Terms Used In Utah Code > Title 4 > Chapter 41a - Cannabis Production Establishments and Pharmacies

• 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: means the same as that term is defined in Subsection (187). See Utah Code 31A-1-301
• Adulterant: means any poisonous or deleterious substance in a quantity that may be injurious to health, including:
       (1)(a) pesticides;
       (1)(b) heavy metals;
       (1)(c) solvents;
       (1)(d) microbial life;
       (1)(e) artificially derived cannabinoid;
       (1)(f) toxins; or
       (1)(g) foreign matter. See Utah Code 4-41a-102
• Adulterated: means any meat or poultry product that:
       (1)(a) bears or contains any poisonous or deleterious substance that may render it injurious to health, but, if the substance is not an added substance, the meat or poultry product is not considered adulterated under this subsection if the quantity of the substance in or on the meat or poultry product does not ordinarily render it injurious to health;
       (1)(b) bears or contains, by reason of the administration of any substance to the animal or otherwise, any added poisonous or added deleterious substance that in the judgment of the commissioner makes the meat or poultry product unfit for human food;
       (1)(c) contains, in whole or in part, a raw agricultural commodity and that commodity bears or contains a pesticide chemical that is unsafe within the meaning of Utah Code 4-32-105
• advertising: means information provided by a person in any medium:
       (2)(a) to the public; and
       (2)(b) that is not age restricted to an individual who is at least 21 years old. See Utah Code 4-41a-102
• Advisory board: means the Medical Cannabis Policy Advisory Board created in Section 26B-1-435. See Utah Code 4-41a-102
• Affiliate: means a person who controls, is controlled by, or is under common control with, another person. See Utah Code 31A-1-301
• Agency: means :
       (6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
       (6)(b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
• Alien insurer: means an insurer domiciled outside the United States. See Utah Code 31A-1-301
• Amenable species: means :
       (2)(a) livestock, including cattle, sheep, goats, swine, or equine; or
       (2)(b) poultry, including a domesticated chicken, turkey, duck, goose, guinea, ratite, or squab. See Utah Code 4-32-105
• 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 a domesticated or captive mammalian or avian species. See Utah Code 4-32-105
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Antemortem inspection: means an inspection of a live animal immediately before slaughter. See Utah Code 4-32-105
• 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.
• Application: means a document:
       (10)(a)

            (10)(a)(i) completed by an applicant to provide information about the risk to be insured; and

            (10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:

                 (10)(a)(ii)(A) insure the risk under:

                      (10)(a)(ii)(A)(I) the coverage as originally offered; or

                      (10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or

                 (10)(a)(ii)(B) decline to insure the risk; or
       (10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
• Appraisal: A determination of property value.
• 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.
• Artificially derived cannabinoid: means a chemical substance that is created by a chemical reaction that changes the molecular structure of any chemical substance derived from the cannabis plant. See Utah Code 4-41a-102
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• authorized insurer: means an insurer:
            (191)(b)(i) holding a valid certificate of authority to do an insurance business in this state; and
            (191)(b)(ii) transacting business as authorized by a valid certificate. See Utah Code 31A-1-301
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Beneficial substances or compounds: means a substance or compound other than primary, secondary, and micro plant nutrients that can be demonstrated by scientific research to be beneficial to one or more species of plants when applied exogenously. See Utah Code 4-13-102
• 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}
• Blender: means a person engaged in the business of blending or mixing fertilizer, soil amendments, or both. See Utah Code 4-13-102
• board: means the Cannabis Production Establishment and Pharmacy Licensing Advisory Board created in Section Utah Code 4-41a-102
• Branch: means a place of business of a financial institution, other than its main office, at which deposits are received and paid. See Utah Code 7-1-103
• Brand: means a term, design, or trade mark used in connection with one or several grades of fertilizer or soil amendment. See Utah Code 4-13-102
• Broker: means any person engaged in the business of buying and selling meat or poultry products other than for the person's own account. See Utah Code 4-32-105
• Cannabis: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
• Cannabis concentrate: means :
       (8)(a) the product of any chemical or physical process applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in the biomass; and
       (8)(b) any amount of a natural cannabinoid or artificially derived cannabinoid in an artificially derived cannabinoid's purified state. See Utah Code 4-41a-102
• Cannabis cultivation byproduct: means any portion of a cannabis plant that is not intended to be sold as a cannabis plant product. See Utah Code 4-41a-102
• Cannabis cultivation facility: means a person that:
       (10)(a) possesses cannabis;
       (10)(b) grows or intends to grow cannabis; and
       (10)(c) sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis processing facility, or a medical cannabis research licensee. See Utah Code 4-41a-102
• Cannabis cultivation facility agent: means an individual who

       holds a valid cannabis production establishment agent registration card with a cannabis cultivation facility designation. See Utah Code 4-41a-102

