reglab/statecodes huggingface dataset:
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 24 - Utah Livestock Brand and Anti-Theft Act › Part 5 - Unlawful Acts and Penalties › Section 505 - Commissioner authorized to cooperate with local governments, other states, or federal government in enforcement.

Effective 7/1/2017
4-24-505.
Commissioner authorized to cooperate with local governments, other states, or federal government in enforcement.
The commissioner is empowered with authority, if necessary, to cooperate or enter into cooperative agreements with authorities in any city, town, or county within the state, or with federal authorities, or with authorities in another state for the purpose of securing assistance in the administration and enforcement of this chapter.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 24 - Utah Livestock Brand and Anti-Theft Act › Part 5 - Unlawful Acts and Penalties › Section 506 - Penalties.

Effective 7/1/2017
4-24-506.
Penalties.
A person who violates a provision of this chapter:
(1) is guilty of a class B misdemeanor; and
(2) may be subject to administrative fines, payable to the department, of up to $1,000 per violation.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 25 - Estrays › Part 1 - Organization › Section 102 - Definitions.

Effective 7/1/2017
4-25-102.
Definitions.
For the purpose of this chapter:
(1)
(a) "Estray" means:
(i) an unbranded sheep, cow, horse, mule, or ass found running at large;
(ii) a branded sheep, cow, horse, mule, or ass found running at large whose owner cannot be found after reasonable search; or
(iii) a swine found running at large whose owner cannot be found after reasonable search.
(b) "Estray" does not mean any unweaned animal specified in this section that is running with its mother.
(2) "Feral swine" means any species, or hybrid species:
(a) of the family Suidae, including the European boar, the Eurasian boar, the Russian boar, a feral hog, or a domestic pig;
(b) that is not conspicuously identified by an ear tag or other form of visual identification; and
(c) that is roaming freely upon public land or private land.
(3) "Swine" means any domesticated species of the family Suidae that is conspicuously identified by an ear tag or other form of visible identification.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 25 - Estrays › Part 1 - Organization › Section 103 - County responsibility for estrays -- Contracts with other local governments authorized.

Effective 7/1/2017
4-25-103.
County responsibility for estrays -- Contracts with other local governments authorized.
(1) Each county is responsible for the disposition of all estrays found within the county's boundaries.
(2) Each county in the discharge of the county's responsibility, however, may contract upon mutually agreeable terms with any city, town, or other county with an animal control office to perform any or all of the functions imposed by this chapter.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 25 - Estrays › Part 1 - Organization › Section 104 - Department authorized to make and enforce rules.

Effective 7/1/2017
4-25-104.
Department authorized to make and enforce rules.
The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to make and enforce such rules as in the department's judgment are necessary to administer and enforce this chapter.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 25 - Estrays › Part 2 - Management of Estrays › Section 201 - Possession of estrays -- Determination and location of owner -- Sale -- Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from liability.

Effective 5/3/2023
4-25-201.
Possession of estrays -- Determination and location of owner -- Sale -- Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from liability.
(1)
(a) Except as provided in Section 4-25-202, a county shall:
(i) take physical possession of an estray the county finds within county boundaries;
(ii) attempt to determine the name and location of the estray's owner; and
(iii) contact the local brand inspector.
(b) The department shall assist a county that requests its help in determining the name and location of the owner or other person responsible for the estray.
(c)
(i) Notwithstanding the requirements of Title 67, Chapter 4a, Revised Uniform Unclaimed Property Act, if the county cannot determine the estray's owner, or, if having determined ownership, neither the county nor the department is able to locate the owner within a reasonable period of time, the estray shall be sold at a livestock or other appropriate market.
(ii) The proceeds of a sale under Subsection (1)(c)(i), less the costs described in Subsection (1)(c)(iii), shall be paid to the county selling the estray.
(iii) The livestock or other market conducting the sale under Subsection (1)(c)(i) may deduct the cost of feed, transportation, and other market costs from the proceeds of the sale.
(2) A county shall publish notice of the sale of an estray within the county where the estray was taken into custody, as a class A notice under Section 63G-30-102, for at least 10 days before the date of the sale.
(3) A purchaser of an estray sold under this section shall receive title to the estray free and clear of all claims of the estray's owner and a person claiming title through the owner.
(4) A county that complies with the provisions of this section is immune from liability for the sale of an estray sold at a livestock or other appropriate market.
(5) Notwithstanding the requirements of Subsection (1)(c), a county may employ a licensed veterinarian to euthanize an estray if the licensed veterinarian determines that the estray's physical condition prevents the estray from being sold.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 25 - Estrays › Part 2 - Management of Estrays › Section 202 - Report of estrays -- Possession -- Relief from liability.

