4-21 - Beef Promotion
Title 4 > 4-21
Sections (13)
Organization
4-21-101 - Title.
This chapter is known as “Beef Promotion.”
Enacted by Chapter 393, 2018 General Session
4-21-102 - Definitions.
As used in this chapter:
(1) “Council” means the Utah Beef Council created in Section 4-21-103.
(2) “Department” means the Utah Department of Agriculture and Food created in Section 4-2-102.
(3) “Marketing agency” means a person who acts as an agent of the seller in the sale of cattle in that the person issues payment to the seller and is entitled to a commission based upon the sale.
(4) “Producer” means a person who owns and raises or owns and feeds cattle.
(5) “Purchaser” means a person who buys cattle.
(6) “Seller” means a person who offers cattle for sale.
Renumbered and Amended by Chapter 393, 2018 General Session
4-21-103 - Utah Beef Council created — Composition — Nomination and selection of appointed members — Terms of appointed members — Qualifications for nomination.
(1) There is created an independent state agency known as the Utah Beef Council.
(2) The Utah Beef Council consists of 10 members as follows: the commissioner of the Utah Department of Agriculture and Food, or the commissioner’s designee;the president of the Utah Cattlemen’s Association;the vice president of the Utah Cattlemen’s Association;a member of the Utah Cattlemen’s Association board of directors, chosen by the Utah Cattlemen’s Association;the appointee from Utah on the national beef checkoff Cattlemen’s Beef Promotion and Research Board, appointed by the United States Secretary of Agriculture;the president of the Utah Cattlewomen’s Association;a member of the Utah Dairy Commission, chosen by the Utah Dairy Commission; andthree at-large producers from the state of Utah, appointed as described in Subsection (4).
(3) In addition to the members listed in Subsection (2), the council may appoint nonvoting members.
(4) At-large candidates for appointment to the council shall be nominated by a formal written request signed by two or more producers and submitted to the council no later than October 1.A membership committee, consisting of the commissioner or the commissioner’s designee, the council member representing the Utah Dairy Commission, and the president of the Utah Cattlemen’s Association shall:select candidates for appointment to the council from the nominees submitted by producers; andpresent the candidates to the governor for review and appointment on or before December 1.
(5) The governor shall appoint the at-large members to three-year terms beginning on January 1 of the year following appointment to the council.Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of at-large members are staggered so that one at-large member is appointed each year.
(6) Each at-large member shall be: a citizen of the United States;18 years of age or older;an active producer; anda resident of Utah.
Enacted by Chapter 393, 2018 General Session
4-21-104 - Council — Organization — Quorum to transact business — Removal for cause — Vacancies — Ineligibility to serve — Compensation.
(1) The council members shall elect a chair, vice chair, and secretary annually from the voting members of the council.At least two of the members elected pursuant to Subsection (1)(a) shall be members listed in Subsection 4-21-103(2)(a), (e), or (h).
(2) A majority of voting members shall constitute a quorum.A majority vote of the quorum is necessary for the council to act.
(3) The council shall meet: at the time and place designated by the chair; andno less than once every three months.
(4) The commissioner, or the commissioner’s designee, may, in consultation with the other members of the membership committee, remove a member for cause.
(5) Vacancies that occur on the council for any reason shall be filled by appointment for the unexpired term of the vacated member.
(6) If an at-large member ceases to act as a producer during the member’s term, the member shall resign from the council within 30 days after ceasing production.
(7) Subject to Subsection (8), 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.
(8) A nonvoting member may not receive compensation or benefits for the member’s service and may not receive per diem or travel expenses.
Enacted by Chapter 393, 2018 General Session
4-21-105 - Council powers, duties, and functions — Reporting requirements.
(1) The council has the following powers, duties, and functions: hire and fix the salary of an administrator and staff, who may not be members of the council, to administer the policies adopted and perform the duties assigned by the council;promote the beef industry of the state;encourage local, national, and international use of Utah beef, through advertising or otherwise;investigate and participate in studies of problems unique to Utah producers;take actions consistent with this chapter to promote, protect, and stabilize the state’s beef industry;enter into contracts and incur indebtedness in furtherance of the council’s business activities;cooperate with local, state, or national organizations engaged in activities similar to those of the council;accept grants, donations, or gifts for use consistent with this chapter; anddo other things necessary for the efficient and effective management and operation of the council’s business.
(2) The council shall: submit the council’s proposed budget and an end-of-year audited financial statement to the department and the Office of the State Auditor within 180 days of the end of each fiscal year;provide the department, on an annual basis, with a detailed outline of the council’s plans for future publications and messaging; andreport, by October 1 of each year, to the Retirement and Independent Entities Interim Committee on the operations and activities of the council.
