Terms Used In Utah Code > Title 4 > Chapter 2 - Administration

• 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.
• Advisory committee: means the Utah Main Street Advisory Committee created in Section 9-24-103. See Utah Code 9-24-101
• 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.
• Agency: means any administrative unit of Utah's state government or local government. See Utah Code 9-8-802
• Agent: means a person who, on behalf of a dealer, purchaser, or livestock market, as defined in Section 4-30-102, solicits or negotiates the consignment or purchase of livestock. See Utah Code 4-7-103
• Agricultural seed: includes :

  (a)	grass, forage, cereal, oil, fiber, and other kinds of crop seed commonly recognized within this state as agricultural seed;

  (b)	lawn seed;

  (c)	combinations of the seed described in Subsections (2)(a) and (2)(b); and

  (d)

  noxious weed seed, if the department determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that a noxious weed seed is being used as agricultural seed. See Utah Code 4-16-102 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. Animal shelter: means the same as that term is defined in Section 11-46-102. See Utah Code 4-2-901 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Board: means the Board of State History. See Utah Code 9-8-701 Board: means the Board of State History created in Section 9-8-204. See Utah Code 9-8-901 Board executive committee: means the executive committee of the Agricultural Advisory Board created in Section 4-2-108. See Utah Code 4-2-502 Center: means the National Main Street Center. See Utah Code 9-24-101 Certifying agency: means : (a)  an agency authorized under the laws of a state, territory, or possession to officially certify seed and that has standards and procedures approved by the United States Secretary of Agriculture to assure the genetic purity and identity of the seed certified; or (b)  an agency of a foreign country determined by the United States Secretary of Agriculture to adhere to procedures and standards for seed certification. See Utah Code 4-16-102 Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109 Committee: means the National Register Review Committee created in Section 9-8-905. See Utah Code 9-8-901 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Conditioning: means drying, cleaning, scarifying, and other operations that: (a)  could change the purity or germination of a seed; and (b)  require a seed lot to be retested to determine the label information. See Utah Code 4-16-102 Consignor: means a person who ships or delivers livestock to a dealer for handling or sale. See Utah Code 4-7-103 Contract: A legal written agreement that becomes binding when signed. Controlling the pollination: means to use a method of hybridization that will produce pure seed that is at least 75% hybrid seed. See Utah Code 4-16-102 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. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dealer: includes : (i)  a livestock dealer; and (ii)  a person who owns or leases a feedlot. See Utah Code 4-7-103 Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109 Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102 Director: means the director of the Division of State History. See Utah Code 9-8-102 Division: means the Division of State History. See Utah Code 9-8-701 division: means the Utah Division of Indian Affairs created in Section 9-9-102. See Utah Code 9-9-101 Dormant: means viable seed, excluding hard seed, that fail to germinate when provided the specified germination conditions for the kind of seed in question. See Utah Code 4-16-102 Education loan: means a loan received for education at a domestic or foreign institution of higher education, including a school or college of veterinary medicine. See Utah Code 4-2-901 Endowment fund: means any history endowment fund created under this part by a qualifying organization. See Utah Code 9-8-701 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 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. Executive director: means the executive director of the Department of Cultural and Community Engagement. See Utah Code 9-1-102 Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it. 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. Flower seed: includes the seed of herbaceous plants that are: (a)  grown for their blooms, ornamental foliage, or other ornamental parts; and (b)  commonly known and sold under the name of flower or wildflower seed in this state. See Utah Code 4-16-102 Fraud: Intentional deception resulting in injury to another. Germination: means the emergence and development from the seed embryo of those essential structures that are, for the kind of seed in question, indicative of the ability to produce a normal plant under favorable conditions expressed in whole numbers. See Utah Code 4-16-102 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Hard seed: means seed that remains hard at the end of the prescribed germination test period because the seed has not absorbed water due to an impermeable seed coat. See Utah Code 4-16-102 Horse event: means an event in which horses are roped or tripped for the purpose of a specific event or contest. See Utah Code 4-2-502 Horse tripping: means the lassoing or roping of the legs of an equine, or otherwise tripping or causing an equine to fall by any means, for the purpose of entertainment, sport, or contest, or practice for entertainment, sport, or contest. See Utah Code 4-2-502 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Indian country: means the same as that term is defined in 18 U. See Utah Code 4-2-901 Inert matter: means all matter that is not seed, including broken seeds, sterile florets, chaff, fungus bodies, and stones, as determined by methods defined by rule. See Utah Code 4-16-102 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement 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. Kind: means one or more related species or subspecies of seed that singly or collectively are known by one common name, for example, corn, oats, alfalfa, and timothy. See Utah Code 4-16-102 Label: includes a representation on an invoice, bill, or letterhead. See Utah Code 4-16-102 Labeling: includes a tag or other device attached to, written, stamped, or printed on a container or accompanying a lot of bulk seeds that: (a)  claims to specify the information required on the seed label by this chapter; and (b)  may include other information related to the labeled seed. See Utah Code 4-16-102 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. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Livestock: means cattle, swine, equines, sheep, camelidae, ratites, bison, goats, and domesticated elk as defined in Section 4-39-102. See Utah Code 4-7-103 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 Loan: means a loan that is made directly by, insured by, or guaranteed under a government program of: (a)  a state; (b)  the United States; or (c)  a foreign government. See Utah Code 4-2-901 Lot: means a definite quantity of seed identified by a number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors that appear in the labeling. See Utah Code 4-16-102 Maximum payment value: means the lesser of: (a)  the sum of a qualified veterinarian's education loan balances; or (b)  $100,000. See Utah Code 4-2-901 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Noxious weed seeds: means : (a)  prohibited noxious weed seeds; or (b)  restricted noxious weed seeds. See Utah Code 4-16-102 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. Off-type: means a seed or plant not part of the variety because the seed or plant deviates in one or more characteristics from the variety. See Utah Code 4-16-102 Office: means the State Historic Preservation Office created in Section 9-8-902. See Utah Code 9-8-901 Officer: means the state historic preservation officer, appointed in accordance with Section 9-8-903. See Utah Code 9-8-901 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 Origin: means : (a)  for an indigenous stand of trees, the area on which the trees are growing; and (b)  for a nonindigenous stand of trees, the place from which the seeds or plants originated. See Utah Code 4-16-102 Oversight: Committee review of the activities of a Federal agency or program. 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 Person: means an individual, partnership, corporation, company, association, receiver, trustee, or agent. See Utah Code 4-16-102 Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Probable cause: A reasonable ground for belief that the offender violated a specific law. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Producer: means a person who is primarily engaged in the business of raising livestock for profit. See Utah Code 4-7-103 Program: means the Utah Main Street Program created in Section 9-24-102. See Utah Code 9-24-101 Program: means the Veterinarian Education Loan Repayment Program created in Section 4-2-902. See Utah Code 4-2-901 Property: includes both real and personal property. See Utah Code 68-3-12.5 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Pure seed: means seed exclusive of inert matter and all other seed not of the seed being considered as determined by methods defined by rule. See Utah Code 4-16-102 Qualified veterinarian: means a veterinarian who has practiced as a veterinarian for five or more consecutive years beginning on or after May 3, 2023: (a)  in an area of the state: (i)  designated by the United States Department of Agriculture as a veterinary shortage situation during at least one of the five years; or (ii)  that is Indian country; (b)  in an animal shelter within the state operated by: (i)  a county; (ii)  a municipality; or (iii)  an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; (c)  in any area of the state as an employee of the department; or (d)  in any combination of the places described in Subsections (8)(a) through (c). See Utah Code 4-2-901 Qualifying organization: means any Utah nonprofit history organization or local government that qualifies under this chapter to create an endowment fund, receive state money into the endowment fund, match state money deposited into the endowment fund, and expend interest earned on the endowment fund. See Utah Code 9-8-701 Quorum: The number of legislators that must be present to do business. real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Reposited materials: means materials of historical, artistic, literary, or scientific value that are deposited in a collecting institution. See Utah Code 9-8-802 Seed for sprouting: means seed sold for sprouting for salad or culinary purposes. See Utah Code 4-16-102 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 Society: means the Utah State Historical Society created in Section 9-8-207. See Utah Code 9-8-102 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. 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. Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Tree and shrub seed: includes seed of woody plants commonly known and sold as tree and shrub seeds in this state. See Utah Code 4-16-102 tribe: means a tribe, band, nation, or other organized group or community of Indians that 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 9-9-101 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 Variety: means a subdivision of a kind that is: (a)  distinct, meaning a variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge; (b)  uniform, meaning that variations in essential and distinctive characteristics are describable; and (c)  stable, meaning a variety's essential and distinctive characteristics and uniformity will remain unchanged when reproduced or reconstituted as required by the category of variety. See Utah Code 4-16-102 Vegetable seed: includes the seed of those crops that are: (a)  grown in gardens or on truck farms; and (b)  generally known and sold under the name of vegetable or herb seed in this state. See Utah Code 4-16-102 Venue: The geographical location in which a case is tried. Veterinarian: means an individual licensed under Title 58, Chapter 28, Veterinary Practice Act. See Utah Code 4-2-901 Weed seed: means the seed of all plants generally recognized as weeds within this state, as determined by methods defined by rule. See Utah Code 4-16-102 Weight: means the net weight of the commodity. See Utah Code 4-16-102 Writing: includes :Utah Code 68-3-12.5