Utah Code § 4-18-306 — Utah Code / Title 4 / Chapter 4-18 / § 4-18-306
§ 4-18-306. Soil Health Advisory Committee.
Status: in_force

(1) The Soil Health Advisory Committee is created under the commission. (2) The Soil Health Advisory Committee shall assist the commission in administering the program. (3) The Soil Health Advisory Committee shall maintain no less than seven members appointed by the commissioner. (4) Soil Health Advisory Committee members shall include farmers, ranchers, or other agricultural producers of diverse production systems, including diversity in size, product, irrigated and dryland systems, and other production methods. Members may include: (a) an irrigated crop producer; (b) a dryland crop producer; (c) a dairyman or pasture producer; (d) a rancher; (e) a specialty crop or small farm producer; (f) a crop consultant; (g) a tribal representative; (h) a representative with expertise in soil health; (i) a committee member representative of the commission; or (j) a Utah Association of Conservation Districts representative. (5) At least two members of the Soil Health Advisory Committee shall be water users who own, lease, or represent owners of adjudicated water rights used for agricultural purposes. (6) Representation on the Soil Health Advisory Committee shall reflect the different geographic areas and demographic diversity of the state, to the greatest extent possible. (7) (a) The commissioner shall appoint members of the Soil Health Advisory Committee for four year terms. (b) Notwithstanding the requirements of Subsection (7)(a), the commissioner shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of Soil Health Advisory Committee members are staggered so that approximately half of the committee is appointed every two years. (c) An appointee to the Soil Health Advisory Committee may not serve more than two full terms. (8) A Soil Health Advisory Committee member shall hold office until the expiration of the term for which the member is appointed or until a successor has been duly appointed. (9) The commissioner may remove a member of the Soil Health Advisory Committee for cause. (10) The Soil Health Advisory Committee may invite a representative of the Utah Association of Conservation Districts, the United States Department of Agriculture Natural Resources Conservation Service, Utah State University faculty member, the Department of Natural Resources, Division of Water Rights, and Division of Water Quality, to provide technical expertise to the Soil Health Advisory Committee on an as needed basis. (11) The department will provide staff to manage the Soil Advisory Health Committee. (12) The Soil Health Advisory Committee shall make recommendations to the commission concerning and assist in: (a) setting program priorities; (b) developing the development of guidelines for the implementation of the program, including guidelines and recommendations for the qualifications of nonprofit entities to receive grant money; (c) soliciting input from similar stakeholders within each member's area of expertise and region of the state and communicate the Soil Health Advisory Committee's recommendations to the region and stakeholders represented by each member; (d) soliciting input, in collaboration with the department, from underserved agricultural producers; (e) soliciting input from producers that reflect the different geographic areas and demographic diversity of the state to the greatest extent possible; (f) identifying key questions and areas of need to recommend for future research and demonstration efforts; (g) reviewing soil health grant proposals, including proposed budgets, proposed grant outcomes, and the qualifications of any nonprofits applying for grants; (h) creating a screening and ranking system for proposals and proposing funding recommendations to the commission; (i) reviewing agreements for cooperation or collaboration entered into by the department pursuant to Subsection 4-18-305(1)(f) and making recommendations to the commission for approval; (j) reviewing and recommending soil health practices to ensure they support soil health; (k) evaluating the results and effectiveness of soil health activities and the program in improving soil health; and (l) recommending to the commission, ways to enhance statewide efforts to support healthy soils throughout the state. (13) The Soil Health Advisory Committee shall meet at least quarterly. Meetings shall be conducted as required by Title 52, Chapter 4, Open and Public Meetings Act. (14) 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 § 4-31-102 — Utah Code / Title 4 / Chapter 4-31 / § 4-31-102
§ 4-31-102. Dead domestic animals -- Duty of owner to bury or otherwise dispose-- Liability for costs.
Status: in_force

(1) An owner or other person responsible for a domestic animal that dies shall bury or dispose of the animal within a reasonable period of time after the owner or other person responsible for the animal becomes aware that the animal is dead. (2) The owner of a dead bovine, horse, mule, goat, sheep, bird, or swine may bury the dead animal on the owner's property. (3) If the owner or other person responsible for the dead animal cannot be found, the county, city, or town within which the dead animal is found, shall, at the political subdivision's expense, bury the dead animal. (4) A county, city, or town that incurs expense under this section is entitled to reimbursement from the owner of the dead animal.
Utah Code § 4-2-902 — Utah Code / Title 4 / Chapter 4-2 / § 4-2-902
§ 4-2-902. Veterinarian Education Loan Repayment Program.
Status: in_force

(1) There is created within the department the Veterinarian Education Loan Repayment Program. (2) (a) Beginning July 1, 2024, the program shall on a first-come, first-served basis make payments toward a qualified veterinarian's education loan balances. (b) A veterinarian is eligible for payments under Subsection (2)(a) if the veterinarian: (i) applies as a qualified veterinarian for payment from the program; and (ii) registers with the program at least one year before the day the veterinarian applies under Subsection (2)(b)(i) for payment. (c) Payments made under Subsection (2)(a) shall: (i) be made directly to one or more of the qualified veterinarian's lenders; (ii) as funding for the program permits, each year equal the maximum payment value; and (iii) extend for a period no longer than five years for the qualified veterinarian. (3) The department may use 2% or less of the amount appropriated for the program to pay for actual costs of administering the program. (4) On or before October 1 each year, the department shall submit a report of the program's revenues, expenditures, and outcomes to the Natural Resources, Agriculture, and Environment Interim Committee and the Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee. (5) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer the program, including rules specifying how a veterinarian may register intent to apply for payment from the program.
Utah Code § 4-38-106 — Utah Code / Title 4 / Chapter 4-38 / § 4-38-106
§ 4-38-106. Public records.
Status: in_force

All records of the commission shall be subject to Title 63G, Chapter 2, Government Records Access and Management Act.
Utah Code § 4-23-111 — Utah Code / Title 4 / Chapter 4-23 / § 4-23-111
§ 4-23-111. Holding a raccoon or coyote in captivity prohibited -- Penalty.
Status: in_force

(1) No individual may hold in captivity a raccoon or coyote, except as provided by rules of the Agricultural and Wildlife Damage Prevention Board. (2) The Division of Wildlife Resources, with the cooperation of the department and the Department of Health, shall enforce this section. (3) Any violation of this section is an infraction.
Utah Code § 4-32-123 — Utah Code / Title 4 / Chapter 4-32 / § 4-32-123
§ 4-32-123. Animals slaughtered or the meat and poultry products not intended for human use -- No inspection -- Products to be denatured or otherwise identified.
Status: in_force

Inspection may not be provided under this chapter at any establishment for the slaughter of animals or the preparation of any meat or poultry products that are not intended for use as human food, but the products shall be denatured or otherwise identified as prescribed by rules of the department before the meat and poultry products are offered for sale or transportation.
Utah Code § 4-7-104 — Utah Code / Title 4 / Chapter 4-7 / § 4-7-104
§ 4-7-104. Unlawful to act as an agent or dealer without license -- Exception.
Status: in_force

Except as exempted by Section 4-7-105, no person may act as an agent or dealer in this state without being licensed under this chapter.
Utah Code § 4-41-106 — Utah Code / Title 4 / Chapter 4-41 / § 4-41-106
§ 4-41-106. Enforcement -- Fine -- Citation.
Status: in_force

(1) If a person violates this part, the department may: (a) revoke the person's license or permit; (b) decline to renew the person's license or permit; or (c) assess the person a civil penalty that the department establishes in accordance with Section 4-2-304. (2) Except for a fine that the department assesses for an unlicensed processor, an unregistered product, or the sale of a cannabinoid product to an individual younger than 21 years old, the department shall deposit a penalty imposed under this section into the General Fund. (3) The department may take an action described in Subsection (4) if the department concludes, upon investigation, that a person has violated this chapter, a rule made under this chapter, or an order issued under this chapter. (4) If the department makes the conclusion described in Subsection (3), the department shall: (a) issue the person a written administrative citation; (b) attempt to negotiate a stipulated settlement; (c) seize, embargo, or destroy the industrial hemp batch or unregistered product; (d) order the person to cease the violation; and (e) if a stipulated settlement cannot be reached, conduct an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act. (5) The department may, for a person, other than an individual, that is subject to an uncontested citation, a stipulated settlement, or a finding of a violation in an adjudicative proceeding under this section, for a fine amount not already specified in law, assess the person a fine of up to $5,000 per violation, in accordance with a fine schedule that the department establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (6) The department may not revoke a cannabinoid processor license or an industrial hemp retailer's permit without first giving the person the opportunity to appear before an adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act. (7) If, within 30 calendar days after the day on which a department serves a citation for a violation of this chapter, the person that is the subject of the citation fails to request a hearing to contest the citation, the citation becomes the department's final order. (8) The department may, for a person who fails to comply with a citation under this section: (a) refuse to issue or renew the person's processor license or retailer permit; or (b) suspend, revoke, or place on probation the person's processor license or retailer permit.
Utah Code § 4-2-1001 — Utah Code / Title 4 / Chapter 4-2 / § 4-2-1001
§ 4-2-1001. Definitions.
Status: in_force

As used in this part: (1) "Agricultural enterprise" means the same as that term is defined in Section 78B-4-512. (2) "Agritourism activity" means the same as that term is defined in Section 78B-4-512. (3) "Registry" means the voluntary agritourism registry described in Section 4-2-1002.
Utah Code § 4-32-109 — Utah Code / Title 4 / Chapter 4-32 / § 4-32-109
§ 4-32-109. Mandatory functions, powers, and duties of department prescribed.
Status: in_force

(1) The department shall make rules pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, concerning the following functions, powers, and duties, in addition to those specified in Chapter 1, General Provisions, for the administration and enforcement of this chapter. (2) The department shall require antemortem and postmortem inspections, quarantine, segregation, and reinspections by inspectors appointed for those purposes with respect to the slaughter of animals and the preparation of meat and poultry products at official establishments, except as provided in Subsection 4-32-110(13). (3) The department shall require that: (a) animals be identified for inspection purposes; (b) meat or poultry products, or their containers be marked or labeled as: (i) "Utah Inspected and Passed" if, upon inspection, the products are found to be unadulterated; and (ii) "Utah Inspected and Condemned" if, upon inspection, the products are found to be adulterated; and (c) condemned animal carcasses or products, which otherwise would be used for human consumption, be destroyed under the supervision of an inspector. (4) The department shall prohibit or limit meat products, poultry products, or other materials not prepared under inspection procedures provided in this chapter, from being brought into official establishments. (5) The department shall require that labels and containers for meat and poultry products: (a) bear all information required by Section 4-32-115 if the product leaves the official establishment; and (b) be approved before sale or transportation. (6) For official establishments required to be inspected under Subsection (2), the department shall: (a) prescribe sanitary standards; (b) require sanitary inspections; and (c) refuse to provide inspection service if the sanitary conditions allow adulteration of any meat or poultry product. (7) (a) The department shall require that any person engaged in a business referred to in Subsection (7)(b): (i) keep accurate records disclosing all pertinent business transactions; (ii) allow inspection of the business premises at reasonable times and examination of inventory, records, and facilities; and (iii) allow samples to be taken. (b) Subsection (7)(a) applies to any person who: (i) slaughters animals; (ii) prepares, freezes, packages, labels, buys, sells, transports, or stores any meat or poultry products for human or animal consumption; (iii) renders animals; or (iv) buys, sells, or transports any dead, dying, disabled, or diseased animals, or parts of their carcasses that died by a method other than slaughter. (8) (a) The department shall: (i) adopt by reference rules under federal acts with changes that the commissioner considers appropriate to make the rules applicable to operations and transactions subject to this chapter; and (ii) make any other rules considered necessary for the efficient execution of the provisions of this chapter, including rules of practice providing an opportunity for hearing in connection with the issuance of orders under Subsection (6) or under Subsection 4-32-110(1), (2), or (3) and prescribing procedures for proceedings in these cases. (b) These procedures do not preclude requiring that a label or container be withheld from use, or inspection be refused under Subsection (2) or (6), or Subsection 4-32-110(3), pending issuance of a final order in the proceeding. (9) (a) To prevent the inhumane slaughtering of animals, inspectors shall be appointed to examine and inspect methods of handling and slaughtering animals. (b) Inspection of slaughtering establishments may be refused or temporarily suspended if animals have been slaughtered or handled by any method not in accordance with the Humane Methods of Slaughter Act of 1978, Pub. L. No. 95-445. (c) Before slaughtering an animal in accordance with requirements of Kosher, Halal, or a religious faith's requirements that discourage stunning of the animal, the person slaughtering the animal shall file a written request with the commissioner. (10) (a) The department shall require an animal showing symptoms of disease during antemortem inspection, performed by an inspector appointed for that purpose, to be set apart and slaughtered separately from other livestock and poultry. (b) When slaughtered, the carcasses of livestock and poultry are subject to careful examination and inspection in accordance with rules prescribed by the commissioner. (11) Subject to Subsection (14), the department shall make rules for exemptions for persons who slaughter or process fewer than 20,000 poultry during the calendar year to be no more stringent than the exemptions described in 21 U.S.C. Secs. 464(c)(1)(C), 21 U.S.C. Sec. 464(c)(3), 9 C.F.R. Sec. 381.10(a)(5), and 9 C.F.R. Secs. 381.10(b)(1) and (2). (12) Subject to Subsection (14), the department shall make rules for exemptions for persons who slaughter or process fewer than 1,000 poultry during the calendar year to be no more stringent than the exemptions described in 21 U.S.C. Sec. 464(c)(4) and 9 C.F.R. Sec. 381.10(c). (13) The department may maintain: (a) a registry of persons who slaughter or process fewer than 20,000 poultry during the calendar year; and (b) a registry of persons who slaughter or process fewer than 1,000 poultry during the calendar year. (14) The department shall make the rules described in Subsections (11) and (12) after the day on which the department receives approval from the U.S. Department of Agriculture that making the rules will preserve the state's role in meat and poultry inspections.
Utah Code § 4-46-201 — Utah Code / Title 4 / Chapter 4-46 / § 4-46-201
§ 4-46-201. Land Conservation Board.
Status: in_force

(1) There is created a Land Conservation Board consisting of: (a) the director of the Division of Conservation or the director's designee; (b) the commissioner of the Department of Agriculture and Food or the commissioner's designee; (c) the executive director of the Governor's Office of Planning and Budget, or the executive director's designee; (d) four elected officials at the local government level, two of whom may not be residents of a county of the first or second class; and (e) seven persons from the profit and nonprofit private sector: (i) two of whom may not be residents of a county of the first or second class; (ii) one of whom shall be from the residential construction industry, nominated by an association representing Utah home builders; (iii) one of whom shall be from the real estate industry, nominated by an association representing Utah realtors; (iv) one representative of an association representing farmers, selected from a list of nominees submitted by at least one association representing farmers; (v) one representative of an association representing cattlemen, selected from a list of nominees submitted by at least one association representing cattlemen; (vi) one representative of an association representing wool growers, selected from a list of nominees submitted by at least one association representing wool growers; (vii) one representative of land trusts; and (viii) one representative of an association representing conservation districts created under Title 17D, Chapter 3, Conservation District Act, selected from a list of nominees submitted by at least one association representing conservation districts. (2) (a) The governor shall appoint a board member under Subsection (1)(d) or (e) with the advice and consent of the Senate. (b) The governor shall select: (i) two of the four members under Subsection (1)(d) from a list of names provided by the Utah League of Cities and Towns; and (ii) two of the four members under Subsection (1)(d) from a list of names provided by the Utah Association of Counties. (3) (a) The term of office of a member appointed under Subsection (1)(d) or (e) is four years. (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. (c) A member of the board appointed under Subsection (1)(d) or (e) may not serve more than two consecutive four-year terms. (4) A mid-term vacancy shall be filled for the unexpired term in the same manner as an appointment under Subsection (2). (5) (a) Subject to Subsection (5)(b), board members shall elect a chair from their number and establish rules for the organization and operation of the board. (b) The board member who is chair may not vote during the board member's tenure as chair, except the chair may vote if there is a tie vote of board members. (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) A member is not required to give bond for the performance of official duties. (8) Staff services to the board shall be provided by the Division of Conservation.
Utah Code § 4-45a-103 — Utah Code / Title 4 / Chapter 4-45a / § 4-45a-103
§ 4-45a-103. Applicants.
Status: in_force

(1) An applicant for a license shall provide the name and address of any individual who has: (a) for a publicly traded company, a financial or voting interest of 10% or greater in the specialized product retailer; (b) for a privately held company, a financial or voting interest in the specialized product retailer; or (c) the power to direct or cause the management or control of the specialized product retailer. (2) The department may not issue a license to an applicant if an individual described in Subsection (1) has been convicted under state or federal law of: (a) a felony in the preceding 10 years; (b) a crime involving a nicotine containing product; or (c) after December 3, 2018, a misdemeanor or felony for drug distribution.
Utah Code § 4-10-113 — Utah Code / Title 4 / Chapter 4-10 / § 4-10-113
§ 4-10-113. Sterilization of filling material.
Status: in_force

(1) A person shall sterilize all wool, feathers, down, shoddy, hair, or other material before the material is used as filling material in new bedding, upholstered furniture, or quilted clothing. (2) The department shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules governing the appropriate method by which a person may sterilize wool, feathers, down, shoddy, hair, or other material for use in filling material, as required by Subsection (1).
Utah Code § 4-24-505 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-505
§ 4-24-505. Commissioner authorized to cooperate with local governments, other states, or federal government in enforcement.
Status: in_force

The commissioner is empowered with authority, if necessary, to cooperate or enter into cooperative agreements with authorities in any city, town, or county within the state, or with federal authorities, or with authorities in another state for the purpose of securing assistance in the administration and enforcement of this chapter.
Utah Code § 4-33-104 — Utah Code / Title 4 / Chapter 4-33 / § 4-33-104
§ 4-33-104. Administrative and enforcement powers of department.
Status: in_force

The department shall administer and enforce this chapter and may: (1) make and enforce such rules, subject to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary for the effective administration and enforcement of this chapter; (2) acquire and test motor fuel samples to determine compliance with this chapter; (3) maintain and staff a laboratory to test motor fuel samples; (4) enter public or private premises during normal working hours to enforce this chapter; (5) stop and detain any commercial vehicle transporting motor fuel to inspect the contents and applicable documents or to acquire motor fuel samples; and (6) require that records applicable to this chapter be available for examination and review upon request by the department.
Utah Code § 4-3-501 — Utah Code / Title 4 / Chapter 4-3 / § 4-3-501
§ 4-3-501. Cow share program notification.
Status: in_force

(1) A producer who is in a cow-share program, as defined in Section 4-3-102, shall notify the department of the cow-share program and include in the notification: (a) the producer's name; and (b) a valid, current address of the farm on which the milk producing hoofed mammal in the cow-share program is located. (2) Upon receipt, the department shall keep a notification of a cow-share program described in Subsection (1) on file.
Utah Code § 4-37-108 — Utah Code / Title 4 / Chapter 4-37 / § 4-37-108
§ 4-37-108. Prohibited activities.
Status: in_force

