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This document includes House Floor Amendments incorporated into the bill on Tue, Feb 18, 2003 at 4:15 PM by kholt. --> 1
5 Eli H. Anderson
6 Glenn A. DonnelsonJames R. Gowans
Darin G. PetersonPeggy Wallace 7 This act modifies the Agricultural Product Dealer's Act by requiring the issuance of a
8 Product of Agriculture Receipt to a producer by a dealer who receives a product of
9 agriculture for sale, storage, or consignment from the producer.
10 This act affects sections of Utah Code Annotated 1953 as follows:
12 4-7-3, as last amended by Chapter 298, Laws of Utah 1999
13 4-7-9, as last amended by Chapter 25, Laws of Utah 1990
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 4-7-3 is amended to read:
16 4-7-3. Definitions.
17 As used in this chapter:
18 (1) "Agent" or "broker" means any person who, on behalf of a dealer, purchaser, or
19 livestock market, as defined in Section 4-30-1 , solicits or negotiates the consignment or
20 purchase of any product of agriculture.
21 (2) "Consignor" means any person who ships or delivers any product of agriculture to a
22 dealer for storage, handling, or sale.
23 (3) (a) "Dealer" means any person who:
24 (i) receives any product of agriculture from any person for sale or storage on
25 commission; and
26 (ii) is entrusted with the possession, management, control, or disposal of any product
27 of agriculture for the account of that person.
28 (b) "Dealer" includes a livestock dealer.
29 (c) "Dealer" includes a person who owns or leases a warehouse.
30 (4) (a) "Immediate resale" means the resale of livestock within 60 days of purchase.
31 (b) "Immediate resale" does not include the resale of livestock culled within 60 days
32 that were purchased for feeding or replacement.
33 (5) "Livestock" means cattle, swine, equines, sheep, camelidae, ratites, bison, and
34 domesticated elk as defined in Section 4-39-102 .
35 (6) "Livestock dealer" means a person engaged in the business of purchasing livestock
36 for immediate resale or interstate shipment for immediate resale.
37 (7) "Producer" means any person who is primarily engaged in the business of raising
38 any product of agriculture for profit.
39 (8) "Product of agriculture" means any product useful to the human species which
40 results from the application of the science and art of the production of plants and animals.
41 (9) "Product of Agriculture Receipt" means a formal document issued by a dealer for
42 any product of agriculture in accordance with Section 4-7-9 . The receipt is a fungible
43 certificate of title and claim for the product of agriculture and may be used as h [
43a OWNERSHIP FOR h collateral.
44 (10) "Warehouse" means every building, structure, yard, or other protected enclosure in
45 which any product of agriculture is or may be stored. h IT DOES NOT INCLUDE RETAIL STORES,
45a EXCEPT THOSE THAT BUY DIRECTLY FROM A PRODUCER. h
46 Section 2. Section 4-7-9 is amended to read:
47 4-7-9. Dealers -- Records mandated -- Product of Agriculture Receipt -- Records
48 subject to inspection.
49 (1) Each dealer who receives any product of agriculture for sale, storage, or
50 consignment shall promptly record:
51 (a) the name and address of the consignor;
52 (b) the date received;
53 (c) the condition and quantity upon arrival;
54 (d) the date of sale for account of the producer-consignor;
55 (e) the sale price;
56 (f) an itemized statement of the charges to be paid by the producer-consignor;
57 (g) the lot number or other means used for identification of the product;
58 (h) the nature and amount of any claims the dealer has against third persons for
59 overcharges or damages; and
60 (i) if the dealer has a direct or indirect financial interest in the business of the
61 purchaser, or, if the purchaser has a similar financial interest in the business of the dealer, the
62 name and address of the purchaser.
63 (2) (a) The dealer shall provide a copy of the Product of Agriculture Receipt to the
64 producer immediately upon delivery of the product.
64a h (b) DEALERS WHO ISSUE PRODUCT OF AGRICULTURE RECEIPTS TO PRODUCERS SHALL
64b PLAINLY CANCEL UPON THE FACE OF THE RECEIPTS EACH RECEIPT RETURNED TO THE DEALER
64d (i) THE DELIVERY BY THE DEALER OF THE PRODUCT OF AGRICULTURE FOR WHICH THE
64e RECEIPT WAS ISSUED; OR
64f (ii) PAYMENT BY THE DEALER FOR THE RECEIPTED PRODUCT. h
65 h [
66 following the date of consignment and shall be available during business hours for inspection
67 by the department.
Legislative Review Note
as of 11-20-02 4:26 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
Interim Committee Note
as of 12-12-02 3:36 PM
The Natural Resources, Agriculture, and Environment Interim Committee recommended this
Mixed Membership Committee Note
as of 12-12-02 3:36 PM
The Agricultural Sustainability Task Force recommended this bill.
Membership: 12 legislators 9 non-legislators
Legislative Vote: 9 voting for 0 voting against 3 absent
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