reglab/statecodes huggingface dataset:
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 16 - Utah Seed Act › Part 1 - Organization › Section 103 - Department authorized to make and enforce rules -- Cooperation with state and federal agencies authorized.

Effective 7/1/2017
4-16-103.
Department authorized to make and enforce rules -- Cooperation with state and federal agencies authorized.
(1) The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to make and enforce rules.
(2) The department may cooperate with other state agencies, other states, and with the United States Department of Agriculture or other departments or agencies of the federal government.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 16 - Utah Seed Act › Part 2 - Regulations › Section 203 - Inspection -- Samples -- Analysis -- Seed testing facilities to be maintained -- Rules to control offensive seeds -- Notice of offending seeds -- Warrants.

Effective 7/1/2017
4-16-203.
Inspection -- Samples -- Analysis -- Seed testing facilities to be maintained -- Rules to control offensive seeds -- Notice of offending seeds -- Warrants.
(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.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 16 - Utah Seed Act › Part 3 - Enforcement › Section 301 - Enforcement -- Stop sale, use, or removal authorized -- Court action -- Procedures -- Costs.

Effective 7/1/2017
4-16-301.
Enforcement -- Stop sale, use, or removal authorized -- Court action -- Procedures -- Costs.
(1)
(a) The department may issue a "stop sale, use, or removal order" to the distributor, owner, or person in possession of any designated agricultural, vegetable, flower, or tree and shrub seed or seeds for sprouting or lot of seed which it finds or has reason to believe violates this chapter.
(b) The order shall be in writing and no seed subject to it shall be moved, offered, or exposed for sale, except upon subsequent written release by the department.
(c) Before a release is issued, the department may require the distributor or owner of the "stopped" seed or lot to pay the expense incurred by the department in connection with the withdrawal of the product from the market.
(2)
(a) The department is authorized in a court of competent jurisdiction to seek an order of seizure or condemnation of any seed which violates this chapter or, upon proper grounds, to obtain a temporary restraining order or permanent injunction to prevent violation of this chapter.
(b) No bond may be required of the department in an injunctive proceeding brought under this section.
(3)
(a) If condemnation is ordered, the seed shall be disposed of as the court directs.
(b) The court may not order condemnation without giving the claimant of the seed an opportunity to apply to the court for permission to relabel, reprocess, or otherwise bring the seed into conformance, or for permission to remove it from the state.
(c) If the court orders condemnation, court costs, fees, storage, and other costs shall be awarded against the claimant of the seed.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 16 - Utah Seed Act › Part 3 - Enforcement › Section 302 - False or misleading advertising with respect to seed quality prohibited.

Effective 7/1/2017
4-16-302.
False or misleading advertising with respect to seed quality prohibited.
Unless agricultural, vegetable, flower, or tree and shrub seeds or seeds for sprouting sold, advertised, or exposed or offered for sale in this state for propagation or planting have been registered or certified by an officially recognized seed certifying agency approved and accredited in this state, a person may not:
(1) use orally or in writing:
(a) the term "foundation," "registered," or "certified" seed along with other words; or
(b) any other term or form of words which suggests that the seed has been certified or registered by an inspection agency duly authorized by any state, or that there has been registration or certification, or either; or
(2) use any tags similar to registration or certification tags.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 16 - Utah Seed Act › Part 3 - Enforcement › Section 303 - Distributors of seed to keep record of each lot of seed distributed.

Effective 7/1/2017
4-16-303.
Distributors of seed to keep record of each lot of seed distributed.
(1) Each person whose name appears on the label of agricultural, vegetable, flower, or tree and shrub seeds or seeds for sprouting shall keep:
(a) a complete record of each lot of agricultural, vegetable, flower, tree and shrub seed or seeds for sprouting distributed in this state for a period of two years; and
(b) a file sample of each lot of seed for a period of one year after final disposition of the lot.
(2) The records and samples pertaining to the distribution of the seeds shall be available to the department for inspection during regular business hours.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 16 - Utah Seed Act › Part 4 - Testing › Section 401 - Designation of official testing agency for certification of seed.

