reglab/statecodes huggingface dataset:
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 7 - Independent Cannabis Testing Laboratories › Section 702 - Reporting -- Inspections -- Seizure by the department.

Effective 3/17/2021
4-41a-702.
Reporting -- Inspections -- Seizure by the department.
(1) If an independent cannabis testing laboratory determines that the results of a lab test indicate that a cannabis or cannabis product batch may be unsafe for human use:
(a) the independent cannabis testing laboratory shall report the results and the cannabis or cannabis product batch to:
(i) the department; and
(ii) the cannabis production establishment that prepared the cannabis or cannabis product batch;
(b) the department shall place a hold on the cannabis or cannabis product batch to:
(i) investigate the cause of the defective batch; and
(ii) make a determination; and
(c) the cannabis production establishment that prepared the cannabis or cannabis product batch may appeal the determination described in Subsection (1)(b)(ii) to the department.
(2) If the department determines, under Subsection (1)(b)(ii) or following an appeal under Subsection (1)(c), that a cannabis or cannabis product prepared by a cannabis production establishment is unsafe for human consumption, the department may seize, embargo, or destroy, in the same manner as a cannabis production establishment under Section 4-41a-405, the cannabis or cannabis product batch.
(3) If an independent cannabis testing laboratory determines that the results of a lab test indicate that the cannabinoid content of a cannabis or cannabis product batch diverges more than 10% from the amounts the label indicates, the cannabis processing facility may not sell the cannabis or cannabis product batch unless the facility replaces the incorrect label with a label that correctly indicates the cannabinoid content.
Amended by Chapter 350, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 8 - Enforcement and Report › Section 802 - Report.

Effective 5/3/2023
4-41a-802.
Report.
(1) At or before the November interim meeting each year, the department shall report to the Health and Human Services Interim Committee on:
(a) the number of applications and renewal applications that the department receives under this chapter;
(b) the number of each type of cannabis production facility that the department licenses in each county;
(c) the amount of cannabis that licensees grow;
(d) the amount of cannabis that licensees manufacture into cannabis products;
(e) the number of licenses the department revokes under this chapter;
(f) the department's operation of an independent cannabis testing laboratory under Section 4-41a-201, including:
(i) the cannabis and cannabis products the department tested; and
(ii) the results of the tests the department performed; and
(g) the expenses incurred and revenues generated under this chapter.
(2) The department may not include personally identifying information in the report described in this section.
(3) The department shall report to the working group described in Section 36-12-8.2 as requested by the working group.
Amended by Chapter 273, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 9 - Academic Medical Cannabis Research › Section 901 - Academic medical cannabis research -- License.

Effective 3/17/2021
4-41a-901.
Academic medical cannabis research -- License.
(1) A medical cannabis research licensee may, subject to department rules described in Subsection (4), obtain from a cannabis production establishment or a medical cannabis pharmacy, and possess cannabis for academic medical cannabis research.
(2) The department shall license a research university to obtain and possess cannabis for the purpose of academic medical cannabis research if the research university submits to the department:
(a) the location where the research university intends to conduct the research;
(b) the research university's research plan; and
(c) the name of the principal investigator of the research university who will:
(i) supervise the procurement, possession, and security of cannabis and cannabis product; and
(ii) oversee the academic research.
(3) The department shall maintain a list of each medical cannabis research licensee.
(4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(a) establish requirements for a licensee to:
(i) participate in academic medical cannabis research;
(ii) obtain from a cannabis production establishment, and possess, cannabis for academic medical cannabis research; and
(b) set sampling and testing procedures.
(5) A medical cannabis research licensee shall provide to the department written consent allowing a representative of the department and local law enforcement to enter all premises where the licensee possesses or stores cannabis for the purpose of:
(a) conducting a physical inspection; or
(b) ensuring compliance with the requirements of this chapter.
(6) An individual who has been convicted of a drug related felony within the last 10 years may not obtain, possess, or conduct any research on cannabis under a medical cannabis research licensee's license under this part.
(7) The department may set a fee, in accordance with Subsection 4-2-103(2), for the application for a medical cannabis research license.
Amended by Chapter 350, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 9 - Academic Medical Cannabis Research › Section 902 - Cannabis production establishment product for academic research.

Effective 9/23/2019
4-41a-902.
Cannabis production establishment product for academic research.
A cannabis production establishment may sell cannabis and cannabis products to a medical cannabis research licensee for the purpose of academic research.
Enacted by Chapter 5, 2019 Special Session 1
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 9 - Academic Medical Cannabis Research › Section 903 - Unlawful acts.

