reglab/statecodes huggingface dataset:
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 7 - Livestock Dealers' Act › Part 2 - Enforcement, Penalties, and Prohibitions › Section 205 - Prohibited acts.

Effective 7/1/2017
4-7-205.
Prohibited acts.
(1) A person licensed under this chapter may not:
(a) make false charges incident to the sale of livestock;
(b) willfully fail to comply with the requirements of Section 4-7-109 or 4-7-110;
(c) fail to file a schedule of commissions and charges;
(d) reconsign livestock without the consent of the producer-consignor for the purpose of charging more than one commission;
(e) make any false statement to the detriment of the producer regarding current market conditions for livestock or about the condition or quantity of the livestock consigned for the account of the producer;
(f) engage in fraud or misrepresentation in the procurement or attempted procurement of a license; or
(g) act as a dealer or agent and, with intent to defraud, make, draw, utter, or deliver any check, draft, or order for the payment of money from any bank or other depository to the owner for the purchase price of livestock, when at the time of the making, drawing, uttering, or delivery the maker or drawer does not have sufficient funds in or credit with the bank or other depository for the payment of the check, draft, or order in full upon its presentation.
(2)
(a) The making, drawing, uttering, or delivery of a check, draft, or order in the circumstances specified in this section shall be evidence of an intent to defraud.
(b) As used in this section, "credit" means an arrangement or understanding with the bank or depository for the payment of the check, draft, or order.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 8 - Agricultural Fair Trade Act › Section 102 - Purpose declaration.

Effective 7/1/2017
4-8-102.
Purpose declaration.
(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.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 8 - Agricultural Fair Trade Act › Section 103 - Definition.

Effective 7/1/2017
4-8-103.
Definition.
As used in this chapter, "products of agriculture" means any product useful to the human species that results from the application of the science and art of the production of plants, minerals, and animals.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 8 - Agricultural Fair Trade Act › Section 104 - Department functions, powers, and duties.

Effective 7/1/2017
4-8-104.
Department functions, powers, and duties.
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.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 8 - Agricultural Fair Trade Act › Section 105 - Unlawful acts specified.

Effective 7/1/2017
4-8-105.
Unlawful acts specified.
A person engaged in the production, processing, handling, marketing, sale or distribution of products of agriculture may not:
(1) discriminate in price between two or more producers with respect to products of agriculture of like grade and quality;
(2) use any brand, label, container, or designation on products of agriculture not authorized by the department;
(3) promote or advertise the price of any product of agriculture that is required to be graded without displaying the grade of such product with prominence equal to that of the price; or
(4) make or permit the use of any false or misleading statement on any label or stencil affixed to a container or package containing products of agriculture or in any promotion or advertisement of such products.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 8 - Agricultural Fair Trade Act › Section 106 - Procedure for enforcement -- Notice of agency action -- Cease and desist order -- Enforcement -- Judicial review.

Effective 7/1/2017
4-8-106.
Procedure for enforcement -- Notice of agency action -- Cease and desist order -- Enforcement -- Judicial review.
(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.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 8 - Agricultural Fair Trade Act › Section 107 - Defense to claim of illegal activity.

Effective 7/1/2017
4-8-107.
Defense to claim of illegal activity.
No person who acts in compliance with any rule adopted under authority of this chapter shall be considered to be engaged in any illegal conspiracy or combination in restraint of trade or to be acting in furtherance of any illegal purpose.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 9 - Weights and Measures › Section 102 - Definitions.

Effective 7/1/2017
4-9-102.
Definitions.
As used in this chapter:
(1) "Correct" means conformance to applicable requirements of this chapter.
(2) "Package" means a commodity put up or packaged before sale in either wholesale or retail saleunits.
(3) "Primary standards" means the physical standards of the state, described in Section 4-9-105, which are the legal reference from which all other standards and weights and measures are derived.
(4) "Sale from bulk" means the sale of commodities, when the quantity is determined at the time of sale.
(5) "Secondary standards" means a physical standard which is traceable to primary standards through comparisons, using acceptable laboratory procedures.
(6) "Weighing and measuring" means the use of weights and measures.
(7) "Weight" means net weight, unless the label declares that the product is sold by drained weight, in which case "weight" means net drained weight.
(8) "Weights and measures" means the instruments or devices used for weighing or measuring, including an appliance or accessory associated with the instrument or device.
(9) "Weights and measures registration" means the issuance of a certificate by the commissioner to a weights and measures user.
(10) "Weights and measures user" means a person who uses weights and measures in trade or commerce.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 9 - Weights and Measures › Section 103 - Authority to make rules.