Effective 7/1/2017
4-16-401.
Designation of official testing agency for certification of seed.
(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.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 16 - Utah Seed Act › Part 5 - Exemption › Section 501 - Chapter does not apply to seed not intended for sowing, to seed at seed processing plant, or to seed transported or delivered for transportation in the ordinary course of business.

Effective 5/12/2020
4-16-501.
Chapter does not apply to seed not intended for sowing, to seed at seed processing plant, or to seed transported or delivered for transportation in the ordinary course of business.
(1) This chapter does not apply to:
(a) seed or grain not intended for sowing;
(b) subject to Subsection (2), seed at, or consigned to, a seed processing or cleaning plant; or
(c) to any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier.
(2) Any label or other representation which is made with respect to seed described in Subsection (1)(b) that is made with respect to the uncleaned or unprocessed seed is subject to this chapter.
(3) A carrier described in Subsection (1)(c) may not be engaged in producing, processing, or marketing agricultural, vegetable, flower, or tree and shrub seeds or seeds for sprouting.
Amended by Chapter 354, 2020 General Session
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 17 - Utah Noxious Weed Act › Section 106 - Commissioner may require county weed control board to justify failure to enforce provisions.

Effective 7/1/2017
4-17-106.
Commissioner may require county weed control board to justify failure to enforce provisions.
If the commissioner determines that the weed control board of any county has failed to perform the board's duties under this chapter, the commissioner may require the board to justify, in writing, the board's failure to enforce these provisions within the board's county.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 17 - Utah Noxious Weed Act › Section 107 - County weed control board responsible for control of noxious weeds -- Cooperation with other county boards -- Authority to designate noxious weed -- Public hearing before removal of noxious weed from state list.

Effective 7/1/2017
4-17-107.
County weed control board responsible for control of noxious weeds -- Cooperation with other county boards -- Authority to designate noxious weed -- Public hearing before removal of noxious weed from state list.
(1) A county weed control board is responsible, under the general direction of the county executive, for the formulation and implementation of a county-wide coordinated noxious weed control program designed to prevent and control noxious weeds within the board's county.
(2) A county weed control board is required, under the general direction of the board's commission, to cooperate with other county weed control boards to prevent and control the spread of noxious weeds.
(3)
(a) A county legislative body may declare a particular weed or competitive plant, not appearing on the state noxious weed list, a county noxious weed within the board's county.
(b) A county executive, with the approval of the county legislative body, may petition the commissioner for removal of a particular noxious weed from the state noxious weed list.
(c) The county legislative body may not approve a petition of the county executive to the commissioner to remove a noxious weed unless the county legislative body has first conducted a public hearing after due notice.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 17 - Utah Noxious Weed Act › Section 108 - Weed control supervisor -- Qualification -- Appointment -- Duties.

Effective 7/1/2017
4-17-108.
Weed control supervisor -- Qualification -- Appointment -- Duties.
(1)
(a) Each commission may employ one or more weed control supervisors qualified to:
(i) detect and treat noxious weeds; and
(ii) direct the weed control program for the county weed control board.
(b) A person may be a weed control supervisor for more than one county weed control board.
(c) Terms and conditions of employment shall be prescribed by the commission.
(2) A supervisor, under the direction of the local county weed control board, shall:
(a) examine all land under the jurisdiction of the county weed control board to determine whether this chapter and the rules adopted by the department have been met;
(b) compile data on infested areas;
(c) consult and advise upon matters pertaining to the best and most practical method of noxious weed control and prevention;
(d) render assistance and direction for the most effective control and prevention;
(e) investigate violations of this chapter;
(f) enforce noxious weed controls within the county; and
(g) perform any other duties required by the county weed control board.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 17 - Utah Noxious Weed Act › Section 109 - Notice of noxious weeds to be published annually in county -- Notice to particular property owners to control noxious weeds -- Methods of prevention or control specified -- Failure to control noxious weeds considered public nuisance.

