Title 4 — Utah Agricultural Code

title-4Utah Code tit. 4CodeJan 1, 1900

Title 4 Utah Agricultural Code

Chapter 1 General Provisions

§ 4-1-102 Construction.
§ 4-1-103 Principles of law and equity applicable.
§ 4-1-104 Procedures -- Adjudicative proceedings.
§ 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.
§ 4-1-106 Suspension or revocation of license or registration -- Judicial review -- Attorney general to represent department.
§ 4-1-107 Fees and late charges.
§ 4-1-108 Severability clause.
§ 4-1-109 General definitions.
§ 4-1-110 Growing or storing food for personal or family use.
§ 4-1-111 Exemptions from licensure.
§ 4-1-112 License by endorsement.

Chapter 2 Administration

Part 1 Organization

§ 4-2-102 Department created.
§ 4-2-103 Functions, powers, and duties of department -- Fees for services -- Marketing orders -- Procedure -- Purchasing and auditing.
§ 4-2-104 Administration by commissioner.
§ 4-2-105 Organization of divisions within department.
§ 4-2-106 Submission of department's budget.
§ 4-2-107 Official seal -- Authentication of records.
§ 4-2-108 Agricultural Advisory Board created -- Composition -- Responsibility -- Terms of office -- Compensation -- Executive committee.
§ 4-2-109 Temporary advisory committees -- Appointment -- Compensation.

Part 2 State Chemist

§ 4-2-201 Appointment of the state chemist.
§ 4-2-202 State chemist responsibilities.
§ 4-2-203 Department of Agriculture and Food Laboratory Equipment Fund.

Part 3 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.
§ 4-2-302 Notice of violation -- Order for corrective action.
§ 4-2-303 Violations unlawful.
§ 4-2-304 Civil and criminal penalties -- Costs -- Civil liability.
§ 4-2-305 Preemption.

Part 4 State Veterinarian

§ 4-2-401 Appointment.
§ 4-2-402 State veterinarian responsibilities.

Part 5 Horse Tripping Awareness

§ 4-2-502 Definitions.
§ 4-2-503 Event reporting requirements.

Part 7 Pollinator Pilot Program

§ 4-2-701 Pollinator habitat program.

Part 8 Cosmetics

§ 4-2-801 Good manufacturing practices for cosmetics.

Part 9 Veterinarian Education Loan Repayment Program

§ 4-2-901 Definitions.
§ 4-2-902 Veterinarian Education Loan Repayment Program.
§ 4-2-903 Animal care violations.

Part 10 Agritourism Registry

§ 4-2-1001 Definitions.
§ 4-2-1002 Agritourism registry.

Chapter 3 Utah Dairy Act

Part 1 Organization

§ 4-3-102 Definitions.

Part 2 Rules and Regulations

§ 4-3-201 Authority to make and enforce rules.
§ 4-3-202 Authority in local jurisdictions to regulate dairy products -- Department standards to govern -- Department evaluation permitted -- Local notice to cease inspection.
§ 4-3-203 Authority to inspect premises.
§ 4-3-204 Authority to collect samples -- Receipt -- Names of distributors.
§ 4-3-205 Condemnation, embargo, denaturization of unfit milk or dairy products -- Unfit equipment.
§ 4-3-206 Testing and measuring milk -- Standards prescribed -- Milk quality work in accordance with rules.

Part 3 Licensing Permits

§ 4-3-301 Permits or certificates -- Application -- Fee -- Expiration -- Renewal.
§ 4-3-302 Permits and certificates -- Suspension or revocation -- Grounds.

Part 4 Unlawful Acts

§ 4-3-401 Unlawful acts specified.
§ 4-3-402 Processors, manufacturers, or distributors -- Unlawful to give money, equipment, or fixtures to retailer or consumer -- Exceptions -- Shelf space for dairy products.
§ 4-3-403 Injunctions -- Bond not required -- Standing to maintain private action -- Damages authorized.

Part 5 Special Programs

§ 4-3-501 Cow share program notification.
§ 4-3-502 Exemption.

Part 6 Raw Milk

§ 4-3-601 Definitions.
§ 4-3-602 General operational requirements.
§ 4-3-603 Prohibited counts -- Pathogens.
§ 4-3-604 Labeling.
§ 4-3-605 Suspension of permit.
§ 4-3-606 Foodborne illness outbreak -- Cease and desist.
§ 4-3-607 Department rulemaking -- Fees -- Penalties and enforcement.
§ 4-3-608 Exemption for sales and deliveries from farm.
§ 4-3-609 Exemption for small producers.
§ 4-3-610 Severability.

Chapter 4 Eggs

§ 4-4-102 Department to establish egg grades and standards -- Authority to make and enforce rules.
§ 4-4-103 Definitions.
§ 4-4-104 Unlawful acts specified.
§ 4-4-105 Maintenance of candling records -- Inspection of records.
§ 4-4-106 Retailers exempt from prosecution -- Conditions for exemption.
§ 4-4-107 Exemptions from regulation.
§ 4-4-108 Packaging for small producer -- Display in grocery store.