Effective 7/1/2017
4-9-103.
Authority to make 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
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 9 - Weights and Measures › Section 104 - Weights and measures -- Systems used -- Basic units, tables, and equivalents as published by National Institute of Standards and Technology.

Effective 7/1/2017
4-9-104.
Weights and measures -- Systems used -- Basic units, tables, and equivalents as published by National Institute of Standards and Technology.
(1) The department shall use:
(a) the same system of weights and measures that is customarily used in the United States; and
(b) the metric system of weights and measures.
(2) Either system under Subsection (1) may be used for commercial purposes in the state.
(3) The definitions of basic units of weight and measure, the tables of weight and measure, and the weights and measures equivalents published by the National Institute of Standards and Technology shall determine the weights and measures systems used within the state.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 9 - Weights and Measures › Section 105 - Weights and measures -- Primary state standards -- Secondary state standards -- Verification.

Effective 7/1/2017
4-9-105.
Weights and measures -- Primary state standards -- Secondary state standards -- Verification.
(1) Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the National Institute of Standards and Technology, shall be the state primary standards, and shall be maintained in the calibration prescribed by the National Institute of Standards and Technology.
(2) Secondary standards may be prescribed by the department and shall be verified upon their initial receipt, and as often after initial receipt as is considered necessary by the department.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 9 - Weights and Measures › Section 106 - Weights and measures -- Specifications, tolerances, and technical data published in National Institute of Standards and Technology Handbook govern.

Effective 7/1/2017
4-9-106.
Weights and measures -- Specifications, tolerances, and technical data published in National Institute of Standards and Technology Handbook govern.
Unless modified by the department, Handbook 44, Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices, National Institute of Standards and Technology, adopted by the National Conference on Weights and Measures, including supplements or revisions to Handbook 44, shall determine the specifications, tolerances, and other technical requirements for devices used for:
(1) commercial weighing and measuring;
(2) law enforcement;
(3) data gathering; and
(4) other weighing and measuring purposes.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 9 - Weights and Measures › Section 107 - Adopting uniform packaging and labeling regulation.

Effective 7/1/2017
4-9-107.
Adopting uniform packaging and labeling regulation.
Unless modified by the department, the Uniform Packaging and Labeling Regulation, adopted by the National Conference 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.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 9 - Weights and Measures › Section 108 - Adopting uniform regulation for the method of sale of commodities.

Effective 7/1/2017
4-9-108.
Adopting uniform regulation for the method of sale of commodities.
Unless modified by the department, the Uniform Regulation for the Method of Sale of Commodities, adopted by the National Conference on Weights and Measures, in Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality, National Institute of Standards and Technology, shall apply to the method of sale of commodities in the state.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 9 - Weights and Measures › Section 109 - Adopting uniform regulation for the voluntary registration of servicepersons and service agencies for commercial weighing and measuring devices.

Effective 7/1/2017
4-9-109.
Adopting uniform regulation for the voluntary registration of servicepersons and service agencies for commercial weighing and measuring devices.
Unless modified by the department, the Uniform Regulation for the Voluntary Registration of Servicepersons and Service Agencies for Commercial Weighing and Measuring Devices, adopted by the National Conference on Weights and Measures in Handbook 130, Uniform Laws and Regulations in the Areas of Legal Metrology and Engine Fuel Quality, National Institute of Standards and Technology, shall apply to the registration of servicepersons and service agencies in the state.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 9 - Weights and Measures › Section 110 - Department duties -- Seizure of incorrect weights and measures.