Effective 7/1/2017
4-25-202.
Report of estrays -- Possession -- Relief from liability.
(1) As used in this section, "division" means the Division of Wildlife Resources.
(2) A person, other than an official of the county or of an animal control office under contract with the county, who finds an estray shall report the estray to the county or animal control office immediately.
(3) Upon receipt of notification under Subsection (2), the county or the animal control office shall:
(a) take possession of the estray; or
(b) if appropriate, authorize the person in possession of the estray to maintain and care for the estray pending determination and location of the estray's owner.
(4) A person who gives notice of an estray and delivers the estray to the county or animal control office is not liable to third parties on account of the estray to the extent of the value of the animal.
(5)
(a) If an employee of the department or the division, acting in the employee's official capacity, finds an estray, the employee shall:
(i) comply with the requirements of Subsection (2); and
(ii) make a reasonable attempt to contact the estray's owner.
(b) The county or animal control office receiving a report of an estray from an employee of the department or the division shall:
(i) take possession of the estray; or
(ii) authorize the department or the division in writing or through electronic means to take possession of the estray.
(c) If the county or animal control office does not comply with Subsection (5)(b) within 72 hours from the time the division reports an estray, the division may take possession of the estray.
(d) If the division takes possession of the estray, the division shall:
(i) make a reasonable attempt to return the estray to the estray's owner; or
(ii) if unable to return the estray to the estray's owner, deliver the estray to the county or animal control office.
(e) If the division is unable to take possession of the estray after a reasonable attempt, the division may cause the death of the estray if the division determines that the estray presents a material threat to wildlife by:
(i) predation;
(ii) pathogen transmission; or
(iii) genetic introgression.
(f) If the division causes the death of an estray under Subsection (5)(e), the division shall:
(i) compensate the owner of the estray at full market value of the estray; or
(ii) if the owner of the estray cannot be determined, deposit an amount equal to the full market value of the estray into the Agricultural and Wildlife Damage Prevention Account created in Section 4-23-108.
(6) Notwithstanding the requirements of Subsection (5), the division may immediately take possession of an estray or cause an estray to move away from wildlife if the estray presents an imminent material threat to wildlife by:
(a) predation;
(b) pathogen transmission; or
(c) genetic introgression.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 25 - Estrays › Part 2 - Management of Estrays › Section 203 - Compensation for care of estrays -- Liability of county -- Notice required.

Effective 7/1/2017
4-25-203.
Compensation for care of estrays -- Liability of county -- Notice required.
(1) A person who finds an estray and who, after giving notice is authorized by the county to maintain and care for the estray, is entitled to compensation from the owner, or from the county, as the case may be, for the reasonable costs of feeding and maintaining the estray; provided, that the county is liable for such cost only if the owner is not located after diligent search.
(2) No person who finds an estray, however, is entitled to reimbursement for feed and maintenance or for any other cost incurred on behalf of the estray before such time as notice of the estray is given to the county or to the appropriate animal control office.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 25 - Estrays › Part 2 - Management of Estrays › Section 204 - County legislative body authorized to adopt fence ordinance -- Lawful fence to be specified by ordinance -- Dividing the county into divisions for different fencing regulations.

Effective 7/1/2017
4-25-204.
County legislative body authorized to adopt fence ordinance -- Lawful fence to be specified by ordinance -- Dividing the county into divisions for different fencing regulations.
(1) A county legislative body may, by ordinance, declare and enforce a general policy within the county for the fencing of farms, subdivisions, or other private property to allow domestic animals to graze without trespassing on farms, subdivisions, or other private property.
(2) If an ordinance is adopted under Subsection (1), the county legislative body:
(a) shall through ordinance declare and specify what constitutes a lawful fence; and
(b) may divide the county into divisions and prescribe different fencing regulations for each division.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 25 - Estrays › Part 2 - Management of Estrays › Section 205 - Owner liable for trespass of animals -- Exception -- Intervention by county representative.

Effective 7/1/2017
4-25-205.
Owner liable for trespass of animals -- Exception -- Intervention by county representative.
(1) The owner of any cattle, horse, ass, mule, sheep, goat, or swine that trespasses upon the premises of another person, except in cases where the premises are not enclosed by a lawful fence in a county or municipality that has adopted a fence ordinance, is liable in a civil action to the owner or occupant of the premises for any damage inflicted by the trespass.
(2) A county representative may intervene to remove the animal and the county is entitled to fair compensation for costs incurred. If the animal is not claimed within 10 days after written notification is sent to the animal's owner, a county representative may sell the animal to cover costs incurred.
(3) Notwithstanding Subsections (1) and (2), the owner of any cattle, horse, ass, mule, sheep, goat, or swine that trespasses upon the premises of another person is not liable in a civil action to the owner or occupant of the premises for damage inflicted by the trespass if:
(a) the animal enters the premises from an historic livestock trail, as defined in Section 57-13b-102; and
(b) the premises that was trespassed is not enclosed by an adequate fence at the time the trespass occurs.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 25 - Estrays › Part 2 - Management of Estrays › Section 206 - Animals running at large -- Prohibition -- Limited exception.