Effective 9/23/2019
4-41a-903.
Unlawful acts.
(1) It is unlawful for a person who is not operating under the license of a medical cannabis research licensee to obtain or possess cannabis for academic medical cannabis research.
(2) It is unlawful for a cannabis production establishment to offer, sell, or otherwise provide cannabis or cannabis products for the purpose of academic research to an entity that is not a medical cannabis research licensee.
(3) The department may seize from a medical cannabis research licensee and destroy cannabis or cannabis products that do not comply with this chapter.
Enacted by Chapter 5, 2019 Special Session 1
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 10 - Medical Cannabis Pharmacy License › Section 1002 - Medical cannabis pharmacy owners and directors -- Criminal background checks.

Effective 7/1/2023
4-41a-1002.
Medical cannabis pharmacy owners and directors -- Criminal background checks.
(1) Each applicant to whom the department issues a notice of intent to award a license to operate as a medical cannabis pharmacy shall submit, before the department may award the license, from each individual who has a financial or voting interest of 10% or greater in the applicant or who has the power to direct or cause the management or control of the applicant:
(a) a fingerprint card in a form acceptable to the Department of Public Safety;
(b) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the registration of the individual's fingerprints in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service; and
(c) consent to a fingerprint background check by:
(i) the Bureau of Criminal Identification; and
(ii) the Federal Bureau of Investigation.
(2) The Bureau of Criminal Identification shall:
(a) check the fingerprints the applicant submits under Subsection (1) against the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System;
(b) report the results of the background check to the department;
(c) maintain a separate file of fingerprints that applicants submit under Subsection (1) for search by future submissions to the local and regional criminal records databases, including latent prints;
(d) request that the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; and
(e) establish a privacy risk mitigation strategy to ensure that the department only receives notifications for an individual with whom the department maintains an authorizing relationship.
(3) The department shall:
(a) assess an individual who submits fingerprints under Subsection (1) a fee in an amount that the department sets in accordance with Section 63J-1-504 for the services that the Bureau of Criminal Identification or another authorized agency provides under this section; and
(b) remit the fee described in Subsection (3)(a) to the Bureau of Criminal Identification.
Renumbered and Amended by Chapter 273, 2023 General Session
Renumbered and Amended by Chapter 307, 2023 General Session
Amended by Chapter 307, 2023 General Session, (Coordination Clause)
Amended by Chapter 317, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 10 - Medical Cannabis Pharmacy License › Section 1003 - Renewal

Effective 7/1/2023
4-41a-1003.
Renewal - Notice of available license.
(1) The department shall renew a license under Sections 4-41a-1001 through 4-41a-1005 every year if, at the time of renewal:
(a) the licensee meets the requirements of Section 4-41a-1001;
(b) the licensee pays the department a license renewal fee in an amount that, subject to Subsection 4-41a-1004(5), the department sets in accordance with Section 63J-1-504; and
(c) if the medical cannabis pharmacy changes the operating plan described in Section 4-41a-1004 that the department approved under Subsection 4-41a-1001(2)(b)(iv), the department approves the new operating plan.
(2)
(a) If a licensed medical cannabis pharmacy abandons the medical cannabis pharmacy's license, the department shall publish notice of an available license , for the geographic area in which the medical cannabis pharmacy license is available, as a class A notice under Section 63G-30-102, for at least seven days.
(b) The department may establish criteria, in collaboration with the Division of Professional Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to identify the medical cannabis pharmacy actions that constitute abandonment of a medical cannabis pharmacy license.
(3) If the department has not completed the necessary processes to make a determination on a license renewal under Subsections (1)(a) and (c) before the expiration of a license, the department may issue a conditional medical cannabis pharmacy license to a licensed medical cannabis pharmacy that has applied for license renewal under this section and paid the fee described in Subsection (1)(b).
Renumbered and Amended by Chapter 273, 2023 General Session
Renumbered and Amended by Chapter 307, 2023 General Session
Amended by Chapter 307, 2023 General Session, (Coordination Clause)
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 10 - Medical Cannabis Pharmacy License › Section 1004 - Operating plan.

Effective 7/1/2023
4-41a-1004.
Operating plan.
A person applying for a medical cannabis pharmacy license shall submit to the department a proposed operation plan for the medical cannabis pharmacy that includes:
(1) a description of the physical characteristics of the proposed facility, including a floor plan and an architectural elevation;
(2) a description of the credentials and experience of:
(a) each officer, director, or owner of the proposed medical cannabis pharmacy; and
(b) any highly skilled or experienced prospective employee;
(3) the medical cannabis pharmacy's employee training standards;
(4) a security plan;
(5) a description of the medical cannabis pharmacy's inventory control system, including a plan to make the inventory control system compatible with the state electronic verification system;
(6) storage protocols, both short- and long-term, to ensure that cannabis is stored in a manner that is sanitary and preserves the integrity of the cannabis; and
(7) a description of the proposed medical cannabis pharmacy's strategic plan for opening the medical cannabis pharmacy, including gauging appropriate timing based on:
(a) the supply of medical cannabis and medical cannabis products, in consultation with the department; and
(b) the quantity and condition of the population of medical cannabis cardholders, in consultation with the Department of Health and Human Services.
Renumbered and Amended by Chapter 273, 2023 General Session
Renumbered and Amended by Chapter 307, 2023 General Session
Amended by Chapter 307, 2023 General Session, (Coordination Clause)
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 11 - Medical Cannabis Pharmacy Operation and Agents › Section 1105 - Local control.

