reglab/statecodes huggingface dataset:
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 34 - Charitable Donation › Section 107 - Sale or use of donations by employee of public agency or charity prohibited.

Effective 7/1/2017
4-34-107.
Sale or use of donations by employee of public agency or charity prohibited.
An employee of a nonprofit charitable organization or of a public agency may not sell, offer for sale, use, or consume any agricultural product donated or distributed under this chapter.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 34 - Charitable Donation › Section 108 - Donation of wild game meat.

Effective 7/1/2023
4-34-108.
Donation of wild game meat.
(1) As used in this section:
(a) "Big game" means the same as that term is defined in Section 23A-1-101.
(b) "Custom meat processor" means a person who processes meat but is exempt from licensure under Section 4-32-106 as a licensed meat establishment.
(c) "Department" means the Department of Agriculture and Food.
(2) Wild game, including big game, lawfully taken by a licensed hunter may be donated to a nonprofit charitable organization to feed individuals in need.
(3) Donated wild game meat shall meet the following conditions:
(a) come from an animal in apparent good health before harvest of the animal;
(b) come from an animal with intact intestines;
(c) be field-dressed immediately after harvest of the animal and be handled in a manner in keeping with generally accepted wild game handling procedures;
(d) be processed by a custom meat processor as soon as possible after harvest of the animal;
(e) be clearly marked as "not for sale";
(f) be clearly marked as "donated wild game meat" in letters not less than three-eighths of an inch in height; and
(g) may not come from a road-kill animal and a road-kill animal may not be donated under this section.
(4)
(a) A donor or custom meat processor of the wild game meat being donated shall advise the nonprofit charitable organization receiving the donated wild game meat that the donated wild game meat should be thoroughly cooked before human consumption.
(b) Before serving donated wild game meat, the nonprofit charitable organization shall prominently post a sign indicating:
(i) that the donated wild game meat is donated wild game meat;
(ii) the type of meat processing used; and
(iii) that the meat has not been inspected.
(5) The Department of Natural Resources may donate wild game meat in the Department of Natural Resources' possession if this section is followed.
(6) A person may not buy, sell, or offer for sale or barter donated wild game meat.
(7) The department may examine, sample, seize, or condemn donated wild game meat if the department has reason to believe that the donated wild game meat is unwholesome under Chapter 5, Utah Wholesome Food Act.
Amended by Chapter 34, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 35 - Plant Pest Emergency Control Act › Section 102 - Definitions.

Effective 5/12/2020
4-35-102.
Definitions.
As used in this chapter:
(1) "Committee" means the Decision and Action Committee created by this chapter.
(2) "Department" means the Department of Agriculture and Food.
(3) "Fund" means the Plant Pest Fund created by Section 4-35-106.
(4) "Plant pest" means a biological agent that the commissioner determines to be a threat to agriculture in the state as described in Subsection 4-2-103(1)(k)(i).
Amended by Chapter 326, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 35 - Plant Pest Emergency Control Act › Section 103 - Decision and Action Committee created -- Members -- How appointed -- Duties of committee -- Per diem and expenses allowed.

Affected by 63I-1-204 on 7/1/2026
Effective 5/12/2020
4-35-103.
Decision and Action Committee created -- Members -- How appointed -- Duties of committee -- Per diem and expenses allowed.
(1)
(a) There is created the Decision and Action Committee that consists of not fewer than six members.
(b) One member is the commissioner and one member is appointed to represent the department.
(c) The remaining members of the committee are appointed by the commissioner as necessary from persons directly affected by and involved in the current plant pest emergency.
(d) The commissioner, or the commissioner's designee, shall cast the deciding vote in the event of a tie.
(e) The committee is dissolved when the commissioner declares that the plant pest emergency is over.
(f) Attendance of a majority of committee members at a meeting called of the committee constitutes a quorum for the transaction of business.
(g) The committee is governed by Title 52, Chapter 4, Open and Public Meetings Act, and Title 63G, Chapter 2, Government Records Access and Management Act.
(2) The committee shall establish a system of priorities for a plant pest emergency.
(3) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Amended by Chapter 326, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 35 - Plant Pest Emergency Control Act › Section 104 - Commissioner to declare emergency -- Powers of commissioner in emergency.