Chapter 4a Confinement of Egg-laying Hens

§ 4-4a-102 Definitions.
§ 4-4a-103 Prohibitions.
§ 4-4a-104 Confinement exemptions.
§ 4-4a-105 De minimis exemptions for shell eggs.
§ 4-4a-106 Enforcement.
§ 4-4a-107 Report.

Chapter 5 Utah Wholesome Food Act

Part 1 Administration

§ 4-5-102 Definitions.
§ 4-5-103 Adulterated food specified.
§ 4-5-104 Authority to make and enforce rules.
§ 4-5-105 Inspection of premises and records -- Authority to take samples -- Inspection results reported.
§ 4-5-106 Publication of reports and information.
§ 4-5-107 Food containing vaccine.

Part 2 Labels and Regulations

§ 4-5-201 Labeling requirements -- Misbranded food specified.
§ 4-5-202 Adulterated or misbranded articles -- Tagging -- Detention or embargo -- Court proceedings for condemnation -- Perishable food.
§ 4-5-203 Food processed, labeled, or repacked at another location -- Exemption from labeling requirements by rule.
§ 4-5-204 Substances considered unsafe -- Authority in department to regulate quantity and use.
§ 4-5-205 Consumer commodities -- Labeling and packaging.
§ 4-5-206 Food advertisement false or misleading.
§ 4-5-207 Definitions and standards of identity, quality, and fill of container -- Rules -- Temporary and special permits.

Part 3 Registration and Inspection

§ 4-5-301 Registration of food establishments -- Fee -- Suspension and reinstatement of registration -- Inspection for compliance.

Part 4 Enforcement

§ 4-5-401 Unlawful acts specified.
§ 4-5-402 Defenses.

Part 5 Special Programs

§ 4-5-501 Cottage food operations.
§ 4-5-502 Food designated as raw honey.

Chapter 5a Home Consumption and Homemade Food Act

§ 4-5a-102 Definitions.
§ 4-5a-103 Regulation of a direct-to-sale farmers market.
§ 4-5a-104 Home producer direct sales -- Exempt from regulation.
§ 4-5a-105 Limitations.

Chapter 7 Livestock Dealers' Act

Part 1 General Provisions

§ 4-7-102 Purpose declaration.
§ 4-7-103 Definitions.
§ 4-7-104 Unlawful to act as an agent or dealer without license -- Exception.
§ 4-7-105 Exemptions.
§ 4-7-106 Licenses -- Applications.
§ 4-7-107 Issuance of dealer and agent licenses -- Fees -- Deposit of bond or trust agreement -- Renewal -- Refusal to issue or renew license.
§ 4-7-108 Applicant for dealer's license to post security -- Increase in amount of security posted -- Action on security authorized -- Duties of commissioner -- Option to require posting new security if action filed -- Effect of failure to post new security -- Commissioner's authority to call bond if not renewed.
§ 4-7-109 Dealers -- Records mandated -- Records subject to inspection.
§ 4-7-110 Livestock purchases.

Part 2 Enforcement, Penalties, and Prohibitions

§ 4-7-201 Department authority -- Examination and investigation of transactions -- Notice of agency action upon probable cause -- Settlement of disputes -- Cease and desist order -- Enforcement -- Review.
§ 4-7-202 Sale of livestock -- Prima facie evidence of fraud.
§ 4-7-203 Suspension or revocation -- Grounds -- Notice to producers.
§ 4-7-204 Suspension of license -- Opportunity for hearing.
§ 4-7-205 Prohibited acts.

Chapter 8 Agricultural Fair Trade Act

§ 4-8-102 Purpose declaration.
§ 4-8-103 Definition.
§ 4-8-104 Department functions, powers, and duties.
§ 4-8-105 Unlawful acts specified.
§ 4-8-106 Procedure for enforcement -- Notice of agency action -- Cease and desist order -- Enforcement -- Judicial review.
§ 4-8-107 Defense to claim of illegal activity.

Chapter 9 Weights and Measures

§ 4-9-102 Definitions.
§ 4-9-103 Authority to make rules.
§ 4-9-104 Weights and measures -- Systems used -- Basic units, tables, and equivalents as published by National Institute of Standards and Technology.
§ 4-9-105 Weights and measures -- Primary state standards -- Secondary state standards -- Verification.
§ 4-9-106 Weights and measures -- Specifications, tolerances, and technical data published in National Institute of Standards and Technology Handbook govern.
§ 4-9-107 Adopting uniform packaging and labeling regulation.
§ 4-9-108 Adopting uniform regulation for the method of sale of commodities.
§ 4-9-109 Adopting uniform regulation for the voluntary registration of servicepersons and service agencies for commercial weighing and measuring devices.
§ 4-9-110 Department duties -- Seizure of incorrect weights and measures.
§ 4-9-111 Enforcement powers of department -- Penalties.
§ 4-9-112 Sale of commodities in liquid form -- Sale of commodities in nonliquid form -- Requirements.
§ 4-9-113 Bulk sales -- Information furnished to purchaser.
§ 4-9-114 Packaged commodity sales -- Labeling information specified -- When price per single unit of weight to be displayed.
§ 4-9-115 Advertisement of packaged commodity sales -- Requirements.
§ 4-9-116 Unlawful acts specified.
§ 4-9-117 Weighing and measuring devices -- Presumption.
§ 4-9-118 Registration of commercial establishments using weights and measures.
§ 4-9-119 Weights and Measures Fund.

