Utah Code 65A-14-102. Definitions

As used in this chapter:

(1)

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Bioprospecting: means the removal from a natural environment for research or commercial use of:
(1)(a)(i) a naturally occurring microorganism, plant, or fungus; or
(1)(a)(ii) information concerning a naturally occurring microorganism's, plant's, or fungus' physical or genetic properties. See Utah Code 65A-14-102
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
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
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
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5

(1)(a) “Bioprospecting” means the removal from a natural environment for research or commercial use of:

(1)(a)(i) a naturally occurring microorganism, plant, or fungus; or

(1)(a)(ii) information concerning a naturally occurring microorganism’s, plant’s, or fungus’ physical or genetic properties.

(1)(b) “Bioprospecting” does not include:

(1)(b)(i) horticultural cultivation, except for horticultural genetic engineering conducted in a manner otherwise constituting bioprospecting;

(1)(b)(ii) an agricultural enterprise;

(1)(b)(iii) a forest and range management practice;

(1)(b)(iv) invasive weed management;

(1)(b)(v) Christmas tree and related sales; or

(1)(b)(vi) incidental removal of a microorganism, plant, or fungus while engaged in bona fide research or commercial enterprises.

(2) “Nonfederal public land” means land in the state that:

(2)(a) is not owned, controlled, or held in trust by the federal government; and

(2)(b)

(2)(b)(i) is owned or controlled by:

(2)(b)(i)(A) the state;

(2)(b)(i)(B) a county, city, or town; or

(2)(b)(i)(C) a governmental entity other than the federal government; or

(2)(b)(ii) is school and institutional trust lands, as defined in Section 53C-1-103.