§ 4-32-101 Title
§ 4-32-102 Purpose declaration
§ 4-32-103 Adoption of federal provisions
§ 4-32-104 Emergency rules
§ 4-32-105 Definitions
§ 4-32-106 Meat establishment license — Slaughtering livestock except in licensed meat establishment prohibited — Exceptions — Violation a misdemeanor
§ 4-32-107 Meat establishment and farm custom slaughter licenses — Application — Fees — Expiration — Renewal
§ 4-32-108 Duties of person who holds a farm custom slaughter license
§ 4-32-109 Mandatory functions, powers, and duties of department prescribed
§ 4-32-110 Discretionary functions, powers, and duties of commissioner prescribed
§ 4-32-111 Additional powers of commissioner
§ 4-32-112 Judicial review of orders enforcing chapter
§ 4-32-113 Preparation and slaughter of livestock, poultry, or livestock and poultry products — Adulterated or misbranded products — Violation of rule or order
§ 4-32-114 Unauthorized use or possession of official devices, labels, marks, or certificates — False statements, misrepresentations, and trade secrets
§ 4-32-115 Meat or poultry products to be marked or labeled — Meat or poultry products not intended for human food — Dead, dying, disabled, or diseased animals
§ 4-32-116 Attempt to bribe state officer or employee — Acceptance of bribe — Interference with official duties — Penalties
§ 4-32-117 Inspection of products placed in containers — Supervision of inspector — Access to establishment
§ 4-32-118 Detention of animals or meat or poultry products — Removal of official marks
§ 4-32-119 Quarantine authorized — Conditions giving rise to quarantine
§ 4-32-120 Rules for the construction and operation of meat establishments authorized
§ 4-32-121 Suspension or revocation — Grounds
§ 4-32-122 Denial of application for farm custom slaughter license — Venue for judicial review
§ 4-32-123 Animals slaughtered or the meat and poultry products not intended for human use — No inspection — Products to be denatured or otherwise identified
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Terms Used In Utah Code > Title 4 > Chapter 32 - Utah Meat and Poultry Products Inspection and Licensing Act

  • Account: means the Environmental Voluntary Cleanup restricted account created under Section 19-8-103. See Utah Code 19-8-102
  • Address: includes :
              (1)(b)(i) a post office box number;
              (1)(b)(ii) a rural free delivery route number; and
              (1)(b)(iii) a street name and number. See Utah Code 16-6a-102
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • 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 meat or poultry product that:
         (1)(a) bears or contains any poisonous or deleterious substance that may render it injurious to health, but, if the substance is not an added substance, the meat or poultry product is not considered adulterated under this subsection if the quantity of the substance in or on the meat or poultry product does not ordinarily render it injurious to health;
         (1)(b) bears or contains, by reason of the administration of any substance to the animal or otherwise, any added poisonous or added deleterious substance that in the judgment of the commissioner makes the meat or poultry product unfit for human food;
         (1)(c) contains, in whole or in part, a raw agricultural commodity and that commodity bears or contains a pesticide chemical that is unsafe within the meaning of Utah Code 4-32-105
  • advertising: means information provided by a person in any medium:
         (2)(a) to the public; and
         (2)(b) that is not age restricted to an individual who is at least 21 years old. See Utah Code 4-41a-102
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • agent: include any person who, while serving the indicated relationship to the nonprofit corporation, at the nonprofit corporation's request, is or was serving as a director, officer, partner, trustee, employee, fiduciary, or agent of:
              (5)(a)(i) another domestic or foreign corporation;
              (5)(a)(ii) another person; or
              (5)(a)(iii) an employee benefit plan. See Utah Code 16-6a-901
  • Agreement: means a voluntary cleanup agreement under this chapter. See Utah Code 19-8-102
  • Amenable species: means :
         (2)(a) livestock, including cattle, sheep, goats, swine, or equine; or
         (2)(b) poultry, including a domesticated chicken, turkey, duck, goose, guinea, ratite, or squab. See Utah Code 4-32-105
  • 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: means a domesticated or captive mammalian or avian species. See Utah Code 4-32-105
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Antemortem inspection: means an inspection of a live animal immediately before slaughter. See Utah Code 4-32-105
  • 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.
