Utah Code § 4-14-103 — Utah Code / Title 4 / Chapter 4-14 / § 4-14-103
§ 4-14-103. Registration required for distribution -- Application -- Fees -- Renewal -- Local needs registration -- Distributor or applicator license -- Fees -- Renewal.
Status: in_force

(1) (a) A person that is not registered with the department may not distribute a pesticide in this state. (b) Application for registration shall be made to the department upon forms prescribed and furnished by the department accompanied with an annual registration fee determined by the department pursuant to Subsection 4-2-103(2) for each pesticide registered. (c) Upon receipt by the department of a proper application and payment of the appropriate fee, the commissioner shall issue a registration to the applicant allowing distribution of the registered pesticide in this state through June 30 of each year, subject to suspension or revocation for cause. (d) (i) Each registration is renewable for a period of one year upon the payment of an annual registration renewal fee in an amount equal to the current applicable original registration fee. (ii) Each renewal fee shall be paid on or before June 30 of each year. (2) The application shall include the following information: (a) the name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant's name; (b) the name of the pesticide; (c) a complete copy of the label that will appear on the pesticide; and (d) any information prescribed by rule of the department considered necessary for the safe and effective use of the pesticide. (3) (a) Except as provided in Subsection (3)(b), forms for the renewal of registration shall be emailed to registrants at least 30 days before the day on which the registrant's registration expires. (b) If a registrant requests to receive forms for the renewal of registration by mail, the department shall mail the forms to the registrant at least 30 days before the day on which the registrant's registration expires. (c) A registration in effect on June 30 for which a renewal application has been filed and the registration fee tendered shall continue in effect until the applicant is notified either that the registration is renewed or that the registration is suspended or revoked pursuant to Section 4-14-108. (4) The department may, before approval of any registration, require the applicant to submit the complete formula of any pesticide, including active and inert ingredients, and may also, for any pesticide not registered according to 7 U.S.C. Sec. 136a or for any pesticide on which restrictions are being considered, require a complete description of all tests and test results that support the claims made by the applicant or the manufacturer of the pesticide. (5) A registrant who desires to register a pesticide to meet special local needs according to 7 U.S.C. Sec. 136v(c) shall, in addition to complying with Subsections (1) and (2), satisfy the department that: (a) a special local need exists; (b) the pesticide warrants the claims made for the pesticide; (c) the pesticide, if used in accordance with commonly accepted practices, will not cause unreasonable adverse effects on the environment; and (d) the proposed classification for use conforms with 7 U.S.C. Sec. 136a(d). (6) A registration is not required for a pesticide distributed in this state pursuant to an experimental use permit issued by the EPA or under Section 4-14-105. (7) A pesticide dealer may not distribute a restricted use pesticide in this state without a license. (8) A person shall receive a license before applying: (a) a restricted use pesticide; or (b) a general use pesticide for hire or in exchange for compensation. (9) (a) A license to engage in an activity listed in Subsection (7) or (8) may be obtained by: (i) submitting an application on a form provided by the department; (ii) showing evidence of competence in the pesticide profession, as established by rule, and complying with the rules adopted by the department under this chapter; (iii) demonstrating good character; (iv) having no outstanding infractions and owing no money to the department; and (v) paying the license fee determined by the department according to Subsection 4-2-103(2). (b) A person may apply for a triennial license that expires on December 31 of the second calendar year after the calendar year in which the license is issued. (c) Notwithstanding Section 63J-1-504, the department shall retain the fees as dedicated credits and may only use the fees to administer and enforce this title.
Utah Code § 4-41a-302 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-302
§ 4-41a-302. Cannabis production establishment agent registration card -- Rebuttable presumption.
Status: in_force

(1) A cannabis production establishment agent whom the department registers under Section 4-41a-301 shall carry the individual's cannabis production establishment agent registration card with the agent at all times when: (a) the agent is on the premises of a cannabis production establishment where the agent is registered; (b) the agent is transporting cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device between: (i) two cannabis production establishments; or (ii) a cannabis production establishment and a medical cannabis pharmacy; and (c) if the cannabis production establishment agent is an agent of a cannabis cultivation facility, the agent is transporting raw cannabis plants to a cannabis processing facility or an independent cannabis testing laboratory. (2) If a cannabis processing facility agent possesses cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device and produces the registration card in the agent's possession in compliance with Subsection (1) while handling, at a cannabis production establishment, or transporting the cannabis, cannabis product, or medical cannabis device in compliance with Subsection (1): (a) there is a rebuttable presumption that the agent possesses the cannabis, cannabis product, or medical cannabis device legally; and (b) a law enforcement officer does not have probable cause, based solely on the agent's possession of the cannabis in medicinal dosage form, cannabis product in medicinal dosage form, or medical cannabis device in compliance with Subsection (1), to believe that the individual is engaging in illegal activity. (3) (a) A cannabis production establishment agent who fails to carry the agent's cannabis production establishment agent registration card in accordance with Subsection (1) is: (i) for a first or second offense in a two-year period: (A) guilty of an infraction; and (B) subject to a $100 fine; or (ii) for a third or subsequent offense in a two-year period: (A) guilty of a class C misdemeanor; and (B) subject to a $750 fine. (b) (i) The prosecuting entity shall notify the department and the relevant cannabis production establishment of each conviction under Subsection (3)(a). (ii) For each violation described in Subsection (3)(a)(ii), the department may assess the relevant cannabis production establishment a fine of up to $5,000, in accordance with a fine schedule that the department establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (c) An individual who is guilty of a violation described in Subsection (3)(a) is not guilty for a violation of Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, for the conduct underlying the violation described in Subsection (3)(a).
Utah Code § 4-3-205 — Utah Code / Title 4 / Chapter 4-3 / § 4-3-205
§ 4-3-205. Condemnation, embargo, denaturization of unfit milk or dairy products -- Unfit equipment.
Status: in_force

(1) The department may condemn or embargo any milk or dairy product which is adulterated, misbranded, or not produced or processed in accordance with this chapter. (2) The department may condemn the use of any equipment, tank, or container used to produce, process, manufacture, or transport milk or dairy products that it finds, upon inspection, to be unclean or contaminated. (3) The department may mark or tag any condemned equipment, tank, or container with the words "this (equipment, tank, or container) is unfit to contain human food." (4) Condemned milk shall be decharacterized or denatured with harmless coloring or rennet by the department.
Utah Code § 4-7-203 — Utah Code / Title 4 / Chapter 4-7 / § 4-7-203
§ 4-7-203. Suspension or revocation -- Grounds -- Notice to producers.
Status: in_force

(1) The department may suspend or revoke the license of and suspend or refuse all department services to a person licensed under this chapter if the department finds that the licensee has: (a) provided false information when making an application for a license; (b) failed to comply with this chapter or rules adopted under this chapter; or (c) engaged in any willful conduct that is detrimental to a producer. (2) If a license is revoked pursuant to a hearing and the decision is final, or an injunction is imposed by a civil court, the department shall, by publication in a newspaper of general circulation in the area, notify producers of livestock in the area in which the licensee operated that the license has been revoked or a department action has been taken.
Utah Code § 4-32-105 — Utah Code / Title 4 / Chapter 4-32 / § 4-32-105
§ 4-32-105. Definitions.
Status: in_force

As used in this chapter: (1) "Adulterated" means any meat or poultry product that: (a) bears or contains any poisonous or deleterious substance that may render it injurious to health, but, if the substance is not an added substance, the meat or poultry product is not considered adulterated under this subsection if the quantity of the substance in or on the meat or poultry product does not ordinarily render it injurious to health; (b) bears or contains, by reason of the administration of any substance to the animal or otherwise, any added poisonous or added deleterious substance that in the judgment of the commissioner makes the meat or poultry product unfit for human food; (c) contains, in whole or in part, a raw agricultural commodity and that commodity bears or contains a pesticide chemical that is unsafe within the meaning of 21 U.S.C. Sec. 346a; (d) bears or contains any food additive that is unsafe within the meaning of 21 U.S.C. Sec. 348; (e) bears or contains any color additive that is unsafe within the meaning of 21 U.S.C. Sec. 379e, provided that a meat or poultry product that is not otherwise considered adulterated under Subsection (1)(c) or (d) is considered adulterated if use of the pesticide chemical, food additive, or color additive is prohibited in official establishments by federal law, regulation, or standard; (f) consists, in whole or in part, of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food; (g) has been prepared, packaged, or held under unsanitary conditions if the meat or poultry product may have become contaminated with filth, or if it may have been rendered injurious to health; (h) is in whole or in part the product of an animal that died other than by slaughter; (i) is contained in a container that is composed, in whole or in part, of any poisonous or deleterious substance that may render the meat or poultry product injurious to health; (j) has been intentionally subjected to radiation, unless the use of the radiation conforms with a regulation or exemption in effect pursuant to 21 U.S.C. Sec. 348; (k) has a valuable constituent in whole or in part omitted, abstracted, or substituted; or if damage or inferiority is concealed in any manner; or if any substance has been added, mixed, or packed with the meat or poultry product to increase its bulk or weight, reduce its quality or strength, or make it appear better or of greater value; or (l) is margarine containing animal fat and any of the raw material used in the margarine consists in whole or in part of any filthy, putrid, or decomposed substance. (2) "Amenable species" means: (a) livestock, including cattle, sheep, goats, swine, or equine; or (b) poultry, including a domesticated chicken, turkey, duck, goose, guinea, ratite, or squab. (3) "Animal" means a domesticated or captive mammalian or avian species. (4) "Animal food manufacturer" means any person engaged in the business of preparing animal food derived from animal carcasses or parts or products of the carcasses. (5) "Antemortem inspection" means an inspection of a live animal immediately before slaughter. (6) "Broker" means any person engaged in the business of buying and selling meat or poultry products other than for the person's own account. (7) "Capable of use as human food" means any animal carcass, or part or product of a carcass, unless it is denatured or otherwise identified as required by rules of the department to deter the carcass or product's use as human food. (8) "Commissioner" includes a person authorized by the commissioner to carry out the provisions of this chapter. (9) "Container" or "package" means any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover. (10) "Custom exempt processing" means processing meat, wild game, amenable species, or nonamenable species as a service for the person who owns the meat, wild game, amenable species, or nonamenable species, if the person: (a) uses the meat, meat food products, slaughtered amenable species, wild game, or slaughtered nonamenable species for the person's own consumption, including consumption by immediate family members and nonpaying guests; or (b) offers the slaughtered nonamenable species for wholesale or retail sale. (11) (a) "Custom exempt slaughter" means: (i) slaughtering an amenable species or nonamenable species as a service for the person who owns the amenable species or nonamenable species and uses the slaughtered amenable species or slaughtered nonamenable species for the person's own consumption, including consumption by immediate family members and nonpaying guests; or (ii) the slaughter of a nonamenable species intended for wholesale or retail sale. (b) "Custom exempt slaughter" includes farm custom slaughter. (12) "Diseased animal": (a) means an animal that: (i) is diagnosed with a disease not known to be cured; or (ii) has exhibited signs or symptoms of a disease that is not known to be cured; and (b) does not include an otherwise healthy animal that suffers only from injuries such as fractures, cuts, or bruises. (13) "Farm custom mobile unit" means a portable slaughter vehicle or trailer that is used by a farm custom slaughter licensee to slaughter animals. (14) "Farm custom slaughter" means custom exempt slaughtering of an animal, amenable species, or nonamenable species for an owner without official inspection. (15) "Farm custom slaughter license" means a license issued by the department to allow farm custom slaughter. (16) "Farm custom slaughter NOT FOR SALE tag" means a tag issued by the department to the owner of the facility before the animal is slaughtered that specifies the animal's identification and certifies its ownership. (17) "Federal acts" means: (a) the Federal Meat Inspection Act, 21 U.S.C. Sec. 601 et seq.; (b) the Federal Poultry Products Inspection Act, 21 U.S.C. Sec. 451 et seq.; and (c) the Humane Slaughter Act, 7 U.S.C. 1901 et seq.. (18) "Federal Food, Drug and Cosmetic Act" means the act so entitled, approved June 25, 1938 (52 Stat. 1040) (21 U.S.C. 301 et seq.), and any amendments to the act. (19) "Immediate container" means any consumer package, or any other container, in which meat or poultry products not consumer packaged are packed. (20) "Inspector" means a department employee who is trained in: (a) humane handling; (b) antemortem and postmortem inspection; (c) processing inspection; and (d) regulatory requirements. (21) "Label" means a display of printed or graphic matter upon any meat or poultry product or the immediate container, not including package liners, of any such product. (22) "Labeling" means all labels and other printed or graphic matter: (a) upon any meat or poultry product or any of its containers or wrappers; or (b) accompanying a meat or poultry product. (23) "Licensee" means a person who holds a valid farm custom slaughter license. (24) "Meat" means the edible muscle, and other edible parts, of an animal, including edible: (a) skeletal muscle; (b) organs; (c) muscle found in the tongue, diaphragm, heart, or esophagus; and (d) fat, bone, skin, sinew, nerve, or blood vessel that normally accompanies meat and is not ordinarily removed in processing. (25) "Meat establishment" means a plant or fixed premises used to: (a) slaughter animals for human consumption; or (b) process meat or poultry products for human consumption. (26) "Meat product" means any product capable of use as human food that is made wholly or in part from any meat or other part of the carcass of any non-avian animal. (27) "Misbranded" means any meat or poultry product that: (a) bears a label that is false or misleading in any particular; (b) is offered for sale under the name of another food; (c) is an imitation of another food, unless the label bears, in type of uniform size and prominence, the word "imitation" followed by the name of the food imitated; (d) if it has a container, the container is made, formed, or filled as to be misleading; (e) does not bear a label showing: (i) the name and place of business of the manufacturer, packer, or distributor; and (ii) an accurate statement of the quantity of the product in terms of weight, measure, or numerical count, provided that under this Subsection (27)(e), exemptions as to meat and poultry products not in containers may be established by rules of the department and that under this Subsection (27)(e)(ii), reasonable variations may be permitted, and exemptions for small packages may be established for meat or poultry products by rule of the department; (f) does not bear any word, statement, or other information required by or under authority of this chapter to appear on the label or other labeling that is not prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; (g) is a food for which a definition and standard of identity or composition has been prescribed by rules of the department under Section 4-32-109 if the food does not conform to the definition and standard and the label does not bear the name of the food and any other information that is required by the rule; (h) is a food for which a standard of fill has been prescribed by rule of the department for the container and the actual fill of the container falls below that prescribed unless the food's label bears, in a manner and form as the rule specifies, a statement that the food falls below the standard; (i) is a food for which no standard or definition of identity has been prescribed under Subsection (27)(g) unless the label bears: (i) the common or usual name of the food, if there be any; and (ii) if the food is fabricated from two or more ingredients, the common or usual name of each such ingredient, except that spices, flavorings, and colorings may, when authorized by the department, be designated as spices, flavorings, and colorings without naming each, provided that to the extent that compliance with the requirements of this Subsection (27)(i)(ii) is impracticable, or results in deception or unfair competition, exemptions shall be established by rule; (j) is a food that purports to be or is represented to be for special dietary uses, unless the label bears information concerning the food's vitamin, mineral, and other dietary properties as the department, after consultation with the Secretary of Agriculture of the United States, prescribes by rules as necessary to inform purchasers as to the food's value for special dietary uses; (k) bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless the food bears labeling stating that fact, provided that to the extent that compliance with the requirements of this subsection are impracticable, exemptions shall be prescribed by rules of the department; or (l) does not bear directly thereon and on the food's containers, as the department may prescribe by rule, the official inspection legend and establishment number of the official establishment where the product was prepared, and, unrestricted by any of the foregoing, other information as the department may require by rule to assure that the meat or poultry product will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the meat or poultry product in a wholesome condition. (28) (a) "Nonamenable species" means a member of a species that is: (i) not included in the definition of amenable species; and (ii) domestically raised. (b) "Nonamenable species" includes domesticated game, as defined in Section 4-32a-201. (29) "Official certificate" means any certificate prescribed by rules of the department for issuance by an inspector or other person performing official functions under this chapter. (30) "Official device" means a device prescribed or authorized by the commissioner for use in applying an official mark. (31) "Official establishment" means an establishment at which inspection of the slaughter of animals or the preparation of meat or poultry products is maintained under the authority of this chapter. (32) (a) "Official inspection" means mandatory inspection, carried out under grant of inspection issued by the department, of a slaughtered animal or preparation for slaughtering an animal, if the animal is intended for human consumption. (b) "Official inspection" does not apply to custom exempt processing or farm custom slaughter. (33) "Official inspection legend" means a symbol prescribed by rules of the department showing that a meat or poultry product was inspected and passed in accordance with this chapter. (34) "Official mark" means the official legend or other symbol prescribed by rules of the department to identify the status of an animal carcass or meat or poultry product under this chapter. (35) "Pesticide chemical," "food additive," "color additive," and "raw agricultural commodity," have the same meanings for purposes of this chapter as ascribed to them in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Sec. 301 et seq. (36) "Postmortem inspection" means an inspection of a slaughtered food animal's carcass after slaughter. (37) "Poultry" means any domesticated bird, whether living or dead. (38) "Poultry product" means any product capable of use as human food that is made wholly or in part from any poultry carcass, excepting products that contain poultry ingredients in relatively small proportion or that historically have not been considered by consumers as products of the poultry food industry, and that are exempted from definition as a poultry product by the commissioner. (39) "Prepared" means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed. (40) "Process" means to cut, grind, manufacture, compound, smoke, intermix, or prepare meat or poultry products. (41) "Renderer" means any person engaged in the business of rendering animal carcasses, or parts or products of animal carcasses, except rendering conducted under inspection or exemption under this chapter. (42) "Slaughter" means: (a) the killing of an animal, amenable species, or nonamenable species in a humane manner including skinning or dressing; or (b) the process of performing any of the specified acts in preparing an animal, amenable species, or nonamenable species for human consumption. (43) "Wild game" means a species, the products of which are food, that is not classified as an amenable species or nonamenable species, including: (a) a deer; (b) an elk; (c) an antelope; (d) a moose; (e) a bison; (f) a rabbit; and (g) a bird.
Utah Code § 4-47-101 — Utah Code / Title 4 / Chapter 4-47 / § 4-47-101
§ 4-47-101. Definitions for chapter.
Status: in_force

As used in this chapter: (1) (a) "Abandoned horse" means any horse, ass, mule, or other animal of the genus Equus, unbranded, or, if branded, that has escaped assessment for taxation for the year next preceding the killing of such animal as hereinafter provided for, and running at large upon the open range of this state. (b) "Abandoned horse" includes a foal running with a dam described in Subsection (1)(a). (2) (a) "Open range" means all land not privately owned. (b) "Open range" includes all roads, outside of private enclosures, used by the public, whether the same have been formally dedicated to the public or not. (3) "Unbranded" means an animal not bearing a decipherable brand recorded in accordance with Section 4-24-202.
Utah Code § 4-41-404 — Utah Code / Title 4 / Chapter 4-41 / § 4-41-404
§ 4-41-404. Department duties.
Status: in_force

The department may take an enforcement action in accordance with Section 4-41-106 against any person who offers an unregistered cannabinoid product for sale in this state.
Utah Code § 4-22-105 — Utah Code / Title 4 / Chapter 4-22 / § 4-22-105
§ 4-22-105. Commission to conduct elections -- Nomination of candidates -- Expenses of election paid by commission.
Status: in_force

