Terms Used In Utah Code > Title 4 > Chapter 14 - Utah Pesticide Control Act

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• 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.
• Amortization: Paying off a loan by regular installments.
• Animal: means all vertebrate or invertebrate species. See Utah Code 4-14-102
• Antemortem inspection: means the inspection of live domesticated game immediately before slaughter. See Utah Code 4-32a-201
• 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.
• Appropriation: means an allocation of money by the governing board in a budget for a specific purpose. See Utah Code 11-13-501
• 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
• Aquaculture: means the controlled cultivation of aquatic animals. See Utah Code 4-37-103
• Aquaculture facility: means any tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture. See Utah Code 4-37-103
• Asset: means funds, money, an account, real or personal property, or personnel. See Utah Code 11-13-602
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Associated entity: means a taxed interlocal entity that adopts a segment's organizing resolution. See Utah Code 11-13-602
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• 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.
• Board: means the Permanent Community Impact Fund Board created by Section 35A-8-304, and its successors. See Utah Code 11-13-103
• Budget: means a plan of financial operations for a fiscal year that embodies estimates of proposed expenditures for given purposes and the proposed means of financing them, and may refer to the budget of a particular fund for which a budget is required by law or may refer collectively to the budgets for all required funds. See Utah Code 11-13-501
• Budget officer: means the person appointed by an interlocal entity governing board to prepare the budget for the interlocal entity. See Utah Code 11-13-501
• Budget year: means the fiscal year for which a budget is prepared. See Utah Code 11-13-501
• Calendar year entity: means an interlocal entity whose fiscal year begins January 1 and ends December 31 of each calendar year as described in Section 11-13-503. See Utah Code 11-13-501
• Certified applicator: means an individual who is licensed by the department to apply:

  (a)	a restricted use pesticide; or

  (b)

  a general use pesticide for hire or in exchange for compensation. See Utah Code 4-14-102 Certified qualified applicator: means a certified applicator who is eligible to act as a qualifying party. See Utah Code 4-14-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. 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. Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC Current year: means the fiscal year in which a budget is prepared and adopted, and which is the fiscal year immediately preceding the budget year. See Utah Code 11-13-501 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Deficit: means the occurrence when expenditures exceed revenues. See Utah Code 11-13-501 Defoliant: means a substance or mixture intended to cause leaves or foliage to drop from a plant, with or without causing abscission. See Utah Code 4-14-102 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. Desiccant: means a substance or mixture intended to artificially accelerate the drying of plant or animal tissue. See Utah Code 4-14-102 Distribute: means to offer for sale, sell, barter, ship, deliver for shipment, receive, deliver, or offer to deliver pesticides in this state. See Utah Code 4-14-102 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 Domesticated game slaughter: means the slaughter of domesticated game that is not regulated under Chapter 32, Utah Meat and Poultry Products Inspection and Licensing Act. See Utah Code 4-32a-201 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 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 Enterprise fund: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501 Environment: means all living plants and animals, water, air, land, and the interrelationships that exist between them. See Utah Code 4-14-102 EPA: means the United States Environmental Protection Agency. See Utah Code 4-14-102 Equipment: means any type of ground, water, or aerial equipment or contrivance using motorized, mechanical, or pressurized power to apply a pesticide. See Utah Code 4-14-102 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 Escrow: Money given to a third party to be held for payment until certain conditions are met. Estimated revenue: means the amount of revenue estimated to be received from all sources during the budget year in each fund for which a budget is being prepared. See Utah Code 11-13-501 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. Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Farm custom slaughter license: means a farm custom slaughter license issued under Section 4-32-107. See Utah Code 4-32a-201 Fee fishing facility: means a body of water used for holding or rearing fish for the purpose of providing fishing for a fee or for pecuniary consideration or advantage. See Utah Code 4-37-103 Fiduciary: A trustee, executor, or administrator. Fiduciary duty: means a duty expressly designated as a fiduciary duty of: (a)  a director or an officer of a taxed interlocal entity in: (i)  the organization agreement of the taxed interlocal entity; or (ii)  an agreement executed by the director or the officer and the taxed interlocal entity; or (b)  a director or an officer of a segment in: (i)  the organizing resolution of the segment; or (ii)  an agreement executed by the director or the officer and the segment. See Utah Code 11-13-602 FIFRA: means the Federal Insecticide, Fungicide, and Rodenticide Act. See Utah Code 4-14-102 Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC Fiscal year: means the annual period for accounting for fiscal operations in an interlocal entity. See Utah Code 11-13-501 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. Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Fraud: Intentional deception resulting in injury to another. Fund: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501 Fund balance: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501 Fungus: means a nonchlorophyll-bearing thallophyte or a nonchlorophyll-bearing plant of an order lower than mosses and liverworts, including rust, smut, mildew, mold, yeast, and bacteria. See Utah Code 4-14-102 Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor General fund: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501 Generally accepted accounting principles: means the accounting principles and standards promulgated from time to time by authoritative bodies in the United States. See Utah Code 11-13-501 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governing board: includes a board of directors described in an agreement, as amended, that creates a project entity. See Utah Code 11-13-103 Governing body: means the body established in an organizing resolution to govern a segment. See Utah Code 11-13-602 Governmental fund: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501 Governmental law: means : (a)  Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act; (b)  Title 63A, Chapter 3, Division of Finance; (c)  Title 63G, Chapter 6a, Utah Procurement Code; (d)  a law imposing an obligation on a taxed interlocal entity similar to an obligation imposed by a law described in Subsection (5)(a), (b), or (c); (e)  an amendment to or replacement or renumbering of a law described in Subsection (5)(a), (b), (c), or (d); or (f)  a law superseding a law described in Subsection (5)(a), (b), (c), or (d). See Utah Code 11-13-602 Herbicide: means a substance that is toxic to plants and is used to control or eliminate unwanted vegetation. See Utah Code 4-14-102 Highway: includes :Utah Code 68-3-12.5 Indexed office: means the address identified under Subsection 63G-7-401(5)(a)(i) by a segment's associated entity in the associated entity's statement described in Subsection 63G-7-401(5). See Utah Code 11-13-602 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Insect: means an invertebrate animal generally having a more or less obviously segmented body: (a)  usually belonging to the Class Insecta, comprising six-legged, usually winged forms, including beetles, bugs, bees, and flies; and (b)  allied classes of arthropods that are wingless usually having more than six legs, including spiders, mites, ticks, centipedes, and wood lice. See Utah Code 4-14-102 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 Interfund loan: means a transfer of assets from one fund to another, subject to future repayment. See Utah Code 11-13-501 Interlocal entity: includes a governmental nonprofit corporation, as that term is defined in Section 11-13a-102. See Utah Code 11-13-501 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 Interlocal entity general fund: means the general fund of an interlocal entity. See Utah Code 11-13-501 Internal service funds: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501 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 any written, printed, or graphic matter on, or attached to, a pesticide or a container or wrapper of a pesticide. See Utah Code 4-14-102 Labeling: means all labels and all other written, printed, or graphic matter: (i)  accompanying a pesticide or equipment; or (ii)  to which reference is made on the label or in literature accompanying a pesticide or equipment. See Utah Code 4-14-102 Land: includes :Utah Code 68-3-12.5 Land: means land, water, air, and plants, animals, structures, buildings, contrivances, and machinery appurtenant or situated thereon, whether fixed or mobile, including any used for transportation. See Utah Code 4-14-102 Last completed fiscal year: means the fiscal year immediately preceding the current fiscal year. See Utah Code 11-13-501 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 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. Lineal descendant: Direct descendant of the same ancestors. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. 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 Misuse: means use of any pesticide in a manner inconsistent with the pesticide's label or labeling. See Utah Code 4-14-102 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Motor vehicle license cost recovery fee: means a fee or charge that may be separately stated and charged on the short-term motor vehicle lease or rental contract in a motor vehicle lease or rental transaction originating in this state to recover the costs incurred by a motor vehicle rental company to license, title, register, obtain license plates for, and inspect rental motor vehicles. See Utah Code 13-48-102 Motor vehicle rental company: means any person or organization in the business of renting motor vehicles to the public. See Utah Code 13-48-102 Nematode: means invertebrate animals of the Phylum Nemathelminthes and Class Nematoda, including unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, also known as nemas or eelworms. See Utah Code 4-14-102 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 agreement: means an agreement, as amended, that creates a taxed interlocal entity. See Utah Code 11-13-602 Organizing resolution: means a resolution described in Subsection 11-13-604(1) that creates a segment. See Utah Code 11-13-602 Ornamental and turf pest control: means the use of a pesticide to control ornamental and turf pests in the maintenance and protection of ornamental trees, shrubs, flowers, or turf. See Utah Code 4-14-102 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: 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 Pest: means : (i)  any insect, rodent, nematode, fungus, weed; or (ii)  any other form of terrestrial or aquatic plant or animal life, virus, bacteria, or other microorganism that is injurious to health or to the environment or that the department declares to be a pest. See Utah Code 4-14-102 Pesticide: means any: (a)  substance or mixture of substances, including a living organism, that is intended to prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug, fungus, weed, or other form of plant or animal life that is normally considered to be a pest or that the commissioner declares to be a pest; (b)  any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant; (c)  any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, or emulsifying agent with deflocculating properties of its own used with a pesticide to aid the pesticide's application or effect; and (d)  any other substance designated by the department by rule. See Utah Code 4-14-102 Pesticide applicator: is a