Terms Used In Utah Code > Title 10 > Chapter 11 - Inspection and Cleaning

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affected entity: means :
            (1)(a)(i) a county of the first or second class in whose unincorporated area the area proposed for annexation is located;
            (1)(a)(ii) a county of the third, fourth, fifth, or sixth class in whose unincorporated area the area proposed for annexation is located, if the area includes residents or commercial or industrial development;
            (1)(a)(iii) a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or special service district under Title 17D, Chapter 1, Special Service District Act, whose boundary includes any part of an area proposed for annexation;
            (1)(a)(iv) a school district whose boundary includes any part of an area proposed for annexation, if the boundary is proposed to be adjusted as a result of the annexation; and
            (1)(a)(v) a municipality whose boundaries are within 1/2 mile of an area proposed for annexation. See Utah Code 10-2-401
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agritourism: means the same as that term is defined in Section 78B-4-512. See Utah Code 26B-7-401
• Agritourism food establishment: means a non-commercial kitchen facility where food is handled, stored, or prepared to be offered for sale on a farm in connection with an agritourism activity. See Utah Code 26B-7-401
• Annexation petition: means a petition under Section 10-2-403 proposing the annexation to a municipality of a contiguous, unincorporated area that is contiguous to the municipality. See Utah Code 10-2-401
• 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.
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Bioterrorism: means :
       (1)(a) the intentional use of any microorganism, virus, infectious substance, or biological product to cause death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism in order to influence, intimidate, or coerce the conduct of government or a civilian population; and
       (1)(b) includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic fevers. See Utah Code 26B-7-301
• Board: means the Private Probation Provider Licensing Board created in Section 58-50-3. See Utah Code 58-50-2
• Body art facility: means a facility where an individual practices or instructs:
       (6)(a) body piercing;
       (6)(b) branding;
       (6)(c) permanent cosmetics;
       (6)(d) scarification; or
       (6)(e) tattooing. See Utah Code 26B-7-401
• Body piercing: means any method of piercing the skin or mucosa to place jewelry through the skin or mucosa. See Utah Code 26B-7-401
• Branding: means the process in which a mark is burned, with or without heated metal, into human tissue with the intention of leaving a permanent mark. See Utah Code 26B-7-401
• Certified dietitian: means a person who is certified by the division as meeting the certification requirements provided in this chapter. See Utah Code 58-49-2
• City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
• Commission: means a boundary commission established under Section 10-2-409 for the county in which the property that is proposed for annexation is located. See Utah Code 10-2-401
• Commission on Dietetic Registration: means the credentialing component of the American Dietetic Association. See Utah Code 58-49-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• County executive: means :
       (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
       (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• County legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• Court: means the particular court that orders probation in a case. See Utah Code 58-50-2
• Cross examine: Questioning of a witness by the attorney for the other side.
• Dangerous public health condition: means any of the following:
       (2)(a) cholera;
       (2)(b) pneumonic plague;
       (2)(c) severe acute respiratory syndrome;
       (2)(d) smallpox;
       (2)(e) tuberculosis;
       (2)(f) any viral hemorrhagic fever;
       (2)(g) measles; or
       (2)(h) any infection:

            (2)(h)(i) that is new, drug resistant, or reemerging;

            (2)(h)(ii) that evidence suggests is likely to cause either high mortality or morbidity; and