(1) Except as provided in this chapter, in the rules of the department made pursuant to Section 4-37-109, rules of the Fish Health Policy Board made pursuant to Section 4-37-503, or in the rules of the Wildlife Board governing species of aquatic animals which may be imported into, possessed, transported, or released within the state, a person may not: (a) acquire, import, or possess aquatic animals intended for use in an aquaculture or fee fishing facility; (b) transport aquatic animals to or from an aquaculture or fee fishing facility; (c) stock or propagate aquatic animals in an aquaculture or fee fishing facility; (d) harvest, transfer, or sell aquatic animals from an aquaculture or fee fishing facility; or (e) release aquatic animals into the waters of the state. (2) If a person commits an act in violation of Subsection (1) and that same act constitutes wanton destruction of protected wildlife as provided in Section 23A-5-311, the person is guilty of a violation of Section 23A-5-311.
Utah Code § 4-25-302 — Utah Code / Title 4 / Chapter 4-25 / § 4-25-302
§ 4-25-302. Release of swine or feral swine for any purpose.
Status: in_force

A person is guilty of a third degree felony if the person releases a: (1) swine on public or private property for hunting purposes; or (2) feral swine on public or private property for any purpose.
Utah Code § 4-22-202 — Utah Code / Title 4 / Chapter 4-22 / § 4-22-202
§ 4-22-202. Revenue from assessment used to promote dairy industry -- Deposit of money -- Annual audit of books, records, and accounts -- Annual financial report to producers.
Status: in_force

(1) The revenue derived from the assessment imposed by Section 4-22-201 shall be used exclusively for the: (a) administration of this chapter; and (b) promotion of the state's dairy industry. (2) The commission may deposit the proceeds of the assessment in one or more accounts in one or more banks approved by the state as depositories. (3) (a) The commission shall keep a voucher, receipt, or other written record for each withdrawal from the commission accounts. (b) Money may not be withdrawn from the commission accounts except: (i) upon order of the commission; or (ii) pursuant to a procedure adopted by the commission if the withdrawal is subsequently ratified by the commission. (4) The books, records, and accounts of the commission's activities are public records. (5) (a) The accounts of the commission shall be audited once annually by a licensed accountant selected by the commission and approved by the state auditor. (b) The results of the audit shall be submitted to the: (i) commissioner; (ii) commission; and (iii) Division of Finance. (c) The commission shall send annually a financial report to each producer.
Utah Code § 4-22-108 — Utah Code / Title 4 / Chapter 4-22 / § 4-22-108
§ 4-22-108. Commission may require crime insurance -- Payment of premium.
Status: in_force

(1) The commission may require the administrator or a commission employee to obtain crime insurance in relation to the administrator's or employee's duties. (2) The commission shall set the amount of crime insurance required and pay the premium.
Utah Code § 4-39-306 — Utah Code / Title 4 / Chapter 4-39 / § 4-39-306
§ 4-39-306. Inspection before movement, sale, or slaughter.
Status: in_force

(1) Each domesticated elk facility licensee shall have the domesticated elk inspected by the department before sale or slaughter. (2) Except as provided by Section 4-39-305, any person transporting or possessing domesticated elk or domesticated elk products shall have the appropriate brand inspection certificate in the person's possession.
Utah Code § 4-2-903 — Utah Code / Title 4 / Chapter 4-2 / § 4-2-903
§ 4-2-903. Animal care violations.
Status: in_force

(1) "Animal care facility" means the same as that term is defined in Section 76-13-215. (2) The department may, in accordance with this section and as resources allow, respond to a complaint that an animal care facility has violated Subsection 76-13-202(2)(a) or Section 76-13-215. (3) If the department determines that a person has violated Subsection 76-13-202(2)(a) or Section 76-13-215, the department may: (a) impose a civil fine of up to $500 per violation; (b) seek a temporary restraining order; (c) seek an injunction; (d) seek an order of seizure or condemnation for an animal that is the subject of the violation, if the department has identified a suitable animal care facility that accepts custody of the animal; or (e) report the circumstances to law enforcement or a prosecutor. (4) An action by the department under Subsection (3) may precede and does not preclude a criminal penalty or criminal prosecution under Section 76-13-202, 76-13-203, 76-13-204, or 76-13-215. (5) The department shall deposit a fine imposed under Subsection (3) into the General Fund as a dedicated credit to be used by the department for enforcement of this section.
Utah Code § 4-3-606 — Utah Code / Title 4 / Chapter 4-3 / § 4-3-606
§ 4-3-606. Foodborne illness outbreak -- Cease and desist.
Status: in_force

(1) (a) Nothing in this chapter shall impede the Department of Health and Human Services or the department in an investigation of a foodborne illness outbreak. (b) Notwithstanding Subsection (1)(a), if the Department of Health and Human Services or the department uses a survey to determine whether there is a foodborne illness outbreak linked to raw milk or a raw milk product, the survey shall include questions that probe the common sources of the implicated pathogen for the foodborne illness outbreak. (2) (a) The department shall issue a cease and desist order to a producer prohibiting the sale of raw milk or a raw milk product if after the investigation of a foodborne illness outbreak the department links the foodborne illness outbreak to a producer pending testing required by Subsection (4). (b) For purposes of the cease and desist order, to positively link a producer to a foodborne illness outbreak, the department shall produce evidence from the investigation under Subsection (1) that the foodborne illness outbreak originated with the producer's raw milk or raw milk product. (c) A producer who receives a cease and desist order from the department shall stop the sale of the raw milk product named in the cease and desist order. (3) (a) Subject to the requirements of Subsection (3)(b), the following may notify the public of a foodborne illness outbreak linked to raw milk or a raw milk product: (i) the department; (ii) the Department of Health and Human Services in accordance with Section 26B-1-202; and (iii) a local health department. (b) Before an agency listed in Subsection (3)(a) may publicly disclose a producer's name or identifying information, the department shall notify the producer that the department has linked the producer to a foodborne illness outbreak with a positive whole genome sequencing test. (c) Before publicly disclosing a producer's name or identifying information under Subsection (3)(b), the Department of Health and Human Services or a local health department shall verify that the department notified the producer that the department has linked the producer to a foodborne illness with a positive whole genome sequencing test. (4) (a) A cease and desist order shall remain in effect until the department: (i) verifies that the producer who is subject to the cease and desist order adheres to this part and has three consecutive tests of the raw milk product that show that the raw milk product meets the standards described in Subsections 4-3-603(1) and (2) and is free of the pathogens listed in Subsection 4-3-603(3); or (ii) receives a genome sequencing test result that demonstrates that the producer's raw milk product is not linked to the foodborne illness outbreak that is the subject of the cease and desist order. (b) The department shall notify a producer who is subject to a cease and desist order that the cease and desist order is not in effect within one working day of the conditions of Subsection (4)(a) being met. (5) (a) The department shall collect a sample within two working days of issuing a cease and desist order for the purpose of the department testing or submitting the sample to a laboratory for testing, at the discretion of the producer: (i) for purposes of testing for a pathogen listed in Subsection 4-3-603(3); and (ii) if the department wants to publicly disclose a producer's name or identifying information under Subsection (3), whole genome sequencing testing. (b) For purposes of a test described in Subsection (4)(a)(i), the department shall collect a sample for each test within two working days of the producer requesting that a sample be collected. (c) The time between the department collecting the sample under Subsection (5)(a)(ii) and the department notifying the producer of whole genome sequencing test results may not exceed 15 working days unless, before the 15-working day period expires, the department notifies the producer in writing that the department requires additional time to notify the producer of the whole genome sequencing test results. (d) (i) Upon the producer's request and the producer being liable for the costs of the second laboratory, the department shall have the sample collected under Subsection (5)(a) analyzed by two laboratories. (ii) The producer shall select the second laboratory from a list of laboratories approved by the department. (6) Upon written request by a producer with a cease and desist order, the department shall provide the producer information on how to request a hearing regarding the department's decision to issue the cease and desist order.
Utah Code § 4-9-107 — Utah Code / Title 4 / Chapter 4-9 / § 4-9-107
§ 4-9-107. Adopting uniform packaging and labeling regulation.
Status: in_force

Unless modified by the department, the Uniform Packaging and Labeling Regulation, adopted by the National Council on Weights and Measures in Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality, National Institute of Standards and Technology, shall apply to packaging and labeling in the state.
Utah Code § 4-24-102 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-102
§ 4-24-102. Definitions.
Status: in_force

As used in this chapter: (1) "Brand" means an identifiable mark applied to livestock, including a cutting and shaping of the ears or brisket area, that is intended to show ownership and the mark's location. (2) "Carcass" means any part of the body of an animal, including entrails and edible meats. (3) "Domesticated elk" means the same as that term is defined in Section 4-39-102. (4) "Hide" means any skins or wool removed from livestock. (5) "Livestock" means cattle, calves, horses, mules, or sheep. (6) (a) "Livestock market" means a public market place consisting of pens or other enclosures where cattle, calves, horses, or mules are received on consignment and kept for subsequent sale, either through public auction or private sale. (b) "Livestock market" does not mean: (i) a place used solely for liquidation of livestock by a farmer, dairyman, livestock breeder, or feeder who is going out of business; or (ii) a place where an association of livestock breeders under the association's own management: (A) offers registered livestock or breeding sires for sale; (B) assumes the responsibility for the sale; (C) guarantees title to the livestock or sires sold; and (D) arranges with the department for brand inspection of the animals sold. (7) "Open range" means land upon which cattle, sheep, or other domestic animals are grazed or permitted to roam by custom, license, lease, or permit. (8) "Slaughterhouse" means a building, plant, or establishment where animals are harvested, dressed, or processed and the animals' meat or meat products produced for human consumption.
Utah Code § 4-10-104 — Utah Code / Title 4 / Chapter 4-10 / § 4-10-104
§ 4-10-104. Manufacture, repair, or wholesale sale of bedding, upholstered furniture, quilted clothing, or filling material -- Permit required.
Status: in_force

(1) It is unlawful for a person to engage in the manufacture, repair, or wholesale sale of bedding, upholstered furniture, quilted clothing, or filling material without a permit issued by the department. (2) Notwithstanding Subsection (1), a person may engage in the repair of quilted clothing without a permit issued by the department if that person is not otherwise required to obtain a permit issued by the department under this chapter or by department rule.
Utah Code § 4-41a-301 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-301
§ 4-41a-301. Cannabis production establishment agent -- Registration.
Status: in_force

(1) An individual may not act as a cannabis production establishment agent unless the department registers the individual as a cannabis production establishment agent, regardless of whether the individual is a seasonal, temporary, or permanent employee. (2) The following individuals, regardless of the individual's status as a recommending medical provider, may not serve as a cannabis production establishment agent, have a financial or voting interest of 2% or greater in a cannabis production establishment, or have the power to direct or cause the management or control of a cannabis production establishment: (a) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act; (b) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act; (c) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or (d) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act. (3) An independent cannabis testing laboratory agent may not act as an agent for a medical cannabis pharmacy, a medical cannabis courier, a cannabis processing facility, or a cannabis cultivation facility. (4) (a) The department shall, within 15 business days after the day on which the department receives a complete application from a prospective cannabis production establishment agent, register and issue a cannabis production establishment agent registration card to the prospective agent if the prospective agent: (i) provides to the department: (A) the prospective agent's name and address; (B) which cannabis production establishment agent designations the applicant desires; and (C) the submission required under Subsection (4)(b); and (ii) pays a fee to the department 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 (4)(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 (4)(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 (4)(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 (4)(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 (4)(d)(i) to the Bureau of Criminal Identification. (5) (a) The department shall designate, on an individual's cannabis production establishment agent registration cardthe type of cannabis production establishment for which the individual is authorized to act as an agent. (b) When issuing a card under Subsection (5)(a) the department: (i) may issue a cannabis production establishment agent registration card that contains both a cannabis processing facility designation and a cannabis cultivator facility designation; and (ii) if the cannabis production establishment agent registration card will contain an independent cannabis testing laboratory designation, may not include any other designations. (6) A cannabis production establishment agent shall comply with: (a) a certification standard that the department develops; or (b) a certification standard that the department has reviewed and approved. (7) (a) The department shall ensure that the certification standard described in Subsection (6) includes training: (i) in Utah medical cannabis law; (ii) for a cannabis cultivation facility agent, in cannabis cultivation best practices; (iii) for a cannabis processing facility agent, in cannabis processing, manufacturing safety procedures for items for human consumption, and sanitation best practices; and (iv) for an independent cannabis testing laboratory agent, in cannabis testing best practices. (b) The department shall review the training described in Subsection (7)(a) annually or as often as necessary to ensure compliance with this section. (8) For an individual who holds or applies for a cannabis production establishment agent registration card: (a) the department may revoke or refuse to issue the card if the individual violates the requirements of this chapter; and (b) the department shall revoke or refuse to issue the card if the individual is convicted under state or federal law of: (i) a felony in the preceding 10 years; or (ii) after December 3, 2018, a misdemeanor for drug distribution. (9) (a) A cannabis production establishment agent registration card expires two years after the day on which the department issues the card. (b) A cannabis production establishment agent may renew the agent's registration card if the agent: (i) is eligible for a cannabis production establishment registration card under this section; (ii) certifies to the department in a renewal application that the information in Subsection (4)(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. (10) A cannabis production establishment shall: (a) maintain a list of each employee that holds a cannabis production establishment agent registration card; and (b) provide the list to the department upon request.
Utah Code § 4-20-105 — Utah Code / Title 4 / Chapter 4-20 / § 4-20-105
§ 4-20-105. Rangeland Improvement Account -- Administered by department.
Status: in_force

(1) (a) There is created a restricted account within the General Fund known as the "Rangeland Improvement Account." (b) The restricted account shall consist of: (i) money received by the state from the United States Secretary of Interior under the Taylor Grazing Act, 43 U.S.C. Section 315 et seq., for sales, leases, and fees; (ii) grants or appropriations from the state or federal government; and (iii) grants from private foundations. (c) Interest earned on the restricted account shall be deposited into the General Fund. (2) The department shall: (a) administer the restricted account; (b) obtain from the United States Department of Interior the receipts collected from: (i) fees in each grazing district; and (ii) the receipts collected from the sale or lease of public lands; and (c) distribute restricted account money in accordance with Section 4-20-106.
Utah Code § 4-45-107 — Utah Code / Title 4 / Chapter 4-45 / § 4-45-107
§ 4-45-107. Rulemaking.
Status: in_force

(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules for the administration and enforcement of this chapter. (2) The rules described in Subsection (1) shall include standards for a registered kratom product, including standards for: (a) testing to ensure the product is safe for human consumption; (b) accurate labeling; and (c) any other issue the department considers necessary.
Utah Code § 4-39-501 — Utah Code / Title 4 / Chapter 4-39 / § 4-39-501
§ 4-39-501. 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 licenses as determined by the department.
Utah Code § 4-16-202 — Utah Code / Title 4 / Chapter 4-16 / § 4-16-202
§ 4-16-202. Distribution of seeds -- Germination tests required -- Date to appear on label -- Seed to be free of noxious weed seed -- Special requirements for treated seeds -- Prohibitions.
Status: in_force

(1) A person in this state may not offer or expose for sale or sowing any seed for sprouting or any agricultural, vegetable, flower, or tree and shrub seed unless: (a) (i) for agricultural seed, including mixtures of agricultural seed: (A) a test to determine the percentage of germination has been performed within 18 months, exclusive of the month the seed is tested and the date the seed is offered for sale; and (B) the date of the test appears on the label; (ii) for vegetable, flower, or tree and shrub seed or seed for sprouting: (A) a test to determine the percentage of germination has been performed within 12 months, exclusive of the month the seed is tested and the date the seed is offered for sale; and (B) the date of the test appears on the label; (iii) for hermetically sealed agricultural, vegetable, flower, or tree and shrub seed: (A) a test to determine the percentage of germination has been performed within 36 months, exclusive of the month the seed is tested and the date the seed is offered for sale, or the seed have been retested for germination within nine months, exclusive of the month the seed is retested and the date the seed are offered or exposed for sale; and (B) the date of the test appears on the label; (b) the package or other container is truthfully labeled and in accordance with Section 4-16-201; and (c) the seed is free of noxious weed seed, subject to any tolerance as may be prescribed by the department through rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (2) The label on any package or container of an agricultural, vegetable, flower, lawn and turf, or tree and shrub seed or seed mixture that has been treated and for which a claim is made on account of the treatment, in addition to the labeling requirements specified in Section 4-16-201, shall: (a) state that the seed have been treated; (b) state the commonly accepted name, generic chemical name, or abbreviated chemical name of the substance used for treatment; (c) state the date beyond which the inoculant is not considered effective, if the seed is treated with an inoculant; and (d) (i) include a caution statement consistent with rules of the department if the treatment substance remains with the seed in an amount which is harmful to vertebrate animals; and (ii) subject to Subsection (2)(d)(i), state in a caution statement for mercurials and similarly toxic substances, as defined by rule of the department, that the seed has been treated with poison with "POISON" printed in red letters on a background of distinctly contrasting color together with a representation of the skull and crossbones. (3) A person may not: (a) use the word "trace" as a substitute for a statement required under this chapter; (b) disseminate any false or misleading advertisement about agricultural, vegetable, flower, or tree and shrub seed or seed for sprouting; or (c) detach, alter, or destroy any label or substitute any seed in a manner that defeats the purpose of this chapter.
Utah Code § 4-4a-104 — Utah Code / Title 4 / Chapter 4-4a / § 4-4a-104
§ 4-4a-104. Confinement exemptions.
Status: in_force

Section 4-4a-103 does not apply to an egg-laying hen: (1) used for medical research; (2) during examination, testing, individual treatment, or operation for veterinary purposes, but only if performed by or under the direct supervision of a licensed veterinarian; (3) during transportation; (4) at state or county fair exhibitions, 4-H programs, and similar exhibitions; (5) during slaughter conducted in accordance with applicable laws, rules, and regulations; or (6) kept for temporary animal husbandry purposes of no more than six hours in any 24-hour period and no more than 24 hours total in any 30-day period.
Utah Code § 4-21-202 — Utah Code / Title 4 / Chapter 4-21 / § 4-21-202
§ 4-21-202. Refund of fees allowed -- Claim for refund to be filed with department -- Payment of refunds.
Status: in_force

(1) A person who objects to payment of the assessed fee may file a claim with the department within 60 days after the fee is collected. (2) A claim for refund is not allowed if it is filed more than 60 days after the date the fee is collected. (3) Each claim for a refund shall be certified by the department to the state treasurer for payment from the beef promotion account, subject to applicable provisions of the Beef Promotion and Research Act of 1985, 7 U.S.C. Sec. 2901 et seq.
Utah Code § 4-11-116 — Utah Code / Title 4 / Chapter 4-11 / § 4-11-116
§ 4-11-116. Regulation of beekeeping reserved to state -- Exceptions -- Rulemaking authorized.
Status: in_force

