reglab/statecodes huggingface dataset:
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 38 - Utah Horse Regulation Act › Part 2 - Events › Section 202 - Stewards.

Effective 5/14/2019
4-38-202.
Stewards.
(1)
(a) The commission may delegate authority to enforce commission rules and this chapter to three stewards at each recognized race meet. At least one of the stewards shall be selected by the commission.
(b) For the purpose of enforcing this chapter and the rules and orders of the commission, a decision by the stewards shall be passed by a majority vote.
(c) Stewards shall exercise reasonable and necessary authority as designated by rules of the commission including the following:
(i) enforce rules of the commission;
(ii) rule on the outcome of events;
(iii) evict from an event any person who has been convicted of bookmaking, bribery, or attempts to alter the outcome of any race through tampering with any animal that is not in accordance with this chapter or the rules of the commission;
(iv) levy fines not to exceed $2,500 for violations of rules of the commission, which fines shall be reported daily and paid to the commission within 48 hours of imposition and notice;
(v) suspend licenses not to exceed one year for violations of rules of the commission, which suspension shall be reported to the commission daily;
(vi) recommend that the commission impose fines or suspensions greater than permitted by Subsections (1)(c)(iv) and (v); and
(vii) exclude a horse from a racetrack facility in this state, or prohibit a horse from participating in a horse race or race meet.
(2) If a majority of the stewards agree, they may impose fines or suspend licenses.
(3)
(a) A fine or license suspension imposed by a steward may be appealed in writing to the commission within five days after the fine or license suspension imposition. The commission may affirm or reverse the decision of a steward or may increase or decrease any fine or suspension.
(b) A fine imposed by the commission under this section or Section 4-38-301 may not exceed $5,000.
(c) Suspensions of a license may be for any period of time but shall be commensurate with the seriousness of the offense.
Amended by Chapter 239, 2019 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 38 - Utah Horse Regulation Act › Part 2 - Events › Section 203 - Race meets -- Licenses -- Fairs.

Effective 5/14/2019
4-38-203.
Race meets -- Licenses -- Fairs.
(1) A person making application for a license to hold a race meet under this chapter shall file an application that sets forth the time, place, and number of days the race meet will continue, and other information the commission may require.
(2) A person who has been convicted of a crime involving moral turpitude may not be issued a license to hold a race meet.
(3)
(a) The license issued shall specify the kind and character of the race meet to be held, the number of days the race meet shall continue, and the number of races per day.
(b) The licensee shall pay in advance of the scheduled race meet to the commission a fee of not less than $25. If unforeseen obstacles arise that prevent the holding or completion of any race meet, the license fee held may be refunded to the licensee if the commission considers the reason for failure to hold or complete the race meet sufficient.
(4)
(a) An unexpired license held by any person who violates this chapter, or fails to pay to the commission any fees required under this chapter, is subject to cancellation and revocation by the commission.
(b) This cancellation shall be made only after a summary hearing before the commission, of which seven days notice in writing shall be given the licensee, specifying the grounds for the proposed cancellation. At the hearing, the licensee shall be given an opportunity to be heard in opposition to the proposed cancellation.
(5)
(a) A fair board or fair district that conducts a race meet in connection with a regularly scheduled annual fair is exempt from payment of the fees provided in this section, unless the fair board or fair district sponsors a race in which the speed indexes are officially recognized under breed requirements.
(b) A race meet in connection with a fair is limited to 14 race days, unless otherwise permitted by a unanimous vote of the commission.
(6) The exemption from the payment of fees under Subsection (5)(a) does not apply to a race meet qualifying for official speed index races.
Amended by Chapter 239, 2019 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 38 - Utah Horse Regulation Act › Part 3 - Investigations and Prohibitions › Section 302 - Stimulation or retardation of animals prohibited -- Tests.

Effective 7/1/2017
4-38-302.
Stimulation or retardation of animals prohibited -- Tests.
(1) Any person who uses or permits the use of any mechanical or electrical device, or drug of any kind, to stimulate or retard any animal in any race authorized by this chapter, except as prescribed by the commission, is guilty of a class A misdemeanor.
(2) A commission member or race steward may cause tests to be made that the commission considers proper to determine whether any animal has been stimulated or retarded. Tests performed in furtherance of this section shall be conducted by or under the supervision of a licensed Utah veterinarian.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 38 - Utah Horse Regulation Act › Part 3 - Investigations and Prohibitions › Section 303 - Bribery and touting prohibited.

