Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 48-2e-1156
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
Allegation: something that someone says happened.
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.
Anaphylaxis: means a potentially life-threatening hypersensitivity to a substance. See Utah Code 17B-1-1103
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Apiary: means any place where one or more colonies of bees are located. See Utah Code 4-24-308
Apiary equipment: means hives, supers, frames, veils, gloves, or other equipment used to handle or manipulate bees, honey, wax, or hives. See Utah Code 4-24-308
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.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Appliance: means any apparatus, tool, machine, or other device used to handle or manipulate bees, wax, honey, or hives. See Utah Code 4-24-308
Appointing authority: means the person or body authorized to make an appointment to the board of trustees. See Utah Code 17B-1-102
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
Article: means a bedding, upholstered furniture, quilted clothing, or filling material. See Utah Code 4-24-105
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Audit reports: means the reports of any independent audit of the district performed by:
Brand: means any identifiable mark applied to livestock that is intended to show ownership and the mark's location. See Utah Code 4-24-102
Brand: means any term, design, or trade mark used in connection with one or several grades of commercial fertilizer or soil amendment. See Utah Code 4-25-206
Brand name: means one or more words, names, symbols, or devices that:
identify a distributor or registrant's commercial feed; and
distinguish the distributor or registrant's commercial feed from the commercial feed of others. See Utah Code 4-25-102
Budget: means a plan of financial operations for a fiscal year which embodies estimates of proposed expenditures for given purposes and the proposed means of financing them, and may refer to the budget of a particular fund for which a budget is required by law or it may refer collectively to the budgets for all such funds. See Utah Code 17B-1-601
Budget: means a plan of financial operations for a fiscal year that includes:
estimates of proposed expenditures for given purposes and the proposed means of financing them;
the source and amount of estimated revenue for the district for the fiscal year;
fund balance in each fund at the beginning of the fiscal year and the projected fund balance for each fund at the end of the fiscal year; and
capital projects or budgets for proposed construction or improvement to capital facilities within the district. See Utah Code 17B-1-701
Colony: means an aggregation of bees in any type of hive that includes queens, workers, drones, or brood. See Utah Code 4-24-308
Commercial feed: means all materials that are distributed for use as feed or for mixing in feed. See Utah Code 4-25-102
Commercial fertilizer: means any substance that contains one or more recognized plant nutrients that is used for its plant nutrient content and is designed for use or claimed to have value in promoting plant growth, exclusive of unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, gypsum, and other products exempted by rule of the department. See Utah Code 4-25-206
Customer agencies: means those governmental entities, except school districts, institutions of higher education, and federal government agencies that purchase or obtain services from the local district. See Utah Code 17B-1-701
Customer-formula feed: means commercial feed that consists of a mixture of commercial feeds or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser. See Utah Code 4-25-102
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Depository institution: means a bank, savings and loan association, savings bank, industrial bank, credit union, or other institution that:
holds or receives deposits, savings, or share accounts;
issues certificates of deposit; or
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 :
a person other than an individual that:
has control over a depository institution; or
becomes a holding company of a depository institution under Section 7-1-703; or
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.
Disease: means any infectious or contagious disease affecting bees, as specified by the department, including American foulbrood. See Utah Code 4-24-308
Distribute: means to:
offer for sale, sell, exchange, or barter commercial feed; or
supply, furnish, or otherwise provide commercial feed to a contract feeder. See Utah Code 4-25-102
Distributor: means any person who:
imports, consigns, manufactures, produces, compounds, mixes, or blends commercial fertilizer;
imports, consigns, manufactures, produces, compounds, sizes, or blends a soil amendment; or
offers for sale, sells, barters, or otherwise supplies commercial fertilizer or a soil amendment in this state. See Utah Code 4-25-206
Drainage district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 2, Drainage District Act, including an entity that was created and operated as a drainage district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
Drug: means any article intended:
for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans; and
to affect the structure or any function of the animal body, unless the article is feed. See Utah Code 4-25-102
Eligible function: means :
a power conferred on a local district under this title;
a tax or assessment levied by a local district;
an act or proceeding that a local district:
has taken; or
contemplates taking; or
a district contract, whether already executed or to be executed in the future, including a contract for the acquisition, construction, maintenance, or operation of works for the district. See Utah Code 17B-1-1201
Epinephrine auto-injector: means a portable, disposable drug delivery device that contains a measured, single dose of epinephrine that is used to treat a person suffering a potentially fatal anaphylactic reaction. See Utah Code 17B-1-1103
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 48-2e-1156
facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a local district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17B-1-102
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.
Family member: means a parent, step-parent, spouse, child, sibling, step-sibling, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild. See Utah Code 4-41a-102
Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
Feed ingredient: means each constituent material in a commercial feed. See Utah Code 4-25-102
Felony: A crime carrying a penalty of more than a year in prison.