  • Applicant: means the person:
         (3)(a) who submits an application to participate in a voluntary cleanup agreement under this chapter; or
         (3)(b) who enters into a voluntary cleanup agreement made under this chapter with the executive director. See Utah Code 19-8-102
  • 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
  • Articles of incorporation: include :
         (3)(a) amended articles of incorporation;
         (3)(b) restated articles of incorporation;
         (3)(c) articles of merger; and
         (3)(d) a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • board: means the Cannabis Production Establishment and Pharmacy Licensing Advisory Board created in Section Utah Code 4-41a-102
  • board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
  • Broker: means any person engaged in the business of buying and selling meat or poultry products other than for the person's own account. See Utah Code 4-32-105
  • Bylaws: includes :
              (6)(b)(i) amended bylaws; and
              (6)(b)(ii) restated bylaws. See Utah Code 16-6a-102
  • Cannabis: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • Cannabis cultivation facility: means a person that:
         (10)(a) possesses cannabis;
         (10)(b) grows or intends to grow cannabis; and
         (10)(c) sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis processing facility, or a medical cannabis research licensee. See Utah Code 4-41a-102
  • Cannabis processing facility: means a person that:
         (14)(a) acquires or intends to acquire cannabis from a cannabis production establishment;
         (14)(b) possesses cannabis with the intent to manufacture a cannabis product;
         (14)(c) manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract; and
         (14)(d) sells or intends to sell a cannabis product to a medical cannabis pharmacy or a medical cannabis research licensee. See Utah Code 4-41a-102
  • Cannabis product: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • Cannabis production establishment: means a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory. See Utah Code 4-41a-102
  • Cannabis production establishment agent: means a cannabis cultivation facility agent, a cannabis processing facility agent, or an independent cannabis testing laboratory agent. See Utah Code 4-41a-102
  • Cannabis production establishment agent registration card: means a registration card that the department issues that:
         (19)(a) authorizes an individual to act as a cannabis production establishment agent; and
         (19)(b) designates the type of cannabis production establishment for which an individual is authorized to act as an agent. See Utah Code 4-41a-102
  • Capable of use as human food: means any animal carcass, or part or product of a carcass, unless it is denatured or otherwise identified as required by rules of the department to deter the carcass or product's use as human food. See Utah Code 4-32-105
  • Charitable organization: means the same as that term is defined in Section 13-22-2. See Utah Code 16-6a-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Class: means a group of memberships that has the same right with respect to voting, dissolution, redemption, transfer, or other characteristics. See Utah Code 16-6a-102
  • Commissioner: includes a person authorized by the commissioner to carry out the provisions of this chapter. See Utah Code 4-32-105
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community location: means a public or private elementary or secondary school, a church, a public library, a public playground, or a public park. See Utah Code 4-41a-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Completion: means , regarding property covered by an agreement:
         (4)(a) no further response actions are necessary; or
         (4)(b) the applicant is satisfactorily maintaining the engineering controls, remediation systems, postclosure care, and institutional controls to the extent required pursuant to the voluntary cleanup agreement. See Utah Code 19-8-102
  • Contaminant: means :
         (5)(a) hazardous materials as defined in Section 19-6-302;
         (5)(b) hazardous substance as defined in Section 19-6-302;
         (5)(c) hazardous waste as defined in Section 19-6-102;
         (5)(d) hazardous waste constituent listed in Utah Code 19-8-102
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • cooperative: means a nonprofit corporation organized or existing under this chapter. See Utah Code 16-6a-102
  • Corporate name: means :
         (13)(a) the name of a domestic corporation as stated in the domestic corporation's articles of incorporation;
         (13)(b) the name of a domestic nonprofit corporation as stated in the domestic nonprofit corporation's articles of incorporation;
         (13)(c) the name of a foreign corporation as stated in the foreign corporation's:
              (13)(c)(i) articles of incorporation; or
              (13)(c)(ii) document of similar import to articles of incorporation; or
         (13)(d) the name of a foreign nonprofit corporation as stated in the foreign nonprofit corporation's:
              (13)(d)(i) articles of incorporation; or
              (13)(d)(ii) document of similar import to articles of incorporation. See Utah Code 16-6a-102
  • Corporate records: means the records described in Section 16-6a-1601. See Utah Code 16-6a-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.
