Utah Code > Title 4 > Chapter 33 – Motor Fuel Inspection Act


§ 4-33-101	Title
§ 4-33-102	Purpose of chapter
§ 4-33-103	Definition
§ 4-33-104	Administrative and enforcement powers of department
§ 4-33-105	Prohibitions
§ 4-33-106	Octane rating determination and posting
§ 4-33-107	Inspection, sampling, testing, and analysis of fuels by department
§ 4-33-108	Locking and sealing of pumps in violation of chapter — Posting notice — Removal of sealed fuel — Resealing
§ 4-33-109	Warrant to enter premises for inspection or sampling
§ 4-33-110	Interstate commerce — Chapter inapplicable to fuel in transit through state

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Terms Used In Utah Code > Title 4 > Chapter 33 - Motor Fuel Inspection Act

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
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 16-10a-102
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Agricultural land: means "land in agricultural use" as defined in Section 59-2-502. See Utah Code 4-46-102
Agricultural operation: includes :
          (1)(b)(i) the real property where the commercial production described in Subsection (1)(a) occurs;
          (1)(b)(ii) a facility, a property, or equipment used to facilitate the commercial production described in Subsection (1)(a);
          (1)(b)(iii) an agritourism activity, as defined in Section 78B-4-512; or
          (1)(b)(iv) an agricultural protection area established under Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas. See Utah Code 4-44-102
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.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
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.
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
Articles of incorporation: include :
     (4)(a) amended and restated articles of incorporation;
     (4)(b) articles of merger; and
     (4)(c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Assignment: includes any written stock power, bond power, bill of sale, deed, declaration of trust or other instrument of transfer. See Utah Code 22-5-2
Assumed corporate name: means a name assumed for use in this state:
     (4)(a) by a:
          (4)(a)(i) foreign corporation as described in Section 16-10a-1506; or
          (4)(a)(ii) a foreign nonprofit corporation as described in Section 16-6a-1506; and
     (4)(b) because the corporate name of the foreign corporation described in Subsection (4)(a) is not available for use in this state. See Utah Code 16-6a-102
Authorized shares: means the shares of all classes a domestic or foreign corporation is authorized to issue. See Utah Code 16-10a-102
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 Land Conservation Board established in Section 4-46-201. See Utah Code 4-46-102
board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
Bylaws: includes :
(6)(b)(i) amended bylaws; and
(6)(b)(ii) restated bylaws. See Utah Code 16-6a-102
Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102
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
Claim of beneficial interest: includes a claim of any interest by a decedent's legatee, distributee, heir or creditor, a beneficiary under a trust, a ward, a beneficial owner of a security registered in the name of a nominee, or a minor owner of a security registered in the name of a custodian, or a claim of any similar interest, whether the claim is asserted by the claimant or by a fiduciary or by any other authorized person in his behalf, and includes a claim that the transfer would be in breach of fiduciary duties. See Utah Code 22-5-2
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: means the commissioner of agriculture and food. See Utah Code 4-1-109
Conservation commission: means the Conservation Commission created in Section 4-18-104. See Utah Code 4-46-102
Conservation district: means a limited purpose local government entity created under Title 17D, Chapter 3, Conservation District Act. See Utah Code 4-46-102
Contract: A legal written agreement that becomes binding when signed.
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 name: means :
(10)(a) the name of a domestic corporation or a domestic nonprofit corporation as stated in its articles of incorporation; or
(10)(b) the name of a foreign corporation or a foreign nonprofit corporation as stated in its articles of incorporation or document of similar import. See Utah Code 16-10a-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 private or public corporation, association or trust issuing a security. See Utah Code 22-5-2
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Decedent: A deceased person.
Deed: The legal instrument used to transfer title in real property from one person to another.
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
Deliver: includes delivery by mail or another means of transmission authorized by Section 16-10a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-10a-102
Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
Director: means the director of the Division of Conservation. See Utah Code 4-46-102
Director: means a member of the board of directors. See Utah Code 16-6a-102
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
Distribution: means the following by a corporation to or for the benefit of its shareholders in respect of any of the corporation's shares:
(13)(a)(i) a direct or indirect transfer of money or other property, other than a corporation's own shares; or
(13)(a)(ii) incurrence of indebtedness by the corporation. See Utah Code 16-10a-102
Division: means the Division of Conservation created in Section 4-46-401. See Utah Code 4-46-102
Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102
domestic corporation: means a corporation for profit that:
(11)(a) is not a foreign corporation; and
(11)(b) is incorporated under or subject to this chapter. See Utah Code 16-10a-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
electronically transmitted: means a process of communication not directly involving the physical transfer of paper that is suitable for the receipt, retention, retrieval, and reproduction of information by the recipient, whether by e-mail, facsimile, or otherwise. See Utah Code 16-10a-102
Employee: includes an officer but not a director, unless the director accepts a duty that makes that director also an employee. See Utah Code 16-10a-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 :
     (19)(a) a domestic and foreign corporation;
     (19)(b) a nonprofit corporation;
     (19)(c) a limited liability company;
     (19)(d) a profit or nonprofit unincorporated association;
     (19)(e) a business trust;
     (19)(f) an estate;
     (19)(g) a partnership;
     (19)(h) a trust;
     (19)(i) two or more persons having a joint or common economic interest;
     (19)(j) a state;
     (19)(k) the United States; and
     (19)(l) a foreign government. See Utah Code 16-10a-102
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
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.
Fiduciary: A trustee, executor, or administrator.
Fiduciary: means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian or nominee. See Utah Code 22-5-2
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 corporation: means a corporation for profit incorporated under a law other than the law of this state. See Utah Code 16-10a-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
