Utah Code > Title 4 > Chapter 3 – Utah Dairy Act

		Sections
Part 1	Organization	4-3-101 – 4-3-102
Part 2	Rules and Regulations	4-3-201 – 4-3-206
Part 3	Licensing Permits	4-3-301 – 4-3-302
Part 4	Unlawful Acts	4-3-401 – 4-3-403
Part 5	Special Programs	4-3-501 – 4-3-503

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Terms Used In Utah Code > Title 4 > Chapter 3 - Utah Dairy Act

Act: means the National Community and Service Trust Act of 1993, Utah Code 9-20-102
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
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
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.
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
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.
Antiquities Section: means the Antiquities Section of the State Historic Preservation Office. See Utah Code 9-9-402
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 body for a specific purpose. See Utah Code 10-6-106
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Boxing: means the sport of attack and defense using the fist, which is covered by an approved boxing glove. See Utah Code 9-23-101
Budget: means a plan of financial operations for a fiscal period which embodies estimates of proposed expenditures for given purposes and the proposed means of financing them. See Utah Code 10-6-106
Budget officer: means the city auditor in a city of the first and second class, the mayor or some person appointed by the mayor with the approval of the city council in a city of the third, fourth, or fifth class, the mayor in the council-mayor optional form of government, or the person designated by the charter in a charter city. See Utah Code 10-6-106
Budget period: means the fiscal period for which a budget is prepared. See Utah Code 10-6-106
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
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
Check: means an order in a specific amount drawn upon a depository by an authorized officer of a city. See Utah Code 10-6-106
City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
City general fund: means the general fund used by a city. See Utah Code 10-6-106
Club fighting: means any contest of unarmed combat, whether admission is charged or not, where:
          (3)(a)(i) the rules of the contest are not approved by the commission;
          (3)(a)(ii) a licensed physician, osteopath, or physician assistant approved by the commission is not in attendance;
          (3)(a)(iii) a correct HIV negative test regarding each contestant has not been provided to the commission;
          (3)(a)(iv) the contest is not conducted in accordance with commission rules; or
          (3)(a)(v) the contestants are not matched by the weight standards established in accordance with Section 9-23-316. See Utah Code 9-23-101
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
Commission: means the Utah Commission on Service and Volunteerism created in Section 9-20-201. See Utah Code 9-20-102
Commission: means the Utah Multicultural Commission created in Section 9-21-301. See Utah Code 9-21-102
Commission: means the Pete Suazo Utah Athletic Commission created by this chapter. See Utah Code 9-23-101
Commission: means the State Tax Commission. See Utah Code 10-1-303
Commission: means the State Tax Commission. See Utah Code 10-1-402
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.
Computing partnerships: means a set of skills, knowledge, and aptitudes used in computer science, information technology, or computer engineering courses and career options. See Utah Code 9-22-102
Contest: means a live match, performance, or exhibition involving two or more persons engaged in unarmed combat. See Utah Code 9-23-101
Contestant: means an individual who participates in a contest. See Utah Code 9-23-101
Contract: A legal written agreement that becomes binding when signed.
Contractual franchise fee: means :
     (2)(a) a fee:
          (2)(a)(i) provided for in a franchise agreement; and
          (2)(a)(ii) that is consideration for the franchise agreement; or
     (2)(b)
          (2)(b)(i) a fee similar to Subsection (2)(a); or
          (2)(b)(ii) any combination of Subsections (2)(a) and (b). See Utah Code 10-1-303
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
Cultural affiliation: means that there is a relationship of shared group identity that can be reasonably traced historically or prehistorically between a present day Indian tribe and an identifiable earlier group. See Utah Code 9-9-402
Current period: means the fiscal period in which a budget is prepared and adopted, i. See Utah Code 10-6-106
customer: means the person who is obligated under a contract with a telecommunications provider to pay for telecommunications service received under the contract. See Utah Code 10-1-402
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.