(1) As used in this section, "governmental entity" means the same as that term is defined in Section 11-13a-102. (2) Except as authorized by Subsection (3), a governmental entity may not adopt or enforce any restriction related to the raising of bees on private property that is more restrictive than the restrictions in this chapter. (3) A governmental entity may adopt and enforce a restriction related to the number and location of hives on property within the governmental entity's jurisdiction if the restriction complies with the department's rules described in Subsection (4). (4) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for governmental entities to follow when adopting beekeeping restrictions in the governmental entity's jurisdiction related to: (a) the number of hives permitted on a property; (b) the location of hives on a property; and (c) any locations unsuitable for beekeeping. (5) This section does not restrict or expand private property rights.
Utah Code § 4-13-110 — Utah Code / Title 4 / Chapter 4-13 / § 4-13-110
§ 4-13-110. Department may make and enforce rules -- Cooperation with state and federal agencies authorized.
Status: in_force

(1) (a) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and enforce the rules to administer and enforce this chapter. (b) The department shall by rule adopt the official terms, tables, definitions, and statements adopted by the Association of American Plant Food Control officials and published in the official publications of that organization. (2) The department may enter into agreements with other agencies of the state, other states, and agencies of the federal government to administer and enforce this chapter.
Utah Code § 4-15-111 — Utah Code / Title 4 / Chapter 4-15 / § 4-15-111
§ 4-15-111. Infested or diseased stock not to be offered for sale -- Identification of "nonestablished container stock" -- Requirements for container stock -- Inspected and certified stock only to be offered for sale -- Prohibition against coating aerial plant surfaces.
Status: in_force

(1) Nursery stock that is infested with plant pests, including noxious weeds, or infected with disease or that does not meet minimum indices of vitality may not be offered for sale. (2) All nonestablished container stock offered for sale shall be identified by the words "nonestablished container stock" legibly printed on a water resistant tag that states the length of time the stock has been planted or the date the stock was planted and may not be offered for sale in any manner that leads a purchaser to believe the stock is container stock. (3) All container stock offered for sale shall be established with a root-media mass that will retain its shape and hold together when removed from the container. (4) No nursery stock other than officially inspected and certified stock shall be offered for wholesale or retail sale in this state. (5) Colored waxes or other materials that coat the aerial parts of a plant and change the appearance of the plant surface are prohibited.
Utah Code § 4-3-609 — Utah Code / Title 4 / Chapter 4-3 / § 4-3-609
§ 4-3-609. Exemption for small producers.
Status: in_force

(1) Except as provided in Subsection (2), notwithstanding the other provisions of this part, a producer may manufacture, distribute, sell, deliver, hold, store, or offer for sale raw milk or a raw milk product without obtaining a permit or complying with this part if: (a) the producer produces 500 gallons of raw milk or less in a month that the producer: (i) maintains as raw milk; or (ii) uses to produce a raw milk product; and (b) the producer sells and delivers the raw milk or raw milk product upon the premises where the raw milk or raw milk product is produced. (2) A producer exempt from this part under Subsection (1): (a) is subject to Section 4-3-606; and (b) shall notify the department of the producer's intent to operate under the exemption of Subsection (1) by providing the department: (i) the producer's name; and (ii) a valid, current address of the location where the producer is operating under the exemption of Subsection (1).
Utah Code § 4-8-106 — Utah Code / Title 4 / Chapter 4-8 / § 4-8-106
§ 4-8-106. Procedure for enforcement -- Notice of agency action -- Cease and desist order -- Enforcement -- Judicial review.
Status: in_force

(1) (a) Whenever the department has reason to believe that a person has, or is, engaged in the violation of this chapter, it shall issue a notice of agency action. (b) If the commissioner, or a hearing officer designated by the commissioner, determines by a preponderance of the evidence that any person named in the complaint has engaged, or is engaging, in an act that violates this chapter, the officer shall: (i) prepare written findings of fact; and (ii) issue an order requiring the person to cease and desist from the illegal activity. (2) The department may petition any court of competent jurisdiction for enforcement of its cease and desist order. (3) Any person who is subject to a cease and desist order may obtain judicial review. (4) The attorney general's office shall represent the department in any original action or appeal begun under this section.
Utah Code § 4-32-108 — Utah Code / Title 4 / Chapter 4-32 / § 4-32-108
§ 4-32-108. Duties of person who holds a farm custom slaughter license.
Status: in_force

Each person who holds a farm custom slaughter license shall: (1) keep accurate records of each animal or a nonamenable species slaughtered, including: (a) the name, address, and telephone number of each person for whom the animal or a nonamenable species is slaughtered; (b) a full description of each animal or a nonamenable species slaughtered including age, brands, marks, or other identifying marks, proof of ownership, and the destination of the carcass for processing; and (c) the date of slaughter; (2) require that each animal presented for slaughter bear a farm custom slaughter NOT FOR SALE tag; (3) render the animal to be slaughtered insensible to pain by captive bolt, gunshot, electric shock, or other humane means before it is shackled, hoisted, thrown, cast, or cut; and (4) stamp and tag the carcass of any slaughtered animal "Not For Sale."
Utah Code § 4-3-610 — Utah Code / Title 4 / Chapter 4-3 / § 4-3-610
§ 4-3-610. Severability.
Status: in_force

(1) If any section, subsection, or provision of this part or the application of any section, subsection, or provision to any person or circumstance is held invalid by a final decision of a court with jurisdiction, the remainder of the part may not be given effect without the invalid section, subsection, provision, or application. (2) The provisions of this part may not be severed.
Utah Code § 4-41a-105 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-105
§ 4-41a-105. Agreement with a tribe.
Status: in_force

(1) As used in this section, "tribe" means a federally recognized Indian tribe or Indian band. (2) (a) In accordance with this section, the governor may enter into an agreement with a tribe to allow for the operation of a cannabis production establishment or a medical cannabis pharmacy on tribal land located within the state. (b) An agreement described in Subsection (2)(a) may not exempt any person from the requirements of this chapter. (c) The governor shall ensure that an agreement described in Subsection (2)(a): (i) is in writing; (ii) is signed by: (A) the governor; and (B) the governing body of the tribe that the tribe designates and has the authority to bind the tribe to the terms of the agreement; (iii) states the effective date of the agreement; (iv) provides that the governor shall renegotiate the agreement if the agreement is or becomes inconsistent with a state statute; and (v) includes any accommodation that the tribe makes: (A) to which the tribe agrees; and (B) that is reasonably related to the agreement. (d) Before executing an agreement under this Subsection (2), the governor shall consult with the department. (e) At least 30 days before the execution of an agreement described in this Subsection (2), the governor or the governor's designee shall provide a copy of the agreement in the form in which the agreement will be executed to: (i) the chairs of the Native American Legislative Liaison Committee; and (ii) the Office of Legislative Research and General Counsel.
Utah Code § 4-41a-1105 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-1105
§ 4-41a-1105. Local control.
Status: in_force

(1) The operation of a medical cannabis pharmacy: (a) shall be a permitted use: (i) in any zone, overlay, or district within the municipality or county except for a primarily residential zone; and (ii) on land that the municipality or county has not zoned; and (b) is subject to the land use regulations, as defined in Sections 10-20-102 and 17-79-102, that apply in the underlying zone. (2) A municipality or county may not: (a) on the sole basis that the applicant or medical cannabis pharmacy violates federal law regarding the legal status of cannabis, deny or revoke: (i) a land use permit, as that term is defined in Sections 10-20-102 and 17-79-102, to operate a medical cannabis pharmacy; or (ii) a business license to operate a medical cannabis pharmacy; (b) require a certain distance between a medical cannabis pharmacy and: (i) another medical cannabis pharmacy; (ii) a cannabis production establishment; (iii) a retail tobacco specialty business, as that term is defined in Section 26B-7-506; or (iv) an outlet, as that term is defined in Section 32B-1-202; or (c) in accordance with Sections 10-20-902 and 17-79-803, enforce a land use regulation against a medical cannabis pharmacy that was not in effect on the day on which the medical cannabis pharmacy submitted a complete land use application. (3) (a) A municipality or county may enact an ordinance that: (i) is not in conflict with this chapter; and (ii) governs the time, place, or manner of medical cannabis pharmacy operations in the municipality or county. (b) An ordinance that a municipality or county enacts under Subsection (3)(a) may not restrict the hours of operation from 7 a.m. to 10 p.m. (4) An applicant for a land use permit to operate a medical cannabis pharmacy shall comply with the land use requirements and application process described in: (a) Title 10, Chapter 20, Municipal Land Use, Development, and Management Act, including Section 10-20-614; and (b) Title 17, Chapter 79, County Land Use, Development, and Management Act, including Section 17-79-610.
Utah Code § 4-21-106 — Utah Code / Title 4 / Chapter 4-21 / § 4-21-106
§ 4-21-106. Exemption from certain operational requirements.
Status: in_force

(1) The council is exempt from: (a) Title 51, Chapter 5, Funds Consolidation Act; (b) Title 63A, Utah Government Operations Code; (c) Title 63G, Chapter 6a, Utah Procurement Code, but the council shall adopt procedures to ensure that the council makes purchases: (i) in a manner that provides for fair competition between providers; and (ii) at competitive prices; (d) Title 63J, Chapter 1, Budgetary Procedures Act; and (e) Title 63A, Chapter 17, Utah State Personnel Management Act. (2) The council is subject to: (a) Title 51, Chapter 7, State Money Management Act; (b) Title 52, Chapter 4, Open and Public Meetings Act; (c) Section 67-3-12; (d) Title 63G, Chapter 2, Government Records Access and Management Act; (e) other Utah Code provisions not specifically exempted under Subsection 4-21-106(1); and (f) audit by the state auditor pursuant to Title 67, Chapter 3, Auditor, and by the legislative auditor pursuant to Section 36-12-15.
Utah Code § 4-19-105 — Utah Code / Title 4 / Chapter 4-19 / § 4-19-105
§ 4-19-105. Utah Rural Rehabilitation Fund.
Status: in_force

(1) The department shall deposit all income generated from the administration of the rural rehabilitation program in a separate fund known as the "Utah Rural Rehabilitation Fund." (2) The Division of Finance shall maintain the Utah Rural Rehabilitation Fund and record all debits and credits made to the fund by the department. (3) The Office of the Treasurer shall deposit interest and other earnings derived from investment of money in the Utah Rural Rehabilitation Fund into the fund.
Utah Code § 4-39-204 — Utah Code / Title 4 / Chapter 4-39 / § 4-39-204
§ 4-39-204. Inspection of domesticated elk.
Status: in_force

Following the issuance of a license, the licensee shall have each domesticated elk inspected within 60 days following the stocking of the facility.
Utah Code § 4-41a-603 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-603
§ 4-41a-603. Cannabis product -- Product quality.
Status: in_force

(1) A cannabis processing facility: (a) may not produce a cannabis product in a physical form that: (i) the facility knows or should know appeals to children; (ii) is designed to mimic or could be mistaken for a candy product; or (iii) for a cannabis product used in vaporization, includes a candy-like flavor or another flavor that the facility knows or should know appeals to children; (b) notwithstanding Subsection (1)(a)(iii), may produce a concentrated oil with a flavor that the department approves to facilitate minimizing the taste or odor of cannabis; and (c) shall ensure that batch heavy metal testing is conducted on any vaporizer cartridge that is used with a cannabis product. (2) A cannabis product may vary in the cannabis product's labeled cannabinoid profile by up to 10% of the indicated amount of a given cannabinoid, by weight. (3) A cannabis processing facility shall isolate any artificially derived cannabinoid to a purity of greater than 95%, as determined by an independent cannabis testing laboratory using liquid chromatography-mass spectroscopy or an equivalent method. (4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to: (a) adopt human safety standards for the manufacturing of cannabis products that are consistent with best practices for the use of cannabis; and (b) further define standards regarding products that may appeal to children under Subsection (1)(a). (5) Nothing in this section prohibits a sugar coating on a gelatinous cube, gelatinous rectangular cuboid, or lozenge to mask the product's taste, subject to the limitations on form and appearance described in Subsections (1)(a) and (4)(b).
Utah Code § 4-12-108 — Utah Code / Title 4 / Chapter 4-12 / § 4-12-108
§ 4-12-108. Unlawful acts specified.
Status: in_force

A person in this state may not: (1) manufacture or distribute adulterated or misbranded commercial feed; (2) adulterate or misbrand any commercial feed; (3) distribute agricultural products such as whole seed, hay, straw, stover, silage, cobs, husks, or bulbs that are adulterated; (4) remove or dispose of any commercial feed in violation of a "stop sale, use, or removal order"; (5) distribute any commercial feed that is not registered or any customer-formula feed that is not licensed; or (6) reuse a bag or tote previously used for commercial feed, including customer-formula feed, unless the user: (a) appropriately cleans the bag or tote; and (b) documents the clean-out procedure used on the bag or tote.
Utah Code § 4-11-106 — Utah Code / Title 4 / Chapter 4-11 / § 4-11-106
§ 4-11-106. Hives to have removable frames -- Consent of county bee inspector to sell or transport diseased bees.
Status: in_force

(1) A person may not house or keep bees in a hive unless the hive is equipped with movable frames to all the hive's parts so that access to the hive can be had without difficulty. (2) No person who owns or has possession of bees (whether queens or workers) with knowledge that they are infected with terminal disease, parasites, or pests, or with knowledge that they have been exposed to terminal disease, parasites, or pests, shall sell, barter, give away, or move the bees, colonies, or apiary equipment without the consent of the county bee inspector or the department.
Utah Code § 4-18-307 — Utah Code / Title 4 / Chapter 4-18 / § 4-18-307
§ 4-18-307. Producer and landowner information - confidentiality.
Status: in_force

(1) With regard to information that constitutes a record under Title 63G, Chapter 2, Government Records Access and Management Act, notwithstanding that act, the department may not disclose a record, including analyses or a map, compiled or maintained pursuant to this part that is related to private lands and identify, or allow to be identified, the agricultural practices of a specific Utah landowner or producer. (2) In determining whether a record may be released, private interests are presumed to outweigh the public interest in disclosure. (3) Summary or aggregated data that does not specifically identify agricultural practices of an individual landowner or producer is not subject to this section.
Utah Code § 4-9-115 — Utah Code / Title 4 / Chapter 4-9 / § 4-9-115
§ 4-9-115. Advertisement of packaged commodity sales -- Requirements.
Status: in_force

(1) An advertisement that promotes a packaged commodity with the retail price stated shall plainly and conspicuously advertise the quantity required to appear on the package. (2) If a dual quantity declaration is required by law, only the declaration that sets forth the quantity in terms of the smaller unit of weight or measure shall appear in the advertisement.
Utah Code § 4-32a-201 — Utah Code / Title 4 / Chapter 4-32a / § 4-32a-201
§ 4-32a-201. Definitions.
Status: in_force

As used in this part: (1) "Antemortem inspection" means the inspection of live domesticated game immediately before slaughter. (2) "Domesticated game" means one of the following that is commercially raised for wholesale or retail sale to a restaurant, store, or end consumer: (a) a domesticated elk; (b) a bison; (c) a game bird; or (d) a rabbit. (3) "Domesticated game carcass" means any part of the slaughtered body of domesticated game, including entrails and edible meats. (4) "Domesticated game slaughter" means the slaughter of domesticated game that is not regulated under Chapter 32, Utah Meat and Poultry Products Inspection and Licensing Act. (5) "End consumer" means an individual who: (a) purchases a product directly from an agricultural operation or a facility licensed to perform custom exempt processing, as defined in Section 4-32-105; and (b) does not resell the purchased product. (6) "Farm custom slaughter license" means a farm custom slaughter license issued under Section 4-32-107. (7) "Postmortem inspection" means the inspection of a domesticated game carcass after slaughter. (8) "Process" means to cut, grind, manufacture, compound, smoke, intermix, or prepare products from a domesticated game carcass. (9) "Slaughter" means killing domesticated game in a humane manner, including skinning or dressing. (10) "Veterinarian" means a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act, who has successfully completed formal training in antemortem inspection and postmortem inspection. (11) "Veterinarian designee" means an individual designated by a veterinarian as successfully completing formal training in antemortem inspection and postmortem inspection.
Utah Code § 4-39-107 — Utah Code / Title 4 / Chapter 4-39 / § 4-39-107
§ 4-39-107. Powers of state veterinarian.
Status: in_force

(1) The state veterinarian shall: (a) set up periodic or ongoing surveillance programs considered necessary for: (i) the recognition, control, monitoring, and elimination of infectious diseases and parasites; and (ii) monitoring genetic purity; and (b) quarantine or make any disposition of diseased animals that the state veterinarian considers necessary for the control or eradication of that disease. (2) In carrying out the state veterinarian's duties under this section, the state veterinarian may impose reasonable restrictions, as determined by the department, on the transfer of domesticated elk to or from a domesticated elk herd for a limited time for the purpose of conducting a health risk assessment for the domesticated elk herd. (3) Within 30 calendar days after the day on which the state veterinarian begins an animal disease traceability investigation for a domesticated elk herd, the state veterinarian shall provide written notice to an owner of the domesticated elk facility of: (a) the status of the animal disease traceability investigation, including any findings; and (b) the owner's right to appeal. (4) The state veterinarian may not: (a) quarantine a domesticated elk facility unless a domesticated elk at the domesticated elk facility has, within the previous 60 months: (i) tested positive for a disease spreading pathogen; or (ii) commingled with a domesticated elk in a quarantined domesticated elk facility; (b) continue a previously ordered domesticated elk facility quarantine if an animal disease traceability investigation finds that: (i) a suspect domesticated elk was not commingled with a domesticated elk that tested positive for a disease spreading pathogen in the 60 months before the day on which the state veterinarian begins the investigation; or (ii) no suspect domesticated elk resides at the domesticated elk facility; or (c) restrict the movement of a domesticated elk in transport to an elk ranch or slaughter facility.
Utah Code § 4-34-105 — Utah Code / Title 4 / Chapter 4-34 / § 4-34-105
§ 4-34-105. Inspection of donated food.
Status: in_force

The county may provide for the inspection of donated agricultural products by the county health officer upon the request of the donee nonprofit charitable organization to determine whether the products are fit for human consumption.
Utah Code § 4-30-106 — Utah Code / Title 4 / Chapter 4-30 / § 4-30-106
§ 4-30-106. Hearing on license application -- Notice of hearing.
Status: in_force

(1) Upon the filing of an application, the department may set a time for hearing on the application in the city or town nearest the proposed site of the livestock market and cause notice of the time and place of the hearing together with a copy of the application to be forwarded by mail, not less than 15 days before the hearing date, to the following: (a) each licensed livestock market operator within the state; and (b) each livestock or other interested association or group of persons in the state that has filed written notice with the department requesting receipt of notice of such hearings. (2) Notice of the hearing shall be published for 14 days before the scheduled hearing date, as a class A notice under Section 63G-30-102, for the city or town where the hearing is scheduled.
Utah Code § 4-31-109 — Utah Code / Title 4 / Chapter 4-31 / § 4-31-109
§ 4-31-109. Department authorized to make and enforce rules concerning brucellosis, trichomoniasis, tuberculosis, and other infectious diseases in livestock.
Status: in_force

