§ 4-9-101 Title
§ 4-9-102 Definitions
§ 4-9-103 Authority to make rules
§ 4-9-104 Weights and measures — Systems used — Basic units, tables, and equivalents as published by National Institute of Standards and Technology
§ 4-9-105 Weights and measures — Primary state standards — Secondary state standards — Verification
§ 4-9-106 Weights and measures — Specifications, tolerances, and technical data published in National Institute of Standards and Technology Handbook govern
§ 4-9-107 Adopting uniform packaging and labeling regulation
§ 4-9-108 Adopting uniform regulation for the method of sale of commodities
§ 4-9-109 Adopting uniform regulation for the voluntary registration of servicepersons and service agencies for commercial weighing and measuring devices
§ 4-9-110 Department duties — Seizure of incorrect weights and measures
§ 4-9-111 Enforcement powers of department
§ 4-9-112 Sale of commodities in liquid form — Sale of commodities in nonliquid form — Requirements
§ 4-9-113 Bulk sales — Information furnished to purchaser
§ 4-9-114 Packaged commodity sales — Labeling information specified — When price per single unit of weight to be displayed
§ 4-9-115 Advertisement of packaged commodity sales — Requirements
§ 4-9-116 Unlawful acts specified
§ 4-9-117 Weighing and measuring devices — Presumption
§ 4-9-118 Registration of commercial establishments using weights and measures — Approved weights and measures inspectors — Application — Fee — Expiration — Renewal

Terms Used In Utah Code > Title 4 > Chapter 9

  • 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.
  • Agreement: means an oral or written agreement between a:
    (a) 
    (i) county; or
    (ii) municipality; and
    (b) person. See Utah Code 11-41-102
  • Agriculture: means the science and art of the production of plants and animals useful to man, including the preparation of plants and animals for human use and disposal by marketing or otherwise. See Utah Code 4-1-109
  • 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.
  • Applicant: means a person who seeks employment with a public water utility, either as an employee or as an independent contractor, and who, after employment, would, in the judgment of the public water utility, be in a position to affect the safety or security of the publicly owned treatment works or public water system or to affect the safety or well-being of patrons of the public water utility. See Utah Code 11-40-101
  • 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
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assignment agreement: means the agreement, security agreement, indenture, or other documentation by which the county transfers the delinquent tax receivables to the authority in consideration of the amounts paid by the authority under the assignment agreement, as provided in this chapter. See Utah Code 11-32-2
  • authority: means a nonprofit corporation organized under this chapter by a county on behalf of the participant members within the county as the financing authority for the participant members solely for the purpose of financing the assignment of the delinquent tax receivables of the participant members for which it was created. See Utah Code 11-32-2
  • Bid limit: means :
    (a) for a building improvement:
    (i) for the year 2003, $40,000; and
    (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an amount calculated by multiplying the amount of the bid limit for the previous year by the lesser of 3% or the actual percent change in the Consumer Price Index during the previous calendar year; and
    (b) for a public works project:
    (i) for the year 2003, $125,000; and
    (ii) for each year after 2003, the amount of the bid limit for the previous year, plus an amount calculated by multiplying the amount of the bid limit for the previous year by the lesser of 3% or the actual percent change in the Consumer Price Index during the previous calendar year. See Utah Code 11-39-101
  • Bonds: means any evidence or contract of indebtedness that is issued or authorized by a public body, including, without limitation, bonds, refunding bonds, advance refunding bonds, bond anticipation notes, tax anticipation notes, notes, certificates of indebtedness, warrants, commercial paper, contracts, and leases, whether they are general obligations of the issuing public body or are payable solely from a specified source, including annual appropriations by the public body. See Utah Code 11-34-1
  • Bonds: means any bonds, notes, or other evidence of indebtedness of the financing authority issued under this chapter. See Utah Code 11-32-2
  • 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
  • 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: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
  • 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
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consumer Price Index: means the Consumer Price Index for All Urban Consumers as published by the Bureau of Labor Statistics of the United States Department of Labor. See Utah Code 11-39-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Correct: means conformance to applicable requirements of this chapter. See Utah Code 4-9-102
  • Council: means the Utah Beef Council created in Section 4-21-103. See Utah Code 4-21-102
  • 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 Part 2, Council-Mayor Form of Municipal Government. See Utah Code 10-3b-102
  • County executive: means :Utah Code 68-3-12.5
  • County legislative body: 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.
  • Delinquent tax receivables: means those ad valorem tangible property taxes levied within any county, for any year, which remain unpaid and owing the participant members within the county, as of January 15 of the following year, plus any interest and penalties accruing or assessed to them. See Utah Code 11-32-2
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • Dependent: A person dependent for support upon another.
  • Design-build project: means a building improvement or public works project for which both the design and construction are provided for in a single contract with a contractor or combination of contractors capable of providing design-build services. See Utah Code 11-39-101
  • Design-build services: means the engineering, architectural, and other services necessary to formulate and implement a design-build project, including the actual construction of the project. See Utah Code 11-39-101
  • Division: means the Criminal Investigation and Technical Services Division of the Department of Public Safety, established in Section 53-10-103. See Utah Code 11-40-101
  • 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.
