Utah Code 4-10-111. Enforcement — Inspection authorized — Samples — Reimbursement for samples — Warrants
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(1)
Terms Used In Utah Code 4-10-111
- 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
- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- 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
- 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.
- Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
- 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
- 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
(1)(a) The department may access public and private premises where articles subject to this chapter are manufactured, repaired, stored, or sold for the purpose of determining compliance with this chapter.(1)(b) For purposes of determining compliance, the department may:(1)(b)(i) open any upholstered furniture, bedding, or quilted clothing to obtain a sample for inspection and analysis of filling material; or(1)(b)(ii) if considered appropriate by the department, take the entire article for inspection and analysis.(1)(c) Upon request, the department shall reimburse the owner or person from whom a sample or article is taken in accordance with this Subsection (1) for the actual cost of the sample or article.
(2) Upon request, the department may review and copy any of the records required under Subsection 4-10-108(2).
(3) The department may proceed immediately, if admittance is refused or a record is denied, to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for the purpose of making inspections and taking samples or articles.