Effective 5/3/2023
4-17-109.
Notice of noxious weeds to be published annually in county -- Notice to particular property owners to control noxious weeds -- Methods of prevention or control specified -- Failure to control noxious weeds considered public nuisance.
(1) Each county weed control board before May 1 of each year shall post a general notice of the noxious weeds within the county and publish the notice:
(a) for the county, as a class A notice under Section 63G-30-102, for at least seven days; and
(b) as required in Section 45-1-101.
(2)
(a) If the county weed control board determines that particular property within the county requires prompt and definite attention to prevent or control noxious weeds, the county weed control board shall serve the owner or the person in possession of the property, personally or by certified mail, a notice specifying when and what action is required to be taken on the property.
(b) Methods of prevention or control may include definite systems of tillage, cropping, use of chemicals, and use of livestock.
(3) An owner or person in possession of property who fails to take action to control or prevent the spread of noxious weeds as specified in the notice is maintaining a public nuisance.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 17 - Utah Noxious Weed Act › Section 110 - Noxious weeds -- Failure to control after notice of nuisance -- Notice and hearing -- Control at county expense -- Owner liable for county costs -- Charges lien against property.

Effective 7/1/2017
4-17-110.
Noxious weeds -- Failure to control after notice of nuisance -- Notice and hearing -- Control at county expense -- Owner liable for county costs -- Charges lien against property.
(1) If the owner or person in possession of the property fails to take action to control or prevent the spread of noxious weeds within five working days after the property is declared a public nuisance, the county may, after reasonable notification, enter the property, without the consent of the owner or the person in possession, and perform any work necessary, consistent with sound weed prevention and control practices, to control the weeds.
(2)
(a) If the county controls weeds on a piece of property, as described in Subsection (1), and seeks reimbursement from the property owner of record or the person in possession of the property, the county shall send the property owner or person in possession of the property a documented description of the expense and a demand for payment within 30 days of the day on which the weed control took place.
(b) The property owner of record or the person in possession of the property, as the case may be, shall reimburse the county for the county's expense within 90 days after receipt of the demand for payment, as described in Subsection (2)(a).
(c) If the demand for payment is not paid within 90 days after receipt, the charges become a lien against the property and are collectible by the county treasurer at the time general property taxes are collected.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 17 - Utah Noxious Weed Act › Section 111 - Hearing before county weed control board -- Appeal of decision to the county legislative body -- Judicial review.

Effective 7/1/2017
4-17-111.
Hearing before county weed control board -- Appeal of decision to the county legislative body -- Judicial review.
(1) Any person served with notice to control noxious weeds may request a hearing to appeal the terms of the notice before the county weed control board within 10 days of receipt of such notice and may appeal the decision of the county weed control board to the county legislative body.
(2) Any person served with notice to control noxious weeds who has had a hearing before both the county weed control board and the county legislative body may further appeal the decision of the county legislative body by filing written notice of appeal with a court of competent jurisdiction.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 17 - Utah Noxious Weed Act › Section 112 - Jurisdiction of state and local agencies to control weeds.

Effective 7/1/2017
4-17-112.
Jurisdiction of state and local agencies to control weeds.
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.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 17 - Utah Noxious Weed Act › Section 113 - County noxious weed control fund authorized.

Effective 7/1/2017
4-17-113.
County noxious weed control fund authorized.
A commission may establish and maintain a noxious weed control fund in each county for use in the administration of this chapter.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 17 - Utah Noxious Weed Act › Section 114 - Invasive Species Mitigation Account created.

