Terms Used In Utah Code > Title 4 > Chapter 37 - Aquaculture Act

• Adherent yolk: means the yolk has settled to one side and become fastened to the shell. See Utah Code 4-4-103
• 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
• 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.
• Agricultural seed: includes :

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

  (b)	lawn seed;

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

  (d)

  noxious weed seed, if the department determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that a noxious weed seed is being used as agricultural seed. See Utah Code 4-16-102 Agriculture: means the science and art of the production of plants and animals useful to man, including the preparation of plants and animals for human use and disposal by marketing or otherwise. See Utah Code 4-1-109 Albumen: means the white of an egg. See Utah Code 4-4-103 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. 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: means the controlled cultivation of aquatic animals. See Utah Code 4-37-103 Aquaculture facility: means any tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture. See Utah Code 4-37-103 Aquatic animal: includes a gamete of any species listed in Subsection (3)(a). See Utah Code 4-37-103 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Black rot: means the egg has deteriorated to such an extent that the whole interior presents a blackened appearance. See Utah Code 4-4-103 Black spot: means mold or bacteria have developed in isolated areas inside the shell. See Utah Code 4-4-103 Blood ring: means bacteria have developed to such an extent that blood is formed. See Utah Code 4-4-103 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 Candling: means the act of determining the condition of an egg by holding it before a strong light in such a way that the light shines through the egg and reveals the egg's contents. See Utah Code 4-4-103 Certified applicator: means an individual who is licensed by the department to apply: (a)  a restricted use pesticide; or (b)  a general use pesticide for hire or in exchange for compensation. See Utah Code 4-14-102 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: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Commission: means the county legislative body of each county of this state. See Utah Code 4-17-102 Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103 Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109 Commissioner: means the commissioner of agriculture and food or the commissioner's representative. See Utah Code 4-17-102 Complete record: includes seed samples and records of declarations, labels, purchases, sales, conditioning, bulking, treatment, handling, storage, analyses, tests, and examinations. See Utah Code 4-16-102 Conditioning: means drying, cleaning, scarifying, and other operations that: (a)  could change the purity or germination of a seed; and (b)  require a seed lot to be retested to determine the label information. See Utah Code 4-16-102 Contract: A legal written agreement that becomes binding when signed. Controlling the pollination: means to use a method of hybridization that will produce pure seed that is at least 75% hybrid seed. See Utah Code 4-16-102 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 executive: means :Utah Code 68-3-12.5 County legislative body: means :Utah Code 68-3-12.5 Credit union: means a cooperative, nonprofit association incorporated under: (a)  Chapter 9, Utah Credit Union Act; or (b)  12 U. See Utah Code 7-1-103 Decedent: A deceased person. Department: means the Department of Financial Institutions. See Utah Code 7-1-103 Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109 Department: means the Department of Human Services created in Section 62A-1-102. See Utah Code 17-43-102 Department: means the Department of Health created in Section 26-1-4. See Utah Code 26-1-2 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 Depository institution holding company: means : (i)  a person other than an individual that: (A)  has control over a depository institution; or (B)  becomes a holding company of a depository institution under Section 7-1-703; or (ii)  a person other than an individual that the commissioner finds, after considering the specific circumstances, is exercising or is capable of exercising a controlling influence over a depository institution by means other than those specifically described in this section. See Utah Code 7-1-103 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Division: means the Division of Substance Abuse and Mental Health created within the Department of Human Services in Section 62A-1-105. See Utah Code 17-43-102 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 Escrow: Money given to a third party to be held for payment until certain conditions are met. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to: (a)  the power and duty to carry laws and ordinances into effect and secure their due observance; and (b)  those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101 Executive director: means the executive director of the department appointed pursuant to Section 26-1-8. See Utah Code 26-1-2 Fee fishing facility: means a body of water used for holding or rearing fish for the purpose of providing fishing for a fee or for pecuniary consideration or advantage. See Utah Code 4-37-103 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. 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 Foreign depository institution: means a depository institution chartered or authorized to transact business by a foreign government. See Utah Code 7-1-103 Germination: means the emergence and development from the seed embryo of those essential structures that are, for the kind of seed in question, indicative of the ability to produce a normal plant under favorable conditions expressed in whole numbers. See Utah Code 4-16-102 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Hard seed: means seed that remains hard at the end of the prescribed germination test period because the seed has not absorbed water due to an impermeable seed coat. See Utah Code 4-16-102 Industrial bank: means a corporation or limited liability company conducting the business of an industrial bank under Chapter 8, Industrial Banks. See Utah Code 7-1-103 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. Inoculant: means a commercial preparation containing nitrogen-fixing bacteria applied to seed. See Utah Code 4-16-102 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 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 Label: means any written, printed, or graphic matter on, or attached to, a pesticide or a container or wrapper of a pesticide. See Utah Code 4-14-102 Labeling: includes a tag or other device attached to, written, stamped, or printed on a container or accompanying a lot of bulk seeds that: (a)  claims to specify the information required on the seed label by this chapter; and (b)  may include other information related to the labeled seed. See Utah Code 4-16-102 Land: includes :Utah Code 68-3-12.5 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC 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 Liquidation: means the act or process of winding up the affairs of an institution subject