Utah Code § 4-14-106 — Utah Code / Title 4 / Chapter 4-14 / § 4-14-106
§ 4-14-106. Department authorized to make and enforce rules.
Status: in_force

(1) The department may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to: (a) declare as a pest any form of plant or animal life that is injurious to health or the environment, except: (i) a human being; or (ii) a bacteria, virus, or other microorganism on or in a living person or animal; (b) establish, in accordance with the regulations issued by the EPA under 7 U.S.C. Sec. 136w(c)(2), whether pesticides registered for special local needs under the authority of 7 U.S.C. Sec. 136v(c) are highly toxic to man; (c) establish, consistent with EPA regulations, that certain pesticides or quantities of substances contained in these pesticides are injurious to the environment; (d) adopt a list of "restricted use pesticides" for the state or designated areas within the state if the department determines upon substantial evidence presented at a public hearing that restricted use is necessary to prevent damage to property or to the environment; (e) establish qualifications for a pesticide applicator business; (f) establish the training and supervision requirements described in Subsection 4-14-112(1) for an ornamental and turf technician; (g) establish what constitutes soliciting the application of a pesticide by, and the training requirements described in Subsection 4-14-112(2) for a salesperson; and (h) adopt any rule, not inconsistent with federal regulations issued under FIFRA, considered necessary to administer and enforce this chapter, including rules relating to the sale, distribution, use, and disposition of pesticides if necessary to prevent damage and to protect the public health. (2) The department shall report to the Natural Resources, Agriculture, and Environment Interim Committee by no later than the 2026 November interim meeting of that committee regarding a rule made under this chapter to implement requirements related to an ornamental and turf technician or salesperson permitted under Section 4-14-112.
Utah Code § 4-2-401 — Utah Code / Title 4 / Chapter 4-2 / § 4-2-401
§ 4-2-401. Appointment.
Status: in_force

The commissioner shall appoint a state veterinarian.
Utah Code § 4-11-103 — Utah Code / Title 4 / Chapter 4-11 / § 4-11-103
§ 4-11-103. Department authorized to make and enforce rules.
Status: in_force

(1) The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to make and enforce rules necessary for the administration and enforcement of this chapter. (2) The rules described in Subsection (1) shall include provisions for the identification of each apiary within the state.
Utah Code § 4-12-105 — Utah Code / Title 4 / Chapter 4-12 / § 4-12-105
§ 4-12-105. Labeling requirements for commercial and customer-formula feed specified.
Status: in_force

(1) A home-produced pet treat: (a) is exempt from the provisions of this section, other than Subsection (3); and (b) is required to comply with Section 4-12-105.5. (2) Except for customer-formula feed, each container of commercial feed distributed in this state shall bear a label specifying: (a) the name and principal mailing address of the manufacturer, distributor, or registrant; (b) the product name and brand name, if any, under which the commercial feed is distributed; (c) the common name of each feed ingredient used in the commercial feed, stated in the manner prescribed by rule of the department, unless the department finds that a full statement of ingredients is not required to serve the interests of a consumer; (d) the guaranteed analysis of the feed, expressed on an as-is basis: (i) advising the user of the feed composition; or (ii) supporting claims made in the labeling; (e) a quantity statement for the feed; (f) the lot number or some other means of lot identification; (g) adequate direction for the feed's safe and effective use; and (h) precautionary statements, if necessary, or any information prescribed by rule of the department considered necessary for the safe and effective use of the feed. (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may by rule authorize a label to use a collective term for a group of ingredients that perform a similar function. (4) (a) Except for customer-formula feed, each bulk shipment of commercial feed distributed in this state shall be accompanied by a printed or written statement specifying the information in Subsections (2)(a) through (h). (b) The statement shall be delivered to the purchaser at the time the bulk feed is delivered. (5) Each container or bulk shipment of customer-formula feed distributed in this state shall be accompanied by a label, invoice, delivery slip, or other shipping document specifying: (a) the name and principal mailing address of the manufacturer; (b) the name and principal mailing address of the purchaser; (c) the date of delivery; (d) the product name of each commercial feed; (e) the quantity statement of each commercial feed; (f) the net weight for each ingredient used that is not a commercial feed; (g) except as provided in Subsection (6), the quantity statement of each ingredient used in the mixture, stated in terms the department determines necessary to advise the user of the feed composition or to support claims made on the label; (h) directions for the feed's use; (i) precautionary statements, if applicable; and (j) any information considered necessary for the safe and effective use of the customer-formula feed as prescribed by rule of the department. (6) If the manufacturer of a customer-formula feed intends to protect a proprietary formula, the information required by Subsection (5)(g) may be substituted with a guaranteed analysis of each nutritional component the feed intends to deliver, stated in terms the department determines necessary to advise the user of the feed composition. (7) If a customer-formula feed contains a drug, the label shall include the: (a) purpose of the medication; (b) established name of each active drug ingredient; and (c) amount of each drug included in the final mixture, expressed by weight, grams per ton, or milligrams per pound.
Utah Code § 4-9-108 — Utah Code / Title 4 / Chapter 4-9 / § 4-9-108
§ 4-9-108. Adopting uniform regulation for the method of sale of commodities.
Status: in_force

Unless modified by the department, the Uniform Regulation for the Method of Sale of Commodities, adopted by the National Council on Weights and Measures, in Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality, National Institute of Standards and Technology, shall apply to the method of sale of commodities in the state.
Utah Code § 4-17-105 — Utah Code / Title 4 / Chapter 4-17 / § 4-17-105
§ 4-17-105. County weed control board -- Appointment -- Composition -- Terms -- Removal -- Compensation.
Status: in_force

(1) A county executive of a county may, with the advice and consent of the county legislative body, appoint a county weed control board comprised of not less than three nor more than five appointed members. (2) (a) If the county legislative body is the county commission, the chair of the county legislative body shall appoint one member of the county legislative body who shall act as a coordinator between the county and the county weed control board. (b) If the county legislative body is a county council: (i) for a county of the first class, the county executive or the county executive's designee shall serve on the county weed control board and act as coordinator between the county and the county weed control board; or (ii) for a county that is not a county of the first class, the county executive shall serve on the county weed control board and act as coordinator between the county and the county weed control board. (3) Two members of the board shall be farmers or ranchers whose primary source of income is derived from production agriculture. (4) Members are appointed to four year terms of office and serve with or without compensation as determined by each county legislative body. (5) Members may be removed for cause and any vacancy that occurs on a county weed control board shall be filled by appointment for the unexpired term of the vacated member.
Utah Code § 4-37-104 — Utah Code / Title 4 / Chapter 4-37 / § 4-37-104
§ 4-37-104. Department's responsibilities.
Status: in_force

(1) The department is responsible for enforcing laws and rules made by the Wildlife Board governing species of aquatic animals that may be imported into the state or possessed or transported within the state that are applicable to aquaculture or fee fishing facilities. (2) Subject to the policies and rules of the Fish Health Policy Board, the department shall: (a) act to prevent the outbreak and act to control the spread of disease-causing pathogens among aquatic animals in aquaculture and fee fishing facilities; and (b) act to prevent the spread of disease-causing pathogens from aquatic animals in, to be deposited in, or harvested from aquaculture or fee fishing facilities to wild aquatic animals, other animals, and humans.
Utah Code § 4-1-112 — Utah Code / Title 4 / Chapter 4-1 / § 4-1-112
§ 4-1-112. License by endorsement.
Status: in_force

(1) As used in this section, "license" means an authorization that permits the holder to engage in the practice of a profession regulated under this title. (2) Subject to Subsections (4) through (7), the department shall issue a license to an applicant who has been licensed in another state, district, or territory of the United States if: (a) the department determines that the license issued by the other state, district, or territory encompasses a similar scope of practice as the license sought in this state; (b) the applicant has at least one year of experience practicing under the license issued in the other state, district, or territory; and (c) the applicant's license is in good standing in the other state, district, or territory. (3) Subject to Subsections (4) through (7), the department may issue a license to an applicant who: (a) has been licensed in another state, district, or territory of the United States, or in a jurisdiction outside of the United States, if: (i) (A) the department determines that the applicant's education, experience, and skills demonstrate competency in the profession for which licensure is sought in this state; and (B) under the license issued in the other state, district, territory, or jurisdiction, the applicant has at least one year of experience or a lesser minimum amount of experience established by the department; or (ii) the department determines that the licensure requirements of the other state, district, territory, or jurisdiction at the time the license was issued were substantially similar to the requirements for the license sought in this state; or (b) has never been licensed in a state, district, or territory of the United States, or in a jurisdiction outside of the United States, if: (i) the applicant was educated in or obtained relevant experience in a state, district, or territory of the United States, or a jurisdiction outside of the United States; and (ii) the department determines that the education or experience was substantially similar to the education or experience requirements for the license sought in this state. (4) The department may refuse to issue a license to an applicant under this section if: (a) the department determines that there is reasonable cause to believe that the applicant is not qualified to receive the license in this state; or (b) the applicant has a previous or pending disciplinary action related to the applicant's other license. (5) Before the department issues a license to an applicant under this section, the applicant shall: (a) pay a fee determined by the department under Section 63J-1-504; and (b) produce satisfactory evidence of the applicant's identity, qualifications, and good standing in the profession for which licensure is sought in this state. (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescribing the administration and requirements of this section. (7) This section is subject to and may be supplemented or altered by licensure endorsement provisions or multistate licensure compacts in specific chapters of this title.
Utah Code § 4-13-106 — Utah Code / Title 4 / Chapter 4-13 / § 4-13-106
§ 4-13-106. Distribution of plant food not complying with labeling requirements prohibited -- Penalty assessed -- Court action to vacate or amend finding authorized -- Adulterated plant food.
Status: in_force

(1) A person may not distribute in this state a plant food if the official sample of the plant food establishes that the plant food is deficient in the nutrients or ingredients guaranteed on the label by an amount exceeding the values established by rule. (2) The department shall evaluate and take administrative action the department prescribes for a deficiency beyond the investigational allowances established by the department. (3) A registrant aggrieved by the finding of an official sample deficiency may file a complaint with a court with jurisdiction to vacate or amend the finding of the department. (4) A person may not distribute in this state a plant food that is adulterated.
Utah Code § 4-46-301 — Utah Code / Title 4 / Chapter 4-46 / § 4-46-301
§ 4-46-301. LeRay McAllister Working Farm and Ranch Fund.
Status: in_force

7/1/2026 (1) There is created a restricted account within the General Fund entitled the "LeRay McAllister Working Farm and Ranch Account." (2) The LeRay McAllister Working Farm and Ranch Account shall consist of: (a) appropriations by the Legislature; (b) grants from federal or private sources; (c) revenue paid in accordance with Section 59-2-506, 59-2-511, 59-2-1705, or 59-2-1710; and (d) interest and earnings from the account. (3) The Land Conservation Board created in Section 4-46-201 may use appropriations from the account in accordance with Section 4-46-302.
Utah Code § 4-24-306 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-306
§ 4-24-306. Movement across state line -- Brand inspection required -- Exception -- Request for brand inspection -- Time and place of inspection.
Status: in_force

(1) Except as provided in Subsection (2), a person may not drive or transport any cattle, calves, horses, domesticated elk, or mules from any place within this state to a place outside this state until the animal has been brand inspected. (2) Subsection (1) does not apply: (a) if the animals described in Subsection (1) customarily forage on an open range that transgresses the Utah state line and that of an adjoining state; (b) to rodeo stock that have received a current yearly brand inspection; or (c) to non-resident equine traveling to Utah for 30 or fewer days. (3) The owner or person responsible for driving or transporting the animals shall request the department to inspect the brands of the animals to be moved. (4) The department shall conduct the inspection at the time and place determined by the department.
Utah Code § 4-31-104 — Utah Code / Title 4 / Chapter 4-31 / § 4-31-104
§ 4-31-104. Penalty.
Status: in_force

A person who violates Section 4-31-102 or 4-31-103 is guilty of an infraction.
Utah Code § 4-5-203 — Utah Code / Title 4 / Chapter 4-5 / § 4-5-203
§ 4-5-203. Food processed, labeled, or repacked at another location -- Exemption from labeling requirements by rule.
Status: in_force

(1) The department shall adopt rules exempting food from any labeling requirement of this chapter that is, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that the food is not adulterated or misbranded under this chapter upon removal from such processing, labeling or repacking establishment. (2) (a) Regulations now or hereafter adopted under authority of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq., relating to the exemptions described in Subsection (1) are automatically effective in this state. (b) The department may adopt additional rules or amendments to existing rules concerning exemptions.
Utah Code § 4-13-105 — Utah Code / Title 4 / Chapter 4-13 / § 4-13-105
§ 4-13-105. Enforcement -- Inspection and samples authorized -- Methods for sampling and analysis prescribed -- Warrants.
Status: in_force

(1) The department shall periodically sample, inspect, analyze, and test plant food distributed within this state to determine whether the plant food complies with this chapter. (2) (a) The methods of sampling and analysis shall be those adopted by the AOAC International. (b) In a case not covered by the methods adopted under Subsection (2)(a), or in a case when a method is available in which improved applicability has been demonstrated, the department may adopt appropriate methods from other sources. (3) In determining whether a plant food is deficient, the department shall be guided solely by the official sample. (4) (a) The department may enter any public or private premises or carriers during regular business hours to have access to plant food and records relating to the distribution of plant food subject to this chapter. (b) If admittance is refused, the department may proceed immediately to obtain an ex parte warrant from the nearest court with jurisdiction to allow entry upon the premises for the purpose of making inspections and obtaining samples. (5) The department shall distribute the results of an official sample. (6) The department shall retain an official sample for a minimum of 90 days from the issuance of a report.
Utah Code § 4-39-307 — Utah Code / Title 4 / Chapter 4-39 / § 4-39-307
§ 4-39-307. Inspections -- Qualifications of inspectors.
Status: in_force

Health certification shall be based upon inspections carried out in accordance with standards specified by the department.
Utah Code § 4-32a-206 — Utah Code / Title 4 / Chapter 4-32a / § 4-32a-206
§ 4-32a-206. Transportation of slaughtered domesticated game.
Status: in_force

(1) Prior to transport, stunned or slaughtered domesticated game shall be tagged as described in department rule. (2) A domesticated game carcass intended for processing shall be transported in accordance with department rule.
Utah Code § 4-24-304 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-304
§ 4-24-304. Brand inspection required before slaughter -- Exceptions.
Status: in_force

(1) Except as provided in Subsections (2) and (3), a brand inspection is required before any cattle, calves, horses, domesticated elk, or mules are slaughtered. (2) (a) A person may slaughter cattle, calves, horses, or mules for that person's own use without a brand inspection if the requirements of Section 4-32-106 are met. (b) The department may authorize a custom exempt slaughter facility or a farm custom slaughter licensee to verify ownership of cattle, calves, horses, or mules before slaughter for the owner's use. (c) A custom exempt slaughter facility or farm custom slaughter licensee authorized by the department, shall verify ownership of cattle, calves, horses, or mules before slaughter for the owner's use. (d) If the department has reason to believe that a licensee or registrant is or has engaged in conduct that violates this chapter, the department shall issue a notice of agency action pursuant to Section 4-1-106. (3) The department may authorize a state or department employee to verify ownership of cattle or calves at a licensed meat establishment before slaughter, if there is no change in ownership of the cattle or calves.
Utah Code § 4-37-203 — Utah Code / Title 4 / Chapter 4-37 / § 4-37-203
§ 4-37-203. Transportation of aquatic animals to or from aquaculture facilities.
Status: in_force

(1) Any person holding a license for an aquaculture facility may transport the live aquatic animals specified on the license to the facility or to any person who has been issued a license or who is otherwise authorized by law to possess those aquatic animals. (2) Each transfer or shipment of live aquatic animals from or to an aquaculture facility within the state shall be accompanied by documentation of the source and destination of the fish, including: (a) name, address, license number, and health approval number of the source; (b) number and weight being shipped, by species; (c) name of the recipient; (d) address of the destination; and (e) (i) license number of the receiving facility; or (ii) location of the private fish pond or short-term fishing event when authorized to receive the aquatic animal without a certificate of registration under Division of Wildlife Resources rules.
Utah Code § 4-37-301 — Utah Code / Title 4 / Chapter 4-37 / § 4-37-301
§ 4-37-301. License required to operate a fee fishing facility.
Status: in_force

(1) A person may not operate a fee fishing facility without first obtaining a license from the department. (2) (a) Each application for a license to operate a fee fishing facility shall be accompanied by a fee. (b) The fee shall be established by the department in accordance with Section 63J-1-504. (3) The department shall coordinate with the Division of Wildlife Resources: (a) on the suitability of the proposed site relative to potential impacts on adjacent wild aquatic animal populations; and (b) in determining which species the holder of the license may possess or transport to or stock into the facility. (4) The department shall list on the license the species which the holder may possess or transport to or stock into the facility. (5) A person holding a license for an aquaculture facility may also operate a fee fishing facility without obtaining an additional license, if the fee fishing facility: (a) is in a body of water meeting the criteria of Section 4-37-111 which is connected with the aquaculture facility; (b) contains only those aquatic animals specified on the license for the aquaculture facility; and (c) is designated on the license for the aquaculture facility.
Utah Code § 4-45-104 — Utah Code / Title 4 / Chapter 4-45 / § 4-45-104
§ 4-45-104. Kratom processor and kratom retailer requirements -- Criminal penalty.
Status: in_force

(1) A kratom processor or kratom retailer may not prepare, possess, distribute, sell, or offer for sale a kratom product that: (a) is not pure leaf kratom; and (b) does not include a product label on the kratom product packaging that states the amount of mitragynine and 7-hydroxymitragynine contained in the packaged kratom product. (2) A kratom processor or kratom retailer who violates Subsection (1) is guilty of: (a) a class B misdemeanor for the first violation; (b) a class A misdemeanor for a second violation; and (c) a third degree felony for any subsequent violation. (3) A kratom processor or kratom retailer may not prepare, distribute, sell, or offer for sale a kratom product that is not registered with the department in accordance with this chapter. (4) (a) A kratom processor shall register as a food establishment in accordance with Section 4-5-301 and with the department as a kratom processor. (b) A kratom retailer shall register with the department as a kratom retailer. (c) The department may not register a person as a kratom retailer unless the kratom retailer is licensed as a retail tobacco specialty business under Sections 10-8-41.6 and 17-78-1004. (d) The department shall set a fee to register the following: (i) a kratom processor; and (ii) a kratom retailer. (e) The department shall: (i) set an administrative fine not to exceed $5,000 for a person who sells a kratom product if the person is not registered as a kratom processor or kratom retailer with the department; and (ii) assess the fine described in Subsection (4)(e)(i) against any person who offers a kratom product for sale in this state if the person is not registered as a kratom processor or kratom retailer. (5) Notwithstanding Subsection (1)(a), until March 6, 2027, a kratom processor may prepare, possess, distribute, sell, or offer for sale a kratom product that is not a pure leaf kratom product if the kratom product: (a) is not offered for retail sale or distribution in this state; (b) is manufactured and distributed for lawful sale in another state; and (c) does not contain 7-hydroxymitragynine at a level greater than 0.4% of the total kratom alkaloid composition of the product.
Utah Code § 4-16-102 — Utah Code / Title 4 / Chapter 4-16 / § 4-16-102
§ 4-16-102. Definitions.
Status: in_force

