§ 4-10-101 Title
§ 4-10-102 Definitions
§ 4-10-103 Authority to make and enforce rules
§ 4-10-104 Manufacture, repair, or wholesale sale of bedding, upholstered furniture, quilted clothing, or filling material — License required
§ 4-10-105 License — Application — Fees — Expiration — Renewal
§ 4-10-106 Unlawful acts specified
§ 4-10-107 Tagging requirements for bedding, upholstered furniture, and filling material
§ 4-10-108 Seller’s representation of a used mattress — Bedding records required
§ 4-10-109 Use of rubber stamp or stencil authorized — Conditions for use
§ 4-10-110 Sale of bedding, upholstered furniture, quilted clothing, or filling material — Tag, stamp, or stencil required — Secondhand material to bear tag — Presumption — Owner’s own material to be tagged
§ 4-10-111 Enforcement — Inspection authorized — Samples — Reimbursement for samples — Warrants
§ 4-10-112 Stop sale, use, or removal order authorized — Conditions for release specified — Condemnation or seizure — Procedure specified — Award of costs authorized
§ 4-10-113 Sterilization of filling material

Terms Used In Utah Code > Title 4 > Chapter 10

  • Adjudicative proceeding: means :Utah Code 48-2e-1156
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 48-2e-1156
  • Affected entity: means a county, municipality, local district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility, property owner, property owners association, or the Utah Department of Transportation, if:
    (a) the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;
    (b) the entity has filed with the municipality a copy of the entity's general or long-range plan; or
    (c) the entity has filed with the municipality a request for notice during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed under this chapter. See Utah Code 10-9a-103
  • 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.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 10-9a-103
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. See Utah Code 48-2e-1156
  • Arrest: Taking physical custody of a person by lawful authority.
  • Article: means a bedding, upholstered furniture, quilted clothing, or filling material. See Utah Code 4-24-105
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Bedding: means a:
    (a) quilted, packing, mattress, or hammock pad; or
    (b) mattress, boxspring, comforter, quilt, sleeping bag, studio couch, pillow, or cushion made with a filling material that can be used for sleeping or reclining. See Utah Code 4-24-105
  • Brand: means any identifiable mark applied to livestock that is intended to show ownership and the mark's location. See Utah Code 4-24-102
  • City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
  • Commissioner: means the commissioner of agriculture and food. See Utah Code 4-7-110
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contiguous: means :
    (a) if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and
    (b) if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County executive: means :Utah Code 48-2e-1156
  • County legislative body: means :Utah Code 48-2e-1156
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-7-110
  • Dependent: A person dependent for support upon another.
  • Depository institution: is a s defined in Section 7-1-103. See Utah Code 10-9a-206
  • Devise: To gift property by will.
  • Direct charge: means a charge, fee, assessment, or amount, other than a property tax, that a political subdivision charges to a property owner. See Utah Code 10-8-49
  • Domesticated elk: means the same as that term is defined in Section 4-39-102. See Utah Code 4-24-102
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: means a person who is not an elected or appointed officer and who is employed on a full- or part-time basis by a political subdivision. See Utah Code 10-8-33
  • Enterprise regulated by the state: means :
    (a) an institution subject to regulation under Title 70C, Utah Consumer Credit Code;
    (b) a place of business that sells an alcoholic product at retail as provided in Title 32B, Alcoholic Beverage Control Act;
    (c) an insurer regulated by Title 31A, Insurance Code; and
    (d) a public utility subject to regulation under Title 54, Public Utilities. See Utah Code 10-9a-212
  • Event permit: means a permit that a political subdivision issues to the organizer of a public food truck event located on public property. See Utah Code 10-8-27
  • 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.
  • Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 48-2e-1156
  • Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Filling material: means cotton, wool, kapok, feathers, down, shoddy, hair, or other material, or a combination of materials, whether loose or in bags, bales, batting, pads, or other prefabricated form that is, or can be, used in bedding, upholstered furniture, or quilted clothing. See Utah Code 4-24-105
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Food truck: means a fully encased food service establishment:
    (i) on a motor vehicle or on a trailer that a motor vehicle pulls to transport; and
    (ii) from which a food truck vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages for immediate human consumption. See Utah Code 10-8-27
  • Food truck event: means an event where an individual has ordered or commissioned the operation of a food truck at a private or public gathering. See Utah Code 10-8-27
  • Food truck operator: means a person who owns, manages, or controls, or who has the duty to manage or control, the operation of a food truck. See Utah Code 10-8-27
  • Food truck vendor: means a person who sells, cooks, or serves food or beverages from a food truck. See Utah Code 10-8-27
  • Fraud: Intentional deception resulting in injury to another.
