Utah Code > Title 4 > Chapter 12 – Utah Commercial Feed Act


§ 4-12-101	Title
§ 4-12-102	Definitions
§ 4-12-103	Department authorized to make and enforce rules — Cooperation with state and federal agencies authorized
§ 4-12-104	Distribution of commercial and customer-formula feed — Registration or license required — Application — Fees — Expiration — Renewal
§ 4-12-105	Labeling requirements for commercial and customer-formula feed specified
§ 4-12-105.5	Labeling and registration requirements for home-produced pet treats specified
§ 4-12-106	Enforcement — Inspection and samples authorized — Methods for sampling and analysis prescribed — Results to be forwarded to registrant or licensee — Warrants
§ 4-12-107	Suspension or revocation authorized — Refusal to register or issue license authorized — Grounds — Stop sale, use, or removal order authorized — Court action — Procedure — Costs
§ 4-12-108	Unlawful acts specified

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Terms Used In Utah Code > Title 4 > Chapter 12 - Utah Commercial Feed Act

Additional project capacity: means electric generating capacity provided by a generating unit that first produces electricity on or after May 6, 2002, and that is constructed or installed at or adjacent to the site of a project that first produced electricity before May 6, 2002, regardless of whether:
(1)(a)(i) the owners of the new generating unit are the same as or different from the owner of the project; and
(1)(a)(ii) the purchasers of electricity from the new generating unit are the same as or different from the purchasers of electricity from the project. See Utah Code 11-13-103
Adjudicative proceeding: means :
(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
Adjusted retail electric sales: means the total kilowatt-hours of retail electric sales of a municipal electric utility to customers in this state in a calendar year, reduced by:
     (1)(a) the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from qualifying zero carbon emissions generation and qualifying carbon sequestration generation;
     (1)(b) the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from generation located within the geographic boundary of the Western Electricity Coordinating Council that derives its energy from one or more of the following but that does not satisfy the definition of a clean energy source or that otherwise has not been used to satisfy Subsection 10-19-201(1):
          (1)(b)(i) wind energy;
          (1)(b)(ii) solar photovoltaic and solar thermal energy;
          (1)(b)(iii) wave, tidal, and ocean thermal energy;
          (1)(b)(iv) except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including:
               (1)(b)(iv)(A) organic waste;
               (1)(b)(iv)(B) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;
               (1)(b)(iv)(C) agricultural residues;
               (1)(b)(iv)(D) dedicated energy crops; and
               (1)(b)(iv)(E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste;
          (1)(b)(v) geothermal energy;
          (1)(b)(vi) hydro-electric energy; or
          (1)(b)(vii) waste gas and waste heat capture or recovery; and
     (1)(c) the number of kilowatt-hours attributable to reductions in retail sales in that calendar year from activities or programs promoting electric energy efficiency or conservation or more efficient management of electric energy load. See Utah Code 10-19-102
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Adversely affected party: means a person other than a land use applicant who:
(2)(a) owns real property adjoining the property that is the subject of a land use application or land use decision; or
(2)(b) will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision. See Utah Code 10-9a-103
Advertisement: means material offering for sale, or advertising the availability or quality of, any property, good, or service. See Utah Code 13-25a-102
Affected entity: means a county, municipality, special district, special service district under Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility, property owner, property owners association, or the Department of Transportation, if:
     (3)(a) the entity's services or facilities are likely to require expansion or significant modification because of an intended use of land;
     (3)(b) the entity has filed with the municipality a copy of the entity's general or long-range plan; or
     (3)(c) the entity has filed with the municipality a request for notice during the same calendar year and before the municipality provides notice to an affected entity in compliance with a requirement imposed under this chapter. See Utah Code 10-9a-103
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.
Affiliated person: means a seller or a seller's contractor, director, employee, officer, owner, or partner. See Utah Code 13-26-2
Affordable housing: means housing offered for sale at 80% or less of the median county home price for housing of that type. See Utah Code 10-9a-1001
Agency: means the same as that term is defined in Section 17C-1-102. See Utah Code 10-9a-1001
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Animal remedy: means a remedy that:
(2)(a)(i) is not used for food or cosmetic purposes; and
(2)(a)(ii) is prepared or compounded for animal use. See Utah Code 4-12-102
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.
Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 10-9a-103
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
Arrest: Taking physical custody of a person by lawful authority.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Automated telephone dialing system: means equipment used to:
          (2)(a)(i) store or produce telephone numbers;
          (2)(a)(ii) call a stored or produced number; and
          (2)(a)(iii) connect the number called with a recorded message or artificial voice. See Utah Code 13-25a-102
Banked renewable energy certificate: means a bundled or unbundled renewable energy certificate that is:
(3)(a) not used in a calendar year to comply with this part or with a renewable energy program in another state; and
(3)(b) carried forward into a subsequent year. See Utah Code 10-19-102
Base taxable value: means a property's taxable value as shown upon the assessment roll last equalized during the base year. See Utah Code 10-9a-1001
Base year: means , for a proposed home ownership promotion zone area, a year beginning the first day of the calendar quarter determined by the last equalized tax roll before the adoption of the home ownership promotion zone. See Utah Code 10-9a-1001
Board: means the Permanent Community Impact Fund Board created by Section 35A-8-304, and its successors. See Utah Code 11-13-103
Brand name: means one or more words, names, symbols, or devices that:
(3)(a) identify a distributor or registrant's commercial feed; and
(3)(b) distinguish the distributor or registrant's commercial feed from the commercial feed of others. See Utah Code 4-12-102
Business enterprise: means a sole proprietorship, partnership, association, joint venture, corporation, limited liability company, or other entity used in carrying on a business. See Utah Code 13-23-2
Buyer: means an individual who is solicited to purchase or who purchases the services of a credit services organization. See Utah Code 13-21-2
Cable television service: means :
     (1)(a) the one-way transmission to subscribers of:
          (1)(a)(i) video programming; or
          (1)(a)(ii) other programming service; and
     (1)(b) subscriber interaction, if any, that is required for the selection or use of:
          (1)(b)(i) the video programming; or
          (1)(b)(ii) other programming service. See Utah Code 10-18-102
Capital costs: means all costs of providing a service that are capitalized in accordance with generally accepted accounting principles. See Utah Code 10-18-102
Chapter: means a chapter, branch, area, office, or similar affiliate of a charitable organization. See Utah Code 13-22-2
Charitable organization: includes a chapter or a person who solicits contributions within the state for a charitable organization. See Utah Code 13-22-2
Charitable purpose: means any benevolent, educational, philanthropic, humane, patriotic, religious, eleemosynary, social welfare or advocacy, public health, environmental, conservation, civic, or other charitable objective or for the benefit of a public safety, law enforcement, or firefighter fraternal association. See Utah Code 13-22-2
Charitable sales promotion: means an advertising or sales campaign, conducted by a commercial co-venturer, which represents that the purchase or use of goods or services offered by the commercial co-venturer will benefit, in whole or in part, a charitable organization or purpose. See Utah Code 13-22-2
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
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 source: means :
     (5)(a) an electric generation facility or generation capability or upgrade that becomes operational on or after January 1, 1995, that derives energy from one or more of the following:
          (5)(a)(i) wind energy;
          (5)(a)(ii) solar photovoltaic and solar thermal energy;
          (5)(a)(iii) wave, tidal, and ocean thermal energy;
          (5)(a)(iv) except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including:
               (5)(a)(iv)(A) organic waste;
               (5)(a)(iv)(B) forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;
               (5)(a)(iv)(C) agricultural residues;
               (5)(a)(iv)(D) dedicated energy crops; and
               (5)(a)(iv)(E) landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste;
          (5)(a)(v) geothermal energy located outside the state;
          (5)(a)(vi) waste gas and waste heat capture or recovery, including methane gas from:
               (5)(a)(vi)(A) an abandoned coal mine; or
               (5)(a)(vi)(B) a coal degassing operation associated with a state-approved mine permit;
          (5)(a)(vii) efficiency upgrades to a hydroelectric facility, without regard to the date upon which the facility became operational, if the upgrades become operational on or after January 1, 1995;
          (5)(a)(viii) a compressed air energy storage process, if:
               (5)(a)(viii)(A) the process used to compress the air is a renewable energy source and the associated renewable energy certificates are retired for the purpose of the compressed air energy storage process; or
               (5)(a)(viii)(B) equivalent renewable energy certificates are obtained and retired for the purpose of the compressed air energy storage process;
          (5)(a)(ix) municipal solid waste;
          (5)(a)(x) nuclear fuel; or
          (5)(a)(xi) carbon capture utilization and sequestration;
     (5)(b) any of the following:
          (5)(b)(i) up to 50 average megawatts of electricity per year per municipal electric utility from a certified low-impact hydroelectric facility, without regard to the date upon which the facility becomes operational, if the facility is certified as a low-impact hydroelectric facility on or after January 1, 1995, by a national certification organization;
          (5)(b)(ii) geothermal energy if located within the state, without regard to the date upon which the facility becomes operational; and
          (5)(b)(iii) hydroelectric energy if located within the state, without regard to the date upon which the facility becomes operational;
     (5)(c) hydrogen gas derived from any source of energy described in Subsection (5)(a) or (b);
     (5)(d) if an electric generation facility employs multiple energy sources, that portion of the electricity generated that is attributable to energy sources described in Subsections (5)(a) through (c); and
     (5)(e) any of the following located in the state and owned by a user of energy:
          (5)(e)(i) a demand side management measure, as defined by Subsection Utah Code 10-19-102
Commercial co-venturer: means a person who for profit is regularly and primarily engaged in trade or commerce other than in connection with soliciting for a charitable organization or purpose. See Utah Code 13-22-2
Commercial feed: means all materials that are distributed for use as feed or for mixing in feed. See Utah Code 4-12-102
Commission: means the Public Service Commission. See Utah Code 10-19-102
Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Constitutional taking: means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by the:
(9)(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or
(9)(b) Utah Constitution Article I, § 22. See Utah Code 10-9a-103
Consumer: means an individual who enters into an agreement or contract for the transfer, lease, purchase of a new motor vehicle other than for purposes of resale, or sublease during the duration of the period defined under Section 13-20-5. See Utah Code 13-20-2
Consumer: means a purchaser of health spa services for consideration. See Utah Code 13-23-2
Contiguous: means :
(2)(a) if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and
(2)(b) if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104
Continuity plan: means a shipment, with the prior express consent of the buyer, at regular intervals of similar special-interest products, in which there is no binding commitment period or purchase amount. See Utah Code 13-26-2
Contract: A legal written agreement that becomes binding when signed.
