Terms Used In Utah Code > Title 4 > Chapter 41 - Hemp and Cannabinoid Act

• Abandoned apiary: means any apiary to which the owner or operator fails to give reasonable and adequate attention during a given year as determined by the department. See Utah Code 4-11-102
• 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
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• 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
• Apiary: means any place where one or more colonies of bees are located. See Utah Code 4-11-102
• Apiary equipment: means hives, supers, frames, veils, gloves, or other equipment used to handle or manipulate bees, honey, wax, or hives. See Utah Code 4-11-102
• Appliance: means any apparatus, tool, machine, or other device used to handle or manipulate bees, wax, honey, or hives. See Utah Code 4-11-102
• Article: means bedding, upholstered furniture, quilted clothing, or filling material. See Utah Code 4-10-102
• Bedding: means a:
       (2)(a) quilted, packing, mattress, or hammock pad; or
       (2)(b) mattress, boxspring, comforter, quilt, sleeping bag, studio couch, pillow, or cushion made with a filling material that can be used for sleeping or reclining. See Utah Code 4-10-102
• Bee: means the common honey bee, Apis mellifera, at any stage of development. See Utah Code 4-11-102
• Beekeeper: includes an apiarist. See Utah Code 4-11-102
• Brand: means an identifiable mark, including a tattoo or cutting and shaping of the ears or brisket area, applied to livestock that is intended to show ownership and the mark's location. See Utah Code 4-24-102
• 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
• Cannabinoid processor license: means a license that the department issues to a person for the purpose of processing a cannabinoid product. See Utah Code 4-41-102
• Cannabinoid product: means a product that:
       (6)(a) contains or is represented to contain one or more naturally occurring cannabinoids;
       (6)(b) contains less than the cannabinoid product THC level, by dry weight;
       (6)(c) contains a combined amount of total THC and any THC analog that does not exceed 10% of the total cannabinoid content;
       (6)(d) does not exceed a total of THC and any THC analog that is greater than:

            (6)(d)(i) 5 milligrams per serving; and

            (6)(d)(ii) 150 milligrams per package; and
       (6)(e) unless the product is in an oil based suspension, has a serving size that:

            (6)(e)(i) is an integer; and

            (6)(e)(ii) is a discrete unit of the cannabinoid product. See Utah Code 4-41-102
• Cannabinoid product class: means a group of cannabinoid products that:
       (7)(a) have all ingredients in common; and
       (7)(b) are produced by or for the same company. See Utah Code 4-41-102
• Cannabis: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41-102
• Carcass: means any part of the body of an animal, including entrails and edible meats. See Utah Code 4-24-102
• CBD: means the cannabinoid identified as CAS# 13956-29-1. See Utah Code 4-41-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Colony: means an aggregation of bees in any type of hive that includes queens, workers, drones, or brood. See Utah Code 4-11-102
• Commercial feed: means all materials that are distributed for use as feed or for mixing in feed. See Utah Code 4-12-102
• 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
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer: means a person who purchases, rents, or leases an article for the article's intended, everyday use. See Utah Code 4-10-102
• 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
• 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
• 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.
• Correct: means conformance to applicable requirements of this chapter. See Utah Code 4-9-102
• County executive: means :
       (7)(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;
       (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
       (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• 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
• 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
• 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
• 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.
• Disease: means any infectious or contagious disease affecting bees, as specified by the department, including American foulbrood. See Utah Code 4-11-102
• 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
• Domesticated elk: means the same as that term is defined in Section 4-39-102. See Utah Code 4-24-102
• 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
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Feed ingredient: means each constituent material in a commercial feed. See Utah Code 4-12-102
• Fertilizer: means a substance that contains one or more recognized plant nutrients that is used for the substance's plant nutrient content and is designed for use or claimed to have value in promoting plant growth, exclusive of unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, gypsum, and other products exempted by rule. See Utah Code 4-13-102
• Filling material: means cotton, wool, kapok, feathers, down, shoddy, hair, or other material, or a combination of materials, whether loose or in bags, bales, batting, pads, or other prefabricated form that is, or can be, used in bedding, upholstered furniture, or quilted clothing. See Utah Code 4-10-102
• Hide: means any skins or wool removed from livestock. See Utah Code 4-24-102
• Hive: means a frame hive, box hive, box, barrel, log, gum skep, or other artificial or natural receptacle that may be used to house bees. See Utah Code 4-11-102
• Home-produced: means a pet treat produced in a private home kitchen in the state. See Utah Code 4-12-102
• Industrial hemp: means any part of a cannabis plant, whether growing or not, with a concentration of less than 0. See Utah Code 4-41-102
• Industrial hemp producer registration: means a registration that the department issues to a person for the purpose of processing industrial hemp or an industrial hemp product. See Utah Code 4-41-102
• Industrial hemp product: means a product made by processing industrial hemp plants or industrial hemp parts. See Utah Code 4-41-102
• Industrial hemp retailer permit: means a permit that the department issues to a retailer who sells any viable industrial hemp seed or cannabinoid product. See Utah Code 4-41-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Institution: means :
       (19)(a) a corporation;
       (19)(b) a limited liability company;
       (19)(c) a partnership;
       (19)(d) a trust;
       (19)(e) an association;
       (19)(f) a joint venture;
       (19)(g) a pool;
       (19)(h) a syndicate;
       (19)(i) an unincorporated organization; or
       (19)(j) any form of business entity. See Utah Code 7-1-103
• 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.
• Key participant: means any of the following:
       (15)(a) a licensee;
       (15)(b) an operation manager;
       (15)(c) a site manager; or
       (15)(d) an employee who has access to any industrial hemp material with a THC concentration above 0. See Utah Code 4-41-102
• Label: means the display of written, printed, or graphic matter upon a tag or upon the immediate container of a bedding, upholstered furniture, quilted clothing, or filling material. See Utah Code 4-10-102
• 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
• 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}
• Licensee: means a person possessing a cannabinoid processor license that the department issues under this chapter. See Utah Code 4-41-102
• 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
• Livestock: means cattle, calves, horses, mules, or sheep. See Utah Code 4-24-102
• Livestock market: means a public market place consisting of pens or other enclosures where cattle, calves, horses, or mules are received on consignment and kept for subsequent sale, either through public auction or private sale. See Utah Code 4-24-102
• Manufacture: means to make, process, or prepare from new or secondhand material, in whole or in part, a bedding, upholstered furniture, quilted clothing, or filling material for sale. See Utah Code 4-10-102
• Manufacture: means to grind, mix, blend, or otherwise process a commercial feed for distribution. See Utah Code 4-12-102
• Misbranded: includes commercial feed that is distributed under the name of another commercial feed. See Utah Code 4-12-102
• Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
• New material: includes :
            (7)(b)(i) by-products from a textile mill using only new raw material synthesized from a product that has been melted, liquified, and re-extruded; and
            (7)(b)(ii) down and feather that has been sterilized in accordance with the department's rules made under Sections 4-10-103 and 4-10-113. See Utah Code 4-10-102
• Non-compliant material: means :
       (17)(a) a hemp plant that does not comply with this chapter, including a cannabis plant with a concentration of 0. See Utah Code 4-41-102
• 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.
• 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
• Open range: means land upon which cattle, sheep, or other domestic animals are grazed or permitted to roam by custom, license, lease, or permit. See Utah Code 4-24-102
• 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
• Package: means a commodity put up or packaged before sale in either wholesale or retail saleunits. See Utah Code 4-9-102
