Terms Used In Utah Code > Title 4 > Chapter 25 - Estrays

• 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
• 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.
• 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 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
• 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
• 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
• 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
• 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
• Cannabis: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41-102
• Career service position: means any position in the county service except those exempted under Section 17-33-8. See Utah Code 17-33-2
• CBD: means the cannabinoid identified as CAS# 13956-29-1. See Utah Code 4-41-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Client: means a person who receives services from or enters into an agreement to receive services from an immigration consultant. See Utah Code 13-49-102
• Commercial feed: means all materials that are distributed for use as feed or for mixing in feed. See Utah Code 4-12-102
• 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.
• 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
• Council: means the career service council, a three-member appeals and personnel advisory board. See Utah Code 17-33-2
• 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
• Customer: means a person who, for primarily personal, family, or household purposes:
       (1)(a) purchases a residential solar energy system under a system purchase agreement;
       (1)(b) leases a residential solar energy system under a system lease agreement; or
       (1)(c) purchases electricity under a power purchase agreement. See Utah Code 13-52-102
• 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
• 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
• Department: means the Department of Commerce. See Utah Code 13-49-102
• Dependent: A person dependent for support upon another.
• Director: means the director of personnel management. See Utah Code 17-33-2
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• 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
• Division: means the Division of Consumer Protection in the department. See Utah Code 13-49-102
• Division: means the Division of Consumer Protection, established in Section 13-2-1. See Utah Code 13-52-102
• 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
• 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
• Feed ingredient: means each constituent material in a commercial feed. See Utah Code 4-12-102
• 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
• 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.
• Fraud: Intentional deception resulting in injury to another.
• fund: means the Transportation Network Vehicle Recovery Fund created in Subsection (2). See Utah Code 13-51-201
• Home-produced: means a pet treat produced in a private home kitchen in the state. See Utah Code 4-12-102
• Immigration consultant: means an individual who provides nonlegal assistance or advice on an immigration matter including:
       (5)(a) completing a document provided by a federal or state agency, but not advising a person as to the person's answers on the document;
       (5)(b) translating a person's answer to a question posed in a document provided by a federal or state agency;
       (5)(c) securing for a person supporting documents, such as a birth certificate, that may be necessary to complete a document provided by a federal or state agency;
       (5)(d) submitting a completed document on a person's behalf and at the person's request to the United States Citizenship and Immigration Services; or
       (5)(e) for valuable consideration, referring a person to a person who could undertake legal representation activities in an immigration matter. See Utah Code 13-49-102
• Immigration matter: means a proceeding, filing, or action affecting the immigration or citizenship status of a person that arises under:
       (6)(a) immigration and naturalization law;
       (6)(b) executive order or presidential proclamation; or
       (6)(c) action of the United States Citizenship and Immigration Services, the United States Department of State, or the United States Department of Labor. See Utah Code 13-49-102
• 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: means any written, printed, or graphic matter upon or accompanying a commercial feed. See Utah Code 4-12-102
• 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
• 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
• Lien: A claim against real or personal property in satisfaction of a debt.
• 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
• Manufacture: means to grind, mix, blend, or otherwise process a commercial feed for distribution. See Utah Code 4-12-102
• Merit system: means a system of personnel administration based on the principles set forth in Section 17-33-3. See Utah Code 17-33-2
• Misbranded: includes commercial feed that is distributed under the name of another commercial feed. See Utah Code 4-12-102
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
• 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
• 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
• percentage: means percentage by weight. See Utah Code 4-12-102
• Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
• 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
• 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
• Position classification: means a grouping of positions under the same title which are sufficiently similar to be compensated at the same salary range and to which the same tests of ability can be applied. See Utah Code 17-33-2
• Power purchase agreement: means an agreement:
       (3)(a) between a customer and a solar retailer;
       (3)(b) for the customer's purchase of electricity generated by a residential solar energy system owned by the solar retailer; and
       (3)(c) that provides for the customer to make payments over a term of at least five years. See Utah Code 13-52-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• 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
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Quantity statement: means the net weight in mass, liquid measurement, or count. See Utah Code 4-12-102
• Quorum: The number of legislators that must be present to do business.
• Rebate: means :
       (1)(a) any allowance or discount against charged fees; or
       (1)(b) payment of any form of compensation, except for an item of nominal value, to:

            (1)(b)(i) an insured; or

            (1)(b)(ii) a person directly or indirectly associated with a residential building. See Utah Code 13-50-102
• 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.
• 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
• Repair work: means any work done to siding, gutters, a roof system, or a window system to repair damage caused by wind or hail. See Utah Code 13-50-102
• Residential building: means a single or multiple family dwelling of up to four units. See Utah Code 13-50-102
• Residential contractor: means a person that, for compensation, other than wages as an employee, contracts or offers to contract to:
       (4)(a) perform repair work on a residential building;
       (4)(b) arrange for, manage, or process repair work on a residential building; or
       (4)(c) serve as a representative, agent, or assignee of the owner or possessor of a residential building for purposes of repair work on the residential building. See Utah Code 13-50-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• Roof system: includes roof coverings, roof sheathing, roof weatherproofing, roof framing, roof ventilation, and roof insulation. See Utah Code 13-50-102
• Service of process: The service of writs or summonses to the appropriate party.
• 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
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Solar agreement: means a system purchase agreement, a system lease agreement, or a power purchase agreement. See Utah Code 13-52-102
• Solar energy system: means a system or configuration of solar energy devices that collects and uses solar energy to generate electricity. See Utah Code 13-52-102
• Solar retailer: means a person who:
       (7)(a) sells or proposes to sell a residential solar energy system to a customer under a system purchase agreement;
       (7)(b) owns the residential solar energy system that is the subject of a system lease agreement or proposed system lease agreement; or
       (7)(c) sells or proposes to sell electricity to a customer under a power purchase agreement. See Utah Code 13-52-102
• 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
• 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
• Subpoena: A command to a witness to appear and give testimony.
• System lease agreement: means an agreement:
       (8)(a) under which a customer leases a residential solar energy system from a solar retailer; and
       (8)(b) that provides for the customer to make payments over a term of at least five years for the lease of the residential solar energy system. See Utah Code 13-52-102
• System purchase agreement: means an agreement under which a customer purchases a residential solar energy system from a solar retailer. See Utah Code 13-52-102
• 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.
• Ton: means a net weight of 2,000 pounds avoirdupois. See Utah Code 4-12-102
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• 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
• 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