Sections
Part 1 Administration 4-5-101 – 4-5-106
Part 2 Labels and Regulations 4-5-201 – 4-5-207
Part 3 Registration and Inspection 4-5-301
Part 4 Enforcement 4-5-401 – 4-5-402
Part 5 Special Programs 4-5-501 – 4-5-502

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Terms Used In Utah Code > Title 4 > Chapter 5 - Utah Wholesome Food Act

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Advertisement: means a representation, other than by labeling, made to induce the purchase of food. See Utah Code 4-5-102
  • 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.
  • Affordable housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income of the applicable municipal or county statistical area for households of the same size. See Utah Code 10-2a-501
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bonds: means bonds, notes, or other evidences of indebtedness. See Utah Code 11-17-2
  • 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
  • Clean energy system: means a product, system, device, or interacting group of devices that is permanently affixed to real property and that produces energy from clean resources, including:
         (2)(a) a photovoltaic system;
         (2)(b) a solar thermal system;
         (2)(c) a wind system;
         (2)(d) a geothermal system, including:
              (2)(d)(i) a direct-use system; or
              (2)(d)(ii) a ground source heat pump system;
         (2)(e) a micro-hydro system;
         (2)(f) nuclear fuel;
         (2)(g) carbon capture utilization and sequestration; or
         (2)(h) another clean energy system approved by the governing body. See Utah Code 11-17-2
  • 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
  • Community council municipality: means a municipality that results from the incorporation of unincorporated islands within a community council area. See Utah Code 10-2a-102
  • Consumer commodity: means a food, as defined by this chapter, or by the federal act. See Utah Code 4-5-102
  • 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
  • Contaminated: means not securely protected from dust, dirt, or foreign or injurious agents. See Utah Code 4-5-102
  • 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
  • Contiguous: means the same as that term is defined in Section 10-2a-102. See Utah Code 10-2a-501
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlling interest: means that one or more governmental entities collectively represent a majority of the board's voting power as outlined in the nonprofit corporation's governing documents. See Utah Code 11-13a-102
  • 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 Section 17-52a-203; and
         (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • Devise: To gift property by will.
  • Donor: The person who makes a gift.
  • 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
  • Energy efficiency upgrade: means an improvement that is permanently affixed to real property and that is designed to reduce energy consumption, including:
         (3)(a) insulation in:
              (3)(a)(i) a wall, ceiling, roof, floor, or foundation; or
              (3)(a)(ii) a heating or cooling distribution system;
         (3)(b) an insulated window or door, including:
              (3)(b)(i) a storm window or door;
              (3)(b)(ii) a multiglazed window or door;
              (3)(b)(iii) a heat-absorbing window or door;
              (3)(b)(iv) a heat-reflective glazed and coated window or door;
              (3)(b)(v) additional window or door glazing;
              (3)(b)(vi) a window or door with reduced glass area; or
              (3)(b)(vii) other window or door modifications that reduce energy loss;
         (3)(c) an automatic energy control system;
         (3)(d) in a building or a central plant, a heating, ventilation, or air conditioning and distribution system;
         (3)(e) caulking or weatherstripping;
         (3)(f) a light fixture that does not increase the overall illumination of a building unless an increase is necessary to conform with the applicable building code;
         (3)(g) an energy recovery system;
         (3)(h) a daylighting system;
         (3)(i) measures to reduce the consumption of water, through conservation or more efficient use of water, including:
              (3)(i)(i) installation of a low-flow toilet or showerhead;
              (3)(i)(ii) installation of a timer or timing system for a hot water heater; or
              (3)(i)(iii) installation of a rain catchment system; or
         (3)(j) any other modified, installed, or remodeled fixture that is approved as a utility cost-savings measure by the governing body. See Utah Code 11-17-2
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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 an agricultural operation, under management by one entity, that grows or harvests crops. See Utah Code 4-5-102
  • Farmers market: means a market where a producer of a food product sells only a fresh, raw, whole, unprocessed, and unprepared food item directly to the final consumer. See Utah Code 4-5-102
  • Feasibility consultant: means a person or firm with the qualifications and expertise described in Subsection 10-2a-205(2)(b). See Utah Code 10-2a-102
  • Feasibility consultant: means a person or firm:
         (5)(a) with expertise in the processes and economics of local government; and
         (5)(b) who is independent of, and not affiliated with, a county or a sponsor of a petition to incorporate a preliminary municipality under this part. See Utah Code 10-2a-501
  • 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
  • Feasibility request: means a request, described in Section 10-2a-502, for a feasibility study for the proposed incorporation of a preliminary municipality. See Utah Code 10-2a-501
  • Federal act: means the Federal Food, Drug, and Cosmetic Act, Utah Code 4-5-102
  • Fiduciary: A trustee, executor, or administrator.
