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7 LONG TITLE
8 General Description:
9 This bill modifies provisions affecting the Department of Agriculture and Food.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ addresses changes to the state veterinarian responsibilities;
14 ▸ provides labeling requirements for pet treats;
15 ▸ modifies labeling requirements for seed;
16 ▸ creates a restricted account; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 4-2-402, as last amended by Laws of Utah 2017, Chapter 345
25 4-3-102, as renumbered and amended by Laws of Utah 2017, Chapter 345
26 4-3-301, as last amended by Laws of Utah 2020, Chapter 422
27 4-3-302, as renumbered and amended by Laws of Utah 2017, Chapter 345
28 4-3-401, as renumbered and amended by Laws of Utah 2017, Chapter 345
29 4-4-102, as renumbered and amended by Laws of Utah 2017, Chapter 345
30 4-4-103, as last amended by Laws of Utah 2019, Chapter 138
31 4-5-102, as last amended by Laws of Utah 2020, Chapter 311
32 4-7-106, as renumbered and amended by Laws of Utah 2017, Chapter 345
33 4-12-102, as renumbered and amended by Laws of Utah 2018, Chapter 355
34 4-12-104, as renumbered and amended by Laws of Utah 2018, Chapter 355
35 4-12-105, as renumbered and amended by Laws of Utah 2018, Chapter 355
36 4-13-102, as last amended by Laws of Utah 2020, Chapter 311
37 4-16-102, as last amended by Laws of Utah 2021, Chapter 153
38 4-16-201, as last amended by Laws of Utah 2021, Chapter 153
39 4-18-306, as last amended by Laws of Utah 2022, Chapter 274
40 4-24-205, as last amended by Laws of Utah 2021, Chapter 295
41 4-24-301, as renumbered and amended by Laws of Utah 2017, Chapter 345
42 4-30-106, as last amended by Laws of Utah 2021, Chapters 84, 345
43 ENACTS:
44 4-12-105.5, Utah Code Annotated 1953
45 4-46-304, Utah Code Annotated 1953
46
47 Be it enacted by the Legislature of the state of Utah:
48 Section 1. Section 4-2-402 is amended to read:
49 4-2-402. State veterinarian responsibilities.
50 (1) The state veterinarian shall:
51 (a) coordinate the department's responsibilities for:
52 (i) the promotion of animal health; and
53 (ii) the diagnosis, surveillance, and prevention of animal disease[
54 (b) aid the meat inspection manager, whose duties are specified by the commissioner,
55 in the direction of the inspection of meat and poultry; and
56 (c) perform other official duties assigned by the commissioner.
57 [
58
59 [
60 28, Veterinary Practice Act.
61 Section 2. Section 4-3-102 is amended to read:
62 4-3-102. Definitions.
63 As used in this chapter:
64 (1) "Adulterated" means any dairy product that:
65 (a) contains any poisonous or deleterious substance that may render it injurious to
66 health;
67 (b) has been produced, prepared, packaged, or held:
68 (i) under unsanitary conditions;
69 (ii) where it may have become contaminated; or
70 (iii) where it may have become diseased or injurious to health;
71 (c) contains any food additive that is unsafe within the meaning of 21 U.S.C. Sec. 348;
72 (d) contains:
73 (i) any filthy, putrid, or decomposed substance;
74 (ii) fresh fluid milk with a lactic acid level at or above .0018; or
75 (iii) cream with a lactic acid level at or above .008 or that is otherwise unfit for human
76 food;
77 (e) is the product of:
78 (i) a diseased animal;
79 (ii) an animal that died otherwise than by slaughter; or
80 (iii) an animal fed upon uncooked offal;
81 (f) has intentionally been subjected to radiation, unless the use of the radiation is in
82 conformity with a rule or exemption promulgated by the department; or
83 (g) (i) has any valuable constituent omitted or abstracted;
84 (ii) has any substance substituted in whole or in part;
85 (iii) has damage or inferiority concealed in any manner; or
86 (iv) has any substance added, mixed, or packed with the product to:
87 (A) increase its bulk or weight;
88 (B) reduce its quality or strength; or
89 (C) make it appear better or of greater value.
90 (2) "Certificate" means a document allowing a person to market milk.
91 [
92 undivided interest in a milk producing hoofed mammal through an agreement with a producer
93 that includes:
94 (a) a bill of sale for an interest in the mammal;
95 (b) a boarding arrangement under which the person boards the mammal with the
96 producer for the care and milking of the mammal and the boarding arrangement and bill of sale
97 documents remain with the program operator;
98 (c) an arrangement under which the person receives raw milk for personal use not to be
99 sold or distributed in a retail environment or for profit; and
100 (d) no more than two cows, 10 goats, and 10 sheep per farm in the program.
101 [
102 [
103 [
104 condensed, evaporated, concentrated, powdered, dried, or desiccated, that has fat or oil other
105 than milk fat added, blended, or compounded with it so that the resultant product is an
106 imitation or semblance of milk, cream, or skimmed milk.
107 (b) "Filled milk" does not include any distinctive proprietary food compound:
108 (i) that is prepared and designated for feeding infants and young children, which is
109 customarily used upon the order of a licensed physician;
110 (ii) whose product name and label does not contain the word "milk"; and
111 (iii) whose label conforms with the food labeling requirements.
112 [
113 in a frozen or semifrozen state.
114 [
115 that is accorded the terms in the federal standards for grade A milk and grade A milk products
116 unless modified by rules of the department.
117 [
118
119
120 (9) "Manufacturer" means any person who processes milk in a way that changes the
121 milk's character.
122 (10) "Manufacturing milk" means milk used in the production of non-grade A dairy
123 products.
124 (11) "Misbranded" means:
125 (a) any dairy product whose label is false or misleading in any particular, or whose
126 label or package fails to conform to any federal regulation adopted by the department that
127 pertains to packaging and labeling;
128 (b) any dairy product in final packaged form manufactured in this state that does not
129 bear:
130 (i) the manufacturer's, packer's, or distributor's name, address, and plant number, if
131 applicable;
132 (ii) a clear statement of the product's common or usual name, quantity, and ingredients,
133 if applicable; and
134 (iii) any other information required by rule of the department;
135 (c) any butter in consumer package form that is not at least B grade, or that does not
136 meet the grade claimed on the package, measured by U.S.D.A. butter grade standards;
137 (d) any imitation butter made in whole or in part from material other than wholesome
138 milk or cream, except clearly labeled "margarine";
139 (e) renovated butter unless the words "renovated butter," in letters not less than
140 1/2-inch in height appear on each package, roll, square, or container of such butter; or
141 (f) any dairy product in final packaged form that makes nutritional claims or adds or
142 adjusts nutrients that are not so labeled.
143 (12) "Pasteurization" means any process that renders dairy products practically free of
144 disease organisms and is accepted by federal standards.
145 (13) "Permit" [
146 means a document allowing a person or plant, as designated in the permit, to:
147 (a) process, manufacture, supply, test, haul, or pasteurize milk or milk products; or
148 (b) repair equipment used to conduct the activities described in Subsection (13)(a).
149 (14) "Plant" means any facility where milk is processed or manufactured.
150 (15) "Processor" means any person who subjects milk to a process.
151 (16) "Producer" means a person who owns a cow or other milk producing hoofed
152 mammal that produces milk for consumption by persons other than the producer's family,
153 employees, or nonpaying guests.
154 (17) "Raw milk" means unpasteurized milk.
155 (18) "Renovated butter" means butter that is reduced to a liquid state by melting and
156 drawing off such liquid or butter oil and churning or otherwise manipulating it in connection
157 with milk or any product of milk.
158 (19) "Retailer" means any person who sells or distributes dairy products directly to the
159 consumer.
160 Section 3. Section 4-3-301 is amended to read:
161 4-3-301. Permits or certificates -- Application -- Fee -- Expiration -- Renewal.
162 (1) Application for a [
163 pasteurize milk, test milk for payment, haul milk in bulk, or for the wholesale distribution of
164 dairy products shall be made to the department upon forms prescribed and furnished by the
165 department.
166 (2) Upon receipt of a proper application, compliance with the applicable rules, and
167 payment of a [
168 4-2-103(2), the commissioner, if satisfied that the public convenience and necessity and the
169 industry will be served, shall issue an appropriate [
170 suspension or revocation for cause.
171 (3) A [
172 each year.
173 (4) A [
174 test milk for payment, haul milk in bulk, or for the wholesale distribution of dairy products, is
175 renewable for a period of one year upon the payment of an annual [
176 determined by the department according to Subsection 4-2-103(2) on or before December 31 of
177 each year.
