Terms Used In Utah Code > Title 4 > Chapter 37 - Aquaculture Act

• Address: includes :
            (1)(b)(i) a post office box number;
            (1)(b)(ii) a rural free delivery route number; and
            (1)(b)(iii) a street name and number. See Utah Code 16-10a-102
• Advertisement: means any representation made relative to seeds, plants, bulbs, or ground stock other than those on the label of a seed container, disseminated in any manner. See Utah Code 4-16-102
• Agricultural seed: includes :
       (2)(a) grass, forage, cereal, oil, fiber, and other kinds of crop seed commonly recognized within this state as agricultural seed;
       (2)(b) lawn seed;
       (2)(c) combinations of the seed described in Subsections (2)(a) and (2)(b); and
       (2)(d) noxious weed seed, if the department determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that a noxious weed seed is being used as agricultural seed. See Utah Code 4-16-102
• 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: means all vertebrate or invertebrate species. See Utah Code 4-14-102
• Appraisal: A determination of property value.
• Aquaculture: means the controlled cultivation of aquatic animals. See Utah Code 4-37-103
• Aquaculture facility: means any tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture. See Utah Code 4-37-103
• Aquatic animal: includes a gamete of any species listed in Subsection (3)(a). See Utah Code 4-37-103
• Articles of incorporation: include :
       (4)(a) amended and restated articles of incorporation;
       (4)(b) articles of merger; and
       (4)(c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authorized shares: means the shares of all classes a domestic or foreign corporation is authorized to issue. See Utah Code 16-10a-102
• Bank: means a person authorized under the laws of this state, another state, or the United States to accept deposits from the public. See Utah Code 7-1-103
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102
• Certified applicator: means an individual who is licensed by the department to apply:
       (5)(a) a restricted use pesticide; or
       (5)(b) a general use pesticide for hire or in exchange for compensation. See Utah Code 4-14-102
• Certifying agency: means :
       (5)(a) an agency authorized under the laws of a state, territory, or possession to officially certify seed and that has standards and procedures approved by the United States Secretary of Agriculture to assure the genetic purity and identity of the seed certified; or
       (5)(b) an agency of a foreign country determined by the United States Secretary of Agriculture to adhere to procedures and standards for seed certification. See Utah Code 4-16-102
• Coated seed: means seed that has been covered by a layer of materials that obscure the original shape and size of the seed resulting in an increase of the weight of the seed. See Utah Code 4-16-102
• Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
• Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
• Complete record: includes seed samples and records of declarations, labels, purchases, sales, conditioning, bulking, treatment, handling, storage, analyses, tests, and examinations. See Utah Code 4-16-102
• Conditioning: means drying, cleaning, scarifying, and other operations that:
       (8)(a) could change the purity or germination of a seed; and
       (8)(b) require a seed lot to be retested to determine the label information. See Utah Code 4-16-102
• Contract: A legal written agreement that becomes binding when signed.
• control: means the power, directly or indirectly, or through or in concert with one or more persons, to:
       (5)(a) direct or exercise a controlling influence over:

            (5)(a)(i) the management or policies of a financial institution; or

            (5)(a)(ii) the election of a majority of the directors or trustees of an institution; or
       (5)(b) vote 25% or more of any class of voting securities of a financial institution. See Utah Code 7-1-103
• controlling interest: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting shares, by contract, or otherwise. See Utah Code 16-10a-102
• Controlling the pollination: means to use a method of hybridization that will produce pure seed that is at least 75% hybrid seed. See Utah Code 4-16-102
• Conviction: A judgement of guilt against a criminal defendant.
• Corporate name: means :
       (10)(a) the name of a domestic corporation or a domestic nonprofit corporation as stated in its articles of incorporation; or
       (10)(b) the name of a foreign corporation or a foreign nonprofit corporation as stated in its articles of incorporation or document of similar import. See Utah Code 16-10a-102
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• 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.
• Deliver: includes delivery by mail or another means of transmission authorized by Section 16-10a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-10a-102
• Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
• Department: means the Department of Financial Institutions. See Utah Code 7-1-103
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Distribute: means to offer for sale, sell, barter, ship, deliver for shipment, receive, deliver, or offer to deliver pesticides in this state. See Utah Code 4-14-102
• Distribution: means the following by a corporation to or for the benefit of its shareholders in respect of any of the corporation's shares:
            (13)(a)(i) a direct or indirect transfer of money or other property, other than a corporation's own shares; or
            (13)(a)(ii) incurrence of indebtedness by the corporation. See Utah Code 16-10a-102
• Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102
• domestic corporation: means a corporation for profit that:
       (11)(a) is not a foreign corporation; and
       (11)(b) is incorporated under or subject to this chapter. See Utah Code 16-10a-102
• Dormant: means viable seed, excluding hard seed, that fail to germinate when provided the specified germination conditions for the kind of seed in question. See Utah Code 4-16-102
• Employee: includes an officer but not a director, unless the director accepts a duty that makes that director also an employee. See Utah Code 16-10a-102
• 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.
• Entity: includes :
       (19)(a) a domestic and foreign corporation;
       (19)(b) a nonprofit corporation;
       (19)(c) a limited liability company;
       (19)(d) a profit or nonprofit unincorporated association;
       (19)(e) a business trust;
       (19)(f) an estate;
       (19)(g) a partnership;
       (19)(h) a trust;
       (19)(i) two or more persons having a joint or common economic interest;
       (19)(j) a state;
       (19)(k) the United States; and
       (19)(l) a foreign government. See Utah Code 16-10a-102
• Environment: means all living plants and animals, water, air, land, and the interrelationships that exist between them. See Utah Code 4-14-102
• EPA: means the United States Environmental Protection Agency. See Utah Code 4-14-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equipment: means any type of ground, water, or aerial equipment or contrivance using motorized, mechanical, or pressurized power to apply a pesticide. See Utah Code 4-14-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fee fishing facility: means a body of water used for holding or rearing fish for the purpose of providing fishing for a fee or for pecuniary consideration or advantage. See Utah Code 4-37-103
• Fiduciary: A trustee, executor, or administrator.
• FIFRA: means the Federal Insecticide, Fungicide, and Rodenticide Act. See Utah Code 4-14-102
• Flower seed: includes the seed of herbaceous plants that are:
       (11)(a) grown for their blooms, ornamental foliage, or other ornamental parts; and
       (11)(b) commonly known and sold under the name of flower or wildflower seed in this state. See Utah Code 4-16-102
• Foreign corporation: means a corporation for profit incorporated under a law other than the law of this state. See Utah Code 16-10a-102
• Germination: means the emergence and development from the seed embryo of those essential structures that are, for the kind of seed in question, indicative of the ability to produce a normal plant under favorable conditions expressed in whole numbers. See Utah Code 4-16-102
• Hard seed: means seed that remains hard at the end of the prescribed germination test period because the seed has not absorbed water due to an impermeable seed coat. See Utah Code 4-16-102
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Individual: means :
       (22)(a) a natural person;
       (22)(b) the estate of an incompetent individual; or
       (22)(c) the estate of a deceased individual. See Utah Code 16-10a-102
• Inert matter: means all matter that is not seed, including broken seeds, sterile florets, chaff, fungus bodies, and stones, as determined by methods defined by rule. See Utah Code 4-16-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inoculant: means a commercial preparation containing nitrogen-fixing bacteria applied to seed. See Utah Code 4-16-102
• 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.
• Kind: means one or more related species or subspecies of seed that singly or collectively are known by one common name, for example, corn, oats, alfalfa, and timothy. See Utah Code 4-16-102
• Label: means any written, printed, or graphic matter on, or attached to, a pesticide or a container or wrapper of a pesticide. See Utah Code 4-14-102
• Label: includes a representation on an invoice, bill, or letterhead. See Utah Code 4-16-102
• Labeling: includes a tag or other device attached to, written, stamped, or printed on a container or accompanying a lot of bulk seeds that:
       (21)(a) claims to specify the information required on the seed label by this chapter; and
       (21)(b) may include other information related to the labeled seed. See Utah Code 4-16-102
