reglab/statecodes huggingface dataset:
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 11 - Utah Bee Inspection Act › Section 107 - Inspector -- Duties -- Diseased apiaries -- Examination of diseased bees by department -- Election to transport bees to wax-salvage plant.

Effective 7/1/2017
4-11-107.
Inspector -- Duties -- Diseased apiaries -- Examination of diseased bees by department -- Election to transport bees to wax-salvage plant.
(1) The county bee inspector or the department may inspect:
(a) all apiaries within the county at least once each year; and
(b) immediately any apiary within the county that is alleged in a complaint to be severely diseased, parasitized, or abandoned.
(2) If, upon inspection, the inspector determines that an apiary is diseased or parasitized, the inspector may take the following action based on the severity of the disease or parasite present:
(a) prescribe the course of treatment that the owner or caretaker of the bees shall follow to eliminate the disease or parasite;
(b) personally, for the purpose of treatment approved by the department, take control of the afflicted bees, hives, combs, broods, honey, and equipment; or
(c) destroy the afflicted bees and, if necessary, their hives, combs, broods, honey, and all appliances that may have become infected.
(3) If, upon reinspection, the inspector determines that the responsible party has not executed the course of treatment prescribed by Subsection (2), the inspector may take immediate possession of the afflicted colony for control or destruction in accordance with Subsection (2)(b) or (c).
(4)
(a) The owner of an apiary who is dissatisfied with the diagnosis or course of action proposed by an inspector under this section may, at the owner's expense, have the department examine the alleged diseased bees.
(b) The decision of the commissioner with respect to the condition of bees at the time of the examination is final and conclusive upon the owner and the inspector involved.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 11 - Utah Bee Inspection Act › Section 108 - County bee inspector -- Disinfection required before leaving apiary with diseased bees.

Effective 7/1/2017
4-11-108.
County bee inspector -- Disinfection required before leaving apiary with diseased bees.
(1) Before inspecting the premises of any apiary, an inspector and any assistant of an inspector shall disinfect any equipment that will be used in the inspection.
(2) Before leaving the premises of any apiary, the bee inspector, or any assistant, shall thoroughly disinfect any part of the inspector's own person, clothing, or any appliance that has come in contact with infected material.
(3) The method of disinfection required by Subsection (2):
(a) may be determined by the department; and
(b) shall be sufficient to destroy disease, parasites, and pathogens encountered.
(4) A county bee inspector shall maintain a record of each inspection, including disinfection practices.
(5) The county executive or the commissioner may review a county bee inspector's records kept in accordance with Subsection (4).
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 11 - Utah Bee Inspection Act › Section 109 - Inspection of apiaries where queen bees raised for sale -- Honey from apiaries where queen bees raised for sale not to be used for candy for mailing cages unless boiled.

Effective 7/1/2017
4-11-109.
Inspection of apiaries where queen bees raised for sale -- Honey from apiaries where queen bees raised for sale not to be used for candy for mailing cages unless boiled.
(1)
(a) At least twice each summer the county bee inspector may inspect each apiary in which queen bees are raised for sale.
(b) A person may not sell or transport any queen bee from an apiary that is found to be infected with disease without the consent of the county bee inspector or the department.
(2) No person engaged in raising queen bees for sale shall use any honey for making candy for mailing cages that has not been boiled for at least 30 minutes.
(3) A person rearing queens shall follow standard methods for minimizing or eliminating unmanageably aggressive stock.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 11 - Utah Bee Inspection Act › Section 110 - Enforcement -- Inspections authorized -- Warrants.

Effective 7/1/2017
4-11-110.
Enforcement -- Inspections authorized -- Warrants.
(1) The department and all bee inspectors shall have access to all apiaries or places where bees, hives, and appliances are kept for the purpose of enforcing this chapter.
(2) If admittance is refused, the department, or the bee inspector involved, may proceed immediately to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for the purpose of making an inspection.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 11 - Utah Bee Inspection Act › Section 111 - Importation of bees or appliances into state -- Certification required -- Inspection discretionary -- Authority to require destruction or removal of diseased bees and appliances.

