Utah Code § 4-22-201 — Utah Code / Title 4 / Chapter 4-22 / § 4-22-201
§ 4-22-201. Assessment imposed on sale of milk or cream produced, sold, or contracted for sale in state -- Time of assessment -- Collection by dealer or producer-handler -- Penalty for delinquent payment or collection -- Statement to be given to producer.
Status: in_force

(1) An assessment of 10 cents is imposed upon each 100 pounds of milk or cream produced and sold, or contracted for sale, through commercial channels in this state. (2) The assessment shall be: (a) based upon daily or monthly settlements; and (b) due at a time set by the commission, which may not be later than the last day of the month next succeeding the month of sale. (3) (a) The assessment shall be: (i) assessed against the producer at the time the milk or milk fat is delivered for sale; (ii) deducted from the sales price; and (iii) collected by the dealer or producer-handler. (b) The proceeds of the assessment shall be paid directly to the commission who shall issue a receipt to the dealer or producer-handler. (c) If a dealer or producer-handler fails to remit the proceeds of the assessment or deduct the assessment on time: (i) a penalty equal to 10% of the amount due is to be added to the assessment; and (ii) the commission may bring an action against the dealer or producer-handler for: (A) injunctive relief compelling payment of the assessment and penalty; (B) damages, including interest at the statutory prejudgment rate from the date the payment was due; (C) costs of collection, including reasonable attorney fees, whether incurred in litigation or otherwise; and (D) other relief to which the commission may be entitled at law or in equity. (4) (a) At the time of payment of the assessment, the dealer or producer-handler shall deliver a statement to the producer calculating the assessment. (b) The commission may require other relevant information to be included in the statement. (5) If the mandatory assessment required by the Dairy and Tobacco Adjustment Act of 1983, Pub. L. No. 98-180, 97 Stat. 1128 (1150.152), is abolished, a producer who objects to payment of the assessment imposed under this section may, by January 31, submit a written request to the commission for a refund of the amount of the assessment the producer paid during the previous year.
Utah Code § 4-41a-403 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-403
§ 4-41a-403. Advertising.
Status: in_force

(1) Except as provided in this section and Section 4-41a-604, a cannabis production establishment may not advertise to the general public in any medium. (2) A cannabis production establishment may advertise an employment opportunity at the cannabis production establishment. (3) (a) A cannabis production establishment may maintain a website that: (i) contains information about the establishment and employees; and (ii) except as provided in Subsection (3)(b), does not advertise any medical cannabis, cannabis products, or medical cannabis devices. (b) A cannabis processing facility may: (i) if the website has age verification mechanisms that effectively prevent access by individuals under 21 years old, maintain a website that contains: (A) educational information regarding medical cannabis produced by the cannabis processing facility, including the certificate of analysis that is created by an independent cannabis testing facility; and (B) where medical cannabis produced by the cannabis processing facility may be purchased in the state; and (ii) engage in targeted marketing in accordance with Section 4-41a-604 for advertising a particular medical cannabis product, medical cannabis device, or medical cannabis brand. (4) (a) Notwithstanding any municipal or county ordinance prohibiting signage, a cannabis production establishment may use signage on the outside of the cannabis production establishment that: (i) includes only: (A) in accordance with Subsection (4)(b), the cannabis production establishment's name, logo, and hours of operation; and (B) a green cross; and (ii) complies with local ordinances regulating signage. (b) The department shall define standards for a cannabis production establishment's name and logo to ensure a medical rather than recreational disposition. (5) (a) A cannabis production establishment may hold an educational event for the public or medical providers in accordance with this Subsection (5) and the rules described in Subsection (5)(c). (b) A cannabis production establishment may not include in an educational event described in Subsection (5)(a): (i) any topic that conflicts with this chapter or Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; (ii) any gift items or merchandise other than educational materials, as those terms are defined by the department; (iii) any marketing for a specific product from the cannabis production establishment or any other statement, claim, or information that would violate the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301, et seq.; or (iv) a presenter other than the following: (A) a cannabis production establishment agent; (B) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act; (C) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act; (D) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; (E) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act; or (F) a state employee. (c) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to define the elements of and restrictions on the educational event described in Subsection (5)(a), including a minimum age of 21 years old for attendees.
Utah Code § 4-24-105 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-105
§ 4-24-105. Commission to appoint supervisor for brand inspection -- Appointment subject to approval -- Salary.
Status: in_force

(1) The commissioner shall appoint a state supervisor for livestock brand inspection, subject to the approval of the Livestock Brand Board. (2) The salary or compensation of the supervisor shall be fixed in accordance with standards adopted by the Division of Finance.
Utah Code § 4-31-108 — Utah Code / Title 4 / Chapter 4-31 / § 4-31-108
§ 4-31-108. Euthanasia for postmortem examination.
Status: in_force

The commissioner may order the euthanasia and postmortem examination of a diseased domestic animal if the exact nature of the animal's disease is not readily determined through other means.
Utah Code § 4-2-301 — Utah Code / Title 4 / Chapter 4-2 / § 4-2-301
§ 4-2-301. Attorney general legal advisor for department -- County or district attorney may bring action upon request of department for violations of title.
Status: in_force

(1) The attorney general is the legal advisor for the department and shall defend the department and the department's representatives in all actions and proceedings brought against the department. (2) (a) The county attorney or the district attorney, as provided in Title 17, Chapter 68, County and District Attorney, of the county in which a cause of action arises or a public offense occurs may bring civil or criminal action, upon request of the department, to enforce the laws, standards, orders, and rules of the department or to prosecute violations of this title. (b) If the county attorney or district attorney fails to act under Subsection (2)(a), the department may request the attorney general to bring an action on behalf of the department.
Utah Code § 4-17-103 — Utah Code / Title 4 / Chapter 4-17 / § 4-17-103
§ 4-17-103. Commissioner -- Functions, powers, and duties.
Status: in_force

The commissioner or the commissioner's designee shall: (1) investigate and designate noxious weeds on a statewide basis; (2) compile and publish annually a list of statewide noxious weeds; (3) coordinate and assist in inter-county noxious weed enforcement activities; (4) determine whether each county complies with this chapter; (5) assist a county that fails to carry out the provisions of this chapter in the county's implementation of a weed control program; (6) prescribe the form and general substantive content of notices to the public and to individuals concerning the prevention and control of noxious weeds; (7) compile and publish a list of articles capable of disseminating noxious weeds or seeds and designate treatment to prevent dissemination; and (8) regulate the flow of contaminated articles into the state and between counties to prevent the dissemination of noxious weeds or seeds.
Utah Code § 4-24-301 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-301
§ 4-24-301. State may be divided into brand inspection districts -- Description filed with county clerk and sheriff.
Status: in_force

(1) The commissioner, to facilitate and improve brand inspection, may divide the state into brand inspection districts. (2) District boundaries may be changed as considered necessary by the commissioner, with the approval of the Livestock Brand Board. (3) Brand inspection stations within brand inspection districts may be located and established by the commissioner to assist in the enforcement of this chapter.
Utah Code § 4-2-201 — Utah Code / Title 4 / Chapter 4-2 / § 4-2-201
§ 4-2-201. Appointment of the state chemist.
Status: in_force

The commissioner shall appoint a state chemist.
Utah Code § 4-41a-502 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-502
§ 4-41a-502. Cannabis -- Labeling and child-resistant packaging.
Status: in_force

(1) For any cannabis that a cannabis cultivation facility cultivates or otherwise produces and subsequently ships to another cannabis production establishment, the facility shall: (a) label the cannabis with a label that has a unique batch identification number that is connected to the inventory control system; and (b) package the cannabis in a container that is: (i) tamper evident; and (ii) not appealing to children. (2) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to further define standards regarding containers that may appeal to children under Subsection (1)(b)(ii).
Utah Code § 4-37-110 — Utah Code / Title 4 / Chapter 4-37 / § 4-37-110
§ 4-37-110. Inspection of records and facilities.
Status: in_force

(1) The following records and information shall be maintained by an aquaculture or fee fishing facility for a period of two years and shall be available for inspection by a department representative during reasonable hours: (a) records of purchase, acquisition, distribution, and production histories of aquatic animals; (b) a license; and (c) valid identification of stocks, including origin of stocks. (2) Department representatives may conduct pathological, fish culture, or physical investigations at any aquaculture, public aquaculture, or fee fishing facility during reasonable hours.
Utah Code § 4-9-103 — Utah Code / Title 4 / Chapter 4-9 / § 4-9-103
§ 4-9-103. Authority to make rules.
Status: in_force

The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to make and enforce rules necessary to administer and enforce this chapter.
Utah Code § 4-32-104 — Utah Code / Title 4 / Chapter 4-32 / § 4-32-104
§ 4-32-104. Emergency rules.
Status: in_force

The department may make emergency rules concerning the meat and poultry inspection program only in accordance with Section 63G-3-304.
Utah Code § 4-33-102 — Utah Code / Title 4 / Chapter 4-33 / § 4-33-102
§ 4-33-102. Purpose of chapter.
Status: in_force

It is the purpose of this chapter to promote the safety and welfare of users of motor fuels in this state and also to promote the orderly marketing of motor fuels.
Utah Code § 4-18-302 — Utah Code / Title 4 / Chapter 4-18 / § 4-18-302
§ 4-18-302. Definitions.
Status: in_force

As used in this part: (1) "Agricultural producer" means a person engaged in the production of a product of agriculture, as defined in Section 4-1-109. (2) "Commission" means the Conservation Commission created in Section 4-18-104. (3) "Commissioner" means the commissioner of agriculture and food or the commissioner's designee. (4) "Demonstration project" means an on- or off-farm or ranch project that incorporates soil health practices and principles into soil management for the purposes of demonstrating soil health practices and the resulting impacts to agricultural producers and others. (5) (a) "Educational project" means a project that promotes knowledge about soil health to eligible entities, consumers, policymakers, and others. (b) "Educational project" includes the development of written or video-based materials or in-person events, such as workshops, field days, or conferences. (6) "Eligible entities" means public, governmental, and private entities, including: (a) conservation districts; (b) producers; (c) groups of producers; (d) producer groups; (e) producer cooperatives; (f) water conservancy districts; (g) American Indian Tribes; (h) nonprofit entities; (i) academic or research institutions and subdivisions of these institutions; (j) the United States or any corporation or agency created or designed by the United States; or (k) the state or any of the state's agencies or political subdivisions. (7) "Environmental benefits" means benefits to natural and agricultural resources and human health, including: (a) improved air quality; (b) surface or ground water quality and quantity; (c) improved soil health, including nutrient cycling, soil fertility, or drought resilience; (d) reductions in agricultural inputs; (e) carbon sequestration or climate resilience; (f) increased biodiversity; or (g) improved nutritional quality of agricultural products. (8) "Historically underserved producer" means a producer who qualifies as one of the following: (a) a beginning farmer or rancher, as defined in 7 U.S.C. Sec. 2279; (b) a limited resource farmer or rancher, as described in 7 U.S.C. Sec. 9081; (c) a socially disadvantaged farmer or rancher, as defined in 7 U.S.C. Sec. 2003; or (d) a veteran farmer or rancher, as defined in 7 U.S.C. Sec. 1502. (9) "Implementation project" means a project that provides incentives directly to producers to implement on-farm or on-ranch soil health practices. (10) "Incentives" means monetary incentives, including grants and loans, or non-monetary incentives, including equipment, technical assistance, educational materials, outreach, and market development assistance for market premiums or ecosystem services markets. (11) "Land manager" means a manager of land where agricultural activities occur, including: (a) a federal land manager; (b) a lessee of federal, tribal, state, county, municipal, or private land where agricultural activities occur; or (c) others as the department may determine. (12) "Landowner" means an owner of record of federal, tribal, state, county, municipal, or private land where agricultural activities occur. (13) "Program" means the Utah Soil Health Program created in Section 4-18-303. (14) (a) "Research project" means a project that advances the scientific understanding of how agricultural practices improve soil health, and related impacts, such as environmental benefits, benefits to human health, including the nutritive composition of foods, or economic impacts. (b) "Research project" includes projects at experiment stations, on: (i) lands owned by the United States or any corporation or agency created or designed by the United States; (ii) lands owned by the state or any of the state's agencies or political subdivisions; or (iii) private lands. (15) "Soil health" means the continued capacity of soil to function as a vital living ecosystem that sustains plants, animals, and humans. (16) "Soil health activities" means implementation of soil health practices, research projects, demonstration projects, or educational projects, or other activities the department finds necessary or appropriate to promote soil health. (17) "Soil Health Advisory Committee" means the committee created in Section 4-18-306. (18) "Soil health grant program" means the grant program authorized in Section 4-18-304. (19) "Soil health practices" means those practices that may contribute to soil health, including: (a) no-tillage; (b) conservation tillage; (c) crop rotations; (d) intercropping; (e) cover cropping; (f) planned grazing; (g) the application of soil amendments that add carbon or organic matter, including biosolids, manure, compost, or biochar; (h) revegetation; or (i) other practices the department determines contribute or have the potential to contribute to soil health. (20) "Soil health principle" means a principle that promotes soil health and includes maximizing soil cover, minimizing soil disturbance, maximizing biodiversity, maintaining a continual live plant or root in the soil, or integrating livestock. (21) "State soil health inventory and platform" means a tool, including a geospatial inventory, documenting: (a) the condition of agricultural soils; (b) the implementation of soil health practices; or (c) the environmental and economic impacts, including current and potential future carbon holding capacity of soils, or other information the department considers appropriate. (22) "Technical assistance organization" means a person, including an eligible entity, who has demonstrated technical expertise in implementing soil health practices and soil health principles, as determined by the department.
Utah Code § 4-23-110 — Utah Code / Title 4 / Chapter 4-23 / § 4-23-110
§ 4-23-110. Applicability of chapter.
Status: in_force

This chapter, unless contrary to a federal statute, shall apply to all federal, state, and private lands.
Utah Code § 4-41a-1102 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-1102
§ 4-41a-1102. Dispensing -- Amount a medical cannabis pharmacy may dispense -- Reporting -- Form of cannabis or cannabis product.
Status: in_force

(1) (a) A medical cannabis pharmacy may not sell a product other than: (i) medical cannabis that the medical cannabis pharmacy acquired from another medical cannabis pharmacy or a cannabis processing facility that is licensed under Section 4-41a-201; (ii) a medical cannabis device; or (iii) educational material related to the medical use of cannabis. (b) A medical cannabis pharmacy may only sell an item listed in Subsection (1)(a) to an individual with: (i) (A) a medical cannabis card; or (B) a registration described in Subsection 26B-4-213(10); and (ii) a corresponding government issued photo identification. (c) Notwithstanding Subsection (1)(a), a medical cannabis pharmacy may not sell a cannabis-based drug that the United States Food and Drug Administration has approved. (d) Notwithstanding Subsection (1)(b), a medical cannabis pharmacy may not sell a medical cannabis device or medical cannabis to an individual described in Subsection 26B-4-213(2)(a)(i)(B) or to a minor described in Subsection 26B-4-213(2)(c) unless the individual or minor has the approval of the Compassionate Use Board in accordance with Subsection 4-41a-112(4). (2) A medical cannabis pharmacy: (a) may dispense to a medical cannabis cardholder, in any one 28-day period, up to the legal dosage limit of: (i) unprocessed cannabis that: (A) is in a medicinal dosage form; and (B) carries a label clearly displaying the amount of tetrahydrocannabinol and cannabidiol in the cannabis; and (ii) a cannabis product that is in a medicinal dosage form; and (b) may not dispense: (i) except for a medical cannabis cardholder approved under Subsection 26B-4-245(2), more medical cannabis than described in Subsection (2)(a); or (ii) any medical cannabis to an individual whose recommending medical provider did not recommend directions of use and dosing guidelines, until the individual consults with the pharmacy medical provider in accordance with Subsection 26B-4-231(5). (3) (a) A medical cannabis pharmacy shall: (i) (A) access the state electronic verification system before dispensing medical cannabis to a medical cannabis cardholder in order to determine if the cardholder or, where applicable, the associated patient has met the maximum amount of medical cannabis described in Subsection (2); and (B) if the verification in Subsection (3)(a)(i)(A) indicates that the individual has met the maximum amount described in Subsection (2), decline the sale, and notify the recommending medical provider who made the underlying recommendation; (ii) submit a record to the state electronic verification system each time the medical cannabis pharmacy dispenses medical cannabis to a medical cannabis cardholder; (iii) ensure that the pharmacy medical provider who is a licensed pharmacist reviews each medical cannabis transaction before dispensing the medical cannabis to the cardholder in accordance with pharmacy practice standards; (iv) package any medical cannabis in a container that: (A) complies with Subsection 4-41a-602(1)(b) or, if applicable, provisions related to a container for unprocessed cannabis flower in the definition of "medicinal dosage form" in Section 26B-4-201; and (B) is tamper-resistant and tamper-evident; (v) for a product that is a cube that is designed for ingestion through chewing or holding in the mouth for slow dissolution, include a separate, off-label warning about the risks of over-consumption; and (vi) beginning January 1, 2024, for medical cannabis that is cannabis flower, vaporizer cartridges, or concentrate, provide the product's terpene profiles collected under Subsection 4-41a-701(4) at or before the point of sale. (b) A medical cannabis cardholder transporting or possessing the container described in Subsection (3)(a)(iv) in public shall keep the container within the opaque bag or box that the medical cannabis pharmacist provides. (c) A medical cannabis pharmacy shall provide an opaque bag or box for the medical cannabis cardholder to use in transporting the medical cannabis in public if the medical cannabis cardholder does not provide an opaque bag or box. (4) (a) Except as provided in Subsection (4)(b), a medical cannabis pharmacy may not sell medical cannabis in the form of a cigarette or a medical cannabis device that is intentionally designed or constructed to resemble a cigarette. (b) A medical cannabis pharmacy may sell a medical cannabis device that warms cannabis material into a vapor without the use of a flame and that delivers cannabis to an individual's respiratory system. (5) (a) A medical cannabis pharmacy may not give, at no cost, a product that the medical cannabis pharmacy is allowed to sell under Subsection (1)(a)(i) or (ii). (b) A medical cannabis pharmacy may give, at no cost, educational material related to the medical use of cannabis. (6) A medical cannabis pharmacy may purchase and store medical cannabis devices regardless of whether the seller has a cannabis-related license under this chapter or Title 26B, Utah Health and Human Services Code.
Utah Code § 4-17-108 — Utah Code / Title 4 / Chapter 4-17 / § 4-17-108
§ 4-17-108. Weed control supervisor -- Qualification -- Appointment -- Duties.
Status: in_force

(1) (a) Each commission may employ one or more weed control supervisors qualified to: (i) detect and treat noxious weeds; and (ii) direct the weed control program for the county weed control board. (b) A person may be a weed control supervisor for more than one county weed control board. (c) Terms and conditions of employment shall be prescribed by the commission. (2) A supervisor, under the direction of the local county weed control board, shall: (a) examine all land under the jurisdiction of the county weed control board to determine whether this chapter and the rules adopted by the department have been met; (b) compile data on infested areas; (c) consult and advise upon matters pertaining to the best and most practical method of noxious weed control and prevention; (d) render assistance and direction for the most effective control and prevention; (e) investigate violations of this chapter; (f) enforce noxious weed controls within the county; and (g) perform any other duties required by the county weed control board.
Utah Code § 4-38-202 — Utah Code / Title 4 / Chapter 4-38 / § 4-38-202
§ 4-38-202. Stewards.
Status: in_force