Effective 5/12/2020
4-35-104.
Commissioner to declare emergency -- Powers of commissioner in emergency.
(1)
(a) The commissioner, with the consent of the governor, may declare that a plant pest emergency situation exists that jeopardizes property and resources, and designate the area or areas affected.
(b) An area referred to in Subsection (1)(a) may include federal lands, after notification of the appropriate federal land manager.
(2) The commissioner is authorized, subject to Section 4-35-105, to direct all emergency measures the commissioner considers necessary to alleviate the emergency condition.
(3) The commissioner shall:
(a) use equipment, supplies, facilities, personnel, and other available resources;
(b) enter into contracts for the acquisition, rental, or hire of equipment, services, materials, and supplies;
(c) accept assistance, services, and facilities offered by federal and local governmental units or private agencies; and
(d) accept on behalf of the state the provisions and benefits of acts of Congress designated to provide assistance.
Amended by Chapter 326, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 35 - Plant Pest Emergency Control Act › Section 105 - Commissioner to act upon declaration of a plant pest emergency.

Effective 5/12/2020
4-35-105.
Commissioner to act upon declaration of a plant pest emergency.
(1) The commissioner initiates operations to control a plant pest in the designated area or upon declaration of an infestation emergency.
(2) The commissioner and the members of the committee may suspend or terminate control operations upon a determination that the operations will not significantly reduce the plant pest population in the designated emergency area.
Amended by Chapter 326, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 35 - Plant Pest Emergency Control Act › Section 106 - Plant Pest Fund.

Effective 3/21/2022
4-35-106.
Plant Pest Fund.
(1) There is created an expendable special revenue fund known as the "Plant Pest Fund."
(2) The fund is funded from:
(a) money the plant industry division within the department receives under this title;
(b) the landowner's and lessee's share of costs, if required by rule made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(c) appropriations from the Legislature;
(d) federal money deposited into the fund; and
(e) the interest and earnings on the fund.
(3) The department may only use money in the fund to fund survey, detection, eradication, or suppression efforts for plant pests with the exception designated in Subsection (4).
(4) The department may annually use an amount not to exceed the lesser of the following for staff or administrative costs to carry out the department's duties under this chapter:
(a) 10% of the fund annually; or
(b) $300,000.
(5)
(a) The fund may not exceed $10,000,000 of money deposited under Subsections (2)(a), (c), and (e).
(b) The Division of Finance shall transfer the money described in Subsection (5)(a) in excess of $10,000,000 at the end of a fiscal year into the General Fund.
(6) Federal money deposited into the fund shall be accounted for separately.
(7) Fund money may be used as matching funds for participation in programs of the United States Department of Agriculture for survey, detection, eradication, or suppression efforts of plant pests.
Amended by Chapter 79, 2022 General Session
Amended by Chapter 326, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 35 - Plant Pest Emergency Control Act › Section 107 - Notice to owner or occupant -- Corrective action required -- Directive issued by department -- Costs -- Owner or occupant may prohibit treatment.

Effective 5/12/2020
4-35-107.
Notice to owner or occupant -- Corrective action required -- Directive issued by department -- Costs -- Owner or occupant may prohibit treatment.
(1) The department or an authorized agent of the department shall notify the owner or occupant of the problem and the available alternatives to remedy the problem. The owner or occupant shall take corrective action within 30 days.
(2)
(a) If the owner or occupant fails to take corrective action under Subsection (1), the department may issue a directive for corrective action that shall be taken within 15 days.
(b) If the owner or occupant fails to act within the required time, the department shall take the necessary action.
(c) The department may recover full or partial costs incurred for controlling a plant pest emergency from the owner or occupant of the property on whose property corrective action was taken. The amount of costs to be recovered is at the department's sole discretion.
(3)
(a) An owner or occupant of property may prohibit treatment by presenting an affidavit from the owner's or occupant's attending physician or physician assistant to the department that states that the treatment as planned is a danger to the owner's or occupant's health.
(b) The department shall provide the owner or occupant with alternatives to treatment that will abate the plant pest.
Amended by Chapter 326, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 35 - Plant Pest Emergency Control Act › Section 108 - Persons and activities exempt from civil liability.

Effective 7/1/2017
4-35-108.
Persons and activities exempt from civil liability.
No state agency or state agency officers and employees nor the officers, agents, employees, or representatives of any governmental or private entity acting under the authority granted by this chapter is liable for claims arising out of the reasonable exercise or performance of duties and responsibilities under this chapter.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 35 - Plant Pest Emergency Control Act › Section 109 - Department to adopt rules.

Effective 7/1/2017
4-35-109.
Department to adopt rules.
The department is authorized to adopt and enforce rules to administer this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act .
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 1 - General Provisions › Section 102 - Purpose statement -- Aquaculture considered a branch of agriculture.