Fertilizer material: means a commercial fertilizer that contains either:
quantities of no more than one of the primary plant nutrients (nitrogen, phosphoric acid and potash);
approximately 85% plant nutrients in the form of a single chemical compound; or
plant or animal residues or by-products, or a natural material deposit that is processed so that its primary plant nutrients have not been materially changed, except through purification and concentration. See Utah Code 4-25-206
Fiduciary: A trustee, executor, or administrator.
Filling material: means cotton, wool, kapok, feathers, down, shoddy, hair, or other material, or a combination of materials, whether loose or in bags, bales, batting, pads, or other prefabricated form that is, or can be, used in bedding, upholstered furniture, or quilted clothing. See Utah Code 4-24-105
Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103
Fiscal year: means the annual period for accounting for fiscal operations in each district. See Utah Code 17B-1-601
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.
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.
genetic test: means the testing or analysis of an identifiable individual's DNA that results in information that is derived from the presence, absence, alteration, or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers. See Utah Code 17B-1-1206
Grade: means the percentage of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis; provided, that specialty fertilizers may be guaranteed in fractional units of less than one percent of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash and that fertilizer materials such as bone meal, manures, and similar raw materials may be guaranteed in fractional units. See Utah Code 4-25-206
Guaranteed analysis: means the minimum percentage by weight of plant nutrients claimed in the following order and form:
Hive: means a frame hive, box hive, box, barrel, log, gum skep, or other artificial or natural receptacle that may be used to house bees. See Utah Code 4-24-308
Improvement district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an entity that was created and operated as a county improvement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
Independent cannabis testing laboratory: means a person that:
conducts a chemical or other analysis of cannabis or a cannabis product; or
acquires, possesses, and transports cannabis or a cannabis product with the intent to conduct a chemical or other analysis of the cannabis or cannabis product. See Utah Code 4-41a-102
Independent cannabis testing laboratory agent: means an individual who:
is an employee of an independent cannabis testing laboratory; and
holds a valid cannabis production establishment agent registration card. See Utah Code 4-41a-102
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
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 the display of written, printed, or graphic matter upon a tag or upon the immediate container of a bedding, upholstered furniture, quilted clothing, or filling material. See Utah Code 4-24-105
Label: means any written, printed, or graphic matter upon or accompanying a commercial feed. See Utah Code 4-25-102
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
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
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
Livestock: means cattle, calves, horses, mules, sheep, goats, or hogs. See Utah Code 4-24-102
Livestock market: means a public market place consisting of pens or other enclosures where cattle, calves, horses, or mules are received on consignment and kept for subsequent sale, either through public auction or private sale. See Utah Code 4-24-102
Local district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers set forth in:
Manufacture: means to make, process, or prepare from new or secondhand material, in whole or in part, a bedding, upholstered furniture, quilted clothing, or filling material for sale. See Utah Code 4-24-105
Manufacture: means to grind, mix, blend, or otherwise process a commercial feed for distribution. See Utah Code 4-25-102
Mark: means any cutting and shaping of the ears or brisket area of livestock that is intended to show ownership. See Utah Code 4-24-102
New material: includes by-products from a textile mill using only new raw material synthesized from a product that has been melted, liquified, and re-extruded. See Utah Code 4-24-105
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 sample: means a sample of commercial feed taken by the department in accordance with this chapter and designated as "official. See Utah Code 4-25-102
Open range: means land upon which cattle, sheep, or other domestic animals are grazed or permitted to roam by custom, license, lease, or permit. See Utah Code 4-24-102
Organization: means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. See Utah Code 4-7-110
Parasite: means an organism that parasitizes any developmental stage of a bee. See Utah Code 4-24-308
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 4-7-110
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
Person: means any person, organization, or entity other than the individual. See Utah Code 17B-1-1206
Place of public access: means any enclosed indoor place of business, commerce, banking, financial service, or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which persons not employed at the place of public access have general and regular access or which the public uses, including:
buildings, offices, shops, elevators, or restrooms;
means of transportation or common carrier waiting rooms;
restaurants, cafes, or cafeterias;
taverns as defined in Section 32B-1-102, or cabarets;
shopping malls, retail stores, grocery stores, or arcades;
libraries, theaters, concert halls, museums, art galleries, planetariums, historical sites, auditoriums, or arenas;
barber shops, hair salons, or laundromats;
sports or fitness facilities;
common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and breakfast" lodging facilities, and other similar lodging facilities, including the lobbies, hallways, elevators, restaurants, cafeterias, other designated dining areas, and restrooms of any of these;
any child care facility or program subject to licensure or certification under this title, including those operated in private homes, when any child cared for under that license is present; and
any child care, other than child care as defined in Section 26-39-102, that is not subject to licensure or certification under this title, when any child cared for by the provider, other than the child of the provider, is present;
public or private elementary or secondary school buildings and educational facilities or the property on which those facilities are located;
any building owned, rented, leased, or otherwise operated by a social, fraternal, or religious organization when used solely by the organization members or their guests or families;
any facility rented or leased for private functions from which the general public is excluded and arrangements for the function are under the control of the function sponsor;
any workplace that is not a place of public access or a publicly owned building or office but has one or more employees who are not owner-operators of the business;
any area where the proprietor or manager of the area has posted a conspicuous sign stating "no smoking" "thank you for not smoking" or similar statement; and
Private genetic information: means any information about an identifiable individual that is derived from the presence, absence, alteration, or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers, and which has been obtained:
from a genetic test or analysis of the individual's DNA; or
from a genetic test or analysis of a person's DNA to whom the individual is a blood relative. See Utah Code 17B-1-1206
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 48-2e-1156
Product name: means the name of the commercial feed that:
identifies the kind, class, or specific use of the commercial feed; and
distinguishes the commercial feed from all other products bearing the same brand name. See Utah Code 4-25-102
Program: means the Utah Children's Health Insurance Program created by this chapter. See Utah Code 17B-1-901
Quantity statement: means the net weight in mass, liquid measurement, or count. See Utah Code 4-25-102
Quilted clothing: means a filled garment or apparel, exclusive of trim used for aesthetic effect, or a stiffener, shoulder pad, interfacing, or other material that is made in whole or in part from filling material and sold or offered for sale. See Utah Code 4-24-105
Quorum: The number of legislators that must be present to do business.
