§ 4-32-101 Title
§ 4-32-102 Purpose declaration
§ 4-32-103 Adoption of federal provisions
§ 4-32-104 Emergency rules
§ 4-32-105 Definitions
§ 4-32-106 Meat establishment license — Slaughtering livestock except in licensed meat establishment prohibited — Exceptions — Violation a misdemeanor
§ 4-32-107 Meat establishment and farm custom slaughter licenses — Application — Fees — Expiration — Renewal
§ 4-32-108 Duties of person who holds a farm custom slaughter license
§ 4-32-109 Mandatory functions, powers, and duties of department prescribed
§ 4-32-110 Discretionary functions, powers, and duties of commissioner prescribed
§ 4-32-111 Additional powers of commissioner
§ 4-32-112 Judicial review of orders enforcing chapter
§ 4-32-113 Preparation and slaughter of livestock, poultry, or livestock and poultry products — Adulterated or misbranded products — Violation of rule or order
§ 4-32-114 Unauthorized use or possession of official devices, labels, marks, or certificates — False statements, misrepresentations, and trade secrets
§ 4-32-115 Meat or poultry products to be marked or labeled — Meat or poultry products not intended for human food — Dead, dying, disabled, or diseased animals
§ 4-32-116 Attempt to bribe state officer or employee — Acceptance of bribe — Interference with official duties — Penalties
§ 4-32-117 Inspection of products placed in containers — Supervision of inspector — Access to establishment
§ 4-32-118 Detention of animals or meat or poultry products — Removal of official marks
§ 4-32-119 Quarantine authorized — Conditions giving rise to quarantine
§ 4-32-120 Rules for the construction and operation of meat establishments authorized
§ 4-32-121 Suspension or revocation — Grounds
§ 4-32-122 Denial of application for farm custom slaughter license — Venue for judicial review
§ 4-32-123 Animals slaughtered or the meat and poultry products not intended for human use — No inspection — Products to be denatured or otherwise identified

Terms Used In Utah Code > Title 4 > Chapter 32

  • Activity regulated under this title: means any act, attempted act, or activity prohibited or regulated under any provision of Title 23, Wildlife Resources Code of Utah, or the rules, and proclamations promulgated thereunder pertaining to protected wildlife including:
    (a) fishing;
    (b) hunting;
    (c) trapping;
    (d) taking;
    (e) permitting any dog, falcon, or other domesticated animal to take;
    (f) transporting;
    (g) possessing;
    (h) selling;
    (i) wasting;
    (j) importing;
    (k) exporting;
    (l) rearing;
    (m) keeping;
    (n) utilizing as a commercial venture; and
    (o) releasing to the wild. See Utah Code 16-16-505
  • Adjudicative proceeding: means :Utah Code 48-2e-1156
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 48-2e-1156
  • Adulterated: means any meat or poultry product that:
    (a) bears or contains any poisonous or deleterious substance that may render it injurious to health, but, if the substance is not an added substance, the meat or poultry product is not considered adulterated under this subsection if the quantity of the substance in or on the meat or poultry product does not ordinarily render it injurious to health;
    (b) bears or contains, by reason of the administration of any substance to the animal or otherwise, any added poisonous or added deleterious substance that in the judgment of the commissioner makes the meat or poultry product unfit for human food;
    (c) contains, in whole or in part, a raw agricultural commodity and that commodity bears or contains a pesticide chemical that is unsafe within the meaning of 21 U. See Utah Code 7-1-302
  • 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.
  • 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
  • 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: means a domesticated or captive mammalian or avian species. See Utah Code 7-1-302
  • Animal food manufacturer: means any person engaged in the business of preparing animal food derived from animal carcasses or parts or products of the carcasses. See Utah Code 7-1-302
  • Annexing county: means the county to which a portion of an adjoining county is annexed or proposed to be annexed as provided in this part. See Utah Code 17-2-202
  • Annual benefit report: means a report required under Section 16-10b-401. See Utah Code 16-10b-103
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • 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.
  • Appraisal: A determination of property value.