Effective 7/1/2017
4-38-303.
Bribery and touting prohibited.
Any person who gives or promises or attempts to give, or any person who receives or agrees to receive or attempts to receive, any money, bribe, or thing of value with intent to influence any person to dishonestly umpire, manage, direct, judge, preside, officiate at, or participate in any race conducted under this chapter with the intent or purpose that the result of the race will be affected or influenced thereby, is guilty of a felony of the third degree and subject to a fine of not more than $10,000.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 38 - Utah Horse Regulation Act › Part 3 - Investigations and Prohibitions › Section 304 - Gambling disclaimer.

Effective 7/1/2017
4-38-304.
Gambling disclaimer.
Nothing in this chapter may be construed to legalize or permit any form of gambling.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 38 - Utah Horse Regulation Act › Part 4 - Finances › Section 401 - Race meet money.

Effective 5/14/2019
4-38-401.
Race meet money.
(1) The commission shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to determine how all the added money and money from payment races shall be collected and disbursed.
(2) Payment deposits shall be made in a timely manner determined by the commission, and each licensee shall provide proof of deposits as required by the commission.
Amended by Chapter 239, 2019 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 38 - Utah Horse Regulation Act › Part 4 - Finances › Section 402 - Horse Racing Account created -- Contents -- Use of account money.

Effective 7/1/2017
4-38-402.
Horse Racing Account created -- Contents -- Use of account money.
(1) There is created within the General Fund a restricted account known as the Horse Racing Account.
(2) The Horse Racing Account consists of:
(a) license fees collected under this chapter;
(b) revenue from fines imposed under this chapter; and
(c) interest on account money.
(3) Upon appropriation by the Legislature, money from the account shall be used for the administration of this chapter, including paying the costs of:
(a) public liability insurance;
(b) stewards;
(c) veterinarians; and
(d) drug testing.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 38 - Utah Horse Regulation Act › Part 5 - Hearings › Section 501 - Hearings.

Effective 7/1/2017
4-38-501.
Hearings.
(1) Except as otherwise provided in this section, all proceedings before the commission or the commission's hearing officer with respect to the denial, suspension, or revocation of licenses or the imposition of fines shall be conducted pursuant to Title 63G, Chapter 4, Administrative Procedures Act.
(2)
(a) These proceedings shall be held in the county where the commission has an office or in any other place the commission designates.
(b) The commission shall notify the applicant or licensee by mailing, by first class mail, a copy of the written notice required to the last address furnished by the application or licensee to the commission at least seven days in advance of the hearing.
(3) The commission may delegate the commission's authority to conduct hearings with respect to the denial or suspension of licenses or the imposition of a fine to a hearing officer.
(4) Proceedings before the board of stewards need not be governed by the procedural or other requirements of Title 63G, Chapter 4, Administrative Procedures Act, but rather shall be conducted in accordance with rules adopted by the commission.
(5) The commission and the board of stewards may administer oaths and affirmations, sign and issue subpoenas, order the production of documents and other evidence, and regulate the course of the hearing pursuant to rules adopted by the commission.
(6)
(a) Any person aggrieved by a final order or ruling issued by a board of stewards may appeal the order or ruling to the commission pursuant to procedural rules adopted by the commission.
(b) The aggrieved party may petition the commission for a stay of execution pending appeal to the commission.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/3/2023
4-39-102.
Definitions.
As used in this chapter:
(1)
(a) "Commingle" means maintaining animals in a manner in which physical contact among animals could occur.
(b) "Commingle" includes maintaining animals in the same pasture or enclosure.
(c) "Commingle" does not include holding animals:
(i) at a sale;
(ii) during transportation;
(iii) during artificial insemination; or
(iv) in other circumstances involving limited contact among animals for a short period of time.
(2) "Domesticated elk" means elk of the genus and species cervus elaphus, held in captivity and domestically raised for commercial purposes.
(3)
(a) "Domesticated elk facility" means a facility where only domesticated elk are raised.
(b) "Domesticated elk facility" includes an elk ranch.
(4) "Domesticated elk product" means any carcass, part of a carcass, hide, meat, meat food product, antlers, or any part of a domesticated elk.
(5) "Elk ranch" means a facility where domesticated elk are harvested through typical hunting methods.
(6) "Suspect domesticated elk" means a domesticated elk for which:
(a) the state veterinarian has determined that the following suggest that the domesticated elk may be infected with a disease spreading pathogen:
(i) unofficial test results;
(ii) laboratory evidence; or
(iii) clinical signs; and
(b) official laboratory results for a disease spreading pathogen:
(i) are inconclusive; or
(ii) have not been conducted.
Amended by Chapter 110, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 1 - General Provisions › Section 103 - Department's responsibilities.

