Utah Code § 4-1-102
Construction
This title shall be liberally construed and applied to promote and carry out its policies and purposes.
Utah Code Title 4 — Utah Agricultural Code
Utah · statute · Utah Code tit. 4 · 584 active provisions
Provisions
Utah Code § 4-1-103
Principles of law and equity applicable
Unless displaced by the particular provisions of this code, the principles of law and equity supplement the provisions of this title.
Utah Code § 4-1-104
Procedures -- Adjudicative proceedings
The Department of Agriculture and Food and the department's divisions shall comply with Title 63G, Chapter 4, Administrative Procedures Act, in their adjudicative proceedings.
Utah Code § 4-1-105
Code enforcement -- Inspection authorized -- Condemnation or seizure -- Injunctive relief -- Costs awarded -- County or district attorney to represent state -- Criminal actions -- Witness fee
(1) To enforce a provision in this title, the department may: (a) enter, at reasonable times, and inspect a public or private premises where an agricultural product is located; and (b) obtain a sample of an agricultural product at no charge to the department, unless otherwise specified in this title. (2) The department…
Utah Code § 4-1-106
Suspension or revocation of license or registration -- Judicial review -- Attorney general to represent department
(1) If the department has reason to believe that a licensee or registrant is or has engaged in conduct that violates this title, the department shall issue and serve a notice of agency action. (2) The commissioner, or the hearing officer designated by the commissioner, may suspend or revoke a person's license or regist…
Utah Code § 4-1-107
Fees and late charges
(1) If an annual registration, license, or other fee is imposed under any chapter of this title, it shall be determined by the department pursuant to Subsection 4-2-103(2). (2) If the renewal of the registration or license is conditioned upon the payment of a renewal fee on or before a specified date, the department sh…
Utah Code § 4-1-108
Severability clause
If any provision of this title, or the application of any provision to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of this title that can be given effect without the invalid provision or application, and to this end the provisions of this title are declar…
Utah Code § 4-1-109
General definitions
As used in this title: (1) "Agricultural product" or "product of agriculture" means any product that is derived from agriculture, including any product derived from aquaculture as defined in Section 4-37-103. (2) "Agriculture" means the science and art of the production of plants and animals useful to man, including th…
Utah Code § 4-1-110
Growing or storing food for personal or family use
(1) As used in this section, "family food" means food owned by an individual that is intended for the individual's consumption, or for consumption by members of the individual's immediate family, that: (a) is legal for human consumption; (b) is lawfully possessed; and (c) poses no risk: (i) to health; (ii) of spreading…
Utah Code § 4-1-111
Exemptions from licensure
Except as otherwise provided by statute or rule, the following individuals may engage in the practice of an occupation or profession regulated by this title, subject to the stated circumstances and limitations, without being licensed under this title: (1) an individual licensed under the laws of this state, other than…
Utah Code § 4-1-112
License by endorsement
(1) As used in this section, "license" means an authorization that permits the holder to engage in the practice of a profession regulated under this title. (2) Subject to Subsections (4) through (7), the department shall issue a license to an applicant who has been licensed in another state, district, or territory of t…
Utah Code § 4-2-102
Department created
(1) There is created within state government the Department of Agriculture and Food. (2) The department created in Subsection (1) is responsible for the administration and enforcement of all laws, services, functions, and consumer programs related to agriculture in this state as assigned to the department by the Legisl…
Utah Code § 4-2-103
Functions, powers, and duties of department -- Fees for services -- Marketing orders -- Procedure -- Purchasing and auditing
(1) The department shall: (a) inquire into and promote the interests and products of agriculture and allied industries; (b) promote methods for increasing the production and facilitating the distribution of the agricultural products of the state; (c) (i) inquire into the cause of contagious, infectious, and communicabl…
Utah Code § 4-2-104
Administration by commissioner
(1) Administration of the department is under the direction, control, and management of a commissioner appointed by the governor with the advice and consent of the Senate. (2) The commissioner shall serve at the pleasure of the governor. (3) The governor shall establish the commissioner's compensation within the salary…
Utah Code § 4-2-105
Organization of divisions within department
The commissioner shall organize the department into divisions, as necessary, for the efficient administration of the department's business.
Utah Code § 4-2-106
Submission of department's budget
(1) The commissioner, upon request of the governor, shall submit an itemized budget for the department to the governor. (2) The proposed budget described in Subsection (1) shall: (a) contain a complete plan of proposed expenditures and estimated revenues for the ensuing fiscal year; and (b) be accompanied by a statemen…
Utah Code § 4-2-107
Official seal -- Authentication of records
(1) The department shall adopt and use an official seal, a description and impression of which shall be filed with the Division of Archives. (2) Copies of official department records, documents, and proceedings may be authenticated with the seal attested by the commissioner.
Utah Code § 4-2-108
Agricultural Advisory Board created -- Composition -- Responsibility -- Terms of office -- Compensation -- Executive committee
(1) There is created the Agricultural Advisory Board composed of the following 21 members: (a) the dean of the S.J. and Jessie E. Quinney College of Agriculture and Natural Resources at Utah State University; and (b) the following appointed by the commissioner: (i) two representatives of associations representing inter…
Utah Code § 4-2-109
Temporary advisory committees -- Appointment -- Compensation
(1) The commissioner, with the permission of the governor, may appoint other advisory committees on a temporary basis to offer technical advice to the department. (2) A member of a committee serves at the pleasure of the commissioner. (3) A member may not receive compensation or benefits for the member's service, but m…
Utah Code § 4-2-201
Appointment of the state chemist
The commissioner shall appoint a state chemist.
Utah Code § 4-2-202
State chemist responsibilities
(1) The state chemist shall: (a) serve as the chief administrative officer of the Division of Laboratories; and (b) supervise and administer all analytical tests required to be performed under this title or under any rule adopted under this title. (2) The state chemist may perform analytical tests for other state agenc…
Utah Code § 4-2-203
Department of Agriculture and Food Laboratory Equipment Fund
(1) There is created an expendable special revenue fund known as the Department of Agriculture and Food Laboratory Equipment Fund, which is referred to in this section as the "fund." (2) The fund consists of: (a) collections the Division of Laboratories within the department receives under this title that are not expen…
Utah Code § 4-2-301
Attorney general legal advisor for department -- County or district attorney may bring action upon request of department for violations of title
(1) The attorney general is the legal advisor for the department and shall defend the department and the department's representatives in all actions and proceedings brought against the department. (2) (a) The county attorney or the district attorney, as provided in Title 17, Chapter 68, County and District Attorney, of…
Utah Code § 4-2-302
Notice of violation -- Order for corrective action
(1) Whenever the department determines that any person, or any officer or employee of any person, is violating any requirement of this title or rules adopted under this title, the department shall serve written notice upon the alleged violator that specifies the violation and alleges the facts constituting the violatio…
Utah Code § 4-2-303
Violations unlawful
It is unlawful for a person, or the officer or employee of a person, to willfully violate, disobey, or disregard this title, a rule made under this title, or any notice or order issued under this title.
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