Utah Code > Title 4 > Chapter 44 – Agricultural Operations Nuisances Act

		Sections
Part 1	General Provisions	4-44-101 – 4-44-102
Part 2	Nuisance Actions	4-44-201 – 4-44-202

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Terms Used In Utah Code > Title 4 > Chapter 44 - Agricultural Operations Nuisances Act

Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
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.
Animal: means all vertebrate or invertebrate species. See Utah Code 4-14-102
Antemortem inspection: means the inspection of live domesticated game immediately before slaughter. See Utah Code 4-32a-201
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Beneficial substances or compounds: means a substance or compound other than primary, secondary, and micro plant nutrients that can be demonstrated by scientific research to be beneficial to one or more species of plants when applied exogenously. See Utah Code 4-13-102
Biostimulant: means a product containing naturally-occurring substances and microbes that are used to stimulate plant growth, enhance resistance to plant pests, and reduce abiotic stress. See Utah Code 4-13-102
Blender: means a person engaged in the business of blending or mixing fertilizer, soil amendments, or both. See Utah Code 4-13-102
Brand: means a term, design, or trade mark used in connection with one or several grades of fertilizer or soil amendment. See Utah Code 4-13-102
Bulk fertilizer: means fertilizer delivered to the purchaser either in solid or liquid state in a non-packaged form to which a label cannot be attached. See Utah Code 4-13-102
Certified applicator: means an individual who is licensed by the department to apply:
(5)(a) a restricted use pesticide; or
(5)(b) a general use pesticide for hire or in exchange for compensation. See Utah Code 4-14-102
Certified qualified applicator: means a certified applicator who is eligible to act as a qualifying party. See Utah Code 4-14-102
Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Contract: A legal written agreement that becomes binding when signed.
Custom blend: means a fertilizer blended according to specification provided to a blender in a soil test nutrient recommendation or to meet the specific consumer request before blending. See Utah Code 4-13-102
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Deficiency: means the amount of nutrient found by analysis to be less than that guaranteed. See Utah Code 4-13-102
Defoliant: means a substance or mixture intended to cause leaves or foliage to drop from a plant, with or without causing abscission. See Utah Code 4-14-102
Department: means the Department of Financial Institutions. See Utah Code 7-1-103
Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
Dependent: A person dependent for support upon another.
Derivation: means the source from which the guaranteed nutrients are derived. See Utah Code 4-13-102
Desiccant: means a substance or mixture intended to artificially accelerate the drying of plant or animal tissue. See Utah Code 4-14-102
Distribute: means to import, consign, manufacture, produce, compound, mix, blend, or to offer for sale, sell, barter, or supply fertilizer or soil amendments in the state. See Utah Code 4-13-102
Domesticated game: means one of the following that is commercially raised for wholesale or retail sale to a restaurant, store, or end consumer:
     (2)(a) a domesticated elk;
     (2)(b) a bison;
     (2)(c) a game bird; or
     (2)(d) a rabbit. See Utah Code 4-32a-201
Domesticated game carcass: means any part of the slaughtered body of domesticated game, including entrails and edible meats. See Utah Code 4-32a-201
Domesticated game slaughter: means the slaughter of domesticated game that is not regulated under Chapter 32, Utah Meat and Poultry Products Inspection and Licensing Act. See Utah Code 4-32a-201
End consumer: means an individual who:
(5)(a) purchases a product directly from an agricultural operation or a facility licensed to perform custom exempt processing, as defined in Section 4-32-105; and
(5)(b) does not resell the purchased product. See Utah Code 4-32a-201
Environment: means all living plants and animals, water, air, land, and the interrelationships that exist between them. See Utah Code 4-14-102
EPA: means the United States Environmental Protection Agency. See Utah Code 4-14-102
Equipment: means any type of ground, water, or aerial equipment or contrivance using motorized, mechanical, or pressurized power to apply a pesticide. See Utah Code 4-14-102
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 custom slaughter license: means a farm custom slaughter license issued under Section 4-32-107. See Utah Code 4-32a-201
Fertilizer: means a substance that contains one or more recognized plant nutrients that is used for the substance's plant nutrient content and is designed for use or claimed to have value in promoting plant growth, exclusive of unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, gypsum, and other products exempted by rule. See Utah Code 4-13-102
Fertilizer material: means a fertilizer that contains:
     (13)(a) quantities of no more than one of the primary plant nutrients, nitrogen (N), phosphate (P2O5), Potash (K2O);
     (13)(b) 85% plant nutrients in the form of a single chemical compound; or
     (13)(c) plant or animal residues or by-products, or a natural material deposit that is processed so that its primary plant nutrients have not been materially changed, except through purification and concentration. See Utah Code 4-13-102
Fungus: means a nonchlorophyll-bearing thallophyte or a nonchlorophyll-bearing plant of an order lower than mosses and liverworts, including rust, smut, mildew, mold, yeast, and bacteria. See Utah Code 4-14-102
Grade: means the percentage of total nitrogen, available phosphate and soluble potash stated in the same terms, order, and percentages as in the guaranteed analysis. See Utah Code 4-13-102
Guaranteed analysis: means the minimum percentage by weight of plant nutrients claimed in the following order and form:
Total Nitrogen (N)____ percentAvailable Phosphate (P2O5)____ percentSoluble Potash (K2O)____ percent

