Utah Code 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
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(1) Upon satisfactory evidence that a manufacturer, distributer, licensee, or registrant has used fraudulent or deceptive practices in the registration, licensing, or distribution of a commercial feed or customer-formula feed, the department may:
Terms Used In Utah Code 4-12-107
- 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
- Commercial feed: means all materials that are distributed for use as feed or for mixing in feed. See Utah Code 4-12-102
- 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
- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- 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.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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.
- Misbranded: includes commercial feed that is distributed under the name of another commercial feed. 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
- 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.
- 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(1)(a) suspend or revoke the registration or license of any brand name of commercial feed or customer-formula feed; or(1)(b) refuse to register or license any brand name or product of commercial feed or customer-formula feed.(2)(2)(a) The department may issue a “stop sale, use, or removal order” to the distributor or owner of any commercial feed or lot of commercial feed that it finds or has reason to believe is misbranded, adulterated, or otherwise in violation of this chapter.(2)(b) The order described in Subsection (2)(a) shall be in writing and no commercial feed subject to the order shall be moved, offered, or exposed for sale, except upon subsequent written release by the department.(2)(c) Before an order release is issued, the department may require the distributor or owner of the “stopped” commercial feed or lot of commercial feed to pay the expense incurred by the department in connection with the withdrawal of the product from the market.(3)(3)(a) The department is authorized in a court of competent jurisdiction to seek:(3)(a)(i) an order of seizure or condemnation of a commercial feed;(3)(a)(ii) a temporary restraining order; or(3)(a)(iii) a permanent injunction to prevent the violation of this chapter.(3)(b) No bond shall be required of the department in an injunctive proceeding brought under this section.(4) If the court orders condemnation of a commercial feed, the commercial feed shall be disposed of as the court directs, provided the order gives the manufacturer, distributor, licensee, or registrant an opportunity to apply to the court for permission to:(4)(a) relabel, reprocess, or otherwise bring the commercial feed into conformance with this chapter and administrative rules; or(4)(b) remove the commercial feed from the state.(5) If the court orders condemnation, court costs, fees, storage, and other costs shall be awarded against the claimant of the commercial feed.