Part 1 General Provisions 4-18-101 – 4-18-108
Part 2 Salinity Offset Fund 4-18-201 – 4-18-202

Terms Used In Utah Code > Title 4 > Chapter 18

  • Accrediting agency: means a regional or national private educational association that:
    (a) is recognized by the United States Department of Education;
    (b) develops evaluation criteria; and
    (c) conducts peer evaluations to assess whether a postsecondary school meets the criteria described in Subsection (2)(b). See Utah Code 13-34a-102
  • Adherent yolk: means the yolk has settled to one side and become fastened to the shell. See Utah Code 4-4-103
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Advertisement: means a representation, other than by labeling, made to induce the purchase of food. See Utah Code 4-5-102
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • 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.
  • Agent: means any person who:
    (a) owns an interest in or is employed by a proprietary school; and
    (b) 
    (i) enrolls or attempts to enroll a resident of this state in a proprietary school;
    (ii) offers to award educational credentials for remuneration on behalf of a proprietary school; or
    (iii) holds himself out to residents of this state as representing a proprietary school for any purpose. See Utah Code 13-34-103
  • Agricultural discharge: means the release of agriculture water from the property of a farm, ranch, or feedlot that:
    (i) pollutes a surface body of water, including a stream, lake, pond, marshland, watercourse, waterway, river, ditch, or other water conveyance system;
    (ii) pollutes ground water; or
    (iii) constitutes a significant nuisance to urban land. See Utah Code 4-18-103
  • Agricultural operation: means a farm, ranch, or animal feeding operation. See Utah Code 4-18-103
  • 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
  • Agriculture water: means :
    (a) water used by a farm, ranch, or feedlot for the production of food, fiber, or fuel;
    (b) the return flow of water from irrigated agriculture; or
    (c) agricultural storm water runoff. See Utah Code 4-18-103
  • Albumen: means the white of an egg. See Utah Code 4-4-103
  • Alternate: means a substitute for a district supervisor if the district supervisor cannot attend a meeting. See Utah Code 4-18-103
  • Animal feeding operation: means a facility where animals, other than aquatic animals, are stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period. See Utah Code 4-18-103
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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.
  • Best management practices: means practices, including management policies and the use of technology, used by each sector of agriculture in the production of food and fiber that are commonly accepted practices, or that are at least as effective as commonly accepted practices, and that:
    (a) protect the environment;
    (b) protect human health;
    (c) ensure the humane treatment of animals; and
    (d) promote the financial viability of agricultural production. See Utah Code 4-18-103
  • Black rot: means the egg has deteriorated to such an extent that the whole interior presents a blackened appearance. See Utah Code 4-4-103
  • Black spot: means mold or bacteria have developed in isolated areas inside the shell. See Utah Code 4-4-103
  • Blood ring: means bacteria have developed to such an extent that blood is formed. See Utah Code 4-4-103
  • Candling: means the act of determining the condition of an egg by holding it before a strong light in such a way that the light shines through the egg and reveals the egg's contents. See Utah Code 4-4-103
  • Certificate of postsecondary state authorization: means a certificate issued by the division to a postsecondary school in accordance with the provisions of this chapter. See Utah Code 13-34a-102
  • Certificate of registration: means approval from the division to operate a school or institution in compliance with this chapter and rules adopted under this chapter. See Utah Code 13-34-103
  • Certified agricultural operation: means an agricultural operation that is certified under the Utah Agriculture Certificate of Environmental Stewardship Program in accordance with Section 4-18-107. See Utah Code 4-18-103
  • Certified conservation planner: means a planner of a state conservation district, or other qualified planner, that is approved by the commission to certify an agricultural operation under the Utah Agriculture Certificate of Environmental Stewardship Program, created in Section 4-18-107. See Utah Code 4-18-103
  • Colorado River Salinity Offset Program: means a program, administered by the Division of Water Quality, allowing oil, gas, or mining companies and other entities to provide funds to finance salinity reduction projects in the Colorado River Basin by purchasing salinity credits as offsets against discharges made by the company under permits issued by the Division of Water Quality. See Utah Code 4-18-201
  • Commission: means the Conservation Commission created in Section 4-18-104. See Utah Code 4-18-103
  • 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.
  • Consumer commodity: means a food, as defined by this chapter, or by the federal act. See Utah Code 4-5-102
  • Contaminated: means not securely protected from dust, dirt, or foreign or injurious agents. See Utah Code 4-5-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Coordinated resource management plan: means a plan of action created at a local level with broad participation of land owners, natural resource agencies, and interested stakeholders to protect or enhance the environment, human health, humane treatment of animals, and financial viability in the community. See Utah Code 4-18-103
  • 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
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • Division: means the Division of Consumer Protection. See Utah Code 13-34-103
  • Division: means the Division of Consumer Protection. See Utah Code 13-34a-102
  • Educational credential: means a degree, diploma, certificate, transcript, report, document, letter of designation, mark, or series of letters, numbers, or words that represent enrollment, attendance, or satisfactory completion of the requirements or prerequisites of an educational program. See Utah Code 13-34a-102
  • Educational credentials: means degrees, diplomas, certificates, transcripts, reports, documents, or letters of designation, marks, appellations, series of letters, numbers, or words that signify or appear to signify satisfactory completion of any requirement or prerequisite for any educational program. See Utah Code 13-34-103
  • 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.