Effective 7/1/2017
4-25-206.
Animals running at large -- Prohibition -- Limited exception.
(1) Except as provided in Subsection (2), no person who owns or is in possession of a stallion, jack, or ridgeling over 18 months old, or a ram over three months old, shall permit the animal to run at large within the limits of, or on the summer range of, any town or settlement.
(2) Two-thirds of the voters of any county or isolated part of a county may elect through an election to make this section ineffective in all or part of the county during part of the year.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 25 - Estrays › Part 3 - Swine › Section 301 - Allowing swine to run at large -- Class B misdemeanor.

Effective 7/1/2017
4-25-301.
Allowing swine to run at large -- Class B misdemeanor.
(1) A person is guilty of a class B misdemeanor if the person:
(a) is in control of a swine; and
(b) allows the swine to run at large.
(2) A person described in Subsection (1) is liable for damage caused by the swine running at large.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 25 - Estrays › Part 3 - Swine › Section 302 - Release of swine or feral swine for any purpose.

Effective 7/1/2017
4-25-302.
Release of swine or feral swine for any purpose.
A person is guilty of a third degree felony if the person releases a:
(1) swine on public or private property for hunting purposes; or
(2) feral swine on public or private property for any purpose.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 25 - Estrays › Part 3 - Swine › Section 303 - Feral swine detrimental to state's interests -- Seizure, capture, or destruction of feral swine.

Effective 7/1/2017
4-25-303.
Feral swine detrimental to state's interests -- Seizure, capture, or destruction of feral swine.
(1) Feral swine are detrimental to the state's interests in agriculture and wildlife.
(2) Feral swine may be seized, captured, or destroyed at any time, in any place, and in any manner by:
(a) the department and the department's authorized agents;
(b) the Division of Wildlife Resources and the Division of Wildlife Resources' authorized agents; or
(c) a certified peace officer.
(3)
(a) Notwithstanding Section 76-9-301, and subject to the requirements of this section, an individual may kill a feral swine roaming on private or public land.
(b) An individual shall obtain the consent of the landowner before killing a feral swine on private land.
(c) Feral swine may be killed:
(i) year-round;
(ii) in any number; and
(iii) with a firearm, bow and arrow, or crossbow.
(4) Feral swine may not be hunted or killed under Subsection (3)(c):
(a) with the use of artificial light or night vision equipment, except as authorized by county ordinance; or
(b) from or with any airborne vehicle or device, except as provided in Section 4-23-106.
(5) An individual may not receive compensation, or attempt to receive compensation, from hunting feral swine.
(6) An authorized individual who kills a swine under this section is not liable to the owner for the loss of the swine, unless:
(a) the swine is conspicuously identified by an ear tag or other form of visual identification; and
(b) the individual who killed the swine knew the swine was identified by an ear tag or other form of usual identification.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 25 - Estrays › Part 4 - Impounded Livestock › Section 401 - Impounded livestock -- Determination and location of owner -- Sale -- Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from liability.

