Terms Used In Utah Code > Title 4 > Chapter 9 - Weights and Measures

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• 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.
• Animal: means any nonhuman vertebrate life form. See Utah Code 11-46a-101
• Animal enterprise: includes an animal competition, exposition, fair, rodeo, farm, feedlot, furrier, ranch, or event intended to exhibit or advance agricultural arts and sciences. See Utah Code 11-46a-101
• 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.
• Appraisal: A determination of property value.
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• Board: means the same as that term is defined in Section 63A-3-106. See Utah Code 11-55-102
• Brand: means an identifiable mark, including a tattoo or cutting and shaping of the ears or brisket area, applied to livestock that is intended to show ownership and the mark's location. See Utah Code 4-24-102
• Buyback purchaser: means a person who buys a procurement item from the local government entity to which the person previously sold the procurement item. See Utah Code 11-54-102
• Chief executive officer: means :
       (1)(a) for a municipality:

            (1)(a)(i) the mayor, if the municipality is operating under a form of municipal government other than the council-manager form of government; or

            (1)(a)(ii) the city manager, if the municipality is operating under the council-manager form of government; or
       (1)(b) for a county:

            (1)(b)(i) the chair of the county commission, if the county is operating under the county commission or expanded county commission form of government;

            (1)(b)(ii) the county executive officer, if the county is operating under the county-executive council form of government; or

            (1)(b)(iii) the county manager, if the county is operating under the council-manager form of government. See Utah Code 11-51-102
• City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commission: means the Utah Dairy Commission. See Utah Code 4-22-102
• 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.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Correct: means conformance to applicable requirements of this chapter. See Utah Code 4-9-102
• Council-mayor form of government: means the form of municipal government that:
       (1)(a)

            (1)(a)(i) is provided for in Laws of Utah 1977, Chapter 48;