(1) (a) The commissioner shall administer all commission elections. (b) The commissioner shall mail a ballot to each producer within the district in which an election is to be held by May 15 of each election year. (c) The candidate who receives the highest number of votes cast in the candidate's district shall be elected. (d) The commissioner shall determine all questions of eligibility. (e) A ballot shall be postmarked by May 31 of an election year. (f) (i) All ballots received by the commissioner shall be counted and tallied by June 15. (ii) A member of the commission whose name appears on a ballot may not participate in counting or tallying the ballots. (2) Candidates for election to the commission shall be nominated, not later than April 15, by a petition signed by two or more producers who are residents of the district in which the election is to be held. (3) The names of all nominees shall be submitted to the commissioner on or before May 1 of each election year. (4) All election expenses incurred by the commissioner shall be paid by the commission.
Utah Code § 4-30-105 — Utah Code / Title 4 / Chapter 4-30 / § 4-30-105
§ 4-30-105. License required -- Application -- Fee -- Expiration -- Renewal.
Status: in_force

(1) (a) A person may not operate a livestock market in this state without a license issued by the department. (b) A person shall submit an application for a license to the department upon forms prescribed and furnished by the department, and the application shall specify: (i) if the applicant is an individual, the name, address, and age of the applicant; or (ii) if the applicant is a partnership, corporation, or association, the name, address, and age of each person who has a financial interest in the applicant and the amount of each person's interest; (iii) a certified statement of the financial assets and liabilities of the applicant detailing: (A) current assets; (B) current liabilities; (C) long-term assets; and (D) long-term liabilities; (iv) a legal description of the property where the market is proposed to be located, the property's street address, and a description of the facilities proposed to be used in connection with the property; (v) a schedule of the charges or fees the applicant proposes to charge for each service rendered; and (vi) a detailed statement of the trade area proposed to be served by the applicant, the potential benefits which will be derived by the livestock industry, and the specific services the applicant intends to render at the livestock market. (2) (a) Upon receipt of a proper application, payment of a license fee in an amount determined by the department pursuant to Subsection 4-2-103(2), the commissioner, if satisfied that the convenience and necessity of the industry and the public will be served, shall issue a license allowing the applicant to operate the livestock market proposed in the application valid through December 31 of the year in which the license is issued, subject to suspension or revocation for cause. (b) A livestock market license is annually renewable on or before December 31 of each year upon the payment of an annual license renewal fee in an amount determined by the department pursuant to Subsection 4-2-103(2). (3) The department may not issue a livestock market original or renewal license until the applicant has provided the department with a certified copy of a surety bond filed with the United States Department of Agriculture as required by the Packers and Stockyards Act, 1921, 7 U.S.C. Section 181 et seq.
Utah Code § 4-41a-1204 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-1204
§ 4-41a-1204. Medical cannabis courier agent -- Background check -- Registration card -- Rebuttable presumption.
Status: in_force

(1) An individual may not serve as a medical cannabis courier agent unless the department registers the individual as a medical cannabis courier agent. (2) (a) The department shall, within 15 days after the day on which the department receives a complete application from a medical cannabis courier on behalf of a medical cannabis courier agent, register and issue a medical cannabis courier agent registration card to the prospective agent if the medical cannabis courier: (i) provides to the department: (A) the prospective agent's name and address; (B) the name and address of the medical cannabis courier; (C) the name and address of each home delivery medical cannabis pharmacy with which the medical cannabis courier contracts to deliver medical cannabis shipments; and (D) the submission required under Subsection (2)(b); (ii) as reported under Subsection (2)(c), has not been convicted under state or federal law of: (A) a felony; or (B) after December 3, 2018, a misdemeanor for drug distribution; and (iii) pays the department a fee in an amount that, subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504. (b) Each prospective agent described in Subsection (2)(a) shall: (i) submit to the department: (A) a fingerprint card in a form acceptable to the Department of Public Safety; and (B) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the registration of the prospective agent's fingerprints in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service; and (ii) consent to a fingerprint background check by: (A) the Bureau of Criminal Identification; and (B) the Federal Bureau of Investigation. (c) The Bureau of Criminal Identification shall: (i) check the fingerprints the prospective agent submits under Subsection (2)(b) against the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System; (ii) report the results of the background check to the department; (iii) maintain a separate file of fingerprints that prospective agents submit under Subsection (2)(b) for search by future submissions to the local and regional criminal records databases, including latent prints; (iv) 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 (v) 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. (d) The department shall: (i) assess an individual who submits fingerprints under Subsection (2)(b) 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 (ii) remit the fee described in Subsection (2)(d)(i) to the Bureau of Criminal Identification. (3) (a) A medical cannabis courier agent shall comply with a certification standard that the department develops, in collaboration with the Division of Professional Licensing and the Board of Pharmacy, or a third-party certification standard that the department designates by rule in collaboration with the Division of Professional Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (b) The department shall ensure that the certification standard described in Subsection (3)(a) includes training in: (i) Utah medical cannabis law; (ii) the medical cannabis shipment process; and (iii) medical cannabis courier agent best practices. (4) (a) A medical cannabis courier agent registration card expires two years after the day on which the department issues or renews the card. (b) A medical cannabis courier agent may renew the agent's registration card if the agent: (i) is eligible for a medical cannabis courier agent registration card under this section; (ii) certifies to the department in a renewal application that the information in Subsection (2)(a) is accurate or updates the information; and (iii) pays to the department a renewal fee in an amount that: (A) subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504; and (B) may not exceed the cost of the relatively lower administrative burden of renewal in comparison to the original application process. (5) The department shall revoke or refuse to issue or renew the medical cannabis courier agent registration card of an individual who: (a) violates the requirements of this chapter; or (b) is convicted under state or federal law of: (i) a felony within the preceding 10 years; or (ii) after December 3, 2018, a misdemeanor for drug distribution. (6) A medical cannabis courier agent whom the department has registered under this section shall carry the agent's medical cannabis courier agent registration card with the agent at all times when: (a) the agent is on the premises of the medical cannabis courier, a medical cannabis pharmacy, or a delivery address; and (b) the agent is handling a medical cannabis shipment. (7) If a medical cannabis courier agent handling a medical cannabis shipment possesses the shipment in compliance with Subsection (6): (a) there is a rebuttable presumption that the agent possesses the shipment legally; and (b) there is no probable cause, based solely on the agent's possession of the medical cannabis shipment that the agent is engaging in illegal activity. (8) (a) A medical cannabis courier agent who violates Subsection (6) is: (i) guilty of an infraction; and (ii) subject to a $100 fine. (b) An individual who is guilty of a violation described in Subsection (8)(a) is not guilty of a violation of Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, for the conduct underlying the violation described in Subsection (8)(a). (9) A medical cannabis courier shall: (a) maintain a list of employees who have a medical cannabis courier agent card; and (b) provide the list to the department upon request.
Utah Code § 4-41a-107 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-107
§ 4-41a-107. Notice to prospective and current public employees.
Status: in_force

(1) (a) A state employer or a political subdivision employer shall take the action described in Subsection (1)(b) before: (i) giving to a current employee an assignment or duty that arises from or directly relates to an obligation under this chapter; or (ii) hiring a prospective employee whose assignments or duties would include an assignment or duty that arises from or directly relates to an obligation under this chapter. (b) The employer described in Subsection (1)(a) shall give the employee or prospective employee described in Subsection (1)(a) a written notice that notifies the employee or prospective employee: (i) that the employee's or prospective employee's job duties may require the employee or prospective employee to engage in conduct which is in violation of the criminal laws of the United States; and (ii) that in accepting a job or undertaking a duty described in Subsection (1)(a), although the employee or prospective employee is entitled to the protections of Title 67, Chapter 21, Utah Protection of Public Employees Act, the employee may not object or refuse to carry out an assignment or duty that may be a violation of the criminal laws of the United States with respect to the manufacture, sale, or distribution of cannabis. (2) The Division of Human Resource Management shall create, revise, and publish the form of the notice described in Subsection (1). (3) Notwithstanding Subsection 67-21-3(3), an employee who has signed the notice described in Subsection (1) may not: (a) claim in good faith that the employee's actions violate or potentially violate the laws of the United States with respect to the manufacture, sale, or distribution of cannabis; or (b) refuse to carry out a directive that the employee reasonably believes violates the criminal laws of the United States with respect to the manufacture, sale, or distribution of cannabis. (4) An employer of an employee who has signed the notice described in Subsection (1) may not take retaliatory action as defined in Section 67-19a-101 against a current employee who refuses to sign the notice described in Subsection (1).
Utah Code § 4-11-115 — Utah Code / Title 4 / Chapter 4-11 / § 4-11-115
§ 4-11-115. Maintaining gentle stock.
Status: in_force

A beekeeper may not intentionally maintain an aggressive or unmanageable stock, whether African or European in origin.
Utah Code § 4-31-115 — Utah Code / Title 4 / Chapter 4-31 / § 4-31-115
§ 4-31-115. Contagious or infectious disease, or any epidemic or poisoning -- Duties of department.
Status: in_force

(1) (a) The department shall investigate and may quarantine a reported case of contagious or infectious disease, or any epidemic or poisoning, affecting a domestic animal or an animal that the department believes may jeopardize the health of animals within the state. (b) The department shall make a prompt and thorough examination of the circumstances surrounding the disease, epidemic, or poisoning and may order quarantine, care, or any necessary remedies. (c) The department may also order immunization or testing and sanitary measures to prevent the spread of disease. (d) An investigation involving fish or wildlife shall be conducted under a cooperative agreement with the Division of Wildlife Resources. (2) (a) If the owner or person in possession of an animal with a contagious or infectious disease, epidemic, or poisoning, after written notice from the department, fails to take the action ordered, the commissioner may seize and hold the animal and take action necessary to prevent the spread of disease, including immunization, testing, or treatment. (b) An animal seized for testing or treatment under this section may be sold by the commissioner at public sale to reimburse the department for the costs incurred in the seizure, testing, treatment, maintenance, and sale of the animal unless the owner, before the sale, tenders payment for the costs incurred by the department. (c) (i) The commissioner may not sell a seized animal until the owner or person in possession of the animal is served with a notice specifying the itemized costs incurred by the department, the time, place, and purpose of sale, and the number of animals to be sold. (ii) The notice shall be served at least three days in advance of sale in the manner: (A) prescribed for personal service in Rule 4(d)(1), Utah Rules of Civil Procedure; or (B) if the owner cannot be found after due diligence, prescribed for service by publication in Rule 4(d)(4), Utah Rules of Civil Procedure. (3) (a) Any amount realized from the sale of the animal over the total charges shall be paid to the owner of the animal if the owner is known or can by reasonable diligence be found. (b) If the owner is unknown and cannot be found by reasonable diligence, as described in Subsection (3)(a), the excess shall remain in the General Fund. (c) If the total cost incurred is greater than the amount realized, the owner shall pay the difference.
Utah Code § 4-41a-406 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-406
§ 4-41a-406. Local control.
Status: in_force

(1) As used in this section: (a) "Cannabis production establishment" means the same as that term is defined in Section 4-41a-102 and includes a closed-door medical cannabis pharmacy. (b) "Land use application" means the same as that term is defined in Sections 10-20-102 and 17-79-102. (c) "Land use decision" means the same as that term is defined in Sections 10-20-102 and 17-79-102. (d) "Land use permit" means the same as that term is defined in Sections 10-20-102 and 17-79-102. (e) "Land use regulation" means the same as that term is defined in Sections 10-20-102 and 17-79-102. (2) (a) If a municipality's or county's zoning ordinances provide for an industrial zone, the operation of a cannabis production establishment shall be a permitted industrial use in any industrial zone unless the municipality or county has designated by ordinance, before an individual submits a land use permit application for a cannabis production establishment, at least one industrial zone in which the operation of a cannabis production establishment is a permitted use. (b) If a municipality's or county's zoning ordinances provide for an agricultural zone, the operation of a cannabis production establishment shall be a permitted agricultural use in any agricultural zone unless the municipality or county has designated by ordinance, before an individual submits a land use permit application for a cannabis production establishment, at least one agricultural zone in which the operation of a cannabis production establishment is a permitted use. (c) The operation of a cannabis production establishment shall be a permitted use on land that the municipality or county has not zoned. (3) A municipality or county may not: (a) on the sole basis that the applicant, or cannabis production establishment violates federal law regarding the legal status of cannabis, deny or revoke: (i) a land use permit to operate a cannabis production facility; or (ii) a business license to operate a cannabis production facility; or (b) require a certain distance between a cannabis production establishment and: (i) another cannabis production establishment; (ii) a medical cannabis pharmacy; (iii) a retail tobacco specialty business, as that term is defined in Section 26B-7-501; or (iv) an outlet, as that term is defined in Section 32B-1-202. (4) (a) Subject to the provisions of this section, when evaluating and approving a land use application for a cannabis production establishment: (i) a municipality shall comply with Section 10-20-902; and (ii) a county shall comply with Section 17-79-803. (b) An applicant for a land use permit to operate a cannabis production establishment shall comply with the land use requirements and application process described in: (i) Title 10, Chapter 20, Municipal Land Use, Development, and Management Act; and (ii) Title 17, Chapter 79, County Land Use, Development, and Management Act.
Utah Code § 4-24-502 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-502
§ 4-24-502. Unlawful acts specified -- Allegation concerning evidence of ownership relative to hides.
Status: in_force

(1) It is unlawful for a person to: (a) permit cattle, calves, horses, mules, or sheep, except unweaned calves or colts, that are not branded in accordance with this chapter, to forage upon an open range in this state or outside an enclosure; (b) brand livestock with a brand that is not a matter of record on the central Brand Registry; (c) obliterate, change, or remove a recorded brand; (d) destroy, mutilate, or conceal a hide with intent to, or for the purpose of, removing evidence of ownership of the hide, or ownership of the animal from which the hide was removed; (e) hold or ship an estray or livestock owned by another without notifying the owner, a brand inspector, or law enforcement; or (f) offer for sale an estray or the livestock owned by another. (2) In a prosecution for violation of this section: (a) the state does not need to allege the ownership of the hide or the animal or carcass from which the hide was removed; and (b) the complaint or information is sufficient if the complaint or information alleges that ownership is unknown and that the hide is not the property of the defendant.
Utah Code § 4-47-203 — Utah Code / Title 4 / Chapter 4-47 / § 4-47-203
§ 4-47-203. Owners may reclaim -- Damages -- Taxes.
Status: in_force

(1) Any person owning any horses which are running at large in any county in which the county executive has given notice of intention to make a drive, as provided in this chapter, may within 30 days after the posting or the first publication of the notice mentioned in Section 4-47-201 file with the county executive a description of such horses claimed by the person, giving the marks and brands, if any, which appear thereon, and, if the county executive shall take into the county executive's possession any horses so claimed, the county executive shall by registered letter addressed to the owner or claimant of such horses notify the owner or claimant that the same may be claimed within 10 days from the mailing of such notice; and such owner or claimant shall be permitted upon application to the county legislative body to take possession of such horses upon payment of the expense of caring for the same from the date of capture. (2) If any horses are killed by order of the county executive under the provisions of this chapter, a description of which has been reported by the owner thereof to the county legislative body, and ownership of such animals can be satisfactorily established, such owner shall receive as damage therefor a sum not exceeding $10 for each animal; provided, that the owner has paid all taxes assessed against said animal; provided further, that payment of such claims may be made only from proceeds of sales of captured horses.
Utah Code § 4-11-102 — Utah Code / Title 4 / Chapter 4-11 / § 4-11-102
§ 4-11-102. Definitions.
Status: in_force

As used in this chapter: (1) "Abandoned apiary" means any apiary to which the owner or operator fails to give reasonable and adequate attention during a given year as determined by the department. (2) "Apiary" means any place where one or more colonies of bees are located. (3) "Apiary equipment" means hives, supers, frames, veils, gloves, or other equipment used to handle or manipulate bees, honey, wax, or hives. (4) "Appliance" means any apparatus, tool, machine, or other device used to handle or manipulate bees, wax, honey, or hives. (5) "Bee" means the common honey bee, Apis mellifera, at any stage of development. (6) (a) "Beekeeper" means a person who keeps bees. (b) "Beekeeper" includes an apiarist. (7) "Colony" means an aggregation of bees in any type of hive that includes queens, workers, drones, or brood. (8) "Disease" means any infectious or contagious disease affecting bees, as specified by the department, including American foulbrood. (9) "Hive" means a frame hive, box hive, box, barrel, log, gum skep, or other artificial or natural receptacle that may be used to house bees. (10) "Package" means any number of bees in a bee-tight container, with or without a queen, and without comb. (11) "Parasite" means an organism that parasitizes any developmental stage of a bee. (12) "Pest" means an organism that: (a) inflicts damage to a bee or bee colony directly or indirectly; or (b) may damage apiary equipment in a manner that is likely to have an adverse effect on the health of the colony or an adjacent colony. (13) "Raise" means: (a) to hold a colony of bees in a hive for the purpose of pollination, honey production, or study, or a similar purpose; and (b) when the person holding a colony holds the colony or a package of bees in the state for a period of time exceeding 30 days. (14) "Terminal disease" means a pest, parasite, or pathogen that will kill an occupant colony or subsequent colony on the same equipment.
Utah Code § 4-3-605 — Utah Code / Title 4 / Chapter 4-3 / § 4-3-605
§ 4-3-605. Suspension of permit.
Status: in_force

(1) The department shall suspend a permit issued under Section 4-3-301 if: (a) two out of four consecutive samples or two samples in a 30-day period violate standards established under Section 4-3-603; or (b) a producer violates this part or a rule made by the department, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as authorized by this part. (2) The department may reissue a permit that has been suspended under this section if the producer: (a) obtains a test result that meets the standards described in Subsections 4-3-603(1) and (2); and (b) complies with all of the requirements of this part and rules made by the department, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as authorized by this part. (3) Upon written request by a producer with a suspended permit, the department shall provide the producer information on how to request a hearing regarding the department's decision to suspend the permit.
Utah Code § 4-5-105 — Utah Code / Title 4 / Chapter 4-5 / § 4-5-105
§ 4-5-105. Inspection of premises and records -- Authority to take samples -- Inspection results reported.
Status: in_force

(1) An authorized agent of the department, upon presenting appropriate credentials to the owner, operator, or agent in charge, may: (a) enter at reasonable times a factory, farm, warehouse, or establishment in which food is manufactured, processed, packed, or held for introduction into commerce or after introduction into commerce; (b) enter a vehicle being used to transport or hold food in commerce; (c) inspect at reasonable times and within reasonable limits and in a reasonable manner a factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling located within the factory, warehouse, establishment, or vehicle; (d) obtain samples necessary for the enforcement of this chapter if the department: (i) pays the posted price for the sample if requested to do so; and (ii) receives a signed receipt from the person from whom the sample is taken; and (e) have access to and copy all records of carriers in commerce showing: (i) the movement in commerce of food; (ii) the holding of food during or after movement in commerce; and (iii) the quantity, shipper, and consignee of food. (2) Evidence obtained under this section may not be used in a criminal prosecution of the person from whom the evidence was obtained. (3) A carrier is subject to the other provisions of this chapter by reason of the carrier's receipt, carriage, holding, or delivery of food in the usual course of business as a carrier. (4) After the inspection of a factory, warehouse, consulting laboratory, or other establishment and before leaving the premises, the authorized agent making the inspection shall give the owner, operator, or agent in charge a written report describing any conditions or practices observed by the agent during the inspection which, in the agent's judgment, indicate that a food in the establishment: (a) consists in whole or in part of a filthy, putrid, or decomposed substance; or (b) has been prepared, packed, or held under unsanitary conditions whereby the food may have become contaminated with filth or been rendered injurious to health. (5) A copy of the report required under Subsection (4) shall be sent promptly to the department. (6) If the authorized agent making the inspection of a factory, warehouse, or other establishment has obtained a sample in the course of the inspection, the agent shall give to the owner, operator, or agent in charge: (a) a receipt describing the samples obtained; and (b) if an analysis is made of the sample for the purpose of ascertaining whether the food consists in whole or in part of a filthy, putrid, or decomposed substance or is otherwise unfit for food, a copy of the results of the analysis.
Utah Code § 4-41a-204.1 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-204.1
§ 4-41a-204.1. Odor control recommendations.
Status: in_force

