4-2 - Administration
Title 4 > 4-2
Sections (30)
Organization
4-2-101 - Title.
This chapter is known as “Administration.”
Enacted by Chapter 345, 2017 General Session
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 Legislature.
Renumbered and Amended by Chapter 345, 2017 General Session
4-2-103 - Functions, powers, and duties of department — Fees for services — Marketing orders — Procedure — Purchasing and auditing.
(1) The department shall:inquire into and promote the interests and products of agriculture and allied industries;promote methods for increasing the production and facilitating the distribution of the agricultural products of the state;inquire into the cause of contagious, infectious, and communicable diseases among livestock and the means for their prevention and cure; andinitiate, implement, and administer plans and programs to prevent the spread of diseases among livestock;encourage experiments designed to determine the best means and methods for the control of diseases among domestic and wild animals;issue marketing orders for any designated agricultural product to:promote orderly market conditions for any product;give the producer a fair return on the producer’s investment at the marketplace; andonly promote and not restrict or restrain the marketing of Utah agricultural commodities;administer and enforce all laws assigned to the department by the Legislature;establish standards and grades for agricultural products and fix and collect reasonable fees for services performed by the department in conjunction with the grading of agricultural products;establish operational standards for any establishment that manufactures, processes, produces, distributes, stores, sells, or offers for sale any agricultural product;in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules necessary for the effective administration of the agricultural laws of the state;when necessary, make investigations, subpoena witnesses and records, conduct hearings, issue orders, and make recommendations concerning matters related to agriculture;inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or any private or public place that may become infested or infected with harmful insects, plant diseases, noxious or poisonous weeds, or other agricultural pests;establish and enforce quarantines;issue and enforce orders and rules for the control and eradication of pests, wherever they may exist within the state; andperform other duties relating to plants and plant products considered advisable and not contrary to law;inspect apiaries for diseases inimical to bees and beekeeping;take charge of any agricultural exhibit within the state, if considered necessary by the department, and award premiums at that exhibit;provide for the coordination of state conservation efforts, including by:assisting the Conservation Commission in the administration of Chapter 18, Conservation Commission Act;implementing Chapter 46, Conservation Coordination Act, including entering into agreements with other state agencies; andadministering and disbursing money available to assist conservation districts in the state in the conservation of the state’s soil and water resources;participate in the United States Department of Agriculture certified agricultural mediation program, in accordance with 7 U.S.C. Sec. 5101 and 7 C.F.R. Part 785;promote and support the multiple use of public lands;ensure that any training or certification required of a public official or public employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the training or certification is required:under this title;by the department; orby an entity within the department;in accordance with Title 73, Chapter 3d, Part 4, Compensation:conduct mediation or arbitration; andassist in the issuance of loans by the Conservation Commission; andperform any additional functions, powers, and duties provided by law.
(2) The department, by following the procedures and requirements of Section 63J-1-504, may adopt a schedule of fees assessed for services provided by the department.
(3) A marketing order issued under Subsection (1)(e) may not take effect until:the department gives notice of the proposed order to the producers and handlers of the affected product;the commissioner conducts a hearing on the proposed order; andat least 50% of the registered producers and handlers of the affected products vote in favor of the proposed order.The department may establish boards of control to administer marketing orders and the proceeds derived from any order.A board of control shall:ensure that proceeds are placed in an account in the board of control’s name in a depository institution; andensure that the account described in Subsection (3)(b)(ii)(A) is annually reviewed by an accountant approved by the commissioner.
(4) Money collected by grain grading, as provided by Subsection (1)(g), shall be deposited into the General Fund as dedicated credits for the grain grading program.
(5) In fulfilling the department’s duties in this chapter, the department may:purchase, as authorized or required by law, services that the department is responsible to provide for legally eligible persons;take necessary steps, including legal action, to recover money or the monetary value of services provided to a recipient who is not eligible;examine and audit the expenditures of any public funds provided to a local authority, agency, or organization that contracts with or receives funds from those authorities or agencies;accept and administer grants from the federal government and from other sources, public or private; andfund grants using money appropriated by the Legislature or money received from any other source.
Amended by Chapter 130, 2025 General Session
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 range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
Amended by Chapter 352, 2020 General Session
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.
