Terms Used In Utah Code > Title 7 > Chapter 1 > Part 1 - Citation, Purposes, Definitions, and Application

• 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
• Animal: means all vertebrate or invertebrate species. See Utah Code 4-14-102
• Aquaculture: means the controlled cultivation of aquatic animals. See Utah Code 4-37-103
• Aquaculture facility: means any tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture. See Utah Code 4-37-103
• Aquatic animal: includes a gamete of any species listed in Subsection (3)(a). See Utah Code 4-37-103
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bank: means a person authorized under the laws of this state, another state, or the United States to accept deposits from the public. See Utah Code 7-1-103
• Branch: means a place of business of a financial institution, other than its main office, at which deposits are received and paid. See Utah Code 7-1-103
• Certified applicator: means an individual who is licensed by the department to apply:

  (a)	a restricted use pesticide; or

  (b)

  a general use pesticide for hire or in exchange for compensation. See Utah Code 4-14-102 Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109 Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103 Committee: means the Decision and Action Committee created by this chapter. See Utah Code 4-35-102 control: means the power, directly or indirectly, or through or in concert with one or more persons, to: (a)  direct or exercise a controlling influence over: (i)  the management or policies of a financial institution; or (ii)  the election of a majority of the directors or trustees of an institution; or (b)  vote 25% or more of any class of voting securities of a financial institution. See Utah Code 7-1-103 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. Credit union: means a cooperative, nonprofit association incorporated under: (a)  Chapter 9, Utah Credit Union Act; or (b)  12 U. See Utah Code 7-1-103 Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109 Department: means the Department of Financial Institutions. See Utah Code 7-1-103 Department: means the Department of Agriculture and Food. See Utah Code 4-35-102 Depository institution: means a bank, savings and loan association, savings bank, industrial bank, credit union, or other institution that: (a)  holds or receives deposits, savings, or share accounts; (b)  issues certificates of deposit; or (c)  provides to its customers other depository accounts that are subject to withdrawal by checks, drafts, or other instruments or by electronic means to effect third party payments. See Utah Code 7-1-103 Depository institution holding company: means : (i)  a person other than an individual that: (A)  has control over a depository institution; or (B)  becomes a holding company of a depository institution under Section 7-1-703; or (ii)  a person other than an individual that the commissioner finds, after considering the specific circumstances, is exercising or is capable of exercising a controlling influence over a depository institution by means other than those specifically described in this section. See Utah Code 7-1-103 Environment: means all living plants and animals, water, air, land, and the interrelationships that exist between them. See Utah Code 4-14-102 EPA: means the United States Environmental Protection Agency. See Utah Code 4-14-102 Equipment: means any type of ground, water, or aerial equipment or contrivance using motorized, mechanical, or pressurized power to apply a pesticide. See Utah Code 4-14-102 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. Fee fishing facility: means a body of water used for holding or rearing fish for the purpose of providing fishing for a fee or for pecuniary consideration or advantage. See Utah Code 4-37-103 Fiduciary: A trustee, executor, or administrator. FIFRA: means the Federal Insecticide, Fungicide, and Rodenticide Act. See Utah Code 4-14-102 Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103 Financial institution holding company: means a person, other than an individual that has control over a financial institution or a person that becomes a financial institution holding company under this chapter, including an out-of-state or foreign depository institution holding company. See Utah Code 7-1-103 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. Foreign depository institution: means a depository institution chartered or authorized to transact business by a foreign government. See Utah Code 7-1-103 Fund: means the Plant Pest Fund created by Section 4-35-106. See Utah Code 4-35-102 Home state: means : (a)  for a state chartered depository institution, the state that charters the institution; (b)  for a federally chartered depository institution, the state where the institution's main office is located; and (c)  for a depository institution holding company, the state in which the total deposits of all depository institution subsidiaries are the largest. See Utah Code 7-1-103 Industrial bank: means a corporation or limited liability company conducting the business of an industrial bank under Chapter 8, Industrial Banks. See Utah Code 7-1-103 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Institution: means : (a)  a corporation; (b)  a limited liability company; (c)  a partnership; (d)  a trust; (e)  an association; (f)  a joint venture; (g)  a pool; (h)  a syndicate; (i)  an unincorporated organization; or (j)  any form of business entity. See Utah Code 7-1-103 Institution subject to the jurisdiction of the department: means an institution or other person described in Section 7-1-501. See Utah Code 7-1-103 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 any written, printed, or graphic matter on, or attached to, a pesticide or a container or wrapper of a pesticide. See Utah Code 4-14-102 Land: includes :Utah Code 68-3-12.5 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Liquidation: means the act or process of winding up the affairs of an institution