(1) (a) The commission may delegate authority to enforce commission rules and this chapter to three stewards at each recognized race meet. At least one of the stewards shall be selected by the commission. (b) For the purpose of enforcing this chapter and the rules and orders of the commission, a decision by the stewards shall be passed by a majority vote. (c) Stewards shall exercise reasonable and necessary authority as designated by rules of the commission including the following: (i) enforce rules of the commission; (ii) rule on the outcome of events; (iii) evict from an event any person who has been convicted of bookmaking, bribery, or attempts to alter the outcome of any race through tampering with any animal that is not in accordance with this chapter or the rules of the commission; (iv) levy fines not to exceed $2,500 for violations of rules of the commission, which fines shall be reported daily and paid to the commission within 48 hours of imposition and notice; (v) suspend licenses not to exceed one year for violations of rules of the commission, which suspension shall be reported to the commission daily; (vi) recommend that the commission impose fines or suspensions greater than permitted by Subsections (1)(c)(iv) and (v); and (vii) exclude a horse from a racetrack facility in this state, or prohibit a horse from participating in a horse race or race meet. (2) If a majority of the stewards agree, they may impose fines or suspend licenses. (3) (a) A fine or license suspension imposed by a steward may be appealed in writing to the commission within five days after the fine or license suspension imposition. The commission may affirm or reverse the decision of a steward or may increase or decrease any fine or suspension. (b) A fine imposed by the commission under this section or Section 4-38-301 may not exceed $5,000. (c) Suspensions of a license may be for any period of time but shall be commensurate with the seriousness of the offense.
Utah Code § 4-9-109 — Utah Code / Title 4 / Chapter 4-9 / § 4-9-109
§ 4-9-109. Adopting uniform regulation for the voluntary registration of servicepersons and service agencies for commercial weighing and measuring devices.
Status: in_force

Unless modified by the department, the Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices, 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 registration of servicepersons and service agencies in the state.
Utah Code § 4-15-113 — Utah Code / Title 4 / Chapter 4-15 / § 4-15-113
§ 4-15-113. Suspension or revocation -- Grounds -- Notice and hearing.
Status: in_force

(1) Subject to Subsection (2), the department may suspend or revoke the license of any nursery, nursery outlet, or agent that violates Section 4-15-110 or 4-15-111. (2) A suspension or revocation shall not be effective until after the nursery, nursery outlet, or agent is afforded notice and a hearing.
Utah Code § 4-41a-1002 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-1002
§ 4-41a-1002. Medical cannabis pharmacy owners and directors -- Criminal background checks.
Status: in_force

(1) Each applicant to whom the department issues a notice of intent to award a license to operate as a medical cannabis pharmacy shall submit, before the department may award the license, 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 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 § 4-10-103 — Utah Code / Title 4 / Chapter 4-10 / § 4-10-103
§ 4-10-103. Authority to make and enforce rules.
Status: in_force

The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to make and enforce rules to administer and enforce this chapter.
Utah Code § 4-11-112 — Utah Code / Title 4 / Chapter 4-11 / § 4-11-112
§ 4-11-112. Quarantine authorized.
Status: in_force

The commissioner, in order to protect the bee industry of the state against bee health or management issues, may quarantine the entire state, an entire county, or any apiary or specific hive within the state.
Utah Code § 4-11-113 — Utah Code / Title 4 / Chapter 4-11 / § 4-11-113
§ 4-11-113. Unlawful acts specified.
Status: in_force

It is unlawful for a person to: (1) extract honey in any place where bees can gain access either during or after the extraction process; (2) maintain any neglected or abandoned hives, apiary equipment, or appliances other than in an enclosure that prohibits the entrance of bees; (3) raise bees without being registered with the department; or (4) knowingly sell a colony, apiary equipment, or appliance that is inoculated with terminal disease pathogens.
Utah Code § 4-39-301 — Utah Code / Title 4 / Chapter 4-39 / § 4-39-301
§ 4-39-301. Proof of source.
Status: in_force

The department shall require proof that the domesticated elk originates from a legal source as provided in Section 4-39-302.
Utah Code § 4-47-201 — Utah Code / Title 4 / Chapter 4-47 / § 4-47-201
§ 4-47-201. Elimination by the county executive -- Notice of intention.
Status: in_force

(1) The county executive may provide for the elimination of abandoned horses in the respective counties in the following manner: (a) The county executive shall cause notice to be: (i) (A) published at least once a week for three successive weeks in a newspaper of general circulation published in the county; and (B) in accordance with Section 45-1-101, published for three weeks; (ii) posted in at least five public places outside of the county seat on public highways in such county; and (iii) posted in three public places at the county seat, one of which shall be at the front door of the courthouse. (b) The notices posted outside of the county seat shall be posted not less than two miles apart, and all posted notices shall be posted at least 30 days before the date which the county executive shall fix for the beginning of the elimination of abandoned horses from the range in such county as hereinafter provided. (2) The notice shall be substantially in the following form:Notice is hereby given that in accordance with the provisions of law the county executive of ____ County, Utah, will proceed to eliminate abandoned horses from the open range in said county, and that beginning on __________(month\day\year), a drive will be held, and all abandoned horses running upon the open range will, under the direction and supervision of the county executive, be eliminated. All owners of horses running upon the open range are hereby given notice to file with the county executive a description of the horses, and the brands or marks thereon.Dated this __________(month\day\year).By order of the county executive of ____ County, Utah._______________County Clerk.
Utah Code § 4-17-102 — Utah Code / Title 4 / Chapter 4-17 / § 4-17-102
§ 4-17-102. Definitions.
Status: in_force

As used in this chapter: (1) "Commission" means the county legislative body of each county of this state. (2) "Commissioner" means the commissioner of agriculture and food or the commissioner's representative. (3) "County noxious weed" means any plant that is: (a) not on the state noxious weed list; (b) especially troublesome in a particular county; and (c) declared by the county legislative body to be a noxious weed within the county. (4) "Noxious weed" means any plant the commissioner determines to be especially injurious to public health, crops, livestock, land, or other property.
Utah Code § 4-24-201 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-201
§ 4-24-201. Central Brand Registry -- Division of state into brand districts -- Identical or confusingly similar brands -- Publication of registered brands.
Status: in_force

(1) The department shall maintain a central Brand Registry that lists each brand recorded in this state. For each brand registered the list shall specify: (a) the name and address of the registrant; (b) a facsimile or diagram of the brand recorded; (c) the location of the brand upon the animal; and (d) the date the brand is filed in the central Brand Registry. (2) The commissioner may divide the state into districts for the purpose of recording brands, but a brand that is identical or confusingly similar to a brand previously recorded in a district may not be recorded. (3) (a) A brand that is identical or confusingly similar to a brand previously filed in the central Brand Registry may not be recorded. (b) If two or more brands appear identical or confusingly similar: (i) the brand first recorded shall prevail over a later conflicting brand; and (ii) the later brand shall be cancelled and the recording fees refunded to the owner. (4) (a) The commissioner shall publish from time to time a list of all brands recorded in the central Brand Registry and may issue supplements to that publication containing additional brands or changes in ownership of brands recorded after the last publication. (b) The commissioner may publish the publication described in Subsection (4)(a) in hard copy or electronic copy. (c) The publication published under Subsection (4)(a) shall contain a facsimile or diagram of all brands recorded together with the owner's name and address. (d) The commissioner shall, upon request, send one electronic copy of the publication published under Subsection (4)(a) and each supplement to each brand inspector, county clerk, county sheriff, livestock organization, or any other person considered appropriate. (e) The department shall make the publication described in Subsection (4)(a) available to the public. (f) The department shall, upon request, make a hard copy of the publication described in Subsection (4)(a) available at the cost of printing and distribution per publication.
Utah Code § 4-41-103.1 — Utah Code / Title 4 / Chapter 4-41 / § 4-41-103.1
§ 4-41-103.1. Authority to regulate production, sale, and testing of cannabinoid products and industrial hemp -- Information sharing with the State Tax Commission.
Status: in_force

(1) The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: (a) establish requirements for a cannabinoid processor license to process cannabinoid products; (b) establish requirements for an industrial hemp retailer permit to market or sell industrial hemp products; (c) establish the standards, methods, practices, and procedures a laboratory must use when: (i) testing industrial hemp, transportable industrial hemp concentrate, and cannabinoid products; and (ii) disposing of non-compliant material; (d) establish requirements for registration of processors of non-cannabinoid industrial hemp products; and (e) establish standards for transporting transportable industrial hemp concentrate into and out of the state. (2) The department shall maintain a list of each licensee and permittee. (3) Beginning January 1, 2025, the department shall provide to the State Tax Commission: (a) a regularly updated list of every retailer permittee that sells a cannabinoid product; (b) any information obtained by the department regarding a person who is not a retailer permittee and is selling a cannabinoid product; and (c) the tax identification number: (i) for a retailer permittee described in Subsection (3)(a); and (ii) a person described in Subsection (3)(b).
Utah Code § 4-41a-402 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-402
§ 4-41a-402. Inspections.
Status: in_force

(1) The department may inspect the records and facility of a cannabis production establishment at any time during business hours to determine if the cannabis production establishment complies with this chapter. (2) (a) An inspection under this section may include: (i) inspection of a site, facility, vehicle, book, record, paper, document, data, and other physical or electronic information; (ii) questioning of any relevant individual; (iii) observation of an independent cannabis testing laboratory's methods, standards, practices, and procedures; (iv) the taking of a specimen of cannabis or cannabis products sufficient for testing purposes; or (v) inspection of equipment, an instrument, a tool, or machinery, including a container or label. (b) Notwithstanding Section 4-41a-404, an authorized department employee may possess and transport a specimen of cannabis or cannabis products for testing described in Subsection (2)(a). (3) In making an inspection under this section, the department may freely access any area and review and make copies of a book, record, paper, document, data, or other physical or electronic information, including financial data, sales data, shipping data, pricing data, and employee data. (4) Failure to provide the department or the department's authorized agents immediate access to records and facilities during business hours in accordance with this section may result in: (a) the imposition of a civil monetary penalty that the department sets in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (b) license or registration suspension or revocation; or (c) an immediate cessation of operations under a cease and desist order that the department issues.
Utah Code § 4-41a-1104 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-1104
§ 4-41a-1104. Advertising.
Status: in_force

(1) Except as provided in this section, a person may not advertise in any medium regarding a medical cannabis pharmacy or the dispensing of medical cannabis within the state. (2) A medical cannabis pharmacy may: (a) advertise an employment opportunity at the medical cannabis pharmacy; (b) notwithstanding any municipal or county ordinance prohibiting signage, use signage on the outside of the medical cannabis pharmacy that: (i) includes only: (A) in accordance with Subsection 4-41a-109(4), the medical cannabis pharmacy's name, logo, and hours of operation; and (B) a green cross; and (ii) complies with local ordinances regulating signage; (c) advertise in any medium: (i) the pharmacy's name and logo; (ii) the location and hours of operation of the medical cannabis pharmacy; (iii) a service available at the medical cannabis pharmacy; (iv) personnel affiliated with the medical cannabis pharmacy; (v) whether the medical cannabis pharmacy is licensed as a home delivery medical cannabis pharmacy; (vi) best practices that the medical cannabis pharmacy upholds; and (vii) educational material related to the medical use of cannabis, as defined by the department; (d) hold an educational event for the public or medical providers in accordance with Subsection (3) and the rules described in Subsection (4); (e) maintain on the medical cannabis pharmacy's website non-promotional information regarding the medical cannabis pharmacy's inventory; or (f) engage in targeted marketing, as determined by the department through rule, for advertising a particular medical cannabis product, medical cannabis device, or medical cannabis brand. (3) A medical cannabis pharmacy may not include in an educational event described in Subsection (2)(d): (a) any topic that conflicts with this chapter or Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; (b) any gift items or merchandise other than educational materials, as those terms are defined by the department; (c) any marketing for a specific product from the medical cannabis pharmacy or any other statement, claim, or information that would violate the federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301, et seq.; or (d) a presenter other than the following: (i) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act; (ii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act; (iii) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; (iv) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act; (v) a medical practitioner, similar to a practitioner described in Subsections (3)(d)(i) through (iv), who is licensed in another state or country; (vi) a state employee; or (vii) if the presentation relates to a cannabis topic other than medical treatment or medical conditions, an individual whom the department approves based on the individual's background and credentials in the presented topic. (4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to define: (a) the educational material described in Subsection (2)(c)(vii); and (b) the elements of and restrictions on the educational event described in Subsection (3), including: (i) a minimum age of 21 years old for attendees; and (ii) an exception to the minimum age for a medical cannabis patient cardholder who is at least 18 years old.
Utah Code § 4-37-202 — Utah Code / Title 4 / Chapter 4-37 / § 4-37-202
§ 4-37-202. Acquisition of aquatic animals for use in aquaculture facilities.
Status: in_force

(1) Live aquatic animals intended for use in aquaculture 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 as provided in Part 5, Health Approval. (2) A person holding a license for an aquaculture facility shall submit annually to the department a record of each purchase of live aquatic animals and transfer of live aquatic animals into the facility. This record shall include the following information: (a) name, address, and health approval number of the source; (b) date of transaction; and (c) number and weight by species. (3) The records required by Subsection (2) shall be submitted to the department before a license is renewed or a subsequent license is issued.
Utah Code § 4-41a-204 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-204
§ 4-41a-204. Operating plan.
Status: in_force

(1) A person applying for a cannabis production establishment license or license renewal shall submit to the department for the department's review a proposed operating plan that complies with this section and that includes: (a) a description of the physical characteristics of each proposed facility, including a floor plan and an architectural elevation; (b) a description of the credentials and experience of: (i) each officer, director, and owner of the proposed cannabis production establishment; and (ii) any highly skilled or experienced prospective employee; (c) the cannabis production establishment's employee training standards; (d) a security plan; (e) a description of the cannabis production establishment's inventory control system, including a description of how the inventory control system is compatible with the state electronic verification system described in Section 26B-4-202; (f) storage protocols, both short- and long-term, to ensure that cannabis is stored in a manner that is sanitary and preserves the integrity of the cannabis; (g) for a cannabis cultivation facility, the information described in Subsection (2); (h) for a cannabis processing facility, the information described in Subsection (3); (i) for an independent cannabis testing laboratory, the information described in Subsection (4); and (j) for a cannabis production establishment located in an industrial zone, a plan to reduce odor created by the cannabis production establishment that: (i) meets local ordinance nuisance laws; and (ii) identifies: (A) operations and materials that generate odors; and (B) equipment, operations, or materials the cannabis production establishment will use to mitigate odor emissions, including plans to maintain equipment. (2) (a) A cannabis cultivation facility shall ensure that the facility's operating plan includes the facility's intended: (i) cannabis cultivation practices, including the facility's intended pesticide use and plant food use; and (ii) subject to Subsection (2)(b), acreage or square footage under cultivation and anticipated cannabis yield. (b) Except as provided in Subsection (2)(c)(i) or (c)(ii), a cannabis cultivation facility may not: (i) for a facility that cultivates cannabis only indoors, use more than 100,000 total square feet of cultivation space; (ii) for a facility that cultivates cannabis only outdoors, use more than four acres for cultivation; and (iii) for a facility that cultivates cannabis through a combination of indoor and outdoor cultivation, use more combined indoor square footage and outdoor acreage than allowed under the department's formula described in Subsection (2)(e). (c) (i) Each licensee may apply to the department for: (A) a one-time, permanent increase of up to 20% of the limitation on the cannabis cultivation facility's cultivation space; or (B) a short-term increase, not to exceed 12 months, of up to 40% of the limitation on the cannabis cultivation facility's cultivation space. (ii) After conducting a review equivalent to the review described in Subsection 4-41a-205(2)(a), if the department determines that additional cultivation is needed, the department may: (A) grant the one-time, permanent increase described in Subsection (2)(c)(i)(A); or (B) grant the short-term increase described in Subsection (2)(c)(i)(B). (d) If a licensee describes an intended acreage or square footage under cultivation under Subsection (2)(a)(ii) that is less than the limitation described in Subsection (2)(b), the licensee may not cultivate more than the licensee's identified intended acreage or square footage under cultivation. (e) The department shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish a formula for combined usage of indoor and outdoor cultivation that: (i) does not exceed, in estimated cultivation yield, the aggregate limitations described in Subsection (2)(b)(i) or (ii); and (ii) allows a cannabis cultivation facility to operate both indoors and outdoors. (f) (i) The department may authorize a cannabis cultivation facility to operate at no more than three separate locations. (ii) If the department authorizes multiple locations under Subsection (2)(f)(i): (A) the multiple cannabis cultivation facility locations combined may not exceed the cultivation limitations described in this Subsection (2); and (B) the cannabis cultivation facility shall pay a $15,000 fee for each location after the second location. (3) A cannabis processing facility's operating plan shall include the facility's intended cannabis processing practices, including the cannabis processing facility's intended: (a) offered variety of cannabis product; (b) cannabinoid extraction method; (c) cannabinoid extraction equipment; (d) processing equipment; (e) processing techniques; and (f) sanitation and manufacturing safety procedures for items for human consumption. (4) An independent cannabis testing laboratory's operating plan shall include the laboratory's intended: (a) cannabis and cannabis product testing capability; (b) cannabis and cannabis product testing equipment; and (c) testing methods, standards, practices, and procedures for testing cannabis and cannabis products. (5) Notwithstanding an applicant's proposed operating plan, a cannabis production establishment is subject to land use regulations implemented by a local land use authority under Title 10, Chapter 20, Municipal Land Use, Development, and Management Act, or Title 17, Chapter 79, County Land Use, Development, and Management Act, regarding the availability of outdoor cultivation in an industrial zone.
Utah Code § 4-31-103 — Utah Code / Title 4 / Chapter 4-31 / § 4-31-103
§ 4-31-103. Dead animals -- Deposit on another's land prohibited.
Status: in_force

A person may not deposit a dead animal upon the land of another person without the landowner's consent.
Utah Code § 4-17-106 — Utah Code / Title 4 / Chapter 4-17 / § 4-17-106
§ 4-17-106. Commissioner may require county weed control board to justify failure to enforce provisions.
Status: in_force

If the commissioner determines that the weed control board of any county has failed to perform the board's duties under this chapter, the commissioner may require the board to justify, in writing, the board's failure to enforce these provisions within the board's county.
Utah Code § 4-41a-702 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-702
§ 4-41a-702. Reporting -- Inspections -- Seizure by the department.
Status: in_force