Renumbered and Amended by Chapter 345, 2017 General Session
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: contain a complete plan of proposed expenditures and estimated revenues for the ensuing fiscal year; andbe accompanied by a statement setting forth the revenues and expenditures for the fiscal year next preceding and the current assets and liabilities of the department, including restricted revenue accounts and dedicated credits.
Renumbered and Amended by Chapter 345, 2017 General Session
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.
Renumbered and Amended by Chapter 345, 2017 General Session
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: the dean of the College of Agriculture and Applied Science from Utah State University; andthe following appointed by the commissioner:two representatives of associations representing interests of farmers, selected from a list of nominees submitted by at least two associations representing farmers;a representative of an association representing cattlemen, selected from a list of nominees submitted by at least one association representing cattlemen;one representative of an association representing wool growers, selected from a list of nominees submitted by at least one association representing wool growers;one representative of an association representing dairies, selected from a list of nominees submitted by at least one association representing dairies;one representative of an association representing pork producers, selected from a list of nominees submitted by at least one association representing pork producers;one representative of egg and poultry producers;one representative of an association representing veterinarians, selected from a list of nominees submitted by at least one association representing veterinarians;one representative of an association representing livestock auctions, selected from a list of nominees submitted by at least one association representing livestock auctions;one representative of an association representing conservation districts, selected from a list of nominees submitted by at least one association representing conservation districts;one representative of the Utah horse industry;one representative of the food processing industry;one representative of the fruit and vegetable industry;one representative of the turkey industry;one representative of manufacturers of food supplements;one representative of a consumer affairs group;one representative of urban and small farmers;one representative of an association representing elk breeders, selected from a list of nominees submitted by at least one association representing elk breeders;one representative of an association representing beekeepers, selected from a list of nominees submitted by at least one association representing beekeepers; andone representative of fur breeders, selected from a list of nominees submitted by at least one association representing fur breeders.
(2) The Agricultural Advisory Board shall: advise the commissioner regarding:the planning, implementation, and administration of the department’s programs; andthe establishment of standards governing the care of livestock and poultry, including consideration of: food safety;local availability and affordability of food; andacceptable practices for livestock and farm management; andadopt best management practices for sheep, swine, cattle, and poultry industries in the state.
(3) The Agricultural Advisory Board may adopt best management practices for domesticated elk, mink, apiaries, and other agricultural industries in the state.
(4) For purposes of this section, “best management practices” means practices used by agriculture in the production of food and fiber that are commonly accepted practices, or that are at least as effective as commonly accepted practices, and that: protect the environment;protect human health; andpromote the financial viability of agricultural production.
(5) Except as required by Subsection (1)(a) or (5)(b), members of the Agricultural Advisory Board are appointed by the commissioner to four-year terms of office.Notwithstanding the requirements of Subsection (5)(a), the commissioner shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.A member may be removed at the discretion of the commissioner upon the request of the group the member represents.When a vacancy occurs in the membership for any reason, the commissioner shall appoint a replacement for the unexpired term.
(6) The Agricultural Advisory Board shall elect one member to serve as chair of the Agricultural Advisory Board for a term of one year.
(7) The Agricultural Advisory Board shall meet twice a year, but may meet more often at the discretion of the chair.Attendance of 11 members at a duly called meeting of the Agricultural Advisory Board constitutes a quorum for the transaction of official business.
(8) A member of the Agricultural Advisory Board may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with: Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(9) There is created an executive committee of the Agricultural Advisory Board consisting of the following seven members selected from members of the Agricultural Advisory Board:the two representatives appointed under Subsection (1)(b)(i);the representative appointed under Subsection (1)(b)(ix); andfour members selected from the Agricultural Advisory Board as follows: for the initial members of the executive committee, by the commissioner; andafter the initial members of the executive committee are selected, by the executive committee.A member of the executive committee shall serve a term of four years on the executive committee.A member of the executive committee may serve for more than one term on the executive committee.When a vacancy occurs in the membership of the executive committee for any reason, the replacement shall be selected in the same manner as under Subsection (9)(a) and for the unexpired term.Four members of the executive committee constitute a quorum and an action of the majority present when a quorum is present is action by the executive committee.The executive committee shall annually select a chair of the executive committee.The executive committee shall meet at least quarterly, except that the chair of the executive committee may call the executive committee for additional meetings.The executive committee shall:recommend to the department fees to be imposed under this title;accept public comment received under this title; andcarry out the responsibilities assigned to the executive committee by statute.