  • Corporation: means a nonprofit corporation or a profit corporation. See Utah Code 16-4-102
  • Custom exempt processing: means processing meat, wild game, amenable species, or nonamenable species as a service for the person who owns the meat, wild game, amenable species, or nonamenable species, if the person:
         (10)(a) uses the meat, meat food products, slaughtered amenable species, wild game, or slaughtered nonamenable species for the person's own consumption, including consumption by immediate family members and nonpaying guests; or
         (10)(b) offers the slaughtered nonamenable species for wholesale or retail sale. See Utah Code 4-32-105
  • Custom exempt slaughter: includes farm custom slaughter. See Utah Code 4-32-105
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Delegate: means a person elected or appointed to vote in a representative assembly:
         (16)(a) for the election of a director; or
         (16)(b) on matters other than the election of a director. See Utah Code 16-6a-102
  • Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102
  • Delivery address: means :
         (23)(a) for a medical cannabis cardholder who is not a facility:
              (23)(a)(i) the medical cannabis cardholder's home address; or
              (23)(a)(ii) an address designated by the medical cannabis cardholder that:
                   (23)(a)(ii)(A) is the medical cannabis cardholder's workplace; and
                   (23)(a)(ii)(B) is not a community location; or
         (23)(b) for a medical cannabis cardholder that is a facility, the facility's address. See Utah Code 4-41a-102
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • Department: means the Department of Environmental Quality. See Utah Code 19-1-103
  • Department: means the Department of Agriculture and Food. See Utah Code 4-41a-102
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Director: means a member of the board of directors. See Utah Code 16-6a-102
  • Director: includes , unless the context requires otherwise, the estate or personal representative of a director. See Utah Code 16-6a-901
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Distribution: means the payment of a dividend or any part of the income or profit of a nonprofit corporation to the nonprofit corporation's:
              (19)(a)(i) members;
              (19)(a)(ii) directors; or
              (19)(a)(iii) officers. See Utah Code 16-6a-102
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
  • domestic corporation: means a corporation for profit that:
         (15)(a) is not a foreign corporation; and
         (15)(b) is incorporated under or subject to Chapter 10a, Utah Revised Business Corporation Act. See Utah Code 16-6a-102
  • domestic nonprofit corporation: means an entity that:
         (37)(a) is not a foreign nonprofit corporation; and
         (37)(b) is incorporated under or subject to this chapter. See Utah Code 16-6a-102
  • Donor: The person who makes a gift.
  • Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
  • Employee: includes an officer of a nonprofit corporation. See Utah Code 16-6a-102
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Entity: includes :
         (25)(a) a domestic or foreign corporation;
         (25)(b) a domestic or foreign nonprofit corporation;
         (25)(c) a limited liability company;
         (25)(d) a profit or nonprofit unincorporated association;
         (25)(e) a business trust;
         (25)(f) an estate;
         (25)(g) a partnership;
         (25)(h) a trust;
         (25)(i) two or more persons having a joint or common economic interest;
         (25)(j) a state;
         (25)(k) the United States; or
         (25)(l) a foreign government. See Utah Code 16-6a-102
  • Environmental assessment: means the assessment described in Section 19-8-107. See Utah Code 19-8-102
  • 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 director: means the executive director of the Utah Department of Environmental Quality or the executive director's representative. See Utah Code 19-8-102
  • Executive director: means the executive director of the state Department of Environment Quality or the executive director's designated representative. See Utah Code 19-10-102
  • Executive director: means the executive director of the Department of Commerce. See Utah Code 16-6a-102
  • Expenses: includes attorneys' fees. See Utah Code 16-6a-901
  • Farm custom slaughter: means custom exempt slaughtering of an animal, amenable species, or nonamenable species for an owner without official inspection. See Utah Code 4-32-105
  • Farm custom slaughter license: means a license issued by the department to allow farm custom slaughter. See Utah Code 4-32-105
  • Federal acts: means :
         (17)(a) the Federal Meat Inspection Act, Utah Code 4-32-105
  • Fiduciary: A trustee, executor, or administrator.
  • Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Utah Code 16-6a-102
  • Foreign nonprofit corporation: means an entity:
         (28)(a) incorporated under a law other than the laws of this state; and
         (28)(b) that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Government issued photo identification: means the same as that term is defined in Section 26B-4-201, including expired identification in accordance with Section 26B-4-244. See Utah Code 4-41a-102
  • Governmental entity: means :
         (29)(a)
              (29)(a)(i) the executive branch of the state;
              (29)(a)(ii) the judicial branch of the state;
              (29)(a)(iii) the legislative branch of the state;
              (29)(a)(iv) an independent entity, as defined in Section 63E-1-102;
              (29)(a)(v) a political subdivision of the state;
              (29)(a)(vi) a state institution of higher education, as defined in Section 53B-3-102;
              (29)(a)(vii) an entity within the state system of public education; or
              (29)(a)(viii) the National Guard; or
         (29)(b) any of the following that is established or controlled by a governmental entity listed in Subsection (29)(a) to carry out the public's business:
              (29)(b)(i) an office;
              (29)(b)(ii) a division;
              (29)(b)(iii) an agency;
              (29)(b)(iv) a board;
              (29)(b)(v) a bureau;
              (29)(b)(vi) a committee;
              (29)(b)(vii) a department;
              (29)(b)(viii) an advisory board;
              (29)(b)(ix) an administrative unit; or
              (29)(b)(x) a commission. See Utah Code 16-6a-102
  • Governmental subdivision: means :
         (30)(a) a county;
         (30)(b) a city;
         (30)(c) a town; or
         (30)(d) another type of governmental subdivision authorized by the laws of this state. See Utah Code 16-6a-102
  • Home delivery medical cannabis pharmacy: means a medical cannabis pharmacy that the department authorizes, as part of the pharmacy's license, to deliver medical cannabis shipments to a delivery address to fulfill electronic orders that the state central patient portal facilitates. See Utah Code 4-41a-102
  • Immediate container: means any consumer package, or any other container, in which meat or poultry products not consumer packaged are packed. See Utah Code 4-32-105
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Independent cannabis testing laboratory: includes a laboratory that the department or a research university operates in accordance with Subsection 4-41a-201(14). See Utah Code 4-41a-102
  • Individual: means :
         (31)(a) a natural person;
         (31)(b) the estate of an incompetent individual; or
         (31)(c) the estate of a deceased individual. See Utah Code 16-6a-102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inspector: means a department employee who is trained in:
         (20)(a) humane handling;
         (20)(b) antemortem and postmortem inspection;
         (20)(c) processing inspection; and
         (20)(d) regulatory requirements. See Utah Code 4-32-105
  • institutional control: means , with respect to real property, any deed restriction, restrictive covenant, easement, reservation, environmental notice, engineering control, or other restriction or obligation that is designed to protect human health or the environment and:
         (1)(a) is established in connection with a cleanup or risk assessment that is reviewed, overseen, conducted, or administered by the department; and
         (1)(b)
              (1)(b)(i) limits the use of the real property, groundwater, or surface water;
              (1)(b)(ii) limits activities that may be performed on or at the property; or
              (1)(b)(iii) requires maintenance of any engineering or other control. See Utah Code 19-10-102
  • 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
  • Internal Revenue Code: means the federal "Internal Revenue Code of 1986" as amended from time to time, or to corresponding provisions of subsequent internal revenue laws of the United States of America. See Utah Code 16-6a-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Label: means a display of printed or graphic matter upon any meat or poultry product or the immediate container, not including package liners, of any such product. See Utah Code 4-32-105
  • Labeling: means all labels and other printed or graphic matter:
         (22)(a) upon any meat or poultry product or any of its containers or wrappers; or
         (22)(b) accompanying a meat or poultry product. See Utah Code 4-32-105
  • 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
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Liability: means the obligation incurred with respect to a proceeding to pay a judgment, settlement, penalty, or fine, including:
         (3)(a) an excise tax assessed with respect to an employee benefit plan; or
         (3)(b) reasonable expenses. See Utah Code 16-6a-901
  • Licensee: means a person who holds a valid farm custom slaughter license. See Utah Code 4-32-105
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • mailing: includes registered or certified mail for which the proper fee is paid. See Utah Code 16-6a-102
  • Meat: means the edible muscle, and other edible parts, of an animal, including edible:
         (24)(a) skeletal muscle;
         (24)(b) organs;
         (24)(c) muscle found in the tongue, diaphragm, heart, or esophagus; and
