reglab/housing_qa huggingface dataset:
UT Code § 4-14-108 (2021)
2021 Utah Code|Title 4 - Utah Agricultural Code|Chapter 14 - Utah Pesticide Control Act|Section 108 - Suspension or revocation -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Award of costs authorized.

 Effective 7/1/2017  4-14-108. Suspension or revocation -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Award of costs authorized.    (1) The department may revoke or suspend the registration of any 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 any 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 is authorized in a court of competent jurisdiction to seek 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) No bond shall be required of the department in an injunctive proceeding brought under this section.       (4)   (a) Subject to Subsection (4)(b), if condemnation is ordered, the pesticide or equipment shall be disposed of 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 pesticide applicator license;     (b) revoke a pesticide applicator license for cause; or     (c) suspend a pesticide applicator license for cause.       (7)   (a) If a pesticide 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 licensee received notice of the revocation or suspension.     (b) A licensee who fails to return a license, as described in Subsection (7)(a), may be subjected to an administrative fine of up to $100 for each 14 days the license is not returned.      Renumbered and Amended by Chapter 345, 2017 General Session
UT Code § 4-14-109 (2021)
2021 Utah Code|Title 4 - Utah Agricultural Code|Chapter 14 - Utah Pesticide Control Act|Section 109 - Examination requirements for license to act as applicator may be waived through reciprocal agreement.

 Effective 7/1/2017  4-14-109. Examination requirements for license to act as applicator may be waived through reciprocal agreement.  The department may waive any or all examination requirements specified in rule for a noncommercial, commercial, or private pesticide applicator through a reciprocal agreement with another state whose examination requirements and standards for licensure are substantially similar to those of Utah. Renumbered and Amended by Chapter 345, 2017 General Session
UT Code § 4-14-110 (2021)
2021 Utah Code|Title 4 - Utah Agricultural Code|Chapter 14 - Utah Pesticide Control Act|Section 110 - Defenses.

 Effective 7/1/2017  4-14-110. Defenses.    (1) As an affirmative defense to any action brought as a result of the alleged misuse or misapplication of a pesticide, a person may present evidence that as of the time of the alleged violation, the person was in compliance with label directions, this chapter, and any rules issued in accordance with this chapter.     (2) A person is not liable for injuries resulting from the misuse or misapplication of a pesticide unless the person was negligent.    Renumbered and Amended by Chapter 345, 2017 General Session
UT Code § 4-15-101 (2021)
2021 Utah Code|Title 4 - Utah Agricultural Code|Chapter 15 - The Utah Nursery Act|Section 101 - Title.

 Effective 7/1/2017  4-15-101. Title.  This chapter is known as "The Utah Nursery Act." Renumbered and Amended by Chapter 345, 2017 General Session
UT Code § 4-15-102 (2021)
2021 Utah Code|Title 4 - Utah Agricultural Code|Chapter 15 - The Utah Nursery Act|Section 102 - Background and purpose.

 Effective 7/1/2017  4-15-102. Background and purpose.  The Legislature finds that:  (1) nursery stock can harbor and vector plant pests and diseases;     (2) unregulated production and shipping of nursery stock presents an unacceptable risk to the state's agricultural, forestry, and horticultural interests, and to the state's general environmental quality; and     (3) it is necessary to ensure that nurseries produce healthy plants and that nursery stock shipped to other nurseries, brokers, and out-of-state customers meets national nursery stock cleanliness standards.    Renumbered and Amended by Chapter 345, 2017 General Session
UT Code § 4-15-104 (2021)
2021 Utah Code|Title 4 - Utah Agricultural Code|Chapter 15 - The Utah Nursery Act|Section 104 - Department authorized to make and enforce rules.

 Effective 7/1/2017  4-15-104. Department authorized to make and enforce rules.  The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to make and enforce rules necessary to administer and enforce this chapter. Renumbered and Amended by Chapter 345, 2017 General Session
UT Code § 4-15-105 (2021)
2021 Utah Code|Title 4 - Utah Agricultural Code|Chapter 15 - The Utah Nursery Act|Section 105 - Unlawful to offer nursery stock for sale or to solicit orders for nursery stock without license.