4-37-102.
Purpose statement -- Aquaculture considered a branch of agriculture.
(1) The Legislature declares that it is in the interest of the people of the state to encourage the practice of aquaculture, while protecting the public fishery resource, in order to augment food production, expand employment, promote economic development, and protect and better utilize the land and water resources of the state.
(2) The Legislature further declares that aquaculture is considered a branch of the agricultural industry of the state for purposes of any laws that apply to or provide for the advancement, benefit, or protection of the agricultural industry within the state.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 1 - General Provisions › Section 103 - Definitions.

Effective 7/1/2023
4-37-103.
Definitions.
As used in this chapter:
(1) "Aquaculture" means the controlled cultivation of aquatic animals.
(2)
(a)
(i) "Aquaculture facility" means any tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture.
(ii) "Aquaculture facility" does not include any public aquaculture facility or fee fishing facility.
(b) Structures that are separated by more than 1/2 mile, or structures that drain to or are modified to drain to, different drainages, are considered separate aquaculture facilities regardless of ownership.
(3)
(a) "Aquatic animal" means a member of any species of fish, mollusk, crustacean, or amphibian.
(b) "Aquatic animal" includes a gamete of any species listed in Subsection (3)(a).
(4) "Fee fishing facility" means a body of water used for holding or rearing fish for the purpose of providing fishing for a fee or for pecuniary consideration or advantage.
(5) "Natural flowing stream" means the same as that term is defined in Section 23A-1-101.
(6) "Natural lake" means the same as that term is defined in Section 23A-1-101.
(7) "Private fish pond" means the same as that term is defined in Section 23A-1-101.
(8) "Public aquaculture facility" means a tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture by the Division of Wildlife Resources, U.S. Fish and Wildlife Service, a mosquito abatement district, or an institution of higher education.
(9) "Public fishery resource" means fish produced in public aquaculture facilities and wild and free ranging populations of fish in the surface waters of the state.
(10) "Reservoir constructed on a natural stream channel" means the same as that term is defined in Section 23A-1-101.
(11) "Short-term fishing event" means the same as that term is defined in Section 23A-1-101.
Amended by Chapter 34, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 1 - General Provisions › Section 104 - Department's responsibilities.

Effective 5/5/2021
4-37-104.
Department's responsibilities.
(1) The department is responsible for enforcing laws and rules made by the Wildlife Board governing species of aquatic animals that may be imported into the state or possessed or transported within the state that are applicable to aquaculture or fee fishing facilities.
(2) Subject to the policies and rules of the Fish Health Policy Board, the department shall:
(a) act to prevent the outbreak and act to control the spread of disease-causing pathogens among aquatic animals in aquaculture and fee fishing facilities; and
(b) act to prevent the spread of disease-causing pathogens from aquatic animals in, to be deposited in, or harvested from aquaculture or fee fishing facilities to wild aquatic animals, other animals, and humans.
Amended by Chapter 295, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 1 - General Provisions › Section 105 - Responsibilities of Wildlife Board and Division of Wildlife Resources.

Effective 5/9/2017
4-37-105.
Responsibilities of Wildlife Board and Division of Wildlife Resources.
(1) The Wildlife Board and Division of Wildlife Resources are responsible for determining the species of aquatic animals which may be imported into, possessed, and transported within the state.
(2) Subject to the policies and rules of the Fish Health Policy Board, the Wildlife Board and the Division of Wildlife Resources shall:
(a) act to prevent the outbreak and act to control the spread of disease-causing pathogens among aquatic animals in public aquaculture facilities; and
(b) act to prevent the spread of disease-causing pathogens from aquatic animals in, to be deposited in, or harvested from public aquaculture facilities and private ponds to wild aquatic animals, other animals, and humans.
Amended by Chapter 412, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 1 - General Provisions › Section 106 - Cooperative agreements.

4-37-106.
Cooperative agreements.
In fulfilling their respective responsibilities under this chapter, the department, Division of Wildlife Resources, and Wildlife Board may make memorandums of understanding or enter into other agreements for mutual cooperation.
Enacted by Chapter 153, 1994 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 1 - General Provisions › Section 108 - Prohibited activities.

Effective 7/1/2023
4-37-108.
Prohibited activities.
(1) Except as provided in this chapter, in the rules of the department made pursuant to Section 4-37-109, rules of the Fish Health Policy Board made pursuant to Section 4-37-503, or in the rules of the Wildlife Board governing species of aquatic animals which may be imported into, possessed, transported, or released within the state, a person may not:
(a) acquire, import, or possess aquatic animals intended for use in an aquaculture or fee fishing facility;
(b) transport aquatic animals to or from an aquaculture or fee fishing facility;
(c) stock or propagate aquatic animals in an aquaculture or fee fishing facility;
(d) harvest, transfer, or sell aquatic animals from an aquaculture or fee fishing facility; or
(e) release aquatic animals into the waters of the state.
(2) If a person commits an act in violation of Subsection (1) and that same act constitutes wanton destruction of protected wildlife as provided in Section 23A-5-311, the person is guilty of a violation of Section 23A-5-311.
Amended by Chapter 34, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 1 - General Provisions › Section 109 - Department to make rules.