(1) If an independent cannabis testing laboratory determines that the results of a lab test indicate that a cannabis or cannabis product batch may be unsafe for human use: (a) the independent cannabis testing laboratory shall report the results and the cannabis or cannabis product batch to: (i) the department; and (ii) the cannabis production establishment that prepared the cannabis or cannabis product batch; (b) the department shall place a hold on the cannabis or cannabis product batch to: (i) investigate the cause of the defective batch; and (ii) make a determination; and (c) the cannabis production establishment that prepared the cannabis or cannabis product batch may appeal the determination described in Subsection (1)(b)(ii) to the department. (2) If the department determines, under Subsection (1)(b)(ii) or following an appeal under Subsection (1)(c), that a cannabis or cannabis product prepared by a cannabis production establishment is unsafe for human consumption, the department may seize, embargo, or destroy, in the same manner as a cannabis production establishment under Section 4-41a-405, the cannabis or cannabis product batch. (3) If an independent cannabis testing laboratory determines that the results of a lab test indicate that the cannabinoid content of a cannabis or cannabis product batch diverges more than 10% from the amounts the label indicates, the cannabis processing facility may not sell the cannabis or cannabis product batch unless the facility replaces the incorrect label with a label that correctly indicates the cannabinoid content.
Utah Code § 4-14-112 — Utah Code / Title 4 / Chapter 4-14 / § 4-14-112
§ 4-14-112. Ornamental and turf technician -- Salesperson.
Status: in_force

(1) (a) An individual shall obtain a permit as an ornamental and turf technician before commercially applying a herbicide that is: (i) classified as a general use pesticide with a "caution" or "warning" signal word on the product label; and (ii) being applied for ornamental and turf weed pest control. (b) An individual may obtain a permit under this Subsection (1) by: (i) submitting an application on a form provided by the department; (ii) showing evidence of completing the training required under Subsection (1)(c); (iii) having no outstanding infractions and owing no money to the department; and (iv) paying the permit fee determined by the department according to Subsection 4-2-103(2). (c) A ornamental and turf technician may apply a herbicide described in Subsection (1)(a) if the ornamental and turf technician: (i) completes in each calendar year that the ornamental and turf technician applies a herbicide described in Subsection (1)(a) a video training approved by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (ii) works under the indirect supervision of a certified applicator licensed under Section 4-14-103 who is employed by the same pesticide applicator business that employs the ornamental and turf technician; and (iii) understands and complies with the label on a herbicide described in Subsection (1)(a). (d) An ornamental and turf technician may not apply a pesticide that is not described in Subsection (1)(a). (e) A pesticide applicator business violates Subsection 4-14-111(6), if an ornamental and turf technician employed by the pesticide applicator business: (i) does not hold a permit under this section; (ii) fails to complete the training required by Subsection (1)(c); (iii) works without the indirect supervision of a certified applicator licensed under Section 4-14-103; (iv) fails to apply a pesticide described in Subsection (1)(a) in accordance with the pesticide's label; or (v) applies a pesticide not described in Subsection (1)(a), including applying: (A) a herbicide with a "danger" signal word; (B) a pesticide for any other purpose than ornamental and turf weed pest control; or (C) a restricted use pesticide. (2) (a) An individual shall obtain a permit as a salesperson before soliciting a person to agree to the application of a pesticide. (b) An individual may obtain a permit under this Subsection (2) by: (i) submitting an application on a form provided by the department; (ii) showing evidence of completing the training required under Subsection (1)(c); (iii) having no outstanding infractions and owing no money to the department; and (iv) paying the permit fee determined by the department according to Subsection 4-2-103(2). (c) A salesperson may solicit the application of a pesticide as provided in Subsection (2)(a) if the salesperson: (i) completes in each calendar year a video training approved by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (ii) is employed by a pesticide applicator business registered under Section 4-14-111, including a pesticide applicator business registered under Subsection 4-14-111(7). (d) When soliciting a salesperson may not make a misrepresentation regarding the application of a pesticide. (e) A pesticide applicator business violates Subsection 4-14-111(6), if a salesperson employed by the pesticide applicator business: (i) does not hold a permit under this section; or (ii) fails to complete the training required by Subsection (2)(c). (3) An individual may apply for an annual permit under this section that expires on December 31 and may renew the permit by complying with the same process as used to obtain the permit. (4) Notwithstanding Section 63J-1-504, the department shall retain the permit fees collected under this section as dedicated credits and may only use the fees to administer and enforce this chapter. (5) The department may: (a) deny an application for a permit under this section; (b) revoke a permit under this section for cause; or (c) suspend a permit under this section for cause. (6) (a) If a permit is revoked or suspended under Subsection (5), the individual holding the permit shall return the permit to the department within 14 days after the day on which the individual receives notice of the revocation or suspension. (b) An individual who fails to return a permit, as described in Subsection (6)(a), is subject to an administrative fine of up to $100 for each 14 days the individual does not return the permit.
Utah Code § 4-38-105 — Utah Code / Title 4 / Chapter 4-38 / § 4-38-105
§ 4-38-105. Executive director.
Status: in_force

(1) The commission shall be under the general administrative control of an executive director appointed by the commissioner with the concurrence of the commission. (2) The executive director shall serve at the pleasure of the commissioner.
Utah Code § 4-23-108 — Utah Code / Title 4 / Chapter 4-23 / § 4-23-108
§ 4-23-108. Agricultural and Wildlife Damage Prevention Account.
Status: in_force

(1) There is created in the General Fund a restricted account known as the Agricultural and Wildlife Damage Prevention Account. (2) Money received under Section 4-23-107 shall be deposited by the commissioner into the Agricultural and Wildlife Damage Prevention Account to be appropriated for the purposes provided in this chapter. (3) Any supplemental contributions received by the department from livestock owners for predator control programs shall be deposited into the Agricultural and Wildlife Damage Prevention Account.
Utah Code § 4-18-108 — Utah Code / Title 4 / Chapter 4-18 / § 4-18-108
§ 4-18-108. Grants for environmental improvement projects -- Criteria for award -- Duties of commission.
Status: in_force

(1) The commission may make a grant from the Agriculture Resource Development Fund, or from funds appropriated by the federal government, Legislature, or another entity, to an eligible entity, as defined by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for: (a) control or eradication of noxious weeds and invasive plant species in cooperation and coordination with a local weed board; (b) the costs of plans or projects to improve manure management, control surface water runoff, or address other environmental issues on a farm or ranch operation, including the costs of preparing or implementing a nutrient management plan; (c) the improvement of water quality; (d) the improvement of water quantity and flows; (e) hydroponic fodder production; (f) the development of watershed plans; or (g) a program to address other environmental issues. (2) (a) In awarding a grant, the commission shall consider the following criteria: (i) the ability of the grantee to pay for the costs of proposed plans or projects; (ii) the availability of: (A) matching funds provided by the grantee or another source; or (B) material, labor, or other items of value provided in lieu of money by the grantee or another source; and (iii) the benefits that accrue to the general public by the awarding of a grant. (b) The commission may establish by rule additional criteria for the awarding of a grant. (3) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this section. (4) The commission may appoint an advisory board to: (a) assist with the grant process; (b) make recommendations to the commission regarding grants; and (c) establish policies and procedures for awarding loans or grants.
Utah Code § 4-7-204 — Utah Code / Title 4 / Chapter 4-7 / § 4-7-204
§ 4-7-204. Suspension of license -- Opportunity for hearing.
Status: in_force

(1) The department may suspend a license immediately if: (a) an emergency exists that presents a clear and present danger to the public health; (b) an inspection or sampling is refused; or (c) the licensee's bond has been revoked or cancelled. (2) The department shall immediately notify the person of the suspension in writing and provide an opportunity for hearing without delay.
Utah Code § 4-30-102 — Utah Code / Title 4 / Chapter 4-30 / § 4-30-102
§ 4-30-102. Definitions.
Status: in_force

For the purpose of this chapter: (1) "Consignor" or "shipper" means any person who consigns, ships, or delivers livestock to a livestock market for storage, handling, or sale. (2) (a) "Livestock market" means a public market place consisting of pens or other enclosures where all classes of livestock or poultry are received on consignment and kept for subsequent sale, either through public auction or private sale. (b) "Livestock market" does not include: (i) a place used solely for liquidation of livestock by a farmer, dairyman, livestock breeder, or feeder who is going out of such business; or (ii) a place where an association of livestock breeders or an individual livestock breeder offers registered livestock or breeding sires for sale and assumes all responsibility for the sale, guarantees title to the livestock or sires sold, and arranges with the department for brand inspection of all animals sold. (3) "Person" means an individual, partnership, corporation, or association.
Utah Code § 4-24-501 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-501
§ 4-24-501. Utah Livestock Brand and Anti-Theft Account created -- Deposit of fees -- Purpose of expenditures.
Status: in_force

(1) There is created within the General Fund a restricted account known as the Utah Livestock Brand and Anti-Theft Account. (2) The following money shall be deposited into the Utah Livestock Brand and Anti-Theft Account: (a) money received by the department under any provision of this chapter; and (b) money received by the department under any provision of Title 4, Chapter 39, Domesticated Elk Act. (3) Money in the Utah Livestock Brand and Anti-Theft Account shall be used for the administration of this chapter and of Title 4, Chapter 39, Domesticated Elk Act.
Utah Code § 4-5-301 — Utah Code / Title 4 / Chapter 4-5 / § 4-5-301
§ 4-5-301. Registration of food establishments -- Fee -- Suspension and reinstatement of registration -- Inspection for compliance.
Status: in_force

(1) (a) Pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules providing for the registration of food establishments to protect public health and ensure a safe food supply. (b) The owner or operator of a food establishment shall register with the department before operating a food establishment. (c) Before granting a registration to the owner or operator of a food establishment, the department shall inspect and assess the food establishment to determine whether it complies with the rules established under Subsection (1)(a). (d) An applicant shall register with the department, in writing, using forms required by the department. (e) The department shall issue a registration to an applicant, if the department determines that the applicant meets the qualifications of registration established under Subsection (1)(a). (f) If the applicant does not meet the qualifications of registration, the department shall notify the applicant, in writing, that the applicant's registration is denied. (g) (i) If an applicant submits an incomplete application, a written notice of conditional denial of registration shall be provided to an applicant. (ii) The applicant shall correct the deficiencies within the time period specified in the notice to receive a registration. (h) (i) The department may, as provided under Subsection 4-2-103(2), charge the food establishment a registration fee. (ii) The department shall retain the fees as dedicated credits and shall use the fees to administer the registration of food establishments. (2) (a) A registration, issued under this section, shall be valid from the date the department issues the registration, to December 31 of the year the registration is issued. (b) A registration may be renewed for the following year by applying for renewal by December 31 of the year the registration expires. (3) A registration, issued under this section, shall specify: (a) the name and address of the food establishment; (b) the name of the owner or operator of the food establishment; and (c) the registration issuance and expiration date. (4) (a) The department may immediately suspend a registration, issued under this section, if any of the conditions of registration have been violated. (b) (i) The holder of a registration suspended under Subsection (4)(a) may apply for the reinstatement of a registration. (ii) If the department determines that all registration requirements have been met, the department shall reinstate the registration. (5) (a) A food establishment, registered under this section, shall allow the department to have access to the food establishment to determine if the food establishment is complying with the registration requirements. (b) If a food establishment denies access for an inspection required under Subsection (5)(a), the department may suspend the food establishment's registration until the department is allowed access to the food establishment's premises. (6) (a) A food establishment shall: (i) notify the department as part of the registration or renewal process whether the food establishment plans to sell, hold or offer for sale, or distribute a cultivated meat product or a plant or insect based meat substitute; (ii) permit the department to inspect for compliance with Subsection 4-5-201(3); and (iii) pay a fee established in accordance with Subsection 4-2-103(2). (b) The department shall retain the fee as a dedicated credit and shall use the fee to administer Subsection 4-5-201(3). (c) Pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules to address notification, inspection, and payment of fees under this Subsection (6).
Utah Code § 4-2-102 — Utah Code / Title 4 / Chapter 4-2 / § 4-2-102
§ 4-2-102. Department created.
Status: in_force

(1) There is created within state government the Department of Agriculture and Food. (2) The department created in Subsection (1) is responsible for the administration and enforcement of all laws, services, functions, and consumer programs related to agriculture in this state as assigned to the department by the Legislature.
Utah Code § 4-15-107 — Utah Code / Title 4 / Chapter 4-15 / § 4-15-107
§ 4-15-107. Nursery stock for wholesale or retail sale -- Graded and sized -- Labels and tags -- Information to appear on label or tag.
Status: in_force

(1) Each type of nursery stock delivered to a nursery or nursery outlet for subsequent wholesale or retail sale shall: (a) be sized and graded in accordance with the applicable rules of the department; and (b) bear a tag or label with the name, grade, size, and variety of the stock. (2) Each bundle, single lot, or single nursery stock sold at retail shall bear a secure tag or label with the common or botanical name, grade, size, and variety of the stock legibly printed or written on the bundle, single lot, or single nursery stock.
Utah Code § 4-26-104 — Utah Code / Title 4 / Chapter 4-26 / § 4-26-104
§ 4-26-104. Fencing for bison.
Status: in_force

Perimeter fencing intended to hold bison shall meet the following minimum standards: (1) fence sections and gates shall: (a) reach a height of at least eight feet above ground level; and (b) be constructed in a mesh pattern consisting of: (i) hi-tensile steel wire of at least 14-1/2 gauge; (ii) a maximum mesh size of six inches by six inches; or (iii) a material with the strength equivalent of the material described in Subsections (1)(b)(i) and (ii); (2) fence posts shall: (a) (i) be constructed of treated wood at least four inches in diameter; and (ii) be constructed of a material with the strength equivalent of the material described in Subsection (2)(a)(i); (b) reach a height of at least six feet, two inches above ground level; (c) have at least two feet of length below ground level; (d) be installed at intervals of no more than 20 feet; and (e) if located on a corner or connected to a gate, be braced with wood or the strength equivalent of wood; and (3) fence stays shall: (a) be constructed of treated wood or steel; (b) be installed at intervals of no more than 10 feet from any fence post; and (c) reach a height of at least six feet, two inches above ground level.
Utah Code § 4-5a-103 — Utah Code / Title 4 / Chapter 4-5a / § 4-5a-103
§ 4-5a-103. Regulation of a direct-to-sale farmers market.
Status: in_force

(1) Except as provided in Subsection (3), a direct-to-sale farmers market selling a homemade food product under this chapter shall only include products for sale that have not been certified, licensed, regulated, or inspected by a state or local authority. (2) If a direct-to-sale farmers market is in any way associated with a farmers market, as that term is defined in Section 4-5-102, the area designed for the direct-to-sale farmers market shall: (a) be separated from the area designated for the farmers market; and (b) include signs or other markings clearly indicating the area designated for the farmers market and the area designated for the direct-to-sale farmers market. (3) The requirement described in Subsection (1) does not apply to a direct-to-sale farmers market comprising only minor producers or minor-operated businesses.
Utah Code § 4-24-405 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-405
§ 4-24-405. Travel permit in lieu of brand inspection certificate -- Fees.
Status: in_force

(1) The department may issue a permit upon the payment of a fee determined by the department pursuant to Subsection 4-2-103(2), in lieu of a certificate of brand inspection, for the transport of a show horse, show mule, or show cattle transported from a place within this state to a place outside the state. (2) The words "travel permit" shall be stamped or printed on the permit. (3) A permit: (a) shall accompany a show animal while the show animal is in transit and shall identify the show animal to which the permit applies by age, sex, color, brand, and scars; and (b) is valid for the calendar year of the date of issuance, which date shall appear on the permit.
Utah Code § 4-32-116 — Utah Code / Title 4 / Chapter 4-32 / § 4-32-116
§ 4-32-116. Attempt to bribe state officer or employee -- Acceptance of bribe -- Interference with official duties -- Penalties.
Status: in_force

(1) (a) A person who gives, pays, or offers, directly or indirectly, any money or other thing of value, to any officer or employee of this state who is authorized to perform any duties under this chapter, with the intent to influence the officer or employee in the discharge of the officer's or employee's duty, is guilty of a felony of the third degree, and upon conviction, shall be punished by a fine of not more than $5,000 or imprisonment of not more than five years, or both. (b) An officer or employee of this state authorized to perform duties under this chapter who accepts money, a gift, or other thing of value from any person given with intent to influence the officer's or employee's official action, is guilty of a felony of the third degree and shall, upon conviction, be discharged from office, and fined in an amount of not more than $5,000, or imprisoned for not more than five years, or both. (2) (a) A person who assaults, obstructs, impedes, intimidates, or interferes with any person engaged in the performance of official duties under this chapter, with or without a dangerous or deadly weapon, is guilty of a felony of the third degree and upon conviction shall be punished by a fine of not more than $5,000, or by imprisonment of not more than five years, or both. (b) A person who, in the commission of any violation of Subsection (2) of this section, uses a dangerous weapon as defined in Section 76-1-101.5, is guilty of a felony of the second degree and upon conviction shall be punished by a fine of not more than $10,000, or by imprisonment for a period of not more than 10 years, or both. (c) A person who kills another person engaged in the performance of official duties under this chapter shall be punished as provided in Section 76-5-202.
Utah Code § 4-5-402 — Utah Code / Title 4 / Chapter 4-5 / § 4-5-402
§ 4-5-402. Defenses.
Status: in_force

No publisher, radio-broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section by reason of the dissemination of such false advertisement, unless he has refused, on the request of the department to furnish it, the name and post-office address of the manufacturer, packer, distributor, seller, or advertising agency, residing in the state of Utah who caused him to disseminate such advertisement.
Utah Code § 4-38-501 — Utah Code / Title 4 / Chapter 4-38 / § 4-38-501
§ 4-38-501. Hearings before commission -- Hearings before board of stewards -- Appeal -- Costs and attorney fees -- Rulemaking.
Status: in_force

(1) (a) Except as otherwise provided in this section, the commission or the commission's hearing officer shall conduct an informal adjudicative proceeding with respect to the denial, suspension, or revocation of a license or imposition of a fine in accordance with Title 63G, Chapter 4, Administrative Procedures Act. (b) A final order or ruling from the commission shall take effect immediately and remain effective unless stayed by a court. (c) A person aggrieved by a final order or ruling issued by the commission may appeal the order or ruling to a court. (d) A court shall award costs, fees, attorney fees, and court costs to the department if the commission prevails upon an appeal described in Subsection (1)(c). (2) (a) The commission shall hold an informal adjudicative proceeding in the county where the commission has an office or in a place the commission designates. (b) The commission shall notify the applicant or licensee by mailing, by first class mail, a copy of the written notice required to the last address furnished by the application or licensee to the commission at least seven days in advance of the hearing. (3) The commission may delegate the commission's authority to conduct hearings with respect to the denial or suspension of licenses or the imposition of a fine to a hearing officer. (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules of procedure and evidence for a proceeding before the board of stewards. (b) The board of stewards shall conduct a proceeding in accordance with rules adopted by the commission. (5) The commission and the board of stewards may administer oaths and affirmations, sign and issue subpoenas, order the production of documents and other evidence, and regulate the course of the hearing in accordance with rules adopted by the commission. (6) (a) Any person aggrieved by a final order or ruling issued by a board of stewards may appeal the order or ruling to the commission in accordance with the procedural rules adopted by the commission. (b) The aggrieved party may petition the commission for a stay of execution pending appeal to the commission.
Utah Code § 4-32-106 — Utah Code / Title 4 / Chapter 4-32 / § 4-32-106
§ 4-32-106. Meat establishment license -- Slaughtering livestock except in licensed meat establishment prohibited -- Exceptions -- Violation a misdemeanor.
Status: in_force

