Terms Used In Utah Code > Title 4 > Chapter 13 - Utah Fertilizer Act

• Account: means the Pawnbroker, Secondhand Merchandise, and Catalytic Converter Operations Restricted Account created in Section 13-32a-113. See Utah Code 13-32a-102
• Additional project capacity: means electric generating capacity provided by a generating unit that first produces electricity on or after May 6, 2002, and that is constructed or installed at or adjacent to the site of a project that first produced electricity before May 6, 2002, regardless of whether:
            (1)(a)(i) the owners of the new generating unit are the same as or different from the owner of the project; and
            (1)(a)(ii) the purchasers of electricity from the new generating unit are the same as or different from the purchasers of electricity from the project. See Utah Code 11-13-103
• 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.
• Antemortem inspection: means the inspection of live domesticated game immediately before slaughter. See Utah Code 4-32a-201
• Antique shop: means a business operating at an established location that deals primarily in the purchase, exchange, or sale of antique items. See Utah Code 13-32a-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.
• 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
• Appropriation: means an allocation of money by the governing board in a budget for a specific purpose. See Utah Code 11-13-501
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Automated recycling kiosk: means an interactive machine that:
       (4)(a) is installed inside a commercial site used for the selling of goods and services to consumers;
       (4)(b) is monitored remotely by a live representative during the hours of operation;
       (4)(c) only engages in secondhand merchandise transactions involving wireless communication devices; and
       (4)(d) has the following technological functions:

            (4)(d)(i) verifies the seller's identity by a live representative using the individual's identification;

            (4)(d)(ii) generates a ticket; and

            (4)(d)(iii) electronically transmits the secondhand merchandise transaction information to the central database. See Utah Code 13-32a-102
• Automated recycling kiosk operator: means a person whose sole business activity is the operation of one or more automated recycling kiosks. See Utah Code 13-32a-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}
• 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
• Blender: means a person engaged in the business of blending or mixing fertilizer, soil amendments, or both. See Utah Code 4-13-102
• Board: means the Permanent Community Impact Fund Board created by Section 35A-8-304, and its successors. See Utah Code 11-13-103
• 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
• Budget: means a plan of financial operations for a fiscal year that embodies estimates of proposed expenditures for given purposes and the proposed means of financing them, and may refer to the budget of a particular fund for which a budget is required by law or may refer collectively to the budgets for all required funds. See Utah Code 11-13-501
• Budget officer: means the person appointed by an interlocal entity governing board to prepare the budget for the interlocal entity. See Utah Code 11-13-501
• Budget year: means the fiscal year for which a budget is prepared. See Utah Code 11-13-501
• 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
• Calendar year entity: means an interlocal entity whose fiscal year begins January 1 and ends December 31 of each calendar year as described in Section 11-13-503. See Utah Code 11-13-501
• Candidate: means one or more of:
       (3)(a) the state;
       (3)(b) a county, municipality, school district, special district, special service district, or other political subdivision of the state; and
       (3)(c) a prosecution district. See Utah Code 11-13-103
• Catalytic converter: means the same as that term is defined in Section 76-6-1402. See Utah Code 13-32a-102
• Catalytic converter purchase: means a purchase from an individual of a used catalytic converter that is no longer affixed to a vehicle. See Utah Code 13-32a-102
• Catalytic converter purchaser: means a person who purchases a used catalytic converter in a catalytic converter purchase. See Utah Code 13-32a-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Coin: means a piece of currency, usually metallic and usually in the shape of a disc that is:
       (12)(a) stamped metal, and issued by a government as monetary currency; or
       (12)(b)