Effective 5/3/2023
4-25-401.
Impounded livestock -- Determination and location of owner -- Sale -- Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from liability.
(1) As used in this section, "impounded livestock" means the following animals seized and retained in legal custody:
(a) cattle;
(b) calves;
(c) horses;
(d) mules;
(e) sheep;
(f) goats;
(g) hogs; or
(h) domesticated elk.
(2)
(a) A county may:
(i) take physical possession of impounded livestock seized and retained within its boundaries; and
(ii) attempt to determine the name and location of the impounded livestock's owner.
(b) The department shall assist a county who requests help in locating the name and location of the owner or other person responsible for the impounded livestock.
(c)
(i) Notwithstanding the requirements of Title 67, Chapter 4a, Revised Uniform Unclaimed Property Act, if the county cannot determine ownership of the impounded livestock, or, if having determined ownership, neither the county nor the department is able to locate the owner within a reasonable period of time, the impounded livestock shall be sold at a livestock or other appropriate market.
(ii) The proceeds of a sale under Subsection (2)(c)(i), less the costs described in Subsection (2)(c)(iii), shall be paid to the State School Fund created by the Utah Constitution, Article X, Section 5, Subsection (1).
(iii) The livestock or other market conducting the sale under Subsection (2)(c)(i) may deduct the cost of feed, transportation, and other market costs from the proceeds of the sale.
(3) A county shall publish the intended sale of the impounded livestock within the county where the impounded livestock was taken into custody, as a class A notice under Section 63G-30-102, for at least 10 days before the date of the sale.
(4) A purchaser of impounded livestock sold under this section shall receive title to the impounded livestock free and clear of all claims of the livestock's owner or a person claiming title through the owner.
(5) If a county complies with the provisions of this section, the county is immune from liability for the sale of impounded livestock sold at a livestock or other appropriate market.
(6) Notwithstanding the requirements of Subsection (2)(c), a county may employ a licensed veterinarian to euthanize an impounded livestock if the licensed veterinarian determines that the impounded livestock's physical condition prevents the impounded livestock from being sold.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 26 - Enclosures and Fences › Section 101 - Title -- Failure to close entrance to enclosure -- Class C misdemeanor -- Damages.

Effective 7/1/2017
4-26-101.
Title -- Failure to close entrance to enclosure -- Class C misdemeanor -- Damages.
(1) This chapter is known as "Enclosures and Fences."
(2) A person who willfully throws down a fence or opens bars or gates into any enclosure other than the person's own enclosure or into any enclosure jointly owned or occupied by such person and others, and leaves the enclosure open:
(a) is guilty of a class C misdemeanor; and
(b) is liable in damage for any injury sustained by any person as a result of such an act.
Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 26 - Enclosures and Fences › Section 102 - Adjoining landowners -- Partition fences -- Contribution.

Effective 7/1/2017
4-26-102.
Adjoining landowners -- Partition fences -- Contribution.
(1) If two or more persons agree to a fence enclosure or to the construction of a partition fence, the cost of construction and maintenance of the fence shall be apportioned between each party to the agreement based upon the amount of land enclosed.
(2) A person who is a party to an agreement described in Subsection (1) and who fails to maintain such person's part of the fence is liable in a civil action for any damage sustained by another party to the agreement as a result of the failure to maintain the fence.
(3)
(a) If a person has enclosed land with a fence and the owner of adjoining land desires to enclose land adjoining the fence so that the existing fence or any part of it will become a partition fence between such tracts of land, the owner of the adjoining land shall, before making the enclosure, pay to the owner of the existing fence one-half of the value of all that part of the fence that will become a partition fence.
(b) If a person whose land is enclosed, in whole or in part, by a partition fence ceases to improve or cultivate that person's land or opens the enclosure, the person:
(i) shall give notice to the other owner of the partition fence and an opportunity to pay for the person's reasonable value of the fence;
(ii) may not remove any part of the partition fence until the earlier of:
(A) 30 days after the day on which the person gave notice to the other owner, as described in Subsection (3)(b)(i); or
(B) the day the other owner pays the person for the person's reasonable value of the fence; and
(iii) notwithstanding Subsection (3)(b)(ii), may not remove the partition fence if the crops enclosed by the fence will be exposed to injury.
Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 26 - Enclosures and Fences › Section 103 - Definitions -- Qualified landowners' and qualified adjoining landowners' partition fences -- Contribution -- Civil action for damages.

4-26-103.
Definitions -- Qualified landowners' and qualified adjoining landowners' partition fences -- Contribution -- Civil action for damages.
(1) As used in this section:
(a) "Qualified adjoining landowner" means a private landowner whose land adjoins the land of a qualified landowner and is used for grazing livestock or as habitat for big game wildlife and:
(i) is land which qualifies under the definition of "conservation easement" as defined in Section 57-18-2, under Title 57, Chapter 18, Land Conservation Easement Act; or
(ii) is "land in agricultural use" that meets the requirements of Section 59-2-502.
(b) "Qualified landowner" means a private landowner whose land is used for grazing livestock and:
(i) is land which qualifies under the definition of "conservation easement" as defined in Section 57-18-2, under Title 57, Chapter 18, Land Conservation Easement Act; or
(ii) is "land in agricultural use" that meets the requirements of Section 59-2-502.
(2) A qualified landowner may require the qualified adjoining landowner to pay for one-half of the cost of the fence if:
(a) the fence is or becomes a partition fence separating the qualified landowner's land from that belonging to the qualified adjoining landowner;
(b) the cost is reasonable for that type of fence;
(c) that type of fence is commonly found in that particular area; and
(d) the construction of the fence is no more expensive than the cost for posts, wire, and connectors.
(3) If the qualified adjoining landowner refuses, the qualified landowner may maintain a civil action against the qualified adjoining landowner for one-half of the cost of that portion of the fence.
(4) The cost of the maintenance of the fence shall also be apportioned between each party based on the amount of land enclosed. A party who fails to maintain that party's part of the fence is also liable in a civil action for any damage sustained by the other party as a result of the failure to maintain the fence.
Renumbered and Amended by Chapter 331, 2012 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 26 - Enclosures and Fences › Section 104 - Fencing for bison.

