reglab/statecodes huggingface dataset:
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 19 - Rural Rehabilitation › Section 103 - Department authorized to approve and make grants and loans, acquire property, and lease or operate property.

Effective 7/1/2017
4-19-103.
Department authorized to approve and make grants and loans, acquire property, and lease or operate property.
The department, in conjunction with the administration of the rural rehabilitation program, may:
(1) approve and make a loan to a farm or agricultural cooperative association regulated under Title 3, Uniform Agricultural Cooperative Association Act, subject to Section 4-19-104, including:
(a) taking security for the loan through a mortgage, trust deed, pledge, or other security device;
(b) purchasing a promissory note, real estate contract, mortgage, trust deed, or other instrument or evidence of indebtedness; and
(c) collecting, compromising, canceling, or adjusting a claim or obligation arising out of the administration of the rural rehabilitation program;
(2) purchase or otherwise obtain property in which the department has acquired an interest on account of a mortgage, trust deed, lien, pledge, assignment, judgment, or other means at any execution or foreclosure sale;
(3) operate or lease, if necessary to protect its investment, property in which it has an interest, or sell or otherwise dispose of the property; and
(4) approve and make an education loan or an education grant to an individual for the purpose of attending a vocational school, college, or university to obtain additional education, qualifications, or skills.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 19 - Rural Rehabilitation › Section 104 - Loans -- Not to exceed period of 10 years -- Agricultural Advisory Board executive committee to approve loans and renewals, methods of payments, and interest rates -- Guidelines in fixing interest rates declared.

Effective 5/5/2021
4-19-104.
Loans -- Not to exceed period of 10 years -- Agricultural Advisory Board executive committee to approve loans and renewals, methods of payments, and interest rates -- Guidelines in fixing interest rates declared.
(1) The department may not make a loan authorized under this chapter for a period to exceed 10 years, but the loan is renewable.
(2) Except as provided in Subsection (5), the Agricultural Advisory Board executive committee created in Section 4-2-108 shall approve:
(a) loans and renewals;
(b) the methods of repayment; and
(c) the interest rates charged.
(3) In fixing interest rates, the Agricultural Advisory Board executive committee shall consider:
(a) the current applicable interest rate or rates being charged by the USDA Farm Service Agency on similar loans;
(b) the current prime rate charged by leading lending institutions; and
(c) any other pertinent economic data.
(4) The interest rates established shall be compatible with guidelines stated in this section.
(5) The Agricultural Advisory Board executive committee may create a subcommittee from the Agricultural Advisory Board membership to approve a loan or renewal under this section.
Amended by Chapter 126, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 19 - Rural Rehabilitation › Section 105 - Utah Rural Rehabilitation Fund.

Effective 3/21/2022
4-19-105.
Utah Rural Rehabilitation Fund.
(1) The department shall deposit all income generated from the administration of the rural rehabilitation program in a separate fund known as the "Utah Rural Rehabilitation Fund."
(2) The Division of Finance shall maintain the Utah Rural Rehabilitation Fund and record all debits and credits made to the fund by the department.
(3) The Office of the Treasurer shall deposit interest and other earnings derived from investment of money in the Utah Rural Rehabilitation Fund into the fund.
Amended by Chapter 79, 2022 General Session
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 20 - Rangeland Improvement Act › Section 102 - Definitions.

Effective 5/4/2022
4-20-102.
Definitions.
As used in this chapter:
(1) "Cooperative weed management association" means a multigovernmental association cooperating to control noxious weeds in a geographic area that includes some portion of Utah.
(2) "Fees" means the revenue collected by the United States secretary of interior from assessments on livestock using public lands.
(3) "Grazing district" means an administrative unit of land:
(a) designated by the commissioner as valuable for grazing and for raising forage crops; and
(b) that consists of any combination of the following:
(i) public lands;
(ii) private land;
(iii) state land; and
(iv) school and institutional trust land as defined in Section 53C-1-103.
(4) "Public lands" mean vacant, unappropriated, reserved, and unreserved federal lands.
(5) "Regional board" means a regional grazing advisory board with members appointed under Section 4-20-104.
(6) "Restricted account" means the Rangeland Improvement Account created in Section 4-20-105.
(7) "Sales" or "leases" means the sale or lease, respectively, of isolated or disconnected tracts of public lands by the United States secretary of interior.
(8) "State board" means the Utah Grazing Improvement Program Advisory Board created under Section 4-20-103.
Amended by Chapter 84, 2022 General Session
Enacted by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 20 - Rangeland Improvement Act › Section 103 - Utah Grazing Improvement Program Advisory Board -- Duties.