Effective 7/1/2023
4-41a-1105.
Local control.
(1) The operation of a medical cannabis pharmacy:
(a) shall be a permitted use:
(i) in any zone, overlay, or district within the municipality or county except for a primarily residential zone; and
(ii) on land that the municipality or county has not zoned; and
(b) is subject to the land use regulations, as defined in Sections 10-9a-103 and 17-27a-103, that apply in the underlying zone.
(2) A municipality or county may not:
(a) on the sole basis that the applicant or medical cannabis pharmacy violates federal law regarding the legal status of cannabis, deny or revoke:
(i) a land use permit, as that term is defined in Sections 10-9a-103 and 17-27a-103, to operate a medical cannabis pharmacy; or
(ii) a business license to operate a medical cannabis pharmacy;
(b) require a certain distance between a medical cannabis pharmacy and:
(i) another medical cannabis pharmacy;
(ii) a cannabis production establishment;
(iii) a retail tobacco specialty business, as that term is defined in Section 26B-7-506; or
(iv) an outlet, as that term is defined in Section 32B-1-202; or
(c) in accordance with Subsections 10-9a-509(1) and 17-27a-508(1), enforce a land use regulation against a medical cannabis pharmacy that was not in effect on the day on which the medical cannabis pharmacy submitted a complete land use application.
(3)
(a) A municipality or county may enact an ordinance that:
(i) is not in conflict with this chapter; and
(ii) governs the time, place, or manner of medical cannabis pharmacy operations in the municipality or county.
(b) An ordinance that a municipality or county enacts under Subsection (3)(a) may not restrict the hours of operation from 7 a.m. to 10 p.m.
(4) An applicant for a land use permit to operate a medical cannabis pharmacy shall comply with the land use requirements and application process described in:
(a)Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act, including Section 10-9a-528; and
(b)Title 17, Chapter 27a, County Land Use, Development, and Management Act, including Section 17-27a-525.
Renumbered and Amended by Chapter 273, 2023 General Session
Renumbered and Amended by Chapter 307, 2023 General Session
Amended by Chapter 307, 2023 General Session, (Coordination Clause)
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 11 - Medical Cannabis Pharmacy Operation and Agents › Section 1107 - Medical cannabis pharmacy agent registration card -- Rebuttable presumption.

Effective 7/1/2023
4-41a-1107.
Medical cannabis pharmacy agent registration card -- Rebuttable presumption.
(1) A medical cannabis pharmacy agent shall carry the individual's medical cannabis pharmacy agent registration card with the individual at all times when:
(a) the individual is on the premises of a medical cannabis pharmacy; and
(b) the individual is transporting cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device between a cannabis production establishment and a medical cannabis pharmacy.
(2) If an individual handling, at a medical cannabis pharmacy, cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device or transporting cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device, possesses the cannabis, cannabis product, or medical cannabis device in compliance with Subsection (1):
(a) there is a rebuttable presumption that the individual possesses the cannabis, cannabis product, or medical cannabis device legally; and
(b) there is no probable cause, based solely on the individual's possession of the cannabis in medicinal dosage form, cannabis product in medicinal dosage form, or medical cannabis device in compliance with Subsection (1), that the individual is engaging in illegal activity.
(3)
(a) A medical cannabis pharmacy agent who fails to carry the agent's medical cannabis pharmacy agent registration card in accordance with Subsection (1) is:
(i) for a first or second offense in a two-year period:
(A) guilty of an infraction; and
(B) is subject to a $100 fine; or
(ii) for a third or subsequent offense in a two-year period:
(A) guilty of a class C misdemeanor; and
(B) subject to a $750 fine.
(b)
(i) The prosecuting entity shall notify the department and the relevant medical cannabis pharmacy of each conviction under Subsection (3)(a).
(ii) For each violation described in Subsection (3)(a)(ii), the department may assess the relevant medical cannabis pharmacy a fine of up to $5,000, in accordance with a fine schedule that the department establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c) An individual who is guilty of a violation described in Subsection (3)(a) is not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct underlying the violation described in Subsection (3)(a).
Renumbered and Amended by Chapter 273, 2023 General Session
Amended by Chapter 307, 2023 General Session, (Coordination Clause)
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 12 - Medical Cannabis Home Delivery and Couriers › Section 1201 - Medical cannabis home delivery designation.