Effective 7/1/2017
4-26-104.
Fencing for bison.
Perimeter fencing intended to hold bison shall meet the following minimum standards:
(1) fence sections and gates shall:
(a) reach a height of at least eight feet above ground level; and
(b) be constructed in a mesh pattern consisting of:
(i) hi-tensile steel wire of at least 14-1/2 gauge;
(ii) a maximum mesh size of six inches by six inches; or
(iii) a material with the strength equivalent of the material described in Subsections (1)(b)(i) and (ii);
(2) fence posts shall:
(a)
(i) be constructed of treated wood at least four inches in diameter; and
(ii) be constructed of a material with the strength equivalent of the material described in Subsection (2)(a)(i);
(b) reach a height of at least six feet, two inches above ground level;
(c) have at least two feet of length below ground level;
(d) be installed at intervals of no more than 20 feet; and
(e) if located on a corner or connected to a gate, be braced with wood or the strength equivalent of wood; and
(3) fence stays shall:
(a) be constructed of treated wood or steel;
(b) be installed at intervals of no more than 10 feet from any fence post; and
(c) reach a height of at least six feet, two inches above ground level.
Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 30 - Livestock Markets › Section 102 - Definitions.

Effective 7/1/2017
4-30-102.
Definitions.
For the purpose of this chapter:
(1) "Consignor" or "shipper" means any person who consigns, ships, or delivers livestock to a livestock market for storage, handling, or sale.
(2)
(a) "Livestock market" means a public market place consisting of pens or other enclosures where all classes of livestock or poultry are received on consignment and kept for subsequent sale, either through public auction or private sale.
(b) "Livestock market" does not include:
(i) a place used solely for liquidation of livestock by a farmer, dairyman, livestock breeder, or feeder who is going out of such business; or
(ii) a place where an association of livestock breeders or an individual livestock breeder offers registered livestock or breeding sires for sale and assumes all responsibility for the sale, guarantees title to the livestock or sires sold, and arranges with the department for brand inspection of all animals sold.
(3) "Person" means an individual, partnership, corporation, or association.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 30 - Livestock Markets › Section 104 - Department authorized to make and enforce rules.

Effective 7/1/2017
4-30-104.
Department authorized to make and enforce rules.
The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to make and enforce such rules necessary to administer and enforce this chapter.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 30 - Livestock Markets › Section 105 - License required -- Application -- Fee -- Expiration -- Renewal.

Effective 5/12/2020
4-30-105.
License required -- Application -- Fee -- Expiration -- Renewal.
(1)
(a) No person may operate a livestock market in this state without a license issued by the department.
(b) Application for a license shall be made to the department upon forms prescribed and furnished by the department, and the application shall specify:
(i) if the applicant is an individual, the name, address, and date of birth of the applicant; or
(ii) if the applicant is a partnership, corporation, or association, the name, address, and date of birth of each person who has a financial interest in the applicant and the amount of each person's interest;
(iii) a certified statement of the financial assets and liabilities of the applicant detailing:
(A) current assets;
(B) current liabilities;
(C) long-term assets; and
(D) long-term liabilities;
(iv) a legal description of the property where the market is proposed to be located, the property's street address, and a description of the facilities proposed to be used in connection with the property;
(v) a schedule of the charges or fees the applicant proposes to charge for each service rendered; and
(vi) a detailed statement of the trade area proposed to be served by the applicant, the potential benefits which will be derived by the livestock industry, and the specific services the applicant intends to render at the livestock market.
(2)
(a) Upon receipt of a proper application, payment of a license fee in an amount determined by the department pursuant to Subsection 4-2-103(2), the commissioner, if satisfied that the convenience and necessity of the industry and the public will be served, shall issue a license allowing the applicant to operate the livestock market proposed in the application valid through December 31 of the year in which the license is issued, subject to suspension or revocation for cause.
(b) A livestock market license is annually renewable on or before December 31 of each year upon the payment of an annual license renewal fee in an amount determined by the department pursuant to Subsection 4-2-103(2).
(3) No livestock market original or renewal license may be issued until the applicant has provided the department with a certified copy of a surety bond filed with the United States Department of Agriculture as required by the Packers and Stockyards Act, 1921, 7 U.S.C. Section 181 et seq.
Amended by Chapter 154, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 30 - Livestock Markets › Section 106 - Hearing on license application -- Notice of hearing.