Affected by 63I-1-204 on 7/1/2032
Effective 5/4/2022
4-20-103.
Utah Grazing Improvement Program Advisory Board -- Duties.
(1)
(a) There is created within the department the Utah Grazing Improvement Program Advisory Board.
(b) The commissioner shall appoint the following members:
(i) one member from each regional board;
(ii) one member from the Conservation Commission, created in Section 4-18-104;
(iii) one representative of the Department of Natural Resources;
(iv) two livestock producers at-large; and
(v) one representative of the oil, gas, or mining industry.
(2) The term of office for a state board member is four years.
(3) Members of the state board shall elect a chair, who shall serve for two years.
(4) A member may not receive compensation or benefits for the member's service but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(5) The state board shall:
(a) receive:
(i) advice and recommendations from a regional board concerning:
(A) management plans for public lands, state lands, and school and institutional trust lands as defined in Section 53C-1-103, within the regional board's region; and
(B) any issue that impacts grazing on private lands, public lands, state lands, or school and institutional trust lands as defined in Section 53C-1-103, in its region; and
(ii) requests for restricted account money from the entities described in Subsections (5)(c)(i) through (iv);
(b) recommend state policy positions and cooperative agency participation in federal and state land management plans to the department and to the Public Lands Policy Coordinating Office, created under Section 63L-11-201; and
(c) advise the department on the requests and recommendations of:
(i) regional boards;
(ii) county weed control boards, created in Section 4-17-105;
(iii) cooperative weed management associations; and
(iv) conservation districts created under the authority of Title 17D, Chapter 3, Conservation District Act.
Amended by Chapter 84, 2022 General Session
Amended by Chapter 382, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 20 - Rangeland Improvement Act › Section 104 - Regional grazing advisory boards -- Duties.

Effective 7/1/2017
4-20-104.
Regional grazing advisory boards -- Duties.
(1) The commissioner shall appoint members to a regional board for each grazing district from nominations submitted by:
(a) the Utah Cattlemen's Association;
(b) the Utah Woolgrowers Association;
(c) the Utah Farm Bureau Federation; and
(d) a conservation district, if the conservation district's boundaries include some portion of the grazing district.
(2) Regional boards:
(a) shall provide advice and recommendations to the state board; and
(b) may receive money from the Rangeland Improvement Account created in Section 4-20-105.
(3) If a regional board receives money as authorized by Subsection (2)(b), the regional board shall elect a treasurer to expend the money:
(a) as directed by the regional board; and
(b) in accordance with Section 4-20-106.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 20 - Rangeland Improvement Act › Section 105 - Rangeland Improvement Account -- Administered by department.

Effective 7/1/2017
4-20-105.
Rangeland Improvement Account -- Administered by department.
(1)
(a) There is created a restricted account within the General Fund known as the "Rangeland Improvement Account."
(b) The restricted account shall consist of:
(i) money received by the state from the United States Secretary of Interior under the Taylor Grazing Act, 43 U.S.C. Section 315 et seq., for sales, leases, and fees;
(ii) grants or appropriations from the state or federal government; and
(iii) grants from private foundations.
(c) Interest earned on the restricted account shall be deposited into the General Fund.
(2) The department shall:
(a) administer the restricted account;
(b) obtain from the United States Department of Interior the receipts collected from:
(i) fees in each grazing district; and
(ii) the receipts collected from the sale or lease of public lands; and
(c) distribute restricted account money in accordance with Section 4-20-106.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 20 - Rangeland Improvement Act › Section 106 - Rangeland Improvement Account distribution.

Effective 7/1/2017
4-20-106.
Rangeland Improvement Account distribution.
(1) The department shall distribute restricted account money as provided in this section.
(a) The department shall:
(i) distribute pro rata to each school district the money received by the state under Subsection 4-20-105(1)(b)(i) from the sale or lease of public lands based upon the amount of revenue generated from the sale or lease of public lands within the district; and
(ii) ensure that all money generated from the sale or lease of public lands within a school district is credited and deposited to the general school fund of that school district.
(b)
(i) After the commissioner approves a request from a regional board, the department shall distribute pro rata to each regional board money received by the state under Subsection 4-20-105(1)(b)(i) from fees based upon the amount of revenue generated from the imposition of fees within that grazing district.
(ii) The regional board shall expend money received in accordance with Subsection (2).
(c)
(i) The department shall distribute or expend money received by the state under Subsections 4-20-105(1)(b)(ii) and (iii) for the purposes outlined in Subsection (2).
(ii) The department may require entities seeking funding from sources outlined in Subsections 4-20-105(1)(b)(ii) and (iii) to provide matching funds.
(2) The department shall ensure that restricted account distributions or expenditures under Subsections (1)(b) and (c) are used for:
(a) range improvement and maintenance;
(b) the control of predatory and depredating animals;
(c) the control, management, or extermination of invading species, range damaging organisms, and poisonous or noxious weeds;
(d) the purchase or lease of lands or a conservation easement for the benefit of a grazing district;
(e) watershed protection, development, distribution, and improvement;
(f) the general welfare of livestock grazing within a grazing district; and
(g) subject to Subsection (3), costs to monitor rangeland improvement projects.
(3) Annual account distributions or expenditures for the monitoring costs described in Subsection (2)(g) may not exceed 10% of the annual receipts of the fund.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 20 - Rangeland Improvement Act › Section 107 - Audit of grazing districts -- State auditor to coordinate with Department of Interior in conduct of audit.

