Part 1 Organization 4-25-101 – 4-25-104
Part 2 Management of Estrays 4-25-201 – 4-25-206
Part 3 Swine 4-25-301 – 4-25-303
Part 4 Impounded Livestock 4-25-401

Terms Used In Utah Code > Title 4 > Chapter 25

  • Address: includes :
    (i) a post office box number;
    (ii) a rural free delivery route number; and
    (iii) a street name and number. See Utah Code 16-6a-102
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • 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
  • 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.
  • 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.
  • 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.
  • Articles of incorporation: include :
    (a) amended articles of incorporation;
    (b) restated articles of incorporation;
    (c) articles of merger; and
    (d) a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of 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.
  • Beneficial substances or compounds: means a substance or compound other than primary, secondary, and micro plant nutrients that can be demonstrated by scientific research to be beneficial to one or more species of plants when applied exogenously. See Utah Code 4-13-102
  • Blender: means a person engaged in the business of blending or mixing fertilizer, soil amendments, or both. See Utah Code 4-13-102
  • board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
  • Brand: means a term, design, or trade mark used in connection with one or several grades of fertilizer or soil amendment. See Utah Code 4-13-102
  • Brand name: means one or more words, names, symbols, or devices that:
    (a) identify a distributor or registrant's commercial feed; and
    (b) distinguish the distributor or registrant's commercial feed from the commercial feed of others. See Utah Code 4-12-102
  • Bylaws: includes :
    (i) amended bylaws; and
    (ii) restated bylaws. See Utah Code 16-6a-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commercial feed: means all materials that are distributed for use as feed or for mixing in feed. See Utah Code 4-12-102
  • 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.
  • Contract feeder: means a person who:
    (a) is an independent contractor; and
    (b) in accordance with the terms of a contract:
    (i) is provided commercial feed;
    (ii) feeds the commercial feed to an animal; and
    (iii) receives remuneration that is calculated in whole or in part by feed consumption, mortality, profit, product amount, or product quality. See Utah Code 4-12-102
  • 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.
  • County: means a unit of local government that is a body corporate and politic and a legal subdivision of the state, with geographic boundaries as described in Section 17-50-104, and powers as provided in Part 3, County Powers. See Utah Code 17-50-101
  • County executive: means :Utah Code 68-3-12.5
  • County legislative body: means :Utah Code 68-3-12.5
  • Custom blend: means a fertilizer blended according to specification provided to a blender in a soil test nutrient recommendation or to meet the specific consumer request before blending. See Utah Code 4-13-102
  • Customer-formula feed: means commercial feed that consists of a mixture of commercial feeds or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser. See Utah Code 4-12-102
  • 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.
  • Deficiency: means the amount of nutrient found by analysis to be less than that guaranteed. See Utah Code 4-13-102
  • Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • Devise: To gift property by will.
  • Director: means a member of the board of directors. See Utah Code 16-6a-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Distribute: means to import, consign, manufacture, produce, compound, mix, blend, or to offer for sale, sell, barter, or supply fertilizer or soil amendments in the state. See Utah Code 4-13-102
  • Distribute: means to:
    (a) offer for sale, sell, exchange, or barter commercial feed; or
    (b) supply, furnish, or otherwise provide commercial feed to a contract feeder. See Utah Code 4-12-102
  • Distribution: means the payment of a dividend or any part of the income or profit of a nonprofit corporation to the nonprofit corporation's:
    (i) members;
    (ii) directors; or
    (iii) officers. See Utah Code 16-6a-102
  • Distributor: means a person who distributes. See Utah Code 4-13-102
  • Drug: means any article intended:
    (a) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans; and
    (b) to affect the structure or any function of the animal body, unless the article is feed. See Utah Code 4-12-102
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Entity: includes :
    (a) a domestic or foreign corporation;
    (b) a domestic or foreign nonprofit corporation;
    (c) a limited liability company;
    (d) a profit or nonprofit unincorporated association;
    (e) a business trust;
    (f) an estate;
    (g) a partnership;
    (h) a trust;
    (i) two or more persons having a joint or common economic interest;
    (j) a state;
    (k) the United States; or
    (l) a foreign government. See Utah Code 16-6a-102
  • 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
  • Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Feed ingredient: means each constituent material in a commercial feed. See Utah Code 4-12-102
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fertilizer: means a substance that contains one or more recognized plant nutrients that is used for the substance's plant nutrient content and is designed for use or claimed to have value in promoting plant growth, exclusive of unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, gypsum, and other products exempted by rule. See Utah Code 4-13-102
  • Fertilizer material: means a fertilizer that contains:
    (a) quantities of no more than one of the primary plant nutrients, nitrogen (N), phosphate (P2O5), Potash (K2O);
    (b) 85% plant nutrients in the form of a single chemical compound; or
    (c) plant or animal residues or by-products, or a natural material deposit that is processed so that its primary plant nutrients have not been materially changed, except through purification and concentration. See Utah Code 4-13-102
  • 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.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grade: means the percentage of total nitrogen, available phosphate and soluble potash stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis if that specialty fertilizers may be guaranteed in fractional units of less than one percent of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash and that fertilizer materials such as bone meal, manures, and similar raw materials may be guaranteed in fractional units. See Utah Code 4-13-102