  • financing: includes the issuing of bonds by a municipality, county, or state university for the purpose of using a portion, or all or substantially all of the proceeds to pay for or to reimburse the user, lender, or the user or lender's designee for the costs of the acquisition of facilities of a project, or to create funds for the project itself where appropriate, whether these costs are incurred by the municipality, the county, the state university, the user, or a designee of the user. See Utah Code 11-17-2
  • 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.
  • Food: means :
         (8)(a) an article used for food or drink for human or animal consumption or the components of the article;
         (8)(b) chewing gum or chewing gum components; or
         (8)(c) a food supplement for special dietary use that is necessitated because of a physical, physiological, pathological, or other condition. See Utah Code 4-5-102
  • Food additive: includes a substance or source of radiation intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food. See Utah Code 4-5-102
  • Food establishment: means a grocery store, bakery, candy factory, food processor, bottling plant, sugar factory, cannery, farm, rabbit processor, meat processor, flour mill, cold or dry warehouse storage, or other facility where food products are manufactured, canned, processed, packaged, stored, transported, prepared, sold, or offered for sale. See Utah Code 4-5-102
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing board: includes a board of directors. See Utah Code 11-13a-102
  • Governing body: means :
         (5)(a) for a county, city, or town, the legislative body of the county, city, or town;
         (5)(b) for the Utah Inland Port Authority created in Section 11-58-201, the board, as defined in Section 11-58-102;
         (5)(c) for the military installation development authority created in Section 63H-1-201, the board, as defined in Section 63H-1-102;
         (5)(d) for a state university except as provided in Subsection (5)(e), the board or body having the control and supervision of the state university; and
         (5)(e) for a nonprofit corporation or foundation created by and operating under the auspices of a state university, the board of directors or board of trustees of that corporation or foundation. See Utah Code 11-17-2
  • Governmental entity: means the state, a county, a municipality, a special district, a special service district, a school district, a state institution of higher education, or any other political subdivision or administrative unit of the state. See Utah Code 11-13a-102
  • Governmental nonprofit corporation: means :
              (4)(a)(i) a nonprofit corporation that is wholly owned or wholly controlled by one or more governmental entities, unless the nonprofit corporation receives no operating funding or other financial support from any governmental entity; or
              (4)(a)(ii) a nonprofit corporation in which one or more governmental entities exercise a controlling interest and:
                   (4)(a)(ii)(A) that exercises taxing authority;
                   (4)(a)(ii)(B) that imposes a mandatory fee for association or participation with the nonprofit corporation where that association or participation is mandated by law; or
                   (4)(a)(ii)(C) that receives a majority of the nonprofit corporation's operating funding from one or more governmental entities under the nonprofit corporation's governing documents, except where voluntary membership fees, dues, or assessments compose the operating funding. See Utah Code 11-13a-102
  • Grantor: The person who establishes a trust and places property into it.
  • 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
  • Industrial park: includes the development of the land for an industrial park under this chapter or the acquisition and provision of water, sewerage, drainage, street, road, sidewalk, curb, gutter, street lighting, electrical distribution, railroad, or docking facilities, or any combination of them, but only to the extent that these facilities are incidental to the use of the land as an industrial park. See Utah Code 11-17-2
  • Initial landowners: means the persons who owned the land within the proposed preliminary municipality area when the person filed the feasibility request under Section 20A-1-501. See Utah Code 10-2a-501
  • 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.
