Utah Code > Title 7 > Chapter 1 – General Provisions
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Terms Used In Utah Code > Title 7 > Chapter 1 - General Provisions
- Account holder: means a person for whom an account is held by a financial institution. See Utah Code 7-1-1001
- 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
- Adulterant: means any poisonous or deleterious substance in a quantity that may be injurious to health, including:
(1)(a) pesticides;(1)(b) heavy metals;(1)(c) solvents;(1)(d) microbial life;(1)(e) artificially derived cannabinoid;(1)(f) toxins; or(1)(g) foreign matter. See Utah Code 4-41a-102- 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- Adversely affected party: means a person other than a land use applicant who:
(2)(a) owns real property adjoining the property that is the subject of a land use application or land use decision; or(2)(b) will suffer a damage different in kind than, or an injury distinct from, that of the general community as a result of the land use decision. See Utah Code 17-27a-103- 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- 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.
- Advisory board: means the Medical Cannabis Policy Advisory Board created in Section
26B-1-435 . 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.
- Affordable housing: means housing offered for sale at 80% or less of the median county home price for housing of that type. See Utah Code 17-27a-1201
- Agency: means the same as that term is defined in Section
17C-1-102 . See Utah Code 17-27a-1201- Agricultural crops: means any product of cultivation;
(2) "Board" means the Agricultural and Wildlife Damage Prevention Board;(3) "Bounty" means the monetary compensation paid to persons for the harvest of predatory or depredating animals;(4) "Damage" means any injury or loss to livestock, poultry, agricultural crops, or wildlife inflicted by predatory or depredating animals or depredating birds;(5) "Depredating animal" means a field mouse, gopher, ground squirrel, jack rabbit, raccoon, or prairie dog;(6) "Depredating bird" means a Brewer's blackbird or starling;(7) "Livestock" means cattle, horses, mules, sheep, goats, and swine;(8) "Predatory animal" means any coyote; and(9) "Wildlife" means any form of animal life generally living in a state of nature, except a predatory animal or a depredating animal or bird. See Utah Code 4-23-103- 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 Section78B-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- Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
- 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 all vertebrate or invertebrate species. See Utah Code 4-14-102
- 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.
- Appeal authority: means the person, board, commission, agency, or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance. See Utah Code 17-27a-103
- 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
- Aquaculture: means the controlled cultivation of aquatic animals. See Utah Code 4-37-103
- Aquaculture facility: means any tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture. See Utah Code 4-37-103
- Aquatic animal: includes a gamete of any species listed in Subsection (3)(a). See Utah Code 4-37-103
- Arena: means an enclosed building:
(6)(a) that is managed by:(6)(a)(i) the same person who owns the enclosed building;(6)(a)(ii) a person who has a majority interest in each person who owns or manages a space in the enclosed building; or(6)(a)(iii) a person who has authority to direct or exercise control over the management or policy of each person who owns or manages a space in the enclosed building;(6)(b) that operates as a venue; and(6)(c) that has an occupancy capacity of at least 12,500. See Utah Code 32B-1-102- Arena license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8c, Arena License Act. See Utah Code 32B-1-102
- Arrest: Taking physical custody of a person by lawful authority.
- Artificially derived cannabinoid: means a chemical substance that is created by a chemical reaction that changes the molecular structure of any chemical substance derived from the cannabis plant. See Utah Code 4-41a-102
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- 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.
