Part 1 General Provisions 4-37-101 – 4-37-112
Part 2 Aquaculture Facilities 4-37-201 – 4-37-204 v2
Part 3 Fee Fishing Facilities 4-37-301 – 4-37-305
Part 4 Importation of Aquatic Animals 4-37-401 – 4-37-402
Part 5 Health Approval 4-37-501 – 4-37-503
Part 6 Enforcement and Penalties 4-37-601 – 4-37-602

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

  • Actuary: is a s defined by the commissioner by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 31A-1-301
  • 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.
  • Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
  • Agency: means :
    (a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
    (b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
  • 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
  • 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.
  • Amendment: means an endorsement to an insurance policy or certificate. See Utah Code 31A-1-301
  • Animal: means all vertebrate or invertebrate species. See Utah Code 4-14-102
  • 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.
  • Application: means a document:
    (a) 
    (i) completed by an applicant to provide information about the risk to be insured; and
    (ii) that contains information that is used by the insurer to evaluate risk and decide whether to:
    (A) insure the risk under:
    (I) the coverage as originally offered; or
    (II) a modification of the coverage as originally offered; or
    (B) decline to insure the risk; or
    (b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
  • Appraisal: A determination of property value.
  • 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
  • Arrest: Taking physical custody of a person by lawful authority.
  • articles of incorporation: means :
    (a) the original articles;
    (b) a special law;
    (c) a charter;
    (d) an amendment;
    (e) restated articles;
    (f) articles of merger or consolidation;
    (g) a trust instrument;
    (h) another constitutive document for a trust or other entity that is not a corporation; and
    (i) an amendment to an item listed in Subsections (11)(a) through (h). See Utah Code 31A-1-301
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • authorized insurer: means an insurer:
    (i) holding a valid certificate of authority to do an insurance business in this state; and
    (ii) transacting business as authorized by a valid certificate. See Utah Code 31A-1-301
  • 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.
  • Bank: means a person authorized under the laws of this state, another state, or the United States to accept deposits from the public. See Utah Code 7-1-103
  • Banking business: means the offering of deposit accounts to the public and the conduct of such other business activities as may be authorized by this title. See Utah Code 7-1-103
  • board of directors: means the group of persons with responsibility over, or management of, a corporation, however designated. See Utah Code 31A-1-301
  • Business entity: means :
    (a) a corporation;
    (b) an association;
    (c) a partnership;
    (d) a limited liability company;
    (e) a limited liability partnership; or
    (f) another legal entity. See Utah Code 31A-1-301
  • business of insurance: includes :
    (a) providing health care insurance by an organization that is or is required to be licensed under this title;
    (b) providing a benefit to an employee in the event of a contingency not within the control of the employee, in which the employee is entitled to the benefit as a right, which benefit may be provided either:
    (i) by a single employer or by multiple employer groups; or
    (ii) through one or more trusts, associations, or other entities;
    (c) providing an annuity:
    (i) including an annuity issued in return for a gift; and
    (ii) except an annuity provided by a person specified in Subsections 31A-22-1305(2) and (3);
    (d) providing the characteristic services of a motor club;
    (e) providing another person with insurance;
    (f) making as insurer, guarantor, or surety, or proposing to make as insurer, guarantor, or surety, a contract or policy offering title insurance;
    (g) transacting or proposing to transact any phase of title insurance, including:
    (i) solicitation;
    (ii) negotiation preliminary to execution;
    (iii) execution of a contract of title insurance;
    (iv) insuring; and
    (v) transacting matters subsequent to the execution of the contract and arising out of the contract, including reinsurance;
    (h) transacting or proposing a life settlement; and
    (i) doing, or proposing to do, any business in substance equivalent to Subsections (95)(a) through (h) in a manner designed to evade this title. See Utah Code 31A-1-301
  • Certificate: means evidence of insurance given to:
    (a) an insured under a group insurance policy; or