De minimis amount: means an amount of taxable energy that does not exceed the greater of:
(4)(a) 5% of the energy supplier's estimated total Utah gross receipts from sales of property or services; or
(4)(b) $10,000. See Utah Code 10-1-303
Delivered value: means the fair market value of the taxable energy delivered for sale or use in the municipality and includes:
(3)(a)(i) the value of the energy itself; and
(3)(a)(ii) any transportation, freight, customer demand charges, services charges, or other costs typically incurred in providing taxable energy in usable form to each class of customer in the municipality. See Utah Code 10-1-303
Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
Department: means any functional unit within a fund that carries on a specific activity, such as a fire or police department within a city general fund. See Utah Code 10-6-106
Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102
Designated commission member: means a member of the commission designated to:
(7)(a) attend and supervise a particular contest; and
(7)(b) act on the behalf of the commission at a contest venue. See Utah Code 9-23-101
Director: means the director of the Division of Multicultural Affairs. See Utah Code 9-21-102
Director: means the director appointed by the STEM board to oversee the administration of the STEM Action Center. See Utah Code 9-22-102
Director: means the director appointed by the commission. See Utah Code 9-23-101
Director: means the director of the Division of Indian Affairs. See Utah Code 9-9-402
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Distributor: means any person who distributes a dairy product. See Utah Code 4-3-102
division: means the Utah Division of Indian Affairs created in Section 9-9-102. See Utah Code 9-9-101
Division: means the Division of Multicultural Affairs created in Section 9-21-201. See Utah Code 9-21-102
Division: means the Division of Indian Affairs. See Utah Code 9-9-402
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
Educator: means the same as that term is defined in Section 53E-6-102. See Utah Code 9-22-102
Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
Elimination unarmed combat contest: means a contest where:
     (9)(a) a number of contestants participate in a tournament;
     (9)(b) the duration is not more than 48 hours; and
     (9)(c) the loser of each contest is eliminated from further competition. See Utah Code 9-23-101
End user: means the person who uses a telecommunications service. See Utah Code 10-1-402
Energy supplier: means a person supplying taxable energy, except that the commission may by rule exclude from this definition a person supplying a de minimis amount of taxable energy. See Utah Code 10-1-303
Enterprise fund: means a fund as defined by the Governmental Accounting Standards Board that is used by a municipality to report an activity for which a fee is charged to users for goods or services. See Utah Code 10-5-102.5
Enterprise fund: means a fund as defined by the Governmental Accounting Standards Board that is used by a municipality to report an activity for which a fee is charged to users for goods or services. See Utah Code 10-6-106
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 revenue: means the amount of revenue estimated to be received from all sources during the budget period in each fund for which a budget is being prepared. See Utah Code 10-6-106
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 director: means the executive director of the Department of Cultural and Community Engagement. See Utah Code 9-1-102
Exhibition: means an engagement in which the participants show or display their skills without necessarily striving to win. See Utah Code 9-23-101
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.
Fairpark district: means the Utah Fairpark Area Investment and Restoration District, created in Section 11-70-201. See Utah Code 10-1-303
Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
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
Financial officer: means the mayor in the council-mayor optional form of government or the city official as authorized by Section 10-6-158. See Utah Code 10-6-106
Fiscal period: means the annual or biennial period for accounting for fiscal operations in each city. See Utah Code 10-6-106
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.
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
Foundation: means a foundation established as described in Subsections 9-22-104(3) and (4). See Utah Code 9-22-102
Franchise agreement: means a franchise or an ordinance, contract, or agreement granting a franchise. See Utah Code 10-1-303
Franchise tax: means :
     (8)(a) a franchise tax;
     (8)(b) a tax similar to a franchise tax; or
     (8)(c) any combination of Subsections (8)(a) and (b). See Utah Code 10-1-303
Fraud: Intentional deception resulting in injury to another.
Fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 10-5-102.5
Fund: is a s defined by generally accepted accounting principles as reflected in the Uniform Accounting Manual for Utah Cities. See Utah Code 10-6-106
Fund: means the STEM Action Center Foundation Fund created in Section 9-22-105. See Utah Code 9-22-102
General fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 10-5-102.5
General fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 10-6-106
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
Governing body: means a city council, or city commission, as the case may be, but the authority to make any appointment to any position created by this chapter is vested in the mayor in the council-mayor optional form of government. See Utah Code 10-6-106
Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
Grant program: means the Computing Partnerships Grants program created in this part. See Utah Code 9-22-102
Gross receipts from telecommunications service: includes a charge necessary to complete a sale of a telecommunications service. See Utah Code 10-1-402
High quality professional development: means professional development that meets high quality standards developed by the State Board of Education. See Utah Code 9-22-102
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
Human rights commission: means the Utah Martin Luther King, Jr. See Utah Code 9-21-102
Indian reservation: means :
(1) all land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights of way running through the reservation; and
(2) all Indian allotments, to which the Indian titles have not been extinguished, including rights of way thereon. See Utah Code 9-9-210
Indian tribe: means a tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 9-9-402
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
Institution of higher education: means an institution listed in Section 53B-1-102. See Utah Code 9-22-102
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
Interfund loan: means a loan of cash from one fund to another, subject to future repayment. See Utah Code 10-5-102.5
Interfund loan: means a loan of cash from one fund to another, subject to future repayment. See Utah Code 10-6-106
Judge: means an individual qualified by training or experience to:
     (11)(a) rate the performance of contestants;
     (11)(b) score a contest; and
     (11)(c) determine with other judges whether there is a winner of the contest or whether the contestants performed equally, resulting in a draw. See Utah Code 9-23-101
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
Last completed fiscal period: means the fiscal period next preceding the current period. See Utah Code 10-6-106
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}
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Licensee: means an individual licensed by the commission to act as a:
     (12)(a) contestant;
     (12)(b) judge;
     (12)(c) manager;
     (12)(d) promoter;
     (12)(e) referee;
     (12)(f) second; or
     (12)(g) other official established by the commission by rule. See Utah Code 9-23-101
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
Man: means an adult human male. See Utah Code 68-3-12.5
Manager: means an individual who represents a contestant for the purpose of:
     (13)(a) obtaining a contest for a contestant;
     (13)(b) negotiating terms and conditions of the contract under which the contestant will engage in a contest; or
     (13)(c) arranging for a second for the contestant at a contest. See Utah Code 9-23-101
Manufacturer: means any person who processes milk in a way that changes the milk's character. See Utah Code 4-3-102
Military authority: means the Military Installation Development Authority, created in Section 63H-1-201. See Utah Code 10-1-303
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
Mobile telecommunications service: is a s defined in the Mobile Telecommunications Sourcing Act, Utah Code 10-1-402
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
Municipal: means of or relating to a municipality. See Utah Code 10-1-104
Municipality: means :
     (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
     (5)(b) a town, as classified in Section 10-2-301; or
     (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
Municipality: means a city or town. See Utah Code 10-1-303
Municipality: means a city or town. See Utah Code 10-1-402
Native American: means of or relating to a tribe, people, or culture that is indigenous to the United States. See Utah Code 9-9-402
Native American remains: means remains that are Native American. See Utah Code 9-9-402
Nonfederal land: includes :
          (10)(b)(i) land owned or controlled by:
               (10)(b)(i)(A) the state;
               (10)(b)(i)(B) a county, city, or town;
               (10)(b)(i)(C) an Indian tribe, if the land is not held in trust by the United States for the Indian tribe or the Indian tribe's members; or
               (10)(b)(i)(D) a person other than the federal government; or
          (10)(b)(ii) school and institutional trust lands as defined in Section 53C-1-103. See Utah Code 9-9-402
Noxious weed seeds: means :
(25)(a) prohibited noxious weed seeds; or
(25)(b) restricted noxious weed seeds. See Utah Code 4-16-102
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
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
Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
Oversight: Committee review of the activities of a Federal agency or program.
Partner agency: means an agency of the state or a tribal agency that participates in the remains repatriation process. See Utah Code 9-9-402
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
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, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
Person: means an individual, partnership, corporation, company, association, receiver, trustee, or agent. See Utah Code 4-16-102
Person: is a s defined in Section 59-12-102. See Utah Code 10-1-303
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
Plant: means any facility where milk is processed or manufactured. See Utah Code 4-3-102
Point of the mountain authority: means the Point of the Mountain State Land Authority, created in Section 11-59-201. See Utah Code 10-1-303
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Probate: Proving a will
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
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
Promoter: means a person who engages in producing or staging contests and promotions. See Utah Code 9-23-101
Promotion: means a single contest or a combination of contests that:
(15)(a) occur during the same time and at the same location; and
(15)(b) is produced or staged by a promoter. See Utah Code 9-23-101
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.
Provider: means a provider selected on behalf of the STEM board by the staff of the STEM board and the staff of the State Board of Education:
(10)(a) through a request for proposals process; or
(10)(b) through a direct award or sole source procurement process for a pilot described in Section 9-22-107. See Utah Code 9-22-102
Public funds: means any money or payment collected or received by an officer or employee of the city acting in an official capacity and includes money or payment to the officer or employee for services or goods provided by the city, or the officer or employee while acting within the scope of employment or duty. See Utah Code 10-6-106
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
Purse: means any money, prize, remuneration, or any other valuable consideration a contestant receives or may receive for participation in a contest. See Utah Code 9-23-101
Quorum: The number of legislators that must be present to do business.