(1) The department may: (a) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to control and eradicate brucellosis, trichomoniasis, tuberculosis, and other infectious diseases in livestock; and (b) enforce the rules described in Subsection (1)(a). (2) The department shall, in making the rules described in Subsection (1)(a), protect against negative impact on the interstate or intrastate commerce of livestock that is transferred, sold, or exhibited.
Utah Code § 4-45-106 — Utah Code / Title 4 / Chapter 4-45 / § 4-45-106
§ 4-45-106. Civil action available.
Status: in_force

In addition to and distinct from any other remedy at law, an individual may bring a civil action, in a competent court of jurisdiction, for damages resulting from a violation of this chapter, including economic, noneconomic, or consequential damages.
Utah Code § 4-47-204 — Utah Code / Title 4 / Chapter 4-47 / § 4-47-204
§ 4-47-204. Elimination from private property on request.
Status: in_force

Abandoned horses may be eliminated from privately owned land by the county executive in the same manner as from the open range when requested so to do by the owner of such land.
Utah Code § 4-41a-1203 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-1203
§ 4-41a-1203. Medical cannabis shipment transportation.
Status: in_force

(1) The department shall ensure that each home delivery medical cannabis pharmacy is capable of delivering, directly or through a medical cannabis courier, medical cannabis shipments in a secure manner. (2) (a) A home delivery medical cannabis pharmacy may contract with a licensed medical cannabis courier to deliver medical cannabis shipments to fulfill electronic medical cannabis orders. (b) If a home delivery medical cannabis pharmacy enters into a contract described in Subsection (2)(a), the pharmacy shall: (i) impose security and personnel requirements on the medical cannabis courier sufficient to ensure the security and safety of medical cannabis shipments; and (ii) provide regular oversight of the medical cannabis courier. (3) Notwithstanding Subsection 4-41a-404(1), an individual may transport a medical cannabis shipment if the individual is: (a) a registered pharmacy medical provider; (b) a registered medical cannabis pharmacy agent; or (c) a registered agent of the medical cannabis courier described in Subsection (2). (4) An individual transporting a medical cannabis shipment under Subsection (3) shall comply with the requirements of Subsection 4-41a-404(3). (5) In addition to the requirements in Subsections (3) and (4), the department may establish 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, requirements for transporting medical cannabis shipments that are related to safety for human consumption of medical cannabis. (6) (a) It is unlawful for an individual to transport a medical cannabis shipment with a manifest that does not meet the requirements of Subsection (4). (b) Except as provided in Subsection (6)(d), an individual who violates Subsection (6)(a) is: (i) guilty of an infraction; and (ii) subject to a $100 fine. (c) An individual who is guilty of a violation described in Subsection (6)(b) is not guilty of a violation of Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances, for the conduct underlying the violation described in Subsection (6)(b). (d) If the individual described in Subsection (6)(a) is transporting more cannabis, cannabis product, or medical cannabis devices than the manifest identifies, except for a de minimis administrative error: (i) this chapter does not apply; and (ii) the individual is subject to penalties under Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances.
Utah Code § 4-16-203 — Utah Code / Title 4 / Chapter 4-16 / § 4-16-203
§ 4-16-203. Inspection -- Samples -- Analysis -- Seed testing facilities to be maintained -- Rules to control offensive seeds -- Notice of offending seeds -- Warrants.
Status: in_force

(1) (a) The department shall periodically enter public or private premises from which seeds are distributed, offered, or exposed for sale to sample, inspect, analyze, and test agricultural, vegetable, flower, or tree and shrub seeds or seeds for sprouting distributed within this state to determine compliance with this chapter. (b) To perform the duties specified in Subsection (1)(a), the department shall: (i) establish and maintain facilities for testing the purity and germination of seeds; (ii) prescribe by rule uniform methods for sampling and testing seeds; and (iii) establish fees for rendering service. (2) The department shall prescribe by rule weed seeds and noxious weed seeds and fix the tolerances permitted for those offensive seeds. (3) (a) If a seed sample, upon analysis, fails to comply with this chapter, the department shall give written notice to that effect to any person who is distributing, offering, or exposing the seeds for sale. (b) Notwithstanding Subsection (3)(a), nothing in this chapter shall be construed as requiring the department to refer minor violations for criminal prosecution or for the institution of condemnation proceedings if it believes the public interest will best be served through informal action. (4) The department may proceed immediately, if admittance is refused, to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for the purpose of making inspections and obtaining samples.
Utah Code § 4-18-104 — Utah Code / Title 4 / Chapter 4-18 / § 4-18-104
§ 4-18-104. Conservation Commission created -- Composition -- Appointment -- Terms -- Compensation -- Attorney general to provide legal assistance.
Status: in_force

(1) There is created within the department the Conservation Commission to perform the functions specified in this chapter. (2) The Conservation Commission shall be composed of: (a) 12 voting members, including: (i) the director of the Extension Service at Utah State University or the director's designee; (ii) the executive director of the Department of Natural Resources or the executive director's designee; (iii) the executive director of the Department of Environmental Quality or the executive director's designee; (iv) the president of the County Weed Supervisors Association or the president's designee; and (v) seven district supervisors who provide district representation on the commission on a multicounty basis; and (b) the commissioner or the commissioner's designee. (3) If a district supervisor is unable to attend a meeting, the district supervisor may designate an alternate to serve in the place of the district supervisor for that meeting. (4) None of the members described in Subsection (2)(a)(v) or (3) may serve on an association that represents a conservation district. (5) (a) The commissioner or the commissioner's designee shall serve as chair of the Conservation Commission. (b) The commissioner or the commissioner's designee may not vote except in the event of a tie, in which case the commissioner or the commissioner's designee shall cast the deciding vote. (6) The members of the commission specified in Subsection (2)(a)(v) shall: (a) be recommended by the commission to the governor; and (b) be appointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies. (7) (a) Except as required by Subsection (7)(b), as terms of current commission members expire, the governor shall appoint each new member or reappointed member to a four-year term. (b) Notwithstanding the requirements of Subsection (7)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of commission members are staggered so that approximately half of the commission is appointed every two years. (c) A commission member may not be appointed to more than two consecutive terms. (8) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term. (9) When the governor makes a new appointment or reappointment under Subsection (7)(a), or a vacancy appointment under Subsection (8), the governor's new appointment, reappointment, or vacancy appointment shall be made with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies. (10) Attendance of six voting members of the commission at a meeting constitutes a quorum. (11) 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. (12) The commission shall keep a record of the commission's actions. (13) The attorney general shall provide legal services to the commission upon request. (14) A member shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Utah Code § 4-25-303 — Utah Code / Title 4 / Chapter 4-25 / § 4-25-303
§ 4-25-303. Feral swine detrimental to state's interests -- Seizure, capture, or destruction of feral swine.
Status: in_force

(1) Feral swine are detrimental to the state's interests in agriculture and wildlife. (2) Feral swine may be seized, captured, or destroyed at any time, in any place, and in any manner by: (a) the department and the department's authorized agents; (b) the Division of Wildlife Resources and the Division of Wildlife Resources' authorized agents; or (c) a certified peace officer. (3) (a) Notwithstanding Section 76-13-202, 76-13-203, or 76-13-204, and subject to the requirements of this section, an individual may kill a feral swine roaming on private or public land. (b) An individual shall obtain the consent of the landowner before killing a feral swine on private land. (c) Feral swine may be killed: (i) year-round; (ii) in any number; and (iii) with a firearm, bow and arrow, or crossbow. (4) Feral swine may not be hunted or killed under Subsection (3)(c): (a) with the use of artificial light or night vision equipment, except as authorized by county ordinance; or (b) from or with any airborne vehicle or device, except as provided in Section 4-23-106. (5) An individual may not receive compensation, or attempt to receive compensation, from hunting feral swine. (6) An authorized individual who kills a swine under this section is not liable to the owner for the loss of the swine, unless: (a) the swine is conspicuously identified by an ear tag or other form of visual identification; and (b) the individual who killed the swine knew the swine was identified by an ear tag or other form of usual identification.
Utah Code § 4-39-305 — Utah Code / Title 4 / Chapter 4-39 / § 4-39-305
§ 4-39-305. Transportation of domesticated elk to or from domesticated elk facilities.
Status: in_force

(1) A person may transport domesticated elk without an official state brand certificate or other proof of ownership if the person: (a) only moves domesticated elk accompanied by an intrastate transfer form provided by the department; (b) reports the move to the department within five days; (c) only moves domesticated elk from a licensed facility to another licensed facility owned by the same person; and (d) only moves domesticated elk intrastate. (2) An official state brand inspection certificate shall accompany all domesticated elk sold or slaughtered.
Utah Code § 4-10-106 — Utah Code / Title 4 / Chapter 4-10 / § 4-10-106
§ 4-10-106. Unlawful acts specified.
Status: in_force

It is unlawful for a person to: (1) sell bedding, upholstered furniture, quilted clothing, or filling material as new unless it is made from new material and properly tagged; (2) sell bedding, upholstered furniture, quilted clothing or filling material made from secondhand material that is not properly tagged; (3) label or sell a used or secondhand article as if it were a new article; (4) use burlap or other material that has been used for packing or baling, or to use any unsanitary, filthy, or vermin or insect infested filling material in the manufacture or repair of an article; (5) sell bedding, upholstered furniture, quilted clothing or filling material that is not properly tagged regardless of point of origin; (6) use a false or misleading statement, term, or designation on a tag; (7) use a false or misleading label; (8) sell new bedding, upholstered furniture, or quilted clothing with filling material made of down, feather, wool, or hair that has not been properly sterilized; or (9) engage in the manufacture, repair, sterilization, or wholesale sale of bedding, upholstered furniture, quilted clothing, or filling material without a permit issued by the department as required by this chapter, unless otherwise exempt under Section 4-10-104 with respect to the repair of quilted clothing.
Utah Code § 4-46-401 — Utah Code / Title 4 / Chapter 4-46 / § 4-46-401
§ 4-46-401. Division of Conservation created -- Director.
Status: in_force

7/1/2026 (1) Within the department there is created the Division of Conservation. (2) (a) The director is the executive and administrative head of the division. (b) The director shall administer this part subject to the administration and general supervision of the commissioner. (3) The division shall coordinate state conservation efforts by: (a) staffing the board created in Section 4-46-201; (b) coordinating with a conservation district in accordance with Section 4-46-402; (c) coordinating with an agency or division within the department, the Department of Natural Resources, other state agencies, counties, cities, towns, local land trust entities, and federal agencies; (d) facilitating obtaining federal funds in addition to state funds used for state conservation efforts; (e) monitoring and providing for the management of conservation easements on state lands; and (f) implementing rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and Section 4-46-403. (4) The division may cooperate with, or enter into agreements with, other agencies of this state and federal agencies in the administration and enforcement of this chapter.
Utah Code § 4-41a-106 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-106
§ 4-41a-106. Severability clause.
Status: in_force

(1) If a final decision of a court of competent jurisdiction holds invalid any provision of this title or Laws of Utah 2018, Third Special Session, Chapter 1 or the application of any provision of this title or Laws of Utah 2018, Third Special Session, Chapter 1 to any person or circumstance, the remaining provisions of this title and Laws of Utah 2018, Third Special Session, Chapter 1 remain effective without the invalidated provision or application. (2) The provisions of this title and Laws of Utah 2018, Third Special Session, Chapter 1 are severable.
Utah Code § 4-5-204 — Utah Code / Title 4 / Chapter 4-5 / § 4-5-204
§ 4-5-204. Substances considered unsafe -- Authority in department to regulate quantity and use.
Status: in_force

(1) (a) Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive, with respect to any particular use or intended use, is considered to be unsafe for the purpose of application of Subsection 4-5-103(1)(b) unless: (i) there is in effect a rule adopted pursuant to this section or Section 4-5-104 limiting the quantity of the substance; and (ii) the use or intended use of the substance conforms to the terms prescribed by the rule. (b) While the rules relating to the substance are in effect, a food may not, by reason of bearing or containing the substance in accordance with the rules, be considered adulterated within the meaning of Subsection 4-5-103(1)(a). (2) The department may make rules, which may or may not be in accordance with regulations made under the federal act, prescribing: (a) tolerances, including zero tolerances, for: (i) added poisonous or deleterious substances; (ii) food additives; (iii) pesticide chemicals in or on raw agricultural commodities; or (iv) color additives; (b) exemptions from tolerances in the case of pesticide chemicals in or on raw agricultural commodities; or (c) conditions under which a food additive or a color additive may be safely used and exemptions when a food additive or color additive may be used solely for investigational or experimental purposes. (3) (a) The department may make these rules upon its own initiative or upon the petition of any interested party. (b) It is incumbent upon the petitioner to establish by data submitted to the department that the rule is necessary to protect the public health. (c) If the data furnished by the petitioner is not sufficient to allow the department to determine whether the rule should be made, the department may require additional data to be submitted. (d) Failure to comply with the request is sufficient grounds to deny the request. (4) In making the rules, the department shall consider, among other relevant factors, the following which the petitioner, if any, shall furnish: (a) the name and all pertinent information concerning the substance including: (i) where available; (ii) its chemical identity and composition; (iii) a statement of the conditions of the proposed use, including directions, recommendations, and suggestions; (iv) specimens of proposed labeling; and (v) all relevant data bearing on the physical or other technical effect and the quantity required to produce such effect; (b) the probable composition of any substance formed in or on a food resulting from the use of the substance; (c) the probable consumption of the substance in the diet of man and animals, taking into account any chemically or pharmacologically related substance in the diet; (d) safety factors which, in the opinion of experts qualified by scientific training and experience to evaluate the safety of the substances for the uses for which they are proposed to be used, are generally recognized as appropriate for the use of animal experimentation data; (e) the availability of any needed practicable methods of analysis for determining the identity and quantity of: (i) the substance in or on food; (ii) any substance formed in or on food because of the use of the substance; and (iii) the pure substance and all intermediates and impurities; and (f) facts supporting a contention that the proposed use of the substance will serve a useful purpose.
Utah Code § 4-9-114 — Utah Code / Title 4 / Chapter 4-9 / § 4-9-114
§ 4-9-114. Packaged commodity sales -- Labeling information specified -- When price per single unit of weight to be displayed.
Status: in_force

(1) Any packaged commodity offered for sale shall bear on the outside of the package a definite, plain, and conspicuous declaration of: (a) the identity of the commodity in the package, unless the same can easily be identified through the wrapper or container; (b) the quantity of contents in terms of weight, measure, or count; and (c) the name and place of business of the manufacturer, packer, or distributor, if the packaged commodity is offered for sale, or sold other than on the premises where packaged. (2) Any package that is one of a lot containing random weights of the same commodity and bearing the total sales price of the package shall, in addition to compliance with Subsection (1), bear on the outside of the package a definite, plain, and conspicuous declaration of the price per single unit of weight.
Utah Code § 4-14-108 — Utah Code / Title 4 / Chapter 4-14 / § 4-14-108
§ 4-14-108. Suspension or revocation --  Stop sale, use, or removal order authorized -- Court action --  Award of costs authorized -- Fines.
Status: in_force

(1) The department may revoke or suspend the registration of a pesticide upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the registration of the pesticide or in the pesticide's distribution in this state. (2) (a) The department may issue a "stop sale, use, or removal order" to the owner or distributor of a designated pesticide or lot of pesticide that the department finds or has reason to believe is being offered or exposed for sale in violation of this chapter. (b) The order described in Subsection (2)(a) shall be in writing and no pesticide subject to the order shall be moved, offered, or exposed for sale, except upon the subsequent written release by the department. (c) Before a release is issued, the department may require the owner or distributor of the "stopped" pesticide or lot to pay the expense incurred by the department in connection with the withdrawal of the product from the market. (3) (a) The department may seek in a court with jurisdiction an order of seizure or condemnation of a pesticide that violates this chapter or, upon proper grounds, to obtain a temporary restraining order or permanent injunction to prevent the violation of this chapter. (b) A court may not require the department to post a bond in an injunctive proceeding brought under this section. (4) (a) Subject to Subsection (4)(b), if condemnation is ordered, the registrant or other person shall dispose of pesticide or equipment as the court directs. (b) The department may not order condemnation without giving the registrant or other person an opportunity to apply to the court for permission to relabel, reprocess, or otherwise bring the pesticide into conformance, or for permission to remove the pesticide from the state. (5) If the court orders condemnation, court costs, fees, storage, and other costs shall be awarded against the claimant of the pesticide or equipment. (6) The department may: (a) deny an application for a certified applicator license; (b) revoke a certified applicator license for cause; or (c) suspend a certified applicator license for cause. (7) (a) If a certified applicator license is revoked or suspended under Subsection (6), the license shall be returned to the department within 14 days of the day on which the certified applicator received notice of the revocation or suspension. (b) A certified applicator who fails to return a license, as described in Subsection (7)(a), is subject to an administrative fine of up to $100 for each 14 days the license is not returned. (8) Notwithstanding the other provisions of this title except Subsection 4-14-112(6), an individual who violates a provision related to an ornamental and turf technician under this chapter is subject to an administrative fine of up to $1,000 per each violation.
Utah Code § 4-31-114 — Utah Code / Title 4 / Chapter 4-31 / § 4-31-114
§ 4-31-114. Report of vesicular disease.
Status: in_force

(1) A person who identifies symptoms of vesicular disease in livestock shall immediately report it to the department. (2) The department may report a veterinarian licensed in this state to the veterinarian's licensing authority for the veterinarian's failure to report a diagnosed case of vesicular disease to the department. (3) Failure by an owner of livestock to report symptoms of vesicular disease among the owner's livestock constitutes forfeiture of the right to claim an indemnity for an animal euthanized on account of the disease.
Utah Code § 4-15-109 — Utah Code / Title 4 / Chapter 4-15 / § 4-15-109
§ 4-15-109. Transport of out-of-state nursery stock to Utah -- Certificate of inspection to be filed with department by out-of-state nurseries -- Option in department to accept exchange list in lieu of certificate of inspection -- Imported stock to be tagged -- Treatment of stock not tagged.
Status: in_force

(1) (a) Subject to Subsection (1)(b), out-of-state nurseries and nursery outlets transporting nursery stock to a nursery or nursery outlet in this state shall annually deliver to the department a certified duplicate copy of the "state of origin" certificate of inspection for each such out-of-state nursery or nursery outlet. (b) The department may accept and exchange a list of certified or licensed out-of-state nurseries or nursery outlets in lieu of a certificate of inspection for each such individual nursery or nursery outlet. (2) Nursery stock originating outside and imported into this state for customer delivery or for resale shall bear a tag: (a) stating that the nursery stock has been inspected and certified free from plant pests and disease; and (b) bearing the name and address of the shipper or consignor. (3) A shipment of nursery stock destined for delivery in this state that is not accompanied with the tag described in Subsection (2) may be: (a) returned to the owner or consignor at the owner or consignor's expense; or (b) destroyed, or otherwise disposed of, by the department without compensation to the owner or consignor.
Utah Code § 4-45a-104 — Utah Code / Title 4 / Chapter 4-45a / § 4-45a-104
§ 4-45a-104. Registration of products.
Status: in_force

