which the
173 registrant's registration expires.
175 filed and the registration fee tendered shall continue in effect until the applicant is notified
176 either that the registration is renewed or that the registration is suspended or revoked pursuant
177 to Section 4-14-108.
178 (4) The department may, before approval of any registration, require the applicant to
179 submit the complete formula of any pesticide, including active and inert ingredients, and may
180 also, for any pesticide not registered according to 7 U.S.C. Sec. 136a or for any pesticide on
181 which restrictions are being considered, require a complete description of all tests and test
182 results that support the claims made by the applicant or the manufacturer of the pesticide.
183 (5) A registrant who desires to register a pesticide to meet special local needs
184 according to 7 U.S.C. Sec. 136v(c) shall, in addition to complying with Subsections (1) and
185 (2), satisfy the department that:
186 (a) a special local need exists;
187 (b) the pesticide warrants the claims made for the pesticide;
188 (c) the pesticide, if used in accordance with commonly accepted practices, will not
189 cause unreasonable adverse effects on the environment; and
190 (d) the proposed classification for use conforms with 7 U.S.C. Sec. 136a(d).
191 (6) A registration is not required for a pesticide distributed in this state pursuant to an
192 experimental use permit issued by the EPA or under Section 4-14-105.
193 (7) A pesticide dealer may not distribute a restricted use pesticide in this state without a
195 (8) A person shall receive a license before applying:
196 (a) a restricted use pesticide; or
197 (b) a general use pesticide for hire or in exchange for compensation.
198 (9) (a) A license to engage in an activity listed in Subsection (7) or (8) may be obtained
200 (i) submitting an application on a form provided by the department;
201 (ii) showing evidence of competence in the pesticide profession, as established by rule,
202 and complying with the rules adopted by the department under this chapter;
203 (iii) demonstrating good character;
204 (iv) having no outstanding infractions and owing no money to the department; and
205 (v) paying the license fee determined by the department according to Subsection
207 (b) A person may apply for a triennial license that expires on December 31 of the
208 second calendar year after the calendar year in which the license is issued.
209 (c) Notwithstanding Section 63J-1-504, the department shall retain the fees as
210 dedicated credits and may only use the fees to administer and enforce this title.
211 Section 3. Section 4-18-106 is amended to read:
212 4-18-106. Agriculture Resource Development Fund -- Contents -- Use of fund
213 money -- Advisory board.
214 (1) As used in this section:
215 (a) "Disaster" means an extraordinary circumstance, including a flood, drought, or fire,
216 that results in:
217 (i) the president of the United States declaring an emergency or major disaster in the
219 (ii) the governor declaring a state of emergency under Title 53, Chapter 2a, Part 2,
220 Disaster Response and Recovery Act; or
221 (iii) the chief executive officer of a local government declaring a local emergency
222 under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act.
223 (b) "Local government" means the same as that term is defined in Section 53-2a-602.
225 Development Fund.
227 (a) money appropriated to [
228 (b) sales and use tax receipts transferred to the fund in accordance with Section
230 (c) money received for the repayment of loans made from the fund;
231 (d) money made available to the state for agriculture resource development from any
232 source; and
233 (e) interest earned on the fund.
235 Development Fund for [
236 (a) a rangeland improvement and management project;
237 (b) a watershed protection or flood prevention project;
238 (c) a soil and water conservation project;
239 (d) a program designed to promote energy efficient farming practices;
240 (e) an improvement program for agriculture product storage or program designed to
241 protect a crop or animal resource;
242 (f) a hydroponic or aquaponic system; [
243 (g) a project or program to improve water quality [
244 (h) a project to address other environmental issues[
245 (i) subject to Subsection (5), a disaster relief program designed to aid the sustainability
246 of agriculture during and immediately following a disaster.
247 (5) (a) Loans made through a disaster relief program described in Subsection (4)(i) may
248 not comprise more than 10% of the funds appropriated by the Legislature to the Agriculture
249 Resource Development Fund.
250 (b) Notwithstanding Subsection (5)(a), the department may use all money appropriated
251 to the Agriculture Resource Development Fund by the Legislature or another source, without
252 limitation, if the money is appropriated specifically for use in a disaster relief program.
253 (c) (i) Until December 31, 2024, the department is authorized to borrow up to
254 $3,000,000 of General Fund appropriations from the Agricultural Water Optimization Account
255 created in Section 73-10g-204 to be used in making loans through a disaster relief program
256 described in Subsection (4)(i).
