Terms Used In Utah Code > Title 4 > Chapter 39 > Part 1 - General Provisions

• 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.
• Colorado River Salinity Offset Program: means a program, administered by the Division of Water Quality, allowing oil, gas, or mining companies and other entities to provide funds to finance salinity reduction projects in the Colorado River Basin by purchasing salinity credits as offsets against discharges made by the company under permits issued by the Division of Water Quality. See Utah Code 4-18-201
• Commission: means the Conservation Commission created in Section 4-18-104. See Utah Code 4-18-302
• Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
• Commissioner: means the commissioner of agriculture and food or the commissioner's designee. See Utah Code 4-18-302
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
• Domesticated elk: means elk of the genus and species cervus elaphus, held in captivity and domestically raised for commercial purposes. See Utah Code 4-39-102
• Domesticated elk facility: includes an elk ranch. See Utah Code 4-39-102
• Donor: The person who makes a gift.
• Egg-laying hen: means a female domesticated chicken kept for the purpose of commercial egg production. See Utah Code 4-4a-102
• Eligible entities: means public, governmental, and private entities, including:
       (6)(a) conservation districts;
       (6)(b) producers;
       (6)(c) groups of producers;
       (6)(d) producer groups;
       (6)(e) producer cooperatives;
       (6)(f) water conservancy districts;
       (6)(g) American Indian Tribes;
       (6)(h) nonprofit entities;
       (6)(i) academic or research institutions and subdivisions of these institutions;
       (6)(j) the United States or any corporation or agency created or designed by the United States; or
       (6)(k) the state or any of the state's agencies or political subdivisions. See Utah Code 4-18-302
• Elk ranch: means a facility where domesticated elk are harvested through typical hunting methods. See Utah Code 4-39-102
• Environmental benefits: means benefits to natural and agricultural resources and human health, including:
       (7)(a) improved air quality;
       (7)(b) surface or ground water quality and quantity;
       (7)(c) improved soil health, including nutrient cycling, soil fertility, or drought resilience;
       (7)(d) reductions in agricultural inputs;
       (7)(e) carbon sequestration or climate resilience;
       (7)(f) increased biodiversity; or
       (7)(g) improved nutritional quality of agricultural products. See Utah Code 4-18-302
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Farm: means the land, buildings, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food. See Utah Code 4-4a-102
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Grantor: The person who establishes a trust and places property into it.
• Incentives: means monetary incentives, including grants and loans, or non-monetary incentives, including equipment, technical assistance, educational materials, outreach, and market development assistance for market premiums or ecosystem services markets. See Utah Code 4-18-302
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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}
• 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 manager: means a manager of land where agricultural activities occur, including:
       (11)(a) a federal land manager;
       (11)(b) a lessee of federal, tribal, state, county, municipal, or private land where agricultural activities occur; or
       (11)(c) others as the department may determine. See Utah Code 4-18-302
• Landowner: means an owner of record of federal, tribal, state, county, municipal, or private land where agricultural activities occur. See Utah Code 4-18-302
• 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}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Livestock: means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit. See Utah Code 4-1-109
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• 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.
• Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• product of agriculture: means any product that is derived from agriculture, including any product derived from aquaculture as defined in Section 4-37-103. See Utah Code 4-1-109
• Program: means the Utah Soil Health Program created in Section 4-18-303. See Utah Code 4-18-302
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Quorum: The number of legislators that must be present to do business.
• Research project: includes projects at experiment stations, on:
            (14)(b)(i) lands owned by the United States or any corporation or agency created or designed by the United States;
            (14)(b)(ii) lands owned by the state or any of the state's agencies or political subdivisions; or
            (14)(b)(iii) private lands. See Utah Code 4-18-302
• Soil health: means the continued capacity of soil to function as a vital living ecosystem that sustains plants, animals, and humans. See Utah Code 4-18-302
• Soil health activities: means implementation of soil health practices, research projects, demonstration projects, or educational projects, or other activities the department finds necessary or appropriate to promote soil health. See Utah Code 4-18-302
• Soil Health Advisory Committee: means the committee created in Section 4-18-306. See Utah Code 4-18-302
• Soil health grant program: means the grant program authorized in Section 4-18-304. See Utah Code 4-18-302
• Soil health practices: means those practices that may contribute to soil health, including:
       (19)(a) no-tillage;
       (19)(b) conservation tillage;
       (19)(c) crop rotations;
       (19)(d) intercropping;
       (19)(e) cover cropping;
       (19)(f) planned grazing;
       (19)(g) the application of soil amendments that add carbon or organic matter, including biosolids, manure, compost, or biochar;
       (19)(h) revegetation; or
       (19)(i) other practices the department determines contribute or have the potential to contribute to soil health. See Utah Code 4-18-302
• 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
• Suspect domesticated elk: means a domesticated elk for which:
       (6)(a) the state veterinarian has determined that the following suggest that the domesticated elk may be infected with a disease spreading pathogen:

            (6)(a)(i) unofficial test results;

            (6)(a)(ii) laboratory evidence; or

            (6)(a)(iii) clinical signs; and
       (6)(b) official laboratory results for a disease spreading pathogen:

            (6)(b)(i) are inconclusive; or

            (6)(b)(ii) have not been conducted. See Utah Code 4-39-102
• 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.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Veteran: means an individual who:
            (44)(a)(i) has served in the United States Armed Forces for at least 180 days:

                 (44)(a)(i)(A) on active duty; or

                 (44)(a)(i)(B) in a reserve component, to include the National Guard; or
            (44)(a)(ii) has incurred an actual service-related injury or disability while in the United States Armed Forces regardless of whether the individual completed 180 days; and
            (44)(a)(iii) was separated or retired under conditions characterized as honorable or general. See Utah Code 68-3-12.5
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5