Utah Code > Title 4 > Chapter 13 – Utah Fertilizer Act


§ 4-13-101	Title
§ 4-13-102	Definitions
§ 4-13-103	Distribution of fertilizer or soil amendment — Registration required — Application — Fees — Expiration — Renewal — Exemptions specified — Blenders and mixers
§ 4-13-104	Labeling requirements for fertilizer and soil amendments specified
§ 4-13-105	Enforcement — Inspection and samples authorized — Methods for sampling and analysis prescribed — Warrants
§ 4-13-106	Distribution of fertilizers not complying with labeling requirements prohibited — Penalty assessed — Court action to vacate or amend finding authorized
§ 4-13-108	Denial, suspension, or revocation authorized — Grounds — Stop sale, use, or removal order authorized — Court action — Procedure — Costs
§ 4-13-109	Sales or exchanges of fertilizers or soil amendments between manufacturers, importers, or manipulators permitted
§ 4-13-110	Department may make and enforce rules — Cooperation with state and federal agencies authorized

Terms Used In Utah Code > Title 4 > Chapter 13 - Utah Fertilizer Act

Account: means the Pawnbroker, Secondhand Merchandise, and Catalytic Converter Operations Restricted Account created in Section 13-32a-113. See Utah Code 13-32a-102

Additional project capacity: means electric generating capacity provided by a generating unit that first produces electricity on or after May 6, 2002, and that is constructed or installed at or adjacent to the site of a project that first produced electricity before May 6, 2002, regardless of whether:

(i)	the owners of the new generating unit are the same as or different from the owner of the project; and

(ii)

the purchasers of electricity from the new generating unit are the same as or different from the purchasers of electricity from the project. See Utah Code 11-13-103

Adjudicative proceeding: means :Utah Code 68-3-12.5

Adjusted retail electric sales: means the total kilowatt-hours of retail electric sales of a municipal electric utility to customers in this state in a calendar year, reduced by:

(a)	the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from qualifying zero carbon emissions generation and qualifying carbon sequestration generation;

(b)

the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from generation located within the geographic boundary of the Western Electricity Coordinating Council that derives its energy from one or more of the following but that does not satisfy the definition of a renewable energy source or that otherwise has not been used to satisfy Subsection 10-19-201(1):

(i)	wind energy;

(ii)	solar photovoltaic and solar thermal energy;

(iii)

wave, tidal, and ocean thermal energy;

(iv)

except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including:

(A)	organic waste;

(B)	forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;

(C)	agricultural residues;

(D)	dedicated energy crops; and

(E)	landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste;

(v)	geothermal energy;

(vi)	hydro-electric energy; or

(vii)

waste gas and waste heat capture or recovery; and

(c)

the number of kilowatt-hours attributable to reductions in retail sales in that calendar year from activities or programs promoting electric energy efficiency or conservation or more efficient management of electric energy load. See Utah Code 10-19-102

Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5

Affiliated person: means a seller or a seller's contractor, director, employee, officer, owner, or partner. See Utah Code 13-26-2

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

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.

Antemortem inspection: means the inspection of live domesticated game immediately before slaughter. See Utah Code 4-32a-201

Antique shop: means a business operating at an established location that deals primarily in the purchase, exchange, or sale of antique items. See Utah Code 13-32a-102

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.

Arrest: Taking physical custody of a person by lawful authority.

Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.

Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.

