4-22-103.  Utah Dairy Commission created.

(1)  There is created an independent state agency known as the Utah Dairy Commission.

Terms Used In Utah Code 4-22-103

  • 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
  • Commission: means the Utah Dairy Commission. See Utah Code 4-22-102
  • Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
  • 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
  • Producer: means a person who produces milk or milk fat from cows and who sells it for human or animal consumption, or for medicinal or industrial uses. See Utah Code 4-22-102
  • 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
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2)  Subject to Subsection (5), the Utah Dairy Commission consists of 11 members as follows:

(a)  nine voting members as follows:

(i)  two from District 1, which consists of Cache and Rich Counties;

(ii)  four members from District 2, which consists of Box Elder, Weber, Morgan, Salt Lake, Davis, Utah, Tooele, Wasatch, Summit, Duchesne, Uintah, and Daggett Counties; and

(iii)  three members from District 3, which consists of Millard, Beaver, Iron, Washington, Sanpete, Carbon, Emery, Grand, Juab, San Juan, Piute, Wayne, Kane, Garfield, and Sevier Counties; and

(b)  two nonvoting members as follows:

(i)  the commissioner or the commissioner’s designee; and

(ii)  the dean of the College of Agriculture at Utah State University, or the dean’s designee.

(3)  The voting members listed in Subsection (2)(a) shall be elected to four-year terms of office as provided in Section 4-22-105.

(4)  A voting member shall enter office on July 1 of the year in which the member is elected. The commission shall stagger the voting members’ terms so that no more than three voting members’ terms expire in a given year.

(5) 

(a)  To maintain equitable representation of active milk producers on the commission, the commission may, by a two-thirds vote:

(i)  alter the boundaries comprising the districts established in Subsection (2)(a); or

(ii)  increase or decrease the number of voting members in each district without altering the total number of commission members.

(b)  If the commission increases the number of voting members in a district under this Subsection (5), a new member will be elected as provided in Section 4-22-105.

(c)  If the commission decreases the number of voting members in a district under this Subsection (5), each member representing the district will continue in office through the end of the member’s term and the member whose term expires first will not be replaced or reelected upon expiration of the member’s term.

(d)  If the commission acts under this Subsection (5), it shall report the changes to the Natural Resources, Agriculture, and Environment Interim Committee.

(6)  A member shall be:

(a)  a citizen of the United States;

(b)  21 years old or older;

(c)  an active milk producer with five consecutive years of experience in milk production within this state immediately preceding election; and

(d)  a resident of Utah and the district represented.

Amended by Chapter 295, 2021 General Session

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