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H.B. 216
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AGRICULTURE ACT AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Evan L. Olsen
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AN ACT RELATING TO THE UTAH AGRICULTURAL CODE; DEFINING DIETARY
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SUPPLEMENT; EXPANDING THE MEMBERSHIP OF THE AGRICULTURAL ADVISORY
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BOARD TO INCLUDE A REPRESENTATIVE OF MANUFACTURERS OF DIETARY
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SUPPLEMENTS; AND DIRECTING THE COMMISSIONER OF AGRICULTURE AND FOOD
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TO APPOINT THE MEMBERS OF THE AGRICULTURAL ADVISORY BOARD.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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4-1-8, as last amended by Chapters 82 and 302, Laws of Utah 1997
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4-2-7, as last amended by Chapter 243, Laws of Utah 1996
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
4-1-8
is amended to read:
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4-1-8. General definitions.
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Subject to additional definitions contained in the chapters of this title which are applicable
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to specific chapters, as used in this title:
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(1) "Agriculture" means the science and art of the production of plants and animals useful
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to man including the preparation of plants and animals for human use and disposal by marketing
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or otherwise.
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(2) "Agricultural product" or "product of agriculture" means any product which is derived
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from agriculture, including any product derived from aquaculture as defined in Section
4-37-103
.
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(3) "Commissioner" means the commissioner of agriculture and food.
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(4) "Department" means the Department of Agriculture and Food created under Title 4,
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Chapter 2.
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(5) "Dietary supplement" has the meaning defined in the Federal Food, Drug, and
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Cosmetic Act, 21 U.S.C. Sec. 301 et seq.
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[(5)] (6) "Livestock" means cattle, sheep, goats, swine, horses, mules, poultry,
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domesticated elk as defined in Section
4-39-102
, or any other domestic animal or domestic
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furbearer raised or kept for profit.
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[(6)] (7) "Organization" means a corporation, government or governmental subdivision
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or agency, business trust, estate, trust, partnership, association, two or more persons having a joint
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or common interest, or any other legal entity.
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[(7)] (8) "Person" means a natural person or individual, corporation, organization, or other
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legal entity.
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Section 2.
Section
4-2-7
is amended to read:
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4-2-7. Agricultural Advisory Board created -- Composition -- Responsibility -- Terms
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of office -- Compensation.
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(1) There is created [an] the Agricultural Advisory Board composed of [11] 12 members
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representing each of the following:
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(a) Utah Farm Bureau Federation;
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(b) Utah Farmers Union;
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(c) Utah Cattlemen's Association;
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(d) Utah Wool Growers' Association;
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(e) Utah Dairymen's Association;
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(f) Utah Veterinary Medical Association;
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(g) Livestock Auction Marketing Association;
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(h) Utah Association of Conservation Districts;
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(i) the Utah horse industry;
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(j) the food processing industry; [and]
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(k) manufacturers of food supplements; and
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[(k)] (l) a consumer affairs group.
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(2) The Agricultural Advisory Board shall advise the commissioner regarding the
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planning, implementation, and administration of the department's programs.
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(3) (a) Except as required by Subsection (3)(c), members are appointed by the
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commissioner to four-year terms of office.
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(b) Representatives of the organizations cited in Subsections (1)(a) through (1)(h) shall
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be appointed to the Agricultural Advisory Board by the [governor] commissioner from a list of
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nominees submitted by each organization.
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[(b) Representatives of the groups cited in Subsections (1)(i) through (1)(k) shall be
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appointed to the Agricultural Advisory Board by the governor from a list of nominees submitted
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by the commissioner.]
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[(4) (a) Except as required by Subsection (b), members are appointed to four-year terms
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of office.]
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[(b)] (c) Notwithstanding the requirements of Subsection (3)(a), the [governor]
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commissioner shall, at the time of appointment or reappointment, adjust the length of terms to
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ensure that the terms of board members are staggered so that approximately half of the board is
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appointed every two years.
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[(c)] (d) Members may be removed at the discretion of the [governor] commissioner upon
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the request of the group they represent.
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[(5)] (e) When a vacancy occurs in the membership for any reason, the replacement shall
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be appointed for the unexpired term.
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[(6)] (4) The board shall elect one member to serve as chair of the Agricultural Advisory
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Board for a term of one year.
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[(7)] (5) (a) The board shall meet four times annually, but may meet more often at the
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discretion of the chair.
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(b) Attendance of [six] seven members at a duly called meeting constitutes a quorum for
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the transaction of official business.
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[(8)] (6) (a) Members shall receive no compensation or benefits for their services, but may
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receive per diem and expenses incurred in the performance of the member's official duties at the
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rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
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(b) Members may decline to receive per diem and expenses for their service.
Legislative Review Note
as of 1-3-00 1:55 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.