- Bank: means a person authorized under the laws of this state, another state, or the United States to accept deposits from the public. See Utah Code 7-1-103
- Banquet: means an event:
(8)(a) that is a private event or a privately sponsored event;(8)(b) that is held at one or more designated locations approved by the commission in or on the premises of:(8)(b)(i) a hotel;(8)(b)(ii) a resort facility;(8)(b)(iii) a sports center;(8)(b)(iv) a convention center;(8)(b)(v) a performing arts facility;(8)(b)(vi) an arena; or(8)(b)(vii) a restaurant venue;(8)(c) for which there is a contract:(8)(c)(i) between a person operating a facility listed in Subsection (8)(b) and another person that has common ownership of less than 20% with the person operating the facility; and(8)(c)(ii) under which the person operating a facility listed in Subsection (8)(b) is required to provide an alcoholic product at the event; and(8)(d) at which food and alcoholic products may be sold, offered for sale, or furnished. See Utah Code 32B-1-102- Base taxable value: means a property's taxable value as shown upon the assessment roll last equalized during the base year. See Utah Code 17-27a-1201
- Base year: means , for a proposed home ownership promotion zone area, a year beginning the first day of the calendar quarter determined by the last equalized tax roll before the adoption of the home ownership promotion zone. See Utah Code 17-27a-1201
- Beer: means a product that:
(11)(a)(i) contains:(11)(a)(i)(A) at least . See Utah Code 32B-1-102- board: means the Cannabis Production Establishment and Pharmacy Licensing Advisory Board created in Section
Utah Code 4-41a-102 - Board: means the Land Conservation Board established in Section 4-46-201. See Utah Code 4-46-102
- Branch: means a place of business of a financial institution, other than its main office, at which deposits are received and paid. See Utah Code 7-1-103
- 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
- Cannabinoid processor license: means a license that the department issues to a person for the purpose of processing a cannabinoid product. See Utah Code 4-41-102
- Cannabinoid product: means a product that:
(6)(a) contains or is represented to contain one or more naturally occurring cannabinoids;(6)(b) contains less than the cannabinoid product THC level, by dry weight;(6)(c) contains a combined amount of total THC and any THC analog that does not exceed 10% of the total cannabinoid content;(6)(d) does not exceed a total of THC and any THC analog that is greater than:(6)(d)(i) 5 milligrams per serving; and(6)(d)(ii) 150 milligrams per package; and(6)(e) unless the product is in an oil based suspension, has a serving size that:(6)(e)(i) is an integer; and(6)(e)(ii) is a discrete unit of the cannabinoid product. See Utah Code 4-41-102- Cannabinoid product class: means a group of cannabinoid products that:
(7)(a) have all ingredients in common; and(7)(b) are produced by or for the same company. See Utah Code 4-41-102- Cannabis: means the same as that term is defined in Section
26B-4-201 . See Utah Code 4-41-102- Cannabis: means the same as that term is defined in Section
26B-4-201 . See Utah Code 4-41a-102- Cannabis concentrate: means :
(8)(a) the product of any chemical or physical process applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in the biomass; and(8)(b) any amount of a natural cannabinoid or artificially derived cannabinoid in an artificially derived cannabinoid's purified state. See Utah Code 4-41a-102- Cannabis cultivation byproduct: means any portion of a cannabis plant that is not intended to be sold as a cannabis plant product. 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 cultivation facility agent: means an individual who
holds a valid cannabis production establishment agent registration card with a cannabis cultivation facility designation. See Utah Code 4-41a-102
- Cannabis derivative product: means a product made using cannabis concentrate. See Utah Code 4-41a-102
- Cannabis plant product: means any portion of a cannabis plant intended to be sold in a form that is recognizable as a portion of a cannabis plant. 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 processing facility agent: means an individual who
holds a valid cannabis production establishment agent registration card with a cannabis processing facility designation. 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- Cannabis Research Review Board: means the Cannabis Research Review Board created in Section
26B-1-420 . 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
- CBD: means the cannabinoid identified as CAS# 13956-29-1. See Utah Code 4-41-102
- 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- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- Closed-door medical cannabis pharmacy: means a facility operated by a home delivery medical cannabis pharmacy for delivering cannabis or a medical cannabis product. See Utah Code 4-41a-102
- Commission: means the county legislative body of each county of this state. See Utah Code 4-17-102
- Commission: means the Alcoholic Beverage Services Commission created in Section
32B-2-201 . See Utah Code 32B-1-102- Commission: means the Utah Horse Racing Commission created by this chapter. See Utah Code 4-38-102
- 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 representative. See Utah Code 4-17-102
- Commissioner: includes a person authorized by the commissioner to carry out the provisions of this chapter. See Utah Code 4-32-105
- Commissioner: means the commissioner of the department. See Utah Code 4-45-102
- Commissioner: means the Commissioner of Financial Institutions. See Utah Code 7-1-103
- Community location: means :
(23)(a) a public or private school as defined in Subsection32B-1-102 (115);(23)(b) a church;(23)(c) a public library;(23)(d) a public playground; or(23)(e) a public park. See Utah Code 32B-1-102- 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.
- 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
- Constitutional taking: means a governmental action that results in a taking of private property so that compensation to the owner of the property is required by the:
(10)(a) Fifth or Fourteenth Amendment of the Constitution of the United States; or(10)(b) Utah Constitution, Article I, Section 22. See Utah Code 17-27a-103- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- control: means the power, directly or indirectly, or through or in concert with one or more persons, to:
(5)(a) direct or exercise a controlling influence over:(5)(a)(i) the management or policies of a financial institution; or(5)(a)(ii) the election of a majority of the directors or trustees of an institution; or(5)(b) vote 25% or more of any class of voting securities of a financial institution. See Utah Code 7-1-103- 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.