257 (ii) If the department borrows from the Agricultural Water Optimization Account
258 under Subsection (5)(c)(i), the department shall deposit the repayment of principal and interest
259 on loans made through a disaster relief program, regardless of the source of the funds used to
260 make those loans, into the Agricultural Water Optimization Account, with preference over the
261 repayment of any other source of funds, until the Agricultural Water Optimization Account is
262 repaid in full.
264 (a) oversee the award process for loans, as described in this section;
265 (b) approve loans; and
266 (c) recommend policies and procedures for the Agriculture Resource Development
267 Fund that are consistent with statute.
268 Section 4. Section 4-18-108 is amended to read:
269 4-18-108. Grants for environmental improvement projects -- Criteria for award
270 -- Duties of commission.
271 (1) The commission may make a grant from the Agriculture Resource Development
272 Fund, or from funds appropriated by the federal government, Legislature, or another entity, to
273 an eligible entity, as defined by the department by rule made in accordance with Title 63G,
274 Chapter 3, Utah Administrative Rulemaking Act, for:
279 cooperation and coordination with a local weed board;
281 water runoff, or address other environmental issues on [
282 including the costs of preparing or implementing a nutrient management plan; [
284 (d) the development of watershed plans; or
285 (e) a program to address other environmental issues.
289 (i) the ability of the grantee to pay for the costs of proposed plans or projects;
290 (ii) the availability of:
291 (A) matching funds provided by the grantee or another source; or
292 (B) material, labor, or other items of value provided in lieu of money by the grantee or
293 another source; and
294 (iii) the benefits that accrue to the general public by the awarding of a grant.
295 (b) The commission may establish by rule additional criteria for the awarding of a
298 Utah Administrative Rulemaking Act, to implement this section.
300 (a) assist with the grant process;
301 (b) make recommendations to the commission regarding grants; and
302 (c) establish policies and procedures for awarding loans or grants [
304 Section 5. Section 4-19-105 is amended to read:
305 4-19-105. Utah Rural Rehabilitation Fund.
306 (1) The department shall deposit all income generated from the administration of the
307 rural rehabilitation program in a separate fund known as the "Utah Rural Rehabilitation Fund."
308 (2) The [
309 Rehabilitation Fund and record all debits and credits made to the fund by the department.
310 (3) The Office of the Treasurer shall deposit interest and other earnings derived from
311 investment of money in the Utah Rural Rehabilitation Fund into the fund.
312 Section 6. Section 4-24-202 is amended to read:
313 4-24-202. Recordation of brand.
314 (1) (a) Application for a recorded brand shall be made to the department upon forms
315 prescribed and furnished by the department.
316 (b) The application shall contain the [
317 following information:
318 (i) the name of each applicant;
319 (ii) a single designated address where the department will send a notice of brand
320 renewal; and
321 (iii) a description of the brand that is the subject of the application.
322 (c) An application may not be approved without payment of the appropriate recording
324 (d) Upon receipt of a proper application, payment of the recording fee, and recordation
325 of the brand in the central Brand Registry of the department, the commissioner shall issue the
326 applicant a certified copy of recording that entitles the applicant to the exclusive use of the
327 brand recorded.
328 (2) (a) A recorded brand filed with the central Brand Registry expires during the
329 calendar year 1980, and during each fifth year thereafter.
330 (b) (i) The department shall [
332 reasonable time before the date of expiration of recordation.
333 (ii) The notice required by this Subsection (2)(b) may be provided by email or regular
334 mail at the department's discretion.
335 (iii) The holder of a registered brand has an affirmative duty to inform the department
336 of a change to the contact information provided on the initial application for a recorded brand.
337 (c) Brand renewal is affected by filing an appropriate application with the department
338 together with payment of the renewal fee.
339 (d) A recorded brand, not timely renewed, shall lapse and be removed from the central
340 Brand Registry.
341 Section 7. Section 4-24-306 is amended to read:
342 4-24-306. Movement across state line -- Brand inspection required -- Exception --
343 Request for brand inspection -- Time and place of inspection.
344 (1) Except as provided in Subsection (2), a person may not drive or transport any cattle,
345 calves, horses, domesticated elk, or mules from any place within this state to a place outside
346 this state until the animal has been brand inspected.
347 (2) Subsection (1) does not apply:
348 (a) if the animals specified in Subsection (1) customarily forage on an open range
349 which transgresses the Utah state line and that of an adjoining state[
350 (b) to rodeo stock that have received a current yearly brand inspection.