Effective 7/1/2017
4-20-107.
Audit of grazing districts -- State auditor to coordinate with Department of Interior in conduct of audit.
The state auditor is authorized to coordinate with the Department of Interior in auditing the books of the several advisory boards.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 20 - Rangeland Improvement Act › Section 108 - Commissioner to supervise distribution of undistributed funds if United States alters or discontinues funding leaving funds or resources available.

Effective 7/1/2017
4-20-108.
Commissioner to supervise distribution of undistributed funds if United States alters or discontinues funding leaving funds or resources available.
If the United States alters or discontinues funding under the Taylor Grazing Act, 43 U.S.C. Sec. 315 et seq., or the operation of advisory boards, leaving funds or other resources undistributed or otherwise without means for continuation, the commissioner shall supervise and control the distribution of such undistributed funds or other resources.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 20 - Rangeland Improvement Act › Section 109 - Promotion of multiple use of rangeland resources.

Effective 7/1/2017
4-20-109.
Promotion of multiple use of rangeland resources.
(1) The department shall work cooperatively to promote efficient multiple-use management of the rangeland resources of the public lands administered by the federal Bureau of Land Management within the state to benefit the overall public interest.
(2) The department may serve as an independent resource for mediating disputes concerning permit issues within the scope of Subsection (1).
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 21 - Beef Promotion › Part 1 - Organization › Section 102 - Definitions.

Effective 7/1/2018
4-21-102.
Definitions.
As used in this chapter:
(1) "Council" means the Utah Beef Council created in Section 4-21-103.
(2) "Department" means the Utah Department of Agriculture and Food created in Section 4-2-102.
(3) "Marketing agency" means a person who acts as an agent of the seller in the sale of cattle in that the person issues payment to the seller and is entitled to a commission based upon the sale.
(4) "Producer" means a person who owns and raises or owns and feeds cattle.
(5) "Purchaser" means a person who buys cattle.
(6) "Seller" means a person who offers cattle for sale.
Renumbered and Amended by Chapter 393, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 21 - Beef Promotion › Part 1 - Organization › Section 103 - Utah Beef Council created -- Composition -- Nomination and selection of appointed members -- Terms of appointed members -- Qualifications for nomination.

Effective 7/1/2018
4-21-103.
Utah Beef Council created -- Composition -- Nomination and selection of appointed members -- Terms of appointed members -- Qualifications for nomination.
(1) There is created an independent state agency known as the Utah Beef Council.
(2) The Utah Beef Council consists of 10 members as follows:
(a) the commissioner of the Utah Department of Agriculture and Food, or the commissioner's designee;
(b) the president of the Utah Cattlemen's Association;
(c) the vice president of the Utah Cattlemen's Association;
(d) a member of the Utah Cattlemen's Association board of directors, chosen by the Utah Cattlemen's Association;
(e) the appointee from Utah on the national beef checkoff Cattlemen's Beef Promotion and Research Board, appointed by the United States Secretary of Agriculture;
(f) the president of the Utah Cattlewomen's Association;
(g) a member of the Utah Dairy Commission, chosen by the Utah Dairy Commission; and
(h) three at-large producers from the state of Utah, appointed as described in Subsection (4).
(3) In addition to the members listed in Subsection (2), the council may appoint nonvoting members.
(4)
(a) At-large candidates for appointment to the council shall be nominated by a formal written request signed by two or more producers and submitted to the council no later than October 1.
(b) A membership committee, consisting of the commissioner or the commissioner's designee, the council member representing the Utah Dairy Commission, and the president of the Utah Cattlemen's Association shall:
(i) select candidates for appointment to the council from the nominees submitted by producers; and
(ii) present the candidates to the governor for review and appointment on or before December 1.
(5)
(a) The governor shall appoint the at-large members to three-year terms beginning on January 1 of the year following appointment to the council.
(b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of at-large members are staggered so that one at-large member is appointed each year.
(6) Each at-large member shall be:
(a) a citizen of the United States;
(b) 18 years of age or older;
(c) an active producer; and
(d) a resident of Utah.
Enacted by Chapter 393, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 21 - Beef Promotion › Part 1 - Organization › Section 104 - Council -- Organization -- Quorum to transact business -- Removal for cause -- Vacancies -- Ineligibility to serve -- Compensation.