Contract feeder: means a person who:
     (5)(a) is an independent contractor; and
     (5)(b) in accordance with the terms of a contract:
          (5)(b)(i) is provided commercial feed;
          (5)(b)(ii) feeds the commercial feed to an animal; and
          (5)(b)(iii) receives remuneration that is calculated in whole or in part by feed consumption, mortality, profit, product amount, or product quality. See Utah Code 4-12-102
Contribution: means the pledge or grant for a charitable purpose of any money or property of any kind, including any of the following:
          (7)(a)(i) a gift, subscription, loan, advance, or deposit of money or anything of value;
          (7)(a)(ii) a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make a contribution for charitable purposes; or
          (7)(a)(iii) fees, dues, or assessments paid by members, when membership is conferred solely as consideration for making a contribution. See Utah Code 13-22-2
Contributor: means a donor, pledgor, purchaser, or other person who makes a contribution. See Utah Code 13-22-2
Conviction: A judgement of guilt against a criminal defendant.
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
Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
Credit reporting agency: means a person who, for a monetary fee, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third persons. See Utah Code 13-21-2
Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. ^{Source: OCC}
Credit services organization: means a person who represents that the person or an employee is a debt professional or credit counselor, or, with respect to the extension of credit by others, sells, provides, or performs, or represents that the person can or will sell, provide, or perform, in return for the payment of money or other valuable consideration any of the following services:
          (3)(a)(i) improving a buyer's credit record, history, or rating;
          (3)(a)(ii) providing advice, assistance, instruction, or instructional materials to a buyer with regard to Subsection (3)(a)(i); or
          (3)(a)(iii) debt reduction or debt management plans. See Utah Code 13-21-2
Critical infrastructure materials: means sand, gravel, or rock aggregate. See Utah Code 10-9a-901
Critical infrastructure materials operations: means the extraction, excavation, processing, or reprocessing of critical infrastructure materials. See Utah Code 10-9a-901
Critical infrastructure materials operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that:
(3)(a) owns, controls, or manages a critical infrastructure materials operations; and
(3)(b) has produced commercial quantities of critical infrastructure materials from the critical infrastructure materials operations. See Utah Code 10-9a-901
Cross subsidize: means to pay a cost included in the direct costs or indirect costs of providing a service that is not accounted for in the full cost of accounting of providing the service. See Utah Code 10-18-102
Culinary water authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property. See Utah Code 10-9a-103
Customer-formula feed: means commercial feed that consists of a mixture of commercial feeds or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser. See Utah Code 4-12-102
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.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
Dependent: A person dependent for support upon another.
Development activity: means :
     (11)(a) any construction or expansion of a building, structure, or use that creates additional demand and need for public facilities;
     (11)(b) any change in use of a building or structure that creates additional demand and need for public facilities; or
     (11)(c) any change in the use of land that creates additional demand and need for public facilities. See Utah Code 10-9a-103
Development agreement: means a written agreement or amendment to a written agreement between a municipality and one or more parties that regulates or controls the use or development of a specific area of land. See Utah Code 10-9a-103
Direct costs: means those expenses of a municipality that:
     (4)(a) are directly attributable to providing:
          (4)(a)(i) a cable television service; or
          (4)(a)(ii) a public telecommunications service; and
     (4)(b) would be eliminated if the service described in Subsection (4)(a) were not provided by the municipality. See Utah Code 10-18-102
Director: means the director of the Division of Consumer Protection. See Utah Code 13-22-2
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Distribute: means to:
(7)(a) offer for sale, sell, exchange, or barter commercial feed; or
(7)(b) supply, furnish, or otherwise provide commercial feed to a contract feeder. See Utah Code 4-12-102
Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-22-2
Division: means the Division of Consumer Protection. See Utah Code 13-23-2
Division: means the Division of Consumer Protection. See Utah Code 13-25a-102
Division: means the Division of Consumer Protection. See Utah Code 13-26-2
Docket: A log containing brief entries of court proceedings.
Donor: The person who makes a gift.
Drug: means any article intended:
(8)(a) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans; and
(8)(b) to affect the structure or any function of the animal body, unless the article is feed. See Utah Code 4-12-102
Electric interlocal entity: means an interlocal entity described in Subsection 11-13-203(3). See Utah Code 11-13-103
Energy services interlocal entity: means an interlocal entity that is described in Subsection 11-13-203(4). See Utah Code 11-13-103
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
Established business relationship: includes a relationship with an affiliate as defined in Section 16-10a-102. See Utah Code 13-25a-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.
Exempt function: includes making an expenditure relating to an office described in Subsection (11)(a) which, if incurred by the individual, would be allowable as a deduction under section 162(a) of 26 I. See Utah Code 13-22-2
Extension of credit: means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes. See Utah Code 13-21-2
Facilities providing replacement project capacity: includes facilities that have been, are being, or are proposed to be constructed, reconstructed, converted, repowered, acquired, leased, used, or installed:
(9)(b)(i) to support and facilitate the construction, reconstruction, conversion, repowering, installation, financing, operation, management, or use of replacement project capacity; or
(9)(b)(ii) for the distribution of power generated from existing capacity or replacement project capacity to facilities located on real property in which the project entity that owns the project has an ownership, leasehold, right-of-way, or permitted interest. See Utah Code 11-13-103
Facsimile machine: means equipment used for:
(5)(a) scanning or encoding text or images for conversion into electronic signals for transmission; or
(5)(b) receiving electronic signals and reproducing them as a duplicate of the original text or image. See Utah Code 13-25a-102
Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
Feasibility consultant: means an individual or entity with expertise in the processes and economics of providing:
(5)(a) cable television service; and
(5)(b) public telecommunications service. See Utah Code 10-18-102
Feed ingredient: means each constituent material in a commercial feed. See Utah Code 4-12-102
Fictitious personal name: means a name other than an individual's legal name. See Utah Code 13-26-2
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.