(1) (a) A licensee shall provide the department a product list. (b) At least seven days before selling a specialized product not on the product list, a licensee shall notify the department and provide an updated product list that includes the additional specialized product. (c) For any product on a product list or that is being added to a product list under Subsection (1)(b), the licensee shall provide the department with access to the ingredient list for the specialized product. (d) The department may remove specialized products from a product list if the possession or sale of the specialized product violates state law. (2) A licensee may not sell a specialized product that is not on the product list provided to the department. (3) If requested by the department to provide a specialized product for inspection or testing, a licensee shall provide the requested specialized product to the department. (4) (a) A licensee that sells a product in violation of Subsection (2) is subject to a $1,000 fine for each product sold in violation of Subsection (2). (b) In addition to the monetary fine described in Subsection (4)(a), a licensee is subject to the following for violations of Subsection (2): (i) for a first violation, a public reprimand posted on the department's website; (ii) for a second violation, a 30-day license suspension; (iii) for a third violation, a 60-day license suspension; (iv) for a fourth violation, a 90-day license suspension; and (v) for a fifth violation, revocation of the license.
Utah Code § 4-41a-109 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-109
§ 4-41a-109. Advertising.
Status: in_force

(1) Except as provided in this chapter, a person may not advertise regarding the recommendation, sale, dispensing, or transportation of medical cannabis, including: (a) a promotional discount or incentive; (b) a particular medical cannabis product, medical cannabis device, medical cannabis brand, or medicinal dosage form; or (c) an assurance of a medical outcome related to a medical cannabis treatment. (2) Notwithstanding Subsection (1): (a) a nonprofit organization that offers financial assistance for medical cannabis treatment to low-income patients may advertise the organization's assistance if the advertisement does not relate to a specific medical cannabis pharmacy or a specific medical cannabis product; and (b) a medical cannabis pharmacy may provide information regarding subsidies for the cost of medical cannabis treatment to patients who affirmatively accept receipt of the subsidy information. (3) To ensure that the name and logo of a licensee under this chapter have a medical rather than a recreational disposition, the name and logo of the licensee: (a) may include terms and images associated with: (i) a medical disposition, including "medical," "medicinal," "medicine," "pharmacy," "apothecary," "wellness," "therapeutic," "health," "care," "cannabis," "clinic," "compassionate," "relief," "treatment," and "patient;" or (ii) the plant form of cannabis, including "leaf," "flower," and "bloom;" and (b) may not include: (i) any term, statement, design representation, picture, or illustration that is associated with a recreational disposition or that appeals to children; (ii) an emphasis on a psychoactive ingredient; (iii) a specific cannabis strain; or (iv) terms related to recreational marijuana, including "weed," "pot," "reefer," "grass," "hash," "ganga," "Mary Jane," "high," "buzz," "haze," "stoned," "joint," "bud," "smoke," "euphoria," "dank," "doobie," "kush," "frost," "cookies," "rec," "bake," "blunt," "combust," "bong," "budtender," "dab," "blaze," "toke," or "420." (4) The department shall define standards for advertising authorized under this chapter, including names and logos in accordance with Subsection (3), to ensure a medical rather than recreational disposition.
Utah Code § 4-30-108 — Utah Code / Title 4 / Chapter 4-30 / § 4-30-108
§ 4-30-108. Transfer of livestock market license permitted -- Conditions.
Status: in_force

(1) No livestock market license is transferable to another person without the prior approval of the commissioner. (2) A change in the membership of a partnership or association, or the sale or transfer of a 25% or greater interest in the stock ownership of a corporate livestock market shall be considered a transfer of the livestock market license and is subject to the requirements of this section. (3) Application to allow transfer of a livestock market license shall be made to the department on a form prescribed and furnished by the department. (4) The commissioner may grant a transfer of the license: (a) if the proposed transferee meets all the requirements specified for an original license in Section 4-30-105; and (b) based on the criteria specified in Section 4-30-107.
Utah Code § 4-23-109 — Utah Code / Title 4 / Chapter 4-23 / § 4-23-109
§ 4-23-109. Proceeds of sheep fee -- Refund of sheep fees -- Annual audit of books, records, and accounts.
Status: in_force

(1) (a) Subject to the other provisions of this Subsection (1), the commissioner may spend an amount each year from the proceeds collected from the fee imposed on sheep for the promotion, advancement, and protection of the sheep interests of the state. (b) The amount described in Subsection (1)(a) shall be the equivalent to an amount that: (i) equals or exceeds 18 cents per head; and (ii) equals or is less than 25 cents per head. (c) The commissioner shall set the amount described in Subsection (1)(a): (i) on or before January 1 of each year; and (ii) in consultation with one or more statewide organizations that represent persons who grow wool. (d) A sheep fee is refundable in an amount equal to that part of the fee used to promote, advance, or protect sheep interests. (e) A refund claim shall be filed with the department on or before January 1 of the year immediately succeeding the year for which the fee was paid. (f) A refund claim shall be certified by the department to the state treasurer for payment from the Agricultural and Wildlife Damage Prevention Account created in Section 4-23-108. (2) Any expense incurred by the department in administering refunds shall be paid from funds allocated for the promotion, advancement, and protection of the sheep interests of the state. (3) (a) The books, records, and accounts of the Utah Woolgrowers Association, or any other organization which receives funds from the agricultural and wildlife damage prevention account, for the purpose of promoting, advancing, or protecting the sheep interests of the state, shall be audited at least once annually by a licensed accountant. (b) The results of this audit shall be submitted to the commissioner.
Utah Code § 4-22-302 — Utah Code / Title 4 / Chapter 4-22 / § 4-22-302
§ 4-22-302. Commission not eligible for coverage under Risk Management Fund.
Status: in_force

The commission is not eligible to receive coverage under the Risk Management Fund created under Section 63A-4-201.
Utah Code § 4-12-104 — Utah Code / Title 4 / Chapter 4-12 / § 4-12-104
§ 4-12-104. Distribution of commercial and customer-formula feed -- Registration or license required -- Application -- Fees -- Expiration -- Renewal.
Status: in_force

(1) A home-produced pet treat: (a) is exempt from Subsections (2), (4), (5)(a), and (6)(a); and (b) is required to comply with Section 4-12-105.5. (2) (a) A person may not distribute a commercial feed in this state without a registration from the department. (b) Except as provided by Subsection (4)(a), a person shall apply for a registration from the department for each brand name of commercial feed by: (i) submitting forms prescribed and furnished by the department; and (ii) paying an annual registration fee, determined by the department pursuant to Subsection 4-2-103(2). (c) Upon receipt of the appropriate application forms and fee payment, the commissioner shall issue a registration to the applicant allowing the applicant to distribute the registered commercial feed in this state through December 31 of the year in which the registration is issued, subject to suspension or revocation for cause. (3) (a) Subject to Subsection (3)(b) the department may: (i) refuse registration to any commercial feed found to not be in compliance with this chapter; and (ii) cancel the registration of any commercial feed found to not be in compliance with this chapter. (b) A registration may not be refused or canceled unless the department gives the registrant an opportunity to: (i) be heard before the department; and (ii) amend the registrant's application in order to comply with the requirements of this chapter. (4) (a) A person who distributes customer-formula feed is not required to register the feed, but is required to obtain a license from the department before distribution. (b) A person shall apply for a license to distribute customer-formula feed from the department by: (i) submitting forms prescribed and furnished by the department; and (ii) paying an annual license fee, determined by the department pursuant to Subsection 4-2-103(2). (c) Upon receipt of the appropriate application forms and fee payment, the commissioner shall issue a license to the applicant allowing the applicant to distribute customer-formula feed in this state through December 31 of the year in which the license is issued, subject to suspension or revocation for cause. (5) (a) Each commercial feed 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. (b) Each registration renewal fee shall be paid on or before December 31 of each year. (6) (a) Each customer-formula feed 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 license fee. (b) Each license renewal fee shall be paid on or before December 31 of each year.
Utah Code § 4-24-307 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-307
§ 4-24-307. Transportation of sheep, cattle, horses, domesticated elk, or mules -- Brand certificate or other evidence of ownership required -- Moving domesticated elk intrastate -- Transit permit -- Contents.
Status: in_force

(1) Except as described in Subsection (2) and Section 4-39-305, a person may not transport any sheep, cattle, horses, domesticated elk, or mules without having an official state brand certificate or other proof of ownership in the person's possession. (2) A person may transport domesticated elk without an official state brand certificate or other proof of ownership if the person: (a) only moves domesticated elk accompanied by an intrastate transfer form provided by the department; (b) reports the move to the department within five days; (c) only moves domesticated elk from a licensed facility to another licensed facility owned by the same person; and (d) only moves domesticated elk intrastate. (3) An official state brand inspection certificate shall accompany all domesticated elk sold or slaughtered. (4) Each person transporting livestock for another person shall have a transit permit signed by the owner or the owner's authorized agent specifying the: (a) name of the person driving the vehicle; (b) date of transportation; (c) place of origin or loading; (d) destination; (e) date of issuance; (f) number of animals being transported; and (g) full description of an animal being transported.
Utah Code § 4-33-105 — Utah Code / Title 4 / Chapter 4-33 / § 4-33-105
§ 4-33-105. Prohibitions.
Status: in_force

It is unlawful for any person in this state to: (1) offer for sale, sell, or deliver any motor fuel which fails to meet the standards prescribed by the department; (2) advertise or display the price of motor fuel without advertising or displaying the grade of the motor fuel and the type of service; or (3) haul or transport motor fuel for the purpose of sale or delivery in this state without an invoice or bill of lading stating the name and address of the owner or person consigning the fuel for transport, the Utah grade of the motor fuel, and the number of gallons consigned.
Utah Code § 4-1-108 — Utah Code / Title 4 / Chapter 4-1 / § 4-1-108
§ 4-1-108. Severability clause.
Status: in_force

If any provision of this title, or the application of any provision to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this title that can be given effect without the invalid provision or application, and to this end the provisions of this title are declared to be severable.
Utah Code § 4-3-203 — Utah Code / Title 4 / Chapter 4-3 / § 4-3-203
§ 4-3-203. Authority to inspect premises.
Status: in_force

(1) The department may inspect any premises where dairy products are produced, manufactured, processed, stored, or held for distribution, at reasonable times and places, to determine whether the premises are in compliance with this chapter and the rules adopted according to it. (2) If the department is denied access, it may proceed immediately to the nearest court of competent jurisdiction to seek an ex parte warrant or its equivalent to permit inspection of the premises.
Utah Code § 4-14-104 — Utah Code / Title 4 / Chapter 4-14 / § 4-14-104
§ 4-14-104. Labeling requirement for pesticides specified.
Status: in_force

(1) Each container of pesticide distributed in this state shall bear a label setting forth: (a) the name, brand, or trademark under which the pesticide is distributed; (b) subject to Subsection (2), an accurate statement of the ingredients on: (i) the part of the immediate container that is presented or displayed under customary conditions of purchase; and (ii) on the outside container and wrapper of the retail package, if there be one, through which the ingredient statement on the immediate container cannot be clearly read; (c) a warning or caution statement if necessary, which, if complied with together with any requirements imposed under Section 3(d) of FIFRA, is adequate to protect health and the environment; (d) the net weight or measure of the content; (e) the name and address of the manufacturer, registrant, or person for whom manufactured; (f) the EPA registration number assigned to each establishment in which the pesticide was produced and the EPA registration number assigned to the pesticide, if required by regulations under FIFRA; (g) the federal use classification under which the pesticide is registered or designated for "experimental use only"; and (h) directions for use of the pesticide sufficient to carry out the purposes for which the product is intended and which, if complied with together with any requirements imposed under Section 3(d) of FIFRA, are adequate to protect health and the environment. (2) An ingredient statement may appear prominently on another part of a container, as permitted under Section 2(q)(2)(A) of FIFRA, if the size or form of the container makes it impractical to place the ingredient statement on the part of the retail package that is presented or displayed under customary conditions of purchase. (3) If the pesticide is highly toxic the label shall, in addition to the other label requirements, display: (a) the skull and crossbones; (b) the word "POISON" in red prominently displayed on a background of distinctly contrasting color; and (c) a statement of a practical treatment, first aid or otherwise, in case of poisoning by the pesticide.
Utah Code § 4-16-401 — Utah Code / Title 4 / Chapter 4-16 / § 4-16-401
§ 4-16-401. Designation of official testing agency for certification of seed.
Status: in_force

(1) The agricultural experiment station at Utah State University is designated as the official state agency responsible for the production, approval, and testing of foundation seeds in this state. (2) This agency shall perform all functions necessary for seed certification including the determination of the adaptability of established and new crop varieties for planting in this state, whether produced in this state or elsewhere, and the determination of eligibility of crop varieties for registration and certification in the state. (3) In performing its responsibility, the experiment station may contract, subject to available funds, upon such terms and conditions as it considers appropriate with a private seed certifying agency.
Utah Code § 4-41-402 — Utah Code / Title 4 / Chapter 4-41 / § 4-41-402
§ 4-41-402. Cannabinoid sales and use authorized.
Status: in_force

7/1/2026 (1) The sale or use of a cannabinoid product is prohibited: (a) except as provided in this chapter; or (b) unless the United States Food and Drug Administration approves the product. (2) The department shall keep a list of registered cannabinoid products that the department has determined, in accordance with Section 4-41-403, are safe for human consumption. (3) (a) A person may sell or use a cannabinoid product that is in the list of registered cannabinoid products described in Subsection (2). (b) An individual may use cannabidiol or a cannabidiol product that is not in the list of registered cannabinoid products described in Subsection (2) if: (i) the individual purchased the product outside the state; and (ii) the product's contents do not violate Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances. (4) Any marketing for a cannabinoid product shall include a notice to consumers that the product is hemp or CBD and is not cannabis or medical cannabis, as those terms are defined in Section 26B-4-201.
Utah Code § 4-41a-1202 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-1202
§ 4-41a-1202. Home delivery of medical cannabis shipments -- Medical cannabis couriers -- License.
Status: in_force

(1) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to ensure the safety, security, and efficiency of a home delivery medical cannabis pharmacy's fulfillment of electronic medical cannabis orders, including rules regarding the safe and controlled delivery of medical cannabis shipments. (2) A person may not operate as a medical cannabis courier without a license that the licensing board issues under this section. (3) (a) Subject to Subsections (5) and (6), the licensing board shall issue a license to operate as a medical cannabis courier to an applicant who is eligible for a license under this section. (b) An applicant is eligible for a license under this section if the applicant submits to the licensing board: (i) the name and address of an individual who: (A) has a financial or voting interest of 10% or greater in the proposed medical cannabis courier; or (B) has the power to direct or cause the management or control of a proposed cannabis production establishment; (ii) an operating plan that includes operating procedures to comply with the operating requirements for a medical cannabis courier described in this chapter; and (iii) an application fee in an amount that, subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504. (4) If the licensing board determines that an applicant is eligible for a license under this section, the department shall: (a) charge the applicant an initial license fee in an amount that, subject to Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504; and (b) notify the Department of Public Safety of the license approval and the names of each individual described in Subsection (3)(b)(i). (5) The licensing board may not issue a license to operate as a medical cannabis courier to an applicant if an individual described in Subsection (3)(b)(i): (a) has been convicted under state or federal law of: (i) a felony in the preceding 10 years; or (ii) after September 23, 2019, a misdemeanor for drug distribution; or (b) is younger than 21 years old. (6) The licensing board may revoke a license under this part if: (a) the medical cannabis courier does not begin operations within one year after the day on which the department issues the initial license; (b) the medical cannabis courier makes the same violation of this chapter three times; (c) an individual described in Subsection (3)(b)(i) is convicted, while the license is active, under state or federal law of: (i) a felony; or (ii) after September 23, 2019, a misdemeanor for drug distribution; or (d) after a change of ownership described in Subsection (14)(c), the licensing board determines that the medical cannabis courier no longer meets the minimum standards for licensure and operation of the medical cannabis courier described in this chapter. (7) The department shall deposit the proceeds of a fee imposed by this section into the Qualified Production Enterprise Fund. (8) The licensing board's authority to issue a license under this section is plenary and is not subject to review. (9) Each applicant for a license as a medical cannabis courier shall submit, at the time of application, from each individual who has a financial or voting interest of 10% or greater in the applicant or who has the power to direct or cause the management or control of the applicant: (a) a fingerprint card in a form acceptable to the Department of Public Safety; (b) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the registration of the individual's fingerprints in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service; and (c) consent to a fingerprint background check by: (i) the Bureau of Criminal Identification; and (ii) the Federal Bureau of Investigation. (10) The Bureau of Criminal Identification shall: (a) check the fingerprints the applicant submits under Subsection (9) against the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System; (b) report the results of the background check to the department; (c) maintain a separate file of fingerprints that applicants submit under Subsection (9) for search by future submissions to the local and regional criminal records databases, including latent prints; (d) request that the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; and (e) establish a privacy risk mitigation strategy to ensure that the department only receives notifications for an individual with whom the department maintains an authorizing relationship. (11) The department shall: (a) assess an individual who submits fingerprints under Subsection (9) a fee in an amount that the department sets in accordance with Section 63J-1-504 for the services that the Bureau of Criminal Identification or another authorized agency provides under this section; and (b) remit the fee described in Subsection (11)(a) to the Bureau of Criminal Identification. (12) The licensing board shall renew a license under this section every year if, at the time of renewal: (a) the licensee meets the requirements of this section; and (b) 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. (13) A person applying for a medical cannabis courier license shall submit to the licensing board a proposed operating plan that complies with this section and that includes: (a) a description of the physical characteristics of any proposed facilities, including a floor plan and an architectural elevation, and delivery vehicles; (b) a description of the credentials and experience of each officer, director, or owner of the proposed medical cannabis courier; (c) the medical cannabis courier's employee training standards; (d) a security plan; and (e) storage and delivery protocols, both short and long term, to ensure that medical cannabis shipments are stored and delivered in a manner that is sanitary and preserves the integrity of the cannabis. (14) (a) A medical cannabis courier license is not transferable or assignable. (b) A medical cannabis courier shall report in writing to the department no later than 45 business days before the date of any change of ownership of the medical cannabis courier. (c) If the ownership of a medical cannabis courier changes by 50% or more: (i) concurrent with the report described in Subsection (14)(b), the medical cannabis courier shall submit a new application described in Subsection (3)(b); (ii) within 30 days of the submission of the application, the licensing board shall: (A) conduct an application review; and (B) award a license to the medical cannabis courier for the remainder of the term of the medical cannabis courier's license before the ownership change if the medical cannabis courier meets the minimum standards for licensure and operation of the medical cannabis courier described in this chapter; and (iii) if the licensing board approves the license application, notwithstanding Subsection (4), the medical cannabis courier shall pay a license fee that the department sets in accordance with Section 63J-1-504 in an amount that covers the licensing board's cost of conducting the application review. (15) (a) Except as provided in Subsection(15)(b), a person may not advertise regarding the transportation of medical cannabis. (b) Notwithstanding Subsection (14)(a) and subject to Section 4-41a-109, a licensed home delivery medical cannabis pharmacy or a licensed medical cannabis courier may advertise: (i) a green cross; (ii) the pharmacy's or courier's name and logo; and (iii) that the pharmacy or courier is licensed to transport medical cannabis shipments.
Utah Code § 4-23-106 — Utah Code / Title 4 / Chapter 4-23 / § 4-23-106
§ 4-23-106. Department to issue licenses and permits -- Department to issue aircraft use permits -- Aerial hunting.
Status: in_force