As used in this chapter: (1) "Advertisement" means any representation made relative to seeds, plants, bulbs, or ground stock other than those on the label of a seed container, disseminated in any manner. (2) "Agricultural seed" includes: (a) grass, forage, cereal, oil, fiber, and other kinds of crop seed commonly recognized within this state as agricultural seed; (b) lawn seed; (c) combinations of the seed described in Subsections (2)(a) and (2)(b); and (d) noxious weed seed, if the department determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that a noxious weed seed is being used as agricultural seed. (3) "Blend" means seed consisting of more than one variety of a kind, each in excess of 5% by weight of the whole. (4) "Brand" means a word, name, symbol, number, or design used to: (a) identify the seed of one person; and (b) distinguish the seed of one person from the seed of another person. (5) "Certifying agency" means: (a) an agency authorized under the laws of a state, territory, or possession to officially certify seed and that has standards and procedures approved by the United States Secretary of Agriculture to assure the genetic purity and identity of the seed certified; or (b) an agency of a foreign country determined by the United States Secretary of Agriculture to adhere to procedures and standards for seed certification. (6) "Coated seed" means seed that has been covered by a layer of materials that obscure the original shape and size of the seed resulting in an increase of the weight of the seed. (7) (a) "Complete record" means all information that relates to the origin, treatment, germination, purity, kind, and variety of each lot of agricultural seed sold in this state. (b) "Complete record" includes seed samples and records of declarations, labels, purchases, sales, conditioning, bulking, treatment, handling, storage, analyses, tests, and examinations. (8) "Conditioning" means drying, cleaning, scarifying, and other operations that: (a) could change the purity or germination of a seed; and (b) require a seed lot to be retested to determine the label information. (9) "Controlling the pollination" means to use a method of hybridization that will produce pure seed that is at least 75% hybrid seed. (10) "Dormant" means viable seed, excluding hard seed, that fail to germinate when provided the specified germination conditions for the kind of seed in question. (11) "Flower seed" includes the seed of herbaceous plants that are: (a) grown for their blooms, ornamental foliage, or other ornamental parts; and (b) commonly known and sold under the name of flower or wildflower seed in this state. (12) "Foundation seed," "registered seed," or "certified seed" means seed that is produced and labeled in accordance with procedures officially recognized by a seed certifying agency approved and accredited in this state. (13) "Genuine grower declaration" means a statement signed by a grower which, for each lot of seed, provides the: (a) lot number; (b) kind; (c) variety, if known; (d) origin; (e) weight; (f) year of production; (g) date of shipment; and (h) name of the person to whom the shipment was made. (14) "Germination" means the emergence and development from the seed embryo of those essential structures that are, for the kind of seed in question, indicative of the ability to produce a normal plant under favorable conditions expressed in whole numbers. (15) "Hard seed" means seed that remains hard at the end of the prescribed germination test period because the seed has not absorbed water due to an impermeable seed coat. (16) (a) "Hybrid," applied to kinds or varieties of seed, means the first generation seed of a cross produced by controlling the pollination and by combining: (i) two or more inbred lines; (ii) one inbred or a single cross with an open pollinated variety; or (iii) two selected clones, seed lines, varieties, or species. (b) The department shall treat hybrid designations as variety names. (17) "Inert matter" means all matter that is not seed, including broken seeds, sterile florets, chaff, fungus bodies, and stones, as determined by methods defined by rule. (18) "Inoculant" means a commercial preparation containing nitrogen-fixing bacteria applied to seed. (19) "Kind" means one or more related species or subspecies of seed that singly or collectively are known by one common name, for example, corn, oats, alfalfa, and timothy. (20) (a) "Label" means any written, printed, or graphic representation accompanying and pertaining to any seeds, plants, bulbs, or ground stock whether in bulk or in containers. (b) "Label" includes a representation on an invoice, bill, or letterhead. (21) "Labeling" includes a tag or other device attached to, written, stamped, or printed on a container or accompanying a lot of bulk seeds that: (a) claims to specify the information required on the seed label by this chapter; and (b) may include other information related to the labeled seed. (22) "Lot" means a definite quantity of seed identified by a number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors that appear in the labeling. (23) "Mixture" or "mix" or "mixed" means seed consisting of more than one kind, each in excess of 5% by weight of the whole. (24) "Mulch" means a protective covering of a suitable substance placed with seed that: (a) acts to retain sufficient moisture to support seed germination and sustain early seedling growth; (b) aids in the prevention of the evaporation of soil moisture; (c) aids in the control of weeds; and (d) aids in the prevention of erosion. (25) "Noxious weed seeds" means: (a) prohibited noxious weed seeds; or (b) restricted noxious weed seeds. (26) (a) "Off-type" means a seed or plant not part of the variety because the seed or plant deviates in one or more characteristics from the variety. (b) "Off-type" may include a seed or plant that: (i) is of another variety; (ii) is not necessarily any variety; (iii) results from cross-pollination by another kind or variety; or (iv) results from uncontrolled self-pollination during production of hybrid seeds. (27) "Origin" means: (a) for an indigenous stand of trees, the area on which the trees are growing; and (b) for a nonindigenous stand of trees, the place from which the seeds or plants originated. (28) "Other crop seed" means the seed of plants grown as crops other than the kind or variety included in the pure seed, as determined by methods defined by rule. (29) "Person" means an individual, partnership, corporation, company, association, receiver, trustee, or agent. (30) (a) "Prohibited noxious weed seeds" means those weed seeds determined by the commissioner that are prohibited from being present in agricultural, vegetable, flower, tree, or shrub seed. (b) "Prohibited noxious weed seeds" include the seeds of weeds that are highly destructive and difficult to control by good cultural practices and the use of herbicides. (31) "Pure seed" means seed exclusive of inert matter and all other seed not of the seed being considered as determined by methods defined by rule. (32) "Restricted noxious weed seeds" means those weed seeds determined by the commissioner that: (a) are objectionable in agricultural crops, lawns, and gardens of this state; and (b) can be controlled by good cultural practices or the use of herbicides. (33) "Seed for sprouting" means seed sold for sprouting for salad or culinary purposes. (34) "Sowing" means the placement of agricultural seed, vegetable seed, flower seed, tree and shrub seed, or seed for sprouting in a selected environment for the purpose of obtaining plant growth. (35) "Tetrazolium test (TZ)" means a biochemical seed viability test using the compound 2, 3, 5 triphenyl tetrazolium chloride (TTC), as specified in Part II, Tetrazolium Testing Handbook, Contribution Number 29, to the handbook on Seed Testing, prepared by the Tetrazolium subcommittee of the Association of Official Seed Analysts, 2008 Edition. (36) "Total viable" is: (a) equal to the sum of percentage germination, percentage dormant seed, and percentage hard seed; or (b) determined by a tetrazolium test for species identified in the rules for testing or for species for which there are no rules for testing. (37) "Treated" means that a seed has received an application of a substance or been subjected to a process designed to reduce, control, or repel disease organisms, insects, or other pests that attack seeds or seedlings. (38) "Tree and shrub seed" includes seed of woody plants commonly known and sold as tree and shrub seeds in this state. (39) "Type" means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. (40) (a) "Variant" means a seed or plant that: (i) is distinct within the variety but occurs naturally in the variety; (ii) is stable and predictable with a degree of reliability comparable to other varieties of the same kind, within recognized tolerances, when the variety is reproduced or reconstituted; and (iii) was originally a part of the variety as released. (b) "Variant" does not include an off-type. (41) "Variety" means a subdivision of a kind that is: (a) distinct, meaning a variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge; (b) uniform, meaning that variations in essential and distinctive characteristics are describable; and (c) stable, meaning a variety's essential and distinctive characteristics and uniformity will remain unchanged when reproduced or reconstituted as required by the category of variety. (42) "Vegetable seed" includes the seed of those crops that are: (a) grown in gardens or on truck farms; and (b) generally known and sold under the name of vegetable or herb seed in this state. (43) "Weed seed" means the seed of all plants generally recognized as weeds within this state, as determined by methods defined by rule. (44) "Weight" means the net weight of the commodity. (45) "Wholesaler" is a person who predominantly supplies seed to a distributor rather than a customer.
Utah Code § 4-17-113 — Utah Code / Title 4 / Chapter 4-17 / § 4-17-113
§ 4-17-113. County noxious weed control fund authorized.
Status: in_force

A commission may establish and maintain a noxious weed control fund in each county for use in the administration of this chapter.
Utah Code § 4-37-304 — Utah Code / Title 4 / Chapter 4-37 / § 4-37-304
§ 4-37-304. Sale or transfer of live aquatic animals from fee fishing facilities prohibited.
Status: in_force

Live aquatic animals may not be sold or transferred from fee fishing facilities.
Utah Code § 4-25-204 — Utah Code / Title 4 / Chapter 4-25 / § 4-25-204
§ 4-25-204. County legislative body authorized to adopt fence ordinance  -- Lawful fence to be specified by ordinance -- Dividing the county into divisions for different fencing regulations.
Status: in_force

(1) A county legislative body may, by ordinance, declare and enforce a general policy within the county for the fencing of farms, subdivisions, or other private property to allow domestic animals to graze without trespassing on farms, subdivisions, or other private property. (2) If an ordinance is adopted under Subsection (1), the county legislative body: (a) shall through ordinance declare and specify what constitutes a lawful fence; and (b) may divide the county into divisions and prescribe different fencing regulations for each division.
Utah Code § 4-22-106 — Utah Code / Title 4 / Chapter 4-22 / § 4-22-106
§ 4-22-106. Commission powers, duties, and functions.
Status: in_force

The commission has and shall exercise the following functions, powers, and duties: (1) to use one of the following means to administer the policies adopted, and perform the duties assigned, by the commission: (a) employ and fix the compensation of one or more individuals who are not members of the commission; or (b) retain and fix the compensation of an entity, including an entity engaged in activities similar to the commission; (2) to conduct a campaign of research, nutritional education, and publicity, showing the value of milk, cream, and dairy products; (3) to encourage local, national, and international use of Utah dairy products and by-products, through marketing or otherwise; (4) to investigate and participate in studies of problems peculiar to producers in Utah and to take the actions consistent with this chapter in an effort to promote, protect, and stabilize the state dairy industry; (5) to sue and be sued, prosecute actions in the name of the state for the collection of the assessment imposed by Section 4-22-201, enter into contracts, and incur indebtedness in furtherance of the commission's business activities; (6) to cooperate with any local, state, or national organization engaged in activities similar to those of the commission; (7) to accept grants, donations, or gifts for use consistent with this chapter; and (8) to do other things necessary for the efficient and effective management and operation of the commission's business.
Utah Code § 4-41a-201 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-201
§ 4-41a-201. Cannabis production establishment -- License.
Status: in_force

(1) Except as provided in Subsection (14), a person may not operate a cannabis production establishment without a license that the department issues under this chapter. (2) (a) (i) Subject to Subsections (6), (7), (8), and (13) and to Section 4-41a-205, for a licensing process that the department initiates after March 17, 2021, the department, through the licensing board, shall issue licenses in accordance with Section 4-41a-201.1. (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to specify a transparent and efficient process to: (A) solicit applications for a license under this section; (B) allow for comments and questions in the development of applications; (C) timely and objectively evaluate applications; (D) hold public hearings that the department deems appropriate; and (E) select applicants to receive a license. (iii) The department may not issue a license to operate a cannabis production establishment to an applicant who is not eligible for a license under this section. (b) An applicant is eligible for a license under this section if the applicant submits to the licensing board: (i) subject to Subsection (2)(c), a proposed name and each address, located in a zone described in Subsection 4-41a-406(2)(a) or (b), where the applicant will operate the cannabis production establishment; (ii) the name and address of any individual who has: (A) for a publicly traded company, a financial or voting interest of 10% or greater in the proposed cannabis production establishment; (B) for a privately held company, a financial or voting interest in the proposed cannabis production establishment; or (C) the power to direct or cause the management or control of a proposed cannabis production establishment; (iii) an operating plan that: (A) complies with Section 4-41a-204; (B) includes operating procedures that comply with this chapter and any law the municipality or county in which the person is located adopts that is consistent with Section 4-41a-406; and (C) the department or licensing board approves; (iv) a statement that the applicant will obtain and maintain a liquid cash account with a financial institution or a performance bond that a surety authorized to transact surety business in the state issues in an amount of at least: (A) $100,000 for each cannabis cultivation facility for which the applicant applies; or (B) $50,000 for each cannabis processing facility or independent cannabis testing laboratory for which the applicant applies; (v) an application fee in an amount that, subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504; and (vi) a description of any investigation or adverse action taken by any licensing jurisdiction, government agency, law enforcement agency, or court in any state for any violation or detrimental conduct in relation to any of the applicant's cannabis-related operations or businesses. (c) (i) A person may not locate a cannabis production establishment: (A) within 1,000 feet of a community location; or (B) in or within 600 feet of a district that the relevant municipality or county has zoned as primarily residential. (ii) The proximity requirements described in Subsection (2)(c)(i) shall be measured from the nearest entrance to the cannabis production establishment by following the shortest route of ordinary pedestrian travel to the property boundary of the community location or residential area. (iii) The licensing board may grant a waiver to reduce the proximity requirements in Subsection (2)(c)(i) by up to 20% if the licensing board determines that it is not reasonably feasible for the applicant to site the proposed cannabis production establishment without the waiver. (iv) An applicant for a license under this section shall provide evidence of compliance with the proximity requirements described in Subsection (2)(c)(i). (3) If the licensing board approves an application for a license under this section and Section 4-41a-201.1: (a) the applicant shall pay the department an initial license fee in an amount that, subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504; and (b) the department shall notify the Department of Public Safety of the license approval and the names of each individual described in Subsection (2)(b)(ii). (4) (a) Except as provided in this Subsection (4), a cannabis production establishment shall obtain a separate license for each type of cannabis production establishment and each location of a cannabis production establishment. (b) The licensing board may issue a cannabis cultivation facility license and a cannabis processing facility license to a person to operate at the same physical location or at separate physical locations. (c) A cannabis cultivation facility may operate at three addresses under a single license. (d) A tier one cannabis processing facility may operate at a second address under the same tier one license if: (i) the second address is co-located at a cannabis cultivation facility operated by the same licensee; and (ii) the licensee pays a fee of $70,000 for the second location. (e) An applicant for a tier two cannabis processing facility license that has a cannabis cultivation facility license and intends to process cannabis at the cannabis cultivation facility shall pay a fee of $25,000 for the tier two cannabis processing facility license. (5) If the licensing board receives more than one application for a cannabis production establishment within the same city or town, the licensing board shall consult with the local land use authority before approving any of the applications pertaining to that city or town. (6) The licensing board may not issue a license to operate an independent cannabis testing laboratory to a person who: (a) holds a license or has an ownership interest in a medical cannabis pharmacy, a cannabis processing facility, or a cannabis cultivation facility; (b) has an owner, officer, director, or employee whose family member holds a license or has an ownership interest in a medical cannabis pharmacy, a cannabis processing facility, or a cannabis cultivation facility; or (c) proposes to operate the independent cannabis testing laboratory at the same physical location as a medical cannabis pharmacy, a cannabis processing facility, or a cannabis cultivation facility. (7) The licensing board may not issue a license to operate a cannabis production establishment to an applicant if any individual described in Subsection (2)(b)(ii): (a) has been convicted under state or federal law of: (i) a felony in the preceding 10 years; or (ii) after December 3, 2018, a misdemeanor for drug distribution; (b) is younger than 21 years old; or (c) after September 23, 2019, until January 1, 2023, is actively serving as a legislator. (8) (a) If an applicant for a cannabis production establishment license under this section holds a license under Chapter 41, Hemp and Cannabinoid Act, the licensing board may not give preference to the applicant based on the applicant's status as a holder of the license. (b) If an applicant for a license to operate a cannabis cultivation facility under this section holds a license to operate a medical cannabis pharmacy under this title, the licensing board may give consideration to the applicant based on the applicant's status as a holder of a medical cannabis pharmacy license if: (i) the applicant demonstrates that a decrease in costs to patients is more likely to result from the applicant's vertical integration than from a more competitive marketplace; and (ii) the licensing board finds multiple other factors, in addition to the existing license, that support granting the new license. (9) The licensing board may revoke a license under this part: (a) if the cannabis production establishment does not begin cannabis production operations within one year after the day on which the licensing board issues the initial license; (b) after the third of the same violation of this chapter in any of the licensee's licensed cannabis production establishments or medical cannabis pharmacies; (c) if any individual described in Subsection (2)(b) is convicted, while the license is active, under state or federal law of: (i) a felony; or (ii) after December 3, 2018, a misdemeanor for drug distribution; (d) if the licensee fails to provide the information described in Subsection (2)(b)(vi) at the time of application, or fails to supplement the information described in Subsection (2)(b)(vi) with any investigation or adverse action that occurs after the submission of the application within 14 calendar days after the licensee receives notice of the investigation or adverse action; (e) if the cannabis production establishment demonstrates a willful or reckless disregard for the requirements of this chapter or the rules the department makes in accordance with this chapter; (f) if, after a change of ownership described in Subsection (15)(b), the board determines that the cannabis production establishment no longer meets the minimum standards for licensure and operation of the cannabis production establishment described in this chapter; (g) for an independent cannabis testing laboratory, if the independent cannabis testing laboratory fails to substantially meet the performance standards described in Subsection (14)(b); or (h) if, following an investigation conducted under Subsection 4-41a-201.1(11), the board finds that the licensee has participated in an anticompetitive business practice. (10) (a) A person who receives a cannabis production establishment license under this chapter, if the municipality or county where the licensed cannabis production establishment will be located requires a local land use permit, shall submit to the licensing board a copy of the licensee's approved application for the land use permit within 120 days after the day on which the licensing board issues the license. (b) If a licensee fails to submit to the licensing board a copy of the licensee's approved land use permit application in accordance with Subsection (10)(a), the licensing board may revoke the licensee's license. (11) The department shall deposit the proceeds of a fee that the department imposes under this section into the Qualified Production Enterprise Fund. (12) The department shall begin accepting applications under this part on or before January 1, 2020. (13) (a) The department's authority, and consequently the licensing board's authority, to issue a license under this section is plenary and is not subject to review. (b) Notwithstanding Subsection (2)(a)(ii), the decision of the department to award a license to an applicant is not subject to: (i) Title 63G, Chapter 6a, Part 16, Protests; or (ii) Title 63G, Chapter 6a, Part 17, Procurement Appeals Board. (14) (a) Notwithstanding this section, the department: (i) may operate or partner with a research university to operate an independent cannabis testing laboratory; (ii) if the department operates or partners with a research university to operate an independent cannabis testing laboratory, may not cease operating or partnering with a research university to operate the independent cannabis testing laboratory unless: (A) the department issues at least two licenses to independent cannabis testing laboratories; and (B) the department has ensured that the licensed independent cannabis testing laboratories have sufficient capacity to provide the testing necessary to support the state's medical cannabis market; and (iii) after ceasing department or research university operations under Subsection (14)(a)(ii) shall resume independent cannabis testing laboratory operations at any time if: (A) fewer than two licensed independent cannabis testing laboratories are operating; or (B) the licensed independent cannabis testing laboratories become, in the department's determination, unable to fully meet the market demand for testing. (b) (i) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish performance standards for the operation of an independent cannabis testing laboratory, including deadlines for testing completion. (ii) A license that the department issues to an independent cannabis testing laboratory is contingent upon substantial satisfaction of the performance standards described in Subsection (14)(b)(i), as determined by the board. (15) (a) A cannabis production establishment license is not transferrable or assignable. (b) If the ownership of a cannabis production establishment changes by 50% or more: (i) the cannabis production establishment shall submit a new application described in Subsection (2)(b), subject to Subsection (2)(c); (ii) within 60 days of the submission of the application, the board shall: (A) conduct the application review described in Section 4-41a-201.1; and (B) award a license to the cannabis production establishment for the remainder of the term of the cannabis production establishment's license before the ownership change if the cannabis production establishment meets the minimum standards for licensure and operation of the cannabis production establishment described in this chapter; and (iii) if the board approves the license application, notwithstanding Subsection (3), the cannabis production establishment shall pay a license fee that the department sets in accordance with Section 63J-1-504 in an amount that covers the board's cost of conducting the application review.
Utah Code § 4-33-108 — Utah Code / Title 4 / Chapter 4-33 / § 4-33-108
§ 4-33-108. Locking and sealing of pumps in violation of chapter -- Posting notice -- Removal of sealed fuel -- Resealing.
Status: in_force