  • 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
  • Aquaculture facility: means the same as that term is defined in Section 4-37-103. See Utah Code 16-16-505
  • Aquatic animal: means the same as that term is defined in Section 4-37-103. See Utah Code 16-16-505
  • Aquatic wildlife: means species of fish, mollusks, crustaceans, aquatic insects, or amphibians. See Utah Code 16-16-505
  • Armed forces: means the United States Army, Navy, Air Force, Marine Corps, and Coast Guard. See Utah Code 48-2e-1156
  • 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.
  • Assignment: includes any written stock power, bond power, bill of sale, deed, declaration of trust or other instrument of transfer. See Utah Code 16-16-113
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • 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.
  • 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
  • Benefit corporation: means a business corporation:
    (a) that elects to become subject to this chapter; and
    (b) the status of which as a benefit corporation has not been terminated. See Utah Code 16-10b-103
  • Benefit director: means the director designated as the benefit director of a benefit corporation under Section 16-10b-302. See Utah Code 16-10b-103
  • Benefit enforcement proceeding: means a proceeding in a court of competent jurisdiction for:
    (a) failure of a benefit corporation to pursue or create general public benefit or a specific public benefit purpose set forth in its articles of incorporation; or
    (b) a violation of an obligation, duty, or standard of conduct under this chapter. See Utah Code 16-10b-103
  • Benefit officer: means the individual designated as the benefit officer of a benefit corporation under Section 16-10b-304. See Utah Code 16-10b-103
  • Big game: means species of hoofed protected wildlife. See Utah Code 16-16-505
  • Branch: means a place of business of a financial institution, other than its main office, at which deposits are received and paid. See Utah Code 7-1-103
  • Broker: means any person engaged in the business of buying and selling meat or poultry products other than for the person's own account. See Utah Code 7-1-302
  • Business corporation: means a corporation formed under Chapter 10a, Utah Revised Business Corporation Act, or Chapter 11, Professional Corporation Act. See Utah Code 16-10b-103
  • Capable of use as human food: means any animal carcass, or part or product of a carcass, unless it is denatured or otherwise identified as required by rules of the department to deter the carcass or product's use as human food. See Utah Code 7-1-302
  • Carcass: means the dead body of an animal or its parts. See Utah Code 16-16-505
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Certificate of registration: means a document issued under this title, or any rule or proclamation of the Wildlife Board granting authority to engage in activities not covered by a license, permit, or tag. See Utah Code 16-16-505
  • Claim of beneficial interest: includes a claim of any interest by a decedent's legatee, distributee, heir or creditor, a beneficiary under a trust, a ward, a beneficial owner of a security registered in the name of a nominee, or a minor owner of a security registered in the name of a custodian, or a claim of any similar interest, whether the claim is asserted by the claimant or by a fiduciary or by any other authorized person in his behalf, and includes a claim that the transfer would be in breach of fiduciary duties. See Utah Code 16-16-113
  • Commissioner: means the commissioner of agriculture and food. See Utah Code 4-7-110
  • Commissioner: includes a person authorized by the commissioner to carry out the provisions of this chapter. See Utah Code 7-1-302
  • Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conservation officer: means a full-time, permanent employee of the Division of Wildlife Resources who is POST certified as a peace or a special function officer. See Utah Code 16-16-505
  • Consolidating county: means the county to which another county is joined or is proposed to be joined by consolidation under this part. See Utah Code 17-2-102
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Control: means the power, directly or indirectly, or through or in concert with one or more persons, to:
    (a) direct or exercise a controlling influence over:
    (i) the management or policies of a financial institution; or
    (ii) the election of a majority of the directors or trustees of an institution;
    (b) vote 20% or more of any class of voting securities of a financial institution by an individual; or
    (c) vote more than 10% of any class of voting securities of a financial institution by a person other than an individual. See Utah Code 7-1-103
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cooperative wildlife management unit agent: means a person appointed by a landowner, landowner association, or landowner association operator to perform the functions described in Section 23-23-9. See Utah Code 17-18a-302
