Terms Used In Utah Code > Title 4 > Chapter 8 - Agricultural Fair Trade Act

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Agreement: means an oral or written agreement between a public entity and a person. See Utah Code 11-41-102
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• 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.
• Applicant: means a person who seeks employment with a public water utility, either as an employee or as an independent contractor, and who, after employment, would, in the judgment of the public water utility, be in a position to affect the safety or security of the publicly owned treatment works or public water system or to affect the safety or well-being of patrons of the public water utility. See Utah Code 11-40-101
• Appointed officer: includes an individual serving on a special, regular, or full-time committee, agency, or board, regardless of whether the individual is compensated for the individual's services. See Utah Code 10-3-1303
• 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
• Assessment: means the assessment that a specified county levies on benefitted properties under this chapter to pay for beneficial activities. See Utah Code 11-42b-101
• Assessment area: means a convention and tourism business assessment area designated under this chapter. See Utah Code 11-42b-101
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assist: means to act, or offer or agree to act, in such a way as to help, represent, aid, advise, furnish information to, or otherwise provide assistance to a person or business entity, believing that such action is of help, aid, advice, or assistance to such person or business entity and with the intent to assist such person or business entity. See Utah Code 10-3-1303
• Beneficial activity: includes an activity to:
            (3)(b)(i) promote tourism;
            (3)(b)(ii) sponsor or incentivize a cultural or sports event, festival, conference, or convention;
            (3)(b)(iii) facilitate economic or workforce development for the lodging industry, including workforce recruitment or retention; or
            (3)(b)(iv) promote placemaking, visitor management, or destination enhancement. See Utah Code 11-42b-101
• Benefitted property: means a lodging establishment that directly or indirectly benefits from a beneficial activity. See Utah Code 11-42b-101
• Bid limit: means :
       (1)(a) for a building improvement:

            (1)(a)(i) for the year 2003, $40,000; and

            (1)(a)(ii) for each year after 2003, the amount of the bid limit for the previous year, plus an amount calculated by multiplying the amount of the bid limit for the previous year by the lesser of 3% or the actual percent change in the Consumer Price Index during the previous calendar year; and
       (1)(b) for a public works project:

            (1)(b)(i) for the year 2003, $125,000; and

            (1)(b)(ii) for each year after 2003, the amount of the bid limit for the previous year, plus an amount calculated by multiplying the amount of the bid limit for the previous year by the lesser of 3% or the actual percent change in the Consumer Price Index during the previous calendar year. See Utah Code 11-39-101
• Business entity: means a sole proprietorship, partnership, limited partnership, limited liability company, corporation, or other entity or association used to carry on a business for profit. See Utah Code 11-41-102
• Business entity: means a sole proprietorship, partnership, association, joint venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on a business. See Utah Code 10-3-1303
• 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
• Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
• Compensation: means anything of economic value, however designated, which is paid, loaned, granted, given, donated, or transferred to a person or business entity by anyone other than the governmental employer for or in consideration of personal services, materials, property, or any other thing whatsoever. See Utah Code 10-3-1303
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer Price Index: means the Consumer Price Index for All Urban Consumers as published by the Bureau of Labor Statistics of the United States Department of Labor. See Utah Code 11-39-101
• Continuance: Putting off of a hearing ot trial until a later time.
• 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.
• Council: means the Utah Beef Council created in Section 4-21-103. See Utah Code 4-21-102
• Council-mayor form of government: means the form of municipal government that:
       (1)(a)

            (1)(a)(i) is provided for in Laws of Utah 1977, Chapter 48;