(1) (a) The department may lock and seal any pump or other dispensing device that is in violation of this chapter. (b) If the department locks and seals a pump or other dispensing device pursuant to Subsection (1)(a), the department shall post a notice in a conspicuous place on the pump or other dispensing device stating that the device has been sealed by the department and to break or destroy the seal or to mutilate or alter the notice is unlawful. (2) (a) Any person who is aggrieved by the action of the department may advise the department that such person intends to remove the balance of the motor fuel from the tank or other container which contains the sealed motor fuel. (b) The department, within two working days after the receipt of such notice, shall break the seal or lock for the container to be emptied. (3) (a) If the aggrieved party fails to remove the sealed motor fuel within 24 hours after the department breaks the seal, the department may reseal the dispensing device. (b) The seal may not be broken nor the contents of any container removed, except after a subsequent written notice of intent to remove is filed with the department and upon the payment of a service charge determined by the department pursuant to Subsection 4-2-103(2). (c) A notice of intent to remove may be filed on paper or electronically.
Utah Code § 4-1-110 — Utah Code / Title 4 / Chapter 4-1 / § 4-1-110
§ 4-1-110. Growing or storing food for personal or family use.
Status: in_force

(1) As used in this section, "family food" means food owned by an individual that is intended for the individual's consumption, or for consumption by members of the individual's immediate family, that: (a) is legal for human consumption; (b) is lawfully possessed; and (c) poses no risk: (i) to health; (ii) of spreading plant pest infestation; or (iii) of spreading agricultural disease. (2) Family food that is grown by an individual on the individual's property is not subject to local or federal regulation if growth of the family food: (a) does not negatively impact the rights of adjoining property owners; and (b) complies with the food safety requirements of this title. (3) A government entity may not confiscate family food described in Subsection (2) or family food that is stored by the owner in the owner's home or dwelling. (4) (a) If any provision of this section or the application of any provision of this section to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of this section shall be given effect without the invalid provision or application. (b) The provisions of this section are severable.
Utah Code § 4-17-109 — Utah Code / Title 4 / Chapter 4-17 / § 4-17-109
§ 4-17-109. Notice of noxious weeds to be published annually in county -- Notice to particular property owners to control noxious weeds -- Methods of prevention or control specified -- Failure to control noxious weeds considered public nuisance.
Status: in_force

(1) Each county weed control board before May 1 of each year shall post a general notice of the noxious weeds within the county and publish the notice: (a) for the county, as a class A notice under Section 63G-30-102, for at least seven days; and (b) as required in Section 45-1-101. (2) (a) If the county weed control board determines that particular property within the county requires prompt and definite attention to prevent or control noxious weeds, the county weed control board shall serve the owner or the person in possession of the property, personally or by certified mail, a notice specifying when and what action is required to be taken on the property. (b) Methods of prevention or control may include definite systems of tillage, cropping, use of chemicals, and use of livestock. (3) An owner or person in possession of property who fails to take action to control or prevent the spread of noxious weeds as specified in the notice is maintaining a public nuisance.
Utah Code § 4-38-102 — Utah Code / Title 4 / Chapter 4-38 / § 4-38-102
§ 4-38-102. Definitions.
Status: in_force

As used in this chapter: (1) "Commission" means the Utah Horse Racing Commission created by this chapter. (2) "Executive director" means the executive director of the commission. (3) "Mixed meet" means a race meet that includes races by more than one breed of horse. (4) "Race meet" means the entire period of time for which a licensee has been approved to hold horse races. (5) "Racetrack facility" means a racetrack within Utah approved by the commission for the racing of horses, including the track surface, grandstands, clubhouse, all animal housing and handling areas, and other areas in which a person may enter only upon payment of an admission fee or upon presentation of authorized credentials. (6) "Recognized race meet" means a race meet recognized by a national horse breed association. (7) "Utah bred horse" means a horse that is sired by a stallion standing in Utah at the time the dam was bred.
Utah Code § 4-32-107 — Utah Code / Title 4 / Chapter 4-32 / § 4-32-107
§ 4-32-107. Meat establishment and farm custom slaughter licenses -- Application -- Fees -- Expiration -- Renewal.
Status: in_force

(1) A person may not operate a meat establishment in the state without a meat establishment license issued by the department. (2) (a) Application for a license to operate a meat establishment shall be made to the department upon a form prescribed and furnished by the department. (b) Upon receipt of a proper application, compliance with all applicable rules, and the payment of an annual license fee determined by the department according to Subsection 4-2-103(2), the commissioner, if satisfied that the public convenience and necessity will be served, shall issue a license allowing the applicant to operate a meat establishment through December 31 of the year in which the license is issued, subject to suspension or revocation for cause. (c) A meat establishment license is annually renewable on or before December 31 of each year, upon the payment of an annual license renewal fee in an amount determined by the department according to Subsection 4-2-103(2). (3) (a) Application for a farm custom slaughter license to engage in the business of slaughtering livestock or a nonamenable species shall be made to the department on a form prescribed and furnished by the department. (b) Upon receipt of a proper application, compliance with all applicable rules, and payment of a license fee in an amount determined by the department according to Subsection 4-2-103(2), the commissioner shall issue a license allowing the applicant to engage in farm custom slaughtering. (c) A farm custom slaughter license is annually renewable on or before December 31 of each year, upon the payment of an annual renewal license fee in an amount determined by the department according to Subsection 4-2-103(2).
Utah Code § 4-12-107 — Utah Code / Title 4 / Chapter 4-12 / § 4-12-107
§ 4-12-107. Suspension or revocation authorized -- Refusal to register or issue license authorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Costs.
Status: in_force

(1) Upon satisfactory evidence that a manufacturer, distributer, licensee, or registrant has used fraudulent or deceptive practices in the registration, licensing, or distribution of a commercial feed or customer-formula feed, the department may: (a) suspend or revoke the registration or license of any brand name of commercial feed or customer-formula feed; or (b) refuse to register or license any brand name or product of commercial feed or customer-formula feed. (2) (a) The department may issue a "stop sale, use, or removal order" to the distributor or owner of any commercial feed or lot of commercial feed that it finds or has reason to believe is misbranded, adulterated, or otherwise in violation of this chapter. (b) The order described in Subsection (2)(a) shall be in writing and no commercial feed subject to the order shall be moved, offered, or exposed for sale, except upon subsequent written release by the department. (c) Before an order release is issued, the department may require the distributor or owner of the "stopped" commercial feed or lot of commercial feed to pay the expense incurred by the department in connection with the withdrawal of the product from the market. (3) (a) The department is authorized in a court of competent jurisdiction to seek: (i) an order of seizure or condemnation of a commercial feed; (ii) a temporary restraining order; or (iii) a permanent injunction to prevent the violation of this chapter. (b) No bond shall be required of the department in an injunctive proceeding brought under this section. (4) If the court orders condemnation of a commercial feed, the commercial feed shall be disposed of as the court directs, provided the order gives the manufacturer, distributor, licensee, or registrant an opportunity to apply to the court for permission to: (a) relabel, reprocess, or otherwise bring the commercial feed into conformance with this chapter and administrative rules; or (b) remove the commercial feed from the state. (5) If the court orders condemnation, court costs, fees, storage, and other costs shall be awarded against the claimant of the commercial feed.
Utah Code § 4-7-107 — Utah Code / Title 4 / Chapter 4-7 / § 4-7-107
§ 4-7-107. Issuance of dealer and agent licenses -- Fees -- Deposit of bond or trust agreement -- Renewal -- Refusal to issue or renew license.
Status: in_force

(1) The commissioner, if satisfied that the convenience and necessity of the industry and the public will be served, shall issue a license to a dealer within 30 days after: (a) receipt of a proper application and financial statement; (b) payment of a license fee determined by the department pursuant to Subsection 4-2-103(2); and (c) the posting of a corporate surety bond, an irrevocable letter of credit, a trust fund agreement, or other security required by Section 4-7-108. (2) Upon proper application and payment of the license fee determined by the department pursuant to Subsection 4-2-103(2), the commissioner shall issue a license to conduct business as an agent. (3) A license issued under this chapter: (a) entitles the applicant to conduct the business described in the application through December 31 of the year in which the license is issued, subject to suspension or revocation for cause; and (b) is renewable for a period of one year upon: (i) receipt of a proper renewal application; and (ii) payment of an annual license renewal fee determined by the department pursuant to Subsection 4-2-103(2). (4) A license issued under this chapter shall at all times remain the property of the state, and the licensee is entitled to the license only for the duration of the license. (5) The department shall refuse to issue or renew a license if the applicant: (a) cannot produce a financial statement with sufficient assets to justify the amount of business the applicant contemplates, unless the application is for an agent's license; (b) is in violation of this chapter or rules adopted under this chapter; (c) has made a false or misleading statement as to the health or physical condition of livestock in connection with the buying, receiving, selling, exchanging, soliciting or negotiating the sale of, or the weighing of livestock; (d) has failed to keep records of purchases and sales or refused to grant inspection of those records by authorized agents of the department; (e) has failed to comply with a lawful order of the department; (f) has been found by the department to have failed to pay, without reasonable cause, obligations incurred in connection with the livestock transaction; (g) has been suspended by order of the secretary of agriculture of the United States Department of Agriculture under provisions of the Packers and Stockyards Act, 1921, 7 U.S.C. Sec. 181 et seq.; (h) employs a person required to be licensed whose license cannot be renewed or whose license is under suspension or revocation by the department or the United States Department of Agriculture; or (i) has any unsatisfied civil judgments related to an activity for which licensing is required by this chapter. (6) An applicant who has been refused a license or license renewal may not apply again for one year following refusal unless the department determines that the applicant is in compliance with this chapter.
Utah Code § 4-41a-903 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-903
§ 4-41a-903. Unlawful acts.
Status: in_force

(1) It is unlawful for a person who is not operating under the license of a medical cannabis research licensee to obtain or possess cannabis for academic medical cannabis research. (2) It is unlawful for a cannabis production establishment to offer, sell, or otherwise provide cannabis or cannabis products for the purpose of academic research to an entity that is not a medical cannabis research licensee. (3) The department may seize from a medical cannabis research licensee and destroy cannabis or cannabis products that do not comply with this chapter.
Utah Code § 4-41a-601 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-601
§ 4-41a-601. Cannabis processing facility -- Operating requirements -- General.
Status: in_force

A cannabis processing facility shall ensure that a cannabis product the cannabis processing facility sells complies with the requirements of this part.
Utah Code § 4-2-106 — Utah Code / Title 4 / Chapter 4-2 / § 4-2-106
§ 4-2-106. Submission of department's budget.
Status: in_force

(1) The commissioner, upon request of the governor, shall submit an itemized budget for the department to the governor. (2) The proposed budget described in Subsection (1) shall: (a) contain a complete plan of proposed expenditures and estimated revenues for the ensuing fiscal year; and (b) be accompanied by a statement setting forth the revenues and expenditures for the fiscal year next preceding and the current assets and liabilities of the department, including restricted revenue accounts and dedicated credits.
Utah Code § 4-11-107 — Utah Code / Title 4 / Chapter 4-11 / § 4-11-107
§ 4-11-107. Inspector -- Duties -- Diseased apiaries -- Examination of diseased bees by department -- Election to transport bees to wax-salvage plant.
Status: in_force

(1) The county bee inspector or the department may inspect: (a) all apiaries within the county at least once each year; and (b) immediately any apiary within the county that is alleged in a complaint to be severely diseased, parasitized, or abandoned. (2) If, upon inspection, the inspector determines that an apiary is diseased or parasitized, the inspector may take the following action based on the severity of the disease or parasite present: (a) prescribe the course of treatment that the owner or caretaker of the bees shall follow to eliminate the disease or parasite; (b) personally, for the purpose of treatment approved by the department, take control of the afflicted bees, hives, combs, broods, honey, and equipment; or (c) destroy the afflicted bees and, if necessary, their hives, combs, broods, honey, and all appliances that may have become infected. (3) If, upon reinspection, the inspector determines that the responsible party has not executed the course of treatment prescribed by Subsection (2), the inspector may take immediate possession of the afflicted colony for control or destruction in accordance with Subsection (2)(b) or (c). (4) (a) The owner of an apiary who is dissatisfied with the diagnosis or course of action proposed by an inspector under this section may, at the owner's expense, have the department examine the alleged diseased bees. (b) The decision of the commissioner with respect to the condition of bees at the time of the examination is final and conclusive upon the owner and the inspector involved.
Utah Code § 4-16-201 — Utah Code / Title 4 / Chapter 4-16 / § 4-16-201
§ 4-16-201. Labeling requirements.
Status: in_force