Effective 7/1/2017
4-11-111.
Importation of bees or appliances into state -- Certification required -- Inspection discretionary -- Authority to require destruction or removal of diseased bees and appliances.
(1)
(a) A person may not bring or import any bees in packages or hives or bring or import any used beekeeping equipment or appliances into this state without obtaining a certificate from an inspector authorized in the state of origin certifying that:
(i) the bees, apiary equipment, or appliances have been inspected within the current production season; and
(ii) all diseased colonies in the apiary at the time of the inspection were destroyed or treated.
(b) A person bringing or importing bees into the state shall advise the department of the address of the bees' destination and furnish the department with a copy of the certificate of inspection upon entry into the state.
(c) A person intending to hold bees in the state for a period of time exceeding 30 days shall comply with Section 4-11-104.
(2)
(a) A person may not bring or import any used apiary equipment, except after obtaining a certificate from an inspector authorized in the state of origin certifying that all potentially pathogen-conductive apiary equipment or appliances are appropriately sterilized immediately before importation.
(b) A person bringing or importing used apiary equipment shall advise the department of the address of the destination in the state and furnish the department with a copy of the certificate of inspection upon entry into the state.
(3) Used apiary equipment or appliances that have been exposed to terminal disease may not be sold without the consent of the bee inspector or the commissioner.
(4) In lieu of the certificate required by Subsection (1), the certificate may be a Utah certificate.
(5)
(a) If the department determines it is necessary for any reason to inspect any bees, apiary equipment, or appliance upon arrival at a destination in this state, and upon this inspection finds terminal disease, the department shall cause all diseased colonies, appliances, and equipment to be either:
(i) destroyed immediately; or
(ii) removed from the state within 48 hours.
(b) The costs of complying with Subsection (5)(a)(i) or (ii) shall be paid by the person bringing the diseased colonies, appliances, or equipment into the state.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 11 - Utah Bee Inspection Act › Section 112 - Quarantine authorized.

Effective 7/1/2017
4-11-112.
Quarantine authorized.
The commissioner, in order to protect the bee industry of the state against bee health or management issues, may quarantine the entire state, an entire county, or any apiary or specific hive within the state.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 11 - Utah Bee Inspection Act › Section 113 - Unlawful acts specified.

Effective 7/1/2017
4-11-113.
Unlawful acts specified.
It is unlawful for a person to:
(1) extract honey in any place where bees can gain access either during or after the extraction process;
(2) maintain any neglected or abandoned hives, apiary equipment, or appliances other than in an enclosure that prohibits the entrance of bees;
(3) raise bees without being registered with the department; or
(4) knowingly sell a colony, apiary equipment, or appliance that is inoculated with terminal disease pathogens.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 11 - Utah Bee Inspection Act › Section 114 - Maintenance of abandoned apiary, equipment, or appliance -- Nuisance.

Effective 7/1/2017
4-11-114.
Maintenance of abandoned apiary, equipment, or appliance -- Nuisance.
(1) It is a public nuisance to keep an abandoned or diseased apiary, apiary equipment, or appliance anywhere other than in an enclosure that prohibits the entry of bees.
(2) Items listed in Subsection (1) are subject to seizure and destruction by the county bee inspector.
(3) Upon discovery of, or receipt of a written complaint concerning, an abandoned apiary site, apiary equipment, or appliance, the bee inspector shall attempt to notify the registered owner, if any.
(4)
(a) A registered owner notified under Subsection (3) shall remove the abandoned apiary, apiary equipment, or appliance or provide a bee-proof enclosure within 15 days.
(b) The bee inspector or the department shall verify the removal or protection in accordance with Subsection (4)(a) at the expiration of the 15-day period.
(c) If a registered owner does not comply with Subsection (4)(a), the bee inspector or the department may seize and destroy the abandoned apiary, apiary equipment, and appliances.
(5) A bee inspector or the department may seize and destroy an abandoned apiary, apiary equipment, or appliances if the abandoned apiary, apiary equipment, or appliances do not indicate a registered owner.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 11 - Utah Bee Inspection Act › Section 115 - Maintaining gentle stock.

Effective 7/1/2017
4-11-115.
Maintaining gentle stock.
A beekeeper may not intentionally maintain an aggressive or unmanageable stock, whether African or European in origin.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 12 - Utah Commercial Feed Act › Section 103 - Department authorized to make and enforce rules -- Cooperation with state and federal agencies authorized.

Effective 5/8/2018
4-12-103.
Department authorized to make and enforce rules -- Cooperation with state and federal agencies authorized.
(1) The department is authorized, subject to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to make and enforce rules to administer and enforce this chapter and may cooperate with, or enter into agreements with, other agencies of this state, other states, and agencies of the United States in the administration and enforcement of this chapter.
(2) The department shall by rule adopt the following, unless the department determines that they are inconsistent with the provisions of this chapter or are not appropriate to conditions that exist in this state:
(a) the Official Definitions of Feed Ingredients and Official Feed Terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization; and
(b) any federal regulation made pursuant to the authority of the Federal Food, Drug, and Cosmetic Act, U.S.C. Sec. 301 et seq., unless the department does not have the authority under this chapter to make a corresponding rule.
Renumbered and Amended by Chapter 355, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 12 - Utah Commercial Feed Act › Section 104 - Distribution of commercial and customer-formula feed -- Registration or license required -- Application -- Fees -- Expiration -- Renewal.

