Terms Used In Utah Code > Title 4 > Chapter 45 - Kratom Consumer Protection Act

• Accessory dwelling unit: means a habitable living unit added to, created within, or detached from a primary single-family dwelling and contained on one lot. See Utah Code 17-27a-103
• Affected owner: means the owner of real property that is:

  (a)	a single project;

  (b)	the subject of a land use approval that sponsors of a referendum timely challenged in accordance with Subsection 20A-7-601(6); and

  (c)

  determined to be legally referable under Section 20A-7-602. See Utah Code 17-27a-103 Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. Agriculture: means the science and art of the production of plants and animals useful to man, including the preparation of plants and animals for human use and disposal by marketing or otherwise. See Utah Code 4-1-109 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. 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. Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 17-27a-103 Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. 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 Billboard: means a freestanding ground sign located on industrial, commercial, or residential property if the sign is designed or intended to direct attention to a business, product, or service that is not sold, offered, or existing on the property where the sign is located. See Utah Code 17-27a-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 Charter school: means : (i)  an operating charter school; (ii)  a charter school applicant that a charter school authorizer approves in accordance with 3; or (iii)  an entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building. See Utah Code 17-27a-103 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103 Commissioner: means the commissioner of the department. See Utah Code 4-45-102 Conditional use: means a land use that, because of the unique characteristics or potential impact of the land use on the county, surrounding neighbors, or adjacent land uses, may not be compatible in some areas or may be compatible only if certain conditions are required that mitigate or eliminate the detrimental impacts. See Utah Code 17-27a-103 Contract: A legal written agreement that becomes binding when signed. County legislative body: means :Utah Code 68-3-12.5 County utility easement: means an easement that: (a)  a plat recorded in a county recorder's office described as a county utility easement or otherwise as a utility easement; (b)  is not a protected utility easement or a public utility easement as defined in Section 54-3-27; (c)  the county or the county's affiliated governmental entity owns or creates; and (d)  (i)  either: (A)  no person uses or occupies; or (B)  the county or the county's affiliated governmental entity uses and occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or communications or data lines; or (ii)  a person uses or occupies with or without an authorized franchise or other agreement with the county. See Utah Code 17-27a-103 Culinary water authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property. See Utah Code 17-27a-103 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Financial Institutions. See Utah Code 7-1-103 Department: means the Insurance Department. See Utah Code 31A-1-301 Department: means the Department of Agriculture and Food created in Section 4-2-102. See Utah Code 4-45-102 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 Development activity: means : (a)  any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities; (b)  any change in use of a building or structure that creates additional demand and need for public facilities; or (c)  any change in the use of land that creates additional demand and need for public facilities. See Utah Code 17-27a-103 Development agreement: means a written agreement or amendment to a written agreement between a county and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 17-27a-103 Disability: means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. See Utah Code 17-27a-103 Drug: means a substance that is: (i)  (A)  intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans; and (B)  recognized in or in a supplement to the official United States Pharmacopoeia, the Homeopathic Pharmacopoeia of the United States, or the official National Formulary; (ii)  required by an applicable federal or state law or rule to be dispensed by prescription only; (iii)  restricted to administration by practitioners only; (iv)  a substance other than food intended to affect the structure or a function of the human body; or (v)  intended for use as a component of a substance described in Subsection (1)(a)(i), (ii), (iii), or (iv). See Utah Code 31A-48-102 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts 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 Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103 Fire authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of fire protection and suppression services for the subject property. See Utah Code 17-27a-103 Flood plain: means land that: (a)  is within the 100-year flood plain designated by the Federal Emergency Management Agency; or (b)  has not been studied or designated by the Federal Emergency Management Agency but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are similar to those of a 100-year flood plain designated by the Federal Emergency Management Agency. See Utah Code 17-27a-103 Food: means : (a)  an article used for food or drink for human or animal consumption or the components of the article; (b)  chewing gum or chewing gum components; or (c)  a food supplement for special dietary use that is necessitated because of a physical, physiological, pathological, or other condition. See Utah Code 4-45-102 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 General plan: means a document that a county adopts that sets forth general guidelines for proposed