         (24)(d) fat, bone, skin, sinew, nerve, or blood vessel that normally accompanies meat and is not ordinarily removed in processing. See Utah Code 4-32-105
  • Meat establishment: means a plant or fixed premises used to:
         (25)(a) slaughter animals for human consumption; or
         (25)(b) process meat or poultry products for human consumption. See Utah Code 4-32-105
  • Meat product: means any product capable of use as human food that is made wholly or in part from any meat or other part of the carcass of any non-avian animal. See Utah Code 4-32-105
  • Medical cannabis: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • Medical cannabis card: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • Medical cannabis courier: means a courier that:
         (34)(a) the department licenses in accordance with Section 4-41a-1201; and
         (34)(b) contracts with a home delivery medical cannabis pharmacy to deliver medical cannabis shipments to fulfill electronic orders that the state central patient portal facilitates. See Utah Code 4-41a-102
  • Medical cannabis courier agent: means an individual who:
         (35)(a) is an employee of a medical cannabis courier; and
         (35)(b) who holds a valid medical cannabis courier agent registration card. See Utah Code 4-41a-102
  • Medical cannabis pharmacy: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • Medical cannabis pharmacy agent: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • Medical cannabis research license: means a license that the department issues to a research university for the purpose of obtaining and possessing medical cannabis for academic research. See Utah Code 4-41a-102
  • Medical cannabis research licensee: means a research university that the department licenses to obtain and possess medical cannabis for academic research, in accordance with Section 4-41a-901. See Utah Code 4-41a-102
  • Medical cannabis shipment: means a shipment of medical cannabis that a home delivery medical cannabis pharmacy or a medical cannabis courier delivers to a delivery address to fulfill an electronic medical cannabis order that the state central patient portal facilitates. See Utah Code 4-41a-102
  • Medical cannabis treatment: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • Medicinal dosage form: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • Member: includes :
              (34)(b)(i) "voting member"; and
              (34)(b)(ii) a shareholder in a water company. See Utah Code 16-6a-102
  • Membership: refers to the rights and obligations of a member or members. See Utah Code 16-6a-102
  • Misbranded: means any meat or poultry product that:
         (27)(a) bears a label that is false or misleading in any particular;
         (27)(b) is offered for sale under the name of another food;
         (27)(c) is an imitation of another food, unless the label bears, in type of uniform size and prominence, the word "imitation" followed by the name of the food imitated;
         (27)(d) if it has a container, the container is made, formed, or filled as to be misleading;
         (27)(e) does not bear a label showing:
              (27)(e)(i) the name and place of business of the manufacturer, packer, or distributor; and
              (27)(e)(ii) an accurate statement of the quantity of the product in terms of weight, measure, or numerical count, provided that under this Subsection (27)(e), exemptions as to meat and poultry products not in containers may be established by rules of the department and that under this Subsection (27)(e)(ii), reasonable variations may be permitted, and exemptions for small packages may be established for meat or poultry products by rule of the department;
         (27)(f) does not bear any word, statement, or other information required by or under authority of this chapter to appear on the label or other labeling that is not prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
         (27)(g) is a food for which a definition and standard of identity or composition has been prescribed by rules of the department under Section 4-32-109 if the food does not conform to the definition and standard and the label does not bear the name of the food and any other information that is required by the rule;
         (27)(h) is a food for which a standard of fill has been prescribed by rule of the department for the container and the actual fill of the container falls below that prescribed unless the food's label bears, in a manner and form as the rule specifies, a statement that the food falls below the standard;
         (27)(i) is a food for which no standard or definition of identity has been prescribed under Subsection (27)(g) unless the label bears:
              (27)(i)(i) the common or usual name of the food, if there be any; and
              (27)(i)(ii) if the food is fabricated from two or more ingredients, the common or usual name of each such ingredient, except that spices, flavorings, and colorings may, when authorized by the department, be designated as spices, flavorings, and colorings without naming each, provided that to the extent that compliance with the requirements of this Subsection (27)(i)(ii) is impracticable, or results in deception or unfair competition, exemptions shall be established by rule;