• 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
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lot: means a definite quantity of seed identified by a number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors that appear in the labeling. See Utah Code 4-16-102
• mailing: means deposit, deposited, or depositing in the United States mail, properly addressed, first class postage prepaid, and includes registered or certified mail for which the proper fee is paid. See Utah Code 16-10a-102
• Man: means an adult human male. See Utah Code 68-3-12.5
• Misuse: means use of any pesticide in a manner inconsistent with the pesticide's label or labeling. See Utah Code 4-14-102
• mixed: means seed consisting of more than one kind, each in excess of 5% by weight of the whole. See Utah Code 4-16-102
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mulch: means a protective covering of a suitable substance placed with seed that:
       (24)(a) acts to retain sufficient moisture to support seed germination and sustain early seedling growth;
       (24)(b) aids in the prevention of the evaporation of soil moisture;
       (24)(c) aids in the control of weeds; and
       (24)(d) aids in the prevention of erosion. See Utah Code 4-16-102
• Natural flowing stream: means the same as that term is defined in Section 23A-1-101. See Utah Code 4-37-103
• Natural lake: means the same as that term is defined in Section 23A-1-101. See Utah Code 4-37-103
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102
• Noxious weed seeds: means :
       (25)(a) prohibited noxious weed seeds; or
       (25)(b) restricted noxious weed seeds. See Utah Code 4-16-102
• 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.
• Off-type: means a seed or plant not part of the variety because the seed or plant deviates in one or more characteristics from the variety. See Utah Code 4-16-102
• Origin: means :
       (27)(a) for an indigenous stand of trees, the area on which the trees are growing; and
       (27)(b) for a nonindigenous stand of trees, the place from which the seeds or plants originated. See Utah Code 4-16-102
• Ornamental and turf pest control: means the use of a pesticide to control ornamental and turf pests in the maintenance and protection of ornamental trees, shrubs, flowers, or turf. See Utah Code 4-14-102
• Other crop seed: means the seed of plants grown as crops other than the kind or variety included in the pure seed, as determined by methods defined by rule. See Utah Code 4-16-102
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
• Person: means an individual, partnership, corporation, company, association, receiver, trustee, or agent. See Utah Code 4-16-102
• 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
• Pest: means :
            (24)(a)(i) any insect, rodent, nematode, fungus, weed; or
            (24)(a)(ii) any other form of terrestrial or aquatic plant or animal life, virus, bacteria, or other microorganism that is injurious to health or to the environment or that the department declares to be a pest. See Utah Code 4-14-102
• Pesticide: means any:
       (25)(a) substance or mixture of substances, including a living organism, that is intended to prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug, fungus, weed, or other form of plant or animal life that is normally considered to be a pest or that the commissioner declares to be a pest;
       (25)(b) any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant;
       (25)(c) any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, or emulsifying agent with deflocculating properties of its own used with a pesticide to aid the pesticide's application or effect; and
       (25)(d) any other substance designated by the department by rule. See Utah Code 4-14-102
• Pesticide applicator: is a person who:
       (26)(a) applies or supervises the application of a pesticide; and
       (26)(b) is required by this chapter to have a license. See Utah Code 4-14-102
• Pesticide applicator business: means an entity that:
            (27)(a)(i) is authorized to do business in this state; and
            (27)(a)(ii) offers pesticide application services. See Utah Code 4-14-102
• Pesticide dealer: means any person who distributes restricted use pesticides. See Utah Code 4-14-102
• 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.
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Principal office: means the office, in or out of this state, designated by a domestic or foreign corporation as its principal office in the most recent document on file with the division providing the information, including:
       (25)(a) an annual report;
       (25)(b) an application for a certificate of authority; or
       (25)(c) a notice of change of principal office. See Utah Code 16-10a-102
• Private fish pond: means the same as that term is defined in Section 23A-1-101. See Utah Code 4-37-103
• Proceeding: includes :
       (26)(a) a civil suit;
       (26)(b) arbitration or mediation; and
       (26)(c) a criminal, administrative, or investigatory action. See Utah Code 16-10a-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Prohibited noxious weed seeds: include the seeds of weeds that are highly destructive and difficult to control by good cultural practices and the use of herbicides. See Utah Code 4-16-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public aquaculture facility: means a tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture by the Division of Wildlife Resources, U. See Utah Code 4-37-103
• Public fishery resource: means fish produced in public aquaculture facilities and wild and free ranging populations of fish in the surface waters of the state. See Utah Code 4-37-103
• Pure seed: means seed exclusive of inert matter and all other seed not of the seed being considered as determined by methods defined by rule. See Utah Code 4-16-102
• Qualified shares: means , with respect to a director's conflicting interest transaction pursuant to Section 16-10a-853, one or more shares entitled to vote on the transaction, except a share:
       (27)(a) that, to the knowledge, before the vote, of the secretary, other officer, or agent of the corporation authorized to tabulate votes, is beneficially owned; or
       (27)(b) the voting of which is controlled, by:

            (27)(b)(i) a director who has a conflicting interest respecting the transaction;

            (27)(b)(ii) a related person of that director; or

            (27)(b)(iii) a person referred to in Subsections (27)(b)(i) and (ii). See Utah Code 16-10a-102
• Qualifying party: means a certified qualified applicator who is the owner or employee of a pesticide applicator business and who is registered with the department as the individual responsible for ensuring the training, equipping, and supervision of all pesticide applicators who work for the pesticide applicator business. See Utah Code 4-14-102
• Quorum: The number of legislators that must be present to do business.
• Receive: when used in reference to receipt of a writing or other document by a domestic or foreign corporation, means the writing or other document is actually received by:
       (28)(a) the corporation at its:

            (28)(a)(i) registered office in this state; or

            (28)(a)(ii) principal office;
       (28)(b) the secretary of the corporation, wherever the secretary is found; or
       (28)(c) another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-10a-102
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Reservoir constructed on a natural stream channel: means the same as that term is defined in Section 23A-1-101. See Utah Code 4-37-103
• Restricted use pesticide: means :
       (31)(a) a pesticide, including a highly toxic pesticide, that is a serious hazard to beneficial insects, animals, or land; or
       (31)(b) any pesticide or pesticide use restricted by the administrator of EPA or by the commissioner. See Utah Code 4-14-102
• Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-10a-830(3) for:
       (32)(a) the preparation and maintenance of:

            (32)(a)(i) minutes of the meetings of the board of directors and of the shareholders; and

            (32)(a)(ii) the other records and information required to be kept by the corporation by Section 16-10a-830; and
       (32)(b) authenticating records of the corporation. See Utah Code 16-10a-102
• Seed for sprouting: means seed sold for sprouting for salad or culinary purposes. See Utah Code 4-16-102
• 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.
• Share: means the unit into which the proprietary interests in a corporation are divided. See Utah Code 16-10a-102
• Shareholder: means :
            (34)(a)(i) the person in whose name a share is registered in the records of a corporation; or
            (34)(a)(ii) the beneficial owner of a share to the extent recognized pursuant to Section 16-10a-723. See Utah Code 16-10a-102
• Short-term fishing event: means the same as that term is defined in Section 23A-1-101. See Utah Code 4-37-103
• Sowing: means the placement of agricultural seed, vegetable seed, flower seed, tree and shrub seed, or seed for sprouting in a selected environment for the purpose of obtaining plant growth. See Utah Code 4-16-102
• Spot treatment: means the limited application of an herbicide to an area that is no more than 5% of the potential treatment area or one-twentieth of an acre, whichever is smaller, using equipment that is designed to contain no more than five gallons of mixture. See Utah Code 4-14-102
• State: means , unless the context demands otherwise:
       (33)(a) a state;
       (33)(b) the District of Columbia; or
       (33)(c) the territories of the United States. See Utah Code 7-1-103
• 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.
• 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.
• Treated: means that a seed has received an application of a substance or been subjected to a process designed to reduce, control, or repel disease organisms, insects, or other pests that attack seeds or seedlings. See Utah Code 4-16-102
• Tree and shrub seed: includes seed of woody plants commonly known and sold as tree and shrub seeds in this state. See Utah Code 4-16-102
• Trustee: A person or institution holding and administering property in trust.
• Type: means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. See Utah Code 4-16-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Variety: means a subdivision of a kind that is:
       (41)(a) distinct, meaning a variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge;
       (41)(b) uniform, meaning that variations in essential and distinctive characteristics are describable; and
       (41)(c) stable, meaning a variety's essential and distinctive characteristics and uniformity will remain unchanged when reproduced or reconstituted as required by the category of variety. See Utah Code 4-16-102
• Vegetable seed: includes the seed of those crops that are:
       (42)(a) grown in gardens or on truck farms; and
       (42)(b) generally known and sold under the name of vegetable or herb seed in this state. See Utah Code 4-16-102
• Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Utah Code 16-10a-102
• Weed seed: means the seed of all plants generally recognized as weeds within this state, as determined by methods defined by rule. See Utah Code 4-16-102
• Weight: means the net weight of the commodity. See Utah Code 4-16-102
• 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