(1) The department is responsible for the issuance of permits and licenses for the purposes of the federal Fish and Wildlife Act of 1956. (2) A private person may not use an aircraft for the prevention of damage without first obtaining a use permit from the department. (3) The department may issue an annual permit for aerial hunting to a private person for the protection of land, water, wildlife, livestock, domesticated animals, human life, or crops, if the person shows that the person or the person's designated pilot, along with the aircraft to be used in the aerial hunting, are licensed and qualified in accordance with the requirements of the department set by rule. (4) The department may predicate the issuance or retention of a permit for aerial hunting upon the permittee's full and prompt disclosure of information as the department may request for submission pursuant to rules made by the department. (5) The department shall collect an annual fee, set in accordance with Section 63J-1-504, from a person who has an aircraft for which a permit is issued or renewed under this section. (6) Aerial hunting activity under a permit issued by the department is restricted to: (a) (i) private lands that are owned or managed by the permittee; (ii) state grazing allotments where the permittee is permitted by the state or the State Institutional Trust Lands Administration to graze livestock; or (iii) federal grazing allotments where the permittee is permitted by the United States Bureau of Land Management or United States Forest Service to graze livestock; and (b) only during the time period for which the private land owner has provided written permission for the aerial hunting. (7) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are necessary to carry out the purpose of this section. (8) The issuance of an aerial hunting permit or license under this section does not authorize the holder to use aircraft to hunt, pursue, shoot, wound, kill, trap, capture, or collect protected wildlife, as defined in Section 23A-1-101, unless also authorized by the Division of Wildlife Resources under Section 23A-5-315.
Utah Code § 4-2-305 — Utah Code / Title 4 / Chapter 4-2 / § 4-2-305
§ 4-2-305. Preemption.
Status: in_force

(1) Subject to concurrence with relevant federal laws and except as provided in Subsection (4), the department has exclusive jurisdiction over regulation regarding: (a) commercial feed, as described in Chapter 12, Utah Commercial Feed Act; (b) fertilizer, as described in Chapter 13, Utah Plant Food Act; (c) pesticides, as described in Chapter 14, Utah Pesticide Control Act; and (d) seeds, as described in Chapter 16, Utah Seed Act. (2) The regulation of commercial feed, fertilizer, pesticides, and seeds within the state is of statewide concern, except as provided in Subsection (4), and this title occupies the whole field of potential regulation. (3) Except as provided in Subsection (4), a political subdivision of the state is prohibited from regulating commercial feed, fertilizer, pesticides, and seeds, and local ordinances, resolutions, amendments, regulations, or laws that seek to do so are void. (4) Nothing in this section preempts or otherwise limits the authority of a political subdivision to: (a) adopt and enforce zoning regulations, fire codes, building codes, or waste disposal restrictions; or (b) in consultation with the department, enforce, maintain, amend, or otherwise continue to implement a regulation created on or before January 1, 2017, related to the use of pesticides and fertilizers in surface water and groundwater source water protection areas.
Utah Code § 4-21-302 — Utah Code / Title 4 / Chapter 4-21 / § 4-21-302
§ 4-21-302. Council not eligible for coverage under Risk Management Fund.
Status: in_force

The council is not eligible to receive coverage under the Risk Management Fund created by Section 63A-4-201.
Utah Code § 4-2-503 — Utah Code / Title 4 / Chapter 4-2 / § 4-2-503
§ 4-2-503. Event reporting requirements.
Status: in_force

(1) The owner of a venue holding a horse event shall: (a) at least 30 days before the day on which the horse event is to be held, notify the board executive committee of the date, time, and name of the horse event; and (b) no later than 30 days after the day on which the horse event is held, notify the board executive committee of: (i) the number and type of competitions held at the horse event; (ii) the number of horses used; (iii) whether horse tripping occurred, and if so how many horses were used in horse tripping and how many times each horse was tripped; and (iv) whether a veterinarian was called during the horse event, and if so: (A) the name and contact information of the veterinarian; (B) the outcome of the veterinarian's examination of a horse; and (C) the veterinarian charges incurred. (2) (a) The department shall compile the reports received pursuant to Subsection (1) and provide the information to the board executive committee. (b) The board executive committee shall, at a meeting described in Subsection 4-2-108(9): (i) review the information described in Subsection (2)(a); and (ii) if necessary, make recommendations for rules or legislation designed to prohibit horse tripping. (3) The department shall fine the owner of a venue that fails to fulfill the duties described in Subsection (1) $500 per violation. (4) The department, in consultation with the board executive committee, shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to enforce this part.
Utah Code § 4-24-406 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-406
§ 4-24-406. Lifetime permit in lieu of brand inspection certificate -- Fees -- Permit to accompany animal -- Transfer.
Status: in_force

(1) The department may issue a "lifetime" permit upon the payment of a fee determined by the department pursuant to Subsection 4-2-103(2), in lieu of a certificate of brand inspection, for the transport of any horse or mule within or outside the state. (2) The words "lifetime travel permit" shall be stamped or printed on the permit. The permit shall accompany each horse or mule while it is in transit and shall identify the animal to which it applies by age, sex, color, brand, and scars. (3) A lifetime transportation permit is valid for as long as the horse or mule to which it applies continues to be owned by the person to whom the permit is issued. (4) A lifetime permit is transferable to a person within this state upon the transfer of ownership of such an animal, upon application for transfer and the payment of a permit transfer fee to the department in an amount determined by the department pursuant to Subsection 4-2-103(2).
Utah Code § 4-10-110 — Utah Code / Title 4 / Chapter 4-10 / § 4-10-110
§ 4-10-110. Sale of bedding, upholstered furniture, quilted clothing, or filling material -- Tag, stamp, or stencil required -- Secondhand material to bear tag -- Presumption -- Owner's own material to be tagged.
Status: in_force

(1) A wholesaler or retailer may sell bedding, upholstered furniture, quilted clothing, or prefabricated filling if it is properly tagged, stamped, or stenciled under Section 4-10-107 or 4-10-109. (2) Notwithstanding the requirements of Section 4-10-107, a retailer who sells used bedding or upholstered furniture shall: (a) attach a secondhand material tag to each used article before sale; or (b) clearly display a disclosure statement as provided in Subsection (3). (3) The disclosure statement required under Subsection (2)(b) shall: (a) state "ALL BEDDING AND UPHOLSTERED FURNITURE OFFERED FOR SALE IN THIS ESTABLISHMENT ARE SECONDHAND UNLESS SPECIFICALLY LABELED AS NEW"; (b) be printed: (i) in black capital letters using Arial, Calibri, Cambria, or Times New Roman in no smaller than 48-point font; and (ii) on bright yellow paper, at least 8.5 inches by 6.5 inches in size; and (c) be displayed at each public entrance and checkstand at each retail location. (4) Possession of an article by a person who regularly engages in the manufacture, repair, wholesale, or supply of such articles is presumptive evidence of intent to sell. (5) (a) A person who repairs "owner's own material" shall immediately upon its receipt attach an owner's material tag to the article. (b) The tag shall remain attached to the article until it is actually in the process of repair and shall be reattached upon completion of repair.
Utah Code § 4-5-205 — Utah Code / Title 4 / Chapter 4-5 / § 4-5-205
§ 4-5-205. Consumer commodities -- Labeling and packaging.
Status: in_force

(1) All labels of consumer commodities, as defined by this chapter, shall conform with the requirements for the declaration of net quantity of contents of 15 U.S.C. Sec. 1453 and the regulations promulgated pursuant thereto: provided, that consumer commodities exempted from 15 U.S.C. Sec. 1453(a)(4) shall also be exempt from this Subsection (1). (2) The label of any package of a consumer commodity that bears a representation as to the number of servings of the commodity contained in the package shall bear a statement of the net quantity in terms of weight, measure, or numerical count for each serving. (3) (a) No person shall distribute or cause to be distributed in commerce any packaged consumer commodity if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of contents required by Subsection (1), but nothing in this section shall prohibit supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents. (b) Supplemental statements of net quantity of contents may not include any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the commodity contained in the package. (4) (a) Whenever the department determines that rules other than those prescribed by Subsection (1) are necessary to prevent the deception of consumers or to facilitate value comparisons as to any consumer commodity, the department shall promulgate rules effective to: (i) establish and define standards for the characterization of the size of a package enclosing any consumer commodity, which may be used to supplement the label statement of net quantity of contents of packages containing the commodity, but this Subsection (4) does not authorize any limitation on the size, shape, weight, dimensions, or number of packages that may be used to enclose any commodity; (ii) regulate the placement upon any package containing any commodity, or upon any label affixed to a commodity, of any printed matter stating or representing by implication that the commodity is offered for retail sale at a price lower than the ordinary and customary retail sale price or that a retail sale price advantage is accorded to purchasers by reason of the size of that package or the quantity of its contents; (iii) require that the label on each package of a consumer commodity bear: (A) the common or usual name of such consumer commodity, if any; and (B) if the consumer commodity consists of two or more ingredients, the common or usual name of each such ingredient listed in order of decreasing predominance, but nothing in this Subsection (4) shall be considered to require that any trade secret be divulged; or (iv) prevent the nonfunctional slack-fill of packages containing consumer commodities. (b) For the purposes of Subsection (4)(a)(iv), a package is nonfunctionally slack-filled if it is filled to substantially less than its capacity for reasons other than: (i) protection of the contents of such package; or (ii) the requirements of machines used for enclosing the contents in such package; provided, that the department may adopt any rules promulgated according to the Fair Packaging and Labeling Act, 15 U.S.C. Sec. 1453.
Utah Code § 4-38-304 — Utah Code / Title 4 / Chapter 4-38 / § 4-38-304
§ 4-38-304. Gambling disclaimer.
Status: in_force

Nothing in this chapter may be construed to legalize or permit any form of gambling.
Utah Code § 4-8-104 — Utah Code / Title 4 / Chapter 4-8 / § 4-8-104
§ 4-8-104. Department functions, powers, and duties.
Status: in_force

The department shall exercise the following functions, powers, and duties, in addition to those specified in Chapter 1, General Provisions: (1) perform general supervision over the marketing, sale, trade, advertising, storage, and transportation practices, used in buying and selling products of agriculture in Utah; (2) conduct and publish surveys and statistical analyses with the department's own resources or with the resources of others through contract, regarding: (a) the cost of production for products of agriculture, including transportation, processing, storage, advertising, and marketing costs; (b) market locations, demands, and prices for such products; and (c) market forecasts; (3) assist and encourage producers of products of agriculture in controlling current and prospective production and market deliveries in order to stabilize product prices at prices that assure reasonable profits for producers and at the same time ensure adequate market supplies; (4) actively solicit input from the public and from interested groups or associations, through public hearings or otherwise, to assist in making fair determinations with respect to the production, marketing, and consumption of products of agriculture; (5) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in regard to "Utah's Own," a program dedicated to the promotion of locally produced products of agriculture.
Utah Code § 4-25-205 — Utah Code / Title 4 / Chapter 4-25 / § 4-25-205
§ 4-25-205. Owner liable for trespass of animals -- Exception -- Intervention by county representative.
Status: in_force

(1) The owner of any cattle, horse, ass, mule, sheep, goat, or swine that trespasses upon the premises of another person, except in cases where the premises are not enclosed by a lawful fence in a county or municipality that has adopted a fence ordinance, is liable in a civil action to the owner or occupant of the premises for any damage inflicted by the trespass. (2) A county representative may intervene to remove the animal and the county is entitled to fair compensation for costs incurred. If the animal is not claimed within 10 days after written notification is sent to the animal's owner, a county representative may sell the animal to cover costs incurred. (3) Notwithstanding Subsections (1) and (2), the owner of any cattle, horse, ass, mule, sheep, goat, or swine that trespasses upon the premises of another person is not liable in a civil action to the owner or occupant of the premises for damage inflicted by the trespass if: (a) the animal enters the premises from an historic livestock trail, as defined in Section 57-13b-102; and (b) the premises that was trespassed is not enclosed by an adequate fence at the time the trespass occurs.
Utah Code § 4-5a-104 — Utah Code / Title 4 / Chapter 4-5a / § 4-5a-104
§ 4-5a-104. Home producer direct sales -- Exempt from regulation.
Status: in_force

(1) A producer is exempt from state, county, or city licensing, permitting, certification, inspection, packaging, and labeling requirements, except as described in this section, related to the preparation, serving, use, consumption, or storage of food and food products if: (a) the producer complies with the requirements of this chapter; and (b) the homemade food or homemade food product is: (i) produced and sold within the state; (ii) sold directly to an informed final consumer; (iii) for personal or home consumption; and (iv) not exempted under Subsection 4-5a-105(1). (2) Notwithstanding Subsection (1), a producer shall comply with business license requirements in accordance with Section 10-1-203. (3) Except as provided in Subsection (7), food or food products sold under this section shall be labeled with: (a) the producer's name and address; (b) a disclosure statement indicating that the product is: (i) not for resale; and (ii) processed and prepared without state or local inspection; and (c) a statement listing whether the food or food product contains, or was prepared in a location that also handles, common allergens including milk, soy, wheat, eggs, peanuts or tree nuts, fish, or shellfish. (4) (a) If a producer meets the requirements of this section, the producer or producer's designated representative may distribute, sell, deliver, hold, store, or offer for sale a homemade food or homemade food product directly to an informed final consumer at a direct-to-sale location. (b) A producer retains ownership for a homemade food or homemade food product distributed, sold, delivered, held, stored, or offered for sale by a designated representative unless the producer and the designated representative agree to share or transfer ownership. (5) (a) Except as provided in Subsection (5)(b), homemade food or a homemade food product that is exempt from certain regulations as described in this chapter may not be sold to, or used by, a restaurant or commercial establishment. (b) A producer may sell a raw, unprocessed fruit or vegetable to a restaurant or commercial establishment. (6) A producer selling homemade food or homemade food products exempt under this section shall inform the final consumer that the food or food product is not certified, licensed, regulated, or inspected by the state or any county or city. (7) The requirements described in Subsection (3) do not apply to a direct sale by a home producer comprising only minor producers.
Utah Code § 4-24-403 — Utah Code / Title 4 / Chapter 4-24 / § 4-24-403
§ 4-24-403. Websites promoting the sale of livestock.
Status: in_force

(1) A website, created and maintained within the state, that markets the sale of livestock shall have the following statement clearly visible on each web page that displays advertised livestock: "Legality of Sales and Purchase, Health Laws. If you sell or purchase livestock on this site, you shall comply with all applicable legal requirements governing the transfer and shipment of livestock, including Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, and Title 4, Chapter 31, Control of Animal Disease. Please contact the Utah Department of Agriculture and Food at 801-982-2200 with any questions.". (2) A person who violates this section is subject to the penalties described in Section 4-24-506.
Utah Code § 4-41-103.5 — Utah Code / Title 4 / Chapter 4-41 / § 4-41-103.5
§ 4-41-103.5. Industrial hemp producer registration -- Limitation on industrial hemp product use.
Status: in_force

(1) A person may produce an industrial hemp product if the person has registered with the department as an industrial hemp producer. (2) A person seeking to register under Subsection (1) shall provide to the department: (a) the name of the person that is seeking to produce an industrial hemp product; (b) the address of each location where the industrial hemp product will be manufactured; and (c) written consent allowing a representative of the department to enter any premise where the person is manufacturing industrial hemp product for: (i) conducting a physical inspection; or (ii) ensuring compliance with the requirements of this chapter. (3) An industrial hemp product or byproduct may not be used for production of a cannabinoid product.
Utah Code § 4-37-502 — Utah Code / Title 4 / Chapter 4-37 / § 4-37-502
§ 4-37-502. Inspections -- Health approval report -- Report for quarantine facility -- Qualifications of inspectors -- Notification of department.
Status: in_force

(1) Approval shall be based upon inspections carried out in accordance with standards and rules of the Fish Health Policy Board made pursuant to Section 4-37-503. (2) (a) An inspection shall be conducted under the direction of an individual certified by the American Fisheries Society as an aquatic animal health inspector or fish pathologist. A sample may be collected by a federally accredited veterinarian, a state or federal animal health official, or an American Fisheries Society certified aquatic animal health inspector or fish pathologist. (b) An inspection of an aquaculture facility may not be done by an inspector who is employed by, or has pecuniary interest in, the facility being inspected. (c) The department shall post on its website a current list of: (i) certified fish health inspectors; and (ii) approved laboratories to which a fish health inspector may send the samples collected during the inspections required by this section. (d) (i) If the fish health inspector conducting the inspection is not an employee of the department, the owner or operator of the aquaculture facility shall notify the department of the date and time of the inspection at least five business days before the date on which the inspection will occur. (ii) The department may be present for the inspection. (3) To receive a health approval number, inspection reports and other evidence of the disease status of a source facility shall be submitted to the agency responsible for certifying the source as health approved pursuant to Section 4-37-501.
Utah Code § 4-46-103 — Utah Code / Title 4 / Chapter 4-46 / § 4-46-103
§ 4-46-103. Application of chapter to wildlife issues.
Status: in_force

This chapter may not be construed or applied to supersede or interfere with the powers and duties of the Division of Wildlife Resources or the Wildlife Board under Title 23A, Wildlife Resources Act, over: (1) conservation and management of protected wildlife within the state; (2) a program or initiative to restore and conserve habitat for fish and wildlife; or (3) acquisition, ownership, management, and control of real property or a real property interest, including a leasehold estate, an easement, a right-of-way, or a conservation easement.
Utah Code § 4-23-102 — Utah Code / Title 4 / Chapter 4-23 / § 4-23-102
§ 4-23-102. Purpose declaration.
Status: in_force

The Legislature finds and declares that it is important to the economy of the state to maintain agricultural production at the highest possible level and at the same time, to promote, to protect, and preserve the wildlife resources of the state.
Utah Code § 4-13-109 — Utah Code / Title 4 / Chapter 4-13 / § 4-13-109
§ 4-13-109. Sales or exchanges of plant food between manufacturers, importers, or manipulators permitted.
Status: in_force

