Terms Used In Utah Code > Title 58 > Chapter 37c - Utah Controlled Substance Precursor Act

• Agricultural tourism activity: means the same as that term is defined in Section 78B-4-512. See Utah Code 26B-7-401
• Agritourism: means the same as that term is defined in Section 78B-4-512. See Utah Code 26B-7-401
• Agritourism food establishment: means a non-commercial kitchen facility where food is handled, stored, or prepared to be offered for sale on a farm in connection with an agricultural tourism activity. See Utah Code 26B-7-401
• Agritourism food establishment permit: means a permit issued by a local health department to the operator for the purpose of operating an agritourism food establishment. See Utah Code 26B-7-401
• 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.
• 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
• Certified food safety manager: means a manager of a food service establishment who:

  (a)	passes successfully a department-approved examination;

  (b)	successfully completes, every three years, renewal requirements established by department rule consistent with original certification requirements; and

  (c)

  submits to the appropriate local health department the documentation required by Section 26B-7-412. See Utah Code 26B-7-401 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Contract: A legal written agreement that becomes binding when signed. Controlled substance precursor: includes a chemical reagent and means any of the following: (a)  Phenyl-2-propanone; (b)  Methylamine; (c)  Ethylamine; (d)  D-lysergic acid; (e)  Ergotamine and its salts; (f)  Diethyl malonate; (g)  Malonic acid; (h)  Ethyl malonate; (i)  Barbituric acid; (j)  Piperidine and its salts; (k)  N-acetylanthranilic acid and its salts; (l)  Pyrrolidine; (m)  Phenylacetic acid and its salts; (n)  Anthranilic acid and its salts; (o)  Morpholine; (p)  Ephedrine; (q)  Pseudoephedrine; (r)  Norpseudoephedrine; (s)  Phenylpropanolamine; (t)  Benzyl cyanide; (u)  Ergonovine and its salts; (v)  3,4-Methylenedioxyphenyl-2-propanone; (w)  propionic anhydride; (x)  Insosafrole; (y)  Safrole; (z)  Piperonal; (aa)  N-Methylephedrine; (bb)  N-ethylephedrine; (cc)  N-methylpseudoephedrine; (dd)  N-ethylpseudoephedrine; (ee)  Hydriotic acid; (ff)  gamma butyrolactone (GBL), including butyrolactone, 1,2 butanolide, 2-oxanolone, tetrahydro-2-furanone, dihydro-2(3H)-furanone, and tetramethylene glycol, but not including gamma aminobutric acid (GABA); (gg)  1,4 butanediol; (hh)  any salt, isomer, or salt of an isomer of the chemicals listed in Subsections (1)(a) through (gg); (ii)  Crystal iodine; (jj)  Iodine at concentrations greater than 1. See Utah Code 58-37c-3 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. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Electronic cigarette: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501 Electronic cigarette product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501 Electronic cigarette substance: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501 Employee: means an employee of a tobacco retailer. See Utah Code 26B-7-501 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. Farm: means a working farm, ranch, or other commercial agricultural, aquacultural, horticultural, or forestry operation. See Utah Code 26B-7-401 Food: means : (a)  a raw, cooked, or processed edible substance, ice, nonalcoholic beverage, or ingredient used or intended for use or for sale, in whole or in part, for human consumption; or (b)  chewing gum. See Utah Code 26B-7-401 Food service establishment: means any place or area within a business or organization where potentially hazardous foods, as defined by the department under Section 26B-7-410, are prepared and intended for individual portion service and consumption by the general public, whether the consumption is on or off the premises, and whether or not a fee is charged for the food. See Utah Code 26B-7-401 Fraud: Intentional deception resulting in injury to another. furnish: means the actual, constructive, or attempted transfer of a controlled substance precursor. See Utah Code 58-37c-3 General tobacco retailer: means a tobacco retailer that is not a retail tobacco specialty business. See Utah Code 26B-7-501 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 Highway: includes :Utah Code 68-3-12.5 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 Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-7-501 Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102 Manufacturer sealed electronic cigarette product: means : (a)  an electronic cigarette substance or container that the electronic cigarette manufacturer does not intend for a consumer to open or refill; or (b)  a prefilled electronic cigarette as that term is defined in Section 76-10-101. See Utah Code 26B-7-501 Matrix: means something, as a substance, in which something else originates, develops, or is contained. See Utah Code 58-37c-3 Microenterprise home kitchen: means a non-commercial kitchen facility located in a private home and operated by a resident of the home where ready-to-eat food is handled, stored, prepared, or offered for sale. See Utah Code 26B-7-401 Microenterprise home kitchen permit: means a permit issued by a local health department to the operator for the purpose of operating a microenterprise home kitchen. See Utah Code 26B-7-401 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Nicotine: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501 Nicotine product: means the same as that term is defined in Section 76-10-101. See Utah Code 26B-7-501 Non-tobacco shisha: means any product that: (a)  does not contain tobacco or nicotine; and (b)  is smoked or intended to be smoked in a hookah or water pipe. See Utah Code 26B-7-501 Owner: means a person holding a 20% ownership interest in the business that is required to obtain a permit under this part. See Utah Code 26B-7-501 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. Permit: means a tobacco retail permit issued under Section 26B-7-507. See Utah Code 26B-7-501 Person: means :Utah Code 68-3-12.5 Person: means any individual, group of individuals, proprietorship, partnership, joint venture, corporation, or organization of any type or kind. See Utah Code 58-37c-3 Place of public access: means any enclosed indoor place of business, commerce, banking, financial service, or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which persons not employed at the place of public access have general and regular access or which the public uses, including: (a)  