(1) A container of seed that is transported, sold, offered, or exposed for sale within this state shall bear on the container or have attached to the container a printed label that: (a) is in a conspicuous place; (b) is plainly written in the English language; (c) is in type no smaller than eight point; (d) specifies the information required by this chapter; and (e) does not modify or deny the information required by this chapter in the labeling or on another label attached to the container. (2) A container of agricultural seed offered or exposed for sale or transported for sowing into this state shall be labeled with the following information: (a) name of the kind and variety for each seed component in excess of 5% of the whole and the percentage by weight of each component in the order of its predominance in columnar form, provided that: (i) the label shall specify the name of the variety or state "Variety Not Stated" or "VNS," for any component that is required by rule of the department to be labeled as a variety; (ii) a hybrid shall be labeled as a hybrid; (iii) the word "mix," "mixture," or "blend" shall appear, if more than one component is required to be named; and (iv) the total of the percentages described in Subsections (2)(a), (2)(d), (2)(e), and (2)(f) shall equal 100%; (b) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state; (c) lot number or other lot identification; (d) percentage by weight of all weed seeds; (e) percentage by weight of agricultural or crop seeds other than those named on the label pursuant to Subsection (2)(a); (f) percentage by weight of inert matter; (g) name and rate of occurrence per pound of each kind of restricted noxious weed seed present for which tolerance is permitted; (h) origin, if known, of alfalfa, red clover, white clover, or field corn seed, except hybrid corn, and, if the origin is unknown, that fact shall be stated; (i) month and year seed tests were conducted for each named agricultural seed, specifying: (i) percentage of germination, exclusive of hard or dormant seed; and (ii) percentage of hard or dormant seed, if present; and (j) net weight or seed count. (3) A container of lawn and turf seed or lawn and turf seed mixture offered or exposed for sale or transported for sowing into this state shall be labeled with the following information: (a) name of the kind and variety for each lawn and turf seed component in excess of 5% of the whole, and the percentage by weight of each component in the order of its predominance in columnar form, provided that: (i) the label shall specify the name of the variety or state "Variety Not Stated" or "VNS," for any component that is required by rule of the department to be labeled as a variety; (ii) a hybrid shall be labeled as a hybrid; and (iii) the total of the percentages described in Subsections (3)(a), (3)(d), (3)(e), and (3)(f) shall equal 100%; (b) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state; (c) lot number or other lot identification; (d) percentage by weight of all weed seeds; (e) percentage by weight of agricultural or crop seeds other than those named on the label pursuant to Subsection (3)(a); (f) percentage by weight of inert matter; (g) name and rate of occurrence per pound of each kind of restricted noxious weed seed present for which tolerance is permitted; (h) month and year seed tests were conducted for each named lawn and turf seed, specifying: (i) percentage of germination, exclusive of hard or dormant seed; and (ii) percentage of hard or dormant seed, if present; (i) the word "mix," "mixture," or "blend," if more than one component is required to be named; and (j) net weight or seed count. (4) Vegetable seed in packets of one pound or less prepared for home gardens or household plantings or vegetable seed preplanted in containers, mats, tapes, or other planting devices shall be labeled with the following information: (a) name of the kind and variety of seed, provided that a hybrid shall be labeled as a hybrid; (b) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state; (c) (i) calendar month and year the germination test was completed and sell by date, which may not be more than 12 months past the date of the germination test exclusive of the month of test; (ii) year for which the seed was packaged for sale, stated as "Packed for yy," or year of the seed sell by date, stated as "Sell by yy"; or (iii) calendar month and year the germination test was completed and the percentage germination, provided that the germination test was completed within the previous 12 months exclusive of the month of test; (d) seed with germination less than the germination standard last established for the seed by the department shall specify the: (i) percentage of germination, exclusive of hard or dormant seed; (ii) percentage of hard or dormant seed, if present; and (iii) words "Below Standard" in not less than eight-point type; (e) statement to indicate the minimum number of seeds or net weight in the container, if the seed are placed in a germination medium, mat, tape, or other device that makes it difficult to determine the quantity of the seed without removing the seed; (f) lot number or other lot identification; (g) the word "mix," "mixture," or "blend," if more than one component is required to be named; and (h) net weight or seed count. (5) Vegetable seed not described in Subsection (4) shall be labeled with the following information: (a) name of each kind and variety present in excess of 5% of the whole and the percentage by weight of each in order of its predominance in columnar form, provided that a hybrid shall be labeled as a hybrid; (b) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state; (c) lot number or other lot identification; (d) month and year seed tests were conducted, for each named vegetable seed, specifying the: (i) percentage of germination, exclusive of hard or dormant seed; and (ii) percentage of hard or dormant seed, if present; (e) name and rate of occurrence per pound of each kind of restricted noxious-weed seed for which tolerance is permitted; (f) the word "mix," "mixture," or "blend," if more than one component is required to be named; and (g) net weight or seed count. (6) A flower seed packet of one pound or less prepared for use in home flower gardens or household plantings or flower seed in preplanted containers, mats, tapes, or other planting devices shall be labeled with the following information: (a) name of the kind and variety or a statement of type and performance characteristics of the seed as prescribed by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provided that: (i) a hybrid shall be labeled as a hybrid; and (ii) the word "mix," "mixture," or "blend" shall appear, if more than one component is required to be named; (b) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state; (c) (i) calendar month and year the germination test was completed and the sell by date, which may not be more than 12 months past the date of the germination test exclusive of the month of the test; (ii) year for which the seed was packed for sale, stated as "Packed for yy," or year of the seed sell by date, stated as "Sell by yy"; or (iii) calendar month and year the germination test was completed and percentage germination, provided that the germination test was completed within the previous 12 months exclusive of the month of the test; (d) seed with germination less than the germination standard last established by the department shall specify the: (i) percentage of germination, exclusive of hard or dormant seed; (ii) percentage of hard or dormant seed, if present; and (iii) words "Below Standard" in not less than eight-point type; and (e) statement to indicate the minimum number of seeds or net weight in the container, if the seeds are placed in a germination medium, mat, tape, or other device that makes it difficult to determine the quantity of seed without removing the seed. (7) Flower seed not described in Subsection (6) offered or exposed for sale in this state shall be labeled with the following information: (a) name of the kind and variety or statement of the type and performance characteristics of the seed as prescribed by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provided that: (i) a hybrid shall be labeled as a hybrid; and (ii) the word "mix," "mixture," or "blend" shall appear, if more than one component is required to be named; (b) genus and species of wildflower and the subspecies, if appropriate, of wildflower; (c) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state; (d) lot number or other lot identification; (e) percentage of germination, exclusive of hard or dormant seed; (f) percentage of hard or dormant seed, if present; (g) calendar month and year that testing was completed to determine percentages described in Subsections (7)(e) and (7)(f); (h) net weight or seed count; and (i) wildflower seed with a pure seed percentage of less than 90% shall specify the percentage by weight of: (i) each component listed in order of predominance; (ii) weed seed if present; and (iii) inert matter. (8) A container of tree and shrub seed that is sold, offered, or exposed for sale or transported for sowing into this state shall: (a) bear a label as required by Subsection (1), unless: (i) each bag or other container is clearly identified by a lot number stenciled on the container or the seed is in bulk; and (ii) under a contractual agreement the seed may bear a label by invoice accompanying the shipment or an analysis tag attached to the invoice; and (b) bear on the label the following information: (i) name of the seed and name of the subspecies, if appropriate; (ii) scientific name of the genus and species and scientific name of the subspecies, if appropriate; (iii) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state; (iv) lot number or other lot identification; (v) information as to origin as follows: (A) seed collected from a predominantly indigenous stand shall specify the area of collection given by latitude and longitude, geographic description, or political subdivision such as state or county; and (B) seed collected from other than a predominantly indigenous stand shall specify identity of the area of collection and the origin of the stand or state "origin not indigenous"; (vi) elevation or the upper and lower limits of elevation within which the seed was collected; (vii) purity as a percentage of pure seed by weight; (viii) percentage of germination, exclusive of hard or dormant seed; (ix) percentage of hard or dormant seed, if present; (x) calendar month and year the germination test was completed to determine percentages described in Subsections (8)(b)(viii) and (8)(b)(ix); (xi) the word "mix," "mixture," or "blend" shall appear, if more than one component is required to be named; and (xii) net weight. (9) A container of seed for sprouting that is offered or exposed for sale or transported for sowing into this state shall be labeled with the following information: (a) name and address of the person who labeled the seed, or the person who sells, offers, or exposes the seed for sale in this state; (b) name of the kind or kinds in order of predominance; (c) lot number or other identification; (d) percentage by weight of each pure seed component in excess of 5% of the whole, other crop seeds, inert matter, and weed seeds, if any; (e) percentage of germination of each pure seed component, exclusive of hard or dormant seed; (f) percentage of hard or dormant seed, if present; (g) calendar month and year the test was completed to determine percentages described in Subsections (9)(d) through (9)(f) or the year for which the seed was packaged; (h) the word "mix," "mixture," or "blend," if more than one component is required to be named; and (i) net weight or seed count. (10) A combination mulch, seed, and fertilizer product shall: (a) contain a minimum of 70% mulch; (b) bear a label with the word "combination" followed by the words "mulch - seed - fertilizer" on the upper 30% of the principal display panel, provided that the: (i) word "combination" shall be the largest and most conspicuous type on the container and equal to or larger than the product name; and (ii) words "mulch - seed - fertilizer" shall be no smaller than one-half the size of the word "combination" and in close proximity to the word "combination"; and (c) bear an analysis label for seed placed in a germination medium, mat, tape, or other device or mixed with mulch, specifying the following information: (i) name of each kind and variety; (ii) product name; (iii) lot number; (iv) percentage by weight of pure seed of each kind and variety named, including those less than 5% of the whole, provided that the total of the percentages described in Subsections (10)(c)(iv) through (10)(c)(vii) shall equal 100%; (v) percentage by weight of other crop seed; (vi) percentage by weight of inert matter, which may not be less than 70%; (vii) percentage by weight of weed seed; (viii) name and number of noxious weed seed per pound, if present; (ix) percentage of germination of each kind or kind and variety named; (x) percentage hard or dormant seed, if appropriate; (xi) date of germination test; (xii) name and address of tagger; and (xiii) net weight. (11) A product containing a combination of seed and granular fertilizer shall be labeled with the following information: (a) the word "combination" followed by the words "seed-fertilizer" on the upper 30% of the principal display panel provided that: (i) the word "combination" must be the largest and most conspicuous type on the container and equal to or larger than the product name; and (ii) the words "seed-fertilizer" shall be no smaller than one-half the size of the word "combination" and in close proximity to the word "combination"; and (b) an analysis label specifying the information listed in Subsection (10)(c) and the percentage by weight of the fertilizer, listed on a separate line as a component of the inert matter. (12) Coated seed shall be labeled with the: (a) information required by Subsections (2)(a) through (2)(e) and (2)(g); (b) percentage by weight of pure seed exclusive of coating material; (c) percentage by weight of coating material; (d) percentage by weight of inert material exclusive of coating material; and (e) percentage of germination, determined on 400 pellets with or without seed.
Utah Code § 4-24-404 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-404
§ 4-24-404. Livestock sold at market to be brand inspected -- Proceeds of sale may be withheld -- Distribution of withheld proceeds -- Effect of receipt of proceeds by department -- Deposit of proceeds -- Use of proceeds if ownership not established.
Status: in_force

(1) (a) Livestock may not be sold at any livestock market until after they have been brand inspected by the department. (b) The livestock market shall furnish to the buyer title to purchased livestock. (2) (a) Upon notice from the department that a question exists concerning the ownership of consigned livestock, the operator of the livestock market or meat packing plant shall withhold the proceeds from the sale of the livestock for 60 days to allow the consignor of the questioned livestock to establish ownership. (b) If the owner or consignor fails within 60 days to establish ownership to the satisfaction of the department, the proceeds of the sale shall be transmitted to the department. (c) Receipt of the proceeds by the department shall relieve the livestock market or meat packing plant from further responsibility for the proceeds. (3) (a) Proceeds withheld under Subsection (2) shall be deposited into the Utah Livestock Brand and Anti-Theft Account created in Section 4-24-501. (b) If ownership is not satisfactorily established within one year, the department shall use the proceeds for animal identification.
Utah Code § 4-39-201 — Utah Code / Title 4 / Chapter 4-39 / § 4-39-201
§ 4-39-201. Fencing, posts, and gates.
Status: in_force

(1) A domesticated elk facility shall, at a minimum, meet the requirements of this section and shall be constructed to prevent the movement of domestic elk and wild cervids into or out of the facility. (2) (a) All perimeter fences and gates shall be: (i) a minimum of eight feet above ground level; and (ii) constructed of hi-tensile steel. (b) At least the bottom four feet shall be mesh with a maximum mesh size of 6" x 6". (c) The remaining four feet shall be mesh with a maximum mesh size of 12" x 6". (3) The minimum wire gauge shall be 14-1/2 gauge for a 2 woven hi-tensile fence. (4) All perimeter gates at the entrances of a domesticated elk handling facility shall be locked, with consecutive or self-closing gates when animals are present. (5) Posts shall be: (a) (i) constructed of treated wood that is at least four inches in diameter; or (ii) constructed of a material with the strength equivalent of Subsection (5)(a)(i); (b) spaced no more than 30 feet apart if one stay is used, or 20 feet apart if no stays are used; and (c) at least eight feet above ground level and two feet below ground level. (6) Stays, between the posts, shall be: (a) constructed of treated wood or steel; (b) spaced no more than 15 feet from any post; and (c) at least eight feet above ground level, and two feet below ground level. (7) Corner posts and gate posts shall be braced wood or its strength equivalent.
Utah Code § 4-45a-105 — Utah Code / Title 4 / Chapter 4-45a / § 4-45a-105
§ 4-45a-105. Rulemaking.
Status: in_force

In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to implement this chapter.
Utah Code § 4-31-105 — Utah Code / Title 4 / Chapter 4-31 / § 4-31-105
§ 4-31-105. Outbreak of contagious or infectious disease -- Assistance of federal authorities.
Status: in_force

If there is an outbreak of contagious or infectious disease among domestic animals in this state that imperils livestock, the commissioner may request the assistance of the United States Department of Agriculture, Animal and Plant Health Inspection Service, in preventing the spread of the disease to other states.
Utah Code § 4-8-103 — Utah Code / Title 4 / Chapter 4-8 / § 4-8-103
§ 4-8-103. Definition.
Status: in_force

As used in this chapter, "products of agriculture" means any product useful to the human species that results from the application of the science and art of the production of plants, minerals, and animals.
Utah Code § 4-1-111 — Utah Code / Title 4 / Chapter 4-1 / § 4-1-111
§ 4-1-111. Exemptions from licensure.
Status: in_force

Except as otherwise provided by statute or rule, the following individuals may engage in the practice of an occupation or profession regulated by this title, subject to the stated circumstances and limitations, without being licensed under this title: (1) an individual licensed under the laws of this state, other than under this title, to practice or engage in an occupation or profession, while engaged in the lawful, professional, and competent practice of that occupation or profession; (2) an individual serving in the armed forces of the United States, the United States Public Health Service, the United States Department of Veterans Affairs, or any other federal agency while engaged in activities regulated under this title as a part of employment with that federal agency if the individual holds a valid license to practice the regulated occupation or profession issued by any other state or jurisdiction recognized by the department; and (3) the spouse of an individual serving in the armed forces of the United States or the spouse of a DOD civilian while the individual or DOD civilian is stationed within this state, if: (a) the spouse holds a valid license to practice the regulated occupation or profession issued by any other state or jurisdiction recognized by the department; and (b) the license is current and the spouse is in good standing in the state or jurisdiction of licensure.
Utah Code § 4-22-301 — Utah Code / Title 4 / Chapter 4-22 / § 4-22-301
§ 4-22-301. State disclaimer of liability.
Status: in_force

The state is not liable for the acts or omissions of the commission, commission officers, agents, or employees.
Utah Code § 4-5-502 — Utah Code / Title 4 / Chapter 4-5 / § 4-5-502
§ 4-5-502. Food designated as raw honey.
Status: in_force

(1) As used in this section: (a) "Honey" means the natural sweet substance produced by honeybees from nectar of plants or from secretions of living parts of plants that the bees collect, transform by combining with specific substances of their own, then deposit, dehydrate, store, and leave in the honeycomb to ripen and mature. (b) "Raw honey" means honey: (i) as it exists in the beehive or as obtained by extraction, settling, or straining; (ii) that is minimally processed; and (iii) that is not pasteurized. (2) Honey that is produced, packed, repacked, distributed, or sold in this state may only be labeled and designated as raw honey if it meets: (a) the definition of raw honey in this section; and (b) any additional requirements imposed by the department by rule. (3) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish labeling requirements consistent with the provisions of this section.
Utah Code § 4-5-103 — Utah Code / Title 4 / Chapter 4-5 / § 4-5-103
§ 4-5-103. Adulterated food specified.
Status: in_force

(1) A food is adulterated: (a) if the food bears or contains a poisonous or deleterious substance in a quantity that may ordinarily render the food injurious to health; (b) if the food bears or contains an added poisonous or added deleterious substance that is unsafe within the meaning of Subsection 4-5-204(1); (c) except as provided in Subsection (3), if the food: (i) is a raw agricultural commodity; and (ii) bears or contains a pesticide chemical that is unsafe within the meaning of 21 U.S.C. Sec. 346a; (d) if the food is, bears, or contains a food additive that is unsafe within the meaning of 21 U.S.C. Sec. 348; (e) if the food consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance; (f) if the food is otherwise unfit for food; (g) if the food has been produced, prepared, packed, or held under unsanitary conditions whereby the food may have: (i) become contaminated with filth; or (ii) been rendered diseased, unwholesome, or injurious to health; (h) if the food is, in whole or in part, the product of: (i) a diseased animal; (ii) an animal that has died other than by slaughter; or (iii) an animal that has fed upon the uncooked offal from a slaughterhouse; (i) if the food's container is composed, in whole or in part, of a poisonous or deleterious substance that may render the contents injurious to health; (j) if the food is intentionally subjected to radiation, unless the use of the radiation was in conformity with a rule or exemption in effect pursuant to Section 4-5-204, or 21 U.S.C. Sec. 348; (k) if the food: (i) is a meat or meat product; and (ii) (A) is in a casing, package, or wrapper: (I) through which a part of the casing, package, or wrapper's contents can be seen; and (II) that is colored or has markings that are colored, so as to be misleading or deceptive with respect to the color, quality, or kind of food to which the color is applied; or (B) contains or bears a color additive; (l) if the food is produce and is in violation of 21 C.F.R. Part 112; (m) if a valuable constituent is, in whole or in part, omitted or abstracted from a product and a substance is substituted wholly or in part; (n) if damage or inferiority is concealed; (o) if a substance is added, mixed, or packed with a product so as to: (i) increase the product's bulk or weight; (ii) reduce the product's quality or strength; or (iii) make the product appear better or of greater value; or (p) if the food: (i) is confectionery; and (ii) (A) has partially or completely imbedded in the food a nonnutritive object, unless the department determines that the nonnutritive object: (I) is of practical functional value to the confectionery product; and (II) would not render the product injurious or hazardous to health; (B) bears or contains alcohol, other than alcohol derived solely from the use of flavoring extracts, that does not exceed .05% by volume; or (C) bears or contains a nonnutritive substance, unless: (I) the nonnutritive substance is a safe nonnutritive substance that is in or on the confectionery for a practical functional purpose in the manufacture, packaging, or storing of the confectionery; and (II) the use of the nonnutritive substance does not promote deception of the consumer or otherwise result in adulteration or misbranding in violation of this chapter. (2) The department may, for the purpose of avoiding or resolving uncertainty as to the application of Subsection (1)(p)(ii)(C), issue rules allowing or prohibiting the use of a particular nonnutritive substance. (3) Notwithstanding Section 4-5-204, the residue of a pesticide chemical remaining in or on a processed food is not considered unsafe if: (a) the pesticide chemical is used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed under 21 U.S.C. Sec. 346a; (b) the residue of the pesticide chemical in or on the raw agricultural commodity is removed to the extent possible in good manufacturing practice; (c) the raw agricultural commodity is subjected to processing such as canning, cooking, freezing, dehydrating, or milling; and (d) the concentration of the residue in the processed food when ready to eat is no greater than the tolerance prescribed for the raw agricultural commodity.
Utah Code § 4-9-111 — Utah Code / Title 4 / Chapter 4-9 / § 4-9-111
§ 4-9-111. Enforcement powers of department -- Penalties.
Status: in_force

(1) For the purpose of enforcing this chapter, the department may: (a) enter any commercial premises during normal working hours after the presentation of credentials; (b) issue in writing a "stop-use, hold, or removal order" with respect to any weights or measures commercially used or a "stop sale, use, or removal order" with respect to any packaged commodity or bulk commodity offered for sale; (c) impose a civil penalty for a violation of this chapter, consistent with Subsection (3); (d) seize as evidence, without formal warrant, any incorrect or unapproved weight, measure, package, or commodity offered for sale or sold in violation of this chapter; (e) (i) seek an order of seizure or condemnation of any weight, measure, package, or sale from bulk that violates this chapter; or (ii) upon proper grounds, obtain a temporary restraining order or permanent injunction to prevent a violation of this chapter; and (f) stop any commercial vehicle and after presenting credentials: (i) inspect the vehicle's contents; (ii) require the person in charge of the vehicle to produce any documents in the person's possession concerning the contents; or (iii) require the person in charge of the vehicle to proceed with the vehicle to some specified place for inspection. (2) If an order has been issued under Subsection (1)(b), the weights, measures, or commodities subject to the order may not be used, moved, or offered for sale until the department issues a written release. (3) (a) A person that violates a provision of this chapter or a rule or order issued under the authority of this chapter is subject to: (i) for a first violation, a notice of violation by the department; (ii) for a second violation, the cost to the department of an inspection; (iii) for a third violation, a civil penalty not to exceed $500 and the cost to the department of an inspection; (iv) for a fourth violation, a civil penalty not to exceed $1,000 and the cost to the department of an inspection; (v) for a fifth violation, a civil penalty not to exceed $5,000 and the cost to the department of an inspection; and (vi) for a sixth or subsequent violation, a civil penalty not to exceed $10,000 and the cost to the department of an inspection. (b) The department may not impose a civil penalty described in Subsection (3)(a) for a third or subsequent violation sooner than 30 days from the day on which the department imposed a previous civil penalty. (c) The department shall deposit a civil penalty collected under this section into the General Fund as a dedicated credit to be used by the department for the enforcement of this chapter. (4) A bond may not be required of the department in any injunctive proceeding brought under this section.
Utah Code § 4-19-102 — Utah Code / Title 4 / Chapter 4-19 / § 4-19-102
§ 4-19-102. Department responsible for conduct and administration of rural rehabilitation program.
Status: in_force

The department shall conduct and administer the rural rehabilitation program within the state in accordance with the agreement entered into in January 1975, between the United States of America through its Farm Home Administration and the state through its commissioner.
Utah Code § 4-41-103.4 — Utah Code / Title 4 / Chapter 4-41 / § 4-41-103.4
§ 4-41-103.4. Industrial hemp laboratory testing.
Status: in_force

