Terms Used In Utah Code > Title 4 > Chapter 22 - Dairy Promotion

• 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
• 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.
• Audiovisual recording function: means the capability of a device to record or transmit a motion picture or any part of the motion picture by means of any technology. See Utah Code 13-10b-102
• Bequest: Property gifted by will.
• board: means the Utah Motor Vehicle Franchise Advisory Board created in Section 13-14-103. See Utah Code 13-14-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commission: means the Utah Dairy Commission. See Utah Code 4-22-102
• Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
• 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.
• Correct: means conformance to applicable requirements of this chapter. See Utah Code 4-9-102
• 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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
• Dealership: means a site or location in this state:
       (5)(a) at which a franchisee conducts the business of a new motor vehicle dealer; and
       (5)(b) that is identified as a new motor vehicle dealer's principal place of business for licensing purposes under Section 41-3-204. See Utah Code 13-14-102
• Department: means the Department of Commerce. See Utah Code 13-14-102
• Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
• Director: means the director of the office. See Utah Code 13-1b-101
• 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
• Donor: The person who makes a gift.
• 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}
• 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: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
       (2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
       (2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
• Executive director: means the executive director of the Department of Commerce. See Utah Code 13-14-102
• Executive director: means the executive director of the Department of Commerce. See Utah Code 13-1b-101
• 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.
• fifth wheel trailer: means a portable vehicle without motive power, designed as a temporary dwelling for travel, recreational, or vacation use that does not require a special highway movement permit when drawn by a self-propelled motor vehicle. See Utah Code 13-14-102
• franchise agreement: includes a sales and service agreement. See Utah Code 13-14-102
• Franchisee: means a person with whom a franchisor has agreed or permitted, in writing or in practice, to purchase, sell, or offer for sale new motor vehicles manufactured, produced, represented, or distributed by the franchisor. See Utah Code 13-14-102
• Franchisor: means a person who has, in writing or in practice, agreed with or permits a franchisee to purchase, sell, or offer for sale new motor vehicles manufactured, produced, assembled, represented, or distributed by the franchisor, and includes:
       (11)(a) the manufacturer, producer, assembler, or distributor of the new motor vehicles;
       (11)(b) an intermediate distributor; and
       (11)(c) an agent, officer, or field or area representative of the franchisor. See Utah Code 13-14-102
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Government requestor: means :
       (4)(a) the governor;
       (4)(b) an executive branch officer other than the governor;
       (4)(c) an executive branch agency;
       (4)(d) a legislator; or
       (4)(e) a legislative committee. See Utah Code 13-1b-101
• 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
• 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.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Joint resolution: A legislative measure which requires the approval of both chambers.
• 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.
• 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}
• Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
       (3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
       (3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
• licensing: means a state-granted authorization for a person to engage in a specified occupation:
       (6)(a) based on the person meeting personal qualifications established under state law; and
       (6)(b) where state law requires the authorization before the person may lawfully engage in the occupation for compensation. See Utah Code 13-1b-101
• Line-make: means :
       (13)(a) for other than a recreational vehicle, the motor vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the franchisor; or
       (13)(b) for a recreational vehicle, a specific series of recreational vehicle product that:

            (13)(b)(i) is identified by a common series trade name or trademark;

            (13)(b)(ii) is targeted to a particular market segment, as determined by decor, features, equipment, size, weight, and price range;

            (13)(b)(iii) has a length and floor plan that distinguish the recreational vehicle from other recreational vehicles with substantially the same decor, features, equipment, size, weight, and price;

            (13)(b)(iv) belongs to a single, distinct classification of recreational vehicle product type having a substantial degree of commonality in the construction of the chassis, frame, and body; and

            (13)(b)(v) a franchise agreement authorizes a dealer to sell. See Utah Code 13-14-102
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Motion picture theater: means a movie theater, screening room, or other venue that is being utilized primarily for the exhibition of a motion picture at the time of the commission of an offense under Section 13-10b-201. See Utah Code 13-10b-102
• Motor home: means a self-propelled vehicle, primarily designed as a temporary dwelling for travel, recreational, or vacation use. See Utah Code 13-14-102
• Motor vehicle: means :
            (16)(a)(i) except as provided in Subsection (16)(b), a trailer;
            (16)(a)(ii) a travel trailer;
            (16)(a)(iii) except as provided in Subsection (16)(b), a motor vehicle as defined in Section 41-3-102;
            (16)(a)(iv) a semitrailer as defined in Section 41-1a-102; and
            (16)(a)(v) a recreational vehicle. See Utah Code 13-14-102
• New motor vehicle: means a motor vehicle that:
       (17)(a) has never been titled or registered; and
       (17)(b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven less than 7,500 miles. See Utah Code 13-14-102
• New motor vehicle dealer: is a person who is licensed under Subsection 41-3-202(1) to sell new motor vehicles. See Utah Code 13-14-102
• Notice area: means the geographic area that is:
       (20)(a) within a radius of at least six miles and no more than 10 miles from the site of an existing dealership; and
       (20)(b) located within a county with a population of at least 225,000. See Utah Code 13-14-102
• Occupation: means a course of conduct, pursuit, or profession that includes the sale of goods or services that are not illegal to sell, irrespective of whether the individual selling the goods or services is subject to an occupational regulation. See Utah Code 13-1b-101
• Office: means the Office of Professional Licensure Review created in this chapter. See Utah Code 13-1b-101
• 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
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner or employee: means the owner or lessee of a motion picture theater, or the authorized agent or employee of the owner or lessee. See Utah Code 13-10b-102
• Package: means a commodity put up or packaged before sale in either wholesale or retail saleunits. See Utah Code 4-9-102
• Periodic review: means a review described in Subsection 13-1b-203(2). See Utah Code 13-1b-101
• 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
• Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• 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
• 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.
• Quorum: The number of legislators that must be present to do business.
• Recall: means a determination by a franchisor or the National Highway Traffic Safety Administration that a motor vehicle has a safety-related defect or fails to meet a federal safety or emissions standard. See Utah Code 13-14-102
• Recreational vehicle: includes :
            (24)(b)(i) a travel trailer;
            (24)(b)(ii) a camping trailer;
            (24)(b)(iii) a motor home;
            (24)(b)(iv) a fifth wheel trailer; and
            (24)(b)(v) a van. See Utah Code 13-14-102
• Regulated occupation: means an occupation that:
       (12)(a) requires a person to obtain a license to practice the occupation; or
       (12)(b) provides for state certification or state registration. See Utah Code 13-1b-101
• Sale from bulk: means the sale of commodities, when the quantity is determined at the time of sale. See Utah Code 4-9-102
• Secondary standards: means a physical standard which is traceable to primary standards through comparisons, using acceptable laboratory procedures. See Utah Code 4-9-102
• Small trailer: means the same as that term is defined in Section 41-3-102. See Utah Code 13-14-102
• 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.
• Sunrise review: means a review under this chapter of an application to establish a new regulated occupation. See Utah Code 13-1b-101
• 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
• Trailer: means the same as that term is defined in Section 41-3-102. See Utah Code 13-14-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Used motor vehicle: means a motor vehicle that:
       (33)(a) has been titled and registered to a purchaser other than a franchisee; or
       (33)(b) for a motor vehicle that is not a trailer, travel trailer, or semitrailer, has been driven 7,500 or more miles. See Utah Code 13-14-102
• Venue: The geographical location in which a case is tried.
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• 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
• 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 user: means a person who uses weights and measures in trade or commerce. See Utah Code 4-9-102
• Woman: means an adult human female. See Utah Code 68-3-12.5
• 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