  • 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
  • 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.
  • Governing body: means the council, commission, county legislative body, board of education, board of trustees, or any other governing entity of a public body in which the legislative powers of the public body are vested. See Utah Code 11-32-2
  • 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 a local district, the board of trustees of the local district; and
    (c) for a special service district:
    (i) the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or
    (ii) the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301. See Utah Code 11-39-101
  • Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
  • Highway: includes :Utah Code 68-3-12.5
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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.
  • 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
  • Local entity: means a county, city, town, metro township, local district, or special service district. See Utah Code 11-39-101
  • Lowest responsive responsible bidder: means a prime contractor who:
    (a) has submitted a bid in compliance with the invitation to bid and within the requirements of the plans and specifications for the building improvement or public works project;
    (b) is the lowest bidder that satisfies the local entity's criteria relating to financial strength, past performance, integrity, reliability, and other factors that the local entity uses to assess the ability of a bidder to perform fully and in good faith the contract requirements;
    (c) has furnished a bid bond or equivalent in money as a condition to the award of a prime contract; and
    (d) furnishes a payment and performance bond as required by law. See Utah Code 11-39-101
  • 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
  • Metro township: means a metro township incorporated in accordance with Chapter 2a, Part 4, Incorporation of Metro Townships and Unincorporated Islands in a County of the First Class on and after May 12, 2015. See Utah Code 10-3c-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 local district created in accordance with Title 17B, Chapter 2a, Part 11, Municipal Services District Act. See Utah Code 10-3c-102
  • Municipality: means a:
    (a) city;
    (b) town; or
    (c) metro township. See Utah Code 11-41-102
  • 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
  • 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
  • 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
  • Package: means a commodity put up or packaged before sale in either wholesale or retail saleunits. See Utah Code 4-9-102
  • Participant members: means those public bodies, including the county, the governing bodies of which approve the creation of an authority as provided in Section 11-32-3 and on whose behalf the authority acts. See Utah Code 11-32-2
  • 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.
  • Payment: includes :
    (a) a payment;
    (b) a rebate;
    (c) a refund; or
    (d) an amount similar to Subsections (3)(a) through (c). See Utah Code 11-41-102
  • Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • Person: means :Utah Code 68-3-12.5
  • Person seeking access: means a person who seeks access to a public water utility's public water system or publicly owned treatment works and who, after obtaining access, would, in the judgment of the public water utility, be in a position to affect the safety or security of the publicly owned treatment works or public water system or to affect the safety or well-being of patrons of the public water utility. See Utah Code 11-40-101
  • Personal property: includes :Utah Code 68-3-12.5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Political subdivision: means a municipality or county. See Utah Code 11-51-102
  • 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 code: means the provisions of Title 63G, Chapter 6a, Utah Procurement Code. See Utah Code 11-39-101
  • 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
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public body: means any city, town, county, school district, special service district, local district, community reinvestment agency, or any other entity entitled to receive ad valorem property taxes, existing under the laws of the state. See Utah Code 11-32-2
  • Public body: means the state and any public department, public agency, or other public entity existing under the laws of the state, including, without limitation, any agency, authority, instrumentality, or institution of the state, and any county, city, town, municipal corporation, quasi-municipal corporation, state university or college, school district, special service district, local district, separate legal or administrative entity created under the Interlocal Cooperation Act or other joint agreement entity, community reinvestment agency, and any other political subdivision, public authority, public agency, or public trust existing under the laws of this state. See Utah Code 11-34-1
  • Public water utility: means a county, city, town, local district under Title 17B, Chapter 1, Provisions Applicable to All Local Districts, special service district under Title 17D, Chapter 1, Special Service District Act, or other political subdivision of the state that operates publicly owned treatment works or a public water system. See Utah Code 11-40-101
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :Utah Code 68-3-12.5
  • Regional retail business: means a:
    (a) retail business that occupies a floor area of more than 80,000 square feet;
    (b) dealer as defined in Section 41-1a-102;
    (c) retail shopping facility that has at least two anchor tenants if the total number of anchor tenants in the shopping facility occupy a total floor area of more than 150,000 square feet; or
    (d) grocery store that occupies a floor area of more than 30,000 square feet. See Utah Code 11-41-102
  • 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.
  • Sale from bulk: means the sale of commodities, when the quantity is determined at the time of sale. See Utah Code 4-9-102
  • Sales and use tax: means a tax:
    (i) imposed on transactions within a:
    (A) county; or
    (B) municipality; and
    (ii) except as provided in Subsection (5)(b), authorized under Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 11-41-102
  • Sales and use tax incentive payment: means a payment of revenues:
    (i) to a person;
    (ii) by a:
    (A) county; or
    (B) municipality;
    (iii) to induce the person to locate or relocate a regional retail business within the:
    (A) county; or
    (B) municipality; and
    (iv) that are derived from a sales and use tax. See Utah Code 11-41-102
  • 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.
  • Summons: Another word for subpoena used by the criminal justice system.
  • 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: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • 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.
  • Trustee: A person or institution holding and administering property in trust.
  • 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
  • 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
  • Writing: includes :Utah Code 68-3-12.5
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