Chapter 10 Bedding, Upholstered Furniture, and Quilted Clothing Inspection Act

§ 4-10-102 Definitions.
§ 4-10-103 Authority to make and enforce rules.
§ 4-10-104 Manufacture, repair, or wholesale sale of bedding, upholstered furniture, quilted clothing, or filling material -- Permit required.
§ 4-10-105 Registration -- Permit -- Fees -- Expiration -- Renewal.
§ 4-10-106 Unlawful acts specified.
§ 4-10-107 Tagging requirements for bedding, upholstered furniture, and filling material.
§ 4-10-108 Seller's representation of a used mattress -- Bedding records required.
§ 4-10-109 Use of rubber stamp or stencil authorized -- Conditions for use.
§ 4-10-110 Sale of bedding, upholstered furniture, quilted clothing, or filling material -- Tag, stamp, or stencil required -- Secondhand material to bear tag -- Presumption -- Owner's own material to be tagged.
§ 4-10-111 Enforcement -- Inspection authorized -- Samples -- Reimbursement for samples -- Warrants.
§ 4-10-112 Stop sale, use, or removal order authorized -- Conditions for release specified -- Condemnation or seizure -- Procedure specified -- Award of costs authorized.
§ 4-10-113 Sterilization of filling material.
§ 4-10-114 Use of reclaimed or recycled material.

Chapter 11 Utah Bee Inspection Act

§ 4-11-102 Definitions.
§ 4-11-103 Department authorized to make and enforce rules.
§ 4-11-104 Bee raising -- Registration required -- Application -- Fees -- Renewal -- License required -- Application -- Fees -- Renewal.
§ 4-11-105 County bee inspector -- Appointment -- Termination -- Compensation.
§ 4-11-106 Hives to have removable frames -- Consent of county bee inspector to sell or transport diseased bees.
§ 4-11-107 Inspector -- Duties -- Diseased apiaries -- Examination of diseased bees by department -- Election to transport bees to wax-salvage plant.
§ 4-11-108 County bee inspector -- Disinfection required before leaving apiary with diseased bees.
§ 4-11-109 Inspection of apiaries where queen bees raised for sale -- Honey from apiaries where queen bees raised for sale not to be used for candy for mailing cages unless boiled.
§ 4-11-110 Enforcement -- Inspections authorized -- Warrants.
§ 4-11-111 Importation of bees or appliances into state -- Certification required -- Inspection discretionary -- Authority to require destruction or removal of diseased bees and appliances.
§ 4-11-112 Quarantine authorized.
§ 4-11-113 Unlawful acts specified.
§ 4-11-114 Maintenance of abandoned apiary, equipment, or appliance -- Nuisance.
§ 4-11-115 Maintaining gentle stock.
§ 4-11-116 Regulation of beekeeping reserved to state -- Exceptions -- Rulemaking authorized.

Chapter 12 Utah Commercial Feed Act

§ 4-12-102 Definitions.
§ 4-12-103 Department authorized to make and enforce rules -- Cooperation with state and federal agencies authorized.
§ 4-12-104 Distribution of commercial and customer-formula feed -- Registration or license required -- Application -- Fees -- Expiration -- Renewal.
§ 4-12-105 Labeling requirements for commercial and customer-formula feed specified.
§ 4-12-105.5 Labeling and registration requirements for home-produced pet treats specified.
§ 4-12-106 Enforcement -- Inspection and samples authorized -- Methods for sampling and analysis prescribed -- Results to be forwarded to registrant or licensee -- Warrants.
§ 4-12-107 Suspension or revocation authorized -- Refusal to register or issue license authorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Costs.
§ 4-12-108 Unlawful acts specified.

Chapter 13 Utah Plant Food Act

§ 4-13-102 Definitions.
§ 4-13-103 Distribution of plant food -- Registration required -- Application -- Fees -- Expiration -- Renewal -- Exemptions specified -- Blenders and mixers.
§ 4-13-104 Labeling requirements for fertilizer and soil amendments specified.
§ 4-13-105 Enforcement -- Inspection and samples authorized -- Methods for sampling and analysis prescribed -- Warrants.
§ 4-13-106 Distribution of plant food not complying with labeling requirements prohibited -- Penalty assessed -- Court action to vacate or amend finding authorized -- Adulterated plant food.
§ 4-13-108 Denial, suspension, or revocation authorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Costs.
§ 4-13-109 Sales or exchanges of plant food between manufacturers, importers, or manipulators permitted.
§ 4-13-110 Department may make and enforce rules -- Cooperation with state and federal agencies authorized.