178 (5) Notwithstanding the requirements of Subsection (1), application for a permit or
179 certificate to produce milk or a raw milk product, as that term is defined in Section 4-3-503,
180 shall be made to the department on forms prescribed and furnished by the department.
181 (6) (a) Upon receipt of a proper application and compliance with applicable rules, the
182 commissioner shall issue a permit entitling the applicant to engage in the business of producer,
183 subject to suspension or revocation for cause.
184 (b) A fee may not be charged by the department for issuance of a [
185 certificate.
186 Section 4. Section 4-3-302 is amended to read:
187 4-3-302. Permits and certificates -- Suspension or revocation -- Grounds.
188 (1) The department may revoke or suspend the [
189 certificate of any person who violates this chapter or any rule enacted under the authority of
190 this chapter.
191 (2) All or part of any [
192 immediately if an emergency exists that presents a clear and present danger to the public
193 health, or if inspection or sampling is refused.
194 Section 5. Section 4-3-401 is amended to read:
195 4-3-401. Unlawful acts specified.
196 It is unlawful for any person in this state to:
197 (1) operate a plant without a [
198 (2) market milk without a [
199 (3) manufacture butter or cheese, pasteurize milk, test milk for payment, or haul milk
200 in bulk without a special [
201 Subsection (3); unless if more than one person working in a plant is engaged in the
202 performance of a single activity designated in this Subsection (3), the person who directs the
203 activity is [
204 (4) manufacture, distribute, sell, deliver, hold, store, or offer for sale any adulterated or
205 misbranded dairy product;
206 (5) manufacture, distribute, sell, deliver, hold, store, or offer for sale any dairy product
207 without a [
208 (6) sell or offer for sale any milk not intended for human consumption unless it is
209 denatured or decharacterized in accordance with the rules of the department;
210 (7) manufacture, distribute, sell, or offer for sale any filled milk labeled as milk or as a
211 dairy product;
212 (8) keep any animals with brucellosis, tuberculosis, or other infectious or contagious
213 diseases communicable to humans in any place where they may come in contact with cows or
214 other milking animals;
215 (9) draw milk for human food from cows or other milking animals that are infected
216 with tuberculosis, running sores, communicable diseases, or from animals that are fed feed that
217 will produce milk that is adulterated;
218 (10) accept or process milk from any producer without verification that the producer
219 holds a valid permit or certification or, if milk is accepted from out of the state, without
220 verification that the producer holds a permit or certification from the appropriate regulatory
221 agency of that state;
222 (11) use any contaminated or unclean equipment or container to process, manufacture,
223 distribute, deliver, or sell a dairy product;
224 (12) remove, change, conceal, erase, or obliterate any mark or tag placed upon any
225 equipment, tank, or container by the department except to clean and sanitize it;
226 (13) use any tank or container used for the transportation of milk or other dairy
227 products that is unclean or contaminated;
228 (14) refuse to allow the department to take samples for testing; or
229 (15) prohibit adding vitamin compounds in the processing of milk and dairy products
230 in accordance with rules of the department.
231 Section 6. Section 4-4-102 is amended to read:
232 4-4-102. Department to establish egg grades and standards -- Authority to make
233 and enforce rules.
234 (1) The department [
235 weight governing the sale of eggs.
236 (2) The department shall, subject to Title 63G, Chapter 3, Utah Administrative
237 Rulemaking Act, make and enforce rules that are necessary to administer and enforce this
238 chapter.
239 Section 7. Section 4-4-103 is amended to read:
240 4-4-103. Definitions.
241 As used in this chapter:
242 (1) "Addled" or "white rot" means putrid or rotten.
243 (2) "Adherent yolk" means the yolk has settled to one side and become fastened to the
244 shell.
245 (3) "Albumen" means the white of an egg.
246 (4) "Black rot" means the egg has deteriorated to such an extent that the whole interior
247 presents a blackened appearance.
248 (5) "Black spot" means mold or bacteria have developed in isolated areas inside the
249 shell.
250 (6) "Blood ring" means bacteria have developed to such an extent that blood is formed.
251 (7) "Candling" means the act of determining the condition of an egg by holding it
252 before a strong light in such a way that the light shines through the egg and reveals the egg's
253 contents.
254 (8) "End consumer" means a household consumer, restaurant, institution, or any other
255 person who has purchased or received shell eggs for consumption.
256 [
257 [
258 powdered egg.
259 [
260 (a) having less than 3,000 layers;
261 (b) selling only to an [
262 (c) who is exempt from 21 C.F.R. Chapter 1, Part 118, Production, Storage, and
263 Transportation of Shell Eggs.
264 [
265
266 Section 8. Section 4-5-102 is amended to read:
267 4-5-102. Definitions.
268 As used in this chapter:
269 (1) "Advertisement" means a representation, other than by labeling, made to induce the
270 purchase of food.
271 (2) (a) "Color additive":
272 (i) means a dye, pigment, or other substance not exempted under the federal act that,
273 when added or applied to a food, is capable of imparting color; and
274 (ii) includes black, white, and intermediate grays.
275 (b) "Color additive" does not include a pesticide chemical, soil or plant nutrient, or
276 other agricultural chemical that imparts color solely because of the chemical's effect, before or
277 after harvest, in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or
278 other natural physiological process of any plant life.
279 (3) (a) "Consumer commodity" means a food, as defined by this chapter, or by the
280 federal act.
281 (b) "Consumer commodity" does not include:
282 (i) a commodity subject to packaging or labeling requirements imposed under the
283 Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Sec. 136 et seq.;
284 (ii) a commodity subject to [
285 Act;
286 (iii) a meat or meat product subject to the Federal Meat Inspection Act, 21 U.S.C. Sec.
287 601 et seq.;
288 (iv) a poultry or poultry product subject to the Poultry Inspection Act, 21 U.S.C. Sec.
289 451 et seq.;
290 (v) a tobacco or tobacco product; or
291 (vi) a beverage subject to or complying with packaging or labeling requirements
292 imposed under the Federal Alcohol Administration Act, 27 U.S.C. Sec. 201 et seq.
293 (4) "Contaminated" means not securely protected from dust, dirt, or foreign or
294 injurious agents.
295 (5) (a) "Farm" means an agricultural operation, under management by one entity, that
296 grows or harvests crops.
297 (b) "Farm" does not include an entity that is exempt under 21 C.F.R. 112.4(a) or 21
298 C.F.R. 112.5.
299 (6) "Farmers market" means a market where a producer of a food product sells only a
300 fresh, raw, whole, unprocessed, and unprepared food item directly to the final consumer.
301 (7) "Federal act" means the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301
302 et seq.
303 (8) "Food" means:
304 (a) an article used for food or drink for human or animal consumption or the
305 components of the article;
306 (b) chewing gum or chewing gum components; or
307 (c) a food supplement for special dietary use that is necessitated because of a physical,
308 physiological, pathological, or other condition.
309 (9) (a) "Food additive" means a substance, the intended use of which results in the
310 substance becoming a component, or otherwise affecting the characteristics, of a food.
311 (b) (i) "Food additive" includes a substance or source of radiation intended for use in
312 producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or
313 holding food.
314 (ii) "Food additive" does not include:
315 (A) a pesticide chemical in or on a raw agricultural commodity;
316 (B) a pesticide chemical that is intended for use or is used in the production, storage, or
317 transportation of a raw agricultural commodity; or
318 (C) a substance used in accordance with a sanction or approval granted pursuant to the
319 Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq. or the Federal Meat Inspection Act,
320 21 U.S.C. Sec. 601 et seq.
321 (10) (a) "Food establishment" means a grocery store, bakery, candy factory, food
322 processor, bottling plant, sugar factory, cannery, farm, rabbit processor, meat processor, flour
323 mill, cold or dry warehouse storage, or other facility where food products are manufactured,
324 canned, processed, packaged, stored, transported, prepared, sold, or offered for sale.
325 (b) "Food establishment" does not include:
326 (i) a dairy farm, a dairy plant, or a meat establishment, that is subject to the Poultry
327 Products Inspection Act, 21 U.S.C. Sec. 451 et seq., or the Federal Meat Inspection Act, 21
328 U.S.C. Sec. 601 et seq.; [
329 (ii) a farmers market[
330 (iii) a food service establishment, as that term is defined in Section 26-15a-102.
331 (11) "Label" means a written, printed, or graphic display on the immediate container of
332 an article of food.
333 (12) "Labeling" means a label and other written, printed, or graphic display:
334 (a) on an article of food or the article of food's container or wrapper; or
335 (b) accompanying the article of food.