  • Guaranteed analysis: means the minimum percentage by weight of plant nutrients claimed in the following order and form:
    Total Nitrogen (N)
    ____ percent. See Utah Code 4-13-102
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Industrial hemp: means any part of a cannabis plant, whether growing or not, with a concentration of less than 0. See Utah Code 4-41-102
  • Industrial hemp laboratory permit: means a permit that the department issues to a laboratory qualified to test industrial hemp under the state hemp production plan. See Utah Code 4-41-102
  • Industrial hemp product: means a product derived from, or made by, processing industrial hemp plants or industrial hemp parts. See Utah Code 4-41-102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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 upon or accompanying a commercial feed. See Utah Code 4-12-102
  • 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
  • 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
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Livestock: means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit. See Utah Code 4-1-109
  • Medicinal dosage form: means :
    (a) a tablet;
    (b) a capsule;
    (c) a concentrated oil;
    (d) a liquid suspension;
    (e) a sublingual preparation;
    (f) a topical preparation;
    (g) a transdermal preparation;
    (h) a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular cuboid shape; or
    (i) other preparations that the department approves. See Utah Code 4-41-102
  • Member: includes :
    (i) "voting member"; and
    (ii) a shareholder in a water company. See Utah Code 16-6a-102
  • Membership: refers to the rights and obligations of a member or members. See Utah Code 16-6a-102
  • Misbranded: includes commercial feed that is distributed under the name of another commercial feed. See Utah Code 4-12-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Non-compliant material: means a hemp plant or hemp product that does not comply with this chapter, including a cannabis plant or product that contains a concentration of 0. See Utah Code 4-41-102
  • Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102
  • Official sample: means a sample of commercial feed taken by the department in accordance with this chapter and designated as "official. See Utah Code 4-12-102
  • 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
  • percentage: means percentage by weight. See Utah Code 4-12-102
  • Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
  • Person: means an:
    (a) individual; or
    (b) entity. See Utah Code 16-6a-102
  • Person: means :Utah Code 68-3-12.5
  • Person: means :
    (a) an individual, partnership, association, firm, trust, limited liability company, or corporation; and
    (b) an agent or employee of an individual, partnership, association, firm, trust, limited liability company, or corporation. See Utah Code 4-41-102
  • Personal property: includes :Utah Code 68-3-12.5
  • Pet: means a domesticated dog or cat. See Utah Code 4-12-102
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Principal office: means :
    (a) the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including:
    (i) an annual report;
    (ii) an application for a certificate of authority; or
    (iii) a notice of change of principal office; or
    (b) if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeding: includes :
    (a) a civil suit;
    (b) arbitration;
    (c) mediation;
    (d) a criminal action;
    (e) an administrative action; or
    (f) an investigatory action. See Utah Code 16-6a-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Product name: means the name of the commercial feed that:
    (a) identifies the kind, class, or specific use of the commercial feed; and
    (b) distinguishes the commercial feed from all other products bearing the same brand name. See Utah Code 4-12-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Quantity statement: means the net weight in mass, liquid measurement, or count. See Utah Code 4-12-102
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :Utah Code 68-3-12.5
  • Receive: when used in reference to receipt of a writing or other document by a domestic or foreign nonprofit corporation, means the writing or other document is actually received:
    (a) by the domestic or foreign nonprofit corporation at:
    (i) its registered office in this state; or
    (ii) its principal office;
    (b) by the secretary of the domestic or foreign nonprofit corporation, wherever the secretary is found; or
    (c) by another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-6a-102
  • Record date: means the date established under Part 6, Members, or Part 7, Member Meetings and Voting, on which a nonprofit corporation determines the identity of the nonprofit corporation's members. See Utah Code 16-6a-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.
  • Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-6a-818(3) for:
    (a) the preparation and maintenance of:
    (i) minutes of the meetings of:
    (A) the board of directors; or
    (B) the members; and
    (ii) the other records and information required to be kept by the nonprofit corporation pursuant to Section 16-6a-1601; and
    (b) authenticating records of the nonprofit corporation. See Utah Code 16-6a-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.
  • Share: means a unit of interest in a nonprofit corporation. See Utah Code 16-6a-102
  • Shareholder: means a person in whose name a share is registered in the records of a nonprofit corporation. See Utah Code 16-6a-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Specialty pet: means any animal normally maintained in a household for nonproduction purposes, including rodents, ornamental birds, ornamental fish, reptiles, amphibians, ferrets, hedgehogs, marsupials, and rabbits. See Utah Code 4-12-102
  • 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
  • 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.
  • Ton: means a net weight of 2,000 pounds avoirdupois. See Utah Code 4-12-102
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • 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
  • Vote: includes authorization by:
    (a) written ballot; and
    (b) written consent. See Utah Code 16-6a-102
  • Voting group: means all the members of one or more classes of members or directors that, under this chapter, the articles of incorporation, or the bylaws, are entitled to vote and be counted together collectively on a matter. See Utah Code 16-6a-102
  • voting member: includes a "shareholder" if the nonprofit corporation has shareholders. See Utah Code 16-6a-102
  • Writing: includes :Utah Code 68-3-12.5
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