Utah Code > Title 3 > Chapter 1 – General Provisions Relating to Agricultural Cooperative Associations


§ 3-1-1	Declaration of policy
§ 3-1-1.1	General corporation laws do not apply
§ 3-1-2	Definitions
§ 3-1-3	Qualifications of incorporators
§ 3-1-4	Purposes
§ 3-1-5	Articles of incorporation
§ 3-1-6	Filing articles of incorporation — Certificate of incorporation — Fees — Constructive notice
§ 3-1-7	Amendments to articles of incorporation
§ 3-1-8	Bylaws
§ 3-1-9	Powers
§ 3-1-10	Members — Qualifications and liabilities — Voting rights
§ 3-1-11	Certificates of and termination of membership — Dividends and distribution of reserves — Preferred stock — Certificates of interest — Unclaimed credits
§ 3-1-12	Meetings
§ 3-1-12.1	Quorum — Voting
§ 3-1-12.2	Waiver of notice
§ 3-1-13	Directors
§ 3-1-13.1	Limitation of personal liability of officers and directors
§ 3-1-13.2	Place and notice of directors’ meetings — Action without meeting — Meetings by telephone conference calls
§ 3-1-13.3	General standards of conduct for directors and officers
§ 3-1-13.4	Indemnification of officers, directors, employees, fiduciaries, and agents
§ 3-1-13.5	Conflicts of interest
§ 3-1-13.6	Quorum and voting
§ 3-1-13.7	Resignation of directors
§ 3-1-13.8	Director committees
§ 3-1-14	Removal of director
§ 3-1-15	Officers
§ 3-1-15.1	Duties of officers
§ 3-1-16	Removal of officer
§ 3-1-16.1	Resignation of officers
§ 3-1-17	Contracts with association
§ 3-1-18	Inducing breach of contract — False reports — Penalty
§ 3-1-19	Association not in restraint of trade — Right to disseminate information
§ 3-1-20	Voluntary dissolution — Distribution of assets — Proceedings
§ 3-1-20.1	Grounds and procedure for judicial dissolution
§ 3-1-20.3	Receivership or custodianship
§ 3-1-20.4	Decree of dissolution
§ 3-1-21	Existing associations continued under chapter
§ 3-1-22	Accrued rights not affected by chapter
§ 3-1-23	Use of term “cooperative” limited
§ 3-1-24	Eligible foreign corporations may operate under chapter
§ 3-1-25	Filing of annual reports
§ 3-1-26	Severability clause
§ 3-1-27	Construction of chapter
§ 3-1-28	Short title
§ 3-1-29	Inconsistent acts repealed — Existing associations continued
§ 3-1-30	Authorization for merger or consolidation with other associations or corporations — Laws governing surviving or new corporation
§ 3-1-31	Contents and approval of plan of merger or consolidation
§ 3-1-32	Notice to members and shareholders of meeting to vote on plan of merger or consolidation
§ 3-1-33	Determination of members and shareholders entitled to notice of or to vote on plan of merger or consolidation
§ 3-1-34	Quorum at meeting to vote on plan of merger or consolidation
§ 3-1-35	Procedure at meeting to vote on plan of merger or consolidation — Abandonment of merger or consolidation prior to filing articles
§ 3-1-36	Articles of merger or consolidation — Execution, contents, and filing of articles — Issuance of certificate of merger or consolidation — Fees
§ 3-1-37	Effect of merger or consolidation
§ 3-1-38	Procedure for and effect of merger or consolidation of foreign and domestic corporations or associations
§ 3-1-41	Domestic or foreign corporations or associations — Plan of merger — Articles of merger — Certificate of merger
§ 3-1-42	Association’s records
§ 3-1-43	Inspection of records
§ 3-1-44	Registered office and agent
§ 3-1-45	Sale, mortgage, and lease of assets
§ 3-1-46	Conversion to a limited cooperative association

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Terms Used In Utah Code > Title 3 > Chapter 1 - General Provisions Relating to Agricultural Cooperative Associations

Abandoned apiary: means any apiary to which the owner or operator fails to give reasonable and adequate attention during a given year as determined by the department. See Utah Code 4-11-102
Account holder: means a person for whom an account is held by a financial institution. See Utah Code 7-1-1001
Accounts receivable purchase transaction: means a transaction in which a business forwards or otherwise sells to a person all or a portion of the business's accounts, as defined in Section 70A-9a-102, or payment intangibles, as defined in Section 70A-9a-102, at a discount to the accounts' or payment intangibles' expected value. See Utah Code 7-27-101
Acquired or constructed: means acquired, constructed, reconstructed, restored, enlarged, improved, renovated, repaired, replaced, equipped, or furnished in whole or in part with state funds. See Utah Code 9-6-403
Adherent yolk: means the yolk has settled to one side and become fastened to the shell. See Utah Code 4-4-103
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Adjudicative proceeding: means :
(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Adult Protective Services: means the same as that term is defined in Section 26B-6-201. See Utah Code 7-26-102
Adulterant: means any poisonous or deleterious substance in a quantity that may be injurious to health, including:
     (1)(a) pesticides;
     (1)(b) heavy metals;
     (1)(c) solvents;
     (1)(d) microbial life;
     (1)(e) artificially derived cannabinoid;
     (1)(f) toxins; or
     (1)(g) foreign matter. See Utah Code 4-41a-102
Adulterated: means any meat or poultry product that:
     (1)(a) bears or contains any poisonous or deleterious substance that may render it injurious to health, but, if the substance is not an added substance, the meat or poultry product is not considered adulterated under this subsection if the quantity of the substance in or on the meat or poultry product does not ordinarily render it injurious to health;
     (1)(b) bears or contains, by reason of the administration of any substance to the animal or otherwise, any added poisonous or added deleterious substance that in the judgment of the commissioner makes the meat or poultry product unfit for human food;
     (1)(c) contains, in whole or in part, a raw agricultural commodity and that commodity bears or contains a pesticide chemical that is unsafe within the meaning of Utah Code 4-32-105
Adulterated: means any dairy product that:
     (1)(a) contains any poisonous or deleterious substance that may render it injurious to health;
     (1)(b) has been produced, prepared, packaged, or held:
          (1)(b)(i) under unsanitary conditions;
          (1)(b)(ii) where it may have become contaminated; or
          (1)(b)(iii) where it may have become diseased or injurious to health;
     (1)(c) contains any food additive that is unsafe within the meaning of Utah Code 4-3-102
Advertisement: means a representation, other than by labeling, made to induce the purchase of food. See Utah Code 4-5-102
Advertisement: means any representation made relative to seeds, plants, bulbs, or ground stock other than those on the label of a seed container, disseminated in any manner. See Utah Code 4-16-102
advertising: means information provided by a person in any medium:
(2)(a) to the public; and
(2)(b) that is not age restricted to an individual who is at least 21 years old. See Utah Code 4-41a-102
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.
Advisory board: means the Medical Cannabis Policy Advisory Board created in Section 26B-1-435. See Utah Code 4-41a-102
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.
Agency: means a place of business of a foreign depository institution located in this state that is authorized to exercise the powers permitted in Section 7-18a-301. See Utah Code 7-18a-102
Agent: means a person who, on behalf of a dealer, purchaser, or livestock market, as defined in Section 4-30-102, solicits or negotiates the consignment or purchase of livestock. See Utah Code 4-7-103
Agricultural crops: means any product of cultivation;

(2) "Board" means the Agricultural and Wildlife Damage Prevention Board;

(3) "Bounty" means the monetary compensation paid to persons for the harvest of predatory or depredating animals;

(4) "Damage" means any injury or loss to livestock, poultry, agricultural crops, or wildlife inflicted by predatory or depredating animals or depredating birds;

(5) "Depredating animal" means a field mouse, gopher, ground squirrel, jack rabbit, raccoon, or prairie dog;

(6) "Depredating bird" means a Brewer's blackbird or starling;

(7) "Livestock" means cattle, horses, mules, sheep, goats, and swine;

(8) "Predatory animal" means any coyote; and

(9) "Wildlife" means any form of animal life generally living in a state of nature, except a predatory animal or a depredating animal or bird. See Utah Code 4-23-103

Agricultural discharge: means the release of agriculture water from the property of a farm, ranch, or feedlot that:

(1)(a)(i) pollutes a surface body of water, including a stream, lake, pond, marshland, watercourse, waterway, river, ditch, or other water conveyance system;

(1)(a)(ii) pollutes ground water; or

(1)(a)(iii) constitutes a significant nuisance to urban land. See Utah Code 4-18-103

Agricultural enterprise: means the same as that term is defined in Section 78B-4-512. See Utah Code 4-2-1001

Agricultural land: means "land in agricultural use" as defined in Section 59-2-502. See Utah Code 4-46-102

Agricultural operation: means a farm, ranch, or animal feeding operation. See Utah Code 4-18-103

Agricultural operation: includes :

(1)(b)(i) the real property where the commercial production described in Subsection (1)(a) occurs;

(1)(b)(ii) a facility, a property, or equipment used to facilitate the commercial production described in Subsection (1)(a);

(1)(b)(iii) an agritourism activity, as defined in Section 78B-4-512; or

(1)(b)(iv) an agricultural protection area established under Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas. See Utah Code 4-44-102

Agricultural seed: includes :

(2)(a) grass, forage, cereal, oil, fiber, and other kinds of crop seed commonly recognized within this state as agricultural seed;

(2)(b) lawn seed;

(2)(c) combinations of the seed described in Subsections (2)(a) and (2)(b); and

(2)(d) noxious weed seed, if the department determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that a noxious weed seed is being used as agricultural seed. See Utah Code 4-16-102

Agriculture water: means :

(3)(a) water used by a farm, ranch, or feedlot for the production of food, fiber, or fuel;

(3)(b) the return flow of water from irrigated agriculture; or

(3)(c) agricultural storm water runoff. See Utah Code 4-18-103

Agritourism activity: means the same as that term is defined in Section 78B-4-512. See Utah Code 4-2-1001

Albumen: means the white of an egg. See Utah Code 4-4-103

Allegation: something that someone says happened.

Alternate: means a substitute for a district supervisor if the district supervisor cannot attend a meeting. See Utah Code 4-18-103

Amenable species: means :

(2)(a) livestock, including cattle, sheep, goats, swine, or equine; or

(2)(b) poultry, including a domesticated chicken, turkey, duck, goose, guinea, ratite, or squab. See Utah Code 4-32-105

Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.

Animal: means all vertebrate or invertebrate species. See Utah Code 4-14-102

Animal: means a domesticated or captive mammalian or avian species. See Utah Code 4-32-105

Animal feeding operation: means a facility where animals, other than aquatic animals, are stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period. See Utah Code 4-18-103

Animal remedy: means a remedy that:

(2)(a)(i) is not used for food or cosmetic purposes; and

(2)(a)(ii) is prepared or compounded for animal use. See Utah Code 4-12-102

Animal shelter: means the same as that term is defined in Section 11-46-102. See Utah Code 4-2-901

Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. ^{Source: FDIC}

Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.

Antemortem inspection: means an inspection of a live animal immediately before slaughter. See Utah Code 4-32-105

Antemortem inspection: means the inspection of live domesticated game immediately before slaughter. See Utah Code 4-32a-201

Apiary: means any place where one or more colonies of bees are located. See Utah Code 4-11-102

Apiary equipment: means hives, supers, frames, veils, gloves, or other equipment used to handle or manipulate bees, honey, wax, or hives. See Utah Code 4-11-102

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.

Appliance: means any apparatus, tool, machine, or other device used to handle or manipulate bees, wax, honey, or hives. See Utah Code 4-11-102

Applicant: means a person filing an application for a license under this chapter. See Utah Code 7-25-102

Appraisal: A determination of property value.

Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization

Aquaculture: means the controlled cultivation of aquatic animals. See Utah Code 4-37-103

Aquaculture facility: means any tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture. See Utah Code 4-37-103

Aquatic animal: includes a gamete of any species listed in Subsection (3)(a). See Utah Code 4-37-103

Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5

Arrest: Taking physical custody of a person by lawful authority.

Article: means bedding, upholstered furniture, quilted clothing, or filling material. See Utah Code 4-10-102

Artificially derived cannabinoid: means a chemical substance that is created by a chemical reaction that changes the molecular structure of any chemical substance derived from the cannabis plant. See Utah Code 4-41a-102

Artist: means a practitioner in the visual arts, generally recognized by critics and the artist's peers as a professional who is committed to producing high quality work on a regular basis, and who is not the project architect or a member of the project's architectural firm. See Utah Code 9-6-403

Arts: includes traditional, folk, classical, ethnic, contemporary, and other art forms. See Utah Code 9-6-102

Arts and museums board: means the Utah Arts and Museums Advisory Board created in Section 9-6-301. See Utah Code 9-6-102

Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.

Association: means a group of persons that:

(1)(a)(i) constitute the members of a formal association organized for:

(1)(a)(i)(A) an identifiable interest;

(1)(a)(i)(B) an identifiable purpose;

(1)(a)(i)(C) a specific profession; or

(1)(a)(i)(D) a specific occupation; or

(1)(a)(ii) are employed by a common employer. See Utah Code 7-9-3

Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.

Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.

Authorized agent: means a person designated by the licensee under this chapter to sell or issue payment instruments or engage in the business of transmitting money on behalf of a licensee. See Utah Code 7-25-102

Automated teller machine: means an electronic information processing device that:

(1)(a) is readily accessible to the general public; and

(1)(b) on behalf of an issuer:

(1)(b)(i) dispenses currency or coin; or

(1)(b)(ii) accepts deposits or payments. See Utah Code 7-16a-102

Bank: means a person authorized under the laws of this state, another state, or the United States to accept deposits from the public. See Utah Code 7-1-103

Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.

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

Bee: means the common honey bee, Apis mellifera, at any stage of development. See Utah Code 4-11-102

Beekeeper: includes an apiarist. See Utah Code 4-11-102

Beneficial substances or compounds: means a substance or compound other than primary, secondary, and micro plant nutrients that can be demonstrated by scientific research to be beneficial to one or more species of plants when applied exogenously. See Utah Code 4-13-102

Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}

Bequest: Property gifted by will.