4-39-103.
Department's responsibilities.
The department is responsible for enforcing laws and rules relating to:
(1) the importation, possession, or transportation of domesticated elk into the state or within the state;
(2) the inspection of domesticated elk facilities;
(3) preventing the outbreak and controlling the spread of disease-causing pathogens among domesticated elk in domesticated elk facilities;
(4) preventing the spread of disease-causing pathogens from domesticated elk to wildlife, other animals, or humans; and
(5) if necessary, quarantining any domesticated elk pursuant to Chapter 31, Control of Animal Disease.
Amended by Chapter 331, 2012 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 1 - General Provisions › Section 104 - Domesticated Elk Act advisory council.

Affected by 63I-1-204 on 7/1/2027
Effective 7/1/2017
4-39-104.
Domesticated Elk Act advisory council.
(1) The department shall establish a Domesticated Elk Act advisory council to give advice and make recommendations on policies and rules adopted pursuant to this chapter.
(2) The advisory council shall consist of 10 members appointed by the commissioner of agriculture to four-year terms as follows:
(a) one member, recommended by the executive director of the Department of Natural Resources, shall represent the Department of Natural Resources;
(b) two members, one of whom shall be the state veterinarian, shall represent the Department of Agriculture;
(c) one member shall represent the livestock industry;
(d) one member, recommended by the executive director of the Department of Natural Resources from a list of candidates submitted by the Division of Wildlife Resources, shall represent wildlife interests; and
(e) five members, recommended by the Department of Agriculture, shall represent the domesticated elk industry.
(3) Notwithstanding the requirements of Subsection (2), the commissioner shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of council members are staggered so that approximately half of the council is appointed every two years.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(5)
(a) A majority of the advisory council constitutes a quorum.
(b) A quorum is necessary for the council to act.
(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 181, 2017 General Session
Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 1 - General Provisions › Section 105 - Prohibited activities.

4-39-105.
Prohibited activities.
(1) Except as provided in this title or in the rules of the department made pursuant to this title, a person may not:
(a) acquire, import, or possess domesticated elk intended for use in a domesticated elk facility;
(b) transport domesticated elk to or from a domesticated elk facility;
(c) propagate domesticated elk in a domesticated elk facility; or
(d) harvest, transfer, possess, or sell domesticated elk or domesticated elk products from a domesticated elk facility.
(2) Releasing domesticated elk into the wild is prohibited.
Amended by Chapter 378, 1999 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 1 - General Provisions › Section 106 - Department to make rules.

4-39-106.
Department to make rules.
(1) The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, after considering the recommendations of the advisory council:
(a) specifying procedures for the application and renewal of licenses for operating a domesticated elk facility;
(b) governing the disposal or removal of domesticated elk from a domesticated elk facility for which the license has lapsed or been revoked;
(c) setting standards and requirements for operating a domesticated elk facility;
(d) setting health requirements and standards for health inspections; and
(e) governing the possession, transportation, and accompanying documentation of domesticated elk carcasses.
(2) The department may make other rules consistent with its responsibilities set forth in Section 4-39-103.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 1 - General Provisions › Section 107 - Powers of state veterinarian.

Effective 5/3/2023
4-39-107.
Powers of state veterinarian.
(1) The state veterinarian shall:
(a) set up periodic or ongoing surveillance programs considered necessary for:
(i) the recognition, control, monitoring, and elimination of infectious diseases and parasites; and
(ii) monitoring genetic purity; and
(b) quarantine or make any disposition of diseased animals that the state veterinarian considers necessary for the control or eradication of that disease.
(2) In carrying out the state veterinarian's duties under this section, the state veterinarian may impose reasonable restrictions, as determined by the department, on the transfer of domesticated elk to or from a domesticated elk herd for a limited time for the purpose of conducting a health risk assessment for the domesticated elk herd.
(3) Within 30 calendar days after the day on which the state veterinarian begins an animal disease traceability investigation for a domesticated elk herd, the state veterinarian shall provide written notice to an owner of the domesticated elk facility of:
(a) the status of the animal disease traceability investigation, including any findings; and
(b) the owner's right to appeal.
(4) The state veterinarian may not:
(a) quarantine a domesticated elk facility unless a domesticated elk at the domesticated elk facility has, within the previous 60 months:
(i) tested positive for a disease spreading pathogen; or
(ii) commingled with a domesticated elk in a quarantined domesticated elk facility;
(b) continue a previously ordered domesticated elk facility quarantine if an animal disease traceability investigation finds that:
(i) a suspect domesticated elk was not commingled with a domesticated elk that tested positive for a disease spreading pathogen in the 60 months before the day on which the state veterinarian begins the investigation; or
(ii) no suspect domesticated elk resides at the domesticated elk facility; or
(c) restrict the movement of a domesticated elk in transport to an elk ranch or slaughter facility.
Amended by Chapter 110, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 1 - General Provisions › Section 108 - Deposit of fees.