336 (13) "Official compendium" means the official documents or supplements to the:
337 (a) United States Pharmacopoeia;
338 (b) National Formulary; or
339 (c) Homeopathic Pharmacopoeia of the United States.
340 (14) (a) "Package" means a container or wrapping in which a consumer commodity is
341 enclosed for use in the delivery or display of the consumer commodity to retail purchasers.
342 (b) "Package" does not include:
343 (i) a package liner;
344 (ii) a shipping container or wrapping used solely for the transportation of a consumer
345 commodity in bulk or in quantity to a manufacturer, packer, processor, or wholesale or retail
346 distributor; or
347 (iii) a shipping container or outer wrapping used by a retailer to ship or deliver a
348 consumer commodity to a retail customer, if the container and wrapping bear no printed
349 information relating to the consumer commodity.
350 (15) (a) "Pesticide" means a substance intended:
351 (i) to prevent, destroy, repel, or mitigate a pest, as defined under Section 4-14-102; or
352 (ii) for use as a plant regulator, defoliant, or desiccant.
353 (b) "Pesticide" does not include:
354 (i) a new animal drug, as defined by 21 U.S.C. Sec. 321, that has been determined by
355 the United States Secretary of Health and Human Services not to be a new animal drug by
356 federal regulation establishing conditions of use of the drug; or
357 (ii) animal feed, as defined by 21 U.S.C. Sec. 321, bearing or containing a new animal
358 drug.
359 (16) "Principal display panel" means that part of a label that is most likely to be
360 displayed, presented, shown, or examined under normal and customary conditions of display
361 for retail sale.
362 (17) "Produce" means a food that is a:
363 (a) fruit, vegetable, mix of intact fruits and vegetables, mushroom, sprout from any
364 seed source, peanut, tree nut, or herb; and
365 (b) raw agricultural commodity.
366 (18) "Raw agricultural commodity" means a food in the food's raw or natural state,
367 including all fruits that are washed, colored, or otherwise treated in the fruit's unpeeled, natural
368 form before marketing.
369 (19) "Registration" means the commissioner's issuance of a certificate to a qualified
370 food establishment.
371 (20) "Sprout" means the shoot of a plant generally harvested when cotyledons are
372 undeveloped or underdeveloped and mature leaves have not emerged.
373 Section 9. Section 4-7-106 is amended to read:
374 4-7-106. Licenses -- Applications.
375 Application for an agent's or dealer's license shall be made to the department upon
376 forms prescribed and furnished by the department, and the application shall state:
377 (1) the applicant's name, principal address in this state, and [
378 (2) the applicant's principal address in any location outside Utah;
379 (3) the name and principal address of the person authorized by the applicant to accept
380 service of process in this state on behalf of the applicant during the licensure period;
381 (4) the name and principal address of the applicant's surety if the application is for a
382 dealer's license;
383 (5) a schedule of the commissions, fees, and other charges the applicant intends to
384 collect for services during the period of licensure;
385 (6) the name and address of each principal the applicant intends to represent during the
386 period of licensure; and
387 (7) any other information that the department may require by rule.
388 Section 10. Section 4-12-102 is amended to read:
389 4-12-102. Definitions.
390 As used in this chapter:
391 (1) "Adulterated commercial feed" means any commercial feed that:
392 (a) (i) contains any poisonous or deleterious substance that may render it injurious to
393 health;
394 (ii) contains any added poisonous, added deleterious, or added nonnutritive substance
395 that is unsafe within the meaning of 21 U.S.C. Sec. 346, other than a pesticide chemical in or
396 on a raw agricultural commodity or a food additive;
397 (iii) contains any food additive or color additive that is unsafe within the meaning of 21
398 U.S.C. Sec. 348 or 379e;
399 (iv) contains a pesticide chemical in or on a raw agricultural commodity that is unsafe
400 within the meaning of 21 U.S.C. Sec. 346a unless it is used in or on the raw agricultural
401 commodity in conformity with an exemption or tolerance prescribed under 21 U.S.C. Sec. 346a
402 and is subjected to processing such as canning, cooking, freezing, dehydrating, or milling, so
403 that the residue, if any, of the pesticide chemical in or on the processed feed is removed to the
404 extent possible through good manufacturing practices as prescribed by rules of the department
405 so that the concentration of the residue in the processed feed is not greater than the tolerance
406 prescribed for the raw agricultural commodity in 21 U.S.C. Sec. 346a;
407 (v) contains viable weed seeds in amounts exceeding limits established by rule of the
408 department;
409 (vi) contains a drug that does not conform to good manufacturing practice as
410 prescribed by federal regulations promulgated under authority of the Federal Food, Drug, and
411 Cosmetic Act, 21 U.S.C. Sec. 301 et seq., for medicated feed premixes and for medicated feeds
412 unless the department determines that the regulations are not appropriate to the conditions that
413 exist in this state;
414 (vii) contains any filthy, putrid, or decomposed substance, or is otherwise unfit for
415 feed; or
416 (viii) has been prepared, packed, or held under unsanitary conditions; or
417 (b) has a valuable constituent omitted or abstracted from it, in whole or in part, or its
418 composition or quality falls below or differs from that represented on its label or in labeling.
419 (2) (a) "Animal remedy" means a remedy that:
420 (i) is not used for food or cosmetic purposes; and
421 (ii) is prepared or compounded for animal use.
422 (b) "Animal remedy" does not mean:
423 (i) a material, other than food, that is intended to affect the structure or function of the
424 body of a human; or
425 (ii) a product produced primarily as feed, to which medication is added at the time of
426 manufacture as an additional ingredient.
427 [
428 (a) identify a distributor or registrant's commercial feed; and
429 (b) distinguish the distributor or registrant's commercial feed from the commercial feed
430 of others.
431 [
432 or for mixing in feed.
433 (b) "Commercial feed" does not include:
434 (i) unadulterated, whole, unmixed seeds;
435 (ii) unadulterated, physically altered, entire, unmixed seeds; [
436 (iii) any unadulterated commodity that the department specifies by rule made in
437 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, including hay,
438 straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances,
439 unless the commodities, compounds, or substances are intermixed or mixed with other
440 materials[
441 (iv) a live, whole, or unprocessed animal that is not:
442 (A) adulterated; or
443 (B) misbranded; or
444 (v) an animal remedy that is not:
445 (A) adulterated; or
446 (B) misbranded.
447 [
448 (a) is an independent contractor; and
449 (b) in accordance with the terms of a contract:
450 (i) is provided commercial feed;
451 (ii) feeds the commercial feed to an animal; and
452 (iii) receives remuneration that is calculated in whole or in part by feed consumption,
453 mortality, profit, product amount, or product quality.
454 [
455 commercial feeds or feed ingredients, each batch of which is manufactured according to the
456 specific instructions of the final purchaser.
457 [
458 (a) offer for sale, sell, exchange, or barter commercial feed; or
459 (b) supply, furnish, or otherwise provide commercial feed to a contract feeder.
460 [
461 (a) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in
462 animals other than humans; and
463 (b) to affect the structure or any function of the animal body, unless the article is feed.
464 [
465 (10) "Home-produced" means a pet treat produced in a private home kitchen in the
466 state.
467 [
468 a commercial feed.
469 [
470 commercial feed for distribution.
471 [
472 mineral elements or inorganic nutrients.
473 [
474 bulk, that bears a label that:
475 (i) is false or misleading in any particular; or
476 (ii) does not strictly conform to the labeling requirements of Section 4-12-105.
477 (b) "Misbranded" includes commercial feed that is distributed under the name of
478 another commercial feed.
479 [
480 department in accordance with this chapter and designated as "official."
481 [
482 [
483 [
484 consumption by a pet.
485 (19) (a) "Pet treat" means commercial feed intended for pets that:
486 (i) is not intended to provide complete and balanced nutrition; and
487 (ii) is fed intermittently for training, reward, enjoyment, or other purposes.
488 (20) "Pharmaceutical" means a product prescribed for the treatment or prevention of
489 disease for veterinary purposes, including:
490 (a) a vaccine;
491 (b) a synthetic or natural hormone;
492 (c) an anesthetic;
493 (d) a stimulant; or
494 (e) a depressant.
495 [
496 (a) identifies the kind, class, or specific use of the commercial feed; and
497 (b) distinguishes the commercial feed from all other products bearing the same brand
498 name.
499 [
500 count.
501 (23) "Remedy" means:
502 (a) a drug;
503 (b) a combination of drugs;
504 (c) a pharmaceutical;
505 (d) a proprietary medicine;
506 (e) a veterinary biologic; or
507 (f) a combination of drugs and other ingredients.