person who: (a)  applies or supervises the application of a pesticide; and (b)  is required by this chapter to have a license. See Utah Code 4-14-102 Pesticide applicator business: means an entity that: (i)  is authorized to do business in this state; and (ii)  offers pesticide application services. See Utah Code 4-14-102 Pesticide dealer: means any person who distributes restricted use pesticides. See Utah Code 4-14-102 Plant regulator: means any substance or mixture intended, through physiological action, to accelerate or retard the rate of growth or rate of maturation, or otherwise alter the behavior of ornamental or crop plants. See Utah Code 4-14-102 Postmortem inspection: means the inspection of a domesticated game carcass after slaughter. See Utah Code 4-32a-201 Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC Principal county: means the county in which the indexed office of a segment's associated entity is located. See Utah Code 11-13-602 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: means : (a)  the same as that term is defined in Section 11-13-103; or (b)  facilities, improvements, or contracts undertaken by a taxed interlocal entity in accordance with Subsection 11-13-204(2). See Utah Code 11-13-602 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 Proprietary fund: means enterprise funds and the internal service funds of an interlocal entity. See Utah Code 11-13-501 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 asset: means : (a)  an asset used by a public entity; (b)  tax revenue; (c)  state funds; or (d)  public funds. See Utah Code 11-13-602 Public fishery resource: means fish produced in public aquaculture facilities and wild and free ranging populations of fish in the surface waters of the state. See Utah Code 4-37-103 Public funds: means any money or payment collected or received by an interlocal entity, including money or payment for services or goods provided by the interlocal entity. See Utah Code 11-13-501 Qualifying party: means a certified qualified applicator who is the owner or employee of a pesticide applicator business and who is registered with the department as the individual responsible for ensuring the training, equipping, and supervision of all pesticide applicators who work for the pesticide applicator business. See Utah Code 4-14-102 Quorum: The number of legislators that must be present to do business. 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. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Restricted use pesticide: means : (a)  a pesticide, including a highly toxic pesticide, that is a serious hazard to beneficial insects, animals, or land; or (b)  any pesticide or pesticide use restricted by the administrator of EPA or by the commissioner. See Utah Code 4-14-102 Retained earnings: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501 Road: includes :Utah Code 68-3-12.5 Segment: means a segment created in accordance with Section 11-13-604. See Utah Code 11-13-602 Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. 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 Special fund: means an interlocal entity fund other than the interlocal entity general fund. See Utah Code 11-13-501 Spot treatment: means the limited application of an herbicide to an area that is no more than 5% of the potential treatment area or one-twentieth of an acre, whichever is smaller, using equipment that is designed to contain no more than five gallons of mixture. See Utah Code 4-14-102 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 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Taxed interlocal entity: means : (a)  a project entity that: (i)  is not exempt from a tax or fee in lieu of taxes imposed in accordance with 3; (ii)  does not receive a payment of funds from a federal agency or office, state agency or office, political subdivision, or other public agency or office other than: (A)  a payment that does not materially exceed the greater of the fair market value and the cost of a service provided or property conveyed by the project entity; or (B)  a grant that is subject to accountability requirements and that the project entity receives for purposes related to a Utah interlocal energy hub, including research and development of technology, financing, construction, installation, operation, and other actions that the project entity may take with respect to a project; and (iii)  does not receive, expend, or have the authority to compel payment from tax revenue; or (b)  an interlocal entity that: (i)  was created before 1981 for the purpose of providing power supply at wholesale to its members; (ii)  does not receive a payment of funds from a federal agency or office, state agency or office, political subdivision, or other public agency or office other than: (A)  a payment that does not materially exceed the greater of the fair market value and the cost of a service provided or property conveyed by the interlocal entity; or (B)  a loan, grant, guaranty, transferable tax credit, cost-sharing arrangement, or other funding arrangement for an advanced nuclear power facility, as defined in 26 U. See Utah Code 11-13-602 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. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC Trustee: A person or institution holding and administering property in trust. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Use: includes , when constituting a noun, the corresponding nominal form of each term in Subsection (14)(a), individually. See Utah Code 11-13-602 Utah interlocal energy hub: means project entity-owned facilities that: (a)  are located within the state; and (b)  facilitate the coordination of resources and participants in a multi-county or interstate region for: (i)  the generation of energy, including with hydrogen fuel; (ii)  the transmission of energy; (iii)  energy storage, including compressed air energy storage; (iv)  producing environmental benefits; or (v)  the production, storage, or transmission of fuel, including hydrogen fuel. See Utah Code 11-13-602 Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate. Weed: means any plant that grows where not wanted. See Utah Code 4-14-102 Wildlife: means all living things that are neither human, domesticated, nor pests. See Utah Code 4-14-102 Writing: includes :Utah Code 68-3-12.5