Effective 5/3/2023
4-12-104.
Distribution of commercial and customer-formula feed -- Registration or license required -- Application -- Fees -- Expiration -- Renewal.
(1) A home-produced pet treat:
(a) is exempt from Subsections (2), (4), (5)(a), and (6)(a); and
(b) is required to comply with Section 4-12-105.5.
(2)
(a) A person may not distribute a commercial feed in this state without a registration from the department.
(b) Except as provided by Subsection (4)(a), a person shall apply for a registration from the department for each brand name of commercial feed by:
(i) submitting forms prescribed and furnished by the department; and
(ii) paying an annual registration fee, determined by the department pursuant to Subsection 4-2-103(2).
(c) Upon receipt of the appropriate application forms and fee payment, the commissioner shall issue a registration to the applicant allowing the applicant to distribute the registered commercial feed in this state through December 31 of the year in which the registration is issued, subject to suspension or revocation for cause.
(3)
(a) Subject to Subsection (3)(b) the department may:
(i) refuse registration to any commercial feed found to not be in compliance with this chapter; and
(ii) cancel the registration of any commercial feed found to not be in compliance with this chapter.
(b) A registration may not be refused or canceled unless the department gives the registrant an opportunity to:
(i) be heard before the department; and
(ii) amend the registrant's application in order to comply with the requirements of this chapter.
(4)
(a) A person who distributes customer-formula feed is not required to register the feed, but is required to obtain a license from the department before distribution.
(b) A person shall apply for a license to distribute customer-formula feed from the department by:
(i) submitting forms prescribed and furnished by the department; and
(ii) paying an annual license fee, determined by the department pursuant to Subsection 4-2-103(2).
(c) Upon receipt of the appropriate application forms and fee payment, the commissioner shall issue a license to the applicant allowing the applicant to distribute customer-formula feed in this state through December 31 of the year in which the license is issued, subject to suspension or revocation for cause.
(5)
(a) Each commercial feed registration is renewable for a period of one year upon the payment of an annual registration renewal fee in an amount equal to the current applicable original registration fee.
(b) Each registration renewal fee shall be paid on or before December 31 of each year.
(6)
(a) Each customer-formula feed license is renewable for a period of one year upon the payment of an annual license renewal fee in an amount equal to the current applicable original license fee.
(b) Each license renewal fee shall be paid on or before December 31 of each year.
Amended by Chapter 528, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 12 - Utah Commercial Feed Act › Section 105.5 - Labeling and registration requirements for home-produced pet treats specified.

Effective 5/3/2023
4-12-105.5.
Labeling and registration requirements for home-produced pet treats specified.
(1) Each container of home-produced pet treats distributed in the state shall have a label specifying:
(a) the name and principal mailing address of the manufacturer or registrant;
(b) the text "Assorted Pet Treats" and the brand name, if any, under which the pet treat is distributed;
(c) the common name of each ingredient used in the pet treat, in descending order, by predominance based on weight;
(d) a quantity statement for the treat;
(e) adequate direction for the treat's safe and effective use, if necessary; and
(f) precautionary statements, if necessary.
(2)
(a) A home-produced pet treat:
(i) shall be registered as an "Assorted Pet Treat";
(ii) shall include a label with the registered name;
(iii) may not be distributed outside of the state; and
(iv) is restricted to retail sales only.
(b) A registration described in Subsection (2)(a)(i) covers all versions of a home-produced pet treat.
Enacted by Chapter 528, 2023 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 12 - Utah Commercial Feed Act › Section 106 - Enforcement -- Inspection and samples authorized -- Methods for sampling and analysis prescribed -- Results to be forwarded to registrant or licensee -- Warrants.