Fund: means the LeRay McAllister Working Farm and Ranch Fund created in Section 4-46-301. See Utah Code 4-46-102
Governmental subdivision: means :
     (21)(a) county;
     (21)(b) municipality; or
     (21)(c) another type of governmental subdivision authorized by the laws of this state. See Utah Code 16-10a-102
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}
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
Individual: means :
     (22)(a) a natural person;
     (22)(b) the estate of an incompetent individual; or
     (22)(c) the estate of a deceased individual. See Utah Code 16-10a-102
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
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.
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
Land use authority: means :
(8)(a) a land use authority, as defined in Section 10-9a-103, of a municipality; or
(8)(b) a land use authority, as defined in Section 17-27a-103, of a county. See Utah Code 4-46-102
Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
Legatee: A beneficiary of a decedent
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
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
Local entity: means a county, city, or town. See Utah Code 4-46-102
mailing: includes registered or certified mail for which the proper fee is paid. See Utah Code 16-6a-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
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
motor fuel: means any combustible liquid or vapor used to power a motor vehicle or a motor vehicle engine. See Utah Code 4-33-103
Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102
Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102
Nuisance: means anything that is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. See Utah Code 4-44-102
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.
Open land: includes land described in Subsection (10)(a) that contains facilities, including trails, waterways, and grassy areas, that:
(10)(b)(i) enhance the natural, scenic, or aesthetic qualities of the land; or
(10)(b)(ii) facilitate the public's access to or use of the land for the enjoyment of the land's natural, scenic, or aesthetic qualities and for compatible recreational activities. See Utah Code 4-46-102
Organization: means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. See Utah Code 4-1-109
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.
Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
Person: includes an individual, a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity. See Utah Code 22-5-2
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
Plaintiff: The person who files the complaint in a civil lawsuit.
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.
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
Principal office: means the office, in or out of this state, designated by a domestic or foreign corporation as its principal office in the most recent document on file with the division providing the information, including:
     (25)(a) an annual report;
     (25)(b) an application for a certificate of authority; or
     (25)(c) a notice of change of principal office. See Utah Code 16-10a-102
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: includes :
     (26)(a) a civil suit;
     (26)(b) arbitration or mediation; and
     (26)(c) a criminal, administrative, or investigatory action. See Utah Code 16-10a-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Property: includes both real and personal property. See Utah Code 68-3-12.5
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
Receive: when used in reference to receipt of a writing or other document by a domestic or foreign corporation, means the writing or other document is actually received by:
     (28)(a) the corporation at its:
          (28)(a)(i) registered office in this state; or
          (28)(a)(ii) principal office;
     (28)(b) the secretary of the corporation, wherever the secretary is found; or
     (28)(c) 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 16-10a-102
Record date: means the date established under Part 6, Shares and Distributions, or Part 7, Shareholders, on which a corporation determines the identity of its shareholders. See Utah Code 16-10a-102
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
Registered office: means the office within this state designated by a domestic or foreign corporation as its registered office in the most recent document on file with the division providing that information, including:
     (30)(a) articles of incorporation;
     (30)(b) an application for a certificate of authority; or
     (30)(c) a notice of change of registered office. See Utah Code 16-10a-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.
Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-10a-830(3) for:
     (32)(a) the preparation and maintenance of:
          (32)(a)(i) minutes of the meetings of the board of directors and of the shareholders; and
          (32)(a)(ii) the other records and information required to be kept by the corporation by Section 16-10a-830; and
     (32)(b) authenticating records of the corporation. See Utah Code 16-10a-102
Security: includes any share of stock, bond, debenture, note or other security issued by a corporation which is registered as to ownership on the books of the corporation. See Utah Code 22-5-2
Service of process: The service of writs or summonses to the appropriate party.
Share: means the unit into which the proprietary interests in a corporation are divided. See Utah Code 16-10a-102
Shareholder: means :
(34)(a)(i) the person in whose name a share is registered in the records of a corporation; or
(34)(a)(ii) the beneficial owner of a share to the extent recognized pursuant to Section 16-10a-723. See Utah Code 16-10a-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
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Statute: A law passed by a legislature.
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Transfer: means a change on the books of a corporation in the registered ownership of a security. See Utah Code 22-5-2
Transfer agent: means a person employed or authorized by a corporation to transfer securities issued by the corporation. See Utah Code 22-5-2
Tribal nonprofit corporation: means a nonprofit corporation:
(52)(a) incorporated under the law of a tribe; and
(52)(b) that is at least 51% owned or controlled by the tribe. See Utah Code 16-6a-102
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 their status as Indians. See Utah Code 16-10a-102
Trustee: A person or institution holding and administering property in trust.
United States: includes each state, district, and territory of the United States of America. 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 group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Utah Code 16-10a-102
voting member: includes a "shareholder" if the nonprofit corporation has shareholders. See Utah Code 16-6a-102
Working agricultural land: includes an agricultural protection area established under Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas. See Utah Code 4-46-102
Writing: includes :
     (48)(a) printing;
     (48)(b) handwriting; and
     (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5