Enacted by Chapter 393, 2018 General Session
4-21-106 - Exemption from certain operational requirements.
(1) The council is exempt from: Title 51, Chapter 5, Funds Consolidation Act;Title 63A, Utah Government Operations Code;Title 63G, Chapter 6a, Utah Procurement Code, but the council shall adopt procedures to ensure that the council makes purchases:in a manner that provides for fair competition between providers; andat competitive prices;Title 63J, Chapter 1, Budgetary Procedures Act; andTitle 63A, Chapter 17, Utah State Personnel Management Act.
(2) The council is subject to: Title 51, Chapter 7, State Money Management Act;Title 52, Chapter 4, Open and Public Meetings Act;Section 67-3-12;Title 63G, Chapter 2, Government Records Access and Management Act;other Utah Code provisions not specifically exempted under Subsection 4-21-106(1); andaudit by the state auditor pursuant to Title 67, Chapter 3, Auditor, and by the legislative auditor pursuant to Section 36-12-15.
Amended by Chapter 84, 2021 General Session
4-21-107 - Council may require crime insurance — Payment of premium.
(1) The council may require the administrator or a council employee to obtain crime insurance in relation to the administrator’s or employee’s duties.
(2) The council shall set the amount of crime insurance required and pay the premium.
Amended by Chapter 76, 2025 General Session
Revenue
4-21-201 - Beef promotion fee — Deposit of revenue.
(1) The department shall collect a fee established as required by Subsection (2) on all fee brand inspected cattle upon change of ownership or slaughter in an amount not more than $1 or less than 25 cents.The fee is collected by the local brand inspector at the time of inspection of cattle, or deducted and collected by the marketing agency or the purchaser.All revenue collected under this section shall be paid to the department, which shall deposit the revenue in a fund that is hereby created and is known as the “Beef Promotion Fund.”
(2) Any fee currently assessed by the department continues in effect until modified by the department under Subsection (1).
(3) The fee assessed under this section is in addition to the amount of any assessment required to be paid pursuant to the Beef Promotion and Research Act of 1985, 7 U.S.C. Sec. 2901 et seq.
Renumbered and Amended by Chapter 393, 2018 General Session
4-21-202 - Refund of fees allowed — Claim for refund to be filed with department — Payment of refunds.
(1) A person who objects to payment of the assessed fee may file a claim with the department within 60 days after the fee is collected.
(2) A claim for refund is not allowed if it is filed more than 60 days after the date the fee is collected.
(3) Each claim for a refund shall be certified by the department to the state treasurer for payment from the beef promotion account, subject to applicable provisions of the Beef Promotion and Research Act of 1985, 7 U.S.C. Sec. 2901 et seq.
Renumbered and Amended by Chapter 393, 2018 General Session
4-21-203 - Revenue from fees to be used to promote beef industry — Payment of revenue monthly to Utah Beef Council — Deduction of costs of administration and processing funds — Annual audit of books, records, and accounts — Financial statement of audit published.
(1) All revenue derived from the collection of fees authorized by this chapter shall be paid to the council and used to promote the beef industry of the state.The revenue shall be paid monthly, as requested by the council, and the actual costs of administration for processing the funds shall be deducted before disbursing the funds.
(2) The books, records, and accounts of the council shall be audited at least once annually by a licensed accountant approved by the Office of the State Auditor.The results of the audit shall be submitted to the commissioner, and a financial statement of the audit and a general statement of operations and promotional and advertising activities shall be published by the council in a major livestock publication having general circulation in Utah.
(3) The books, records, and accounts of the council’s activities are public records.
Renumbered and Amended by Chapter 393, 2018 General Session
Liability and Enforcement
4-21-301 - State disclaimer of liability.
The state is not liable for the acts or omissions of the council, council officers, agents, or employees.
Enacted by Chapter 393, 2018 General Session
4-21-302 - Council not eligible for coverage under Risk Management Fund.
The council is not eligible to receive coverage under the Risk Management Fund created by Section 63A-4-201 .
Enacted by Chapter 393, 2018 General Session
4-21-303 - Representation by the attorney general.
(1) The attorney general is not the legal advisor for the council and has no obligation to defend the council or the council’s members in an action or proceeding brought against the council.
(2) The attorney general may choose, at its sole discretion, to represent the council or its members if requested to do so and pursuant to reimbursement by contract.
Enacted by Chapter 393, 2018 General Session