Effective 5/8/2018
4-12-106.
Enforcement -- Inspection and samples authorized -- Methods for sampling and analysis prescribed -- Results to be forwarded to registrant or licensee -- Warrants.
(1) In order to determine compliance with this chapter, the department:
(a) shall periodically sample, inspect, analyze, and test commercial feeds distributed within this state;
(b) may enter during normal business hours, within reasonable limits, and in a reasonable manner, any:
(i) factory;
(ii) warehouse; or
(iii) establishment in which commercial feed is manufactured, processed, packed, or held for distribution; and
(c) may enter any vehicle used to transport or hold commercial feed in order to inspect:
(i) equipment;
(ii) finished and unfinished materials;
(iii) containers;
(iv) records; and
(v) labels.
(2) The department's methods for sampling and for analyses of feed ingredients, mineral ingredients, or other ingredients, or for analyses of customer-formula feeds, shall be in accordance with methods published by the Association of Official Analytical Chemists or other generally recognized methods.
(3) The official sample shall guide the department in determining whether a commercial feed is misbranded, adulterated, or otherwise deficient.
(4) The department shall:
(a) forward the results of all tests of official samples to the manufacturer, distributer, licensee, or registrant using the address specified on the container, label, or on the written statement or invoice; and
(b) furnish to the manufacturer, distributer, licensee, or registrant part of any official sample that the department determines is misbranded or adulterated upon written request to the department by the manufacturer, distributer, licensee, or registrant within 30 days after receipt of the unsatisfactory test results.
(5) If the department is refused admittance authorized by Subsections (1)(b) and (1)(c), the department may proceed immediately to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for the purpose of making inspections and obtaining samples.
Renumbered and Amended by Chapter 355, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 12 - Utah Commercial Feed Act › Section 107 - Suspension or revocation authorized -- Refusal to register or issue license authorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Costs.

Effective 5/8/2018
4-12-107.
Suspension or revocation authorized -- Refusal to register or issue license authorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Costs.
(1) Upon satisfactory evidence that a manufacturer, distributer, licensee, or registrant has used fraudulent or deceptive practices in the registration, licensing, or distribution of a commercial feed or customer-formula feed, the department may:
(a) suspend or revoke the registration or license of any brand name of commercial feed or customer-formula feed; or
(b) refuse to register or license any brand name or product of commercial feed or customer-formula feed.
(2)
(a) The department may issue a "stop sale, use, or removal order" to the distributor or owner of any commercial feed or lot of commercial feed that it finds or has reason to believe is misbranded, adulterated, or otherwise in violation of this chapter.
(b) The order described in Subsection (2)(a) shall be in writing and no commercial feed subject to the order shall be moved, offered, or exposed for sale, except upon subsequent written release by the department.
(c) Before an order release is issued, the department may require the distributor or owner of the "stopped" commercial feed or lot of commercial feed to pay the expense incurred by the department in connection with the withdrawal of the product from the market.
(3)
(a) The department is authorized in a court of competent jurisdiction to seek:
(i) an order of seizure or condemnation of a commercial feed;
(ii) a temporary restraining order; or
(iii) a permanent injunction to prevent the violation of this chapter.
(b) No bond shall be required of the department in an injunctive proceeding brought under this section.
(4) If the court orders condemnation of a commercial feed, the commercial feed shall be disposed of as the court directs, provided the order gives the manufacturer, distributor, licensee, or registrant an opportunity to apply to the court for permission to:
(a) relabel, reprocess, or otherwise bring the commercial feed into conformance with this chapter and administrative rules; or
(b) remove the commercial feed from the state.
(5) If the court orders condemnation, court costs, fees, storage, and other costs shall be awarded against the claimant of the commercial feed.
Renumbered and Amended by Chapter 355, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 12 - Utah Commercial Feed Act › Section 108 - Unlawful acts specified.

Effective 5/8/2018
4-12-108.
Unlawful acts specified.
A person in this state may not:
(1) manufacture or distribute adulterated or misbranded commercial feed;
(2) adulterate or misbrand any commercial feed;
(3) distribute agricultural products such as whole seed, hay, straw, stover, silage, cobs, husks, or bulbs that are adulterated;
(4) remove or dispose of any commercial feed in violation of a "stop sale, use, or removal order";
(5) distribute any commercial feed that is not registered or any customer-formula feed that is not licensed; or
(6) reuse a bag or tote previously used for commercial feed, including customer-formula feed, unless the user:
(a) appropriately cleans the bag or tote; and
(b) documents the clean-out procedure used on the bag or tote.
Renumbered and Amended by Chapter 355, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 13 - Utah Fertilizer Act › Section 105 - Enforcement -- Inspection and samples authorized -- Methods for sampling and analysis prescribed -- Warrants.