This chapter may not be construed to restrict or avoid sales or exchanges of plant food to each other by importers, manufacturers, or manipulators who mix plant food materials for sale or as preventing the free and unrestricted shipment of plant food to manufacturers or manipulators who have registered their brands as required by this chapter.
Utah Code § 4-41-103.2 — Utah Code / Title 4 / Chapter 4-41 / § 4-41-103.2
§ 4-41-103.2. Cannabinoid processor license.
Status: in_force

(1) The department or a licensee of the department may process a cannabinoid product. (2) A person seeking a cannabinoid processor license shall provide to the department: (a) the legal description and global positioning coordinates sufficient for locating the facility the person uses to process industrial hemp; and (b) written consent allowing a representative of the department and local law enforcement to enter all premises where the person processes or stores industrial hemp for the purpose of: (i) conducting a physical inspection; or (ii) ensuring compliance with the requirements of this chapter. (3) The department may set a fee in accordance with Subsection 4-2-103(2) for the application for a cannabinoid processor license. (4) A licensee: (a) may only market a cannabinoid product that the licensee processes; and (b) shall dispose of waste and unused material from the production of a cannabinoid product in accordance with hazardous waste laws. (5) (a) An applicant for a cannabinoid processor license shall: (i) be at least 18 years old; and (ii) submit a nationwide criminal history from the Federal Bureau of Investigation to the department. (b) The department shall reject an individual's application for a cannabinoid processor license if the criminal history described in Subsection (5)(a)(ii) was not completed in the previous 90 days before the day the applicant submits the license application to the department. (6) An applicant is not eligible to receive a cannabinoid processor license if the applicant has: (a) been convicted of a felony; or (b) been convicted of a drug-related misdemeanor within the previous 10 years. (7) A person licensed under Section 4-41a-201 as a cannabis processing facility as defined in Section 4-41a-102 may produce a cannabinoid product that complies with the requirements of this chapter without obtaining a license under this section.
Utah Code § 4-20-106 — Utah Code / Title 4 / Chapter 4-20 / § 4-20-106
§ 4-20-106. Rangeland Improvement Account distribution.
Status: in_force

(1) The department shall distribute restricted account money as provided in this section. (a) The department shall: (i) distribute pro rata to each school district the money received by the state under Subsection 4-20-105(1)(b)(i) from the sale or lease of public lands based upon the amount of revenue generated from the sale or lease of public lands within the district; and (ii) ensure that all money generated from the sale or lease of public lands within a school district is credited and deposited to the general school fund of that school district. (b) (i) After the commissioner approves a request from a regional board, the department shall distribute pro rata to each regional board money received by the state under Subsection 4-20-105(1)(b)(i) from fees based upon the amount of revenue generated from the imposition of fees within that grazing district. (ii) The regional board shall expend money received in accordance with Subsection (2). (c) (i) The department shall distribute or expend money received by the state under Subsections 4-20-105(1)(b)(ii) and (iii) for the purposes outlined in Subsection (2). (ii) The department may require entities seeking funding from sources outlined in Subsections 4-20-105(1)(b)(ii) and (iii) to provide matching funds. (2) The department shall ensure that restricted account distributions or expenditures under Subsections (1)(b) and (c) are used for: (a) range improvement and maintenance; (b) the control of predatory and depredating animals; (c) the control, management, or extermination of invading species, range damaging organisms, and poisonous or noxious weeds; (d) the purchase or lease of lands or a conservation easement for the benefit of a grazing district; (e) watershed protection, development, distribution, and improvement; (f) the general welfare of livestock grazing within a grazing district; and (g) subject to Subsection (3), costs to monitor rangeland improvement projects. (3) Annual account distributions or expenditures for the monitoring costs described in Subsection (2)(g) may not exceed 10% of the annual receipts of the fund.
Utah Code § 4-25-103 — Utah Code / Title 4 / Chapter 4-25 / § 4-25-103
§ 4-25-103. County responsibility for estrays -- Contracts with other local governments authorized.
Status: in_force

(1) Each county is responsible for the disposition of all estrays found within the county's boundaries. (2) Each county in the discharge of the county's responsibility, however, may contract upon mutually agreeable terms with any city, town, or other county with an animal control office to perform any or all of the functions imposed by this chapter.
Utah Code § 4-34-107 — Utah Code / Title 4 / Chapter 4-34 / § 4-34-107
§ 4-34-107. Sale or use of donations by employee of public agency or charity prohibited.
Status: in_force

An employee of a nonprofit charitable organization or of a public agency may not sell, offer for sale, use, or consume any agricultural product donated or distributed under this chapter.
Utah Code § 4-41a-401 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-401
§ 4-41a-401. Cannabis production establishment -- General operating requirements.
Status: in_force

(1) (a) A cannabis production establishment shall operate in accordance with the operating plan described in Sections 4-41a-201 and 4-41a-204. (b) A cannabis production establishment shall notify the department before a change in the cannabis production establishment's operating plan. (c) (i) If a cannabis production establishment changes the cannabis production establishment's operating plan, the establishment shall ensure that the new operating plan complies with this chapter. (ii) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a process to: (A) review a change notification described in Subsection (1)(b); (B) identify for the cannabis production establishment each point of noncompliance between the new operating plan and this chapter; (C) provide an opportunity for the cannabis production establishment to address each identified point of noncompliance; and (D) suspend or revoke a license if the cannabis production establishment fails to cure the noncompliance. (2) A cannabis production establishment shall operate: (a) except as provided in Subsection (5), in a facility that is accessible only by an individual with a valid cannabis production establishment agent registration card issued under Section 4-41a-301; and (b) at the physical address provided to the department under Section 4-41a-201. (3) A cannabis production establishment may not employ an individual who is younger than 21 years old. (4) A cannabis production establishment may not employ an individual who has been convicted, under state or federal law, of: (a) a felony in the preceding 10 years; or (b) after December 3, 2018, a misdemeanor for drug distribution. (5) A cannabis production establishment may authorize an individual who is at least 18 years old and is not a cannabis production establishment agent to access the cannabis production establishment if the cannabis production establishment: (a) tracks and monitors the individual at all times while the individual is at the cannabis production establishment; and (b) maintains a record of the individual's access, including arrival and departure. (6) A cannabis production establishment shall operate in a facility that has: (a) a single, secure public entrance; (b) a security system with a backup power source that: (i) detects and records entry into the cannabis production establishment; and (ii) provides notice of an unauthorized entry to law enforcement when the cannabis production establishment is closed; and (c) a lock or equivalent restrictive security feature on any area where the cannabis production establishment stores cannabis or a cannabis product. (7) (a) A cannabis production establishment shall maintain a video surveillance system that: (i) tracks all handling and processing of cannabis or a cannabis product in the establishment; (ii) is tamper proof; and (iii) stores a video record for at least 45 days. (b) A cannabis production establishment shall provide the department access to the video surveillance system upon request.
Utah Code § 4-39-106 — Utah Code / Title 4 / Chapter 4-39 / § 4-39-106
§ 4-39-106. Department to make rules.
Status: in_force

(1) The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, after considering the recommendations of the advisory council: (a) specifying procedures for the application and renewal of licenses for operating a domesticated elk facility; (b) governing the disposal or removal of domesticated elk from a domesticated elk facility for which the license has lapsed or been revoked; (c) setting standards and requirements for operating a domesticated elk facility; (d) setting health requirements and standards for health inspections; and (e) governing the possession, transportation, and accompanying documentation of domesticated elk carcasses. (2) The department may make other rules consistent with its responsibilities set forth in Section 4-39-103.
Utah Code § 4-17-112 — Utah Code / Title 4 / Chapter 4-17 / § 4-17-112
§ 4-17-112. Jurisdiction of state and local agencies to control weeds.
Status: in_force

The departments or agencies of state and local governments shall develop, implement, and pursue an effective program for the control and containment of noxious weeds on all lands under the department's or agency's control or jurisdiction, including highways, roadways, rights-of-way, easements, game management areas, and state parks and recreation areas.
Utah Code § 4-41a-501 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-501
§ 4-41a-501. Cannabis cultivation facility -- Operating requirements.
Status: in_force

(1) A cannabis cultivation facility shall ensure that any cannabis growing at the cannabis cultivation facility is not visible from the ground level of the cannabis cultivation facility perimeter. (2) A cannabis cultivation facility shall use a unique identifier that is connected to the facility's inventory control system to identify: (a) beginning at the time a cannabis plant is eight inches tall and has a root ball, each cannabis plant; (b) each unique harvest of cannabis plants; (c) each batch of cannabis the facility transfers to a medical cannabis pharmacy, a cannabis processing facility, or an independent cannabis testing laboratory; and (d) any excess, contaminated, or deteriorated cannabis of which the cannabis cultivation facility disposes. (3) A cannabis cultivation facility shall identify cannabis biomass as cannabis byproduct or cannabis plant product before transferring the cannabis biomass from the facility. (4) A cannabis cultivation facility shall either: (a) ensure that a cannabis processing facility chemically or physically processes cannabis cultivation byproduct to produce a cannabis concentrate for incorporation into cannabis derivative products; or (b) destroy cannabis cultivation byproduct in accordance with Section 4-41a-405. (5) (a) A cannabis cultivation facility may, for quality assurance or remediation purposes, use methods and equipment as approved by the department through rule. (b) The department shall allow the use of radiation-based methods and equipment in rules created under Subsection (5)(a). (6) The department shall make rules establishing: (a) the records a cannabis cultivation facility shall keep regarding each batch, amount of product treated, and the methods used; and (b) disclosure requirements to a cannabis processor receiving the material subject to the radiation including the methods and equipment used.
Utah Code § 4-22-103 — Utah Code / Title 4 / Chapter 4-22 / § 4-22-103
§ 4-22-103. Utah Dairy Commission created.
Status: in_force

(1) There is created an independent state agency known as the Utah Dairy Commission. (2) Subject to Subsection (5), the Utah Dairy Commission consists of 11 members as follows: (a) nine voting members as follows: (i) two from District 1, which consists of Cache and Rich Counties; (ii) four members from District 2, which consists of Box Elder, Weber, Morgan, Salt Lake, Davis, Utah, Tooele, Wasatch, Summit, Duchesne, Uintah, and Daggett Counties; and (iii) three members from District 3, which consists of Millard, Beaver, Iron, Washington, Sanpete, Carbon, Emery, Grand, Juab, San Juan, Piute, Wayne, Kane, Garfield, and Sevier Counties; and (b) two nonvoting members as follows: (i) the commissioner or the commissioner's designee; and (ii) the dean of the College of Agriculture at Utah State University, or the dean's designee. (3) The voting members listed in Subsection (2)(a) shall be elected to four-year terms of office as provided in Section 4-22-105. (4) A voting member shall enter office on July 1 of the year in which the member is elected. The commission shall stagger the voting members' terms so that no more than three voting members' terms expire in a given year. (5) (a) To maintain equitable representation of active milk producers on the commission, the commission may, by a two-thirds vote: (i) alter the boundaries comprising the districts established in Subsection (2)(a); or (ii) increase or decrease the number of voting members in each district without altering the total number of commission members. (b) If the commission increases the number of voting members in a district under this Subsection (5), a new member will be elected as provided in Section 4-22-105. (c) If the commission decreases the number of voting members in a district under this Subsection (5), each member representing the district will continue in office through the end of the member's term and the member whose term expires first will not be replaced or reelected upon expiration of the member's term. (d) If the commission acts under this Subsection (5), it shall report the changes to the Natural Resources, Agriculture, and Environment Interim Committee. (6) A member shall be: (a) a citizen of the United States; (b) 21 years old or older; (c) an active milk producer with five consecutive years of experience in milk production within this state immediately preceding election; and (d) a resident of Utah and the district represented.
Utah Code § 4-25-202 — Utah Code / Title 4 / Chapter 4-25 / § 4-25-202
§ 4-25-202. Report of estrays -- Possession -- Relief from liability.
Status: in_force

(1) As used in this section, "division" means the Division of Wildlife Resources. (2) A person, other than an official of the county or of an animal control office under contract with the county, who finds an estray shall report the estray to the county or animal control office immediately. (3) Upon receipt of notification under Subsection (2), the county or the animal control office shall: (a) take possession of the estray; or (b) if appropriate, authorize the person in possession of the estray to maintain and care for the estray pending determination and location of the estray's owner. (4) A person who gives notice of an estray and delivers the estray to the county or animal control office is not liable to third parties on account of the estray to the extent of the value of the animal. (5) (a) If an employee of the department or the division, acting in the employee's official capacity, finds an estray, the employee shall: (i) comply with the requirements of Subsection (2); and (ii) make a reasonable attempt to contact the estray's owner. (b) The county or animal control office receiving a report of an estray from an employee of the department or the division shall: (i) take possession of the estray; or (ii) authorize the department or the division in writing or through electronic means to take possession of the estray. (c) If the county or animal control office does not comply with Subsection (5)(b) within 72 hours from the time the division reports an estray, the division may take possession of the estray. (d) If the division takes possession of the estray, the division shall: (i) make a reasonable attempt to return the estray to the estray's owner; or (ii) if unable to return the estray to the estray's owner, deliver the estray to the county or animal control office. (e) If the division is unable to take possession of the estray after a reasonable attempt, the division may cause the death of the estray if the division determines that the estray presents a material threat to wildlife by: (i) predation; (ii) pathogen transmission; or (iii) genetic introgression. (f) If the division causes the death of an estray under Subsection (5)(e), the division shall: (i) compensate the owner of the estray at full market value of the estray; or (ii) if the owner of the estray cannot be determined, deposit an amount equal to the full market value of the estray into the Agricultural and Wildlife Damage Prevention Account created in Section 4-23-108. (6) Notwithstanding the requirements of Subsection (5), the division may immediately take possession of an estray or cause an estray to move away from wildlife if the estray presents an imminent material threat to wildlife by: (a) predation; (b) pathogen transmission; or (c) genetic introgression.
Utah Code § 4-2-801 — Utah Code / Title 4 / Chapter 4-2 / § 4-2-801
§ 4-2-801. Good manufacturing practices for cosmetics.
Status: in_force

(1) As used in this section: (a) "Cosmetic" means the same as that term is defined in 21 U.S.C. Sec. 321. (b) "Good manufacturing practices" means the current good manufacturing practices described in the United States Food and Drug Administration's Guidance for Industry: Cosmetic Good Manufacturing Practices. (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with this section, the department shall make and enforce rules establishing a voluntary certification program for good manufacturing practices for cosmetics, including: (i) the criteria for receiving a good manufacturing practices certificate, including the qualifications for registering with the department as required by Subsection (3)(a); (ii) the process to apply for and receive a good manufacturing practices certificate under this section; and (iii) criteria by which the department will determine the term of a good manufacturing practices certificate in accordance with Subsection (5). (b) Rules made pursuant to this section may not be more stringent than: (i) rules established by federal law; or (ii) guidance published by the United States Food and Drug Administration. (3) The department's good manufacturing practices certification program shall provide for the issuance of a certificate to an applicant if: (a) the applicant is registered with the department pursuant to registration requirements established by the department under Subsection (2)(a); (b) the applicant submits an application to the department requesting a certificate for the applicant's manufacturing facility; and (c) the department inspects the applicant's manufacturing facility and determines that the applicant is in compliance with good manufacturing practices. (4) (a) In accordance with Section 63J-1-504, the department shall adopt a schedule of registration and certificate fees to cover the department's costs of administering the certification program described in this section. (b) Notwithstanding Section 63J-1-504, the department shall retain the fees as dedicated credits. (5) A good manufacturing practices certificate issued under this section shall: (a) specify the certificate issuance date and expiration date; and (b) be valid for a term of one to three years as determined by the department pursuant to criteria established under Subsection (2)(a).
Utah Code § 4-41a-1205 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-1205
§ 4-41a-1205. Home delivery of medical cannabis shipments.
Status: in_force

(1) An individual may not receive and a medical cannabis pharmacy agent or a medical cannabis courier agent may not deliver a medical cannabis shipment from a home delivery medical cannabis pharmacy unless: (a) the individual receiving the shipment presents: (i) a government issued photo identification; and (ii) (A) a valid medical cannabis card under the same name that appears on the government issued photo identification; or (B) for a facility that a medical cannabis cardholder has designated as a caregiver under Subsection 26B-4-214(1)(b), evidence of the facility caregiver designation; and (b) the delivery occurs at: (i) the delivery address that is on file in the state electronic verification system; or (ii) the facility that the medical cannabis cardholder has designated as a caregiver under Subsection 26B-4-214(1)(b). (2) (a) A medical cannabis pharmacy agent may not deliver a medical cannabis shipment on behalf of a home delivery medical cannabis pharmacy unless the medical cannabis pharmacy agent is currently employed by the home delivery medical cannabis pharmacy. (b) A medical cannabis courier agent may not deliver a medical cannabis shipment on behalf of a medical cannabis courier unless the medical cannabis courier agent is currently employed by the medical cannabis courier. (c) Before a medical cannabis pharmacy agent or a medical cannabis courier agent distributes a medical cannabis shipment to a medical cannabis cardholder, the agent shall: (i) verify the shipment information using the state electronic verification system; (ii) ensure that the individual satisfies the identification requirements in Subsection (1); (iii) verify that payment is complete; and (iv) record the completion of the shipment transaction in a manner such that the delivery of the shipment will later be recorded within a reasonable period in the electronic verification system. (3) When delivering a medical cannabis shipment, a home delivery medical cannabis pharmacy or medical cannabis courier shall: (a) store each medical cannabis shipment in a secure manner until the recipient medical cannabis cardholder receives the shipment or the medical cannabis courier returns the shipment to the home delivery medical cannabis pharmacy in accordance with Subsection (4); (b) use adequate storage or shipping containers and shipping processes to ensure medical cannabis stability and potency and appropriate storage temperatures throughout delivery; (c) use shipping containers sealed in a manner to detect evidence of opening or tampering; (d) ensure that only a home delivery medical cannabis pharmacy agent or medical cannabis courier agent is able to access the medical cannabis shipment until the recipient medical cannabis cardholder receives the shipment; (e) return any undelivered medical cannabis shipment to the home delivery medical cannabis pharmacy, in accordance with Subsection (4), within 14 days from the day the medical cannabis shipment was shipped; and (f) return any medical cannabis shipment to the home delivery medical cannabis pharmacy, in accordance with Subsection (4), if a medical cannabis cardholder refuses to accept the shipment. (4) (a) If a medical cannabis courier or home delivery medical cannabis pharmacy agent returns an undelivered medical cannabis shipment before the home delivery medical cannabis pharmacy may repackage the medical cannabis in the returned medical cannabis shipment, the pharmacist at the home delivery medical cannabis pharmacy shall: (i) verify that the medical cannabis was returned to the original home delivery medical cannabis pharmacy within 14 days from the day the medical cannabis was shipped; and (ii) determine in the pharmacist's clinical judgment that the medical cannabis's integrity is intact and the security of the drug packaging has not been compromised. (b) For returned medical cannabis described in Subsection (4)(a) that a pharmacist deems does not comply with Subsection (4)(a)(i) or (ii), the home delivery medical cannabis pharmacy shall dispose of the medical cannabis by: (i) rendering the medical cannabis unusable and unrecognizable before transporting the medical cannabis from the home delivery medical cannabis pharmacy; and (ii) disposing of the medical cannabis in accordance with: (A) federal and state laws, rules, and regulations related to hazardous waste; (B) the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.; (C) Title 19, Chapter 6, Part 5, Solid Waste Management Act; and (D) other regulations that the department makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code § 4-15-103 — Utah Code / Title 4 / Chapter 4-15 / § 4-15-103
§ 4-15-103. Definitions.
Status: in_force