The department or a laboratory contracted with the department: (1) may test industrial hemp and cannabinoid products; (2) may dispose of non-compliant material; and (3) shall dispose of waste and unused material related to a cannabinoid product in accordance with hazardous waste laws.
Utah Code § 4-39-108 — Utah Code / Title 4 / Chapter 4-39 / § 4-39-108
§ 4-39-108. Deposit of fees.
Status: in_force

The department shall deposit all fees collected under this chapter into the Utah Livestock Brand and Anti-Theft Account created in Section 4-24-501.
Utah Code § 4-23-104 — Utah Code / Title 4 / Chapter 4-23 / § 4-23-104
§ 4-23-104. Agricultural and Wildlife Damage Prevention Board created -- Composition -- Appointment -- Terms -- Vacancies -- Compensation.
Status: in_force

(1) There is created an Agricultural and Wildlife Damage Prevention Board composed of the commissioner and the director of the Division of Wildlife Resources who shall serve, respectively, as the board's chair and vice chair together with seven other members appointed by the governor to four-year terms of office as follows: (a) one sheep producer representing wool growers of the state; (b) one cattle producer representing range cattle producers of the state; (c) one person from an organization representing the agricultural interests of the state; (d) one agricultural landowner representing agricultural landowners of the state; (e) one person representing the wildlife interests of the state; (f) one person from the United States Forest Service; and (g) one person from the United States Bureau of Land Management. (2) Appointees' term of office shall commence June 1. (3) (a) Except as required by Subsection (3)(b), as terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term. (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years. (4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term. (5) (a) Attendance of five members at a duly called meeting shall constitute a quorum for the transaction of official business. (b) The board shall convene at the times and places prescribed by the chair or vice chair. (6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Utah Code § 4-1-105 — Utah Code / Title 4 / Chapter 4-1 / § 4-1-105
§ 4-1-105. Code enforcement -- Inspection authorized -- Condemnation or seizure -- Injunctive relief -- Costs awarded -- County or district attorney to represent state -- Criminal actions -- Witness fee.
Status: in_force

(1) To enforce a provision in this title, the department may: (a) enter, at reasonable times, and inspect a public or private premises where an agricultural product is located; and (b) obtain a sample of an agricultural product at no charge to the department, unless otherwise specified in this title. (2) The department may proceed immediately, if admittance is refused, to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow entry to the premises to inspect or obtain a sample. (3) (a) The department is authorized in a court of competent jurisdiction to: (i) seek an order of seizure or condemnation of an agricultural product that violates this title; or (ii) upon proper grounds, obtain a temporary restraining order or temporary or permanent injunction to prevent violation of this title. (b) The court may not require a bond of the department in an injunctive proceeding brought under this section. (4) (a) If the court orders condemnation, the department shall dispose of the agricultural product as the court directs. (b) The court may not order condemnation without giving the claimant of the agricultural product an opportunity to apply to the court for permission to: (i) bring the agricultural product into conformance; or (ii) remove the agricultural product from the state. (5) If the department prevails in an action authorized by Subsection (3)(a), the court shall award court costs, fees, storage, and other costs to the department. (6) (a) Unless otherwise specifically provided by this title, the county attorney of the county in which the product is located or the act is committed shall represent the department in an action commenced under authority of this section. (b) The attorney general shall represent the department in an action to enforce: (i) Chapter 3, Utah Dairy Act; or (ii) Chapter 5, Utah Wholesome Food Act. (7) (a) In a criminal action brought by the department for violation of this title, the county attorney or district attorney in the county in which the alleged criminal activity occurs shall represent the state. (b) Before the department pursues a criminal action, the department shall first give to the person the department intends to have charged: (i) written notice of the department's intent to file criminal charges; and (ii) an opportunity to present, personally or through counsel, the person's views with respect to the contemplated action. (8) A witness subpoenaed by the department for whatever purpose is entitled to: (a) a witness fee for each day of required attendance at a proceeding initiated by the department; and (b) mileage in accordance with the fees and mileage allowed a witness appearing in a district court of this state.
Utah Code § 4-37-302 — Utah Code / Title 4 / Chapter 4-37 / § 4-37-302
§ 4-37-302. Acquisition of aquatic animals for use in fee fishing facilities.
Status: in_force

(1) Live aquatic animals intended for use in fee fishing facilities may be purchased or acquired only from: (a) aquaculture facilities within the state that have a license and health approval number; (b) public aquaculture facilities within the state that have a health approval number; or (c) sources outside the state that are health approved pursuant to Part 5, Health Approval. (2) (a) A person holding a license for a fee fishing facility shall submit to the department an annual report of all live fish purchased or acquired. (b) The report shall contain the following information: (i) name, address, and license number of the seller or supplier; (ii) number and weight by species; (iii) date of purchase or transfer; and (iv) name, address, and license number of the receiver. (c) The report shall be submitted to the department before a license is renewed or a subsequent license is issued.
Utah Code § 4-39-203 — Utah Code / Title 4 / Chapter 4-39 / § 4-39-203
§ 4-39-203. License required to operate a domesticated elk facility.
Status: in_force

(1) A person may not operate a domesticated elk facility without first obtaining a license from the department. (2) (a) An application for a license to operate a domesticated elk facility shall be accompanied by a fee. (b) The fee shall be established by the department in accordance with Section 63J-1-504. (3) An applicant for a domesticated elk facility license shall submit an application providing all information in the form and manner as required by the department. (4) (a) The department may not issue a license until the department inspects and approves the facility. (b) The department shall: (i) notify the Division of Wildlife Resources at least 48 hours before a scheduled inspection so that a Division of Wildlife Resources representative may be present at the inspection; and (ii) provide the Division of Wildlife Resources with copies of all licensing and inspection reports. (5) Each separate location of the domesticated elk operation shall be licensed separately. (6) (a) If a domesticated elk facility is operated under more than one business name from a single location, the name of each operation shall be listed with the department in the form and manner required by the department. (b) The department shall require that a separate fee be paid for each business name listed. (c) If a domesticated elk facility operates under more than one business name from a single location, each facility shall maintain separate records. (7) A person with an equity interest in the domesticated elk shall be listed on the application for license. (8) A domesticated elk facility license shall expire on June 30 in the year following the year of issuance. (9) A licensee shall report to the department, in the form and manner required by the department, any change in the information provided in the licensee's application or in the reports previously submitted, within 15 days of each change. (10) A license issued pursuant to this section is not transferable.
Utah Code § 4-33-101 — Utah Code / Title 4 / Chapter 4-33 / § 4-33-101
§ 4-33-101. Title.
Status: in_force

This chapter shall be known as the "Motor Fuel Inspection Act."
Utah Code § 4-34-104 — Utah Code / Title 4 / Chapter 4-34 / § 4-34-104
§ 4-34-104. County surplus food collection and distribution system.
Status: in_force

(1) To accomplish the purposes of Section 4-34-103, any county may establish and publicize the availability of a surplus food collection and distribution system and may provide information to donee organizations concerning the availability of agricultural products and to donors concerning organizations that desire or need donated agricultural products. (2) Any nonprofit charitable organization needing agricultural products on a regular basis may be listed with the county for the purpose of receiving notice that the products are available.
Utah Code § 4-9-113 — Utah Code / Title 4 / Chapter 4-9 / § 4-9-113
§ 4-9-113. Bulk sales -- Information furnished to purchaser.
Status: in_force

Whenever the quantity is determined solely by the seller, in the absence of the buyer, all bulk sales of heating fuel and other bulk sales as determined by the department shall be accompanied by a delivery ticket containing the following information: (1) the name and address of the vendor and purchaser; (2) the date delivered; (3) the quantity delivered and the quantity upon which the price is based, if different from the delivered quantity; (4) a description of the bulk material sold, including any quality representation made in connection with the sale; and (5) the number of individually wrapped packages.
Utah Code § 4-39-104 — Utah Code / Title 4 / Chapter 4-39 / § 4-39-104
§ 4-39-104. Domesticated Elk Act advisory council.
Status: in_force

(1) The department shall establish a Domesticated Elk Act advisory council to give advice and make recommendations on policies and rules adopted pursuant to this chapter. (2) The advisory council shall consist of 10 members appointed by the commissioner of agriculture to four-year terms as follows: (a) one member, recommended by the executive director of the Department of Natural Resources, shall represent the Department of Natural Resources; (b) two members, one of whom shall be the state veterinarian, shall represent the Department of Agriculture; (c) one member shall represent the livestock industry; (d) one member, recommended by the executive director of the Department of Natural Resources from a list of candidates submitted by the Division of Wildlife Resources, shall represent wildlife interests; and (e) five members, recommended by the Department of Agriculture, shall represent the domesticated elk industry. (3) Notwithstanding the requirements of Subsection (2), the commissioner shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of council members are staggered so that approximately half of the council is appointed every two years. (4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term. (5) (a) A majority of the advisory council constitutes a quorum. (b) A quorum is necessary for the council to act. (6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Utah Code § 4-9-112 — Utah Code / Title 4 / Chapter 4-9 / § 4-9-112
§ 4-9-112. Sale of commodities in liquid form -- Sale of commodities in nonliquid form -- Requirements.
Status: in_force

(1) Commodities in liquid form shall be sold by liquid measure or by weight. (2) Commodities not in liquid form shall be sold only by weight, measure, or by count, as long as the method of sale provides accurate quantity information.
Utah Code § 4-32-103 — Utah Code / Title 4 / Chapter 4-32 / § 4-32-103
§ 4-32-103. Adoption of federal provisions.
Status: in_force

(1) The following federal laws, regulations, and standards are adopted by reference: (a) 9 C.F.R. Part 300 through Part 500 and Part 590; (b) the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq.; (c) the Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq.; (d) the Humane Slaughter Act, 7 U.S.C. Sec. 1901 et seq.; and (e) the Egg Product Inspection Act, 21 U.S.C. 1031 et seq. (2) Changes to the federal laws, regulations, and standards referenced in Subsection (1) are considered incorporated as those changes are made.
Utah Code § 4-18-202 — Utah Code / Title 4 / Chapter 4-18 / § 4-18-202
§ 4-18-202. Salinity Offset Fund.
Status: in_force

(1) (a) There is created an expendable special revenue fund known as the "Salinity Offset Fund." (b) The fund shall consist of: (i) money received from the Division of Water Quality that has been collected as part of the Colorado River Salinity Offset Program; (ii) grants from local governments, the state, or the federal government; (iii) grants from private entities; and (iv) interest on fund money. (2) (a) The department shall: (i) subject to the rules established under Subsection (2)(a)(ii), distribute fund money to farmers, ranchers, mutual irrigation companies, and other entities in the state to assist in financing irrigation, rangeland, and watershed improvement projects that will, in accordance with the Colorado River Salinity Offset Program, reduce salinity in the Colorado River; and (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules establishing: (A) a project funding application process; (B) project funding requirements; (C) project approval criteria; and (D) standards for evaluating the effectiveness of funded projects in reducing salinity in the Colorado River. (b) The department may require entities seeking fund money to provide matching funds. (c) The department shall submit to the Division of Water Quality proposed funding projects for the division's review and approval. (d) The Division of Water Quality and the department shall establish a committee to review and approve projects, as funding allows. (3) (a) Except as provided in Subsection (3)(b), the department may use fund money for the administration of the fund, but this amount may not exceed 10% of the receipts to the fund. (b) The department may not use earned interest for administration of the fund.
Utah Code § 4-17-111 — Utah Code / Title 4 / Chapter 4-17 / § 4-17-111
§ 4-17-111. Hearing before county weed control board -- Appeal of decision to the county legislative body -- Judicial review.
Status: in_force

(1) Any person served with notice to control noxious weeds may request a hearing to appeal the terms of the notice before the county weed control board within 10 days of receipt of such notice and may appeal the decision of the county weed control board to the county legislative body. (2) Any person served with notice to control noxious weeds who has had a hearing before both the county weed control board and the county legislative body may further appeal the decision of the county legislative body by filing written notice of appeal with a court of competent jurisdiction.
Utah Code § 4-32-120 — Utah Code / Title 4 / Chapter 4-32 / § 4-32-120
§ 4-32-120. Rules for the construction and operation of meat establishments authorized.
Status: in_force

(1) For the purposes of administering this chapter and qualifying meat establishments for licenses, the department may adopt sanitary inspection rules and regulations, including those pertaining to the construction, equipment, and facilities of meat establishments. (2) The rules shall conform with the regulations made under the federal acts.
Utah Code § 4-14-107 — Utah Code / Title 4 / Chapter 4-14 / § 4-14-107
§ 4-14-107. Enforcement -- Inspection and sampling authorized -- Notice of deficiency to be given registrant -- Objects of inspection delineated -- Warrants.
Status: in_force

(1) The department, to determine compliance with this chapter, shall periodically: (a) sample, inspect, and analyze pesticides distributed within this state; (b) observe and investigate the use and application of pesticides within this state; and (c) inspect equipment used to apply pesticides in this state to determine if the equipment complies with this chapter. (2) (a) If a pesticide sample, upon analysis, fails to comply with this chapter, the department shall give written notice to that effect to the registrant or owner of the pesticide. (b) Nothing in this chapter, however, shall be construed as requiring the department to refer minor violations for criminal prosecution or for the institution of condemnation proceedings if the department believes the public interest will best be served through informal action. (3) The department, for the purpose of enforcing this section, is authorized at reasonable times to enter any private or public premises for the purpose of: (a) inspecting any equipment used in applying pesticides; (b) inspecting or sampling lands actually or reported to be exposed to pesticides; (c) inspecting storage or disposal areas; (d) investigating complaints of injury to animals or lands; (e) sampling pesticides wherever located, including in vehicles; or (f) observing the use and application of a pesticide. (4) The department may proceed immediately, if admittance is refused, to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for any purpose specified in Subsection (3) of this section.
Utah Code § 4-14-109 — Utah Code / Title 4 / Chapter 4-14 / § 4-14-109
§ 4-14-109. Examination requirements for license to act as applicator may be waived through reciprocal agreement.
Status: in_force

The department may waive an examination requirement specified in rule for a noncommercial, commercial, or private certified applicator through a reciprocal agreement with another state whose examination requirements and standards for licensure are substantially similar to those of Utah.
Utah Code § 4-17-107 — Utah Code / Title 4 / Chapter 4-17 / § 4-17-107
§ 4-17-107. County weed control board responsible for control of noxious weeds -- Cooperation with other county boards -- Authority to designate noxious weed -- Public hearing before removal of noxious weed from state list.
Status: in_force

(1) A county weed control board is responsible, under the general direction of the county executive, for the formulation and implementation of a county-wide coordinated noxious weed control program designed to prevent and control noxious weeds within the board's county. (2) A county weed control board is required, under the general direction of the board's commission, to cooperate with other county weed control boards to prevent and control the spread of noxious weeds. (3) (a) A county legislative body may declare a particular weed or competitive plant, not appearing on the state noxious weed list, a county noxious weed within the board's county. (b) A county executive, with the approval of the county legislative body, may petition the commissioner for removal of a particular noxious weed from the state noxious weed list. (c) The county legislative body may not approve a petition of the county executive to the commissioner to remove a noxious weed unless the county legislative body has first conducted a public hearing after due notice.
Utah Code § 4-25-201 — Utah Code / Title 4 / Chapter 4-25 / § 4-25-201
§ 4-25-201. Possession of estrays -- Determination and location of owner -- Sale -- Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from liability.
Status: in_force

(1) (a) Except as provided in Section 4-25-202, a county shall: (i) take physical possession of an estray the county finds within county boundaries; (ii) attempt to determine the name and location of the estray's owner; and (iii) contact the local brand inspector. (b) The department shall assist a county that requests its help in determining the name and location of the owner or other person responsible for the estray. (c) (i) Notwithstanding the requirements of Title 67, Chapter 4a, Revised Uniform Unclaimed Property Act, if the county cannot determine the estray's owner, or, if having determined ownership, neither the county nor the department is able to locate the owner within a reasonable period of time, the estray shall be sold at a livestock or other appropriate market. (ii) The proceeds of a sale under Subsection (1)(c)(i), less the costs described in Subsection (1)(c)(iii), shall be paid to the county selling the estray. (iii) The livestock or other market conducting the sale under Subsection (1)(c)(i) may deduct the cost of feed, transportation, and other market costs from the proceeds of the sale. (2) A county shall publish notice of the sale of an estray within the county where the estray was taken into custody, as a class A notice under Section 63G-30-102, for at least 10 days before the date of the sale. (3) A purchaser of an estray sold under this section shall receive title to the estray free and clear of all claims of the estray's owner and a person claiming title through the owner. (4) A county that complies with the provisions of this section is immune from liability for the sale of an estray sold at a livestock or other appropriate market. (5) Notwithstanding the requirements of Subsection (1)(c), a county may employ a licensed veterinarian to euthanize an estray if the licensed veterinarian determines that the estray's physical condition prevents the estray from being sold.
Utah Code § 4-7-201 — Utah Code / Title 4 / Chapter 4-7 / § 4-7-201
§ 4-7-201. Department authority -- Examination and investigation of transactions -- Notice of agency action upon probable cause -- Settlement of disputes -- Cease and desist order -- Enforcement -- Review.
Status: in_force

(1) For the purpose of enforcing this chapter the department may, upon the department's own motion, or shall, upon the verified complaint of an interested consignor, investigate, examine, or inspect any transaction involving: (a) the solicitation, receipt, sale, or attempted sale of livestock by a dealer or person assuming to act as a dealer; (b) the failure to make a correct account of sales; (c) the intentional making of a false statement about market conditions or the condition or quantity of livestock consigned; (d) the failure to remit payment in a timely manner to the consignor as required by contract or by this chapter; (e) any other consignment transaction alleged to have resulted in damage to the consignor; or (f) any dealer or agent with an unsatisfied judgment by a civil court related to an activity for which licensing is required by this chapter. (2) (a) After investigation upon the department's own motion, if the department determines that probable cause exists to believe that a dealer has engaged, or is engaging, in acts that violate this chapter, the department shall issue a notice of agency action. (b) (i) Upon the receipt of a verified complaint, the department shall undertake to effect a settlement between the consignor and the dealer. (ii) If a settlement cannot be effected, the department shall treat the verified complaint as a request for agency action. (3) (a) In a hearing upon a verified complaint, if the commissioner, or hearing officer designated by the commissioner, determines by a preponderance of the evidence that the person complained of has violated this chapter and that the violation has resulted in damage to the complainant, the commissioner or officer shall: (i) prepare written findings of fact detailing the findings and fixing the amount of damage suffered; and (ii) order the defendant to pay damages. (b) In a hearing initiated upon the department's own motion, if the commissioner or hearing officer determines by a preponderance of the evidence that the person complained of by the department has engaged, or is engaging, in acts that violate this chapter, the commissioner or officer shall prepare written findings of fact and an order requiring the person to cease and desist from the activity. (4) The department may petition any court having jurisdiction in the county where the action complained of occurred to enforce the department's order. (5) Any dealer aggrieved by an order issued under this section may obtain judicial review of the order. (6) (a) The department may not act upon a verified complaint submitted to the department more than six months after the consignor allegedly suffered damage. (b) A livestock claim shall be made in writing within 120 days from the date of the transaction.
Utah Code § 4-32-121 — Utah Code / Title 4 / Chapter 4-32 / § 4-32-121
§ 4-32-121. Suspension or revocation -- Grounds.
Status: in_force