Chapter 14 Utah Pesticide Control Act

§ 4-14-102 Definitions.
§ 4-14-103 Registration required for distribution -- Application -- Fees -- Renewal -- Local needs registration -- Distributor or applicator license -- Fees -- Renewal.
§ 4-14-104 Labeling requirement for pesticides specified.
§ 4-14-105 Issuance of experimental use permits -- Application -- Terms and conditions for issuance.
§ 4-14-106 Department authorized to make and enforce rules.
§ 4-14-107 Enforcement -- Inspection and sampling authorized -- Notice of deficiency to be given registrant -- Objects of inspection delineated -- Warrants.
§ 4-14-108 Suspension or revocation -- Stop sale, use, or removal order authorized -- Court action -- Award of costs authorized -- Fines.
§ 4-14-109 Examination requirements for license to act as applicator may be waived through reciprocal agreement.
§ 4-14-110 Defenses.
§ 4-14-111 Registration required for a pesticide applicator business.
§ 4-14-112 Ornamental and turf technician -- Salesperson.

Chapter 15 The Utah Nursery Act

§ 4-15-102 Background and purpose.
§ 4-15-103 Definitions.
§ 4-15-104 Department authorized to make and enforce rules.
§ 4-15-105 Unlawful to offer nursery stock for sale or to solicit orders for nursery stock without license.
§ 4-15-106 License -- Application -- Fees -- Expiration -- Renewal.
§ 4-15-107 Nursery stock for wholesale or retail sale -- Graded and sized -- Labels and tags -- Information to appear on label or tag.
§ 4-15-108 Inspection -- Issuance of certificate -- Destruction of infested or diseased stock.
§ 4-15-109 Transport of out-of-state nursery stock to Utah -- Certificate of inspection to be filed with department by out-of-state nurseries -- Option in department to accept exchange list in lieu of certificate of inspection -- Imported stock to be tagged -- Treatment of stock not tagged.
§ 4-15-110 Nursery stock offered or advertised for sale -- Unlawful to misrepresent name, origin, grade, variety, quality, or vitality -- Information required in advertisements.
§ 4-15-111 Infested or diseased stock not to be offered for sale -- Identification of "nonestablished container stock" -- Requirements for container stock -- Inspected and certified stock only to be offered for sale -- Prohibition against coating aerial plant surfaces.
§ 4-15-112 Enforcement -- Inspection -- Stop sale order -- Procedure -- Warrants.
§ 4-15-113 Suspension or revocation -- Grounds -- Notice and hearing.
§ 4-15-114 Compliance agreements.

Chapter 16 Utah Seed Act

Part 1 Organization

§ 4-16-102 Definitions.
§ 4-16-103 Department authorized to make and enforce rules -- Cooperation with state and federal agencies authorized.

Part 2 Regulations

§ 4-16-201 Labeling requirements.
§ 4-16-202 Distribution of seeds -- Germination tests required -- Date to appear on label -- Seed to be free of noxious weed seed -- Special requirements for treated seeds -- Prohibitions.
§ 4-16-203 Inspection -- Samples -- Analysis -- Seed testing facilities to be maintained -- Rules to control offensive seeds -- Notice of offending seeds -- Warrants.

Part 3 Enforcement

§ 4-16-301 Enforcement -- Stop sale, use, or removal authorized -- Court action -- Procedures -- Costs.
§ 4-16-302 False or misleading advertising with respect to seed quality prohibited.
§ 4-16-303 Distributors of seed to keep record of each lot of seed distributed.

Part 4 Testing

§ 4-16-401 Designation of official testing agency for certification of seed.

Part 5 Exemption

§ 4-16-501 Chapter does not apply to seed not intended for sowing, to seed at seed processing plant, or to seed transported or delivered for transportation in the ordinary course of business.

Chapter 17 Utah Noxious Weed Act

§ 4-17-102 Definitions.
§ 4-17-103 Commissioner -- Functions, powers, and duties.
§ 4-17-104 Creation of State Weed Committee -- Membership -- Powers and duties -- Expenses.
§ 4-17-105 County weed control board -- Appointment -- Composition -- Terms -- Removal -- Compensation.
§ 4-17-106 Commissioner may require county weed control board to justify failure to enforce provisions.
§ 4-17-107 County weed control board responsible for control of noxious weeds -- Cooperation with other county boards -- Authority to designate noxious weed -- Public hearing before removal of noxious weed from state list.
§ 4-17-108 Weed control supervisor -- Qualification -- Appointment -- Duties.
§ 4-17-109 Notice of noxious weeds to be published annually in county -- Notice to particular property owners to control noxious weeds -- Methods of prevention or control specified -- Failure to control noxious weeds considered public nuisance.
§ 4-17-110 Noxious weeds -- Failure to control after notice of nuisance -- Notice and hearing -- Control at county expense -- Owner liable for county costs -- Charges lien against property.
§ 4-17-111 Hearing before county weed control board -- Appeal of decision to the county legislative body -- Judicial review.
§ 4-17-112 Jurisdiction of state and local agencies to control weeds.
§ 4-17-113 County noxious weed control fund authorized.
§ 4-17-115 Cooperative agreements and grants to rehabilitate areas infested with or threatened by invasive species.