508 [
509 nonproduction purposes, including rodents, ornamental birds, ornamental fish, reptiles,
510 amphibians, ferrets, hedgehogs, marsupials, and rabbits.
511 [
512 consumption by a specialty pet.
513 [
514 (27) "Veterinary biologic" means a biologic product used for veterinary purposes,
515 including:
516 (a) an antibiotic;
517 (b) an antiparasiticide;
518 (c) a growth promotant; or
519 (d) a bioculture product.
520 Section 11. Section 4-12-104 is amended to read:
521 4-12-104. Distribution of commercial and customer-formula feed -- Registration
522 or license required -- Application -- Fees -- Expiration -- Renewal.
523 (1) A home-produced pet treat:
524 (a) is exempt from Subsections (2), (4), (5)(a), and (6)(a); and
525 (b) is required to comply with Section 4-12-105.5.
526 [
527 registration from the department.
528 (b) Except as provided by Subsection [
529 registration from the department for each brand name of commercial feed by:
530 (i) submitting forms prescribed and furnished by the department; and
531 (ii) paying an annual registration fee, determined by the department pursuant to
532 Subsection 4-2-103(2).
533 (c) Upon receipt of the appropriate application forms and fee payment, the
534 commissioner shall issue a registration to the applicant allowing the applicant to distribute the
535 registered commercial feed in this state through December 31 of the year in which the
536 registration is issued, subject to suspension or revocation for cause.
537 [
538 (i) refuse registration to any commercial feed found to not be in compliance with this
539 chapter; and
540 (ii) cancel the registration of any commercial feed found to not be in compliance with
541 this chapter.
542 (b) A registration may not be refused or canceled unless the department gives the
543 registrant an opportunity to:
544 (i) be heard before the department; and
545 (ii) amend the registrant's application in order to comply with the requirements of this
546 chapter.
547 [
548 the feed, but is required to obtain a license from the department before distribution.
549 (b) A person shall apply for a license to distribute customer-formula feed from the
550 department by:
551 (i) submitting forms prescribed and furnished by the department; and
552 (ii) paying an annual license fee, determined by the department pursuant to Subsection
553 4-2-103(2).
554 (c) Upon receipt of the appropriate application forms and fee payment, the
555 commissioner shall issue a license to the applicant allowing the applicant to distribute
556 customer-formula feed in this state through December 31 of the year in which the license is
557 issued, subject to suspension or revocation for cause.
558 [
559 upon the payment of an annual registration renewal fee in an amount equal to the current
560 applicable original registration fee.
561 (b) Each registration renewal fee shall be paid on or before December 31 of each year.
562 [
563 upon the payment of an annual license renewal fee in an amount equal to the current applicable
564 original license fee.
565 (b) Each license renewal fee shall be paid on or before December 31 of each year.
566 Section 12. Section 4-12-105 is amended to read:
567 4-12-105. Labeling requirements for commercial and customer-formula feed
568 specified.
569 (1) A home-produced pet treat:
570 (a) is exempt from the provisions of this section, other than Subsection (3); and
571 (b) is required to comply with Section 4-12-105.5.
572 [
573 distributed in this state shall bear a label specifying:
574 (a) the name and principal mailing address of the manufacturer, distributor, or
575 registrant;
576 (b) the product name and brand name, if any, under which the commercial feed is
577 distributed;
578 (c) the common name of each feed ingredient used in the commercial feed, stated in the
579 manner prescribed by rule of the department, unless the department finds that a full statement
580 of ingredients is not required to serve the interests of a consumer;
581 (d) the guaranteed analysis of the feed, expressed on an as-is basis:
582 (i) advising the user of the feed composition; or
583 (ii) supporting claims made in the labeling;
584 (e) a quantity statement for the feed;
585 (f) the lot number or some other means of lot identification;
586 (g) adequate direction for the feed's safe and effective use; and
587 (h) precautionary statements, if necessary, or any information prescribed by rule of the
588 department considered necessary for the safe and effective use of the feed.
589 [
590 Act, the department may by rule authorize a label to use a collective term for a group of
591 ingredients that perform a similar function.
592 [
593 distributed in this state shall be accompanied by a printed or written statement specifying the
594 information in Subsections [
595 (b) The statement shall be delivered to the purchaser at the time the bulk feed is
596 delivered.
597 [
598 state shall be accompanied by a label, invoice, delivery slip, or other shipping document
599 specifying:
600 (a) the name and principal mailing address of the manufacturer;
601 (b) the name and principal mailing address of the purchaser;
602 (c) the date of delivery;
603 (d) the product name of each commercial feed;
604 (e) the quantity statement of each commercial feed;
605 (f) the net weight for each ingredient used that is not a commercial feed;
606 (g) except as provided in Subsection [
607 ingredient used in the mixture, stated in terms the department determines necessary to advise
608 the user of the feed composition or to support claims made on the label;
609 (h) directions for the feed's use;
610 (i) precautionary statements, if applicable; and
611 (j) any information considered necessary for the safe and effective use of the
612 customer-formula feed as prescribed by rule of the department.
613 [
614 formula, the information required by Subsection [
615 guaranteed analysis of each nutritional component the feed intends to deliver, stated in terms
616 the department determines necessary to advise the user of the feed composition.
617 [
618 (a) purpose of the medication;
619 (b) established name of each active drug ingredient; and
620 (c) amount of each drug included in the final mixture, expressed by weight, grams per
621 ton, or milligrams per pound.
622 Section 13. Section 4-12-105.5 is enacted to read:
623 4-12-105.5. Labeling and registration requirements for home-produced pet treats
624 specified.
625 (1) Each container of home-produced pet treats distributed in the state shall have a
626 label specifying:
627 (a) the name and principal mailing address of the manufacturer or registrant;
628 (b) the text "Assorted Pet Treats" and the brand name, if any, under which the pet treat
629 is distributed;
630 (c) the common name of each ingredient used in the pet treat, in descending order, by
631 predominance based on weight;
632 (d) a quantity statement for the treat;
633 (e) adequate direction for the treat's safe and effective use, if necessary; and
634 (f) precautionary statements, if necessary.
635 (2) (a) A home-produced pet treat:
636 (i) shall be registered as an "Assorted Pet Treat";
637 (ii) shall include a label with the registered name;
638 (iii) may not be distributed outside of the state; and
639 (iv) is restricted to retail sales only.
640 (b) A registration described in Subsection (2)(a)(i) covers all versions of a
641 home-produced pet treat.
642 Section 14. Section 4-13-102 is amended to read:
643 4-13-102. Definitions.
644 As used in this chapter:
645 (1) "Adulterated fertilizer" means a fertilizer or soil amendment that:
646 (a) contains a deleterious or harmful substance in sufficient amount to render it
647 injurious to beneficial plant life, animals, humans, aquatic life, soil, or water when applied in
648 accordance with the directions for use on the label;
649 (b) has a composition that falls below or differs from that which the composition is
650 purported to possess by the composition's labeling;
651 (c) contains unwanted crop or weed seed; or
652 (d) exceeds levels of metals permitted by the United States Environmental Protection
653 Agency.
654 (2) "Beneficial substances or compounds" means a substance or compound other than
655 primary, secondary, and micro plant nutrients that can be demonstrated by scientific research to
656 be beneficial to one or more species of plants when applied exogenously.
657 (3) "Biostimulant" means a product containing naturally-occurring substances and
658 microbes that are used to stimulate plant growth, enhance resistance to plant pests, and reduce
659 abiotic stress.
660 (4) "Blender" means a person engaged in the business of blending or mixing fertilizer,
661 soil amendments, or both.
662 (5) "Brand" means a term, design, or trade mark used in connection with one or several
663 grades of fertilizer or soil amendment.
664 (6) "Bulk fertilizer" means fertilizer delivered to the purchaser either in solid or liquid
665 state in a non-packaged form to which a label cannot be attached.
666 (7) "Custom blend" means a fertilizer blended according to specification provided to a
667 blender in a soil test nutrient recommendation or to meet the specific consumer request before
668 blending.
669 (8) "Deficiency" means the amount of nutrient found by analysis to be less than that
670 guaranteed.
671 (9) "Derivation" means the source from which the guaranteed nutrients are derived.
672 (10) "Distribute" means to import, consign, manufacture, produce, compound, mix,
673 blend, or to offer for sale, sell, barter, or supply fertilizer or soil amendments in the state.
674 (11) "Distributor" means a person who distributes.