Effective 3/21/2022
4-37-109.
Department to make rules.
(1) The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(a) specifying procedures for the application and renewal of licenses for operating an aquaculture or fee fishing facility; and
(b) governing the disposal or removal of aquatic animals from an aquaculture or fee fishing facility for which the license has lapsed or been revoked.
(2)
(a) The department may make other rules consistent with its responsibilities set forth in Section 4-37-104.
(b) Except as provided by this chapter, the rules authorized by Subsection (2)(a) shall be consistent with the suggested procedures for the detection and identification of pathogens published by the American Fisheries Society's Fish Health Section.
Amended by Chapter 79, 2022 General Session
Amended by Chapter 154, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 1 - General Provisions › Section 110 - Inspection of records and facilities.

Effective 3/21/2022
4-37-110.
Inspection of records and facilities.
(1) The following records and information shall be maintained by an aquaculture or fee fishing facility for a period of two years and shall be available for inspection by a department representative during reasonable hours:
(a) records of purchase, acquisition, distribution, and production histories of aquatic animals;
(b) a license; and
(c) valid identification of stocks, including origin of stocks.
(2) Department representatives may conduct pathological, fish culture, or physical investigations at any aquaculture, public aquaculture, or fee fishing facility during reasonable hours.
Amended by Chapter 79, 2022 General Session
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 1 - General Provisions › Section 111 - Prohibited sites.

Effective 7/1/2023
4-37-111.
Prohibited sites.
(1) Except as provided in Subsection (2), an aquaculture facility or a fee fishing facility may not be developed on:
(a) a natural lake;
(b) a natural flowing stream; or
(c) a reservoir constructed on a natural stream channel.
(2) The Division of Wildlife Resources may authorize an aquaculture facility, public aquaculture facility, or fee fishing facility on a natural lake or reservoir constructed on a natural stream channel upon inspecting and determining:
(a) the facility and inlet source of the facility neither contain wild game fish nor are likely to support such species in the future;
(b) the facility and the facility's intended use will not jeopardize conservation of aquatic wildlife or lead to the privatization or commercialization of aquatic wildlife;
(c) the facility is properly screened as provided in Subsection 23A-9-203(3)(c) and otherwise in compliance with the requirements of this title, rules of the Wildlife Board, and applicable law; and
(d) the facility is not vulnerable to flood or high water events capable of compromising the facility's inlet or outlet screens and allowing escapement of privately owned fish into waters of the state.
(3) Any authorization issued by the Division of Wildlife Resources under Subsection (2) shall be in the form of a certificate of registration.
Amended by Chapter 34, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 1 - General Provisions › Section 112 - Screens.

4-37-112.
Screens.
(1) Each aquaculture and fee fishing facility shall be equipped with screening or another device to prevent the movement of fish into or out of the facility.
(2) The department may conduct site inspections to assure compliance with Subsection (1).
Enacted by Chapter 153, 1994 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 2 - Aquaculture Facilities › Section 201 - License required to operate an aquaculture facility.

Effective 3/21/2022
4-37-201.
License required to operate an aquaculture facility.
(1) A person may not operate an aquaculture facility without first obtaining a license from the department.
(2)
(a) Each application for a license to operate an aquaculture facility shall be accompanied by a fee.
(b) The fee shall be established by the department in accordance with Section 63J-1-504.
(3) The department shall coordinate with the Division of Wildlife Resources:
(a) on the suitability of the proposed site relative to potential impacts on adjacent wild aquatic animal populations; and
(b) in determining which species the holder of the license may propagate, possess, transport, or sell.
(4) The department shall list on the license the species which the holder may propagate, possess, transport, or sell.
Amended by Chapter 79, 2022 General Session
Amended by Chapter 412, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 2 - Aquaculture Facilities › Section 202 - Acquisition of aquatic animals for use in aquaculture facilities.

Effective 3/21/2022
4-37-202.
Acquisition of aquatic animals for use in aquaculture facilities.
(1) Live aquatic animals intended for use in aquaculture facilities may be purchased or acquired only from:
(a) aquaculture facilities within the state that have a license and health approval number;
(b) public aquaculture facilities within the state that have a health approval number; or
(c) sources outside the state that are health approved as provided in Part 5, Health Approval.
(2) A person holding a license for an aquaculture facility shall submit annually to the department a record of each purchase of live aquatic animals and transfer of live aquatic animals into the facility. This record shall include the following information:
(a) name, address, and health approval number of the source;
(b) date of transaction; and
(c) number and weight by species.
(3) The records required by Subsection (2) shall be submitted to the department before a license is renewed or a subsequent license is issued.
Amended by Chapter 79, 2022 General Session
Amended by Chapter 189, 2014 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 2 - Aquaculture Facilities › Section 203 - Transportation of aquatic animals to or from aquaculture facilities.

