Utah Code > Title 4 > Chapter 4a – Confinement of Egg-laying Hens
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§ 4-4a-101 | Title |
§ 4-4a-102 | Definitions |
§ 4-4a-103 | Prohibitions |
§ 4-4a-104 | Confinement exemptions |
§ 4-4a-105 | De minimis exemptions for shell eggs |
§ 4-4a-106 | Enforcement |
§ 4-4a-107 | Report |
Terms Used In Utah Code > Title 4 > Chapter 4a - Confinement of Egg-laying Hens
- Agricultural discharge: means the release of agriculture water from the property of a farm, ranch, or feedlot that:(1)(a)(i) pollutes a surface body of water, including a stream, lake, pond, marshland, watercourse, waterway, river, ditch, or other water conveyance system;(1)(a)(ii) pollutes ground water; or(1)(a)(iii) constitutes a significant nuisance to urban land. See Utah Code 4-18-103
- Agricultural operation: means a farm, ranch, or animal feeding operation. See Utah Code 4-18-103
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Best management practices: means practices, including management policies and the use of technology, used by each sector of agriculture in the production of food and fiber that are commonly accepted practices, or that are at least as effective as commonly accepted practices, and that:
(6)(a) protect the environment;(6)(b) protect human health;(6)(c) ensure the humane treatment of animals; and(6)(d) promote the financial viability of agricultural production. See Utah Code 4-18-103- Cage-free housing system: includes , to the extent the system is a system described in Subsection (1)(a) and is not excluded by Subsection (1)(c), a multi-tiered aviary, partially slatted system, single-level all-litter floor system, and any future system that is a system described in Subsection (1)(a) and is not excluded by Subsection (1)(c). See Utah Code 4-4a-102
- Certified agricultural operation: means an agricultural operation that is certified under the Utah Agriculture Certificate of Environmental Stewardship Program in accordance with Section 4-18-107. See Utah Code 4-18-103
- Certified conservation planner: means a planner of a state conservation district, or other qualified planner, that is approved by the commission to certify an agricultural operation under the Utah Agriculture Certificate of Environmental Stewardship Program, created in Section 4-18-107. See Utah Code 4-18-103
- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- 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- Colorado River Salinity Offset Program: means a program, administered by the Division of Water Quality, allowing oil, gas, or mining companies and other entities to provide funds to finance salinity reduction projects in the Colorado River Basin by purchasing salinity credits as offsets against discharges made by the company under permits issued by the Division of Water Quality. See Utah Code 4-18-201
- Commission: means the Conservation Commission created in Section 4-18-104. See Utah Code 4-18-103
- Commission: means the Conservation Commission created in Section 4-18-104. See Utah Code 4-18-302
- Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
- Commissioner: means the commissioner of agriculture and food or the commissioner's designee. See Utah Code 4-18-302
- Community council area: means the cumulative areas within the geographic boundary of a community council that is formally recognized by a county of the first class pursuant to county ordinance. See Utah Code 10-2a-102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contact sponsor: means the person designated in the feasibility request as the contact sponsor under Subsection
10-2a-202 (3)(b). See Utah Code 10-2a-102- Contiguous: means , except as provided in Subsection (1)(d)(ii), the same as that term is defined in Section
10-1-104 . See Utah Code 10-2a-102- 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.
- County legislative body: means :
(8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(8)(b) the county council, in the county executive-council optional form of government authorized by Section17-52a-203 ; and(8)(c) the county council, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- Egg-laying hen: means a female domesticated chicken kept for the purpose of commercial egg production. See Utah Code 4-4a-102
- Eligible entities: means public, governmental, and private entities, including:
(6)(a) conservation districts;(6)(b) producers;(6)(c) groups of producers;(6)(d) producer groups;(6)(e) producer cooperatives;(6)(f) water conservancy districts;(6)(g) American Indian Tribes;(6)(h) nonprofit entities;(6)(i) academic or research institutions and subdivisions of these institutions;(6)(j) the United States or any corporation or agency created or designed by the United States; or(6)(k) the state or any of the state's agencies or political subdivisions. See Utah Code 4-18-302- Enclosure: means a structure used to confine an egg-laying hen. See Utah Code 4-4a-102
- Environmental benefits: means benefits to natural and agricultural resources and human health, including:
(7)(a) improved air quality;(7)(b) surface or ground water quality and quantity;(7)(c) improved soil health, including nutrient cycling, soil fertility, or drought resilience;(7)(d) reductions in agricultural inputs;(7)(e) carbon sequestration or climate resilience;(7)(f) increased biodiversity; or(7)(g) improved nutritional quality of agricultural products. See Utah Code 4-18-302- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- 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.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Farm: means the land, buildings, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food. See Utah Code 4-4a-102
- Feasibility request: means a request, described in Section
10-2a-202 , for a feasibility study for the proposed incorporation of a municipality. See Utah Code 10-2a-102- Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
- Fiduciary: A trustee, executor, or administrator.