Effective 7/1/2023
4-41a-1201.
Medical cannabis home delivery designation.
(1) The department may designate a medical cannabis pharmacy as a home delivery medical cannabis pharmacy if the department determines that the medical cannabis pharmacy's operating plan demonstrates the functional and technical ability to:
(a) safely conduct transactions for medical cannabis shipments;
(b) accept electronic medical cannabis orders that the state central patient portal facilitates; and
(c) accept payments through:
(i) a payment provider that the Division of Finance approves, in consultation with the state treasurer, in accordance with Section 26-61a-603; or
(ii) a financial institution in accordance with Subsection 26-61a-603(4).
(2) An applicant seeking a designation as a home delivery medical cannabis pharmacy shall identify in the applicant's operating plan any information relevant to the department's evaluation described in Subsection (1), including:
(a) the name and contact information of the payment provider;
(b) the nature of the relationship between the prospective licensee and the payment provider;
(c) the processes of the following to safely and reliably conduct transactions for medical cannabis shipments:
(i) the prospective licensee; and
(ii) the electronic payment provider or the financial institution described in Subsection (1)(c); and
(d) the ability of the licensee to comply with the department's rules regarding the secure transportation and delivery of medical cannabis or medical cannabis product to a medical cannabis cardholder.
(3) Notwithstanding any county or municipal ordinance, a medical cannabis pharmacy that the department designates as a home delivery medical cannabis pharmacy may deliver medical cannabis shipments in accordance with this part.
Enacted by Chapter 273, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 41a - Cannabis Production Establishments and Pharmacies › Part 12 - Medical Cannabis Home Delivery and Couriers › Section 1203 - Medical cannabis shipment transportation.

Effective 7/1/2023
4-41a-1203.
Medical cannabis shipment transportation.
(1) The department shall ensure that each home delivery medical cannabis pharmacy is capable of delivering, directly or through a medical cannabis courier, medical cannabis shipments in a secure manner.
(2)
(a) A home delivery medical cannabis pharmacy may contract with a licensed medical cannabis courier to deliver medical cannabis shipments to fulfill electronic medical cannabis orders that the state central patient portal facilitates.
(b) If a home delivery medical cannabis pharmacy enters into a contract described in Subsection (2)(a), the pharmacy shall:
(i) impose security and personnel requirements on the medical cannabis courier sufficient to ensure the security and safety of medical cannabis shipments; and
(ii) provide regular oversight of the medical cannabis courier.
(3) Notwithstanding Subsection 4-41a-404(1), an individual may transport a medical cannabis shipment if the individual is:
(a) a registered pharmacy medical provider;
(b) a registered medical cannabis pharmacy agent; or
(c) a registered agent of the medical cannabis courier described in Subsection (2).
(4) An individual transporting a medical cannabis shipment under Subsection (3) shall comply with the requirements of Subsection 4-41a-404(3).
(5) In addition to the requirements in Subsections (3) and (4), the department may establish by rule, in collaboration with the Division of Professional Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, requirements for transporting medical cannabis shipments that are related to safety for human consumption of cannabis or a cannabis product.
(6)
(a) It is unlawful for an individual to transport a medical cannabis shipment with a manifest that does not meet the requirements of Subsection (4).
(b) Except as provided in Subsection (6)(d), an individual who violates Subsection (6)(a) is:
(i) guilty of an infraction; and
(ii) subject to a $100 fine.
(c) An individual who is guilty of a violation described in Subsection (6)(b) is not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct underlying the violation described in Subsection (6)(b).
(d) If the individual described in Subsection (6)(a) is transporting more cannabis, cannabis product, or medical cannabis devices than the manifest identifies, except for a de minimis administrative error:
(i) this chapter does not apply; and
(ii) the individual is subject to penalties under Title 58, Chapter 37, Utah Controlled Substances Act.
Renumbered and Amended by Chapter 273, 2023 General Session
Amended by Chapter 307, 2023 General Session, (Coordination Clause)
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 44 - Agricultural Operations Nuisances Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/14/2019
4-44-102.
Definitions.
As used in this chapter:
(1)
(a) "Agricultural operation" means an activity engaged in the production for commercial purposes of crops, orchards, livestock, poultry, aquaculture, livestock products, or poultry products and the facilities, equipment, and property used to facilitate the activity.
(b) "Agricultural operation" includes an agricultural protection area established under Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas.
(2) "Fundamental change to the operation" does not include:
(a) a change in ownership or size;
(b) an interruption of farming for a period of no more than three years;
(c) participation in a government-sponsored agricultural program;
(d) employment of new technology; or
(e) a change in the type of agricultural product produced.
(3) "Nuisance" means anything that is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.
Enacted by Chapter 81, 2019 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 44 - Agricultural Operations Nuisances Act › Part 2 - Nuisance Actions › Section 201 - Defenses in nuisance actions.

