§ 7-1-301 Powers and duties of commissioner — Rulemaking
§ 7-1-302 Review of supervisor’s action by commissioner
§ 7-1-303 Joint operations and information exchange by institutions
§ 7-1-304 Civil actions against unauthorized operations
§ 7-1-305 Final decisions on applications for new institutions, branches, relocation, merger, consolidation, acquisition and changes in control of financial institutions
§ 7-1-307 Cease and desist orders — Procedure for issuance
§ 7-1-308 Suspension or removal of director or officer — Grounds — Procedure for issuance of order
§ 7-1-309 Hearings by commissioner — Discretion of commissioner — Procedure — Judicial review
§ 7-1-310 Subpoena power of commissioner
§ 7-1-311 Moratoriums on applications for new depository institutions or branches
§ 7-1-312 Reports required of large stockholders of financial institutions as to loans secured by stock
§ 7-1-313 Requiring remedial action by institution in or about to be in unsound condition — Assistance by insurers
§ 7-1-314 Examination of institutions by commissioner or supervisor
§ 7-1-315 Examination by board of directors required — Report
§ 7-1-316 Forms for reports required from institutions
§ 7-1-317 Reports of condition called for by commissioner
§ 7-1-318 Reports of condition — Form — Falsification or failure to file
§ 7-1-319 Notice to county attorney or district attorney of criminal violations — Attorney general to conduct actions commenced by commissioner — Assistance of county attorney or district attorney
§ 7-1-320 Actions to enjoin violations — Bond not required — Recovery — Attorney’s fees
§ 7-1-321 Powers and duties of commissioner to carry out purposes of title
§ 7-1-322 Orders of commissioner — Writing — Service — Contents — Enforcement
§ 7-1-323 Regulation of interstate operations — Coordination of efforts
§ 7-1-324 Debt cancellation agreements and debt suspension agreements
§ 7-1-325 Compliance with applicable federal law
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Terms Used In Utah Code > Title 7 > Chapter 1 > Part 3 - Powers and Duties of Commissioner of Financial Institutions

  • 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
  • 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
  • Advisory board: means the Medical Cannabis Policy Advisory Board created in Section 26B-1-435. See Utah Code 4-41a-102
  • 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 operation: includes :
              (1)(b)(i) the real property where the commercial production described in Subsection (1)(a) occurs;
              (1)(b)(ii) a facility, a property, or equipment used to facilitate the commercial production described in Subsection (1)(a);
              (1)(b)(iii) an agritourism activity, as defined in Section 78B-4-512; or
              (1)(b)(iv) an agricultural protection area established under Title 17, Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas. See Utah Code 4-44-102
  • 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
  • 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.
  • 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.
  • 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.
  • 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
  • board: means the Cannabis Production Establishment and Pharmacy Licensing Advisory Board created in Section Utah Code 4-41a-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
  • 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
  • Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
  • 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 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.
  • 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.
  • 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
  • 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 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 Agriculture and Food. See Utah Code 4-41a-102
  • 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
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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
  • 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
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • 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.
  • Financial institution: means an institution subject to the jurisdiction of the department because of this title. See Utah Code 7-1-103
  • 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
  • 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 Section 26B-4-244. See Utah Code 4-41a-102
  • 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
  • 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 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
  • 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
  • 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 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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
  • Inventory control system: means a system described in Section 4-41a-103. See Utah Code 4-41a-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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 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
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensee: means a person who holds a valid farm custom slaughter license. See Utah Code 4-32-105
  • Licensee: means a person possessing a cannabinoid processor license that the department issues under this chapter. See Utah Code 4-41-102
  • Livestock: means cattle, sheep, goats, swine, horses, mules, poultry, domesticated elk as defined in Section 4-39-102, or any other domestic animal or domestic furbearer raised or kept for profit. See Utah Code 4-1-109
  • 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
  • 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 Section 4-41a-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
  • Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
  • 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
  • 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.
  • 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
  • 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
  • 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
  • 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
  • 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.
  • 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.
  • Prepared: means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed. See Utah Code 4-32-105
  • 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.
  • 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
  • Quorum: The number of legislators that must be present to do business.
  • 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
  • Recommending medical provider: means the same as that term is defined in Section 26B-4-201. See Utah Code 4-41a-102
  • 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.
  • 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 Section 58-37-4. See Utah Code 4-41a-102
  • Restricted account: means the Rangeland Improvement Account created in Section 4-20-105. See Utah Code 4-20-102
  • Retailer permittee: means a person possessing an industrial hemp retailer permit that the department issues under this chapter. See Utah Code 4-41-102
  • 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
  • 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
  • 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: 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 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.
  • 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
  • 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
  • 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
  • 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
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • 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
  • 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
  • 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