Foreign nonprofit corporation: means the same as that term is defined in Section 16-6a-102. See Utah Code 13-22-2
Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
Fraud: Intentional deception resulting in injury to another.
Full-cost accounting: means the accounting of all costs incurred by a municipality in providing:
(6)(a)(i) a cable television service; or
(6)(a)(ii) a public telecommunications service. See Utah Code 10-18-102
General plan: means a document that a municipality adopts that sets forth general guidelines for proposed future development of the land within the municipality. See Utah Code 10-9a-103
Geologic hazard: means :
     (18)(a) a surface fault rupture;
     (18)(b) shallow groundwater;
     (18)(c) liquefaction;
     (18)(d) a landslide;
     (18)(e) a debris flow;
     (18)(f) unstable soil;
     (18)(g) a rock fall; or
     (18)(h) any other geologic condition that presents a risk:
          (18)(h)(i) to life;
          (18)(h)(ii) of substantial loss of real property; or
          (18)(h)(iii) of substantial damage to real property. See Utah Code 10-9a-103
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Governing authority: means a governing board or joint administrator. See Utah Code 11-13-103
Governing board: includes a board of directors described in an agreement, as amended, that creates a project entity. See Utah Code 11-13-103
Health spa: means a business enterprise that provides access to a facility:
(4)(a)(i) for a charge or a fee; and
(4)(a)(ii) for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2
Health spa facility: means a facility to which a business entity provides access:
(5)(a) for a charge or a fee; and
(5)(b) for the development or preservation of physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2
Health spa service: includes a personal training service. See Utah Code 13-23-2
Historic preservation authority: means a person, board, commission, or other body designated by a legislative body to:
(19)(a) recommend land use regulations to preserve local historic districts or areas; and
(19)(b) administer local historic preservation land use regulations within a local historic district or area. See Utah Code 10-9a-103
Home ownership promotion zone: means a home ownership promotion zone created pursuant to this part. See Utah Code 10-9a-1001
Home-produced: means a pet treat produced in a private home kitchen in the state. See Utah Code 4-12-102
Improper means: includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. See Utah Code 13-24-2
Improvement completion assurance: means a surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a municipality to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to:
(24)(a) recording a subdivision plat; or
(24)(b) development of a commercial, industrial, mixed use, or multifamily project. See Utah Code 10-9a-103
Improvement warranty: means an applicant's unconditional warranty that the applicant's installed and accepted landscaping or infrastructure improvement:
(25)(a) complies with the municipality's written standards for design, materials, and workmanship; and
(25)(b) will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period. See Utah Code 10-9a-103
Improvement warranty period: means a period:
     (26)(a) no later than one year after a municipality's acceptance of required landscaping; or
     (26)(b) no later than one year after a municipality's acceptance of required infrastructure, unless the municipality:
          (26)(b)(i) determines for good cause that a one-year period would be inadequate to protect the public health, safety, and welfare; and
          (26)(b)(ii) has substantial evidence, on record:
               (26)(b)(ii)(A) of prior poor performance by the applicant; or
               (26)(b)(ii)(B) that the area upon which the infrastructure will be constructed contains suspect soil and the municipality has not otherwise required the applicant to mitigate the suspect soil. See Utah Code 10-9a-103
Indirect costs: means any costs:
(7)(a)(i) identified with two or more services or other functions; and
(7)(a)(ii) that are not directly identified with a single service or function. See Utah Code 10-18-102
Infrastructure improvement: means permanent infrastructure that is essential for the public health and safety or that:
     (27)(a) is required for human occupation; and
     (27)(b) an applicant must install:
          (27)(b)(i) in accordance with published installation and inspection specifications for public improvements; and
          (27)(b)(ii) whether the improvement is public or private, as a condition of:
               (27)(b)(ii)(A) recording a subdivision plat;
               (27)(b)(ii)(B) obtaining a building permit; or
               (27)(b)(ii)(C) development of a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 10-9a-103
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
Interlocal entity: means :
(12)(a) a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal entity; or
(12)(b) a separate legal or administrative entity created under Section 11-13-205. See Utah Code 11-13-103
Internal lot restriction: means a platted note, platted demarcation, or platted designation that:
     (28)(a) runs with the land; and
     (28)(b)
          (28)(b)(i) creates a restriction that is enclosed within the perimeter of a lot described on the plat; or
          (28)(b)(ii) designates a development condition that is enclosed within the perimeter of a lot described on the plat. See Utah Code 10-9a-103
Joint administrator: means an administrator or joint board described in Section 11-13-207 to administer a joint or cooperative undertaking. See Utah Code 11-13-103
Joint or cooperative undertaking: means an undertaking described in Section 11-13-207 that is not conducted by an interlocal entity. See Utah Code 11-13-103
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.