(1) A person may not, except in a licensed meat establishment, slaughter animals for human consumption or assist other persons in the slaughter or processing of animals except as otherwise provided in Subsection (2), (3), or (4). (2) A person who raises an animal or an employee of that person may slaughter an animal without a farm custom slaughter license if: (a) slaughtering or processing animals is not prohibited by local ordinance; (b) any hide, viscera, blood, or other tissue is disposed of by removal to a rendering facility or landfill or by burial, as allowed by law; (c) the meat or poultry product derived from the slaughtered animal is consumed exclusively by the person or the person's immediate family, regular employees of the person, or nonpaying guests; and (d) the meat or poultry product is marked "Not For Sale." (3) Farm custom slaughter may be performed by a person who holds a valid farm custom slaughter license. (4) A retail establishment that processes meat or poultry products primarily for sale to individual consumers at the retail establishment is exempt from provisions requiring licensing of a meat establishment if: (a) the retail establishment is not engaged in slaughter operations; (b) the retail establishment sells the processed meat and poultry products only to individual consumers at the retail establishment or to restaurants or institutions for use in meals served at those restaurants or institutions; (c) the retail establishment's sales of processed meat and poultry products to restaurants or institutions do not exceed the federal adjusted dollar limitation, or 25% by dollar volume of all meat sales from the retail establishment, whichever is less; (d) the retail establishment receives meat only from a meat establishment licensed under this chapter or inspected by the United States Department of Agriculture under 21 U.S.C. Secs. 451 to 695; (e) the operator of the retail establishment does not sell to any person other than an individual consumer any meat or poultry product that is cured, smoked, seasoned, canned, or cooked at the retail establishment; (f) the retail establishment does not sell any meat or poultry product that is cured, smoked, seasoned, canned, or cooked at the retail establishment at a location other than the retail establishment; and (g) the operator of the retail establishment does not sell to any person other than an individual consumer any meat product made by combining meat from different animal species at the retail establishment. (5) Any person who violates this section, except as otherwise provided in Subsection (6), is guilty of a class C misdemeanor. (6) Any person who offers for sale or sells any uninspected meat or poultry product is guilty of a class B misdemeanor.
Utah Code § 4-15-110 — Utah Code / Title 4 / Chapter 4-15 / § 4-15-110
§ 4-15-110. Nursery stock offered or advertised for sale -- Unlawful to misrepresent name, origin, grade, variety, quality, or vitality -- Information required in advertisements.
Status: in_force

(1) A person shall not misrepresent the name, origin, grade, variety, quality, or indicia of vitality of any nursery stock advertised or offered for sale at a nursery or nursery outlet. (2) All advertisements of nursery stock shall clearly state the name, size, and grade of the stock where applicable.
Utah Code § 4-24-204 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-204
§ 4-24-204. Effect of recorded brand -- Transfer -- Reservation of certain brands.
Status: in_force

(1) Except as provided in Subsection (2), the owner of a recorded brand has a vested property right in the brand that is transferable by a duly acknowledged instrument, provided that a transferee has no rights in the brand until the instrument of transfer is recorded with the department. (2) Notwithstanding any other provision of this chapter: (a) no person other than a member of the Ute Indian Tribe has any vested property right in the brand "ID" which is reserved exclusively for use by members of the Ute Indian Tribe on the Uintah and Ouray Reservation; and (b) no person other than a member of the Navajo Indian Tribe has any vested right in the brand "- N" (Bar N) which is reserved exclusively for use by members of the Navajo Indian Tribe on the Navajo Indian Reservation as long as it appears on the left shoulder of the animal branded. (3) The left jaw of cattle is reserved exclusively for use by the department to identify diseased cattle.
Utah Code § 4-5-201 — Utah Code / Title 4 / Chapter 4-5 / § 4-5-201
§ 4-5-201. Labeling requirements -- Misbranded food specified.
Status: in_force

(1) The department may require that a label contain specific written, printed, or graphic information which is: (a) displayed on the outside container or wrapper of a retail package of an article; or (b) easily legible through the outside container or wrapper. (2) Food is misbranded if: (a) its label is false or misleading in any way; (b) its labeling or packaging fails to conform with the requirements of Section 4-5-205; (c) it is offered for sale under the name of another food; (d) its container is so made, formed, or filled with packing material or air as to be misleading; or (e) it fails to conform with any requirement specified in this section. (3) (a) A food that is an imitation of another food shall bear a label, in type of uniform size and prominence, stating the word "imitation," and, immediately thereafter, the name of the food imitated. (b) If the state allows a cultivated meat product to be manufactured, sold, held or offered for sale, or distributed, a food that contains the cultivated meat product shall bear a term or phrase on a label in a place on the packaging that is reasonably certain to notify a consumer that the food contains a cultivated meat product. (c) A food that contains a plant or insect based meat substitute: (i) is not subject to Subsection (3)(a); and (ii) shall bear a term or phrase on a label in a place on the packaging that is reasonably certain to notify a consumer that the food contains a plant or insect based meat substitute. (d) The department shall interpret and enforce this Subsection (3) in a manner consistent with applicable federal statute and regulations. (e) The department may not enforce the requirements of Subsections (3)(b) and (c) on or before October 31, 2025. (4) (a) A food in package form shall bear a label containing: (i) the name and place of business of the manufacturer, packer, or distributor; and (ii) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count. (b) The statement required by Subsection (4)(a)(ii) shall be separately and accurately stated in a uniform location upon the principal display panel of the label unless reasonable variations and exemptions for small packages are established by a rule made by the department. (c) A manufacturer or distributor of carbonated beverages who utilizes proprietary stock or a proprietary crown is exempt from Subsection (4)(a)(i) if the manufacturer or distributor files with the department: (i) a sworn affidavit giving a full and complete description of each area within the state in which beverages of the manufacturer's or distributor's manufacturing or distributing are to be distributed; and (ii) the name and address of the person responsible for compliance with this chapter within each of those areas. (5) Any word, statement, or other information required by this chapter to appear on the label or labeling shall be: (a) prominently placed on the label; (b) conspicuous in comparison with other words, statements, designs, or devices in the labeling; and (c) in terms which render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. (6) If a food is represented as a food for which a definition and standard of identity has been prescribed by federal regulations or department rules as provided by Section 4-5-207, it shall: (a) conform to the definition and standard; and (b) have a label bearing: (i) the name of the food specified in the definition and standard; and (ii) insofar as may be required by the rules, the common names of optional ingredients, other than spices, flavorings, and colorings, present in the food. (7) If a food is represented as a food for which a standard of quality has been prescribed by federal regulations or department rules as provided by Section 4-5-207, and its quality falls below the standard, its label shall bear, in the manner and form as the regulations or rules specify, a statement indicating that it falls below the standards. (8) If a food is represented as a food for which a standard of fill of container has been prescribed by federal regulations or department rules as provided by Section 4-5-207, and it falls below the applicable standard of fill, its label shall bear, in the manner and form as the regulations or rules specify, a statement indicating that it falls below the standard. (9) (a) Any food for which neither a definition nor standard of identity has been prescribed by federal regulations or department rules as provided by Section 4-5-207 shall bear labeling clearly giving: (i) the common or usual name of the food, if any; and (ii) in case it is fabricated from two or more ingredients, the common or usual name of each ingredient, except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings without naming each. (b) To the extent that compliance with the requirements of Subsection (9)(a)(ii) is impractical or results in deception or unfair competition, exemptions shall be established by rules made by the department. (10) If a food is represented as a food for special dietary uses, its label shall bear the information concerning its vitamin, mineral, and other dietary properties as the department by rule prescribes. (11) (a) If a food bears or contains any artificial flavoring, artificial coloring, or chemical preservatives, its label shall state that fact. (b) If compliance with the requirements of Subsection (11)(a) is impracticable, exemptions shall be established by rules made by the department. (12) (a) The shipping container of any raw agricultural commodity bearing or containing a pesticide chemical applied after harvest shall bear labeling which declares the presence of the chemical in or on the commodity and the common or usual name and function of the chemical. (b) The declaration is not required while the commodity, having been removed from the shipping container, is being held or displaced for sale at retail out of the container in accordance with the custom of the trade. (13) A product intended as an ingredient of another food, when used according to the directions of the purveyor, may not result in the final food product being adulterated or misbranded. (14) The packaging and labeling of a color additive shall be in conformity with the packaging and labeling requirements applicable to the color additive prescribed under the federal act. (15) (a) Subsections (6), (9), and (11) with respect to artificial coloring do not apply to butter, cheese, or ice cream. (b) Subsection (11) with respect to chemical preservatives does not apply to a pesticide chemical when used in or on a raw agricultural commodity.
Utah Code § 4-18-305 — Utah Code / Title 4 / Chapter 4-18 / § 4-18-305
§ 4-18-305. Powers and duties.
Status: in_force

(1) In carrying out the provisions of this part, including for the soil health grant program, the commission may: (a) subject to Subsection (2), accept grants, gifts, services, donations, or other resources from: (i) the United States government or a corporation or agency created or designed by the United States to lend or grant money; (ii) the state or any of the state's political subdivisions; or (iii) any other source; (b) administer and expend money for the purpose of planning, developing, or putting into operation a program or project in accordance with Section 4-18-304 that is made available to the department: (i) by the United States government or any of the United States' agencies; (ii) by the state or any of the state's political subdivisions; or (iii) derived from any other source; (c) provide grants, loans, and other resources to an eligible entity to perform soil health activities; (d) unless otherwise specified by the grantor or donor, use funds received, including from the state or any of the state's political subdivisions or the United States government or any of the United States' agencies, to serve as matching funds for soil health activities; (e) place money the commission receives pursuant to Subsection (1)(a) into an escrow account and to administer and expend any money or interest accrued in the trust; and (f) cooperate and collaborate with: (i) producers; (ii) groups of producers; (iii) producer cooperatives; (iv) conservation districts; (v) water conservancy districts; (vi) academic, land grant, or other research institutions; (vii) the United States government, the United States' agencies, or any corporation of the United States; (viii) the state or any of the state's political subdivisions; (ix) other states; (x) American Indian Tribes; or (xi) other entities as the commission may decide for the purpose of advancing the scientific understanding of soil health, soil health practices, or the environmental or economic outcomes, increasing monetary or nonmonetary resources to support scientific research, or in applying for grants, including applying for grants jointly, or otherwise obtaining resources to support the programs authorized in this part. (2) (a) The department may not pledge the faith or credit of the state or any county or other political subdivision. (b) In connection with grants, gifts, donations, or other resources, the commission: (i) may enter into agreements or contracts as may be required; and (ii) shall comply with Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act, and executive orders establishing ethics policy for executive branch agencies and employees. (3) In establishing a soil health grant program, the commission shall issue guidelines, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: (a) make money available for demonstration, educational, implementation, or research grants to eligible entities; (b) if a grant recipient of an implementation, demonstration, or research project grant does not have sufficient expertise in implementing soil health practices or principles or interpreting project outcomes, require the recipient to work with a technical assistance organization; (c) ensure that the most accurate and current scientific evidence related to soil health, soil health practices, and economic and environmental benefits of soil health practices is considered in awarding a grant; (d) minimize the use of money by grant recipients for costs not directly related to grant outcomes, such as administrative expenses or other expenses related to overhead; (e) establish a monitoring and oversight procedure to ensure that money is spent in accordance with the state law; and (f) establish protocols to ensure the confidentiality of producer, landowner, and land information, including with respect to a state soil health monitoring and inventory platform and state soil health testing program. (4) Notwithstanding Subsection 4-18-304(3) and Section 4-18-307, the commission shall require a recipient of a grant for research, educational, or demonstration projects to: (a) conduct outreach and educational activities regarding the projects, including field day visits; and (b) disclose information related to the projects, including the locations of the projects, the soil health practices implemented, and the environmental or economic outcomes. (5) Upon receiving money to implement a soil health grant program, the commission shall make money available to eligible entities by July 1 of the following year. (6) The commission may adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to carry out this part.
Utah Code § 4-4-105 — Utah Code / Title 4 / Chapter 4-4 / § 4-4-105
§ 4-4-105. Maintenance of candling records -- Inspection of records.
Status: in_force

(1) A person who sells, offers, or exposes eggs for sale or exchange shall maintain candling records as prescribed by the department. (2) All candling records shall be open for examination by accredited inspectors or representatives of the department at reasonable times.
Utah Code § 4-15-112 — Utah Code / Title 4 / Chapter 4-15 / § 4-15-112
§ 4-15-112. Enforcement -- Inspection -- Stop sale order -- Procedure -- Warrants.
Status: in_force

(1) (a) The department may issue a "stop sale" order to any nursery or nursery outlet upon discovery or notification of a quarantine pest or pest of concern, or if the department has reason to believe the nursery is offering, advertising, or selling nursery stock in violation of Section 4-15-111. (b) The "stop sale" order described in Subsection (1)(a) shall be in writing and no nursery stock subject to the order shall be advertised or sold, except upon subsequent written release by the department. (2) (a) The department is authorized for the purpose of ascertaining compliance with this chapter to enter and inspect any nursery or nursery outlet where nursery stock is kept during the nursery or nursery outlet's business hours. (b) If access for the purpose of inspection is denied, the department may proceed immediately to the nearest court of competent jurisdiction and obtain an ex parte warrant or its equivalent to permit inspection of the nursery or nursery outlet.
Utah Code § 4-32-113 — Utah Code / Title 4 / Chapter 4-32 / § 4-32-113
§ 4-32-113. Preparation and slaughter of livestock, poultry, or livestock and poultry products -- Adulterated or misbranded products -- Violation of rule or order.
Status: in_force

(1) An animal or meat or poultry product that may be used for human consumption shall not be: (a) slaughtered or prepared unless it is done in compliance with this chapter's requirements; (b) sold, transported, offered for sale or transportation, or received for transportation, if it is adulterated or misbranded, unless it has been inspected and approved; or (c) subjected to any act while being transported or held for sale after transportation resulting in one of the products becoming adulterated or being misbranded. (2) A person may not violate any rule or order of the commissioner under Subsection 4-32-109(4) or (7), or Subsection 4-32-110(3), (5), or (7).
Utah Code § 4-18-201 — Utah Code / Title 4 / Chapter 4-18 / § 4-18-201
§ 4-18-201. Definitions.
Status: in_force

As used in this part, "Colorado River Salinity Offset Program" means a program, administered by the Division of Water Quality, allowing oil, gas, or mining companies and other entities to provide money to finance salinity reduction projects in the Colorado River Basin by purchasing salinity credits as offsets against discharges made by the company under permits issued by the Division of Water Quality.
Utah Code § 4-16-301 — Utah Code / Title 4 / Chapter 4-16 / § 4-16-301
§ 4-16-301. Enforcement -- Stop sale, use, or removal authorized -- Court action -- Procedures -- Costs.
Status: in_force

(1) (a) The department may issue a "stop sale, use, or removal order" to the distributor, owner, or person in possession of any designated agricultural, vegetable, flower, or tree and shrub seed or seeds for sprouting or lot of seed which it finds or has reason to believe violates this chapter. (b) The order shall be in writing and no seed subject to it shall be moved, offered, or exposed for sale, except upon subsequent written release by the department. (c) Before a release is issued, the department may require the distributor or owner of the "stopped" seed or lot to pay the expense incurred by the department in connection with the withdrawal of the product from the market. (2) (a) The department is authorized in a court of competent jurisdiction to seek an order of seizure or condemnation of any seed which violates this chapter or, upon proper grounds, to obtain a temporary restraining order or permanent injunction to prevent violation of this chapter. (b) No bond may be required of the department in an injunctive proceeding brought under this section. (3) (a) If condemnation is ordered, the seed shall be disposed of as the court directs. (b) The court may not order condemnation without giving the claimant of the seed an opportunity to apply to the court for permission to relabel, reprocess, or otherwise bring the seed into conformance, or for permission to remove it from the state. (c) If the court orders condemnation, court costs, fees, storage, and other costs shall be awarded against the claimant of the seed.
Utah Code § 4-37-103 — Utah Code / Title 4 / Chapter 4-37 / § 4-37-103
§ 4-37-103. Definitions.
Status: in_force

As used in this chapter: (1) "Aquaculture" means the controlled cultivation of aquatic animals. (2) (a) (i) "Aquaculture facility" means any tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture. (ii) "Aquaculture facility" does not include any public aquaculture facility or fee fishing facility. (b) Structures that are separated by more than 1/2 mile, or structures that drain to or are modified to drain to, different drainages, are considered separate aquaculture facilities regardless of ownership. (3) (a) "Aquatic animal" means a member of any species of fish, mollusk, crustacean, or amphibian. (b) "Aquatic animal" includes a gamete of any species listed in Subsection (3)(a). (4) "Fee fishing facility" means a body of water used for holding or rearing fish for the purpose of providing fishing for a fee or for pecuniary consideration or advantage. (5) "Natural flowing stream" means the same as that term is defined in Section 23A-1-101. (6) "Natural lake" means the same as that term is defined in Section 23A-1-101. (7) "Private fish pond" means the same as that term is defined in Section 23A-1-101. (8) "Public aquaculture facility" means a tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture by the Division of Wildlife Resources, U.S. Fish and Wildlife Service, a mosquito abatement district, or an institution of higher education. (9) "Public fishery resource" means fish produced in public aquaculture facilities and wild and free ranging populations of fish in the surface waters of the state. (10) "Reservoir constructed on a natural stream channel" means the same as that term is defined in Section 23A-1-101. (11) "Short-term fishing event" means the same as that term is defined in Section 23A-1-101.
Utah Code § 4-4a-103 — Utah Code / Title 4 / Chapter 4-4a / § 4-4a-103
§ 4-4a-103. Prohibitions.
Status: in_force

Beginning on January 1, 2030, a farm owner or operator may not knowingly confine an egg-laying hen in an enclosure: (1) that is not a cage-free housing system; or (2) that has less than the amount of usable floor space per hen as required by the 2017 edition of the United Egg Producers' Animal Husbandry Guidelines for U.S. Egg-Laying Flocks: Guidelines for Cage-Free Housing.
Utah Code § 4-5a-105 — Utah Code / Title 4 / Chapter 4-5a / § 4-5a-105
§ 4-5a-105. Limitations.
Status: in_force

(1) This chapter does not apply to the sale of: (a) raw dairy or raw dairy products; or (b) meat products, with the following exceptions: (i) the sale of poultry and poultry products if the producer: (A) slaughters no more than 1,000 birds per year in accordance with the United States Department of Agriculture 1,000 bird exemption; and (B) follows the United States Department of Agriculture's, Food Safety and Inspection Service document titled "Guidance for Determining Whether A Poultry Slaughter or Processing Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act"; and (ii) the sale of domesticated rabbit meat, pending approval from the United States Department of Agriculture that the state's role in meat inspection is preserved. (2) Nothing in this chapter: (a) means that the department relinquishes its authority to administer the state's program at a standard level at least equal to the standards imposed under the Federal Meat and Poultry Products Inspection Act; (b) shall be construed to impede the Department of Health in an investigation of foodborne illness; (c) prohibits a state agency from providing assistance, consulting, or inspecting when requested by a producer; or (d) affects the authority of the Department of Health or the Department of Agriculture and Food to certify, license, regulate, or inspect food or food products that are not exempt from certification, licensing, regulation, or inspection as described in this chapter. (3) The department may not, by rule, impose an additional limit, requirement, or restriction on a producer selling food or a food product under this chapter.
Utah Code § 4-32a-205 — Utah Code / Title 4 / Chapter 4-32a / § 4-32a-205
§ 4-32a-205. Requirements for slaughtered domesticated game intended for sale to an end consumer.
Status: in_force

