Terms Used In Utah Code > Title 4 > Chapter 9 - Weights and Measures

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• 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.
• 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
• Animal: means any nonhuman vertebrate life form. See Utah Code 11-46a-101
• Animal enterprise: includes an animal competition, exposition, fair, rodeo, farm, feedlot, furrier, ranch, or event intended to exhibit or advance agricultural arts and sciences. See Utah Code 11-46a-101
• 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.
• Appointed officer: means any person appointed to any statutory office or position or any other person appointed to any position of employment with a city or with a community reinvestment agency under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act. See Utah Code 10-3-1303
• Appraisal: A determination of property value.
• 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
• Authority: means the Utah Inland Port Authority, created in Section 11-58-201. See Utah Code 11-58-102
• Authority jurisdictional land: means land within the authority boundary delineated:

  (a)

  in the electronic shapefile that is the electronic component of H. See Utah Code 11-58-102 Board: means the same as that term is defined in Section 63A-3-106. See Utah Code 11-55-102 Brand: means an identifiable mark, including a tattoo or cutting and shaping of the ears or brisket area, applied to livestock that is intended to show ownership and the mark's location. See Utah Code 4-24-102 Buyback purchaser: means a person who buys a procurement item from the local government entity to which the person previously sold the procurement item. See Utah Code 11-54-102 Chief executive officer: means : (a)  for a municipality: (i)  the mayor, if the municipality is operating under a form of municipal government other than the council-manager form of government; or (ii)  the city manager, if the municipality is operating under the council-manager form of government; or (b)  for a county: (i)  the chair of the county commission, if the county is operating under the county commission or expanded county commission form of government; (ii)  the county executive officer, if the county is operating under the county-executive council form of government; or (iii)  the county manager, if the county is operating under the council-manager form of government. See Utah Code 11-51-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Commission: means the Utah Dairy Commission. See Utah Code 4-22-102 Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109 Compensation: means anything of economic value, however designated, which is paid, loaned, granted, given, donated, or transferred to any person or business entity by anyone other than the governmental employer for or in consideration of personal services, materials, property, or any other thing whatsoever. See Utah Code 10-3-1303 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. 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. Correct: means conformance to applicable requirements of this chapter. See Utah Code 4-9-102 Council-mayor form of government: means the form of municipal government that: (a)  (i)  is provided for in Laws of Utah 1977, Chapter 48; (ii)  may not be adopted without voter approval; and (iii)  consists of two separate, independent, and equal branches of municipal government; and (b)  on and after May 5, 2008, is described in 2. See Utah Code 10-3b-102 County executive: means :Utah Code 68-3-12.5 County sheriff: means an individual elected to the office of county sheriff in the state who meets the qualifications described in Section 17-22-1. See Utah Code 11-51-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dealer: means any person who buys and processes raw milk or milk fat, or who acts as agent in the sale or purchase of raw milk or milk fat, or who acts as a broker or factor with respect to raw milk or milk fat or any product derived from either. See Utah Code 4-22-102 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109 Development: means : (a)  the demolition, construction, reconstruction, modification, expansion, or improvement of a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or other facility, including public infrastructure and improvements; and (b)  the planning of, arranging for, or participation in any of the activities listed in Subsection (7)(a). See Utah Code 11-58-102 Direct charge: means a charge, fee, assessment, or amount, other than a property tax, that a political subdivision charges to a property owner. See Utah Code 11-60-102 Elected officer: means a person: (a)  elected or appointed to the office of mayor, commissioner, or council member; or (b)  who is considered to be elected to the office of mayor, commissioner, or council member by a municipal legislative body in accordance with Section 20A-1-206. See Utah Code 10-3-1303 Employee: means a person who is not an elected or appointed officer and who is employed on a full- or part-time basis by a political subdivision. See Utah Code 11-57-102 Enclosed mobile business: means a business that maintains ongoing mobility and of which the receipt of goods or services offered and point of sales occurs within an enclosed vehicle, an enclosed trailer, or an enclosed mobile structure. See Utah Code 11-56-102 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 Event permit: means a permit that a political subdivision issues to the organizer of a mobile business event located on public property. See Utah Code 11-56-102 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. Ex officio: Literally, by virtue of one's office. Excess repurchase amount: means the difference between: (a)  the amount a buyback purchaser pays to a local government entity to purchase a procurement item that the buyback purchaser previously sold to the local government entity; and (b)  the amount the local government entity paid to the buyback purchaser to purchase the procurement item. See Utah Code 11-54-102 Federal agency: means the United States Bureau of Land Management, the United States Forest Service, the United States Fish and Wildlife Service, or the National Park Service. See Utah Code 11-51-102 Federal receipts: means the federal financial assistance, as defined in 31 U. See Utah Code 11-52-102 Federally managed land: means land that is managed by the United States Bureau of Land Management, the United States Forest Service, or