The department may upon its own motion, and shall upon the verified complaint in writing of any person, investigate or cause to be investigated the operation of any meat establishment, and may suspend or revoke the license of the meat establishment upon any of the following grounds: (1) the license was obtained by any false or misleading statement; (2) for slaughtering any animal without an antemortem and a postmortem inspection, or for processing any meat or poultry or products of meat or poultry that have not been inspected and passed, or exempted, and so identified; (3) the advertising or publicizing of any false or misleading statements that pertain to the slaughtering, processing, or distribution of animals or meat or poultry products; (4) the failure to maintain refrigeration or sanitation, or dispose of waste as required by rules of the department; or (5) the failure to comply with rules of the department pertaining to the disposal of carcasses or parts of carcasses that have been determined to be unfit for human consumption.
Utah Code § 4-14-105 — Utah Code / Title 4 / Chapter 4-14 / § 4-14-105
§ 4-14-105. Issuance of experimental use permits -- Application -- Terms and conditions for issuance.
Status: in_force

(1) The department upon application may: (a) issue an experimental use permit to any person if the department determines that the applicant needs such a permit in order to accumulate information necessary to register a pesticide under Section 4-14-103; or (b) refuse to issue an experimental permit if the department determines that issuance is not warranted or that the pesticide use to be made under the proposed terms and conditions may cause unreasonable adverse effects on the environment. (2) The department may also with respect to issuance of an experimental use permit: (a) prescribe the terms and conditions for the conduct of the experimental use that in all events shall be under the supervision of the department; and (b) revoke or modify any experimental use permit if the department determines that the terms or conditions of the experimental use are being violated, or that the terms and conditions prescribed are inadequate to avoid unreasonable adverse effects to the environment. (3) Application for an experimental use permit may be made before, after, or simultaneously with an application for registration.
Utah Code § 4-3-302 — Utah Code / Title 4 / Chapter 4-3 / § 4-3-302
§ 4-3-302. Permits and certificates -- Suspension or revocation -- Grounds.
Status: in_force

(1) The department may revoke or suspend the permit or certificate of any person who violates this chapter or any rule enacted under the authority of this chapter. (2) All or part of any permit or certificate may be suspended immediately if an emergency exists that presents a clear and present danger to the public health, or if inspection or sampling is refused.
Utah Code § 4-24-308 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-308
§ 4-24-308. Brand inspection fees.
Status: in_force

(1) The department with the approval of the Livestock Brand Board may set and collect a fee for the: (a) issuance of any certificate of brand inspection, including a yearly brand inspection of rodeo stock; (b) verification of ownership at a custom exempt slaughter facility before slaughter for the owner's use; (c) verification of ownership by a farm custom slaughter licensee before slaughter for the owner's use; or (d) verification of ownership by a state or department employee at a meat establishment where there is no transfer of ownership. (2) Brand inspection fees incurred for the inspection of such animals at a livestock market may be withheld by the market and paid from the proceeds derived from their sale. (3) The fee shall be determined by the department pursuant to Subsection 4-2-103(2).
Utah Code § 4-34-108 — Utah Code / Title 4 / Chapter 4-34 / § 4-34-108
§ 4-34-108. Donation of wild game meat.
Status: in_force

(1) As used in this section: (a) "Big game" means the same as that term is defined in Section 23A-1-101. (b) "Custom meat processor" means a person who processes meat but is exempt from licensure under Section 4-32-106 as a licensed meat establishment. (c) "Department" means the Department of Agriculture and Food. (2) Wild game, including big game, lawfully taken by a licensed hunter may be donated to a nonprofit charitable organization to feed individuals in need. (3) Donated wild game meat shall meet the following conditions: (a) come from an animal in apparent good health before harvest of the animal; (b) come from an animal with intact intestines; (c) be field-dressed immediately after harvest of the animal and be handled in a manner in keeping with generally accepted wild game handling procedures; (d) be processed by a custom meat processor as soon as possible after harvest of the animal; (e) be clearly marked as "not for sale"; (f) be clearly marked as "donated wild game meat" in letters not less than three-eighths of an inch in height; and (g) may not come from a road-kill animal and a road-kill animal may not be donated under this section. (4) (a) A donor or custom meat processor of the wild game meat being donated shall advise the nonprofit charitable organization receiving the donated wild game meat that the donated wild game meat should be thoroughly cooked before human consumption. (b) Before serving donated wild game meat, the nonprofit charitable organization shall prominently post a sign indicating: (i) that the donated wild game meat is donated wild game meat; (ii) the type of meat processing used; and (iii) that the meat has not been inspected. (5) The Department of Natural Resources may donate wild game meat in the Department of Natural Resources' possession if this section is followed. (6) A person may not buy, sell, or offer for sale or barter donated wild game meat. (7) The department may examine, sample, seize, or condemn donated wild game meat if the department has reason to believe that the donated wild game meat is unwholesome under Chapter 5, Utah Wholesome Food Act.
Utah Code § 4-45-105 — Utah Code / Title 4 / Chapter 4-45 / § 4-45-105
§ 4-45-105. Prohibition on sale to minors -- Criminal penalty.
Status: in_force

(1) A kratom processor or kratom retailer may not distribute, sell, or offer for sale a kratom product to an individual under 21 years old. (2) A kratom processor or kratom retailer who violates this section is guilty of a class A misdemeanor for each violation.
Utah Code § 4-5-202 — Utah Code / Title 4 / Chapter 4-5 / § 4-5-202
§ 4-5-202. Adulterated or misbranded articles -- Tagging -- Detention or embargo -- Court proceedings for condemnation -- Perishable food.
Status: in_force

(1) (a) When an authorized agent of the department finds or has probable cause to believe that any food is adulterated, or so misbranded as to be dangerous or fraudulent within the meaning of this chapter, the agents shall affix to the food a tag or other appropriate marking, giving notice that: (i) the food is, or is suspected of being, adulterated or misbranded; (ii) the food has been detained or embargoed; and (iii) removal of the food is prohibited as provided in Subsection (1)(b). (b) No person may remove or dispose of detained or embargoed food by sale or otherwise until permission for removal or disposal is given by an agent of the department or the court. (2) (a) When food detained or embargoed under Subsection (1) has been found by an agent to be adulterated or misbranded, the department shall petition the district court in whose jurisdiction the food is detained or embargoed for an order of condemnation of the food. (b) When the agent has found that food so detained or embargoed is not adulterated or misbranded, the department shall remove the tag or other marking. (3) (a) If the court finds that detained or embargoed food is adulterated or misbranded, the food shall, after entry of the decree, be destroyed under the supervision of the agent. (b) If the adulteration or misbranding can be corrected by proper labeling or processing of the food, the court may by order direct that the food be delivered to the claimant for labeling or processing after: (i) entry of the decree; (ii) all costs, fees, and expenses have been paid; and (iii) a sufficient bond, conditioned that the food shall be properly labeled and processed, has been executed. (c) An agent of the department shall supervise, at the claimant's expense, the labeling or processing of the food. (d) The bond shall be returned to the claimant of the food upon: (i) representation to the court by the department that the food is no longer in violation of this chapter; and (ii) the expenses of supervision have been paid. (4) If an authorized agent of the department finds in any building or vehicle any perishable food which is unsound, contains any filthy, decomposed, or putrid substance, or may be poisonous, deleterious to health, or otherwise unsafe, the commissioner or his authorized agent shall condemn or destroy the food or render it unsalable as human food.
Utah Code § 4-4a-107 — Utah Code / Title 4 / Chapter 4-4a / § 4-4a-107
§ 4-4a-107. Report.
Status: in_force

(1) The department shall provide a report on this chapter to the Business and Labor Interim Committee at an interim meeting in 2027 that occurs before October 31. (2) The report described in Subsection (1) shall include an update on: (a) the progress by farm owners and operators to comply with Section 4-4a-103; and (b) the retail demand for and conditions related to the sale of cage-free eggs.
Utah Code § 4-21-203 — Utah Code / Title 4 / Chapter 4-21 / § 4-21-203
§ 4-21-203. Revenue from fees to be used to promote beef industry -- Payment of revenue monthly to Utah Beef Council -- Deduction of costs of administration and processing funds -- Annual audit of books, records, and accounts -- Financial statement of audit published.
Status: in_force

(1) (a) All revenue derived from the collection of fees authorized by this chapter shall be paid to the council and used to promote the beef industry of the state. (b) The revenue shall be paid monthly, as requested by the council, and the actual costs of administration for processing the funds shall be deducted before disbursing the funds. (2) (a) The books, records, and accounts of the council shall be audited at least once annually by a licensed accountant approved by the Office of the State Auditor. (b) The results of the audit shall be submitted to the commissioner, and a financial statement of the audit and a general statement of operations and promotional and advertising activities shall be published by the council in a major livestock publication having general circulation in Utah. (3) The books, records, and accounts of the council's activities are public records.
Utah Code § 4-35-108 — Utah Code / Title 4 / Chapter 4-35 / § 4-35-108
§ 4-35-108. Persons and activities exempt from civil liability.
Status: in_force

No state agency or state agency officers and employees nor the officers, agents, employees, or representatives of any governmental or private entity acting under the authority granted by this chapter is liable for claims arising out of the reasonable exercise or performance of duties and responsibilities under this chapter.
Utah Code § 4-3-202 — Utah Code / Title 4 / Chapter 4-3 / § 4-3-202
§ 4-3-202. Authority in local jurisdictions to regulate dairy products -- Department standards to govern -- Department evaluation permitted -- Local notice to cease inspection.
Status: in_force

(1) While nothing in this chapter shall impair the authority of any town, city, or county to regulate the production, handling, storage, distribution, or sale of dairy products, frozen dairy products, grade A milk, grade A milk products, or milk, within their respective jurisdictions, a common standard as prescribed by the department shall be followed in such jurisdictions. (2) If a town, city, or county elects to enforce this chapter, the department shall accept its findings relative to inspections in lieu of making its own inspections, but the department may evaluate the effectiveness of any local inspection program. (3) If a town, city, or county intends to cease making inspections under this chapter, it shall notify the department of its intent to cease inspection at least one year in advance of the actual cessation of inspection. (4) Upon request, the commissioner shall cooperate with other state agencies, towns, cities, counties, and federal authorities in the administration and enforcement of this chapter.
Utah Code § 4-4-107 — Utah Code / Title 4 / Chapter 4-4 / § 4-4-107
§ 4-4-107. Exemptions from regulation.
Status: in_force

(1) Except as provided in this section, a small producer and the shell eggs produced by a small producer are exempt from regulation by the department. (2) The Department of Health and Human Services has the authority to investigate foodborne illness. (3) The department may assist, consult, or inspect shell eggs and a small producer's operation when requested by a small producer. (4) Nothing in this section affects the authority of the Department of Health and Human Services or the department to certify, license, regulate, or inspect food or food products that are not exempt from certification, licensing regulation, or inspection under this section. (5) The Department of Health and Human Services, or a local health department, may not prevent the sale of shell eggs from a small producer to an end consumer unless the Department of Health and Human Services, or the county health department, establishes that the shell eggs: (a) are addled or moldy; or (b) contain: (i) black spot; (ii) black rot; (iii) white rot; (iv) blood ring; (v) adherent yolk; or (vi) a bloody or green albumen. (6) A small producer that sells eggs wholesale shall notify the department about the small egg producer's operation, including: (a) the operator's name; (b) the operator's contact information; (c) the species of egg products offered for sale; and (d) other information required by department rule regarding notification. (7) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: (a) govern the temperature, cleaning, and sanitization of shell eggs under this chapter that are sold by a small producer to a restaurant or wholesale; (b) establish notification requirements in accordance with Subsection (6); and (c) establish inspection requirements for small producers that request an inspection under Subsection (3). (8) Eggs sold by a small producer in accordance with this chapter are exempt from the restricted egg tolerances for United States Consumer Grade B as specified in the United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., administered by the Agricultural Marketing Service of United States Agriculture Department.
Utah Code § 4-41a-901 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-901
§ 4-41a-901. Academic medical cannabis research -- License.
Status: in_force

(1) A medical cannabis research licensee may, subject to department rules described in Subsection (4), obtain from a cannabis production establishment or a medical cannabis pharmacy, and possess cannabis for academic medical cannabis research. (2) The department shall license a research university to obtain and possess cannabis for the purpose of academic medical cannabis research if the research university submits to the department: (a) the location where the research university intends to conduct the research; (b) the research university's research plan; and (c) the name of the principal investigator of the research university who will: (i) supervise the procurement, possession, and security of cannabis and cannabis product; and (ii) oversee the academic research. (3) The department shall maintain a list of each medical cannabis research licensee. (4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: (a) establish requirements for a licensee to: (i) participate in academic medical cannabis research; (ii) obtain from a cannabis production establishment, and possess, cannabis for academic medical cannabis research; and (b) set sampling and testing procedures. (5) A medical cannabis research licensee shall provide to the department written consent allowing a representative of the department and local law enforcement to enter all premises where the licensee possesses or stores cannabis for the purpose of: (a) conducting a physical inspection; or (b) ensuring compliance with the requirements of this chapter. (6) An individual who has been convicted of a drug related felony within the last 10 years may not obtain, possess, or conduct any research on cannabis under a medical cannabis research licensee's license under this part. (7) The department may set a fee, in accordance with Subsection 4-2-103(2), for the application for a medical cannabis research license.
Utah Code § 4-38-401 — Utah Code / Title 4 / Chapter 4-38 / § 4-38-401
§ 4-38-401. Race meet money.
Status: in_force

(1) The commission shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to determine how all the added money and money from payment races shall be collected and disbursed. (2) Payment deposits shall be made in a timely manner determined by the commission, and each licensee shall provide proof of deposits as required by the commission.
Utah Code § 4-32-111 — Utah Code / Title 4 / Chapter 4-32 / § 4-32-111
§ 4-32-111. Additional powers of commissioner.
Status: in_force

(1) The commissioner may: (a) gather and compile information concerning, and investigate the organization, business, conduct, practices, and management of, any person subject to this chapter; (b) require any person subject to this chapter to file information regarding the person's business or operation as the commissioner requires; (c) for the purpose of this chapter, at all reasonable times have access to, for the purpose of examination, and the right to copy, any documentary evidence of any person being investigated or proceeded against, and may require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence of any person relating to any matter under investigation; (d) require the attendance of witnesses and the production of documentary evidence at any place designated for hearing; (e) invoke the aid of any court of competent jurisdiction to compel the attendance of witnesses and the production of documentary evidence, in the case of disobedience to a subpoena; and (f) order testimony to be taken by deposition in any proceeding or investigation pending under this chapter at any stage of the proceeding or investigation. (2) In the event a witness asserts a privilege against self-incrimination, testimony and evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of Immunity. (3) (a) (i) Any person who without just cause neglects or refuses to attend and testify or to answer any lawful inquiry, or to produce documentary evidence, if in the person's power to do so, in obedience to the subpoena or lawful requirement of the commissioner is guilty of a class A misdemeanor. (ii) A fine imposed for a violation of Subsection (3)(a)(i) may not be less than $500. (b) (i) A person is guilty of a class A misdemeanor if the person: (A) willfully makes, or causes to be made, any false entry or statement of fact in any report required to be made under this chapter; (B) willfully makes, or causes to be made, any false entry in any account, record, or memorandum kept by any person subject to this chapter; (C) neglects or fails to make, or to cause to be made, full, true, and correct entries in those accounts, records, or memoranda, of all facts and transactions appertaining to the business of that person; or (D) willfully removes out of the jurisdiction of this state, or willfully mutilates, alters, or by any other means falsifies any documentary evidence of any person subject to this chapter or that willfully refuses to submit to the commissioner or to any of the commissioner's authorized agents, for the purpose of inspection and making copies, any documentary evidence of any person subject to this chapter within the person's possession or control. (ii) A fine imposed for a violation of Subsection (3)(b)(i) may not be less than $500. (c) (i) If any person required by this chapter to file any annual or special report fails to do so within the time fixed by the commissioner, and the failure continues for 30 days after notice of default, the person shall forfeit to the state the sum of $10 for each day of the continuance of the failure, which forfeiture is payable into the treasury of this state, and is recoverable in a civil suit in the name of the state brought in the district where the person has a principal office or in any district in which he does business. (ii) The various county attorneys, under the direction of the attorney general of this state, shall prosecute for the recovery of the forfeitures. (iii) The costs and expenses of prosecution shall be paid out of the appropriation for the expenses of the courts of this state.
Utah Code § 4-24-302 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-302
§ 4-24-302. Certificate of brand inspection necessary to carry out change of ownership -- Exception.
Status: in_force

(1) Except as provided in Subsection (2), the ownership of cattle, horses, domesticated elk, or mules may not be transferred to any other person, through sale or otherwise, without a certificate of brand inspection issued by a department brand inspector. (2) (a) A brand inspection is not required to transfer ownership of dairy calves from the farm of origin under 60 days of age. (b) Any person who transports dairy calves that have not been brand inspected pursuant to Subsection (2)(a) shall be required to show a sales invoice upon request.
Utah Code § 4-20-103 — Utah Code / Title 4 / Chapter 4-20 / § 4-20-103
§ 4-20-103. Utah Grazing Improvement Program Advisory Board -- Duties.
Status: in_force

(1) (a) There is created within the department the Utah Grazing Improvement Program Advisory Board. (b) The commissioner shall appoint the following members: (i) one member from each regional board; (ii) one member from the Conservation Commission, created in Section 4-18-104; (iii) one representative of the Department of Natural Resources; (iv) two livestock producers at-large; and (v) one representative of the oil, gas, or mining industry. (2) The term of office for a state board member is four years. (3) Members of the state board shall elect a chair, who shall serve for two years. (4) A member may not receive compensation or benefits for the member's service but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. (5) The state board shall: (a) receive: (i) advice and recommendations from a regional board concerning: (A) management plans for public lands, state lands, and school and institutional trust lands as defined in Section 53C-1-103, within the regional board's region; and (B) any issue that impacts grazing on private lands, public lands, state lands, or school and institutional trust lands as defined in Section 53C-1-103, in its region; and (ii) requests for restricted account money from the entities described in Subsections (5)(c)(i) through (iv); (b) recommend state policy positions and cooperative agency participation in federal and state land management plans to the department and to the Public Lands Policy Coordinating Office, created under Section 63L-11-201; and (c) advise the department on the requests and recommendations of: (i) regional boards; (ii) county weed control boards, created in Section 4-17-105; (iii) cooperative weed management associations; and (iv) conservation districts created under the authority of Title 17D, Chapter 3, Conservation District Act.
Utah Code § 4-41a-701 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-701
§ 4-41a-701. Cannabis and cannabis product testing.
Status: in_force