(1) Domesticated game intended for sale to an end consumer does not require an antemortem inspection. (2) Domesticated game intended for sale to an end consumer shall: (a) receive a postmortem inspection; or (b) in accordance with department rule, prior to sale, be labeled that the purchased product is not certified, licensed, regulated, or inspected by the state.
Utah Code § 4-39-401 — Utah Code / Title 4 / Chapter 4-39 / § 4-39-401
§ 4-39-401. Escape of domesticated elk -- Liability.
Status: in_force

(1) The owner shall try to capture domesticated elk that escape. (2) The escape of a domesticated elk shall be reported immediately to the domestic elk program manager, who shall notify the Division of Wildlife Resources. (3) If the domesticated elk is not recovered within 72 hours of the escape, the department, in conjunction with the Division of Wildlife Resources, shall take whatever action is necessary to resolve the problem. (4) The owner shall reimburse the state or a state agency for any reasonable recapture costs incurred in the recapture or destruction of an escaped domesticated elk. (5) An escaped domesticated elk taken by a licensed hunter in a manner that complies with the provisions of Title 23A, Wildlife Resources Act, and the rules of the Wildlife Board shall be considered a legal taking and neither the licensed hunter, the state, nor a state agency shall be liable to the owner for the killing. (6) The owner shall be responsible for containing the domesticated elk to ensure that there is no spread of disease from domesticated elk to wild elk and that the genetic purity of wild elk is protected.
Utah Code § 4-4-103 — Utah Code / Title 4 / Chapter 4-4 / § 4-4-103
§ 4-4-103. Definitions.
Status: in_force

As used in this chapter: (1) "Addled" or "white rot" means putrid or rotten. (2) "Adherent yolk" means the yolk has settled to one side and become fastened to the shell. (3) "Albumen" means the white of an egg. (4) "Black rot" means the egg has deteriorated to such an extent that the whole interior presents a blackened appearance. (5) "Black spot" means mold or bacteria have developed in isolated areas inside the shell. (6) "Blood ring" means bacteria have developed to such an extent that blood is formed. (7) "Candling" means the act of determining the condition of an egg by holding it before a strong light in such a way that the light shines through the egg and reveals the egg's contents. (8) "End consumer" means a household consumer, restaurant, institution, or any other person who has purchased or received shell eggs for consumption. (9) "Moldy" means mold spores have formed within the shell. (10) "Shell egg" means an egg in the shell as distinguished from a dried or powdered egg. (11) "Small producer" means a producer of shell eggs: (a) having less than 3,000 layers; and (b) who is exempt from 21 C.F.R. Chapter 1, Part 118, Production, Storage, and Transportation of Shell Eggs. (12) "Wholesale" means, with respect to the sale of an egg by an egg producer, the transfer for sale or sale of an egg to a person other than the end consumer, including a retailer or an industrial or business purchaser.
Utah Code § 4-3-403 — Utah Code / Title 4 / Chapter 4-3 / § 4-3-403
§ 4-3-403. Injunctions -- Bond not required -- Standing to maintain private action -- Damages authorized.
Status: in_force

(1) (a) The commissioner is authorized to apply to any court of competent jurisdiction for a temporary restraining order or injunction restraining any person from violating this chapter. (b) No bond shall be required of the department in any proceeding brought under this subsection. (2) (a) In addition to penalties provided in this chapter, any person who suffers or is threatened with injury from any existing or threatened violation of Section 4-3-402 may commence an action in any court of competent jurisdiction for damages and, if proper, injunctive relief. (b) Any organized and existing trade association, whether incorporated or not, is authorized to institute and prosecute a suit for injunctive relief and damages, as the real party in interest, on behalf of one or more of its members if the violation of Section 4-3-402 directly or indirectly affects a member.
Utah Code § 4-37-204 — Utah Code / Title 4 / Chapter 4-37 / § 4-37-204
§ 4-37-204. Sale of aquatic animals from aquaculture facilities.
Status: in_force

(1) (a) Except as provided by Subsection (1)(c) and subject to Subsection (1)(b), a person holding a license for an aquaculture facility may take an aquatic animal as approved on the license from the facility at any time and offer the aquatic animal for sale. (b) A live aquatic animal may be sold within Utah only to a person who: (i) has been issued a license to possess the aquatic animal; or (ii) is eligible to receive the aquatic animal without a certificate of registration under Wildlife Board rules. (c) A person who owns or operates an aquaculture facility may sell live aquatic animals if the person: (i) obtains a health approval number for the aquaculture facility; (ii) inspects the pond or holding facility to verify that the pond or facility is in compliance with Subsections 23A-9-203(2) and (3)(c); and (iii) stocks the species and reproductive capability of aquatic animals authorized by the Wildlife Board in accordance with Section 23A-9-203 for stocking in the area where the pond or holding facility is located. (2) An aquatic animal sold or transferred by the owner or operator of an aquaculture facility shall be accompanied by the seller's receipt that contains the following information: (a) date of transaction; (b) name, address, license number, and health approval number; (c) number and weight of aquatic animal by: (i) species; and (ii) reproductive capability; and (d) name and address of the receiver. (3) (a) A person holding a license for an aquaculture facility shall submit to the department an annual report of each sale of live aquatic animals or each transfer of live aquatic animals in Utah. The department shall forward the report to the Division of Wildlife Resources. The department or Division of Wildlife Resources may request copies of receipts from an aquaculture facility. (b) The report shall contain the following information: (i) name, address, and license number of the seller or supplier; (ii) number and weight of aquatic animals by species and reproductive capacity; (iii) date of sale or transfer; and (iv) name, address, phone number, and license number of the receiver. (4) Geographic coordinates of the stocking location shall be provided if the receiver is eligible to stock the aquatic animal without a certificate of registration under Wildlife Board rules. (5) A report required by Subsection (3) shall be submitted before: (a) a license is renewed or a subsequent license is issued; or (b) a health approval number is issued.
Utah Code § 4-10-105 — Utah Code / Title 4 / Chapter 4-10 / § 4-10-105
§ 4-10-105. Registration -- Permit -- Fees -- Expiration -- Renewal.
Status: in_force

(1) (a) A person may register with the department, on a form prescribed and furnished by the department, for a permit to manufacture, repair, sterilize, or engage in the wholesale sale of bedding, upholstered furniture, quilted clothing, or filling material. (b) Upon receipt of a proper registration form and payment of the appropriate registration fee, the commissioner, if satisfied that the convenience and necessity of the industry and the public will be served, shall issue to the applicant a permit to engage in the particular activity through December 31 of the year in which the permit is issued, subject to suspension or revocation of the permit for cause. (c) A person doing business under more than one name shall register with and obtain a permit from the department for each name under which business is conducted. (2) The annual registration fee for each permit issued under this chapter shall be determined by the department pursuant to Subsection 4-2-103(2). (3) Each permit issued under this chapter is renewable for a period of one year upon the payment of the applicable amount for the particular permit sought to be renewed on or before December 31 of each year. (4) A person who holds a valid manufacturer's permit may register and obtain a permit as a wholesale dealer without the payment of an additional registration fee. (5) A person who fails to renew a permit and engages in conduct requiring a permit under this chapter shall pay the applicable registration fee for each year in which the person engages in conduct requiring a permit for which the permit is not renewed. (6) The department may retroactively collect a registration fee owed under Subsection (5).
Utah Code § 4-8-105 — Utah Code / Title 4 / Chapter 4-8 / § 4-8-105
§ 4-8-105. Unlawful acts specified.
Status: in_force

A person engaged in the production, processing, handling, marketing, sale or distribution of products of agriculture may not: (1) discriminate in price between two or more producers with respect to products of agriculture of like grade and quality; (2) use any brand, label, container, or designation on products of agriculture not authorized by the department; (3) promote or advertise the price of any product of agriculture that is required to be graded without displaying the grade of such product with prominence equal to that of the price; or (4) make or permit the use of any false or misleading statement on any label or stencil affixed to a container or package containing products of agriculture or in any promotion or advertisement of such products.
Utah Code § 4-18-103 — Utah Code / Title 4 / Chapter 4-18 / § 4-18-103
§ 4-18-103. Definitions.
Status: in_force

As used in this chapter: (1) (a) "Agricultural discharge" means the release of agriculture water from the property of a farm, ranch, or feedlot that: (i) pollutes a surface body of water, including a stream, lake, pond, marshland, watercourse, waterway, river, ditch, or other water conveyance system; (ii) pollutes ground water; or (iii) constitutes a significant nuisance to urban land. (b) "Agricultural discharge" does not include: (i) runoff from a farm, ranch, or feedlot, or the return flow of water from an irrigated field onto land that is not part of a body of water; or (ii) a release of water from a farm, ranch, or feedlot into a normally dry water conveyance leading to an active body of water, if the release does not reach the water of a lake, pond, stream, marshland, river, or other active body of water. (2) "Agricultural operation" means a farm, ranch, or animal feeding operation. (3) "Agriculture water" means: (a) water used by a farm, ranch, or feedlot for the production of food, fiber, or fuel; (b) the return flow of water from irrigated agriculture; or (c) agricultural storm water runoff. (4) "Alternate" means a substitute for a district supervisor if the district supervisor cannot attend a meeting. (5) (a) "Animal feeding operation" means a facility where animals, other than aquatic animals, are stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period. (b) "Animal feeding operation" does not include an operation where animals are in areas such as pastures or rangeland that sustain crops or forage growth during the normal growing season. (6) "Best management practices" means practices, including management policies and the use of technology, used by each sector of agriculture in the production of food and fiber that are commonly accepted practices, or that are at least as effective as commonly accepted practices, and that: (a) protect the environment; (b) protect human health; (c) ensure the humane treatment of animals; and (d) promote the financial viability of agricultural production. (7) "Commission" means the Conservation Commission created in Section 4-18-104. (8) "Comprehensive nutrient management plan" or "nutrient management plan" means a plan to properly store, handle, and spread manure and other agricultural byproducts to: (a) protect the environment; and (b) provide nutrients for the production of crops. (9) "Coordinated resource management plan" means a plan of action created at a local level with broad participation of land owners, natural resource agencies, and interested stakeholders to protect or enhance the environment, human health, humane treatment of animals, and financial viability in the community. (10) "District" or "conservation district" has the same meaning as "conservation district" as defined in Section 17D-3-102. (11) "Fodder" means food for livestock. (12) "Hydroponic" means a technique for growing plants without soil. (13) "Pollution" means a harmful human-made or human-induced alteration to the water of the state, including an alteration to the chemical, physical, biological, or radiological integrity of water that harms the water of the state. (14) "State technical standards" means a collection of best management practices that will protect the environment in a reasonable and economical manner for each sector of agriculture as required by this chapter. (15) "Sustainable agriculture" means agriculture production and practices that promote: (a) the environmental responsibility of owners and operators of farms, ranches, and feedlots; and (b) the profitability of owners and operators of farms, ranches, and feedlots.
Utah Code § 4-21-303 — Utah Code / Title 4 / Chapter 4-21 / § 4-21-303
§ 4-21-303. Representation by the attorney general.
Status: in_force

(1) The attorney general is not the legal advisor for the council and has no obligation to defend the council or the council's members in an action or proceeding brought against the council. (2) The attorney general may choose, at its sole discretion, to represent the council or its members if requested to do so and pursuant to reimbursement by contract.
Utah Code § 4-32a-203 — Utah Code / Title 4 / Chapter 4-32a / § 4-32a-203
§ 4-32a-203. Notice to department before slaughtering or processing domesticated game.
Status: in_force

(1) Before slaughtering domesticated game, a person shall notify the department at least 30 days before the day on which the person slaughters the domesticated game. (2) Before processing slaughtered domesticated game, a person shall notify the department at least five days before the day on which the person processes the slaughtered domesticated game.
Utah Code § 4-4-106 — Utah Code / Title 4 / Chapter 4-4 / § 4-4-106
§ 4-4-106. Retailers exempt from prosecution -- Conditions for exemption.
Status: in_force

(1) Subject to Subsection (2), no retailer is subject to prosecution under this chapter if the retailer can establish that: (a) at the time an egg was purchased the seller guaranteed that the egg conformed to the grade, quality, size, and weight stated in the purchase invoice; and (b) the egg was labeled for sale by the retailer in accordance with the purchase invoice. (2) The guaranty by the seller described in Subsection (1)(a) does not exempt a retailer from prosecution if the egg covered by the guaranty deteriorated to a lower grade or standard through some action or inaction of the retailer.
Utah Code § 4-25-104 — Utah Code / Title 4 / Chapter 4-25 / § 4-25-104
§ 4-25-104. Department authorized to make and enforce rules.
Status: in_force

The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to make and enforce such rules as in the department's judgment are necessary to administer and enforce this chapter.
Utah Code § 4-7-103 — Utah Code / Title 4 / Chapter 4-7 / § 4-7-103
§ 4-7-103. Definitions.
Status: in_force

As used in this chapter: (1) "Agent" means a person who, on behalf of a dealer, purchaser, or livestock market, as defined in Section 4-30-102, solicits or negotiates the consignment or purchase of livestock. (2) "Consignor" means a person who ships or delivers livestock to a dealer for handling or sale. (3) (a) "Dealer" means a person who: (i) receives livestock from a person for sale on commission; (ii) is entrusted with the possession, management, control, or disposal of livestock for the account of that person; or (iii) negotiates price, determines a delivery date, and receives money on behalf of a livestock producer. (b) "Dealer" includes: (i) a livestock dealer; and (ii) a person who owns or leases a feedlot. (4) (a) "Immediate resale" means the resale of livestock within 60 days of purchase. (b) "Immediate resale" does not include the resale of livestock culled within 60 days that were purchased for feeding or replacement. (5) "Livestock" means cattle, swine, equines, sheep, camelidae, ratites, bison, goats, and domesticated elk as defined in Section 4-39-102. (6) "Livestock dealer" means a person engaged in the business of purchasing livestock for immediate resale or interstate shipment for immediate resale. (7) "Producer" means a person who is primarily engaged in the business of raising livestock for profit.
Utah Code § 4-4-108 — Utah Code / Title 4 / Chapter 4-4 / § 4-4-108
§ 4-4-108. Packaging for small producer -- Display in grocery store.
Status: in_force

(1) A small producer shall package the small producer's eggs in clean packaging that bears a label with the following information: (a) the common name of the food, "eggs"; (b) the quantity or number of eggs; (c) the name and address of the small producer; (d) the statement "Keep Refrigerated"; and (e) the statement "SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria: Keep eggs refrigerated, cook eggs until yolks are firm, and cook foods containing eggs thoroughly." (2) (a) A small producer shall label the small producer's eggs that are sold in a grocery store with a statement that the eggs: (i) are exempt from 21 C.F.R. Chapter 1, Part 118, Production, Storage, and Transportation of Shell Eggs; and (ii) are not from an inspected source. (b) The requirements described in Subsection (2)(a) are in addition to the labeling requirements described in Subsection (1). (3) (a) A small producer may state a "pull date" or "best by" date. (b) The "pull date" or "best by" date may be hand written on the end of the packaging or in a conspicuous location that is clearly discernible. (c) A "pull date" or "best by" date shall first show the month then the day of the month. (d) A recommended "pull date" or "best by" date is 30 days after production, but the date may not exceed 45 days after production. (4) If the eggs of a small producer are ungraded and not weighed, the packaging for the eggs may not be labeled with a grade or size. (5) Any egg produced by a small egg producer and sold in a grocery store shall be displayed separately in the grocery store from eggs not from a small producer.
Utah Code § 4-17-110 — Utah Code / Title 4 / Chapter 4-17 / § 4-17-110
§ 4-17-110. Noxious weeds -- Failure to control after notice of nuisance -- Notice and hearing -- Control at county expense -- Owner liable for county costs -- Charges lien against property.
Status: in_force

(1) If the owner or person in possession of the property fails to take action to control or prevent the spread of noxious weeds within five working days after the property is declared a public nuisance, the county may, after reasonable notification, enter the property, without the consent of the owner or the person in possession, and perform any work necessary, consistent with sound weed prevention and control practices, to control the weeds. (2) (a) If the county controls weeds on a piece of property, as described in Subsection (1), and seeks reimbursement from the property owner of record or the person in possession of the property, the county shall send the property owner or person in possession of the property a documented description of the expense and a demand for payment within 30 days of the day on which the weed control took place. (b) The property owner of record or the person in possession of the property, as the case may be, shall reimburse the county for the county's expense within 90 days after receipt of the demand for payment, as described in Subsection (2)(a). (c) If the demand for payment is not paid within 90 days after receipt, the charges become a lien against the property and are collectible by the county treasurer at the time general property taxes are collected.
Utah Code § 4-22-203 — Utah Code / Title 4 / Chapter 4-22 / § 4-22-203
§ 4-22-203. Additional assessment for government liaison and industry relations programs -- Exemption from the assessment.
Status: in_force

(1) In addition to the assessment provided in Section 4-22-201, an assessment of three-fourths of one cent is imposed upon each 100 pounds of milk or cream produced and sold, or contracted for sale, through commercial channels in this state for the purposes specified in Subsection (3). (2) The three-fourths of one cent assessment shall be paid in the same manner as the assessment required by Section 4-22-201. (3) The commission shall use the revenue derived from the three-fourths of one cent assessment imposed by this section to contract out for services and expenses of government liaison and industry relations programs created to stabilize and protect the state's dairy industry and the health and welfare of the public. (4) A producer who objects to payment of the assessment imposed by this section may, by January 31, submit a written request to the commission to be exempted from payment of the assessment for that year. By January 1 each year, the commission shall send to each person subject to the assessment a postage-paid, self-addressed postcard which may be returned to request an exemption.
Utah Code § 4-24-503 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-503
§ 4-24-503. Use of vehicle to transport stolen livestock prohibited -- Vehicle subject to seizure and sale -- Procedure for sale -- Defense.
Status: in_force

(1) (a) No person shall use any vehicle for the transportation of stolen livestock or carcasses. (b) A vehicle used in transporting stolen livestock or carcasses is subject to seizure and public sale by the sheriff of the county where the vehicle is found, after written notice of the proposed sale is served upon the person in whose custody the vehicle is found. (2) A person who receives the notice described in Subsection (1)(b) has 10 days after service of the notice of proposed sale to respond to the notice, in which event no sale shall be conducted until after the issue of ownership or any other issues are litigated in a court of competent jurisdiction. (3) A stolen vehicle used for unlawful transportation is not subject to seizure and sale if the owner of the vehicle is not acting in concert with the thief.
Utah Code § 4-34-106 — Utah Code / Title 4 / Chapter 4-34 / § 4-34-106
§ 4-34-106. Limitation of liability of donor, nonprofit charitable organization, and county.
Status: in_force