Chapter 18 Conservation Commission Act

Part 1 General Provisions

§ 4-18-102 Findings and declarations -- Duties.
§ 4-18-103 Definitions.
§ 4-18-104 Conservation Commission created -- Composition -- Appointment -- Terms -- Compensation -- Attorney general to provide legal assistance.
§ 4-18-105 Conservation Commission -- Functions and duties.
§ 4-18-106 Agriculture Resource Development Fund -- Contents -- Use of fund money -- Advisory board.
§ 4-18-108 Grants for environmental improvement projects -- Criteria for award -- Duties of commission.

Part 2 Salinity Offset Fund

§ 4-18-201 Definitions.
§ 4-18-202 Salinity Offset Fund.

Part 3 Utah Soil Health Program

§ 4-18-302 Definitions.
§ 4-18-303 Creates Utah Soil Health Program -- Program and purposes.
§ 4-18-304 Program development.
§ 4-18-305 Powers and duties.
§ 4-18-306 Soil Health Advisory Committee.
§ 4-18-307 Producer and landowner information - confidentiality.
§ 4-18-308 Reporting requirement.

Chapter 19 Rural Rehabilitation

§ 4-19-102 Department responsible for conduct and administration of rural rehabilitation program.
§ 4-19-103 Department authorized to approve and make grants and loans, acquire property, and lease or operate property.
§ 4-19-104 Loans -- Not to exceed period of 10 years -- Agricultural Advisory Board executive committee to approve loans and renewals, methods of payments, and interest rates -- Guidelines in fixing interest rates declared.
§ 4-19-105 Utah Rural Rehabilitation Fund.

Chapter 20 Rangeland Improvement Act

§ 4-20-102 Definitions.
§ 4-20-103 Utah Grazing Improvement Program Advisory Board -- Duties.
§ 4-20-104 Regional grazing advisory boards -- Duties.
§ 4-20-105 Rangeland Improvement Account -- Administered by department.
§ 4-20-106 Rangeland Improvement Account distribution.
§ 4-20-107 Audit of grazing districts -- State auditor to coordinate with Department of Interior in conduct of audit.
§ 4-20-108 Commissioner to supervise distribution of undistributed funds if United States alters or discontinues funding leaving funds or resources available.
§ 4-20-109 Promotion of multiple use of rangeland resources.

Chapter 21 Beef Promotion

Part 1 Organization

§ 4-21-102 Definitions.
§ 4-21-103 Utah Beef Council created -- Composition -- Nomination and selection of appointed members -- Terms of appointed members -- Qualifications for nomination.
§ 4-21-104 Council -- Organization -- Quorum to transact business -- Removal for cause -- Vacancies -- Ineligibility to serve -- Compensation.
§ 4-21-105 Council powers, duties, and functions -- Reporting requirements.
§ 4-21-106 Exemption from certain operational requirements.
§ 4-21-107 Council may require crime insurance -- Payment of premium.

Part 2 Revenue

§ 4-21-201 Beef promotion fee -- Deposit of revenue.
§ 4-21-202 Refund of fees allowed -- Claim for refund to be filed with department -- Payment of refunds.
§ 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.

Part 3 Liability and Enforcement

§ 4-21-301 State disclaimer of liability.
§ 4-21-302 Council not eligible for coverage under Risk Management Fund.
§ 4-21-303 Representation by the attorney general.

Chapter 22 Dairy Promotion

Part 1 Organization

§ 4-22-102 Definitions.
§ 4-22-103 Utah Dairy Commission created.
§ 4-22-104 Commission -- Organization -- Quorum to transact business -- Vacancies -- Ineligibility to serve -- Compensation.
§ 4-22-105 Commission to conduct elections -- Nomination of candidates -- Expenses of election paid by commission.
§ 4-22-106 Commission powers, duties, and functions.
§ 4-22-107 Exemption from certain operational requirements.
§ 4-22-108 Commission may require crime insurance -- Payment of premium.

Part 2 Assessment

§ 4-22-201 Assessment imposed on sale of milk or cream produced, sold, or contracted for sale in state -- Time of assessment -- Collection by dealer or producer-handler -- Penalty for delinquent payment or collection -- Statement to be given to producer.
§ 4-22-202 Revenue from assessment used to promote dairy industry -- Deposit of money -- Annual audit of books, records, and accounts -- Annual financial report to producers.
§ 4-22-203 Additional assessment for government liaison and industry relations programs -- Exemption from the assessment.

Part 3 Liability and Enforcement

§ 4-22-301 State disclaimer of liability.
§ 4-22-302 Commission not eligible for coverage under Risk Management Fund.
§ 4-22-303 Enforcement -- Inspection of books and records of dealer or producer-handler.