(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to: (a) determine required adulterant tests for a cannabis plant product, cannabis concentrate, or cannabis product; (b) determine the amount of any adulterant that is safe for human consumption; (c) immediately ban or limit the presence of any ingredient in a medical cannabis product after receiving a recommendation to do so from a public health authority under Section 26B-1-102; (d) establish protocols for a recall of medical cannabis by a cannabis production establishment; or (e) allow the propagation of testing results forward to derived product if the processing steps the cannabis production establishment uses to produce the product are unlikely to change the results of the test. (2) (a) The department may require testing for a toxin if: (i) the department receives information indicating the potential presence of a toxin; or (ii) the department's inspector has reason to believe a toxin may be present based on the inspection of a facility. (b) The department may not require a cannabis processor to test a cannabis batch or a cannabis product batch a third time if the cannabis batch or cannabis product has previously met all testing requirements after being tested by: (i) an independent cannabis testing laboratory that is not the department; and (ii) the department. (3) (a) A cannabis production establishment may not: (i) incorporate cannabis concentrate into a cannabis derivative product until an independent cannabis testing laboratory tests the cannabis concentrate in accordance with department rule; or (ii) transfer cannabis or a cannabis product to a medical cannabis pharmacy until an independent cannabis testing laboratory tests a representative sample of the cannabis or cannabis product in accordance with department rule. (b) A medical cannabis pharmacy may not offer any cannabis or cannabis product for sale unless an independent cannabis testing laboratory has tested a representative sample of the cannabis or cannabis product in accordance with department rule. (4) Before the sale of a medical cannabis product, an independent cannabis testing laboratory shall: (a) identify and quantify any cannabinoid known to be present in the medical cannabis product; and (b) test terpene profiles for the following products: (i) raw cannabis; or (ii) a cannabis product: (A) contained in a vaporizer cartridge; or (B) in concentrate form; and (c) record the five highest terpene profiles tested under Subsection (4)(b). (5) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the standards, methods, practices, and procedures for the testing of cannabis and cannabis products by independent cannabis testing laboratories. (6) The department may require an independent cannabis testing laboratory to participate in a proficiency evaluation that the department conducts or that an organization that the department approves conducts.
Utah Code § 4-31-119 — Utah Code / Title 4 / Chapter 4-31 / § 4-31-119
§ 4-31-119. Disease control of poultry, waterfowl, and game-birds.
Status: in_force

(1) Except as provided in Subsection (2), the department may: (a) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are necessary for the control and prevention of disease in poultry, waterfowl, and game-birds; and (b) enforce the rules described in Subsection (1)(a). (2) The department may not make a rule under Subsection (1)(a) that relates to protected wildlife that is: (a) living in nature; and (b) under the jurisdiction of the Division of Wildlife Resources.
Utah Code § 4-45-103 — Utah Code / Title 4 / Chapter 4-45 / § 4-45-103
§ 4-45-103. Factual basis for claim as kratom product required -- Administrative penalty -- Request for hearing.
Status: in_force

(1) A kratom processor shall disclose on the product label of each kratom product that the kratom processor prepares, distributes, sells, or offers for sale the factual basis upon which the kratom processor represents the product as a kratom product. (2) For a violation of Subsection (1), a kratom processor is subject to an administrative fine up to $5,000. (3) Upon the request of a kratom processor fined under this section, the commissioner shall conduct a hearing in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
Utah Code § 4-41a-1001 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-1001
§ 4-41a-1001. Medical cannabis pharmacy -- License -- Eligibility.
Status: in_force

(1) A person may not: (a) operate as a medical cannabis pharmacy without a license that the department issues under this part; (b) obtain a medical cannabis pharmacy license if obtaining the license would cause the person to exceed the pharmacy ownership limit; (c) obtain a partial ownership share of a medical cannabis pharmacy if obtaining the partial ownership share would cause the person to exceed the pharmacy ownership limit; or (d) enter into any contract or agreement that allows the person to directly or indirectly control the operations of a medical cannabis pharmacy if the person's control of the medical cannabis pharmacy would cause the person to effectively exceed the pharmacy ownership limit. (2) (a) (i) Subject to Subsections (4) and (5) and to Section 4-41a-1005, the licensing board shall issue a license to operate a medical cannabis pharmacy. (ii) The licensing board may not issue a license to operate a medical cannabis pharmacy to an applicant who is not eligible for a license under this section. (b) An applicant is eligible for a license under this section if the applicant submits to the licensing board: (i) subject to Subsection (2)(c), a proposed name and address where the applicant will operate the medical cannabis pharmacy; (ii) the name and address of an individual who: (A) for a publicly traded company, has a financial or voting interest of 10% or greater in the proposed medical cannabis pharmacy; (B) for a privately held company, a financial or voting interest in the proposed medical cannabis pharmacy; or (C) has the power to direct or cause the management or control of a proposed medical cannabis pharmacy; (iii) for each application that the applicant submits to the department, a statement from the applicant that the applicant will obtain and maintain: (A) a performance bond in the amount of $100,000 issued by a surety authorized to transact surety business in the state; or (B) a liquid cash account in the amount of $100,000 with a financial institution; (iv) an operating plan that: (A) complies with Section 4-41a-1004; (B) includes operating procedures to comply with the operating requirements for a medical cannabis pharmacy described in this part and with a relevant municipal or county law that is consistent with Section 4-41a-1106; and (C) the department approves; (v) an application fee in an amount that, subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504; and (vi) a description of any investigation or adverse action taken by any licensing jurisdiction, government agency, law enforcement agency, or court in any state for any violation or detrimental conduct in relation to any of the applicant's cannabis-related operations or businesses. (c) (i) A person may not locate a medical cannabis pharmacy: (A) within 200 feet of a community location; or (B) in or within 600 feet of a district that the relevant municipality or county has zoned as primarily residential. (ii) The proximity requirements described in Subsection (2)(c)(i) shall be measured from the nearest entrance to the medical cannabis pharmacy establishment by following the shortest route of ordinary pedestrian travel to the property boundary of the community location or residential area. (iii) The licensing board may grant a waiver to reduce the proximity requirements in Subsection (2)(c)(i) by up to 20% if the department determines that it is not reasonably feasible for the applicant to site the proposed medical cannabis pharmacy without the waiver. (iv) An applicant for a license under this section shall provide evidence of compliance with the proximity requirements described in Subsection (2)(c)(i). (d) The licensing board may not issue a license to an eligible applicant that the department has selected to receive a license until the selected eligible applicant complies with the bond or liquid cash requirement described in Subsection (2)(b)(iii). (e) If the licensing board receives more than one application for a medical cannabis pharmacy within the same city or town, the department shall consult with the local land use authority before approving any of the applications pertaining to that city or town. (f) In considering the issuance of a medical cannabis pharmacy license under this section, the licensing board may consider the extent to which the pharmacy can increase efficiency and reduce cost to patients of medical cannabis. (3) (a) After an entity has been selected for a medical cannabis pharmacy license under this section, the department shall: (i) charge the applicant an initial license fee in an amount that, subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504; (ii) notify the Department of Public Safety of the license approval and the names of each individual described in Subsection (2)(b)(ii); and (iii) charge the licensee a fee in an amount that, subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504, for any change in location, ownership, or company structure. (b) For a fee described in Subsection (3)(a)(i), a license fee for a medical cannabis pharmacy located in a medically underserved area as determined by the federal Health Resources and Services Administration shall be 50% less than what is charged for other medical cannabis pharmacies. (4) The licensing board may not issue a license to operate a medical cannabis pharmacy to an applicant if an individual described in Subsection (2)(b)(ii): (a) has been convicted under state or federal law of: (i) a felony in the preceding 10 years; or (ii) after December 3, 2018, a misdemeanor for drug distribution; (b) is younger than 21 years old; or (c) after September 23, 2019, until January 1, 2023, is actively serving as a legislator. (5) If an applicant for a medical cannabis pharmacy license under this section holds another license under this chapter, the licensing board may not give preference to the applicant based on the applicant's status as a holder of the license. (6) The licensing board may revoke a license under this part: (a) if the medical cannabis pharmacy does not begin operations within one year after the day on which the department issues an announcement of the department's intent to award a license to the medical cannabis pharmacy; (b) after the third of the same violation of this chapter in any of the licensee's licensed cannabis production establishments or medical cannabis pharmacies; (c) if an individual described in Subsection (2)(b)(ii) is convicted, while the license is active, under state or federal law of: (i) a felony; or (ii) after December 3, 2018, a misdemeanor for drug distribution; (d) if the licensee fails to provide the information described in Subsection (2)(b)(vi) at the time of application, or fails to supplement the information described in Subsection (2)(b)(vi) with any investigation or adverse action that occurs after the submission of the application within 14 calendar days after the licensee receives notice of the investigation or adverse action; (e) if the medical cannabis pharmacy demonstrates a willful or reckless disregard for the requirements of this chapter or the rules the department makes in accordance with this chapter; (f) if, after a change of ownership described in Subsection (10)(c), the department determines that the medical cannabis pharmacy no longer meets the minimum standards for licensure and operation of the medical cannabis pharmacy described in this chapter; or (g) if through an investigation conducted under Subsection 4-41a-201.1(11) and in accordance with Title 63G, Chapter 4, Administrative Procedures Act, the licensing board finds that the licensee has participated in anticompetitive business practices. (7) (a) A person who receives a medical cannabis pharmacy license under this chapter, if the municipality or county where the licensed medical cannabis pharmacy will be located requires a local land use permit, shall submit to the department a copy of the licensee's approved application for the land use permit within 120 days after the day on which the department issues the license. (b) If a licensee fails to submit to the department a copy the licensee's approved land use permit application in accordance with Subsection (7)(a), the department may revoke the licensee's license. (8) The department shall deposit the proceeds of a fee imposed by this section into the Qualified Production Enterprise Fund. (9) (a) The licensing board's authority to issue a license under this section is plenary and is not subject to review. (b) Notwithstanding Subsection (2), the decision of the department to award a license to an applicant is not subject to: (i) Title 63G, Chapter 6a, Part 16, Protests; or (ii) Title 63G, Chapter 6a, Part 17, Procurement Appeals Board. (10) (a) A medical cannabis pharmacy license is not transferrable or assignable. (b) A medical cannabis pharmacy shall report in writing to the department no later than 45 business days before the date of any change of ownership of the medical cannabis pharmacy. (c) If the ownership of a medical cannabis pharmacy changes by 50% or more: (i) concurrent with the report described in Subsection (10)(b), the medical cannabis pharmacy shall submit a new application described in Subsection (2)(b), subject to Subsection (2)(c); (ii) within 60 days of the submission of the application, the licensing board shall: (A) conduct an application review; and (B) award a license to the medical cannabis pharmacy for the remainder of the term of the medical cannabis pharmacy's license before the ownership change if the medical cannabis pharmacy meets the minimum standards for licensure and operation of the medical cannabis pharmacy described in this chapter; and (iii) if the department approves the license application, notwithstanding Subsection (3), the medical cannabis pharmacy shall pay a license fee that the department sets in accordance with Section 63J-1-504 in an amount that covers the department's cost of conducting the application review.
Utah Code § 4-9-119 — Utah Code / Title 4 / Chapter 4-9 / § 4-9-119
§ 4-9-119. Weights and Measures Fund.
Status: in_force

(1) There is created an expendable special revenue fund known as the Weights and Measures Fund. (2) The fund consists of: (a) the revenue from fees for the inspection of weights and measures that the department collects under this chapter; (b) appropriations from the Legislature; and (c) interest and earnings on money in the fund. (3) (a) The state treasurer shall invest the money in the fund in accordance with Title 51, Chapter 7, State Money Management Act. (b) The state treasurer shall deposit interest and other earnings derived from investment of expendable special revenue fund money into the fund. (4) The department may use money in the fund for the maintenance, repair, and purchase of equipment used in administering the requirements of this chapter, including: (a) specialized vehicles; (b) cranes and lifts; (c) weight carts; and (d) field, metrology, and fuel laboratory equipment. (5) (a) Except as provided in Subsection (5)(c), the Division of Finance shall deposit into the fund the revenue that the department receives under this chapter that the department does not expend during a fiscal year. (b) The fund may not exceed $1,000,000 at the end of a fiscal year. (c) Notwithstanding Subsection (5)(a), the Division of Finance shall deposit into the General Fund the money in the account in excess of $1,000,000, if any, at the end of a fiscal year.
Utah Code § 4-39-206 — Utah Code / Title 4 / Chapter 4-39 / § 4-39-206
§ 4-39-206. Records to be maintained.
Status: in_force

(1) The following records and information shall be maintained by a domesticated elk facility for the life of the animal plus five years: (a) records of purchase, acquisition, distribution, and production histories of domesticated elk; (b) records documenting antler harvesting, production, and distribution; and (c) health certificates. (2) For purposes of carrying out this chapter and rules made under this chapter, at any reasonable time during regular business hours, the department shall have free and unimpeded access to inspect all records required to be kept. (3) The department may make copies of the records referred to in this section.
Utah Code § 4-41a-1003 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-1003
§ 4-41a-1003. Renewal -- Notice of available license.
Status: in_force

(1) (a) The department shall renew a license issued under this part every year if, at the time of renewal: (i) the licensee meets the requirements of Section 4-41a-1001; (ii) the licensee pays the department a license renewal fee in an amount that, subject to Subsection 4-41a-1004(5), the department sets in accordance with Section 63J-1-504; and (iii) if the medical cannabis pharmacy changes the operating plan described in Section 4-41a-1004 that the department approved under Subsection 4-41a-1001(2)(b)(iv), the department approves the new operating plan. (b) A license fee for a medical cannabis pharmacy located in a county of the third, fourth, fifth, or sixth class shall be 50% less than what is charged for other medical cannabis pharmacies. (2) (a) If a licensed medical cannabis pharmacy abandons the medical cannabis pharmacy's license, the department shall publish notice of an available license, for the geographic area in which the medical cannabis pharmacy license is available, as a class A notice under Section 63G-30-102, for at least seven days. (b) The department may establish criteria, in collaboration with the Division of Professional Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to identify the medical cannabis pharmacy actions that constitute abandonment of a medical cannabis pharmacy license. (3) If the department has not completed the necessary processes to make a determination on a license renewal under Subsections (1)(a) and (c) before the expiration of a license, the department may issue a conditional medical cannabis pharmacy license to a licensed medical cannabis pharmacy that has applied for license renewal under this section and paid the fee described in Subsection (1)(b).
Utah Code § 4-46-303 — Utah Code / Title 4 / Chapter 4-46 / § 4-46-303
§ 4-46-303. Board to report annually.
Status: in_force

7/1/2026The board shall submit, by no later than October 1, an annual report to the Transportation and Infrastructure and Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittees: (1) specifying the amount of each disbursement from the account; (2) identifying the recipient of each disbursement and describing the project for which money was disbursed; and (3) detailing the conditions, if any, placed by the board on disbursements from the account.
Utah Code § 4-32-114 — Utah Code / Title 4 / Chapter 4-32 / § 4-32-114
§ 4-32-114. Unauthorized use or possession of official devices, labels, marks, or certificates -- False statements, misrepresentations, and trade secrets.
Status: in_force

(1) A person may not cast, print, lithograph, or make any device or label containing or bearing any official mark or simulation of a mark, or any form or simulation of an official certificate, unless authorized by the commissioner. (2) A person may not: (a) forge any official device, mark, or certificate; (b) use any official device, mark, or certificate without the authorization of the commissioner; (c) alter, detach, deface, or destroy any official device, mark, or certificate; (d) fail to use, detach, deface, or destroy any official device, mark, or certificate as required by this chapter; (e) knowingly possess any of the following, if it bears any unauthorized, counterfeit, simulated, forged, or altered official mark: (i) an official device; (ii) a counterfeit, simulated, forged, or altered official certificate; (iii) a device; (iv) a label; (v) a carcass of any animal, including poultry; or (vi) a part or product of any animal, including poultry; (f) knowingly make any false statement in any shipper's certificate, or nonofficial or official certificate; (g) knowingly represent that any meat or poultry product has been inspected and approved, or exempted, under this chapter when, in fact, it has not; or (h) use to the person's advantage or reveal any information acquired under the authority of this chapter relating to any matter entitled to protection as a trade secret unless the information is: (i) revealed to an authorized government representative; or (ii) ordered by a court in a judicial proceeding.
Utah Code § 4-14-111 — Utah Code / Title 4 / Chapter 4-14 / § 4-14-111
§ 4-14-111. Registration required for a pesticide applicator business.
Status: in_force

(1) A pesticide applicator business shall register with the department by: (a) submitting an application on a form provided by the department; (b) paying the registration fee; and (c) certifying that the business is in compliance with this chapter and departmental rules authorized by this chapter. (2) (a) By following the procedures and requirements of Section 63J-1-504, the department shall establish a registration fee. (b) (i) Notwithstanding Section 63J-1-504, the department shall deposit the fees as dedicated credits and may only use the fees to administer and enforce this chapter. (ii) The Legislature may annually designate the revenue generated from the fee as nonlapsing in an appropriations act. (3) The department shall issue a business registration certificate to a pesticide applicator business if the person: (a) has complied with the requirements of this section; (b) has shown evidence of competence in the pesticide profession and meets the certification requirements established by rule; (c) demonstrates good character; (d) has no outstanding infractions and owes no money to the department; and (e) pays the registration fee established by the department. (4) A registration certificate expires on December 31 of the second calendar year after the calendar year in which the registration certificate is issued. (5) (a) The department may suspend a registration certificate if the pesticide applicator business violates this chapter or any rules authorized by this chapter. (b) A pesticide applicator business whose registration certificate has been suspended may apply to the department for reinstatement of the registration certificate by demonstrating compliance with this chapter and rules authorized by this chapter. (6) A pesticide applicator business shall: (a) only employ: (i) a certified applicator licensed under Section 4-14-103; (ii) an ornamental and turf technician who holds a permit under Subsection 4-14-112(1); or (iii) a salesperson who holds a permit under Subsection 4-14-112(2); (b) employ at least one certified applicator licensed under Section 4-14-103; (c) ensure that an employee of the pesticide applicator business complies with this chapter and the rules authorized by this chapter; and (d) ensure that a certified applicator or ornamental and turf technician employed by the pesticide applicator business understands and complies with the label on a pesticide. (7) Notwithstanding the other provisions of this section, the department may by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, adopt a pesticide applicator business registration for a person: (a) engaged in the marketing of the application of a pesticide but not the application of the pesticide; and (b) who employs only one or more salespersons.
Utah Code § 4-32a-202 — Utah Code / Title 4 / Chapter 4-32a / § 4-32a-202
§ 4-32a-202. Domesticated game slaughter and processing.
Status: in_force