In addition to Section 78B-4-502, except in the event of an injury resulting from gross negligence, recklessness, or intentional conduct, the following are not liable for damages in a civil action or subject to prosecution in a criminal proceeding for injury that occurs as a result of an act or the omission of an act, including injury resulting from ingesting the donated agricultural product or meat from wild game: (1) a county or an agency of a county that participates in good faith in a food donation program; (2) a donor of an agricultural product who participates in good faith in a food donation program; (3) a donor of wild game meat, including a custom meat processor, who complies with Section 4-34-108 and participates in good faith in a food donation program; or (4) a nonprofit charitable organization receiving, accepting, gleaning, or distributing an agricultural product or meat from wild game donated under this chapter in good faith to the nonprofit charitable organization.
Utah Code § 4-3-201 — Utah Code / Title 4 / Chapter 4-3 / § 4-3-201
§ 4-3-201. Authority to make and enforce rules.
Status: in_force

The department is authorized and directed, subject to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to make and enforce rules to carry out the purposes of this chapter.
Utah Code § 4-5-102 — Utah Code / Title 4 / Chapter 4-5 / § 4-5-102
§ 4-5-102. Definitions.
Status: in_force

As used in this chapter: (1) "Advertisement" means a representation, other than by labeling, made to induce the purchase of food. (2) (a) "Color additive": (i) means a dye, pigment, or other substance not exempted under the federal act that, when added or applied to a food, is capable of imparting color; and (ii) includes black, white, and intermediate grays. (b) "Color additive" does not include a pesticide chemical, soil or plant nutrient, or other agricultural chemical that imparts color solely because of the chemical's effect, before or after harvest, in aiding, retarding, or otherwise affecting, directly or indirectly, the growth or other natural physiological process of any plant life. (3) (a) "Consumer commodity" means a food, as defined by this chapter, or by the federal act. (b) "Consumer commodity" does not include: (i) a commodity subject to packaging or labeling requirements imposed under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Sec. 136 et seq.; (ii) a commodity subject to Chapter 16, Utah Seed Act; (iii) a meat or meat product subject to the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq.; (iv) a poultry or poultry product subject to the Poultry Inspection Act, 21 U.S.C. Sec. 451 et seq.; (v) a tobacco or tobacco product; or (vi) a beverage subject to or complying with packaging or labeling requirements imposed under the Federal Alcohol Administration Act, 27 U.S.C. Sec. 201 et seq. (4) "Contaminated" means not securely protected from dust, dirt, or foreign or injurious agents. (5) (a) "Cultivated meat product" means a meat, as defined in Section 4-32-105, or another food or food product that is: (i) produced by cultivating or culturing an animal cell in vitro; and (ii) used for human consumption. (b) "Cultivated meat product" includes poultry, fish, and other livestock, as defined in Section 4-7-103, that meets the requirements of Subsection (5)(a). (6) (a) "Farm" means an agricultural operation, under management by one entity, that grows or harvests crops. (b) "Farm" does not include an entity that is exempt under 21 C.F.R. 112.4(a) or 21 C.F.R. 112.5. (7) "Farmers market" means a market where a producer of a food product sells only a fresh, raw, whole, unprocessed, and unprepared food item directly to the final consumer. (8) "Federal act" means the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq. (9) "Food" means: (a) an article used for food or drink for human or animal consumption or the components of the article; (b) chewing gum or chewing gum components; or (c) a food supplement for special dietary use that is necessitated because of a physical, physiological, pathological, or other condition. (10) (a) "Food additive" means a substance, the intended use of which results in the substance becoming a component, or otherwise affecting the characteristics, of a food. (b) (i) "Food additive" includes a substance or source of radiation intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food. (ii) "Food additive" does not include: (A) a pesticide chemical in or on a raw agricultural commodity; (B) a pesticide chemical that is intended for use or is used in the production, storage, or transportation of a raw agricultural commodity; or (C) a substance used in accordance with a sanction or approval granted pursuant to the Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq. or the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq. (11) (a) "Food establishment" means a grocery store, bakery, candy factory, food processor, bottling plant, sugar factory, cannery, farm, rabbit processor, meat processor, flour mill, cold or dry warehouse storage, or other facility where food products are manufactured, canned, processed, packaged, stored, transported, prepared, sold, or offered for sale. (b) "Food establishment" does not include: (i) a dairy farm, a dairy plant, or a meat establishment, that is subject to the Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq., or the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq.; (ii) a farmers market; or (iii) a food service establishment, as that term is defined in Section 26B-7-401. (12) "Label" means a written, printed, or graphic display on the immediate container of an article of food. (13) "Labeling" means a label and other written, printed, or graphic display: (a) on an article of food or the article of food's container or wrapper; or (b) accompanying the article of food. (14) "Official compendium" means the official documents or supplements to the: (a) United States Pharmacopoeia; (b) National Formulary; or (c) Homeopathic Pharmacopoeia of the United States. (15) (a) "Package" means a container or wrapping in which a consumer commodity is enclosed for use in the delivery or display of the consumer commodity to retail purchasers. (b) "Package" does not include: (i) a package liner; (ii) a shipping container or wrapping used solely for the transportation of a consumer commodity in bulk or in quantity to a manufacturer, packer, processor, or wholesale or retail distributor; or (iii) a shipping container or outer wrapping used by a retailer to ship or deliver a consumer commodity to a retail customer, if the container and wrapping bear no printed information relating to the consumer commodity. (16) (a) "Pesticide" means a substance intended: (i) to prevent, destroy, repel, or mitigate a pest, as defined under Section 4-14-102; or (ii) for use as a plant regulator, defoliant, or desiccant. (b) "Pesticide" does not include: (i) a new animal drug, as defined by 21 U.S.C. Sec. 321, that has been determined by the United States Secretary of Health and Human Services not to be a new animal drug by federal regulation establishing conditions of use of the drug; or (ii) animal feed, as defined by 21 U.S.C. Sec. 321, bearing or containing a new animal drug. (17) "Plant or insect based meat substitute" means a food or food product that: (a) is plant or insect based; (b) approximates the aesthetic qualities, primarily texture, flavor, and appearance, or the chemical characteristics of a type of meat, as defined in Section 4-32-105, including fish; and (c) does not include the flesh, offal, or other by-product of any part of the carcass of a live animal that has been slaughtered. (18) "Principal display panel" means that part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale. (19) "Produce" means a food that is a: (a) fruit, vegetable, mix of intact fruits and vegetables, mushroom, sprout from any seed source, peanut, tree nut, or herb; and (b) raw agricultural commodity. (20) "Raw agricultural commodity" means a food in the food's raw or natural state, including all fruits that are washed, colored, or otherwise treated in the fruit's unpeeled, natural form before marketing. (21) "Registration" means the commissioner's issuance of a certificate to a qualified food establishment. (22) "Sprout" means the shoot of a plant generally harvested when cotyledons are undeveloped or underdeveloped and mature leaves have not emerged.
Utah Code § 4-3-602 — Utah Code / Title 4 / Chapter 4-3 / § 4-3-602
§ 4-3-602. General operational requirements.
Status: in_force

(1) Except as provided in Section 4-3-608 or 4-3-609, a producer of raw milk or a raw milk product may manufacture, distribute, sell, deliver, hold, store, or offer for sale the raw milk or raw milk product in accordance with this part. (2) To engage in an activity listed in Subsection (1), the producer shall: (a) obtain a permit from the department in accordance with Subsection 4-3-301(6); (b) conduct the sale and delivery of the raw milk product on the premises where the raw milk or raw milk product is produced, except as provided by Subsection (3); (c) sell raw milk or a raw milk product to a consumer for household use and not for resale; (d) bottle or package raw milk or a raw milk product under sanitary conditions and in sanitary containers on the premises where the raw milk or raw milk product is produced; (e) (i) cool raw milk or the raw milk used to produce the raw milk product: (A) to 50 degrees Fahrenheit or a lower temperature within one hour after being drawn from the animal; and (B) to 41 degrees Fahrenheit within two hours of being drawn from the animal; and (ii) maintain raw milk at 41 degrees Fahrenheit or a lower temperature until the raw milk is delivered to the consumer or used to produce the raw milk product; (f) ensure that the production of raw milk or a raw milk product conforms to departmental rules for the production of grade A milk products; (g) ensure that the dairy animals on the premises are: (i) permanently and individually identifiable; and (ii) free of tuberculosis, brucellosis, and other diseases carried through milk; (h) ensure that any individual on the premises performing any work in connection with the production, bottling, packaging, handling, or sale of raw milk or a raw milk product is free from communicable disease; (i) refrain from offering raw milk or a raw milk product for sale until: (i) the department or a third party certified by the department tests each batch of raw milk or raw milk used to produce a raw milk product for the standard bacterial count and coliform count described in Section 4-3-603; and (ii) the test results meet the minimum standards established under Section 4-3-603 for the tests taken under this Subsection (2)(i); (j) ensure that the plant complies with Chapter 5, Utah Wholesome Food Act, and the rules governing food establishments enacted under Section 4-5-301; and (k) comply with the applicable rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as authorized by this chapter. (3) (a) A producer may distribute, sell, deliver, hold, store, or offer raw milk or a raw milk product from a mobile unit, if the raw milk or raw milk product is maintained through mechanical refrigeration at 41 degrees Fahrenheit or a lower temperature. (b) A producer may transport raw milk or a raw milk product from the premises where the raw milk or raw milk product is produced and sell the raw milk or raw milk product at a retail establishment that is inspected by the department if the producer ensures that the raw milk or raw milk product is transported by a designated agent, a third party vendor, or employee of the producer in a mobile unit with mechanical refrigeration where the raw milk or raw milk product is maintained at 41 degrees Fahrenheit or a lower temperature. (4) A person who conducts a test required by Subsection (2)(i) shall send a copy of the test results to the department as soon as the test results are available.
Utah Code § 4-19-104 — Utah Code / Title 4 / Chapter 4-19 / § 4-19-104
§ 4-19-104. Loans -- Not to exceed period of 10 years -- Agricultural Advisory Board executive committee to approve loans and renewals, methods of payments, and interest rates -- Guidelines in fixing interest rates declared.
Status: in_force

(1) The department may not make a loan authorized under this chapter for a period to exceed 10 years, but the loan is renewable. (2) Except as provided in Subsection (5), the Agricultural Advisory Board executive committee created in Section 4-2-108 shall approve: (a) loans and renewals; (b) the methods of repayment; and (c) the interest rates charged. (3) In fixing interest rates, the Agricultural Advisory Board executive committee shall consider: (a) the current applicable interest rate or rates being charged by the USDA Farm Service Agency on similar loans; (b) the current prime rate charged by leading lending institutions; and (c) any other pertinent economic data. (4) The interest rates established shall be compatible with guidelines stated in this section. (5) The Agricultural Advisory Board executive committee may create a subcommittee from the Agricultural Advisory Board membership to approve a loan or renewal under this section.
Utah Code § 4-46-102 — Utah Code / Title 4 / Chapter 4-46 / § 4-46-102
§ 4-46-102. Definitions.
Status: in_force

7/1/2026As used in this chapter: (1) "Account" means the LeRay McAllister Working Farm and Ranch Account created in Section 4-46-301. (2) "Agricultural land" means "land in agricultural use," as defined in Section 59-2-502. (3) "Board" means the Land Conservation Board established in Section 4-46-201. (4) "Conservation commission" means the Conservation Commission created in Section 4-18-104. (5) "Conservation district" means a limited purpose local government entity created under Title 17D, Chapter 3, Conservation District Act. (6) "Director" means the director of the Division of Conservation. (7) "Division" means the Division of Conservation created in Section 4-46-401. (8) "Land use authority" means: (a) a land use authority, as defined in Section 10-20-102, of a municipality; or (b) a land use authority, as defined in Section 17-79-102, of a county. (9) "Local entity" means a county, city, or town. (10) (a) "Open land" means land that is: (i) preserved in or restored to a predominantly natural, open, and undeveloped condition; and (ii) used for: (A) wildlife habitat; (B) cultural or recreational use; (C) watershed protection; or (D) another use consistent with the preservation of the land in, or restoration of the land to, a predominantly natural, open, and undeveloped condition. (b) "Open land" includes land described in Subsection (10)(a) that contains facilities, including trails, waterways, and grassy areas, that: (i) enhance the natural, scenic, or aesthetic qualities of the land; or (ii) facilitate the public's access to or use of the land for the enjoyment of the land's natural, scenic, or aesthetic qualities and for compatible recreational activities. (c) "Open land" does not include land whose predominant use is as a developed facility for active recreational activities, including baseball, tennis, soccer, golf, or other sporting or similar activities. (11) (a) "State conservation efforts" includes: (i) efforts to optimize and preserve the uses of land for the benefit of the state's agricultural industry and natural resources; and (ii) conservation of working landscapes that if conserved, preserves the state's agricultural industry and natural resources, such as working agricultural land. (b) "State conservation efforts" does not include the purpose of opening private property to public access without the consent of the owner of the private property. (12) (a) "Working agricultural land" means agricultural land for which an owner or producer engages in the activity of producing for commercial purposes crops, orchards, livestock, poultry, aquaculture, livestock products, or poultry products and the facilities, equipment, and property used to facilitate the activity. (b) "Working agricultural land" includes an agricultural protection area established under Title 17, Chapter 81, Agriculture, Industrial, and Critical Infrastructure Materials.7/1/2026As used in this chapter: (1) "Account" means the LeRay McAllister Working Farm and Ranch Account created in Section 4-46-301. (2) "Agricultural land" means "land in agricultural use," as defined in Section 59-2-502. (3) "Board" means the Land Conservation Board established in Section 4-46-201. (4) "Conservation commission" means the Conservation Commission created in Section 4-18-104. (5) "Conservation district" means a limited purpose local government entity created under Title 17D, Chapter 3, Conservation District Act. (6) "Director" means the director of the Division of Conservation. (7) "Division" means the Division of Conservation created in Section 4-46-401. (8) "Land use authority" means: (a) a land use authority, as defined in Section 10-20-102, of a municipality; or (b) a land use authority, as defined in Section 17-79-102, of a county. (9) "Local entity" means a county, city, or town. (10) (a) "Open land" means land that is: (i) preserved in or restored to a predominantly natural, open, and undeveloped condition; and (ii) used for: (A) wildlife habitat; (B) cultural or recreational use; (C) watershed protection; or (D) another use consistent with the preservation of the land in, or restoration of the land to, a predominantly natural, open, and undeveloped condition. (b) "Open land" includes land described in Subsection (10)(a) that contains facilities, including trails, waterways, and grassy areas, that: (i) enhance the natural, scenic, or aesthetic qualities of the land; or (ii) facilitate the public's access to or use of the land for the enjoyment of the land's natural, scenic, or aesthetic qualities and for compatible recreational activities. (c) "Open land" does not include land whose predominant use is as a developed facility for active recreational activities, including baseball, tennis, soccer, golf, or other sporting or similar activities. (11) (a) "State conservation efforts" includes: (i) efforts to optimize and preserve the uses of land for the benefit of the state's agricultural industry and natural resources; and (ii) conservation of working landscapes that if conserved, preserves the state's agricultural industry and natural resources, such as working agricultural land. (b) "State conservation efforts" does not include the purpose of opening private property to public access without the consent of the owner of the private property. (12) (a) "Working agricultural land" means agricultural land for which an owner or producer engages in the activity of producing for commercial purposes crops, orchards, livestock, poultry, aquaculture, livestock products, or poultry products and the facilities, equipment, and property used to facilitate the activity. (b) "Working agricultural land" includes an agricultural protection area established under Title 17, Chapter 81, Agriculture, Industrial, and Critical Infrastructure Materials.
Utah Code § 4-9-106 — Utah Code / Title 4 / Chapter 4-9 / § 4-9-106
§ 4-9-106. Weights and measures -- Specifications, tolerances, and technical data published in National Institute of Standards and Technology Handbook govern.
Status: in_force

Unless modified by the department, Handbook 44, Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices, National Institute of Standards and Technology, adopted by the National Council on Weights and Measures, including supplements or revisions to Handbook 44, shall determine the specifications, tolerances, and other technical requirements for devices used for: (1) commercial weighing and measuring; (2) law enforcement; (3) data gathering; and (4) other weighing and measuring purposes.
Utah Code § 4-38-104 — Utah Code / Title 4 / Chapter 4-38 / § 4-38-104
§ 4-38-104. Powers and duties of commission.
Status: in_force

(1) The commission shall: (a) license, regulate, and supervise the persons involved in the racing of horses as provided in this chapter; (b) license, regulate, and supervise the recognized race meets held in this state under the terms of this chapter; (c) cause the various places where recognized race meets are held to be visited and inspected at least once a year; (d) assist in procuring public liability insurance coverage from a private insurance company for those licensees unable to otherwise obtain the insurance required under this chapter; (e) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to govern race meets, including rules: (i) to resolve scheduling conflicts and settle disputes among licensees; (ii) to supervise, discipline, suspend, fine, and bar from events a person required to be licensed by this chapter; (iii) to exclude a horse from a racetrack facility in this state, or prohibit a horse from participating in a horse race or race meet; and (iv) to hold, conduct, and operate all recognized race meets conducted pursuant to this chapter; (f) determine which persons participating, directly or indirectly, in recognized race meets require licenses; (g) announce the time, place, and duration of a recognized race meet for which a license is required; and (h) establish reasonable fees for all licenses provided for under this chapter. (2) The commission may: (a) grant, suspend, or revoke licenses issued under this chapter; (b) impose fines as provided in this chapter; (c) access criminal history record information for the licensees and commission or contracted employees; (d) exclude from any racetrack facility in this state a person, including an owner, who: (i) the commission considers detrimental to the best interests of racing; or (ii) violates this chapter or any rule or order of the commission; and (e) exclude from a racetrack facility in this state, or prohibit from participating in a horse race or race meet, a horse that is owned, in full or part by a person: (i) who the commission considers detrimental to the best interests of racing; or (ii) who violates this chapter or a rule or order of the commission. (3) (a) For purposes of Subsection (2)(e), ownership includes a horse for which an individual or entity has a beneficial or other interest, as defined by rule. (b) The period of time a horse may be excluded or prohibited from racing under Subsection (2)(e) may not exceed one calendar year from the date of the initial oral or written ruling by the stewards. (c) A change in ownership or beneficial interest in a horse excluded or prohibited from racing under Subsection (2)(e) does not affect the horse's exclusion from a racetrack or prohibition from racing unless otherwise determined by the commission. (4) The commission may contract, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, with a person to issue a license required under Subsection (1)(a) or (b).
Utah Code § 4-37-112 — Utah Code / Title 4 / Chapter 4-37 / § 4-37-112
§ 4-37-112. Screens.
Status: in_force

(1) Each aquaculture and fee fishing facility shall be equipped with screening or another device to prevent the movement of fish into or out of the facility. (2) The department may conduct site inspections to assure compliance with Subsection (1).
Utah Code § 4-7-205 — Utah Code / Title 4 / Chapter 4-7 / § 4-7-205
§ 4-7-205. Prohibited acts.
Status: in_force