  • Farm: means an agricultural operation, under management by one entity, that grows or harvests crops. See Utah Code 4-5-102
  • Farmers market: means a market where a producer of a food product sells only a fresh, raw, whole, unprocessed, and unprepared food item directly to the final consumer. See Utah Code 4-5-102
  • Federal act: means the Federal Food, Drug, and Cosmetic Act, 21 U. See Utah Code 4-5-102
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Filed: means the division has received and approved, as to form, a document submitted under this chapter, and has marked on the face of the document a stamp or seal indicating the time of day and date of approval, the name of the division, the division director's signature and division seal, or facsimiles of the signature or seal. See Utah Code 16-11-2
  • 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: means :
    (a) an article used for food or drink for human or animal consumption or the components of the article;
    (b) chewing gum or chewing gum components; or
    (c) a food supplement for special dietary use that is necessitated because of a physical, physiological, pathological, or other condition. See Utah Code 4-5-102
  • Food additive: includes a substance or source of radiation intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food. See Utah Code 4-5-102
  • Food establishment: means a grocery store, bakery, candy factory, food processor, bottling plant, sugar factory, cannery, farm, rabbit processor, meat processor, flour mill, cold or dry warehouse storage, or other facility where food products are manufactured, canned, processed, packaged, stored, transported, prepared, sold, or offered for sale. See Utah Code 4-5-102
  • Fraud: Intentional deception resulting in injury to another.
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Institution: means an individual, corporation, partnership, association, cooperative, or other legal entity. See Utah Code 13-34-103
  • 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.
  • Label: means a written, printed, or graphic display on the immediate container of an article of food. See Utah Code 4-5-102
  • Labeling: means a label and other written, printed, or graphic display:
    (a) on an article of food or the article of food's container or wrapper; or
    (b) accompanying the article of food. See Utah Code 4-5-102
  • 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
  • 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.
  • 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
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Moldy: means mold spores have formed within the shell. See Utah Code 4-4-103
  • 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.
  • nutrient management plan: means a plan to properly store, handle, and spread manure and other agricultural byproducts to:
    (a) protect the environment; and
    (b) provide nutrients for the production of crops. See Utah Code 4-18-103
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • 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.
  • Offer: means to advertise, publicize, solicit, or encourage any person directly or indirectly. See Utah Code 13-34-103
  • 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
  • Ownership: means :
    (a) the controlling interest in a school, institution, or college; or
    (b) if an entity holds the controlling interest in the school, institution, or college, the controlling interest in the entity that holds the controlling interest in the school, institution, or college. See Utah Code 13-34-103
  • Package: means a container or wrapping in which a consumer commodity is enclosed for use in the delivery or display of the consumer commodity to retail purchasers. See Utah Code 4-5-102
  • 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
  • Personal property: includes :Utah Code 68-3-12.5
  • Pesticide: means a substance intended:
    (i) to prevent, destroy, repel, or mitigate a pest, as defined under Section 4-14-102; or
    (ii) for use as a plant regulator, defoliant, or desiccant. See Utah Code 4-5-102
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pollution: means a harmful human-made or human-induced alteration to the water of the state, including an alteration to the chemical, physical, biological, or radiological integrity of water that harms the water of the state. See Utah Code 4-18-103
  • Postsecondary education: means education or educational services offered primarily to individuals who:
    (a) have completed or terminated their secondary or high school education; or
    (b) are beyond the age of compulsory school attendance. See Utah Code 13-34-103
  • Postsecondary education: means education or educational services offered primarily to individuals who:
    (a) have completed or terminated their secondary or high school education; or
    (b) are beyond the age of compulsory school attendance. See Utah Code 13-34a-102
  • Postsecondary school: means a person that provides or offers educational services to individuals who:
    (i) have completed or terminated secondary or high school education; or
    (ii) are beyond the age of compulsory school attendance. See Utah Code 13-34a-102
  • Principal display panel: means that part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale. See Utah Code 4-5-102
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Produce: means a food that is a:
    (a) fruit, vegetable, mix of intact fruits and vegetables, mushroom, sprout from any seed source, peanut, tree nut, or herb; and
    (b) raw agricultural commodity. See Utah Code 4-5-102
  • Professional corporation: means a corporation organized under this chapter. See Utah Code 16-11-2
  • Professional service: means the personal service rendered by:
    (a) a physician, surgeon, or doctor of medicine holding a license under Title 58, Chapter 67, Utah Medical Practice Act, and any subsequent laws regulating the practice of medicine;
    (b) a doctor of dentistry holding a license under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act, and any subsequent laws regulating the practice of dentistry;