Automated recycling kiosk: means an interactive machine that:

(a)	is installed inside a commercial site used for the selling of goods and services to consumers;

(b)	is monitored remotely by a live representative during the hours of operation;

(c)	only engages in secondhand merchandise transactions involving wireless communication devices; and

(d)

has the following technological functions:

(i)	verifies the seller's identity by a live representative using the individual's identification;

(ii)	generates a ticket; and

(iii)

electronically transmits the secondhand merchandise transaction information to the central database. See Utah Code 13-32a-102

Automated recycling kiosk operator: means a person whose sole business activity is the operation of one or more automated recycling kiosks. See Utah Code 13-32a-102

Banked renewable energy certificate: means a bundled or unbundled renewable energy certificate that is:

(a)	not used in a calendar year to comply with this part or with a renewable energy program in another state; and

(b)

carried forward into a subsequent year. See Utah Code 10-19-102

Beneficial substances or compounds: means a substance or compound other than primary, secondary, and micro plant nutrients that can be demonstrated by scientific research to be beneficial to one or more species of plants when applied exogenously. See Utah Code 4-13-102

Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}

Blender: means a person engaged in the business of blending or mixing fertilizer, soil amendments, or both. See Utah Code 4-13-102

Board: means the Permanent Community Impact Fund Board created by Section 35A-8-304, and its successors. See Utah Code 11-13-103

Board: means the Pawnshop, Secondhand Merchandise, and Catalytic Converter Advisory Board created by this chapter. See Utah Code 13-32a-102

Brand: means a term, design, or trade mark used in connection with one or several grades of fertilizer or soil amendment. See Utah Code 4-13-102

Cable television service: means :

(a)

the one-way transmission to subscribers of:

(i)	video programming; or

(ii)	other programming service; and

(b)

subscriber interaction, if any, that is required for the selection or use of:

(i)	the video programming; or

(ii)

other programming service. See Utah Code 10-18-102

Candidate: means one or more of:

(a)	the state;

(b)	a county, municipality, school district, special district, special service district, or other political subdivision of the state; and

(c)

a prosecution district. See Utah Code 11-13-103

Catalytic converter: means the same as that term is defined in Section 76-6-1402. See Utah Code 13-32a-102

Catalytic converter purchase: means a purchase from an individual of a used catalytic converter that is no longer affixed to a vehicle. See Utah Code 13-32a-102

Catalytic converter purchaser: means a person who purchases a used catalytic converter in a catalytic converter purchase. See Utah Code 13-32a-102

City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5

Coin: means a piece of currency, usually metallic and usually in the shape of a disc that is:

(a)	stamped metal, and issued by a government as monetary currency; or

(b)

(i)	worth more than its current value as currency; and

(ii)

worth more than its metal content value. See Utah Code 13-32a-102

Coin dealer: means a person whose sole business activity is the selling and purchasing of numismatic items and precious metals. See Utah Code 13-32a-102

Collectible paper money: means paper currency that is no longer in circulation and is sold and purchased for the paper currency's collectible value. See Utah Code 13-32a-102

Commercial project entity: means a project entity, defined in Subsection (18), that:

(a)	has no taxing authority; and

(b)

is not supported in whole or in part by and does not expend or disburse tax revenues. See Utah Code 11-13-103

Commission: means the Public Service Commission. See Utah Code 10-19-102

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Consignment shop: means a business, operating at an established location:

(a)	that deals primarily in the offering for sale property owned by a third party; and

(b)

where the owner of the property only receives consideration upon the sale of the property by the business. See Utah Code 13-32a-102

Continuity plan: means a shipment, with the prior express consent of the buyer, at regular intervals of similar special-interest products, in which there is no binding commitment period or purchase amount. See Utah Code 13-26-2

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.

Cross subsidize: means to pay a cost included in the direct costs or indirect costs of providing a service that is not accounted for in the full cost of accounting of providing the service. See Utah Code 10-18-102

Custom blend: means a fertilizer blended according to specification provided to a blender in a soil test nutrient recommendation or to meet the specific consumer request before blending. See Utah Code 4-13-102

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

database: means the electronic database created and operated under Section 13-32a-105. See Utah Code 13-32a-102

Deficiency: means the amount of nutrient found by analysis to be less than that guaranteed. See Utah Code 4-13-102

Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109

Dependent: A person dependent for support upon another.