- 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 Section17-52a-203 ; or(7)(c) the county manager, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- County legislative body: means :
(8)(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;(8)(b) the county council, in the county executive-council optional form of government authorized by Section17-52a-203 ; and(8)(c) the county council, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5- County noxious weed: means any plant that is:
(3)(a) not on the state noxious weed list;(3)(b) especially troublesome in a particular county; and(3)(c) declared by the county legislative body to be a noxious weed within the county. See Utah Code 4-17-102- Credit union: means a cooperative, nonprofit association incorporated under:
(6)(a) Chapter 9, Utah Credit Union Act; or(6)(b) Utah Code 7-1-103- Critical infrastructure materials: means sand, gravel, or rock aggregate. See Utah Code 17-27a-1001
- Critical infrastructure materials operations: means the extraction, excavation, processing, or reprocessing of critical infrastructure materials. See Utah Code 17-27a-1001
- Critical infrastructure materials operator: means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that:
(3)(a) owns, controls, or manages a critical infrastructure materials operations; and(3)(b) has produced commercial quantities of critical infrastructure materials from the critical infrastructure materials operations. See Utah Code 17-27a-1001- Cultivation space: means , quantified in square feet, the horizontal area in which a cannabis cultivation facility cultivates cannabis, including each level of horizontal area if the cannabis cultivation facility hangs, suspends, stacks, or otherwise positions plants above other plants in multiple levels. See Utah Code 4-41a-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.
- 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 Agriculture and Food. See Utah Code 4-35-102
- Department: means the Department of Agriculture and Food created in Section 4-2-102. See Utah Code 4-45-102
- Department: means the Department of Financial Institutions. See Utah Code 7-1-103
- Department: means the Department of Alcoholic Beverage Services created in Section
32B-2-203 . See Utah Code 32B-1-102- Department: means the Department of Agriculture and Food. See Utah Code 4-41a-102
- Dependent: A person dependent for support upon another.
- 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.
- Depository institution: means a bank, savings and loan association, savings bank, industrial bank, credit union, or other institution that:
(8)(a) holds or receives deposits, savings, or share accounts;(8)(b) issues certificates of deposit; or(8)(c) provides to its customers other depository accounts that are subject to withdrawal by checks, drafts, or other instruments or by electronic means to effect third party payments. See Utah Code 7-1-103- Depository institution holding company: means :
(9)(a)(i) a person other than an individual that:(9)(a)(i)(A) has control over a depository institution; or(9)(a)(i)(B) becomes a holding company of a depository institution under Section 7-1-703; or(9)(a)(ii) a person other than an individual that the commissioner finds, after considering the specific circumstances, is exercising or is capable of exercising a controlling influence over a depository institution by means other than those specifically described in this section. See Utah Code 7-1-103- Director: means the director of the Division of Conservation. See Utah Code 4-46-102
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Distribute: means to offer for sale, sell, barter, ship, deliver for shipment, receive, deliver, or offer to deliver pesticides in this state. See Utah Code 4-14-102
- Division: means the Division of Conservation created in Section 4-46-401. See Utah Code 4-46-102
- 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
- Donee: The recipient of a gift.
- Donor: The person who makes a gift.
- Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
- Elk ranch: means a facility where domesticated elk are harvested through typical hunting methods. See Utah Code 4-39-102
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- 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
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- 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
- 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
- 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.
- Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
(2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and(2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101- Executive director: means the executive director of the commission. See Utah Code 4-38-102
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Family member: means a parent, step-parent, spouse, child, sibling, step-sibling, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild. See Utah Code 4-41a-102
- 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
- Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
- Federal acts: means :
(17)(a) the Federal Meat Inspection Act, Utah Code 4-32-105- Fee fishing facility: means a body of water used for holding or rearing fish for the purpose of providing fishing for a fee or for pecuniary consideration or advantage. See Utah Code 4-37-103
- Fees: means the revenue collected by the United States secretary of interior from assessments on livestock using public lands. See Utah Code 4-20-102
- Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
- Fiduciary: A trustee, executor, or administrator.