Best management practices: means practices, including management policies and the use of technology, used by each sector of agriculture in the production of food and fiber that are commonly accepted practices, or that are at least as effective as commonly accepted practices, and that:

(6)(a) protect the environment;

(6)(b) protect human health;

(6)(c) ensure the humane treatment of animals; and

(6)(d) promote the financial viability of agricultural production. See Utah Code 4-18-103

Biostimulant: means a product containing naturally-occurring substances and microbes that are used to stimulate plant growth, enhance resistance to plant pests, and reduce abiotic stress. See Utah Code 4-13-102

Black rot: means the egg has deteriorated to such an extent that the whole interior presents a blackened appearance. See Utah Code 4-4-103

Black spot: means mold or bacteria have developed in isolated areas inside the shell. See Utah Code 4-4-103

Blender: means a person engaged in the business of blending or mixing fertilizer, soil amendments, or both. See Utah Code 4-13-102

Blockchain: means an electronic method of storing data that is:

(3)(a) maintained by consensus of multiple unaffiliated parties;

(3)(b) distributed across multiple locations; and

(3)(c) mathematically verified. See Utah Code 7-25-102

Blockchain token: means an electronic record that is:

(4)(a) recorded on a blockchain; and

(4)(b) capable of being traded between persons without an intermediary. See Utah Code 7-25-102

Blood ring: means bacteria have developed to such an extent that blood is formed. See Utah Code 4-4-103

board: means the Cannabis Production Establishment and Pharmacy Licensing Advisory Board created in Section Utah Code 4-41a-102

Board: means the Land Conservation Board established in Section 4-46-201. See Utah Code 4-46-102

Board: means the State Library Board created in Section 9-7-204. See Utah Code 9-7-101

Board executive committee: means the executive committee of the Agricultural Advisory Board created in Section 4-2-108. See Utah Code 4-2-502

Borrower: means any person who becomes obligated on a real estate loan at the time of origination of such loan and includes mortgagors, trustors under trust deeds and vendees under conditional land sales contracts. See Utah Code 7-17-2

Branch: means a place of business of a financial institution, other than its main office, at which deposits are received and paid. See Utah Code 7-1-103

Branch: when used in reference to a foreign depository institution, means a place of business of a foreign depository institution located in this state that is authorized to exercise the powers permitted in Section 7-18a-301. See Utah Code 7-18a-102

Brand: means a term, design, or trade mark used in connection with one or several grades of fertilizer or soil amendment. See Utah Code 4-13-102

Brand: means an identifiable mark, including a tattoo or cutting and shaping of the ears or brisket area, applied to livestock that is intended to show ownership and the mark's location. See Utah Code 4-24-102

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

Broker: means any person engaged in the business of buying and selling meat or poultry products other than for the person's own account. See Utah Code 4-32-105

Bulk fertilizer: means fertilizer delivered to the purchaser either in solid or liquid state in a non-packaged form to which a label cannot be attached. See Utah Code 4-13-102

Business: means a private enterprise carried on for the purpose of gain or economic profit. See Utah Code 7-27-101

Business of cashing checks: means cashing a check for consideration. See Utah Code 7-23-102

Business of deferred deposit lending: means extending a deferred deposit loan. See Utah Code 7-23-102

Business purpose transaction: means a transaction from which the resulting proceeds that a business receives are:

(4)(a)(i) provided to the business; or

(4)(a)(ii) intended to be used to carry on the business. See Utah Code 7-27-101

Business trust: means an entity engaged in a trade or business that is created by a declaration of trust that transfers property to trustees, to be held and managed by them for the benefit of persons holding certificates representing the beneficial interest in the trust estate and assets. See Utah Code 7-5-1

Cage-free housing system: includes , to the extent the system is a system described in Subsection (1)(a) and is not excluded by Subsection (1)(c), a multi-tiered aviary, partially slatted system, single-level all-litter floor system, and any future system that is a system described in Subsection (1)(a) and is not excluded by Subsection (1)(c). See Utah Code 4-4a-102

Candling: means the act of determining the condition of an egg by holding it before a strong light in such a way that the light shines through the egg and reveals the egg's contents. See Utah Code 4-4-103

Cannabinoid processor license: means a license that the department issues to a person for the purpose of processing a cannabinoid product. See Utah Code 4-41-102

Cannabinoid product: means a product that:

(6)(a) contains or is represented to contain one or more naturally occurring cannabinoids;

(6)(b) contains less than the cannabinoid product THC level, by dry weight;

(6)(c) contains a combined amount of total THC and any THC analog that does not exceed 10% of the total cannabinoid content;

(6)(d) does not exceed a total of THC and any THC analog that is greater than:

(6)(d)(i) 5 milligrams per serving; and

(6)(d)(ii) 150 milligrams per package; and

(6)(e) unless the product is in an oil based suspension, has a serving size that:

(6)(e)(i) is an integer; and

(6)(e)(ii) is a discrete unit of the cannabinoid product. See Utah Code 4-41-102

Cannabinoid product class: means a group of cannabinoid products that:

(7)(a) have all ingredients in common; and

(7)(b) are produced by or for the same company. See Utah Code 4-41-102

Cannabis: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41-102

Cannabis: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102

Cannabis concentrate: means :

(8)(a) the product of any chemical or physical process applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in the biomass; and

(8)(b) any amount of a natural cannabinoid or artificially derived cannabinoid in an artificially derived cannabinoid's purified state. See Utah Code 4-41a-102

Cannabis cultivation byproduct: means any portion of a cannabis plant that is not intended to be sold as a cannabis plant product. See Utah Code 4-41a-102

Cannabis cultivation facility: means a person that:

(10)(a) possesses cannabis;

(10)(b) grows or intends to grow cannabis; and

(10)(c) sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis processing facility, or a medical cannabis research licensee. See Utah Code 4-41a-102

Cannabis cultivation facility agent: means an individual who

holds a valid cannabis production establishment agent registration card with a cannabis cultivation facility designation. See Utah Code 4-41a-102

Cannabis derivative product: means a product made using cannabis concentrate. See Utah Code 4-41a-102

Cannabis plant product: means any portion of a cannabis plant intended to be sold in a form that is recognizable as a portion of a cannabis plant. See Utah Code 4-41a-102

Cannabis processing facility: means a person that:

(14)(a) acquires or intends to acquire cannabis from a cannabis production establishment;

(14)(b) possesses cannabis with the intent to manufacture a cannabis product;

(14)(c) manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract; and

(14)(d) sells or intends to sell a cannabis product to a medical cannabis pharmacy or a medical cannabis research licensee. See Utah Code 4-41a-102

Cannabis processing facility agent: means an individual who

holds a valid cannabis production establishment agent registration card with a cannabis processing facility designation. See Utah Code 4-41a-102

Cannabis product: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102

Cannabis production establishment: means a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory. See Utah Code 4-41a-102

Cannabis production establishment agent: means a cannabis cultivation facility agent, a cannabis processing facility agent, or an independent cannabis testing laboratory agent. See Utah Code 4-41a-102

Cannabis production establishment agent registration card: means a registration card that the department issues that:

(19)(a) authorizes an individual to act as a cannabis production establishment agent; and

(19)(b) designates the type of cannabis production establishment for which an individual is authorized to act as an agent. See Utah Code 4-41a-102

Cannabis Research Review Board: means the Cannabis Research Review Board created in Section 26B-1-420. See Utah Code 4-41a-102

Capable of use as human food: means any animal carcass, or part or product of a carcass, unless it is denatured or otherwise identified as required by rules of the department to deter the carcass or product's use as human food. See Utah Code 4-32-105

Capital and surplus: means :

(2)(a) shares;

(2)(b) deposits;

(2)(c) reserves; and

(2)(d) undivided earnings. See Utah Code 7-9-3

Carcass: means any part of the body of an animal, including entrails and edible meats. See Utah Code 4-24-102

CBD: means the cannabinoid identified as CAS# 13956-29-1. See Utah Code 4-41-102

Certificate: means a document allowing a person to market milk. See Utah Code 4-3-102

Certified agricultural operation: means an agricultural operation that is certified under the Utah Agriculture Certificate of Environmental Stewardship Program in accordance with Section 4-18-107. See Utah Code 4-18-103

Certified applicator: means an individual who is licensed by the department to apply:

(5)(a) a restricted use pesticide; or

(5)(b) a general use pesticide for hire or in exchange for compensation. See Utah Code 4-14-102

Certified conservation planner: means a planner of a state conservation district, or other qualified planner, that is approved by the commission to certify an agricultural operation under the Utah Agriculture Certificate of Environmental Stewardship Program, created in Section 4-18-107. See Utah Code 4-18-103

Certified qualified applicator: means a certified applicator who is eligible to act as a qualifying party. See Utah Code 4-14-102

Certifying agency: means :

(5)(a) an agency authorized under the laws of a state, territory, or possession to officially certify seed and that has standards and procedures approved by the United States Secretary of Agriculture to assure the genetic purity and identity of the seed certified; or

(5)(b) an agency of a foreign country determined by the United States Secretary of Agriculture to adhere to procedures and standards for seed certification. See Utah Code 4-16-102

Check: means a payment instrument on a depository institution including a:

(1)(a)(i) check;

(1)(a)(ii) draft;

(1)(a)(iii) order; or

(1)(a)(iv) other instrument. See Utah Code 7-15-1

Check: is a s defined in Section 70A-3-104. See Utah Code 7-23-102

Check casher: means a person that engages in the business of cashing checks. See Utah Code 7-23-102

City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5

Closed-door medical cannabis pharmacy: means a facility operated by a home delivery medical cannabis pharmacy for delivering cannabis or a medical cannabis product. See Utah Code 4-41a-102

Coated seed: means seed that has been covered by a layer of materials that obscure the original shape and size of the seed resulting in an increase of the weight of the seed. See Utah Code 4-16-102

Colony: means an aggregation of bees in any type of hive that includes queens, workers, drones, or brood. See Utah Code 4-11-102

Colorado River Salinity Offset Program: means a program, administered by the Division of Water Quality, allowing oil, gas, or mining companies and other entities to provide funds to finance salinity reduction projects in the Colorado River Basin by purchasing salinity credits as offsets against discharges made by the company under permits issued by the Division of Water Quality. See Utah Code 4-18-201

Commercial feed: means all materials that are distributed for use as feed or for mixing in feed. See Utah Code 4-12-102

Commercial financing transaction: means a business purpose transaction:

(5)(a) under which a person extends a business a commercial loan or a commercial open-end credit plan; or

(5)(b) that is an accounts receivable purchase transaction. See Utah Code 7-27-101

Commercial loan: means a loan to a business, regardless of whether the loan is secured. See Utah Code 7-27-101

Commercial open-end credit plan: means commercial financing extended to a business on terms under which:

(7)(a) the creditor reasonably contemplates repeat transactions; and

(7)(b) subject to any limit set by the creditor, the amount of financing that the creditor may extend to the business during the term of the plan is made available to the extent that any outstanding balance is repaid. See Utah Code 7-27-101

Commission: means the county legislative body of each county of this state. See Utah Code 4-17-102

Commission: means the Conservation Commission created in Section 4-18-104. See Utah Code 4-18-103

Commission: means the Utah Dairy Commission. See Utah Code 4-22-102

Commission: means the Utah Horse Racing Commission created by this chapter. See Utah Code 4-38-102

Commission: means the Conservation Commission created in Section 4-18-104. See Utah Code 4-18-302

Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109

Commissioner: means the commissioner of agriculture and food or the commissioner's representative. See Utah Code 4-17-102

Commissioner: includes a person authorized by the commissioner to carry out the provisions of this chapter. See Utah Code 4-32-105

Commissioner: means the commissioner of the department. See Utah Code 4-45-102

Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103

Commissioner: means the commissioner of agriculture and food or the commissioner's designee. See Utah Code 4-18-302

Community location: means a public or private elementary or secondary school, a church, a public library, a public playground, or a public park. See Utah Code 4-41a-102

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Complete record: includes seed samples and records of declarations, labels, purchases, sales, conditioning, bulking, treatment, handling, storage, analyses, tests, and examinations. See Utah Code 4-16-102

Conditioning: means drying, cleaning, scarifying, and other operations that:

(8)(a) could change the purity or germination of a seed; and

(8)(b) require a seed lot to be retested to determine the label information. See Utah Code 4-16-102

Conservation commission: means the Conservation Commission created in Section 4-18-104. See Utah Code 4-46-102

Conservation district: means a limited purpose local government entity created under Title 17D, Chapter 3, Conservation District Act. See Utah Code 4-46-102

Consignor: means a person who ships or delivers livestock to a dealer for handling or sale. See Utah Code 4-7-103

Consumer: means a person who purchases, rents, or leases an article for the article's intended, everyday use. See Utah Code 4-10-102

Consumer commodity: means a food, as defined by this chapter, or by the federal act. See Utah Code 4-5-102

Contaminated: means not securely protected from dust, dirt, or foreign or injurious agents. See Utah Code 4-5-102

Continuance: Putting off of a hearing ot trial until a later time.

Contract: A legal written agreement that becomes binding when signed.

Contract feeder: means a person who:

(5)(a) is an independent contractor; and

(5)(b) in accordance with the terms of a contract:

(5)(b)(i) is provided commercial feed;

(5)(b)(ii) feeds the commercial feed to an animal; and

(5)(b)(iii) receives remuneration that is calculated in whole or in part by feed consumption, mortality, profit, product amount, or product quality. See Utah Code 4-12-102

Contracting agency: means the state agency which is responsible for supervising the principal user of a state building or facility. See Utah Code 9-6-403

control: means the power, directly or indirectly, or through or in concert with one or more persons, to:

(5)(a) direct or exercise a controlling influence over:

(5)(a)(i) the management or policies of a financial institution; or

(5)(a)(ii) the election of a majority of the directors or trustees of an institution; or

(5)(b) vote 25% or more of any class of voting securities of a financial institution. See Utah Code 7-1-103

Controlling the pollination: means to use a method of hybridization that will produce pure seed that is at least 75% hybrid seed. See Utah Code 4-16-102

Conviction: A judgement of guilt against a criminal defendant.