Direct costs: means those expenses of a municipality that:

(a)

are directly attributable to providing:

(i)	a cable television service; or

(ii)	a public telecommunications service; and

(b)

would be eliminated if the service described in Subsection (4)(a) were not provided by the municipality. See Utah Code 10-18-102

Direct impacts: means an increase in the need for public facilities or services that is attributable to the project or facilities providing additional project capacity, except impacts resulting from the construction or operation of a facility that is:

(a)	owned by an owner other than the owner of the project or of the facilities providing additional project capacity; and

(b)

used to furnish fuel, construction, or operation materials for use in the project. See Utah Code 11-13-103

Distribute: means to import, consign, manufacture, produce, compound, mix, blend, or to offer for sale, sell, barter, or supply fertilizer or soil amendments in the state. See Utah Code 4-13-102

Distributor: means a person who distributes. See Utah Code 4-13-102

Division: means the Division of Consumer Protection. See Utah Code 13-26-2

Division: means the Division of Consumer Protection created in Chapter 1, Department of Commerce. See Utah Code 13-32a-102

Domesticated game: means one of the following that is commercially raised for wholesale or retail sale to a restaurant, store, or end consumer:

(a)	a domesticated elk;

(b)

a bison;

(c)	a game bird; or

(d)

a rabbit. See Utah Code 4-32a-201

Domesticated game carcass: means any part of the slaughtered body of domesticated game, including entrails and edible meats. See Utah Code 4-32a-201

Electric interlocal entity: means an interlocal entity described in Subsection 11-13-203(3). See Utah Code 11-13-103

End consumer: means an individual who:

(a)	purchases a product directly from an agricultural operation or a facility licensed to perform custom exempt processing, as defined in Section 4-32-105; and

(b)

does not resell the purchased product. See Utah Code 4-32a-201

Energy services interlocal entity: means an interlocal entity that is described in Subsection 11-13-203(4). See Utah Code 11-13-103

Estimated electric requirements: when used with respect to a qualified energy services interlocal entity, includes any of the following that meets the requirements of Subsection (8)(b):

(i)	generation capacity;

(ii)	generation output; or

(iii)

an electric energy production facility. See Utah Code 11-13-103

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.

Facilities providing replacement project capacity: includes facilities that have been, are being, or are proposed to be constructed, reconstructed, converted, repowered, acquired, leased, used, or installed:

(i)	to support and facilitate the construction, reconstruction, conversion, repowering, installation, financing, operation, management, or use of replacement project capacity; or

(ii)

for the distribution of power generated from existing capacity or replacement project capacity to facilities located on real property in which the project entity that owns the project has an ownership, leasehold, right-of-way, or permitted interest. See Utah Code 11-13-103

Farm custom slaughter license: means a farm custom slaughter license issued under Section 4-32-107. See Utah Code 4-32a-201

Fertilizer: means a substance that contains one or more recognized plant nutrients that is used for the substance's plant nutrient content and is designed for use or claimed to have value in promoting plant growth, exclusive of unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, gypsum, and other products exempted by rule. See Utah Code 4-13-102

Fertilizer material: means a fertilizer that contains:

(a)	quantities of no more than one of the primary plant nutrients, nitrogen (N), phosphate (P2O5), Potash (K2O);

(b)	85% plant nutrients in the form of a single chemical compound; or

(c)

plant or animal residues or by-products, or a natural material deposit that is processed so that its primary plant nutrients have not been materially changed, except through purification and concentration. See Utah Code 4-13-102

Fictitious personal name: means a name other than an individual's legal name. See Utah Code 13-26-2

Fiduciary: A trustee, executor, or administrator.

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.

Fraud: Intentional deception resulting in injury to another.