Effective 5/14/2019
4-44-201.
Defenses in nuisance actions.
(1) It is a defense in a civil action for nuisance against an agricultural operation that:
(a) the plaintiff is not a legal possessor of the real property affected by the conditions alleged to be the nuisance;
(b) the real property affected by the conditions alleged to be the nuisance is located outside one-half mile of the source of the activity or structure alleged to be the nuisance; or
(c) the action is filed more than one year after:
(i) the establishment of the agricultural operation; or
(ii) the agricultural operation undergoes a fundamental change.
(2) This section may not be construed to invalidate any contract made before May 14, 2019.
(3) In a nuisance action against an agricultural operation, the court shall award costs and expenses, including reasonable attorney fees, to:
(a) the agricultural operation when the court finds the agricultural operation is not a nuisance and the nuisance action is frivolous or malicious; or
(b) the plaintiff when the court finds the agricultural operation is a nuisance and the agricultural operation asserts an affirmative defense in the nuisance action that is frivolous and malicious.
(4) A person who knowingly violates a judgment or order abating or otherwise enjoining a nuisance is guilty of a class B misdemeanor.
Enacted by Chapter 81, 2019 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 44 - Agricultural Operations Nuisances Act › Part 2 - Nuisance Actions › Section 202 - Application of other statutes -- Ordinances.

Effective 5/14/2019
4-44-202.
Application of other statutes -- Ordinances.
(1)
(a) In a civil action for nuisance or a criminal action for public nuisance under Section 76-10-803, it is a defense if the action involves agricultural operations and those agricultural operations are conducted in the normal and ordinary course of agricultural operations or conducted in accordance with sound agricultural practices.
(b) Agricultural operations undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, are presumed to be operating within sound agricultural practices.
(2) If the agricultural operations occur in an agricultural protection area, as defined in Section 17-41-101, Section 17-41-403 governs the action for nuisance.
(3)
(a) An ordinance of a political subdivision that would make the operation of an agricultural operation or appurtenances to an agricultural operation a nuisance or that provide for abatement of the agricultural operation as a nuisance does not apply to an agricultural operation that is conducted in the normal and ordinary course of agricultural operations or conducted in accordance with sound agricultural practices.
(b) An agricultural operation undertaken in conformity with federal, state, and local laws and regulations, including zoning ordinances, are presumed to be operating within sound agricultural practices.
Enacted by Chapter 81, 2019 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 45 - Kratom Consumer Protection Act › Section 102 - Definitions.

Effective 5/14/2019
4-45-102.
Definitions.
As used in this chapter:
(1) "Commissioner" means the commissioner of the department.
(2) "Department" means the Department of Agriculture and Food created in Section 4-2-102.
(3) "Food" means:
(a) an article used for food or drink for human or animal consumption or the components of the article;
(b) chewing gum or chewing gum components; or
(c) a food supplement for special dietary use that is necessitated because of a physical, physiological, pathological, or other condition.
(4) "Kratom processor" means a person who:
(a) sells, prepares, or maintains a kratom product; or
(b) advertises, represents, or holds oneself out as selling, preparing, or maintaining a kratom product.
(5) "Kratom product" mean food containing any part of a leaf of the plant Mitragyna speciosa.
Enacted by Chapter 329, 2019 General Session
Technically renumbered for proper placement in chapter.
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 45 - Kratom Consumer Protection Act › Section 103 - Factual basis for claim as kratom product required -- Administrative penalty -- Request for hearing.

Effective 5/14/2019
4-45-103.
Factual basis for claim as kratom product required -- Administrative penalty -- Request for hearing.
(1) A kratom processor shall disclose on the product label of each kratom product that the kratom processor prepares, distributes, sells, or offers for sale the factual basis upon which the kratom processor represents the food as a kratom product.
(2) For a violation of Subsection (1), a kratom processor is subject to an administrative fine of:
(a) up to $500 for the first offense; and
(b) up to $1,000 for a second or subsequent offense.
(3) Upon the request of a kratom processor fined under this section, the commissioner shall conduct a hearing in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
Enacted by Chapter 329, 2019 General Session
Technically renumbered for proper placement in chapter.
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 45 - Kratom Consumer Protection Act › Section 104 - Kratom processor requirements -- Criminal penalty.