Corporate credit union: means any credit union organized pursuant to any state or federal act for the purpose of serving other credit unions. See Utah Code 7-9-3

Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

Correct: means conformance to applicable requirements of this chapter. See Utah Code 4-9-102

Council: means the Utah Beef Council created in Section 4-21-103. See Utah Code 4-21-102

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

County noxious weed: means any plant that is:

(3)(a) not on the state noxious weed list;

(3)(b) especially troublesome in a particular county; and

(3)(c) declared by the county legislative body to be a noxious weed within the county. See Utah Code 4-17-102

Covered financial institution: means any of the following that operate in the state:

(2)(a) a state or federally chartered:

(2)(a)(i) bank;

(2)(a)(ii) savings and loan association;

(2)(a)(iii) savings bank;

(2)(a)(iv) industrial bank;

(2)(a)(v) credit union;

(2)(a)(vi) trust company; or

(2)(a)(vii) depository institution; or

(2)(b) a financial institution. See Utah Code 7-26-102

Cow-share program: means a program in which a person acquires an undivided interest in a milk producing hoofed mammal through an agreement with a producer that includes:

(3)(a) a bill of sale for an interest in the mammal;

(3)(b) a boarding arrangement under which the person boards the mammal with the producer for the care and milking of the mammal and the boarding arrangement and bill of sale documents remain with the program operator;

(3)(c) an arrangement under which the person receives raw milk for personal use not to be sold or distributed in a retail environment or for profit; and

(3)(d) no more than two cows, 10 goats, and 10 sheep per farm in the program. See Utah Code 4-3-102

Credit reporting agency: includes any co-operative credit reporting agency maintained by an association of financial institutions or one or more associations of merchants. See Utah Code 7-14-1

Credit union: means a cooperative, nonprofit association incorporated under:

(6)(a) Chapter 9, Utah Credit Union Act; or

(6)(b) Utah Code 7-1-103

Credit union service organization: means an entity:

(4)(a) that provides any of the services listed in Subsection 7-9-59(2); and

(4)(b) in which a credit union organized under this chapter holds an ownership interest. See Utah Code 7-9-3

Cultivation space: means , quantified in square feet, the horizontal area in which a cannabis cultivation facility cultivates cannabis, including each level of horizontal area if the cannabis cultivation facility hangs, suspends, stacks, or otherwise positions plants above other plants in multiple levels. See Utah Code 4-41a-102

Custom blend: means a fertilizer blended according to specification provided to a blender in a soil test nutrient recommendation or to meet the specific consumer request before blending. See Utah Code 4-13-102

Custom exempt processing: means processing meat, wild game, amenable species, or nonamenable species as a service for the person who owns the meat, wild game, amenable species, or nonamenable species, if the person:

(10)(a) uses the meat, meat food products, slaughtered amenable species, wild game, or slaughtered nonamenable species for the person's own consumption, including consumption by immediate family members and nonpaying guests; or

(10)(b) offers the slaughtered nonamenable species for wholesale or retail sale. See Utah Code 4-32-105

Custom exempt slaughter: includes farm custom slaughter. See Utah Code 4-32-105

Customer: means a user of a device for access. See Utah Code 7-16a-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

Dairy product: means any product derived from raw or pasteurized milk. See Utah Code 4-3-102

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Dealer: includes :

(3)(b)(i) a livestock dealer; and

(3)(b)(ii) a person who owns or leases a feedlot. See Utah Code 4-7-103

Dealer: means any person who buys and processes raw milk or milk fat, or who acts as agent in the sale or purchase of raw milk or milk fat, or who acts as a broker or factor with respect to raw milk or milk fat or any product derived from either. See Utah Code 4-22-102

Decedent: A deceased person.

Deed: The legal instrument used to transfer title in real property from one person to another.

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Deferred deposit lender: means a person that engages in the business of deferred deposit lending. See Utah Code 7-23-102

Deferred deposit loan: means a transaction where:

(7)(a) a person:

(7)(a)(i) presents to a deferred deposit lender a check written on that person's account; or

(7)(a)(ii) provides written or electronic authorization to a deferred deposit lender to effect a debit from that person's account using an electronic payment; and

(7)(b) the deferred deposit lender:

(7)(b)(i) provides the person described in Subsection (7)(a) an amount of money that is equal to the face value of the check or the amount of the debit less any fee or interest charged for the transaction; and

(7)(b)(ii) agrees not to cash the check or process the debit until a specific date. See Utah Code 7-23-102

Deficiency: means the amount of nutrient found by analysis to be less than that guaranteed. See Utah Code 4-13-102

Defoliant: means a substance or mixture intended to cause leaves or foliage to drop from a plant, with or without causing abscission. See Utah Code 4-14-102

Delivery address: means :

(23)(a) for a medical cannabis cardholder who is not a facility:

(23)(a)(i) the medical cannabis cardholder's home address; or

(23)(a)(ii) an address designated by the medical cannabis cardholder that:

(23)(a)(ii)(A) is the medical cannabis cardholder's workplace; and

(23)(a)(ii)(B) is not a community location; or

(23)(b) for a medical cannabis cardholder that is a facility, the facility's address. See Utah Code 4-41a-102

Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109

Department: means the Department of Agriculture and Food. See Utah Code 4-35-102

Department: means the Department of Agriculture and Food created in Section 4-2-102. See Utah Code 4-45-102

Department: means the Department of Financial Institutions. See Utah Code 7-1-103

Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102

Department: means the Utah Department of Agriculture and Food created in Section 4-2-102. See Utah Code 4-21-102

Department: means the Department of Agriculture and Food. See Utah Code 4-41a-102

Dependent: A person dependent for support upon another.

Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.

Depository institution: means any institution authorized by state or federal law to accept and hold demand deposits or other accounts which may be used to effect third party payment transactions. See Utah Code 7-14-1

Depository institution: means a bank, savings and loan association, savings bank, industrial bank, credit union, or other institution that:

(8)(a) holds or receives deposits, savings, or share accounts;

(8)(b) issues certificates of deposit; or

(8)(c) provides to its customers other depository accounts that are subject to withdrawal by checks, drafts, or other instruments or by electronic means to effect third party payments. See Utah Code 7-1-103

Depository institution holding company: means :

(9)(a)(i) a person other than an individual that:

(9)(a)(i)(A) has control over a depository institution; or

(9)(a)(i)(B) becomes a holding company of a depository institution under Section 7-1-703; or

(9)(a)(ii) a person other than an individual that the commissioner finds, after considering the specific circumstances, is exercising or is capable of exercising a controlling influence over a depository institution by means other than those specifically described in this section. See Utah Code 7-1-103

Deposits: means that portion of the capital paid into the credit union by members on which a specified rate of interest will be paid. See Utah Code 7-9-3

Derivation: means the source from which the guaranteed nutrients are derived. See Utah Code 4-13-102

Desiccant: means a substance or mixture intended to artificially accelerate the drying of plant or animal tissue. See Utah Code 4-14-102

Development: includes :

(3)(a) constructing, expanding, or repairing a museum or other facility that houses arts or cultural presentations;

(3)(b) providing for public information, preservation, and access to museums, the arts, and the cultural heritage of the state; and

(3)(c) supporting the professional development of artists, cultural administrators, and cultural leaders within the state. See Utah Code 9-6-102

Device for access: means a card, code, or other means of access to a customer's account, or any combination of these, that may be used to deposit or withdraw cash through an automated teller machine. See Utah Code 7-16a-102

Devise: To gift property by will.

Digital library: means the web-accessible digital library of state publications created under Section 9-7-208. See Utah Code 9-7-101

Director: means the director of the Division of Conservation. See Utah Code 4-46-102

Director: means the director of the Division of Arts and Museums. See Utah Code 9-6-102

Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.

Disease: means any infectious or contagious disease affecting bees, as specified by the department, including American foulbrood. See Utah Code 4-11-102

Distribute: means to:

(7)(a) offer for sale, sell, exchange, or barter commercial feed; or

(7)(b) supply, furnish, or otherwise provide commercial feed to a contract feeder. See Utah Code 4-12-102

Distribute: means to import, consign, manufacture, produce, compound, mix, blend, or to offer for sale, sell, barter, or supply fertilizer or soil amendments in the state. See Utah Code 4-13-102

Distribute: means to offer for sale, sell, barter, ship, deliver for shipment, receive, deliver, or offer to deliver pesticides in this state. See Utah Code 4-14-102

Distributor: means a person who distributes. See Utah Code 4-13-102

Distributor: means any person who distributes a dairy product. See Utah Code 4-3-102

Division: means the Division of Conservation created in Section 4-46-401. See Utah Code 4-46-102

Division: means the Division of Arts and Museums. See Utah Code 9-6-102

Division: means the State Library Division. See Utah Code 9-7-101

Domesticated elk: means the same as that term is defined in Section 4-39-102. See Utah Code 4-24-102

Domesticated elk: means elk of the genus and species cervus elaphus, held in captivity and domestically raised for commercial purposes. See Utah Code 4-39-102

Domesticated elk facility: includes an elk ranch. See Utah Code 4-39-102

Domesticated game: means one of the following that is commercially raised for wholesale or retail sale to a restaurant, store, or end consumer:

(2)(a) a domesticated elk;

(2)(b) a bison;

(2)(c) a game bird; or

(2)(d) a rabbit. See Utah Code 4-32a-201

Domesticated game carcass: means any part of the slaughtered body of domesticated game, including entrails and edible meats. See Utah Code 4-32a-201

Domesticated game slaughter: means the slaughter of domesticated game that is not regulated under Chapter 32, Utah Meat and Poultry Products Inspection and Licensing Act. See Utah Code 4-32a-201

Donee: The recipient of a gift.

Donor: The person who makes a gift.

Dormant: means viable seed, excluding hard seed, that fail to germinate when provided the specified germination conditions for the kind of seed in question. See Utah Code 4-16-102

Drug: means any article intended:

(8)(a) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans; and

(8)(b) to affect the structure or any function of the animal body, unless the article is feed. See Utah Code 4-12-102

Education loan: means a loan received for education at a domestic or foreign institution of higher education, including a school or college of veterinary medicine. See Utah Code 4-2-901

Egg-laying hen: means a female domesticated chicken kept for the purpose of commercial egg production. See Utah Code 4-4a-102

Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}

Electronic information processing device: means equipment activated by a device for access that transmits electronic impulses to a depository institution on a real-time or delayed-time basis. See Utah Code 7-16a-102

Electronic payment: includes a payment made through:

(8)(b)(i) an automated clearing house transaction;

(8)(b)(ii) an electronic check;

(8)(b)(iii) a stored value card; or

(8)(b)(iv) an Internet transfer. See Utah Code 7-23-102

Eligible entities: means public, governmental, and private entities, including:

(6)(a) conservation districts;

(6)(b) producers;

(6)(c) groups of producers;

(6)(d) producer groups;

(6)(e) producer cooperatives;

(6)(f) water conservancy districts;

(6)(g) American Indian Tribes;

(6)(h) nonprofit entities;

(6)(i) academic or research institutions and subdivisions of these institutions;

(6)(j) the United States or any corporation or agency created or designed by the United States; or

(6)(k) the state or any of the state's agencies or political subdivisions. See Utah Code 4-18-302

Elk ranch: means a facility where domesticated elk are harvested through typical hunting methods. See Utah Code 4-39-102

Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}

Enclosure: means a structure used to confine an egg-laying hen. See Utah Code 4-4a-102

End consumer: means a household consumer, restaurant, institution, or any other person who has purchased or received shell eggs for consumption. See Utah Code 4-4-103

End consumer: means an individual who:

(5)(a) purchases a product directly from an agricultural operation or a facility licensed to perform custom exempt processing, as defined in Section 4-32-105; and

(5)(b) does not resell the purchased product. See Utah Code 4-32a-201

Endowment fund: means any endowment fund created under this chapter by a qualifying organization. See Utah Code 9-6-501

Environment: means all living plants and animals, water, air, land, and the interrelationships that exist between them. See Utah Code 4-14-102

Environmental benefits: means benefits to natural and agricultural resources and human health, including:

(7)(a) improved air quality;

(7)(b) surface or ground water quality and quantity;

(7)(c) improved soil health, including nutrient cycling, soil fertility, or drought resilience;

(7)(d) reductions in agricultural inputs;

(7)(e) carbon sequestration or climate resilience;

(7)(f) increased biodiversity; or

(7)(g) improved nutritional quality of agricultural products. See Utah Code 4-18-302

EPA: means the United States Environmental Protection Agency. See Utah Code 4-14-102

Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5

Equal Credit Opportunity Act: Prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives income from a public assistance program. ^{Source: OCC}

Equipment: means any type of ground, water, or aerial equipment or contrivance using motorized, mechanical, or pressurized power to apply a pesticide. See Utah Code 4-14-102

Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}

Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}

Escrow: Money given to a third party to be held for payment until certain conditions are met.

Escrow: means an agreement, express or implied, that provides for one or more parties to deliver or entrust money, a certificate of deposit, a security, a negotiable instrument, a deed, or other property or asset to another person to be held, paid, or delivered in accordance with terms and conditions prescribed in the agreement. See Utah Code 7-22-101

Escrow agent: means a person that provides or offers to provide escrow services to the public. See Utah Code 7-22-101

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 of Cultural and Community Engagement. See Utah Code 9-1-102

Executive director: means the executive director of the commission. See Utah Code 4-38-102

Executive officer: means the licensee's president, chair of the executive committee, executive vice president, treasurer, chief financial officer, or any other person who performs similar functions. See Utah Code 7-25-102

Failing or failed depository institution: means a depository institution under the jurisdiction of the department:

(1)(a) regarding which the commissioner makes a finding that any of the conditions set forth in Subsections 7-2-1(1)(a) through (k) exist;

(1)(b) that meets the requirements of Subsection 7-2-1(1)(l);

(1)(c) whose shareholders have consented to a supervisory action by the commissioner pursuant to Subsection 7-2-1(2); or

(1)(d) which is in the possession of the commissioner, or any receiver or liquidator appointed by the commissioner, pursuant to Chapter 2, Possession of Depository Institution by Commissioner. See Utah Code 7-19-1

Failing or failed depository institution holding company: means a depository institution holding company under the jurisdiction of the department:

(2)(a) regarding which the commissioner makes a finding that any of the conditions set forth in Subsections 7-2-1(1)(a) through (k) exist;

(2)(b) that meets the requirements of Subsection 7-2-1(1)(l);

(2)(c) whose shareholders have consented to a supervisory action by the commissioner pursuant to Subsection 7-2-1(2);

(2)(d) which is in the possession of the commissioner, or any receiver or liquidator appointed by the commissioner, pursuant to Chapter 2, Possession of Depository Institution by Commissioner; or

(2)(e) whose subsidiary depository institution is a failing or failed depository institution. See Utah Code 7-19-1

Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.