Effective 5/5/2021
4-39-108.
Deposit of fees.
The department shall deposit all fees collected under this chapter into the Utah Livestock Brand and Anti-Theft Account created in Section 4-24-501.
Amended by Chapter 295, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 2 - Domesticated Elk Facilities and Licenses › Section 201 - Fencing, posts, and gates.

Effective 7/1/2017
4-39-201.
Fencing, posts, and gates.
(1) A domesticated elk facility shall, at a minimum, meet the requirements of this section and shall be constructed to prevent the movement of domestic elk and wild cervids into or out of the facility.
(2)
(a) All perimeter fences and gates shall be:
(i) a minimum of eight feet above ground level; and
(ii) constructed of hi-tensile steel.
(b) At least the bottom four feet shall be mesh with a maximum mesh size of 6" x 6".
(c) The remaining four feet shall be mesh with a maximum mesh size of 12" x 6".
(3) The minimum wire gauge shall be 14-1/2 gauge for a 2 woven hi-tensile fence.
(4) All perimeter gates at the entrances of a domesticated elk handling facility shall be locked, with consecutive or self-closing gates when animals are present.
(5) Posts shall be:
(a)
(i) constructed of treated wood that is at least four inches in diameter; or
(ii) constructed of a material with the strength equivalent of Subsection (5)(a)(i);
(b) spaced no more than 30 feet apart if one stay is used, or 20 feet apart if no stays are used; and
(c) at least eight feet above ground level and two feet below ground level.
(6) Stays, between the posts, shall be:
(a) constructed of treated wood or steel;
(b) spaced no more than 15 feet from any post; and
(c) at least eight feet above ground level, and two feet below ground level.
(7) Corner posts and gate posts shall be braced wood or its strength equivalent.
Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 2 - Domesticated Elk Facilities and Licenses › Section 202 - General facility requirements.

Effective 7/1/2017
4-39-202.
General facility requirements.
(1)
(a) Internal handling facilities shall be capable of humanely restraining an individual animal and to facilitate:
(i) the application or reading of any animal identification;
(ii) the taking of blood or tissue samples; and
(iii) any other required or necessary testing procedure.
(b) A domesticated elk facility shall be properly constructed to protect inspection personnel while inspection personnel are handling the domesticated elk.
(2) The domesticated elk facility owner shall provide ample signage around the facility indicating that it is a domesticated elk facility, so that the public is put on notice that the animals are not wild elk.
Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 2 - Domesticated Elk Facilities and Licenses › Section 203 - License required to operate a domesticated elk facility.

Effective 7/1/2017
4-39-203.
License required to operate a domesticated elk facility.
(1) A person may not operate a domesticated elk facility without first obtaining a license from the department.
(2)
(a) Each application for a license to operate a domesticated elk facility shall be accompanied by a fee.
(b) The fee shall be established by the department in accordance with Section 63J-1-504.
(3) Each applicant for a domesticated elk facility license shall submit an application providing all information in the form and manner as required by the department.
(4)
(a) No license shall be issued until the department has inspected and approved the facility.
(b) The department shall:
(i) notify the Division of Wildlife Resources at least 48 hours prior to a scheduled inspection so that a Division of Wildlife Resources representative may be present at the inspection; and
(ii) provide the Division of Wildlife Resources with copies of all licensing and inspection reports.
(5) Each separate location of the domesticated elk operation shall be licensed separately.
(6)
(a) If a domesticated elk facility is operated under more than one business name from a single location, the name of each operation shall be listed with the department in the form and manner required by the department.
(b) The department shall require that a separate fee be paid for each business name listed.
(c) If a domesticated elk facility operates under more than one business name from a single location, each facility shall maintain separate records.
(7) Each person or business entity with an equity interest in the domesticated elk shall be listed on the application for license.
(8) Each domesticated elk facility license shall expire on July 1 in the year following the year of issuance.
(9) Each licensee shall report to the department, in the form and manner required by the department, any change in the information provided in the licensee's application or in the reports previously submitted, within 15 days of each change.
(10) Licenses issued pursuant to this section are not transferable.
Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 2 - Domesticated Elk Facilities and Licenses › Section 204 - Inspection of domesticated elk.

4-39-204.
Inspection of domesticated elk.
Following the issuance of a license, the licensee shall have each domesticated elk inspected within 60 days following the stocking of the facility.
Enacted by Chapter 302, 1997 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 2 - Domesticated Elk Facilities and Licenses › Section 205 - License renewal.