Raise: means :
to hold a colony of bees in a hive for the purpose of pollination, honey production, or study, or a similar purpose; and
when the person holding a colony holds the colony or a package of bees in the state for a period of time exceeding 30 days. See Utah Code 4-24-308
Repair: means to restore, recover, alter, or renew bedding or upholstered furniture for a consideration. See Utah Code 4-24-105
Retailer: means a person who sells bedding, upholstered furniture, quilted clothing, or filling material to a consumer for use primarily for personal, family, household, or business purposes. See Utah Code 4-24-105
Secondhand: means an article or filling material, or portion of an article or filling material, that has previously been used. See Utah Code 4-24-105
sell: means to offer or expose for sale, barter, trade, deliver, consign, lease, or give away any bedding, upholstered furniture, quilted clothing, or filling material. See Utah Code 4-24-105
Service area: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007. See Utah Code 17B-1-102
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 48-2e-1156
Smoking: means :
the possession of any lighted or heated tobacco product in any form;
inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or hookah that contains:
tobacco or any plant product intended for inhalation;
shisha or non-tobacco shisha;
a natural or synthetic tobacco substitute; or
a natural or synthetic flavored tobacco product;
using an e-cigarette; or
using an oral smoking device intended to circumvent the prohibition of smoking in this chapter. See Utah Code 17B-1-640
Special assessment: means an assessment levied against property to pay all or a portion of the costs of making improvements that benefit the property. See Utah Code 17B-1-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 48-2e-1156
State: means , unless the context demands otherwise:
Sterilize: means to disinfect, decontaminate, sanitize, cleanse, or purify as required by Section 4-10-113. See Utah Code 4-24-105
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
Tag: means a card, flap, or strip attached to an article for the purpose of displaying information required by this chapter or under rule made pursuant to it. See Utah Code 4-24-105
Taxable value: means the taxable value of property as computed from the most recent equalized assessment roll for county purposes. See Utah Code 17B-1-102
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.
Terminal disease: means a pest, parasite, or pathogen that will kill an occupant colony or subsequent colony on the same equipment. See Utah Code 4-24-308
United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
Upholstered furniture: means portable or fixed furniture, except fixed seats in motor vehicles, boats, or aircraft, that is made in whole or in part with filling material, exclusive of trim used for aesthetic effect. See Utah Code 4-24-105
Used: means an article that has been sold to a consumer and has left the store. See Utah Code 4-24-105
Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 48-2e-1156
Validation order: means a court order adjudicating the validity of an eligible function. See Utah Code 17B-1-1201
Weight: means net weight, unless the label declares that the product is sold by drained weight, in which case "weight" means net drained weight. See Utah Code 4-22-101
Weights and measures: means the instruments or devices used for weighing or measuring, including an appliance or accessory associated with the instrument or device. See Utah Code 4-22-101
Weights and measures registration: means the issuance of a certificate by the commissioner to a weights and measures user. See Utah Code 4-22-101
Weights and measures user: means a person who uses weights and measures in trade or commerce. See Utah Code 4-22-101
Wholesaler: means a person who offers an article for resale to a retailer or institution rather than a final consumer. See Utah Code 4-24-105
Works: includes a dam, reservoir, well, canal, conduit, pipeline, drain, tunnel, power plant, and any facility, improvement, or property necessary or convenient for supplying or treating water for any beneficial use, and for otherwise accomplishing the purposes of a local district. See Utah Code 17B-1-102