 Effective 7/1/2017  4-15-105. Unlawful to offer nursery stock for sale or to solicit orders for nursery stock without license.  It is unlawful for any person in this state to offer nursery stock for sale at a nursery or nursery outlet, or to solicit or receive orders for nursery stock for a person who regularly engages in the business of operating a nursery or nursery outlet, without a license issued by the department. Renumbered and Amended by Chapter 345, 2017 General Session
UT Code § 4-15-106 (2021)
2021 Utah Code|Title 4 - Utah Agricultural Code|Chapter 15 - The Utah Nursery Act|Section 106 - License -- Application -- Fees -- Expiration -- Renewal.

 Effective 7/1/2017  4-15-106. License -- Application -- Fees -- Expiration -- Renewal.    (1)   (a) Application for a license to operate a nursery or nursery outlet or to solicit or receive orders of nursery stock for a person regularly engaged in the business of operating a nursery or nursery outlet shall be made to the department on forms prescribed and furnished by the department.     (b) Upon receipt of a proper application and compliance with applicable rules, and payment of a license fee determined by the department according to Subsection 4-2-103(2) for each place of business where the applicant intends to offer nursery stock for wholesale or retail sale, or the payment of a fee determined by the department pursuant to Subsection 4-2-103(2) in the case of an agent, the commissioner, if satisfied the convenience and necessity of the industry and the public will be served, shall issue a license to engage in the otherwise proscribed activity through December 31 of the year in which the license is issued, subject to suspension or revocation for cause.       (2) A license to operate a nursery or nursery outlet or an agent's license is renewable on or before December 31 of each year for a period of one year upon the payment of an annual license renewal fee determined by the department according to Subsection 4-2-103(2).    Renumbered and Amended by Chapter 345, 2017 General Session
UT Code § 4-15-107 (2021)
2021 Utah Code|Title 4 - Utah Agricultural Code|Chapter 15 - The Utah Nursery Act|Section 107 - Nursery stock for wholesale or retail sale -- Graded and sized -- Labels and tags -- Information to appear on label or tag.

 Effective 7/1/2017  4-15-107. Nursery stock for wholesale or retail sale -- Graded and sized -- Labels and tags -- Information to appear on label or tag.    (1) Each type of nursery stock delivered to a nursery or nursery outlet for subsequent wholesale or retail sale shall:   (a) be sized and graded in accordance with the applicable rules of the department; and     (b) bear a tag or label with the name, grade, size, and variety of the stock.       (2) Each bundle, single lot, or single nursery stock sold at retail shall bear a secure tag or label with the common or botanical name, grade, size, and variety of the stock legibly printed or written on the bundle, single lot, or single nursery stock.    Renumbered and Amended by Chapter 345, 2017 General Session
UT Code § 4-15-108 (2021)
2021 Utah Code|Title 4 - Utah Agricultural Code|Chapter 15 - The Utah Nursery Act|Section 108 - Inspection -- Issuance of certificate -- Destruction of infested or diseased stock.

 Effective 7/1/2017  4-15-108. Inspection -- Issuance of certificate -- Destruction of infested or diseased stock.    (1)   (a) Each nursery may be inspected by the department at least once each year.     (b) If, upon the inspection described in Subsection (1)(a), it appears that the nursery and the nursery's stock are free of insect pests and plant disease, the department shall issue an inspection certificate to the nursery.       (2)   (a) Each nursery outlet may be inspected by the department at least once each year during the period nursery stock is offered for retail sale.     (b) The department may issue an inspection certificate to a nursery outlet to permit the interstate shipment of nursery stock if the stock contemplated for shipment appears free of insect pests and plant disease.       (3) Nursery stock found to be infested with insect pests or infected with plant disease shall be destroyed or otherwise treated as determined by the department.    Renumbered and Amended by Chapter 345, 2017 General Session
UT Code § 4-15-109 (2021)
2021 Utah Code|Title 4 - Utah Agricultural Code|Chapter 15 - The Utah Nursery Act|Section 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.