351 (3) The owner or person responsible for driving or transporting the animals shall
352 request the department to inspect the brands of the animals to be moved.
353 (4) The department shall conduct the inspection at the time and place determined by
354 the department.
355 Section 8. Section 4-24-308 is amended to read:
356 4-24-308. Brand inspection fees.
357 (1) The department with the approval of the Livestock Brand Board may set and collect
358 a fee for the:
359 (a) issuance of any certificate of brand inspection, including a yearly brand inspection
360 of rodeo stock;
361 (b) verification of ownership at a custom exempt slaughter facility before slaughter for
362 the owner's use;
363 (c) verification of ownership by a farm custom slaughter licensee before slaughter for
364 the owner's use; or
365 (d) verification of ownership by a state or department employee at a meat
366 establishment where there is no transfer of ownership.
367 (2) Brand inspection fees incurred for the inspection of such animals at a livestock
368 market may be withheld by the market and paid from the proceeds derived from their sale.
369 (3) The fee shall be determined by the department pursuant to Subsection 4-2-103(2).
370 Section 9. Section 4-35-106 is amended to read:
371 4-35-106. Plant Pest Fund.
372 (1) There is created an expendable special revenue fund known as the "Plant Pest
374 (2) The fund is funded from:
375 (a) money the plant industry division within the department receives under this title;
376 (b) the landowner's and lessee's share of costs, if required by rule made by the
377 department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
378 (c) appropriations from the Legislature;
379 (d) federal money deposited into the fund; and
380 (e) the interest and earnings on the fund.
381 (3) The department may only use money in the fund to fund survey, detection,
382 eradication, or suppression efforts for plant pests with the exception designated in Subsection
384 (4) The department may annually use an amount not to exceed the lesser of the
385 following [
386 costs to carry out the department's duties under this chapter:
387 (a) 10% of the fund annually; or
388 (b) $300,000.
389 (5) (a) The fund may not exceed $10,000,000 of money deposited under Subsections
390 (2)(a), (c), and (e).
391 (b) The Division of Finance shall transfer the money described in Subsection (5)(a) in
392 excess of $10,000,000 at the end of a fiscal year into the General Fund.
393 (6) Federal money deposited into the fund shall be accounted for separately.
394 (7) Fund money may be used as matching funds for participation in programs of the
395 United States Department of Agriculture for survey, detection, eradication, or suppression
396 efforts of plant pests.
397 Section 10. Section 4-37-109 is amended to read:
398 4-37-109. Department to make rules.
399 (1) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
400 Administrative Rulemaking Act:
401 (a) specifying procedures for the application and renewal of [
403 (b) governing the disposal or removal of aquatic animals from an aquaculture or fee
404 fishing facility for which the [
405 (2) (a) The department may make other rules consistent with its responsibilities set
406 forth in Section 4-37-104.
407 (b) Except as provided by this chapter, the rules authorized by Subsection (2)(a) shall
408 be consistent with the suggested procedures for the detection and identification of pathogens
409 published by the American Fisheries Society's Fish Health Section.
410 Section 11. Section 4-37-110 is amended to read:
411 4-37-110. Inspection of records and facilities.
412 (1) The following records and information shall be maintained by an aquaculture or fee
413 fishing facility for a period of two years and shall be available for inspection by a department
414 representative during reasonable hours:
415 (a) records of purchase, acquisition, distribution, and production histories of aquatic
417 (b) [
418 (c) valid identification of stocks, including origin of stocks.
419 (2) Department representatives may conduct pathological, fish culture, or physical
420 investigations at any aquaculture, public aquaculture, or fee fishing facility during reasonable
422 Section 12. Section 4-37-111 is amended to read:
423 4-37-111. Prohibited sites.
424 (1) Except as provided in Subsection (2), an aquaculture facility or a fee fishing facility
425 may not be developed on:
426 (a) a natural lake;
427 (b) a natural flowing stream; or
428 (c) a reservoir constructed on a natural stream channel.
