Terms Used In Utah Code > Title 4 > Chapter 16 > Part 3 - Enforcement

• 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
• Certificate: means a document allowing a person to market milk. See Utah Code 4-3-102
• 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
• Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
• 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
• 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.
• 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
• 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
• 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
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Label: includes a representation on an invoice, bill, or letterhead. See Utah Code 4-16-102
• 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}
• 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
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Raw milk: means unpasteurized milk. See Utah Code 4-3-102
• 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.
• Retailer: means any person who sells or distributes dairy products directly to the consumer. See Utah Code 4-3-102
• 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
• 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.
• 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.
• 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