            (1)(a)(ii) may not be adopted without voter approval; and

            (1)(a)(iii) consists of two separate, independent, and equal branches of municipal government; and
       (1)(b) on and after May 5, 2008, is described in Part 2, Council-Mayor Form of Municipal Government. See Utah Code 10-3b-102
• Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
• Department: means the Utah Department of Agriculture and Food created in Section 4-2-102. See Utah Code 4-21-102
• Dependent: A person dependent for support upon another.
• Design-build project: means a building improvement or public works project for which both the design and construction are provided for in a single contract with a contractor or combination of contractors capable of providing design-build services. See Utah Code 11-39-101
• Design-build services: means the engineering, architectural, and other services necessary to formulate and implement a design-build project, including the actual construction of the project. See Utah Code 11-39-101
• Determination of violation: means a determination by the Governor's Office of Economic Opportunity of substantial likelihood that a retail facility incentive payment has been made in violation of Section 11-41-103, in accordance with Section 11-41-104. See Utah Code 11-41-102
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the Criminal Investigation and Technical Services Division of the Department of Public Safety, established in Section 53-10-103. See Utah Code 11-40-101
• Elected officer: means :
       (5)(a) an individual elected or appointed to fill a vacancy in the office of mayor, commissioner, or council member; or
       (5)(b) an individual who is considered to be elected to the office of mayor, commissioner, or council member by a municipal legislative body in accordance with Section 20A-1-206. See Utah Code 10-3-1303
• Emergency repairs: means a building improvement or public works project undertaken on an expedited basis to:
       (6)(a) eliminate an imminent risk of damage to or loss of public or private property;
       (6)(b) remedy a condition that poses an immediate physical danger; or
       (6)(c) reduce a substantial, imminent risk of interruption of an essential public service. See Utah Code 11-39-101
• Environmental mitigation: means an action or activity intended to remedy known negative impacts to the environment. See Utah Code 11-41-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Ex officio: Literally, by virtue of one's office.
• Executive director: means the executive director of the Governor's Office of Economic Opportunity. See Utah Code 11-41-102
• 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.
• 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.
• Five-member council form of government: means the form of municipal government described in Part 4, Five-Member Council Form of Municipal Government. See Utah Code 10-3b-102
• General plan: means the same as that term is defined in Section 23A-6-101. See Utah Code 11-41-102
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing body: means :
       (7)(a) for a county, city, or town, the legislative body of the county, city, or town;
       (7)(b) for a special district, the board of trustees of the special district; and
       (7)(c) for a special service district:

            (7)(c)(i) the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or

            (7)(c)(ii) the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301. See Utah Code 11-39-101
• Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
• Guest: means an individual for whom a lodging establishment provides lodging accommodations for compensation. See Utah Code 11-42b-101
• 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}
• Joint resolution: A legislative measure which requires the approval of both chambers.
• 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
• 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}
• 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
• Local entity: means a county, city, town, special district, or special service district. See Utah Code 11-39-101
• Lodging establishment: means the same as that term is defined in Section 29-2-102. See Utah Code 11-42b-101
• Lowest responsive responsible bidder: means a prime contractor who:
       (9)(a) has submitted a bid in compliance with the invitation to bid and within the requirements of the plans and specifications for the building improvement or public works project;
       (9)(b) is the lowest bidder that satisfies the local entity's criteria relating to financial strength, past performance, integrity, reliability, and other factors that the local entity uses to assess the ability of a bidder to perform fully and in good faith the contract requirements;
       (9)(c) has furnished a bid bond or equivalent in money as a condition to the award of a prime contract; and
       (9)(d) furnishes a payment and performance bond as required by law. See Utah Code 11-39-101
• Marketing agency: means a person who acts as an agent of the seller in the sale of cattle in that the person issues payment to the seller and is entitled to a commission based upon the sale. See Utah Code 4-21-102
• Mixed-use development: means development with mixed land uses, including housing. See Utah Code 11-41-102
• Moderate income housing plan: means the moderate income housing plan element of a general plan. See Utah Code 11-41-102
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Municipal: means of or relating to a municipality. See Utah Code 10-1-104
• Municipal employee: means an individual who is employed on a full or part-time basis by a municipality or by a community reinvestment agency under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act. See Utah Code 10-3-1303
• Municipality: means a city or town. See Utah Code 11-42b-101
• 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.
• Office: means the Governor's Office of Economic Opportunity. See Utah Code 11-41-102
• Officer: means an appointed officer or an elected officer. See Utah Code 10-3-1303
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means the owner of a benefitted property, or the authorized agent or employee of the owner. See Utah Code 11-42b-101
• 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 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
• Person seeking access: means a person who seeks access to a public water utility's public water system or publicly owned treatment works and who, after obtaining access, would, in the judgment of the public water utility, be in a position to affect the safety or security of the publicly owned treatment works or public water system or to affect the safety or well-being of patrons of the public water utility. See Utah Code 11-40-101
• Political subdivision: means any county, city, town, school district, special district, special service district, community reinvestment agency, or entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 11-41-102
• 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
• Procurement code: means the provisions of Title 63G, Chapter 6a, Utah Procurement Code. See Utah Code 11-39-101
• 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
• products of agriculture: means any product useful to the human species that results from the application of the science and art of the production of plants, minerals, and animals. See Utah Code 4-8-103
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public entity: means :
       (11)(a) a political subdivision;
       (11)(b) a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the executive branch of the state;
       (11)(c) a higher education institution as defined in Section 53B-1-201;
       (11)(d) the Military Installation Development Authority created in Section 63H-1-201;
       (11)(e) the Utah Inland Port Authority created in Section 11-58-201; or
       (11)(f) the Point of the Mountain State Land Authority created in Section 11-59-201. See Utah Code 11-41-102
• Public funds: means any money received by a public entity that is derived from:
       (12)(a) a sales and use tax authorized under Title 59, Chapter 12, Sales and Use Tax Act; or
       (12)(b) a property tax levy. See Utah Code 11-41-102
• Public infrastructure: means :
       (13)(a) a public facility as defined in Section 11-36a-102; or
       (13)(b) public infrastructure included as part of an infrastructure master plan related to a general plan. See Utah Code 11-41-102
• Public water utility: means a county, city, town, special district under Title 17B, Chapter 1, Provisions Applicable to All Special Districts, special service district under Title 17D, Chapter 1, Special Service District Act, or other political subdivision of the state that operates publicly owned treatment works or a public water system. See Utah Code 11-40-101
• Purchaser: means a person who buys cattle. See Utah Code 4-21-102
• Qualified number of owners: means a number of owners of benefitted properties that represents 60% or more of the total assessment amount levied against all benefitted properties within a proposed or existing assessment area, provided that if an owner of one or more benefitted properties represents 40% or more of the total assessment amount levied against all benefitted properties within a proposed or existing assessment area, no more than 40% of the total assessment amount shall be attributed to that owner. See Utah Code 11-42b-101
• Retail facility: means any facility operated by a business entity for the primary purpose of making retail transactions. See Utah Code 11-41-102
• Retail facility incentive payment: means a payment of public funds:
            (15)(a)(i) to a person by a public entity;
            (15)(a)(ii) for the development, construction, renovation, or operation of a retail facility within an area of the state; and
            (15)(a)(iii) in the form of:

                 (15)(a)(iii)(A) a payment;

                 (15)(a)(iii)(B) a rebate;

                 (15)(a)(iii)(C) a refund;

                 (15)(a)(iii)(D) a subsidy; or

                 (15)(a)(iii)(E) any other similar incentive, award, or offset. See Utah Code 11-41-102
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Six-member council form of government: means the form of municipal government described in Part 3, Six-Member Council Form of Municipal Government. See Utah Code 10-3b-102
• Small business: means a business entity that:
            (17)(a)(i) has fewer than 30 full-time equivalent employees; and
            (17)(a)(ii) maintains the business entity's principal office in the state. See Utah Code 11-41-102
• Special district: means the same as that term is defined in Section 17B-1-102. See Utah Code 11-39-101
• Specified county: means a county of the first or second class. See Utah Code 11-42b-101
• 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
• Statute: A law passed by a legislature.
• Substantial interest: means the ownership, either legally or equitably, by an individual, the individual's spouse, or the individual's minor children, of at least 10% of the outstanding shares of a corporation or 10% interest in any other business entity. See Utah Code 10-3-1303
• Summons: Another word for subpoena used by the criminal justice system.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third party administrator: means a private nonprofit organization, primarily engaged in destination marketing and promotion, that enters into a contract with a specified county to provide beneficial activities within an assessment area in accordance with the management plan. See Utah Code 11-42b-101
• 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
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• 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