    (b) a third party. See Utah Code 31A-1-301
  • 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
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
  • Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
  • Commissioner: means the commissioner of agriculture and food or the commissioner's representative. See Utah Code 4-17-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • consultant: means a person who:
    (a) advises another person about insurance needs and coverages;
    (b) is compensated by the person advised on a basis not directly related to the insurance placed; and
    (c) except as provided in Section 31A-23a-501, is not compensated directly or indirectly by an insurer or producer for advice given. See Utah Code 31A-1-301
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlling person: means a person that directly or indirectly has the power to direct or cause to be directed, the management, control, or activities of a reinsurance intermediary. See Utah Code 31A-1-301
  • 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
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: means an insurance corporation, except when referring to:
    (i) a corporation doing business:
    (A) as:
    (I) an insurance producer;
    (II) a surplus lines producer;
    (III) a limited line producer;
    (IV) a consultant;
    (V) a managing general agent;
    (VI) a reinsurance intermediary;
    (VII) a third party administrator; or
    (VIII) an adjuster; and
    (B) under:
    (I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries;
    (II) Chapter 25, Third Party Administrators; or
    (III) Chapter 26, Insurance Adjusters; or
    (ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301
  • 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
  • Crop insurance: includes multiperil crop insurance. See Utah Code 31A-1-301
  • 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 4-1-109
  • Department: means the Department of Financial Institutions. See Utah Code 7-1-103
  • Department: means the Insurance Department. See Utah Code 31A-1-301
  • Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Domestic insurer: means an insurer organized under the laws of this state. See Utah Code 31A-1-301
  • 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
  • Employee: means :
    (a) an individual employed by an employer; or
    (b) an individual who meets the requirements of Subsection (53)(b). See Utah Code 31A-1-301
  • End 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
  • Enterprise risk: means an activity, circumstance, event, or series of events involving one or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect upon the financial condition or liquidity of the insurer or its insurance holding company system as a whole, including anything that would cause:
    (a) the insurer's risk-based capital to fall into an action or control level as set forth in Sections 31A-17-601 through 31A-17-613; or
    (b) the insurer to be in hazardous financial condition set forth in Section 31A-27a-101. See Utah Code 31A-1-301
  • Environment: means all living plants and animals, water, air, land, and the interrelationships that exist between them. See Utah Code 4-14-102
  • EPA: means the United States Environmental Protection Agency. See Utah Code 4-14-102
  • Equipment: means any type of ground, water, or aerial equipment or contrivance using motorized, mechanical, or pressurized power to apply a pesticide. See Utah Code 4-14-102
  • 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
  • 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.
  • 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.
  • 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
  • FIFRA: means the Federal Insecticide, Fungicide, and Rodenticide Act. See Utah Code 4-14-102
  • Filed: means that a filing is:
    (i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
    (ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
    (iii) accompanied by the appropriate fee in accordance with:
    (A) Section 31A-3-103; or
    (B) rule. See Utah Code 31A-1-301
  • Filing: when used as a noun, means an item required to be filed with the department including:
    (a) a policy;
    (b) a rate;
    (c) a form;
    (d) a document;
    (e) a plan;
    (f) a manual;
    (g) an application;
    (h) a report;
    (i) a certificate;
    (j) an endorsement;
    (k) an actuarial certification;
    (l) a licensee annual statement;
    (m) a licensee renewal application;
    (n) an advertisement;
    (o) a binder; or
    (p) an outline of coverage. See Utah Code 31A-1-301
  • Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103
  • 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 insurer: means an insurer domiciled outside of this state, including an alien insurer. See Utah Code 31A-1-301
  • Form: means one of the following prepared for general use:
    (i) a policy;
    (ii) a certificate;
    (iii) an application;
    (iv) an outline of coverage; or
    (v) an endorsement. See Utah Code 31A-1-301
  • 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 expressed in whole numbers. See Utah Code 4-16-102
  • Group-wide supervisor: means the commissioner or other regulatory official designated as the group-wide supervisor for an internationally active insurance group under Section 31A-16-108. See Utah Code 31A-1-301
  • 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
  • Individual: means a natural person. See Utah Code 31A-1-301
  • 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
  • insolvent: means that:
    (a) an insurer is unable to pay the insurer's obligations as the obligations are due;
    (b) an insurer's total adjusted capital is less than the insurer's mandatory control level RBC under Subsection 31A-17-601(8)(c); or
    (c) an insurer's admitted assets are less than the insurer's liabilities. See Utah Code 31A-1-301
  • 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
  • Insurance: includes :
    (i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
    (ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
    (iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
  • insurance company: means a person doing an insurance business as a principal including:
    (i) a fraternal benefit society;
    (ii) an issuer of a gift annuity other than an annuity specified in Subsections 31A-22-1305(2) and (3);
    (iii) a motor club;
    (iv) an employee welfare plan;
    (v) a person purporting or intending to do an insurance business as a principal on that person's own account; and
    (vi) a health maintenance organization. See Utah Code 31A-1-301
  • Insurance group: means the persons that comprise an insurance holding company system. See Utah Code 31A-1-301
  • Insurance holding company system: means a group of two or more affiliated persons, at least one of whom is an insurer. See Utah Code 31A-1-301
  • Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
    (i) a policyholder;
    (ii) a subscriber;
    (iii) a member; and
    (iv) a beneficiary. See Utah Code 31A-1-301
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Internationally active insurance group: means an insurance holding company system:
    (a) that includes an insurer registered under Section 31A-16-105;
    (b) that has premiums written in at least three countries;
    (c) whose percentage of gross premiums written outside the United States is at least 10% of its total gross written premiums; and
    (d) that, based on a three-year rolling average, has:
    (i) total assets of at least $50,000,000,000; or
    (ii) total gross written premiums of at least $10,000,000,000. See Utah Code 31A-1-301
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
  • 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 4-1-109
  • 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
  • Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
  • 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
  • Money services business: includes :
    (i) a check casher;
    (ii) a deferred deposit lender;
    (iii) an issuer or seller of traveler's checks or money orders; and
    (iv) a money transmitter. See Utah Code 7-1-103
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Motor club: means a person:
    (a) licensed under:
    (i) Chapter 5, Domestic Stock and Mutual Insurance Corporations;
    (ii) Chapter 11, Motor Clubs; or
    (iii) Chapter 14, Foreign Insurers; and
    (b) that promises for an advance consideration to provide for a stated period of time one or more:
    (i) legal services under Subsection 31A-11-102(1)(b);
    (ii) bail services under Subsection 31A-11-102(1)(c); or
    (iii) 
    (A) trip reimbursement;
    (B) towing services;
    (C) emergency road services;
    (D) stolen automobile services;
    (E) a combination of the services listed in Subsections (126)(b)(iii)(A) through (D); or
    (F) other services given in Subsections 31A-11-102(1)(b) through (f). See Utah Code 31A-1-301
  • 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
  • Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
  • NAIC: means the National Association of Insurance Commissioners. See Utah Code 31A-1-301
  • NAIC liquidity stress test framework: means a NAIC publication that includes:
    (a) a history of the NAIC's development of regulatory liquidity stress testing;
    (b) the scope criteria applicable for a specific data year; and
    (c) the liquidity stress test instructions and reporting templates for a specific data year, as adopted by the NAIC and as amended by the NAIC in accordance with NAIC procedures. See Utah Code 31A-1-301
  • 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
  • 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.