  • Label: means a written, printed, or graphic display on the immediate container of an article of food. See Utah Code 4-5-102
  • Labeling: means a label and other written, printed, or graphic display:
         (12)(a) on an article of food or the article of food's container or wrapper; or
         (12)(b) accompanying the article of food. See Utah Code 4-5-102
  • 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
  • Landowner: means an owner of record of federal, tribal, state, county, municipal, or private land where agricultural activities occur. See Utah Code 4-18-302
  • 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
  • Lender: means a trust company, savings bank, savings and loan association, bank, credit union, or any other lending institution that lends, loans, or leases proceeds of a financing to the user or a user's designee. See Utah Code 11-17-2
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Man: means an adult human male. See Utah Code 68-3-12.5
  • 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.
  • Mortgage: means a mortgage, trust deed, or other security device. See Utah Code 11-17-2
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipal service: includes the physical facilities required to provide a service described in Subsection (1)(g)(i). See Utah Code 10-2a-102
  • Municipal service: means the same as that term is defined in Section 10-2a-102. See Utah Code 10-2a-501
  • Municipal services district: means a special district created under Title 17B, Chapter 2a, Part 11, Municipal Services District Act. See Utah Code 10-2a-102
  • Municipality: means a city or town. See Utah Code 11-13a-102
  • Municipality: means any incorporated city or town in the state, including cities or towns operating under home rule charters. See Utah Code 11-17-2
  • 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 Section 10-2-301; or
         (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
  • 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
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Package: means a container or wrapping in which a consumer commodity is enclosed for use in the delivery or display of the consumer commodity to retail purchasers. See Utah Code 4-5-102
  • 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.
  • Pending annexation area: means an area proposed for annexation in an annexation petition described in Section 10-2-403 that is filed before, and is still pending when, a person files the applicable request for a feasibility study under Section 10-2a-502. See Utah Code 10-2a-501
  • 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 :
         (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
  • Pesticide: means a substance intended:
              (15)(a)(i) to prevent, destroy, repel, or mitigate a pest, as defined under Section 4-14-102; or
              (15)(a)(ii) for use as a plant regulator, defoliant, or desiccant. See Utah Code 4-5-102
  • Pollution: means any form of environmental pollution including water pollution, air pollution, pollution caused by solid waste disposal, thermal pollution, radiation contamination, or noise pollution. See Utah Code 11-17-2
  • Primary sponsor contact: means :
         (10)(a) in relation to a feasibility request:
              (10)(a)(i) the individual designated as the primary sponsor contact for a feasibility request under Subsection 10-2a-502(5)(c); or
              (10)(a)(ii) an individual designated, in writing, by the initial landowners if a replacement primary sponsor contact is needed; or
         (10)(b) in relation to a petition for incorporation of a preliminary municipality:
              (10)(b)(i) the individual designated as the primary sponsor contact for a petition for incorporation of a preliminary municipality under Subsection 10-2a-507(1)(d); or
              (10)(b)(ii) an individual designated, in writing, by the initial landowners if a replacement primary sponsor contact is needed. See Utah Code 10-2a-501
  • Principal display panel: means that part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale. See Utah Code 4-5-102
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Produce: means a food that is a:
         (17)(a) fruit, vegetable, mix of intact fruits and vegetables, mushroom, sprout from any seed source, peanut, tree nut, or herb; and
         (17)(b) raw agricultural commodity. See Utah Code 4-5-102
  • Program: means the Utah Soil Health Program created in Section 4-18-303. See Utah Code 4-18-302
  • Project: means :
              (11)(a)(i) an industrial park, land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination of them, whether or not in existence or under construction:
                   (11)(a)(i)(A) that is suitable for industrial, manufacturing, warehousing, research, business, and professional office building facilities, commercial, shopping services, food, lodging, low income rental housing, recreational, or any other business purposes;
                   (11)(a)(i)(B) that is suitable to provide services to the general public;
                   (11)(a)(i)(C) that is suitable for use by any corporation, person, or entity engaged in health care services, including hospitals, nursing homes, extended care facilities, facilities for the care of persons with a physical or mental disability, and administrative and support facilities; or