Effective 5/3/2023
4-30-106.
Hearing on license application -- Notice of hearing.
(1) Upon the filing of an application, the department may set a time for hearing on the application in the city or town nearest the proposed site of the livestock market and cause notice of the time and place of the hearing together with a copy of the application to be forwarded by mail, not less than 15 days before the hearing date, to the following:
(a) each licensed livestock market operator within the state; and
(b) each livestock or other interested association or group of persons in the state that has filed written notice with the department requesting receipt of notice of such hearings.
(2) Notice of the hearing shall be published for 14 days before the scheduled hearing date, as a class A notice under Section 63G-30-102, for the city or town where the hearing is scheduled.
Amended by Chapter 435, 2023 General Session
Amended by Chapter 528, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 30 - Livestock Markets › Section 107 - Guidelines delineated for decision on application.

Effective 5/12/2020
4-30-107.
Guidelines delineated for decision on application.
(1) The department, in determining whether to approve or deny the application, shall consider:
(a) the applicant's proven or potential ability to comply with the Packers and Stockyards Act, 7 U.S.C. Sec. 221 through 229b;
(b) the financial stability, business integrity, and fiduciary responsibility of the applicant;
(c) the livestock marketing benefits which potentially will be derived from the establishment and operation of the public livestock market proposed;
(d) the need for livestock market services in the trade area proposed;
(e) the adequacy of the livestock market location and facilities proposed in the application, including facilities for health inspection and testing;
(f) whether the operation of the proposed livestock market is likely to be permanent; and
(g) the economic feasibility of the proposed livestock market based on competent evidence.
(2) Any interested person may appear at the hearing on the application and give an opinion or present evidence either for or against granting the application.
Amended by Chapter 154, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 30 - Livestock Markets › Section 108 - Transfer of livestock market license permitted -- Conditions.

Effective 7/1/2017
4-30-108.
Transfer of livestock market license permitted -- Conditions.
(1) No livestock market license is transferable to another person without the prior approval of the commissioner.
(2) A change in the membership of a partnership or association, or the sale or transfer of a 25% or greater interest in the stock ownership of a corporate livestock market shall be considered a transfer of the livestock market license and is subject to the requirements of this section.
(3) Application to allow transfer of a livestock market license shall be made to the department on a form prescribed and furnished by the department.
(4) The commissioner may grant a transfer of the license:
(a) if the proposed transferee meets all the requirements specified for an original license in Section 4-30-105; and
(b) based on the criteria specified in Section 4-30-107.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 30 - Livestock Markets › Section 109 - Financial responsibility.

Effective 7/1/2017
4-30-109.
Financial responsibility.
Each livestock market shall maintain a financial condition of total assets in excess of total liabilities, including total current assets in excess of total current liabilities.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 30 - Livestock Markets › Section 110 - Custodial accounts for trust funds.

Effective 7/1/2017
4-30-110.
Custodial accounts for trust funds.
(1)
(a) Each payment that a livestock buyer makes to a livestock market selling on commission is a trust fund.
(b) Funds deposited into custodial accounts are trust funds.
(2) Each livestock market engaged in selling livestock on a commission or agency basis shall establish and maintain a separate bank account designated as "custodial account for shippers' proceeds," or some similar identifying designation, to disclose that the depositor is acting as a fiduciary and that the funds in the account are trust funds.
(3)
(a) The livestock market shall deposit into its custodial account before the close of the next business day after the livestock is sold:
(i) the proceeds that have been collected from the sale of the livestock; and
(ii) an amount equal to the proceeds receivable from the sale of livestock that are due from:
(A) the livestock market;
(B) any owner, officer, or employee of the livestock market; and
(C) any buyer to whom the livestock market has extended credit.
(b) The livestock market shall thereafter deposit into the custodial account all proceeds collected until the account has been reimbursed in full and shall, before the close of the seventh day following the sale of livestock, deposit an amount equal to all the remaining proceeds receivable regardless of whether the proceeds have been collected by the livestock market.
(4) The custodial account shall be drawn on only:
(a) for payment of the net proceeds to the consignor or shipper, or to any person that the livestock market knows is entitled to payment;
(b) to pay lawful charges against the consignment of livestock which the market agency shall, in its capacity as agent, be required to pay; and
(c) to obtain any sums due the livestock market as compensation for its services.
(5)
(a) Each livestock market shall keep accounts and records that will disclose at all times the handling of funds in the custodial account.
(b) Accounts and records shall at all times disclose the name of the consignors and the amount due and payable to each from funds in the custodial account.
(6) The custodial account shall be established and maintained in a bank whose deposits are insured by the Federal Deposit Insurance Corporation.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 30 - Livestock Markets › Section 111 - Weighman license required -- Application -- Fee -- Bond -- Expiration -- Renewal.