Effective 3/21/2022
4-37-203.
Transportation of aquatic animals to or from aquaculture facilities.
(1) Any person holding a license for an aquaculture facility may transport the live aquatic animals specified on the license to the facility or to any person who has been issued a license or who is otherwise authorized by law to possess those aquatic animals.
(2) Each transfer or shipment of live aquatic animals from or to an aquaculture facility within the state shall be accompanied by documentation of the source and destination of the fish, including:
(a) name, address, license number, and health approval number of the source;
(b) number and weight being shipped, by species;
(c) name of the recipient;
(d) address of the destination; and
(e)
(i) license number of the receiving facility; or
(ii) location of the private fish pond or short-term fishing event when authorized to receive the aquatic animal without a certificate of registration under Division of Wildlife Resources rules.
Amended by Chapter 79, 2022 General Session
Amended by Chapter 412, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 2 - Aquaculture Facilities › Section 204 - Sale of aquatic animals from aquaculture facilities.

Effective 7/1/2023
4-37-204.
Sale of aquatic animals from aquaculture facilities.
(1)
(a) Except as provided by Subsection (1)(c) and subject to Subsection (1)(b), a person holding a license for an aquaculture facility may take an aquatic animal as approved on the license from the facility at any time and offer the aquatic animal for sale.
(b) A live aquatic animal may be sold within Utah only to a person who:
(i) has been issued a license to possess the aquatic animal; or
(ii) is eligible to receive the aquatic animal without a certificate of registration under Wildlife Board rules.
(c) A person who owns or operates an aquaculture facility may sell live aquatic animals if the person:
(i) obtains a health approval number for the aquaculture facility;
(ii) inspects the pond or holding facility to verify that the pond or facility is in compliance with Subsections 23A-9-203(2) and (3)(c); and
(iii) stocks the species and reproductive capability of aquatic animals authorized by the Wildlife Board in accordance with Section 23A-9-203 for stocking in the area where the pond or holding facility is located.
(2) An aquatic animal sold or transferred by the owner or operator of an aquaculture facility shall be accompanied by the seller's receipt that contains the following information:
(a) date of transaction;
(b) name, address, license number, and health approval number;
(c) number and weight of aquatic animal by:
(i) species; and
(ii) reproductive capability; and
(d) name and address of the receiver.
(3)
(a) A person holding a license for an aquaculture facility shall submit to the department an annual report of each sale of live aquatic animals or each transfer of live aquatic animals in Utah. The department shall forward the report to the Division of Wildlife Resources. The department or Division of Wildlife Resources may request copies of receipts from an aquaculture facility.
(b) The report shall contain the following information:
(i) name, address, and license number of the seller or supplier;
(ii) number and weight of aquatic animals by species and reproductive capacity;
(iii) date of sale or transfer; and
(iv) name, address, phone number, and license number of the receiver.
(4) Geographic coordinates of the stocking location shall be provided if the receiver is eligible to stock the aquatic animal without a certificate of registration under Wildlife Board rules.
(5) A report required by Subsection (3) shall be submitted before:
(a) a license is renewed or a subsequent license is issued; or
(b) a health approval number is issued.
Amended by Chapter 34, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 3 - Fee Fishing Facilities › Section 301 - License required to operate a fee fishing facility.

Effective 3/21/2022
4-37-301.
License required to operate a fee fishing facility.
(1) A person may not operate a fee fishing facility without first obtaining a license from the department.
(2)
(a) Each application for a license to operate a fee fishing facility shall be accompanied by a fee.
(b) The fee shall be established by the department in accordance with Section 63J-1-504.
(3) The department shall coordinate with the Division of Wildlife Resources:
(a) on the suitability of the proposed site relative to potential impacts on adjacent wild aquatic animal populations; and
(b) in determining which species the holder of the license may possess or transport to or stock into the facility.
(4) The department shall list on the license the species which the holder may possess or transport to or stock into the facility.
(5) A person holding a license for an aquaculture facility may also operate a fee fishing facility without obtaining an additional license, if the fee fishing facility:
(a) is in a body of water meeting the criteria of Section 4-37-111 which is connected with the aquaculture facility;
(b) contains only those aquatic animals specified on the license for the aquaculture facility; and
(c) is designated on the license for the aquaculture facility.
Amended by Chapter 79, 2022 General Session
Amended by Chapter 412, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 3 - Fee Fishing Facilities › Section 302 - Acquisition of aquatic animals for use in fee fishing facilities.