  • Cooperative wildlife management unit authorization: means a card, label, ticket, or other identifying document authorizing the possessor to hunt small game or waterfowl in a cooperative wildlife management unit. See Utah Code 17-18a-302
  • Cooperative wildlife management unit permit: means a permit authorizing the possessor to hunt cougar, turkey, or big game in a cooperative wildlife management unit. See Utah Code 17-18a-302
  • Corporation: means a private or public corporation, association or trust issuing a security. See Utah Code 16-16-113
  • 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 48-2e-1156
  • County legislative body: means :Utah Code 48-2e-1156
  • County office: means an office described in Section 17-53-101 that is required to be filled by an election. See Utah Code 17-16-202
  • County office candidate: means an individual who:
    (a) files a declaration of candidacy for a county office; or
    (b) receives a contribution, makes an expenditure, or gives consent for any other person to receive a contribution or make an expenditure to bring about the individual's nomination or election to a county office. See Utah Code 17-16-202
  • County officer: means an individual who holds a county office. See Utah Code 17-16-202
  • Cultivated crops: means :Utah Code 16-16-1002
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Dedicated hunter program: means a program that provides:
    (a) expanded hunting opportunities;
    (b) opportunities to participate in projects that are beneficial to wildlife; and
    (c) education in hunter ethics and wildlife management principles. See Utah Code 16-16-505
  • 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 4-7-110
  • Department: means the Department of Financial Institutions. See Utah Code 7-1-103
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Depository institution: means a bank, savings and loan association, savings bank, industrial bank, credit union, or other institution that:
    (a) holds or receives deposits, savings, or share accounts;
    (b) issues certificates of deposit; or
    (c) provides to its customers other depository accounts that are subject to withdrawal by checks, drafts, or other instruments or by electronic means to effect third party payments. See Utah Code 7-1-103
  • Depredation mitigation plan: means the plan described in Subsection 23-16-3(2). See Utah Code 16-16-1002
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Disinterested person: means a person who is not a related or subordinate party, as defined in Section 672(c), Internal Revenue Code, with respect to the person then acting as trustee of the trust, and excludes the settlor of the trust and any interested trustee. See Utah Code 16-16-206
  • Division: means the Division of Wildlife Resources. See Utah Code 16-16-505
  • Division: means the Division of Wildlife Resources. See Utah Code 17-18a-302
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10b-103
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 17-21a-102
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Endangered: means wildlife designated as endangered according to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 16-16-505
  • 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.
  • 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
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • 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 48-2e-1156
  • expenditure: means any of the following made by a reporting entity or an agent of a reporting entity on behalf of the reporting entity:
    (i) any disbursement from contributions, receipts, or the separate bank account required under Section 17-16-6. See Utah Code 17-16-202
  • 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.
  • Farm custom slaughter: means custom exempt slaughtering of an animal for an owner without official inspection. See Utah Code 7-1-302
  • Farm custom slaughter license: means a license issued by the department to allow farm custom slaughter. See Utah Code 7-1-302
  • Farm custom slaughter NOT FOR SALE tag: means a tag issued by the department to the owner of the facility before the animal is slaughtered that specifies the animal's identification and certifies its ownership. See Utah Code 7-1-302
  • Federal acts: means :
    (a) the Federal Meat Inspection Act, 21 U. See Utah Code 7-1-302
  • Fee fishing facility: means the same as that term is defined in Section 4-37-103. See Utah Code 16-16-505
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian or nominee. See Utah Code 16-16-113
  • Fiduciary: A trustee, executor, or administrator.
  • Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103
  • 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.
  • Fishing: means to take fish or crayfish by any means. See Utah Code 16-16-505
  • 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.