Effective 5/14/2019
4-45-104.
Kratom processor requirements -- Criminal penalty.
(1) A kratom processor may not prepare, distribute, sell, or offer for sale a kratom product:
(a) that is mixed or packed with a nonkratom substance that affects the quality or strength of the kratom product to such a degree as to render the kratom product injurious to a consumer;
(b) that contains a poisonous or otherwise deleterious nonkratom ingredient, including a controlled substance as defined in Section 58-37-2;
(c) containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2% of the alkaloid composition of the kratom product;
(d) containing a synthetic alkaloid, including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compound of the kratom plant; or
(e) that does not include a product label on the kratom product packaging that states the amount of mitragynine and 7-hydroxymitragynine contained in the packaged kratom product.
(2) A kratom processor who violates Subsection (1) is guilty of a class C misdemeanor for each violation.
(3) A kratom processor does not violate Subsection (1) if the kratom processor shows by a preponderance of the evidence that the kratom processor relied in good faith upon the representation of a manufacturer, processor, packer, or distributor of food represented to be a kratom product.
(4) A kratom processor may not prepare, distribute, sell, or offer for sale a kratom product that is not registered with the department in accordance with this chapter.
(5) A kratom processor shall register as a food establishment in accordance with Section 4-5-301.
Enacted by Chapter 329, 2019 General Session
Technically renumbered for proper placement in chapter.
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 45 - Kratom Consumer Protection Act › Section 105 - Prohibition on sale to minors -- Criminal penalty.

Effective 5/14/2019
4-45-105.
Prohibition on sale to minors -- Criminal penalty.
(1) A kratom processor may not distribute, sell, or offer for sale a kratom product to an individual under 18 years of age.
(2) A kratom processor who violates this section is guilty of a class C misdemeanor for each violation.
Enacted by Chapter 329, 2019 General Session
Technically renumbered for proper placement in chapter.
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 45 - Kratom Consumer Protection Act › Section 106 - Civil action available.

Effective 5/14/2019
4-45-106.
Civil action available.
In addition to and distinct from any other remedy at law, an individual may bring a civil action, in a competent court of jurisdiction, for damages resulting from a violation of this chapter, including economic, noneconomic, or consequential damages.
Enacted by Chapter 329, 2019 General Session
Technically renumbered for proper placement in chapter.
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 45 - Kratom Consumer Protection Act › Section 107 - Rulemaking.

Effective 5/14/2019
4-45-107.
Rulemaking.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules for the administration and enforcement of this chapter.
(2) The rules described in Subsection (1) shall include standards for a registered kratom product, including standards for:
(a) testing to ensure the product is safe for human consumption;
(b) accurate labeling; and
(c) any other issue the department considers necessary.
Enacted by Chapter 329, 2019 General Session
Technically renumbered for proper placement in chapter.
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 45 - Kratom Consumer Protection Act › Section 108 - Registration of kratom products -- Department duties.

Effective 5/14/2019
4-45-108.
Registration of kratom products -- Department duties.
(1) The department shall set a fee to register a kratom product, in accordance with Section 4-2-103.
(2) The fee described in Subsection (1) may be paid by a producer, manufacturer, or distributor of a kratom product, but a kratom product may not be registered with the department until the fee is paid.
(3) The department shall:
(a) set an administrative fine, larger than the fee described in Subsection (1), for a person who sells a kratom product that is not registered with the department; and
(b) assess the fine described in Subsection (3)(a) against any person who offers an unregistered kratom product for sale in this state.
(4) The department may seize and destroy any unregistered kratom product offered for sale in this state.
Enacted by Chapter 329, 2019 General Session
Technically renumbered for proper placement in chapter.
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 46 - Conservation Coordination Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/3/2023
4-46-102.
Definitions.
As used in this chapter:
(1) "Agricultural land" means "land in agricultural use," as defined in Section 59-2-502.
(2) "Board" means the Land Conservation Board established in Section 4-46-201.
(3) "Conservation commission" means the Conservation Commission created in Section 4-18-104.
(4) "Conservation district" means a limited purpose local government entity created under Title 17D, Chapter 3, Conservation District Act.
(5) "Director" means the director of the Division of Conservation.
(6) "Division" means the Division of Conservation created in Section 4-46-401.
(7) "Fund" means the LeRay McAllister Working Farm and Ranch Fund created in Section 4-46-301.
(8) "Land use authority" means:
(a) a land use authority, as defined in Section 10-9a-103, of a municipality; or
(b) a land use authority, as defined in Section 17-27a-103, of a county.
(9) "Local entity" means a county, city, or town.
(10)
(a) "Open land" means land that is:
(i) preserved in or restored to a predominantly natural, open, and undeveloped condition; and
(ii) used for:
(A) wildlife habitat;
(B) cultural or recreational use;
(C) watershed protection; or
(D) another use consistent with the preservation of the land in, or restoration of the land to, a predominantly natural, open, and undeveloped condition.
(b) "Open land" includes land described in Subsection (10)(a) that contains facilities, including trails, waterways, and grassy areas, that:
(i) enhance the natural, scenic, or aesthetic qualities of the land; or
(ii) facilitate the public's access to or use of the land for the enjoyment of the land's natural, scenic, or aesthetic qualities and for compatible recreational activities.
(c) "Open land" does not include land whose predominant use is as a developed facility for active recreational activities, including baseball, tennis, soccer, golf, or other sporting or similar activities.
(11)
(a) "State conservation efforts" includes:
(i) efforts to optimize and preserve the uses of land for the benefit of the state's agricultural industry and natural resources; and
(ii) conservation of working landscapes that if conserved, preserves the state's agricultural industry and natural resources, such as working agricultural land.
(b) "State conservation efforts" does not include the purpose of opening private property to public access without the consent of the owner of the private property.
(12)
(a) "Working agricultural land" means agricultural land for which an owner or producer engages in the activity of producing for commercial purposes crops, orchards, livestock, poultry, aquaculture, livestock products, or poultry products and the facilities, equipment, and property used to facilitate the activity.
(b) "Working agricultural land" includes an agricultural protection area established under Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas.
Amended by Chapter 180, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 46 - Conservation Coordination Act › Part 1 - General Provisions › Section 103 - Application of chapter to wildlife issues.