Effective 7/1/2017
4-9-110.
Department duties -- Seizure of incorrect weights and measures.
(1) The department may:
(a) establish weights and measures standards, specifications, and tolerances for:
(i) all commodities;
(ii) the fill for any commodity contained in a package;
(iii) labels or labeling of a commodity; and
(iv) weights and measures used commercially;
(b) inspect and test weights and measures kept, offered, or exposed for sale to determine if they are correct;
(c) inspect and test weights and measures commercially used to determine if they are correct;
(d) test all weights and measures used to check the receipt or disbursement of supplies used by a state agency or institution funded by the state;
(e) in accordance with sampling procedures recognized and designated in Handbook 133, Checking the Net Contents of Packaged Goods, National Institute of Standards and Technology, inspect and test any packaged commodity kept, offered, or exposed for sale, sold, or in the process of delivery, to determine if the package contains the amount represented;
(f) determine the appropriate term or unit of weight or measure to be used for container sizes, if the department determines that an existing practice of declaring the quantity by weight, measure, count, or any combination of these practices, hinders value comparisons by consumers;
(g) approve correct weights and measures and reject and mark as "rejected," weights and measures that are incorrect;
(h) allow reasonable variations from a stated weight or measure caused by loss or gain due to:
(i) moisture during the course of acceptable distribution practices; or
(ii) unavoidable deviations in acceptable manufacturing practices;
(i) grant an exemption from the requirements of this chapter or from any rule promulgated under this chapter, when the department determines that the exemption is necessary for the maintenance of acceptable commercial practices;
(j) maintain on file, for public inspection, a copy of each handbook prepared by the National Institute of Standards and Technology that is used to enforce this chapter; and
(k) establish and charge fees as authorized under Subsection 4-2-103(2) for the inspection of weights and measures.
(2) The department may seize weights and measures that are:
(a) incorrect and are not corrected within a reasonable time specified by the department; or
(b) used or disposed of in a manner not authorized by the department.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 9 - Weights and Measures › Section 111 - Enforcement powers of department.

Effective 7/1/2017
4-9-111.
Enforcement powers of department.
(1) For the purpose of enforcing this chapter, the department may:
(a) enter any commercial premises during normal working hours after the presentation of credentials;
(b) issue in writing a "stop-use, hold, or removal order" with respect to any weights or measures commercially used or a "stop sale, use, or removal order" with respect to any packaged commodity or bulk commodity offered for sale;
(c) seize as evidence, without formal warrant, any incorrect or unapproved weight, measure, package, or commodity offered for sale or sold in violation of this chapter;
(d)
(i) seek an order of seizure or condemnation of any weight, measure, package, or sale from bulk that violates this chapter; or
(ii) upon proper grounds, obtain a temporary restraining order or permanent injunction to prevent a violation of this chapter; and
(e) stop any commercial vehicle and after presenting credentials:
(i) inspect its contents;
(ii) require the person in charge of the vehicle to produce any documents in his possession concerning the contents; or
(iii) require the person in charge of the vehicle to proceed with the vehicle to some specified place for inspection.
(2) If an order has been issued under Subsection (1)(b), the weights, measures, or commodities subject to the order may not be used, moved, or offered for sale until the department issues a written release.
(3) A bond may not be required of the department in any injunctive proceeding brought under this section.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 9 - Weights and Measures › Section 112 - Sale of commodities in liquid form -- Sale of commodities in nonliquid form -- Requirements.

Effective 7/1/2017
4-9-112.
Sale of commodities in liquid form -- Sale of commodities in nonliquid form -- Requirements.
(1) Commodities in liquid form shall be sold by liquid measure or by weight.
(2) Commodities not in liquid form shall be sold only by weight, measure, or by count, as long as the method of sale provides accurate quantity information.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 9 - Weights and Measures › Section 113 - Bulk sales -- Information furnished to purchaser.

Effective 7/1/2017
4-9-113.
Bulk sales -- Information furnished to purchaser.
Whenever the quantity is determined solely by the seller, in the absence of the buyer, all bulk sales of heating fuel and other bulk sales as determined by the department shall be accompanied by a delivery ticket containing the following information:
(1) the name and address of the vendor and purchaser;
(2) the date delivered;
(3) the quantity delivered and the quantity upon which the price is based, if different from the delivered quantity;
(4) a description of the bulk material sold, including any quality representation made in connection with the sale; and
(5) the number of individually wrapped packages.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 9 - Weights and Measures › Section 114 - Packaged commodity sales -- Labeling information specified -- When price per single unit of weight to be displayed.