Effective 5/8/2018
4-39-205.
License renewal.
(1) To renew a license, the licensee shall submit to the department the following:
(a) renewal fee;
(b) paperwork showing that the:
(i) domesticated elk, on the domesticated elk facility, have been inspected and certified by the department for health, proof of ownership, and genetic purity certification for all elk imported into the state; and
(ii) facility has been properly maintained, as provided in this chapter, during the immediately preceding 60-day period; and
(c) record of each purchase of domesticated elk and transfer of domesticated elk into the facility, which shall include the following information:
(i) name, address, and health approval number of the source;
(ii) date of transaction; and
(iii) number and sex.
(2)
(a) If the renewal fee and paperwork are not received on or before April 30, a late fee will be charged.
(b) A license may not be renewed until the fee is paid.
(3) If the application and fee for renewal are not received on or before July 1, the license may not be renewed, and a new license shall be required.
Amended by Chapter 355, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 2 - Domesticated Elk Facilities and Licenses › Section 206 - Records to be maintained.

Effective 7/1/2017
4-39-206.
Records to be maintained.
(1) The following records and information shall be maintained by a domesticated elk facility for the life of the animal plus two years:
(a) records of purchase, acquisition, distribution, and production histories of domesticated elk;
(b) records documenting antler harvesting, production, and distribution; and
(c) health certificates.
(2) For purposes of carrying out the provisions of this chapter and rules made under this chapter, at any reasonable time during regular business hours, the department shall have free and unimpeded access to inspect all records required to be kept.
(3) The department may make copies of the records referred to in this section.
Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 2 - Domesticated Elk Facilities and Licenses › Section 207 - Inspection of facilities.

Effective 7/1/2017
4-39-207.
Inspection of facilities.
(1) The department may conduct pathological or physical investigations at any domesticated elk facility to ensure compliance with this chapter.
(2) For purposes of carrying out the provisions of this chapter and rules made under this chapter, at any reasonable time during regular business hours, the department shall have free and unimpeded access to inspect all buildings, yards, pens, pastures, and other areas in which any domesticated elk are kept, handled, or transported.
(3) The department shall notify the Division of Wildlife Resources prior to an inspection so that a Division of Wildlife Resources representative may be present at the inspection.
Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 3 - Acquisition, Transportation, Sale, or Slaughter of Domesticated Elk › Section 301 - Health and genetic purity requirements -- Proof of source.

Effective 7/1/2017
4-39-301.
Health and genetic purity requirements -- Proof of source.
The department shall require:
(1) that each domesticated elk, including gametes, eggs, or sperm, imported into the state:
(a) test negative for the red deer genetic factor;
(b) be registered with gold or silver status with the North American Elk Breeders Association; or
(c) come from a state which has a red deer genetic factor prevention program approved by the department; and
(2) proof that the domesticated elk originates from a legal source as provided in Section 4-39-302.
Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 3 - Acquisition, Transportation, Sale, or Slaughter of Domesticated Elk › Section 302 - Acquisition of domesticated elk for use in domesticated elk facilities.

4-39-302.
Acquisition of domesticated elk for use in domesticated elk facilities.
Domesticated elk intended for use in domesticated elk facilities shall meet all health and genetic requirements of this chapter.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 3 - Acquisition, Transportation, Sale, or Slaughter of Domesticated Elk › Section 303 - Importation of domesticated elk.

Effective 5/3/2023
4-39-303.
Importation of domesticated elk.
(1) A person may not import domesticated elk into the state for use in domesticated elk facilities without first obtaining:
(a) an entry permit from the state veterinarian's office; and
(b) a domesticated elk facility license from the department.
(2) The entry permit shall include the following information and certificates:
(a) a health certificate with an indication of the current health status;
(b) proof of genetic purity as required in Section 4-39-301;
(c) the name and address of the consignor and consignee;
(d) proof that the elk are:
(i) tuberculosis free; or
(ii) enrolled in a tuberculosis herd monitoring accreditation program administered by the United State Department of Agriculture or the Canadian Food Inspection Agency;
(e) the origin of shipment;
(f) the final destination;
(g) the total number of animals in the shipment; and
(h) any other information required by the state veterinarian's office or the department.
(3) No domesticated elk will be allowed into the state that originates east of the 100 degree meridian, to prevent introduction of the meningeal worm.
(4) A person who imports domesticated elk into the state from an international herd:
(a) may only import domesticated elk:
(i) that are male; and
(ii) to an elk ranch for use in the elk ranch; and
(b) shall ensure that the domesticated elk are harvested in the same season in which the domesticated elk enter the state.
(5) For the purpose of enforcing Subsection (4), the department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the use of radio frequency identification tags to track male elk imported into the state from an international herd.
Amended by Chapter 110, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 3 - Acquisition, Transportation, Sale, or Slaughter of Domesticated Elk › Section 304 - Marking domesticated elk.