Label: means any written, printed, or graphic matter upon or accompanying a commercial feed. See Utah Code 4-12-102
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
Land use applicant: means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. See Utah Code 10-9a-103
Land use authority: means :
(31)(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
(31)(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 10-9a-103
Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
(32)(a) a land use permit; or
(32)(b) a land use application. See Utah Code 10-9a-103
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}
Legislative body: means the municipal council. See Utah Code 10-9a-103
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
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
Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 10-9a-103
Lot line adjustment: means a relocation of a lot line boundary between adjoining lots or between a lot and adjoining parcels in accordance with Section 10-9a-608:
(38)(a)(i) whether or not the lots are located in the same subdivision; and
(38)(a)(ii) with the consent of the owners of record. See Utah Code 10-9a-103
Manufacture: means to grind, mix, blend, or otherwise process a commercial feed for distribution. See Utah Code 4-12-102
Manufacturer: means manufacturer, importer, distributor, or anyone who is named as the warrantor on an express written warranty on a motor vehicle. See Utah Code 13-20-2
Material fact: means information that a person of ordinary intelligence and prudence would consider relevant in deciding whether or not to make a contribution in response to a charitable solicitation. See Utah Code 13-22-2
material fact: means information that a person of ordinary intelligence or prudence would consider important in deciding whether to accept an offer extended through a telephone solicitation. See Utah Code 13-26-2
Member: means a public agency that, with another public agency, creates an interlocal entity under Section 11-13-203. See Utah Code 11-13-103
Misappropriation: means :
     (2)(a) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
     (2)(b) disclosure or use of a trade secret of another without express or implied consent by a person who:
          (2)(b)(i) used improper means to acquire knowledge of the trade secret; or
          (2)(b)(ii) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:
               (2)(b)(ii)(A) derived from or through a person who had utilized improper means to acquire it;
               (2)(b)(ii)(B) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
               (2)(b)(ii)(C) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
          (2)(b)(iii) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake. See Utah Code 13-24-2
Misbranded: includes commercial feed that is distributed under the name of another commercial feed. See Utah Code 4-12-102
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Motor home: means a self-propelled vehicular unit, primarily designed as a temporary dwelling for travel, recreational, and vacation use. See Utah Code 13-20-2
Motor vehicle: includes :
          (4)(a)(i) a motor home, as defined in this section, but only the self-propelled vehicle and chassis sold in this state;
          (4)(a)(ii) a motor vehicle, as defined in Section 41-1a-102, sold in this state; and
          (4)(a)(iii) a motorcycle, as defined in Section 41-1a-102, sold in this state if the motorcycle is designed primarily for use and operation on paved highways. See Utah Code 13-20-2
Municipal: means of or relating to a municipality. See Utah Code 10-1-104
Municipal electric utility: means any municipality that owns, operates, controls, or manages a facility that provides electric power for a retail customer, whether domestic, commercial, industrial, or otherwise. See Utah Code 10-19-102
Municipal utility easement: means an easement that:
     (42)(a) is created or depicted on a plat recorded in a county recorder's office and is described as a municipal utility easement granted for public use;
     (42)(b) is not a protected utility easement or a public utility easement as defined in Section 54-3-27;
     (42)(c) the municipality or the municipality's affiliated governmental entity uses and occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm water, or communications or data lines;
     (42)(d) is used or occupied with the consent of the municipality in accordance with an authorized franchise or other agreement;
     (42)(e)
          (42)(e)(i) is used or occupied by a specified public utility in accordance with an authorized franchise or other agreement; and
          (42)(e)(ii) is located in a utility easement granted for public use; or
     (42)(f) is described in Section 10-9a-529 and is used by a specified public utility. See Utah Code 10-9a-103
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
National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
Negative response: means a statement from a person stating the person does not wish to listen to the sales presentation or participate in the solicitation presented in the telephone call. See Utah Code 13-25a-102
Nonconforming use: means a use of land that:
     (45)(a) legally existed before its current land use designation;
     (45)(b) has been maintained continuously since the time the land use ordinance governing the land changed; and
     (45)(c) because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land. See Utah Code 10-9a-103
Nonprofit corporation: means the same as that term is defined in Section 16-6a-102. See Utah Code 13-22-2
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.
Official sample: means a sample of commercial feed taken by the department in accordance with this chapter and designated as "official. See Utah Code 4-12-102
On-call emergency provider: means an individual who is required by an employer to be on call to respond to a medical emergency. See Utah Code 13-25a-102
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
organization: means any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity:
          (2)(a)(i) who is or holds itself out to be:
               (2)(a)(i)(A) a benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary, social welfare or advocacy, public health, environmental or conservation, or civic organization;
               (2)(a)(i)(B) for the benefit of a public safety, law enforcement, or firefighter fraternal association; or
               (2)(a)(i)(C) established for any charitable purpose;
          (2)(a)(ii) who solicits or obtains contributions solicited from the public for a charitable purpose; or
          (2)(a)(iii) in any manner employs a charitable appeal as the basis of any solicitation or employs an appeal that reasonably suggests or implies that there is a charitable purpose to any solicitation. See Utah Code 13-22-2
Out-of-state public agency: means a public agency as defined in Subsection (19)(c), (d), or (e). See Utah Code 11-13-103
Oversight: Committee review of the activities of a Federal agency or program.
Parcel: means any real property that is not a lot. See Utah Code 10-9a-103
Participant: means a person seeking to register or renew a registration as a seller including:
     (6)(a) a seller;
     (6)(b) an owner;
     (6)(c) an officer;
     (6)(d) a director;
     (6)(e) a member or manager of a limited liability company;
     (6)(f) a principal;
     (6)(g) a trustee;
     (6)(h) a general or limited partner;
     (6)(i) a sole proprietor; or
     (6)(j) an individual with a controlling interest in an entity. See Utah Code 13-26-2
Participant: means the same as that term is defined in Section 17C-1-102. See Utah Code 10-9a-1001
Participation agreement: means the same as that term is defined in Section 17C-1-102. See Utah Code 10-9a-1001
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.
percentage: means percentage by weight. See Utah Code 4-12-102
Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
Person: means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. See Utah Code 13-24-2
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103
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
Personal property: All property that is not real property.