(1) Except as provided in this part, the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq., or the Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq., a person may not slaughter domesticated game for: (a) wholesale or retail sale; or (b) sale to an end consumer. (2) In accordance with this part and department rule, the department shall permit the slaughter and processing of domesticated game. (3) This chapter does not apply to the slaughter of domesticated game if the purpose of slaughtering the domesticated game is for personal use. (4) Nothing in this part prohibits a person from processing a domesticated game carcass in accordance with this part, if: (a) the domesticated game carcass passes postmortem inspection as described in this part; and (b) (i) the person holds a farm custom slaughter license; or (ii) the person processes the domesticated game carcass in accordance with the exemption described in 9 C.F.R. Secs. 303.1(d)(1) and (2). (5) A person who slaughters domesticated game under this part may not sell the domesticated game outside of the state.
Utah Code § 4-41a-202 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-202
§ 4-41a-202. Cannabis production establishment owners and directors -- Criminal background checks.
Status: in_force

(1) Each applicant for a license as a cannabis production establishment shall submit to the department, at the time of application, from each individual who has a financial or voting interest of 10% or greater in the applicant or who has the power to direct or cause the management or control of the applicant: (a) a fingerprint card in a form acceptable to the Department of Public Safety; (b) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the registration of the individual's fingerprints in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service; and (c) consent to a fingerprint background check by: (i) the Utah Bureau of Criminal Identification; and (ii) the Federal Bureau of Investigation. (2) The Bureau of Criminal Identification shall: (a) check the fingerprints the applicant submits under Subsection (1) against the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System; (b) report the results of the background check to the department; (c) maintain a separate file of fingerprints that applicants submit under Subsection (1) for search by future submissions to the local and regional criminal records databases, including latent prints; (d) request that the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; and (e) establish a privacy risk mitigation strategy to ensure that the department only receives notifications for an individual with whom the department maintains an authorizing relationship. (3) The department shall: (a) assess an individual who submits fingerprints under Subsection (1) a fee in an amount that the department sets in accordance with Section 63J-1-504 for the services that the Bureau of Criminal Identification or another authorized agency provides under this section; and (b) remit the fee described in Subsection (3)(a) to the Bureau of Criminal Identification.
Utah Code § 4-35-102 — Utah Code / Title 4 / Chapter 4-35 / § 4-35-102
§ 4-35-102. Definitions.
Status: in_force

As used in this chapter: (1) "Department" means the Department of Agriculture and Food. (2) "Fund" means the Plant Pest Fund created by Section 4-35-106. (3) "Plant pest" means a biological agent that the commissioner determines to be a threat to agriculture in the state as described in Subsection 4-2-103(1)(k)(i).
Utah Code § 4-32-102 — Utah Code / Title 4 / Chapter 4-32 / § 4-32-102
§ 4-32-102. Purpose declaration.
Status: in_force

(1) It is the purpose of this chapter to provide a meat and poultry inspection program in the state at least equal to the programs imposed under the: (a) Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq.; (b) Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq.; (c) Humane Slaughter Act, 7 U.S.C. Sec. 1901 et seq.; and (d) the Egg Product Inspection Act, 21 U.S.C. 1031 et seq. (2) The commissioner shall administer and enforce this chapter to accomplish the purpose described in Subsection (1).
Utah Code § 4-37-106 — Utah Code / Title 4 / Chapter 4-37 / § 4-37-106
§ 4-37-106. Cooperative agreements.
Status: in_force

In fulfilling their respective responsibilities under this chapter, the department, Division of Wildlife Resources, and Wildlife Board may make memorandums of understanding or enter into other agreements for mutual cooperation.
Utah Code § 4-4a-102 — Utah Code / Title 4 / Chapter 4-4a / § 4-4a-102
§ 4-4a-102. Definitions.
Status: in_force

As used in this chapter: (1) (a) "Cage-free housing system" means an indoor or outdoor controlled environment for egg-laying hens where: (i) for an indoor environment, the egg-laying hens are free to roam unrestricted except by the following: (A) exterior walls; or (B) interior fencing used to contain the entire egg-laying hen flock within the building or subdivide flocks into smaller groups if farm employees can walk through each contained or subdivided area to provide care to egg-laying hens and if each egg-laying hen has at least the amount of usable floor space per hen required by the 2017 edition of the United Egg Producers' Animal Husbandry Guidelines for U.S. Egg-Laying Flocks: Guidelines for Cage-Free Housing; (ii) egg-laying hens are provided enrichments that allow them to exhibit natural behaviors including, at a minimum, scratch areas, perches, nest boxes, and dust bathing areas; and (iii) farm employees can provide care while standing within the egg-laying hens' usable floor space. (b) "Cage-free housing system" includes, to the extent the system is a system described in Subsection (1)(a) and is not excluded by Subsection (1)(c), a multi-tiered aviary, partially slatted system, single-level all-litter floor system, and any future system that is a system described in Subsection (1)(a) and is not excluded by Subsection (1)(c). (c) "Cage-free housing system" does not include systems commonly described as battery cages, colony cages, enriched cages, enriched colony cages, modified cages, convertible cages, furnished cages, or similar cage systems. (2) "Egg-laying hen" means a female domesticated chicken kept for the purpose of commercial egg production. (3) "Enclosure" means a structure used to confine an egg-laying hen. (4) (a) "Farm" means the land, buildings, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food. (b) "Farm" does not include live animal markets or official plants at which mandatory inspection is maintained under the federal Egg Products Inspection Act, 21 U.S.C. Sec. 1031 et seq. (5) "Farm owner or operator" means a person that owns a controlling interest in a farm or controls the operations of a farm. (6) "Multi-tiered aviary" means a cage-free housing system where egg-laying hens have unfettered access to multiple elevated flat platforms that provide the egg-laying hens with usable floor space both on top of and underneath the platforms. (7) "Partially slatted system" means a cage-free housing system where egg-laying hens have unfettered access to elevated flat platforms under which manure drops through the flooring to a pit or litter removal belt below. (8) "Shell egg" means a whole egg of an egg-laying hen in the egg's shell form, intended for use as human food. (9) "Single-level all-litter floor system" means a cage-free housing system bedded with litter where egg-laying hens have limited or no access to elevated flat platforms. (10) (a) "Usable floor space" means the total square footage of floor space provided to each egg-laying hen, as calculated by dividing the total square footage of floor space provided to egg-laying hens in an enclosure by the total number of egg-laying hens in that enclosure. (b) "Usable floor space" includes both ground space and elevated level or nearly level flat platforms upon which hens can roost, but does not include perches or ramps.
Utah Code § 4-24-504 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-504
§ 4-24-504. Enforcement -- Brand inspector's powers delineated.
Status: in_force

(1) A brand inspector has the authority of a special function officer for the purpose of enforcing this chapter and the brand inspector may, if proper, stop a vehicle carrying livestock or livestock carcasses for the purpose of examining brands, certificates of brand inspection, and bills of lading or bills of sale relating to the livestock in transit. (2) (a) A brand inspector may enter premises where livestock are kept or maintained for the purpose of examining brands. (b) If admittance is refused, the department may proceed immediately to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for the purpose of examining brands or other evidence of ownership.
Utah Code § 4-15-102 — Utah Code / Title 4 / Chapter 4-15 / § 4-15-102
§ 4-15-102. Background and purpose.
Status: in_force

The Legislature finds that: (1) nursery stock can harbor and vector plant pests and diseases; (2) unregulated production and shipping of nursery stock presents an unacceptable risk to the state's agricultural, forestry, and horticultural interests, and to the state's general environmental quality; and (3) it is necessary to ensure that nurseries produce healthy plants and that nursery stock shipped to other nurseries, brokers, and out-of-state customers meets national nursery stock cleanliness standards.
Utah Code § 4-41a-404 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-404
§ 4-41a-404. Medical cannabis transportation.
Status: in_force

(1) (a) Except as provided in Part 12, Medical Cannabis Home Delivery and Couriers, the following individuals may transport cannabis or a cannabis product under this chapter: (i) a cannabis production establishment agent; (ii) a medical cannabis cardholder who is transporting a medical cannabis treatment that the cardholder is authorized to possess under this chapter; (iii) a registered medical cannabis pharmacy agent; (iv) a registered medical cannabis courier agent; and (v) a registered pharmacy medical provider. (b) Only an agent of a cannabis cultivation facility, when the agent is transporting cannabis plants to a cannabis processing facility or an independent cannabis testing laboratory, may transport unprocessed cannabis outside of a medicinal dosage form. (2) Except for an individual with a valid medical cannabis card under Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, who is transporting a medical cannabis treatment, an individual transporting cannabis or a cannabis product shall: (a) be employed by the entity licensed under this chapter that is authorizing the transportation of the cannabis or cannabis product; and (b) possess a transportation manifest that: (i) includes a unique identifier that links the cannabis or cannabis product to a relevant inventory control system; (ii) includes origin and destination information for any cannabis or cannabis product that the individual is transporting; and (iii) identifies the departure and arrival times and locations of the individual transporting the cannabis or cannabis product. (3) (a) In addition to the requirements in Subsections (1) and (2), the department may establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, requirements for transporting cannabis or cannabis product to ensure that the cannabis or cannabis product remains safe for human consumption. (b) The transportation described in Subsection (3)(a) is limited to transportation: (i) between a cannabis production establishment and another cannabis production establishment; (ii) between a cannabis processing facility and a medical cannabis pharmacy; and (iii) between a medical cannabis pharmacy and: (A) another medical cannabis pharmacy; or (B) for a medical cannabis shipment, a delivery address. (4) (a) It is unlawful for a registered cannabis production establishment agent to make a transport described in this section with a manifest that does not meet the requirements of this section. (b) Except as provided in Subsection (4)(d), an agent who violates Subsection (4)(a) is: (i) guilty of an infraction; and (ii) subject to a $100 fine. (c) An individual who is guilty of a violation described in Subsection (4)(b) is not guilty of a violation of Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, for the conduct underlying the violation described in Subsection (4)(b). (d) If the agent described in Subsection (4)(a) is transporting more cannabis or cannabis product than the manifest identifies, except for a de minimis administrative error: (i) the penalty described in Subsection (4)(b) does not apply; and (ii) the agent is subject to penalties under Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances. (5) Nothing in this section prevents the department from taking administrative enforcement action against a cannabis production establishment, medical cannabis pharmacy, medical cannabis courier, or another person for failing to make a transport in compliance with the requirements of this section. (6) An individual other than an individual described in Subsection (1) may transport a medical cannabis device within the state if the transport does not also contain medical cannabis.
Utah Code § 4-2-303 — Utah Code / Title 4 / Chapter 4-2 / § 4-2-303
§ 4-2-303. Violations unlawful.
Status: in_force

It is unlawful for a person, or the officer or employee of a person, to willfully violate, disobey, or disregard this title, a rule made under this title, or any notice or order issued under this title.
Utah Code § 4-3-604 — Utah Code / Title 4 / Chapter 4-3 / § 4-3-604
§ 4-3-604. Labeling.
Status: in_force

(1) A producer shall label the container of raw milk or a raw milk product with a label that states "raw milk" or "raw milk product" and meets the labeling requirements under 21 C.F.R. Parts 101 and 131 and rules made by the department. (2) In addition to complying with Subsection (1), a producer shall label the container described in Subsection (1) with: (a) a date, no more than nine days after the raw milk or raw milk product is produced, by which the raw milk or raw milk product should be sold; (b) the statement: "Raw milk or raw milk products, no matter how carefully produced, may be unsafe."; (c) handling instructions to preserve quality and avoid contamination or spoilage; (d) a specific colored label as determined by the department by rule; and (e) any other information required by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code § 4-39-304 — Utah Code / Title 4 / Chapter 4-39 / § 4-39-304
§ 4-39-304. Marking domesticated elk.
Status: in_force

A domesticated elk shall be marked by an electronic identification tag and unique visual tag pursuant to rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code § 4-1-103 — Utah Code / Title 4 / Chapter 4-1 / § 4-1-103
§ 4-1-103. Principles of law and equity applicable.
Status: in_force

Unless displaced by the particular provisions of this code, the principles of law and equity supplement the provisions of this title.
Utah Code § 4-11-114 — Utah Code / Title 4 / Chapter 4-11 / § 4-11-114
§ 4-11-114. Maintenance of abandoned apiary, equipment, or appliance -- Nuisance.
Status: in_force

(1) It is a public nuisance to keep an abandoned or diseased apiary, apiary equipment, or appliance anywhere other than in an enclosure that prohibits the entry of bees. (2) Items listed in Subsection (1) are subject to seizure and destruction by the county bee inspector. (3) Upon discovery of, or receipt of a written complaint concerning, an abandoned apiary site, apiary equipment, or appliance, the bee inspector shall attempt to notify the registered owner, if any. (4) (a) A registered owner notified under Subsection (3) shall remove the abandoned apiary, apiary equipment, or appliance or provide a bee-proof enclosure within 15 days. (b) The bee inspector or the department shall verify the removal or protection in accordance with Subsection (4)(a) at the expiration of the 15-day period. (c) If a registered owner does not comply with Subsection (4)(a), the bee inspector or the department may seize and destroy the abandoned apiary, apiary equipment, and appliances. (5) A bee inspector or the department may seize and destroy an abandoned apiary, apiary equipment, or appliances if the abandoned apiary, apiary equipment, or appliances do not indicate a registered owner.
Utah Code § 4-7-108 — Utah Code / Title 4 / Chapter 4-7 / § 4-7-108
§ 4-7-108. Applicant for dealer's license to post security -- Increase in amount of security posted -- Action on security authorized -- Duties of commissioner -- Option to require posting new security if action filed -- Effect of failure to post new security -- Commissioner's authority to call bond if not renewed.
Status: in_force

(1) (a) Before a license is issued to a dealer, the applicant shall post a corporate surety bond, irrevocable letter of credit, trust fund agreement, or any other security agreement considered reasonable in an amount not less than $10,000, as determined by the commissioner or as required by the Packers and Stockyards Act, 1921, 7 U.S.C. Sec. 181 et seq. (b) Any bond shall be written by a surety licensed under the laws of Utah and name the state, as obligee, for the use and benefit of producers. (c) The bond or other security posted shall be conditioned upon: (i) the faithful performance of contracts and the faithful accounting for and handling of livestock consigned to the dealer; (ii) the performance of the obligations imposed under this chapter; and (iii) the payment of court costs and attorney fees to the prevailing party incident to any suit upon the bond or other security posted. (2) (a) The commissioner may require a dealer who is issued a license to increase the amount of the bond or other security posted under Subsection (1)(a) if the commissioner determines the bond or other security posted is inadequate to secure performance of the dealer's obligations. (b) The commissioner shall notify the Packers and Stockyards Administration of an increase made under Subsection (2)(a). (c) The commissioner may suspend a dealer's license for failure to comply with Subsection (2)(a) within 10 days after notice is given to the dealer. (3) A consignor claiming damages, as a result of fraud, deceit, or willful negligence by a dealer or as a result of the dealer's failure to comply with this chapter, may bring an action upon the bond or other security posted for damages against both the principal and surety. (4) (a) If it is reported to the department by a consignor that a dealer has failed to pay in a timely manner for livestock received for sale, the commissioner shall: (i) ascertain the name and address of each consignor who is a creditor of the dealer; and (ii) request a verified written statement setting forth the amount claimed due from the dealer. (b) Upon receipt of the verified statements, the commissioner shall bring an action upon the bond or other security posted on behalf of the consignors who claim amounts due from the dealer. (5) (a) If an action is filed upon the bond or other security posted, the commissioner may require the filing of new security. (b) Immediately upon recovery in the action described in Subsection (5)(a), the commissioner shall require the dealer to file a new bond or other security. (c) (i) The commissioner may suspend a license if a dealer fails to file the bond or other security within 10 days after the commissioner's demand. (ii) A suspension described in Subsection (5)(c)(i) shall remain in effect until the dealer files a new bond or other security. (d) If the bond or other security posted under this section is not renewed within 10 days of its expiration date, unless the commissioner states in writing that this is unnecessary, the commissioner may obtain, after a hearing, the full amount of the bond or other security before it expires.
Utah Code § 4-3-607 — Utah Code / Title 4 / Chapter 4-3 / § 4-3-607
§ 4-3-607. Department rulemaking -- Fees -- Penalties and enforcement.
Status: in_force

(1) (a) Rules made by the department, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall include rules regarding: (i) permits; (ii) building and premises requirements; (iii) sanitation and operating requirements, including bulk milk tank requirements; (iv) additional tests; (v) use of a third-party testing laboratory within or outside of the state; (vi) frequency of inspections, including random cooler checks; (vii) recordkeeping; and (viii) packaging and labeling. (b) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the standards of identity for a raw milk product. (c) A producer operating under Section 4-3-608 or 4-3-609 is exempt from a rule made by the department under this part. (2) (a) The department may establish and collect a fee in accordance with Section 63J-1-504 for the testing or an inspection conducted in accordance with this part. (b) Notwithstanding Section 63J-1-504, the department shall retain the fee imposed under this Subsection (2) as a dedicated credit and may only use the fee to administer and enforce this part. (3) (a) If the Department of Health and Human Services or the department links a producer's raw milk or raw milk product to a foodborne illness outbreak and the department finds that the producer has violated this part, the department may impose upon the producer the following administrative penalties: (i) upon the first violation, a penalty of no more than $300; (ii) upon a second violation, a penalty of no more than $750; and (iii) upon a third or subsequent violation, a penalty of no more than $1,500. (b) The department may impose the penalties described in Subsection (2)(a) in addition to: (i) suspending a permit under Section 4-3-605; or (ii) issuing a cease and desist order under Section 4-3-606.
Utah Code § 4-1-109 — Utah Code / Title 4 / Chapter 4-1 / § 4-1-109
§ 4-1-109. General definitions.
Status: in_force

As used in this title: (1) "Agricultural product" or "product of agriculture" means any product that is derived from agriculture, including any product derived from aquaculture as defined in Section 4-37-103. (2) "Agriculture" means the science and art of the production of plants and animals useful to man, including the preparation of plants and animals for human use and disposal by marketing or otherwise. (3) "Commissioner" means the commissioner of agriculture and food. (4) "Department" means the Department of Agriculture and Food created in Chapter 2, Administration. (5) "Dietary supplement" means the same as that term is defined in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq. (6) "DOD civilian" means the same as that term is defined in Section 53H-11-202. (7) "Livestock" means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit. (8) "Local food" means an agricultural product or livestock that is: (a) produced, processed, and distributed for sale or consumption within the state; and (b) sold to an end consumer within the state. (9) "Organization" means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. (10) "Person" means a natural person or individual, corporation, organization, or other legal entity.
Utah Code § 4-24-506 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-506
§ 4-24-506. Penalties.
Status: in_force

A person who violates a provision of this chapter: (1) is guilty of a class B misdemeanor; and (2) may be subject to administrative fines, payable to the department, of up to $1,000 per violation.
Utah Code § 4-2-104 — Utah Code / Title 4 / Chapter 4-2 / § 4-2-104
§ 4-2-104. Administration by commissioner.
Status: in_force

(1) Administration of the department is under the direction, control, and management of a commissioner appointed by the governor with the advice and consent of the Senate. (2) The commissioner shall serve at the pleasure of the governor. (3) The governor shall establish the commissioner's compensation within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.