Effective 7/1/2017
4-9-114.
Packaged commodity sales -- Labeling information specified -- When price per single unit of weight to be displayed.
(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.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 9 - Weights and Measures › Section 115 - Advertisement of packaged commodity sales -- Requirements.

Effective 7/1/2017
4-9-115.
Advertisement of packaged commodity sales -- Requirements.
(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.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 9 - Weights and Measures › Section 116 - Unlawful acts specified.

Effective 7/1/2017
4-9-116.
Unlawful acts specified.
A person may not:
(1) sell, offer, or present for sale a commodity whose weight and measure is less than the weight and measure represented as being sold, offered, or exposed for sale;
(2) misrepresent the price of a commodity sold, advertised, exposed, or offered for sale by weight, measure, or count, or represent the price in a manner that misleads or deceives a person;
(3) use or possess an incorrect weight or measure in commerce;
(4) remove a tag, seal, or mark from a weight or measure without specific written authorization from the department;
(5) hinder or obstruct an agent of the department dealing with weights and measures in the performance of the agent's duties; or
(6) operate weights and measures in trade or commerce for the purpose of determining the weight or measure of a commodity without a valid weights and measures registration issued by the department.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 9 - Weights and Measures › Section 117 - Weighing and measuring devices -- Presumption.

Effective 7/1/2017
4-9-117.
Weighing and measuring devices -- Presumption.
If a weighing or measuring device is in a place where buying or selling is commonly carried on, there is a rebuttable presumption that the weighing or measuring device is regularly used for the business purposes of that place.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 10 - Bedding, Upholstered Furniture, and Quilted Clothing Inspection Act › Section 101 - Title.

Effective 7/1/2017
4-10-101.
Title.
This chapter is known as the "Bedding, Upholstered Furniture, and Quilted Clothing Inspection Act."
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 10 - Bedding, Upholstered Furniture, and Quilted Clothing Inspection Act › Section 103 - Authority to make and enforce rules.

Effective 7/1/2017
4-10-103.
Authority to make and enforce rules.
The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to make and enforce rules to administer and enforce this chapter.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 10 - Bedding, Upholstered Furniture, and Quilted Clothing Inspection Act › Section 104 - Manufacture, repair, or wholesale sale of bedding, upholstered furniture, quilted clothing, or filling material -- Permit required.

Effective 5/5/2021
4-10-104.
Manufacture, repair, or wholesale sale of bedding, upholstered furniture, quilted clothing, or filling material -- Permit required.
(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.
Amended by Chapter 295, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 10 - Bedding, Upholstered Furniture, and Quilted Clothing Inspection Act › Section 105 - Registration -- Permit -- Fees -- Expiration -- Renewal.

Effective 5/12/2020
4-10-105.
Registration -- Permit -- Fees -- Expiration -- Renewal.
(1)
(a) A person may register with the department, on a form prescribed and furnished by the department, for a permit to manufacture, repair, sterilize, or engage in the wholesale sale of bedding, upholstered furniture, quilted clothing, or filling material.
(b) Upon receipt of a proper registration form and payment of the appropriate registration fee, the commissioner, if satisfied that the convenience and necessity of the industry and the public will be served, shall issue to the applicant a permit to engage in the particular activity through December 31 of the year in which the permit is issued, subject to suspension or revocation of the permit for cause.
(c) A person doing business under more than one name shall register with and obtain a permit from the department for each name under which business is conducted.
(2) The annual registration fee for each permit issued under this chapter shall be determined by the department pursuant to Subsection 4-2-103(2).
(3) Each permit issued under this chapter is renewable for a period of one year upon the payment of the applicable amount for the particular permit sought to be renewed on or before December 31 of each year.
(4) A person who holds a valid manufacturer's permit may register and obtain a permit as a wholesale dealer without the payment of an additional registration fee.
(5) A person who fails to renew a permit and engages in conduct requiring a permit under this chapter shall pay the applicable registration fee for each year in which the person engages in conduct requiring a permit for which the permit is not renewed.
(6) The department may retroactively collect a registration fee owed under Subsection (5).
Amended by Chapter 316, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 10 - Bedding, Upholstered Furniture, and Quilted Clothing Inspection Act › Section 106 - Unlawful acts specified.