(1) As used in this section, "objectionable odor" means pollution of the ambient air beyond the property line of a facility consisting of an odor that, considering the odor's characteristics, intensity, frequency, and duration: (a) is, or can reasonably be expected to be, injurious to public health or welfare; or (b) unreasonably interferes with the enjoyment of life or the use of a person's property that is exposed to the odor. (2) (a) Before January 1, 2026, the department shall provide a report with recommendations to the Medical Cannabis Governance Structure Working Group created in Section 36-12-8.2 regarding objectionable odor control standards for cannabis production establishments. (b) The department shall: (i) work with a cannabis production establishment to monitor odor emitted by the cannabis production establishment; and (ii) consult with each county and municipality that currently has a cannabis production establishment sited within the county or municipality's boundaries regarding potential standards for the maximum amounts of objectionable odors emitted by a cannabis production establishment. (c) A cannabis production establishment shall provide information related to the cannabis production establishment's odor emissions to the department upon request. (d) The report shall include an analysis regarding: (i) potential standards for measurement of objectionable odors related to cannabis production and distinct levels of odor tolerability; (ii) the feasibility of setting a universal odor control standard; (iii) the feasibility of enforcing odor control standards; (iv) cost incurred by a cannabis production establishment to comply with potential odor control standards; (v) interests of other businesses and community members affected by objectionable odor; and (vi) other information the department deems relevant. (3) The department shall examine odor control regulation from other locales. (4) The department may collaborate with other state agencies when creating the recommendations.
Utah Code § 4-3-206 — Utah Code / Title 4 / Chapter 4-3 / § 4-3-206
§ 4-3-206. Testing and measuring milk -- Standards prescribed -- Milk quality work in accordance with rules.
Status: in_force

(1) Milk shall be tested and measured in accordance with: (a) the latest edition of "Association of Official Analytical Chemists"; (b) the latest edition of "Standard Methods for Examination of Dairy Products"; (c) other publications accepted by the department; or (d) methods prescribed by the department. (2) A processor or manufacturer shall perform quality work in accordance with the rules adopted by the department.
Utah Code § 4-7-202 — Utah Code / Title 4 / Chapter 4-7 / § 4-7-202
§ 4-7-202. Sale of livestock -- Prima facie evidence of fraud.
Status: in_force

The following constitutes prima facie evidence of fraud in the sale of livestock: (1) any sale of livestock at less than market price by a dealer to a person with whom the dealer has a financial interest; or (2) any sale out of which the dealer receives part of the sale price other than the agreed commission or other agreed charges.
Utah Code § 4-11-110 — Utah Code / Title 4 / Chapter 4-11 / § 4-11-110
§ 4-11-110. Enforcement -- Inspections authorized -- Warrants.
Status: in_force

(1) The department and all bee inspectors shall have access to all apiaries or places where bees, hives, and appliances are kept for the purpose of enforcing this chapter. (2) If admittance is refused, the department, or the bee inspector involved, may proceed immediately to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for the purpose of making an inspection.
Utah Code § 4-41a-1201 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-1201
§ 4-41a-1201. Medical cannabis home delivery designation.
Status: in_force

(1) The department may designate a medical cannabis pharmacy as a home delivery medical cannabis pharmacy if the department determines that the medical cannabis pharmacy's operating plan demonstrates the functional and technical ability to: (a) safely conduct transactions for medical cannabis shipments; and (b) accept electronic medical cannabis orders. (2) An applicant seeking a designation as a home delivery medical cannabis pharmacy shall identify in the applicant's operating plan any information relevant to the department's evaluation described in Subsection (1), including: (a) the name and contact information of the payment provider; (b) the nature of the relationship between the prospective licensee and the payment provider; (c) the processes followed to safely and reliably conduct transactions for medical cannabis shipments. (d) the ability of the licensee to comply with the department's rules regarding the secure transportation and delivery of medical cannabis to a medical cannabis cardholder. (3) Notwithstanding any county or municipal ordinance, a medical cannabis pharmacy that the department designates as a home delivery medical cannabis pharmacy may deliver medical cannabis shipments in accordance with this part.
Utah Code § 4-37-601 — Utah Code / Title 4 / Chapter 4-37 / § 4-37-601
§ 4-37-601. Enforcement and penalties.
Status: in_force

(1) Any violation of this chapter is a class B misdemeanor and may be grounds for revocation of the license or denial of any future license as determined by the department. (2) A violation of any rule made under this chapter may be grounds for revocation of the license or denial for future license as determined by the department.
Utah Code § 4-24-205 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-205
§ 4-24-205. Livestock on open range or outside enclosure to be branded -- Cattle upon transfer of ownership to be branded -- Exceptions.
Status: in_force

(1) (a) Subject to Subsections (1)(b) and (c), livestock may not forage upon an open range in this state or outside an enclosure unless the livestock bears a brand recorded in accordance with this chapter. (b) Swine, goats, and unweaned calves or colts are not required to bear a brand to forage upon open range or outside an enclosure. (c) Domesticated elk may not forage upon open range or outside an enclosure under any circumstances as provided in Chapter 39, Domesticated Elk Act. (2) (a) Except as provided in Subsections (2)(b) and (2)(c), cattle, upon sale or other transfer of ownership, shall be branded with the recorded brand of the new owner within 30 days after transfer of ownership. (b) Branding, upon change of ownership, is not required within the 30-day period for: (i) unweaned calves; (ii) registered or certified cattle; (iii) youth project calves, if the number transferred is less than five; or (iv) dairy cattle held on farms. (c) If the animal will be harvested within 60 days after the date of the sale or other transfer of ownership, no rebrand is required.
Utah Code § 4-18-303 — Utah Code / Title 4 / Chapter 4-18 / § 4-18-303
§ 4-18-303. Creates Utah Soil Health Program -- Program and purposes.
Status: in_force

(1) Under the commission there is created the Utah Soil Health Program. (2) The program shall: (a) encourage widespread adoption of soil health practices by producers; (b) promote environmental benefits; (c) advance the understanding of the environmental and economic benefits of soil health practices by producers, policymakers, consumers, and the general public; and (d) support scientific research. (3) The program may obtain the objectives described in Subsection (2) by: (a) providing incentives to implement soil health practices; (b) increasing the understanding of the benefit of soil health practices through education and outreach programs; (c) advancing scientific understanding of soil health as it relates to: (i) the existing conditions of Utah's agricultural soils, including current carbon storage and carbon storage potential; (ii) the on- and off-farm or ranch environmental benefits of soil health practices; and (iii) the on- and off-farm or ranch economic benefits of soil health practices; (d) evaluating currently available or developing new consistent soil health sampling and testing protocols appropriate for Utah's agricultural systems; and (e) facilitating multi-stakeholder collaboration to advance the understanding of the science of soil health and the implementation of soil health practices, including amongst the federal government and the federal government's agencies, agencies and political subdivisions of the state, academic or research institutions, non-governmental organizations, private entities, nonprofits, producers, or other parties. (4) The department shall provide support to the commission in implementing the program.
Utah Code § 4-1-102 — Utah Code / Title 4 / Chapter 4-1 / § 4-1-102
§ 4-1-102. Construction.
Status: in_force

This title shall be liberally construed and applied to promote and carry out its policies and purposes.
Utah Code § 4-35-104 — Utah Code / Title 4 / Chapter 4-35 / § 4-35-104
§ 4-35-104. Commissioner to declare emergency -- Powers of commissioner in emergency.
Status: in_force

(1) (a) The commissioner, with the consent of the governor, may declare that a plant pest emergency situation exists that jeopardizes property and resources, and designate the area or areas affected. (b) An area referred to in Subsection (1)(a) may include federal lands, after notification of the appropriate federal land manager. (2) The commissioner is authorized, subject to Section 4-35-105, to direct all emergency measures the commissioner considers necessary to alleviate the emergency condition. (3) The commissioner shall: (a) use equipment, supplies, facilities, personnel, and other available resources; (b) enter into contracts for the acquisition, rental, or hire of equipment, services, materials, and supplies; (c) accept assistance, services, and facilities offered by federal and local governmental units or private agencies; and (d) accept on behalf of the state the provisions and benefits of acts of Congress designated to provide assistance.
Utah Code § 4-11-105 — Utah Code / Title 4 / Chapter 4-11 / § 4-11-105
§ 4-11-105. County bee inspector -- Appointment -- Termination -- Compensation.
Status: in_force

(1) The county executive upon the petition of five or more persons who raise bees within the respective county shall, with the approval of the commissioner, appoint a qualified person to act as a bee inspector within the county. (2) A county bee inspector shall be employed at the pleasure of the county executive and the commissioner and is subject to termination of employment, with or without cause, at the instance of either. (3) Compensation for the county bee inspector shall be fixed by the county legislative body. (4) To be appointed a county bee inspector, a person shall demonstrate adequate training and knowledge related to this chapter, bee diseases, and pests. (5) A record concerning bee inspection shall be kept by the county executive or commissioner. (6) The county executive and the commissioner shall investigate a formal, written complaint against a county bee inspector.
Utah Code § 4-18-308 — Utah Code / Title 4 / Chapter 4-18 / § 4-18-308
§ 4-18-308. Reporting requirement.
Status: in_force

(1) Each year, before November 1, the department shall prepare and make available to the public a report on the department's official website that contains the following information: (a) an accounting of money received and spent for the program; (b) a description of activities undertaken, including the number and type of grant-funded projects and the educational and stakeholder engagement activities; and (c) a summary of the activities and recommendations of the Soil Health Advisory Committee. (2) The commissioner shall annually report to the Natural Resources, Agriculture, and Environment Interim Committee by no later than the November interim meeting of that committee. The report shall include the information described in Subsection (1).
Utah Code § 4-7-105 — Utah Code / Title 4 / Chapter 4-7 / § 4-7-105
§ 4-7-105. Exemptions.
Status: in_force

The surety and licensing requirements of this chapter do not apply to: (1) a livestock market that is bonded as required by laws of the United States and Title 4, Chapter 30, Livestock Markets; or (2) a cooperative incorporated under the laws of this state or another state, except as to the receipt of livestock from a nonmember producer.
Utah Code § 4-24-401 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-401
§ 4-24-401. Hides and pelts -- Bill of sale to accompany purchase -- Purchaser to maintain records -- Hides and records examination and inspection.
Status: in_force

(1) (a) A person who buys a hide or pelt shall secure a bill of sale from the seller. (b) The bill of sale shall be executed in duplicate with one copy being retained by the seller and the other by the buyer. (c) The bill of sale shall specify the number of hides or pelts sold and the brand borne by each hide or pelt. (2) (a) A hide buyer within this state shall maintain a record specifying the name and address of the seller, date of purchase, and the brands or other identification found on the hides and pelts purchased. (b) The hides and records of any hide buyer are subject to examination and inspection by the department at reasonable times and places.
Utah Code § 4-20-109 — Utah Code / Title 4 / Chapter 4-20 / § 4-20-109
§ 4-20-109. Promotion of multiple use of rangeland resources.
Status: in_force

(1) The department shall work cooperatively to promote efficient multiple-use management of the rangeland resources of the public lands administered by the federal Bureau of Land Management within the state to benefit the overall public interest. (2) The department may serve as an independent resource for mediating disputes concerning permit issues within the scope of Subsection (1).
Utah Code § 4-2-1002 — Utah Code / Title 4 / Chapter 4-2 / § 4-2-1002
§ 4-2-1002. Agritourism registry.
Status: in_force

(1) The department shall maintain a voluntary agritourism registry. (2) The purpose of the registry is to provide public notice of locations where individuals may participate in an agritourism activity. (3) The owner of an agricultural enterprise that provides an agritourism activity in Utah may voluntarily place the agritourism activity on the registry by providing the following information to the department: (a) the name and location of the agricultural enterprise; (b) a description of the agritourism activity; and (c) details relating to participation in the agritourism activity, including cost, hours of operation, and other relevant information. (4) The owner of an agricultural enterprise with an agritourism activity on the registry shall notify the department of any changes to the information described in Subsection (3). (5) The department: (a) shall post the information on the registry to the department's website in a location where the public may conveniently access the information; (b) may publicize the availability of the registry to the public; and (c) may not charge a fee to be listed on, or to use, the registry. (6) A registration under this section is in effect for five years, unless the owner requests removal at an earlier time.
Utah Code § 4-18-304 — Utah Code / Title 4 / Chapter 4-18 / § 4-18-304
§ 4-18-304. Program development.
Status: in_force

(1) In consultation with the Soil Health Advisory Committee created in Section 4-18-306 and in accordance with Subsection 4-18-305(1)(e), the commission may establish the following programs: (a) a grant program for eligible entities to engage in soil health activities including implementation, research, education, or demonstration projects; (b) a state soil health monitoring and inventory platform; or (c) other programs the commission considers appropriate or necessary. (2) In establishing a program in accordance with Subsection (1), the commission may prioritize the establishment of programs based on the needs of historically underserved producers, the availability of funds and staffing, emerging areas of scientific inquiry and research, environmental benefits, or other considerations. (3) A program established pursuant to this section shall be voluntary and incentive-based and may not: (a) require participation by an eligible entity; (b) mandate the implementation of soil health practices by non-participating entities; or (c) bind participants to execute specific practice standards in adverse climate conditions or circumstances with limited or no chance of success or that would cause irreparable physical or economic harm to the producer's operation physically or economically. (4) In addition to Section 4-18-307: (a) the commission, grantees, partners, or other program participants may not disclose, sell, or otherwise provide information that could be used to identify the agricultural operations or practices of program participants without express permission provided in writing; and (b) in determining whether information may be released, the private interests of a participant are presumed to outweigh the public interest in disclosure. (5) The commission shall act as the policy board to set guidelines by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the administration of programs developed under Section 4-18-305. The Soil Health Advisory Committee serves as an advisory committee to the commission.
Utah Code § 4-2-108 — Utah Code / Title 4 / Chapter 4-2 / § 4-2-108
§ 4-2-108. Agricultural Advisory Board created -- Composition -- Responsibility -- Terms of office -- Compensation -- Executive committee.
Status: in_force

(1) There is created the Agricultural Advisory Board composed of the following 21 members: (a) the dean of the S.J. and Jessie E. Quinney College of Agriculture and Natural Resources at Utah State University; and (b) the following appointed by the commissioner: (i) two representatives of associations representing interests of farmers, selected from a list of nominees submitted by at least two associations representing farmers; (ii) one representative of an association representing cattlemen, selected from a list of nominees submitted by at least one association representing cattlemen; (iii) one representative of an association representing wool growers, selected from a list of nominees submitted by at least one association representing wool growers; (iv) one representative of an association representing dairies, selected from a list of nominees submitted by at least one association representing dairies; (v) one representative of an association representing pork producers, selected from a list of nominees submitted by at least one association representing pork producers; (vi) one representative of egg and poultry producers; (vii) one representative of an association representing veterinarians, selected from a list of nominees submitted by at least one association representing veterinarians; (viii) one representative of an association representing livestock auctions, selected from a list of nominees submitted by at least one association representing livestock auctions; (ix) one representative of an association representing conservation districts, selected from a list of nominees submitted by at least one association representing conservation districts; (x) one representative of the Utah horse industry; (xi) one representative of the food processing industry; (xii) one representative of the fruit and vegetable industry; (xiii) one representative of the turkey industry; (xiv) one representative of manufacturers of food supplements; (xv) one representative of a consumer affairs group; (xvi) one representative of urban and small farmers; (xvii) one representative of an association representing elk breeders, selected from a list of nominees submitted by at least one association representing elk breeders; (xviii) one representative of an association representing beekeepers, selected from a list of nominees submitted by at least one association representing beekeepers; and (xix) one representative of fur breeders, selected from a list of nominees submitted by at least one association representing fur breeders. (2) The Agricultural Advisory Board shall: (a) advise the commissioner regarding: (i) the planning, implementation, and administration of the department's programs; and (ii) the establishment of standards governing the care of livestock and poultry, including consideration of: (A) food safety; (B) local availability and affordability of food; and (C) acceptable practices for livestock and farm management; and (b) adopt best management practices for sheep, swine, cattle, and poultry industries in the state. (3) The Agricultural Advisory Board may adopt best management practices for domesticated elk, mink, apiaries, and other agricultural industries in the state. (4) For purposes of this section, "best management practices" means practices used by 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; and (c) promote the financial viability of agricultural production. (5) (a) Except as required by Subsection (1)(a) or (5)(b), members of the Agricultural Advisory Board are appointed by the commissioner to four-year terms of office. (b) Notwithstanding the requirements of Subsection (5)(a), the commissioner shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years. (c) A member may be removed at the discretion of the commissioner upon the request of the group the member represents. (d) When a vacancy occurs in the membership for any reason, the commissioner shall appoint a replacement for the unexpired term. (6) The Agricultural Advisory Board shall elect one member to serve as chair of the Agricultural Advisory Board for a term of one year. (7) (a) The Agricultural Advisory Board shall meet twice a year, but may meet more often at the discretion of the chair. (b) Attendance of 11 members at a duly called meeting of the Agricultural Advisory Board constitutes a quorum for the transaction of official business. (8) A member of the Agricultural Advisory Board may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. (9) (a) There is created an executive committee of the Agricultural Advisory Board consisting of the following seven members selected from members of the Agricultural Advisory Board: (i) the two representatives appointed under Subsection (1)(b)(i); (ii) the representative appointed under Subsection (1)(b)(ix); and (iii) four members selected from the Agricultural Advisory Board as follows: (A) for the initial members of the executive committee, by the commissioner; and (B) after the initial members of the executive committee are selected, by the executive committee. (b) (i) A member of the executive committee shall serve a term of four years on the executive committee. (ii) A member of the executive committee may serve for more than one term on the executive committee. (iii) When a vacancy occurs in the membership of the executive committee for any reason, the replacement shall be selected in the same manner as under Subsection (9)(a) and for the unexpired term. (c) Four members of the executive committee constitute a quorum and an action of the majority present when a quorum is present is action by the executive committee. (d) The executive committee shall annually select a chair of the executive committee. (e) The executive committee shall meet at least quarterly, except that the chair of the executive committee may call the executive committee for additional meetings. (f) The executive committee shall: (i) recommend to the department fees to be imposed under this title; (ii) accept public comment received under this title; and (iii) carry out the responsibilities assigned to the executive committee by statute.
Utah Code § 4-1-104 — Utah Code / Title 4 / Chapter 4-1 / § 4-1-104
§ 4-1-104. Procedures -- Adjudicative proceedings.
Status: in_force