  • Furbearer: means species of the Bassariscidae, Canidae, Felidae, Mustelidae, and Castoridae families, except coyote and cougar. See Utah Code 16-16-505
  • Game: means wildlife normally pursued, caught, or taken by sporting means for human use. See Utah Code 16-16-505
  • General public benefit: means a material positive impact on society and the environment:
    (a) taken as a whole;
    (b) assessed against a third-party standard; and
    (c) from the business of a benefit corporation. See Utah Code 16-10b-103
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: includes a person who:Utah Code 48-2e-1156
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Highway: includes :Utah Code 48-2e-1156
  • Hunting: means to take or pursue a reptile, amphibian, bird, or mammal by any means. See Utah Code 16-16-505
  • Income trust: means a trust, created by either an inter vivos or a testamentary instrument, which directs or permits the trustee to distribute the net income of the trust to one or more persons, either in fixed proportions or in amounts or proportions determined by the trustee. See Utah Code 16-16-206
  • 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
  • Independent: means having no material relationship with a benefit corporation or a subsidiary of the benefit corporation. See Utah Code 16-10b-103
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Initiating county: means the county, from which a portion is annexed or proposed to be annexed to an adjoining county. See Utah Code 17-2-202
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inspector: means a department employee who is trained in:
    (a) humane handling;
    (b) ante-mortem and post-mortem inspection;
    (c) processing inspection; and
    (d) regulatory requirements. See Utah Code 7-1-302
  • Institution: means :
    (a) a corporation;
    (b) a limited liability company;
    (c) a partnership;
    (d) a trust;
    (e) an association;
    (f) a joint venture;
    (g) a pool;
    (h) a syndicate;
    (i) an unincorporated organization; or
    (j) any form of business entity. See Utah Code 7-1-103
  • Institution subject to the jurisdiction of the department: means an institution or other person described in Section 7-1-501. See Utah Code 7-1-103
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 48-2e-1156
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interested trustee: means :
    (a) an individual trustee to whom the net income or principal of the trust can currently be distributed or would be distributed if the trust were to terminate and be distributed;
    (b) any trustee who may be removed and replaced by an interested distributee; or
    (c) an individual trustee whose legal obligation to support a beneficiary may be satisfied by distributions of income and principal of the trust. See Utah Code 16-16-206
  • Intermediate care facility for people with an intellectual disability: means an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social Security Act. See Utah Code 48-2e-1156
  • Intimidate or harass: means to physically interfere with or impede, hinder, or diminish the efforts of an officer in the performance of the officer's duty. See Utah Code 16-16-505
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • 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 display of printed or graphic matter upon any meat or poultry product or the immediate container, not including package liners, of any such product. See Utah Code 7-1-302
  • Labeling: means all labels and other printed or graphic matter:
    (a) upon any meat or poultry product or any of its containers or wrappers; or
    (b) accompanying a meat or poultry product. See Utah Code 7-1-302
  • Land: includes :Utah Code 48-2e-1156
  • Landowner association: means a landowner or an organization of owners of private lands who operates a cooperative wildlife management unit. See Utah Code 17-18a-302
  • Landowner association operator: means a person designated by a landowner association to operate the cooperative wildlife management unit. See Utah Code 17-18a-302
  • 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
  • Legatee: A beneficiary of a decedent
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensee: means a person who holds a valid farm custom slaughter license. See Utah Code 7-1-302
  • 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, 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 4-7-110
  • Local school board candidate: means an individual who:
    (a) files a declaration of candidacy for local school board; or
    (b) receives a contribution, makes an expenditure, or gives consent for any other person to receive a contribution or make an expenditure to bring about the individual's nomination or election to a local school board. See Utah Code 17-16-202
  • Management plan: means a document prepared in accordance with this chapter that describes how one or more tracts of land owned by the Division of Wildlife Resources are to be used. See Utah Code 17-16-7
  • Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
  • Meat: means the edible muscle, and other edible parts, of an animal, including edible:
    (a) skeletal muscle;
    (b) organs;
    (c) muscle found in the tongue, diaphragm, heart, or esophagus; and
    (d) fat, bone, skin, sinew, nerve, or blood vessel that normally accompanies meat and is not ordinarily removed in processing. See Utah Code 7-1-302
  • Meat establishment: means a plant or fixed premises used to:
    (a) slaughter animals for human consumption; or
    (b) process meat or poultry products for human consumption. See Utah Code 7-1-302
  • Meat product: means any product capable of use as human food that is made wholly or in part from any meat or other part of the carcass of any non-avian animal. See Utah Code 7-1-302
  • Minimum status vote: means :
    (a) in the case of a business corporation, in addition to any other required approval or vote, the satisfaction of the following conditions:
    (i) the shareholders of every class or series may vote as a separate voting group on the corporate action regardless of a limitation stated in the articles of incorporation or bylaws on the voting rights of a class or series; and
    (ii) the corporate action is required to be approved by vote of the shareholders of each class or series entitled to cast at least two-thirds of the votes that all shareholders of the class or series are entitled to cast on the action; or
    (b) in the case of a domestic entity other than a business corporation, in addition to any other required approval, vote, or consent, the satisfaction of the following conditions:
    (i) the holders of every class or series of equity interest in the entity that are entitled to receive a distribution of any kind from the entity may vote on or consent to the action regardless of any otherwise applicable limitation on the voting or consent rights of a class or series; and
    (ii) the action must be approved by vote or consent of the holders described in Subsection (12)(b)(i) entitled to cast at least two-thirds of the votes or consents that all of those holders are entitled to cast on the action. See Utah Code 16-10b-103
  • Misbranded: means any meat or poultry product that:
    (a) bears a label that is false or misleading in any particular;
    (b) is offered for sale under the name of another food;
    (c) is an imitation of another food, unless the label bears, in type of uniform size and prominence, the word "imitation" followed by the name of the food imitated;
    (d) if it has a container, the container is made, formed, or filled as to be misleading;
    (e) does not bear a label showing:
    (i) the name and place of business of the manufacturer, packer, or distributor; and
    (ii) an accurate statement of the quantity of the product in terms of weight, measure, or numerical count, provided that under this Subsection (26)(e), exemptions as to meat and poultry products not in containers may be established by rules of the department and that under this Subsection (26)(e)(ii), reasonable variations may be permitted, and exemptions for small packages may be established for meat or poultry products by rule of the department;
    (f) does not bear any word, statement, or other information required by or under authority of this chapter to appear on the label or other labeling that is not prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
    (g) is a food for which a definition and standard of identity or composition has been prescribed by rules of the department under Section 4-32-109 if the food does not conform to the definition and standard and the label does not bear the name of the food and any other information that is required by the rule;
    (h) is a food for which a standard of fill has been prescribed by rule of the department for the container and the actual fill of the container falls below that prescribed unless the food's label bears, in a manner and form as the rule specifies, a statement that the food falls below the standard;
    (i) is a food for which no standard or definition of identity has been prescribed under Subsection (26)(g) unless the label bears:
    (i) the common or usual name of the food, if there be any; and
    (ii) if the food is fabricated from two or more ingredients, the common or usual name of each such ingredient, except that spices, flavorings, and colorings may, when authorized by the department, be designated as spices, flavorings, and colorings without naming each, provided that to the extent that compliance with the requirements of this Subsection (26)(i)(ii) is impracticable, or results in deception or unfair competition, exemptions shall be established by rule;
    (j) is a food that purports to be or is represented to be for special dietary uses, unless the label bears information concerning the food's vitamin, mineral, and other dietary properties as the department, after consultation with the Secretary of Agriculture of the United States, prescribes by rules as necessary to inform purchasers as to the food's value for special dietary uses;
    (k) bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless the food bears labeling stating that fact, provided that to the extent that compliance with the requirements of this subsection are impracticable, exemptions shall be prescribed by rules of the department; or
    (l) does not bear directly thereon and on the food's containers, as the department may prescribe by rule, the official inspection legend and establishment number of the official establishment where the product was prepared, and, unrestricted by any of the foregoing, other information as the department may require by rule to assure that the meat or poultry product will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the meat or poultry product in a wholesome condition. See Utah Code 7-1-302
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mitigation review panel: means the panel created under Section 23-16-3. See Utah Code 16-16-1002
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 48-2e-1156
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Natural flowing stream: includes perennial or intermittent water flows in a:
    (i) realigned or modified channel that replaces the historic, natural flowing stream channel; and
    (ii) dredged natural flowing stream channel. See Utah Code 16-16-505
  • Natural lake: means a perennial or intermittent body of water that collects on the surface of the earth exclusively through the forces of nature and without human assistance. See Utah Code 16-16-505
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonresident: means a person who does not qualify as a resident. See Utah Code 16-16-505
  • Oath: includes "affirmation. See Utah Code 48-2e-1156
  • 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.