Effective 5/12/2020
4-13-105.
Enforcement -- Inspection and samples authorized -- Methods for sampling and analysis prescribed -- Warrants.
(1) The department shall periodically sample, inspect, analyze, and test fertilizers and soil amendments distributed within this state to determine if they comply with this chapter.
(2)
(a) The methods of sampling and analysis shall be those adopted by the AOAC International.
(b) In a case not covered by the methods adopted under Subsection (2)(a), or in a case when a method is available in which improved applicability has been demonstrated, the department may adopt appropriate methods from other sources.
(3) In determining whether a fertilizer or soil amendment is deficient, the department shall be guided solely by the official sample.
(4)
(a) The department may enter any public or private premises or carriers during regular business hours to have access to fertilizers or soil amendments and records relating to the distribution of fertilizers and soil amendments subject to this chapter.
(b) If admittance is refused, the department may proceed immediately to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for the purpose of making inspections and obtaining samples.
(5) The department shall distribute the results of an official sample.
(6) The department shall retain an official sample for a minimum of 90 days from the issuance of a report.
Amended by Chapter 311, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 13 - Utah Fertilizer Act › Section 106 - Distribution of fertilizers not complying with labeling requirements prohibited -- Penalty assessed -- Court action to vacate or amend finding authorized.

Effective 5/12/2020
4-13-106.
Distribution of fertilizers not complying with labeling requirements prohibited -- Penalty assessed -- Court action to vacate or amend finding authorized.
(1) A person may not distribute in this state a fertilizer, fertilizer material, soil amendment, or specialty fertilizer if the official sample thereof establishes that the fertilizer, fertilizer material, soil amendment, or specialty fertilizer is deficient in the nutrients or ingredients guaranteed on the label by an amount exceeding the values established by rule.
(2) The department shall evaluate and take administrative action the department prescribes for a deficiency beyond the investigational allowances established by the department.
(3) A registrant aggrieved by the finding of an official sample deficiency may file a complaint with a court of competent jurisdiction to vacate or amend the finding of the department.
Amended by Chapter 311, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 13 - Utah Fertilizer Act › Section 108 - Denial, suspension, or revocation authorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Costs.

Effective 5/12/2020
4-13-108.
Denial, suspension, or revocation authorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Costs.
(1) The department may deny, revoke, or suspend the license for a blender or the registration of a brand of fertilizer or soil amendment upon satisfactory evidence that the licensee or registrant has used fraudulent or deceptive practices in licensure, registration, or distribution in this state.
(2)
(a) The department may issue a "stop sale, use, or removal order" to the owner or person in possession of any designated lot of fertilizer or soil amendment that the department finds or has reason to believe is being offered or exposed for sale in violation of this chapter.
(b) The order shall be in writing and fertilizer or soil amendment subject to the order may not be moved or offered or exposed for sale, except upon the subsequent written release of the department.
(c) Before a release is issued, the department may require the owner or person in possession of the "stopped" lot to pay the expense incurred by the department in connection with the withdrawal of the product from the market.
(3)
(a) The department may seek in a court of competent jurisdiction an order of seizure or condemnation of any fertilizer that violates this chapter or, upon proper grounds, to obtain a temporary restraining order or permanent injunction, to prevent violation of this chapter.
(b) A bond may not be required of the department in any injunctive proceeding under this section.
(4) If condemnation is ordered, the fertilizer or soil amendment shall be disposed of as the court directs, except that the court may not order condemnation without giving the claimant of the fertilizer or soil amendment an opportunity to apply to the court for permission to relabel, reprocess, or otherwise bring the product into conformance, or to remove the fertilizer or soil amendment from the state.
(5) If the court orders condemnation of the fertilizer or soil amendment, court costs, fees, storage, and other expenses shall be awarded against the claimant of the fertilizer or soil amendment.
Amended by Chapter 311, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 13 - Utah Fertilizer Act › Section 109 - Sales or exchanges of fertilizers or soil amendments between manufacturers, importers, or manipulators permitted.

Effective 5/12/2020
4-13-109.
Sales or exchanges of fertilizers or soil amendments between manufacturers, importers, or manipulators permitted.
This chapter may not be construed to restrict or avoid sales or exchanges of fertilizers or soil amendments to each other by importers, manufacturers, or manipulators who mix fertilizer or soil amendment materials for sale or as preventing the free and unrestricted shipment of fertilizer or soil amendments to manufacturers or manipulators who have registered their brands as required by this chapter.
Amended by Chapter 311, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 13 - Utah Fertilizer Act › Section 110 - Department may make and enforce rules -- Cooperation with state and federal agencies authorized.