Amended by Chapter 274, 2022 General Session
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 may receive per diem and travel expenses in accordance with: Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Renumbered and Amended by Chapter 345, 2017 General Session
State Chemist
4-2-201 - Appointment of the state chemist.
The commissioner shall appoint a state chemist.
Renumbered and Amended by Chapter 345, 2017 General Session
4-2-202 - State chemist responsibilities.
(1) The state chemist shall: serve as the chief administrative officer of the Division of Laboratories; andsupervise 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 agencies, federal agencies, units of local government, and private persons if: the tests and analytical work do not interfere with, or impede, the work required by the department; anda charge commensurate with the work involved is made and collected.
(3) The state chemist shall perform any other official duties assigned by the commissioner.
Renumbered and Amended by Chapter 345, 2017 General Session
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: collections the Division of Laboratories within the department receives under this title that are not expended during the previous fiscal year;appropriations from the Legislature; andinterest and earnings on the fund.
(3) The state treasurer shall invest the money in the fund according to Title 51, Chapter 7, State Money Management Act, except that interest or other earnings derived from those investments shall be deposited into the fund.
(4) The department may use money in the fund only to pay for the repair, replacement, or upgrade of laboratory equipment in accordance with this section.
(5) The state chemist or the commissioner shall approve expenditures from the fund for laboratory equipment repair, replacement, or upgrade as follows: the state chemist may approve using money in the fund to repair, replace, or upgrade laboratory equipment if the amount to be expended is less than 10,000.
(6) Subject to the other provisions of this Subsection (6), the Division of Finance shall deposit into the fund the collections that the Division of Laboratories receives under this title that are not expended during a fiscal year.The fund may not exceed 500,000 at the end of the fiscal year, the Division of Finance shall deposit into the General Fund the money in excess of the amount necessary to maintain the fund balance at $500,000.
Enacted by Chapter 131, 2021 General Session
Enforcement and Penalties
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) The county attorney or the district attorney, as provided in Title 17, Chapter 68, County and District Attorney, of the county in which a cause of action arises or a public offense occurs may bring civil or criminal action, upon request of the department, to enforce the laws, standards, orders, and rules of the department or to prosecute violations of this title.If the county attorney or district attorney fails to act under Subsection (2)(a), the department may request the attorney general to bring an action on behalf of the department.
Amended by Chapter 16, 2025 Special Session 1
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 violation.
(2) After serving notice as required in Subsection (1), the department may: issue an order for necessary corrective action; andrequest the attorney general, county attorney, or district attorney to seek injunctive relief and enforcement of the order as provided in Subsection 4-2-301(2).
Renumbered and Amended by Chapter 345, 2017 General Session
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.
Amended by Chapter 311, 2020 General Session
4-2-304 - Civil and criminal penalties — Costs — Civil liability.
(1) Except as otherwise provided by this title, any person, or the officer or employee of any person, who violates this title or any lawful notice or order issued pursuant to this title shall be assessed a penalty not to exceed $5,000 per violation in a civil proceeding, and is guilty of a class B misdemeanor in a criminal proceeding.A subsequent criminal violation within two years is a class A misdemeanor.
(2) Any person, or the officer or employee of any person, shall be liable for any expenses incurred by the department in abating any violation of this title.
(3) A penalty assessment or criminal conviction under this title does not relieve the person assessed or convicted from civil liability for claims arising out of any act that was also a violation.
Renumbered and Amended by Chapter 345, 2017 General Session
4-2-305 - Preemption.
(1) Subject to concurrence with relevant federal laws and except as provided in Subsection (4), the department has exclusive jurisdiction over regulation regarding:commercial feed, as described in Chapter 12, Utah Commercial Feed Act;fertilizer, as described in Chapter 13, Utah Plant Food Act;pesticides, as described in Chapter 14, Utah Pesticide Control Act; andseeds, as described in Chapter 16, Utah Seed Act.
(2) The regulation of commercial feed, fertilizer, pesticides, and seeds within the state is of statewide concern, except as provided in Subsection (4), and this title occupies the whole field of potential regulation.