to the jurisdiction of the department by realizing upon assets, paying liabilities, and appropriating profit or loss, 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 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 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 Misuse: means use of any pesticide in a manner inconsistent with the pesticide's label or labeling. See Utah Code 4-14-102 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 Moldy: means mold spores have formed within the shell. See Utah Code 4-4-103 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 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 Natural flowing stream: means the same as that term is defined in Section 23-13-2. See Utah Code 4-37-103 Natural lake: means the same as that term is defined in Section 23-13-2. See Utah Code 4-37-103 Noxious weed: means any plant the commissioner determines to be especially injurious to public health, crops, livestock, land, or other property. See Utah Code 4-17-102 Noxious weed seeds: means : (a)  prohibited noxious weed seeds; or (b)  restricted noxious weed seeds. See Utah Code 4-16-102 Off-type: means a seed or plant not part of the variety because the seed or plant deviates in one or more characteristics from the variety. See Utah Code 4-16-102 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 Ornamental and turf pest control: means the use of a pesticide to control ornamental and turf pests in the maintenance and protection of ornamental trees, shrubs, flowers, or turf. See Utah Code 4-14-102 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 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 Oversight: Committee review of the activities of a Federal agency or program. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109 Person: means : (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 Person: means :Utah Code 68-3-12.5 Person: means an individual, partnership, corporation, company, association, receiver, trustee, or agent. See Utah Code 4-16-102 Personal property: All property that is not real property. Personal property: includes :Utah Code 68-3-12.5 Pest: means : (i)  any insect, rodent, nematode, fungus, weed; or (ii)  any other form of terrestrial or aquatic plant or animal life, virus, bacteria, or other microorganism that is injurious to health or to the environment or that the department declares to be a pest. See Utah Code 4-14-102 Pesticide: means any: (a)  substance or mixture of substances, including a living organism, that is intended to prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug, fungus, weed, or other form of plant or animal life that is normally considered to be a pest or that the commissioner declares to be a pest; (b)  any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant; (c)  any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, or emulsifying agent with deflocculating properties of its own used with a pesticide to aid the pesticide's application or effect; and (d)  any other substance designated by the department by rule. See Utah Code 4-14-102 Pesticide applicator: is a person who: (a)  applies or supervises the application of a pesticide; and (b)  is required by this chapter to have a license. See Utah Code 4-14-102 Pesticide applicator business: means an entity that: (i)  is authorized to do business in this state; and (ii)  offers pesticide application services. See Utah Code 4-14-102 Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Private fish pond: means the same as that term is defined in Section 23-13-2. See Utah Code 4-37-103 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public aquaculture facility: means a tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture by the Division of Wildlife Resources, U. See Utah Code 4-37-103 Public fishery resource: means fish produced in public aquaculture facilities and wild and free ranging populations of fish in the surface waters of the state. See Utah Code 4-37-103 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 Qualifying party: means a certified qualified applicator who is the owner or employee of a pesticide applicator business and who is registered with the department as the individual responsible for ensuring the training, equipping, and supervision of all pesticide applicators who work for the pesticide applicator business. See Utah Code 4-14-102 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. real property: includes :Utah Code 68-3-12.5 Reservoir constructed on a natural stream channel: means the same as that term is defined in Section 23-13-2. See Utah Code 4-37-103 Savings and loan association: means : (a)  a federal savings and loan association; and (b)  an out-of-state savings and loan association. See Utah Code 7-1-103 Seed for sprouting: means seed sold for sprouting for salad or culinary purposes. See Utah Code 4-16-102 service organization: means a corporation or other business entity owned or controlled by one or more financial institutions that is engaged or proposes to engage in business activities related to the business of financial institutions. See Utah Code 7-1-103 Short-term fishing event: means the same as that term is defined in Section 23-13-2. See Utah Code 4-37-103 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 Spot treatment: means the limited application of an herbicide to an area that is no more than 5% of the potential treatment area or one-twentieth of an acre, whichever is smaller, using equipment that is designed to contain no more than five gallons of mixture. See Utah Code 4-14-102 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 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Statute: A law passed by a legislature. Subsidiary: means a business entity under the control of an institution. See Utah Code 7-1-103 Technology service provider: means a person that provides a data processing service or activity that supports the financial services or Internet related services of a depository institution subject to the jurisdiction of the department, including supporting: (a)  lending; (b)  money transfers; (c)  fiduciary activities; (d)  trading activities; (e)  deposit taking; (f)  web services and electronic bill payments; (g)  mobile applications; (h)  system and software development and maintenance; and (i)  security monitoring. See Utah Code 7-1-103 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: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 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 Trust company: means a person authorized to conduct a trust business, as provided in Chapter 5, Trust Business. See Utah Code 7-1-103 Trustee: A person or institution holding and administering property in trust. 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 Ultimate consumer: means a household consumer, restaurant, institution, or any other person who has purchased or received shell eggs for consumption. See Utah Code 4-4-103 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Utah depository institution: means a depository institution whose home state is Utah. See Utah Code 7-1-103 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 Weight: means the net weight of the commodity. See Utah Code 4-16-102 white rot: means putrid or rotten. See Utah Code 4-4-103 Writing: includes :Utah Code 68-3-12.5