            (2)(h)(iii) only if the relevant legislative body of the county where the infection is located approves as needing containment. See Utah Code 26B-7-301
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Commerce. See Utah Code 58-1-102
• Diagnostic information: means a clinical facility's record of individuals who present for treatment, including the reason for the visit, chief complaint, presenting diagnosis, final diagnosis, and any pertinent lab results. See Utah Code 26B-7-301
• Dietetics: includes :
       (3)(a) the evaluation of a person's dietary status;
       (3)(b) the advising and education of persons on dietary needs; and
       (3)(c) the evaluation of needs, implementation of systems to support needs, and maintenance of appropriate standards of quality in food and dietary service for individuals, groups, or patients in licensed institutional facilities or in private office settings. See Utah Code 58-49-2
• Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
• Ear piercing: means the puncturing of the lobe of the ear with piercing equipment to insert stud-and-clasp jewelry according to the directions provided by the piercing equipment's manufacturer. See Utah Code 26B-7-401
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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.
• Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
• Exigent circumstances: means a significant change in circumstances following the expiration of a public health emergency declared in accordance with this title that:
       (5)(a) substantially increases the danger to public safety or health relative to the circumstances in existence when the public health emergency expired;
       (5)(b) poses an imminent danger to public safety or health; and
       (5)(c) was not known or foreseen and could not have been known or foreseen at the time the public health emergency expired. See Utah Code 26B-7-301
• Farm: means a working farm, ranch, or other commercial agricultural, aquacultural, horticultural, or forestry operation. See Utah Code 26B-7-401
• First responder: means :
       (6)(a) a law enforcement officer as defined in Section 53-13-103;
       (6)(b) emergency medical service personnel as defined in Section 26B-4-101;
       (6)(c) firefighters; and
       (6)(d) public health personnel having jurisdiction over the location where an individual subject to an order of restriction is found. See Utah Code 26B-7-301
• Food: means :
       (12)(a) a raw, cooked, or processed edible substance, ice, nonalcoholic beverage, or ingredient used or intended for use or for sale, in whole or in part, for human consumption; or
       (12)(b) chewing gum. See Utah Code 26B-7-401
• Food service establishment: means any place or area within a business or organization where potentially hazardous foods, as defined by the department under Section 26B-7-410, are prepared and intended for individual portion service and consumption by the general public, whether the consumption is on or off the premises, and whether or not a fee is charged for the food. See Utah Code 26B-7-401
• 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}
• Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
• hazardous materials: means the same as that term is defined in Section 19-6-902. See Utah Code 10-11-1
• Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 26B-7-301
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• 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.
• 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
• Legislative emergency response committee: means the same as that term is defined in Section 53-2a-203. See Utah Code 26B-7-301
• Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
• Lien: A claim against real or personal property in satisfaction of a debt.
• Local food: means the same as that term is defined in Section 4-1-109. See Utah Code 26B-7-301
• Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
• Microblading: means a procedure where a hand tool with a blade formed of tiny needles implants permanent or semi-permanent pigment, resembling hair, into the skin of the eyebrow area with fine and short strokes. See Utah Code 26B-7-401
• Microenterprise home kitchen: means a non-commercial kitchen facility located in a private home and operated by a resident of the home where ready-to-eat food is handled, stored, prepared, or offered for sale. See Utah Code 26B-7-401
• Mining protection area: means the same as that term is defined in Section 17-41-101. See Utah Code 10-2-401
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Municipal: means of or relating to a municipality. See Utah Code 10-1-104
• Municipal selection committee: means a committee in each county composed of the mayor of each municipality within that county. See Utah Code 10-2-401
• Municipality: means :
       (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
       (5)(b) a town, as classified in Section 10-2-301; or
       (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
• Order of constraint: includes a stay-at-home order. See Utah Code 26B-7-301
• Order of restriction: means an order issued by a department or a district court which requires an individual or group of individuals who are subject to restriction to submit to an examination, treatment, isolation, or quarantine. See Utah Code 26B-7-301
• Permanent cosmetics: includes permanent makeup, micropigmentation, micropigment implantation, microblading, dermagraphics, or cosmetic tattooing. See Utah Code 26B-7-401
• Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Private probation: means the preparation of presentence investigation reports and the performance of supervision services by a private probation provider and funded by a court-ordered fee, to be paid by the defendant, in accordance with Subsection 77-18-105(6)(a)(vii). See Utah Code 58-50-2
• Private probation provider: means any private individual preparing presentence investigation reports or providing probation supervision in accordance with a court order under Section 77-18-105 and who is licensed under this chapter, and whose services are limited to minor offenses and misdemeanor violations. See Utah Code 58-50-2
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public health emergency: includes an illness or health condition resulting from a natural disaster. See Utah Code 26B-7-301
• Public health official: means :
       (13)(a) the executive director or the executive director's authorized representative; or
       (13)(b) the executive director of a local health department or the executive director's authorized representative. See Utah Code 26B-7-301
• Quorum: The number of legislators that must be present to do business.
• Ready-to-eat: means :
       (18)(a) raw animal food that is cooked;
       (18)(b) raw fruits and vegetables that are washed;
       (18)(c) fruits and vegetables that are cooked for hot holding;
       (18)(d) a time or temperature control food that is cooked to the temperature and time required for the specific food in accordance with rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
       (18)(e) a bakery item for which further cooking is not required for food safety. See Utah Code 26B-7-401
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Rural real property: includes any portion of private real property, if the private real property:
                 (1)(j)(ii)(A) qualifies as rural real property under Subsection (1)(j)(i); and
                 (1)(j)(ii)(B) consists of more than 1,500 total acres. See Utah Code 10-2-401
• Scarification: means the process in which a mark is cut into human skin tissue with the intent of leaving a permanent mark. See Utah Code 26B-7-401
• School: means a public, private, or parochial nursery school, licensed or unlicensed day care center, child care facility, family care home, Head Start program, kindergarten, elementary, or secondary school through grade 12. See Utah Code 26B-7-201
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Specified county: means a county of the second, third, fourth, fifth, or sixth class. See Utah Code 10-2-401
• 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
• Stay-at-home order: means an order of constraint that:
       (15)(a) restricts movement of the general population to suppress or mitigate an epidemic or pandemic disease by directing individuals within a defined geographic area to remain in their respective residences; and
       (15)(b) may include exceptions for certain essential tasks. See Utah Code 26B-7-301
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Threat to public health: means a situation where a dangerous public health condition could spread to other individuals. See Utah Code 26B-7-301
• Time or temperature control food: means food that requires time or temperature controls for safety to limit pathogenic microorganism growth or toxin formation. See Utah Code 26B-7-401
• Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
• Unincorporated: means not within a municipality. See Utah Code 10-1-104
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Venue: The geographical location in which a case is tried.
• 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