(3) Except as provided in Subsection (4), a political subdivision of the state is prohibited from regulating commercial feed, fertilizer, pesticides, and seeds, and local ordinances, resolutions, amendments, regulations, or laws that seek to do so are void.
(4) Nothing in this section preempts or otherwise limits the authority of a political subdivision to:adopt and enforce zoning regulations, fire codes, building codes, or waste disposal restrictions; orin consultation with the department, enforce, maintain, amend, or otherwise continue to implement a regulation created on or before January 1, 2017, related to the use of pesticides and fertilizers in surface water and groundwater source water protection areas.
Amended by Chapter 91, 2025 General Session
State Veterinarian
4-2-401 - Appointment.
The commissioner shall appoint a state veterinarian.
Amended by Chapter 345, 2017 General Session
4-2-402 - State veterinarian responsibilities.
(1) The state veterinarian shall: coordinate the department’s responsibilities for:the promotion of animal health; andthe diagnosis, surveillance, and prevention of animal disease;aid the meat inspection manager, whose duties are specified by the commissioner, in the direction of the inspection of meat and poultry; andperform other official duties assigned by the commissioner.
(2) The state veterinarian shall be a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act.
Amended by Chapter 528, 2023 General Session
Horse Tripping Awareness
4-2-501 - Title.
This part is known as “Horse Tripping Awareness.”
Enacted by Chapter 128, 2015 General Session
4-2-502 - Definitions.
As used in this part:
(1) “Board executive committee” means the executive committee of the Agricultural Advisory Board created in Section 4-2-108.
(2) “Horse event” means an event in which horses are roped or tripped for the purpose of a specific event or contest.
(3) “Horse tripping” means the lassoing or roping of the legs of an equine, or otherwise tripping or causing an equine to fall by any means, for the purpose of entertainment, sport, or contest, or practice for entertainment, sport, or contest.”Horse tripping” does not include accepted animal husbandry practices, customary farming practices, or commonly accepted practices occurring in conjunction with a sanctioned rodeo, animal race, or pulling contest.
Amended by Chapter 126, 2021 General Session
4-2-503 - Event reporting requirements.
(1) The owner of a venue holding a horse event shall: at least 30 days before the day on which the horse event is to be held, notify the board executive committee of the date, time, and name of the horse event; andno later than 30 days after the day on which the horse event is held, notify the board executive committee of:the number and type of competitions held at the horse event;the number of horses used;whether horse tripping occurred, and if so how many horses were used in horse tripping and how many times each horse was tripped; andwhether a veterinarian was called during the horse event, and if so: the name and contact information of the veterinarian;the outcome of the veterinarian’s examination of a horse; andthe veterinarian charges incurred.
(2) The department shall compile the reports received pursuant to Subsection (1) and provide the information to the board executive committee.The board executive committee shall, at a meeting described in Subsection 4-2-108(9):review the information described in Subsection (2)(a); andif necessary, make recommendations for rules or legislation designed to prohibit horse tripping.
(3) The department shall fine the owner of a venue that fails to fulfill the duties described in Subsection (1) $500 per violation.
(4) The department, in consultation with the board executive committee, shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to enforce this part.
Amended by Chapter 126, 2021 General Session
Pollinator Pilot Program
4-2-701 - Pollinator habitat program.
(1) Subject to the other provisions of this section, the department shall implement a pollinator habitat program that includes one or more of the following:public education efforts that include workshops, planting guides, or a public education campaign to raise awareness about creating pollinator habitats;distribution of pollinator-friendly native flowering plants or seeds for native flowering plants for planting within the state to protect a diversity of pollinators;pollinator programs run by local governments and nonprofit organizations with support from the department; andgrants that:are provided on a first-come, first-served basis; andcover up to 75% of the costs for the planting of pollinator-friendly native flowering plants or seeds for native flowering plants on private or public land.
(2) The department may coordinate with the federal government, other state agencies, institutions of higher education, as defined in Section 53H-1-101, or political subdivisions to provide for the activities described in Subsection (1).The department may designate smaller areas of the state to begin the activities described in Subsection (1).
(3) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish:the criteria for receiving a grant under this section; andthe process to apply for and receive a grant under this section.
Amended by Chapter 9, 2025 Special Session 1
Cosmetics
4-2-801 - Good manufacturing practices for cosmetics.