Effective 7/1/2018
4-21-104.
Council -- Organization -- Quorum to transact business -- Removal for cause -- Vacancies -- Ineligibility to serve -- Compensation.
(1)
(a) The council members shall elect a chair, vice chair, and secretary annually from the voting members of the council.
(b) At least two of the members elected pursuant to Subsection (1)(a) shall be members listed in Subsection 4-21-103(2)(a), (e), or (h).
(2)
(a) A majority of voting members shall constitute a quorum.
(b) A majority vote of the quorum is necessary for the council to act.
(3) The council shall meet:
(a) at the time and place designated by the chair; and
(b) no less than once every three months.
(4) The commissioner, or the commissioner's designee, may, in consultation with the other members of the membership committee, remove a member for cause.
(5) Vacancies that occur on the council for any reason shall be filled by appointment for the unexpired term of the vacated member.
(6) If an at-large member ceases to act as a producer during the member's term, the member shall resign from the council within 30 days after ceasing production.
(7) Subject to Subsection (8), a member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(8) A nonvoting member may not receive compensation or benefits for the member's service and may not receive per diem or travel expenses.
Enacted by Chapter 393, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 21 - Beef Promotion › Part 1 - Organization › Section 105 - Council powers, duties, and functions -- Reporting requirements.

Effective 7/1/2018
4-21-105.
Council powers, duties, and functions -- Reporting requirements.
(1) The council has the following powers, duties, and functions:
(a) hire and fix the salary of an administrator and staff, who may not be members of the council, to administer the policies adopted and perform the duties assigned by the council;
(b) promote the beef industry of the state;
(c) encourage local, national, and international use of Utah beef, through advertising or otherwise;
(d) investigate and participate in studies of problems unique to Utah producers;
(e) take actions consistent with this chapter to promote, protect, and stabilize the state's beef industry;
(f) enter into contracts and incur indebtedness in furtherance of the council's business activities;
(g) cooperate with local, state, or national organizations engaged in activities similar to those of the council;
(h) accept grants, donations, or gifts for use consistent with this chapter; and
(i) do other things necessary for the efficient and effective management and operation of the council's business.
(2) The council shall:
(a) submit the council's proposed budget and an end-of-year audited financial statement to the department and the Office of the State Auditor within 180 days of the end of each fiscal year;
(b) provide the department, on an annual basis, with a detailed outline of the council's plans for future publications and messaging; and
(c) report, by October 1 of each year, to the Retirement and Independent Entities Interim Committee on the operations and activities of the council.
Enacted by Chapter 393, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 21 - Beef Promotion › Part 1 - Organization › Section 106 - Exemption from certain operational requirements.

Effective 7/1/2021
4-21-106.
Exemption from certain operational requirements.
(1) The council is exempt from:
(a)Title 51, Chapter 5, Funds Consolidation Act;
(b)Title 63A, Utah Government Operations Code;
(c)Title 63G, Chapter 6a, Utah Procurement Code, but the council shall adopt procedures to ensure that the council makes purchases:
(i) in a manner that provides for fair competition between providers; and
(ii) at competitive prices;
(d)Title 63J, Chapter 1, Budgetary Procedures Act; and
(e)Title 63A, Chapter 17, Utah State Personnel Management Act.
(2) The council is subject to:
(a)Title 51, Chapter 7, State Money Management Act;
(b)Title 52, Chapter 4, Open and Public Meetings Act;
(c) Section 67-3-12;
(d)Title 63G, Chapter 2, Government Records Access and Management Act;
(e) other Utah Code provisions not specifically exempted under Subsection 4-21-106(1); and
(f) audit by the state auditor pursuant to Title 67, Chapter 3, Auditor, and by the legislative auditor pursuant to Section 36-12-15.
Amended by Chapter 84, 2021 General Session
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 21 - Beef Promotion › Part 1 - Organization › Section 107 - Council may require surety bond -- Payment of premium.

Effective 7/1/2018
4-21-107.
Council may require surety bond -- Payment of premium.
(1) The council may require the administrator or a council employee to post a surety bond conditioned for the faithful performance of the council's official duties.
(2) The amount and type of bond shall be fixed by the council and each bond premium shall be paid by the council.
Enacted by Chapter 393, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 21 - Beef Promotion › Part 2 - Revenue › Section 201 - Beef promotion fee -- Deposit of revenue.