Effective 7/1/2017
4-30-111.
Weighman license required -- Application -- Fee -- Bond -- Expiration -- Renewal.
(1)
(a) No person may act as a weighman at a livestock market without a license from the department.
(b) Application for a weighman's license shall be made to the department upon forms prescribed and furnished by the department.
(c) Upon receipt of a proper application, payment of a license fee in an amount determined by the department pursuant to Subsection 4-2-103(2), and deposit of either a corporate surety bond or trust fund agreement with the department in the principal amount of $1,000, the commissioner shall issue a license allowing the applicant to act as a weighman through December 31 of the year in which the license is issued, subject to suspension or revocation for cause.
(d) A weighman's license is annually renewable on or before December 31 of each year upon the payment of an annual license renewal fee in an amount determined by the department pursuant to Subsection 4-2-103(2).
(2)
(a) Each weighman's surety bond shall be written by a surety licensed under the laws of Utah and name the state, as obligee, for the use and benefit of persons who consign livestock to a livestock market.
(b) The bond shall further be conditioned for the faithful and accurate weighing of livestock consigned to a livestock market and for the payment of court costs and reasonable attorney fees to the prevailing party incident to any suit brought upon the bond.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 30 - Livestock Markets › Section 112 - Suspension or revocation of license -- Grounds.

Effective 7/1/2017
4-30-112.
Suspension or revocation of license -- Grounds.
The department is authorized to suspend or revoke the license of any livestock market or livestock market weighman who:
(1) violates any provision of this chapter or any rule made under this chapter; or
(2) engages in any fraudulent or deceitful activity.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 31 - Control of Animal Disease › Section 102 - Dead domestic animals -- Duty of owner to bury or otherwise dispose of them -- Liability for costs.

Effective 5/10/2016
4-31-102.
Dead domestic animals -- Duty of owner to bury or otherwise dispose of them -- Liability for costs.
(1) An owner or other person responsible for a domestic animal that dies shall bury or dispose of the animal within a reasonable period of time after the owner or other person responsible for the animal becomes aware that the animal is dead.
(2) The owner of a dead bovine, horse, mule, goat, sheep, bird, or swine may bury the dead animal on the owner's property.
(3) If the owner or other person responsible for the dead animal cannot be found the county, city, or town within which the dead animal is found, shall, at the political subdivision's expense, bury the dead animal.
(4) A county, city, or town that incurs expense under this section is entitled to reimbursement from the owner of the dead animal.
Amended by Chapter 30, 2016 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 31 - Control of Animal Disease › Section 103 - Dead animals -- Deposit on another's land prohibited.

4-31-103.
Dead animals -- Deposit on another's land prohibited.
A person may not deposit a dead animal upon the land of another person without the landowner's consent.
Renumbered and Amended by Chapter 331, 2012 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 31 - Control of Animal Disease › Section 105 - Outbreak of contagious or infectious disease -- Assistance of federal authorities.

Effective 7/1/2017
4-31-105.
Outbreak of contagious or infectious disease -- Assistance of federal authorities.
If there is an outbreak of contagious or infectious disease among domestic animals in this state that imperils livestock, the commissioner may request the assistance of the United States Department of Agriculture, Animal and Plant Health Inspection Service, in preventing the spread of the disease to other states.
Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 31 - Control of Animal Disease › Section 106 - Epidemic of contagious or infectious disease -- Condemnation or destruction of infected or exposed livestock -- Destruction of other property.

Effective 7/1/2017
4-31-106.
Epidemic of contagious or infectious disease -- Condemnation or destruction of infected or exposed livestock -- Destruction of other property.
(1) If there is an outbreak of contagious or infectious foreign animal disease of epidemic proportion among domestic animals in this state that imperils livestock, the commissioner, with approval of the governor, may condemn, destroy, or dispose of any infected livestock or any livestock exposed to the disease or considered by the commissioner capable of communicating the disease to other domestic animals.
(2) The commissioner may, with gubernatorial approval, condemn and destroy any barns, sheds, corrals, pens, or other property necessary to prevent the spread of contagion or infection.
Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 31 - Control of Animal Disease › Section 107 - Appraisal of fair market value before destruction.