(1) As used in this section: “Cosmetic” means the same as that term is defined in 21 U.S.C. Sec. 321.”Good manufacturing practices” means the current good manufacturing practices described in the United States Food and Drug Administration’s Guidance for Industry: Cosmetic Good Manufacturing Practices.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with this section, the department shall make and enforce rules establishing a voluntary certification program for good manufacturing practices for cosmetics, including:the criteria for receiving a good manufacturing practices certificate, including the qualifications for registering with the department as required by Subsection (3)(a);the process to apply for and receive a good manufacturing practices certificate under this section; andcriteria by which the department will determine the term of a good manufacturing practices certificate in accordance with Subsection (5).Rules made pursuant to this section may not be more stringent than:rules established by federal law; orguidance published by the United States Food and Drug Administration.
(3) The department’s good manufacturing practices certification program shall provide for the issuance of a certificate to an applicant if: the applicant is registered with the department pursuant to registration requirements established by the department under Subsection (2)(a);the applicant submits an application to the department requesting a certificate for the applicant’s manufacturing facility; andthe department inspects the applicant’s manufacturing facility and determines that the applicant is in compliance with good manufacturing practices.
(4) In accordance with Section 63J-1-504, the department shall adopt a schedule of registration and certificate fees to cover the department’s costs of administering the certification program described in this section.Notwithstanding Section 63J-1-504, the department shall retain the fees as dedicated credits.
(5) A good manufacturing practices certificate issued under this section shall: specify the certificate issuance date and expiration date; andbe valid for a term of one to three years as determined by the department pursuant to criteria established under Subsection (2)(a).
Enacted by Chapter 268, 2022 General Session
Veterinarian Education Loan Repayment Program
4-2-901 - Definitions.
As used in this part:
(1) “Animal shelter” means the same as that term is defined in Section 11-46-102.
(2) “Education loan” means a loan received for education at a domestic or foreign institution of higher education, including a school or college of veterinary medicine.
(3) “Education loan balance” includes charges for paying off the balance of the loan.
(4) “Indian country” means the same as that term is defined in 18 U.S.C. Sec. 1151.
(5) “Livestock” means the same as that term is defined in Section 4-1-109.
(6) “Loan” means a loan that is made directly by, insured by, or guaranteed under a government program of:a state;the United States; ora foreign government.
(7) “Maximum payment value” means the lesser of:the sum of a qualified veterinarian’s education loan balances; or$20,000.
(8) “Program” means the Veterinarian Education Loan Repayment Program created in Section 4-2-902.
(9) “Qualified veterinarian” means a veterinarian who has practiced, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as a veterinarian:in an area of the state that is Indian country;in an animal shelter within the state operated by:a county;a municipality; oran organization that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code;in any area of the state as an employee of the department;in any combination of the areas described in Subsections (9)(a) through (c); orwith a practice that includes:at least 30% livestock medicine; orat least 20% livestock medicine if the veterinarian practices at least 10% in any combination of the areas described in Subsection (9)(a) through (c).
(10) “Veterinarian” means an individual licensed under Title 58, Chapter 28, Veterinary Practice Act.
Amended by Chapter 91, 2025 General Session
4-2-902 - Veterinarian Education Loan Repayment Program.
(1) There is created within the department the Veterinarian Education Loan Repayment Program.
(2) Beginning July 1, 2024, the program shall on a first-come, first-served basis make payments toward a qualified veterinarian’s education loan balances.A veterinarian is eligible for payments under Subsection (2)(a) if the veterinarian:applies as a qualified veterinarian for payment from the program; andregisters with the program at least one year before the day the veterinarian applies under Subsection (2)(b)(i) for payment.Payments made under Subsection (2)(a) shall:be made directly to one or more of the qualified veterinarian’s lenders;as funding for the program permits, each year equal the maximum payment value; andextend for a period no longer than five years for the qualified veterinarian.
(3) The department may use 2% or less of the amount appropriated for the program to pay for actual costs of administering the program.
(4) On or before October 1 each year, the department shall submit a report of the program’s revenues, expenditures, and outcomes to the Natural Resources, Agriculture, and Environment Interim Committee and the Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee.
(5) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer the program, including rules specifying how a veterinarian may register intent to apply for payment from the program.