Raw milk: means unpasteurized milk. See Utah Code 4-3-102
Referee: means an individual qualified by training or experience to act as the official attending a contest at the point of contact between contestants for the purpose of:
     (17)(a) enforcing the rules relating to the contest;
     (17)(b) stopping the contest in the event the health, safety, and welfare of a contestant or any other person in attendance at the contest is in jeopardy; and
     (17)(c) acting as a judge if so designated by the commission. See Utah Code 9-23-101
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.
Remains: means all or part of a physical individual and objects on or attached to the physical individual that are placed there as part of the death rite or ceremony of a culture. See Utah Code 9-9-402
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
Retailer: means any person who sells or distributes dairy products directly to the consumer. See Utah Code 4-3-102
Review committee: means the committee established under Section 9-22-114. See Utah Code 9-22-102
Review committee: means the Native American Remains Review Committee created by Section 9-9-405. See Utah Code 9-9-402
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
Round: means one of a number of individual time periods that, taken together, constitute a contest during which contestants are engaged in a form of unarmed combat. See Utah Code 9-23-101
Second: means an individual who attends a contestant at the site of the contest before, during, and after the contest in accordance with contest rules. See Utah Code 9-23-101
Seed for sprouting: means seed sold for sprouting for salad or culinary purposes. See Utah Code 4-16-102
service address: means :
     (8)(a) if the location described in this Subsection (8)(a) is known, the location of the telecommunications equipment:
          (8)(a)(i) to which a call is charged; and
          (8)(a)(ii) from which the call originates or terminates;
     (8)(b) if the location described in Subsection (8)(a) is not known but the location described in this Subsection (8)(b) is known, the location of the origination point of the signal of the telecommunications service first identified by:
          (8)(b)(i) the telecommunications system of the telecommunications provider; or
          (8)(b)(ii) if the system used to transport the signal is not a system of the telecommunications provider, information received by the telecommunications provider from its service provider; or
     (8)(c) if the locations described in Subsection (8)(a) or (b) are not known, the location of a customer's place of primary use. See Utah Code 10-1-402
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.
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
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
Special fund: means any fund other than the city general fund. See Utah Code 10-6-106
Stacked credentials: means credentials that:
     (12)(a) an individual can build upon to access an advanced job or higher wage;
     (12)(b) are part of a career pathway system;
     (12)(c) provide a pathway culminating in the equivalent of an associate's or bachelor's degree;
     (12)(d) facilitate multiple exit and entry points; and
     (12)(e) recognize sub-goals or momentum points. See Utah Code 9-22-102
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
State land: means land owned by the state including the state's:
          (14)(a)(i) legislative and judicial branches;
          (14)(a)(ii) departments, divisions, agencies, boards, commissions, councils, and committees; and
          (14)(a)(iii) institutions of higher education as defined under Section 53B-3-102. See Utah Code 9-9-402
Statute: A law passed by a legislature.
STEM: means science, technology, engineering, and mathematics. See Utah Code 9-22-102
STEM Action Center: means the center described in Section 9-22-106. See Utah Code 9-22-102
STEM board: means the STEM Action Center Board created in Section 9-22-103. See Utah Code 9-22-102
Subpoena: A command to a witness to appear and give testimony.