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Gift card: means a record that:

(a)

is usable at:

(i)	a single merchant; or

(ii)	a specified group of merchants;

(b)	is prefunded before the record is used; and

(c)

can be used for the purchase of goods or services. See Utah Code 13-32a-102

Governing authority: means a governing board or joint administrator. See Utah Code 11-13-103

Governing board: includes a board of directors described in an agreement, as amended, that creates a project entity. See Utah Code 11-13-103

Grade: means the percentage of total nitrogen, available phosphate and soluble potash stated in the same terms, order, and percentages as in the guaranteed analysis. See Utah Code 4-13-102

Guaranteed analysis: means the minimum percentage by weight of plant nutrients claimed in the following order and form:

Total Nitrogen (N)

____ percent. See Utah Code 4-13-102

Identification: means any of the following non-expired forms of identification issued by a state government, the United States government, or a federally recognized Indian tribe, if the identification includes a unique number, photograph of the bearer, and date of birth:

(a)	a United States Passport or United States Passport Card;

(b)	a state-issued driver license;

(c)	a state-issued identification card;

(d)	a state-issued concealed carry permit;

(e)	a United States military identification;

(f)	a United States resident alien card;

(g)	an identification of a federally recognized Indian tribe; or

(h)

notwithstanding Section 53-3-207, a Utah driving privilege card. See Utah Code 13-32a-102

IMEI number: means an International Mobile Equipment Identity number. See Utah Code 13-32a-102

Indicia of being new: means property that:

(a)	is represented by the individual pawning or selling the property as new;

(b)	is unopened in the original packaging; or

(c)

possesses other distinguishing characteristics that indicate the property is new. See Utah Code 13-32a-102

Indirect costs: means any costs:

(i)	identified with two or more services or other functions; and

(ii)

that are not directly identified with a single service or function. See Utah Code 10-18-102

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.

Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}

Interlocal entity: means :

(a)	a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal entity; or

(b)

a separate legal or administrative entity created under Section 11-13-205. See Utah Code 11-13-103

Joint administrator: means an administrator or joint board described in Section 11-13-207 to administer a joint or cooperative undertaking. See Utah Code 11-13-103

Joint or cooperative undertaking: means an undertaking described in Section 11-13-207 that is not conducted by an interlocal entity. See Utah Code 11-13-103

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.

Land: includes :Utah Code 68-3-12.5

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}

Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

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, 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

Local law enforcement agency: means the law enforcement agency that has direct responsibility for ensuring compliance with central database reporting requirements for the jurisdiction where the pawn or secondhand business or catalytic converter purchaser is located. See Utah Code 13-32a-102

material fact: means information that a person of ordinary intelligence or prudence would consider important in deciding whether to accept an offer extended through a telephone solicitation. See Utah Code 13-26-2

Member: means a public agency that, with another public agency, creates an interlocal entity under Section 11-13-203. See Utah Code 11-13-103

Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

Municipal: means of or relating to a municipality. See Utah Code 10-1-104

Municipal electric utility: means any municipality that owns, operates, controls, or manages a facility that provides electric power for a retail customer, whether domestic, commercial, industrial, or otherwise. See Utah Code 10-19-102

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

Numismatic item: means a coin, collectible paper money, or exonumia. See Utah Code 13-32a-102

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.

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

Original victim: means a victim who is not a party to the pawn or sale transaction or catalytic converter purchase and includes:

(a)	an authorized representative designated in writing by the original victim; and

(b)

an insurer who has indemnified the original victim for the loss of the described property. See Utah Code 13-32a-102

Out-of-state public agency: means a public agency as defined in Subsection (19)(c), (d), or (e). See Utah Code 11-13-103

Oversight: Committee review of the activities of a Federal agency or program.

Participant: means a person seeking to register or renew a registration as a seller including:

(a)

a seller;

(b)

an owner;

(c)	an officer;

(d)	a director;

(e)	a member or manager of a limited liability company;

(f)	a principal;

(g)	a trustee;

(h)	a general or limited partner;

(i)	a sole proprietor; or

(j)

an individual with a controlling interest in an entity. See Utah Code 13-26-2

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.