Effective 5/8/2018
4-39-304.
Marking domesticated elk.
(1) Each domesticated elk shall be marked by either an official USDA tag or by an electronic identification tag, as provided in Subsection (2):
(a) within 30 days of a change of ownership; or
(b) in the case of newborn calves, within 15 days after being weaned, but in any case, no later than January 31.
(2) If a domesticated elk is identified with an electronic identification tag, it shall be placed in the right ear.
Amended by Chapter 355, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 3 - Acquisition, Transportation, Sale, or Slaughter of Domesticated Elk › Section 305 - Transportation of domesticated elk to or from domesticated elk facilities.

Effective 5/8/2018
4-39-305.
Transportation of domesticated elk to or from domesticated elk facilities.
(1) A person may transport domesticated elk without an official state brand certificate or other proof of ownership if the person:
(a) only moves domesticated elk accompanied by an intrastate transfer form provided by the department;
(b) reports the move to the department within five days;
(c) only moves domesticated elk from a licensed facility to another licensed facility owned by the same person; and
(d) only moves domesticated elk intrastate.
(2) An official state brand inspection certificate shall accompany all domesticated elk sold or slaughtered.
Amended by Chapter 355, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 3 - Acquisition, Transportation, Sale, or Slaughter of Domesticated Elk › Section 306 - Inspection before movement, sale, or slaughter.

Effective 5/8/2018
4-39-306.
Inspection before movement, sale, or slaughter.
(1) Each domesticated elk facility licensee shall have the domesticated elk inspected by the department before sale or slaughter.
(2) Except as provided by Section 4-39-305, any person transporting or possessing domesticated elk or domesticated elk products shall have the appropriate brand inspection certificate in the person's possession.
Amended by Chapter 355, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 3 - Acquisition, Transportation, Sale, or Slaughter of Domesticated Elk › Section 307 - Inspections -- Qualifications of inspectors.

4-39-307.
Inspections -- Qualifications of inspectors.
Health certification shall be based upon inspections carried out in accordance with standards specified by the department.
Enacted by Chapter 302, 1997 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 3 - Acquisition, Transportation, Sale, or Slaughter of Domesticated Elk › Section 308 - Study of importation of domesticated elk.

Effective 5/3/2023
4-39-308.
Study of importation of domesticated elk.
(1) As used in this section:
(a) "Committee" means the Natural Resources, Agriculture, and Environment Interim Committee.
(b) "Eastern importation" means the importation into the state of domesticated elk originating east of the 100 degree meridian.
(2)
(a) The department shall conduct a study of domesticated elk importation.
(b) The department shall coordinate with the Division of Wildlife Resources and relevant stakeholders that have an interest in domesticated elk importation to conduct the study described in Subsection (2)(a).
(3) The study described in Subsection (2) shall:
(a) evaluate the risk to domesticated elk in the state of meningeal worm infection related to eastern importation;
(b) evaluate strategies to mitigate meningeal worm infection related to eastern importation, including:
(i) tracking;
(ii) testing;
(iii) vaccination; and
(iv) treatment;
(c) study avenues for importation of domesticated elk breeding stock other than eastern importation, including potential risks and strategies for mitigating risks; and
(d) include a study or evaluation of any other factors the department determines necessary to conduct the study described in Subsection (2).
(4) The study described in Subsection (2) may include:
(a) review of relevant literature; and
(b) surveys of other states' disease mitigation strategies and practices.
(5)
(a) The department shall report to the committee on or before the committee's September 2023 interim committee meeting.
(b) The report described in Subsection (5)(a):
(i) shall include recommendations:
(A) for or against eastern import, including recommendations for how to implement eastern import, if any; and
(B) for importation of domesticated elk breeding stock, including recommendations for implementation and disease mitigation strategies; and
(ii) may include recommendations for legislation.
(6) If the committee decides to recommend legislative action based on the report and recommendations described in Subsection (5), the committee shall prepare legislation for consideration by the Legislature in the 2024 General Session.
Enacted by Chapter 110, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 4 - Escape of Domesticated Elk/Removal of Wild Elk › Section 401 - Escape of domesticated elk -- Liability.