675 (12) "Fertilizer" means a substance that contains one or more recognized plant
676 nutrients that is used for the substance's plant nutrient content and is designed for use or
677 claimed to have value in promoting plant growth, exclusive of unmanipulated animal and
678 vegetable manures, marl, lime, limestone, wood ashes, gypsum, and other products exempted
679 by rule.
680 (13) "Fertilizer material" means a fertilizer that contains:
681 (a) quantities of no more than one of the primary plant nutrients, nitrogen (N),
682 phosphate (P2O5), Potash (K2O);
683 (b) 85% plant nutrients in the form of a single chemical compound; or
684 (c) plant or animal residues or by-products, or a natural material deposit that is
685 processed so that its primary plant nutrients have not been materially changed, except through
686 purification and concentration.
687 (14) "Grade" means the percentage of total nitrogen, available phosphate and soluble
688 potash stated [
689
690
691
692
693 the guaranteed analysis.
694 (15) (a) "Guaranteed analysis" means the minimum percentage by weight of plant
695 nutrients claimed in the following order and form:
| 696 | Total Nitrogen (N) | ____ percent |
| 697 | Available Phosphate (P2O5) | ____ percent |
| 698 | Soluble Potash (K2O) | ____ percent |
700 other organic phosphate or degree of fineness may also be guaranteed.
701 (c) (i) Guarantees for plant nutrients other than nitrogen, phosphorus, and potassium
702 may be permitted or required by rule of the department.
703 (ii) The guarantees for such other nutrients shall be expressed in the form of the
704 element.
705 (iii) The sources of such other nutrients, such as oxides, salt, chelates, may be required
706 to be stated on the application for registration and may be included as a parenthetical statement
707 on the label.
708 (iv) Other beneficial substances or compounds, determinable by laboratory methods,
709 also may be guaranteed by permission of the department.
710 (v) Any plant nutrients or other substances or compounds guaranteed are subject to
711 inspection and analysis in accord with the methods and rules prescribed by the department.
712 (16) "Investigational allowance" means an allowance for variations inherent in the
713 taking, preparation, and analysis of an official sample of fertilizer or soil amendment.
714 (17) "Label" means the display of the written, printed, or graphic matter upon the
715 immediate container or statement accompanying a fertilizer or soil amendment.
716 (18) "Labeling" means the written, printed, or graphic matter upon or accompanying
717 fertilizer or soil amendment, or advertisements, brochures, posters, television and radio
718 announcements used in promoting the sale of fertilizers or soil amendments.
719 (19) "Lot" means a definite quantity identified by a combination of numbers, letters,
720 characters, or amount represented by a weight certificate from which every part is uniform
721 within recognized tolerances from which the distributor can be determined.
722 (20) "Micro plant nutrient" means boron, chlorine, colbalt, copper, iron, manganese,
723 molybdenum, nickel, sodium, and zinc.
724 (21) "Mixed fertilizer" means a fertilizer containing any combination or mixture of
725 fertilizer materials.
726 (22) "Nonplant food ingredient" means a substance or compound other than the
727 primary, secondary, or micro nutrients.
728 (23) "Official sample" means a sample of fertilizer or soil amendment taken by the
729 department and designated as "official."
730 (24) "Other ingredients" means the non-soil amending ingredients present in soil
731 amendments.
732 (25) "Percent" or "percentage" means the percentage by weight.
733 (26) "Plant amendment" means a substance applied to plants or seeds that is intended
734 to improve growth, yield, product quality, reproduction, flavor, or other favorable
735 characteristics of plants except fertilizer, soil amendments, agricultural liming materials,
736 animal and vegetable manure, pesticides, or plant regulators.
737 (27) "Primary nutrient" includes total nitrogen, available phosphate, and soluble
738 potash.
739 (28) "Registrant" means a person who registers a fertilizer or a soil amendment under
740 this chapter.
741 (29) "Secondary nutrient" includes calcium, magnesium, and sulfur.
742 (30) "Slow release fertilizer" means a fertilizer in a form that releases, or converts to a
743 plant-available form, plant nutrients at a slower rate relative to an appropriate reference soluble
744 product.
745 (31) "Soil amending ingredient" means a substance that will improve the physical,
746 chemical, biochemical, biological, or other characteristics of the soil.
747 (32) "Soil amendment" means a substance or a mixture of substances that is intended
748 to improve the physical, chemical, biochemical, biological, or other characteristics of the soil,
749 except fertilizers, agricultural liming materials, unmanipulated animal manures, unmanipulated
750 vegetable manures, or pesticides.
751 (33) "Specialty fertilizer" means fertilizer distributed primarily for non-farm use, such
752 as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries,
753 greenhouses, and nurseries.
754 (34) "Ton" means a net weight of 2,000 pounds avoirdupois.
755 Section 15. Section 4-16-102 is amended to read:
756 4-16-102. Definitions.
757 As used in this chapter:
758 (1) "Advertisement" means any representation made relative to seeds, plants, bulbs, or
759 ground stock other than those on the label of a seed container, disseminated in any manner.
760 (2) "Agricultural seed" includes:
761 (a) grass, forage, cereal, oil, fiber, and other kinds of crop seed commonly recognized
762 within this state as agricultural seed;
763 (b) lawn seed;
764 (c) combinations of the seed described in Subsections (2)(a) and (2)(b); and
765 (d) noxious weed seed, if the department determines by rule made in accordance with
766 Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that a noxious weed seed is being
767 used as agricultural seed.
768 (3) "Blend" means seed consisting of more than one variety of a kind, each in excess of
769 5% by weight of the whole.
770 (4) "Brand" means a word, name, symbol, number, or design used to:
771 (a) identify the seed of one person; and
772 (b) distinguish the seed of one person from the seed of another person.
773 (5) "Certifying agency" means:
774 (a) an agency authorized under the laws of a state, territory, or possession to officially
775 certify seed and that has standards and procedures approved by the United States Secretary of
776 Agriculture to assure the genetic purity and identity of the seed certified; or
777 (b) an agency of a foreign country determined by the United States Secretary of
778 Agriculture to adhere to procedures and standards for seed certification.
779 (6) "Coated seed" means seed that has been covered by a layer of materials that obscure
780 the original shape and size of the seed resulting in an increase of the weight of the seed.
781 [
782 treatment, germination, purity, kind, and variety of each lot of agricultural seed sold in this
783 state.
784 [
785
786 [
787
788 (b) "Complete record" includes seed samples and records of declarations, labels,
789 purchases, sales, conditioning, bulking, treatment, handling, storage, analyses, tests, and
790 examinations.
791 [
792 (a) could change the purity or germination of a seed; and
793 (b) require a seed lot to be retested to determine the label information.
794 [
795 produce pure seed that is at least 75% hybrid seed.
796 [
797 when provided the specified germination conditions for the kind of seed in question.
798 [
799 (a) grown for their blooms, ornamental foliage, or other ornamental parts; and
800 (b) commonly known and sold under the name of flower or wildflower seed in this
801 state.
802 [
803 produced and labeled in accordance with procedures officially recognized by a seed certifying
804 agency approved and accredited in this state.
805 (13) "Genuine grower declaration" means a statement signed by a grower which, for
806 each lot of seed, provides the:
807 (a) lot number;
808 (b) kind;
809 (c) variety, if known;
810 (d) origin;
811 (e) weight;
812 (f) year of production;
813 (g) date of shipment; and
814 (h) name of the person to whom the shipment was made.
815 [
816 embryo of those essential structures that are, for the kind of seed in question, indicative of the
817 ability to produce a normal plant under favorable conditions expressed in whole numbers.
818 [
819 germination test period because the seed has not absorbed water due to an impermeable seed
820 coat.
821 [
822 generation seed of a cross produced by controlling the pollination and by combining:
823 (i) two or more inbred lines;
824 (ii) one inbred or a single cross with an open pollinated variety; or
825 (iii) two selected clones, seed lines, varieties, or species.
826 (b) The department shall treat hybrid designations as variety names.
827 [
828 sterile florets, chaff, fungus bodies, and stones, as determined by methods defined by rule.
829 [
830 bacteria applied to seed.
831 [
832 or collectively are known by one common name, for example, corn, oats, alfalfa, and timothy.
833 [
834 accompanying and pertaining to any seeds, plants, bulbs, or ground stock whether in bulk or in
835 containers.
836 (b) "Label" includes a representation on an invoice, bill, or letterhead.
837 [
838 printed on a container or accompanying a lot of bulk seeds that:
839 (a) claims to specify the information required on the seed label by this chapter; and
840 (b) may include other information related to the labeled seed.
841 [
842 mark, every portion or bag of which is uniform within recognized tolerances for the factors that
843 appear in the labeling.