         (27)(j) is a food that purports to be or is represented to be for special dietary uses, unless the label bears information concerning the food's vitamin, mineral, and other dietary properties as the department, after consultation with the Secretary of Agriculture of the United States, prescribes by rules as necessary to inform purchasers as to the food's value for special dietary uses;
         (27)(k) bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless the food bears labeling stating that fact, provided that to the extent that compliance with the requirements of this subsection are impracticable, exemptions shall be prescribed by rules of the department; or
         (27)(l) does not bear directly thereon and on the food's containers, as the department may prescribe by rule, the official inspection legend and establishment number of the official establishment where the product was prepared, and, unrestricted by any of the foregoing, other information as the department may require by rule to assure that the meat or poultry product will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the meat or poultry product in a wholesome condition. See Utah Code 4-32-105
  • money: means :
              (7)(a)(i) legal tender;
              (7)(a)(ii) a negotiable instrument; or
              (7)(a)(iii) other cash equivalent readily convertible into legal tender. See Utah Code 16-6a-102
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipality: means a city or town. See Utah Code 20A-1-102
  • Mutual benefit corporation: means a nonprofit corporation:
         (36)(a) that issues shares of stock to its members evidencing a right to receive distribution of water or otherwise representing property rights; or
         (36)(b) all of whose assets are contributed or acquired by or for the members of the nonprofit corporation or the members' predecessors in interest to serve the mutual purposes of the members. See Utah Code 16-6a-102
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonamenable species: includes domesticated game, as defined in Section 4-32a-201. See Utah Code 4-32-105
  • Nonprofit corporation: includes any domestic or foreign entity that is a predecessor of a nonprofit corporation by reason of a merger or other transaction in which the predecessor's existence ceased upon consummation of the transaction. See Utah Code 16-6a-901
  • Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-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.
  • Official capacity: means :
              (6)(a)(i) when used with respect to a director, the office of director in a corporation; and
              (6)(a)(ii) when used with respect to a person other than a director, as contemplated in Section 16-6a-907, the office in a corporation held by the officer or the employment, fiduciary, or agency relationship undertaken by the person on behalf of the corporation. See Utah Code 16-6a-901
  • Official certificate: means any certificate prescribed by rules of the department for issuance by an inspector or other person performing official functions under this chapter. See Utah Code 4-32-105
  • Official device: means a device prescribed or authorized by the commissioner for use in applying an official mark. See Utah Code 4-32-105
  • Official establishment: means an establishment at which inspection of the slaughter of animals or the preparation of meat or poultry products is maintained under the authority of this chapter. See Utah Code 4-32-105
  • Official inspection: means mandatory inspection, carried out under grant of inspection issued by the department, of a slaughtered animal or preparation for slaughtering an animal, if the animal is intended for human consumption. See Utah Code 4-32-105
  • Official inspection legend: means a symbol prescribed by rules of the department showing that a meat or poultry product was inspected and passed in accordance with this chapter. See Utah Code 4-32-105
  • Official mark: means the official legend or other symbol prescribed by rules of the department to identify the status of an animal carcass or meat or poultry product under this chapter. See Utah Code 4-32-105
  • 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.
  • package: means any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover. See Utah Code 4-32-105
  • 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.
  • Party: includes an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding. See Utah Code 16-6a-901
  • Party related to a director: means :
         (39)(a) the spouse of the director;
         (39)(b) a child of the director;
         (39)(c) a grandchild of the director;
         (39)(d) a sibling of the director;
         (39)(e) a parent of the director;
         (39)(f) the spouse of an individual described in Subsections (39)(b) through (e);
         (39)(g) an individual having the same home as the director;
         (39)(h) a trust or estate of which the director or another individual specified in this Subsection (39) is a substantial beneficiary; or
         (39)(i) any of the following of which the director is a fiduciary:
              (39)(i)(i) a trust;
              (39)(i)(ii) an estate;
              (39)(i)(iii) an incompetent;
              (39)(i)(iv) a conservatee; or
              (39)(i)(v) a minor. See Utah Code 16-6a-102
  • Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
  • Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
  • Person: means an:
         (40)(a) individual; or
         (40)(b) entity. See Utah Code 16-6a-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
  • Personal property: All property that is not real property.