  • Ocean marine insurance: means insurance against loss of or damage to:
    (a) ships or hulls of ships;
    (b) goods, freight, cargoes, merchandise, effects, disbursements, profits, money, securities, choses in action, evidences of debt, valuable papers, bottomry, respondentia interests, or other cargoes in or awaiting transit over the oceans or inland waterways;
    (c) earnings such as freight, passage money, commissions, or profits derived from transporting goods or people upon or across the oceans or inland waterways; or
    (d) a vessel owner or operator as a result of liability to employees, passengers, bailors, owners of other vessels, owners of fixed objects, customs or other authorities, or other persons in connection with maritime activity. See Utah Code 31A-1-301
  • 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
  • Order: means an order of the commissioner. See Utah Code 31A-1-301
  • 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
  • ORSA guidance manual: means the current version of the Own Risk and Solvency Assessment Guidance Manual developed and adopted by the National Association of Insurance Commissioners and as amended from time to time. See Utah Code 31A-1-301
  • ORSA summary report: means a confidential high-level summary of an insurer or insurance group's own risk and solvency assessment. See Utah Code 31A-1-301
  • 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
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Own risk and solvency assessment: means an insurer or insurance group's confidential internal assessment:
    (a) 
    (i) of each material and relevant risk associated with the insurer or insurance group;
    (ii) of the insurer or insurance group's current business plan to support each risk described in Subsection (138)(a)(i); and
    (iii) of the sufficiency of capital resources to support each risk described in Subsection (138)(a)(i); and
    (b) that is appropriate to the nature, scale, and complexity of an insurer or insurance group. See Utah Code 31A-1-301
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
  • Person: means :Utah Code 68-3-12.5
  • Person: means an individual, partnership, corporation, company, association, receiver, trustee, or agent. See Utah Code 4-16-102
  • Person: includes :
    (a) an individual;
    (b) a partnership;
    (c) a corporation;
    (d) an incorporated or unincorporated association;
    (e) a joint stock company;
    (f) a trust;
    (g) a limited liability company;
    (h) a reciprocal;
    (i) a syndicate; or
    (j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
  • 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
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Policy: includes a service contract issued by:
    (i) a motor club under Chapter 11, Motor Clubs;
    (ii) a service contract provided under Chapter 6a, Service Contracts; and
    (iii) a corporation licensed under:
    (A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
    (B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
  • Premium: includes , however designated:
    (i) an assessment;
    (ii) a membership fee;
    (iii) a required contribution; or
    (iv) monetary consideration. See Utah Code 31A-1-301
  • 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
  • Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
  • 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
  • Quorum: The number of legislators that must be present to do business.
  • Rate: means :
    (i) the cost of a given unit of insurance; or
    (ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:
    (A) a single number; or
    (B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:
    (I) expenses;
    (II) profit; and
    (III) individual insurer variation in loss experience. See Utah Code 31A-1-301
  • Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
  • Reinsurer: means a person licensed in this state as an insurer with the authority to assume reinsurance. See Utah Code 31A-1-301
  • 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.
  • 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 the same as that term is defined in Section 23-13-2. See Utah Code 4-37-103
  • Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. Source: OCC
  • Risk Management Fund: means the fund created under Section 63A-4-201. See Utah Code 31A-12-101
  • Road: includes :Utah Code 68-3-12.5
  • Scope criteria: means the designated exposure bases and minimum magnitudes for a specified data year that are used to establish a preliminary list of insurers considered scoped into the NAIC liquidity stress test framework for that data year. See Utah Code 31A-1-301
  • Security: means a:
    (i) note;
    (ii) stock;
    (iii) bond;
    (iv) debenture;
    (v) evidence of indebtedness;
    (vi) certificate of interest or participation in a profit-sharing agreement;
    (vii) collateral-trust certificate;
    (viii) preorganization certificate or subscription;
    (ix) transferable share;
    (x) investment contract;
    (xi) voting trust certificate;
    (xii) certificate of deposit for a security;
    (xiii) certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;
    (xiv) commodity contract or commodity option;
    (xv) certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (171)(a)(i) through (xiv); or
    (xvi) another interest or instrument commonly known as a security. See Utah Code 31A-1-301
  • Securityholder: means a specified person who owns a security of a person, including:
    (a) common stock;
    (b) preferred stock;
    (c) debt obligations; and
    (d) any other security convertible into or evidencing the right of any of the items listed in this Subsection (172). See Utah Code 31A-1-301
  • Seed for sprouting: means seed sold for sprouting for salad or culinary purposes. See Utah Code 4-16-102
  • Sell: means to exchange a contract of insurance:
    (a) by any means;
    (b) for money or its equivalent; and
    (c) on behalf of an insurance company. See Utah Code 31A-1-301
  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • 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.
  • Short-term fishing event: means the same as that term is defined in Section 23-13-2. See Utah Code 4-37-103
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • 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: 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
  • 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.
  • Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Treated: means that a seed has received an application of a substance or been subjected to a process designed to reduce, control, or repel disease organisms, insects, or other pests that attack seeds or seedlings. 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
  • 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
  • under common control: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person. See Utah Code 31A-1-301
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • 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
  • Venue: The geographical location in which a case is tried.
  • 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
  • Writing: includes :Utah Code 68-3-12.5