Pawn or secondhand business: means a business operated by a pawnbroker or secondhand merchandise dealer, or the owner or operator of the business. See Utah Code 13-32a-102

Pawn transaction: means :

(a)	an extension of credit in which an individual delivers property to a pawnbroker for an advance of money and retains the right to redeem the property for the redemption price within a fixed period of time;

(b)	a loan of money on one or more deposits of personal property;

(c)	the purchase, exchange, or possession of personal property on condition of selling the same property back again to the pledgor or depositor; or

(d)

a loan or advance of money on personal property by the pawnbroker taking chattel mortgage security on the personal property, taking or receiving the personal property into the pawnbroker's possession, and selling the unredeemed pledges. See Utah Code 13-32a-102

Pawnbroker: means a person whose business:

(a)	engages in a pawn transaction; or

(b)

holds itself out as being in the business of a pawnbroker or pawnshop, regardless of whether the person or business enters into pawn transactions or secondhand merchandise transactions. See Utah Code 13-32a-102

Pawnshop: means the physical location or premises where a pawnbroker conducts business. See Utah Code 13-32a-102

Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109

Person: means :Utah Code 68-3-12.5

Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104

Personal property: includes :Utah Code 68-3-12.5

Personal property: All property that is not real property.

Pledgor: means an individual who conducts a pawn transaction with a pawnshop. See Utah Code 13-32a-102

Postmortem inspection: means the inspection of a domesticated game carcass after slaughter. See Utah Code 4-32a-201

precious metals: means ingots, monetized bullion, art bars, medallions, medals, tokens, and currency that are marked by the refiner or fabricator indicating their fineness and include:

(i)

. See Utah Code 13-32a-102

Premium: means a gift, bonus, prize, award, certificate, or other document by which a prospective purchaser is given a right, chance, or privilege to purchase or receive goods or services with a stated or represented value of $25 or more as an inducement to a prospective purchaser to purchase other goods or services. See Utah Code 13-26-2

Private provider: means a person that:

(a)

provides:

(i)	cable television services; or

(ii)	public telecommunications services; and

(b)

is a private entity. See Utah Code 10-18-102

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

Process: means to cut, grind, manufacture, compound, smoke, intermix, or prepare products from a domesticated game carcass. See Utah Code 4-32a-201

Project: includes a project entity's ownership interest in:

(i)	facilities that provide additional project capacity;

(ii)	facilities providing replacement project capacity;

(iii)

additional generating, transmission, fuel, fuel transportation, water, or other facilities added to a project; and

(iv)

a Utah interlocal energy hub, as defined in Section 11-13-602. See Utah Code 11-13-103

Project entity: means a Utah interlocal entity or an electric interlocal entity that owns a project as defined in this section. See Utah Code 11-13-103

Property: includes both real and personal property. See Utah Code 68-3-12.5

Property: means an article of tangible personal property, numismatic item, precious metal, gift card, transaction card, or other physical or digital card or certificate evidencing store credit, and includes a wireless communication device. See Utah Code 13-32a-102

Public agency: means :

(a)	a city, town, county, school district, special district, special service district, an interlocal entity, or other political subdivision of the state;

(b)	the state or any department, division, or agency of the state;

(c)	any agency of the United States;

(d)	any political subdivision or agency of another state or the District of Columbia including any interlocal cooperation or joint powers agency formed under the authority of the law of the other state or the District of Columbia; or

(e)

any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 11-13-103

Public telecommunications service: means the two-way transmission of signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, or other electromagnetic means offered to the public generally. See Utah Code 10-18-102

Qualified energy services interlocal entity: means an energy services interlocal entity that at the time that the energy services interlocal entity acquires its interest in facilities providing additional project capacity has at least five members that are Utah public agencies. See Utah Code 11-13-103

Qualifying carbon sequestration generation: means a fossil-fueled generating facility located within the geographic boundary of the Western Electricity Coordinating Council that:

