Terms Used In Utah Code > Title 4 > Chapter 18 - Conservation Commission Act

• Adherent yolk: means the yolk has settled to one side and become fastened to the shell. See Utah Code 4-4-103
• Adjacent political subdivision: means a political subdivision of the state with a boundary that abuts the lake authority boundary or includes lake authority land. See Utah Code 11-65-101
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Advertisement: means a representation, other than by labeling, made to induce the purchase of food. See Utah Code 4-5-102
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agricultural discharge: means the release of agriculture water from the property of a farm, ranch, or feedlot that:

  (i)	pollutes a surface body of water, including a stream, lake, pond, marshland, watercourse, waterway, river, ditch, or other water conveyance system;

  (ii)	pollutes ground water; or

  (iii)

  constitutes a significant nuisance to urban land. See Utah Code 4-18-103 Agricultural operation: means a farm, ranch, or animal feeding operation. See Utah Code 4-18-103 Agriculture: means the science and art of the production of plants and animals useful to man, including the preparation of plants and animals for human use and disposal by marketing or otherwise. See Utah Code 4-1-109 Agriculture water: means : (a)  water used by a farm, ranch, or feedlot for the production of food, fiber, or fuel; (b)  the return flow of water from irrigated agriculture; or (c)  agricultural storm water runoff. See Utah Code 4-18-103 Albumen: means the white of an egg. See Utah Code 4-4-103 Alternate: means a substitute for a district supervisor if the district supervisor cannot attend a meeting. See Utah Code 4-18-103 Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Animal feeding operation: means a facility where animals, other than aquatic animals, are stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period. See Utah Code 4-18-103 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Authority: means the Point of the Mountain State Land Authority, created in Section 11-59-201. See Utah Code 11-59-102 Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Beneficiary: means a person holding a certificate representing a beneficial interest in the trust estate and assets. See Utah Code 16-15-102 Best management practices: means practices, including management policies and the use of technology, used by each sector of agriculture in the production of food and fiber that are commonly accepted practices, or that are at least as effective as commonly accepted practices, and that: (a)  protect the environment; (b)  protect human health; (c)  ensure the humane treatment of animals; and (d)  promote the financial viability of agricultural production. See Utah Code 4-18-103 Black rot: means the egg has deteriorated to such an extent that the whole interior presents a blackened appearance. See Utah Code 4-4-103 Black spot: means mold or bacteria have developed in isolated areas inside the shell. See Utah Code 4-4-103 Blood ring: means bacteria have developed to such an extent that blood is formed. See Utah Code 4-4-103 Board: means the lake authority's governing body, created in Section 11-65-301. See Utah Code 11-65-101 Board: means the authority's board, created in Section 11-59-301. See Utah Code 11-59-102 Cage-free housing system: includes , to the extent the system is a system described in Subsection (1)(a) and is not excluded by Subsection (1)(c), a multi-tiered aviary, partially slatted system, single-level all-litter floor system, and any future system that is a system described in Subsection (1)(a) and is not excluded by Subsection (1)(c). See Utah Code 4-4a-102 Candling: means the act of determining the condition of an egg by holding it before a strong light in such a way that the light shines through the egg and reveals the egg's contents. See Utah Code 4-4-103 Certified agricultural operation: means an agricultural operation that is certified under the Utah Agriculture Certificate of Environmental Stewardship Program in accordance with Section 4-18-107. See Utah Code 4-18-103 Certified conservation planner: means a planner of a state conservation district, or other qualified planner, that is approved by the commission to certify an agricultural operation under the Utah Agriculture Certificate of Environmental Stewardship Program, created in Section 4-18-107. See Utah Code 4-18-103 Chambers: A judge's office. City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Colorado River Salinity Offset Program: means a program, administered by the Division of Water Quality, allowing oil, gas, or mining companies and other entities to provide funds to finance salinity reduction projects in the Colorado River Basin by purchasing salinity credits as offsets against discharges made by the company under permits issued by the Division of Water Quality. See Utah Code 4-18-201 Commercial trampoline: means a device that: (a)  incorporates a trampoline bed; and (b)  is used for recreational jumping, springing, bouncing, acrobatics, or gymnastics in a trampoline park. See Utah Code 11-63-102 Commission: means the Conservation Commission created in Section 4-18-104. See Utah Code 4-18-103 Commission: means the Conservation Commission created in Section 4-18-104. See Utah Code 4-18-302 Commission: means the Utah Horse Racing Commission created by this chapter. See Utah Code 4-38-102 Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109 Commissioner: means the commissioner of agriculture and food or the commissioner's designee. See Utah Code 4-18-302 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Consumer commodity: means a food, as defined by this chapter, or by the federal act. See Utah Code 4-5-102 Contaminated: means not securely protected from dust, dirt, or foreign or injurious agents. See Utah Code 4-5-102 Contract: A legal written agreement that becomes binding when signed. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Deed: The legal instrument used to transfer title in real property from one person to another. Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109 Division: means the Division of Corporations and Commercial Code. See Utah Code 16-15-102 Donor: The person who makes a gift. Egg-laying hen: means a female domesticated chicken kept for the purpose of commercial egg production. See Utah Code 4-4a-102 Eligible entities: means public, governmental, and private entities, including: (a)  conservation districts; (b)  producers; (c)  groups of producers; (d)  producer groups; (e)  producer cooperatives; (f)  water conservancy districts; (g)  American Indian Tribes; (h)  nonprofit entities; (i)  academic or research institutions and subdivisions of these institutions; (j)  the United States or any corporation or agency created or designed by the United States; or (k)  the state or any of the state's agencies or political subdivisions. See Utah Code 4-18-302 Emergency response plan: means a written plan of action for the reasonable and appropriate contact, deployment, and coordination of services, agencies, and personnel to provide the earliest possible response to an injury or emergency. See Utah Code 11-63-102 Enclosure: means a structure used to confine an egg-laying hen. See Utah Code 4-4a-102 End consumer: means a household consumer, restaurant, institution, or any other person who has purchased or received shell eggs for consumption. See Utah Code 4-4-103 Environmental benefits: means benefits to natural and agricultural resources and human health, including: (a)  improved air quality; (b)  surface or ground water quality and quantity; (c)  improved soil health, including nutrient cycling, soil fertility, or drought resilience; (d)  reductions in agricultural inputs; (e)  carbon sequestration or climate resilience; (f)  increased biodiversity; or (g)  improved nutritional quality of agricultural products. See Utah Code 4-18-302 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Escrow: Money given to a third party to be held for payment until certain conditions are met. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Facilities division: means the Division of Facilities Construction and Management, created in Section 63A-5b-301. See Utah Code 11-59-102 Farm: means the land, buildings, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food. See Utah Code 4-4a-102 Farm: means an agricultural operation, under management by one entity, that grows or harvests crops. See Utah Code 4-5-102 Farmers market: means a market where a producer of a food product sells only a fresh, raw, whole, unprocessed, and unprepared food item directly to the final consumer. See Utah Code 4-5-102 Federal act: means the Federal Food, Drug, and Cosmetic Act, 21 U. See Utah Code 4-5-102 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Fodder: means food for livestock. See Utah Code 4-18-103 Food: means : (a)  an article used for food or drink for human or animal consumption or the components of the article; (b)  chewing gum or chewing gum components; or (c)  a food supplement for special dietary use that is necessitated because of a physical, physiological, pathological, or other condition. See Utah Code 4-5-102 Food additive: includes a substance or source of radiation intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food. See Utah Code 4-5-102 Food establishment: means a grocery store, bakery, candy factory, food processor, bottling plant, sugar factory, cannery, farm, rabbit processor, meat processor, flour mill, cold or dry warehouse storage, or other facility where food products are manufactured, canned, processed, packaged, stored, transported, prepared, sold, or offered for sale. See Utah Code 4-5-102 Fraud: Intentional deception resulting in injury to another. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Grantor: The person who establishes a trust and places property into it. Hydroponic: means a technique for growing plants without soil. See Utah Code 4-18-103 Incentives: means monetary incentives, including grants and loans, or non-monetary incentives, including equipment, technical assistance, educational materials, outreach, and market development assistance for market premiums or ecosystem services markets. See Utah Code 4-18-302 Inherent risk: means a danger or condition that is an integral part of an activity occurring at a trampoline park. See Utah Code 11-63-102 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Inspection: means a procedure that an inspector conducts to: (a)  determine whether a trampoline park facility, including any device or material, is constructed, assembled, maintained, tested, and operated in accordance with this chapter and the manufacturer's recommendations; (b)  determine the operational safety of a trampoline park facility, including any device or material; and (c)  determine whether the trampoline park's policies and procedures comply with this chapter. See Utah Code 11-63-102 Inspector: means an individual who: (a)  conducts an inspection of a trampoline park to certify compliance with this chapter and industry safety standards; and (b)  (i)  is certified by: (A)  an organization that develops and publishes consensus standards for a wide range of materials, products, systems, and services that are used for trampolines; or (B)  an organization that promotes trampoline park safety and adopts the standards described in Subsection (5)(b)(i)(A); (ii)  represents the insurer of the trampoline park; (iii)  represents or is certified by a department or agency, regardless of