Effective 5/8/2018
4-17-114.
Invasive Species Mitigation Account created.
(1)
(a) As used in this section, "project" means an undertaking that:
(i) rehabilitates or treats an area infested with, or threatened by, an invasive species; or
(ii) conducts research related to invasive species.
(b) As used in this section, "project" includes items and processes required prior to the implementation of an undertaking described in Subsection (1)(a).
(2)
(a) There is created a restricted account within the General Fund known as the "Invasive Species Mitigation Account."
(b) The restricted account shall consist of:
(i) money appropriated by the Legislature;
(ii) grants from the federal government; and
(iii) grants or donations from a person.
(3)
(a) The department may expend money in the restricted account:
(i) on a project implemented by:
(A) the department; or
(B) the Conservation Commission created in Section 4-18-104; or
(ii) by giving a grant for a project to a:
(A) state agency;
(B) federal agency;
(C) federal, state, tribal, or private landowner;
(D) political subdivision;
(E) county weed board;
(F) cooperative weed management area;
(G) nonprofit organization; or
(H) university.
(b) The department may use up to 10% of restricted account funds appropriated under Subsection (2)(b)(i) on:
(i) department administration; or
(ii) project planning, monitoring, and implementation expenses.
(c) A project that receives funds from the Invasive Species Mitigation Account may not spend more than 10% of an award of funds on planning and administration costs.
(d) A federal landowner that receives restricted account funds for a project shall match the funds received from the restricted account with an amount that is equal to or greater than the amount received from the restricted account.
(4) In giving a grant, the department shall consider the effectiveness of a project in the rehabilitation or treatment of an area infested with, or threatened by, an invasive species.
Amended by Chapter 355, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 17 - Utah Noxious Weed Act › Section 115 - Cooperative agreements and grants to rehabilitate areas infested with or threatened by invasive species.

Effective 5/8/2018
4-17-115.
Cooperative agreements and grants to rehabilitate areas infested with or threatened by invasive species.
The department may:
(1) enter into a cooperative agreement with a political subdivision, a state agency, a federal agency, a tribe, a county weed board, a cooperative weed management area, a nonprofit organization, a university, or a private landowner to:
(a) rehabilitate or treat an area infested with, or threatened by, an invasive species; or
(b) conduct research related to invasive species;
(2) expend money from the Invasive Species Mitigation Account created in Section 4-17-114; and
(3) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to:
(a) administer this section; and
(b) give grants from the Invasive Species Mitigation Account.
Amended by Chapter 355, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 18 - Conservation Commission Act › Part 1 - General Provisions › Section 102 - Findings and declarations -- Duties.

Effective 7/1/2022
4-18-102.
Findings and declarations -- Duties.
(1) In addition to the policy provided in Section 4-46-101, the Legislature finds and declares that:
(a) the soil and water resources of this state constitute one of the state's basic assets; and
(b) the preservation of soil and water resources requires planning and programs to ensure:
(i) the development and use of soil and water resources; and
(ii) soil and water resources' protection from the adverse effects of wind and water erosion, sediment, and sediment related pollutants.
(2) The Legislature finds that local production of food is essential for:
(a) the security of the state's food supply; and
(b) the self-sufficiency of the state's citizens.
(3) The Legislature finds that sustainable agriculture is critical to:
(a) the success of rural communities;
(b) the historical culture of the state;
(c) maintaining healthy farmland;
(d) maintaining high water quality;
(e) maintaining abundant wildlife;
(f) high-quality recreation for citizens of the state; and
(g) helping to stabilize the state economy.
(4) The Legislature finds that livestock grazing on public lands is important for the proper management, maintenance, and health of public lands in the state.
(5) The Legislature encourages each agricultural producer in the state to operate in a reasonable and responsible manner to maintain the integrity of soil, water, and air.
(6) The department shall administer the Utah Agriculture Certificate of Environmental Stewardship Program, created in Section 4-18-107, to encourage each agricultural producer in this state to operate in a reasonable and responsible manner to maintain the integrity of the state's resources.
(7) The Legislature finds that soil health is essential to protecting the state's soil and water resources, bolstering the state's food supply, and sustaining the state's agricultural industry.
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 18 - Conservation Commission Act › Part 1 - General Provisions › Section 108 - Grants for environmental improvement projects -- Criteria for award -- Duties of commission.