The Department of Agriculture and Food and the department's divisions shall comply with Title 63G, Chapter 4, Administrative Procedures Act, in their adjudicative proceedings.
Utah Code § 4-39-205 — Utah Code / Title 4 / Chapter 4-39 / § 4-39-205
§ 4-39-205. License renewal.
Status: in_force

(1) To renew a license, the licensee shall submit to the department the following: (a) renewal fee; (b) paperwork showing that the: (i) domesticated elk, on the domesticated elk facility, have been inspected and certified by the department for health and proof of ownership for all elk imported into the state; and (ii) facility has been properly maintained, as provided in this chapter, during the immediately preceding 60-day period; and (c) record of each purchase of domesticated elk and transfer of domesticated elk into the facility, which shall include the following information: (i) name and address of the source; (ii) date of transaction; and (iii) number and sex. (2) (a) If the renewal fee and paperwork are not received on or before April 30, the department shall charge a late fee. (b) A license may not be renewed until the renewal fee and any late fee is paid. (3) If the application and fee for renewal are not received on or before June 30, the license may not be renewed, and a new license shall be required.
Utah Code § 4-22-102 — Utah Code / Title 4 / Chapter 4-22 / § 4-22-102
§ 4-22-102. Definitions.
Status: in_force

As used in this chapter: (1) "Commission" means the Utah Dairy Commission. (2) "Dealer" means any person who buys and processes raw milk or milk fat, or who acts as agent in the sale or purchase of raw milk or milk fat, or who acts as a broker or factor with respect to raw milk or milk fat or any product derived from either. (3) "Producer" means a person who produces milk or milk fat from cows and who sells it for human or animal consumption, or for medicinal or industrial uses. (4) "Producer-handler" means any producer who processes raw milk or milk fat.
Utah Code § 4-9-102 — Utah Code / Title 4 / Chapter 4-9 / § 4-9-102
§ 4-9-102. Definitions.
Status: in_force

As used in this chapter: (1) "Correct" means conformance to applicable requirements of this chapter. (2) "Package" means a commodity put up or packaged before sale in either wholesale or retail saleunits. (3) "Primary standards" means the physical standards of the state, described in Section 4-9-105, which are the legal reference from which all other standards and weights and measures are derived. (4) "Sale from bulk" means the sale of commodities, when the quantity is determined at the time of sale. (5) "Secondary standards" means a physical standard which is traceable to primary standards through comparisons, using acceptable laboratory procedures. (6) "Weighing and measuring" means the use of weights and measures. (7) "Weight" means net weight, unless the label declares that the product is sold by drained weight, in which case "weight" means net drained weight. (8) "Weights and measures" means the instruments or devices used for weighing or measuring, including an appliance or accessory associated with the instrument or device. (9) "Weights and measures registration" means the issuance of a certificate by the commissioner to a weights and measures user. (10) "Weights and measures user" means a person who uses weights and measures in trade or commerce.
Utah Code § 4-20-107 — Utah Code / Title 4 / Chapter 4-20 / § 4-20-107
§ 4-20-107. Audit of grazing districts -- State auditor to coordinate with Department of Interior in conduct of audit.
Status: in_force

The state auditor is authorized to coordinate with the Department of Interior in auditing the books of the several advisory boards.
Utah Code § 4-31-111 — Utah Code / Title 4 / Chapter 4-31 / § 4-31-111
§ 4-31-111. Imported animals -- Health certificate.
Status: in_force

Except as provided by rule made by the department, a person may not import an animal into this state unless the animal is accompanied by a health certificate that: (1) meets the requirements of department rules; and (2) is issued by a federally accredited veterinarian.
Utah Code § 4-15-106 — Utah Code / Title 4 / Chapter 4-15 / § 4-15-106
§ 4-15-106. License -- Application -- Fees -- Expiration -- Renewal.
Status: in_force

(1) (a) Application for a license to operate a nursery or nursery outlet or to solicit or receive orders of nursery stock for a person regularly engaged in the business of operating a nursery or nursery outlet shall be made to the department on forms prescribed and furnished by the department. (b) Upon receipt of a proper application and compliance with applicable rules, and payment of a license fee determined by the department according to Subsection 4-2-103(2) for each place of business where the applicant intends to offer nursery stock for wholesale or retail sale, or the payment of a fee determined by the department pursuant to Subsection 4-2-103(2) in the case of an agent, the commissioner, if satisfied the convenience and necessity of the industry and the public will be served, shall issue a license to engage in the otherwise proscribed activity through December 31 of the year in which the license is issued, subject to suspension or revocation for cause. (2) A license to operate a nursery or nursery outlet or an agent's license is renewable on or before December 31 of each year for a period of one year upon the payment of an annual license renewal fee determined by the department according to Subsection 4-2-103(2).
Utah Code § 4-20-104 — Utah Code / Title 4 / Chapter 4-20 / § 4-20-104
§ 4-20-104. Regional grazing advisory boards -- Duties.
Status: in_force

(1) The commissioner shall appoint members to a regional board for each grazing district from nominations submitted by: (a) the Utah Cattlemen's Association; (b) the Utah Woolgrowers Association; (c) the Utah Farm Bureau Federation; and (d) a conservation district, if the conservation district's boundaries include some portion of the grazing district. (2) Regional boards: (a) shall provide advice and recommendations to the state board; and (b) may receive money from the Rangeland Improvement Account created in Section 4-20-105. (3) If a regional board receives money as authorized by Subsection (2)(b), the regional board shall elect a treasurer to expend the money: (a) as directed by the regional board; and (b) in accordance with Section 4-20-106.
Utah Code § 4-2-901 — Utah Code / Title 4 / Chapter 4-2 / § 4-2-901
§ 4-2-901. Definitions.
Status: in_force

As used in this part: (1) "Animal shelter" means the same as that term is defined in Section 11-46-102. (2) "Education loan" means a loan received for education at a domestic or foreign institution of higher education, including a school or college of veterinary medicine. (3) "Education loan balance" includes charges for paying off the balance of the loan. (4) "Indian country" means the same as that term is defined in 18 U.S.C. Sec. 1151. (5) "Livestock" means the same as that term is defined in Section 4-1-109. (6) "Loan" means a loan that is made directly by, insured by, or guaranteed under a government program of: (a) a state; (b) the United States; or (c) a foreign government. (7) "Maximum payment value" means the lesser of: (a) the sum of a qualified veterinarian's education loan balances; or (b) $20,000. (8) "Program" means the Veterinarian Education Loan Repayment Program created in Section 4-2-902. (9) "Qualified veterinarian" means a veterinarian who has practiced, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as a veterinarian: (a) in an area of the state that is Indian country; (b) in an animal shelter within the state operated by: (i) a county; (ii) a municipality; or (iii) an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; (c) in any area of the state as an employee of the department; (d) in any combination of the areas described in Subsections (9)(a) through (c); or (e) with a practice that includes: (i) at least 30% livestock medicine; or (ii) at least 20% livestock medicine if the veterinarian practices at least 10% in any combination of the areas described in Subsection (9)(a) through (c). (10) "Veterinarian" means an individual licensed under Title 58, Chapter 28, Veterinary Practice Act.
Utah Code § 4-24-402 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-402
§ 4-24-402. Livestock markets -- Records to be maintained -- Retention of records -- Schedule of fees and charges to be posted.
Status: in_force

(1) An owner or operator of a livestock market shall keep a record of: (a) the date a consignment of livestock is received for sale together with the number of each type of livestock within the consignment; (b) the name and address of the buyer; (c) the date of sale and the number and species of livestock purchased by the buyer; and (d) the description and brand appearing on each animal at the time of sale to the buyer. (2) An owner or operator of a livestock market shall retain the records mandated by this section for a period of two years from the date on which the livestock market sold the livestock. (3) A schedule of the fees and commission rates charged by the livestock market shall be posted in a conspicuous place on the premises of each market. (4) A statement of the gross sales price, commission, and other fees charged for the sale of a consignment shall be available for inspection by the department, and a copy furnished the owner or consignor of the livestock.
Utah Code § 4-33-109 — Utah Code / Title 4 / Chapter 4-33 / § 4-33-109
§ 4-33-109. Warrant to enter premises for inspection or sampling.
Status: in_force

If admittance is refused to the department either for sampling or for inspection of transport invoices or bills of lading, the department may obtain an ex parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for the purpose of inspection or taking samples or to examine transport documents.
Utah Code § 4-5a-102 — Utah Code / Title 4 / Chapter 4-5a / § 4-5a-102
§ 4-5a-102. Definitions.
Status: in_force

For purposes of this chapter: (1) (a) "Commercial establishment" means a wholesale or retail business that displays, sells, manufactures, processes, packs, holds, or stores food, drugs, devices, or cosmetics. (b) "Commercial establishment" does not include a: (i) direct-to-sale location; or (ii) direct-to-sale farmers market. (2) "Designated representative" means a person contracted by a producer to distribute, sell, deliver, hold, store, or offer for sale the producer's homemade food product. (3) "Direct-to-sale farmers market" means a public or private facility or area where producers gather on a regular basis to sell directly to an informed final consumer fresh food, locally grown products, and other food items that have not been certified, licensed, regulated, or inspected by state or local authorities. (4) "Direct-to-sale location" means a farm, ranch, direct-to-sale farmers market, home, office, or any location agreed upon by both a producer or a producer's designated representative and the informed final consumer where a producer or group of producers sells a food or food product to an informed final consumer. (5) "Home consumption" means the use or ingestion of homemade food or a homemade food product within a private home by a family member, an employee, or a nonpaying guest. (6) "Homemade food product" means a food product that is prepared in a private home kitchen that can be used, or prepared for use, as food or nonalcoholic drink, subject to the limitation described in Subsection 4-5a-105(1). (7) "Informed final consumer" means an individual who: (a) purchases the product directly from the producer or the producer's designated representative; (b) does not resell the product; and (c) has been informed that the product is not certified, licensed, regulated, or inspected by the state. (8) "Minor-operated business" means a business that is operated by an individual who is: (a) under 18 years old; and (b) not regularly engaged in selling items. (9) "Minor producer" means a producer that is: (a) an individual; and (b) under 18 years old. (10) "Producer" means a person who harvests or produces homemade food or a homemade food product.
Utah Code § 4-9-104 — Utah Code / Title 4 / Chapter 4-9 / § 4-9-104
§ 4-9-104. Weights and measures -- Systems used -- Basic units, tables, and equivalents as published by National Institute of Standards and Technology.
Status: in_force

(1) The department shall use: (a) the same system of weights and measures that is customarily used in the United States; and (b) the metric system of weights and measures. (2) Either system under Subsection (1) may be used for commercial purposes in the state. (3) The definitions of basic units of weight and measure, the tables of weight and measure, and the weights and measures equivalents published by the National Institute of Standards and Technology shall determine the weights and measures systems used within the state.
Utah Code § 4-35-105 — Utah Code / Title 4 / Chapter 4-35 / § 4-35-105
§ 4-35-105. Commissioner to act upon declaration of a plant pest emergency.
Status: in_force

(1) The commissioner initiates operations to control a plant pest in the designated area or upon declaration of an infestation emergency. (2) The commissioner may suspend or terminate control operations upon a determination that the operations will not significantly reduce the plant pest population in the designated emergency area.
Utah Code § 4-39-103 — Utah Code / Title 4 / Chapter 4-39 / § 4-39-103
§ 4-39-103. Department's responsibilities.
Status: in_force

The department is responsible for enforcing laws and rules relating to: (1) the importation, possession, or transportation of domesticated elk into the state or within the state; (2) the inspection of domesticated elk facilities; (3) preventing the outbreak and controlling the spread of disease-causing pathogens among domesticated elk in domesticated elk facilities; (4) preventing the spread of disease-causing pathogens from domesticated elk to wildlife, other animals, or humans; and (5) if necessary, quarantining any domesticated elk pursuant to Chapter 31, Control of Animal Disease.
Utah Code § 4-2-402 — Utah Code / Title 4 / Chapter 4-2 / § 4-2-402
§ 4-2-402. State veterinarian responsibilities.
Status: in_force

(1) The state veterinarian shall: (a) coordinate the department's responsibilities for: (i) the promotion of animal health; and (ii) the diagnosis, surveillance, and prevention of animal disease; (b) aid the meat inspection manager, whose duties are specified by the commissioner, in the direction of the inspection of meat and poultry; and (c) perform other official duties assigned by the commissioner. (2) The state veterinarian shall be a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act.
Utah Code § 4-24-104 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-104
§ 4-24-104. Livestock Brand Board created -- Composition -- Terms -- Removal -- Quorum for transaction of business -- Compensation -- Duties.
Status: in_force

7/1/2035 (1) There is created the Livestock Brand Board consisting of seven members appointed by the governor as follows: (a) one feeder operator recommended by the Utah Cattlemen's Association; (b) three cattle ranchers, one from each of the state's brand districts; (c) one dairyman recommended by the Utah Dairymen's Association; (d) one livestock market operator recommended jointly by the Utah Cattlemen's Association and the Utah Dairymen's Association; and (e) one horse breeder recommended by the Utah Horse Council. (2) If a nominee is rejected by the governor, the recommending association shall submit another nominee. (3) (a) Except as required by Subsection (3)(b), as terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term. (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years. (4) (a) A member may, at the discretion of the governor, be removed at the request of the association that recommended the appointment. (b) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term. (5) (a) One member elected by the board shall serve as chair for a term of one year and be responsible for the call and conduct of meetings of the Livestock Brand Board. (b) Attendance of a simple majority of the members at a duly called meeting shall constitute a quorum for the transaction of official business. (6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. (7) The Livestock Brand Board with the cooperation of the department shall direct the procedures and policies to be followed in administering and enforcing this chapter.
Utah Code § 4-41a-1206 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-1206
§ 4-41a-1206. Closed-door medical cannabis pharmacy.
Status: in_force

(1) (a) Subject to Subsections (1)(b) and (c), a home delivery medical cannabis pharmacy may open a single closed-door medical cannabis pharmacy. (b) A home delivery medical cannabis pharmacy may not open a closed-door medical cannabis pharmacy unless the home delivery medical cannabis pharmacy: (i) has an operating plan that includes a closed-door medical cannabis pharmacy; and (ii) obtains a license issued by the department for a closed-door medical cannabis pharmacy. (c) An entity that owns multiple home delivery medical cannabis pharmacies may open only one closed-door medical cannabis pharmacy. (d) The department may institute a fee in accordance with Section 63J-1-504 to administer this section. (2) A home delivery medical cannabis pharmacy that opens a closed-door medical cannabis pharmacy under Subsection (1) shall ensure: (a) that a pharmacy medical provider who is a licensed pharmacist: (i) is directly supervising the packaging of an order; and (ii) is present in the closed-door medical cannabis pharmacy when an order is packaged for delivery; and (b) all record keeping requirements, labeling requirements, and patient counseling requirements described in this chapter and Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, are satisfied before sending out an order. (3) An individual who prepares an order at a closed-door medical cannabis pharmacy under this section shall be registered as: (a) a pharmacy medical provider; or (b) a medical cannabis pharmacy agent. (4) (a) A closed-door medical cannabis pharmacy shall operate: (i) except as provided in Subsection (4)(b), in a facility that is accessible only by an individual who is a pharmacy medical provider or a medical cannabis pharmacy agent; and (ii) at a physical address in accordance with Subsection (6). (b) A closed-door medical cannabis pharmacy may authorize an individual who is at least 18 years old and is not a pharmacy medical provider or a cannabis pharmacy agent to access the closed-door medical cannabis pharmacy if the closed-door medical cannabis pharmacy: (i) tracks and monitors the individual at all times while the individual is at the closed-door medical cannabis pharmacy; and (ii) maintains a record of the individual's access, including arrival and departure. (c) A closed-door medical cannabis pharmacy shall operate in a facility that has: (i) a single, secure public entrance; and (ii) a security system with a backup power source that: (A) detects and records entry into the closed-door medical cannabis pharmacy; (B) provides notice of an unauthorized entry to law enforcement when the closed-door medical cannabis pharmacy is closed; and (C) a lock or equivalent restrictive security feature on any area where the closed-door medical cannabis pharmacy stores a cannabis product. (d) A closed-door medical cannabis pharmacy shall ensure that any cannabis or cannabis products in the closed-door medical cannabis pharmacy that are intended for home delivery are separated in a manner that is readily distinguishable from any other cannabis or cannabis product in the facility. (5) A closed-door medical cannabis pharmacy may only provide cannabis or a cannabis product to an individual through a delivery that complies with this part. (6) (a) A person may not locate a closed-door medical cannabis pharmacy: (i) within 1,000 feet of a community location; or (ii) in or within 600 feet of a district that the relevant municipality or county has zoned as primarily residential. (b) The proximity requirements described in Subsection (6)(a) shall be measured from the nearest entrance to the closed-door medical cannabis pharmacy by following the shortest route of ordinary pedestrian travel to the property boundary of the community location or residential area. (c) The licensing board may grant a waiver to reduce the proximity requirements in Subsection (6)(a) by up to 20% if the licensing board determines that it is not reasonably feasible for the applicant to site the proposed closed-door medical cannabis pharmacy without the waiver. (d) An applicant for a license under this section shall provide evidence of compliance with the proximity requirements described in Subsection (6)(a). (7) When determining where a closed-door medical cannabis pharmacy may open, the licensing board: (a) shall utilize geographic regions created by the department through rule; (b) shall prioritize allowing entities that do not have a medical cannabis pharmacy in a region to open a closed-door medical cannabis pharmacy in the region; (c) of the total amount of closed-door medical cannabis pharmacies, may allow only three closed-door medical cannabis pharmacies to operate in counties of the first and second class as described in Section 17-60-104; and (d) for determining the three closed-door medical cannabis pharmacies described in Subsection (7)(c), consider the following: (i) the history of compliance with state law and rules for all licenses issued under this chapter; (ii) the medical cannabis pharmacy's willingness to offer a variety of brands and products; (iii) the ability of the operating plan to ensure the safety and security of the community; (iv) the suitability of the proposed location and the location's ability to serve the local community; and (v) any other relevant information determined through rule. (8) A closed-door medical cannabis pharmacy may not account for more than: (a) for an entity that holds a single medical cannabis pharmacy license, the greater of: (i) 35% of the medical cannabis pharmacy's total revenue; or (ii) $2,000,000 in total revenue; or (b) for an entity that holds more than one medical cannabis pharmacy license, the greater of: (i) 35% of the total revenue of the entity's medical cannabis pharmacy that generates the most revenue; or (ii) $2,000,000 in total revenue. (9) Notwithstanding any other provision of this section, the licensing board may issue only one closed-door medical cannabis pharmacy license before July 1, 2027. (10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to implement this section.
Utah Code § 4-32-112 — Utah Code / Title 4 / Chapter 4-32 / § 4-32-112
§ 4-32-112. Judicial review of orders enforcing chapter.
Status: in_force

(1) Any party aggrieved by an order issued under Subsection 4-32-109(4) or under Subsection 4-32-110(1), (2), or (3) may obtain judicial review. (2) All proceedings for the enforcement of this chapter, or to restrain violations of this chapter, shall be by and in the name of this state.
Utah Code § 4-2-105 — Utah Code / Title 4 / Chapter 4-2 / § 4-2-105
§ 4-2-105. Organization of divisions within department.
Status: in_force