Personal property: includes :
     (25)(a) money;
     (25)(b) goods;
     (25)(c) chattels;
     (25)(d) effects;
     (25)(e) evidences of a right in action;
     (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
     (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
Personal training service: means the personalized instruction, training, supervision, or monitoring of an individual's physical fitness or well-being, through exercise, weight control, or athletics. See Utah Code 13-23-2
Pet: means a domesticated dog or cat. See Utah Code 4-12-102
Pet treat: means commercial feed intended for pets that:
(19)(a) is not intended to provide complete and balanced nutrition; and
(19)(b) is fed intermittently for training, reward, enjoyment, or other purposes. See Utah Code 4-12-102
Pharmaceutical: means a product prescribed for the treatment or prevention of disease for veterinary purposes, including:
     (20)(a) a vaccine;
     (20)(b) a synthetic or natural hormone;
     (20)(c) an anesthetic;
     (20)(d) a stimulant; or
     (20)(e) a depressant. See Utah Code 4-12-102
Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 10-9a-603 or 57-8-13. See Utah Code 10-9a-103
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Political organization: means an incorporated or unincorporated party, committee, association, fund, or other organization organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures for an exempt function. See Utah Code 13-22-2
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Premium: means a gift, bonus, prize, award, certificate, or other document by which a prospective purchaser is given a right, chance, or privilege to purchase or receive goods or services with a stated or represented value of $25 or more as an inducement to a prospective purchaser to purchase other goods or services. See Utah Code 13-26-2
Primary location: means the health spa facility that a health spa designates in a contract for health spa services as the health spa facility the consumer in the contract will primarily use for health spa services. See Utah Code 13-23-2
Private provider: means a person that:
     (8)(a) provides:
          (8)(a)(i) cable television services; or
          (8)(a)(ii) public telecommunications services; and
     (8)(b) is a private entity. See Utah Code 10-18-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Product name: means the name of the commercial feed that:
(21)(a) identifies the kind, class, or specific use of the commercial feed; and
(21)(b) distinguishes the commercial feed from all other products bearing the same brand name. See Utah Code 4-12-102
Professional fund raiser: means a person who:
          (16)(a)(i) for compensation or any other consideration, for or on behalf of a charitable organization that is a nonprofit corporation, or any other person that is not a political organization:
               (16)(a)(i)(A) solicits contributions; or
               (16)(a)(i)(B) promotes or sponsors the solicitation of contributions;
          (16)(a)(ii)
               (16)(a)(ii)(A) for compensation or any other consideration, plans, manages, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organizationthat is a nonprofit corporation, or any other person that is not a political organization; and
               (16)(a)(ii)(B) at any time has custody of a contribution for the charitable organization;
          (16)(a)(iii) engages in, or represents being independently engaged in, the business of soliciting contributions for a charitable organization that is a nonprofit corporation;
          (16)(a)(iv) manages, supervises, or trains any solicitor whether as an employee or otherwise; or
          (16)(a)(v) uses a vending device or vending device decal for financial or other consideration that implies a solicitation of contributions or donations for any charitable organization or charitable purposes. See Utah Code 13-22-2
Professional fund raising consultant: means a person who:
          (17)(a)(i) for compensation or any other consideration, plans, manages, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organization that is a nonprofit corporation or any other person that is not a political organization;
          (17)(a)(ii) does not solicit contributions;
          (17)(a)(iii) does not at any time have custody of a contribution from solicitation; and
          (17)(a)(iv) does not employ, procure, or engage any compensated person to solicit or receive contributions. See Utah Code 13-22-2
Project: includes a project entity's ownership interest in:
          (17)(b)(i) facilities that provide additional project capacity;
          (17)(b)(ii) facilities providing replacement project capacity;
          (17)(b)(iii) additional generating, transmission, fuel, fuel transportation, water, or other facilities added to a project; and
          (17)(b)(iv) a Utah interlocal energy hub, as defined in Section 11-13-602. See Utah Code 11-13-103
Project entity: means a Utah interlocal entity or an electric interlocal entity that owns a project as defined in this section. See Utah Code 11-13-103
Property: includes both real and personal property. See Utah Code 68-3-12.5
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Public agency: means :
     (19)(a) a city, town, county, school district, special district, special service district, an interlocal entity, or other political subdivision of the state;
     (19)(b) the state or any department, division, or agency of the state;
     (19)(c) any agency of the United States;
     (19)(d) any political subdivision or agency of another state or the District of Columbia including any interlocal cooperation or joint powers agency formed under the authority of the law of the other state or the District of Columbia; or
     (19)(e) any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 11-13-103
Public grant: means the same as the term "grant" is defined in Section 63G-6a-103. See Utah Code 13-22-2
Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 10-9a-103
Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 10-9a-103
Public street: means a public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, other public transportation easement, or other public way. See Utah Code 10-9a-103
Public telecommunications service: means the two-way transmission of signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, or other electromagnetic means offered to the public generally. See Utah Code 10-18-102
Public telecommunications service facilities: means a facility described in Subsection 10-18-105(2). See Utah Code 10-18-102
Qualified energy services interlocal entity: means an energy services interlocal entity that at the time that the energy services interlocal entity acquires its interest in facilities providing additional project capacity has at least five members that are Utah public agencies. See Utah Code 11-13-103
Qualifying carbon sequestration generation: means a fossil-fueled generating facility located within the geographic boundary of the Western Electricity Coordinating Council that:
(8)(a) becomes operational or is retrofitted on or after January 1, 2008; and
(8)(b) reduces carbon dioxide emissions into the atmosphere through permanent geological sequestration or through other verifiably permanent reductions in carbon dioxide emissions through the use of technology. See Utah Code 10-19-102
Qualifying electricity: means electricity generated on or after January 1, 1995 from a renewable energy source if:
     (9)(a)
          (9)(a)(i) the clean energy source is located within the geographic boundary of the Western Electricity Coordinating Council; or
          (9)(a)(ii) the qualifying electricity is delivered to the transmission system of a municipal electric utility or a delivery point designated by the municipal electric utility for the purpose of subsequent delivery to the municipal electric utility; and
     (9)(b) the clean energy attributes of the electricity are not traded, sold, transferred, or otherwise used to satisfy another state's renewable energy program. See Utah Code 10-19-102
Quantity statement: means the net weight in mass, liquid measurement, or count. See Utah Code 4-12-102
Quorum: The number of legislators that must be present to do business.