Family member: means a parent, step-parent, spouse, child, sibling, step-sibling, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild. See Utah Code 4-41a-102

Farm: means the land, buildings, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food. See Utah Code 4-4a-102

Farm: means an agricultural operation, under management by one entity, that grows or harvests crops. See Utah Code 4-5-102

Farm custom slaughter: means custom exempt slaughtering of an animal, amenable species, or nonamenable species for an owner without official inspection. See Utah Code 4-32-105

Farm custom slaughter license: means a license issued by the department to allow farm custom slaughter. See Utah Code 4-32-105

Farm custom slaughter license: means a farm custom slaughter license issued under Section 4-32-107. See Utah Code 4-32a-201

Farmers market: means a market where a producer of a food product sells only a fresh, raw, whole, unprocessed, and unprepared food item directly to the final consumer. See Utah Code 4-5-102

Father: means a parent who is of the male sex. See Utah Code 68-3-12.5

Federal act: means the Federal Food, Drug, and Cosmetic Act, Utah Code 4-5-102

Federal acts: means :

(17)(a) the Federal Meat Inspection Act, Utah Code 4-32-105

Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}

Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}

Fee fishing facility: means a body of water used for holding or rearing fish for the purpose of providing fishing for a fee or for pecuniary consideration or advantage. See Utah Code 4-37-103

Feed ingredient: means each constituent material in a commercial feed. See Utah Code 4-12-102

Fees: means the revenue collected by the United States secretary of interior from assessments on livestock using public lands. See Utah Code 4-20-102

Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5

Fertilizer: means a substance that contains one or more recognized plant nutrients that is used for the substance's plant nutrient content and is designed for use or claimed to have value in promoting plant growth, exclusive of unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, gypsum, and other products exempted by rule. See Utah Code 4-13-102

Fertilizer material: means a fertilizer that contains:

(13)(a) quantities of no more than one of the primary plant nutrients, nitrogen (N), phosphate (P2O5), Potash (K2O);

(13)(b) 85% plant nutrients in the form of a single chemical compound; or

(13)(c) plant or animal residues or by-products, or a natural material deposit that is processed so that its primary plant nutrients have not been materially changed, except through purification and concentration. See Utah Code 4-13-102

Fiduciary: A trustee, executor, or administrator.

Field of membership: means persons designated as eligible for credit union membership in accordance with:

(6)(a) Section 7-9-51 or 7-9-53; and

(6)(b) the bylaws of the credit union. See Utah Code 7-9-3

FIFRA: means the Federal Insecticide, Fungicide, and Rodenticide Act. See Utah Code 4-14-102

Filled milk: means any milk, cream, or skimmed milk, whether condensed, evaporated, concentrated, powdered, dried, or desiccated, that has fat or oil other than milk fat added, blended, or compounded with it so that the resultant product is an imitation or semblance of milk, cream, or skimmed milk. See Utah Code 4-3-102

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

Financial exploitation: means :

(3)(a) the wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or other property of an individual; or

(3)(b) an act or omission, including through a power of attorney, guardianship, or conservatorship of an individual, to:

(3)(b)(i) obtain control, through deception, intimidation, or undue influence, over the individual's money, assets, or other property to deprive the individual of the ownership, use, benefit, or possession of the individual's money, assets, or other property; or

(3)(b)(ii) convert the individual's money, assets, or other property to deprive the individual of the ownership, use, benefit, or possession of the individual's money, assets, or other property. See Utah Code 7-26-102

Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103

Financial institution holding company: means a person, other than an individual that has control over a financial institution or a person that becomes a financial institution holding company under this chapter, including an out-of-state or foreign depository institution holding company. See Utah Code 7-1-103

Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.

Flower seed: includes the seed of herbaceous plants that are:

(11)(a) grown for their blooms, ornamental foliage, or other ornamental parts; and

(11)(b) commonly known and sold under the name of flower or wildflower seed in this state. See Utah Code 4-16-102

Fodder: means food for livestock. See Utah Code 4-18-103

Food: means :

(3)(a) an article used for food or drink for human or animal consumption or the components of the article;

(3)(b) chewing gum or chewing gum components; or

(3)(c) a food supplement for special dietary use that is necessitated because of a physical, physiological, pathological, or other condition. See Utah Code 4-45-102

Food: means :

(8)(a) an article used for food or drink for human or animal consumption or the components of the article;

(8)(b) chewing gum or chewing gum components; or

(8)(c) a food supplement for special dietary use that is necessitated because of a physical, physiological, pathological, or other condition. See Utah Code 4-5-102

Food additive: includes a substance or source of radiation intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food. See Utah Code 4-5-102

Food establishment: means a grocery store, bakery, candy factory, food processor, bottling plant, sugar factory, cannery, farm, rabbit processor, meat processor, flour mill, cold or dry warehouse storage, or other facility where food products are manufactured, canned, processed, packaged, stored, transported, prepared, sold, or offered for sale. See Utah Code 4-5-102

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}

Foreign depository institution: means a depository institution chartered or authorized to transact business by a foreign government. See Utah Code 7-1-103

Fraud: Intentional deception resulting in injury to another.

Fund: means the Plant Pest Fund created by Section 4-35-106. See Utah Code 4-35-102

Fund: means the LeRay McAllister Working Farm and Ranch Fund created in Section 4-46-301. See Utah Code 4-46-102

Fungus: means a nonchlorophyll-bearing thallophyte or a nonchlorophyll-bearing plant of an order lower than mosses and liverworts, including rust, smut, mildew, mold, yeast, and bacteria. See Utah Code 4-14-102

Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor

Germination: means the emergence and development from the seed embryo of those essential structures that are, for the kind of seed in question, indicative of the ability to produce a normal plant under favorable conditions expressed in whole numbers. See Utah Code 4-16-102

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Government issued photo identification: means the same as that term is defined in Section 26B-4-201, including expired identification in accordance with Section 26B-4-244. See Utah Code 4-41a-102

Governmental entity: means :

(1)(b)(i) the state, including:

(1)(b)(i)(A) a department;

(1)(b)(i)(B) an institution;

(1)(b)(i)(C) a board;

(1)(b)(i)(D) a division;

(1)(b)(i)(E) a bureau;

(1)(b)(i)(F) an office;

(1)(b)(i)(G) a commission;

(1)(b)(i)(H) a committee; or

(1)(b)(i)(I) an elected official; and

(1)(b)(ii) a political subdivision of the state, including:

(1)(b)(ii)(A) a county;

(1)(b)(ii)(B) a city;

(1)(b)(ii)(C) a town;

(1)(b)(ii)(D) a school district;

(1)(b)(ii)(E) a public transit district;

(1)(b)(ii)(F) a redevelopment agency;

(1)(b)(ii)(G) a special improvement district; or

(1)(b)(ii)(H) a taxing district. See Utah Code 7-1-1001

Grade: means the percentage of total nitrogen, available phosphate and soluble potash stated in the same terms, order, and percentages as in the guaranteed analysis. See Utah Code 4-13-102

Grantor: The person who establishes a trust and places property into it.

Grazing district: means an administrative unit of land:

(3)(a) designated by the commissioner as valuable for grazing and for raising forage crops; and

(3)(b) that consists of any combination of the following:

(3)(b)(i) public lands;

(3)(b)(ii) private land;

(3)(b)(iii) state land; and

(3)(b)(iv) school and institutional trust land as defined in Section 53C-1-103. See Utah Code 4-20-102

Guaranteed analysis: means the minimum percentage by weight of plant nutrients claimed in the following order and form:

Total Nitrogen (N)____ percentAvailable Phosphate (P2O5)____ percentSoluble Potash (K2O)____ percent

(15)(b) For unacidulated mineral phosphatic material and basic slag, bone, tankage, and other organic phosphate or degree of fineness may also be guaranteed. See Utah Code 4-13-102

Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}

Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

Guardian: includes a person who:

(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or

(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5

Hard seed: means seed that remains hard at the end of the prescribed germination test period because the seed has not absorbed water due to an impermeable seed coat. See Utah Code 4-16-102

Herbicide: means a substance that is toxic to plants and is used to control or eliminate unwanted vegetation. See Utah Code 4-14-102

Hide: means any skins or wool removed from livestock. See Utah Code 4-24-102

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

Hive: means a frame hive, box hive, box, barrel, log, gum skep, or other artificial or natural receptacle that may be used to house bees. See Utah Code 4-11-102

Home delivery medical cannabis pharmacy: means a medical cannabis pharmacy that the department authorizes, as part of the pharmacy's license, to deliver medical cannabis shipments to a delivery address to fulfill electronic orders that the state central patient portal facilitates. See Utah Code 4-41a-102

Home state: means :

(14)(a) for a state chartered depository institution, the state that charters the institution;

(14)(b) for a federally chartered depository institution, the state where the institution's main office is located; and

(14)(c) for a depository institution holding company, the state in which the total deposits of all depository institution subsidiaries are the largest. See Utah Code 7-1-103

Home-produced: means a pet treat produced in a private home kitchen in the state. See Utah Code 4-12-102

Horse event: means an event in which horses are roped or tripped for the purpose of a specific event or contest. See Utah Code 4-2-502

Horse tripping: means the lassoing or roping of the legs of an equine, or otherwise tripping or causing an equine to fall by any means, for the purpose of entertainment, sport, or contest, or practice for entertainment, sport, or contest. See Utah Code 4-2-502

Host state: means :

(15)(a) for a depository institution, a state, other than the institution's home state, where the institution maintains or seeks to establish a branch; and

(15)(b) for a depository institution holding company, a state, other than the depository institution holding company's home state, where the depository institution holding company controls or seeks to control a depository institution subsidiary. See Utah Code 7-1-103

Hydroponic: means a technique for growing plants without soil. See Utah Code 4-18-103

Immediate container: means any consumer package, or any other container, in which meat or poultry products not consumer packaged are packed. See Utah Code 4-32-105

Immediate family: means parents, spouse, surviving spouse, children, and siblings of the member. See Utah Code 7-9-3

Immediate resale: means the resale of livestock within 60 days of purchase. See Utah Code 4-7-103

Incentives: means monetary incentives, including grants and loans, or non-monetary incentives, including equipment, technical assistance, educational materials, outreach, and market development assistance for market premiums or ecosystem services markets. See Utah Code 4-18-302

Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}

Independent cannabis testing laboratory: includes a laboratory that the department or a research university operates in accordance with Subsection 4-41a-201(14). See Utah Code 4-41a-102

Independent cannabis testing laboratory agent: means an individual who

holds a valid cannabis production establishment agent registration card with an independent cannabis testing laboratory designation. See Utah Code 4-41a-102

Indian country: means the same as that term is defined in Utah Code 4-2-901

Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.

Industrial bank: means a corporation or limited liability company conducting the business of an industrial bank under Chapter 8, Industrial Banks. See Utah Code 7-1-103

Industrial hemp: means any part of a cannabis plant, whether growing or not, with a concentration of less than 0. See Utah Code 4-41-102

Industrial hemp producer registration: means a registration that the department issues to a person for the purpose of processing industrial hemp or an industrial hemp product. See Utah Code 4-41-102

Industrial hemp product: means a product made by processing industrial hemp plants or industrial hemp parts. See Utah Code 4-41-102

Industrial hemp retailer permit: means a permit that the department issues to a retailer who sells any viable industrial hemp seed or cannabinoid product. See Utah Code 4-41-102

Industrial loan company: means the same as that term is defined in Section 7-8-21. See Utah Code 7-1-103

Inert matter: means all matter that is not seed, including broken seeds, sterile florets, chaff, fungus bodies, and stones, as determined by methods defined by rule. See Utah Code 4-16-102

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Inoculant: means a commercial preparation containing nitrogen-fixing bacteria applied to seed. See Utah Code 4-16-102

Insect: means an invertebrate animal generally having a more or less obviously segmented body:

(16)(a) usually belonging to the Class Insecta, comprising six-legged, usually winged forms, including beetles, bugs, bees, and flies; and

(16)(b) allied classes of arthropods that are wingless usually having more than six legs, including spiders, mites, ticks, centipedes, and wood lice. See Utah Code 4-14-102

Insolvent: means the status of a financial institution that is unable to meet its obligations as they mature. See Utah Code 7-1-103

Inspector: means a department employee who is trained in:

(20)(a) humane handling;

(20)(b) antemortem and postmortem inspection;

(20)(c) processing inspection; and

(20)(d) regulatory requirements. See Utah Code 4-32-105

Institution: means :

(19)(a) a corporation;

(19)(b) a limited liability company;

(19)(c) a partnership;

(19)(d) a trust;

(19)(e) an association;

(19)(f) a joint venture;

(19)(g) a pool;

(19)(h) a syndicate;

(19)(i) an unincorporated organization; or

(19)(j) any form of business entity. See Utah Code 7-1-103

Institution subject to the jurisdiction of the department: means an institution or other person described in Section 7-1-501. See Utah Code 7-1-103

Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}

Internet policy: means the public library online access policy required in Section 9-7-215. See Utah Code 9-7-101

Inventory control system: means a system described in Section 4-41a-103. See Utah Code 4-41a-102

Issuer: means a person who makes, draws, signs, or issues a check, whether as corporate agent or otherwise, for the purpose of:

(1)(b)(i) obtaining from any person any money, merchandise, property, or other thing of value; or

(1)(b)(ii) paying for any service, wages, salary, or rent. See Utah Code 7-15-1

Issuer: means :

(5)(a) a depository institution that issues a device for access, whether or not the depository institution is an operator; or

(5)(b) a state or federal governmental agency that issues a device for access that allows a person to receive benefits from or through the state or federal governmental agency. See Utah Code 7-16a-102

Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.

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.

