| (1) |
To enforce a provision in this title, the department may:
Terms Used In Utah Code 4-1-105- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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.
- Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
- 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
- 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.
| (a) |
enter, at reasonable times, and inspect a public or private premises where an agricultural product is located; and |
| (b) |
obtain a sample of an agricultural product at no charge to the department, unless otherwise specified in this title. |
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| (2) |
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 to the premises to inspect or obtain a sample. |
| (3) |
| (a) |
The department is authorized in a court of competent jurisdiction to:
| (i) |
seek an order of seizure or condemnation of an agricultural product that violates this title; or |
| (ii) |
upon proper grounds, obtain a temporary restraining order or temporary or permanent injunction to prevent violation of this title. |
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| (b) |
The court may not require a bond of the department in an injunctive proceeding brought under this section. |
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| (4) |
| (a) |
If the court orders condemnation, the department shall dispose of the agricultural product as the court directs. |
| (b) |
The court may not order condemnation without giving the claimant of the agricultural product an opportunity to apply to the court for permission to:
| (i) |
bring the agricultural product into conformance; or |
| (ii) |
remove the agricultural product from the state. |
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| (5) |
If the department prevails in an action authorized by Subsection (3)(a), the court shall award court costs, fees, storage, and other costs to the department. |
| (6) |
| (a) |
Unless otherwise specifically provided by this title, the county attorney of the county in which the product is located or the act is committed shall represent the department in an action commenced under authority of this section. |
| (b) |
The attorney general shall represent the department in an action to enforce:
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| (7) |
| (a) |
In a criminal action brought by the department for violation of this title, the county attorney or district attorney in the county in which the alleged criminal activity occurs shall represent the state. |
| (b) |
Before the department pursues a criminal action, the department shall first give to the person the department intends to have charged:
| (i) |
written notice of the department’s intent to file criminal charges; and |
| (ii) |
an opportunity to present, personally or through counsel, the person’s views with respect to the contemplated action. |
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| (8) |
A witness subpoenaed by the department for whatever purpose is entitled to:
| (a) |
a witness fee for each day of required attendance at a proceeding initiated by the department; and |
| (b) |
mileage in accordance with the fees and mileage allowed a witness appearing in a district court of this state. |
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Renumbered and Amended by Chapter 345, 2017 General Session