subject to the jurisdiction of the department by realizing upon assets, paying liabilities, and appropriating profit or loss, as provided in Chapter 2, Possession of Depository Institution by Commissioner, and Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. See Utah Code 7-1-103 Misuse: means use of any pesticide in a manner inconsistent with the pesticide's label or labeling. See Utah Code 4-14-102 Natural flowing stream: means the same as that term is defined in Section 23-13-2. See Utah Code 4-37-103 Natural lake: means the same as that term is defined in Section 23-13-2. See Utah Code 4-37-103 NOW account: means a savings account from which the owner may make withdrawals by negotiable or transferable instruments for the purpose of making transfers to third parties. See Utah Code 7-1-103 Ornamental and turf pest control: means the use of a pesticide to control ornamental and turf pests in the maintenance and protection of ornamental trees, shrubs, flowers, or turf. See Utah Code 4-14-102 Out-of-state: means , in reference to a depository institution or depository institution holding company, an institution or company whose home state is not Utah. See Utah Code 7-1-103 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 : (a)  an individual; (b)  a corporation; (c)  a limited liability company; (d)  a partnership; (e)  a trust; (f)  an association; (g)  a joint venture; (h)  a pool; (i)  a syndicate; (j)  a sole proprietorship; (k)  an unincorporated organization; or (l)  any form of business entity. See Utah Code 7-1-103 Pest: means : (i)  any insect, rodent, nematode, fungus, weed; or (ii)  any other form of terrestrial or aquatic plant or animal life, virus, bacteria, or other microorganism that is injurious to health or to the environment or that the department declares to be a pest. See Utah Code 4-14-102 Pesticide: means any: (a)  substance or mixture of substances, including a living organism, that is intended to prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug, fungus, weed, or other form of plant or animal life that is normally considered to be a pest or that the commissioner declares to be a pest; (b)  any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant; (c)  any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, or emulsifying agent with deflocculating properties of its own used with a pesticide to aid the pesticide's application or effect; and (d)  any other substance designated by the department by rule. See Utah Code 4-14-102 Pesticide applicator: is a person who: (a)  applies or supervises the application of a pesticide; and (b)  is required by this chapter to have a license. See Utah Code 4-14-102 Pesticide applicator business: means an entity that: (i)  is authorized to do business in this state; and (ii)  offers pesticide application services. See Utah Code 4-14-102 Plant pest: means a biological agent that the commissioner determines to be a threat to agriculture in the state as described in Subsection 4-2-103(1)(k)(i). See Utah Code 4-35-102 Private fish pond: means the same as that term is defined in Section 23-13-2. See Utah Code 4-37-103 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 Public aquaculture facility: means a tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture by the Division of Wildlife Resources, U. See Utah Code 4-37-103 Public fishery resource: means fish produced in public aquaculture facilities and wild and free ranging populations of fish in the surface waters of the state. See Utah Code 4-37-103 Qualifying party: means a certified qualified applicator who is the owner or employee of a pesticide applicator business and who is registered with the department as the individual responsible for ensuring the training, equipping, and supervision of all pesticide applicators who work for the pesticide applicator business. See Utah Code 4-14-102 Receivership: means the administration and management of the affairs of an institution subject to the jurisdiction of the department to conserve, preserve, and properly dispose of the assets, liabilities, and revenues of an institution in possession, as provided in Chapter 2, Possession of Depository Institution by Commissioner, and Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. See Utah Code 7-1-103 Reservoir constructed on a natural stream channel: means the same as that term is defined in Section 23-13-2. See Utah Code 4-37-103 Savings account: means a deposit or other account at a depository institution that is not a transaction account. See Utah Code 7-1-103 Savings and loan association: means : (a)  a federal savings and loan association; and (b)  an out-of-state savings and loan association. See Utah Code 7-1-103 service organization: means a corporation or other business entity owned or controlled by one or more financial institutions that is engaged or proposes to engage in business activities related to the business of financial institutions. See Utah Code 7-1-103 Short-term fishing event: means the same as that term is defined in Section 23-13-2. See Utah Code 4-37-103 Spot treatment: means the limited application of an herbicide to an area that is no more than 5% of the potential treatment area or one-twentieth of an acre, whichever is smaller, using equipment that is designed to contain no more than five gallons of mixture. See Utah Code 4-14-102 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: means , unless the context demands otherwise: (a)  a state; (b)  the District of Columbia; or (c)  the territories of the United States. See Utah Code 7-1-103 Subsidiary: means a business entity under the control of an institution. See Utah Code 7-1-103 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. Trust company: means a person authorized to conduct a trust business, as provided in Chapter 5, Trust Business. See Utah Code 7-1-103 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Venue: The geographical location in which a case is tried. Writing: includes :Utah Code 68-3-12.5