the National Park Service. See Utah Code 11-51-102 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. Five-member council form of government: means the form of municipal government described in 4. See Utah Code 10-3b-102 Food cart: means a cart: (i)  that is not motorized; and (ii)  that a vendor, standing outside the frame of the cart, uses to prepare, sell, or serve food or beverages for immediate human consumption. See Utah Code 11-56-102 Food truck: means a fully encased food service establishment: (i)  on a motor vehicle or on a trailer that a motor vehicle pulls to transport; and (ii)  from which a food truck vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages for immediate human consumption. See Utah Code 11-56-102 Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104 Health department permit: means a document that a local health department issues to authorize a mobile business to operate within the jurisdiction of the local health department. See Utah Code 11-56-102 Highway: includes :Utah Code 68-3-12.5 Ice cream truck: means a fully encased food service establishment: (i)  on a motor vehicle or on a trailer that a motor vehicle pulls to transport; (ii)  from which a vendor, from within the frame of the vehicle, serves ice cream; (iii)  that attracts patrons by traveling through a residential area and signaling the truck's presence in the area, including by playing music; and (iv)  that may stop to serve ice cream at the signal of a patron. See Utah Code 11-56-102 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. 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. Land: includes :Utah Code 68-3-12.5 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC 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, 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 government entity: means a county, city, town, metro township, special district, special service district, community reinvestment agency, conservation district, or school district that is not subject to Title 63G, Chapter 6a, Utah Procurement Code. See Utah Code 11-54-102 Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 11-56-102 Metro township: means the same as that term is defined in Section 10-2a-403. See Utah Code 10-3b-102 Metro township: means a metro township incorporated in accordance with 4. See Utah Code 10-3c-102 Metro township council form of government: means the form of metro township government described in 5. See Utah Code 10-3b-102 Mobile business: means an enclosed mobile business, a food cart, a food truck, or an ice cream truck. See Utah Code 11-56-102 Mobile business event: means an event at which a mobile business has been invited by the event organizer to offer the mobile business's goods or services at a private or public gathering. See Utah Code 11-56-102 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 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 Municipal services district: means a special district created in accordance with 11. See Utah Code 10-3c-102 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 Municipality: means a city, town, or metro township. See Utah Code 11-48-101.5 Municipality: means the same as that term is defined in Section 10-1-104. See Utah Code 11-55-102 National monument: means a national monument designated or declared in accordance with the Antiquities Act of 1906, 54 U. See Utah Code 11-51-102 National recreation area: means a recreation area designated by an act of Congress. See Utah Code 11-51-102 Nonrecurring tax notice charge: means a tax notice charge that a political subdivision certifies to the county treasurer on a one-time or case-by-case basis rather than regularly over multiple calendar years. See Utah Code 11-60-102 Notice of lien: means a notice that: (a)  a political subdivision records in the office of the recorder of the county in which a property that is the subject of a nonrecurring tax notice charge is located; and (b)  describes the nature and amount of the nonrecurring tax notice charge and whether the political subdivision intends to certify the charge to the county treasurer under statutory authority that allows the treasurer to place the charge on the property tax notice described in Section 59-2-1317. See Utah Code 11-60-102 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. Officer: means a person who is elected or appointed to an office or position within a political subdivision. See Utah Code 11-57-102 Operator: means a person, including a vendor, who owns, manages, controls, or operates a mobile business. See Utah Code 11-56-102 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 4-1-109 Package: means a commodity put up or packaged before sale in either wholesale or retail saleunits. See Utah Code 4-9-102 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 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Personal use expenditure: means an expenditure made without the authority of law that: (i)  is not directly related to the performance of an activity as an officer or employee of a political subdivision; (ii)  primarily furthers a personal interest of an officer or employee of a political subdivision or the family, a friend, or an associate of an officer or employee of a political subdivision; and (iii)  would constitute taxable income under federal law. See Utah Code 11-57-102 Plaintiff: The person who files the complaint in a civil lawsuit. Political subdivision: means : (a)  a city, town, or metro township; or (b)  a county, as it relates to the licensing and regulation of an animal enterprise or working animal in the unincorporated area of the county. See Utah Code 11-46a-101 Political subdivision: means a county, city, town, special district, or service district. See Utah Code 11-48-101.5 Political subdivision: means a municipality or county. See Utah Code 11-51-102 Political subdivision: means : (a)  a county, as defined in Section 17-50-101; (b)  a municipality, as defined in Section 10-1-104; (c)  a special district, as defined in Section 17B-1-102; (d)  a special service district, as defined in Section 17D-1-102; (e)  an interlocal entity, as defined in Section 11-13-103; (f)  a community reinvestment agency created under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act; (g)  a local building authority, as defined in Section 17D-2-102; or (h)  a conservation district, as defined in Section 17D-3-102. See Utah Code 11-52-102 Political subdivision: means a county, municipality, school