- 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.
- Fodder: means food for livestock. See Utah Code 4-18-103
- Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
- Hydroponic: means a technique for growing plants without soil. See Utah Code 4-18-103
- Incentives: means monetary incentives, including grants and loans, or non-monetary incentives, including equipment, technical assistance, educational materials, outreach, and market development assistance for market premiums or ecosystem services markets. See Utah Code 4-18-302
- 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 :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- Land manager: means a manager of land where agricultural activities occur, including:
(11)(a) a federal land manager;(11)(b) a lessee of federal, tribal, state, county, municipal, or private land where agricultural activities occur; or(11)(c) others as the department may determine. See Utah Code 4-18-302- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Livestock: means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section
4-39-102 , or any other domestic animal or domestic furbearer raised or kept for profit. See Utah Code 4-1-109- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Multi-tiered aviary: means a cage-free housing system where egg-laying hens have unfettered access to multiple elevated flat platforms that provide the egg-laying hens with usable floor space both on top of and underneath the platforms. See Utah Code 4-4a-102
- Municipal: means of or relating to a municipality. See Utah Code 10-1-104
- Municipality: means :
(5)(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;(5)(b) a town, as classified in Section10-2-301 ; or(5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104- nutrient management plan: means a plan to properly store, handle, and spread manure and other agricultural byproducts to:
(10)(a) protect the environment; and(10)(b) provide nutrients for the production of crops. See Utah Code 4-18-103- 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.
- Partially slatted system: means a cage-free housing system where egg-laying hens have unfettered access to elevated flat platforms under which manure drops through the flooring to a pit or litter removal belt below. See Utah Code 4-4a-102
- 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 :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See 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
- Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- product of agriculture: means any product that is derived from agriculture, including any product derived from aquaculture as defined in Section
4-37-103 . See Utah Code 4-1-109- Program: means the Utah Soil Health Program created in Section 4-18-303. See Utah Code 4-18-302
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: includes :
(31)(a) land;(31)(b) a tenement;(31)(c) a hereditament;(31)(d) a water right;(31)(e) a possessory right; and(31)(f) a claim. See Utah Code 68-3-12.5- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- Single-level all-litter floor system: means a cage-free housing system bedded with litter where egg-laying hens have limited or no access to elevated flat platforms. See Utah Code 4-4a-102
- Soil health: means the continued capacity of soil to function as a vital living ecosystem that sustains plants, animals, and humans. See Utah Code 4-18-302
- Soil health practices: means those practices that may contribute to soil health, including:
(19)(a) no-tillage;(19)(b) conservation tillage;(19)(c) crop rotations;(19)(d) intercropping;(19)(e) cover cropping;(19)(f) planned grazing;(19)(g) the application of soil amendments that add carbon or organic matter, including biosolids, manure, compost, or biochar;(19)(h) revegetation; or(19)(i) other practices the department determines contribute or have the potential to contribute to soil health. See Utah Code 4-18-302- 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 technical standards: means a collection of best management practices that will protect the environment in a reasonable and economical manner for each sector of agriculture as required by this chapter. See Utah Code 4-18-103
- Statute: A law passed by a legislature.
- Sustainable agriculture: means agriculture production and practices that promote:
(17)(a) the environmental responsibility of owners and operators of farms, ranches, and feedlots; and(17)(b) the profitability of owners and operators of farms, ranches, and feedlots. See Utah Code 4-18-103- 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.
- 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- 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
- Usable floor space: includes both ground space and elevated level or nearly level flat platforms upon which hens can roost, but does not include perches or ramps. See Utah Code 4-4a-102
- Veteran: means an individual who:
(44)(a)(i) has served in the United States Armed Forces for at least 180 days:(44)(a)(i)(A) on active duty; or(44)(a)(i)(B) in a reserve component, to include the National Guard; or(44)(a)(ii) has incurred an actual service-related injury or disability while in the United States Armed Forces regardless of whether the individual completed 180 days; and(44)(a)(iii) was separated or retired under conditions characterized as honorable or general. See Utah Code 68-3-12.5- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5