Key participant: means any of the following:

(15)(a) a licensee;

(15)(b) an operation manager;

(15)(c) a site manager; or

(15)(d) an employee who has access to any industrial hemp material with a THC concentration above 0. See Utah Code 4-41-102

Key shareholder: means a person, or group of persons acting in concert, who is the owner of 20% or more of a class of an applicant's stock. See Utah Code 7-25-102

Kind: means one or more related species or subspecies of seed that singly or collectively are known by one common name, for example, corn, oats, alfalfa, and timothy. See Utah Code 4-16-102

Kratom processor: means a person who:

(4)(a) sells, prepares, or maintains a kratom product; or

(4)(b) advertises, represents, or holds oneself out as selling, preparing, or maintaining a kratom product. See Utah Code 4-45-102

Label: means the display of written, printed, or graphic matter upon a tag or upon the immediate container of a bedding, upholstered furniture, quilted clothing, or filling material. See Utah Code 4-10-102

Label: means any written, printed, or graphic matter upon or accompanying a commercial feed. See Utah Code 4-12-102

Label: means the display of the written, printed, or graphic matter upon the immediate container or statement accompanying a fertilizer or soil amendment. See Utah Code 4-13-102

Label: means any written, printed, or graphic matter on, or attached to, a pesticide or a container or wrapper of a pesticide. See Utah Code 4-14-102

Label: means a display of printed or graphic matter upon any meat or poultry product or the immediate container, not including package liners, of any such product. See Utah Code 4-32-105

Label: means a written, printed, or graphic display on the immediate container of an article of food. See Utah Code 4-5-102

Label: includes a representation on an invoice, bill, or letterhead. See Utah Code 4-16-102

Labeling: means the written, printed, or graphic matter upon or accompanying fertilizer or soil amendment, or advertisements, brochures, posters, television and radio announcements used in promoting the sale of fertilizers or soil amendments. See Utah Code 4-13-102

Labeling: means all labels and all other written, printed, or graphic matter:

(18)(a)(i) accompanying a pesticide or equipment; or

(18)(a)(ii) to which reference is made on the label or in literature accompanying a pesticide or equipment. See Utah Code 4-14-102

Labeling: means all labels and other printed or graphic matter:

(22)(a) upon any meat or poultry product or any of its containers or wrappers; or

(22)(b) accompanying a meat or poultry product. See Utah Code 4-32-105

Labeling: means a label and other written, printed, or graphic display:

(12)(a) on an article of food or the article of food's container or wrapper; or

(12)(b) accompanying the article of food. See Utah Code 4-5-102

Labeling: includes a tag or other device attached to, written, stamped, or printed on a container or accompanying a lot of bulk seeds that:

(21)(a) claims to specify the information required on the seed label by this chapter; and

(21)(b) may include other information related to the labeled seed. See Utah Code 4-16-102

Land: means land, water, air, and plants, animals, structures, buildings, contrivances, and machinery appurtenant or situated thereon, whether fixed or mobile, including any used for transportation. See Utah Code 4-14-102

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

Land manager: means a manager of land where agricultural activities occur, including:

(11)(a) a federal land manager;

(11)(b) a lessee of federal, tribal, state, county, municipal, or private land where agricultural activities occur; or

(11)(c) others as the department may determine. See Utah Code 4-18-302

Land use authority: means :

(8)(a) a land use authority, as defined in Section 10-9a-103, of a municipality; or

(8)(b) a land use authority, as defined in Section 17-27a-103, of a county. See Utah Code 4-46-102

Landowner: means an owner of record of federal, tribal, state, county, municipal, or private land where agricultural activities occur. See Utah Code 4-18-302

Law enforcement agency: means the same as that term is defined in Section 53-1-102. See Utah Code 7-26-102

Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}

leases: means the sale or lease, respectively, of isolated or disconnected tracts of public lands by the United States secretary of interior. See Utah Code 4-20-102

Legislative publication: means :

(6)(a) the Utah Code after the legislative staff office prepares an updated Utah Code database incorporating amendments to the Utah Code;

(6)(b) the Laws of Utah; and

(6)(c) the Utah Constitution after the legislative staff office incorporates into the Utah Constitution amendments to the Utah Constitution that passed during the preceding regular general election. See Utah Code 9-7-101

Legislative staff office: means the Office of Legislative Research and General Counsel. See Utah Code 9-7-101

Lender: means any person who regularly makes, extends or holds real estate loans and includes, but is not limited to, mortgagees, beneficiaries under trust deeds and vendors under conditional land sales contracts and who regularly require or maintain reserve accounts. See Utah Code 7-17-2

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

Library board: means the library board of directors appointed locally as authorized by Section 9-7-402 or 9-7-502 and which exercises general policy authority for library services within a city or county of the state, regardless of the title by which the board is known locally. See Utah Code 9-7-101

Licensee: means a person who holds a valid farm custom slaughter license. See Utah Code 4-32-105

Licensee: means a person possessing a cannabinoid processor license that the department issues under this chapter. See Utah Code 4-41-102

Licensee: means a person licensed under this chapter. See Utah Code 7-25-102

Lien: A claim against real or personal property in satisfaction of a debt.

Liquidation: means the act or process of winding up the affairs of an institution subject to the jurisdiction of the department by realizing upon assets, paying liabilities, and appropriating profit or loss, as provided in Chapter 2, Possession of Depository Institution by Commissioner, and Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. See Utah Code 7-1-103

Liquidator: means a person, agency, or instrumentality of this state or the United States appointed to conduct a liquidation. See Utah Code 7-1-103

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Livestock: means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit. See Utah Code 4-1-109

Livestock: means cattle, swine, equines, sheep, camelidae, ratites, bison, goats, and domesticated elk as defined in Section 4-39-102. See Utah Code 4-7-103

Livestock: means cattle, calves, horses, mules, or sheep. See Utah Code 4-24-102

Livestock: means the same as that term is defined in Section 4-1-109. See Utah Code 4-2-901

Livestock dealer: means a person engaged in the business of purchasing livestock for immediate resale or interstate shipment for immediate resale. See Utah Code 4-7-103

Livestock market: means a public market place consisting of pens or other enclosures where cattle, calves, horses, or mules are received on consignment and kept for subsequent sale, either through public auction or private sale. See Utah Code 4-24-102

Loan: means a loan that is made directly by, insured by, or guaranteed under a government program of:

(6)(a) a state;

(6)(b) the United States; or

(6)(c) a foreign government. See Utah Code 4-2-901

Local entity: means a county, city, or town. See Utah Code 4-46-102

Lot: means a definite quantity identified by a combination of numbers, letters, characters, or amount represented by a weight certificate from which every part is uniform within recognized tolerances from which the distributor can be determined. See Utah Code 4-13-102

Lot: means a definite quantity of seed identified by a number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors that appear in the labeling. See Utah Code 4-16-102

Mailed: means the day that a notice is properly deposited in the United States mail. See Utah Code 7-15-1

Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5

Man: means an adult human male. See Utah Code 68-3-12.5

Manufacture: means to make, process, or prepare from new or secondhand material, in whole or in part, a bedding, upholstered furniture, quilted clothing, or filling material for sale. See Utah Code 4-10-102

Manufacture: means to grind, mix, blend, or otherwise process a commercial feed for distribution. See Utah Code 4-12-102

Manufacturer: means any person who processes milk in a way that changes the milk's character. See Utah Code 4-3-102

Marketing agency: means a person who acts as an agent of the seller in the sale of cattle in that the person issues payment to the seller and is entitled to a commission based upon the sale. See Utah Code 4-21-102

Maximum payment value: means the lesser of:

(7)(a) the sum of a qualified veterinarian's education loan balances; or

(7)(b) $20,000. See Utah Code 4-2-901

Meat: means the edible muscle, and other edible parts, of an animal, including edible:

(24)(a) skeletal muscle;

(24)(b) organs;

(24)(c) muscle found in the tongue, diaphragm, heart, or esophagus; and

(24)(d) fat, bone, skin, sinew, nerve, or blood vessel that normally accompanies meat and is not ordinarily removed in processing. See Utah Code 4-32-105

Meat establishment: means a plant or fixed premises used to:

(25)(a) slaughter animals for human consumption; or

(25)(b) process meat or poultry products for human consumption. See Utah Code 4-32-105

Meat product: means any product capable of use as human food that is made wholly or in part from any meat or other part of the carcass of any non-avian animal. See Utah Code 4-32-105

Medical cannabis: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102

Medical cannabis card: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102

Medical cannabis courier: means a courier that:

(34)(a) the department licenses in accordance with Section 4-41a-1201; and

(34)(b) contracts with a home delivery medical cannabis pharmacy to deliver medical cannabis shipments to fulfill electronic orders that the state central patient portal facilitates. See Utah Code 4-41a-102

Medical cannabis courier agent: means an individual who:

(35)(a) is an employee of a medical cannabis courier; and

(35)(b) who holds a valid medical cannabis courier agent registration card. See Utah Code 4-41a-102

Medical cannabis pharmacy: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102

Medical cannabis pharmacy agent: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102

Medical cannabis research license: means a license that the department issues to a research university for the purpose of obtaining and possessing medical cannabis for academic research. See Utah Code 4-41a-102

Medical cannabis research licensee: means a research university that the department licenses to obtain and possess medical cannabis for academic research, in accordance with Section 4-41a-901. See Utah Code 4-41a-102

Medical cannabis shipment: means a shipment of medical cannabis that a home delivery medical cannabis pharmacy or a medical cannabis courier delivers to a delivery address to fulfill an electronic medical cannabis order that the state central patient portal facilitates. See Utah Code 4-41a-102

Medical cannabis treatment: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102

Medicinal dosage form: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102

Member-business loan: means any loan, line of credit, or letter of credit, the proceeds of which will be used for:

(8)(a)(i) a commercial purpose;

(8)(a)(ii) other business investment property or venture purpose; or

(8)(a)(iii) an agricultural purpose. See Utah Code 7-9-3

Misbranded: includes commercial feed that is distributed under the name of another commercial feed. See Utah Code 4-12-102

Misbranded: means any meat or poultry product that:

(27)(a) bears a label that is false or misleading in any particular;

(27)(b) is offered for sale under the name of another food;

(27)(c) is an imitation of another food, unless the label bears, in type of uniform size and prominence, the word "imitation" followed by the name of the food imitated;

(27)(d) if it has a container, the container is made, formed, or filled as to be misleading;

(27)(e) does not bear a label showing:

(27)(e)(i) the name and place of business of the manufacturer, packer, or distributor; and

(27)(e)(ii) an accurate statement of the quantity of the product in terms of weight, measure, or numerical count, provided that under this Subsection (27)(e), exemptions as to meat and poultry products not in containers may be established by rules of the department and that under this Subsection (27)(e)(ii), reasonable variations may be permitted, and exemptions for small packages may be established for meat or poultry products by rule of the department;

(27)(f) does not bear any word, statement, or other information required by or under authority of this chapter to appear on the label or other labeling that is not prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(27)(g) is a food for which a definition and standard of identity or composition has been prescribed by rules of the department under Section 4-32-109 if the food does not conform to the definition and standard and the label does not bear the name of the food and any other information that is required by the rule;

(27)(h) is a food for which a standard of fill has been prescribed by rule of the department for the container and the actual fill of the container falls below that prescribed unless the food's label bears, in a manner and form as the rule specifies, a statement that the food falls below the standard;

(27)(i) is a food for which no standard or definition of identity has been prescribed under Subsection (27)(g) unless the label bears:

(27)(i)(i) the common or usual name of the food, if there be any; and

(27)(i)(ii) if the food is fabricated from two or more ingredients, the common or usual name of each such ingredient, except that spices, flavorings, and colorings may, when authorized by the department, be designated as spices, flavorings, and colorings without naming each, provided that to the extent that compliance with the requirements of this Subsection (27)(i)(ii) is impracticable, or results in deception or unfair competition, exemptions shall be established by rule;

(27)(j) is a food that purports to be or is represented to be for special dietary uses, unless the label bears information concerning the food's vitamin, mineral, and other dietary properties as the department, after consultation with the Secretary of Agriculture of the United States, prescribes by rules as necessary to inform purchasers as to the food's value for special dietary uses;

(27)(k) bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless the food bears labeling stating that fact, provided that to the extent that compliance with the requirements of this subsection are impracticable, exemptions shall be prescribed by rules of the department; or

(27)(l) does not bear directly thereon and on the food's containers, as the department may prescribe by rule, the official inspection legend and establishment number of the official establishment where the product was prepared, and, unrestricted by any of the foregoing, other information as the department may require by rule to assure that the meat or poultry product will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the meat or poultry product in a wholesome condition. See Utah Code 4-32-105

Misbranded: means :

(11)(a) any dairy product whose label is false or misleading in any particular, or whose label or package fails to conform to any federal regulation adopted by the department that pertains to packaging and labeling;

(11)(b) any dairy product in final packaged form manufactured in this state that does not bear:

(11)(b)(i) the manufacturer's, packer's, or distributor's name, address, and plant number, if applicable;

(11)(b)(ii) a clear statement of the product's common or usual name, quantity, and ingredients, if applicable; and

(11)(b)(iii) any other information required by rule of the department;

(11)(c) any butter in consumer package form that is not at least B grade, or that does not meet the grade claimed on the package, measured by U. See Utah Code 4-3-102

Misuse: means use of any pesticide in a manner inconsistent with the pesticide's label or labeling. See Utah Code 4-14-102

mixed: means seed consisting of more than one kind, each in excess of 5% by weight of the whole. See Utah Code 4-16-102

Moldy: means mold spores have formed within the shell. See Utah Code 4-4-103

Money services business: includes :

(23)(a)(i) a check casher;

(23)(a)(ii) a deferred deposit lender;

(23)(a)(iii) an issuer or seller of traveler's checks or money orders; and

(23)(a)(iv) a money transmitter. See Utah Code 7-1-103

Money transmission: means the sale or issuance of a payment instrument or engaging in the business of receiving money for transmission or transmitting money within the United States or to locations abroad by any and all means, including payment instrument, wire, facsimile, or electronic transfer. See Utah Code 7-25-102

Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5

Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}

Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.

Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5

motor fuel: means any combustible liquid or vapor used to power a motor vehicle or a motor vehicle engine. See Utah Code 4-33-103

Motor vehicle dealer: means a dealer as defined in Section 41-3-102. See Utah Code 7-27-101

Mulch: means a protective covering of a suitable substance placed with seed that:

(24)(a) acts to retain sufficient moisture to support seed germination and sustain early seedling growth;

(24)(b) aids in the prevention of the evaporation of soil moisture;

(24)(c) aids in the control of weeds; and

(24)(d) aids in the prevention of erosion. See Utah Code 4-16-102

Multi-tiered aviary: means a cage-free housing system where egg-laying hens have unfettered access to multiple elevated flat platforms that provide the egg-laying hens with usable floor space both on top of and underneath the platforms. See Utah Code 4-4a-102

Museum: means an organized and permanent institution that:

(6)(a) is owned or controlled by the state, a county, or a municipality, or is a nonprofit organization;

(6)(b) has an educational or aesthetic purpose;

(6)(c) owns or curates a tangible collection; and

(6)(d) exhibits the collection to the public on a regular schedule. See Utah Code 9-6-102

National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}

National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}

Nationwide database: means the Nationwide Mortgage Licensing System and Registry, authorized under Utah Code 7-22-101

Nationwide database: means the Nationwide Mortgage Licensing System and Registry, authorized under federal licensing requirements for mortgage loan originators. See Utah Code 7-23-102

Nationwide database: means the Nationwide Mortgage Licensing System and Registry, authorized under Utah Code 7-24-102

Nationwide database: means the Nationwide Mortgage Licensing System and Registry, authorized under Utah Code 7-25-102

Natural flowing stream: means the same as that term is defined in Section 23A-1-101. See Utah Code 4-37-103

Natural lake: means the same as that term is defined in Section 23A-1-101. See Utah Code 4-37-103

Nematode: means invertebrate animals of the Phylum Nemathelminthes and Class Nematoda, including unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, also known as nemas or eelworms. See Utah Code 4-14-102

New material: includes :

(7)(b)(i) by-products from a textile mill using only new raw material synthesized from a product that has been melted, liquified, and re-extruded; and

(7)(b)(ii) down and feather that has been sterilized in accordance with the department's rules made under Sections 4-10-103 and 4-10-113. See Utah Code 4-10-102

Non-compliant material: means :

(17)(a) a hemp plant that does not comply with this chapter, including a cannabis plant with a concentration of 0. See Utah Code 4-41-102

Nonamenable species: includes domesticated game, as defined in Section 4-32a-201. See Utah Code 4-32-105

Nonexempt credit union: means a credit union that is a nonexempt credit union under Section 7-9-55. See Utah Code 7-9-3

Nonprotected record: means a record maintained by a financial institution to facilitate the conduct of the financial institution's business regarding a person or account, including:

(1)(c)(i) the existence of an account;

(1)(c)(ii) the opening and closing dates of an account;

(1)(c)(iii) the name under which an account is held; and

(1)(c)(iv) the name, address, and telephone number of an account holder. See Utah Code 7-1-1001

NOW account: means a savings account from which the owner may make withdrawals by negotiable or transferable instruments for the purpose of making transfers to third parties. See Utah Code 7-1-103

Noxious weed: means any plant the commissioner determines to be especially injurious to public health, crops, livestock, land, or other property. See Utah Code 4-17-102

Noxious weed seeds: means :

(25)(a) prohibited noxious weed seeds; or

(25)(b) restricted noxious weed seeds. See Utah Code 4-16-102

Nuisance: means anything that is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. See Utah Code 4-44-102

nutrient management plan: means a plan to properly store, handle, and spread manure and other agricultural byproducts to:

(10)(a) protect the environment; and

(10)(b) provide nutrients for the production of crops. See Utah Code 4-18-103

Oath: A promise to tell the truth.

