Terms Used In Utah Code > Title 4 > Chapter 5 - Utah Wholesome Food Act

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Advertisement: means a representation, other than by labeling, made to induce the purchase of food. See Utah Code 4-5-102
• 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
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bonds: means bonds, notes, or other evidences of indebtedness. See Utah Code 11-17-2
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commission: means the Conservation Commission created in Section 4-18-104. See Utah Code 4-18-302
• Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
• Commissioner: means the commissioner of agriculture and food or the commissioner's designee. See Utah Code 4-18-302
• Consumer commodity: means a food, as defined by this chapter, or by the federal act. See Utah Code 4-5-102
• Contact sponsor: means the person designated in the feasibility request as the contact sponsor under Subsection 10-2a-202(2)(d). See Utah Code 10-2a-102
• Contaminated: means not securely protected from dust, dirt, or foreign or injurious agents. See Utah Code 4-5-102
• Contiguous: means , except as provided in Subsection (1)(b)(ii), the same as that term is defined in Section 10-1-104. See Utah Code 10-2a-102
• Contiguous: means :

  (a)	if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and

  (b)

  if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104 Contract: A legal written agreement that becomes binding when signed. Controlling interest: means that one or more governmental entities collectively represent a majority of the board's voting power as outlined in the nonprofit corporation's governing documents. See Utah Code 11-13a-102 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. County legislative body: means :Utah Code 68-3-12.5 Deed: The legal instrument used to transfer title in real property from one person to another. Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109 Devise: To gift property by will. Donor: The person who makes a gift. Eligible entities: means public, governmental, and private entities, including: (a)  conservation districts; (b)  producers; (c)  groups of producers; (d)  producer groups; (e)  producer cooperatives; (f)  water conservancy districts; (g)  American Indian Tribes; (h)  nonprofit entities; (i)  academic or research institutions and subdivisions of these institutions; (j)  the United States or any corporation or agency created or designed by the United States; or (k)  the state or any of the state's agencies or political subdivisions. See Utah Code 4-18-302 Energy efficiency upgrade: means an improvement that is permanently affixed to real property and that is designed to reduce energy consumption, including: (a)  insulation in: (i)  a wall, ceiling, roof, floor, or foundation; or (ii)  a heating or cooling distribution system; (b)  an insulated window or door, including: (i)  a storm window or door; (ii)  a multiglazed window or door; (iii)  a heat-absorbing window or door; (iv)  a heat-reflective glazed and coated window or door; (v)  additional window or door glazing; (vi)  a window or door with reduced glass area; or (vii)  other window or door modifications that reduce energy loss; (c)  an automatic energy control system; (d)  in a building or a central plant, a heating, ventilation, or air conditioning and distribution system; (e)  caulking or weatherstripping; (f)  a light fixture that does not increase the overall illumination of a building unless an increase is necessary to conform with the applicable building code; (g)  an energy recovery system; (h)  a daylighting system; (i)  measures to reduce the consumption of water, through conservation or more efficient use of water, including: (i)  installation of a low-flow toilet or showerhead; (ii)  installation of a timer or timing system for a hot water heater; or (iii)  installation of a rain catchment system; or (j)  any other modified, installed, or remodeled fixture that is approved as a utility cost-savings measure by the governing body. See Utah Code 11-17-2 Environmental benefits: means benefits to natural and agricultural resources and human health, including: (a)  improved air quality; (b)  surface or ground water quality and quantity; (c)  improved soil health, including nutrient cycling, soil fertility, or drought resilience; (d)  reductions in agricultural inputs; (e)  carbon sequestration or climate resilience; (f)  increased biodiversity; or (g)  improved nutritional quality of agricultural products. See Utah Code 4-18-302 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. Farm: means an agricultural operation, under management by one entity, that grows or harvests crops. See Utah Code 4-5-102 Farmers market: means a market where a producer of a food product sells only a fresh, raw, whole, unprocessed, and unprepared food item directly to the final consumer. See Utah Code 4-5-102 Feasibility request: means a request, described in Section 10-2a-202, for a feasibility study for the proposed incorporation of a municipality. See Utah Code 10-2a-102 Federal act: means the Federal Food, Drug, and Cosmetic Act, 21 U. See Utah Code 4-5-102 Fiduciary: A trustee, executor, or administrator. financing: includes the issuing of bonds by a municipality, county, or state university for the purpose of using a portion, or all or substantially all of the proceeds to pay for or to reimburse the user, lender, or the user or lender's designee for the costs of the acquisition of facilities of a project, or to create funds for the project itself where appropriate, whether these costs are incurred by the municipality, the county, the state university, the user, or a designee of the user. See Utah Code 11-17-2 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. 