The commissioner shall organize the department into divisions, as necessary, for the efficient administration of the department's business.
Utah Code § 4-37-402 — Utah Code / Title 4 / Chapter 4-37 / § 4-37-402
§ 4-37-402. Documentation required to import aquatic animals.
Status: in_force

Any aquatic animals classified as controlled species by rules of the Wildlife Board that are imported into the state for use in aquaculture or fee fishing facilities shall be accompanied by documentation indicating the following: (1) the health approval number assigned by the department to the source facility; (2) common or scientific names of the imported animals; (3) name and address of the consignor and consignee; (4) origin of shipment; (5) final destination; (6) number or pounds shipped; (7) purpose for which shipped; (8) method of transportation; and (9) any other information required by the department.
Utah Code § 4-41a-203 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-203
§ 4-41a-203. Renewal.
Status: in_force

The department shall renew a license issued under Section 4-41a-201 every year if: (1) the licensee meets the requirements of Section 4-41a-201 at the time of renewal; (2) the board does not identify: (a) a significant failure of compliance with this chapter or department rules in the review described in Section 4-41a-201.1; or (b) grounds for revocation described in Subsections 4-41a-201(9)(b) through (g); (3) the licensee pays the department a license renewal fee in an amount that, subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504; and (4) if the cannabis production establishment changes the operating plan described in Section 4-41a-204 that the department or licensing board approved under Subsection 4-41a-201(2)(b)(iii), the department approves the new operating plan.
Utah Code § 4-12-103 — Utah Code / Title 4 / Chapter 4-12 / § 4-12-103
§ 4-12-103. Department authorized to make and enforce rules -- Cooperation with state and federal agencies authorized.
Status: in_force

(1) 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 and may cooperate with, or enter into agreements with, other agencies of this state, other states, and agencies of the United States in the administration and enforcement of this chapter. (2) The department shall by rule adopt the following, unless the department determines that they are inconsistent with the provisions of this chapter or are not appropriate to conditions that exist in this state: (a) the Official Definitions of Feed Ingredients and Official Feed Terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization; and (b) any federal regulation made pursuant to the authority of the Federal Food, Drug, and Cosmetic Act, U.S.C. Sec. 301 et seq., unless the department does not have the authority under this chapter to make a corresponding rule.
Utah Code § 4-34-102 — Utah Code / Title 4 / Chapter 4-34 / § 4-34-102
§ 4-34-102. Definitions.
Status: in_force

For purposes of this chapter: (1) "Agricultural product" means a fowl, animal, fish, vegetable, or other product or article, fresh or processed, that is customary food, or that is proper food for human consumption. (2) "Glean" means to harvest, for free distribution, an agricultural crop that has been donated by the owner. (3) "Government food pantry" means the following when receiving, accepting, gleaning, or distributing food donated under this chapter, or a food pantry sponsored by one of the following that accepts, gleans, or distributes food donated under this chapter: (a) an association of political subdivisions created under Title 11, Chapter 13, Interlocal Cooperation Act; (b) a county; or (c) a municipality as defined in Section 10-1-104. (4) "Nonprofit charitable organization" means: (a) an organization that is organized and is operating for charitable purposes and that meets the requirements of the Internal Revenue Service of the U.S. Department of Treasury that exempt the organization from income taxation under the Internal Revenue Code; or (b) a government food pantry. (5) "Wild game" means the same as that term is defined in Section 4-32-105.
Utah Code § 4-11-104 — Utah Code / Title 4 / Chapter 4-11 / § 4-11-104
§ 4-11-104. Bee raising -- Registration required -- Application -- Fees -- Renewal -- License required -- Application -- Fees -- Renewal.
Status: in_force

(1) A person may not raise bees in this state without being registered with the department. (2) Application for registration to raise bees shall be made to the department upon tangible or electronic forms prescribed and furnished by the department, within 30 days after the person: (a) takes possession of the bees; or (b) moves the bees into the state. (3) Nothing in Subsection (2) limits the requirements of Section 4-11-111. (4) An application in accordance with this chapter shall specify: (a) the name and address of the applicant; (b) the number of bee colonies owned by the applicant at the time of the application that will be present in the state for a period exceeding 30 days; and (c) any other relevant information the department considers appropriate. (5) Upon receipt of a proper application and payment of an annual registration fee determined by the department pursuant to Subsection 4-2-103(2), the commissioner shall issue a registration to the applicant valid through December 31 of the year in which the registration is issued, subject to suspension or revocation for cause. (6) A bee registration is renewable for a period of one year upon the payment of an annual registration renewal fee as determined by the department pursuant to Subsection 4-2-103(2). (7) Registration shall be renewed on or before December 31 of each year.
Utah Code § 4-10-114 — Utah Code / Title 4 / Chapter 4-10 / § 4-10-114
§ 4-10-114. Use of reclaimed or recycled material.
Status: in_force

(1) A person may advertise an item filled with down, down and feather, or feather as "new" if it is manufactured using 100% reclaimed or recycled material, provided that the tag clearly discloses that the item is manufactured using 100% reclaimed or recycled material. (2) The department may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules governing the use of reclaimed or recycled material under this chapter.
Utah Code § 4-2-109 — Utah Code / Title 4 / Chapter 4-2 / § 4-2-109
§ 4-2-109. Temporary advisory committees -- Appointment -- Compensation.
Status: in_force

(1) The commissioner, with the permission of the governor, may appoint other advisory committees on a temporary basis to offer technical advice to the department. (2) A member of a committee serves at the pleasure of the commissioner. (3) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Utah Code § 4-37-109 — Utah Code / Title 4 / Chapter 4-37 / § 4-37-109
§ 4-37-109. Department to make rules.
Status: in_force

(1) The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (a) specifying procedures for the application and renewal of licenses for operating an aquaculture or fee fishing facility; and (b) governing the disposal or removal of aquatic animals from an aquaculture or fee fishing facility for which the license has lapsed or been revoked. (2) (a) The department may make other rules consistent with its responsibilities set forth in Section 4-37-104. (b) Except as provided by this chapter, the rules authorized by Subsection (2)(a) shall be consistent with the suggested procedures for the detection and identification of pathogens published by the American Fisheries Society's Fish Health Section.
Utah Code § 4-38-201 — Utah Code / Title 4 / Chapter 4-38 / § 4-38-201
§ 4-38-201. Licenses -- Fees -- Duties of licensees.
Status: in_force

(1) The commission may grant, or contract under Subsection 4-38-104(4) for the granting of a license, for participation in racing and other activities associated with a racetrack. (2) The commission shall establish a schedule of fees for the application for and renewal and reinstatement of licenses issued under this chapter. (3) A person holding a license under this chapter shall comply with this chapter and with the rules issued and the orders issued by the commission under this chapter. (4) A person who holds a recognized race meet or who participates directly or indirectly in a recognized race meet without being first licensed as required under this chapter and any person violating this chapter is subject to penalties under Section 4-2-304.
Utah Code § 4-12-106 — Utah Code / Title 4 / Chapter 4-12 / § 4-12-106
§ 4-12-106. Enforcement -- Inspection and samples authorized -- Methods for sampling and analysis prescribed -- Results to be forwarded to registrant or licensee -- Warrants.
Status: in_force

(1) In order to determine compliance with this chapter, the department: (a) shall periodically sample, inspect, analyze, and test commercial feeds distributed within this state; (b) may enter during normal business hours, within reasonable limits, and in a reasonable manner, any: (i) factory; (ii) warehouse; or (iii) establishment in which commercial feed is manufactured, processed, packed, or held for distribution; and (c) may enter any vehicle used to transport or hold commercial feed in order to inspect: (i) equipment; (ii) finished and unfinished materials; (iii) containers; (iv) records; and (v) labels. (2) The department's methods for sampling and for analyses of feed ingredients, mineral ingredients, or other ingredients, or for analyses of customer-formula feeds, shall be in accordance with methods published by the Association of Official Analytical Chemists or other generally recognized methods. (3) The official sample shall guide the department in determining whether a commercial feed is misbranded, adulterated, or otherwise deficient. (4) The department shall: (a) forward the results of all tests of official samples to the manufacturer, distributer, licensee, or registrant using the address specified on the container, label, or on the written statement or invoice; and (b) furnish to the manufacturer, distributer, licensee, or registrant part of any official sample that the department determines is misbranded or adulterated upon written request to the department by the manufacturer, distributer, licensee, or registrant within 30 days after receipt of the unsatisfactory test results. (5) If the department is refused admittance authorized by Subsections (1)(b) and (1)(c), the department may proceed immediately to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for the purpose of making inspections and obtaining samples.
Utah Code § 4-41a-111 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-111
§ 4-41a-111. Medical Cannabis Policy Advisory Board creation -- Membership -- Duties.
Status: in_force

(1) There is created within the department the Medical Cannabis Policy Advisory Board. (2) (a) The advisory board shall consist of the following members: (i) appointed by the commissioner of the Department of Agriculture and Food: (A) an individual who owns or operates a licensed cannabis cultivation facility, as defined in Section 4-41a-102; (B) an individual who owns or operates a licensed medical cannabis pharmacy; (C) a law enforcement officer; (D) a recommending medical provider who has recommended medical cannabis to at least 100 patients before being appointed; (E) a mental health specialist; (F) an individual who represents an organization that advocates for medical cannabis patients; (G) a member of the general public who holds a medical cannabis patient card; and (H) a member of the general public who does not hold a medical cannabis card; and (ii) a representative from the Center for Medical Cannabis Research created in Section 53H-4-206, appointed by the Center for Medical Cannabis Research. (b) The commissioner of the Department of Agriculture and Food shall ensure that at least one individual appointed under Subsection (2)(a)(i)(A) or (B) also owns or operates a licensed cannabis processing facility. (3) (a) Subject to Subsection (3)(b), a member of the advisory board shall serve for a four year term. (b) When appointing the initial membership of the advisory board, the executive director and the commissioner of the Department of Agriculture and Food shall coordinate to appoint four advisory board members to serve a term of two years to ensure that approximately half of the board is appointed every two years. (4) (a) If an advisory board member is no longer able to serve as a member, a new member shall be appointed in the same manner as the original appointment. (b) A member appointed in accordance with Subsection (4)(a) shall serve for the remainder of the unexpired term of the original appointment. (5) (a) A majority of the advisory board members constitutes a quorum. (b) The action of a majority of a quorum constitutes an action of the advisory board. (c) For a term lasting one year, the advisory board shall annually designate members of the advisory board to serve as chair and vice-chair. (d) When designating the chair and vice-chair, the advisory board shall ensure that at least one individual described in Subsections (2)(a)(i)(D) through (H) is appointed as chair or vice-chair. (6) An advisory board member may not receive compensation or benefits for the member's service on the advisory board but may receive per diem and reimbursement for travel expenses incurred as an advisory board member in accordance with: (a) Sections 63A-3-106 and 63A-3-107; and (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. (7) The licensing board shall: (a) provide staff support for the advisory board; and (b) assist the advisory board in conducting meetings. (8) The advisory board may recommend: (a) to the department changes to current or proposed medical cannabis rules or statutes; and (b) to the appropriate legislative committee whether the advisory board supports a change to medical cannabis statutes. (9) The advisory board shall: (a) review any draft rule that is authorized under Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, or this chapter; (b) consult with the department regarding the issuance of an additional: (i) cultivation facility license under Section 4-41a-205; or (ii) pharmacy license under Section 4-41a-1005; (c) consult with the department regarding cannabis patient education; (d) consult regarding the reasonableness of any fees set by the department that pertain to the medical cannabis program; and (e) consult regarding any issue pertaining to medical cannabis when asked by the department.
Utah Code § 4-15-114 — Utah Code / Title 4 / Chapter 4-15 / § 4-15-114
§ 4-15-114. Compliance agreements.
Status: in_force

The department may make compliance agreements with the responsible officials of other states and nursery establishments to achieve compliance with any set of requirements being enforced by the department.
Utah Code § 4-2-202 — Utah Code / Title 4 / Chapter 4-2 / § 4-2-202
§ 4-2-202. State chemist responsibilities.
Status: in_force

(1) The state chemist shall: (a) serve as the chief administrative officer of the Division of Laboratories; and (b) supervise and administer all analytical tests required to be performed under this title or under any rule adopted under this title. (2) The state chemist may perform analytical tests for other state agencies, federal agencies, units of local government, and private persons if: (a) the tests and analytical work do not interfere with, or impede, the work required by the department; and (b) a charge commensurate with the work involved is made and collected. (3) The state chemist shall perform any other official duties assigned by the commissioner.
Utah Code § 4-1-106 — Utah Code / Title 4 / Chapter 4-1 / § 4-1-106
§ 4-1-106. Suspension or revocation of license or registration -- Judicial review -- Attorney general to represent department.
Status: in_force

(1) If the department has reason to believe that a licensee or registrant is or has engaged in conduct that violates this title, the department shall issue and serve a notice of agency action. (2) The commissioner, or the hearing officer designated by the commissioner, may suspend or revoke a person's license or registration if the commissioner or hearing officer finds by a preponderance of the evidence that the person is engaging, or has engaged, in conduct that violates this title. (3) (a) Any person whose registration or license is suspended or revoked under this section may obtain judicial review. (b) Venue for judicial review of informal adjudicative proceedings is in the district court in the county where the alleged acts giving rise to the suspension or revocation occurred. (4) The attorney general shall represent the department in any original action or appeal commenced under this section.
Utah Code § 4-14-110 — Utah Code / Title 4 / Chapter 4-14 / § 4-14-110
§ 4-14-110. Defenses.
Status: in_force

As an affirmative defense to any action brought as a result of the alleged misuse or misapplication of a pesticide, a person may present evidence that as of the time of the alleged violation, the person was in compliance with label directions, this chapter, and any rules issued in accordance with this chapter.
Utah Code § 4-9-110 — Utah Code / Title 4 / Chapter 4-9 / § 4-9-110
§ 4-9-110. Department duties -- Seizure of incorrect weights and measures.
Status: in_force

(1) The department may: (a) establish weights and measures standards, specifications, and tolerances for: (i) all commodities; (ii) the fill for any commodity contained in a package; (iii) labels or labeling of a commodity; and (iv) weights and measures used commercially; (b) inspect and test weights and measures kept, offered, or exposed for sale to determine if they are correct; (c) inspect and test weights and measures commercially used to determine if they are correct; (d) test all weights and measures used to check the receipt or disbursement of supplies used by a state agency or institution funded by the state; (e) in accordance with sampling procedures recognized and designated in Handbook 133, Checking the Net Contents of Packaged Goods, National Institute of Standards and Technology, inspect and test any packaged commodity kept, offered, or exposed for sale, sold, or in the process of delivery, to determine if the package contains the amount represented; (f) determine the appropriate term or unit of weight or measure to be used for container sizes, if the department determines that an existing practice of declaring the quantity by weight, measure, count, or any combination of these practices, hinders value comparisons by consumers; (g) approve correct weights and measures and reject and mark as "rejected," weights and measures that are incorrect; (h) allow reasonable variations from a stated weight or measure caused by loss or gain due to: (i) moisture during the course of acceptable distribution practices; or (ii) unavoidable deviations in acceptable manufacturing practices; (i) grant an exemption from the requirements of this chapter or from any rule promulgated under this chapter, when the department determines that the exemption is necessary for the maintenance of acceptable commercial practices; (j) maintain on file, for public inspection, a copy of each handbook prepared by the National Institute of Standards and Technology that is used to enforce this chapter; and (k) establish and charge fees as authorized under Subsection 4-2-103(2) for the inspection of weights and measures. (2) The department may seize weights and measures that are: (a) incorrect and are not corrected within a reasonable time specified by the department; or (b) used or disposed of in a manner not authorized by the department.
Utah Code § 4-9-116 — Utah Code / Title 4 / Chapter 4-9 / § 4-9-116
§ 4-9-116. Unlawful acts specified.
Status: in_force

A person may not: (1) sell, offer, or present for sale a commodity whose weight and measure is less than the weight and measure represented as being sold, offered, or exposed for sale; (2) misrepresent the price of a commodity sold, advertised, exposed, or offered for sale by weight, measure, or count, or represent the price in a manner that misleads or deceives a person; (3) use or possess an incorrect weight or measure in commerce; (4) remove a tag, seal, or mark from a weight or measure without specific written authorization from the department; (5) hinder or obstruct an agent of the department dealing with weights and measures in the performance of the agent's duties; or (6) operate weights and measures in trade or commerce for the purpose of determining the weight or measure of a commodity without a valid weights and measures registration issued by the department.
Utah Code § 4-35-106 — Utah Code / Title 4 / Chapter 4-35 / § 4-35-106
§ 4-35-106. Plant Pest Fund.
Status: in_force

(1) There is created an expendable special revenue fund known as the "Plant Pest Fund." (2) The fund is funded from: (a) money the plant industry division within the department receives under this title; (b) the landowner's and lessee's share of costs, if required by rule made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (c) appropriations from the Legislature; (d) federal money deposited into the fund; and (e) the interest and earnings on the fund. (3) The department may only use money in the fund to fund survey, detection, eradication, or suppression efforts for plant pests with the exception designated in Subsection (4). (4) The department may annually use an amount not to exceed the lesser of the following for staff or administrative costs to carry out the department's duties under this chapter: (a) 10% of the fund annually; or (b) $300,000. (5) (a) The fund may not exceed $10,000,000 of money deposited under Subsections (2)(a), (c), and (e). (b) The Division of Finance shall transfer the money described in Subsection (5)(a) in excess of $10,000,000 at the end of a fiscal year into the General Fund. (6) Federal money deposited into the fund shall be accounted for separately. (7) Fund money may be used as matching funds for participation in programs of the United States Department of Agriculture for survey, detection, eradication, or suppression efforts of plant pests.
Utah Code § 4-45a-102 — Utah Code / Title 4 / Chapter 4-45a / § 4-45a-102
§ 4-45a-102. License.
Status: in_force

(1) A specialized product retailer may not sell a specialized product in the state unless the specialized product retailer obtains a license from the department. (2) The department shall charge the following fees to obtain a license under this chapter: (a) $2,500 for a retail tobacco specialty business; (b) $600 for any retailer that sells: (i) a cannabinoid product as defined in Section 4-41-102; (ii) a kratom product as defined in Section 4-45-102; or (iii) a product containing a substance: (A) not generally recognized as safe for use in a conventional food product under applicable federal food additive regulations; and (B) that is known or intended to have psychoactive, euphoric, analgesic, sedative, or intoxicating effects; and (c) $300 for a general tobacco retailer not described in Subsection (2)(b). (3) The term for a license under this section is one year. (4) The department may not issue a license to a person under this section unless the person provides proof that the person has obtained the applicable license, registration, or permit, required by law for each specialized product type that the person sells which may include: (a) a license for a retail tobacco specialty business described in Section 10-8-41.6 and Section 17-78-1004; (b) a valid permit for a tobacco retailer issued under Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products, by the local health department having jurisdiction over the area in which the tobacco retailer is located; and (c) each appropriate license from the State Tax Commission for each product the person will sell that requires a license from the State Tax Commission. (5) A person that operates a specialized product retailer without a current and valid license described in Subsection (1) is subject to a $50,000 civil fine. (6) A person that operates as a retail tobacco specialty business without the current and valid licenses required by law to be a retail tobacco specialty business is subject to a $50,000 civil fine. (7) The department shall deposit fees collected under this section into the Qualified Patient Enterprise Fund described in Section 26B-1-310.
Utah Code § 4-24-309 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-309
§ 4-24-309. Livestock emergency.
Status: in_force