Effective 7/1/2023
4-46-103.
Application of chapter to wildlife issues.
This chapter may not be construed or applied to supersede or interfere with the powers and duties of the Division of Wildlife Resources or the Wildlife Board under Title 23A, Wildlife Resources Act, over:
(1) conservation and management of protected wildlife within the state;
(2) a program or initiative to restore and conserve habitat for fish and wildlife; or
(3) acquisition, ownership, management, and control of real property or a real property interest, including a leasehold estate, an easement, a right-of-way, or a conservation easement.
Amended by Chapter 34, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 46 - Conservation Coordination Act › Part 1 - General Provisions › Section 104 - Transition.

Affected by 63I-2-204 on 7/1/2024
Effective 7/1/2022
4-46-104.
Transition.
(1) A grant that is entered into or issued by the Quality Growth Commission on or before July 1, 2022, remains in effect, except that:
(a) the agency administrating the grant shall be transferred to the board in the same manner as the statutory responsibility is transferred under Laws of Utah 2022, Chapter 68; and
(b) the grant is subject to the terms of the grant and may be terminated under the terms of the grant.
(2) In accordance with Laws of Utah 2022, Chapter 68, the department assumes the policymaking functions, regulatory, and enforcement powers, rights, and duties of the Quality Growth Commission existing on June 30, 2022.
Revisor instructions Chapter 68, 2022 General Session
Enacted by Chapter 68, 2022 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 46 - Conservation Coordination Act › Part 2 - Land Conservation Board › Section 202 - Board duties and powers -- No regulatory authority -- Criteria.

Effective 5/3/2023
4-46-202.
Board duties and powers -- No regulatory authority -- Criteria.
(1) The board shall:
(a) administer the fund as provided in this chapter; and
(b) fulfill other responsibilities imposed on the board by the Legislature.
(2) The board may not exercise any regulatory authority.
(3) In carrying out the board's powers and duties under this chapter, the board shall adopt ranking criteria that is substantially similar to the ranking criteria used by the Agriculture Conservation Easement Program and Agriculture Land Easement as determined by the Natural Resources Conservation Service under the United States Department of Agriculture.
Amended by Chapter 180, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 46 - Conservation Coordination Act › Part 3 - LeRay McAllister Working Farm and Ranch Fund › Section 301 - LeRay McAllister Working Farm and Ranch Fund.

Effective 5/3/2023
4-46-301.
LeRay McAllister Working Farm and Ranch Fund.
(1) There is created a restricted account within the General Fund entitled the " LeRay McAllister Working Farm and Ranch Fund."
(2) The restricted account shall consist of:
(a) appropriations by the Legislature;
(b) grants from federal or private sources; and
(c) interest and earnings from the account.
(3) The Land Conservation Board created in Section 4-46-201 may use appropriations from the fund in accordance with Section 4-46-302.
Amended by Chapter 180, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 46 - Conservation Coordination Act › Part 3 - LeRay McAllister Working Farm and Ranch Fund › Section 303 - Board to report annually.