  • Personal property: includes :
         (25)(a) money;
         (25)(b) goods;
         (25)(c) chattels;
         (25)(d) effects;
         (25)(e) evidences of a right in action;
         (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
         (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
  • Pharmacy medical provider: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • Pharmacy ownership limit: means an amount equal to 30% of the total number of medical cannabis pharmacy licenses issued by the department rounded down to the nearest whole number. See Utah Code 4-41a-102
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Postmortem inspection: means an inspection of a slaughtered food animal's carcass after slaughter. See Utah Code 4-32-105
  • Poultry: means any domesticated bird, whether living or dead. See Utah Code 4-32-105
  • Poultry product: means any product capable of use as human food that is made wholly or in part from any poultry carcass, excepting products that contain poultry ingredients in relatively small proportion or that historically have not been considered by consumers as products of the poultry food industry, and that are exempted from definition as a poultry product by the commissioner. See Utah Code 4-32-105
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • 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.
  • Prepared: means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed. See Utah Code 4-32-105
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal office: means :
         (41)(a) the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including:
              (41)(a)(i) an annual report;
              (41)(a)(ii) an application for a certificate of authority; or
              (41)(a)(iii) a notice of change of principal office; or
         (41)(b) if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeding: includes :
         (42)(a) a civil suit;
         (42)(b) arbitration;
         (42)(c) mediation;
         (42)(d) a criminal action;
         (42)(e) an administrative action; or
         (42)(f) an investigatory action. See Utah Code 16-6a-102
  • Proceeding: means any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative and whether formal or informal. See Utah Code 16-6a-901
  • Process: means to cut, grind, manufacture, compound, smoke, intermix, or prepare meat or poultry products. See Utah Code 4-32-105
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Program: means the Voluntary Environmental Cleanup Program created under this chapter. See Utah Code 19-8-102
  • 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.
  • Qualified Production Enterprise Fund: means the fund created in Section 4-41a-104. See Utah Code 4-41a-102
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: includes :
         (31)(a) land;
         (31)(b) a tenement;
         (31)(c) a hereditament;
         (31)(d) a water right;
         (31)(e) a possessory right; and
         (31)(f) a claim. See Utah Code 68-3-12.5
  • Receive: when used in reference to receipt of a writing or other document by a domestic or foreign nonprofit corporation, means the writing or other document is actually received:
         (43)(a) by the domestic or foreign nonprofit corporation at:
              (43)(a)(i) its registered office in this state; or
              (43)(a)(ii) its principal office;
         (43)(b) by the secretary of the domestic or foreign nonprofit corporation, wherever the secretary is found; or
         (43)(c) by another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-6a-102
  • Recommending medical provider: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • Record date: means the date established under Part 6, Members, or Part 7, Member Meetings and Voting, on which a nonprofit corporation determines the identity of the nonprofit corporation's members. See Utah Code 16-6a-102
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Registered agent: means the registered agent of:
         (45)(a) a domestic nonprofit corporation; or
         (45)(b) a foreign nonprofit corporation. See Utah Code 16-6a-102
  • Registered office: means the office within this state designated by a domestic or foreign nonprofit corporation as its registered office in the most recent document on file with the division providing that information, including:
         (46)(a) articles of incorporation;
         (46)(b) an application for a certificate of authority; or
         (46)(c) a notice of change of registered office. See Utah Code 16-6a-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.