Effective 5/3/2023
4-18-108.
Grants for environmental improvement projects -- Criteria for award -- Duties of commission.
(1) The commission may make a grant from the Agriculture Resource Development Fund, or from funds appropriated by the federal government, Legislature, or another entity, to an eligible entity, as defined by the department by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for:
(a) control or eradication of noxious weeds and invasive plant species in cooperation and coordination with a local weed board;
(b) the costs of plans or projects to improve manure management, control surface water runoff, or address other environmental issues on a farm or ranch operation, including the costs of preparing or implementing a nutrient management plan;
(c) the improvement of water quality;
(d) the improvement of water quantity and flows;
(e) hydroponic fodder production;
(f) the development of watershed plans; or
(g) a program to address other environmental issues.
(2)
(a) In awarding a grant, the commission shall consider the following criteria:
(i) the ability of the grantee to pay for the costs of proposed plans or projects;
(ii) the availability of:
(A) matching funds provided by the grantee or another source; or
(B) material, labor, or other items of value provided in lieu of money by the grantee or another source; and
(iii) the benefits that accrue to the general public by the awarding of a grant.
(b) The commission may establish by rule additional criteria for the awarding of a grant.
(3) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this section.
(4) The commission may appoint an advisory board to:
(a) assist with the grant process;
(b) make recommendations to the commission regarding grants; and
(c) establish policies and procedures for awarding loans or grants.
Amended by Chapter 144, 2023 General Session
Amended by Chapter 238, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 18 - Conservation Commission Act › Part 2 - Salinity Offset Fund › Section 201 - Title -- Definitions.

Effective 7/1/2017
4-18-201.
Title -- Definitions.
(1) This part is known as "Salinity Offset Fund."
(2) As used in this part, "Colorado River Salinity Offset Program" means a program, administered by the Division of Water Quality, allowing oil, gas, or mining companies and other entities to provide funds to finance salinity reduction projects in the Colorado River Basin by purchasing salinity credits as offsets against discharges made by the company under permits issued by the Division of Water Quality.
Enacted by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 18 - Conservation Commission Act › Part 2 - Salinity Offset Fund › Section 202 - Salinity Offset Fund.

Effective 7/1/2017
4-18-202.
Salinity Offset Fund.
(1)
(a) There is created an expendable special revenue fund known as the "Salinity Offset Fund."
(b) The fund shall consist of:
(i) money received from the Division of Water Quality that has been collected as part of the Colorado River Salinity Offset Program;
(ii) grants from local governments, the state, or the federal government;
(iii) grants from private entities; and
(iv) interest on fund money.
(2)
(a) The department shall:
(i) subject to the rules established under Subsection (2)(a)(ii), distribute fund money to farmers, ranchers, mutual irrigation companies, and other entities in the state to assist in financing irrigation, rangeland, and watershed improvement projects that will, in accordance with the Colorado River Salinity Offset Program, reduce salinity in the Colorado River; and
(ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules establishing:
(A) a project funding application process;
(B) project funding requirements;
(C) project approval criteria; and
(D) standards for evaluating the effectiveness of funded projects in reducing salinity in the Colorado River.
(b) The department may require entities seeking fund money to provide matching funds.
(c) The department shall submit to the Division of Water Quality proposed funding projects for the division's review and approval.
(d) The Division of Water Quality and the department shall establish a committee to review and approve projects, as funding allows.
(3)
(a) Except as provided in Subsection (3)(b), the department may use fund money for the administration of the fund, but this amount may not exceed 10% of the receipts to the fund.
(b) The department may not use earned interest for administration of the fund.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 18 - Conservation Commission Act › Part 3 - Utah Soil Health Program › Section 301 - Title.

Affected by 63I-1-204 on 7/1/2026
Effective 5/5/2021
4-18-301.
Title.
This part is known as the "Utah Soil Health Program."
Enacted by Chapter 178, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 18 - Conservation Commission Act › Part 3 - Utah Soil Health Program › Section 303 - Creates Utah Soil Health Program -- Program and purposes.

