Superseded 4/1/2024)

Superseded 4/1/2024
4-2-103.  Functions, powers, and duties of department — Fees for services — Marketing orders — Procedure — Purchasing and auditing.

(1)  The department shall:

Terms Used In Utah Code 4-2-103

  • 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
  • Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • 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
  • 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
  • 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
  • Subpoena: A command to a witness to appear and give testimony.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)  inquire into and promote the interests and products of agriculture and allied industries;

(b)  promote methods for increasing the production and facilitating the distribution of the agricultural products of the state;

(c) 

(i)  inquire into the cause of contagious, infectious, and communicable diseases among livestock and the means for their prevention and cure; and

(ii)  initiate, implement, and administer plans and programs to prevent the spread of diseases among livestock;

(d)  encourage experiments designed to determine the best means and methods for the control of diseases among domestic and wild animals;

(e)  issue marketing orders for any designated agricultural product to:

(i)  promote orderly market conditions for any product;

(ii)  give the producer a fair return on the producer’s investment at the marketplace; and

(iii)  only promote and not restrict or restrain the marketing of Utah agricultural commodities;

(f)  administer and enforce all laws assigned to the department by the Legislature;

(g)  establish standards and grades for agricultural products and fix and collect reasonable fees for services performed by the department in conjunction with the grading of agricultural products;

(h)  establish operational standards for any establishment that manufactures, processes, produces, distributes, stores, sells, or offers for sale any agricultural product;

(i)  adopt, according to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, rules necessary for the effective administration of the agricultural laws of the state;

(j)  when necessary, make investigations, subpoena witnesses and records, conduct hearings, issue orders, and make recommendations concerning matters related to agriculture;

(k) 

(i)  inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or any private or public place that may become infested or infected with harmful insects, plant diseases, noxious or poisonous weeds, or other agricultural pests;

(ii)  establish and enforce quarantines;

(iii)  issue and enforce orders and rules for the control and eradication of pests, wherever they may exist within the state; and

(iv)  perform other duties relating to plants and plant products considered advisable and not contrary to law;

(l)  inspect apiaries for diseases inimical to bees and beekeeping;

(m)  take charge of any agricultural exhibit within the state, if considered necessary by the department, and award premiums at that exhibit;

(n)  provide for the coordination of state conservation efforts, including by:

(i)  assisting the Conservation Commission in the administration of Chapter 18, Conservation Commission Act;

(ii)  implementing Chapter 46, Conservation Coordination Act, including entering into agreements with other state agencies; and

(iii)  administering and disbursing money available to assist conservation districts in the state in the conservation of the state’s soil and water resources;

(o)  participate in the United States Department of Agriculture certified agricultural mediation program, in accordance with 7 U.S.C. § 5101 and 7 C.F.R. part 785;

(p)  promote and support the multiple use of public lands;

(q)  ensure that any training or certification required of a public official or public employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the training or certification is required:

(i)  under this title;

(ii)  by the department; or

(iii)  by an entity within the department;

(r)  in accordance with 4:

(i)  conduct mediation or arbitration; and

(ii)  assist in the issuance of loans by the Conservation Commission; and

(s)  perform any additional functions, powers, and duties provided by law.

(2)  The department, by following the procedures and requirements of Section 63J-1-504, may adopt a schedule of fees assessed for services provided by the department.

(3) 

(a)  A marketing order issued under Subsection (1)(e) may not take effect until:

(i)  the department gives notice of the proposed order to the producers and handlers of the affected product;

(ii)  the commissioner conducts a hearing on the proposed order; and

(iii)  at least 50% of the registered producers and handlers of the affected products vote in favor of the proposed order.

(b) 

(i)  The department may establish boards of control to administer marketing orders and the proceeds derived from any order.

(ii)  A board of control shall:

(A)  ensure that proceeds are placed in an account in the board of control’s name in a depository institution; and

(B)  ensure that the account is annually audited by an accountant approved by the commissioner.

(4)  Money collected by grain grading, as provided by Subsection (1)(g), shall be deposited into the General Fund as dedicated credits for the grain grading program.

(5)  In fulfilling the department’s duties in this chapter, the department may:

(a)  purchase, as authorized or required by law, services that the department is responsible to provide for legally eligible persons;

(b)  take necessary steps, including legal action, to recover money or the monetary value of services provided to a recipient who is not eligible;

(c)  examine and audit the expenditures of any public funds provided to a local authority, agency, or organization that contracts with or receives funds from those authorities or agencies;

(d)  accept and administer grants from the federal government and from other sources, public or private; and

(e)  fund grants using money appropriated by the Legislature or money received from any other source.

Amended by Chapter 126, 2023 General Session

  Previous section
Next section  
 Part 1 Contents