Effective 7/1/2018
4-21-201.
Beef promotion fee -- Deposit of revenue.
(1)
(a) The department shall collect a fee established as required by Subsection (2) on all fee brand inspected cattle upon change of ownership or slaughter in an amount not more than $1 or less than 25 cents.
(b) The fee is collected by the local brand inspector at the time of inspection of cattle, or deducted and collected by the marketing agency or the purchaser.
(c) All revenue collected under this section shall be paid to the department, which shall deposit the revenue in a fund that is hereby created and is known as the "Beef Promotion Fund."
(2) Any fee currently assessed by the department continues in effect until modified by the department under Subsection (1).
(3) The fee assessed under this section is in addition to the amount of any assessment required to be paid pursuant to the Beef Promotion and Research Act of 1985, 7 U.S.C. Sec. 2901 et seq.
Renumbered and Amended by Chapter 393, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 21 - Beef Promotion › Part 2 - Revenue › Section 202 - Refund of fees allowed -- Claim for refund to be filed with department -- Payment of refunds.

Effective 7/1/2018
4-21-202.
Refund of fees allowed -- Claim for refund to be filed with department -- Payment of refunds.
(1) A person who objects to payment of the assessed fee may file a claim with the department within 60 days after the fee is collected.
(2) A claim for refund is not allowed if it is filed more than 60 days after the date the fee is collected.
(3) Each claim for a refund shall be certified by the department to the state treasurer for payment from the beef promotion account, subject to applicable provisions of the Beef Promotion and Research Act of 1985, 7 U.S.C. Sec. 2901 et seq.
Renumbered and Amended by Chapter 393, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 21 - Beef Promotion › Part 2 - Revenue › Section 203 - Revenue from fees to be used to promote beef industry -- Payment of revenue monthly to Utah Beef Council -- Deduction of costs of administration and processing funds -- Annual audit of books, records, and accounts -- Financial statement of audit published.

Effective 7/1/2018
4-21-203.
Revenue from fees to be used to promote beef industry -- Payment of revenue monthly to Utah Beef Council -- Deduction of costs of administration and processing funds -- Annual audit of books, records, and accounts -- Financial statement of audit published.
(1)
(a) All revenue derived from the collection of fees authorized by this chapter shall be paid to the council and used to promote the beef industry of the state.
(b) The revenue shall be paid monthly, as requested by the council, and the actual costs of administration for processing the funds shall be deducted before disbursing the funds.
(2)
(a) The books, records, and accounts of the council shall be audited at least once annually by a licensed accountant approved by the Office of the State Auditor.
(b) The results of the audit shall be submitted to the commissioner, and a financial statement of the audit and a general statement of operations and promotional and advertising activities shall be published by the council in a major livestock publication having general circulation in Utah.
(3) The books, records, and accounts of the council's activities are public records.
Renumbered and Amended by Chapter 393, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 21 - Beef Promotion › Part 3 - Liability and Enforcement › Section 301 - State disclaimer of liability.

Effective 7/1/2018
4-21-301.
State disclaimer of liability.
The state is not liable for the acts or omissions of the council, council officers, agents, or employees.
Enacted by Chapter 393, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 21 - Beef Promotion › Part 3 - Liability and Enforcement › Section 302 - Council not eligible for coverage under Risk Management Fund.

Effective 7/1/2018
4-21-302.
Council not eligible for coverage under Risk Management Fund.
The council is not eligible to receive coverage under the Risk Management Fund created by Section 63A-4-201.
Enacted by Chapter 393, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 21 - Beef Promotion › Part 3 - Liability and Enforcement › Section 303 - Representation by the attorney general.

Effective 7/1/2018
4-21-303.
Representation by the attorney general.
(1) The attorney general is not the legal advisor for the council and has no obligation to defend the council or the council's members in an action or proceeding brought against the council.
(2) The attorney general may choose, at its sole discretion, to represent the council or its members if requested to do so and pursuant to reimbursement by contract.
Enacted by Chapter 393, 2018 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 22 - Dairy Promotion › Part 1 - Organization › Section 102 - Definitions.

Effective 7/1/2017
4-22-102.
Definitions.
As used in this chapter:
(1) "Commission" means the Utah Dairy Commission.
(2) "Dealer" means any person who buys and processes raw milk or milk fat, or who acts as agent in the sale or purchase of raw milk or milk fat, or who acts as a broker or factor with respect to raw milk or milk fat or any product derived from either.
(3) "Producer" means a person who produces milk or milk fat from cows and who sells it for human or animal consumption, or for medicinal or industrial uses.
(4) "Producer-handler" means any producer who processes raw milk or milk fat.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 22 - Dairy Promotion › Part 1 - Organization › Section 103 - Utah Dairy Commission created.