future development of: (a)  the unincorporated land within the county; or (b)  for a mountainous planning district, the land within the mountainous planning district. See Utah Code 17-27a-103 Geologic hazard: means : (a)  a surface fault rupture; (b)  shallow groundwater; (c)  liquefaction; (d)  a landslide; (e)  a debris flow; (f)  unstable soil; (g)  a rock fall; or (h)  any other geologic condition that presents a risk: (i)  to life; (ii)  of substantial loss of real property; or (iii)  of substantial damage to real property. See Utah Code 17-27a-103 Grantor: The person who establishes a trust and places property into it. Highway: includes :Utah Code 68-3-12.5 Home state: means : (a)  for a state chartered depository institution, the state that charters the institution; (b)  for a federally chartered depository institution, the state where the institution's main office is located; and (c)  for a depository institution holding company, the state in which the total deposits of all depository institution subsidiaries are the largest. See Utah Code 7-1-103 Hookup fee: means a fee for the installation and inspection of any pipe, line, meter, or appurtenance to connect to a county water, sewer, storm water, power, or other utility system. See Utah Code 17-27a-103 Impact fee: means a payment of money imposed under Title 11, Chapter 36a, Impact Fees Act. See Utah Code 17-27a-103 Improvement completion assurance: means a surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a county to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to: (a)  recording a subdivision plat; or (b)  development of a commercial, industrial, mixed use, or multifamily project. See Utah Code 17-27a-103 Improvement warranty: means an applicant's unconditional warranty that the applicant's installed and accepted landscaping or infrastructure improvement: (a)  complies with the county's written standards for design, materials, and workmanship; and (b)  will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period. See Utah Code 17-27a-103 Improvement warranty period: means a period: (a)  no later than one year after a county's acceptance of required landscaping; or (b)  no later than one year after a county's acceptance of required infrastructure, unless the county: (i)  determines for good cause that a one-year period would be inadequate to protect the public health, safety, and welfare; and (ii)  has substantial evidence, on record: (A)  of prior poor performance by the applicant; or (B)  that the area upon which the infrastructure will be constructed contains suspect soil and the county has not otherwise required the applicant to mitigate the suspect soil. See Utah Code 17-27a-103 Individual: means a natural person. See Utah Code 31A-1-301 Infrastructure improvement: means permanent infrastructure that is essential for the public health and safety or that: (a)  is required for human consumption; and (b)  an applicant must install: (i)  in accordance with published installation and inspection specifications for public improvements; and (ii)  as a condition of: (A)  recording a subdivision plat; (B)  obtaining a building permit; or (C)  developing a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 17-27a-103 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. 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 Insurer: means the same as that term is defined in Section 31A-22-634. See Utah Code 31A-48-102 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. Jurisprudence: The study of law and the structure of the legal system. Kratom processor: means a person who: (a)  sells, prepares, or maintains a kratom product; or (b)  advertises, represents, or holds oneself out as selling, preparing, or maintaining a kratom product. See Utah Code 4-45-102 Land: includes :Utah Code 68-3-12.5 Land use applicant: means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. See Utah Code 17-27a-103 Land use authority: means : (a)  a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or (b)  if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 17-27a-103 Land use decision: means an administrative decision of a land use authority or appeal authority regarding: (a)  a land use permit; (b)  a land use application; or (c)  the enforcement of a land use regulation, land use permit, or development agreement. See Utah Code 17-27a-103 Land use permit: means a permit issued by a land use authority. See Utah Code 17-27a-103 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 Legislative body: means the county legislative body, or for a county that has adopted an alternative form of government, the body exercising legislative powers. See Utah Code 17-27a-103 Lien: A claim against real or personal property in satisfaction of a debt. Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 17-27a-103 Manufacturer: means a person that is engaged in the manufacturing of a drug that is available for purchase by residents of the state. See Utah Code 31A-48-102 Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located. See Utah Code 17-27a-103 Mountainous planning district: means an area designated by a county legislative body in accordance with Section 17-27a-901. See Utah Code 17-27a-103 Nominal fee: means a fee that reasonably reimburses a county only for time spent and expenses incurred in: (a)  verifying that building plans are identical plans; and (b)  reviewing and approving those minor aspects of identical plans that differ from the previously reviewed and approved building plans. See Utah Code 17-27a-103 Noncomplying structure: means a structure that: (a)  legally existed before the structure's current land use designation; and (b)  because of one or more subsequent land use ordinance changes, does not conform to the setback, height restrictions, or other regulations, excluding those regulations that govern the use of land. See Utah Code 17-27a-103 Nonconforming use: means a use of land that: (a)  legally existed before the current land use designation; (b)  has been maintained continuously since the time the land use ordinance regulation governing the land changed; and (c)  because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land. See Utah Code 17-27a-103 Oath: includes "affirmation. See Utah Code 68-3-12.5 Oath: A promise to tell the truth. 