(1) As used in this section, "livestock emergency" means: (a) the presence of a contagious, infectious, or transmissible disease risk to livestock; or (b) a natural disaster which may affect livestock. (2) During a livestock emergency, the department may require a person transporting livestock to present the livestock for brand inspection.
Utah Code § 4-31-107 — Utah Code / Title 4 / Chapter 4-31 / § 4-31-107
§ 4-31-107. Value determination before destruction.
Status: in_force

(1) Before any livestock or property that is not otherwise indemnified is destroyed under Section 4-31-106, the commissioner shall determine the value of the livestock or other property in consultation with the state veterinarian. (2) The commissioner shall make the value determination described in Subsection (1) based on available data from the United States Department of Agriculture or other reliable government sources. (3) After review, the commissioner shall forward the determined value and an appraisal described in Subsection (4), if any, to the board of examiners described in Subsection 63G-9-201(2) together with the commissioner's recommendation concerning the amount, if any, that should be reimbursed. (4) An owner of livestock or other property subject to destruction may pay for an independent appraisal of the value of the livestock or other property, which appraisal the board of examiners shall consider in the board of examiners' recommendation described in Subsection (3).
Utah Code § 4-2-304 — Utah Code / Title 4 / Chapter 4-2 / § 4-2-304
§ 4-2-304. Civil and criminal penalties -- Costs -- Civil liability.
Status: in_force

(1) (a) Except as otherwise provided by this title, any person, or the officer or employee of any person, who violates this title or any lawful notice or order issued pursuant to this title shall be assessed a penalty not to exceed $5,000 per violation in a civil proceeding, and is guilty of a class B misdemeanor in a criminal proceeding. (b) A subsequent criminal violation within two years is a class A misdemeanor. (2) Any person, or the officer or employee of any person, shall be liable for any expenses incurred by the department in abating any violation of this title. (3) A penalty assessment or criminal conviction under this title does not relieve the person assessed or convicted from civil liability for claims arising out of any act that was also a violation.
Utah Code § 4-22-104 — Utah Code / Title 4 / Chapter 4-22 / § 4-22-104
§ 4-22-104. Commission -- Organization -- Quorum to transact business -- Vacancies -- Ineligibility to serve -- Compensation.
Status: in_force

(1) The members of the commission shall elect a chair, vice chair, and secretary from the commission. (2) Attendance of a simple majority of the commission members at a called meeting shall constitute a quorum for the transaction of official business. (3) The commission shall meet: (a) at the time and place designated by the chair; and (b) no less often than once every three months. (4) Vacancies that occur on the commission for any reason shall be filled for the unexpired term of the vacated member by appointment of a majority of the remaining members. (5) If a member moves from the district that the member represents or ceases to act as a producer during the member's term of office, the member shall resign from the commission within 30 days after moving from the district or ceasing production. (6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Utah Code § 4-3-102 — Utah Code / Title 4 / Chapter 4-3 / § 4-3-102
§ 4-3-102. Definitions.
Status: in_force

As used in this chapter: (1) "Adulterated" means any dairy product that: (a) contains any poisonous or deleterious substance that may render it injurious to health; (b) has been produced, prepared, packaged, or held: (i) under unsanitary conditions; (ii) where it may have become contaminated; or (iii) where it may have become diseased or injurious to health; (c) contains any food additive that is unsafe within the meaning of 21 U.S.C. Sec. 348; (d) contains: (i) any filthy, putrid, or decomposed substance; (ii) fresh fluid milk with a lactic acid level at or above .0018; or (iii) cream with a lactic acid level at or above .008 or that is otherwise unfit for human food; (e) is the product of: (i) a diseased animal; (ii) an animal that died otherwise than by slaughter; or (iii) an animal fed upon uncooked offal; (f) has intentionally been subjected to radiation, unless the use of the radiation is in conformity with a rule or exemption promulgated by the department; or (g) (i) has any valuable constituent omitted or abstracted; (ii) has any substance substituted in whole or in part; (iii) has damage or inferiority concealed in any manner; or (iv) has any substance added, mixed, or packed with the product to: (A) increase its bulk or weight; (B) reduce its quality or strength; or (C) make it appear better or of greater value. (2) "Certificate" means a document allowing a person to market milk. (3) "Cow-share program" means a program in which a person acquires an undivided interest in a milk producing hoofed mammal through an agreement with a producer that includes: (a) a bill of sale for an interest in the mammal; (b) a boarding arrangement under which the person boards the mammal with the producer for the care and milking of the mammal and the boarding arrangement and bill of sale documents remain with the program operator; (c) an arrangement under which the person receives raw milk for personal use not to be sold or distributed in a retail environment or for profit; and (d) no more than two cows, 10 goats, and 10 sheep per farm in the program. (4) "Dairy product" means any product derived from raw or pasteurized milk. (5) "Distributor" means any person who distributes a dairy product. (6) (a) "Filled milk" means any milk, cream, or skimmed milk, whether condensed, evaporated, concentrated, powdered, dried, or desiccated, that has fat or oil other than milk fat added, blended, or compounded with it so that the resultant product is an imitation or semblance of milk, cream, or skimmed milk. (b) "Filled milk" does not include any distinctive proprietary food compound: (i) that is prepared and designated for feeding infants and young children, which is customarily used upon the order of a licensed physician; (ii) whose product name and label does not contain the word "milk"; and (iii) whose label conforms with the food labeling requirements. (7) "Frozen dairy products" mean dairy products normally served to the consumer in a frozen or semifrozen state. (8) "Grade A milk," "grade A milk products," and "milk" have the same meaning that is accorded the terms in the federal standards for grade A milk and grade A milk products unless modified by rules of the department. (9) "Manufacturer" means any person who processes milk in a way that changes the milk's character. (10) "Manufacturing milk" means milk used in the production of non-grade A dairy products. (11) "Misbranded" means: (a) any dairy product whose label is false or misleading in any particular, or whose label or package fails to conform to any federal regulation adopted by the department that pertains to packaging and labeling; (b) any dairy product in final packaged form manufactured in this state that does not bear: (i) the manufacturer's, packer's, or distributor's name, address, and plant number, if applicable; (ii) a clear statement of the product's common or usual name, quantity, and ingredients, if applicable; and (iii) any other information required by rule of the department; (c) any butter in consumer package form that is not at least B grade, or that does not meet the grade claimed on the package, measured by U.S.D.A. butter grade standards; (d) any imitation butter made in whole or in part from material other than wholesome milk or cream, except clearly labeled "margarine"; (e) renovated butter unless the words "renovated butter," in letters not less than 1/2-inch in height appear on each package, roll, square, or container of such butter; or (f) any dairy product in final packaged form that makes nutritional claims or adds or adjusts nutrients that are not so labeled. (12) "Pasteurization" means any process that renders dairy products practically free of disease organisms and is accepted by federal standards. (13) "Permit" means a document allowing a person or plant, as designated in the permit, to: (a) process, manufacture, supply, test, haul, or pasteurize milk or milk products; or (b) repair equipment used to conduct the activities described in Subsection (13)(a). (14) "Plant" means any facility where milk is processed or manufactured. (15) "Processor" means any person who subjects milk to a process. (16) "Producer" means a person who owns a cow or other milk producing hoofed mammal that produces milk for consumption by persons other than the producer's family, employees, or nonpaying guests. (17) "Raw milk" means unpasteurized milk. (18) "Renovated butter" means butter that is reduced to a liquid state by melting and drawing off such liquid or butter oil and churning or otherwise manipulating it in connection with milk or any product of milk. (19) "Retailer" means any person who sells or distributes dairy products directly to the consumer.
Utah Code § 4-39-102 — Utah Code / Title 4 / Chapter 4-39 / § 4-39-102
§ 4-39-102. Definitions.
Status: in_force

As used in this chapter: (1) (a) "Commingle" means maintaining animals in a manner in which physical contact among animals could occur. (b) "Commingle" includes maintaining animals in the same pasture or enclosure. (c) "Commingle" does not include holding animals: (i) at a sale; (ii) during transportation; (iii) during artificial insemination; or (iv) in other circumstances involving limited contact among animals for a short period of time. (2) "Domesticated elk" means elk of the genus and species cervus elaphus, held in captivity and domestically raised for commercial purposes. (3) (a) "Domesticated elk facility" means a facility where only domesticated elk are raised. (b) "Domesticated elk facility" includes an elk ranch. (4) "Domesticated elk product" means any carcass, part of a carcass, hide, meat, meat food product, antlers, or any part of a domesticated elk. (5) "Elk ranch" means a facility where domesticated elk are harvested through typical hunting methods. (6) "Suspect domesticated elk" means a domesticated elk for which: (a) the state veterinarian has determined that the following suggest that the domesticated elk may be infected with a disease spreading pathogen: (i) unofficial test results; (ii) laboratory evidence; or (iii) clinical signs; and (b) official laboratory results for a disease spreading pathogen: (i) are inconclusive; or (ii) have not been conducted.
Utah Code § 4-26-103 — Utah Code / Title 4 / Chapter 4-26 / § 4-26-103
§ 4-26-103. Definitions -- Qualified landowners' and qualified adjoining landowners' partition fences -- Contribution -- Civil action for damages.
Status: in_force

(1) As used in this section: (a) "Qualified adjoining landowner" means a private landowner whose land adjoins the land of a qualified landowner and is used for grazing livestock or as habitat for big game wildlife and: (i) is land which qualifies under the definition of "conservation easement" as defined in Section 57-18-2, under Title 57, Chapter 18, Land Conservation Easement Act; or (ii) is "land in agricultural use" that meets the requirements of Section 59-2-502. (b) "Qualified landowner" means a private landowner whose land is used for grazing livestock and: (i) is land which qualifies under the definition of "conservation easement" as defined in Section 57-18-2, under Title 57, Chapter 18, Land Conservation Easement Act; or (ii) is "land in agricultural use" that meets the requirements of Section 59-2-502. (2) A qualified landowner may require the qualified adjoining landowner to pay for one-half of the cost of the fence if: (a) the fence is or becomes a partition fence separating the qualified landowner's land from that belonging to the qualified adjoining landowner; (b) the cost is reasonable for that type of fence; (c) that type of fence is commonly found in that particular area; and (d) the construction of the fence is no more expensive than the cost for posts, wire, and connectors. (3) If the qualified adjoining landowner refuses, the qualified landowner may maintain a civil action against the qualified adjoining landowner for one-half of the cost of that portion of the fence. (4) The cost of the maintenance of the fence shall also be apportioned between each party based on the amount of land enclosed. A party who fails to maintain that party's part of the fence is also liable in a civil action for any damage sustained by the other party as a result of the failure to maintain the fence.
Utah Code § 4-41-103.3 — Utah Code / Title 4 / Chapter 4-41 / § 4-41-103.3
§ 4-41-103.3. Industrial hemp retailer permit.
Status: in_force

(1) Except as provided in Subsection (5), a retailer permittee of the department may market or sell a cannabinoid product or a viable industrial hemp seed. (2) A person seeking an industrial hemp retailer permit shall provide to the department: (a) the name of the person that is seeking to market or sell a cannabinoid product or a viable industrial hemp seed; (b) the address of each location where a cannabinoid product or a viable industrial hemp seed will be sold; and (c) written consent allowing a representative of the department to enter all premises where the person is selling a cannabinoid product or a viable industrial hemp seed for the purpose of: (i) conducting a physical inspection; or (ii) ensuring compliance with the requirements of this chapter. (3) An industrial hemp retailer permittee shall: (a) check the identification of any individual purchasing a cannabinoid product that contains THC or a THC analog to ensure the individual is at least 21 years old; and (b) dispose of waste and unused material related to a cannabinoid product in accordance with hazardous waste laws. (4) The department may set a fee in accordance with Subsection 4-2-103(2) for the application for an industrial hemp retailer permit. (5) Any marketing for a cannabinoid product or a viable industrial hemp seed shall include a notice to consumers that the product is hemp and is not cannabis or medical cannabis, as those terms are defined in Section 26B-4-201.
Utah Code § 4-3-603 — Utah Code / Title 4 / Chapter 4-3 / § 4-3-603
§ 4-3-603. Prohibited counts -- Pathogens.
Status: in_force

(1) (a) The bacterial count of raw milk or raw milk used to produce a raw milk product may not exceed 20,000 colony forming units per milliliter. (b) If the bacterial count of raw milk or the raw milk used to produce the raw milk product exceeds 40,000 colony forming units per milliliter or if the producer is implicated in a foodborne illness outbreak: (i) the department or third party certified by the department shall test the raw milk; and (ii) the raw milk may not contain a pathogen listed in Subsection (3). (2) (a) The coliform count of raw milk or raw milk used to produce a raw milk product may not exceed 10 colony forming units per milliliter. (b) If the coliform count of raw milk or the raw milk used to produce the raw milk product exceeds 20 colony forming units per milliliter or if the producer is implicated in a foodborne illness outbreak: (i) the department or third party certified by the department shall test the raw milk; and (ii) the raw milk may not contain a pathogen listed in Subsection (3). (3) The pathogens described in Subsections (1) and (2) are: (a) shiga toxin-producing e. coli; (b) listeria monocytogenes; (c) salmonella; and (d) campylobacter.
Utah Code § 4-47-202 — Utah Code / Title 4 / Chapter 4-47 / § 4-47-202
§ 4-47-202. Elimination by the county legislative body -- Method -- Sale.
Status: in_force

(1) A policy for the manner and method of eliminating abandoned horses from the open range shall be in the discretion of the county legislative body, and it shall be the county legislative body's duty to so eliminate abandoned horses, using the means most effective and economical under the circumstances. (2) The county executive may sell all captured horses.
Utah Code § 4-32-118 — Utah Code / Title 4 / Chapter 4-32 / § 4-32-118
§ 4-32-118. Detention of animals or meat or poultry products -- Removal of official marks.
Status: in_force

(1) Whenever any meat or poultry product or any product exempted from the definition of a meat or poultry product, or any dead, dying, disabled, or diseased animal, is found by any authorized representative of the commissioner, and there is reason to believe that it is adulterated or misbranded and is capable of use as human food, or that it has not been inspected and passed, or that it has been or is intended to be distributed in violation of this chapter, it may be detained by the representative pending action under Section 4-32-119, and may not be moved by any person from the place at which it is located when so detained, until released by such representative. (2) All official marks may be required by the representative described in Subsection (1) to be removed from a product or animal described in Subsection (1) before the product is released.
Utah Code § 4-24-202 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-202
§ 4-24-202. Recordation of brand.
Status: in_force

(1) A person shall submit an application for a recorded brand to the department upon forms prescribed and furnished by the department. (a) The application shall contain the following information: (i) the name of each applicant; (ii) a single designated address where the department will send a notice of brand renewal; and (iii) a description of the brand that is the subject of the application. (b) The department may not approve an application without payment of the appropriate recording fee. (c) Upon receipt of a proper application, payment of the recording fee, and recordation of the brand in the central Brand Registry of the department, the commissioner shall issue the applicant a certified copy of recording that entitles the applicant to the exclusive use of the brand recorded. (2) (a) A recorded brand filed with the central Brand Registry expires during the calendar year 1980, and during each fifth or tenth year thereafter. The applicant at the time of application shall decide whether the brand filed with the central Brand Registry expires during the fifth or the tenth year. (b) (i) The department shall send notice in writing to the address designated under Subsection (1)(b)(ii) within a reasonable time before the date of expiration of recordation. (ii) The notice required by this Subsection (2)(b) may be provided by email or regular mail at the department's discretion. (iii) The holder of a registered brand has an affirmative duty to inform the department of a change to the contact information provided on the initial application for a recorded brand. (c) Brand renewal is affected by filing an appropriate application with the department together with payment of the renewal fee. (d) A recorded brand, not timely renewed, shall lapse and be removed from the central Brand Registry.
Utah Code § 4-37-201 — Utah Code / Title 4 / Chapter 4-37 / § 4-37-201
§ 4-37-201. License required to operate an aquaculture facility.
Status: in_force

(1) A person may not operate an aquaculture facility without first obtaining a license from the department. (2) (a) Each application for a license to operate an aquaculture facility shall be accompanied by a fee. (b) The fee shall be established by the department in accordance with Section 63J-1-504. (3) The department shall coordinate with the Division of Wildlife Resources: (a) on the suitability of the proposed site relative to potential impacts on adjacent wild aquatic animal populations; and (b) in determining which species the holder of the license may propagate, possess, transport, or sell. (4) The department shall list on the license the species which the holder may propagate, possess, transport, or sell.
Utah Code § 4-30-112 — Utah Code / Title 4 / Chapter 4-30 / § 4-30-112
§ 4-30-112. Suspension or revocation of license -- Grounds.
Status: in_force

The department is authorized to suspend or revoke the license of any livestock market or livestock market weighman who: (1) violates any provision of this chapter or any rule made under this chapter; or (2) engages in any fraudulent or deceitful activity.
Utah Code § 4-5-106 — Utah Code / Title 4 / Chapter 4-5 / § 4-5-106
§ 4-5-106. Publication of reports and information.
Status: in_force

(1) The department shall publish reports summarizing all judgments, decrees, and court orders which have been rendered under this chapter, including the nature of the charge and its disposition. (2) The department shall disseminate information regarding food which it considers necessary in the interest of public health and for the protection of consumers against fraud. (3) Nothing in this section prohibits the department from collecting, reporting, and illustrating the results of investigations made by the department.
Utah Code § 4-21-201 — Utah Code / Title 4 / Chapter 4-21 / § 4-21-201
§ 4-21-201. Beef promotion fee -- Deposit of revenue.
Status: in_force

(1) (a) The department shall collect a fee established as required by Subsection (2) on all fee brand inspected cattle upon change of ownership or slaughter in an amount not more than $1 or less than 25 cents. (b) The fee is collected by the local brand inspector at the time of inspection of cattle, or deducted and collected by the marketing agency or the purchaser. (c) All revenue collected under this section shall be paid to the department, which shall deposit the revenue in a fund that is hereby created and is known as the "Beef Promotion Fund." (2) Any fee currently assessed by the department continues in effect until modified by the department under Subsection (1). (3) The fee assessed under this section is in addition to the amount of any assessment required to be paid pursuant to the Beef Promotion and Research Act of 1985, 7 U.S.C. Sec. 2901 et seq.
Utah Code § 4-3-601 — Utah Code / Title 4 / Chapter 4-3 / § 4-3-601
§ 4-3-601. Definitions.
Status: in_force

As used in this part: (1) "Batch" means all the milk emptied from one bulk tank and bottled in a single day. (2) "Designated agent" means a person that under contract with a producer, without ownership interest, distributes, sells, delivers, holds, stores, or offers for sale the producer's raw milk or raw milk product. (3) "Foodborne illness outbreak" means the occurrence of two or more cases from different households of a similar illness resulting from the ingestion of a common food. (4) "Premises" means the property and facilities used for the: (a) housing or milking of lactating animals; or (b) processing, storage, or sale of raw milk or a raw milk product. (5) "Producer" means a person that owns lactating animals and bottles, packages, or sells raw milk or a raw milk product. (6) "Raw milk" means milk from a lactating animal that has not been pasteurized. (7) "Raw milk product" means a product produced from raw milk. (8) "Third party vendor" means a person that under contract with a producer takes ownership of the producer's raw milk or raw milk product to distribute, sell, deliver, hold, store, or offer for sale the raw milk or raw milk product to a market.
Utah Code § 4-41a-602 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-602
§ 4-41a-602. Cannabis product -- Labeling and child-resistant packaging.
Status: in_force