As used in this part: (1) "Balled and burlapped stock" means nursery stock that is removed from the growing site with a ball of soil containing its root system intact and encased in burlap or other material to hold the soil in place. (2) "Bare-root stock" means nursery stock that is removed from the growing site with the root system free of soil. (3) "Compliance agreement" means any written agreement between a person and a regulatory agency to achieve compliance with any set of requirements being enforced by the department. (4) "Container stock" means nursery stock that is transplanted in soil or in a potting mixture contained within a metal, clay, plastic, or other rigid container for a period sufficient to allow newly developed fibrous roots to form, so that if the plant is removed from the container the plant's root-media ball will remain intact. (5) "Etiolated growth" means bleached and unnatural growth resulting from the exclusion of sunlight. (6) "Minimum indices of vitality" mean standards adopted by the department to determine the health and vigor of nursery stock offered for sale in this state. (7) "National nursery stock cleanliness standards" means nursery stock that: (a) is free from quarantine pests and pests of concern; (b) has all nonquarantine plant pests under effective control; (c) meets the national nursery stock cleanliness standards; and (d) is eligible for nursery stock certification and shipping permits. (8) "Nonestablished container stock" means deciduous nursery stock that is transplanted in soil or in a potting mixture contained within a metal, clay, plastic, or other rigid container for a period insufficient to allow the formation of fibrous roots sufficient to form a root-media ball. (9) "Nursery" means any place where nursery stock is propagated and grown for sale or distribution. (10) (a) "Nursery agent" means a person who solicits or takes an order for the sale of nursery stock, other than on the premises of a nursery or nursery outlet. (b) "Nursery agent" includes a nursery landscaper. (11) "Nursery outlet" means any place or location where nursery stock is offered for wholesale or retail sale. (12) (a) "Nursery stock" means: (i) all plants, whether field grown, container grown, or collected native plants; (ii) trees, shrubs, vines, grass sod; (iii) seedlings, perennials, biennials, annuals; and (iv) buds, cuttings, grafts, or scions grown or collected or kept for propagation, sale, or distribution. (b) "Nursery stock" does not include: (i) dormant bulbs, tubers, roots, corms, rhizomes, or pips; (ii) field, vegetable, or flower seeds; or (iii) cut flowers, unless stems or other portions of the cut flowers are intended for propagation. (13) "Packaged stock" means bare-root stock that is packed either in bundles or in single plants with the roots in some type of moisture-retaining material designed to retard evaporation and hold the moisture-retaining material in place. (14) "Pests of concern" means a nonquarantine pest that: (a) is not known to occur in the state, or that has a limited distribution within the state; and (b) has the potential to negatively impact nursery stock health or pose an unacceptable economic or environmental risk. (15) "Place of business" means each separate nursery, or nursery outlet, where nursery stock is offered for sale, sold, or distributed. (16) "Plant pests" means: (a) the egg, pupal, and larval stage, as well as any other living stage of any insect, mite, nematode, slug, snail, protozoa, or other invertebrate animal; (b) bacteria; (c) fungi; (d) parasitic plant or a reproductive part of a parasitic plant; (e) virus or viroid; (f) phytoplasma; or (g) any infectious substance that can injure or cause disease or damage in any plant. (17) "Quarantine pest" means a pest that poses potential negative economic or environmental impact to an area in which the pest currently: (a) does not exist; or (b) exists, but its presence is not widely distributed or is being officially controlled. (18) "Shipping permit or certificate of inspection" means a sticker, stamp, imprint, or other document that accompanies nursery stock shipped intrastate and documents that the originating nursery: (a) is licensed; and (b) (i) has stock that has passed annual inspection; or (ii) produces stock that meets the National Nursery Stock Compliance Standard.
Utah Code § 4-26-101 — Utah Code / Title 4 / Chapter 4-26 / § 4-26-101
§ 4-26-101. Failure to close entrance to enclosure -- Class C misdemeanor -- Damages.
Status: in_force

A person who willfully throws down a fence or opens bars or gates into an enclosure other than the person's own enclosure or into an enclosure jointly owned or occupied by the person and others, and leaves the enclosure open: (1) is guilty of a class C misdemeanor; and (2) is liable in damage for an injury sustained by a person as a result of the act.
Utah Code § 4-32a-207 — Utah Code / Title 4 / Chapter 4-32a / § 4-32a-207
§ 4-32a-207. Fees set by department -- Cost of chronic wasting disease testing.
Status: in_force

(1) The department shall adopt a schedule of fees to cover the cost of this part. (2) The owner of domesticated game slaughtered under this part is responsible for the cost of required chronic wasting disease testing.
Utah Code § 4-31-116 — Utah Code / Title 4 / Chapter 4-31 / § 4-31-116
§ 4-31-116. Quarantine -- Peace officers to assist in maintenance of quarantine.
Status: in_force

(1) The commissioner may quarantine any infected domestic animal or area within the state to prevent the spread of infectious or contagious disease. (2) A sheriff or other peace officer in the state shall, upon request of the commissioner, assist the department in maintaining a quarantine and arrest a person who violates the quarantine. (3) The department shall pay all costs and fees incurred by any law enforcement authority in assisting the department.
Utah Code § 4-37-602 — Utah Code / Title 4 / Chapter 4-37 / § 4-37-602
§ 4-37-602. Adjudicative proceedings -- Presiding officer.
Status: in_force

(1) Adjudicative proceedings under this chapter shall be conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. (2) The revocation of an aquaculture facility's license, the denial of an aquaculture facility's future license, and a denial or cancellation of an aquaculture facility's health approval number is a state agency action governed by Title 63G, Chapter 4, Administrative Procedures Act. (3) (a) An owner or operator of an aquaculture facility may ask for an agency review, as provided by Section 63G-4-301, of an agency action specified in Subsection (2). (b) The presiding officer, as defined in Section 63G-4-103, conducting the agency review shall consist of three members as follows: (i) the person representing sport fishermen, appointed under Subsection 4-37-503(4)(a)(i)(C); (ii) one person representing the aquaculture industry, appointed by the governor from names submitted by a nonprofit corporation, as defined in Section 16-6a-102, that promotes the efficient production, distribution, and marketing of aquaculture products and the welfare of all persons engaged in aquaculture; and (iii) one person, appointed by the governor, who is knowledgeable about aquatic diseases and is employed by an institution of higher education. (c) If the governor rejects all the names submitted under Subsection (3)(b)(ii), the recommending nonprofit corporation shall submit additional names. (d) The final decision of the presiding officer shall be adopted upon approval of at least two of the members. (e) The term for the member listed in Subsection (3)(b)(i) shall be the same as provided in Section 4-37-503. (f) The term for the members appointed under Subsections (3)(b)(ii) and (iii) shall be four years. (4) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Utah Code § 4-8-102 — Utah Code / Title 4 / Chapter 4-8 / § 4-8-102
§ 4-8-102. Purpose declaration.
Status: in_force

(1) The Legislature finds and declares that in order to preserve the agricultural industry of this state it is necessary to protect and improve the economic status of persons engaged in the production of products of agriculture. (2) To carry out the policy described in Subsection (1), the Legislature determines it necessary to regulate the production and marketing of such products and to prohibit unfair and injurious trade practices. (3) This chapter shall be liberally construed.
Utah Code § 4-41a-1107 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-1107
§ 4-41a-1107. Medical cannabis pharmacy agent registration card -- Rebuttable presumption.
Status: in_force

(1) A medical cannabis pharmacy agent shall carry the individual's medical cannabis pharmacy agent registration card with the individual at all times when: (a) the individual is on the premises of a medical cannabis pharmacy; and (b) the individual is transporting cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device between a cannabis production establishment and a medical cannabis pharmacy. (2) If an individual handling, at a medical cannabis pharmacy, cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device or transporting cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, possesses the cannabis, cannabis product, or medical cannabis device in compliance with Subsection (1): (a) there is a rebuttable presumption that the individual possesses the cannabis, cannabis product, or medical cannabis device legally; and (b) there is no probable cause, based solely on the individual's possession of the cannabis in medicinal dosage form, cannabis product in medicinal dosage form, or medical cannabis device in compliance with Subsection (1), that the individual is engaging in illegal activity. (3) (a) A medical cannabis pharmacy agent who fails to carry the agent's medical cannabis pharmacy 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) is 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 medical cannabis pharmacy of each conviction under Subsection (3)(a). (ii) For each violation described in Subsection (3)(a)(ii), the department may assess the relevant medical cannabis pharmacy 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 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 (3)(a).
Utah Code § 4-30-107 — Utah Code / Title 4 / Chapter 4-30 / § 4-30-107
§ 4-30-107. Guidelines delineated for decision on application.
Status: in_force

(1) The department, in determining whether to approve or deny the application, shall consider: (a) the applicant's proven or potential ability to comply with the Packers and Stockyards Act, 7 U.S.C. Sec. 221 through 229b; (b) the financial stability, business integrity, and fiduciary responsibility of the applicant; (c) the livestock marketing benefits which potentially will be derived from the establishment and operation of the public livestock market proposed; (d) the need for livestock market services in the trade area proposed; (e) the adequacy of the livestock market location and facilities proposed in the application, including facilities for health inspection and testing; (f) whether the operation of the proposed livestock market is likely to be permanent; and (g) the economic feasibility of the proposed livestock market based on competent evidence. (2) Any interested person may appear at the hearing on the application and give an opinion or present evidence either for or against granting the application.
Utah Code § 4-13-104 — Utah Code / Title 4 / Chapter 4-13 / § 4-13-104
§ 4-13-104. Labeling requirements for fertilizer and soil amendments specified.
Status: in_force

(1) A container of fertilizer distributed in this state shall bear a label in clearly legible and conspicuous form setting forth the: (a) brand name and grade; (b) guaranteed analysis, except that: (i) sources of nutrients, when shown on the label, shall be listed below the completed guaranteed analysis in order of predominance; (ii) guarantees of zeros may not be made and may not appear in statement except in nutrient guarantee breakdowns; and (iii) if chemical forms of nitrogen are claimed or required, the form shall be shown, but no implied order of the forms of nitrogen is intended; (c) subject to Subsection (12), derivation statement of guaranteed nutrients if present; (d) directions for use when applicable; (e) caution or warning statement when applicable; (f) name and address of the registrant or the manufacturer, if different from the registrant; (g) net weight or volume; and (h) lot number. (2) A container of specialty fertilizer distributed in this state shall bear a label in clear, legible, and conspicuous form setting forth the information specified in Subsections (1)(a) through (h). (3) A shipment of custom blend fertilizer shall be accompanied by a printed or written statement setting forth the: (a) information specified in Subsections (1)(a) through (c); (b) name and address of the licensed blender; (c) net weight or volume; and (d) lot number. (4) A person who ships fertilizer material shall accompany the shipment of fertilizer material with a printed or written statement setting forth the: (a) information specified in Subsections (1)(a) through (c); (b) name and address of the registrant if different from the supplier or shipper; (c) net weight or volume; and (d) lot number. (5) A soil amendment or beneficial substance distributed in the state shall bear a label in clearly legible and conspicuous form setting forth: (a) the brand name; (b) a statement of composition showing the amount of each non-nutritive ingredient, that is the agent in a product primarily responsible for the intended effects using the following format: (i) for a soil amendment:SOIL AMENDING INGREDIENTS1. Name of the ingredient% or other acceptable units (ii) for a beneficial substance:CONTAINS BENEFICIAL SUBSTANCE(S)1. Name of beneficial substance% or other acceptable units2. Genus and species of microorganismviable CFU/cm3,/mL,/g, or other acceptable units3. Name of the ingredient% or other acceptable units(Substances shall include ingredient source, if applicable. Ex. humic acid from leonardite or saponin from Yucca schidigera) (c) the purpose of product; (d) the direction for application; (e) the caution or warning statement when applicable; (f) the name and address of the registrant or the manufacturer, if different from the registrant; and (g) the net weight or volume. (6) In case of a bulk shipment, the information required by Subsection (5) in written or printed form shall accompany delivery and be supplied to the purchaser at time of delivery. (7) The grade is not required on a fertilizer label when no primary nutrients are claimed or are less than 1%. (8) Additional nutrient guarantees may not be an extension of the grade statement and shall be a separate line or include terms such as "plus," "with," or "including." (9) The department may require proof of claims made, usefulness, and value of the soil amendments. (10) Information or a statement may not appear on a package, label, delivery slip, or advertising matter that is false or misleading to the purchaser as to the use, value, quality, analysis, type, or composition of the plant food. (11) A plant food is misbranded if: (a) the labeling is false or misleading in any particular; (b) the plant food is distributed under the name of another plant food product; (c) the plant food is not labeled as required; or (d) the plant food purports to be or is represented as plant food, or is represented as containing an ingredient that does not conform with the definition of identity or any commonly accepted definitions of official fertilizer terms. (12) An abbreviation, brand name, trade mark, or trade name may not appear in a derivation statement.
Utah Code § 4-31-109.1 — Utah Code / Title 4 / Chapter 4-31 / § 4-31-109.1
§ 4-31-109.1. Trichomoniasis fines.
Status: in_force

(1) A person who knowingly sells a bull infected with trichomoniasis, other than to slaughter, without declaring the disease status of the animal shall be subject to citation and fines as prescribed by the department or may be called to appear before an administrative proceeding by the department, as established by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and Section 4-31-109. (2) After May 15 of each calendar year, an owner of a bull that has not been tested for trichomoniasis may be fined $1,000 per bull. (3) An owner of a bull that has not been tested for trichomoniasis and that has been exposed to female cattle may be fined $1,000 per animal regardless of the time of year.
Utah Code § 4-21-301 — Utah Code / Title 4 / Chapter 4-21 / § 4-21-301
§ 4-21-301. State disclaimer of liability.
Status: in_force

The state is not liable for the acts or omissions of the council, council officers, agents, or employees.
Utah Code § 4-17-104 — Utah Code / Title 4 / Chapter 4-17 / § 4-17-104
§ 4-17-104. Creation of State Weed Committee -- Membership -- Powers and duties -- Expenses.
Status: in_force

(1) There is created a State Weed Committee composed of eight members, with each member representing one of the following: (a) the Department of Agriculture and Food created in Section 4-2-102; (b) the Department of Natural Resources created in Section 79-2-201; (c) the Utah State University Agricultural Experiment Station; (d) the Utah State University Extension Service; (e) the Utah Association of Counties; (f) private agricultural industry; (g) the Utah Weed Control Association; and (h) the Utah Weed Supervisors Association. (2) The commissioner shall select the members of the committee from those nominated by each of the respective groups or agencies described in Subsection (1) following approval by the executive committee of the Agricultural Advisory Board. (3) (a) Except as required by Subsection (3)(b), as terms of current committee members expire, the commissioner shall appoint each new member or reappointed member to a four-year term. (b) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of committee members are staggered so that approximately half of the committee is appointed every two years. (4) (a) Members may be removed by the commissioner for cause. (b) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term. (5) The State Weed Committee shall: (a) confer and advise on matters pertaining to the planning, implementation, and administration of the state noxious weed program; (b) recommend nominees to the commissioner for membership on the committee; and (c) serve as members of the executive committee of the Utah Weed Control Association. (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 under Sections 63A-3-106 and 63A-3-107.
Utah Code § 4-37-105 — Utah Code / Title 4 / Chapter 4-37 / § 4-37-105
§ 4-37-105. Responsibilities of Wildlife Board and Division of Wildlife Resources.
Status: in_force

(1) The Wildlife Board and Division of Wildlife Resources are responsible for determining the species of aquatic animals which may be imported into, possessed, and transported within the state. (2) Subject to the policies and rules of the Fish Health Policy Board, the Wildlife Board and the Division of Wildlife Resources shall: (a) act to prevent the outbreak and act to control the spread of disease-causing pathogens among aquatic animals in public aquaculture facilities; and (b) act to prevent the spread of disease-causing pathogens from aquatic animals in, to be deposited in, or harvested from public aquaculture facilities and private ponds to wild aquatic animals, other animals, and humans.
Utah Code § 4-37-305 — Utah Code / Title 4 / Chapter 4-37 / § 4-37-305
§ 4-37-305. Fishing license not required to fish at fee fishing facilities -- Transportation of dead fish.
Status: in_force

(1) A fishing license is not required to take fish from fee fishing facilities. (2) To transport dead fish from fee fishing facilities the fish shall be accompanied by the seller's receipt containing the following information: (a) species and number of fish; (b) date caught; (c) license number of the fee fishing facility; and (d) name, address, and telephone number of the seller.
Utah Code § 4-41a-1005 — Utah Code / Title 4 / Chapter 4-41a / § 4-41a-1005
§ 4-41a-1005. Maximum number of licenses -- Medical cannabis pharmacy regions.
Status: in_force

(1) The licensing board shall issue up to 17 medical cannabis pharmacy licenses in accordance with this section including the two medical cannabis pharmacy licenses in accordance with Section 4-41a-1006. (2) (a) The licensing board shall: (i) evaluate each applicant and award the license to the applicant that best demonstrates: (A) experience with establishing and successfully operating a business that involves complying with a regulatory environment, tracking inventory, and training, evaluating, and monitoring employees; (B) an operating plan that will best ensure the safety and security of patrons and the community; (C) positive connections to the local community; (D) the suitability of the proposed location and the location's accessibility for qualifying patients; (E) the extent to which the applicant can increase efficiency and reduce the cost of medical cannabis for patients; and (F) a strategic plan described in Subsection 4-41a-1004(7) that has a comparatively high likelihood of success; and (ii) when awarding a license, use the regions described in Subsection (4)(a) to ensure a geographic dispersal among licensees that is sufficient to reasonably maximize access to the largest number of medical cannabis cardholders. (b) In making the evaluation described in Subsection (2)(a), the licensing board may give increased consideration to applicants who indicate a willingness to: (i) site a medical cannabis pharmacy in an area or population center designated as a medically underserved area or population as determined by the federal Health Resources and Services Administration; and (ii) operate as a home delivery medical cannabis pharmacy that accepts electronic medical cannabis orders. (3) The licensing board may conduct a face-to-face interview with an applicant for a license that the licensing board evaluates under Subsection (2). (4) (a) Through rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall divide the state into at least four geographic regions for locating medical cannabis pharmacies. (b) When creating regions the department shall create regions that allow for a geographic dispersal among licensees that is sufficient to reasonably maximize access to the largest number of medical cannabis cardholders.