Utah Code 4-35-104. Commissioner to declare emergency — Powers of commissioner in emergency

(1)

Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
Land: includes :Utah Code 68-3-12.5
Plant pest: means a biological agent that the commissioner determines to be a threat to agriculture in the state as described in Subsection 4-2-103(1)(k)(i). See Utah Code 4-35-102
Property: includes both real and personal property. See Utah Code 68-3-12.5
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

(a)	The commissioner, with the consent of the governor, may declare that a plant pest emergency situation exists that jeopardizes property and resources, and designate the area or areas affected.

(b)	An area referred to in Subsection (1)(a) may include federal lands, after notification of the appropriate federal land manager.

(2)	The commissioner is authorized, subject to Section 4-35-105, to direct all emergency measures the commissioner considers necessary to alleviate the emergency condition.

(3)

The commissioner shall:

(a)	use equipment, supplies, facilities, personnel, and other available resources;

(b)	enter into contracts for the acquisition, rental, or hire of equipment, services, materials, and supplies;

(c)	accept assistance, services, and facilities offered by federal and local governmental units or private agencies; and

(d)	accept on behalf of the state the provisions and benefits of acts of Congress designated to provide assistance.

Amended by Chapter 326, 2020 General Session