429 (2) The Division of Wildlife Resources may authorize an aquaculture facility, public
430 aquaculture facility, or fee fishing facility on a natural lake or reservoir constructed on a natural
431 stream channel upon inspecting and determining:
432 (a) the facility and inlet source of the facility neither contain wild game fish nor are
433 likely to support such species in the future;
434 (b) the facility and the facility's intended use will not jeopardize conservation of
435 aquatic wildlife or lead to the privatization or commercialization of aquatic wildlife;
436 (c) the facility is properly screened as provided in Subsection 23-15-10(3)(c) and
437 otherwise in compliance with the requirements of this title, rules of the Wildlife Board, and
438 applicable law; and
439 (d) the facility is not vulnerable to flood or high water events capable of compromising
440 the facility's inlet or outlet screens and allowing escapement of privately owned fish into waters
441 of the state.
442 (3) Any authorization issued by the Division of Wildlife Resources under Subsection
443 (2) shall be in the form of a certificate of registration.
444 Section 13. Section 4-37-201 is amended to read:
445 4-37-201. License required to operate an aquaculture facility.
446 (1) A person may not operate an aquaculture facility without first obtaining a
448 (2) (a) Each application for a [
449 aquaculture facility shall be accompanied by a fee.
450 (b) The fee shall be established by the department in accordance with Section
452 (3) The department shall coordinate with the Division of Wildlife Resources:
453 (a) on the suitability of the proposed site relative to potential impacts on adjacent wild
454 aquatic animal populations; and
455 (b) in determining which species the holder of the [
456 may propagate, possess, transport, or sell.
457 (4) The department shall list on the [
458 which the holder may propagate, possess, transport, or sell.
459 Section 14. Section 4-37-202 is amended to read:
460 4-37-202. Acquisition of aquatic animals for use in aquaculture facilities.
461 (1) Live aquatic animals intended for use in aquaculture facilities may be purchased or
462 acquired only from:
463 (a) aquaculture facilities within the state that have a [
464 and health approval number;
465 (b) public aquaculture facilities within the state that have a health approval number; or
466 (c) sources outside the state that are health approved as provided in Part 5, Health
468 (2) A person holding a [
469 shall submit annually to the department a record of each purchase of live aquatic animals and
470 transfer of live aquatic animals into the facility. This record shall include the following
472 (a) name, address, and health approval number of the source;
473 (b) date of transaction; and
474 (c) number and weight by species.
475 (3) The records required by Subsection (2) shall be submitted to the department before
476 a [
477 license is issued.
478 Section 15. Section 4-37-203 is amended to read:
479 4-37-203. Transportation of aquatic animals to or from aquaculture facilities.
480 (1) Any person holding a [
481 may transport the live aquatic animals specified on the [
482 facility or to any person who has been issued a [
483 otherwise authorized by law to possess those aquatic animals.
484 (2) Each transfer or shipment of live aquatic animals from or to an aquaculture facility
485 within the state shall be accompanied by documentation of the source and destination of the
486 fish, including:
487 (a) name, address, [
488 number of the source;
489 (b) number and weight being shipped, by species;
490 (c) name of the recipient;
491 (d) address of the destination; and
492 (e) (i) [
493 (ii) location of the private fish pond or short-term fishing event when authorized to
494 receive the aquatic animal without a certificate of registration under Division of Wildlife
495 Resources rules.
496 Section 16. Section 4-37-204 is amended to read:
497 4-37-204. Sale of aquatic animals from aquaculture facilities.
498 (1) (a) Except as provided by Subsection (1)(c) and subject to Subsection (1)(b), a
499 person holding a [
500 aquatic animal as approved on the [
501 time and offer the aquatic animal for sale.
502 (b) A live aquatic animal may be sold within Utah only to a person who:
503 (i) has been issued a [
505 (ii) is eligible to receive the aquatic animal without a certificate of registration under
506 Wildlife Board rules.
507 (c) A person who owns or operates an aquaculture facility may sell live aquatic animals
508 if the person:
509 (i) obtains a health approval number for the aquaculture facility;
510 (ii) inspects the pond or holding facility to verify that the pond or facility is in
511 compliance with Subsections 23-15-10(2) and (3)(c); and
512 (iii) stocks the species and reproductive capability of aquatic animals authorized by the
513 Wildlife Board in accordance with Section 23-15-10 for stocking in the area where the pond or
514 holding facility is located.
515 (2) An aquatic animal sold or transferred by the owner or operator of an aquaculture
516 facility shall be accompanied by the seller's receipt that contains the following information:
517 (a) date of transaction;
518 (b) name, address, [
520 (c) number and weight of aquatic animal by:
521 (i) species; and
522 (ii) reproductive capability; and
523 (d) name and address of the receiver.