Effective 3/21/2022
4-37-302.
Acquisition of aquatic animals for use in fee fishing facilities.
(1) Live aquatic animals intended for use in fee fishing facilities may be purchased or acquired only from:
(a) aquaculture facilities within the state that have a license and health approval number;
(b) public aquaculture facilities within the state that have a health approval number; or
(c) sources outside the state that are health approved pursuant to Part 5, Health Approval.
(2)
(a) A person holding a license for a fee fishing facility shall submit to the department an annual report of all live fish purchased or acquired.
(b) The report shall contain the following information:
(i) name, address, and license number of the seller or supplier;
(ii) number and weight by species;
(iii) date of purchase or transfer; and
(iv) name, address, and license number of the receiver.
(c) The report shall be submitted to the department before a license is renewed or a subsequent license is issued.
Amended by Chapter 79, 2022 General Session
Amended by Chapter 189, 2014 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 3 - Fee Fishing Facilities › Section 303 - Transportation of live aquatic animals to fee fishing facilities.

Effective 3/21/2022
4-37-303.
Transportation of live aquatic animals to fee fishing facilities.
(1) Any person holding a license for a fee fishing facility may transport the live aquatic animals specified on the license to the facility.
(2) Each transfer or shipment of live aquatic animals to a fee fishing facility within the state shall be accompanied by documentation of the source and destination of the fish, including:
(a) name, address, license number, and health approval number of the source;
(b) number and weight being shipped by species; and
(c) name, address, and license number of the destination.
Amended by Chapter 79, 2022 General Session
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 3 - Fee Fishing Facilities › Section 304 - Sale or transfer of live aquatic animals from fee fishing facilities prohibited.

4-37-304.
Sale or transfer of live aquatic animals from fee fishing facilities prohibited.
Live aquatic animals may not be sold or transferred from fee fishing facilities.
Enacted by Chapter 153, 1994 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 3 - Fee Fishing Facilities › Section 305 - Fishing license not required to fish at fee fishing facilities -- Transportation of dead fish.

Effective 3/21/2022
4-37-305.
Fishing license not required to fish at fee fishing facilities -- Transportation of dead fish.
(1) A fishing license is not required to take fish from fee fishing facilities.
(2) To transport dead fish from fee fishing facilities the fish shall be accompanied by the seller's receipt containing the following information:
(a) species and number of fish;
(b) date caught;
(c) license number of the fee fishing facility; and
(d) name, address, and telephone number of the seller.
Amended by Chapter 79, 2022 General Session
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 4 - Importation of Aquatic Animals › Section 401 - License required to import aquatic animals for aquaculture or fee fishing facilities.

Effective 3/21/2022
4-37-401.
License required to import aquatic animals for aquaculture or fee fishing facilities.
(1) A person may not import aquatic animals classified as controlled species by rules of the Wildlife Board into the state for use in aquaculture or fee fishing facilities without first obtaining a license from the department.
(2) The department shall:
(a) coordinate with the Division of Wildlife Resources in determining which species the holder may import into the state; and
(b) specify those species on the license.
(3) A person may not import species into the state that are not listed on the license.
Amended by Chapter 79, 2022 General Session
Enacted by Chapter 153, 1994 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 4 - Importation of Aquatic Animals › Section 402 - Documentation required to import aquatic animals.

4-37-402.
Documentation required to import aquatic animals.
Any aquatic animals classified as controlled species by rules of the Wildlife Board that are imported into the state for use in aquaculture or fee fishing facilities shall be accompanied by documentation indicating the following:
(1) the health approval number assigned by the department to the source facility;
(2) common or scientific names of the imported animals;
(3) name and address of the consignor and consignee;
(4) origin of shipment;
(5) final destination;
(6) number or pounds shipped;
(7) purpose for which shipped;
(8) method of transportation; and
(9) any other information required by the department.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 5 - Health Approval › Section 501 - Health approval -- Exceptions.

