Part 1 Organization 4-3-101 – 4-3-102
Part 2 Rules and Regulations 4-3-201 – 4-3-206
Part 3 Licensing Permits 4-3-301 – 4-3-302
Part 4 Unlawful Acts 4-3-401 – 4-3-403
Part 5 Special Programs 4-3-501 – 4-3-503

Terms Used In Utah Code > Title 4 > Chapter 3

  • Adulterated: means any dairy product that:
    (a) contains any poisonous or deleterious substance that may render it injurious to health;
    (b) has been produced, prepared, packaged, or held:
    (i) under unsanitary conditions;
    (ii) where it may have become contaminated; or
    (iii) where it may have become diseased or injurious to health;
    (c) contains any food additive that is unsafe within the meaning of 21 U. See Utah Code 4-3-102
  • Advertisement: means any representation made relative to seeds, plants, bulbs, or ground stock other than those on the label of a seed container, disseminated in any manner. See Utah Code 4-16-102
  • 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.
  • 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 4-7-110
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Blend: means seed consisting of more than one variety of a kind, each in excess of 5% by weight of the whole. See Utah Code 4-16-102
  • certified seed: means seed that is produced and labeled in accordance with procedures officially recognized by a seed certifying agency approved and accredited in this state. See Utah Code 4-16-102
  • 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
  • City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
  • Commissioner: means the commissioner of agriculture and food. See Utah Code 4-7-110
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contiguous: means :
    (a) if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and
    (b) if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County legislative body: means :Utah Code 48-2e-1156
  • Cow-share program: means a program in which a person acquires an undivided interest in a milk producing hoofed mammal through an agreement with a producer that includes:
    (a) a bill of sale for an interest in the mammal;
    (b) a boarding arrangement under which the person boards the mammal with the producer for the care and milking of the mammal and the boarding arrangement and bill of sale documents remain with the program operator;
    (c) an arrangement under which the person receives raw milk for personal use not to be sold or distributed in a retail environment or for profit; and
    (d) no more than two cows, 10 goats, and 10 sheep per farm in the program. See Utah Code 4-3-102
  • Dairy product: means any product derived from raw or pasteurized milk. See Utah Code 4-3-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-7-110
  • Distributor: means any person who distributes a dairy product. See Utah Code 4-3-102
  • 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
  • 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.
  • Filled milk: means any milk, cream, or skimmed milk, whether condensed, evaporated, concentrated, powdered, dried, or desiccated, that has fat or oil other than milk fat added, blended, or compounded with it so that the resultant product is an imitation or semblance of milk, cream, or skimmed milk. See Utah Code 4-3-102
  • 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
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • 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. 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.
  • Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
  • Highway: includes :Utah Code 48-2e-1156
  • Hybrid: means the first generation seed of a cross produced by controlling pollination and by combining:
    (i) two or more inbred lines;
    (ii) one inbred or a single cross with an open-pollinated variety; or
    (iii) two varieties or species, except open-pollinated varieties of corn, Zea mays. See Utah Code 4-16-102
  • 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.
  • 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 48-2e-1156
  • 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 body: means the legislative body of the municipality. See Utah Code 10-2a-410
  • License: means a document allowing a person or plant to process, manufacture, supply, test, haul, or pasteurize milk or milk products or conduct other activity specified by the license. See Utah Code 4-3-102
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • 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
  • Manufacturer: means any person who processes milk in a way that changes the milk's character. See Utah Code 4-3-102
  • Misbranded: means :
    (a) any dairy product whose label is false or misleading in any particular, or whose label or package fails to conform to any federal regulation adopted by the department that pertains to packaging and labeling;
    (b) any dairy product in final packaged form manufactured in this state that does not bear:
    (i) the manufacturer's, packer's, or distributor's name, address, and plant number, if applicable;
    (ii) a clear statement of the product's common or usual name, quantity, and ingredients, if applicable; and
    (iii) any other information required by rule of the department;
    (c) any butter in consumer package form that is not at least B grade, or that does not meet the grade claimed on the package, measured by U. See Utah Code 4-3-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • mixed: means seed consisting of more than one kind, each in excess of 5% by weight of the whole. See Utah Code 4-16-102
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 48-2e-1156
  • Mulch: means a protective covering of a suitable substance placed with seed that:
    (a) acts to retain sufficient moisture to support seed germination and sustain early seedling growth;
    (b) aids in the prevention of the evaporation of soil moisture;
    (c) aids in the control of weeds; and
    (d) aids in the prevention of erosion. See Utah Code 4-16-102
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipality: includes every city or town within this state. See Utah Code 10-2a-410
  • Municipality: means :
    (a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
    (b) a town, as classified in Section 10-2-301; or
    (c) a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104
  • Noxious weed seed: means weed seed declared noxious by the commissioner in accordance with Section 4-17-103. See Utah Code 4-16-102
  • Oath: includes "affirmation. See Utah Code 48-2e-1156
  • 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
  • Other crop seed: means the seed of plants grown as crops other than the kind or variety included in the pure seed, as determined by methods defined by rule. See Utah Code 4-16-102
  • Pedestrian mall: means one or more streets or portions thereof, on which vehicular traffic is, or is to be, restricted in whole or in part and which is, or is to be, used exclusively or primarily for pedestrian travel. See Utah Code 10-2a-410
  • Permit or certificate: means a document allowing a person to market milk. See Utah Code 4-3-102
  • Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-7-110
  • Person: means :Utah Code 48-2e-1156
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • Person: means an individual, partnership, corporation, company, association, receiver, trustee, or agent. See Utah Code 4-16-102
  • Personal property: includes :Utah Code 48-2e-1156
  • Plant: means any facility where milk is processed or manufactured. See Utah Code 4-3-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 48-2e-1156
  • Processor: means any person who subjects milk to a process. See Utah Code 4-3-102
  • Producer: means a person who owns a cow or other milk producing hoofed mammal that produces milk for consumption by persons other than the producer's family, employees, or nonpaying guests. See Utah Code 4-3-102
  • Property: includes both real and personal property. See Utah Code 48-2e-1156
  • 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
  • Raw milk: means unpasteurized milk. See Utah Code 4-3-102
  • real property: includes :Utah Code 48-2e-1156
  • 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.
  • Retailer: means any person who sells or distributes dairy products directly to the consumer. See Utah Code 4-3-102
  • Road: includes :Utah Code 48-2e-1156
  • 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 48-2e-1156
  • Sowing: means the placement of agricultural seed, vegetable seed, flower seed, tree and shrub seed, or seed for sprouting in a selected environment for the purpose of obtaining plant growth. See Utah Code 4-16-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
  • Statute: A law passed by a legislature.
  • Street: means any public road, street, highway, alley, lane, court, way, or place of any nature open to the use of the public, excluding state highways. See Utah Code 10-2a-410
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
  • Treated: means that a seed has received an application of a substance or been subjected to a process about which a claim is made. See Utah Code 4-16-102
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Type: means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. See Utah Code 4-16-102
  • Unincorporated: means not within a municipality. See Utah Code 10-1-104
  • 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
  • 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
  • Writing: includes :Utah Code 48-2e-1156
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