Terms Used In Utah Code > Title 58 > Chapter 37d - Clandestine Drug Lab Act

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• 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.
• Booby trap: includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, nails, spikes, electrical devices, lines or wires with hooks attached, and devices for the production of toxic fumes or gases. See Utah Code 58-37d-3
• Clandestine laboratory operation: means the:

  (i)	purchase or procurement of chemicals, supplies, equipment, or laboratory location for the illegal manufacture of specified controlled substances;

  (ii)	transportation or arranging for the transportation of chemicals, supplies, or equipment for the illegal manufacture of specified controlled substances;

  (iii)

  setting up of equipment or supplies in preparation for the illegal manufacture of specified controlled substances;

  (iv)

  activity of compounding, synthesis, concentration, purification, separation, extraction, or other physical or chemical processing of a substance, including a controlled substance precursor, or the packaging, repackaging, labeling, or relabeling of a container holding a substance that is a product of any of these activities, when the substance is to be used for the illegal manufacture of specified controlled substances;

  (v)	illegal manufacture of specified controlled substances; or

  (vi)

  distribution or disposal of chemicals, equipment, supplies, or products used in or produced by the illegal manufacture of specified controlled substances. See Utah Code 58-37d-3 Community location: 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 Controlled substance precursor: means those chemicals designated in Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, except those substances designated in Subsections 58-37c-3(1)(kk) and (ll). See Utah Code 58-37d-3 Counterfeit opioid: means an opioid or container or labeling of an opioid that: (i)  (A)  without authorization bears the trademark, trade name, or other identifying mark, imprint, number, device, or any likeness of them, of a manufacturer, distributor, or dispenser other than the person or persons who in fact manufactured, distributed, or dispensed the substance which falsely purports to be an opioid distributed by another manufacturer, distributor, or dispenser; and (B)  a reasonable person would believe to be an opioid distributed by an authorized manufacturer, distributor, or dispenser based on the appearance of the substance as described under this Subsection (1)(d)(i) or the appearance of the container or labeling of the opioid; or (ii)  (A)  is falsely represented to be any legally or illegally manufactured opioid; and (B)  a reasonable person would believe to be a legal or illegal opioid. See Utah Code 58-37d-3 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Disposal: means the abandonment, discharge, deposit, injection, dumping, spilling, leaking, or placing of hazardous or dangerous material into or on property, land, or water so that the material may enter the environment, be emitted into the air, or discharged into any waters, including groundwater. See Utah Code 58-37d-3 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 Employee: means an employee of a tobacco retailer. See Utah Code 26B-7-501 Enforcing agency: means the department, or any local health department enforcing the provisions of this part. 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. General tobacco retailer: means a tobacco retailer that is not a retail tobacco specialty business. See Utah Code 26B-7-501 Hazardous or dangerous material: means a substance that because of its quantity, concentration, physical characteristics, or chemical characteristics may cause or significantly contribute to an increase in mortality, an increase in serious illness, or may pose a substantial present or potential future hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise improperly managed. See Utah Code 58-37d-3 Illegal manufacture of specified controlled substances: means in violation of Title 58, Chapter 37, Utah Controlled Substances Act, the: (i)  compounding, synthesis, concentration, purification, separation, extraction, or other physical or chemical processing for the purpose of producing methamphetamine, other amphetamine compounds as listed in Schedule I of the Utah Controlled Substances Act, phencyclidine, narcotic analgesic analogs as listed in Schedule I of the Utah Controlled Substances Act, lysergic acid diethylamide, mescaline, tetrahydrocannabinol, or counterfeit opioid; (ii)  conversion of cocaine or methamphetamine to their base forms; or (iii)  extraction, concentration, or synthesis of tetrahydrocannabinol. See Utah Code 58-37d-3 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 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 Opioid: means the same as that term is defined in Section 58-37f-303. See Utah Code 58-37d-3 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 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Proof of age: means : (i)  a valid identification card issued under 8; (ii)  a valid identification that: (A)  is substantially similar to an identification card issued under 8; (B)  is issued in accordance with the laws of a state other than Utah in which the identification is issued; (C)  includes date of birth; and (D)  has a picture affixed; (iii)  a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform Driver License Act, or in accordance with the laws of the state in which the valid driver license is issued; (iv)  a valid United States military identification card that: (A)  includes date of birth; and (B)  has a picture affixed; or (v)  a valid passport. See Utah Code 26B-7-501 Property: includes both real and personal property. See Utah Code 68-3-12.5 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 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 Tetrahydrocannabinol: means the same as that term is defined in Section 58-37-3. See Utah Code 58-37d-3 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 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5