524 (3) (a) A person holding a [
525 shall submit to the department an annual report of each sale of live aquatic animals or each
526 transfer of live aquatic animals in Utah. The department shall forward the report to the Division
527 of Wildlife Resources. The department or Division of Wildlife Resources may request copies
528 of receipts from an aquaculture facility.
529 (b) The report shall contain the following information:
530 (i) name, address, and [
532 (ii) number and weight of aquatic animals by species and reproductive capacity;
533 (iii) date of sale or transfer; and
534 (iv) name, address, phone number, and [
535 the receiver.
536 (4) Geographic coordinates of the stocking location shall be provided if the receiver is
537 eligible to stock the aquatic animal without a certificate of registration under Wildlife Board
539 (5) A report required by Subsection (3) shall be submitted before:
540 (a) a [
542 (b) a health approval number is issued.
543 Section 17. Section 4-37-301 is amended to read:
544 4-37-301. License required to operate a fee fishing facility.
545 (1) A person may not operate a fee fishing facility without first obtaining a [
547 (2) (a) Each application for a [
548 facility shall be accompanied by a fee.
549 (b) The fee shall be established by the department in accordance with Section
551 (3) The department shall coordinate with the Division of Wildlife Resources:
552 (a) on the suitability of the proposed site relative to potential impacts on adjacent wild
553 aquatic animal populations; and
554 (b) in determining which species the holder of the [
555 may possess or transport to or stock into the facility.
556 (4) The department shall list on the [
557 which the holder may possess or transport to or stock into the facility.
558 (5) A person holding a [
559 may also operate a fee fishing facility without obtaining an additional [
561 (a) is in a body of water meeting the criteria of Section 4-37-111 which is connected
562 with the aquaculture facility;
563 (b) contains only those aquatic animals specified on the [
564 license for the aquaculture facility; and
565 (c) is designated on the [
566 Section 18. Section 4-37-302 is amended to read:
567 4-37-302. Acquisition of aquatic animals for use in fee fishing facilities.
568 (1) Live aquatic animals intended for use in fee fishing facilities may be purchased or
569 acquired only from:
570 (a) aquaculture facilities within the state that have a [
571 and health approval number;
572 (b) public aquaculture facilities within the state that have a health approval number; or
573 (c) sources outside the state that are health approved pursuant to Part 5, Health
575 (2) (a) A person holding a [
576 shall submit to the department an annual report of all live fish purchased or acquired.
577 (b) The report shall contain the following information:
578 (i) name, address, and [
580 (ii) number and weight by species;
581 (iii) date of purchase or transfer; and
582 (iv) name, address, and [
583 (c) The report shall be submitted to the department before a [
584 license is renewed or a subsequent [
585 Section 19. Section 4-37-303 is amended to read:
586 4-37-303. Transportation of live aquatic animals to fee fishing facilities.
587 (1) Any person holding a [
588 may transport the live aquatic animals specified on the [
590 (2) Each transfer or shipment of live aquatic animals to a fee fishing facility within the
591 state shall be accompanied by documentation of the source and destination of the fish,
593 (a) name, address, [
594 number of the source;
595 (b) number and weight being shipped by species; and
596 (c) name, address, and [
597 Section 20. Section 4-37-305 is amended to read:
598 4-37-305. Fishing license not required to fish at fee fishing facilities --
599 Transportation of dead fish.
600 (1) A fishing license is not required to take fish from fee fishing facilities.
601 (2) To transport dead fish from fee fishing facilities the fish shall be accompanied by
602 the seller's receipt containing the following information:
603 (a) species and number of fish;
604 (b) date caught;
605 (c) [
606 (d) name, address, and telephone number of the seller.
607 Section 21. Section 4-37-401 is amended to read:
608 4-37-401. License required to import aquatic animals for aquaculture or fee
609 fishing facilities.
610 (1) A person may not import aquatic animals classified as controlled species by rules of
611 the Wildlife Board into the state for use in aquaculture or fee fishing facilities without first
612 obtaining a [
613 (2) The department shall:
614 (a) coordinate with the Division of Wildlife Resources in determining which species
615 the holder may import into the state; and
616 (b) specify those species on the [
617 (3) A person may not import species into the state that are not listed on the [
619 Section 22. Section 4-37-601 is amended to read:
620 4-37-601. Enforcement and penalties.
621 (1) Any violation of this chapter is a class B misdemeanor and may be grounds for
622 revocation of the [
624 (2) A violation of any rule made under this chapter may be grounds for revocation of
625 the [
626 determined by the department.