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
Record of survey map: means a map of a survey of land prepared in accordance with Section 10-9a-603, 17-23-17, 17-27a-603, or 57-8-13. See Utah Code 10-9a-103
Recreational vehicle trailer: means a travel trailer, camping trailer, or fifth wheel trailer. See Utah Code 13-20-2
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.
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Remedy: means :
     (23)(a) a drug;
     (23)(b) a combination of drugs;
     (23)(c) a pharmaceutical;
     (23)(d) a proprietary medicine;
     (23)(e) a veterinary biologic; or
     (23)(f) a combination of drugs and other ingredients. See Utah Code 4-12-102
Renewable energy certificate: means a certificate issued in accordance with the requirements of Sections 10-19-202 and 54-17-603. See Utah Code 10-19-102
Replacement project capacity: means electric generating capacity or transmission capacity that:
     (21)(a) replaces all or a portion of the existing electric generating or transmission capacity of a project; and
     (21)(b) is provided by a facility that is on, adjacent to, in proximity to, or interconnected with the site of a project, regardless of whether:
          (21)(b)(i) the capacity replacing existing capacity is less than or exceeds the generating or transmission capacity of the project existing before installation of the capacity replacing existing capacity;
          (21)(b)(ii) the capacity replacing existing capacity is owned by the project entity that is the owner of the project, a segment established by the project entity, or a person with whom the project entity or a segment established by the project entity has contracted; or
          (21)(b)(iii) the facility that provides the capacity replacing existing capacity is constructed, reconstructed, converted, repowered, acquired, leased, used, or installed before or after any actual or anticipated reduction or modification to existing capacity of the project. See Utah Code 11-13-103
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
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
Sanitary sewer authority: means the department, agency, or public entity with responsibility to review and approve the feasibility of sanitary sewer services or onsite wastewater systems. See Utah Code 10-9a-103
Seller: means a person, or a group of persons engaged in a common effort to conduct a telephone solicitation, that:
     (8)(a) on behalf of the person, or the group of persons engaged in a common effort to conduct a telephone solicitation:
          (8)(a)(i) makes a telephone solicitation; or
          (8)(a)(ii) causes a telephone solicitation to be made; or
     (8)(b) through a telephone solicitor:
          (8)(b)(i) makes a telephone solicitation; or
          (8)(b)(ii) causes a telephone solicitation to be made. See Utah Code 13-26-2
Service of process: The service of writs or summonses to the appropriate party.
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
solicitation: includes :
          (5)(b)(i) any of the following done, or purporting to be done, for a charitable purpose:
               (5)(b)(i)(A) any oral or written request, including any request by telephone, radio, television, or other advertising or communications media;
               (5)(b)(i)(B) the distribution, circulation, or posting of any handbill, written advertisement, or publication; or
               (5)(b)(i)(C) an application or other request for a a private grant or, if made by an individual, a public grant; or
          (5)(b)(ii) the sale of, offer or attempt to sell, or request of donations in exchange for any advertisement, membership, subscription, or other article in connection with which any appeal is made for any charitable purpose, or the use of the name of any charitable organization or movement as an inducement or reason for making any purchase donation, or, in connection with any sale or donation, stating or implying that the whole or any part of the proceeds of any sale or donation will go to or be donated to any charitable purpose. See Utah Code 13-22-2
solicitation of sale: means :
          (10)(a)(i) a sale or solicitation of goods or services in which:
               (10)(a)(i)(A)
                    (10)(a)(i)(A)(I) the seller solicits the sale over the telephone;
                    (10)(a)(i)(A)(II) the purchaser's agreement to purchase is made over the telephone; and
                    (10)(a)(i)(A)(III) the purchaser, over the telephone, pays for or agrees to commit to payment for goods or services prior to or upon receipt by the purchaser of the goods or services;
               (10)(a)(i)(B) the seller, not exempt under Section 13-26-4, induces a prospective purchaser over the telephone, to make and keep an appointment that directly results in the purchase of goods or services by the purchaser that would not have occurred without the telephone solicitation and inducement by the seller;
               (10)(a)(i)(C) the seller offers or promises a premium to a prospective purchaser if:
                    (10)(a)(i)(C)(I) the seller induces the prospective purchaser to initiate a telephone contact with the seller; and
                    (10)(a)(i)(C)(II) the resulting solicitation meets the requirements of Subsection (10)(a); or
               (10)(a)(i)(D) the seller solicits a charitable donation involving the exchange of any premium, prize, gift, ticket, subscription, or other benefit in connection with an appeal made for a charitable purpose by an organization that is not otherwise exempt under Subsection 13-26-4(2)(b)(iv); or
          (10)(a)(ii) a telephone solicitation as defined in Section 13-25a-102. See Utah Code 13-26-2
solicitor: means an individual who engages in a telephone solicitation on behalf of a seller. See Utah Code 13-26-2
Specialty pet: means any animal normally maintained in a household for nonproduction purposes, including rodents, ornamental birds, ornamental fish, reptiles, amphibians, ferrets, hedgehogs, marsupials, and rabbits. See Utah Code 4-12-102
State: includes any department, division, or agency of the state. See Utah Code 10-9a-103
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.