 Effective 7/1/2017  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.    (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.      Renumbered and Amended by Chapter 345, 2017 General Session
UT Code § 4-15-110 (2021)
2021 Utah Code|Title 4 - Utah Agricultural Code|Chapter 15 - The Utah Nursery Act|Section 110 - Nursery stock offered or advertised for sale -- Unlawful to misrepresent name, origin, grade, variety, quality, or vitality -- Information required in advertisements.

 Effective 5/12/2020  4-15-110. Nursery stock offered or advertised for sale -- Unlawful to misrepresent name, origin, grade, variety, quality, or vitality -- Information required in advertisements.    (1) A person shall not misrepresent the name, origin, grade, variety, quality, or indicia of vitality of any nursery stock advertised or offered for sale at a nursery or nursery outlet.     (2) All advertisements of nursery stock shall clearly state the name, size, and grade of the stock where applicable.    Amended by Chapter 354, 2020 General Session
UT Code § 4-15-111 (2021)
2021 Utah Code|Title 4 - Utah Agricultural Code|Chapter 15 - The Utah Nursery Act|Section 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.

 Effective 7/1/2017  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.    (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.    Renumbered and Amended by Chapter 345, 2017 General Session
UT Code § 4-15-112 (2021)
2021 Utah Code|Title 4 - Utah Agricultural Code|Chapter 15 - The Utah Nursery Act|Section 112 - Enforcement -- Inspection -- Stop sale order -- Procedure -- Warrants.

 Effective 7/1/2017  4-15-112. Enforcement -- Inspection -- Stop sale order -- Procedure -- Warrants.    (1)   (a) The department may issue a "stop sale" order to any nursery or nursery outlet upon discovery or notification of a quarantine pest or pest of concern, or if the department has reason to believe the nursery is offering, advertising, or selling nursery stock in violation of Section 4-15-111.     (b) The "stop sale" order described in Subsection (1)(a) shall be in writing and no nursery stock subject to the order shall be advertised or sold, except upon subsequent written release by the department.       (2)   (a) The department is authorized for the purpose of ascertaining compliance with this chapter to enter and inspect any nursery or nursery outlet where nursery stock is kept during the nursery or nursery outlet's business hours.     (b) If access for the purpose of inspection is denied, the department may proceed immediately to the nearest court of competent jurisdiction and obtain an ex parte warrant or its equivalent to permit inspection of the nursery or nursery outlet.      Renumbered and Amended by Chapter 345, 2017 General Session
UT Code § 4-15-113 (2021)
2021 Utah Code|Title 4 - Utah Agricultural Code|Chapter 15 - The Utah Nursery Act|Section 113 - Suspension or revocation -- Grounds -- Notice and hearing.

 Effective 7/1/2017  4-15-113. Suspension or revocation -- Grounds -- Notice and hearing.    (1) Subject to Subsection (2), the department may suspend or revoke the license of any nursery, nursery outlet, or agent that violates Section 4-15-110 or 4-15-111.     (2) A suspension or revocation shall not be effective until after the nursery, nursery outlet, or agent is afforded notice and a hearing.    Renumbered and Amended by Chapter 345, 2017 General Session
UT Code § 4-15-114 (2021)
2021 Utah Code|Title 4 - Utah Agricultural Code|Chapter 15 - The Utah Nursery Act|Section 114 - Compliance agreements.

 Effective 7/1/2017  4-15-114. Compliance agreements.  The department may make compliance agreements with the responsible officials of other states and nursery establishments to achieve compliance with any set of requirements being enforced by the department. Renumbered and Amended by Chapter 345, 2017 General Session
UT Code § 4-17-101 (2021)
2021 Utah Code|Title 4 - Utah Agricultural Code|Chapter 17 - Utah Noxious Weed Act|Section 101 - Title.