Effective 5/5/2021
4-10-106.
Unlawful acts specified.
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.
Amended by Chapter 295, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 10 - Bedding, Upholstered Furniture, and Quilted Clothing Inspection Act › Section 107 - Tagging requirements for bedding, upholstered furniture, and filling material.

Effective 5/5/2021
4-10-107.
Tagging requirements for bedding, upholstered furniture, and filling material.
(1)
(a) The manufacturer, retailer, or repairer shall securely tag bedding, upholstered furniture, and filling material.
(b) A tag shall be at least six square inches and plainly and indelibly labeled with:
(i) information as the department requires by rule;
(ii) according to the filling material type, the words "All New Material," "Secondhand Material," or "Owner's Material," stamped or printed on the label; and
(iii) the word "USED" stamped or printed on the label of a used mattress.
(c) A label shall be placed on the article in such a position as to facilitate ease of examination.
(2)
(a) If more than one type of filling material is used in an item, the percentage, by weight, of each component part shall be listed in order of predominance.
(b) If a descriptive statement is made about the frame, cover, or style of the article, the statement shall, in fact, be true.
(c) Quilted clothing shall be tagged and labeled in conformity with the Federal Textile Fiber Products Identification Act, 15 U.S.C. Secs. 70 through 70i.
(3) A person, except the purchaser, may not remove, deface, or alter a tag attached according to this chapter.
(4) A used mattress shall be tagged with the word "USED," in accordance with rules established by the department.
(5) The retailer of a used mattress shall display the mattress so that the "USED" tag is clearly visible to a customer.
(6)
(a) For items containing down or feather, a manufacturer, retailer, or repairer may use the terms "reclaimed," "reclaimed material," "recycled," or "recycled material" on a tag attached to the item if the item contains reclaimed or recycled material as defined in Section 4-10-102.
(b) If a term allowed under this Subsection (6) is included on a tag, a manufacturer, retailer, or repairer shall:
(i) indicate whether an item is "new" or "used" as defined in this chapter; and
(ii) comply with Subsection (2).
Amended by Chapter 295, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 10 - Bedding, Upholstered Furniture, and Quilted Clothing Inspection Act › Section 108 - Seller's representation of a used mattress -- Bedding records required.

Effective 7/1/2017
4-10-108.
Seller's representation of a used mattress -- Bedding records required.
(1) A seller shall represent a mattress tagged "USED" as previously used by a customer.
(2) The manufacturer, repairer, wholesale dealer, or retailer of a mattress shall keep an invoice, shipping information, bill of lading, or other record of the mattress at the manufacture, repair, wholesale, or retail location for a minimum of one year from the day on which the invoice, shipping information, bill of lading, or other record was created or received.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 10 - Bedding, Upholstered Furniture, and Quilted Clothing Inspection Act › Section 109 - Use of rubber stamp or stencil authorized -- Conditions for use.

Effective 7/1/2017
4-10-109.
Use of rubber stamp or stencil authorized -- Conditions for use.
A rubber stamp or stencil may be used instead of a tag on articles with slip covers if the article has a smooth backing, or on suitable surfaces of containers or bales of filling material; provided, the information required by Section 4-10-107 is indelible and legible.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 10 - Bedding, Upholstered Furniture, and Quilted Clothing Inspection Act › Section 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.

Effective 5/12/2020
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.
(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.
Amended by Chapter 316, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 10 - Bedding, Upholstered Furniture, and Quilted Clothing Inspection Act › Section 111 - Enforcement -- Inspection authorized -- Samples -- Reimbursement for samples -- Warrants.