  • General plan: means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality. See Utah Code 10-9a-103
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
  • Guardian: includes a person who:Utah Code 48-2e-1156
  • Health department food truck permit: means a document that a local health department issues to authorize a person to operate a food truck within the jurisdiction of the local health department. See Utah Code 10-8-27
  • Highway: includes :Utah Code 48-2e-1156
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • 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.
  • Label: means the display of written, printed, or graphic matter upon a tag or upon the immediate container of a bedding, upholstered furniture, quilted clothing, or filling material. See Utah Code 4-24-105
  • Land: includes :Utah Code 48-2e-1156
  • Land use authority: means :
    (a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
    (b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative body: means the municipal council. See Utah Code 10-9a-103
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Livestock: means cattle, calves, horses, mules, sheep, goats, or hogs. See Utah Code 4-24-102
  • Livestock market: means a public market place consisting of pens or other enclosures where cattle, calves, horses, or mules are received on consignment and kept for subsequent sale, either through public auction or private sale. See Utah Code 4-24-102
  • Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 10-8-27
  • Manufacture: means to make, process, or prepare from new or secondhand material, in whole or in part, a bedding, upholstered furniture, quilted clothing, or filling material for sale. See Utah Code 4-24-105
  • Mark: means any cutting and shaping of the ears or brisket area of livestock that is intended to show ownership. See Utah Code 4-24-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 48-2e-1156
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipality: means :
    (a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
    (b) a town, as classified in Section 10-2-301; or
    (c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • New material: includes by-products from a textile mill using only new raw material synthesized from a product that has been melted, liquified, and re-extruded. See Utah Code 4-24-105
  • Nonrecurring tax notice charge: means a tax notice charge that a political subdivision certifies to the county treasurer on a one-time or case-by-case basis rather than regularly over multiple calendar years. See Utah Code 10-8-49
  • Notice of lien: means a notice that:
    (a) a political subdivision records in the office of the recorder of the county in which a property that is the subject of a nonrecurring tax notice charge is located; and
    (b) describes the nature and amount of the nonrecurring tax notice charge and whether the political subdivision intends to certify the charge to the county treasurer under statutory authority that allows the treasurer to place the charge on the property tax notice described in Section 59-2-1317. See Utah Code 10-8-49
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Officer: means a person who is elected or appointed to an office or position within a political subdivision. See Utah Code 10-8-33
  • Open range: means land upon which cattle, sheep, or other domestic animals are grazed or permitted to roam by custom, license, lease, or permit. See Utah Code 4-24-102
  • 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 4-7-110
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes an individual, partnership, association, organization, corporation, labor union, legal representative, trustee, trustee in bankruptcy, receiver , and other organized groups of persons. See Utah Code 10-9a-212
  • Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-7-110
  • Person: means :Utah Code 48-2e-1156
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103
  • Personal property: includes :Utah Code 48-2e-1156
  • Personal use expenditure: means an expenditure made without the authority of law that:
    (i) is not directly related to the performance of an activity as an officer or employee of a political subdivision;
    (ii) primarily furthers a personal interest of an officer or employee of a political subdivision or the family, a friend, or an associate of an officer or employee of a political subdivision; and
    (iii) would constitute taxable income under federal law. See Utah Code 10-8-33
  • Place of public accommodation: includes :
    (i) every place, establishment, or facility of whatever kind, nature, or class that caters or offers services, facilities, or goods to the general public for a fee or charge, except, an establishment that is:
    (A) located within a building that contains not more than five rooms for rent or hire; and
    (B) actually occupied by the proprietor of the establishment as the proprietor's residence; and
    (ii) a place, establishment, or facility that caters or offers services, facilities, or goods to the general public gratuitously if the place, establishment, or facility receives any substantial governmental subsidy or support. See Utah Code 10-9a-212
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Political subdivision: means :
    (a) a city, town, or metro township; or
    (b) a county, as it relates to the licensing and regulation of businesses in the unincorporated area of the county. See Utah Code 10-8-27
  • Political subdivision: means any county, city, town, school district, community reinvestment agency, special improvement or taxing district, local district, special service district, entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation. See Utah Code 10-8-33
  • Political subdivision: means :
    (a) a county, as that term is defined in Section 17-50-101;
    (b) a municipality, as that term is defined in Section 10-1-104;
    (c) a local district, as that term is defined in Section 17B-1-102;
    (d) a special service district, as that term is defined in Section 17D-1-102;