buildings, offices, shops, elevators, or restrooms; (b)  means of transportation or common carrier waiting rooms; (c)  restaurants, cafes, or cafeterias; (d)  taverns as defined in Section 32B-1-102, or cabarets; (e)  shopping malls, retail stores, grocery stores, or arcades; (f)  libraries, theaters, concert halls, museums, art galleries, planetariums, historical sites, auditoriums, or arenas; (g)  barber shops, hair salons, or laundromats; (h)  sports or fitness facilities; (i)  common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and breakfast" lodging facilities, and other similar lodging facilities, including the lobbies, hallways, elevators, restaurants, cafeterias, other designated dining areas, and restrooms of any of these; (j)  (i)  any child care facility or program subject to licensure or certification under this title, including those operated in private homes, when any child cared for under that license is present; and (ii)  any child care, other than child care as defined in Section 26B-2-401, that is not subject to licensure or certification under this title, when any child cared for by the provider, other than the child of the provider, is present; (k)  public or private elementary or secondary school buildings and educational facilities or the property on which those facilities are located; (l)  any building owned, rented, leased, or otherwise operated by a social, fraternal, or religious organization when used solely by the organization members or the members' guests or families; (m)  any facility rented or leased for private functions from which the general public is excluded and arrangements for the function are under the control of the function sponsor; (n)  any workplace that is not a place of public access or a publicly owned building or office but has one or more employees who are not owner-operators of the business; (o)  any area where the proprietor or manager of the area has posted a conspicuous sign stating "no smoking" "thank you for not smoking" or similar statement; and (p)  a holder of a bar establishment license, as defined in Section 32B-1-102. See Utah Code 26B-7-501 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. Practitioner: means a physician, dentist, podiatric physician, veterinarian, pharmacist, scientific investigator, pharmacy, hospital, pharmaceutical manufacturer, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state. See Utah Code 58-37c-3 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Publicly owned building or office: means any enclosed indoor place or portion of a place owned, leased, or rented by any state, county, or municipal government, or by any agency supported by appropriation of, or by contracts or grants from, funds derived from the collection of federal, state, county, or municipal taxes. See Utah Code 26B-7-501 Ready-to-eat: means : (a)  raw animal food that is cooked; (b)  raw fruits and vegetables that are washed; (c)  fruits and vegetables that are cooked for hot holding; (d)  a time or temperature control food that is cooked to the temperature and time required for the specific food in accordance with rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or (e)  a bakery item for which further cooking is not required for food safety. See Utah Code 26B-7-401 Regulated distributor: means a person within the state who provides, sells, furnishes, transfers, or otherwise supplies a listed controlled substance precursor chemical in a regulated transaction. See Utah Code 58-37c-3 Regulated purchaser: means any person within the state who receives a listed controlled substance precursor chemical in a regulated transaction. See Utah Code 58-37c-3 Regulated transaction: means any actual, constructive or attempted: (a)  transfer, distribution, delivery, or furnishing by a person within the state to another person within or outside of the state of a threshold amount of a listed precursor chemical; or (b)  purchase or acquisition by any means by a person within the state from another person within or outside the state of a threshold amount of a listed precursor chemical. See Utah Code 58-37c-3 Retail distributor: means a grocery store, general merchandise store, drug store, or other entity or person whose activities as a distributor are limited almost exclusively to sales for personal use: (a)  in both number of sales and volume of sales; and (b)  either directly to walk-in customers or in face-to-face transactions by direct sales. See Utah Code 58-37c-3 Retail tobacco specialty business: means the same as that term is defined: (a)  as it relates to a municipality, in Section 10-8-41. See Utah Code 26B-7-501 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Smoking: means : (a)  the possession of any lighted or heated tobacco product in any form; (b)  inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or hookah that contains: (i)  tobacco or any plant product intended for inhalation; (ii)  shisha or non-tobacco shisha; (iii)  nicotine; (iv)  a natural or synthetic tobacco substitute; or (v)  a natural or synthetic flavored tobacco product; (c)  using an electronic cigarette; or (d)  using an oral smoking device intended to circumvent the prohibition of smoking in this part. See Utah Code 26B-7-501 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 Tax commission license: means a license issued by the State Tax Commission under: (a)  Section 59-14-201 to sell a cigarette at retail; (b)  Section 59-14-301 to sell a tobacco product at retail; or (c)  Section 59-14-803 to sell an electronic cigarette product or a nicotine product. See Utah Code 26B-7-501 Threshold amount of a listed precursor chemical: means any amount of a controlled substance precursor or a specified amount of a controlled substance precursor in a matrix; however, the division may exempt from the provisions of this chapter a specific controlled substance precursor in a specific amount and in certain types of transactions which provisions for exemption shall be defined by the division by rule adopted pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 58-37c-3 Time or temperature control food: means food that requires time or temperature controls for safety to limit pathogenic microorganism growth or toxin formation. See Utah Code 26B-7-401 Tobacco product: means : (a)  a tobacco product as defined in Section 76-10-101; or (b)  tobacco paraphernalia as defined in Section 76-10-101. See Utah Code 26B-7-501 Tobacco retailer: means a person that is required to obtain a tax commission license. See Utah Code 26B-7-501 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5