Chapter 23 Agricultural and Wildlife Damage Prevention Act

§ 4-23-102 Purpose declaration.
§ 4-23-103 Definitions.
§ 4-23-104 Agricultural and Wildlife Damage Prevention Board created -- Composition -- Appointment -- Terms -- Vacancies -- Compensation.
§ 4-23-105 Board responsibilities -- Damage prevention policy -- Rules -- Methods to control predators and depredating birds and animals.
§ 4-23-106 Department to issue licenses and permits -- Department to issue aircraft use permits -- Aerial hunting.
§ 4-23-107 Annual fees on sheep, goats, cattle, and turkeys -- Determination by board -- Collection methods.
§ 4-23-108 Agricultural and Wildlife Damage Prevention Account.
§ 4-23-109 Proceeds of sheep fee -- Refund of sheep fees -- Annual audit of books, records, and accounts.
§ 4-23-110 Applicability of chapter.
§ 4-23-111 Holding a raccoon or coyote in captivity prohibited -- Penalty.

Chapter 24 Utah Livestock Brand and Anti-Theft Act

Part 1 Administration and Board

§ 4-24-102 Definitions.
§ 4-24-103 Department authorized to make and enforce rules.
§ 4-24-104 Livestock Brand Board created -- Composition -- Terms -- Removal -- Quorum for transaction of business -- Compensation -- Duties.
§ 4-24-105 Commission to appoint supervisor for brand inspection -- Appointment subject to approval -- Salary.

Part 2 Brand

§ 4-24-201 Central Brand Registry -- Division of state into brand districts -- Identical or confusingly similar brands -- Publication of registered brands.
§ 4-24-202 Recordation of brand.
§ 4-24-203 Fees for recordation, transfer, renewal, and certified copies of brands.
§ 4-24-204 Effect of recorded brand -- Transfer -- Reservation of certain brands.
§ 4-24-205 Livestock on open range or outside enclosure to be branded -- Cattle upon transfer of ownership to be branded -- Exceptions.

Part 3 Inspections

§ 4-24-301 State may be divided into brand inspection districts -- Description filed with county clerk and sheriff.
§ 4-24-302 Certificate of brand inspection necessary to carry out change of ownership -- Exception.
§ 4-24-303 Livestock -- Verification of ownership through brand inspection -- Issuance of certificate of brand inspection -- Brand inspector may demand evidence of ownership -- Brand inspection of livestock seized by the federal government prohibited -- Exception.
§ 4-24-304 Brand inspection required before slaughter -- Exceptions.
§ 4-24-305 Transportation by air or rail -- Brand inspection required -- Application for brand inspection -- Time and place of inspection.
§ 4-24-306 Movement across state line -- Brand inspection required -- Exception -- Request for brand inspection -- Time and place of inspection.
§ 4-24-307 Transportation of sheep, cattle, horses, domesticated elk, or mules -- Brand certificate or other evidence of ownership required -- Moving domesticated elk intrastate -- Transit permit -- Contents.
§ 4-24-308 Brand inspection fees.
§ 4-24-309 Livestock emergency.

Part 4 Sale, Transfer, and Travel

§ 4-24-401 Hides and pelts -- Bill of sale to accompany purchase -- Purchaser to maintain records -- Hides and records examination and inspection.
§ 4-24-402 Livestock markets -- Records to be maintained -- Retention of records -- Schedule of fees and charges to be posted.
§ 4-24-403 Websites promoting the sale of livestock.
§ 4-24-404 Livestock sold at market to be brand inspected -- Proceeds of sale may be withheld -- Distribution of withheld proceeds -- Effect of receipt of proceeds by department -- Deposit of proceeds -- Use of proceeds if ownership not established.
§ 4-24-405 Travel permit in lieu of brand inspection certificate -- Fees.
§ 4-24-406 Lifetime permit in lieu of brand inspection certificate -- Fees -- Permit to accompany animal -- Transfer.

Part 5 Unlawful Acts and Penalties

§ 4-24-501 Utah Livestock Brand and Anti-Theft Account created -- Deposit of fees -- Purpose of expenditures.
§ 4-24-502 Unlawful acts specified -- Allegation concerning evidence of ownership relative to hides.
§ 4-24-503 Use of vehicle to transport stolen livestock prohibited -- Vehicle subject to seizure and sale -- Procedure for sale -- Defense.
§ 4-24-504 Enforcement -- Brand inspector's powers delineated.
§ 4-24-505 Commissioner authorized to cooperate with local governments, other states, or federal government in enforcement.
§ 4-24-506 Penalties.

Chapter 25 Estrays

Part 1 Organization

§ 4-25-102 Definitions.
§ 4-25-103 County responsibility for estrays -- Contracts with other local governments authorized.
§ 4-25-104 Department authorized to make and enforce rules.

Part 2 Management of Estrays

§ 4-25-201 Possession of estrays -- Determination and location of owner -- Sale -- Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from liability.
§ 4-25-202 Report of estrays -- Possession -- Relief from liability.
§ 4-25-203 Compensation for care of estrays -- Liability of county -- Notice required.
§ 4-25-204 County legislative body authorized to adopt fence ordinance -- Lawful fence to be specified by ordinance -- Dividing the county into divisions for different fencing regulations.
§ 4-25-205 Owner liable for trespass of animals -- Exception -- Intervention by county representative.
§ 4-25-206 Animals running at large -- Prohibition -- Limited exception.