Oath: includes "affirmation. See Utah Code 68-3-12.5

Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

Off-type: means a seed or plant not part of the variety because the seed or plant deviates in one or more characteristics from the variety. See Utah Code 4-16-102

Official certificate: means any certificate prescribed by rules of the department for issuance by an inspector or other person performing official functions under this chapter. See Utah Code 4-32-105

Official device: means a device prescribed or authorized by the commissioner for use in applying an official mark. See Utah Code 4-32-105

Official establishment: means an establishment at which inspection of the slaughter of animals or the preparation of meat or poultry products is maintained under the authority of this chapter. See Utah Code 4-32-105

Official inspection: means mandatory inspection, carried out under grant of inspection issued by the department, of a slaughtered animal or preparation for slaughtering an animal, if the animal is intended for human consumption. See Utah Code 4-32-105

Official inspection legend: means a symbol prescribed by rules of the department showing that a meat or poultry product was inspected and passed in accordance with this chapter. See Utah Code 4-32-105

Official mark: means the official legend or other symbol prescribed by rules of the department to identify the status of an animal carcass or meat or poultry product under this chapter. See Utah Code 4-32-105

Official sample: means a sample of commercial feed taken by the department in accordance with this chapter and designated as "official. See Utah Code 4-12-102

Official sample: means a sample of fertilizer or soil amendment taken by the department and designated as "official. See Utah Code 4-13-102

Open land: includes land described in Subsection (10)(a) that contains facilities, including trails, waterways, and grassy areas, that:

(10)(b)(i) enhance the natural, scenic, or aesthetic qualities of the land; or

(10)(b)(ii) facilitate the public's access to or use of the land for the enjoyment of the land's natural, scenic, or aesthetic qualities and for compatible recreational activities. See Utah Code 4-46-102

Open range: means land upon which cattle, sheep, or other domestic animals are grazed or permitted to roam by custom, license, lease, or permit. See Utah Code 4-24-102

Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) ^{Source: OCC}

Operator: means an institution that:

(7)(a)

(7)(a)(i) is a depository institution;

(7)(a)(ii) is a depository institution holding company; or

(7)(a)(iii) is an institution directly or indirectly owned or controlled by one or more depository institutions or depository institution holding companies; and

(7)(b) owns or contracts with an owner of an automated teller machine to operate the automated teller machine. See Utah Code 7-16a-102

Organization: means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. See Utah Code 4-1-109

Origin: means :

(27)(a) for an indigenous stand of trees, the area on which the trees are growing; and

(27)(b) for a nonindigenous stand of trees, the place from which the seeds or plants originated. See Utah Code 4-16-102

Ornamental and turf pest control: means the use of a pesticide to control ornamental and turf pests in the maintenance and protection of ornamental trees, shrubs, flowers, or turf. See Utah Code 4-14-102

Other crop seed: means the seed of plants grown as crops other than the kind or variety included in the pure seed, as determined by methods defined by rule. See Utah Code 4-16-102

Out-of-state: means , in reference to a depository institution or depository institution holding company, an institution or company whose home state is not Utah. See Utah Code 7-1-103

Oversight: Committee review of the activities of a Federal agency or program.

Package: means a commodity put up or packaged before sale in either wholesale or retail saleunits. See Utah Code 4-9-102

Package: means any number of bees in a bee-tight container, with or without a queen, and without comb. See Utah Code 4-11-102

package: means any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover. See Utah Code 4-32-105

Package: means a container or wrapping in which a consumer commodity is enclosed for use in the delivery or display of the consumer commodity to retail purchasers. See Utah Code 4-5-102

Parasite: means an organism that parasitizes any developmental stage of a bee. See Utah Code 4-11-102

Partially slatted system: means a cage-free housing system where egg-laying hens have unfettered access to elevated flat platforms under which manure drops through the flooring to a pit or litter removal belt below. See Utah Code 4-4a-102

Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

Pass-through funding: means funding from an appropriation by the Legislature to a state agency that is intended to be passed through the state agency to:

(3)(a)(i) a government or local government entity;

(3)(a)(ii) a private entity, including a not-for-profit entity; or

(3)(a)(iii) a person in the form of a loan or a grant. See Utah Code 9-1-102

Payment instrument: means a check, draft, money order, travelers check, or other instrument or written order for the transmission or payment of money, sold or issued to one or more persons, whether or not the instrument is negotiable. See Utah Code 7-25-102

percentage: means percentage by weight. See Utah Code 4-12-102

percentage: means the percentage by weight. See Utah Code 4-13-102

Permit: means a document allowing a person or plant, as designated in the permit, to:

(13)(a) process, manufacture, supply, test, haul, or pasteurize milk or milk products; or

(13)(b) repair equipment used to conduct the activities described in Subsection (13)(a). See Utah Code 4-3-102

Permittee: means a person possessing a permit that the department issues under this chapter. See Utah Code 4-41-102

Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109

Person: includes an individual, a commercial bank, savings bank, building and loan corporation, savings and loan association, credit union, investment company, insurance company, pension fund, mortgage company, trust company, or any other organization making real estate loans. See Utah Code 7-17-2

Person: means :

(27)(a) an individual;

(27)(b) a corporation;

(27)(c) a limited liability company;

(27)(d) a partnership;

(27)(e) a trust;

(27)(f) an association;

(27)(g) a joint venture;

(27)(h) a pool;

(27)(i) a syndicate;

(27)(j) a sole proprietorship;

(27)(k) an unincorporated organization; or

(27)(l) any form of business entity. See Utah Code 7-1-103

Person: means an individual, partnership, corporation, company, association, receiver, trustee, or agent. See Utah Code 4-16-102

Person: means :

(19)(a) an individual, partnership, association, firm, trust, limited liability company, or corporation; and

(19)(b) an agent or employee of an individual, partnership, association, firm, trust, limited liability company, or corporation. See Utah Code 4-41-102

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

Personal property: All property that is not real property.

Personal property: includes :

(25)(a) money;

(25)(b) goods;

(25)(c) chattels;

(25)(d) effects;

(25)(e) evidences of a right in action;

(25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and

(25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5

Pest: means an organism that:

(12)(a) inflicts damage to a bee or bee colony directly or indirectly; or

(12)(b) may damage apiary equipment in a manner that is likely to have an adverse effect on the health of the colony or an adjacent colony. See Utah Code 4-11-102

Pest: means :

(24)(a)(i) any insect, rodent, nematode, fungus, weed; or

(24)(a)(ii) any other form of terrestrial or aquatic plant or animal life, virus, bacteria, or other microorganism that is injurious to health or to the environment or that the department declares to be a pest. See Utah Code 4-14-102

Pesticide: means any:

(25)(a) substance or mixture of substances, including a living organism, that is intended to prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug, fungus, weed, or other form of plant or animal life that is normally considered to be a pest or that the commissioner declares to be a pest;

(25)(b) any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant;

(25)(c) any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, or emulsifying agent with deflocculating properties of its own used with a pesticide to aid the pesticide's application or effect; and

(25)(d) any other substance designated by the department by rule. See Utah Code 4-14-102

Pesticide: means a substance intended:

(15)(a)(i) to prevent, destroy, repel, or mitigate a pest, as defined under Section 4-14-102; or

(15)(a)(ii) for use as a plant regulator, defoliant, or desiccant. See Utah Code 4-5-102

Pesticide applicator: is a person who:

(26)(a) applies or supervises the application of a pesticide; and

(26)(b) is required by this chapter to have a license. See Utah Code 4-14-102

Pesticide applicator business: means an entity that:

(27)(a)(i) is authorized to do business in this state; and

(27)(a)(ii) offers pesticide application services. See Utah Code 4-14-102

Pesticide dealer: means any person who distributes restricted use pesticides. See Utah Code 4-14-102

Pet: means a domesticated dog or cat. See Utah Code 4-12-102

Pet treat: means commercial feed intended for pets that:

(19)(a) is not intended to provide complete and balanced nutrition; and

(19)(b) is fed intermittently for training, reward, enjoyment, or other purposes. See Utah Code 4-12-102

Pharmaceutical: means a product prescribed for the treatment or prevention of disease for veterinary purposes, including:

(20)(a) a vaccine;

(20)(b) a synthetic or natural hormone;

(20)(c) an anesthetic;

(20)(d) a stimulant; or

(20)(e) a depressant. See Utah Code 4-12-102

Pharmacy medical provider: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102

Pharmacy ownership limit: means an amount equal to 30% of the total number of medical cannabis pharmacy licenses issued by the department rounded down to the nearest whole number. See Utah Code 4-41a-102

Physical format: means a transportable medium in which analog or digital information is published, such as print, microform, magnetic disk, or optical disk. See Utah Code 9-7-101

Plaintiff: The person who files the complaint in a civil lawsuit.

Plant: means any facility where milk is processed or manufactured. See Utah Code 4-3-102

Plant pest: means a biological agent that the commissioner determines to be a threat to agriculture in the state as described in Subsection 4-2-103(1)(k)(i). See Utah Code 4-35-102

Plant regulator: means any substance or mixture intended, through physiological action, to accelerate or retard the rate of growth or rate of maturation, or otherwise alter the behavior of ornamental or crop plants. See Utah Code 4-14-102

Point-of-sale terminal: means an electronic information processing device controlled by or accessible to a merchant or other provider of goods or services that authorizes:

(6)(a) in payment for goods or services, a debit or credit to a customer's account at:

(6)(a)(i) a depository institution; or

(6)(a)(ii) a state or federal governmental agency; and

(6)(b) the merchant or other provider of goods or services to dispense currency or coin to a customer. See Utah Code 7-16a-102

Political subdivision: means a county, city, town, school district, public transit district, redevelopment agency, or special improvement or taxing district. See Utah Code 9-7-101

Pollution: means a harmful human-made or human-induced alteration to the water of the state, including an alteration to the chemical, physical, biological, or radiological integrity of water that harms the water of the state. See Utah Code 4-18-103

Postmortem inspection: means an inspection of a slaughtered food animal's carcass after slaughter. See Utah Code 4-32-105

Postmortem inspection: means the inspection of a domesticated game carcass after slaughter. See Utah Code 4-32a-201

Poultry: means any domesticated bird, whether living or dead. See Utah Code 4-32-105

Poultry product: means any product capable of use as human food that is made wholly or in part from any poultry carcass, excepting products that contain poultry ingredients in relatively small proportion or that historically have not been considered by consumers as products of the poultry food industry, and that are exempted from definition as a poultry product by the commissioner. See Utah Code 4-32-105

Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}

Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.

Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.

Prepared: means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed. See Utah Code 4-32-105

Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.

Primary standards: means the physical standards of the state, described in Section 4-9-105, which are the legal reference from which all other standards and weights and measures are derived. See Utah Code 4-9-102

Principal display panel: means that part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale. See Utah Code 4-5-102

Principal user: means the department, board, commission, institution, or agency of the state for the principal use of which a state building or facility is acquired or constructed. See Utah Code 9-6-403

Private fish pond: means the same as that term is defined in Section 23A-1-101. See Utah Code 4-37-103

Probable cause: A reasonable ground for belief that the offender violated a specific law.