Effective 7/1/2023
4-39-401.
Escape of domesticated elk -- Liability.
(1) The owner shall try to capture domesticated elk that escape.
(2) The escape of a domesticated elk shall be reported immediately to the domestic elk program manager, who shall notify the Division of Wildlife Resources.
(3) If the domesticated elk is not recovered within 72 hours of the escape, the department, in conjunction with the Division of Wildlife Resources, shall take whatever action is necessary to resolve the problem.
(4) The owner shall reimburse the state or a state agency for any reasonable recapture costs incurred in the recapture or destruction of an escaped domesticated elk.
(5) An escaped domesticated elk taken by a licensed hunter in a manner that complies with the provisions of Title 23A, Wildlife Resources Act, and the rules of the Wildlife Board shall be considered a legal taking and neither the licensed hunter, the state, nor a state agency shall be liable to the owner for the killing.
(6) The owner shall be responsible for containing the domesticated elk to ensure that there is no spread of disease from domesticated elk to wild elk and that the genetic purity of wild elk is protected.
Amended by Chapter 34, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 4 - Escape of Domesticated Elk/Removal of Wild Elk › Section 402 - Removal of wild cervids -- Liability.

Effective 7/1/2017
4-39-402.
Removal of wild cervids -- Liability.
(1) Upon discovery of a wild cervid in a domesticated elk facility, the licensee shall immediately notify the Division of Wildlife Resources, which shall remove the wild cervid.
(2) The state or a state agency is not liable for disease or genetic purity problems of domesticated elk that may be attributed to wild cervids.
Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 5 - Enforcement and Penalties › Section 501 - Enforcement and penalties.

4-39-501.
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 licenses as determined by the department.
Enacted by Chapter 302, 1997 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 5 - Enforcement and Penalties › Section 502 - Adjudicative proceedings.

4-39-502.
Adjudicative proceedings.
Adjudicative proceedings under this chapter shall be conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 39 - Domesticated Elk Act › Part 5 - Enforcement and Penalties › Section 503 - Grounds for denial, suspension, or revocation of licenses for domestic elk facilities.

Effective 5/3/2023
4-39-503.
Grounds for denial, suspension, or revocation of licenses for domestic elk facilities.
(1) The department shall deny, suspend, or revoke a license to operate a domestic elk facility if the licensee or applicant:
(a) fails, for two consecutive years, to:
(i) meet inventory requirements as required by the department;
(ii) submit chronic wasting disease test samples for at least 90% of mortalities over 12 months old;
(iii) notify the department that there are wild cervids inside a domestic elk farm or elk ranch;
(b) fails to present animals for identification at the request of the department or allow the department to have access to facility records; or
(c) violates the import requirements of Section 4-39-303.
(2) The department may deny, revoke, or suspend a license to operate a domestic elk facility if, after delivery of notice and an opportunity to correct, the licensee or applicant:
(a) provides:
(i) an unfinished application or incorrect application information; or
(ii) incorrect records or fails to maintain required records;
(b) fails to:
(i) notify the department of movement of elk onto or off of the facility;
(ii) identify elk as required;
(iii) notify the department concerning an escape of an animal from a domestic elk facility;
(iv) maintain a perimeter fence that prevents escape of domestic elk or ingress of wild cervids into the facility;
(v) participate with the department in a cooperative wild cervid removal program;
(vi) submit chronic wasting disease test samples for at least 90% of mortalities over 12 months old; or
(vii) have the minimum proper equipment necessary to safely and humanely handle animals in the facility;
(c) moves imported elk onto a facility without getting a Certificate of Veterinary Inspection that has an import permit number from the department;
(d) imports animals that are prohibited or controlled by the division; or
(e) handles animals in a manner that violates acceptable animal husbandry practices.
Enacted by Chapter 110, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41 - Hemp and Cannabinoid Act › Part 1 - Industrial Hemp › Section 101 - Title.

Effective 3/2/2020
4-41-101.
Title.
(1) This chapter is known as the "Hemp and Cannabinoid Act."
(2) This part is known as "Industrial Hemp."
Amended by Chapter 14, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41 - Hemp and Cannabinoid Act › Part 1 - Industrial Hemp › Section 103.1 - Authority to regulate production, sale, and testing of cannabinoid products and industrial hemp.

Effective 5/3/2023
4-41-103.1.
Authority to regulate production, sale, and testing of cannabinoid products and industrial hemp.
(1) The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(a) establish requirements for a cannabinoid processor license to process cannabinoid products;
(b) establish requirements for an industrial hemp retailer permit to market or sell industrial hemp products;
(c) establish the standards, methods, practices, and procedures a laboratory must use to qualify for a permit to test industrial hemp and cannabinoid products and to dispose of non-compliant material; and
(d) establish requirements for registration of processors of non-cannabinoid industrial hemp products.
(2) The department shall maintain a list of each licensee and permittee.
Amended by Chapter 146, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41 - Hemp and Cannabinoid Act › Part 1 - Industrial Hemp › Section 103.3 - Industrial hemp retailer permit.