Effective 5/12/2020
4-13-110.
Department may make and enforce rules -- Cooperation with state and federal agencies authorized.
(1)
(a) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and enforce the rules to administer and enforce this chapter.
(b) The department shall by rule adopt the official terms, tables, definitions, and statements adopted by the Association of American Plant Food Control officials and published in the official publications of that organization.
(2) The department may enter into agreements with other agencies of the state, other states, and agencies of the federal government to administer and enforce this chapter.
(3) The department may use the following terms in rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to the extent that the department is authorized to make rules by a provision other than this Subsection (3):
(a) biostimulant;
(b) bulk fertilizer;
(c) plant amendment;
(d) secondary nutrient; and
(e) slow release fertilizer.
Enacted by Chapter 311, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 14 - Utah Pesticide Control Act › Section 104 - Labeling requirement for pesticides specified.

Effective 7/1/2017
4-14-104.
Labeling requirement for pesticides specified.
(1) Each container of pesticide distributed in this state shall bear a label setting forth:
(a) the name, brand, or trademark under which the pesticide is distributed;
(b) subject to Subsection (2), an accurate statement of the ingredients on:
(i) the part of the immediate container that is presented or displayed under customary conditions of purchase; and
(ii) on the outside container and wrapper of the retail package, if there be one, through which the ingredient statement on the immediate container cannot be clearly read;
(c) a warning or caution statement if necessary, which, if complied with together with any requirements imposed under Section 3(d) of FIFRA, is adequate to protect health and the environment;
(d) the net weight or measure of the content;
(e) the name and address of the manufacturer, registrant, or person for whom manufactured;
(f) the EPA registration number assigned to each establishment in which the pesticide was produced and the EPA registration number assigned to the pesticide, if required by regulations under FIFRA;
(g) the federal use classification under which the pesticide is registered or designated for "experimental use only"; and
(h) directions for use of the pesticide sufficient to carry out the purposes for which the product is intended and which, if complied with together with any requirements imposed under Section 3(d) of FIFRA, are adequate to protect health and the environment.
(2) An ingredient statement may appear prominently on another part of a container, as permitted under Section 2(q)(2)(A) of FIFRA, if the size or form of the container makes it impractical to place the ingredient statement on the part of the retail package that is presented or displayed under customary conditions of purchase.
(3) If the pesticide is highly toxic the label shall, in addition to the other label requirements, display:
(a) the skull and crossbones;
(b) the word "POISON" in red prominently displayed on a background of distinctly contrasting color; and
(c) a statement of a practical treatment, first aid or otherwise, in case of poisoning by the pesticide.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 14 - Utah Pesticide Control Act › Section 105 - Issuance of experimental use permits -- Application -- Terms and conditions for issuance.

Effective 7/1/2017
4-14-105.
Issuance of experimental use permits -- Application -- Terms and conditions for issuance.
(1) The department upon application may:
(a) issue an experimental use permit to any person if the department determines that the applicant needs such a permit in order to accumulate information necessary to register a pesticide under Section 4-14-103; or
(b) refuse to issue an experimental permit if the department determines that issuance is not warranted or that the pesticide use to be made under the proposed terms and conditions may cause unreasonable adverse effects on the environment.
(2) The department may also with respect to issuance of an experimental use permit:
(a) prescribe the terms and conditions for the conduct of the experimental use that in all events shall be under the supervision of the department; and
(b) revoke or modify any experimental use permit if the department determines that the terms or conditions of the experimental use are being violated, or that the terms and conditions prescribed are inadequate to avoid unreasonable adverse effects to the environment.
(3) Application for an experimental use permit may be made before, after, or simultaneously with an application for registration.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 14 - Utah Pesticide Control Act › Section 106 - Department authorized to make and enforce rules.

Effective 5/12/2020
4-14-106.
Department authorized to make and enforce rules.
The department may, by following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, adopt rules to:
(1) declare as a pest any form of plant or animal life that is injurious to health or the environment, except:
(a) a human being; or
(b) a bacteria, virus, or other microorganism on or in a living person or animal;
(2) establish, in accordance with the regulations issued by the EPA under 7 U.S.C. Sec. 136w(c)(2), whether pesticides registered for special local needs under the authority of 7 U.S.C. Sec. 136v(c) are highly toxic to man;
(3) establish, consistent with EPA regulations, that certain pesticides or quantities of substances contained in these pesticides are injurious to the environment;
(4) adopt a list of "restricted use pesticides" for the state or designated areas within the state if the department determines upon substantial evidence presented at a public hearing that restricted use is necessary to prevent damage to property or to the environment;
(5) establish qualifications for a pesticide applicator business; and
(6) adopt any rule, not inconsistent with federal regulations issued under FIFRA, considered necessary to administer and enforce this chapter, including rules relating to the sale, distribution, use, and disposition of pesticides if necessary to prevent damage and to protect the public health.
Amended by Chapter 154, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 14 - Utah Pesticide Control Act › Section 107 - Enforcement -- Inspection and sampling authorized -- Notice of deficiency to be given registrant -- Objects of inspection delineated -- Warrants.

