Terms Used In Utah Code > Title 4 > Chapter 16 > Part 2 - Regulations

• 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 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
• 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.
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Certificate: means a document allowing a person to market milk. See Utah Code 4-3-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• 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
• Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• 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.
• Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
• Distributor: means any person who distributes a dairy product. See Utah Code 4-3-102
• 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
• 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}
• 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
• Fraud: Intentional deception resulting in injury to another.
• 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
• 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
• 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.
• 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
• Label: includes a representation on an invoice, bill, or letterhead. See Utah Code 4-16-102
• 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: 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
• Lien: A claim against real or personal property in satisfaction of a debt.
• 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
• Manufacturer: means any person who processes milk in a way that changes the milk's character. See Utah Code 4-3-102
• 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
• 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
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• 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
• Noxious weed seeds: means :
       (25)(a) prohibited noxious weed seeds; or
       (25)(b) restricted noxious weed seeds. See Utah Code 4-16-102
• 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
• 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
• 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
• Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
• Person: means an individual, partnership, corporation, company, association, receiver, trustee, or agent. See Utah Code 4-16-102
• Plant: means any facility where milk is processed or manufactured. See Utah Code 4-3-102
• 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
• 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
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• 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
• Raw milk: means unpasteurized milk. See Utah Code 4-3-102
• 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
• Seed for sprouting: means seed sold for sprouting for salad or culinary purposes. See Utah Code 4-16-102
• 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.
• 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
• 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
• Statute: A law passed by a legislature.
• 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.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• 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
• 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
• 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
• 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
• Weight: means the net weight of the commodity. See Utah Code 4-16-102
• 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