(1) For any cannabis product that a cannabis processing facility processes or produces and for any raw cannabis that the facility packages, the facility shall: (a) label the cannabis or cannabis product with a label that: (i) clearly and unambiguously states that the cannabis product or package contains cannabis; (ii) clearly displays the amount of total composite tetrahydrocannabinol, cannabidiol, and any known cannabinoid that is greater than 1% of the total cannabinoids contained in the cannabis or cannabis product as determined under Subsection 4-41a-701(4); (iii) has a unique identification number that: (A) is connected to the inventory control system; and (B) identifies the unique cannabis product manufacturing process the cannabis processing facility used to manufacture the cannabis product; (iv) identifies the cannabinoid extraction process that the cannabis processing facility used to create the cannabis product; (v) does not display an image, word, or phrase that the facility knows or should know appeals to children; and (vi) discloses each active or potentially active ingredient, in order of prominence, and possible allergen; and (b) package the raw cannabis or cannabis product in a medicinal dosage form in a container that: (i) is tamper evident and tamper resistant; (ii) does not appeal to children; (iii) does not mimic a candy container; (iv) complies with child-resistant effectiveness standards that the United States Consumer Product Safety Commission establishes; (v) includes a warning label that states: (A) for a container labeled on or after January 1, 2024, "WARNING: Cannabis has intoxicating effects, may be addictive, and may increase risk of mental illness. Do not operate a vehicle or machinery under its influence. KEEP OUT OF REACH OF CHILDREN. This product is for medical use only. Use only as directed by a recommending medical provider."; or (B) for a container labeled on or after January 1, 2026, "WARNING: Cannabis use by pregnant or breastfeeding women, may result in fetal injury, preterm birth, or developmental problems for the child. Cannabis may be addictive and may increase risk of mental illness. Do not operate a vehicle or machinery under its influence. KEEP OUT OF REACH OF CHILDREN. This product is for medical use only. Use only as directed by a recommending medical provider."; and (vi) for raw cannabis or a cannabis product sold in a vaporizer cartridge labeled on or after May 3, 2023, includes a warning label that states: (A) "WARNING: Vaping of cannabis-derived products has been associated with lung injury."; and (B) "WARNING: Inhalation of cannabis smoke has been associated with lung injury.". (2) (a) Except as provided in Subsection (2)(b), to ensure that a cannabis product that a cannabis processing facility processes or produces has a medical rather than recreational disposition, the facility may not produce or process a product whose logo, product name, or brand name includes terms related to recreational marijuana, including "weed," "pot," "reefer," "grass," "hash," "ganja," "Mary Jane," "high," "haze," "stoned," "joint," "bud," "smoke," "euphoria," "dank," "doobie," "kush," "frost," "cookies," "rec," "bake," "blunt," "combust," "bong," "budtender," "dab," "blaze," "toke," or "420." (b) A product name may contain the word "hash." (3) For any cannabis or cannabis product that the cannabis processing facility processes into a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular cuboid shape, the facility shall: (a) ensure that the label described in Subsection (1)(a) does not contain a photograph or other image of the content of the container; and (b) include on the label described in Subsection (1)(a) a warning about the risks of over-consumption. (4) For any cannabis product that contains an artificially derived cannabinoid, the cannabis processing facility shall ensure that the label clearly: (a) identifies each artificially derived cannabinoid; and (b) identifies that each artificially derived cannabinoid is an artificially derived cannabinoid. (5) (a) A cannabis processor may not distribute medical cannabis with a label, logo, brand name, or in packaging if the label, logo, brand name, or packaging has not been pre-approved by the department. (b) If the department has approved a label or packaging, a cannabis processor may change the approved label or packaging and use the changed label or packaging for use with another medical cannabis product without obtaining the department's approval if: (i) the label or packaging complies with the requirements of this chapter and rules made under this chapter; (ii) the only change to the label and packaging are changes to one or more of the following: (A) flavor information; (B) terpene information; or (C) cultivar information; and (iii) no other changes were made to the label or package including graphics, fonts, sizing, or colors. (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department: (a) shall make rules to establish: (i) a standard labeling format that: (A) complies with the requirements of this section; and (B) ensures inclusion of a pharmacy label; and (ii) additional requirements on packaging for cannabis and cannabis products to ensure safety and product quality; (b) may make rules to further define standards regarding images, words, phrases, or containers that may appeal to children under Subsection (1)(a)(v) or (1)(b)(ii); and (c) may make rules to regulate the use of common terms describing a potential physiological effect on medical cannabis labels.
Utah Code § 4-25-401 — Utah Code / Title 4 / Chapter 4-25 / § 4-25-401
§ 4-25-401. Impounded livestock -- Determination and location of owner -- Sale -- Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from liability.
Status: in_force

(1) As used in this section, "impounded livestock" means the following animals seized and retained in legal custody: (a) cattle; (b) calves; (c) horses; (d) mules; (e) sheep; (f) goats; (g) hogs; or (h) domesticated elk. (2) (a) A county may: (i) take physical possession of impounded livestock seized and retained within its boundaries; and (ii) attempt to determine the name and location of the impounded livestock's owner. (b) The department shall assist a county who requests help in locating the name and location of the owner or other person responsible for the impounded livestock. (c) (i) Notwithstanding the requirements of Title 67, Chapter 4a, Revised Uniform Unclaimed Property Act, if the county cannot determine ownership of the impounded livestock, or, if having determined ownership, neither the county nor the department is able to locate the owner within a reasonable period of time, the impounded livestock shall be sold at a livestock or other appropriate market. (ii) The proceeds of a sale under Subsection (2)(c)(i), less the costs described in Subsection (2)(c)(iii), shall be paid to the State School Fund created by the Utah Constitution, Article X, Section 5, Subsection (1). (iii) The livestock or other market conducting the sale under Subsection (2)(c)(i) may deduct the cost of feed, transportation, and other market costs from the proceeds of the sale. (3) A county shall publish the intended sale of the impounded livestock within the county where the impounded livestock was taken into custody, as a class A notice under Section 63G-30-102, for at least 10 days before the date of the sale. (4) A purchaser of impounded livestock sold under this section shall receive title to the impounded livestock free and clear of all claims of the livestock's owner or a person claiming title through the owner. (5) If a county complies with the provisions of this section, the county is immune from liability for the sale of impounded livestock sold at a livestock or other appropriate market. (6) Notwithstanding the requirements of Subsection (2)(c), a county may employ a licensed veterinarian to euthanize an impounded livestock if the licensed veterinarian determines that the impounded livestock's physical condition prevents the impounded livestock from being sold.
Utah Code § 4-39-503 — Utah Code / Title 4 / Chapter 4-39 / § 4-39-503
§ 4-39-503. Grounds for denial, suspension, or revocation of licenses for domestic elk facilities.
Status: in_force

(1) The department shall deny, suspend, or revoke a license to operate a domestic elk facility if the licensee or applicant: (a) fails, for two consecutive years, to: (i) meet inventory requirements as required by the department; (ii) submit chronic wasting disease test samples for at least 90% of mortalities over 12 months old; or (iii) notify the department that there are wild cervids inside a domestic elk farm or elk ranch; (b) fails to present animals for identification at the request of the department or allow the department to have access to facility records; or (c) violates the import requirements described in Section 4-39-303. (2) The department may deny, revoke, or suspend a license to operate a domestic elk facility if, after delivery of notice and an opportunity to correct, the licensee or applicant: (a) provides: (i) an unfinished application or incorrect application information; or (ii) incorrect records or fails to maintain required records; (b) fails to: (i) notify the department of movement of elk onto or off of the facility; (ii) identify elk as required; (iii) notify the department concerning an escape of an animal from a domestic elk facility; (iv) maintain a perimeter fence that prevents escape of domestic elk or ingress of wild cervids into the facility; (v) participate with the department in a cooperative wild cervid removal program; (vi) submit chronic wasting disease test samples for at least 90% of mortalities over 12 months old; or (vii) have the minimum proper equipment necessary to safely and humanely handle animals in the facility; (c) moves imported elk onto a facility without getting a Certificate of Veterinary Inspection that has an import permit number from the department; (d) imports animals that are prohibited or controlled by the division; or (e) handles animals in a manner that violates acceptable animal husbandry practices.
Utah Code § 4-35-109 — Utah Code / Title 4 / Chapter 4-35 / § 4-35-109
§ 4-35-109. Department to adopt rules.
Status: in_force

The department is authorized to adopt and enforce rules to administer this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act .
Utah Code § 4-39-302 — Utah Code / Title 4 / Chapter 4-39 / § 4-39-302
§ 4-39-302. Acquisition of domesticated elk for use in domesticated elk facilities.
Status: in_force

Domesticated elk intended for use in domesticated elk facilities shall meet all health and genetic requirements of this chapter.
Utah Code § 4-5-501 — Utah Code / Title 4 / Chapter 4-5 / § 4-5-501
§ 4-5-501. Cottage food operations.
Status: in_force

(1) For purposes of this chapter: (a) "Cottage food operation" means a person who produces a cottage food product in a home kitchen . (b) "Cottage food product" means a nonpotentially hazardous baked good, jam, jelly, or other nonpotentially hazardous food produced in a home kitchen. (c) "Home kitchen" means a kitchen: (i) designed and intended for use by the residents of a home; and (ii) used by a resident of the home for the production of a cottage food product. (d) "Potentially hazardous food" means: (i) a food of animal origin; (ii) raw seed sprouts; or (iii) a food that requires time or temperature control, or both, for safety to limit pathogenic microorganism growth or toxin formation, as identified by the department in rule. (2) The department shall adopt rules pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to protect public health and ensure a safe food supply. (3) Rules adopted pursuant to Subsection (2) may not require: (a) the use of a commercial surface such as a stainless steel counter or cabinet; (b) the use of a commercial grade: (i) sink; (ii) dishwasher; or (iii) oven; (c) a separate kitchen for the cottage food operation; or (d) the submission of plans and specifications before construction of, or remodel of, a cottage food production operation. (4) The operator of a cottage food operation shall: (a) register with the department as a cottage food operation before operating as a cottage food operation; (b) hold a valid food handler's permit; and (c) package a cottage food product with a label, as specified by the department in rule. (5) Notwithstanding the provisions of Subsections 4-5-301(1)(a) and (c), the department shall issue a registration to an applicant for a cottage food operation if the applicant for the registration: (a) pays the fees required by the department; and (b) meets the requirements of this section. (6) Notwithstanding the provisions of Section 26A-1-114, a local health department: (a) does not have jurisdiction to regulate the production of food at a cottage food operation operating in compliance with this section, as long as the products are not offered to the public for consumption on the premises; and (b) does have jurisdiction to investigate a cottage food operation in an investigation into the cause of a foodborne illness outbreak. (7) A food service establishment as defined in Section 26B-7-401 may not use a product produced in a cottage food operation as an ingredient in a food that is prepared by the food establishment and offered by the food establishment to the public for consumption.
Utah Code § 4-15-104 — Utah Code / Title 4 / Chapter 4-15 / § 4-15-104
§ 4-15-104. 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 rules necessary to administer and enforce this chapter.
Utah Code § 4-16-302 — Utah Code / Title 4 / Chapter 4-16 / § 4-16-302
§ 4-16-302. False or misleading advertising with respect to seed quality prohibited.
Status: in_force

Unless agricultural, vegetable, flower, or tree and shrub seeds or seeds for sprouting sold, advertised, or exposed or offered for sale in this state for propagation or planting have been registered or certified by an officially recognized seed certifying agency approved and accredited in this state, a person may not: (1) use orally or in writing: (a) the term "foundation," "registered," or "certified" seed along with other words; or (b) any other term or form of words which suggests that the seed has been certified or registered by an inspection agency duly authorized by any state, or that there has been registration or certification, or either; or (2) use any tags similar to registration or certification tags.
Utah Code § 4-14-102 — Utah Code / Title 4 / Chapter 4-14 / § 4-14-102
§ 4-14-102. Definitions.
Status: in_force

As used in this chapter: (1) "Active ingredient" means an ingredient that: (a) prevents, destroys, repels, controls, or mitigates pests; or (b) acts as a plant regulator, defoliant, or desiccant. (2) "Animal" means a vertebrate or invertebrate species. (3) "Beneficial insect" means an insect that is: (a) an effective pollinator of plants; (b) a parasite or predator of pests; or (c) otherwise beneficial. (4) "Certified applicator" means an individual who is licensed by the department to apply: (a) a restricted use pesticide; or (b) a general use pesticide for hire or in exchange for compensation. (5) "Defoliant" means a substance or mixture intended to cause leaves or foliage to drop from a plant, with or without causing abscission. (6) "Desiccant" means a substance or mixture intended to artificially accelerate the drying of plant or animal tissue. (7) "Distribute" means to offer for sale, sell, barter, ship, deliver for shipment, receive, deliver, or offer to deliver pesticides in this state. (8) "Environment" means all living plants and animals, water, air, land, and the interrelationships that exist between them. (9) (a) "Equipment" means any type of ground, water, or aerial equipment or contrivance using motorized, mechanical, or pressurized power to apply a pesticide. (b) "Equipment" does not mean any pressurized hand-sized household apparatus used to apply a pesticide or any equipment or contrivance used to apply a pesticide that is dependent solely upon energy expelled by the person making the pesticide application. (10) "EPA" means the United States Environmental Protection Agency. (11) "FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act. (12) (a) "Fungus" means a nonchlorophyll-bearing thallophyte or a nonchlorophyll-bearing plant of an order lower than mosses and liverworts, including rust, smut, mildew, mold, yeast, and bacteria. (b) "Fungus" does not include fungus existing on or in: (i) a living person or other animal; or (ii) processed food, beverages, or pharmaceuticals. (13) "Herbicide" means a substance that is toxic to plants and is used to control or eliminate unwanted vegetation. (14) "Insect" means an invertebrate animal generally having a more or less obviously segmented body: (a) usually belonging to the Class Insecta, comprising six-legged, usually winged forms, including beetles, bugs, bees, and flies; and (b) allied classes of arthropods that are wingless usually having more than six legs, including spiders, mites, ticks, centipedes, and wood lice. (15) "Label" means any written, printed, or graphic matter on, or attached to, a pesticide or a container or wrapper of a pesticide. (16) (a) "Labeling" means a label or other written, printed, or graphic matter: (i) accompanying a pesticide or equipment; or (ii) to which reference is made on the label or in literature accompanying a pesticide or equipment. (b) "Labeling" does not include a written, printed, or graphic matter created by the EPA, the United States Departments of Agriculture or Interior, the United States Department of Health, Education, and Welfare, state experimental stations, state agricultural colleges, and other federal or state institutions or agencies authorized by law to conduct research in the field of pesticides. (17) "Land" means land, water, air, and plants, animals, structures, buildings, contrivances, and machinery appurtenant or situated on land, water, air, or a plant, animal, structure, or contrivance, whether fixed or mobile, including any used for transportation. (18) "Misbranded" means any label or labeling that is false or misleading or that does not strictly comport with the label and labeling requirements set forth in Section 4-14-104. (19) "Misuse" means use of any pesticide in a manner inconsistent with the pesticide's label or labeling. (20) "Nematode" means invertebrate animals of the Phylum Nemathelminthes and Class Nematoda, including unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, also known as nemas or eelworms. (21) "Ornamental and turf technician" means an individual who holds a permit under Subsection 4-14-112(1). (22) "Ornamental and turf weed pest control" means the use of a herbicide to control ornamental and turf pests in the maintenance and protection of an ornamental tree, shrub, flower, or turf. (23) (a) "Pest" means: (i) any insect, rodent, nematode, fungus, weed; or (ii) any other form of terrestrial or aquatic plant or animal life, virus, bacteria, or other microorganism that is injurious to health or to the environment or that the department declares to be a pest. (b) "Pest" does not include: (i) viruses, bacteria, or other microorganisms on or in a living person or other living animal; or (ii) protected wildlife species identified in Section 23A-1-101 that are regulated by the Division of Wildlife Resources in accordance with Sections 23A-2-102, 23A-2-201, 23A-2-301, 23A-2-302, and 23A-2-303. (24) "Pesticide" means any: (a) substance or mixture of substances, including a living organism, that is intended to prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug, fungus, weed, or other form of plant or animal life that is normally considered to be a pest or that the commissioner declares to be a pest; (b) any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant; (c) any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, or emulsifying agent with deflocculating properties of its own used with a pesticide to aid the pesticide's application or effect; and (d) any other substance designated by the department by rule. (25) (a) "Pesticide applicator business" means an entity that: (i) is authorized to do business in this state; and (ii) offers pesticide application services. (b) "Pesticide applicator business" does not include an individual licensed agricultural applicator who may work for hire. (26) "Pesticide dealer" means any person who distributes restricted use pesticides. (27) (a) "Plant regulator" means any substance or mixture intended, through physiological action, to accelerate or retard the rate of growth or rate of maturation, or otherwise alter the behavior of ornamental or crop plants. (b) "Plant regulator" does not include plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments. (28) "Restricted use pesticide" means: (a) a pesticide, including a highly toxic pesticide, that is a serious hazard to beneficial insects, animals, or land; or (b) any pesticide or pesticide use restricted by the administrator of EPA or by the commissioner. (29) "Salesperson" means an individual who holds a permit under Subsection 4-14-112(2). (30) "Signal word" means a word required on the label of a pesticide under 40 C.F.R. Sec. 156.64 to indicate the toxicity category of the pesticide, including "danger," "warning," or "caution." (31) "Soliciting" means an act to solicit a person to agree to the application of a pesticide as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (32) "Weed" means any plant that grows where not wanted. (33) "Wildlife" means living things that are neither human, domesticated, nor pests.
Utah Code § 4-24-203 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-203
§ 4-24-203. Fees for recordation, transfer, renewal, and certified copies of brands.
Status: in_force

(1) The department, with the approval of the Livestock Brand Board, shall charge and collect fees for the recordation, transfer, and renewal of a brand in each position, and may charge a fee for a certified copy of the recordation. (2) The fees shall be determined by the department pursuant to Subsection 4-2-103(2).
Utah Code § 4-37-102 — Utah Code / Title 4 / Chapter 4-37 / § 4-37-102
§ 4-37-102. Purpose statement -- Aquaculture considered a branch of agriculture.
Status: in_force

(1) The Legislature declares that it is in the interest of the people of the state to encourage the practice of aquaculture, while protecting the public fishery resource, in order to augment food production, expand employment, promote economic development, and protect and better utilize the land and water resources of the state. (2) The Legislature further declares that aquaculture is considered a branch of the agricultural industry of the state for purposes of any laws that apply to or provide for the advancement, benefit, or protection of the agricultural industry within the state.
Utah Code § 4-18-102 — Utah Code / Title 4 / Chapter 4-18 / § 4-18-102
§ 4-18-102. Findings and declarations -- Duties.
Status: in_force