Effective 7/1/2017
4-10-111.
Enforcement -- Inspection authorized -- Samples -- Reimbursement for samples -- Warrants.
(1)
(a) The department may access public and private premises where articles subject to this chapter are manufactured, repaired, stored, or sold for the purpose of determining compliance with this chapter.
(b) For purposes of determining compliance, the department may:
(i) open any upholstered furniture, bedding, or quilted clothing to obtain a sample for inspection and analysis of filling material; or
(ii) if considered appropriate by the department, take the entire article for inspection and analysis.
(c) Upon request, the department shall reimburse the owner or person from whom a sample or article is taken in accordance with this Subsection (1) for the actual cost of the sample or article.
(2) Upon request, the department may review and copy any of the records required under Subsection 4-10-108(2).
(3) The department may proceed immediately, if admittance is refused or a record is denied, to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for the purpose of making inspections and taking samples or articles.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 10 - Bedding, Upholstered Furniture, and Quilted Clothing Inspection Act › Section 112 - Stop sale, use, or removal order authorized -- Conditions for release specified -- Condemnation or seizure -- Procedure specified -- Award of costs authorized.

Effective 5/5/2021
4-10-112.
Stop sale, use, or removal order authorized -- Conditions for release specified -- Condemnation or seizure -- Procedure specified -- Award of costs authorized.
(1)
(a) The department may issue a "stop sale, use, or removal order" to a manufacturer, repairer, wholesaler, or retailer of any designated article or articles that the department finds or has reason to believe violates this chapter.
(b) The order shall be in writing and no article subject to the order shall be removed, offered, or exposed for sale, except upon subsequent written release by the department.
(c) Before a release is issued, the department may require the manufacturer, repairer, wholesaler, or retailer of the "stopped" article to pay the expense incurred by the department in connection with the withdrawal of the article from the market or for any other expense incurred in enforcing this chapter and the department's rules made under this chapter.
(2)
(a) The department may seek in a court of competent jurisdiction an order of seizure or condemnation of an article that violates this chapter or, upon proper grounds, to obtain a temporary restraining order or permanent injunction to prevent violation of this chapter.
(b) A bond may not be required of the department in an injunctive proceeding brought under this section.
(3)
(a) Except as provided in Subsection (3)(b), if condemnation is ordered, the article shall be disposed of as the court directs.
(b) The court may not order condemnation without giving the claimant of the article an opportunity to apply to the court for permission to bring the article into conformance, or for permission to remove the article from the state.
(4) If the court orders condemnation, court costs, fees, storage, and other costs shall be awarded against the claimant of the article.
Amended by Chapter 295, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 10 - Bedding, Upholstered Furniture, and Quilted Clothing Inspection Act › Section 113 - Sterilization of filling material.

Effective 7/1/2017
4-10-113.
Sterilization of filling material.
(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).
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 10 - Bedding, Upholstered Furniture, and Quilted Clothing Inspection Act › Section 114 - Use of reclaimed or recycled material.

Effective 5/5/2021
4-10-114.
Use of reclaimed or recycled material.
(1) A person may advertise an item filled with down, down and feather, or feather as "new" if it is manufactured using 100% reclaimed or recycled material, provided that the tag clearly discloses that the item is manufactured using 100% reclaimed or recycled material.
(2) The department may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules governing the use of reclaimed or recycled material under this chapter.
Enacted by Chapter 295, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 11 - Utah Bee Inspection Act › Section 102 - Definitions.