  • Official certificate: means any certificate prescribed by rules of the department for issuance by an inspector or other person performing official functions under this chapter. See Utah Code 7-1-302
  • Official device: means a device prescribed or authorized by the commissioner for use in applying an official mark. See Utah Code 7-1-302
  • Official establishment: means an establishment at which inspection of the slaughter of animals or the preparation of meat or poultry products is maintained under the authority of this chapter. See Utah Code 7-1-302
  • Official mark: means the official legend or other symbol prescribed by rules of the department to identify the status of an animal carcass or meat or poultry product under this chapter. See Utah Code 7-1-302
  • 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 4-7-110
  • Originating county: means the county that is joined or proposed to be joined to another county by consolidation under this part. See Utah Code 17-2-102
  • Out-of-state: means , in reference to a depository institution or depository institution holding company, an institution or company whose home state is not Utah. See Utah Code 7-1-103
  • 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.
  • Pecuniary gain: means the acquisition of money or something of monetary value. See Utah Code 16-16-505
  • Permit: means a document, including a stamp, that grants authority to engage in specified activities under this title or a rule or proclamation of the Wildlife Board. See Utah Code 16-16-505
  • Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-7-110
  • Person: includes an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity. See Utah Code 16-16-113
  • Person: means an individual, association, partnership, government agency, corporation, or an agent of the foregoing. See Utah Code 16-16-505
  • Person: means :Utah Code 48-2e-1156
  • Person: means :
    (a) an individual;
    (b) a corporation;
    (c) a limited liability company;
    (d) a partnership;
    (e) a trust;
    (f) an association;
    (g) a joint venture;
    (h) a pool;
    (i) a syndicate;
    (j) a sole proprietorship;
    (k) an unincorporated organization; or
    (l) any form of business entity. See Utah Code 7-1-103
  • Personal property: includes :Utah Code 48-2e-1156
  • Personal use expenditure: includes :
    (i) a mortgage, rent, utility, or vehicle payment;
    (ii) a household food item or supply;
    (iii) clothing, except for clothing:
    (A) bearing the county office candidate's or local school board candidate's name or campaign slogan or logo; and
    (B) used in the county office candidate's or local school board member's campaign;
    (iv) admission to a sporting, artistic, or recreational event or other form of entertainment;
    (v) dues, fees, or gratuities at a country club, health club, or recreational facility;
    (vi) a salary payment made to:
    (A) a county office candidate, county officer, local school board candidate, or local school board member; or
    (B) a person who has not provided a bona fide service to a county candidate, county officer, local school board candidate, or local school board member;
    (vii) a vacation;
    (viii) a vehicle expense;
    (ix) a meal expense;
    (x) a travel expense;
    (xi) payment of an administrative, civil, or criminal penalty;
    (xii) satisfaction of a personal debt;
    (xiii) a personal service, including the service of an attorney, accountant, physician, or other professional person;
    (xiv) a membership fee for a professional or service organization; and
    (xv) a payment in excess of the fair market value of the item or service purchased. See Utah Code 17-16-202
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Possession: means actual or constructive possession. See Utah Code 16-16-505
  • Postmortem inspection: means an inspection of a slaughtered food animal's carcass after slaughter. See Utah Code 7-1-302
  • Poultry: means any domesticated bird, whether living or dead. See Utah Code 7-1-302
  • Poultry product: means any product capable of use as human food that is made wholly or in part from any poultry carcass, excepting products that contain poultry ingredients in relatively small proportion or that historically have not been considered by consumers as products of the poultry food industry, and that are exempted from definition as a poultry product by the commissioner. See Utah Code 7-1-302
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Prepared: means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed. See Utah Code 7-1-302
  • 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.
  • Private fish pond: means a pond, reservoir, or other body of water, including a fish culture system, located on privately owned land where privately owned fish:
    (i) are propagated or kept for a private noncommercial purpose; and
    (ii) may be taken without a fishing license. See Utah Code 16-16-505
  • Private stocking: means an authorized release of privately owned, live fish in the waters of the state not eligible as a private fish pond under Section 23-15-10 or aquaculture facility or fee fishing facility under Title 4, Chapter 37, Aquaculture Act. See Utah Code 16-16-505
  • 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 48-2e-1156
  • Proclamation: means the publication used to convey a statute, rule, policy, or pertinent information as it relates to wildlife. See Utah Code 16-16-505
  • 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.
