Utah Code 4-9-111. Enforcement powers of department

(1)

For the purpose of enforcing this chapter, the department may:

Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
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.
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Package: means a commodity put up or packaged before sale in either wholesale or retail saleunits. See Utah Code 4-9-102
Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
Sale from bulk: means the sale of commodities, when the quantity is determined at the time of sale. See Utah Code 4-9-102
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.
Weight: means net weight, unless the label declares that the product is sold by drained weight, in which case "weight" means net drained weight. See Utah Code 4-9-102
Writing: includes :Utah Code 68-3-12.5

(a)	enter any commercial premises during normal working hours after the presentation of credentials;

(b)	issue in writing a “stop-use, hold, or removal order” with respect to any weights or measures commercially used or a “stop sale, use, or removal order” with respect to any packaged commodity or bulk commodity offered for sale;

(c)	seize as evidence, without formal warrant, any incorrect or unapproved weight, measure, package, or commodity offered for sale or sold in violation of this chapter;

(d)

(i)	seek an order of seizure or condemnation of any weight, measure, package, or sale from bulk that violates this chapter; or

(ii)	upon proper grounds, obtain a temporary restraining order or permanent injunction to prevent a violation of this chapter; and

(e)

stop any commercial vehicle and after presenting credentials:

(i)	inspect its contents;

(ii)	require the person in charge of the vehicle to produce any documents in his possession concerning the contents; or

(iii)

require the person in charge of the vehicle to proceed with the vehicle to some specified place for inspection.

(2)	If an order has been issued under Subsection (1)(b), the weights, measures, or commodities subject to the order may not be used, moved, or offered for sale until the department issues a written release.

(3)	A bond may not be required of the department in any injunctive proceeding brought under this section.

Renumbered and Amended by Chapter 345, 2017 General Session