- FIFRA: means the Federal Insecticide, Fungicide, and Rodenticide Act. See Utah Code 4-14-102
- Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103
- Financial institution holding company: means a person, other than an individual that has control over a financial institution or a person that becomes a financial institution holding company under this chapter, including an out-of-state or foreign depository institution holding company. See Utah Code 7-1-103
- 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.
- Food: means :
(3)(a) an article used for food or drink for human or animal consumption or the components of the article;(3)(b) chewing gum or chewing gum components; or(3)(c) a food supplement for special dietary use that is necessitated because of a physical, physiological, pathological, or other condition. See Utah Code 4-45-102- 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
- Foreign depository institution: means a depository institution chartered or authorized to transact business by a foreign government. See Utah Code 7-1-103
- Fraud: Intentional deception resulting in injury to another.
- Fund: means the Plant Pest Fund created by Section
4-35-106 . See Utah Code 4-35-102- Fund: means the LeRay McAllister Working Farm and Ranch Fund created in Section 4-46-301. See Utah Code 4-46-102
- Furnish: includes to:
(47)(b)(i) serve;(47)(b)(ii) deliver; or(47)(b)(iii) otherwise make available. See Utah Code 32B-1-102- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- General plan: means a document that a county adopts that sets forth general guidelines for proposed future development of:
(20)(a) the unincorporated land within the county; or(20)(b) for a mountainous planning district, the land within the mountainous planning district. See Utah Code 17-27a-103- Geologic hazard: means :
(21)(a) a surface fault rupture;(21)(b) shallow groundwater;(21)(c) liquefaction;(21)(d) a landslide;(21)(e) a debris flow;(21)(f) unstable soil;(21)(g) a rock fall; or(21)(h) any other geologic condition that presents a risk:(21)(h)(i) to life;(21)(h)(ii) of substantial loss of real property; or(21)(h)(iii) of substantial damage to real property. See Utah Code 17-27a-103- 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 Section26B-4-244 . See Utah Code 4-41a-102- Governmental entity: means :
(1)(b)(i) the state, including:(1)(b)(i)(A) a department;(1)(b)(i)(B) an institution;(1)(b)(i)(C) a board;(1)(b)(i)(D) a division;(1)(b)(i)(E) a bureau;(1)(b)(i)(F) an office;(1)(b)(i)(G) a commission;(1)(b)(i)(H) a committee; or(1)(b)(i)(I) an elected official; and(1)(b)(ii) a political subdivision of the state, including:(1)(b)(ii)(A) a county;(1)(b)(ii)(B) a city;(1)(b)(ii)(C) a town;(1)(b)(ii)(D) a school district;(1)(b)(ii)(E) a public transit district;(1)(b)(ii)(F) a redevelopment agency;(1)(b)(ii)(G) a special improvement district; or(1)(b)(ii)(H) a taxing district. See Utah Code 7-1-1001- Grazing district: means an administrative unit of land:
(3)(a) designated by the commissioner as valuable for grazing and for raising forage crops; and(3)(b) that consists of any combination of the following:(3)(b)(i) public lands;(3)(b)(ii) private land;(3)(b)(iii) state land; and(3)(b)(iv) school and institutional trust land as defined in Section 53C-1-103. See Utah Code 4-20-102- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5- 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- 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
- Home ownership promotion zone: means a home ownership promotion zone created pursuant to this part. See Utah Code 17-27a-1201
- Home state: means :
(14)(a) for a state chartered depository institution, the state that charters the institution;(14)(b) for a federally chartered depository institution, the state where the institution's main office is located; and(14)(c) for a depository institution holding company, the state in which the total deposits of all depository institution subsidiaries are the largest. See Utah Code 7-1-103- Host state: means :
(15)(a) for a depository institution, a state, other than the institution's home state, where the institution maintains or seeks to establish a branch; and(15)(b) for a depository institution holding company, a state, other than the depository institution holding company's home state, where the depository institution holding company controls or seeks to control a depository institution subsidiary. See Utah Code 7-1-103- 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
- Improvement completion assurance: means a surety bond, letter of credit, financial institution bond, cash, assignment of rights, lien, or other equivalent security required by a county to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to:
(26)(a) recording a subdivision plat; or(26)(b) development of a commercial, industrial, mixed use, or multifamily project. See Utah Code 17-27a-103- 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- Independent cannabis testing laboratory agent: means an individual who
holds a valid cannabis production establishment agent registration card with an independent cannabis testing laboratory designation. See Utah Code 4-41a-102
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Industrial bank: means a corporation or limited liability company conducting the business of an industrial bank under Chapter 8, Industrial Banks. See Utah Code 7-1-103
- Industrial hemp: means any part of a cannabis plant, whether growing or not, with a concentration of less than 0. See Utah Code 4-41-102
- Industrial hemp producer registration: means a registration that the department issues to a person for the purpose of processing industrial hemp or an industrial hemp product. See Utah Code 4-41-102