(15)(b) For unacidulated mineral phosphatic material and basic slag, bone, tankage, and other organic phosphate or degree of fineness may also be guaranteed. See Utah Code 4-13-102

Herbicide: means a substance that is toxic to plants and is used to control or eliminate unwanted vegetation. See Utah Code 4-14-102

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Insect: means an invertebrate animal generally having a more or less obviously segmented body:

(16)(a) usually belonging to the Class Insecta, comprising six-legged, usually winged forms, including beetles, bugs, bees, and flies; and

(16)(b) allied classes of arthropods that are wingless usually having more than six legs, including spiders, mites, ticks, centipedes, and wood lice. See Utah Code 4-14-102

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 the display of the written, printed, or graphic matter upon the immediate container or statement accompanying a fertilizer or soil amendment. See Utah Code 4-13-102

Label: means any written, printed, or graphic matter on, or attached to, a pesticide or a container or wrapper of a pesticide. See Utah Code 4-14-102

Labeling: means the written, printed, or graphic matter upon or accompanying fertilizer or soil amendment, or advertisements, brochures, posters, television and radio announcements used in promoting the sale of fertilizers or soil amendments. See Utah Code 4-13-102

Labeling: means all labels and all other written, printed, or graphic matter:

(18)(a)(i) accompanying a pesticide or equipment; or

(18)(a)(ii) to which reference is made on the label or in literature accompanying a pesticide or equipment. See Utah Code 4-14-102

Land: means land, water, air, and plants, animals, structures, buildings, contrivances, and machinery appurtenant or situated thereon, whether fixed or mobile, including any used for transportation. See Utah Code 4-14-102

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

Lot: means a definite quantity identified by a combination of numbers, letters, characters, or amount represented by a weight certificate from which every part is uniform within recognized tolerances from which the distributor can be determined. See Utah Code 4-13-102

Nematode: means invertebrate animals of the Phylum Nemathelminthes and Class Nematoda, including unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, also known as nemas or eelworms. See Utah Code 4-14-102

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

Official sample: means a sample of fertilizer or soil amendment taken by the department and designated as "official. See Utah Code 4-13-102

Organization: means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. See Utah Code 4-1-109

percentage: means the percentage by weight. See Utah Code 4-13-102

Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109

Person: means :

(27)(a) an individual;

(27)(b) a corporation;

(27)(c) a limited liability company;

(27)(d) a partnership;

(27)(e) a trust;

(27)(f) an association;

(27)(g) a joint venture;

(27)(h) a pool;

(27)(i) a syndicate;

(27)(j) a sole proprietorship;