844 [
845 kind, each in excess of 5% by weight of the whole.
846 [
847 seed that:
848 (a) acts to retain sufficient moisture to support seed germination and sustain early
849 seedling growth;
850 (b) aids in the prevention of the evaporation of soil moisture;
851 (c) aids in the control of weeds; and
852 (d) aids in the prevention of erosion.
853 [
854 (a) prohibited noxious weed seeds; or
855 (b) restricted noxious weed seeds.
856 [
857 or plant deviates in one or more characteristics from the variety.
858 (b) "Off-type" may include a seed or plant that:
859 (i) is of another variety;
860 (ii) is not necessarily any variety;
861 (iii) results from cross-pollination by another kind or variety; or
862 (iv) results from uncontrolled self-pollination during production of hybrid seeds.
863 [
864 (a) for an indigenous stand of trees, the area on which the trees are growing; and
865 (b) for a nonindigenous stand of trees, the place from which the seeds or plants
866 originated.
867 [
868 kind or variety included in the pure seed, as determined by methods defined by rule.
869 [
870 association, receiver, trustee, or agent.
871 [
872 the commissioner that are prohibited from being present in agricultural, vegetable, flower, tree,
873 or shrub seed.
874 (b) "Prohibited noxious weed seeds" include the seeds of weeds that are highly
875 destructive and difficult to control by good cultural practices and the use of herbicides.
876 [
877 the seed being considered as determined by methods defined by rule.
878 [
879 commissioner that:
880 (a) are objectionable in agricultural crops, lawns, and gardens of this state; and
881 (b) can be controlled by good cultural practices or the use of herbicides.
882 [
883 purposes.
884 [
885 seed, tree and shrub seed, or seed for sprouting in a selected environment for the purpose of
886 obtaining plant growth.
887 [
888 compound 2, 3, 5 triphenyl tetrazolium chloride (TTC), as specified in Part II, Tetrazolium
889 Testing Handbook, Contribution Number 29, to the handbook on Seed Testing, prepared by the
890 Tetrazolium subcommittee of the Association of Official Seed Analysts, 2008 Edition.
891 [
892 (a) equal to the sum of percentage germination, percentage dormant seed, and
893 percentage hard seed; or
894 (b) determined by a tetrazolium test for species identified in the rules for testing or for
895 species for which there are no rules for testing.
896 [
897 been subjected to a process [
898 disease organisms, insects, or other pests that attack seeds or seedlings.
899 [
900 sold as tree and shrub seeds in this state.
901 [
902 varieties cannot be clearly differentiated except under special conditions.
903 [
904 (i) is distinct within the variety but occurs naturally in the variety;
905 (ii) is stable and predictable with a degree of reliability comparable to other varieties of
906 the same kind, within recognized tolerances, when the variety is reproduced or reconstituted;
907 and
908 (iii) was originally a part of the variety as released.
909 (b) "Variant" does not include an off-type.
910 [
911 (a) distinct, meaning a variety can be differentiated by one or more identifiable
912 morphological, physiological, or other characteristics from all other varieties of public
913 knowledge;
914 (b) uniform, meaning that variations in essential and distinctive characteristics are
915 describable; and
916 (c) stable, meaning a variety's essential and distinctive characteristics and uniformity
917 will remain unchanged when reproduced or reconstituted as required by the category of variety.
918 [
919 (a) grown in gardens or on truck farms; and
920 (b) generally known and sold under the name of vegetable or herb seed in this state.
921 [
922 within this state, as determined by methods defined by rule.
923 [
924 (45) "Wholesaler" is a person who predominantly supplies seed to a distributor rather
925 than a customer.
926 Section 16. Section 4-16-201 is amended to read:
927 4-16-201. Labeling requirements.
928 (1) A container of seed that is transported, sold, offered, or exposed for sale within this
929 state shall bear on the container or have attached to the container a printed label that:
930 (a) is in a conspicuous place;
931 (b) is plainly written in the English language;
932 (c) is in type no smaller than eight point;
933 (d) specifies the information required by this chapter; and
934 (e) does not modify or deny the information required by this chapter in the labeling or
935 on another label attached to the container.
936 (2) A container of agricultural seed offered or exposed for sale or transported for
937 sowing into this state shall be labeled with the following information:
938 (a) name of the kind and variety for each seed component in excess of 5% of the whole
939 and the percentage by weight of each component in the order of its predominance in columnar
940 form, provided that:
941 (i) the label shall specify the name of the variety or state "Variety Not Stated" or
942 "VNS," for any component that is required by rule of the department to be labeled as a variety;
943 (ii) a hybrid shall be labeled as a hybrid;
944 (iii) the word "mix," "mixture," or "blend" shall appear, if more than one component is
945 required to be named; and
946 (iv) the total of the percentages described in Subsections (2)(a), (2)(d), (2)(e), and
947 (2)(f) shall equal 100%;
948 (b) name and address of the person who labeled the seed, or the person who sells,
949 offers, or exposes the seed for sale in this state;
950 (c) lot number or other lot identification;
951 (d) percentage by weight of all weed seeds;
952 (e) percentage by weight of agricultural or crop seeds other than those named on the
953 label pursuant to Subsection (2)(a);
954 (f) percentage by weight of inert matter;
955 (g) name and rate of occurrence per pound of each kind of restricted noxious weed seed
956 present for which tolerance is permitted;
957 (h) origin, if known, of alfalfa, red clover, white clover, or field corn seed, except
958 hybrid corn, and, if the origin is unknown, that fact shall be stated;
959 (i) month and year seed tests were conducted for each named agricultural seed,
960 specifying:
961 (i) percentage of germination, exclusive of hard or dormant seed; and
962 (ii) percentage of hard or dormant seed, if present; and
963 (j) net weight or seed count.
964 (3) A container of lawn and turf seed or lawn and turf seed mixture offered or exposed
965 for sale or transported for sowing into this state shall be labeled with the following
966 information:
967 (a) name of the kind and variety for each lawn and turf seed component in excess of
968 5% of the whole, and the percentage by weight of each component in the order of its
969 predominance in columnar form, provided that:
970 (i) the label shall specify the name of the variety or state "Variety Not Stated" or
971 "VNS," for any component that is required by rule of the department to be labeled as a variety;
972 (ii) a hybrid shall be labeled as a hybrid; and
973 (iii) the total of the percentages described in Subsections (3)(a), (3)(d), (3)(e), and
974 (3)(f) shall equal 100%;
975 (b) name and address of the person who labeled the seed, or the person who sells,
976 offers, or exposes the seed for sale in this state;
977 (c) lot number or other lot identification;
978 (d) percentage by weight of all weed seeds;
979 (e) percentage by weight of agricultural or crop seeds other than those named on the
980 label pursuant to Subsection (3)(a);
981 (f) percentage by weight of inert matter;
982 (g) name and rate of occurrence per pound of each kind of restricted noxious weed seed
983 present for which tolerance is permitted;
984 (h) month and year seed tests were conducted for each named lawn and turf seed,
985 specifying:
986 (i) percentage of germination, exclusive of hard or dormant seed; and
987 (ii) percentage of hard or dormant seed, if present;
988 (i) the word "mix," "mixture," or "blend," if more than one component is required to be
989 named; and
990 (j) net weight or seed count.
991 (4) Vegetable seed in packets of one pound or less prepared for home gardens or
992 household plantings or vegetable seed preplanted in containers, mats, tapes, or other planting
993 devices shall be labeled with the following information:
994 (a) name of the kind and variety of seed, provided that a hybrid shall be labeled as a
995 hybrid;
996 (b) name and address of the person who labeled the seed, or the person who sells,
997 offers, or exposes the seed for sale in this state;
998 (c) (i) calendar month and year the germination test was completed and sell by date,
999 which may not be more than 12 months past the date of the germination test exclusive of the
1000 month of test;
1001 (ii) year for which the seed was packaged for sale, stated as "Packed for yy," or year of
1002 the seed sell by date, stated as "Sell by yy"; or
1003 (iii) calendar month and year the germination test was completed and the percentage
1004 germination, provided that the germination test was completed within the previous 12 months
1005 exclusive of the month of test;
1006 (d) seed with germination less than the germination standard last established for the
1007 seed by the department shall specify the:
1008 (i) percentage of germination, exclusive of hard or dormant seed;
1009 (ii) percentage of hard or dormant seed, if present; and
1010 (iii) words "Below Standard" in not less than eight-point type;
1011 (e) statement to indicate the minimum number of seeds or net weight in the container,
1012 if the seed are placed in a germination medium, mat, tape, or other device that makes it difficult
1013 to determine the quantity of the seed without removing the seed;
1014 (f) lot number or other lot identification;
1015 (g) the word "mix," "mixture," or "blend," if more than one component is required to
1016 be named; and
1017 (h) net weight or seed count.