 Effective 7/1/2017  4-17-101. Title.  This chapter is known as the "Utah Noxious Weed Act." Renumbered and Amended by Chapter 345, 2017 General Session
UT Code § 4-17-102 (2021)
2021 Utah Code|Title 4 - Utah Agricultural Code|Chapter 17 - Utah Noxious Weed Act|Section 102 - Definitions.

 Effective 7/1/2017  4-17-102. Definitions.  As used in this chapter:  (1) "Commission" means the county legislative body of each county of this state.     (2) "Commissioner" means the commissioner of agriculture and food or the commissioner's representative.     (3) "County noxious weed" means any plant that is:   (a) not on the state noxious weed list;     (b) especially troublesome in a particular county; and     (c) declared by the county legislative body to be a noxious weed within the county.       (4) "Noxious weed" means any plant the commissioner determines to be especially injurious to public health, crops, livestock, land, or other property.    Renumbered and Amended by Chapter 345, 2017 General Session
UT Code § 4-17-103 (2021)
2021 Utah Code|Title 4 - Utah Agricultural Code|Chapter 17 - Utah Noxious Weed Act|Section 103 - Commissioner -- Functions, powers, and duties.

 Effective 7/1/2017  4-17-103. Commissioner -- Functions, powers, and duties.  The commissioner or the commissioner's designee shall:  (1) investigate and designate noxious weeds on a statewide basis;     (2) compile and publish annually a list of statewide noxious weeds;     (3) coordinate and assist in inter-county noxious weed enforcement activities;     (4) determine whether each county complies with this chapter;     (5) assist a county that fails to carry out the provisions of this chapter in the county's implementation of a weed control program;     (6) prescribe the form and general substantive content of notices to the public and to individuals concerning the prevention and control of noxious weeds;     (7) compile and publish a list of articles capable of disseminating noxious weeds or seeds and designate treatment to prevent dissemination; and     (8) regulate the flow of contaminated articles into the state and between counties to prevent the dissemination of noxious weeds or seeds.    Renumbered and Amended by Chapter 345, 2017 General Session
UT Code § 4-17-104 (2021)
2021 Utah Code|Title 4 - Utah Agricultural Code|Chapter 17 - Utah Noxious Weed Act|Section 104 - Creation of State Weed Committee -- Membership -- Powers and duties -- Expenses.

 Affected by 63I-1-204 on 7/1/2026  Effective 5/5/2021  4-17-104. Creation of State Weed Committee -- Membership -- Powers and duties -- Expenses.    (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;     (b) the Department of Natural Resources;     (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 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 names 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 pursuant to Sections 63A-3-106 and 63A-3-107.      Amended by Chapter 126, 2021 General Session
UT Code § 4-17-105 (2021)
2021 Utah Code|Title 4 - Utah Agricultural Code|Chapter 17 - Utah Noxious Weed Act|Section 105 - County weed control board -- Appointment -- Composition -- Terms -- Removal -- Compensation.

 Effective 5/14/2019  4-17-105. County weed control board -- Appointment -- Composition -- Terms -- Removal -- Compensation.    (1) A county executive of a county may, with the advice and consent of the county legislative body, appoint a county weed control board comprised of not less than three nor more than five appointed members.     (2)   (a) If the county legislative body is the county commission, the chair of the county legislative body shall appoint one member of the county legislative body who shall act as a coordinator between the county and the county weed control board.     (b) If the county legislative body is a county council:   (i) for a county of the first class, the county executive or the county executive's designee shall serve on the county weed control board and act as coordinator between the county and the county weed control board; or     (ii) for a county that is not a county of the first class, the county executive shall serve on the county weed control board and act as coordinator between the county and the county weed control board.         (3) Two members of the board shall be farmers or ranchers whose primary source of income is derived from production agriculture.     (4) Members are appointed to four year terms of office and serve with or without compensation as determined by each county legislative body.     (5) Members may be removed for cause and any vacancy that occurs on a county weed control board shall be filled by appointment for the unexpired term of the vacated member.    Amended by Chapter 76, 2019 General Session