    (e) an interlocal entity, as that term is defined in Section 11-13-103;
    (f) a community reinvestment agency created under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act;
    (g) a local building authority, as that term is defined in Section 17D-2-102;
    (h) a conservation district, as that term is defined in Section 17D-3-102; or
    (i) a local entity, as that term is defined in Sections 11-42-102 and 11-42a-102. See Utah Code 10-8-49
  • Political subdivision lien: means a lien that a statute expressly authorizes a political subdivision to hold and record, including a direct charge that constitutes, according to an express statutory provision, a lien. See Utah Code 10-8-49
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Pregnancy: includes pregnancy or a pregnancy-related condition. See Utah Code 10-9a-212
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 48-2e-1156
  • Property: includes both real and personal property. See Utah Code 48-2e-1156
  • Property tax: means a tax imposed on real property under Title 59, Chapter 2, Property Tax Act, Title 59, Chapter 3, Tax Equivalent Property Act, or Title 59, Chapter 4, Privilege Tax. See Utah Code 10-8-49
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public funds: means the same as that term is defined in Section 51-7-3. See Utah Code 10-8-33
  • Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 10-9a-103
  • Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 10-9a-103
  • Quilted clothing: means a filled garment or apparel, exclusive of trim used for aesthetic effect, or a stiffener, shoulder pad, interfacing, or other material that is made in whole or in part from filling material and sold or offered for sale. See Utah Code 4-24-105
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :Utah Code 48-2e-1156
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Repair: means to restore, recover, alter, or renew bedding or upholstered furniture for a consideration. See Utah Code 4-24-105
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retailer: means a person who sells bedding, upholstered furniture, quilted clothing, or filling material to a consumer for use primarily for personal, family, household, or business purposes. See Utah Code 4-24-105
  • Road: includes :Utah Code 48-2e-1156
  • Rules of order and procedure: means a set of rules that govern and prescribe in a public meeting:
    (a) parliamentary order and procedure;
    (b) ethical behavior; and
    (c) civil discourse. See Utah Code 10-9a-103
  • Secondhand: means an article or filling material, or portion of an article or filling material, that has previously been used. See Utah Code 4-24-105
  • sell: means to offer or expose for sale, barter, trade, deliver, consign, lease, or give away any bedding, upholstered furniture, quilted clothing, or filling material. See Utah Code 4-24-105
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
  • State: includes any department, division, or agency of the state. See Utah Code 10-9a-103
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Sterilize: means to disinfect, decontaminate, sanitize, cleanse, or purify as required by Section 4-10-113. See Utah Code 4-24-105
  • Street: means a public right-of-way, including a highway, avenue, boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement, or other way. See Utah Code 10-9a-103
  • Subdivision: includes :
    (i) the division or development of land whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument; and
    (ii) except as provided in Subsection (57)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 10-9a-103
  • Summons: Another word for subpoena used by the criminal justice system.
  • Tag: means a card, flap, or strip attached to an article for the purpose of displaying information required by this chapter or under rule made pursuant to it. See Utah Code 4-24-105
  • Tax notice charge: means the same as that term is defined in Section 59-2-1301. See Utah Code 10-8-49
  • Tax sale: means the tax sale described in Title 59, Chapter 2, Part 13, Collection of Taxes. See Utah Code 10-8-49
  • Temporary mass gathering: means :
    (i) an actual or reasonably anticipated assembly of 500 or more people that continues, or reasonably can be expected to continue, for two or more hours per day; or
    (ii) an event that requires a more extensive review to protect public health and safety because the event's nature or conditions have the potential of generating environmental or health risks. See Utah Code 10-8-27
  • 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.
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 48-2e-1156
  • Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • unfair competition: means an intentional business act or practice that:
    (A) is unlawful, unfair, or fraudulent; and
    (B) leads to a material diminution in value of intellectual property; and
    (ii) is one of the following:
    (A) malicious cyber activity;
    (B) infringement of a patent, trademark, or trade name;
    (C) a software license violation; or
    (D) predatory hiring practices. See Utah Code 10-9a-206
  • Unincorporated: means not within a municipality. See Utah Code 10-1-104
  • Unincorporated: means the area outside of the incorporated area of a city or town. See Utah Code 10-9a-103
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
  • Upholstered furniture: means portable or fixed furniture, except fixed seats in motor vehicles, boats, or aircraft, that is made in whole or in part with filling material, exclusive of trim used for aesthetic effect. See Utah Code 4-24-105
  • Used: means an article that has been sold to a consumer and has left the store. See Utah Code 4-24-105
  • Wholesaler: means a person who offers an article for resale to a retailer or institution rather than a final consumer. See Utah Code 4-24-105
  • Writing: includes :Utah Code 48-2e-1156
  • Zoning map: means a map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts. See Utah Code 10-9a-103
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