(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.

Terms Used In Utah Code 4-13-108

  • 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.
  • Blender: means a person engaged in the business of blending or mixing fertilizer, soil amendments, or both. See Utah Code 4-13-102
  • Brand: means a term, design, or trade mark used in connection with one or several grades of fertilizer or soil amendment. See Utah Code 4-13-102
  • 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.
  • Fertilizer: means a substance that contains one or more recognized plant nutrients that is used for the substance's plant nutrient content and is designed for use or claimed to have value in promoting plant growth, exclusive of unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, gypsum, and other products exempted by rule. See Utah Code 4-13-102
  • 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.
  • Writing: includes :Utah Code 68-3-12.5
(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

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