• Package: means any number of bees in a bee-tight container, with or without a queen, and without comb. See Utah Code 4-11-102
• Parasite: means an organism that parasitizes any developmental stage of a bee. See Utah Code 4-11-102
• 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.
• percentage: means percentage by weight. See Utah Code 4-12-102
• Permittee: means a person possessing a permit that the department issues under this chapter. See Utah Code 4-41-102
• Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
• Person: means :
       (27)(a) an individual;
       (27)(b) a corporation;
       (27)(c) a limited liability company;
       (27)(d) a partnership;
       (27)(e) a trust;
       (27)(f) an association;
       (27)(g) a joint venture;
       (27)(h) a pool;
       (27)(i) a syndicate;
       (27)(j) a sole proprietorship;
       (27)(k) an unincorporated organization; or
       (27)(l) any form of business entity. See Utah Code 7-1-103
• Person: means :
       (19)(a) an individual, partnership, association, firm, trust, limited liability company, or corporation; and
       (19)(b) an agent or employee of an individual, partnership, association, firm, trust, limited liability company, or corporation. See Utah Code 4-41-102
• 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 an organism that:
       (12)(a) inflicts damage to a bee or bee colony directly or indirectly; or
       (12)(b) may damage apiary equipment in a manner that is likely to have an adverse effect on the health of the colony or an adjacent colony. See Utah Code 4-11-102
• 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
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• 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
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Quantity statement: means the net weight in mass, liquid measurement, or count. See Utah Code 4-12-102
• Quilted clothing: means a filled garment or apparel, exclusive of trim used for aesthetic effect, or a stiffener, shoulder pad, interfacing, or other material that is made in whole or in part from filling material and sold or offered for sale. See Utah Code 4-10-102
• Quorum: The number of legislators that must be present to do business.
• Raise: means :
       (13)(a) to hold a colony of bees in a hive for the purpose of pollination, honey production, or study, or a similar purpose; and
       (13)(b) when the person holding a colony holds the colony or a package of bees in the state for a period of time exceeding 30 days. See Utah Code 4-11-102
• reclaimed material: means material that would have otherwise been disposed of as waste or used for energy recovery, but instead is collected and used as a material input, in lieu of new primary material, as defined by rule by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 4-10-102
• recycled material: means material that has been reprocessed from reclaimed material by means of an accepted manufacturing process and made into a final product or into a component for incorporation into a product as defined by rule by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 4-10-102
• 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
• Repair: means to restore, recover, alter, or renew bedding or upholstered furniture for a consideration. See Utah Code 4-10-102
• Retailer: means a person who sells bedding, upholstered furniture, quilted clothing, or filling material to a consumer for use primarily for personal, family, household, or business purposes. See Utah Code 4-10-102
• Retailer permittee: means a person possessing an industrial hemp retailer permit that the department issues under this chapter. See Utah Code 4-41-102
• Secondhand: means an article or filling material, or portion of an article or filling material, that has previously been used. See Utah Code 4-10-102
• sell: means to offer or expose for sale, barter, trade, deliver, consign, lease, or give away any bedding, upholstered furniture, quilted clothing, or filling material. See Utah Code 4-10-102
• 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.
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• 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: 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.
• Sterilize: means to disinfect, decontaminate, sanitize, cleanse, or purify as required by Section 4-10-113. See Utah Code 4-10-102
• Tag: means a card, flap, or strip attached to an article for the purpose of displaying information required by this chapter or under rule made pursuant to it. See Utah Code 4-10-102
• 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.
• Terminal disease: means a pest, parasite, or pathogen that will kill an occupant colony or subsequent colony on the same equipment. See Utah Code 4-11-102
• THC: means a delta-9-tetrahydrocannabinol, the cannabinoid identified as CAS# 1972-08-3. See Utah Code 4-41-102
• THC analog: means a substance that is structurally or pharmacologically substantially similar to, or is represented as being similar to, delta-9-THC. See Utah Code 4-41-102
• Ton: means a net weight of 2,000 pounds avoirdupois. See Utah Code 4-12-102
• total THC: means the sum of the determined amounts of delta-9-THC, tertrahydrocannabinolic acid, calculated as "total THC = delta-9-THC + (THCA x 0. See Utah Code 4-41-102
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Transportable industrial hemp concentrate: means any amount of a natural cannabinoid in a purified state that:
       (25)(a) is the product of any chemical or physical process applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in the biomass;
       (25)(b) is derived from a cannabis plant that, based on sampling that was collected no more than 30 days before the day on which the cannabis plant was harvested, contains a combined concentration of total THC and any THC analog of less than 0. See Utah Code 4-41-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Upholstered furniture: means portable or fixed furniture, except fixed seats in motor vehicles, boats, or aircraft, that is made in whole or in part with filling material, exclusive of trim used for aesthetic effect. See Utah Code 4-10-102
• Used: means an article that has been sold to a consumer and has left the store. See Utah Code 4-10-102
• 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
• Weight: means net weight, unless the label declares that the product is sold by drained weight, in which case "weight" means net drained weight. See Utah Code 4-9-102
• Weights and measures: means the instruments or devices used for weighing or measuring, including an appliance or accessory associated with the instrument or device. See Utah Code 4-9-102
• Weights and measures registration: means the issuance of a certificate by the commissioner to a weights and measures user. See Utah Code 4-9-102
• Wholesaler: means a person who offers an article for resale to a retailer or institution rather than a final consumer. See Utah Code 4-10-102
• 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