    (c) an osteopathic physician or surgeon holding a license under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, and any subsequent laws regulating the practice of osteopathy;
    (d) a physician assistant holding a license under Title 58, Chapter 70a, Utah Physician Assistant Act, and any subsequent laws regulating the practice as a physician assistant;
    (e) a chiropractor holding a license under Title 58, Chapter 73, Chiropractic Physician Practice Act, and any subsequent laws regulating the practice of chiropractics;
    (f) a podiatric physician holding a license under Title 58, Chapter 5a, Podiatric Physician Licensing Act, and any subsequent laws regulating the practice of podiatry;
    (g) an optometrist holding a license under Title 58, Chapter 16a, Utah Optometry Practice Act, and any subsequent laws regulating the practice of optometry;
    (h) a veterinarian holding a license under Title 58, Chapter 28, Veterinary Practice Act, and any subsequent laws regulating the practice of veterinary medicine;
    (i) an architect holding a license under Title 58, Chapter 3a, Architects Licensing Act, and any subsequent laws regulating the practice of architecture;
    (j) a public accountant holding a license under Title 58, Chapter 26a, Certified Public Accountant Licensing Act, and any subsequent laws regulating the practice of public accounting;
    (k) a naturopath holding a license under Title 58, Chapter 71, Naturopathic Physician Practice Act, and any subsequent laws regulating the practice of naturopathy;
    (l) a pharmacist holding a license under Title 58, Chapter 17b, Pharmacy Practice Act, and any subsequent laws regulating the practice of pharmacy;
    (m) an attorney granted the authority to practice law by:
    (i) the Utah Supreme Court; or
    (ii) the Supreme Court, other court, agency, instrumentality, or regulating board that licenses or regulates the authority to practice law in any state or territory of the United States other than Utah;
    (n) a professional engineer registered under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act;
    (o) a principal broker, associate broker, or sales agent holding a license under Title 61, Chapter 2f, Real Estate Licensing and Practices Act, and any subsequent laws regulating the selling, exchanging, purchasing, renting, or leasing of real estate;
    (p) a psychologist holding a license under Title 58, Chapter 61, Psychologist Licensing Act, and any subsequent laws regulating the practice of psychology;
    (q) a clinical or certified social worker holding a license under Title 58, Chapter 60, Part 2, Social Worker Licensing Act, and any subsequent laws regulating the practice of social work;
    (r) a physical therapist holding a license under Title 58, Chapter 24b, Physical Therapy Practice Act, and any subsequent laws regulating the practice of physical therapy;
    (s) a nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, or Title 58, Chapter 44a, Nurse Midwife Practice Act;
    (t) a landscape architect licensed under Title 58, Chapter 53, Landscape Architects Licensing Act, and any subsequent laws regulating landscape architects; or
    (u) an individual licensed, certified, or registered under Title 61, Chapter 2g, Real Estate Appraiser Licensing and Certification Act, and any subsequent laws regulating the practice of appraising real estate. See Utah Code 16-11-2
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Proprietary school: means a private institution, including a business, modeling, paramedical, tax preparation, or trade or technical school, that offers postsecondary education:
    (i) in consideration of the payment of tuition or fees; and
    (ii) for the attainment of educational, professional, or vocational objectives. See Utah Code 13-34-103
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public postsecondary school: means a postsecondary school:
    (a) established by a state or other governmental entity; and
    (b) substantially supported with government funds. See Utah Code 13-34a-102
  • Quorum: The number of legislators that must be present to do business.
  • Raw agricultural commodity: means a food in the food's raw or natural state, including all fruits that are washed, colored, or otherwise treated in the fruit's unpeeled, natural form before marketing. See Utah Code 4-5-102
  • Registration: means the commissioner's issuance of a certificate to a qualified food establishment. See Utah Code 4-5-102
  • Regulating board: means the board that is charged with the licensing and regulation of the practice of the profession which the professional corporation is organized to render. See Utah Code 16-11-2
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • 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
  • Small producer: means a producer of shell eggs:
    (a) having less than 3,000 layers;
    (b) selling only to an ultimate consumer; and
    (c) who is exempt from 21 C. See Utah Code 4-4-103
  • Sprout: means the shoot of a plant generally harvested when cotyledons are undeveloped or underdeveloped and mature leaves have not emerged. See Utah Code 4-5-102
  • 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
  • State technical standards: means a collection of best management practices that will protect the environment in a reasonable and economical manner for each sector of agriculture as required by this chapter. See Utah Code 4-18-103
  • Statute: A law passed by a legislature.
  • Sustainable agriculture: means agriculture production and practices that promote:
    (a) the environmental responsibility of owners and operators of farms, ranches, and feedlots; and
    (b) the profitability of owners and operators of farms, ranches, and feedlots. See Utah Code 4-18-103
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Utah institution: means a school or institution that:
    (a) offers postsecondary education; and
    (b) is headquartered or primarily operates in Utah. See Utah Code 13-34-103
  • white rot: means putrid or rotten. See Utah Code 4-4-103
  • Writing: includes :Utah Code 68-3-12.5
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