            (1)(a)(ii) may not be adopted without voter approval; and

            (1)(a)(iii) consists of two separate, independent, and equal branches of municipal government; and
       (1)(b) on and after May 5, 2008, is described in Part 2, Council-Mayor Form of Municipal Government. See Utah Code 10-3b-102
• County executive: means :
       (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
       (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• County sheriff: means an individual elected to the office of county sheriff in the state who meets the qualifications described in Section Utah Code 11-51-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means any person who buys and processes raw milk or milk fat, or who acts as agent in the sale or purchase of raw milk or milk fat, or who acts as a broker or factor with respect to raw milk or milk fat or any product derived from either. See Utah Code 4-22-102
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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.
• Direct charge: means a charge, fee, assessment, or amount, other than a property tax, that a political subdivision charges to a property owner. See Utah Code 11-60-102
• Employee: means a person who is not an elected or appointed officer and who is employed on a full- or part-time basis by a political subdivision. See Utah Code 11-57-102
• Enclosed mobile business: means a business that maintains ongoing mobility and of which the receipt of goods or services offered and point of sales occurs within an enclosed vehicle, an enclosed trailer, or an enclosed mobile structure. See Utah Code 11-56-102
• 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}
• Event permit: means a permit that a political subdivision issues to the organizer of a mobile business event located on public property. See Utah Code 11-56-102
• 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.
• Ex officio: Literally, by virtue of one's office.
• Excess repurchase amount: means the difference between:
       (2)(a) the amount a buyback purchaser pays to a local government entity to purchase a procurement item that the buyback purchaser previously sold to the local government entity; and
       (2)(b) the amount the local government entity paid to the buyback purchaser to purchase the procurement item. See Utah Code 11-54-102
• Federal agency: means the United States Bureau of Land Management, the United States Forest Service, the United States Fish and Wildlife Service, or the National Park Service. See Utah Code 11-51-102
• Federal receipts: means the federal financial assistance, as defined in Utah Code 11-52-102
• Federally managed land: means land that is managed by the United States Bureau of Land Management, the United States Forest Service, or the National Park Service. See Utah Code 11-51-102
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Five-member council form of government: means the form of municipal government described in Part 4, Five-Member Council Form of Municipal Government. See Utah Code 10-3b-102
• Food cart: means a cart:
            (3)(a)(i) that is not motorized; and
            (3)(a)(ii) that a vendor, standing outside the frame of the cart, uses to prepare, sell, or serve food or beverages for immediate human consumption. See Utah Code 11-56-102
• Food truck: means a fully encased food service establishment:
            (4)(a)(i) on a motor vehicle or on a trailer that a motor vehicle pulls to transport; and
            (4)(a)(ii) from which a food truck vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages for immediate human consumption. See Utah Code 11-56-102
• Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
• Health department permit: means a document that a local health department issues to authorize a mobile business to operate within the jurisdiction of the local health department. See Utah Code 11-56-102
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Ice cream truck: means a fully encased food service establishment:
            (6)(a)(i) on a motor vehicle or on a trailer that a motor vehicle pulls to transport;
            (6)(a)(ii) from which a vendor, from within the frame of the vehicle, serves ice cream;
            (6)(a)(iii) that attracts patrons by traveling through a residential area and signaling the truck's presence in the area, including by playing music; and
            (6)(a)(iv) that may stop to serve ice cream at the signal of a patron. See Utah Code 11-56-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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
• 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.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Livestock: means cattle, calves, horses, mules, or sheep. See Utah Code 4-24-102
• Livestock market: means a public market place consisting of pens or other enclosures where cattle, calves, horses, or mules are received on consignment and kept for subsequent sale, either through public auction or private sale. See Utah Code 4-24-102
• Local government entity: means a county, city, town, special district, special service district, community reinvestment agency, conservation district, or school district that is not subject to Title 63G, Chapter 6a, Utah Procurement Code. See Utah Code 11-54-102
• Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 11-56-102
• Mobile business: means an enclosed mobile business, a food cart, a food truck, or an ice cream truck. See Utah Code 11-56-102
• Mobile business event: means an event at which a mobile business has been invited by the event organizer to offer the mobile business's goods or services at a private or public gathering. See Utah Code 11-56-102
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipal: means of or relating to a municipality. See Utah Code 10-1-104
• Municipality: means a city or town. See Utah Code 11-48-101.5
• Municipality: means the same as that term is defined in Section 10-1-104. See Utah Code 11-55-102
• Municipality: means :
       (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
       (5)(b) a town, as classified in Section 10-2-301; or
       (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
• National monument: means a national monument designated or declared in accordance with the Antiquities Act of 1906, Utah Code 11-51-102
• National recreation area: means a recreation area designated by an act of Congress. See Utah Code 11-51-102
• Nonrecurring tax notice charge: means a tax notice charge that a political subdivision certifies to the county treasurer on a one-time or case-by-case basis rather than regularly over multiple calendar years. See Utah Code 11-60-102
• Notice of lien: means a notice that:
       (3)(a) a political subdivision records in the office of the recorder of the county in which a property that is the subject of a nonrecurring tax notice charge is located; and
       (3)(b) describes the nature and amount of the nonrecurring tax notice charge and whether the political subdivision intends to certify the charge to the county treasurer under statutory authority that allows the treasurer to place the charge on the property tax notice described in Section 59-2-1317. See Utah Code 11-60-102
• 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.
• Officer: means a person who is elected or appointed to an office or position within a political subdivision. See Utah Code 11-57-102
• Operator: means a person, including a vendor, who owns, manages, controls, or operates a mobile business. See Utah Code 11-56-102
• 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