627 Section 23. Section 4-37-602 is amended to read:
628 4-37-602. Adjudicative proceedings -- Presiding officer.
629 (1) Adjudicative proceedings under this chapter shall be conducted in accordance with
630 Title 63G, Chapter 4, Administrative Procedures Act.
631 (2) The revocation of an aquaculture facility's [
632 denial of an aquaculture facility's future [
633 cancellation of an aquaculture facility's health approval number is a state agency action
634 governed by Title 63G, Chapter 4, Administrative Procedures Act.
635 (3) (a) An owner or operator of an aquaculture facility may ask for an agency review,
636 as provided by Section 63G-4-301, of an agency action specified in Subsection (2).
637 (b) The presiding officer, as defined in Section 63G-4-103, conducting the agency
638 review shall consist of three members as follows:
639 (i) the person representing sport fishermen, appointed under Subsection
641 (ii) one person representing the aquaculture industry, appointed by the governor from
642 names submitted by a nonprofit corporation, as defined in Section 16-6a-102, that promotes the
643 efficient production, distribution, and marketing of aquaculture products and the welfare of all
644 persons engaged in aquaculture; and
645 (iii) one person, appointed by the governor, who is knowledgeable about aquatic
646 diseases and is employed by an institution of higher education.
647 (c) If the governor rejects all the names submitted under Subsection (3)(b)(ii), the
648 recommending nonprofit corporation shall submit additional names.
649 (d) The final decision of the presiding officer shall be adopted upon approval of at least
650 two of the members.
651 (e) The term for the member listed in Subsection (3)(b)(i) shall be the same as provided
652 in Section 4-37-503.
653 (f) The term for the members appointed under Subsections (3)(b)(ii) and (iii) shall be
654 four years.
655 (4) A member may not receive compensation or benefits for the member's service, but
656 may receive per diem and travel expenses in accordance with:
657 (a) Section 63A-3-106;
658 (b) Section 63A-3-107; and
659 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
661 Section 24. Section 63I-1-273 is amended to read:
662 63I-1-273. Repeal dates, Title 73.
663 (1) Title 73, Chapter 27, Legislative Water Development Commission, is repealed
664 January 1, 2031.
665 (2) In relation to Title 73, Chapter 10g, Part 2, Agricultural Water Optimization, [
667 (a) Section 73-10g-202 is repealed; and
668 (b) Section 73-10g-203 is repealed.
669 (3) Section 73-18-3.5, which creates the Boating Advisory Council, is repealed July 1,
671 (4) Title 73, Chapter 30, Great Salt Lake Advisory Council Act, is repealed July 1,
673 (5) In relation to Title 73, Chapter 31, Water Banking Act, on December 31, 2030:
674 (a) Subsection 73-1-4(2)(e)(xi) is repealed;
675 (b) Subsection 73-10-4(1)(h) is repealed; and
676 (c) Title 73, Chapter 31, Water Banking Act, is repealed.
677 Section 25. Section 73-10g-204 is amended to read:
678 73-10g-204. Agricultural Water Optimization Account.
679 (1) As used in this section:
680 (a) "Account" means the Agricultural Water Optimization Account created in
681 Subsection (2).
682 (b) "Agricultural water optimization" means the implementation of agricultural and
683 water management practices that maintain or increase viable agriculture while minimizing
684 negative impacts on water supply, water quality, and the environment.
685 (c) "Department" means the Department of Agriculture and Food.
686 (2) There is created a restricted account within the General Fund called the Agricultural
687 Water Optimization Account.
689 (a) appropriations from the Legislature [
690 (b) federal funds; and
691 (c) grants or donations from other public or private sources.
695 (4) Subject to appropriation, the department may use money in the account to issue
696 grants to improve agricultural water optimization.
697 (5) Until December 31, 2024, the department may loan up to $3,000,000 of General
698 Fund money in the account to the Agriculture Resource Development Fund, subject to the
699 conditions described in Section 4-18-106.
700 (6) (a) The department shall maintain the Agriculture Water Optimization Account and
701 record all debits and credits made to the account by the department.
702 (b) The Office of the Treasurer shall deposit interest and other earnings derived from
703 investment of money in the Agriculture Water Optimization Account into the account.
704 Section 26. Effective date.
705 If approved by two-thirds of all the members elected to each house, this bill takes effect
706 upon approval by the governor, or the day following the constitutional time limit of Utah
707 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
708 the date of veto override.