4-37-501.
Health approval -- Exceptions.
(1)
(a) Except as provided in Subsections (2) and (3), live aquatic animals may be acquired, purchased, sold, or transferred only from sources that have been health approved by the department or the Division of Wildlife Resources in accordance with policy and rules of the Fish Health Policy Board and assigned a health approval number.
(b)
(i) The department shall be responsible for certifying as health approved:
(A) aquaculture facilities;
(B) fee fishing facilities; and
(C) any out-of-state source.
(ii) The Division of Wildlife Resources shall be responsible for certifying as health approved:
(A) public aquaculture facilities within the state;
(B) private ponds within the state; and
(C) wild populations of aquatic animals in waters of the state.
(2)
(a) The Division of Wildlife Resources shall waive the health approval requirement for wild populations of aquatic animals pursuant to guidelines of the Fish Health Policy Board.
(b) The Fish Health Policy Board shall develop guidelines for waiving the health approval requirement for wild populations of aquatic animals which:
(i) are listed by the federal government as threatened or endangered;
(ii) are listed by the Division of Wildlife Resources as species of special concern; or
(iii) exist in such low numbers that lethal sampling for health approval could threaten the population.
(c) When wild populations of aquatic animals are exempted from the health approval requirement, precautions shall be taken to protect other wild populations and any other aquatic animals from undetected pathogens.
(3) Subsection (1) does not apply to the sale or transfer of live aquatic animals to an out-of-state destination approved by the receiving state.
(4) In certifying a public aquaculture facility as health approved, the Division of Wildlife Resources may use:
(a) employees or contractors to conduct the inspection required by Section 4-37-502; and
(b) sampling or testing procedures that are more thorough or sensitive in detecting prohibited pathogens than the procedures required by rule.
Amended by Chapter 191, 2007 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 5 - Health Approval › Section 502 - Inspections -- Health approval report -- Report for quarantine facility -- Qualifications of inspectors -- Notification of department.

Effective 5/5/2021
4-37-502.
Inspections -- Health approval report -- Report for quarantine facility -- Qualifications of inspectors -- Notification of department.
(1) Approval shall be based upon inspections carried out in accordance with standards and rules of the Fish Health Policy Board made pursuant to Section 4-37-503.
(2)
(a) An inspection shall be conducted under the direction of an individual certified by the American Fisheries Society as an aquatic animal health inspector or fish pathologist. A sample may be collected by a federally accredited veterinarian, a state or federal animal health official, or an American Fisheries Society certified aquatic animal health inspector or fish pathologist.
(b) An inspection of an aquaculture facility may not be done by an inspector who is employed by, or has pecuniary interest in, the facility being inspected.
(c) The department shall post on its website a current list of:
(i) certified fish health inspectors; and
(ii) approved laboratories to which a fish health inspector may send the samples collected during the inspections required by this section.
(d)
(i) If the fish health inspector conducting the inspection is not an employee of the department, the owner or operator of the aquaculture facility shall notify the department of the date and time of the inspection at least five business days before the date on which the inspection will occur.
(ii) The department may be present for the inspection.
(3) To receive a health approval number, inspection reports and other evidence of the disease status of a source facility shall be submitted to the agency responsible for certifying the source as health approved pursuant to Section 4-37-501.
Amended by Chapter 295, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 6 - Enforcement and Penalties › Section 601 - Enforcement and penalties.

Effective 3/21/2022
4-37-601.
Enforcement and penalties.
(1) Any violation of this chapter is a class B misdemeanor and may be grounds for revocation of the license or denial of any future license as determined by the department.
(2) A violation of any rule made under this chapter may be grounds for revocation of the license or denial for future license as determined by the department.
Amended by Chapter 79, 2022 General Session
Enacted by Chapter 153, 1994 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 37 - Aquaculture Act › Part 6 - Enforcement and Penalties › Section 602 - Adjudicative proceedings -- Presiding officer.