(1) A person licensed under this chapter may not: (a) make false charges incident to the sale of livestock; (b) willfully fail to comply with the requirements of Section 4-7-109 or 4-7-110; (c) fail to file a schedule of commissions and charges; (d) reconsign livestock without the consent of the producer-consignor for the purpose of charging more than one commission; (e) make any false statement to the detriment of the producer regarding current market conditions for livestock or about the condition or quantity of the livestock consigned for the account of the producer; (f) engage in fraud or misrepresentation in the procurement or attempted procurement of a license; or (g) act as a dealer or agent and, with intent to defraud, make, draw, utter, or deliver any check, draft, or order for the payment of money from any bank or other depository to the owner for the purchase price of livestock, when at the time of the making, drawing, uttering, or delivery the maker or drawer does not have sufficient funds in or credit with the bank or other depository for the payment of the check, draft, or order in full upon its presentation. (2) (a) The making, drawing, uttering, or delivery of a check, draft, or order in the circumstances specified in this section shall be evidence of an intent to defraud. (b) As used in this section, "credit" means an arrangement or understanding with the bank or depository for the payment of the check, draft, or order.
Utah Code § 4-17-115 — Utah Code / Title 4 / Chapter 4-17 / § 4-17-115
§ 4-17-115. Cooperative agreements and grants to rehabilitate areas infested with or threatened by invasive species.
Status: in_force

The department may: (1) enter into a cooperative agreement with a political subdivision, a state agency, a federal agency, a tribe, a county weed board, a cooperative weed management area, a nonprofit organization, a university, or a private landowner to: (a) rehabilitate or treat an area infested with, or threatened by, an invasive species; or (b) conduct research related to invasive species; and (2) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to award grants and administer this section.
Utah Code § 4-10-108 — Utah Code / Title 4 / Chapter 4-10 / § 4-10-108
§ 4-10-108. Seller's representation of a used mattress -- Bedding records required.
Status: in_force

(1) A seller shall represent a mattress tagged "USED" as previously used by a customer. (2) The manufacturer, repairer, wholesale dealer, or retailer of a mattress shall keep an invoice, shipping information, bill of lading, or other record of the mattress at the manufacture, repair, wholesale, or retail location for a minimum of one year from the day on which the invoice, shipping information, bill of lading, or other record was created or received.
Utah Code § 4-30-109 — Utah Code / Title 4 / Chapter 4-30 / § 4-30-109
§ 4-30-109. Financial responsibility.
Status: in_force

Each livestock market shall maintain a financial condition of total assets in excess of total liabilities, including total current assets in excess of total current liabilities.
Utah Code § 4-41a-201.1 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-201.1
§ 4-41a-201.1. Specialized Product Authority Licensing Board -- Composition -- Duties.
Status: in_force

(1) There is created within the department the Specialized Product Authority Licensing Board. (2) The commissioner shall hire three directors as employees of the department to be on the licensing board. (3) (a) The licensing board shall consist of three directors. (b) An individual is not eligible as a director of the licensing board if the individual: (i) has any commercial or ownership interest in a cannabis production establishment, medical cannabis pharmacy, or medical cannabis courier; (ii) has an owner, officer, director, or employee whose family member holds a license or has an ownership interest in a cannabis production establishment, medical cannabis pharmacy, or medical cannabis courier; or (iii) is employed or contracted to lobby on behalf of any cannabis production establishment, medical cannabis pharmacy, or medical cannabis courier. (c) At least one member of the licensing board shall have experience related to public health or medicine. (4) A director serves at the pleasure of the commissioner. (5) (a) Two members of the licensing board constitute a quorum of the licensing board. (b) An action of the majority of the licensing board members when a quorum is present constitutes an action of the licensing board. (6) The licensing board shall: (a) review cannabis production establishment, medical cannabis pharmacy, and medical cannabis courier license applications; (b) review each license application for compliance with: (i) this chapter; and (ii) department rules; (c) conduct a public hearing to consider the license application; (d) approve the department's license application forms and checklists; and (e) make a determination on each license application. (7) The licensing board shall hold a public hearing to review a cannabis production establishment's or medical cannabis pharmacy's license if the establishment: (a) changes ownership by an interest of 20% or more; (b) changes or adds a location; (c) upgrades to a different licensing tier under department rule; (d) changes extraction or formulation standard operating procedures; (e) adds an industrial hemp processing or cultivation operation to the same location as the cannabis production establishment's processing facility; or (f) as necessary based on the recommendation of the department. (8) In a public hearing held under Subsection (7), the licensing board may consider the following in determining whether to approve a request to change pharmacy locations: (a) medical cannabis availability, quality, and variety; (b) whether geographic dispersal among licensees is sufficient to reasonably maximize access to the largest number of medical cannabis cardholders; (c) the extent to which the pharmacy can increase efficiency and reduce the cost to patients of medical cannabis; and (d) the factors listed in Subsection 4-41a-1004(7). (9) The licensing board may not approve a request to change a medical cannabis pharmacy location outside of the pharmacy's current region established under Subsection 4-41a-1005(4). (10) (a) The licensing board shall meet as necessary to consider cannabis production establishment, medical cannabis pharmacy, and medical cannabis courier license renewal applications. (b) During the public meeting described in Subsection (10)(a): (i) a representative from each applicant for renewal shall: (A) attend in person or electronically; or (B) submit information before the meeting, as the licensing board may require, for the licensing board's consideration; (ii) the licensing board shall consider, for each cannabis cultivation facility seeking renewal, information including: (A) the amount of biomass the licensee produced during the current calendar year; (B) the amount of biomass the licensee projects to produce during the following year; (C) the amount of hemp waste the licensee currently holds; (D) the current square footage or acres of growing area the licensee uses; and (E) the square footage or acres of growing area the licensee projects to use in the following year; (iii) the licensing board shall consider, for each cannabis processing facility seeking renewal, information including: (A) methods and procedures for extraction; (B) standard operating procedures; and (C) a complete listing of the medical dosage forms that the licensee produces; and (iv) the licensing board shall consider, for each cannabis pharmacy seeking renewal, information including: (A) product availability, quality, and variety; (B) the pharmacy's operating procedures and practices; and (C) the factors listed in Subsection 4-41a-1003(1). (c) Following consideration of the information provided under Subsection (10)(b), the licensing board may elect to approve, deny, or issue conditional approval of a cannabis production establishment or pharmacy license renewal application. (d) The information a licensee or license applicant provides to the licensing board for a license determination constitutes a protected record under Subsection 63G-2-305(1) or (2) if the applicant or licensee provides the licensing board with the information regarding business confidentiality required in Section 63G-2-309. (11) (a) In cooperation with the attorney general, the licensing board may investigate information received by the department indicating that a licensee is potentially engaging in anticompetitive business practices. (b) In investigating potential anticompetitive business practices under this section, the attorney general may issue civil investigative demands as set forth in Section 76-16-506. (12) (a) The licensing board shall hear all appeals related to administrative action taken under this chapter, Chapter 41, Hemp and Cannabinoid Act, and Chapter 45, Kratom Consumer Protection Act, as an informal proceeding under Title 63G, Chapter 4, Administrative Procedures Act. (b) The licensing board shall create rules for hearing appeals in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (13) (a) The licensing board in consultation with the Compassionate Use Board described in Section 4-41a-112 shall provide recommendations, if any, to the Medical Cannabis Governance Structure Working Group regarding additional conditions to be added to the qualifying conditions list described in Section 26B-4-203. (b) The licensing board shall create a process that allows the public to suggest conditions that should be recommended to the Legislature for inclusion on the qualifying conditions list. (14) For rules made under this chapter, the department shall collaborate with the licensing board when making the rules. (15) The licensing board shall supervise and assist the department in carrying out the duties described in Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis. (16) Except as required by this chapter to hold a public meeting or hearing, the licensing board is not subject to Title 52, Chapter 4, Open and Public Meetings Act.
Utah Code § 4-32-115 — Utah Code / Title 4 / Chapter 4-32 / § 4-32-115
§ 4-32-115. Meat or poultry products to be marked or labeled -- Meat or poultry products not intended for human food -- Dead, dying, disabled, or diseased animals.
Status: in_force

(1) A person may not sell, transport, offer for sale or transportation, or receive for transportation, any animal carcasses or parts of such carcasses, or the meat or meat products, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by rules adopted by the department to show the kinds of animals from which they were derived. (2) A person may not buy, sell, transport, or offer for sale or transportation, or receive for transportation any meat or poultry products that are not intended for human food unless they are denatured or otherwise identified as required by the rules of the department or are naturally inedible by humans. (3) A person engaged in the business of buying, selling, or transporting dead, dying, disabled, or diseased animals, or any parts of the carcasses of any animals that died otherwise than by slaughter, may not buy, sell, transport, offer for sale or transportation, or receive for transportation the animals or parts of carcasses unless the transaction or transportation is made in accordance with rules adopted by the department to assure that the animals or parts of carcasses will be prevented from being used for human food.
Utah Code § 4-1-107 — Utah Code / Title 4 / Chapter 4-1 / § 4-1-107
§ 4-1-107. Fees and late charges.
Status: in_force

(1) If an annual registration, license, or other fee is imposed under any chapter of this title, it shall be determined by the department pursuant to Subsection 4-2-103(2). (2) If the renewal of the registration or license is conditioned upon the payment of a renewal fee on or before a specified date, the department shall charge and collect the renewal fee and a late fee on any license or registration that is renewed after the date specified for renewal in the applicable chapter. (3) The renewal fee and late fee shall be determined by the department pursuant to Subsection 4-2-103(2).
Utah Code § 4-10-111 — Utah Code / Title 4 / Chapter 4-10 / § 4-10-111
§ 4-10-111. Enforcement -- Inspection authorized -- Samples -- Reimbursement for samples -- Warrants.
Status: in_force

(1) (a) The department may access public and private premises where articles subject to this chapter are manufactured, repaired, stored, or sold for the purpose of determining compliance with this chapter. (b) For purposes of determining compliance, the department may: (i) open any upholstered furniture, bedding, or quilted clothing to obtain a sample for inspection and analysis of filling material; or (ii) if considered appropriate by the department, take the entire article for inspection and analysis. (c) Upon request, the department shall reimburse the owner or person from whom a sample or article is taken in accordance with this Subsection (1) for the actual cost of the sample or article. (2) Upon request, the department may review and copy any of the records required under Subsection 4-10-108(2). (3) The department may proceed immediately, if admittance is refused or a record is denied, to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for the purpose of making inspections and taking samples or articles.
Utah Code § 4-32a-208 — Utah Code / Title 4 / Chapter 4-32a / § 4-32a-208
§ 4-32a-208. Rulemaking.
Status: in_force

(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and this part, the department shall make rules regarding: (a) antemortem inspection, in accordance with 9 C.F.R. Sec. 352.10; (b) postmortem inspection of the domesticated game carcass to ensure the domesticated game carcass is clean and wholesome, including inspection of the kidneys and abdominal and thoracic viscera; (c) slaughter area and facilities requirements; (d) personal cleanliness of individuals involved in domesticated game slaughter; (e) skinning, hoisting, bleeding, and evisceration of domesticated game; (f) chronic wasting disease testing requirements, surveillance, investigation, and follow-up, in accordance with department rule; (g) tags and tagging procedure to maintain carcass identification; (h) procedure for transportation of a domesticated game carcass; and (i) packaging and labeling of domesticated game products. (2) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding labeling a domesticated game carcass as slaughtered: (a) with inspection and processed at a farm custom slaughter facility; or (b) with inspection and the domesticated game carcass released to a licensed food establishment for processing and sale to a consumer. (3) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that allow: (a) a person with a farm custom slaughter license to slaughter and process domesticated game in accordance with this part; and (b) a facility licensed to perform custom exempt processing, as defined in Section 4-32-105, to process slaughtered domesticated game in accordance with this part.
Utah Code § 4-10-109 — Utah Code / Title 4 / Chapter 4-10 / § 4-10-109
§ 4-10-109. Use of rubber stamp or stencil authorized -- Conditions for use.
Status: in_force

A rubber stamp or stencil may be used instead of a tag on articles with slip covers if the article has a smooth backing, or on suitable surfaces of containers or bales of filling material; provided, the information required by Section 4-10-107 is indelible and legible.
Utah Code § 4-9-118 — Utah Code / Title 4 / Chapter 4-9 / § 4-9-118
§ 4-9-118. Registration of commercial establishments using weights and measures.
Status: in_force

Under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules providing for the registration of weights and measures users and issuance of certification of weights and measures devices to ensure the use of correct weights and measures in commerce or trade. The department may: (1) determine whether weights and measures are correct through: (a) inspection and testing by a department employee; or (b) acceptance of an inspection and testing report prepared by a registered weights and measures service person; (2) establish standards and qualifications for a registered weights and measures service person; and (3) determine the form and content of an inspection and testing report.
Utah Code § 4-32-119 — Utah Code / Title 4 / Chapter 4-32 / § 4-32-119
§ 4-32-119. Quarantine authorized -- Conditions giving rise to quarantine.
Status: in_force

(1) A meat or poultry product, or a dead, dying, disabled, or diseased animal that is being transported or is held for sale in this state, shall be seized and quarantined if it: (a) is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this chapter; (b) is capable of use as human food and is adulterated or misbranded; or (c) in any other way violates this chapter. (2) Quarantined animals or products shall be condemned and destroyed, except that the owner of the quarantined animals or products may request a hearing within five days, and the commissioner shall, within five days after the request, conduct a hearing to decide whether the quarantined animals or products shall be condemned. (3) The commissioner's decision under Subsection (2) is final, and all condemned animals or products shall immediately be destroyed or denatured in the presence of the commissioner or an inspector. (4) This section does not limit the authority for condemnation or seizure conferred by other provisions of this chapter, or other laws.
Utah Code § 4-13-102 — Utah Code / Title 4 / Chapter 4-13 / § 4-13-102
§ 4-13-102. Definitions.
Status: in_force

As used in this chapter: (1) "Adulterated" means a plant food that: (a) contains a deleterious or harmful substance in sufficient amount to render it injurious to beneficial plant life, animals, humans, aquatic life, soil, or water when applied in accordance with the directions for use on the label; (b) has a composition that falls below or differs from that which the composition is purported to possess by the composition's labeling; (c) contains unwanted crop or weed seed; or (d) exceeds levels of metals permitted by the United States Environmental Protection Agency. (2) "Beneficial substance" means a substance or compound, other than a primary nutrient, secondary nutrient, or micro plant nutrient, and excluding a pesticide, that can be demonstrated by scientific research to be beneficial to one or more species of plants, soil, or media. (3) "Blender" means a person engaged in the business of blending or mixing plant food. (4) "Brand" means a term, design, or trade mark used in connection with one or several grades of plant food. (5) "Bulk" means plant food delivered to a purchaser in a non-packaged form. (6) "Custom blend" means a plant food blended according to specification provided to a blender in a soil test nutrient recommendation or to meet the specific consumer request before blending. (7) "Deficiency" means the amount of nutrient found by analysis to be less than that guaranteed. (8) "Derivation" means the source from which the guaranteed nutrients are derived. (9) "Distribute" means to offer for sale, sell, exchange, or barter plant food. (10) "Distributor" means a person who distributes. (11) "Fertilizer" means a substance that contains one or more recognized plant nutrients that is used for the substance's plant nutrient content and is designed for use or claimed to have value in promoting plant growth, exclusive of unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, gypsum, and other products exempted by rule. (12) "Fertilizer material" means a fertilizer that contains: (a) quantities of no more than one of the primary plant nutrients, nitrogen (N), phosphate (P2O5), Potash (K2O); (b) 85% plant nutrients in the form of a single chemical compound; or (c) plant or animal residues or by-products, or a natural material deposit that is processed so that its primary plant nutrients have not been materially changed, except through purification and concentration. (13) "Grade" means the percentage of total nitrogen, available phosphate and soluble potash stated in the same terms, order, and percentages as in the guaranteed analysis. (14) (a) "Guaranteed analysis" means the minimum percentage by weight of plant nutrients claimed in the following order and form:Total Nitrogen (N)____ percentAvailable Phosphate (P2O5)____ percentSoluble Potash (K2O)____ percent (b) For unacidulated mineral phosphatic material and basic slag, bone, tankage, and other organic phosphate or degree of fineness may also be guaranteed. (c) (i) Guarantees for plant nutrients other than nitrogen, phosphorus, and potassium may be permitted or required by rule of the department. (ii) The guarantees for such other nutrients shall be expressed in the form of the element. (iii) The sources of such other nutrients, such as oxides, salt, chelates, may be required to be stated on the application for registration and may be included as a parenthetical statement on the label. (iv) Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the department. (v) Any plant nutrients or other substances or compounds guaranteed are subject to inspection and analysis in accord with the methods and rules prescribed by the department. (15) "Investigational allowance" means an allowance for variations inherent in the taking, preparation, and analysis of an official sample of plant food. (16) "Label" means the display of the written, printed, or graphic matter upon the immediate container or statement accompanying plant food. (17) "Labeling" means the written, printed, or graphic matter upon or accompanying plant food, or advertisements, brochures, posters, television and radio announcements used in promoting the sale of plant food. (18) "Lot" means a definite quantity identified by a combination of numbers, letters, characters, or amount represented by a weight certificate from which every part is uniform within recognized tolerances from which the distributor can be determined. (19) "Micro plant nutrient" means boron, chlorine, cobalt, copper, iron, manganese, molybdenum, nickel, sodium, and zinc. (20) "Mixed fertilizer" means a fertilizer containing any combination or mixture of fertilizer materials. (21) "Official sample" means a sample of plant food taken by the department and designated as "official." (22) "Percent" or "percentage" means the percentage by weight. (23) "Plant amendment" means a substance applied to plants or seeds that is intended to improve growth, yield, product quality, reproduction, flavor, or other favorable characteristics of plants except fertilizer, soil amendments, agricultural liming materials, animal and vegetable manure, pesticides, or plant regulators. (24) "Plant biostimulant" means a substance, microorganism, or mixture of a substance and microorganism, that, when applied to seeds, plants, the rhizosphere, soil, or other growth media, act to support a plant's natural nutrition processes independently of the biostimulant's nutrient content, and thereby improving: (a) nutrient availability; (b) uptake; (c) use efficiency; (d) tolerance to abiotic stress; and (e) consequent growth, development, quality, or yield. (25) "Plant food" means a fertilizer, soil amendment, beneficial substance, plant amendment, plant biostimulant, plant inoculant, soil inoculant, or any combination of these products. (26) "Plant inoculant" means a product consisting of microorganisms to be applied to the plant or soil for the purpose of enhancing the availability or uptake of plant nutrients through the root system. (27) "Primary nutrient" includes total nitrogen, available phosphate, and soluble potash. (28) "Registrant" means a person who registers a plant food under this chapter. (29) "Secondary nutrient" includes calcium, magnesium, and sulfur. (30) "Soil amending ingredient" means a substance that will improve the physical, chemical, biochemical, biological, or other characteristics of the soil. (31) "Soil amendment" means a substance or a mixture of substances that is intended to improve the physical, chemical, biochemical, biological, or other characteristics of the soil, except fertilizers, agricultural liming materials, unmanipulated animal manures, unmanipulated vegetable manures, or pesticides. (32) "Soil inoculant" means a microbial product that is applied to colonize the soil to benefit the soil chemistry, biology, or structure. (33) "Specialty fertilizer" means fertilizer distributed primarily for non-farm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries. (34) "Ton" means a net weight of 2,000 pounds avoirdupois.
Utah Code § 4-3-401 — Utah Code / Title 4 / Chapter 4-3 / § 4-3-401
§ 4-3-401. Unlawful acts specified.
Status: in_force