  • Renderer: means any person engaged in the business of rendering animal carcasses, or parts or products of animal carcasses, except rendering conducted under inspection or exemption under this chapter. See Utah Code 4-32-105
  • Research university: means the same as that term is defined in Section 53B-7-702 and a private, nonprofit college or university in the state that:
         (48)(a) is accredited by the Northwest Commission on Colleges and Universities;
         (48)(b) grants doctoral degrees; and
         (48)(c) has a laboratory containing or a program researching a schedule I controlled substance described in Section 58-37-4. See Utah Code 4-41a-102
  • Response action: means the cleanup or removal of a contaminant from the environment. See Utah Code 19-8-102
  • Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-6a-818(3) for:
         (47)(a) the preparation and maintenance of:
              (47)(a)(i) minutes of the meetings of:
                   (47)(a)(i)(A) the board of directors; or
                   (47)(a)(i)(B) the members; and
              (47)(a)(ii) the other records and information required to be kept by the nonprofit corporation as described in Section 16-6a-1601; and
         (47)(b) authenticating records of the nonprofit corporation. See Utah Code 16-6a-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.
  • Share: means a share as defined in:
         (4)(a) Section 16-6a-102 for a nonprofit corporation; and
         (4)(b) Section 16-10a-102 for a profit corporation. See Utah Code 16-4-102
  • Share: means a unit of interest in a nonprofit corporation. See Utah Code 16-6a-102
  • Shareholder: means a person in whose name a share is registered in the records of a nonprofit corporation. See Utah Code 16-6a-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Slaughter: means :
         (42)(a) the killing of an animal, amenable species, or nonamenable species in a humane manner including skinning or dressing; or
         (42)(b) the process of performing any of the specified acts in preparing an animal, amenable species, or nonamenable species for human consumption. See Utah Code 4-32-105
  • Special district: means a local government entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-1-102
  • 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 electronic verification system: means the system described in Section 26B-4-202. See Utah Code 4-41a-102
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Swear: includes "affirm. See Utah Code 68-3-12.5
  • Targeted marketing: means the promotion of a cannabis product, medical cannabis brand, or a medical cannabis device using any of the following methods:
         (50)(a) electronic communication to an individual who is at least 21 years old and has requested to receive promotional information;
         (50)(b) an in-person marketing event that is:
              (50)(b)(i) held inside a medical cannabis pharmacy; and
              (50)(b)(ii) in an area where only a medical cannabis cardholder may access the event;
         (50)(c) other marketing material that is physically available or digitally displayed in a medical cannabis pharmacy; or
         (50)(d) a leaflet a medical cannabis pharmacy places in the opaque package or box that is provided to an individual when obtaining medical cannabis:
              (50)(d)(i) in the medical cannabis pharmacy;
              (50)(d)(ii) at the medical cannabis pharmacy's drive-through pick up window; or
              (50)(d)(iii) in a medical cannabis shipment. See Utah Code 4-41a-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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Tribe: means a tribe, band, nation, pueblo, or other organized group or community of Indians, including an Alaska Native village, that is legally recognized as eligible for and is consistent with a special program, service, or entitlement provided by the United States to Indians because of the tribe's status as Indians. See Utah Code 16-6a-102
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes a district, authority, office, bureau, commission, department, and another agency of the United States of America. See Utah Code 16-6a-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Venue: The geographical location in which a case is tried.
  • Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
  • Vote: includes authorization by:
         (55)(a) written ballot; and
         (55)(b) written consent. See Utah Code 16-6a-102
  • Voting group: means all the members of one or more classes of members or directors that, under this chapter, the articles of incorporation, or the bylaws, are entitled to vote and be counted together collectively on a matter. See Utah Code 16-6a-102
  • voting member: includes a "shareholder" if the nonprofit corporation has shareholders. See Utah Code 16-6a-102
  • Water company: means a corporation in which a shareholder has the right, based on the shareholder's shares, to receive a proportionate share of water delivered by the corporation. See Utah Code 16-4-102
  • Water company: means :
         (58)(a) the same as that term is defined in Subsection 16-4-102(5); or
         (58)(b) a mutual benefit corporation, when the stock in the mutual benefit corporation represents a right to receive a distribution of water for beneficial use. See Utah Code 16-6a-102
  • Wild game: means a species, the products of which are food, that is not classified as an amenable species or nonamenable species, including:
         (43)(a) a deer;
         (43)(b) an elk;
         (43)(c) an antelope;
         (43)(d) a moose;
         (43)(e) a bison;
         (43)(f) a rabbit; and
         (43)(g) a bird. See Utah Code 4-32-105
  • 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