Affected by 63I-1-204 on 7/1/2026
Effective 5/5/2021
4-18-303.
Creates Utah Soil Health Program -- Program and purposes.
(1) Under the commission there is created the Utah Soil Health Program.
(2) The program shall:
(a) encourage widespread adoption of soil health practices by producers;
(b) promote environmental benefits;
(c) advance the understanding of the environmental and economic benefits of soil health practices by producers, policymakers, consumers, and the general public; and
(d) support scientific research.
(3) The program may obtain the objectives described in Subsection (2) by:
(a) providing incentives to implement soil health practices;
(b) increasing the understanding of the benefit of soil health practices through education and outreach programs;
(c) advancing scientific understanding of soil health as it relates to:
(i) the existing conditions of Utah's agricultural soils, including current carbon storage and carbon storage potential;
(ii) the on- and off-farm or ranch environmental benefits of soil health practices; and
(iii) the on- and off-farm or ranch economic benefits of soil health practices;
(d) evaluating currently available or developing new consistent soil health sampling and testing protocols appropriate for Utah's agricultural systems; and
(e) facilitating multi-stakeholder collaboration to advance the understanding of the science of soil health and the implementation of soil health practices, including amongst the federal government and the federal government's agencies, agencies and political subdivisions of the state, academic or research institutions, non-governmental organizations, private entities, nonprofits, producers, or other parties.
(4) The department shall provide support to the commission in implementing the program.
Enacted by Chapter 178, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 18 - Conservation Commission Act › Part 3 - Utah Soil Health Program › Section 304 - Program development.

Affected by 63I-1-204 on 7/1/2026
Effective 5/5/2021
4-18-304.
Program development.
(1) In consultation with the Soil Health Advisory Committee created in Section 4-18-306 and in accordance with Subsection 4-18-305(1)(e), the commission may establish the following programs:
(a) a grant program for eligible entities to engage in soil health activities including implementation, research, education, or demonstration projects;
(b) a state soil health monitoring and inventory platform; or
(c) other programs the commission considers appropriate or necessary.
(2) In establishing a program in accordance with Subsection (1), the commission may prioritize the establishment of programs based on the needs of historically underserved producers, the availability of funds and staffing, emerging areas of scientific inquiry and research, environmental benefits, or other considerations.
(3) A program established pursuant to this section shall be voluntary and incentive-based and may not:
(a) require participation by an eligible entity;
(b) mandate the implementation of soil health practices by non-participating entities; or
(c) bind participants to execute specific practice standards in adverse climate conditions or circumstances with limited or no chance of success or that would cause irreparable physical or economic harm to the producer's operation physically or economically.
(4) In addition to Section 4-18-307:
(a) the commission, grantees, partners, or other program participants may not disclose, sell, or otherwise provide information that could be used to identify the agricultural operations or practices of program participants without express permission provided in writing; and
(b) in determining whether information may be released, the private interests of a participant are presumed to outweigh the public interest in disclosure.
(5) The commission shall act as the policy board to set guidelines by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the administration of programs developed under Section 4-18-305. The Soil Health Advisory Committee serves as an advisory committee to the commission.
Enacted by Chapter 178, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 18 - Conservation Commission Act › Part 3 - Utah Soil Health Program › Section 307 - Producer and landowner information - confidentiality.

Affected by 63I-1-204 on 7/1/2026
Effective 5/5/2021
4-18-307.
Producer and landowner information - confidentiality.
(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.
Enacted by Chapter 178, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 18 - Conservation Commission Act › Part 3 - Utah Soil Health Program › Section 308 - Reporting requirement.

Affected by 63I-1-204 on 7/1/2026
Effective 5/5/2021
4-18-308.
Reporting requirement.
(1) Each year, by no later than June 30, the department shall prepare and make available to the public a report on the department's official website that contains the following information:
(a) an accounting of money received and spent for the program;
(b) a description of activities undertaken, including the number and type of grant-funded projects and the educational and stakeholder engagement activities; and
(c) a summary of the activities and recommendations of the Soil Health Advisory Committee.
(2) The commissioner shall annually report to the Natural Resources, Agriculture, and Environment Interim Committee by no later than the November interim meeting of that committee. The report shall include the information described in Subsection (1).
Enacted by Chapter 178, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 19 - Rural Rehabilitation › Section 102 - Department responsible for conduct and administration of rural rehabilitation program.

Effective 7/1/2017
4-19-102.
Department responsible for conduct and administration of rural rehabilitation program.
The department shall conduct and administer the rural rehabilitation program within the state in accordance with the agreement entered into in January 1975, between the United States of America through its Farm Home Administration and the state through its commissioner.
Renumbered and Amended by Chapter 345, 2017 General Session