• Cannabis derivative product: means a product made using cannabis concentrate. See Utah Code 4-41a-102
• Cannabis plant product: means any portion of a cannabis plant intended to be sold in a form that is recognizable as a portion of a cannabis plant. See Utah Code 4-41a-102
• Cannabis processing facility: means a person that:
       (14)(a) acquires or intends to acquire cannabis from a cannabis production establishment;
       (14)(b) possesses cannabis with the intent to manufacture a cannabis product;
       (14)(c) manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract; and
       (14)(d) sells or intends to sell a cannabis product to a medical cannabis pharmacy or a medical cannabis research licensee. See Utah Code 4-41a-102
• Cannabis processing facility agent: means an individual who

       holds a valid cannabis production establishment agent registration card with a cannabis processing facility designation. See Utah Code 4-41a-102

• Cannabis product: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
• Cannabis production establishment: means a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory. See Utah Code 4-41a-102
• Cannabis production establishment agent: means a cannabis cultivation facility agent, a cannabis processing facility agent, or an independent cannabis testing laboratory agent. See Utah Code 4-41a-102
• Cannabis production establishment agent registration card: means a registration card that the department issues that:
       (19)(a) authorizes an individual to act as a cannabis production establishment agent; and
       (19)(b) designates the type of cannabis production establishment for which an individual is authorized to act as an agent. See Utah Code 4-41a-102
• Cannabis Research Review Board: means the Cannabis Research Review Board created in Section 26B-1-420. See Utah Code 4-41a-102
• Capable of use as human food: means any animal carcass, or part or product of a carcass, unless it is denatured or otherwise identified as required by rules of the department to deter the carcass or product's use as human food. See Utah Code 4-32-105
• Captive insurance company: means :
       (21)(a) an insurer:

            (21)(a)(i) owned by a parent organization; and

            (21)(a)(ii) whose purpose is to insure risks of the parent organization and other risks as authorized under:

                 (21)(a)(ii)(A) Chapter 37, Captive Insurance Companies Act; and

                 (21)(a)(ii)(B) Chapter 37a, Special Purpose Financial Captive Insurance Company Act; or
       (21)(b) in the case of a group or association, an insurer:

            (21)(b)(i) owned by the insureds; and

            (21)(b)(ii) whose purpose is to insure risks of:

                 (21)(b)(ii)(A) a member organization;

                 (21)(b)(ii)(B) a group member; or

                 (21)(b)(ii)(C) an affiliate of:

                      (21)(b)(ii)(C)(I) a member organization; or

                      (21)(b)(ii)(C)(II) a group member. See Utah Code 31A-1-301
• Certificate: means evidence of insurance given to:
       (23)(a) an insured under a group insurance policy; or
       (23)(b) a third party. See Utah Code 31A-1-301
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Closed-door medical cannabis pharmacy: means a facility operated by a home delivery medical cannabis pharmacy for delivering cannabis or a medical cannabis product. See Utah Code 4-41a-102
• Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
• Commissioner: includes a person authorized by the commissioner to carry out the provisions of this chapter. See Utah Code 4-32-105
• Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
• Community location: means a public or private elementary or secondary school, a church, a public library, a public playground, or a public park. See Utah Code 4-41a-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• contract holder: means a person who purchases a service contract. See Utah Code 31A-6a-101
• 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
• 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.
• Corporation: means an insurance corporation, except when referring to:
            (34)(a)(i) a corporation doing business:

                 (34)(a)(i)(A) as:

                      (34)(a)(i)(A)(I) an insurance producer;

                      (34)(a)(i)(A)(II) a surplus lines producer;

                      (34)(a)(i)(A)(III) a limited line producer;

                      (34)(a)(i)(A)(IV) a consultant;

                      (34)(a)(i)(A)(V) a managing general agent;

                      (34)(a)(i)(A)(VI) a reinsurance intermediary;

                      (34)(a)(i)(A)(VII) a third party administrator; or

                      (34)(a)(i)(A)(VIII) an adjuster; and

                 (34)(a)(i)(B) under:

                      (34)(a)(i)(B)(I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries;