Probate: Proving a will

Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Process: means to cut, grind, manufacture, compound, smoke, intermix, or prepare meat or poultry products. See Utah Code 4-32-105

Process: means to cut, grind, manufacture, compound, smoke, intermix, or prepare products from a domesticated game carcass. See Utah Code 4-32a-201

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

Processor: means any person who subjects milk to a process. See Utah Code 4-3-102

Produce: means a food that is a:

(17)(a) fruit, vegetable, mix of intact fruits and vegetables, mushroom, sprout from any seed source, peanut, tree nut, or herb; and

(17)(b) raw agricultural commodity. See Utah Code 4-5-102

Producer: means a person who owns a cow or other milk producing hoofed mammal that produces milk for consumption by persons other than the producer's family, employees, or nonpaying guests. See Utah Code 4-3-102

Producer: means a person who is primarily engaged in the business of raising livestock for profit. See Utah Code 4-7-103

Producer: means a person who owns and raises or owns and feeds cattle. See Utah Code 4-21-102

Producer: means a person who produces milk or milk fat from cows and who sells it for human or animal consumption, or for medicinal or industrial uses. See Utah Code 4-22-102

Producer-handler: means any producer who processes raw milk or milk fat. See Utah Code 4-22-102

Product name: means the name of the commercial feed that:

(21)(a) identifies the kind, class, or specific use of the commercial feed; and

(21)(b) distinguishes the commercial feed from all other products bearing the same brand name. See Utah Code 4-12-102

product of agriculture: means any product that is derived from agriculture, including any product derived from aquaculture as defined in Section 4-37-103. See Utah Code 4-1-109

products of agriculture: means any product useful to the human species that results from the application of the science and art of the production of plants, minerals, and animals. See Utah Code 4-8-103

Program: means the Veterinarian Education Loan Repayment Program created in Section 4-2-902. See Utah Code 4-2-901

Program: means the Utah Soil Health Program created in Section 4-18-303. See Utah Code 4-18-302

Program: means the Percent-for-Art Program created in this part. See Utah Code 9-6-403

Prohibited noxious weed seeds: include the seeds of weeds that are highly destructive and difficult to control by good cultural practices and the use of herbicides. See Utah Code 4-16-102

Project: means the project whereby state buildings or facilities are acquired or constructed. See Utah Code 9-6-403

Property: includes both real and personal property. See Utah Code 68-3-12.5

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Protected record: means a record that is not defined as a nonprotected record. See Utah Code 7-1-1001

Provider: includes a person who, under a written agreement with a depository institution, offers one or more commercial financing products provided by the depository institution via an online platform that the person administers. See Utah Code 7-27-101

Public aquaculture facility: means a tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture by the Division of Wildlife Resources, U. See Utah Code 4-37-103

Public art installation: means a work of art:

(4)(a) owned by a:

(4)(a)(i) county of the first class; or

(4)(a)(ii) municipality or metro township in a county of the first class;

(4)(b) created by an artist, with a preference for a Utah artist;

(4)(c) located in a public place where the county of the first class, municipality in a county of the first class, or metro township in a county of the first class has jurisdiction; and

(4)(d) that is intended to be a permanent fixture in the public place. See Utah Code 9-6-403

Public fishery resource: means fish produced in public aquaculture facilities and wild and free ranging populations of fish in the surface waters of the state. See Utah Code 4-37-103

Purchaser: means a person who buys cattle. See Utah Code 4-21-102

Pure seed: means seed exclusive of inert matter and all other seed not of the seed being considered as determined by methods defined by rule. See Utah Code 4-16-102

Qualified individual: means :

(5)(a) a branch manager of a covered financial institution; or

(5)(b) a director, officer, employee, agent, or other representative that a covered financial institution designates. See Utah Code 7-26-102

Qualified medical provider: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102

Qualified Production Enterprise Fund: means the fund created in Section 4-41a-104. See Utah Code 4-41a-102

Qualified veterinarian: means a veterinarian who has practiced as a veterinarian:

(9)(a) in an area of the state that is Indian country;

(9)(b) in an animal shelter within the state operated by:

(9)(b)(i) a county;

(9)(b)(ii) a municipality; or

(9)(b)(iii) an organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code;

(9)(c) in any area of the state as an employee of the department;

(9)(d) in any combination of the places described in Subsections (9)(a) through (c); or

(9)(e) with a practice that includes at least 30% livestock medicine. See Utah Code 4-2-901

Qualifying organization: means any Utah nonprofit arts or museum organization that qualifies under this chapter to create an endowment fund, receive state money into the endowment fund, match state money deposited into the endowment fund, and expend interest earned on the endowment fund. See Utah Code 9-6-501

Qualifying party: means a certified qualified applicator who is the owner or employee of a pesticide applicator business and who is registered with the department as the individual responsible for ensuring the training, equipping, and supervision of all pesticide applicators who work for the pesticide applicator business. See Utah Code 4-14-102

Quantity statement: means the net weight in mass, liquid measurement, or count. See Utah Code 4-12-102

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

Quorum: The number of legislators that must be present to do business.

Race meet: means the entire period of time for which a licensee has been approved to hold horse races. See Utah Code 4-38-102

Racetrack facility: means a racetrack within Utah approved by the commission for the racing of horses, including the track surface, grandstands, clubhouse, all animal housing and handling areas, and other areas in which a person may enter only upon payment of an admission fee or upon presentation of authorized credentials. See Utah Code 4-38-102

Raise: means :

(13)(a) to hold a colony of bees in a hive for the purpose of pollination, honey production, or study, or a similar purpose; and

(13)(b) when the person holding a colony holds the colony or a package of bees in the state for a period of time exceeding 30 days. See Utah Code 4-11-102

Raw agricultural commodity: means a food in the food's raw or natural state, including all fruits that are washed, colored, or otherwise treated in the fruit's unpeeled, natural form before marketing. See Utah Code 4-5-102

Raw milk: means unpasteurized milk. See Utah Code 4-3-102

Real estate loan: means any agreement providing for a loan secured by an interest in real estate in this state containing a residential structure of not more than four housing units, at least one of which is the primary residence of the borrower and includes, but is not limited to, agreements secured by mortgages, trust deeds, and conditional land sales contracts. See Utah Code 7-17-2

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

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

Receiver: means a person, agency, or instrumentality of this state or the United States appointed to administer and manage an institution subject to the jurisdiction of the department in receivership, as provided in Chapter 2, Possession of Depository Institution by Commissioner, and Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. See Utah Code 7-1-103

Receivership: means the administration and management of the affairs of an institution subject to the jurisdiction of the department to conserve, preserve, and properly dispose of the assets, liabilities, and revenues of an institution in possession, as provided in Chapter 2, Possession of Depository Institution by Commissioner, and Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. See Utah Code 7-1-103

reclaimed material: means material that would have otherwise been disposed of as waste or used for energy recovery, but instead is collected and used as a material input, in lieu of new primary material, as defined by rule by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 4-10-102

Recognized race meet: means a race meet recognized by a national horse breed association. See Utah Code 4-38-102

Recommending medical provider: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102

Record: means information that is:

(1)(e)(i) prepared, owned, received, or retained by a financial institution;

(1)(e)(ii)

(1)(e)(ii)(A) inscribed on a tangible medium; or

(1)(e)(ii)(B) stored in an electronic or other medium; and

(1)(e)(iii) retrievable in perceivable form. See Utah Code 7-1-1001

recycled material: means material that has been reprocessed from reclaimed material by means of an accepted manufacturing process and made into a final product or into a component for incorporation into a product as defined by rule by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 4-10-102

Refinance: means a new deferred deposit loan transaction whose proceeds are meant to satisfy the term or amount owed on an existing deferred deposit loan. See Utah Code 7-23-102

Regional board: means a regional grazing advisory board with members appointed under Section 4-20-104. See Utah Code 4-20-102

Registrant: means a person who registers a fertilizer or a soil amendment under this chapter. See Utah Code 4-13-102

Registration: means the commissioner's issuance of a certificate to a qualified food establishment. See Utah Code 4-5-102

Registry: means the voluntary agritourism registry described in Section 4-2-1002. See Utah Code 4-2-1001

Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

Remedy: means :

(23)(a) a drug;

(23)(b) a combination of drugs;

(23)(c) a pharmaceutical;

(23)(d) a proprietary medicine;

(23)(e) a veterinary biologic; or

(23)(f) a combination of drugs and other ingredients. See Utah Code 4-12-102

Remit: means either to make direct payment of the money to the licensee or its representatives authorized to receive the money, or to deposit the money in a depository institution in an account in the name of the licensee. See Utah Code 7-25-102

Renderer: means any person engaged in the business of rendering animal carcasses, or parts or products of animal carcasses, except rendering conducted under inspection or exemption under this chapter. See Utah Code 4-32-105

Renovated butter: means butter that is reduced to a liquid state by melting and drawing off such liquid or butter oil and churning or otherwise manipulating it in connection with milk or any product of milk. See Utah Code 4-3-102

Repair: means to restore, recover, alter, or renew bedding or upholstered furniture for a consideration. See Utah Code 4-10-102

Representative office: means a place of business of a foreign depository institution located in this state that is authorized to exercise powers permitted in Section 7-18a-301. See Utah Code 7-18a-102

Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.

Research project: includes projects at experiment stations, on:

(14)(b)(i) lands owned by the United States or any corporation or agency created or designed by the United States;

(14)(b)(ii) lands owned by the state or any of the state's agencies or political subdivisions; or

(14)(b)(iii) private lands. See Utah Code 4-18-302

Research university: means the same as that term is defined in Section 53B-7-702 and a private, nonprofit college or university in the state that:

(48)(a) is accredited by the Northwest Commission on Colleges and Universities;

(48)(b) grants doctoral degrees; and

(48)(c) has a laboratory containing or a program researching a schedule I controlled substance described in Section 58-37-4. See Utah Code 4-41a-102

Reserve account: means any account, whether denominated escrow, impound, trust, pledge, reserve or otherwise, which is established in connection with a loan secured by an interest in real estate located in this state, whether or not a real estate loan as defined in this chapter, and whether incorporated into the loan agreement or a separate document, whereby the borrower agrees to make periodic prepayment to the lender or its designee of taxes, insurance premiums or other charges pertaining to the property securing the loan and the lender or its designee agrees to pay the taxes, insurance premiums or other charges out of the account on or before their due date. See Utah Code 7-17-2

Reservoir constructed on a natural stream channel: means the same as that term is defined in Section 23A-1-101. See Utah Code 4-37-103

Restricted account: means the Rangeland Improvement Account created in Section 4-20-105. See Utah Code 4-20-102

Restricted use pesticide: means :

(31)(a) a pesticide, including a highly toxic pesticide, that is a serious hazard to beneficial insects, animals, or land; or

(31)(b) any pesticide or pesticide use restricted by the administrator of EPA or by the commissioner. See Utah Code 4-14-102

Retailer: means a person who sells bedding, upholstered furniture, quilted clothing, or filling material to a consumer for use primarily for personal, family, household, or business purposes. See Utah Code 4-10-102

Retailer: means any person who sells or distributes dairy products directly to the consumer. See Utah Code 4-3-102

Retailer permittee: means a person possessing an industrial hemp retailer permit that the department issues under this chapter. See Utah Code 4-41-102

Rollover: means the extension or renewal of the term of a deferred deposit loan. See Utah Code 7-23-102

Rollover: means the extension or renewal of the term of a title loan. See Utah Code 7-24-102

Sale from bulk: means the sale of commodities, when the quantity is determined at the time of sale. See Utah Code 4-9-102

Savings account: means a deposit or other account at a depository institution that is not a transaction account. See Utah Code 7-1-103

Savings and loan association: means :

(31)(a) a federal savings and loan association; and

(31)(b) an out-of-state savings and loan association. See Utah Code 7-1-103

Secondary nutrient: includes calcium, magnesium, and sulfur. See Utah Code 4-13-102

Secondary standards: means a physical standard which is traceable to primary standards through comparisons, using acceptable laboratory procedures. See Utah Code 4-9-102

Secondhand: means an article or filling material, or portion of an article or filling material, that has previously been used. See Utah Code 4-10-102

Seed for sprouting: means seed sold for sprouting for salad or culinary purposes. See Utah Code 4-16-102

sell: means to offer or expose for sale, barter, trade, deliver, consign, lease, or give away any bedding, upholstered furniture, quilted clothing, or filling material. See Utah Code 4-10-102

Seller: means a person who offers cattle for sale. See Utah Code 4-21-102

Service charge: means any direct fee imposed in connection with the administration of a reserve account. See Utah Code 7-17-2

Service of process: The service of writs or summonses to the appropriate party.

service organization: means a corporation or other business entity owned or controlled by one or more financial institutions that is engaged or proposes to engage in business activities related to the business of financial institutions. See Utah Code 7-1-103

Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

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

Shares: means that portion of the capital paid into the credit union by members on which dividends may be paid. See Utah Code 7-9-3

Short-term fishing event: means the same as that term is defined in Section 23A-1-101. See Utah Code 4-37-103

Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5

Single-level all-litter floor system: means a cage-free housing system bedded with litter where egg-laying hens have limited or no access to elevated flat platforms. See Utah Code 4-4a-102

Slaughter: means :

(42)(a) the killing of an animal, amenable species, or nonamenable species in a humane manner including skinning or dressing; or

(42)(b) the process of performing any of the specified acts in preparing an animal, amenable species, or nonamenable species for human consumption. See Utah Code 4-32-105

Slaughter: means killing domesticated game in a humane manner, including skinning or dressing. See Utah Code 4-32a-201

Small producer: means a producer of shell eggs:

(11)(a) having less than 3,000 layers; and

(11)(b) who is exempt from 21 C. See Utah Code 4-4-103

Soil amendment: means a substance or a mixture of substances that is intended to improve the physical, chemical, biochemical, biological, or other characteristics of the soil, except fertilizers, agricultural liming materials, unmanipulated animal manures, unmanipulated vegetable manures, or pesticides. See Utah Code 4-13-102

Soil health: means the continued capacity of soil to function as a vital living ecosystem that sustains plants, animals, and humans. See Utah Code 4-18-302

Soil health activities: means implementation of soil health practices, research projects, demonstration projects, or educational projects, or other activities the department finds necessary or appropriate to promote soil health. See Utah Code 4-18-302

Soil Health Advisory Committee: means the committee created in Section 4-18-306. See Utah Code 4-18-302

Soil health grant program: means the grant program authorized in Section 4-18-304. See Utah Code 4-18-302

Soil health practices: means those practices that may contribute to soil health, including:

(19)(a) no-tillage;

(19)(b) conservation tillage;

(19)(c) crop rotations;

(19)(d) intercropping;

(19)(e) cover cropping;

(19)(f) planned grazing;

(19)(g) the application of soil amendments that add carbon or organic matter, including biosolids, manure, compost, or biochar;

(19)(h) revegetation; or

(19)(i) other practices the department determines contribute or have the potential to contribute to soil health. See Utah Code 4-18-302

Sowing: means the placement of agricultural seed, vegetable seed, flower seed, tree and shrub seed, or seed for sprouting in a selected environment for the purpose of obtaining plant growth. See Utah Code 4-16-102

Specialty fertilizer: means fertilizer distributed primarily for non-farm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries. See Utah Code 4-13-102

Specialty pet: means any animal normally maintained in a household for nonproduction purposes, including rodents, ornamental birds, ornamental fish, reptiles, amphibians, ferrets, hedgehogs, marsupials, and rabbits. See Utah Code 4-12-102

Spot treatment: means the limited application of an herbicide to an area that is no more than 5% of the potential treatment area or one-twentieth of an acre, whichever is smaller, using equipment that is designed to contain no more than five gallons of mixture. See Utah Code 4-14-102

Sprout: means the shoot of a plant generally harvested when cotyledons are undeveloped or underdeveloped and mature leaves have not emerged. See Utah Code 4-5-102

State: means , unless the context demands otherwise:

(33)(a) a state;

(33)(b) the District of Columbia; or

(33)(c) the territories of the United States. See Utah Code 7-1-103

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

State agency: means :

(10)(a)(i) the state; or

(10)(a)(ii) an office, department, division or other agency or instrumentality of the state. See Utah Code 9-7-101

State board: means the Utah Grazing Improvement Program Advisory Board created under Section 4-20-103. See Utah Code 4-20-102

State building or facility: means a state building, permanent structure, facility, park, or appurtenant structure thereof, wholly or partially enclosed, which includes, but is not restricted to a space or facility used or to be used for carrying out the functions of a department, board, commission, institution, or agency of the state, including offices, hearing or meeting rooms, auditoriums, libraries, courtrooms, classrooms, workshops, laboratories, eating or sleeping facilities, or highway rest areas. See Utah Code 9-6-403

State conservation efforts: includes :

(11)(a)(i) efforts to optimize and preserve the uses of land for the benefit of the state's agricultural industry and natural resources; and

(11)(a)(ii) conservation of working landscapes that if conserved, preserves the state's agricultural industry and natural resources, such as working agricultural land. See Utah Code 4-46-102

State electronic verification system: means the system described in Section 26B-4-202. See Utah Code 4-41a-102

State fund: means the Utah Arts and Museums Endowment Fund created in Section 9-6-502. See Utah Code 9-6-501

State institution of higher education: means an institution described in Section 53B-2-101 or any other university or college that is established and maintained by the state. See Utah Code 9-7-101

State publication: includes a book, compilation, directory, map, fact sheet, newsletter, brochure, bulletin, journal, magazine, pamphlet, periodical, report, video recording, and electronic publication. See Utah Code 9-7-101

State technical standards: means a collection of best management practices that will protect the environment in a reasonable and economical manner for each sector of agriculture as required by this chapter. See Utah Code 4-18-103

Statute: A law passed by a legislature.

Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.

STEM: means science, technology, engineering, and mathematics. See Utah Code 9-1-102

Sterilize: means to disinfect, decontaminate, sanitize, cleanse, or purify as required by Section 4-10-113. See Utah Code 4-10-102

Subpoena: A command to a witness to appear and give testimony.

Subsidiary: means a business entity under the control of an institution. See Utah Code 7-1-103

Summons: Another word for subpoena used by the criminal justice system.

Supervisory acquisition: means the acquisition of control, the acquisition of all or a portion of the assets, or the assumption of all or a portion of the liabilities, pursuant to Section 7-2-1, 7-2-12, or 7-2-18, of a failing or failed depository institution or a failing or failed depository institution holding company, whether or not in the possession of the commissioner, by:

(3)(a) a Utah depository institution;

(3)(b) an out-of-state depository institution;

(3)(c) a Utah depository institution holding company; or

(3)(d) an out-of-state depository institution holding company. See Utah Code 7-19-1

Supervisory merger: means the merger or consolidation, pursuant to Section 7-2-1, 7-2-12, or 7-2-18 of a failing or failed depository institution or a failing or failed depository institution holding company, whether or not in the possession of the commissioner, with:

(4)(a) a Utah depository institution;

(4)(b) an out-of-state depository institution;

(4)(c) a Utah depository institution holding company; or

(4)(d) an out-of-state depository institution holding company. See Utah Code 7-19-1

Suspect domesticated elk: means a domesticated elk for which:

(6)(a) the state veterinarian has determined that the following suggest that the domesticated elk may be infected with a disease spreading pathogen:

(6)(a)(i) unofficial test results;

(6)(a)(ii) laboratory evidence; or

(6)(a)(iii) clinical signs; and

(6)(b) official laboratory results for a disease spreading pathogen:

(6)(b)(i) are inconclusive; or

(6)(b)(ii) have not been conducted. See Utah Code 4-39-102

Sustainable agriculture: means agriculture production and practices that promote:

(17)(a) the environmental responsibility of owners and operators of farms, ranches, and feedlots; and

(17)(b) the profitability of owners and operators of farms, ranches, and feedlots. See Utah Code 4-18-103

Swear: includes "affirm. See Utah Code 68-3-12.5

Tag: means a card, flap, or strip attached to an article for the purpose of displaying information required by this chapter or under rule made pursuant to it. See Utah Code 4-10-102

Targeted marketing: means the promotion of a cannabis product, medical cannabis brand, or a medical cannabis device using any of the following methods:

(50)(a) electronic communication to an individual who is at least 21 years old and has requested to receive promotional information;

(50)(b) an in-person marketing event that is:

(50)(b)(i) held inside a medical cannabis pharmacy; and

(50)(b)(ii) in an area where only a medical cannabis cardholder may access the event;

(50)(c) other marketing material that is physically available or digitally displayed in a medical cannabis pharmacy; or

(50)(d) a leaflet a medical cannabis pharmacy places in the opaque package or box that is provided to an individual when obtaining medical cannabis:

(50)(d)(i) in the medical cannabis pharmacy;

(50)(d)(ii) at the medical cannabis pharmacy's drive-through pick up window; or

(50)(d)(iii) in a medical cannabis shipment. See Utah Code 4-41a-102

Technology service provider: means a person that provides a data processing service or activity that supports the financial services or Internet related services of a depository institution subject to the jurisdiction of the department, including supporting:

(35)(a) lending;

(35)(b) money transfers;

(35)(c) fiduciary activities;

(35)(d) trading activities;

(35)(e) deposit taking;

(35)(f) web services and electronic bill payments;

(35)(g) mobile applications;

(35)(h) system and software development and maintenance; and

(35)(i) security monitoring. See Utah Code 7-1-103

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.

Terminal disease: means a pest, parasite, or pathogen that will kill an occupant colony or subsequent colony on the same equipment. See Utah Code 4-11-102

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

THC: means a delta-9-tetrahydrocannabinol, the cannabinoid identified as CAS# 1972-08-3. See Utah Code 4-41-102

THC: means the same as that term is defined in Section 4-41-102. See Utah Code 4-41a-102

THC analog: means a substance that is structurally or pharmacologically substantially similar to, or is represented as being similar to, delta-9-THC. See Utah Code 4-41-102

THC analog: means the same as that term is defined in Section 4-41-102. See Utah Code 4-41a-102

Third party associated with a vulnerable adult: means an individual:

(6)(a) who is a parent, spouse, adult child, sibling, or other known family member of a vulnerable adult;

(6)(b) whom a vulnerable adult authorizes the financial institution to contact;

(6)(c) who is a co-owner, additional authorized signatory, or beneficiary on a vulnerable adult's account; or

(6)(d) who is an attorney, trustee, conservator, guardian or other fiduciary whom a court or a government agency selects to manage some or all of the financial affairs of the vulnerable adult. See Utah Code 7-26-102

Title lender: includes a person that:

(3)(b)(i) arranges a title loan on behalf of a title lender;

(3)(b)(ii) acts as an agent for a title lender; or

(3)(b)(iii) assists a title lender in the extension of a title loan. See Utah Code 7-24-102

Title loan: includes a title loan extended at the same premise on which any of the following are sold:

(4)(b)(i) a motor vehicle, as defined in Section 41-6a-102;

(4)(b)(ii) a mobile home, as defined in Section 41-6a-102; or

(4)(b)(iii) a motorboat, as defined in Section 73-18-2. See Utah Code 7-24-102

Ton: means a net weight of 2,000 pounds avoirdupois. See Utah Code 4-12-102

Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

Total composite tetrahydrocannabinol: means all detectable forms of tetrahydrocannabinol. See Utah Code 4-41a-102

total THC: means the sum of the determined amounts of delta-9-THC, tertrahydrocannabinolic acid, calculated as "total THC = delta-9-THC + (THCA x 0. See Utah Code 4-41-102

total THC: means the same as that term is defined in Section 4-41-102. See Utah Code 4-41a-102

Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5

Transaction: means any of the following services that a covered financial institution provides:

(7)(a) a transfer or request to transfer or disburse funds or assets in an account;

(7)(b) a request to initiate a wire transfer, initiate an automated clearinghouse transfer, or issue a money order, cashier's check, or official check;

(7)(c) a request to negotiate a check or other negotiable instrument;

(7)(d) a request to change the ownership of, or access to, an account;

(7)(e) a request to sell or transfer a security or other asset, or a request to affix a medallion stamp or provide any form of guarantee or endorsement in connection with an attempt to sell or transfer a security or other asset, if the person selling or transferring the security or asset is not required to obtain a license under Section 61-1-3;

(7)(f) a request for a loan, extension of credit, or draw on a line of credit;

(7)(g) a request to encumber any movable or immovable property; or

(7)(h) a request to designate or change the designation of beneficiaries to receive any property, benefit, or contract right. See Utah Code 7-26-102

Transaction account: includes :

(36)(b)(i) demand deposits;

(36)(b)(ii) NOW accounts;

(36)(b)(iii) savings deposits subject to automatic transfers; and

(36)(b)(iv) share draft accounts. See Utah Code 7-1-103

Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

Transportable industrial hemp concentrate: means any amount of a natural cannabinoid in a purified state that:

(25)(a) is the product of any chemical or physical process applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in the biomass;

(25)(b) is derived from a cannabis plant that, based on sampling that was collected no more than 30 days before the day on which the cannabis plant was harvested, contains a combined concentration of total THC and any THC analog of less than 0. See Utah Code 4-41-102

Treated: means that a seed has received an application of a substance or been subjected to a process designed to reduce, control, or repel disease organisms, insects, or other pests that attack seeds or seedlings. See Utah Code 4-16-102

Tree and shrub seed: includes seed of woody plants commonly known and sold as tree and shrub seeds in this state. See Utah Code 4-16-102

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}

Trust business: means , except as provided in Subsection (1)(c), a business in which one acts in any agency or fiduciary capacity, including that of personal representative, executor, administrator, conservator, guardian, assignee, receiver, depositary, or trustee under appointment as trustee for any purpose permitted by law, including the definition of "trust" set forth in Subsection 75-1-201(55). See Utah Code 7-5-1

Trust company: means an institution authorized to engage in the trust business under this chapter. See Utah Code 7-5-1

Trust company: means a person authorized to conduct a trust business, as provided in Chapter 5, Trust Business. See Utah Code 7-1-103

Trustee: A person or institution holding and administering property in trust.

Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.

Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}

Type: means a group of varieties so nearly similar that the individual varieties cannot be clearly differentiated except under special conditions. See Utah Code 4-16-102

Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

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

Usable floor space: includes both ground space and elevated level or nearly level flat platforms upon which hens can roost, but does not include perches or ramps. See Utah Code 4-4a-102

Used: means an article that has been sold to a consumer and has left the store. See Utah Code 4-10-102

Utah artist: means :

(9)(a) an individual who produces paintings, drawings, photos, sculptures, or similar works; and

(9)(b) who has:

(9)(b)(i) lived in Utah a minimum of ten years; or

(9)(b)(ii) a primary residence in the state. See Utah Code 9-6-403

Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:

(42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or

(42)(b)

(42)(b)(i) after the day described in Subsection (42)(a); and

(42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5

Utah depository institution: means a depository institution whose home state is Utah. See Utah Code 7-1-103

Utah depository institution holding company: means a depository institution holding company whose home state is Utah. See Utah Code 7-1-103

Variety: means a subdivision of a kind that is:

(41)(a) distinct, meaning a variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge;

(41)(b) uniform, meaning that variations in essential and distinctive characteristics are describable; and

(41)(c) stable, meaning a variety's essential and distinctive characteristics and uniformity will remain unchanged when reproduced or reconstituted as required by the category of variety. See Utah Code 4-16-102

Vegetable seed: includes the seed of those crops that are:

(42)(a) grown in gardens or on truck farms; and

(42)(b) generally known and sold under the name of vegetable or herb seed in this state. See Utah Code 4-16-102

Venue: The geographical location in which a case is tried.

Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5

Veteran: means an individual who:

(44)(a)(i) has served in the United States Armed Forces for at least 180 days:

(44)(a)(i)(A) on active duty; or

(44)(a)(i)(B) in a reserve component, to include the National Guard; or

(44)(a)(ii) has incurred an actual service-related injury or disability while in the United States Armed Forces regardless of whether the individual completed 180 days; and

(44)(a)(iii) was separated or retired under conditions characterized as honorable or general. See Utah Code 68-3-12.5

Veterinarian: means an individual licensed under Title 58, Chapter 28, Veterinary Practice Act. See Utah Code 4-2-901

Veterinarian: means a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act, who has successfully completed formal training in antemortem inspection and postmortem inspection. See Utah Code 4-32a-201

Veterinarian designee: means an individual designated by a veterinarian as successfully completing formal training in antemortem inspection and postmortem inspection. See Utah Code 4-32a-201

Veterinary biologic: means a biologic product used for veterinary purposes, including:

(27)(a) an antibiotic;

(27)(b) an antiparasiticide;

(27)(c) a growth promotant; or

(27)(d) a bioculture product. See Utah Code 4-12-102

Vulnerable adult: means :

(8)(a) an individual who is 65 years old or older; or

(8)(b) the same as that term is defined in Section 26B-6-201. See Utah Code 7-26-102

Weed: means any plant that grows where not wanted. See Utah Code 4-14-102

Weed seed: means the seed of all plants generally recognized as weeds within this state, as determined by methods defined by rule. See Utah Code 4-16-102

Weighing and measuring: means the use of weights and measures. See Utah Code 4-9-102

Weight: means net weight, unless the label declares that the product is sold by drained weight, in which case "weight" means net drained weight. See Utah Code 4-9-102

Weight: means the net weight of the commodity. See Utah Code 4-16-102

Weights and measures: means the instruments or devices used for weighing or measuring, including an appliance or accessory associated with the instrument or device. See Utah Code 4-9-102

Weights and measures registration: means the issuance of a certificate by the commissioner to a weights and measures user. See Utah Code 4-9-102

Weights and measures user: means a person who uses weights and measures in trade or commerce. See Utah Code 4-9-102

white rot: means putrid or rotten. See Utah Code 4-4-103

Wholesale: means , with respect to the sale of an egg by an egg producer, the transfer for sale or sale of an egg to a person other than the end consumer, including a retailer or an industrial or business purchaser. See Utah Code 4-4-103

Wholesaler: means a person who offers an article for resale to a retailer or institution rather than a final consumer. See Utah Code 4-10-102

Wild game: means a species, the products of which are food, that is not classified as an amenable species or nonamenable species, including:

(43)(a) a deer;

(43)(b) an elk;

(43)(c) an antelope;

(43)(d) a moose;

(43)(e) a bison;

(43)(f) a rabbit; and

(43)(g) a bird. See Utah Code 4-32-105

Wildlife: means all living things that are neither human, domesticated, nor pests. See Utah Code 4-14-102

Working agricultural land: includes an agricultural protection area established under Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas. See Utah Code 4-46-102

works of art: means any form of original creation of visual art including, but not restricted to any sculpture, bas relief, high relief, mobile, fountain, painting, graphic, print, lithograph, etching, embossing, drawing, mural, mosaic, supergraphic, fresco, photograph, ceramic, fiber, mixed media, or combination of forms. See Utah Code 9-6-403

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