Amended by Chapter 91, 2024 General Session
4-2-903 - Animal care violations.
(1) “Animal care facility” means the same as that term is defined in Section 76-13-215.
(2) The department may, in accordance with this section and as resources allow, respond to a complaint that an animal care facility has violated Subsection 76-13-202(2)(a) or Section 76-13-215.
(3) If the department determines that a person has violated Subsection 76-13-202(2)(a) or Section 76-13-215, the department may:impose a civil fine of up to $500 per violation;seek a temporary restraining order;seek an injunction;seek an order of seizure or condemnation for an animal that is the subject of the violation, if the department has identified a suitable animal care facility that accepts custody of the animal; orreport the circumstances to law enforcement or a prosecutor.
(4) An action by the department under Subsection (3) may precede and does not preclude a criminal penalty or criminal prosecution under Section 76-13-202, 76-13-203, 76-13-204, or 76-13-215.
(5) The department shall deposit a fine imposed under Subsection (3) into the General Fund as a dedicated credit to be used by the department for enforcement of this section.
Amended by Chapter 173, 2025 General Session
Agritourism Registry
4-2-1001 - Definitions.
As used in this part:
(1) “Agricultural enterprise” means the same as that term is defined in Section 78B-4-512.
(2) “Agritourism activity” means the same as that term is defined in Section 78B-4-512.
(3) “Registry” means the voluntary agritourism registry described in Section 4-2-1002.
Enacted by Chapter 30, 2024 General Session
4-2-1002 - Agritourism registry.
(1) The department shall maintain a voluntary agritourism registry.
(2) The purpose of the registry is to provide public notice of locations where individuals may participate in an agritourism activity.
(3) The owner of an agricultural enterprise that provides an agritourism activity in Utah may voluntarily place the agritourism activity on the registry by providing the following information to the department:the name and location of the agricultural enterprise;a description of the agritourism activity; anddetails relating to participation in the agritourism activity, including cost, hours of operation, and other relevant information.
(4) The owner of an agricultural enterprise with an agritourism activity on the registry shall notify the department of any changes to the information described in Subsection (3).
(5) The department:shall post the information on the registry to the department’s website in a location where the public may conveniently access the information;may publicize the availability of the registry to the public; andmay not charge a fee to be listed on, or to use, the registry.
(6) A registration under this section is in effect for five years, unless the owner requests removal at an earlier time.
Enacted by Chapter 30, 2024 General Session
Agricultural Studies
4-2-1101 - Local food study.
(1) As used in this section, “local food” means an agricultural product that is:produced, processed, and distributed for sale or consumption within the state; andsold to an end consumer within the state.
(2) The department shall study the barriers and gaps related to increasing local food availability in the state, including analysis of:the intrastate food supply chain;crop production and optimization;the agricultural workforce;the capital funding of local food production; andfederal and state regulatory burdens on local food production.The department shall seek input from a wide range of stakeholders for the study described in Subsection (2)(a), including a diverse group of the state’s agricultural producers based on geography, operation size. and operation type.
(3) The study described in Subsection (2) shall:research the production costs and economic impacts for agricultural operators to:voluntarily seek to implement or explore various crop types, including the production costs to, and economic impacts on, agricultural operators that seek out assistance to incorporate new traditional or alternative crop types into an existing operation; andmaintain, modernize, and upgrade equipment;research the barriers to entry associated with careers in agriculture by reviewing:existing challenges;available career development and hiring resources;programs in other states that support individuals interested in pursuing careers in agriculture;opportunities for new agricultural producers to use the expertise and capital of existing agricultural producers; andthe potential for creating a small farm incubator program;research gaps in the state’s food supply chain with respect to local food, including:aggregation;distribution;storage; andprocessing; andpropose potential funding solutions to address the issues identified by the department’s research under this Subsection (3), including recommendations for:potential grant programs;potential investment by private capital; andavailable funding from state and federal sources.
(4) The department shall report to the Natural Resources, Agriculture, and Environment Interim Committee at or before the committee’s June 2026 interim meeting.The report described in Subsection (4)(a) shall include:research findings related to each study item described in Subsection (3); andpolicy solutions related to each study item described in Subsection (3).The report described in Subsection (4)(a) may include recommendations for legislation and legislative appropriations.
Enacted by Chapter 278, 2025 General Session