Effective 5/3/2023
4-41-103.3.
Industrial hemp retailer permit.
(1) Except as provided in Subsection (4), a retailer permittee of the department may market or sell a cannabinoid product or a viable industrial hemp seed.
(2) A person seeking an industrial hemp retailer permit shall provide to the department:
(a) the name of the person that is seeking to market or sell a cannabinoid product or a viable industrial hemp seed;
(b) the address of each location where a cannabinoid product or a viable industrial hemp seed will be sold; and
(c) written consent allowing a representative of the department to enter all premises where the person is selling a cannabinoid product or a viable industrial hemp seed for the purpose of:
(i) conducting a physical inspection; or
(ii) ensuring compliance with the requirements of this chapter.
(3) The department may set a fee in accordance with Subsection 4-2-103(2) for the application for an industrial hemp retailer permit.
(4) Any marketing for a cannabinoid product or a viable industrial hemp seed shall include a notice to consumers that the product is hemp and is not cannabis or medical cannabis, as those terms are defined in Section 26B-4-201.
Amended by Chapter 146, 2023 General Session
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41 - Hemp and Cannabinoid Act › Part 1 - Industrial Hemp › Section 103.4 - Industrial hemp laboratory permit.

Effective 5/3/2023
4-41-103.4.
Industrial hemp laboratory permit.
(1) The department or a laboratory permittee of the department may test industrial hemp and cannabinoid products.
(2) The department or a laboratory permittee of the department may dispose of non-compliant material.
(3) A laboratory seeking an industrial hemp laboratory permit shall:
(a) demonstrate to the department that:
(i) the laboratory and laboratory staff possess the professional certifications required by department rule;
(ii) the laboratory has the ability to test industrial hemp and industrial hemp products using the standards, methods, practices, and procedures required by department rule;
(iii) the laboratory has the ability to meet the department's minimum standards of performance for detecting concentration levels of THC and any cannabinoid known to be present; and
(iv) the laboratory has a plan that complies with the department's rule for the safe disposal of non-compliant material; and
(b) provide to the department written consent allowing a representative of the department and local law enforcement to enter all premises where the laboratory tests, processes, or stores industrial hemp, industrial hemp products, and non-compliant plants for the purpose of:
(i) conducting a physical inspection; or
(ii) ensuring compliance with the requirements of this chapter.
(4) An individual who has been convicted of a drug-related felony within the last 10 years is not eligible to obtain a license under this chapter.
(5) The department may set a fee in accordance with Subsection 4-2-103(2) for the application for an industrial hemp laboratory permit.
Amended by Chapter 146, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41 - Hemp and Cannabinoid Act › Part 1 - Industrial Hemp › Section 103.5 - Industrial hemp producer registration -- Limitation on industrial hemp product use.

Effective 5/3/2023
4-41-103.5.
Industrial hemp producer registration -- Limitation on industrial hemp product use.
(1) A person may produce an industrial hemp product if the person has registered with the department as an industrial hemp producer.
(2) A person seeking to register under Subsection (1) shall provide to the department:
(a) the name of the person that is seeking to produce an industrial hemp product;
(b) the address of each location where the industrial hemp product will be manufactured; and
(c) written consent allowing a representative of the department to enter any premise where the person is manufacturing industrial hemp product for:
(i) conducting a physical inspection; or
(ii) ensuring compliance with the requirements of this chapter.
(3) An industrial hemp product or byproduct may not be used for production of a cannabinoid product.
Enacted by Chapter 146, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41 - Hemp and Cannabinoid Act › Part 1 - Industrial Hemp › Section 104 - Product registration required for distribution -- Application -- Fees -- Renewal.

Effective 5/3/2023
4-41-104.
Product registration required for distribution -- Application -- Fees -- Renewal.
(1) A cannabinoid product class or cannabinoid product that is not registered with the department may not be distributed in this state.
(2) A person seeking registration for a cannabinoid product class or cannabinoid product shall:
(a) apply to the department on forms provided by the department; and
(b) submit an annual registration fee, determined by the department pursuant to Subsection 4-2-103(2), for each cannabinoid product class or cannabinoid product the person intends to distribute in this state.
(3) The department may conduct tests, or require test results, to ensure that any claim made by an applicant about a cannabinoid product class or cannabinoid product is accurate.
(4) Upon receipt by the department of a proper application and payment of the appropriate fee, as described in Subsection (2), the department shall issue a registration to the applicant allowing the applicant to distribute the registered cannabinoid product class or cannabinoid product in the state for one year from the date of the payment of the fee, subject to suspension or revocation for cause.
(5) The department shall mail, either through the postal service or electronically, forms for the renewal of a registration to a registrant at least 30 days before the day on which the registrant's registration expires.
Amended by Chapter 146, 2023 General Session