(27)(k) an unincorporated organization; or

(27)(l) any form of business entity. See Utah Code 7-1-103

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

Pest: means :

(24)(a)(i) any insect, rodent, nematode, fungus, weed; or

(24)(a)(ii) any other form of terrestrial or aquatic plant or animal life, virus, bacteria, or other microorganism that is injurious to health or to the environment or that the department declares to be a pest. See Utah Code 4-14-102

Pesticide: means any:

(25)(a) substance or mixture of substances, including a living organism, that is intended to prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug, fungus, weed, or other form of plant or animal life that is normally considered to be a pest or that the commissioner declares to be a pest;

(25)(b) any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant;

(25)(c) any spray adjuvant, such as a wetting agent, spreading agent, deposit builder, adhesive, or emulsifying agent with deflocculating properties of its own used with a pesticide to aid the pesticide's application or effect; and

(25)(d) any other substance designated by the department by rule. See Utah Code 4-14-102

Pesticide applicator: is a person who:

(26)(a) applies or supervises the application of a pesticide; and

(26)(b) is required by this chapter to have a license. See Utah Code 4-14-102

Pesticide applicator business: means an entity that:

(27)(a)(i) is authorized to do business in this state; and

(27)(a)(ii) offers pesticide application services. See Utah Code 4-14-102

Plaintiff: The person who files the complaint in a civil lawsuit.

Plant regulator: means any substance or mixture intended, through physiological action, to accelerate or retard the rate of growth or rate of maturation, or otherwise alter the behavior of ornamental or crop plants. See Utah Code 4-14-102

Postmortem inspection: means the inspection of a domesticated game carcass after slaughter. See Utah Code 4-32a-201

Process: means to cut, grind, manufacture, compound, smoke, intermix, or prepare products from a domesticated game carcass. See Utah Code 4-32a-201

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

Qualifying party: means a certified qualified applicator who is the owner or employee of a pesticide applicator business and who is registered with the department as the individual responsible for ensuring the training, equipping, and supervision of all pesticide applicators who work for the pesticide applicator business. See Utah Code 4-14-102

Receiver: means a person, agency, or instrumentality of this state or the United States appointed to administer and manage an institution subject to the jurisdiction of the department in receivership, as provided in Chapter 2, Possession of Depository Institution by Commissioner, and Chapter 19, Acquisition of Failing Depository Institutions or Holding Companies. See Utah Code 7-1-103

Registrant: means a person who registers a fertilizer or a soil amendment under this chapter. See Utah Code 4-13-102

Restricted use pesticide: means :

(31)(a) a pesticide, including a highly toxic pesticide, that is a serious hazard to beneficial insects, animals, or land; or

(31)(b) any pesticide or pesticide use restricted by the administrator of EPA or by the commissioner. See Utah Code 4-14-102

Secondary nutrient: includes calcium, magnesium, and sulfur. See Utah Code 4-13-102

Service of process: The service of writs or summonses to the appropriate party.

Slaughter: means killing domesticated game in a humane manner, including skinning or dressing. See Utah Code 4-32a-201

Soil amendment: means a substance or a mixture of substances that is intended to improve the physical, chemical, biochemical, biological, or other characteristics of the soil, except fertilizers, agricultural liming materials, unmanipulated animal manures, unmanipulated vegetable manures, or pesticides. See Utah Code 4-13-102

Specialty fertilizer: means fertilizer distributed primarily for non-farm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries. See Utah Code 4-13-102

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

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

Veterinarian: means a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act, who has successfully completed formal training in antemortem inspection and postmortem inspection. See Utah Code 4-32a-201

Veterinarian designee: means an individual designated by a veterinarian as successfully completing formal training in antemortem inspection and postmortem inspection. See Utah Code 4-32a-201

Weed: means any plant that grows where not wanted. See Utah Code 4-14-102

Wildlife: means all living things that are neither human, domesticated, nor pests. See Utah Code 4-14-102

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