                      (34)(a)(i)(B)(II) Chapter 25, Third Party Administrators; or

                      (34)(a)(i)(B)(III) Chapter 26, Insurance Adjusters; or
            (34)(a)(ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301
• Cultivation space: means , quantified in square feet, the horizontal area in which a cannabis cultivation facility cultivates cannabis, including each level of horizontal area if the cannabis cultivation facility hangs, suspends, stacks, or otherwise positions plants above other plants in multiple levels. See Utah Code 4-41a-102
• Custom exempt processing: means processing meat, wild game, amenable species, or nonamenable species as a service for the person who owns the meat, wild game, amenable species, or nonamenable species, if the person:
       (10)(a) uses the meat, meat food products, slaughtered amenable species, wild game, or slaughtered nonamenable species for the person's own consumption, including consumption by immediate family members and nonpaying guests; or
       (10)(b) offers the slaughtered nonamenable species for wholesale or retail sale. See Utah Code 4-32-105
• Custom exempt slaughter: includes farm custom slaughter. See Utah Code 4-32-105
• 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.
• Delivery address: means :
       (23)(a) for a medical cannabis cardholder who is not a facility:

            (23)(a)(i) the medical cannabis cardholder's home address; or

            (23)(a)(ii) an address designated by the medical cannabis cardholder that:

                 (23)(a)(ii)(A) is the medical cannabis cardholder's workplace; and

                 (23)(a)(ii)(B) is not a community location; or
       (23)(b) for a medical cannabis cardholder that is a facility, the facility's address. See Utah Code 4-41a-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
• Department: means the Insurance Department. See Utah Code 31A-1-301
• Department: means the Department of Agriculture and Food. See Utah Code 4-41a-102
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Depository institution: means a bank, savings and loan association, savings bank, industrial bank, credit union, or other institution that:
       (8)(a) holds or receives deposits, savings, or share accounts;
       (8)(b) issues certificates of deposit; or
       (8)(c) provides to its customers other depository accounts that are subject to withdrawal by checks, drafts, or other instruments or by electronic means to effect third party payments. 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.
• Distributor: means a person who distributes. See Utah Code 4-13-102
• Domestic insurer: means an insurer organized under the laws of this state. See Utah Code 31A-1-301
• Employee: means :
       (57)(a) an individual employed by an employer; or
       (57)(b) an individual who meets the requirements of Subsection (55)(b). See Utah Code 31A-1-301
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Exclusion: means for the purposes of accident and health insurance that an insurer does not provide insurance coverage, for whatever reason, for one of the following:
       (67)(a) a specific physical condition;
       (67)(b) a specific medical procedure;
       (67)(c) a specific disease or disorder; or
       (67)(d) a specific prescription drug or class of prescription drugs. See Utah Code 31A-1-301
• Family member: means a parent, step-parent, spouse, child, sibling, step-sibling, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild. See Utah Code 4-41a-102
• Farm custom slaughter: means custom exempt slaughtering of an animal, amenable species, or nonamenable species for an owner without official inspection. See Utah Code 4-32-105
• Farm custom slaughter license: means a license issued by the department to allow farm custom slaughter. See Utah Code 4-32-105
• Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
• Federal acts: means :
       (17)(a) the Federal Meat Inspection Act, Utah Code 4-32-105
• Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
• 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
• Fiduciary: A trustee, executor, or administrator.
• Filed: means that a filing is:
            (69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
            (69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
            (69)(a)(iii) accompanied by the appropriate fee in accordance with:

                 (69)(a)(iii)(A) Section 31A-3-103; or

                 (69)(a)(iii)(B) rule. See Utah Code 31A-1-301
• Filing: when used as a noun, means an item required to be filed with the department including:
       (70)(a) a policy;
       (70)(b) a rate;
       (70)(c) a form;
       (70)(d) a document;
       (70)(e) a plan;
       (70)(f) a manual;
       (70)(g) an application;
       (70)(h) a report;
       (70)(i) a certificate;
       (70)(j) an endorsement;
       (70)(k) an actuarial certification;
       (70)(l) a licensee annual statement;
       (70)(m) a licensee renewal application;
       (70)(n) an advertisement;
       (70)(o) a binder; or
       (70)(p) an outline of coverage. See Utah Code 31A-1-301
• Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103
• 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.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreign insurer: means an insurer domiciled outside of this state, including an alien insurer. See Utah Code 31A-1-301
• Form: means one of the following prepared for general use:
            (74)(a)(i) a policy;
            (74)(a)(ii) a certificate;
            (74)(a)(iii) an application;
            (74)(a)(iv) an outline of coverage; or
            (74)(a)(v) an endorsement. See Utah Code 31A-1-301
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Government issued photo identification: means the same as that term is defined in Section 26B-4-201, including expired identification in accordance with Section 26B-4-244. See Utah Code 4-41a-102
• Grade: means the percentage of total nitrogen, available phosphate and soluble potash stated in the same terms, order, and percentages as in the guaranteed analysis. See Utah Code 4-13-102
• Guaranteed analysis: means the minimum percentage by weight of plant nutrients claimed in the following order and form:

  Total Nitrogen (N)____ percentAvailable Phosphate (P2O5)____ percentSoluble Potash (K2O)____ percent