Taxable energy: means gas and electricity. See Utah Code 10-1-303
telecommunications provider: means a person that:
(9)(a)(i) owns, controls, operates, or manages a telecommunications service; or
(9)(a)(ii) engages in an activity described in Subsection (9)(a)(i) for the shared use with or resale to any person of the telecommunications service. See Utah Code 10-1-402
Telecommunications service: means :
     (10)(a) telecommunications service, as defined in Section 59-12-102, other than mobile telecommunications service, that originates and terminates within the boundaries of this state;
     (10)(b) mobile telecommunications service, as defined in Section 59-12-102:
          (10)(b)(i) that originates and terminates within the boundaries of one state; and
          (10)(b)(ii) only to the extent permitted by the Mobile Telecommunications Sourcing Act, Utah Code 10-1-402
telecommunications tax or fee: means any of the following imposed by a municipality on a telecommunications provider:
          (11)(a)(i) a tax;
          (11)(a)(ii) a license;
          (11)(a)(iii) a fee;
          (11)(a)(iv) a license fee;
          (11)(a)(v) a license tax;
          (11)(a)(vi) a franchise fee; or
          (11)(a)(vii) a charge similar to a tax, license, or fee described in Subsections (11)(a)(i) through (vi). See Utah Code 10-1-402
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: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Town general fund: means the general fund used by a town. See Utah Code 10-5-102.5
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
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Tribal consultation: means the state and the tribes exchanging views and information, in writing or in person, regarding implementing proposed state action under this part that has or may have substantial implications for tribes including impacts on:
     (15)(a) tribal cultural practices;
     (15)(b) tribal lands;
     (15)(c) tribal resources;
     (15)(d) access to traditional areas of tribal cultural or religious importance; or
     (15)(e) the consideration of the state's responsibilities to Indian tribes. See Utah Code 9-9-402
tribe: means a tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 9-9-101
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
Ultimate fighting: means a live contest, whether or not an admission fee is charged, in which:
     (22)(a) contest rules permit contestants to use a combination of boxing, kicking, wrestling, hitting, punching, or other combative contact techniques;
     (22)(b) contest rules incorporate a formalized system of combative techniques against which a contestant's performance is judged to determine the prevailing contestant;
     (22)(c) contest rules divide nonchampionship contests into three equal and specified rounds of no more than five minutes per round with a rest period of one minute between each round;
     (22)(d) contest rules divide championship contests into five equal and specified rounds of no more than five minutes per round with a rest period of one minute between each round; and
     (22)(e) contest rules prohibit contestants from:
          (22)(e)(i) using anything that is not part of the human body, except for boxing gloves, to intentionally inflict serious bodily injury upon an opponent through direct contact or the expulsion of a projectile;
          (22)(e)(ii) striking a person who demonstrates an inability to protect himself from the advances of an opponent;
          (22)(e)(iii) biting; or
          (22)(e)(iv) direct, intentional, and forceful strikes to the eyes, groin area, Adam's apple area of the neck, and the rear area of the head and neck. See Utah Code 9-23-101
Unarmed combat: means boxing or any other form of competition in which a blow is usually struck which may reasonably be expected to inflict bodily injury. See Utah Code 9-23-101
Unincorporated: means not within a municipality. See Utah Code 10-1-104
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Unlawful conduct: means organizing, promoting, or participating in a contest which involves contestants that are not licensed under this chapter. See Utah Code 9-23-101
Unprofessional conduct: means :
     (25)(a) entering into a contract for a contest in bad faith;
     (25)(b) participating in any sham or fake contest;
     (25)(c) participating in a contest pursuant to a collusive understanding or agreement in which the contestant competes in or terminates the contest in a manner that is not based upon honest competition or the honest exhibition of the skill of the contestant;
     (25)(d) engaging in an act or conduct that is detrimental to a contest, including any foul or unsportsmanlike conduct in connection with a contest;
     (25)(e) failing to comply with any limitation, restriction, or condition placed on a license;
     (25)(f) striking of a downed opponent by a contestant while the contestant remains on the contestant's feet, unless the designated commission member or director has exempted the contest and each contestant from the prohibition on striking a downed opponent before the start of the contest;
     (25)(g) after entering the ring or contest area, penetrating an area within four feet of an opponent by a contestant, manager, or second before the commencement of the contest; or
     (25)(h) as further defined by rules made by the commission under Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 9-23-101
Utility: means a utility owned by a town, in whole or in part, that provides electricity, gas, water, or sewer, or any combination of them. See Utah Code 10-5-102.5
Utility: means a utility owned by a city, in whole or in part, that provides electricity, gas, water, or sewer, or any combination of them. See Utah Code 10-6-106
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
Venue: The geographical location in which a case is tried.
Warrant: means an order drawn upon the city treasurer, in the absence of sufficient money in the city's depository, by an authorized officer of a city for the purpose of paying a specified amount out of the city treasury to the person named or to the bearer as money becomes available. See Utah Code 10-6-106
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
White-collar contest: means a contest conducted at a training facility where no alcohol is served in which:
(26)(a) for boxing:
(26)(a)(i) neither contestant is or has been a licensed contestant in any state or an amateur registered with USA Boxing, Inc. See Utah Code 9-23-101
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