Effective 5/3/2023
4-46-303.
Board to report annually.
The board shall submit an annual report to the Infrastructure and General Government and Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittees:
(1) specifying the amount of each disbursement from the fund;
(2) identifying the recipient of each disbursement and describing the project for which money was disbursed; and
(3) detailing the conditions, if any, placed by the board on disbursements from the fund.
Amended by Chapter 180, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 46 - Conservation Coordination Act › Part 3 - LeRay McAllister Working Farm and Ranch Fund › Section 304 - Agriculture Conservation Easement Account.

Effective 5/3/2023
4-46-304.
Agriculture Conservation Easement Account.
(1) There is created within the General Fund a restricted account known as the Agriculture Conservation Easement Account.
(2) The Agriculture Conservation Easement Account consists of:
(a) conservation easement stewardship fees;
(b) grants from private foundations;
(c) grants from local governments, the state, or the federal government;
(d) grants from the Land Conservation Board created under Section 4-46-201;
(e) donations from landowners for monitoring and enforcing compliance with conservation easements;
(f) donations from any other person; and
(g) interest on account money.
(3) Upon appropriation by the Legislature, the department shall use money from the account to monitor and enforce compliance with conservation easements held by the department.
(4) The department may not receive or expend donations from the account to acquire conservation easements.
Enacted by Chapter 528, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 46 - Conservation Coordination Act › Part 4 - Division of Conservation › Section 401 - Division of Conservation created -- Director.

Effective 7/1/2023
4-46-401.
Division of Conservation created -- Director.
(1) Within the department there is created the Division of Conservation.
(2)
(a) The director is the executive and administrative head of the division.
(b) The director shall administer this part subject to the administration and general supervision of the commissioner.
(3) The division shall coordinate state conservation efforts by:
(a) staffing the board created in Section 4-46-201;
(b) coordinating with a conservation district in accordance with Section 4-46-402;
(c) coordinating with an agency or division within the department, the Department of Natural Resources, other state agencies, counties, cities, towns, local land trust entities, and federal agencies;
(d) facilitating obtaining federal funds in addition to state funds used for state conservation efforts;
(e) monitoring and providing for the management of conservation easements on state lands, including coordination with the Division of Wildlife Resources in the Division of Wildlife Resources' administration of Section 23A-3-204; and
(f) implementing rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and Section 4-46-403.
(4) The division may cooperate with, or enter into agreements with, other agencies of this state and federal agencies in the administration and enforcement of this chapter.
Amended by Chapter 34, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 46 - Conservation Coordination Act › Part 4 - Division of Conservation › Section 402 - Training -- Coordination with conservation districts.

Effective 7/1/2022
4-46-402.
Training -- Coordination with conservation districts.
(1) The division shall provide training to the conservation commission concerning:
(a) funding state conservation efforts; and
(b) coordinating state conservation efforts.
(2) The division shall work with the conservation commission in coordinating with a conservation district.
Enacted by Chapter 68, 2022 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 46 - Conservation Coordination Act › Part 4 - Division of Conservation › Section 403 - Conservation rules.

Effective 7/1/2022
4-46-403.
Conservation rules.
The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(1) establish requirements for the training described in Section 4-46-402; and
(2) establish the procedures the division shall follow in coordinating state conservation efforts.
Enacted by Chapter 68, 2022 General Session
2023 Utah Code › Title 6 - Assignment for Benefit of Creditors › Chapter 1 - General Provisions Relating to Assignment for Benefit of Creditors › Section 1 - Insolvent debtor may assign.

6-1-1.
Insolvent debtor may assign.
An insolvent debtor may, in good faith, execute an assignment of property to one or more assignees in trust for the benefit of creditors in conformity with the provisions of this title.
No Change Since 1953
2023 Utah Code › Title 6 - Assignment for Benefit of Creditors › Chapter 1 - General Provisions Relating to Assignment for Benefit of Creditors › Section 2 - When assignment void.

6-1-2.
When assignment void.
An assignment for the benefit of creditors is void against any creditor of the assignor not assenting thereto in the following cases:
(1) if it gives a preference dependent upon any condition or contingency, or with any power of revocation reserved;
(2) if it tends to coerce any creditor to release or compromise his demand;
(3) if it provides for the payment of any claim known by the assignor to be false or fraudulent, or for the payment of more upon any claim than is known to be justly due from the assignor;
(4) if it reserves any interest in the assigned property or in any part thereof to the assignor or for his benefit before all his existing debts are paid; and
(5) if it confers upon the assignee any power which, if exercised, might prevent or delay the immediate conversion of the assigned property to the purposes of the trust; provided, that the assignment may provide reasonable terms and manner of sale to be carried out only so far as practicable and not prejudicial to the interest of the estate in the discretion of the court.
No Change Since 1953