1018 (5) Vegetable seed not described in Subsection (4) shall be labeled with the following
1019 information:
1020 (a) name of each kind and variety present in excess of 5% of the whole and the
1021 percentage by weight of each in order of its predominance in columnar form, provided that a
1022 hybrid shall be labeled as a hybrid;
1023 (b) name and address of the person who labeled the seed, or the person who sells,
1024 offers, or exposes the seed for sale in this state;
1025 (c) lot number or other lot identification;
1026 (d) month and year seed tests were conducted, for each named vegetable seed,
1027 specifying the:
1028 (i) percentage of germination, exclusive of hard or dormant seed; and
1029 (ii) percentage of hard or dormant seed, if present;
1030 (e) name and rate of occurrence per pound of each kind of restricted noxious-weed
1031 seed for which tolerance is permitted;
1032 (f) the word "mix," "mixture," or "blend," if more than one component is required to be
1033 named; and
1034 (g) net weight or seed count.
1035 (6) A flower seed packet of one pound or less prepared for use in home flower gardens
1036 or household plantings or flower seed in preplanted containers, mats, tapes, or other planting
1037 devices shall be labeled with the following information:
1038 (a) name of the kind and variety or a statement of type and performance characteristics
1039 of the seed as prescribed by rule made in accordance with Title 63G, Chapter 3, Utah
1040 Administrative Rulemaking Act, provided that:
1041 (i) a hybrid shall be labeled as a hybrid; and
1042 (ii) the word "mix," "mixture," or "blend" shall appear, if more than one component is
1043 required to be named;
1044 (b) name and address of the person who labeled the seed, or the person who sells,
1045 offers, or exposes the seed for sale in this state;
1046 (c) (i) calendar month and year the germination test was completed and the sell by date,
1047 which may not be more than 12 months past the date of the germination test exclusive of the
1048 month of the test;
1049 (ii) year for which the seed was packed for sale, stated as "Packed for yy," or year of
1050 the seed sell by date, stated as "Sell by yy"; or
1051 (iii) calendar month and year the germination test was completed and percentage
1052 germination, provided that the germination test was completed within the previous 12 months
1053 exclusive of the month of the test;
1054 (d) seed with germination less than the germination standard last established by the
1055 department shall specify the:
1056 (i) percentage of germination, exclusive of hard or dormant seed;
1057 (ii) percentage of hard or dormant seed, if present; and
1058 (iii) words "Below Standard" in not less than eight-point type; and
1059 (e) statement to indicate the minimum number of seeds or net weight in the container,
1060 if the seeds are placed in a germination medium, mat, tape, or other device that makes it
1061 difficult to determine the quantity of seed without removing the seed.
1062 (7) Flower seed not described in Subsection (6) offered or exposed for sale in this state
1063 shall be labeled with the following information:
1064 (a) name of the kind and variety or statement of the type and performance
1065 characteristics of the seed as prescribed by rule made in accordance with Title 63G, Chapter 3,
1066 Utah Administrative Rulemaking Act, provided that:
1067 (i) a hybrid shall be labeled as a hybrid; and
1068 (ii) the word "mix," "mixture," or "blend" shall appear, if more than one component is
1069 required to be named;
1070 (b) genus and species of wildflower and the subspecies, if appropriate, of wildflower;
1071 (c) name and address of the person who labeled the seed, or the person who sells,
1072 offers, or exposes the seed for sale in this state;
1073 (d) lot number or other lot identification;
1074 (e) percentage of germination, exclusive of hard or dormant seed;
1075 (f) percentage of hard or dormant seed, if present;
1076 (g) calendar month and year that testing was completed to determine percentages
1077 described in Subsections (7)(e) and (7)(f);
1078 (h) net weight or seed count; and
1079 (i) wildflower seed with a pure seed percentage of less than 90% shall specify the
1080 percentage by weight of:
1081 (i) each component listed in order of predominance;
1082 (ii) weed seed if present; and
1083 (iii) inert matter.
1084 (8) A container of tree and shrub seed that is sold, offered, or exposed for sale or
1085 transported for sowing into this state shall:
1086 (a) bear a label as required by Subsection (1), unless:
1087 (i) each bag or other container is clearly identified by a lot number stenciled on the
1088 container or the seed is in bulk; and
1089 (ii) under a contractual agreement the seed may bear a label by invoice accompanying
1090 the shipment or an analysis tag attached to the invoice; and
1091 (b) bear on the label the following information:
1092 (i) name of the seed and name of the subspecies, if appropriate;
1093 (ii) scientific name of the genus and species and scientific name of the subspecies, if
1094 appropriate;
1095 (iii) name and address of the person who labeled the seed, or the person who sells,
1096 offers, or exposes the seed for sale in this state;
1097 (iv) lot number or other lot identification;
1098 (v) information as to origin as follows:
1099 (A) seed collected from a predominantly indigenous stand shall specify the area of
1100 collection given by latitude and longitude, geographic description, or political subdivision such
1101 as state or county; and
1102 (B) seed collected from other than a predominantly indigenous stand shall specify
1103 identity of the area of collection and the origin of the stand or state "origin not indigenous";
1104 (vi) elevation or the upper and lower limits of elevation within which the seed was
1105 collected;
1106 (vii) purity as a percentage of pure seed by weight;
1107 (viii) percentage of germination, exclusive of hard or dormant seed;
1108 (ix) percentage of hard or dormant seed, if present;
1109 (x) calendar month and year the germination test was completed to determine
1110 percentages described in Subsections (8)(b)(viii) and (8)(b)(ix);
1111 (xi) the word "mix," "mixture," or "blend" shall appear, if more than one component is
1112 required to be named; and
1113 (xii) net weight.
1114 (9) A container of seed for sprouting that is offered or exposed for sale or transported
1115 for sowing into this state shall be labeled with the following information:
1116 (a) name and address of the person who labeled the seed, or the person who sells,
1117 offers, or exposes the seed for sale in this state;
1118 (b) name of the kind or kinds in order of predominance;
1119 (c) lot number or other identification;
1120 (d) percentage by weight of each pure seed component in excess of 5% of the whole,
1121 other crop seeds, inert matter, and weed seeds, if any;
1122 (e) percentage of germination of each pure seed component, exclusive of hard or
1123 dormant seed;
1124 (f) percentage of hard or dormant seed, if present;
1125 (g) calendar month and year the test was completed to determine percentages described
1126 in Subsections (9)(d) through (9)(f) or the year for which the seed was packaged;
1127 (h) the word "mix," "mixture," or "blend," if more than one component is required to
1128 be named; and
1129 (i) net weight or seed count.
1130 (10) A combination mulch, seed, and fertilizer product shall:
1131 (a) contain a minimum of 70% mulch;
1132 (b) bear a label with the word "combination" followed by the words "mulch - seed -
1133 fertilizer" on the upper 30% of the principal display panel, provided that the:
1134 (i) word "combination" shall be the largest and most conspicuous type on the container
1135 and equal to or larger than the product name; and
1136 (ii) words "mulch - seed - fertilizer" shall be no smaller than one-half the size of the
1137 word "combination" and in close proximity to the word "combination"; and
1138 (c) bear an analysis label for seed placed in a germination medium, mat, tape, or other
1139 device or mixed with mulch, specifying the following information:
1140 (i) name of each kind and variety;
1141 (ii) product name;
1142 (iii) lot number;
1143 (iv) percentage by weight of pure seed of each kind and variety named, including those
1144 less than 5% of the whole, provided that the total of the percentages described in Subsections
1145 (10)(c)(iv) through (10)(c)(vii) shall equal 100%;
1146 (v) percentage by weight of other crop seed;
1147 (vi) percentage by weight of inert matter, which may not be less than 70%;
1148 (vii) percentage by weight of weed seed;
1149 (viii) name and number of noxious weed seed per pound, if present;
1150 (ix) percentage of germination of each kind or kind and variety named;
1151 (x) percentage hard or dormant seed, if appropriate;
1152 (xi) date of germination test;
1153 (xii) name and address of tagger; and
1154 (xiii) net weight.
1155 (11) A product containing a combination of seed and granular fertilizer shall be labeled
1156 with the following information:
1157 (a) the word "combination" followed by the words "seed-fertilizer" on the upper 30%
1158 of the principal display panel provided that:
1159 (i) the word "combination" must be the largest and most conspicuous type on the
1160 container and equal to or larger than the product name; and
1161 (ii) the words "seed-fertilizer" shall be no smaller than one-half the size of the word
1162 "combination" and in close proximity to the word "combination"; and
1163 (b) an analysis label specifying the information listed in Subsection (10)(c) and the
1164 percentage by weight of the fertilizer, listed on a separate line as a component of the inert
1165 matter.