Effective 7/1/2017
4-31-107.
Appraisal of fair market value before destruction.
(1) Before any livestock or property is destroyed under Section 4-31-106, an appraisal of the fair market value of the livestock or other property shall be forwarded to the commissioner by a panel of three qualified appraisers appointed as follows:
(a) one by the commissioner;
(b) one by the owner of the livestock or other property subject to condemnation; and
(c) one by the appraisers specified in Subsections (1)(a) and (b).
(2) After review, the commissioner shall forward the appraisal to the board of examiners described in Subsection 63G-9-201(2) together with the commissioner's recommendation concerning the amount, if any, that should be allowed.
(3) Any costs incurred in the appraisal shall be paid by the state.
Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 31 - Control of Animal Disease › Section 108 - Euthanasia for postmortem examination.

Effective 7/1/2017
4-31-108.
Euthanasia for postmortem examination.
The commissioner may order the euthanasia and postmortem examination of a diseased domestic animal if the exact nature of the animal's disease is not readily determined through other means.
Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 31 - Control of Animal Disease › Section 109 - Department authorized to make and enforce rules concerning brucellosis, trichomoniasis, tuberculosis, and other infectious diseases in livestock.

Effective 5/12/2015
4-31-109.
Department authorized to make and enforce rules concerning brucellosis, trichomoniasis, tuberculosis, and other infectious diseases in livestock.
(1) The department may:
(a) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to control and eradicate brucellosis, trichomoniasis, tuberculosis, and other infectious diseases in livestock; and
(b) enforce the rules described in Subsection (1)(a).
(2) The department shall, in making the rules described in Subsection (1)(a), protect against negative impact on the interstate or intrastate commerce of livestock that is transferred, sold, or exhibited.
Amended by Chapter 414, 2015 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 31 - Control of Animal Disease › Section 109.1 - Trichomoniasis fines.

Effective 7/1/2017
4-31-109.1.
Trichomoniasis fines.
(1) A person who knowingly sells a bull infected with trichomoniasis, other than to slaughter, without declaring the disease status of the animal shall be subject to citation and fines as prescribed by the department or may be called to appear before an administrative proceeding by the department, as established by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and Section 4-31-109.
(2) After May 15 of each calendar year, an owner of a bull that has not been tested for trichomoniasis may be fined $1,000 per bull.
(3) An owner of a bull that has not been tested for trichomoniasis and that has been exposed to female cattle may be fined $1,000 per animal regardless of the time of year.
Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 31 - Control of Animal Disease › Section 110 - Dairy cattle subject to inspection for disease.

4-31-110.
Dairy cattle subject to inspection for disease.
The department may inspect a dairy animal in the state for tuberculosis or other infectious or contagious disease at a reasonable time and place.
Renumbered and Amended by Chapter 331, 2012 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 31 - Control of Animal Disease › Section 111 - Imported animals -- Health certificate.

4-31-111.
Imported animals -- Health certificate.
Except as provided by rule made by the department, a person may not import an animal into this state unless the animal is accompanied by a health certificate that:
(1) meets the requirements of department rules; and
(2) is issued by a federally accredited veterinarian.
Renumbered and Amended by Chapter 331, 2012 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 31 - Control of Animal Disease › Section 113 - Restrictions on movement of infected or exposed animals.

Effective 7/1/2017
4-31-113.
Restrictions on movement of infected or exposed animals.
(1) A person who owns or has possession of an animal and knows that the animal is infected with, or has been exposed to, any contagious or infectious disease may not:
(a) permit the animal to run at large or come in contact with an animal that can be infected; or
(b) sell, ship, trade, or give away the infected animal without disclosing that the animal is diseased or has been exposed to disease.
(2) A person who violates Subsection (1) is liable to the owner or occupant of the premises for any damage inflicted by an infected animal.
(3) The provisions of this section do not apply to protected wildlife that is:
(a) living in nature; and
(b) under the jurisdiction of the Division of Wildlife Resources.
Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 31 - Control of Animal Disease › Section 114 - Report of vesicular disease.

Effective 7/1/2017
4-31-114.
Report of vesicular disease.
(1) A person who identifies symptoms of vesicular disease in livestock shall immediately report it to the department.
(2) Failure of a veterinarian licensed in this state to report to the department a diagnosed case of vesicular disease constitutes ground for the revocation of such veterinarian's license.
(3) Failure by an owner of livestock to report symptoms of vesicular disease among the owner's livestock constitutes forfeiture of the right to claim an indemnity for an animal euthanized on account of the disease.
Amended by Chapter 345, 2017 General Session