Terms Used In Utah Code > Title 4 > Chapter 21 - Beef Promotion

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• 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.
• Affiliate: means a person that controls, is controlled by, or is under common control with:

  (a)	a commercial entity; and

  (b)

  (i)  directly; or (ii)  indirectly through one or more intermediaries. See Utah Code 13-37-102 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 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 Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. 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. Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5 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. Attorney general: means the same as that term is defined in Section 77-42-102. See Utah Code 13-39-102 Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Bailiff: a court officer who enforces the rules of behavior in courtrooms. 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 Bequest: Property gifted by will. board: means the Utah Powersport Vehicle Franchise Advisory Board created in Section 13-35-103. See Utah Code 13-35-102 Business opportunity: means an arrangement under which a person: (i)  sells or leases a product, equipment, a supply, or a service: (A)  upon payment of initial required consideration of at least $500; and (B)  for the purpose of enabling the buyer or lessee to start a business; and (ii)  represents to the buyer or lessee that: (A)  the person will provide a location or assist the buyer or lessee find a location for the use or operation of a vending machine, rack, display case, or other similar device, or a currency-operated amusement machine or device, on premises neither owned nor leased by the person nor the buyer or lessee; (B)  the person will purchase a product the buyer or lessee makes, produces, fabricates, grows, or modifies, using in whole or in part the product, equipment, supply, or service the buyer or lessee buys or leases from the person; (C)  the person will provide the buyer or lessee with a guarantee that the buyer or lessee will receive income from the product, equipment, supply, or service the buyer or lessee buys or leases from the person that exceeds the amount the buyer or lessee pays to buy or lease the product, equipment, supply, or service, and if not the person will repurchase the product, equipment, supply, or service, if the buyer or lessee is dissatisfied; or (D)  the buyer or lessee will or may derive income from the business described in Subsection (1)(a)(i) that exceeds the amount the buyer or lessee pays to buy or lease the product, equipment, supply, or service. See Utah Code 13-15-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 commercial entity: means a person that: (i)  has an office or other place of business located in the state; and (ii)  in the ordinary course of business transacts a consumer transaction in this state. See Utah Code 13-37-102 Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109 Compensation: means anything of economic value that is paid or transferred to a commercial entity for or in direct consideration of the disclosure of nonpublic personal information. See Utah Code 13-37-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Computer software: means a sequence of instructions written in any programming language that is executed on a computer. See Utah Code 13-40-102 Computer virus: means a computer program or other set of instructions that is designed to degrade the performance of or disable a computer or computer network and is designed to have the ability to replicate itself on another computer or computer network without the authorization of the owner of the other computer or computer network. See Utah Code 13-40-102 Consignor: means a person who ships or delivers livestock to a dealer for handling or sale. See Utah Code 4-7-103 Consumer transaction: includes : (i)  the use of nonpublic personal information in relation to a transaction with a person if the transaction is for primarily personal, family, or household purposes; and (ii)  with respect to any transaction described in Subsection (4)(a): (A)  an offer or solicitation; (B)  an agreement; (C)  the performance of an agreement; or (D)  a charitable solicitation as defined in Section 13-11-3. See Utah Code 13-37-102 Contact point: means an electronic identification to which a communication may be sent, including: (a)  an email address; (b)  an instant message identity, subject to rules made by the unit under Subsection 13-39-203(1); (c)  a mobile or other telephone number; (d)  a facsimile number; or (e)  an electronic address: (i)  similar to a contact point listed in this Subsection (2); and (ii)  defined as a contact point by rule made by the unit under Subsection 13-39-203(1). See Utah Code 13-39-102 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. Council: means the Utah Beef Council created in Section 4-21-103. See Utah Code 4-21-102 County legislative body: means :Utah Code 68-3-12.5 Customer: means a person that: (a)  causes a molder to fabricate, cast, or otherwise make a mold; or (b)  provides a molder with a mold to make a product for the customer. See Utah Code 13-31-102 Damage: means any significant impairment to the: (a)  performance of a computer; or (b)  integrity or availability of data, software, a system, or information. See Utah Code 13-40-102 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 Dealership: means a site or location in this state: (a)  at which a franchisee conducts the business of a new powersport vehicle dealer; and (b)  that is identified as a new powersport vehicle dealer's principal place of business for registration purposes under Section 13-35-105. See Utah Code 13-35-102 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 Commerce. See Utah Code 13-35-102 Department: means the Utah Department of Agriculture and Food created in Section 4-2-102. See Utah Code 4-21-102 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-15-102 Domesticated elk: means elk of the genus and species cervus elaphus, held in captivity and domestically raised for commercial purposes. See Utah Code 4-39-102 Domesticated elk facility: includes an elk ranch. See Utah Code 4-39-102 Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC 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: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to: (a)  the power and duty to carry laws and ordinances into effect and secure their due observance; and (b)  those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101 Executive director: means the executive director of the Department of Commerce. See Utah Code 13-35-102 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. False pretenses: means the representation of a fact or circumstance that is not true and is calculated to mislead. See Utah Code 13-40-102 Financial transaction card: includes : (i)  a credit card; (ii)  a credit plate; (iii)  a bank services card; (iv)  a banking card; (v)  a check guarantee card; (vi)  a debit card; (vii)  a telephone credit card; and (viii)  a device for access as defined in Section 7-16a-102. See Utah Code 13-38a-102 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. Franchise: means the same as that term is defined by Federal Trade Commission rules governing franchise and business opportunity ventures. See Utah Code 13-15-102 franchise agreement: means a written agreement, for a definite or indefinite period, in which: (a)  a person grants to another person a license to use a trade name, trademark, service mark, or related characteristic; and (b)  a community of interest exists in the marketing of new powersport vehicles, new powersport vehicle parts, and services related to the sale or lease of new powersport vehicles at wholesale or retail. See Utah Code 13-35-102 Franchisee: means a person with whom a franchisor has agreed or permitted, in writing or in practice, to purchase, sell, or offer for sale new powersport vehicles manufactured, produced, represented, or distributed by the franchisor. See Utah Code 13-35-102 Franchisor: means a person who has, in writing or in practice, agreed with or permits a franchisee to purchase, sell, or offer for sale new powersport vehicles manufactured, produced, represented, or distributed by the franchisor, and includes: (i)  the manufacturer or distributor of the new powersport vehicles; (ii)  an intermediate distributor; (iii)  an agent, officer, or field or area representative of the franchisor; and (iv)  a person who is affiliated with a manufacturer or a representative or who directly or indirectly through an intermediary is controlled by, or is under common control with the manufacturer. See Utah Code 13-35-102 Fraud: Intentional deception resulting in injury to another. 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 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Grantor: The person who establishes a trust and places property into it. Identifying information: means any information that can be used to access a person's financial accounts or to obtain goods and services, including the person's: (i)  address; (ii)  birth date; (iii)  Social Security number; (iv)  driver license number; (v)  non-driver governmental identification number; (vi)  telephone number; (vii)  bank account number; (viii)  student identification number; (ix)  credit or debit card number; (x)  personal identification number; (xi)  unique biometric data; (xii)  employee or payroll number; (xiii)  automated or electronic signature; (xiv)  computer image file; (xv)  photograph; or (xvi)  computer screen name or password. See Utah Code 13-40-102 Immediate resale: means the resale of livestock within 60 days of purchase. See Utah Code 4-7-103 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. Intentionally deceptive: means any of the following: (a)  an intentionally and materially false or fraudulent statement; (b)  a statement or description that intentionally omits or misrepresents material information in order to deceive an owner or operator of a computer; or (c)  an intentional and material failure to provide a notice to an owner or operator concerning the installation or execution of computer software, for the purpose of deceiving the owner or operator. See Utah Code 13-40-102 Internet: means the global information system that is logically linked together by a globally unique address space based on the Internet protocol (IP), or its subsequent extensions, and that is able to support communications using the transmission control protocol/Internet protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high-level services layered on communications and related infrastructure. See Utah Code 13-40-102 Internet service provider: means : (a)  an Internet service provider, as defined in Section 76-10-1230; or (b)  a hosting company, as defined in Section 76-10-1230. See Utah Code 13-40-102 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 Law clerk: Assist judges with research and drafting of opinions. Lead: means the referral by a franchisor to a franchisee of an actual or potential customer for the purchase or lease of a new powersport vehicle, or for service work related to the franchisor's vehicles. See Utah Code 13-35-102 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to: (a)  the power and duty to enact ordinances, levy taxes, and establish budgets; and (b)  those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101 Lien: A claim against real or personal property in satisfaction of a debt. Line-make: means the powersport vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the franchisor, or manufacturer of the powersport vehicle. See Utah Code 13-35-102 Lineal descendant: Direct descendant of the same ancestors. 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 Livestock dealer: means a person engaged in the business of purchasing livestock for immediate resale or interstate shipment for immediate resale. See Utah Code 4-7-103 Make: includes to manufacture, assemble, cast, or fabricate. See Utah Code 13-31-102 Marketing agency: means a person who acts as an agent of the seller in the sale of cattle in that the person issues payment to the seller and is entitled to a commission based upon the sale. See Utah Code 4-21-102 Message: means a graphical or text communication presented to an authorized user of a computer. See Utah Code 13-40-102 Mold: includes a die, form, or pattern. See Utah Code 13-31-102 Molder: includes a tool or die maker. See Utah Code 13-31-102 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. Mortgagee: The person to whom property is mortgaged and who has loaned the money. Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money. New powersport vehicle dealer: means a person who is engaged in the business of buying, selling, offering for sale, or exchanging new powersport vehicles either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise who has established a place of business for the sale, lease, trade, or display of powersport vehicles. See Utah Code 13-35-102 Nonpublic personal information: includes : (i)  a person's Social Security number; (ii)  information used to determine a person's credit worthiness including a person's: (A)  income; or (B)  employment history; (iii)  the purchasing patterns of a person; or (iv)  the personal preferences of a person. See Utah Code 13-37-102 Notice: includes all papers and orders, except process, required to be served in any proceeding before any court, board, commission or officer, or when required by law to be served independently of such proceedings. See Utah Code 17-22-1 notify: includes both traditional written communications and all reliable forms of electronic communication unless expressly prohibited by statute or rule. See Utah Code 13-35-102 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 Owner or operator: means the owner or lessee of a computer, or a person using a computer with the owner's or lessee's authorization. See Utah Code 13-40-102 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 Person: means any individual, partnership, corporation, limited liability company, or other organization, or any combination thereof. See Utah Code 13-40-102 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Personally identifiable information: means any of the following information if it allows the entity holding the information to identify the owner or operator of a computer: (a)  the first name or first initial in combination with the last name and a home or other physical address including street name; (b)  a personal identification code in conjunction with a password required to access an identified account, other than a password, personal identification number, or other identification number transmitted by an authorized user to the issuer of the account or its agent; (c)  a Social Security number, tax identification number, driver license number, passport number, or any other government-issued identification number; or (d)  an account balance, overdraft history, or payment history that personally identifies an owner or operator of a computer. See Utah Code 13-40-102 Plaintiff: The person who files the complaint in a civil lawsuit. Powersport vehicle: means : (i)  an all-terrain type I, type II, or type III vehicle "ATV" defined in Section 41-22-2; (ii)  a snowmobile as defined in Section 41-22-2; (iii)  a motorcycle as defined in Section 41-1a-102; (iv)  a personal watercraft as defined in Section 73-18-2; (v)  except as provided in Subsection (12)(b), a motor-driven cycle as defined in Section 41-6a-102; or (vi)  a moped as defined in Section 41-6a-102. See Utah Code 13-35-102 Principal: means as the division determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 13-15-102 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: as used in this chapter includes all writs, warrants, summonses and orders of the courts of justice or judicial officers. See Utah Code 17-22-1 Producer: means a person who is primarily engaged in the business of raising livestock for profit. See Utah Code 4-7-103 Producer: means a person who owns and raises or owns and feeds cattle. See Utah Code 4-21-102 products of agriculture: means any product useful to the human species that results from the application of the science and art of the production of plants, minerals, and animals. See Utah Code 4-8-103 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public information: means a person's: (a)  name; (b)  telephone number; or (c)  street address. See Utah Code 13-37-102 Purchaser: means a person who buys or leases from another person a business opportunity. See Utah Code 13-15-102 Purchaser: means a person who buys cattle. See Utah Code 4-21-102 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. Receipt: means any document related to the transaction of business provided to a person that uses a financial transaction card. See Utah Code 13-38a-102 Registry: means the child protection registry established in Section 13-39-201. See Utah Code 13-39-102 Relevant market area: means : (a)  for a powersport dealership in a county that has a population of less than 225,000: (i)  the county in which the powersport dealership exists or is to be established or relocated; and (ii)  in addition to the county described in Subsection (13)(a)(i), the area within a 15-mile radius from the site of the existing, new, or relocated dealership; or (b)  for a powersport dealership in a county that has a population of 225,000 or more, the area within a 10-mile radius from the site of the existing, new, or relocated dealership. See Utah Code 13-35-102 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. Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC Seller: means a person who offers to sell, offers to lease, sells, or leases to another person a business opportunity. See Utah Code 13-15-102 Seller: means a person who offers cattle for sale. See Utah Code 4-21-102 service mark: means a trademark, trade name, or service mark registered with the United States Patent and Trademark Office, or Utah, or the state of incorporation if a corporation. See Utah Code 13-15-102 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 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. substantially detrimental: includes the failure of any proposed transferee to meet the objective criteria applied by the franchisor in qualifying franchisees at the time of application. See Utah Code 13-35-305 Summons: Another word for subpoena used by the criminal justice system. 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. third party: means a person other than the commercial entity that obtains nonpublic personal information. See Utah Code 13-37-102 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. Unit: means the Internet Crimes Against Children unit within the Office of the Attorney General created in Section 67-5-21. See Utah Code 13-39-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5 Webpage: means a location that has a single uniform resource locator (URL) with respect to the World Wide Web or another location that can be accessed on the Internet. See Utah Code 13-40-102 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5