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 4-5-102 Food additive: includes a substance or source of radiation intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food. See Utah Code 4-5-102 Food establishment: means a grocery store, bakery, candy factory, food processor, bottling plant, sugar factory, cannery, farm, rabbit processor, meat processor, flour mill, cold or dry warehouse storage, or other facility where food products are manufactured, canned, processed, packaged, stored, transported, prepared, sold, or offered for sale. See Utah Code 4-5-102 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. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governing board: includes a board of directors. See Utah Code 11-13a-102 Governing body: means : (a)  for a county, city, town, or metro township, the legislative body of the county, city, town, or metro township; (b)  for the military installation development authority created in Section 63H-1-201, the board, as defined in Section 63H-1-102; (c)  for a state university except as provided in Subsection (4)(d), the board or body having the control and supervision of the state university; and (d)  for a nonprofit corporation or foundation created by and operating under the auspices of a state university, the board of directors or board of trustees of that corporation or foundation. See Utah Code 11-17-2 Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104 Governmental entity: means the state, a county, a municipality, a special district, a special service district, a school district, a state institution of higher education, or any other political subdivision or administrative unit of the state. See Utah Code 11-13a-102 Governmental nonprofit corporation: means : (i)  a nonprofit corporation that is wholly owned or wholly controlled by one or more governmental entities, unless the nonprofit corporation receives no operating funding or other financial support from any governmental entity; or (ii)  a nonprofit corporation in which one or more governmental entities exercise a controlling interest and: (A)  that exercises taxing authority; (B)  that imposes a mandatory fee for association or participation with the nonprofit corporation where that association or participation is mandated by law; or (C)  that receives a majority of the nonprofit corporation's operating funding from one or more governmental entities under the nonprofit corporation's governing documents, except where voluntary membership fees, dues, or assessments compose the operating funding. See Utah Code 11-13a-102 Grantor: The person who establishes a trust and places property into it. Incentives: means monetary incentives, including grants and loans, or non-monetary incentives, including equipment, technical assistance, educational materials, outreach, and market development assistance for market premiums or ecosystem services markets. See Utah Code 4-18-302 Industrial park: includes the development of the land for an industrial park under this chapter or the acquisition and provision of water, sewerage, drainage, street, road, sidewalk, curb, gutter, street lighting, electrical distribution, railroad, or docking facilities, or any combination of them, but only to the extent that these facilities are incidental to the use of the land as an industrial park. See Utah Code 11-17-2 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 a written, printed, or graphic display on the immediate container of an article of food. See Utah Code 4-5-102 Labeling: means a label and other written, printed, or graphic display: (a)  on an article of food or the article of food's container or wrapper; or (b)  accompanying the article of food. See Utah Code 4-5-102 Land: includes :Utah Code 68-3-12.5 Landowner: means an owner of record of federal, tribal, state, county, municipal, or private land where agricultural activities occur. See Utah Code 4-18-302 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Lender: means a trust company, savings bank, savings and loan association, bank, credit union, or any other lending institution that lends, loans, or leases proceeds of a financing to the user or a user's designee. See Utah Code 11-17-2 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. Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Mortgage: means a mortgage, trust deed, or other security device. See Utah Code 11-17-2 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Municipal: means of or relating to a municipality. See Utah Code 10-1-104 Municipality: means a city, town, or metro township. See Utah Code 11-13a-102 Municipality: means any incorporated city, town, or metro township in the state, including cities or towns operating under home rule charters. See Utah Code 11-17-2 Municipality: means : (a)  a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class; (b)  a town, as classified in Section 10-2-301; or (c)  a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104 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. 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 4-1-109 Oversight: Committee review of the activities of a Federal agency or program. Package: means a container or wrapping in which a consumer commodity is enclosed for use in the delivery or display of the consumer commodity to retail purchasers. See Utah Code 4-5-102 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, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104 Pesticide: means a substance intended: (i)  to prevent, destroy, repel, or mitigate a pest, as defined under Section 4-14-102; or (ii)  for use as a plant regulator, defoliant, or desiccant. See Utah Code 4-5-102 Pollution: means any form of environmental pollution including water pollution, air pollution, pollution caused by solid waste disposal, thermal pollution, radiation contamination, or noise pollution. See Utah Code 11-17-2 Principal display panel: means that part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale. See Utah Code 4-5-102 Probable cause: A reasonable ground for belief that the offender violated a specific law. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Produce: means a food that is a: (a)  fruit, vegetable, mix of intact fruits and vegetables, mushroom, sprout from any seed source, peanut, tree nut, or herb; and (b)  raw agricultural commodity. See Utah Code 4-5-102 Program: means the Utah Soil Health Program created in Section 4-18-303. See Utah Code 4-18-302 Project: means : (i)  an industrial park, land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination of them, whether or not in existence or under construction: (A)  that is suitable for industrial, manufacturing, warehousing, research, business, and professional office building facilities, commercial, shopping services, food, lodging, low income rental housing, recreational, or any other business purposes; (B)  that is suitable to provide services to the general public; (C)  that is suitable for use by any corporation, person, or entity engaged in health care services, including hospitals, nursing homes, extended care facilities, facilities for the care of persons with a physical or mental disability, and administrative and support facilities; or (D)  that is suitable for use by a state university for the purpose of aiding in the accomplishment of its authorized academic, scientific, engineering, technical, and economic development functions; (ii)  any land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination of them, used by any individual, partnership, firm, company, corporation, public utility, association, trust, estate, political subdivision, state agency, or any other legal entity, or its legal representative, agent, or assigns, for the reduction, abatement, or prevention of pollution, including the removal or treatment of any substance in process material, if that material would cause pollution if used without the removal or treatment; (iii)  an energy efficiency upgrade; (iv)  a renewable energy system; (v)  facilities, machinery, or equipment, the manufacturing and financing of which will maintain or enlarge domestic or foreign markets for Utah industrial products; or (vi)  any economic development or new venture investment fund to be raised other than from: (A)  municipal or county general fund money; (B)  money raised under the taxing power of any county or municipality; or (C)  money raised against the general credit of any county or municipality. See Utah Code 11-17-2 Property: includes both real and personal property. See Utah Code 68-3-12.5 Quorum: The number of legislators that must be present to do business. Raw agricultural commodity: means a food in the food's raw or natural state, including all fruits that are washed, colored, or otherwise treated in the fruit's unpeeled, natural form before marketing. See Utah Code 4-5-102 real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC Registration: means the commissioner's issuance of a certificate to a qualified food establishment. See Utah Code 4-5-102 Renewable energy system: means a product, system, device, or interacting group of devices that is permanently affixed to real property and that produces energy from renewable resources, including: (a)  a photovoltaic system; (b)  a solar thermal system; (c)  a wind system; (d)  a geothermal system, including: (i)  a direct-use system; or (ii)  a ground source heat pump system; (e)  a micro-hydro system; or (f)  another renewable energy system approved by the governing body. See Utah Code 11-17-2 Research project: includes projects at experiment stations, on: (i)  lands owned by the United States or any corporation or agency created or designed by the United States; (ii)  lands owned by the state or any of the state's agencies or political subdivisions; or (iii)  private lands. See Utah Code 4-18-302 Road: includes :Utah Code 68-3-12.5 Service of process: The service of writs or summonses to the appropriate party. Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Soil health: means the continued capacity of soil to function as a vital living ecosystem that sustains plants, animals, and humans. See Utah Code 4-18-302 Soil health activities: means implementation of soil health practices, research projects, demonstration projects, or educational projects, or other activities the department finds necessary or appropriate to promote soil health. See Utah Code 4-18-302 Soil Health Advisory Committee: means the committee created in Section 4-18-306. See Utah Code 4-18-302 Soil health grant program: means the grant program authorized in Section 4-18-304. See Utah Code 4-18-302 Soil health practices: means those practices that may contribute to soil health, including: (a)  no-tillage; (b)  conservation tillage; (c)  crop rotations; (d)  intercropping; (e)  cover cropping; (f)  planned grazing; (g)  the application of soil amendments that add carbon or organic matter, including biosolids, manure, compost, or biochar; (h)  revegetation; or (i)  other practices the department determines contribute or have the potential to contribute to soil health. See Utah Code 4-18-302 Sprout: means the shoot of a plant generally harvested when cotyledons are undeveloped or underdeveloped and mature leaves have not emerged. See Utah Code 4-5-102 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 university: means an institution of higher education as described in Section 53B-2-101 and includes any nonprofit corporation or foundation created by and operating under their authority. See Utah Code 11-17-2 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104 Trustee: A person or institution holding and administering property in trust. Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC Unincorporated: means not within a municipality. See Utah Code 10-1-104 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Uphold: The decision of an appellate court not to reverse a lower court decision. User: means the person, whether natural or corporate, who will occupy, operate, maintain, and employ the facilities of, or manage and administer a project after the financing, acquisition, or construction of it, whether as owner, manager, purchaser, lessee, or otherwise. See Utah Code 11-17-2 Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate. Writing: includes :Utah Code 68-3-12.5