- Industrial hemp product: means a product made by processing industrial hemp plants or industrial hemp parts. See Utah Code 4-41-102
- Industrial hemp retailer permit: means a permit that the department issues to a retailer who sells any viable industrial hemp seed or cannabinoid product. See Utah Code 4-41-102
- Industrial loan company: means the same as that term is defined in Section 7-8-21. See Utah Code 7-1-103
- Infrastructure improvement: means permanent infrastructure that is essential for the public health and safety or that:
(29)(a) is required for human consumption; and(29)(b) an applicant must install:(29)(b)(i) in accordance with published installation and inspection specifications for public improvements; and(29)(b)(ii) as a condition of:(29)(b)(ii)(A) recording a subdivision plat;(29)(b)(ii)(B) obtaining a building permit; or(29)(b)(ii)(C) developing a commercial, industrial, mixed use, condominium, or multifamily project. See Utah Code 17-27a-103- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Insolvent: means the status of a financial institution that is unable to meet its obligations as they mature. See Utah Code 7-1-103
- 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- Institution: means :
(19)(a) a corporation;(19)(b) a limited liability company;(19)(c) a partnership;(19)(d) a trust;(19)(e) an association;(19)(f) a joint venture;(19)(g) a pool;(19)(h) a syndicate;(19)(i) an unincorporated organization; or(19)(j) any form of business entity. See Utah Code 7-1-103- Institution subject to the jurisdiction of the department: means an institution or other person described in Section 7-1-501. See Utah Code 7-1-103
- 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
- Inventory control system: means a system described in Section
4-41a-103 . See Utah Code 4-41a-102- Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
- 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.
- Key participant: means any of the following:
(15)(a) a licensee;(15)(b) an operation manager;(15)(c) a site manager; or(15)(d) an employee who has access to any industrial hemp material with a THC concentration above 0. See Utah Code 4-41-102- Kratom processor: means a person who:
(4)(a) sells, prepares, or maintains a kratom product; or(4)(b) advertises, represents, or holds oneself out as selling, preparing, or maintaining a kratom product. See Utah Code 4-45-102- 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
- 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- Land use applicant: means a property owner, or the property owner's designee, who submits a land use application regarding the property owner's land. See Utah Code 17-27a-103
- 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- Land use authority: means :
(35)(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or(35)(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 17-27a-103- Land use decision: means an administrative decision of a land use authority or appeal authority regarding:
(36)(a) a land use permit;(36)(b) a land use application; or(36)(c) the enforcement of a land use regulation, land use permit, or development agreement. See Utah Code 17-27a-103- 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
- leases: means the sale or lease, respectively, of isolated or disconnected tracts of public lands by the United States secretary of interior. See Utah Code 4-20-102
- Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
(3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and(3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101- Legislative body: means the county legislative body, or for a county that has adopted an alternative form of government, the body exercising legislative powers. See Utah Code 17-27a-103
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- License: means :
(62)(a) a retail license;(62)(b) a sublicense;(62)(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License;(62)(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;(62)(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;(62)(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or(62)(g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102- Licensee: means a person who holds a valid farm custom slaughter license. See Utah Code 4-32-105
- Licensee: means a person who holds a license. See Utah Code 32B-1-102
- Licensee: means a person possessing a cannabinoid processor license that the department issues under this chapter. See Utah Code 4-41-102
- Lien: A claim against real or personal property in satisfaction of a debt.
- Liquidation: means the act or process of winding up the affairs of an institution subject to the jurisdiction of the department by realizing upon assets, paying liabilities, and appropriating profit or loss, 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
- Liquidator: means a person, agency, or instrumentality of this state or the United States appointed to conduct a liquidation. See Utah Code 7-1-103
- 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
- Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 17-27a-103
- Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
- Man: means an adult human male. See Utah Code 68-3-12.5
- 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 Section4-41a-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- 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- Misuse: means use of any pesticide in a manner inconsistent with the pesticide's label or labeling. See Utah Code 4-14-102
- Money services business: includes :
(23)(a)(i) a check casher;(23)(a)(ii) a deferred deposit lender;(23)(a)(iii) an issuer or seller of traveler's checks or money orders; and(23)(a)(iv) a money transmitter. See Utah Code 7-1-103- 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.
- Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
- Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
- 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
- Mountainous planning district: means an area designated by a county legislative body in accordance with Section
17-27a-901 . See Utah Code 17-27a-103- National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
- National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
- Natural flowing stream: means the same as that term is defined in Section 23A-1-101. See Utah Code 4-37-103
- Natural lake: means the same as that term is defined in Section 23A-1-101. See Utah Code 4-37-103
- Non-compliant material: means :
(17)(a) a hemp plant that does not comply with this chapter, including a cannabis plant with a concentration of 0. See Utah Code 4-41-102- Nonamenable species: includes domesticated game, as defined in Section 4-32a-201. See Utah Code 4-32-105
- Nonconforming use: means a use of land that:
(48)(a) legally existed before the current land use designation;(48)(b) has been maintained continuously since the time the land use ordinance regulation governing the land changed; and(48)(c) because of one or more subsequent land use ordinance changes, does not conform to the regulations that now govern the use of the land. See Utah Code 17-27a-103- Nonprotected record: means a record maintained by a financial institution to facilitate the conduct of the financial institution's business regarding a person or account, including:
(1)(c)(i) the existence of an account;(1)(c)(ii) the opening and closing dates of an account;(1)(c)(iii) the name under which an account is held; and(1)(c)(iv) the name, address, and telephone number of an account holder. See Utah Code 7-1-1001- NOW account: means a savings account from which the owner may make withdrawals by negotiable or transferable instruments for the purpose of making transfers to third parties. See Utah Code 7-1-103
- Noxious weed: means any plant the commissioner determines to be especially injurious to public health, crops, livestock, land, or other property. See Utah Code 4-17-102
- 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
- Oath: A promise to tell the truth.
- Oath: includes "affirmation. See Utah Code 68-3-12.5
- 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.
- offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
- 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
- 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
- Ornamental and turf pest control: means the use of a pesticide to control ornamental and turf pests in the maintenance and protection of ornamental trees, shrubs, flowers, or turf. See Utah Code 4-14-102
- Out-of-state: means , in reference to a depository institution or depository institution holding company, an institution or company whose home state is not Utah. See Utah Code 7-1-103
- 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
- Package agency: means a retail liquor location operated:
(85)(a) under an agreement with the department; and(85)(b) by a person:(85)(b)(i) other than the state; and(85)(b)(ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package Agency, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102- Parcel: means any real property that is not a lot. See Utah Code 17-27a-103
- Participant: means the same as that term is defined in Section
17C-1-102 . See Utah Code 17-27a-1201- Participation agreement: means the same as that term is defined in Section
17C-1-102 . See Utah Code 17-27a-1201- 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.
- Permittee: means a person possessing a permit that the department issues under this chapter. See Utah Code 4-41-102
- 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- Person: means :
(19)(a) an individual, partnership, association, firm, trust, limited liability company, or corporation; and(19)(b) an agent or employee of an individual, partnership, association, firm, trust, limited liability company, or corporation. See Utah Code 4-41-102- Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 17-27a-103
- 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- 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- Pesticide dealer: means any person who distributes restricted use pesticides. See Utah Code 4-14-102
- 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.
- Plant pest: means a biological agent that the commissioner determines to be a threat to agriculture in the state as described in Subsection
4-2-103 (1)(k)(i). See Utah Code 4-35-102- Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section
17-27a-603 or57-8-13 . See Utah Code 17-27a-103- 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
- 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.
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
- 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.
- Private fish pond: means the same as that term is defined in Section 23A-1-101. See Utah Code 4-37-103
- 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.
- 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
- 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.
- Protected record: means a record that is not defined as a nonprotected record. See Utah Code 7-1-1001
- Public aquaculture facility: means a tank, canal, raceway, pond, off-stream reservoir, or other structure used for aquaculture by the Division of Wildlife Resources, U. See Utah Code 4-37-103
- Public fishery resource: means fish produced in public aquaculture facilities and wild and free ranging populations of fish in the surface waters of the state. See Utah Code 4-37-103
- Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 17-27a-103
- Qualified medical provider: means the same as that term is defined in Section
26B-4-201 . See Utah Code 4-41a-102- Qualified Production Enterprise Fund: means the fund created in Section
4-41a-104 . See Utah Code 4-41a-102- 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
- Quorum: The number of legislators that must be present to do business.