• Package: means a commodity put up or packaged before sale in either wholesale or retail saleunits. See Utah Code 4-9-102
• 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: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
• 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
• Personal use expenditure: means an expenditure made without the authority of law that:
            (3)(a)(i) is not directly related to the performance of an activity as an officer or employee of a political subdivision;
            (3)(a)(ii) primarily furthers a personal interest of an officer or employee of a political subdivision or the family, a friend, or an associate of an officer or employee of a political subdivision; and
            (3)(a)(iii) would constitute taxable income under federal law. See Utah Code 11-57-102
• 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.
• Political subdivision: means :
       (4)(a) a city or town; or
       (4)(b) a county, as it relates to the licensing and regulation of an animal enterprise or working animal in the unincorporated area of the county. See Utah Code 11-46a-101
• Political subdivision: means a county, city, town, special district, or special service district. See Utah Code 11-48-101.5
• Political subdivision: means a municipality or county. See Utah Code 11-51-102
• Political subdivision: means :
       (2)(a) a county, as defined in Section 17-50-101;
       (2)(b) a municipality, as defined in Section 10-1-104;
       (2)(c) a special district, as defined in Section 17B-1-102;
       (2)(d) a special service district, as defined in Section 17D-1-102;
       (2)(e) an interlocal entity, as defined in Section 11-13-103;
       (2)(f) a community reinvestment agency created under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act;
       (2)(g) a local building authority, as defined in Section 17D-2-102; or
       (2)(h) a conservation district, as defined in Section 17D-3-102. See Utah Code 11-52-102
• Political subdivision: means a county, municipality, school district, limited purpose local government entity described in Title 17B, Limited Purpose Local Government Entities - Special Districts, Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act, or Title 17D, Limited Purpose Local Government Entities - Other Entities, or an entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental subdivision or public corporation. See Utah Code 11-55-102
• Political subdivision: means :
       (11)(a) a city or town; or
       (11)(b) a county, as it relates to the licensing and regulation of businesses in the unincorporated area of the county. See Utah Code 11-56-102
• Political subdivision: means any county, city, town, school district, community reinvestment agency, special improvement or taxing district, special district, special service district, entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation. See Utah Code 11-57-102
• Political subdivision: means :
       (4)(a) a county, as that term is defined in Section 17-50-101;
       (4)(b) a municipality, as that term is defined in Section 10-1-104;
       (4)(c) a special district, as that term is defined in Section 17B-1-102;
       (4)(d) a special service district, as that term is defined in Section 17D-1-102;
       (4)(e) an interlocal entity, as that term is defined in Section 11-13-103;
       (4)(f) a community reinvestment agency created under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act;
       (4)(g) a local building authority, as that term is defined in Section 17D-2-102;
       (4)(h) a conservation district, as that term is defined in Section 17D-3-102; or
       (4)(i) a local entity, as that term is defined in Sections 11-42-102 and 11-42a-102. See Utah Code 11-60-102
• Political subdivision lien: means a lien that a statute expressly authorizes a political subdivision to hold and record, including a direct charge that constitutes, according to an express statutory provision, a lien. See Utah Code 11-60-102
• Primary standards: means the physical standards of the state, described in Section 4-9-105, which are the legal reference from which all other standards and weights and measures are derived. See Utah Code 4-9-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Procurement item: means the same as that term is defined in Section 63G-6a-103. See Utah Code 11-54-102
• Producer: means a person who produces milk or milk fat from cows and who sells it for human or animal consumption, or for medicinal or industrial uses. See Utah Code 4-22-102
• Producer-handler: means any producer who processes raw milk or milk fat. See Utah Code 4-22-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Property tax: means a tax imposed on real property under Title 59, Chapter 2, Property Tax Act, Title 59, Chapter 3, Tax Equivalent Property Act, or Title 59, Chapter 4, Privilege Tax. See Utah Code 11-60-102
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public funds: means the same as that term is defined in Section 51-7-3. See Utah Code 11-57-102
• 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
• 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.
• Sale from bulk: means the sale of commodities, when the quantity is determined at the time of sale. See Utah Code 4-9-102
• Secondary standards: means a physical standard which is traceable to primary standards through comparisons, using acceptable laboratory procedures. See Utah Code 4-9-102
• Six-member council form of government: means the form of municipal government described in Part 3, Six-Member Council Form of Municipal Government. See Utah Code 10-3b-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
• Statute: A law passed by a legislature.
• Summons: Another word for subpoena used by the criminal justice system.
• Tax notice charge: means the same as that term is defined in Section Utah Code 11-60-102
• Tax sale: means the tax sale described in Title 59, Chapter 2, Part 13, Collection of Taxes. See Utah Code 11-60-102
• Temporary mass gathering: means :
            (12)(a)(i) an actual or reasonably anticipated assembly of 500 or more people that continues, or reasonably can be expected to continue, for two or more hours per day; or
            (12)(a)(ii) an event that requires a more extensive review to protect public health and safety because the event's nature or conditions have the potential of generating environmental or health risks. See Utah Code 11-56-102
• 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.
• Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Unincorporated: means not within a municipality. See Utah Code 10-1-104
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Weighing and measuring: means the use of weights and measures. See Utah Code 4-9-102
• Weight: means net weight, unless the label declares that the product is sold by drained weight, in which case "weight" means net drained weight. See Utah Code 4-9-102
• Weights and measures: means the instruments or devices used for weighing or measuring, including an appliance or accessory associated with the instrument or device. See Utah Code 4-9-102
• Weights and measures registration: means the issuance of a certificate by the commissioner to a weights and measures user. See Utah Code 4-9-102
• Weights and measures user: means a person who uses weights and measures in trade or commerce. See Utah Code 4-9-102
• Working animal: means an animal used for performing a specific duty or function in commerce, including an animal used for entertainment, herding, transportation, education, or exhibition. See Utah Code 11-46a-101
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5