                   (11)(a)(i)(D) that is suitable for use by a state university for the purpose of aiding in the accomplishment of its authorized academic, scientific, engineering, technical, and economic development functions;
              (11)(a)(ii) any land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination of them, used by any individual, partnership, firm, company, corporation, public utility, association, trust, estate, political subdivision, state agency, or any other legal entity, or its legal representative, agent, or assigns, for the reduction, abatement, or prevention of pollution, including the removal or treatment of any substance in process material, if that material would cause pollution if used without the removal or treatment;
              (11)(a)(iii) an energy efficiency upgrade;
              (11)(a)(iv) a clean energy system;
              (11)(a)(v) facilities, machinery, or equipment, the manufacturing and financing of which will maintain or enlarge domestic or foreign markets for Utah industrial products; or
              (11)(a)(vi) any economic development or new venture investment fund to be raised other than from:
                   (11)(a)(vi)(A) municipal or county general fund money;
                   (11)(a)(vi)(B) money raised under the taxing power of any county or municipality; or
                   (11)(a)(vi)(C) money raised against the general credit of any county or municipality. See Utah Code 11-17-2
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Proposed preliminary municipality area: means the area proposed for incorporation as a preliminary municipality in a feasibility request. See Utah Code 10-2a-501
  • Quorum: The number of legislators that must be present to do business.
  • Raw agricultural commodity: means a food in the food's raw or natural state, including all fruits that are washed, colored, or otherwise treated in the fruit's unpeeled, natural form before marketing. See Utah Code 4-5-102
  • 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
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Registration: means the commissioner's issuance of a certificate to a qualified food establishment. See Utah Code 4-5-102
  • 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.
  • Research project: includes projects at experiment stations, on:
              (14)(b)(i) lands owned by the United States or any corporation or agency created or designed by the United States;
              (14)(b)(ii) lands owned by the state or any of the state's agencies or political subdivisions; or
              (14)(b)(iii) private lands. See Utah Code 4-18-302
  • Road: includes :
         (33)(a) a public bridge;
         (33)(b) a county way;
         (33)(c) a county road;
         (33)(d) a common road; and
         (33)(e) a state road. See Utah Code 68-3-12.5
  • Service of process: The service of writs or summonses to the appropriate party.
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • 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 activities: means implementation of soil health practices, research projects, demonstration projects, or educational projects, or other activities the department finds necessary or appropriate to promote soil health. See Utah Code 4-18-302
  • Soil Health Advisory Committee: means the committee created in Section 4-18-306. See Utah Code 4-18-302
  • Soil health grant program: means the grant program authorized in Section 4-18-304. 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
  • Sprout: means the shoot of a plant generally harvested when cotyledons are undeveloped or underdeveloped and mature leaves have not emerged. See Utah Code 4-5-102
  • 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 university: means an institution of higher education as described in Section 53B-2-101 and includes any nonprofit corporation or foundation created by and operating under their authority. See Utah Code 11-17-2
  • System infrastructure: means , as shown on the map or plat described in Subsection 10-2a-502(5)(e) for the proposed preliminary municipal area:
         (13)(a) the main thoroughfares within the proposed preliminary municipal area, including the roads that connect the proposed preliminary municipality area to an existing road outside the proposed preliminary municipality area; and
         (13)(b) the main lines that will connect a utility to the proposed preliminary municipality area, including the stubs that will connect the main lines to the development in the proposed preliminary municipality area. See Utah Code 10-2a-501
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • 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
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • 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
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • User: means the person, whether natural or corporate, who will occupy, operate, maintain, and employ the facilities of, or manage and administer a project after the financing, acquisition, or construction of it, whether as owner, manager, purchaser, lessee, or otherwise. See Utah Code 11-17-2
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
         (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
         (42)(b)
              (42)(b)(i) after the day described in Subsection (42)(a); and
              (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • 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