It is unlawful for any person in this state to: (1) operate a plant without a permit issued by the department; (2) market milk without a certificate issued by the department; (3) manufacture butter or cheese, pasteurize milk, test milk for payment, or haul milk in bulk without a special permit to perform the particular activity designated in this Subsection (3); unless if more than one person working in a plant is engaged in the performance of a single activity designated in this Subsection (3), the person who directs the activity is permitted; (4) manufacture, distribute, sell, deliver, hold, store, or offer for sale any adulterated or misbranded dairy product; (5) manufacture, distribute, sell, deliver, hold, store, or offer for sale any dairy product without a permit or certificate required by this chapter; (6) sell or offer for sale any milk not intended for human consumption unless it is denatured or decharacterized in accordance with the rules of the department; (7) manufacture, distribute, sell, or offer for sale any filled milk labeled as milk or as a dairy product; (8) keep any animals with brucellosis, tuberculosis, or other infectious or contagious diseases communicable to humans in any place where they may come in contact with cows or other milking animals; (9) draw milk for human food from cows or other milking animals that are infected with tuberculosis, running sores, communicable diseases, or from animals that are fed feed that will produce milk that is adulterated; (10) accept or process milk from any producer without verification that the producer holds a valid permit or certification or, if milk is accepted from out of the state, without verification that the producer holds a permit or certification from the appropriate regulatory agency of that state; (11) use any contaminated or unclean equipment or container to process, manufacture, distribute, deliver, or sell a dairy product; (12) remove, change, conceal, erase, or obliterate any mark or tag placed upon any equipment, tank, or container by the department except to clean and sanitize it; (13) use any tank or container used for the transportation of milk or other dairy products that is unclean or contaminated; (14) refuse to allow the department to take samples for testing; or (15) prohibit adding vitamin compounds in the processing of milk and dairy products in accordance with rules of the department.
Utah Code § 4-33-107 — Utah Code / Title 4 / Chapter 4-33 / § 4-33-107
§ 4-33-107. Inspection, sampling, testing, and analysis of fuels by department.
Status: in_force

(1) The department shall periodically sample, inspect, analyze and test motor fuels dispensed in this state and may enter any public premises or vehicle for the purpose of determining compliance with this chapter. (2) (a) Methods of sampling, testing, analyzing, and designating motor fuels shall conform with methods specified and published by the American Society for Testing and Materials. (b) Unless modified by the department by rule, the latest published standards of the American Society for Testing and Materials apply. (3) Upon request, the department shall pay the posted price for samples and the person from whom the sample is taken shall give a signed receipt evidencing payment. (4) Tests and analyses conducted by the department shall be prima facie evidence of the facts shown by such tests in any court proceeding.
Utah Code § 4-41a-902 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-902
§ 4-41a-902. Cannabis production establishment product for academic research.
Status: in_force

A cannabis production establishment may sell cannabis and cannabis products to a medical cannabis research licensee for the purpose of academic research.
Utah Code § 4-12-105.5 — Utah Code / Title 4 / Chapter 4-12 / § 4-12-105.5
§ 4-12-105.5. Labeling and registration requirements for home-produced pet treats specified.
Status: in_force

(1) Each container of home-produced pet treats distributed in the state shall have a label specifying: (a) the name and principal mailing address of the manufacturer or registrant; (b) the text "Assorted Pet Treats" and the brand name, if any, under which the pet treat is distributed; (c) the common name of each ingredient used in the pet treat, in descending order, by predominance based on weight; (d) a quantity statement for the treat; (e) adequate direction for the treat's safe and effective use, if necessary; and (f) precautionary statements, if necessary. (2) (a) A home-produced pet treat: (i) shall be registered as an "Assorted Pet Treat"; (ii) shall include a label with the registered name; (iii) may not be distributed outside of the state; and (iv) is restricted to retail sales only. (b) A registration described in Subsection (2)(a)(i) covers all versions of a home-produced pet treat.
Utah Code § 4-18-106 — Utah Code / Title 4 / Chapter 4-18 / § 4-18-106
§ 4-18-106. Agriculture Resource Development Fund -- Contents -- Use of fund money -- Advisory board.
Status: in_force

(1) As used in this section: (a) "Disaster" means an extraordinary circumstance, including a flood, drought, or fire, that results in: (i) the president of the United States declaring an emergency or major disaster in the state; (ii) the governor declaring a state of emergency under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act; or (iii) the chief executive officer of a local government declaring a local emergency under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act. (b) "Fund" means the Agriculture Resource Development Fund created in this section. (c) "Local government" means the same as that term is defined in Section 53-2a-602. (2) There is created a revolving loan fund known as the Agriculture Resource Development Fund. (3) The fund shall consist of: (a) money appropriated to the fund by the Legislature; (b) money received for the repayment of loans made from the fund; (c) money from a preferential user to reimburse the commission for loans made from the fund in accordance with Title 73, Chapter 3d, Part 4, Compensation; (d) money made available to the state for agriculture resource development or for a temporary water shortage emergency, as defined in Section 73-3d-101, from any source; and (e) interest earned on the fund. (4) The commission may make loans from the fund for: (a) a rangeland improvement and management project; (b) a watershed protection or flood prevention project; (c) a soil and water conservation project; (d) a program designed to promote energy efficient farming practices; (e) an improvement program for agriculture product storage or program designed to protect a crop or animal resource; (f) a hydroponic or aquaponic system, including a hydroponic fodder production system; (g) a project or program to improve water quality; (h) a project to address other environmental issues; (i) subject to Subsection (5), a disaster relief program designed to aid the sustainability of agriculture during and immediately following a disaster; or (j) subject to Subsection (6), authorized for temporary water shortage emergencies as provided in Title 73, Chapter 3d, Part 4, Compensation. (5) (a) Except as provided in Subsection (5)(b), the department shall limit loans for disaster relief programs under Subsection (4)(i) to no more than 10% of the total amount of: (i) the balance of money in the fund; and (ii) the outstanding loans issued from the fund. (b) Notwithstanding Subsection (5)(a), the department may use the money appropriated to the fund by the Legislature or another source, without limitation, if the money is appropriated specifically for use in a disaster relief program. (6) The commission may not have at one time an aggregate amount of loans made under Subsection (4)(j) that exceeds $5,000,000. (7) The commission may appoint an advisory board to: (a) oversee the award process for loans, as described in this section; (b) approve loans; and (c) recommend policies and procedures for the fund that are consistent with statute. (8) The department shall obtain an approved annual budget from the commission to use money from the fund to pay for the costs of administering the fund and loans made from the fund.
Utah Code § 4-41a-1101 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-1101
§ 4-41a-1101. Operating requirements -- General.
Status: in_force

(1) (a) A medical cannabis pharmacy shall operate: (i) at the physical address provided to the department under Section 4-41a-1001; and (ii) in accordance with the operating plan provided to the department under Section 4-41a-1001 and, if applicable, Section 4-41a-1004. (b) A medical cannabis pharmacy shall notify the department before a change in the medical cannabis pharmacy's physical address or operating plan. (2) An individual may not enter a medical cannabis pharmacy unless the individual: (a) is at least 18 years old or is an emancipated minor under Section 80-7-105; and (b) except as provided in Subsection (4): (i) possesses a valid: (A) medical cannabis pharmacy agent registration card; (B) pharmacy medical provider registration card; or (C) medical cannabis card; (ii) is an employee of the department performing an inspection under Section 4-41a-1103; or (iii) is another individual as the department provides. (3) A medical cannabis pharmacy may not employ an individual who is younger than 21 years old. (4) Notwithstanding Subsection (2)(b), a medical cannabis pharmacy may authorize an individual who is not a medical cannabis pharmacy agent or pharmacy medical provider to access the medical cannabis pharmacy if the medical cannabis pharmacy tracks and monitors the individual at all times while the individual is at the medical cannabis pharmacy and maintains a record of the individual's access. (5) A medical cannabis pharmacy shall operate in a facility that has: (a) a single, secure public entrance; (b) a security system with a backup power source that: (i) detects and records entry into the medical cannabis pharmacy; and (ii) provides notice of an unauthorized entry to law enforcement when the medical cannabis pharmacy is closed; and (c) a lock on each area where the medical cannabis pharmacy stores medical cannabis. (6) A medical cannabis pharmacy shall post, both clearly and conspicuously in the medical cannabis pharmacy, the limit on the purchase of cannabis described in Subsection 4-41a-1102(2). (7) Except for an emergency situation described in Subsection 26B-4-213(3)(b), a medical cannabis pharmacy may not allow any individual to consume cannabis on the property or premises of the medical cannabis pharmacy. (8) A medical cannabis pharmacy may not sell medical cannabis without first indicating on the medical cannabis label the name of the medical cannabis pharmacy. (9) (a) Each medical cannabis pharmacy shall retain in the pharmacy's records the following information regarding each recommendation underlying a transaction: (i) the recommending medical provider's name, address, and telephone number; (ii) the patient's name and address; (iii) the date of issuance; (iv) directions of use and dosing guidelines or an indication that the recommending medical provider did not recommend specific directions of use or dosing guidelines; and (v) if the patient did not complete the transaction, the name of the medical cannabis cardholder who completed the transaction. (b) (i) Except as provided in Subsection (9)(b)(iii), a medical cannabis pharmacy may not sell medical cannabis unless the medical cannabis has a label securely affixed to the container indicating the following minimum information: (A) the name, address, and telephone number of the medical cannabis pharmacy; (B) the unique identification number that the medical cannabis pharmacy assigns; (C) the date of the sale; (D) the name of the patient; (E) the name of the recommending medical provider who recommended the medical cannabis treatment; (F) directions for use and cautionary statements, if any; (G) the amount dispensed and the cannabinoid content; (H) the suggested use date; (I) for unprocessed cannabis flower, the legal use termination date; and (J) any other requirements that the department determines, in consultation with the Division of Professional Licensing and the Board of Pharmacy. (ii) A medical cannabis pharmacy is exempt from the requirement to provide the following information under Subsection (9)(b)(i) if the information is already provided on the product label that a cannabis production establishment affixes: (A) a unique identification number; (B) directions for use and cautionary statements; (C) amount and cannabinoid content; and (D) a suggested use date. (iii) If the size of a medical cannabis container does not allow sufficient space to include the labeling requirements described in Subsection (9)(b)(i), the medical cannabis pharmacy may provide the following information described in Subsection (9)(b)(i) on a supplemental label attached to the container or an informational enclosure that accompanies the container: (A) the cannabinoid content; (B) the suggested use date; and (C) any other requirements that the department determines. (iv) A medical cannabis pharmacy may sell medical cannabis to another medical cannabis pharmacy without a label described in Subsection (9)(b)(i). (10) A pharmacy medical provider or medical cannabis pharmacy agent shall: (a) upon receipt of an order from a recommending medical provider in accordance with Subsections 26B-4-204(1)(b) and (c): (i) for a written order or an electronic order under circumstances that the department determines, contact the recommending medical provider or the recommending medical provider's office to verify the validity of the recommendation; and (ii) for an order that the pharmacy medical provider or medical cannabis pharmacy agent verifies under Subsection (10)(a)(i) or an electronic order that is not subject to verification under Subsection (10)(a)(i), enter the recommending medical provider's recommendation or renewal, including any associated directions of use, dosing guidelines, or caregiver indication, in the state electronic verification system; (b) in processing an order for a holder of a conditional medical cannabis card described in Subsection 26B-4-213(1)(b) that appears irregular or suspicious in the judgment of the pharmacy medical provider or medical cannabis pharmacy agent, contact the recommending medical provider or the recommending medical provider's office to verify the validity of the recommendation before processing the cardholder's order; (c) unless the medical cannabis cardholder has had a consultation under Subsection 26B-4-231(5), verbally offer to a medical cannabis cardholder at the time of a purchase of medical cannabis or a medical cannabis device, personal counseling with the pharmacy medical provider; and (d) provide a telephone number or website by which the cardholder may contact a pharmacy medical provider for counseling. (11) (a) A medical cannabis pharmacy may create a medical cannabis disposal program that allows an individual to deposit unused or excess medical cannabis or cannabis residue from a medical cannabis device in a locked box or other secure receptacle within the medical cannabis pharmacy. (b) A medical cannabis pharmacy with a disposal program described in Subsection (11)(a) shall ensure that only a medical cannabis pharmacy agent or pharmacy medical provider can access deposited medical cannabis. (c) A medical cannabis pharmacy shall dispose of any deposited medical cannabis by: (i) rendering the deposited medical cannabis unusable and unrecognizable before transporting deposited medical cannabis from the medical cannabis pharmacy; and (ii) disposing of the deposited medical cannabis in accordance with: (A) federal and state law, rules, and regulations related to hazardous waste; (B) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.; (C) Title 19, Chapter 6, Part 5, Solid Waste Management Act; and (D) other regulations that the department makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (12) A medical cannabis pharmacy: (a) shall employ a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy Practice Act, as a pharmacy medical provider; (b) may employ a physician who has the authority to write a prescription and is licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, as a pharmacy medical provider; (c) shall ensure that a pharmacy medical provider described in Subsection (12)(a) works onsite during all business hours; (d) shall designate one pharmacy medical provider described in Subsection (12)(a) as the pharmacist-in-charge to oversee the operation of and generally supervise the medical cannabis pharmacy; (e) shall allow the pharmacist-in-charge to determine which medical cannabis products the medical cannabis pharmacy maintains in the medical cannabis pharmacy's inventory; (f) for each medical cannabis product sold by the medical cannabis pharmacy, shall: (i) allow a medical cannabis cardholder located in the pharmacy to view the fact panel of the product when requested; and (ii) beginning July 1, 2025, include a picture of the fact panel of the product on the medical cannabis pharmacy's website; (g) shall maintain a video surveillance system that: (i) tracks all handling of medical cannabis in the pharmacy; (ii) is tamper proof; and (iii) stores a video record for at least 45 days; (h) shall provide the department access to the video surveillance system upon request; (i) if a patient product information insert is available, shall provide a patient who purchases a medical cannabis product the medical cannabis product's patient product information insert using any of the following methods: (i) a physical document; (ii) an email message; (iii) a text message; or (iv) a quick response code; and (j) may not allow a recommending medical provider to recommend medical cannabis as part of an event that: (i) is a temporary gathering, market, clinic, or promotional event; (ii) operates in a temporary tent or structure; and (iii) is held within 500 feet of the medical cannabis pharmacy's property line. (13) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, protocols for a recall of cannabis and cannabis products by a medical cannabis pharmacy.
Utah Code § 4-5-206 — Utah Code / Title 4 / Chapter 4-5 / § 4-5-206
§ 4-5-206. Food advertisement false or misleading.
Status: in_force

An advertisement of a food is considered to be false if it is false or misleading in any way.
Utah Code § 4-32-117 — Utah Code / Title 4 / Chapter 4-32 / § 4-32-117
§ 4-32-117. Inspection of products placed in containers -- Supervision of inspector -- Access to establishment.
Status: in_force

(1) An inspection of products placed in any container at any official establishment may not be considered to be complete until the products are sealed or enclosed under the supervision of an inspector. (2) For purposes of any inspection of products required by this chapter, inspectors authorized by the department shall have access at all times to every part of every establishment required to have inspection whether the establishment is operated or not.
Utah Code § 4-41-104 — Utah Code / Title 4 / Chapter 4-41 / § 4-41-104
§ 4-41-104. Product registration required for distribution -- Application -- Fees -- Renewal.
Status: in_force

(1) A cannabinoid product class or cannabinoid product that is not registered with the department may not be distributed in this state. (2) A person seeking registration for a cannabinoid product class or cannabinoid product shallapply to the department on forms provided by the departmentfor a registration for each cannabinoid product class or cannabinoid product the person intends to distribute in the state. (3) The department may conduct tests, or require test results, to ensure that any claim made by an applicant about a cannabinoid product class or cannabinoid product is accurate. (4) Upon receipt by the department of a proper application, as described in Subsection (2), the department shall issue a registration to the applicant allowing the applicant to distribute the registered cannabinoid product class or cannabinoid product in the state for one year from the date on which the application is approved, subject to suspension or revocation for cause. (5) The department shall mail, either through the postal service or electronically, forms for the renewal of a registration to a registrant at least 30 days before the day on which the registrant's registration expires.
Utah Code § 4-10-112 — Utah Code / Title 4 / Chapter 4-10 / § 4-10-112
§ 4-10-112. Stop sale, use, or removal order authorized -- Conditions for release specified -- Condemnation or seizure -- Procedure specified -- Award of costs authorized.
Status: in_force

(1) (a) The department may issue a "stop sale, use, or removal order" to a manufacturer, repairer, wholesaler, or retailer of any designated article or articles that the department finds or has reason to believe violates this chapter. (b) The order shall be in writing and no article subject to the order shall be removed, offered, or exposed for sale, except upon subsequent written release by the department. (c) Before a release is issued, the department may require the manufacturer, repairer, wholesaler, or retailer of the "stopped" article to pay the expense incurred by the department in connection with the withdrawal of the article from the market or for any other expense incurred in enforcing this chapter and the department's rules made under this chapter. (2) (a) The department may seek in a court of competent jurisdiction an order of seizure or condemnation of an article that violates this chapter or, upon proper grounds, to obtain a temporary restraining order or permanent injunction to prevent violation of this chapter. (b) A bond may not be required of the department in an injunctive proceeding brought under this section. (3) (a) Except as provided in Subsection (3)(b), if condemnation is ordered, the article shall be disposed of as the court directs. (b) The court may not order condemnation without giving the claimant of the article an opportunity to apply to the court for permission to bring the article into conformance, or for permission to remove the article from the state. (4) If the court orders condemnation, court costs, fees, storage, and other costs shall be awarded against the claimant of the article.
Utah Code § 4-3-204 — Utah Code / Title 4 / Chapter 4-3 / § 4-3-204
§ 4-3-204. Authority to collect samples -- Receipt -- Names of distributors.
Status: in_force

(1) Samples of dairy products from each dairy farm or processing plant may be secured and examined as often as deemed necessary by the department. (2) Samples of dairy products from stores, cafes, soda fountains, restaurants, and other places where dairy products are sold may be secured and examined as often as deemed necessary by the department. (3) Samples of milk or dairy products may be taken by the department at any time before final delivery to the consumer. (4) The department shall provide a signed receipt for all samples taken showing the date of sampling and the amount and kind of sample taken; provided, that the department is not liable to any person for the cost of any sample taken. (5) All proprietors of stores, cafes, restaurants, soda fountains, and other similar places shall furnish the department, upon request, with the names of all distributors from whom dairy products are obtained.