(a)	becomes operational or is retrofitted on or after January 1, 2008; and

(b)

reduces carbon dioxide emissions into the atmosphere through permanent geological sequestration or through other verifiably permanent reductions in carbon dioxide emissions through the use of technology. See Utah Code 10-19-102

Qualifying electricity: means electricity generated on or after January 1, 1995 from a renewable energy source if:

(a)

(i)	the renewable energy source is located within the geographic boundary of the Western Electricity Coordinating Council; or

(ii)	the qualifying electricity is delivered to the transmission system of a municipal electric utility or a delivery point designated by the municipal electric utility for the purpose of subsequent delivery to the municipal electric utility; and

(b)

the renewable energy attributes of the electricity are not traded, sold, transferred, or otherwise used to satisfy another state's renewable energy program. See Utah Code 10-19-102

Quorum: The number of legislators that must be present to do business.

Renewable energy certificate: means a certificate issued in accordance with the requirements of Sections 10-19-202 and 54-17-603. See Utah Code 10-19-102

Renewable energy source: means :

(a)

an electric generation facility or generation capability or upgrade that becomes operational on or after January 1, 1995 that derives its energy from one or more of the following:

(i)	wind energy;

(ii)	solar photovoltaic and solar thermal energy;

(iii)

wave, tidal, and ocean thermal energy;

(iv)

except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including:

(A)	organic waste;

(B)	forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;

(C)	agricultural residues;

(D)	dedicated energy crops; and

(E)	landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste;

(v)	geothermal energy located outside the state;

(vi)

waste gas and waste heat capture or recovery whether or not it is renewable, including methane gas from:

(A)	an abandoned coal mine; or

(B)	a coal degassing operation associated with a state-approved mine permit;

(vii)

efficiency upgrades to a hydroelectric facility, without regard to the date upon which the facility became operational, if the upgrades become operational on or after January 1, 1995;

(viii)

a compressed air energy storage process, if:

(A)	the process used to compress the air is a renewable energy source and the associated renewable energy certificates are retired for the purpose of the compressed air energy storage process; or

(B)	equivalent renewable energy certificates are obtained and retired for the purpose of the compressed air energy storage process; or

(ix)	municipal solid waste;

(b)

any of the following:

(i)

up to 50 average megawatts of electricity per year per municipal electric utility from a certified low-impact hydroelectric facility, without regard to the date upon which the facility becomes operational, if the facility is certified as a low-impact hydroelectric facility on or after January 1, 1995, by a national certification organization;

(ii)	geothermal energy if located within the state, without regard to the date upon which the facility becomes operational; and

(iii)

hydroelectric energy if located within the state, without regard to the date upon which the facility becomes operational;

(c)	hydrogen gas derived from any source of energy described in Subsection (11)(a) or (b);

(d)	if an electric generation facility employs multiple energy sources, that portion of the electricity generated that is attributable to energy sources described in Subsections (11)(a) through (c); and

(e)

any of the following located in the state and owned by a user of energy:

(i)

a demand side management measure, as defined by Subsection 54-7-12. See Utah Code 10-19-102

Replacement project capacity: means electric generating capacity or transmission capacity that:

(a)	replaces all or a portion of the existing electric generating or transmission capacity of a project; and

(b)

is provided by a facility that is on, adjacent to, in proximity to, or interconnected with the site of a project, regardless of whether:

(i)	the capacity replacing existing capacity is less than or exceeds the generating or transmission capacity of the project existing before installation of the capacity replacing existing capacity;

(ii)	the capacity replacing existing capacity is owned by the project entity that is the owner of the project, a segment established by the project entity, or a person with whom the project entity or a segment established by the project entity has contracted; or

(iii)

the facility that provides the capacity replacing existing capacity is constructed, reconstructed, converted, repowered, acquired, leased, used, or installed before or after any actual or anticipated reduction or modification to existing capacity of the project. See Utah Code 11-13-103

Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

Scrap jewelry: means an item purchased solely:

(a)	for its gold, silver, or platinum content; and

(b)

for the purpose of reuse of the metal content. See Utah Code 13-32a-102

Secondhand merchandise dealer: includes a coin dealer and an automated recycling kiosk operator. See Utah Code 13-32a-102

Secondhand merchandise transaction: means the purchase or exchange of used or secondhand property. See Utah Code 13-32a-102

Seller: means a person, or a group of persons engaged in a common effort to conduct a telephone solicitation, that:

(a)

on behalf of the person, or the group of persons engaged in a common effort to conduct a telephone solicitation:

(i)	makes a telephone solicitation; or

(ii)	causes a telephone solicitation to be made; or

(b)

through a telephone solicitor:

(i)	makes a telephone solicitation; or

(ii)

causes a telephone solicitation to be made. See Utah Code 13-26-2

Service of process: The service of writs or summonses to the appropriate party.

Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5

Slaughter: means killing domesticated game in a humane manner, including skinning or dressing. See Utah Code 4-32a-201

solicitation of sale: means :

(i)

a sale or solicitation of goods or services in which:

(A)

(I)	the seller solicits the sale over the telephone;

(II)	the purchaser's agreement to purchase is made over the telephone; and

(III)

the purchaser, over the telephone, pays for or agrees to commit to payment for goods or services prior to or upon receipt by the purchaser of the goods or services;

(B)	the seller, not exempt under Section 13-26-4, induces a prospective purchaser over the telephone, to make and keep an appointment that directly results in the purchase of goods or services by the purchaser that would not have occurred without the telephone solicitation and inducement by the seller;

(C)

the seller offers or promises a premium to a prospective purchaser if:

(I)	the seller induces the prospective purchaser to initiate a telephone contact with the seller; and

(II)	the resulting solicitation meets the requirements of Subsection (10)(a); or

(D)	the seller solicits a charitable donation involving the exchange of any premium, prize, gift, ticket, subscription, or other benefit in connection with an appeal made for a charitable purpose by an organization that is not otherwise exempt under Subsection 13-26-4(2)(b)(iv); or

(ii)

a telephone solicitation as defined in Section 13-25a-102. See Utah Code 13-26-2

solicitor: means an individual who engages in a telephone solicitation on behalf of a seller. See Utah Code 13-26-2

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

Statute: A law passed by a legislature.

Subscribers: means a person that lawfully receives:

(a)	cable television services; or

(b)

public telecommunications services. See Utah Code 10-18-102

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.

Ticket: means a document upon which information is entered when a pawn transaction or secondhand merchandise transaction is made. See Utah Code 13-32a-102

Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5

Transaction card: means a card, code, or other means of access to a value with the retail business issued to a person that allows the person to obtain, purchase, or receive any of the following:

(a)

goods;

(b)

services;

(c)

money; or

(d)

anything else of value. See Utah Code 13-32a-102

Transportation reinvestment zone: means an area created by two or more public agencies by interlocal agreement to capture increased property or sales tax revenue generated by a transportation infrastructure project as described in Section 11-13-227. See Utah Code 11-13-103

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.

Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

Utah public agency: means a public agency under Subsection (19)(a) or (b). See Utah Code 11-13-103

Venue: The geographical location in which a case is tried.

Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5

Veterinarian: means a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act, who has successfully completed formal training in antemortem inspection and postmortem inspection. See Utah Code 4-32a-201

Veterinarian designee: means an individual designated by a veterinarian as successfully completing formal training in antemortem inspection and postmortem inspection. See Utah Code 4-32a-201

Wireless communication device: means a cellular telephone or a portable electronic device designed to receive and transmit a text message, email, video, or voice communication. See Utah Code 13-32a-102

Writing: includes :Utah Code 68-3-12.5