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. 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 Parcel: means any real property that is not a lot. See Utah Code 17-27a-103 Parcel boundary adjustment: means a recorded agreement between owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line agreement in accordance with Section 17-27a-523, if no additional parcel is created and: (i)  none of the property identified in the agreement is a lot; or (ii)  the adjustment is to the boundaries of a single person's parcels. See Utah Code 17-27a-103 Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 17-27a-103 Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109 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 Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 17-27a-603 or 57-8-13. See Utah Code 17-27a-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 agency: means : (a)  the federal government; (b)  the state; (c)  a county, municipality, school district, special district, special service district, or other political subdivision of the state; or (d)  a charter school. See Utah Code 17-27a-103 Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 17-27a-103 Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 17-27a-103 Public street: means a public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way. See Utah Code 17-27a-103 Receiver: means a person, agency, or instrumentality of this state or the United States appointed to administer and manage an institution subject to the jurisdiction of the department in receivership, as provided in Chapter 2, Possession of Depository Institution by Commissioner, and Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. See Utah Code 7-1-103 Receiving zone: means an unincorporated area of a county that the county designates, by ordinance, as an area in which an owner of land may receive a transferable development right. See Utah Code 17-27a-103 Record of survey map: means a map of a survey of land prepared in accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13. See Utah Code 17-27a-103 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. Residential roadway: means a public local residential road that: (a)  will serve primarily to provide access to adjacent primarily residential areas and property; (b)  is designed to accommodate minimal traffic volumes or vehicular traffic; (c)  is not identified as a supplementary to a collector or other higher system classified street in an approved municipal street or transportation master plan; (d)  has a posted speed limit of 25 miles per hour or less; (e)  does not have higher traffic volumes resulting from connecting previously separated areas of the municipal road network; (f)  cannot have a primary access, but can have a secondary access, and does not abut lots intended for high volume traffic or community centers, including schools, recreation centers, sports complexes, or libraries; and (g)  primarily serves traffic within a neighborhood or limited residential area and is not necessarily continuous through several residential areas. See Utah Code 17-27a-103 Road: includes :Utah Code 68-3-12.5 Sanitary sewer authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems. See Utah Code 17-27a-103 Sending zone: means an unincorporated area of a county that the county designates, by ordinance, as an area from which an owner of land may transfer a transferable development right. See Utah Code 17-27a-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 Site plan: means a document or map that may be required by a county during a preliminary review preceding the issuance of a building permit to demonstrate that an owner's or developer's proposed development activity meets a land use requirement. See Utah Code 17-27a-103 Specified public agency: means : (a)  the state; (b)  a school district; or (c)  a charter school. See Utah Code 17-27a-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 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: includes any department, division, or agency of the state. See Utah Code 17-27a-103 Subdivision: includes : (i)  the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and (ii)  except as provided in Subsection (70)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 17-27a-103 Substantial evidence: means evidence that: (a)  is beyond a scintilla; and (b)  a reasonable mind would accept as adequate to support a conclusion. See Utah Code 17-27a-103 Swear: includes "affirm. See Utah Code 68-3-12.5 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Transferable development right: means a right to develop and use land that originates by an ordinance that authorizes a land owner in a designated sending zone to transfer land use rights from a designated sending zone to a designated receiving zone. See Utah Code 17-27a-103 Unincorporated: means the area outside of the incorporated area of a municipality. See Utah Code 17-27a-103 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Water interest: means any right to the beneficial use of water, including: (a)  each of the rights listed in Section 73-1-11; and (b)  an ownership interest in the right to the beneficial use of water represented by: (i)  a contract; or (ii)  a share in a water company, as defined in Section 73-3-3. See Utah Code 17-27a-103 Wholesale acquisition cost: means the same as that term is defined in 42 U. See Utah Code 31A-48-102 Writing: includes :Utah Code 68-3-12.5 Zoning map: means a map, adopted as part of a land use ordinance, that depicts land use zones, overlays, or districts. See Utah Code 17-27a-103