4-3-403. Injunctions — Bond not required — Standing to maintain private action — Damages authorized.
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Terms Used In Utah Code 4-3-403- Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- 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.
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The commissioner is authorized to apply to any court of competent jurisdiction for a temporary restraining order or injunction restraining any person from violating this chapter. |
| (b) |
No bond shall be required of the department in any proceeding brought under this subsection. |
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| (2) |
| (a) |
In addition to penalties provided in this chapter, any person who suffers or is threatened with injury from any existing or threatened violation of Section 4-3-402 may commence an action in any court of competent jurisdiction for damages and, if proper, injunctive relief. |
| (b) |
Any organized and existing trade association, whether incorporated or not, is authorized to institute and prosecute a suit for injunctive relief and damages, as the real party in interest, on behalf of one or more of its members if the violation of Section 4-3-402 directly or indirectly affects a member. |
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Renumbered and Amended by Chapter 345, 2017 General Session