Part 3 Swine

§ 4-25-301 Allowing swine to run at large -- Class B misdemeanor.
§ 4-25-302 Release of swine or feral swine for any purpose.
§ 4-25-303 Feral swine detrimental to state's interests -- Seizure, capture, or destruction of feral swine.

Part 4 Impounded Livestock

§ 4-25-401 Impounded livestock -- Determination and location of owner -- Sale -- Disposition of proceeds -- Notice -- Title of purchaser -- Immunity from liability.

Chapter 26 Enclosures and Fences

§ 4-26-101 Failure to close entrance to enclosure -- Class C misdemeanor -- Damages.
§ 4-26-102 Adjoining landowners -- Partition fences -- Contribution.
§ 4-26-103 Definitions -- Qualified landowners' and qualified adjoining landowners' partition fences -- Contribution -- Civil action for damages.
§ 4-26-104 Fencing for bison.

Chapter 30 Livestock Markets

§ 4-30-102 Definitions.
§ 4-30-104 Department authorized to make and enforce rules.
§ 4-30-105 License required -- Application -- Fee -- Expiration -- Renewal.
§ 4-30-106 Hearing on license application -- Notice of hearing.
§ 4-30-107 Guidelines delineated for decision on application.
§ 4-30-108 Transfer of livestock market license permitted -- Conditions.
§ 4-30-109 Financial responsibility.
§ 4-30-110 Custodial accounts for trust funds.
§ 4-30-111 Weighman license required -- Application -- Fee -- Bond -- Expiration -- Renewal.
§ 4-30-112 Suspension or revocation of license -- Grounds.

Chapter 31 Control of Animal Disease

§ 4-31-102 Dead domestic animals -- Duty of owner to bury or otherwise dispose-- Liability for costs.
§ 4-31-103 Dead animals -- Deposit on another's land prohibited.
§ 4-31-104 Penalty.
§ 4-31-105 Outbreak of contagious or infectious disease -- Assistance of federal authorities.
§ 4-31-106 Epidemic of contagious or infectious disease -- Condemnation or destruction of infected or exposed livestock -- Destruction of other property.
§ 4-31-107 Value determination before destruction.
§ 4-31-108 Euthanasia for postmortem examination.
§ 4-31-109 Department authorized to make and enforce rules concerning brucellosis, trichomoniasis, tuberculosis, and other infectious diseases in livestock.
§ 4-31-109.1 Trichomoniasis fines.
§ 4-31-111 Imported animals -- Health certificate.
§ 4-31-113 Restrictions on movement of infected or exposed animals.
§ 4-31-114 Report of vesicular disease.
§ 4-31-115 Contagious or infectious disease, or any epidemic or poisoning -- Duties of department.
§ 4-31-116 Quarantine -- Peace officers to assist in maintenance of quarantine.
§ 4-31-118 Animal disease traceability.
§ 4-31-119 Disease control of poultry, waterfowl, and game-birds.

Chapter 32 Utah Meat and Poultry Products Inspection and Licensing Act

§ 4-32-102 Purpose declaration.
§ 4-32-103 Adoption of federal provisions.
§ 4-32-104 Emergency rules.
§ 4-32-105 Definitions.
§ 4-32-106 Meat establishment license -- Slaughtering livestock except in licensed meat establishment prohibited -- Exceptions -- Violation a misdemeanor.
§ 4-32-107 Meat establishment and farm custom slaughter licenses -- Application -- Fees -- Expiration -- Renewal.
§ 4-32-108 Duties of person who holds a farm custom slaughter license.
§ 4-32-109 Mandatory functions, powers, and duties of department prescribed.
§ 4-32-110 Discretionary functions, powers, and duties of commissioner prescribed.
§ 4-32-111 Additional powers of commissioner.
§ 4-32-112 Judicial review of orders enforcing chapter.
§ 4-32-113 Preparation and slaughter of livestock, poultry, or livestock and poultry products -- Adulterated or misbranded products -- Violation of rule or order.
§ 4-32-114 Unauthorized use or possession of official devices, labels, marks, or certificates -- False statements, misrepresentations, and trade secrets.
§ 4-32-115 Meat or poultry products to be marked or labeled -- Meat or poultry products not intended for human food -- Dead, dying, disabled, or diseased animals.
§ 4-32-116 Attempt to bribe state officer or employee -- Acceptance of bribe -- Interference with official duties -- Penalties.
§ 4-32-117 Inspection of products placed in containers -- Supervision of inspector -- Access to establishment.
§ 4-32-118 Detention of animals or meat or poultry products -- Removal of official marks.
§ 4-32-119 Quarantine authorized -- Conditions giving rise to quarantine.
§ 4-32-120 Rules for the construction and operation of meat establishments authorized.
§ 4-32-121 Suspension or revocation -- Grounds.
§ 4-32-122 Denial of application for farm custom slaughter license -- Venue for judicial review.
§ 4-32-123 Animals slaughtered or the meat and poultry products not intended for human use -- No inspection -- Products to be denatured or otherwise identified.

Chapter 32a Domesticated Game Slaughter and Processing

Part 1 General Provisions

§ 4-32a-102 Definitions.