Effective 3/21/2022
4-37-602.
Adjudicative proceedings -- Presiding officer.
(1) Adjudicative proceedings under this chapter shall be conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(2) The revocation of an aquaculture facility's license, the denial of an aquaculture facility's future license, and a denial or cancellation of an aquaculture facility's health approval number is a state agency action governed by Title 63G, Chapter 4, Administrative Procedures Act.
(3)
(a) An owner or operator of an aquaculture facility may ask for an agency review, as provided by Section 63G-4-301, of an agency action specified in Subsection (2).
(b) The presiding officer, as defined in Section 63G-4-103, conducting the agency review shall consist of three members as follows:
(i) the person representing sport fishermen, appointed under Subsection 4-37-503(4)(a)(i)(C);
(ii) one person representing the aquaculture industry, appointed by the governor from names submitted by a nonprofit corporation, as defined in Section 16-6a-102, that promotes the efficient production, distribution, and marketing of aquaculture products and the welfare of all persons engaged in aquaculture; and
(iii) one person, appointed by the governor, who is knowledgeable about aquatic diseases and is employed by an institution of higher education.
(c) If the governor rejects all the names submitted under Subsection (3)(b)(ii), the recommending nonprofit corporation shall submit additional names.
(d) The final decision of the presiding officer shall be adopted upon approval of at least two of the members.
(e) The term for the member listed in Subsection (3)(b)(i) shall be the same as provided in Section 4-37-503.
(f) The term for the members appointed under Subsections (3)(b)(ii) and (iii) shall be four years.
(4) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Amended by Chapter 79, 2022 General Session
Amended by Chapter 286, 2010 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 38 - Utah Horse Regulation Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/14/2019
4-38-102.
Definitions.
As used in this chapter:
(1) "Commission" means the Utah Horse Racing Commission created by this chapter.
(2) "Executive director" means the executive director of the commission.
(3) "Mixed meet" means a race meet that includes races by more than one breed of horse.
(4) "Race meet" means the entire period of time for which a licensee has been approved to hold horse races.
(5) "Racetrack facility" means a racetrack within Utah approved by the commission for the racing of horses, including the track surface, grandstands, clubhouse, all animal housing and handling areas, and other areas in which a person may enter only upon payment of an admission fee or upon presentation of authorized credentials.
(6) "Recognized race meet" means a race meet recognized by a national horse breed association.
(7) "Utah bred horse" means a horse that is sired by a stallion standing in Utah at the time the dam was bred.
Amended by Chapter 239, 2019 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 38 - Utah Horse Regulation Act › Part 1 - General Provisions › Section 103 - Utah Horse Racing Commission.

Effective 7/1/2017
4-38-103.
Utah Horse Racing Commission.
(1)
(a) There is created within the department the Utah Horse Racing Commission.
(b)
(i) The commission shall consist of seven members who shall be United States citizens, Utah residents, and qualified voters in Utah.
(ii) Each member shall have an interest in horse racing.
(iii) Two members shall be chosen from horse racing organizations.
(c)
(i) The governor shall appoint the members of the commission.
(ii) The governor shall appoint commission members from a list of nominees submitted by the commissioner of agriculture and food.
(d)
(i) The members of the commission shall be appointed to four-year terms.
(ii) A commission member may not serve more than two consecutive terms.
(e) Each member shall hold office until the member's successor is appointed and qualified.
(f) Vacancies on the commission shall be filled by appointment by the governor for the unexpired term.
(g)
(i) A member may be removed from office by the governor for cause after a public hearing.
(ii) Notice of the hearing shall fix the time and place of the hearing and shall specify the charges.
(iii) Copies of the notice of the hearing shall be served on the member by mailing the notice of hearing to the member at the member's last known address at least 10 days before the date fixed for the hearing.
(iv) The governor may designate a hearing officer to preside over the hearing and report the hearing findings to the governor.
(2)
(a) The members of the commission shall annually elect a commission chair.
(b) Five members of the commission shall constitute a quorum for the transaction of any business of the commission.
(3) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(4) All claims and expenditures made under this chapter shall be first audited and passed by the commission and when approved shall be paid in the manner provided by law for payment of claims against the state.
(5) Any member of the commission who has a personal or private interest in any matter proposed or pending before the commission shall publicly disclose this fact to the commission and may not vote on the matter.
(6) Any member of the commission who owns or who has any interest, or whose spouse or member of his immediate family has any interest, in a horse participating in a race shall disclose that interest and may not participate in any commission decision involving that race.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 38 - Utah Horse Regulation Act › Part 1 - General Provisions › Section 105 - Executive director.

Effective 7/1/2017
4-38-105.
Executive director.
(1) The commission shall be under the general administrative control of an executive director appointed by the commissioner with the concurrence of the commission.
(2) The executive director shall serve at the pleasure of the commissioner.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 38 - Utah Horse Regulation Act › Part 1 - General Provisions › Section 106 - Public records.

Effective 7/1/2017
4-38-106.
Public records.
All records of the commission shall be subject to Title 63G, Chapter 2, Government Records Access and Management Act.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 38 - Utah Horse Regulation Act › Part 2 - Events › Section 201 - Licenses -- Fees -- Duties of licensees.

Effective 5/14/2019
4-38-201.
Licenses -- Fees -- Duties of licensees.
(1) The commission may grant, or contract under Subsection 4-38-104(4) for the granting of a license, for participation in racing and other activities associated with a racetrack.
(2) The commission shall establish a schedule of fees for the application for and renewal and reinstatement of licenses issued under this chapter.
(3) A person holding a license under this chapter shall comply with this chapter and with the rules issued and the orders issued by the commission under this chapter.
(4) A person who holds a recognized race meet or who participates directly or indirectly in a recognized race meet without being first licensed as required under this chapter and any person violating this chapter is subject to penalties under Section 4-2-304.
Amended by Chapter 239, 2019 General Session