            (12)(b)(i) worth more than its current value as currency; and

            (12)(b)(ii) worth more than its metal content value. See Utah Code 13-32a-102
• Coin dealer: means a person whose sole business activity is the selling and purchasing of numismatic items and precious metals. See Utah Code 13-32a-102
• Collectible paper money: means paper currency that is no longer in circulation and is sold and purchased for the paper currency's collectible value. See Utah Code 13-32a-102
• Commercial project entity: means a project entity, defined in Subsection (18), that:
       (4)(a) has no taxing authority; and
       (4)(b) is not supported in whole or in part by and does not expend or disburse tax revenues. See Utah Code 11-13-103
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consignment shop: means a business, operating at an established location:
       (16)(a) that deals primarily in the offering for sale property owned by a third party; and
       (16)(b) where the owner of the property only receives consideration upon the sale of the property by the business. See Utah Code 13-32a-102
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Current year: means the fiscal year in which a budget is prepared and adopted, and which is the fiscal year immediately preceding the budget year. See Utah Code 11-13-501
• 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
• database: means the electronic database created and operated under Section 13-32a-105. See Utah Code 13-32a-102
• Deficiency: means the amount of nutrient found by analysis to be less than that guaranteed. See Utah Code 4-13-102
• Deficit: means the occurrence when expenditures exceed revenues. See Utah Code 11-13-501
• Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
• Derivation: means the source from which the guaranteed nutrients are derived. See Utah Code 4-13-102
• Direct impacts: means an increase in the need for public facilities or services that is attributable to the project or facilities providing additional project capacity, except impacts resulting from the construction or operation of a facility that is:
       (5)(a) owned by an owner other than the owner of the project or of the facilities providing additional project capacity; and
       (5)(b) used to furnish fuel, construction, or operation materials for use in the project. See Utah Code 11-13-103
• 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
• Distributor: means a person who distributes. See Utah Code 4-13-102
• Division: means the Division of Consumer Protection created in Chapter 1, Department of Commerce. See Utah Code 13-32a-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
• Electric interlocal entity: means an interlocal entity described in Subsection 11-13-203(3). See Utah Code 11-13-103
• 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
• Energy services interlocal entity: means an interlocal entity that is described in Subsection 11-13-203(4). See Utah Code 11-13-103
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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}
• Estimated electric requirements: when used with respect to a qualified energy services interlocal entity, includes any of the following that meets the requirements of Subsection (8)(b):
            (8)(a)(i) generation capacity;
            (8)(a)(ii) generation output; or
            (8)(a)(iii) an electric energy production facility. See Utah Code 11-13-103
• Estimated revenue: means the amount of revenue estimated to be received from all sources during the budget year in each fund for which a budget is being prepared. See Utah Code 11-13-501
• 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.
• Facilities providing replacement project capacity: includes facilities that have been, are being, or are proposed to be constructed, reconstructed, converted, repowered, acquired, leased, used, or installed:
            (9)(b)(i) to support and facilitate the construction, reconstruction, conversion, repowering, installation, financing, operation, management, or use of replacement project capacity; or
            (9)(b)(ii) for the distribution of power generated from existing capacity or replacement project capacity to facilities located on real property in which the project entity that owns the project has an ownership, leasehold, right-of-way, or permitted interest. See Utah Code 11-13-103
• 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.
• Farm custom slaughter license: means a farm custom slaughter license issued under Section 4-32-107. See Utah Code 4-32a-201
• 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.
• 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.
• Fiscal year: means the annual period for accounting for fiscal operations in an interlocal entity. See Utah Code 11-13-501
• Fund: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501
• Fund balance: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501
• General fund: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501
• Generally accepted accounting principles: means the accounting principles and standards promulgated from time to time by authoritative bodies in the United States. See Utah Code 11-13-501
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Gift card: means a record that:
       (19)(a) is usable at:

            (19)(a)(i) a single merchant; or

            (19)(a)(ii) a specified group of merchants;
       (19)(b) is prefunded before the record is used; and
       (19)(c) can be used for the purchase of goods or services. See Utah Code 13-32a-102
• Governing authority: means a governing board or joint administrator. See Utah Code 11-13-103
• Governing board: includes a board of directors described in an agreement, as amended, that creates a project entity. See Utah Code 11-13-103
• 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
• 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