Effective 7/1/2017
4-14-107.
Enforcement -- Inspection and sampling authorized -- Notice of deficiency to be given registrant -- Objects of inspection delineated -- Warrants.
(1) The department, to determine compliance with this chapter, shall periodically:
(a) sample, inspect, and analyze pesticides distributed within this state;
(b) observe and investigate the use and application of pesticides within this state; and
(c) inspect equipment used to apply pesticides in this state to determine if the equipment complies with this chapter.
(2)
(a) If a pesticide sample, upon analysis, fails to comply with this chapter, the department shall give written notice to that effect to the registrant or owner of the pesticide.
(b) Nothing in this chapter, however, shall be construed as requiring the department to refer minor violations for criminal prosecution or for the institution of condemnation proceedings if the department believes the public interest will best be served through informal action.
(3) The department, for the purpose of enforcing this section, is authorized at reasonable times to enter any private or public premises for the purpose of:
(a) inspecting any equipment used in applying pesticides;
(b) inspecting or sampling lands actually or reported to be exposed to pesticides;
(c) inspecting storage or disposal areas;
(d) investigating complaints of injury to animals or lands;
(e) sampling pesticides wherever located, including in vehicles; or
(f) observing the use and application of a pesticide.
(4) The department may proceed immediately, if admittance is refused, to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for any purpose specified in Subsection (3) of this section.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 14 - Utah Pesticide Control Act › Section 108 - Suspension or revocation -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Award of costs authorized.

Effective 7/1/2017
4-14-108.
Suspension or revocation -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Award of costs authorized.
(1) The department may revoke or suspend the registration of any pesticide upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the registration of the pesticide or in the pesticide's distribution in this state.
(2)
(a) The department may issue a "stop sale, use, or removal order" to the owner or distributor of any designated pesticide or lot of pesticide that the department finds or has reason to believe is being offered or exposed for sale in violation of this chapter.
(b) The order described in Subsection (2)(a) shall be in writing and no pesticide subject to the order shall be moved, offered, or exposed for sale, except upon the subsequent written release by the department.
(c) Before a release is issued, the department may require the owner or distributor of the "stopped" pesticide or lot to pay the expense incurred by the department in connection with the withdrawal of the product from the market.
(3)
(a) The department is authorized in a court of competent jurisdiction to seek an order of seizure or condemnation of a pesticide that violates this chapter or, upon proper grounds, to obtain a temporary restraining order or permanent injunction to prevent the violation of this chapter.
(b) No bond shall be required of the department in an injunctive proceeding brought under this section.
(4)
(a) Subject to Subsection (4)(b), if condemnation is ordered, the pesticide or equipment shall be disposed of as the court directs.
(b) The department may not order condemnation without giving the registrant or other person an opportunity to apply to the court for permission to relabel, reprocess, or otherwise bring the pesticide into conformance, or for permission to remove the pesticide from the state.
(5) If the court orders condemnation, court costs, fees, storage, and other costs shall be awarded against the claimant of the pesticide or equipment.
(6) The department may:
(a) deny an application for a pesticide applicator license;
(b) revoke a pesticide applicator license for cause; or
(c) suspend a pesticide applicator license for cause.
(7)
(a) If a pesticide applicator license is revoked or suspended under Subsection (6), the license shall be returned to the department within 14 days of the day on which the licensee received notice of the revocation or suspension.
(b) A licensee who fails to return a license, as described in Subsection (7)(a), may be subjected to an administrative fine of up to $100 for each 14 days the license is not returned.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 14 - Utah Pesticide Control Act › Section 109 - Examination requirements for license to act as applicator may be waived through reciprocal agreement.

Effective 7/1/2017
4-14-109.
Examination requirements for license to act as applicator may be waived through reciprocal agreement.
The department may waive any or all examination requirements specified in rule for a noncommercial, commercial, or private pesticide applicator through a reciprocal agreement with another state whose examination requirements and standards for licensure are substantially similar to those of Utah.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 14 - Utah Pesticide Control Act › Section 110 - Defenses.