Effective 5/14/2019
4-11-102.
Definitions.
As used in this chapter:
(1) "Abandoned apiary" means any apiary to which the owner or operator fails to give reasonable and adequate attention during a given year as determined by the department.
(2) "Apiary" means any place where one or more colonies of bees are located.
(3) "Apiary equipment" means hives, supers, frames, veils, gloves, or other equipment used to handle or manipulate bees, honey, wax, or hives.
(4) "Appliance" means any apparatus, tool, machine, or other device used to handle or manipulate bees, wax, honey, or hives.
(5) "Bee" means the common honey bee, Apis mellifera, at any stage of development.
(6)
(a) "Beekeeper" means a person who keeps bees.
(b) "Beekeeper" includes an apiarist.
(7) "Colony" means an aggregation of bees in any type of hive that includes queens, workers, drones, or brood.
(8) "Disease" means any infectious or contagious disease affecting bees, as specified by the department, including American foulbrood.
(9) "Hive" means a frame hive, box hive, box, barrel, log, gum skep, or other artificial or natural receptacle that may be used to house bees.
(10) "Package" means any number of bees in a bee-tight container, with or without a queen, and without comb.
(11) "Parasite" means an organism that parasitizes any developmental stage of a bee.
(12) "Pest" means an organism that:
(a) inflicts damage to a bee or bee colony directly or indirectly; or
(b) may damage apiary equipment in a manner that is likely to have an adverse effect on the health of the colony or an adjacent colony.
(13) "Raise" means:
(a) to hold a colony of bees in a hive for the purpose of pollination, honey production, or study, or a similar purpose; and
(b) when the person holding a colony holds the colony or a package of bees in the state for a period of time exceeding 30 days.
(14) "Terminal disease" means a pest, parasite, or pathogen that will kill an occupant colony or subsequent colony on the same equipment.
Amended by Chapter 136, 2019 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 11 - Utah Bee Inspection Act › Section 103 - Department authorized to make and enforce rules.

Effective 7/1/2017
4-11-103.
Department authorized to make and enforce rules.
(1) The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to make and enforce rules necessary for the administration and enforcement of this chapter.
(2) The rules described in Subsection (1) shall include provisions for the identification of each apiary within the state.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 11 - Utah Bee Inspection Act › Section 104 - Bee raising -- Registration required -- Application -- Fees -- Renewal -- License required -- Application -- Fees -- Renewal.

Effective 7/1/2017
4-11-104.
Bee raising -- Registration required -- Application -- Fees -- Renewal -- License required -- Application -- Fees -- Renewal.
(1) A person may not raise bees in this state without being registered with the department.
(2) Application for registration to raise bees shall be made to the department upon tangible or electronic forms prescribed and furnished by the department, within 30 days after the person:
(a) takes possession of the bees; or
(b) moves the bees into the state.
(3) Nothing in Subsection (2) limits the requirements of Section 4-11-111.
(4) An application in accordance with this chapter shall specify:
(a) the name and address of the applicant;
(b) the number of bee colonies owned by the applicant at the time of the application that will be present in the state for a period exceeding 30 days; and
(c) any other relevant information the department considers appropriate.
(5) Upon receipt of a proper application and payment of an annual registration fee determined by the department pursuant to Subsection 4-2-103(2), the commissioner shall issue a registration to the applicant valid through December 31 of the year in which the registration is issued, subject to suspension or revocation for cause.
(6) A bee registration is renewable for a period of one year upon the payment of an annual registration renewal fee as determined by the department pursuant to Subsection 4-2-103(2).
(7) Registration shall be renewed on or before December 31 of each year.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 11 - Utah Bee Inspection Act › Section 105 - County bee inspector -- Appointment -- Termination -- Compensation.

Effective 7/1/2017
4-11-105.
County bee inspector -- Appointment -- Termination -- Compensation.
(1) The county executive upon the petition of five or more persons who raise bees within the respective county shall, with the approval of the commissioner, appoint a qualified person to act as a bee inspector within the county.
(2) A county bee inspector shall be employed at the pleasure of the county executive and the commissioner and is subject to termination of employment, with or without cause, at the instance of either.
(3) Compensation for the county bee inspector shall be fixed by the county legislative body.
(4) To be appointed a county bee inspector, a person shall demonstrate adequate training and knowledge related to this chapter, bee diseases, and pests.
(5) A record concerning bee inspection shall be kept by the county executive or commissioner.
(6) The county executive and the commissioner shall investigate a formal, written complaint against a county bee inspector.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 11 - Utah Bee Inspection Act › Section 106 - Hives to have removable frames -- Consent of county bee inspector to sell or transport diseased bees.

Effective 7/1/2017
4-11-106.
Hives to have removable frames -- Consent of county bee inspector to sell or transport diseased bees.
(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.
Renumbered and Amended by Chapter 345, 2017 General Session