whether the agency is located within the state, that: (A)  inspects amusement and recreational facilities and equipment; and (B)  certifies and trains professional private industry inspectors through written testing and continuing education requirements; or (iv)  represents an organization that the United States Olympic Committee designates as the national governing body for gymnastics. See Utah Code 11-63-102 Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Label: means a written, printed, or graphic display on the immediate container of an article of food. See Utah Code 4-5-102 Labeling: means a label and other written, printed, or graphic display: (a)  on an article of food or the article of food's container or wrapper; or (b)  accompanying the article of food. See Utah Code 4-5-102 Lake authority: means the Utah Lake Authority, created in Section 11-65-201. See Utah Code 11-65-101 Lake authority boundary: means the boundary: (a)  defined by recorded boundary settlement agreements between private landowners and the Division of Forestry, Fire, and State Lands; and (b)  that separates privately owned land from Utah Lake sovereign land. See Utah Code 11-65-101 Lake authority land: means land on the lake side of the lake authority boundary. See Utah Code 11-65-101 Land: includes :Utah Code 68-3-12.5 Land manager: means a manager of land where agricultural activities occur, including: (a)  a federal land manager; (b)  a lessee of federal, tribal, state, county, municipal, or private land where agricultural activities occur; or (c)  others as the department may determine. See Utah Code 4-18-302 Landowner: means an owner of record of federal, tribal, state, county, municipal, or private land where agricultural activities occur. See Utah Code 4-18-302 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Livestock: means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit. See Utah Code 4-1-109 Local regulating authority: means the business licensing division of: (a)  the city, town, or metro township in which the trampoline park is located; or (b)  if the trampoline park is located in an unincorporated area, the county. See Utah Code 11-63-102 Management: means work to coordinate and facilitate the improvement of Utah Lake, including work to enhance the long-term viability and health of Utah Lake and to produce economic, aesthetic, recreational, environmental, and other benefits for the state, consistent with the strategies, policies, and objectives described in this chapter. See Utah Code 11-65-101 Management plan: means a plan to conceptualize, design, facilitate, coordinate, encourage, and bring about the management of the lake authority land to achieve the policies and objectives described in Section 11-65-203. See Utah Code 11-65-101 Moldy: means mold spores have formed within the shell. See Utah Code 4-4-103 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Multi-tiered aviary: means a cage-free housing system where egg-laying hens have unfettered access to multiple elevated flat platforms that provide the egg-laying hens with usable floor space both on top of and underneath the platforms. See Utah Code 4-4a-102 Nonvoting member: means an individual appointed as a member of the board under Subsection 11-65-302(6) who does not have the power to vote on matters of lake authority business. See Utah Code 11-65-101 nutrient management plan: means a plan to properly store, handle, and spread manure and other agricultural byproducts to: (a)  protect the environment; and (b)  provide nutrients for the production of crops. See Utah Code 4-18-103 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Operator: means a person who owns, manages, or controls or who has the duty to manage or control the operation of a trampoline park. See Utah Code 11-63-102 Organization: means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. See Utah Code 4-1-109 Oversight: Committee review of the activities of a Federal agency or program. Package: means a container or wrapping in which a consumer commodity is enclosed for use in the delivery or display of the consumer commodity to retail purchasers. See Utah Code 4-5-102 Partially slatted system: means a cage-free housing system where egg-laying hens have unfettered access to elevated flat platforms under which manure drops through the flooring to a pit or litter removal belt below. See Utah Code 4-4a-102 Participant: means an individual that uses trampoline park equipment. See Utah Code 11-63-102 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109 Person: means :Utah Code 68-3-12.5 Person: means an individual, general partnership, limited liability partnership, limited partnership, limited liability company, limited association, domestic or foreign trust, estate, association, or corporation. See Utah Code 16-15-102 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Pesticide: means a substance intended: (i)  to prevent, destroy, repel, or mitigate a pest, as defined under Section 4-14-102; or (ii)  for use as a plant regulator, defoliant, or desiccant. See Utah Code 4-5-102 Point of the mountain state land: means the approximately 700 acres of state-owned land in Draper, including land used for the operation of a state correctional facility until completion of the new correctional facility and state-owned land in the vicinity of the current state correctional facility. See Utah Code 11-59-102 Pollution: means a harmful human-made or human-induced alteration to the water of the state, including an alteration to the chemical, physical, biological, or radiological integrity of water that harms the water of the state. See Utah Code 4-18-103 Principal display panel: means that part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale. See Utah Code 4-5-102 Probable cause: A reasonable ground for belief that the offender violated a specific law. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Produce: means a food that is a: (a)  fruit, vegetable, mix of intact fruits and vegetables, mushroom, sprout from any seed source, peanut, tree nut, or herb; and (b)  raw agricultural commodity. See Utah Code 4-5-102 Program: means the Utah Soil Health Program created in Section 4-18-303. See Utah Code 4-18-302 Project area: means an area that is identified in a project area plan as the area where the management described in the project area plan will occur. See Utah Code 11-65-101 Project area plan: means a written plan that, after the plan's effective date, manages activity within a project area within the scope of a management plan. See Utah Code 11-65-101 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public entity: means : (a)  the state, including each department, division, or other agency of the state; or (b)  a county, city, town, metro township, school district, special district, special service district, interlocal cooperation entity, community reinvestment agency, or other political subdivision of the state. See Utah Code 11-65-101 Quorum: The number of legislators that must be present to do business. Raw agricultural commodity: means a food in the food's raw or natural state, including all fruits that are washed, colored, or otherwise treated in the fruit's unpeeled, natural form before marketing. See Utah Code 4-5-102 real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Registration: means the commissioner's issuance of a certificate to a qualified food establishment. See Utah Code 4-5-102 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Research project: includes projects at experiment stations, on: (i)  lands owned by the United States or any corporation or agency created or designed by the United States; (ii)  lands owned by the state or any of the state's agencies or political subdivisions; or (iii)  private lands. See Utah Code 4-18-302 Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Single-level all-litter floor system: means a cage-free housing system bedded with litter where egg-laying hens have limited or no access to elevated flat platforms. See Utah Code 4-4a-102 Small producer: means a producer of shell eggs: (a)  having less than 3,000 layers; (b)  selling only to an end consumer; and (c)  who is exempt from 21 C. See Utah Code 4-4-103 Soil health: means the continued capacity of soil to function as a vital living ecosystem that sustains plants, animals, and humans. See Utah Code 4-18-302 Soil health activities: means implementation of soil health practices, research projects, demonstration projects, or educational projects, or other activities the department finds necessary or appropriate to promote soil health. See Utah Code 4-18-302 Soil Health Advisory Committee: means the committee created in Section 4-18-306. See Utah Code 4-18-302 Soil health grant program: means the grant program authorized in Section 4-18-304. See Utah Code 4-18-302 Soil health practices: means those practices that may contribute to soil health, including: (a)  no-tillage; (b)  conservation tillage; (c)  crop rotations; (d)  intercropping; (e)  cover cropping; (f)  planned grazing; (g)  the application of soil amendments that add carbon or organic matter, including biosolids, manure, compost, or biochar; (h)  revegetation; or (i)  other practices the department determines contribute or have the potential to contribute to soil health. See Utah Code 4-18-302 Sovereign land: means land: (a)  lying below the ordinary high water mark of a navigable body of water at the date of statehood; and (b)  owned by the state by virtue of the state's sovereignty. See Utah Code 11-65-101 Sprout: means the shoot of a plant generally harvested when cotyledons are undeveloped or underdeveloped and mature leaves have not emerged. See Utah Code 4-5-102 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 State technical standards: means a collection of best management practices that will protect the environment in a reasonable and economical manner for each sector of agriculture as required by this chapter. See Utah Code 4-18-103 Statute: A law passed by a legislature. Sustainable agriculture: means agriculture production and practices that promote: (a)  the environmental responsibility of owners and operators of farms, ranches, and feedlots; and (b)  the profitability of owners and operators of farms, ranches, and feedlots. See Utah Code 4-18-103 Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Trampoline bed: means the flexible surface of a trampoline on which a user jumps or bounces. See Utah Code 11-63-102 Trampoline court: means an area of a trampoline park comprising: (a)  multiple commercial trampolines; or (b)  at least one commercial trampoline and at least one associated foam or inflatable bag pit. See Utah Code 11-63-102 Trampoline park: means a place of business that offers the recreational use of a trampoline court for a fee. See Utah Code 11-63-102 Trustee: A person or institution holding and administering property in trust. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Usable floor space: includes both ground space and elevated level or nearly level flat platforms upon which hens can roost, but does not include perches or ramps. See Utah Code 4-4a-102 Utah Lake: includes all waters of Utah Lake and all land, whether or not submerged under water, within the lake authority boundary. See Utah Code 11-65-101 Veteran: means an individual who:Utah Code 68-3-12.5 Voting member: means an individual appointed as a member of the board under Subsection 11-65-302(2). See Utah Code 11-65-101 white rot: means putrid or rotten. See Utah Code 4-4-103 Writing: includes :Utah Code 68-3-12.5