Effective 5/5/2021
4-22-103.
Utah Dairy Commission created.
(1) There is created an independent state agency known as the Utah Dairy Commission.
(2) Subject to Subsection (5), the Utah Dairy Commission consists of 11 members as follows:
(a) nine voting members as follows:
(i) two from District 1, which consists of Cache and Rich Counties;
(ii) four members from District 2, which consists of Box Elder, Weber, Morgan, Salt Lake, Davis, Utah, Tooele, Wasatch, Summit, Duchesne, Uintah, and Daggett Counties; and
(iii) three members from District 3, which consists of Millard, Beaver, Iron, Washington, Sanpete, Carbon, Emery, Grand, Juab, San Juan, Piute, Wayne, Kane, Garfield, and Sevier Counties; and
(b) two nonvoting members as follows:
(i) the commissioner or the commissioner's designee; and
(ii) the dean of the College of Agriculture at Utah State University, or the dean's designee.
(3) The voting members listed in Subsection (2)(a) shall be elected to four-year terms of office as provided in Section 4-22-105.
(4) A voting member shall enter office on July 1 of the year in which the member is elected. The commission shall stagger the voting members' terms so that no more than three voting members' terms expire in a given year.
(5)
(a) To maintain equitable representation of active milk producers on the commission, the commission may, by a two-thirds vote:
(i) alter the boundaries comprising the districts established in Subsection (2)(a); or
(ii) increase or decrease the number of voting members in each district without altering the total number of commission members.
(b) If the commission increases the number of voting members in a district under this Subsection (5), a new member will be elected as provided in Section 4-22-105.
(c) If the commission decreases the number of voting members in a district under this Subsection (5), each member representing the district will continue in office through the end of the member's term and the member whose term expires first will not be replaced or reelected upon expiration of the member's term.
(d) If the commission acts under this Subsection (5), it shall report the changes to the Natural Resources, Agriculture, and Environment Interim Committee.
(6) A member shall be:
(a) a citizen of the United States;
(b) 21 years old or older;
(c) an active milk producer with five consecutive years of experience in milk production within this state immediately preceding election; and
(d) a resident of Utah and the district represented.
Amended by Chapter 295, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 22 - Dairy Promotion › Part 1 - Organization › Section 104 - Commission -- Organization -- Quorum to transact business -- Vacancies -- Ineligibility to serve -- Compensation.

Effective 7/1/2017
4-22-104.
Commission -- Organization -- Quorum to transact business -- Vacancies -- Ineligibility to serve -- Compensation.
(1) The members of the commission shall elect a chair, vice chair, and secretary from the commission.
(2) Attendance of a simple majority of the commission members at a called meeting shall constitute a quorum for the transaction of official business.
(3) The commission shall meet:
(a) at the time and place designated by the chair; and
(b) no less often than once every three months.
(4) Vacancies that occur on the commission for any reason shall be filled for the unexpired term of the vacated member by appointment of a majority of the remaining members.
(5) If a member moves from the district that the member represents or ceases to act as a producer during the member's term of office, the member shall resign from the commission within 30 days after moving from the district or ceasing production.
(6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 22 - Dairy Promotion › Part 1 - Organization › Section 105 - Commission to conduct elections -- Nomination of candidates -- Expenses of election paid by commission.

Effective 7/1/2017
4-22-105.
Commission to conduct elections -- Nomination of candidates -- Expenses of election paid by commission.
(1)
(a) The commissioner shall administer all commission elections.
(b) The commissioner shall mail a ballot to each producer within the district in which an election is to be held by May 15 of each election year.
(c) The candidate who receives the highest number of votes cast in the candidate's district shall be elected.
(d) The commissioner shall determine all questions of eligibility.
(e) A ballot shall be postmarked by May 31 of an election year.
(f)
(i) All ballots received by the commissioner shall be counted and tallied by June 15.
(ii) A member of the commission whose name appears on a ballot may not participate in counting or tallying the ballots.
(2) Candidates for election to the commission shall be nominated, not later than April 15, by a petition signed by two or more producers who are residents of the district in which the election is to be held.
(3) The names of all nominees shall be submitted to the commissioner on or before May 1 of each election year.
(4) All election expenses incurred by the commissioner shall be paid by the commission.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 22 - Dairy Promotion › Part 1 - Organization › Section 106 - Commission powers, duties, and functions.