  • Protected aquatic wildlife: means aquatic wildlife as defined in Subsection (3), except as provided in Subsection (37)(b). See Utah Code 16-16-505
  • Protected wildlife: means wildlife as defined in Subsection (54), except as provided in Subsection (38)(b). See Utah Code 16-16-505
  • Publicly traded corporation: means a business corporation that has shares listed on a national securities exchange or traded in a market maintained by one or more members of a national securities association. See Utah Code 16-10b-103
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :Utah Code 48-2e-1156
  • Receiver: means a person, agency, or instrumentality of this state or the United States appointed to administer and manage an institution subject to the jurisdiction of the department in receivership, as provided in Chapter 2, Possession of Depository Institution by Commissioner, and Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. See Utah Code 7-1-103
  • Regional advisory council: means a council created pursuant to Section 23-14-2. See Utah Code 17-16-7
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Renderer: means any person engaged in the business of rendering animal carcasses, or parts or products of animal carcasses, except rendering conducted under inspection or exemption under this chapter. See Utah Code 7-1-302
  • 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.
  • Reservoir constructed on a natural stream channel: means a body of water collected and stored on the course of a natural flowing stream by impounding the stream through excavation or diking. See Utah Code 16-16-505
  • Resident: means a person who:
    (i) has been domiciled in the state for six consecutive months immediately preceding the purchase of a license; and
    (ii) does not claim residency for hunting, fishing, or trapping in any other state or country. See Utah Code 16-16-505
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Road: includes :Utah Code 48-2e-1156
  • Security: includes any share of stock, bond, debenture, note or other security issued by a corporation which is registered as to ownership on the books of the corporation. See Utah Code 16-16-113
  • Sell: means to offer or possess for sale, barter, exchange, or trade, or the act of selling, bartering, exchanging, or trading. See Utah Code 16-16-505
  • 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.
  • Settlor: means a person as defined in Section 75-7-103. See Utah Code 16-16-206
  • Short-term fishing event: means any event where privately acquired fish are held or confined for a period not to exceed 10 days for the purpose of providing fishing or recreational opportunity and where no fee is charged as a requirement to fish. See Utah Code 16-16-505
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 48-2e-1156
  • Slaughter: means :
    (a) the killing of an animal in a humane manner including skinning or dressing; or
    (b) the process of performing any of the specified acts in preparing an animal for human consumption. See Utah Code 7-1-302
  • Small game: means species of protected wildlife:
    (a) commonly pursued for sporting purposes; and
    (b) not classified as big game, aquatic wildlife, or furbearers and excluding turkey, cougar, and bear. See Utah Code 16-16-505
  • Specific public benefit: includes :
    (a) providing low-income or underserved individuals or communities with beneficial products or services;
    (b) promoting economic opportunity for individuals or communities beyond the creation of jobs in the normal course of business;
    (c) protecting or restoring the environment;
    (d) improving human health;
    (e) promoting the arts, sciences, or advancement of knowledge;
    (f) increasing the flow of capital to entities with a purpose to benefit society or the environment; and
    (g) conferring any other particular benefit on society or the environment. See Utah Code 16-10b-103
  • Spotlighting: means throwing or casting the rays of any spotlight, headlight, or other artificial light on any highway or in any field, woodland, or forest while having in possession a weapon by which protected wildlife may be killed. See Utah Code 16-16-505
  • 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
  • State: means , unless the context demands otherwise:
    (a) a state;
    (b) the District of Columbia; or
    (c) the territories of the United States. See Utah Code 7-1-103
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subsidiary: means a business entity under the control of an institution. See Utah Code 7-1-103
  • Subsidiary: means , in relation to a person, an entity in which the person owns beneficially or of record 50% or more of the outstanding equity interests, calculated as if all outstanding rights to acquire equity interests in the entity had been exercised. See Utah Code 16-10b-103
  • Summons: Another word for subpoena used by the criminal justice system.