(1) In addition to the policy provided in Section 4-46-101, the Legislature finds and declares that: (a) the soil and water resources of this state constitute one of the state's basic assets; and (b) the preservation of soil and water resources requires planning and programs to ensure: (i) the development and use of soil and water resources; and (ii) soil and water resources' protection from the adverse effects of wind and water erosion, sediment, and sediment related pollutants. (2) The Legislature finds that local production of food is essential for: (a) the security of the state's food supply; and (b) the self-sufficiency of the state's citizens. (3) The Legislature finds that sustainable agriculture is critical to: (a) the success of rural communities; (b) the historical culture of the state; (c) maintaining healthy farmland; (d) maintaining high water quality; (e) maintaining abundant wildlife; (f) high-quality recreation for citizens of the state; and (g) helping to stabilize the state economy. (4) The Legislature finds that livestock grazing on public lands is important for the proper management, maintenance, and health of public lands in the state. (5) The Legislature encourages each agricultural producer in the state to operate in a reasonable and responsible manner to maintain the integrity of soil, water, and air. (6) The Legislature finds that soil health is essential to protecting the state's soil and water resources, bolstering the state's food supply, and sustaining the state's agricultural industry.
Utah Code § 4-38-103 — Utah Code / Title 4 / Chapter 4-38 / § 4-38-103
§ 4-38-103. Utah Horse Racing Commission.
Status: in_force

(1) (a) There is created within the department the Utah Horse Racing Commission. (b) (i) The commission shall consist of seven members who shall be United States citizens, Utah residents, and qualified voters in Utah. (ii) Each member shall have an interest in horse racing. (iii) Two members shall be chosen from horse racing organizations. (c) (i) The governor shall appoint the members of the commission. (ii) The governor shall appoint commission members from a list of nominees submitted by the commissioner of agriculture and food. (d) (i) The members of the commission shall be appointed to four-year terms. (ii) A commission member may not serve more than two consecutive terms. (e) Each member shall hold office until the member's successor is appointed and qualified. (f) Vacancies on the commission shall be filled by appointment by the governor for the unexpired term. (g) (i) A member may be removed from office by the governor for cause after a public hearing. (ii) Notice of the hearing shall fix the time and place of the hearing and shall specify the charges. (iii) Copies of the notice of the hearing shall be served on the member by mailing the notice of hearing to the member at the member's last known address at least 10 days before the date fixed for the hearing. (iv) The governor may designate a hearing officer to preside over the hearing and report the hearing findings to the governor. (2) (a) The members of the commission shall annually elect a commission chair. (b) Five members of the commission shall constitute a quorum for the transaction of any business of the commission. (3) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. (4) All claims and expenditures made under this chapter shall be first audited and passed by the commission and when approved shall be paid in the manner provided by law for payment of claims against the state. (5) Any member of the commission who has a personal or private interest in any matter proposed or pending before the commission shall publicly disclose this fact to the commission and may not vote on the matter. (6) Any member of the commission who owns or who has any interest, or whose spouse or member of his immediate family has any interest, in a horse participating in a race shall disclose that interest and may not participate in any commission decision involving that race.
Utah Code § 4-37-111 — Utah Code / Title 4 / Chapter 4-37 / § 4-37-111
§ 4-37-111. Prohibited sites.
Status: in_force

(1) Except as provided in Subsection (2), an aquaculture facility or a fee fishing facility may not be developed on: (a) a natural lake; (b) a natural flowing stream; or (c) a reservoir constructed on a natural stream channel. (2) The Division of Wildlife Resources may authorize an aquaculture facility, public aquaculture facility, or fee fishing facility on a natural lake or reservoir constructed on a natural stream channel upon inspecting and determining: (a) the facility and inlet source of the facility neither contain wild game fish nor are likely to support such species in the future; (b) the facility and the facility's intended use will not jeopardize conservation of aquatic wildlife or lead to the privatization or commercialization of aquatic wildlife; (c) the facility is properly screened as provided in Subsection 23A-9-203(3)(c) and otherwise in compliance with the requirements of this title, rules of the Wildlife Board, and applicable law; and (d) the facility is not vulnerable to flood or high water events capable of compromising the facility's inlet or outlet screens and allowing escapement of privately owned fish into waters of the state. (3) Any authorization issued by the Division of Wildlife Resources under Subsection (2) shall be in the form of a certificate of registration.
Utah Code § 4-21-107 — Utah Code / Title 4 / Chapter 4-21 / § 4-21-107
§ 4-21-107. Council may require crime insurance -- Payment of premium.
Status: in_force

(1) The council may require the administrator or a council employee to obtain crime insurance in relation to the administrator's or employee's duties. (2) The council shall set the amount of crime insurance required and pay the premium.
Utah Code § 4-7-109 — Utah Code / Title 4 / Chapter 4-7 / § 4-7-109
§ 4-7-109. Dealers -- Records mandated -- Records subject to inspection.
Status: in_force

(1) A dealer who receives livestock for sale or consignment shall promptly record: (a) the name and address of the consignor; (b) the date received; (c) the condition and quantity upon arrival; (d) the date of sale for account of the producer-consignor; (e) the sale price; (f) an itemized statement of the charges to be paid by the producer-consignor; (g) the individual or group identification of the livestock; (h) the nature and amount of any claims the dealer has against third persons for overcharges or damages; and (i) if the dealer has a direct or indirect financial interest in the business of the purchaser, or, if the purchaser has a similar financial interest in the business of the dealer, the name and address of the purchaser. (2) (a) The dealer shall provide a copy of the livestock receipt to the producer immediately upon delivery of the product. (b) The records required by this section shall be retained for a period of one year following the date of consignment and shall be available during business hours for inspection by the department. (c) A consignor involved in a consignment subject to inquiry may inspect relevant records. (3) (a) A dealer shall file an annual report of the records required under Subsection (1) with the department on a form prescribed and furnished by the department. (b) The dealer shall file the report by April 15 following the end of a calendar year, or if the records are kept on a fiscal year basis, by 90 days after the close of the fiscal year. (c) The commissioner may, for good cause shown or by the commissioner's own motion, grant an extension to the filing deadline under Subsection (3)(b). (d) For purposes of this Subsection (3), "dealer" does not include a packer buyer registered to purchase livestock for slaughter only. (e) The department shall accept reports as required by the Packers and Stockyards Administration for livestock under the Packers and Stockyards Act, 1921, 7 U.S.C. Sec. 181, et seq. (f) The reports required under this Subsection (3) may be subject to audit and establish the basis for bond adequacy.
Utah Code § 4-39-402 — Utah Code / Title 4 / Chapter 4-39 / § 4-39-402
§ 4-39-402. Removal of wild cervids -- Liability.
Status: in_force

(1) Upon discovery of a wild cervid in a domesticated elk facility, the licensee shall immediately notify the Division of Wildlife Resources, which shall remove the wild cervid. (2) The state or a state agency is not liable for disease or genetic purity problems of domesticated elk that may be attributed to wild cervids.
Utah Code § 4-39-202 — Utah Code / Title 4 / Chapter 4-39 / § 4-39-202
§ 4-39-202. General facility requirements.
Status: in_force

(1) (a) Internal handling facilities shall be capable of humanely restraining an individual animal and to facilitate: (i) the application or reading of any animal identification; (ii) the taking of blood or tissue samples; and (iii) any other required or necessary testing procedure. (b) A domesticated elk facility shall be properly constructed to protect inspection personnel while inspection personnel are handling the domesticated elk. (2) The domesticated elk facility owner shall provide ample signage around the facility indicating that it is a domesticated elk facility, so that the public is put on notice that the animals are not wild elk.
Utah Code § 4-9-105 — Utah Code / Title 4 / Chapter 4-9 / § 4-9-105
§ 4-9-105. Weights and measures -- Primary state standards -- Secondary state standards -- Verification.
Status: in_force

(1) Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the National Institute of Standards and Technology, shall be the state primary standards, and shall be maintained in the calibration prescribed by the National Institute of Standards and Technology. (2) Secondary standards may be prescribed by the department and shall be verified upon their initial receipt, and as often after initial receipt as is considered necessary by the department.
Utah Code § 4-10-102 — Utah Code / Title 4 / Chapter 4-10 / § 4-10-102
§ 4-10-102. Definitions.
Status: in_force

As used in this chapter: (1) "Article" means bedding, upholstered furniture, quilted clothing, or filling material. (2) "Bedding" means a: (a) quilted, packing, mattress, or hammock pad; or (b) mattress, boxspring, comforter, quilt, sleeping bag, studio couch, pillow, or cushion made with a filling material that can be used for sleeping or reclining. (3) "Consumer" means a person who purchases, rents, or leases an article for the article's intended, everyday use. (4) "Filling material" means cotton, wool, kapok, feathers, down, shoddy, hair, or other material, or a combination of materials, whether loose or in bags, bales, batting, pads, or other prefabricated form that is, or can be, used in bedding, upholstered furniture, or quilted clothing. (5) "Label" means the display of written, printed, or graphic matter upon a tag or upon the immediate container of a bedding, upholstered furniture, quilted clothing, or filling material. (6) (a) "Manufacture" means to make, process, or prepare from new or secondhand material, in whole or in part, a bedding, upholstered furniture, quilted clothing, or filling material for sale. (b) "Manufacture" does not include making, processing, or preparing an article described in Subsection (6)(a) if: (i) a person sells three or fewer of the articles per year; and (ii) the articles are sold by persons who are not primarily engaged in the making, processing, or preparation of the articles. (7) (a) "New material" means material that has not previously been used in the manufacture of another article used for any purpose. (b) "New material" includes: (i) by-products from a textile mill using only new raw material synthesized from a product that has been melted, liquified, and re-extruded; and (ii) down and feather that has been sterilized in accordance with the department's rules made under Sections 4-10-103 and 4-10-113. (8) "Owner's own material" means an article owned or in the possession of a person for the person's own or a tenant's use that is sent to another person for manufacture or repair. (9) "Quilted clothing" means a filled garment or apparel, exclusive of trim used for aesthetic effect, or a stiffener, shoulder pad, interfacing, or other material that is made in whole or in part from filling material and sold or offered for sale. (10) "Reclaimed" or "reclaimed material" means material that would have otherwise been disposed of as waste or used for energy recovery, but instead is collected and used as a material input, in lieu of new primary material, as defined by rule by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (11) "Recycled" or "recycled material" means material that has been reprocessed from reclaimed material by means of an accepted manufacturing process and made into a final product or into a component for incorporation into a product as defined by rule by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (12) "Repair" means to restore, recover, alter, or renew bedding or upholstered furniture for a consideration. (13) "Retailer" means a person who sells bedding, upholstered furniture, quilted clothing, or filling material to a consumer for use primarily for personal, family, household, or business purposes. (14) (a) "Sale" or "sell" means to offer or expose for sale, barter, trade, deliver, consign, lease, or give away any bedding, upholstered furniture, quilted clothing, or filling material. (b) "Sale" or "sell" does not include a judicial, executor's, administrator's, or guardian's sale of an item described in Subsection (14)(a). (15) "Secondhand" means an article or filling material, or portion of an article or filling material, that has previously been used. (16) "Sterilize" means to disinfect, decontaminate, sanitize, cleanse, or purify as required by Section 4-10-113. (17) "Tag" means a card, flap, or strip attached to an article for the purpose of displaying information required by this chapter or under rule made pursuant to it. (18) (a) "Used" means an article that has been sold to a consumer and has left the store. (b) "Used" does not include an article returned to the store: (i) with the article's original tags; and (ii) in the article's original packaging. (19) "Upholstered furniture" means portable or fixed furniture, except fixed seats in motor vehicles, boats, or aircraft, that is made in whole or in part with filling material, exclusive of trim used for aesthetic effect. (20) "Wholesaler" means a person who offers an article for resale to a retailer or institution rather than a final consumer.
Utah Code § 4-34-103 — Utah Code / Title 4 / Chapter 4-34 / § 4-34-103
§ 4-34-103. Donation to charitable organization authorized.
Status: in_force

Any person engaged in the business of producing, processing, selling, or distributing any agricultural product may donate, free of charge, any such product which is in a fit condition for use as food for human consumption to a nonprofit charitable organization within the state of Utah.
Utah Code § 4-16-103 — Utah Code / Title 4 / Chapter 4-16 / § 4-16-103
§ 4-16-103. Department authorized to make and enforce rules -- Cooperation with state and federal agencies authorized.
Status: in_force

(1) The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to make and enforce rules. (2) The department may cooperate with other state agencies, other states, and with the United States Department of Agriculture or other departments or agencies of the federal government.
Utah Code § 4-13-103 — Utah Code / Title 4 / Chapter 4-13 / § 4-13-103
§ 4-13-103. Distribution of plant food -- Registration required -- Application -- Fees -- Expiration -- Renewal -- Exemptions specified -- Blenders and mixers.
Status: in_force

(1) (a) Before a plant food is distributed in this state, a person shall register the brand and grade of the plant food in the name of the person whose name appears upon the label of the plant food. (b) A person shall submit an application for registration to the department on a form prescribed and furnished by the department, and shall accompany the application with payment of a fee determined by the department pursuant to Subsection 4-2-103(2) for each brand and grade. (c) Upon approval by the department, the department shall furnish a copy of the registration to the applicant. (d) (i) A registration expires at midnight on December 31 of the year in which issued. (ii) A registration is renewable for a period of one year upon the payment of an annual registration renewal fee in an amount equal to the current applicable original registration fee. (iii) A person shall pay the renewal fee on or before December 31 of each year. (2) A distributor is not required to register plant food that has been registered by another person under this chapter if the label does not differ in any respect. (3) (a) A blender is not required to register each grade of plant food formulated according to specifications provided by a consumer before mixing, but is required to: (i) license the name under which the business of blending or mixing is conducted; (ii) pay an annual blenders license fee determined by the department pursuant to Subsection 4-2-103(2); and (iii) label the plant food as provided in Section 4-13-104. (b) (i) A blenders license expires at midnight on December 31 of the year in which the license is issued. (ii) A blenders license is renewable for a period of one year upon the payment of an annual license renewal fee in an amount equal to the current applicable original blenders license fee. (iii) A renewal fee shall be paid on or before December 31 of each year. (4) (a) The department shall assess a tonnage fee on fertilizer products sold in the state. (b) The fee shall be determined by the department pursuant to Subsection 4-2-103(2). (c) When more than one person is involved in the distribution of a fertilizer, the final person who has the fertilizer registered and distributed to a non-registrant or consumer is responsible for reporting the tonnage and paying the tonnage fee, unless the report and payment is made by a prior distributor of the fertilizer. (d) A person shall submit the tonnage report on a form provided by the department on or before December 31 annually covering shipments made during the preceding 12-month period from November 1 to October 31. (e) Revenue generated by the fee shall be deposited into the General Fund as dedicated credits to be used by the department for education and research about and promotion of proper plant food distribution, handling, and use.
Utah Code § 4-35-107 — Utah Code / Title 4 / Chapter 4-35 / § 4-35-107
§ 4-35-107. Notice to owner or occupant -- Corrective action required -- Directive issued by department -- Costs -- Owner or occupant may prohibit treatment.
Status: in_force

(1) The department or an authorized agent of the department shall notify the owner or occupant of the problem and the available alternatives to remedy the problem. The owner or occupant shall take corrective action within 30 days. (2) (a) If the owner or occupant fails to take corrective action under Subsection (1), the department may issue a directive for corrective action that shall be taken within 15 days. (b) If the owner or occupant fails to act within the required time, the department shall take the necessary action. (c) The department may recover full or partial costs incurred for controlling a plant pest emergency from the owner or occupant of the property on whose property corrective action was taken. The amount of costs to be recovered is at the department's sole discretion. (3) (a) An owner or occupant of property may prohibit treatment by presenting an affidavit from the owner's or occupant's attending physician or physician assistant to the department that states that the treatment as planned is a danger to the owner's or occupant's health. (b) The department shall provide the owner or occupant with alternatives to treatment that will abate the plant pest.
Utah Code § 4-23-103 — Utah Code / Title 4 / Chapter 4-23 / § 4-23-103
§ 4-23-103. Definitions.
Status: in_force

As used in this chapter: (1) "Agricultural crops" means any product of cultivation; (2) "Board" means the Agricultural and Wildlife Damage Prevention Board; (3) "Bounty" means the monetary compensation paid to persons for the harvest of predatory or depredating animals; (4) "Damage" means any injury or loss to livestock, poultry, agricultural crops, or wildlife inflicted by predatory or depredating animals or depredating birds; (5) "Depredating animal" means a field mouse, gopher, ground squirrel, jack rabbit, raccoon, or prairie dog; (6) "Depredating bird" means a Brewer's blackbird or starling; (7) "Livestock" means cattle, horses, mules, sheep, goats, and swine; (8) "Predatory animal" means any coyote; and (9) "Wildlife" means any form of animal life generally living in a state of nature, except a predatory animal or a depredating animal or bird.
Utah Code § 4-41a-604 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-604
§ 4-41a-604. Advertising.
Status: in_force

In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules establishing conditions under which a cannabis processing facility may engage in targeted marketing.
Utah Code § 4-2-302 — Utah Code / Title 4 / Chapter 4-2 / § 4-2-302
§ 4-2-302. Notice of violation -- Order for corrective action.
Status: in_force

(1) Whenever the department determines that any person, or any officer or employee of any person, is violating any requirement of this title or rules adopted under this title, the department shall serve written notice upon the alleged violator that specifies the violation and alleges the facts constituting the violation. (2) After serving notice as required in Subsection (1), the department may: (a) issue an order for necessary corrective action; and (b) request the attorney general, county attorney, or district attorney to seek injunctive relief and enforcement of the order as provided in Subsection 4-2-301(2).
Utah Code § 4-38-302 — Utah Code / Title 4 / Chapter 4-38 / § 4-38-302
§ 4-38-302. Stimulation or retardation of animals prohibited -- Tests.
Status: in_force

(1) Any person who uses or permits the use of any mechanical or electrical device, or drug of any kind, to stimulate or retard any animal in any race authorized by this chapter, except as prescribed by the commission, is guilty of a class A misdemeanor. (2) A commission member or race steward may cause tests to be made that the commission considers proper to determine whether any animal has been stimulated or retarded. Tests performed in furtherance of this section shall be conducted by or under the supervision of a licensed Utah veterinarian.
Utah Code § 4-41-405 — Utah Code / Title 4 / Chapter 4-41 / § 4-41-405
§ 4-41-405. Newly identified cannabinoid.
Status: in_force

(1) For a newly identified cannabinoid, the department may: (a) establish a maximum allowable concentration that a cannabinoid product may contain of the newly identified cannabinoid; (b) prohibit the newly identified cannabinoid from appearing in a cannabinoid product; or (c) modify the maximum allowable concentration described in Subsection (1)(a) as necessary if it would not create a threat to public health. (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to implement Subsection (1).
Utah Code § 4-15-105 — Utah Code / Title 4 / Chapter 4-15 / § 4-15-105
§ 4-15-105. Unlawful to offer nursery stock for sale or to solicit orders for nursery stock without license.
Status: in_force

It is unlawful for any person in this state to offer nursery stock for sale at a nursery or nursery outlet, or to solicit or receive orders for nursery stock for a person who regularly engages in the business of operating a nursery or nursery outlet, without a license issued by the department.
Utah Code § 4-46-403 — Utah Code / Title 4 / Chapter 4-46 / § 4-46-403
§ 4-46-403. Conservation rules.
Status: in_force

The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: (1) establish requirements for the training described in Section 4-46-402; and (2) establish the procedures the division shall follow in coordinating state conservation efforts.