Effective 2/24/2020
4-22-106.
Commission powers, duties, and functions.
The commission has and shall exercise the following functions, powers, and duties:
(1) to use one of the following means to administer the policies adopted, and perform the duties assigned, by the commission:
(a) employ and fix the compensation of one or more individuals who are not members of the commission; or
(b) retain and fix the compensation of an entity, including an entity engaged in activities similar to the commission;
(2) to conduct a campaign of research, nutritional education, and publicity, showing the value of milk, cream, and dairy products;
(3) to encourage local, national, and international use of Utah dairy products and by-products, through marketing or otherwise;
(4) to investigate and participate in studies of problems peculiar to producers in Utah and to take the actions consistent with this chapter in an effort to promote, protect, and stabilize the state dairy industry;
(5) to sue and be sued, prosecute actions in the name of the state for the collection of the assessment imposed by Section 4-22-201, enter into contracts, and incur indebtedness in furtherance of the commission's business activities;
(6) to cooperate with any local, state, or national organization engaged in activities similar to those of the commission;
(7) to accept grants, donations, or gifts for use consistent with this chapter; and
(8) to do other things necessary for the efficient and effective management and operation of the commission's business.
Amended by Chapter 6, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 22 - Dairy Promotion › Part 1 - Organization › Section 107 - Exemption from certain operational requirements.

Effective 7/1/2021
4-22-107.
Exemption from certain operational requirements.
(1) The commission is exempt from:
(a)Title 51, Chapter 5, Funds Consolidation Act;
(b)Title 51, Chapter 7, State Money Management Act;
(c)Title 63A, Utah Government Operations Code;
(d)Title 63G, Chapter 6a, Utah Procurement Code, but the commission shall adopt procedures to ensure that the commission makes purchases:
(i) in a manner that provides for fair competition between providers; and
(ii) at competitive prices;
(e)Title 63J, Chapter 1, Budgetary Procedures Act; and
(f)Title 63A, Chapter 17, Utah State Personnel Management Act.
(2) The commission is subject to:
(a)Title 52, Chapter 4, Open and Public Meetings Act;
(b) Section 67-3-12; and
(c)Title 63G, Chapter 2, Government Records Access and Management Act.
Amended by Chapter 84, 2021 General Session
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 22 - Dairy Promotion › Part 1 - Organization › Section 108 - Commission may require surety bond -- Payment of premium.

Effective 7/1/2017
4-22-108.
Commission may require surety bond -- Payment of premium.
The commission may require the administrator, or any commission employees, to post a surety bond conditioned for the faithful performance of the commission's official duties. The amount, form, and kind of such a bond shall be fixed by the commission and each bond premium shall be paid by the commission.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 22 - Dairy Promotion › Part 2 - Assessment › Section 201 - Assessment imposed on sale of milk or cream produced, sold, or contracted for sale in state -- Time of assessment -- Collection by dealer or producer-handler -- Penalty for delinquent payment or collection -- Statement to be given to producer.

Effective 2/24/2020
4-22-201.
Assessment imposed on sale of milk or cream produced, sold, or contracted for sale in state -- Time of assessment -- Collection by dealer or producer-handler -- Penalty for delinquent payment or collection -- Statement to be given to producer.
(1) An assessment of 10 cents is imposed upon each 100 pounds of milk or cream produced and sold, or contracted for sale, through commercial channels in this state.
(2) The assessment shall be:
(a) based upon daily or monthly settlements; and
(b) due at a time set by the commission, which may not be later than the last day of the month next succeeding the month of sale.
(3)
(a) The assessment shall be:
(i) assessed against the producer at the time the milk or milk fat is delivered for sale;
(ii) deducted from the sales price; and
(iii) collected by the dealer or producer-handler.
(b) The proceeds of the assessment shall be paid directly to the commission who shall issue a receipt to the dealer or producer-handler.
(c) If a dealer or producer-handler fails to remit the proceeds of the assessment or deduct the assessment on time:
(i) a penalty equal to 10% of the amount due is to be added to the assessment; and
(ii) the commission may bring an action against the dealer or producer-handler for:
(A) injunctive relief compelling payment of the assessment and penalty;
(B) damages, including interest at the statutory prejudgment rate from the date the payment was due;
(C) costs of collection, including reasonable attorney fees, whether incurred in litigation or otherwise; and
(D) other relief to which the commission may be entitled at law or in equity.
(4)
(a) At the time of payment of the assessment, the dealer or producer-handler shall deliver a statement to the producer calculating the assessment.
(b) The commission may require other relevant information to be included in the statement.
(5) If the mandatory assessment required by the Dairy and Tobacco Adjustment Act of 1983, Pub. L. No. 98-180, 97 Stat. 1128 (1150.152), is abolished, a producer who objects to payment of the assessment imposed under this section may, by January 31, submit a written request to the commission for a refund of the amount of the assessment the producer paid during the previous year.
Amended by Chapter 6, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 22 - Dairy Promotion › Part 2 - Assessment › Section 202 - Revenue from assessment used to promote dairy industry -- Deposit of money -- Annual audit of books, records, and accounts -- Annual financial report to producers.