  • Swear: includes "affirm. See Utah Code 48-2e-1156
  • Tag: means a card, label, or other identification device issued for attachment to the carcass of protected wildlife. See Utah Code 16-16-505
  • Take: means to:
    (a) hunt, pursue, harass, catch, capture, possess, angle, seine, trap, or kill any protected wildlife; or
    (b) attempt any action referred to in Subsection (48)(a). See Utah Code 16-16-505
  • Testator: A male person who leaves a will at death.
  • Testatrix: The female counterpart of a testator.
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 48-2e-1156
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Third-party standard: means a recognized standard for defining, reporting, and assessing corporate social and environmental performance that:
    (a) assesses the effect of the business and its operations upon the interests listed in Subsections 16-10b-301(1)(a)(ii), (iii), (iv), and (v);
    (b) is developed by an entity that is not controlled by the benefit corporation;
    (c) is developed by an entity that both:
    (i) has access to necessary expertise to assess overall corporate social and environmental performance; and
    (ii) uses a balanced multistakeholder approach to develop the standard, including a reasonable public comment period; or
    (d) makes the following information publicly available:
    (i) about the standard:
    (A) the criteria considered when measuring the overall social and environmental performance of a business; and
    (B) the relative weightings, if any, of those criteria; and
    (ii) about the development and revision of the standard:
    (A) the identity of the directors, officers, material owners, and the governing body of the entity that developed and controls revisions to the standard;
    (B) the process by which revisions to the standard and changes to the membership of the governing body are made; or
    (C) an accounting of the revenue and sources of financial support for the entity, with sufficient detail to disclose a relationship that could reasonably be considered to present a potential conflict of interest. See Utah Code 16-10b-103
  • Threatened: means wildlife designated as such pursuant to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 16-16-505
  • Total return unitrust: means an income trust that has been created in or converted under, meets the provisions of this chapter, and is invested and managed under the prudent investor rule of Title 75, Chapter 7, Part 9, Utah Uniform Prudent Investor Act. See Utah Code 16-16-206
  • Transfer: means a change on the books of a corporation in the registered ownership of a security. See Utah Code 16-16-113
  • Transfer agent: means a person employed or authorized by a corporation to transfer securities issued by the corporation. See Utah Code 16-16-113
  • Trapping: means taking protected wildlife with a trapping device. See Utah Code 16-16-505
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trophy animal: means an animal described as follows:
    (a) deer - a buck with an outside antler measurement of 24 inches or greater;
    (b) elk - a bull with six points on at least one side;
    (c) bighorn, desert, or rocky mountain sheep - a ram with a curl exceeding half curl;
    (d) moose - a bull with at least one antler exceeding five inches in length;
    (e) mountain goat - a male or female;
    (f) pronghorn antelope - a buck with horns exceeding 14 inches; or
    (g) bison - a bull. See Utah Code 16-16-505
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: means all persons acting as trustee of the trust, except where expressly noted otherwise, whether acting within their discretion or on the direction of one or more persons acting in a fiduciary capacity. See Utah Code 16-16-206
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • unit: means a generally contiguous area of land open for hunting small game, waterfowl, cougar, turkey, or big game which is registered in accordance with this chapter and rules of the Wildlife Board. See Utah Code 17-18a-302
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
  • Unitrust amount: means an amount computed as a percentage of the net fair market value of the trust. See Utah Code 16-16-206
  • Venue: The geographical location in which a case is tried.
  • Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 48-2e-1156
  • Veteran: means an individual who:Utah Code 48-2e-1156
  • Waste: means to abandon protected wildlife or to allow protected wildlife to spoil or to be used in a manner not normally associated with its beneficial use. See Utah Code 16-16-505
  • Wildlife: means :
    (a) crustaceans, including brine shrimp and crayfish;
    (b) mollusks; and
    (c) vertebrate animals living in nature, except feral animals. See Utah Code 16-16-505
  • Wildlife management area: means :Utah Code 17-16-7
  • Writ: means an order or precept in writing, issued in the name of:Utah Code 48-2e-1156
  • Writing: includes :Utah Code 48-2e-1156
  • Year: means a calendar year. See Utah Code 16-16-206
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