- Race meet: means the entire period of time for which a licensee has been approved to hold horse races. See Utah Code 4-38-102
- Racetrack facility: means a racetrack within Utah approved by the commission for the racing of horses, including the track surface, grandstands, clubhouse, all animal housing and handling areas, and other areas in which a person may enter only upon payment of an admission fee or upon presentation of authorized credentials. See Utah Code 4-38-102
- 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- 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
- Receivership: means the administration and management of the affairs of an institution subject to the jurisdiction of the department to conserve, preserve, and properly dispose of the assets, liabilities, and revenues of an institution in possession, 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
- Recognized race meet: means a race meet recognized by a national horse breed association. See Utah Code 4-38-102
- Recommending medical provider: means the same as that term is defined in Section
26B-4-201 . See Utah Code 4-41a-102- Record: means information that is:
(1)(e)(i) prepared, owned, received, or retained by a financial institution;(1)(e)(ii)(1)(e)(ii)(A) inscribed on a tangible medium; or(1)(e)(ii)(B) stored in an electronic or other medium; and(1)(e)(iii) retrievable in perceivable form. See Utah Code 7-1-1001- Regional board: means a regional grazing advisory board with members appointed under Section 4-20-104. See Utah Code 4-20-102
- 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.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- 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 Section58-37-4 . See Utah Code 4-41a-102- Reservoir constructed on a natural stream channel: means the same as that term is defined in Section 23A-1-101. See Utah Code 4-37-103
- Restaurant: means a business location:
(110)(a) at which a variety of foods are prepared;(110)(b) at which complete meals are served; and(110)(c) that is engaged primarily in serving meals. See Utah Code 32B-1-102- Restricted account: means the Rangeland Improvement Account created in Section 4-20-105. See Utah Code 4-20-102
- 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- Retailer permittee: means a person possessing an industrial hemp retailer permit that the department issues under this chapter. See Utah Code 4-41-102
- Road: includes :
(33)(a) a public bridge;(33)(b) a county way;(33)(c) a county road;(33)(d) a common road; and(33)(e) a state road. See Utah Code 68-3-12.5- Savings account: means a deposit or other account at a depository institution that is not a transaction account. See Utah Code 7-1-103
- Savings and loan association: means :
(31)(a) a federal savings and loan association; and(31)(b) an out-of-state savings and loan association. See Utah Code 7-1-103- Service of process: The service of writs or summonses to the appropriate party.
- service organization: means a corporation or other business entity owned or controlled by one or more financial institutions that is engaged or proposes to engage in business activities related to the business of financial institutions. See Utah Code 7-1-103
- 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.
- Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
(34)(a) sex and reproductive organ anatomy;(34)(b) chromosomal makeup; and(34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5- Short-term fishing event: means the same as that term is defined in Section 23A-1-101. See Utah Code 4-37-103
- 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- Spot treatment: means the limited application of an herbicide to an area that is no more than 5% of the potential treatment area or one-twentieth of an acre, whichever is smaller, using equipment that is designed to contain no more than five gallons of mixture. See Utah Code 4-14-102
- Staff: includes :
(128)(b)(i) an officer;(128)(b)(ii) a director;(128)(b)(iii) an employee;(128)(b)(iv) personnel management;(128)(b)(v) an agent of the licensee, including a managing agent;(128)(b)(vi) an operator; or(128)(b)(vii) a representative. See Utah Code 32B-1-102- State: means , unless the context demands otherwise:
(33)(a) a state;(33)(b) the District of Columbia; or(33)(c) the territories of the United States. See Utah Code 7-1-103- State: includes any department, division, or agency of the state. See Utah Code 17-27a-103
- 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 board: means the Utah Grazing Improvement Program Advisory Board created under Section 4-20-103. See Utah Code 4-20-102
- State conservation efforts: includes :
(11)(a)(i) efforts to optimize and preserve the uses of land for the benefit of the state's agricultural industry and natural resources; and(11)(a)(ii) conservation of working landscapes that if conserved, preserves the state's agricultural industry and natural resources, such as working agricultural land. See Utah Code 4-46-102- 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.
- Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
- Subdivision: includes :
(73)(b)(i) the division or development of land, whether by deed, metes and bounds description, devise and testacy, map, plat, or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and(73)(b)(ii) except as provided in Subsection (73)(c), divisions of land for residential and nonresidential uses, including land used or to be used for commercial, agricultural, and industrial purposes. See Utah Code 17-27a-103- Sublicense: means :
(133)(a) any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license:(133)(a)(i) a full-service restaurant license;(133)(a)(ii) a limited-service restaurant license;(133)(a)(iii) a bar establishment license;(133)(a)(iv) an on-premise banquet license;(133)(a)(v) an on-premise beer retailer license;(133)(a)(vi) a beer-only restaurant license; or(133)(a)(vii) a hospitality amenity license; or(133)(b) a spa sublicense. See Utah Code 32B-1-102- Subpoena: A command to a witness to appear and give testimony.
- Subsidiary: means a business entity under the control of an institution. See Utah Code 7-1-103
- Summons: Another word for subpoena used by the criminal justice system.
- 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- 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- Tavern: means an on-premise beer retailer who is:
(135)(a) issued a license by the commission in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and(135)(b) designated by the commission as a tavern in accordance with Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102- Tax commission: means the State Tax Commission created in Section
59-1-201 . See Utah Code 17-27a-1201- Tax increment: means the difference between:
(11)(a)(i) the amount of property tax revenue generated each tax year by a taxing entity from the area within a home ownership promotion zone, using the current assessed value and each taxing entity's current certified tax rate as defined in Section59-2-924 ; and(11)(a)(ii) the amount of property tax revenue that would be generated from that same area using the base taxable value and each taxing entity's current certified tax rate as defined in Section59-2-924 . See Utah Code 17-27a-1201- Taxing entity: means the same as that term is defined in Section
17C-1-102 . See Utah Code 17-27a-1201- Technology service provider: means a person that provides a data processing service or activity that supports the financial services or Internet related services of a depository institution subject to the jurisdiction of the department, including supporting:
(35)(a) lending;(35)(b) money transfers;(35)(c) fiduciary activities;(35)(d) trading activities;(35)(e) deposit taking;(35)(f) web services and electronic bill payments;(35)(g) mobile applications;(35)(h) system and software development and maintenance; and(35)(i) security monitoring. See Utah Code 7-1-103- 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.
- THC: means a delta-9-tetrahydrocannabinol, the cannabinoid identified as CAS# 1972-08-3. See Utah Code 4-41-102
- THC: means the same as that term is defined in Section
4-41-102 . See Utah Code 4-41a-102- THC analog: means a substance that is structurally or pharmacologically substantially similar to, or is represented as being similar to, delta-9-THC. See Utah Code 4-41-102
- THC analog: means the same as that term is defined in Section
4-41-102 . See Utah Code 4-41a-102- Total composite tetrahydrocannabinol: means all detectable forms of tetrahydrocannabinol. See Utah Code 4-41a-102
- total THC: means the sum of the determined amounts of delta-9-THC, tertrahydrocannabinolic acid, calculated as "total THC = delta-9-THC + (THCA x 0. See Utah Code 4-41-102
- total THC: means the same as that term is defined in Section
4-41-102 . See Utah Code 4-41a-102- Town: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- Transaction account: includes :
(36)(b)(i) demand deposits;(36)(b)(ii) NOW accounts;(36)(b)(iii) savings deposits subject to automatic transfers; and(36)(b)(iv) share draft accounts. See Utah Code 7-1-103- 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.
- Transportable industrial hemp concentrate: means any amount of a natural cannabinoid in a purified state that:
(25)(a) is the product of any chemical or physical process applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in the biomass;(25)(b) is derived from a cannabis plant that, based on sampling that was collected no more than 30 days before the day on which the cannabis plant was harvested, contains a combined concentration of total THC and any THC analog of less than 0. See Utah Code 4-41-102- Trust company: means a person authorized to conduct a trust business, as provided in Chapter 5, Trust Business. See Utah Code 7-1-103
- Trustee: A person or institution holding and administering property in trust.
- Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
- Unincorporated: means the area outside of the incorporated area of a municipality. See Utah Code 17-27a-103
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Utah depository institution: means a depository institution whose home state is Utah. See Utah Code 7-1-103
- 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
- Vested critical infrastructure materials operations: means critical infrastructure materials operations operating in accordance with a legal nonconforming use or a permit issued by the county that existed or was conducted or otherwise engaged in before:
(4)(a) a political subdivision prohibits, restricts, or otherwise limits the critical infrastructure materials operations; and(4)(b) January 1, 2019. See Utah Code 17-27a-1001- 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- 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