district, limited purpose local government entity described in Title 17B, Limited Purpose Local Government Entities - Special Districts, Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act, or Title 17D, Limited Purpose Local Government Entities - Other Entities, or an entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental subdivision or public corporation. See Utah Code 11-55-102 Political subdivision: means : (a)  a city, town, or metro township; or (b)  a county, as it relates to the licensing and regulation of businesses in the unincorporated area of the county. See Utah Code 11-56-102 Political subdivision: means any county, city, town, school district, community reinvestment agency, special improvement or taxing district, special district, special service district, entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation. See Utah Code 11-57-102 Political subdivision: means : (a)  a county, as that term is defined in Section 17-50-101; (b)  a municipality, as that term is defined in Section 10-1-104; (c)  a special district, as that term is defined in Section 17B-1-102; (d)  a special service district, as that term is defined in Section 17D-1-102; (e)  an interlocal entity, as that term is defined in Section 11-13-103; (f)  a community reinvestment agency created under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act; (g)  a local building authority, as that term is defined in Section 17D-2-102; (h)  a conservation district, as that term is defined in Section 17D-3-102; or (i)  a local entity, as that term is defined in Sections 11-42-102 and 11-42a-102. See Utah Code 11-60-102 Political subdivision lien: means a lien that a statute expressly authorizes a political subdivision to hold and record, including a direct charge that constitutes, according to an express statutory provision, a lien. See Utah Code 11-60-102 Primary standards: means the physical standards of the state, described in Section 4-9-105, which are the legal reference from which all other standards and weights and measures are derived. See Utah Code 4-9-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Procurement item: means the same as that term is defined in Section 63G-6a-103. See Utah Code 11-54-102 Producer: means a person who produces milk or milk fat from cows and who sells it for human or animal consumption, or for medicinal or industrial uses. See Utah Code 4-22-102 Producer-handler: means any producer who processes raw milk or milk fat. See Utah Code 4-22-102 Project area: means : (a)  the authority jurisdictional land, subject to Section 11-58-605; or (b)  land outside the authority jurisdictional land, whether consisting of a single contiguous area or multiple noncontiguous areas, described in a project area plan or draft project area plan, where the development project set forth in the project area plan or draft project area plan takes place or is proposed to take place. See Utah Code 11-58-102 Project area plan: means a written plan that, after its effective date, guides and controls the development within a project area. See Utah Code 11-58-102 Property: includes both real and personal property. See Utah Code 68-3-12.5 Property tax: includes a privilege tax and each levy on an ad valorem basis on tangible or intangible personal or real property. See Utah Code 11-58-102 Property tax: means a tax imposed on real property under Title 59, Chapter 2, Property Tax Act, Title 59, Chapter 3, Tax Equivalent Property Act, or Title 59, Chapter 4, Privilege Tax. See Utah Code 11-60-102 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public funds: means the same as that term is defined in Section 51-7-3. See Utah Code 11-57-102 Quorum: The number of legislators that must be present to do business. 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. 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. Remediation: includes : (a)  activities for the cleanup, rehabilitation, and development of contaminated land; and (b)  acquiring an interest in land within a remediation project area. See Utah Code 11-58-102 Remediation project: means a project for the remediation of contaminated land that: (a)  is owned by: (i)  the state or a department, division, or other instrumentality of the state; (ii)  an independent entity, as defined in Section 63E-1-102; or (iii)  a political subdivision of the state; and (b)  became contaminated land before the owner described in Subsection (24)(a) obtained ownership of the land. See Utah Code 11-58-102 Remediation project area: means a project area consisting of contaminated land that is or is expected to become the subject of a remediation project. See Utah Code 11-58-102 Sale from bulk: means the sale of commodities, when the quantity is determined at the time of sale. See Utah Code 4-9-102 Six-member council form of government: means the form of municipal government described in 3. See Utah Code 10-3b-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 Statute: A law passed by a legislature. Tax notice charge: means the same as that term is defined in Section 59-2-1301. See Utah Code 11-60-102 Tax sale: means the tax sale described in 13. See Utah Code 11-60-102 Temporary mass gathering: means : (i)  an actual or reasonably anticipated assembly of 500 or more people that continues, or reasonably can be expected to continue, for two or more hours per day; or (ii)  an event that requires a more extensive review to protect public health and safety because the event's nature or conditions have the potential of generating environmental or health risks. See Utah Code 11-56-102 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. 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 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House. Weighing and measuring: means the use of weights and measures. See Utah Code 4-9-102 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 4-9-102 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 4-9-102 Weights and measures registration: means the issuance of a certificate by the commissioner to a weights and measures user. See Utah Code 4-9-102 Weights and measures user: means a person who uses weights and measures in trade or commerce. See Utah Code 4-9-102 Working animal: means an animal used for performing a specific duty or function in commerce, including an animal used for entertainment, herding, transportation, education, or exhibition. See Utah Code 11-46a-101 Writing: includes :Utah Code 68-3-12.5