Utah Code 4-4a-106. Enforcement
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(1) The department shall enforce this chapter.
Terms Used In Utah Code 4-4a-106
- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
- Process: means a writ or summons issued in the course of a judicial proceeding. 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.
(2) A person subject to this chapter shall allow the department access during regular business hours to facilities and records pertinent to activities subject to this chapter.
(3) The department shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules governing the inspection of farms to ensure compliance with this chapter.
(4)
(4)(a) The department may use an inspection provider or process verification provider to ensure compliance with this chapter.
(4)(b) To rely on an inspection provider or process verification provider, the department must approve the specific inspection provider or process verification provider as competent to ensure compliance with this chapter.
(5)
(5)(a) If the department determines that a person subject to this chapter is in violation of a provision of this chapter or a rule adopted under this chapter, the department shall provide the person with a written notice that:
(5)(a)(i) describes each violation identified by the department; and
(5)(a)(ii) states a reasonable deadline by which the person is required to cure the violation.
(5)(b) If a person who receives a notice issued under Subsection (5)(a) does not cure a violation identified in the notice before the deadline stated in the notice, the department may impose a civil fine of $100 per written notice, regardless of the number of violations identified in the notice.
(5)(c) If a violation is not cured after the department provides a person with written notice of the violation and a reasonable opportunity to cure, the department may seek a temporary restraining order or permanent injunction to prevent further violation of this chapter.