Effective 7/1/2017
4-14-110.
Defenses.
(1) As an affirmative defense to any action brought as a result of the alleged misuse or misapplication of a pesticide, a person may present evidence that as of the time of the alleged violation, the person was in compliance with label directions, this chapter, and any rules issued in accordance with this chapter.
(2) A person is not liable for injuries resulting from the misuse or misapplication of a pesticide unless the person was negligent.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 15 - The Utah Nursery Act › Section 102 - Background and purpose.

Effective 7/1/2017
4-15-102.
Background and purpose.
The Legislature finds that:
(1) nursery stock can harbor and vector plant pests and diseases;
(2) unregulated production and shipping of nursery stock presents an unacceptable risk to the state's agricultural, forestry, and horticultural interests, and to the state's general environmental quality; and
(3) it is necessary to ensure that nurseries produce healthy plants and that nursery stock shipped to other nurseries, brokers, and out-of-state customers meets national nursery stock cleanliness standards.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 15 - The Utah Nursery Act › Section 104 - Department authorized to make and enforce rules.

Effective 7/1/2017
4-15-104.
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 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 15 - The Utah Nursery Act › Section 105 - Unlawful to offer nursery stock for sale or to solicit orders for nursery stock without license.

Effective 7/1/2017
4-15-105.
Unlawful to offer nursery stock for sale or to solicit orders for nursery stock without license.
It is unlawful for any person in this state to offer nursery stock for sale at a nursery or nursery outlet, or to solicit or receive orders for nursery stock for a person who regularly engages in the business of operating a nursery or nursery outlet, without a license issued by the department.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 15 - The Utah Nursery Act › Section 106 - License -- Application -- Fees -- Expiration -- Renewal.

Effective 7/1/2017
4-15-106.
License -- Application -- Fees -- Expiration -- Renewal.
(1)
(a) Application for a license to operate a nursery or nursery outlet or to solicit or receive orders of nursery stock for a person regularly engaged in the business of operating a nursery or nursery outlet shall be made to the department on forms prescribed and furnished by the department.
(b) Upon receipt of a proper application and compliance with applicable rules, and payment of a license fee determined by the department according to Subsection 4-2-103(2) for each place of business where the applicant intends to offer nursery stock for wholesale or retail sale, or the payment of a fee determined by the department pursuant to Subsection 4-2-103(2) in the case of an agent, the commissioner, if satisfied the convenience and necessity of the industry and the public will be served, shall issue a license to engage in the otherwise proscribed activity through December 31 of the year in which the license is issued, subject to suspension or revocation for cause.
(2) A license to operate a nursery or nursery outlet or an agent's license is renewable on or before December 31 of each year for a period of one year upon the payment of an annual license renewal fee determined by the department according to Subsection 4-2-103(2).
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 15 - The Utah Nursery Act › Section 107 - Nursery stock for wholesale or retail sale -- Graded and sized -- Labels and tags -- Information to appear on label or tag.

Effective 7/1/2017
4-15-107.
Nursery stock for wholesale or retail sale -- Graded and sized -- Labels and tags -- Information to appear on label or tag.
(1) Each type of nursery stock delivered to a nursery or nursery outlet for subsequent wholesale or retail sale shall:
(a) be sized and graded in accordance with the applicable rules of the department; and
(b) bear a tag or label with the name, grade, size, and variety of the stock.
(2) Each bundle, single lot, or single nursery stock sold at retail shall bear a secure tag or label with the common or botanical name, grade, size, and variety of the stock legibly printed or written on the bundle, single lot, or single nursery stock.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 15 - The Utah Nursery Act › Section 108 - Inspection -- Issuance of certificate -- Destruction of infested or diseased stock.

Effective 7/1/2017
4-15-108.
Inspection -- Issuance of certificate -- Destruction of infested or diseased stock.
(1)
(a) Each nursery may be inspected by the department at least once each year.
(b) If, upon the inspection described in Subsection (1)(a), it appears that the nursery and the nursery's stock are free of insect pests and plant disease, the department shall issue an inspection certificate to the nursery.
(2)
(a) Each nursery outlet may be inspected by the department at least once each year during the period nursery stock is offered for retail sale.
(b) The department may issue an inspection certificate to a nursery outlet to permit the interstate shipment of nursery stock if the stock contemplated for shipment appears free of insect pests and plant disease.
(3) Nursery stock found to be infested with insect pests or infected with plant disease shall be destroyed or otherwise treated as determined by the department.
Renumbered and Amended by Chapter 345, 2017 General Session