1166 (12) Coated seed shall be labeled with the:
1167 (a) information required by Subsections (2)(a) through (2)(e) and (2)(g);
1168 (b) percentage by weight of pure seed exclusive of coating material;
1169 (c) percentage by weight of coating material;
1170 (d) percentage by weight of inert material exclusive of coating material; and
1171 (e) percentage of germination, determined on 400 pellets with or without seed.
1172 Section 17. Section 4-18-306 is amended to read:
1173 4-18-306. Soil Health Advisory Committee.
1174 (1) The Soil Health Advisory Committee is created under the commission.
1175 (2) The Soil Health Advisory Committee shall assist the commission in administering
1176 the program.
1177 (3) The Soil Health Advisory Committee shall maintain no less than seven members
1178 appointed by the commissioner.
1179 (4) Soil Health Advisory Committee members shall include farmers, ranchers, or other
1180 agricultural producers of diverse production systems, including diversity in size, product,
1181 irrigated and dryland systems, and other production methods. Members may include:
1182 (a) an irrigated crop producer;
1183 (b) a dryland crop producer;
1184 (c) a dairyman or pasture producer;
1185 (d) a rancher;
1186 (e) a specialty crop or small farm producer;
1187 (f) a crop consultant;
1188 (g) a tribal representative;
1189 (h) a representative with expertise in soil health;
1190 (i) a committee member representative of the commission; or
1191 (j) a Utah Association of Conservation Districts representative.
1192 (5) At least two members of the Soil Health Advisory Committee shall be water users
1193 who own, lease, or represent owners of adjudicated water rights used for agricultural purposes.
1194 (6) Representation on the Soil Health Advisory Committee shall reflect the different
1195 geographic areas and demographic diversity of the state, to the greatest extent possible.
1196 (7) (a) The commissioner shall appoint members of the Soil Health Advisory
1197 Committee for [
1198 (b) Notwithstanding the requirements of Subsection (7)(a), the commissioner shall, at
1199 the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1200 Soil Health Advisory Committee members are staggered so that approximately half of the
1201 committee is appointed every two years.
1202 (c) An appointee to the Soil Health Advisory Committee may not serve more than two
1203 full terms.
1204 (8) A Soil Health Advisory Committee member shall hold office until the expiration of
1205 the term for which the member is appointed or until a successor has been duly appointed.
1206 (9) The commissioner may remove a member of the Soil Health Advisory Committee
1207 for cause.
1208 (10) The Soil Health Advisory Committee may invite a representative of the Utah
1209 Association of Conservation Districts, the United States Department of Agriculture Natural
1210 Resources Conservation Service, Utah State University faculty member, the Department of
1211 Natural Resources, Division of Water Rights, and Division of Water Quality, to provide
1212 technical expertise to the Soil Health Advisory Committee on an as needed basis.
1213 (11) The department will provide staff to manage the Soil Advisory Health Committee.
1214 (12) The Soil Health Advisory Committee shall make recommendations to the
1215 commission concerning and assist in:
1216 (a) setting program priorities;
1217 (b) developing the development of guidelines for the implementation of the program,
1218 including guidelines and recommendations for the qualifications of nonprofit entities to receive
1219 grant money;
1220 (c) soliciting input from similar stakeholders within each member's area of expertise
1221 and region of the state and communicate the Soil Health Advisory Committee's
1222 recommendations to the region and stakeholders represented by each member;
1223 (d) soliciting input, in collaboration with the department, from underserved agricultural
1224 producers;
1225 (e) soliciting input from producers that reflect the different geographic areas and
1226 demographic diversity of the state to the greatest extent possible;
1227 (f) identifying key questions and areas of need to recommend for future research and
1228 demonstration efforts;
1229 (g) reviewing soil health grant proposals, including proposed budgets, proposed grant
1230 outcomes, and the qualifications of any nonprofits applying for grants;
1231 (h) creating a screening and ranking system for proposals and proposing funding
1232 recommendations to the commission;
1233 (i) reviewing agreements for cooperation or collaboration entered into by the
1234 department pursuant to Subsection 4-18-305(1)(f) and making recommendations to the
1235 commission for approval;
1236 (j) reviewing and recommending soil health practices to ensure they support soil
1237 health;
1238 (k) evaluating the results and effectiveness of soil health activities and the program in
1239 improving soil health; and
1240 (l) recommending to the commission, ways to enhance statewide efforts to support
1241 healthy soils throughout the state.
1242 (13) The Soil Health Advisory Committee shall meet at least quarterly. Meetings shall
1243 be conducted as required by Title 52, Chapter 4, Open and Public Meetings Act.
1244 (14) A member may not receive compensation or benefits for the member's service, but
1245 may receive per diem and travel expenses in accordance with:
1246 (a) Section 63A-3-106;
1247 (b) Section 63A-3-107; and
1248 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1249 63A-3-107.
1250 Section 18. Section 4-24-205 is amended to read:
1251 4-24-205. Livestock on open range or outside enclosure to be branded -- Cattle
1252 upon transfer of ownership to be branded -- Exceptions.
1253 (1) (a) Subject to Subsections (1)(b) and (c), livestock may not forage upon an open
1254 range in this state or outside an enclosure unless the livestock bears a brand recorded in
1255 accordance with this chapter.
1256 (b) Swine, goats, and unweaned calves or colts are not required to bear a brand to
1257 forage upon open range or outside an enclosure.
1258 (c) Domesticated elk may not forage upon open range or outside an enclosure under
1259 any circumstances as provided in Chapter 39, Domesticated Elk Act.
1260 (2) (a) Except as provided in [
1261 sale or other transfer of ownership, shall be branded with the recorded brand of the new owner
1262 within 30 days after transfer of ownership.
1263 (b) Branding, upon change of ownership, is not required within the 30-day period for:
1264 (i) unweaned calves;
1265 (ii) registered or certified cattle;
1266 (iii) youth project calves, if the number transferred is less than five; or
1267 (iv) dairy cattle held on farms.
1268 (c) If the animal will be harvested within 60 days after the date of the sale or other
1269 transfer of ownership, no rebrand is required.
1270 Section 19. Section 4-24-301 is amended to read:
1271 4-24-301. State may be divided into brand inspection districts -- Description filed
1272 with county clerk and sheriff.
1273 (1) The commissioner, to facilitate and improve brand inspection, may divide the state
1274 into brand inspection districts.
1275 [
1276
1277 [
1278 commissioner, with the approval of the Livestock Brand Board.
1279 [
1280 established by the commissioner to assist in the enforcement of this chapter.
1281 Section 20. Section 4-30-106 is amended to read:
1282 4-30-106. Hearing on license application -- Notice of hearing.
1283 (1) Upon the filing of an application, the department [
1284 on the application in the city or town nearest the proposed site of the livestock market and
1285 cause notice of the time and place of the hearing together with a copy of the application to be
1286 forwarded by mail, not less than 15 days before the hearing date, to the following:
1287 (a) each licensed livestock market operator within the state; and
1288 (b) each livestock or other interested association or group of persons in the state that
1289 has filed written notice with the department requesting receipt of notice of such hearings.
1290 (2) Notice of the hearing shall be published 14 days before the scheduled hearing date:
1291 (a) in a daily or weekly newspaper of general circulation within the city or town where
1292 the hearing is scheduled; and
1293 (b) on the Utah Public Notice Website created in Section 63A-16-601.
1294 Section 21. Section 4-46-304 is enacted to read:
1295 4-46-304. Agriculture Conservation Easement Account.
1296 (1) There is created within the General Fund a restricted account known as the
1297 Agriculture Conservation Easement Account.
1298 (2) The Agriculture Conservation Easement Account consists of:
1299 (a) conservation easement stewardship fees;
1300 (b) grants from private foundations;
1301 (c) grants from local governments, the state, or the federal government;
1302 (d) grants from the Land Conservation Board created under Section 4-46-201;
1303 (e) donations from landowners for monitoring and enforcing compliance with
1304 conservation easements;
1305 (f) donations from any other person; and
1306 (g) interest on account money.
1307 (3) Upon appropriation by the Legislature, the department shall use money from the
1308 account to monitor and enforce compliance with conservation easements held by the
1309 department.
1310 (4) The department may not receive or expend donations from the account to acquire
1311 conservation easements.