Subdivision: includes :
(68)(b)(i) the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
(68)(b)(ii) except as provided in Subsection (68)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 10-9a-103
Subdivision amendment: means an amendment to a recorded subdivision in accordance with Section 10-9a-608 that:
          (69)(a)(i) vacates all or a portion of the subdivision;
          (69)(a)(ii) alters the outside boundary of the subdivision;
          (69)(a)(iii) changes the number of lots within the subdivision;
          (69)(a)(iv) alters a public right-of-way, a public easement, or public infrastructure within the subdivision; or
          (69)(a)(v) alters a common area or other common amenity within the subdivision. See Utah Code 10-9a-103
Subpoena: A command to a witness to appear and give testimony.
Subscribers: means a person that lawfully receives:
(11)(a) cable television services; or
(11)(b) public telecommunications services. See Utah Code 10-18-102
Tax commission: means the State Tax Commission created in Section 59-1-201. See Utah Code 10-9a-1001
Tax increment: means the difference between:
(11)(a)(i) the amount of property tax revenue generated each tax year by a taxing entity from the area within a home ownership promotion zone, using the current assessed value and each taxing entity's current certified tax rate as defined in Section 59-2-924; and
(11)(a)(ii) the amount of property tax revenue that would be generated from that same area using the base taxable value and each taxing entity's current certified tax rate as defined in Section 59-2-924. See Utah Code 10-9a-1001
Taxing entity: means the same as that term is defined in Section 17C-1-102. See Utah Code 10-9a-1001
Telephone solicitation: means the initiation of a telephone call or message for a commercial purpose or to seek a financial donation, including calls:
     (8)(a) encouraging the purchase or rental of, or investment in, property, goods, or services, regardless of whether the transaction involves a nonprofit organization;
     (8)(b) soliciting a sale of or extension of credit for property or services to the person called;
     (8)(c) soliciting information that will be used for:
          (8)(c)(i) the direct solicitation of a sale of property or services to the person called; or
          (8)(c)(ii) an extension of credit to the person called for a sale of property or services;
     (8)(d) soliciting a charitable contribution; or
     (8)(e) encouraging the person called to sell real or personal property. See Utah Code 13-25a-102
Telephone solicitor: means an individual, firm, organization, partnership, association, or corporation who makes or causes to be made an unsolicited telephone call, including calls made by use of an automated telephone dialing system. See Utah Code 13-25a-102
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.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Ton: means a net weight of 2,000 pounds avoirdupois. See Utah Code 4-12-102
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
Trade secret: means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
(4)(a) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
(4)(b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. See Utah Code 13-24-2
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Transportation reinvestment zone: means an area created by two or more public agencies by interlocal agreement to capture increased property or sales tax revenue generated by a transportation infrastructure project as described in Section 11-13-227. See Utah Code 11-13-103
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Trustee: A person or institution holding and administering property in trust.
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Unsolicited telephone call: means a telephone call for a commercial purpose or to seek a financial donation other than a call made:
     (10)(a) in response to an express request of the person called;
     (10)(b) primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call;
     (10)(c) to a person with whom the telephone solicitor has an established business relationship; or
     (10)(d) as required by law for a medical purpose. See Utah Code 13-25a-102
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
Utah public agency: means a public agency under Subsection (19)(a) or (b). See Utah Code 11-13-103
Vending device: includes machines, boxes, jars, wishing wells, barrels, or any other container. See Utah Code 13-22-2
Vending device decal: means any decal, tag, or similar designation material that is attached to a vending device, whether or not used or placed by a charitable organization or professional fund raiser, that would indicate that all or a portion of the proceeds from the purchase of items from the vending device will go to a specific charitable organization. See Utah Code 13-22-2
Vested critical infrastructure materials operations: means critical infrastructure materials operations operating in accordance with a legal nonconforming use or a permit issued by the municipality that existed or was conducted or otherwise engaged in before:
(4)(a) a political subdivision prohibits, restricts, or otherwise limits the critical infrastructure materials operations; and
(4)(b) January 1, 2019. See Utah Code 10-9a-901
Veterinary biologic: means a biologic product used for veterinary purposes, including:
     (27)(a) an antibiotic;
     (27)(b) an antiparasiticide;
     (27)(c) a growth promotant; or
     (27)(d) a bioculture product. See Utah Code 4-12-102
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