Effective 2/24/2020
4-22-202.
Revenue from assessment used to promote dairy industry -- Deposit of money -- Annual audit of books, records, and accounts -- Annual financial report to producers.
(1) The revenue derived from the assessment imposed by Section 4-22-201 shall be used exclusively for the:
(a) administration of this chapter; and
(b) promotion of the state's dairy industry.
(2) The commission may deposit the proceeds of the assessment in one or more accounts in one or more banks approved by the state as depositories.
(3)
(a) The commission shall keep a voucher, receipt, or other written record for each withdrawal from the commission accounts.
(b) Money may not be withdrawn from the commission accounts except:
(i) upon order of the commission; or
(ii) pursuant to a procedure adopted by the commission if the withdrawal is subsequently ratified by the commission.
(4) The books, records, and accounts of the commission's activities are public records.
(5)
(a) The accounts of the commission shall be audited once annually by a licensed accountant selected by the commission and approved by the state auditor.
(b) The results of the audit shall be submitted to the:
(i) commissioner;
(ii) commission; and
(iii) Division of Finance.
(c) The commission shall send annually a financial report to each producer.
Amended by Chapter 6, 2020 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 22 - Dairy Promotion › Part 2 - Assessment › Section 203 - Additional assessment for government liaison and industry relations programs -- Exemption from the assessment.

Effective 7/1/2017
4-22-203.
Additional assessment for government liaison and industry relations programs -- Exemption from the assessment.
(1) In addition to the assessment provided in Section 4-22-201, an assessment of three-fourths of one cent is imposed upon each 100 pounds of milk or cream produced and sold, or contracted for sale, through commercial channels in this state for the purposes specified in Subsection (3).
(2) The three-fourths of one cent assessment shall be paid in the same manner as the assessment required by Section 4-22-201.
(3) The commission shall use the revenue derived from the three-fourths of one cent assessment imposed by this section to contract out for services and expenses of government liaison and industry relations programs created to stabilize and protect the state's dairy industry and the health and welfare of the public.
(4) A producer who objects to payment of the assessment imposed by this section may, by January 31, submit a written request to the commission to be exempted from payment of the assessment for that year. By January 1 each year, the commission shall send to each person subject to the assessment a postage-paid, self-addressed postcard which may be returned to request an exemption.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 22 - Dairy Promotion › Part 3 - Liability and Enforcement › Section 301 - State disclaimer of liability.

Effective 7/1/2017
4-22-301.
State disclaimer of liability.
The state is not liable for the acts or omissions of the commission, commission officers, agents, or employees.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 22 - Dairy Promotion › Part 3 - Liability and Enforcement › Section 302 - Commission not eligible for coverage under Risk Management Fund.

Effective 7/1/2017
4-22-302.
Commission not eligible for coverage under Risk Management Fund.
The commission is not eligible to receive coverage under the Risk Management Fund created under Section 63A-4-201.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 22 - Dairy Promotion › Part 3 - Liability and Enforcement › Section 303 - Enforcement -- Inspection of books and records of dealer or producer-handler.

Effective 7/1/2017
4-22-303.
Enforcement -- Inspection of books and records of dealer or producer-handler.
The commission at reasonable times may enter upon the premises and inspect the records of any dealer or producer-handler for the purpose of enforcing this chapter.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 23 - Agricultural and Wildlife Damage Prevention Act › Section 102 - Purpose declaration.

Effective 7/1/2017
4-23-102.
Purpose declaration.
The Legislature finds and declares that it is important to the economy of the state to maintain agricultural production at the highest possible level and at the same time, to promote, to protect, and preserve the wildlife resources of the state.
Renumbered and Amended by Chapter 345, 2017 General Session
2023 Utah Code › Title 4 - Utah Agricultural Code › Chapter 23 - Agricultural and Wildlife Damage Prevention Act › Section 103 - Definitions.

Effective 7/1/2017
4-23-103.
Definitions.
As used in this chapter:
(1) "Agricultural crops" means any product of cultivation;
(2) "Board" means the Agricultural and Wildlife Damage Prevention Board;
(3) "Bounty" means the monetary compensation paid to persons for the harvest of predatory or depredating animals;
(4) "Damage" means any injury or loss to livestock, poultry, agricultural crops, or wildlife inflicted by predatory or depredating animals or depredating birds;
(5) "Depredating animal" means a field mouse, gopher, ground squirrel, jack rabbit, raccoon, or prairie dog;
(6) "Depredating bird" means a Brewer's blackbird or starling;
(7) "Livestock" means cattle, horses, mules, sheep, goats, and swine;
(8) "Predatory animal" means any coyote; and
(9) "Wildlife" means any form of animal life generally living in a state of nature, except a predatory animal or a depredating animal or bird.
Renumbered and Amended by Chapter 345, 2017 General Session