Part 2 Domesticated Game Slaughter and Processing

§ 4-32a-201 Definitions.
§ 4-32a-202 Domesticated game slaughter and processing.
§ 4-32a-203 Notice to department before slaughtering or processing domesticated game.
§ 4-32a-204 Inspection and slaughter of domesticated game.
§ 4-32a-205 Requirements for slaughtered domesticated game intended for sale to an end consumer.
§ 4-32a-206 Transportation of slaughtered domesticated game.
§ 4-32a-207 Fees set by department -- Cost of chronic wasting disease testing.
§ 4-32a-208 Rulemaking.

Chapter 33 Motor Fuel Inspection Act

§ 4-33-101 Title.
§ 4-33-102 Purpose of chapter.
§ 4-33-103 Definition.
§ 4-33-104 Administrative and enforcement powers of department.
§ 4-33-105 Prohibitions.
§ 4-33-106 Octane rating determination and posting.
§ 4-33-107 Inspection, sampling, testing, and analysis of fuels by department.
§ 4-33-108 Locking and sealing of pumps in violation of chapter -- Posting notice -- Removal of sealed fuel -- Resealing.
§ 4-33-109 Warrant to enter premises for inspection or sampling.
§ 4-33-110 Interstate commerce -- Chapter inapplicable to fuel in transit through state.

Chapter 34 Charitable Donation

§ 4-34-102 Definitions.
§ 4-34-103 Donation to charitable organization authorized.
§ 4-34-104 County surplus food collection and distribution system.
§ 4-34-105 Inspection of donated food.
§ 4-34-106 Limitation of liability of donor, nonprofit charitable organization, and county.
§ 4-34-107 Sale or use of donations by employee of public agency or charity prohibited.
§ 4-34-108 Donation of wild game meat.

Chapter 35 Plant Pest Emergency Control Act

§ 4-35-102 Definitions.
§ 4-35-104 Commissioner to declare emergency -- Powers of commissioner in emergency.
§ 4-35-105 Commissioner to act upon declaration of a plant pest emergency.
§ 4-35-106 Plant Pest Fund.
§ 4-35-107 Notice to owner or occupant -- Corrective action required -- Directive issued by department -- Costs -- Owner or occupant may prohibit treatment.
§ 4-35-108 Persons and activities exempt from civil liability.
§ 4-35-109 Department to adopt rules.

Chapter 37 Aquaculture Act

Part 1 General Provisions

§ 4-37-102 Purpose statement -- Aquaculture considered a branch of agriculture.
§ 4-37-103 Definitions.
§ 4-37-104 Department's responsibilities.
§ 4-37-105 Responsibilities of Wildlife Board and Division of Wildlife Resources.
§ 4-37-106 Cooperative agreements.
§ 4-37-108 Prohibited activities.
§ 4-37-109 Department to make rules.
§ 4-37-110 Inspection of records and facilities.
§ 4-37-111 Prohibited sites.
§ 4-37-112 Screens.

Part 2 Aquaculture Facilities

§ 4-37-201 License required to operate an aquaculture facility.
§ 4-37-202 Acquisition of aquatic animals for use in aquaculture facilities.
§ 4-37-203 Transportation of aquatic animals to or from aquaculture facilities.
§ 4-37-204 Sale of aquatic animals from aquaculture facilities.

Part 3 Fee Fishing Facilities

§ 4-37-301 License required to operate a fee fishing facility.
§ 4-37-302 Acquisition of aquatic animals for use in fee fishing facilities.
§ 4-37-303 Transportation of live aquatic animals to fee fishing facilities.
§ 4-37-304 Sale or transfer of live aquatic animals from fee fishing facilities prohibited.
§ 4-37-305 Fishing license not required to fish at fee fishing facilities -- Transportation of dead fish.

Part 4 Importation of Aquatic Animals

§ 4-37-401 License required to import aquatic animals for aquaculture or fee fishing facilities.
§ 4-37-402 Documentation required to import aquatic animals.

Part 5 Health Approval

§ 4-37-501 Health approval -- Exceptions.
§ 4-37-502 Inspections -- Health approval report -- Report for quarantine facility -- Qualifications of inspectors -- Notification of department.
§ 4-37-503 Fish Health Policy Board.

Part 6 Enforcement and Penalties

§ 4-37-601 Enforcement and penalties.
§ 4-37-602 Adjudicative proceedings -- Presiding officer.

Chapter 38 Utah Horse Regulation Act

Part 1 General Provisions

§ 4-38-102 Definitions.
§ 4-38-103 Utah Horse Racing Commission.
§ 4-38-104 Powers and duties of commission.
§ 4-38-105 Executive director.
§ 4-38-106 Public records.

Part 2 Events

§ 4-38-201 Licenses -- Fees -- Duties of licensees.
§ 4-38-202 Stewards.
§ 4-38-203 Race meets -- Licenses -- Fairs.

Part 3 Investigations and Prohibitions

§ 4-38-301 Investigation -- License denial and suspension -- Grounds for revocation -- Fines.
§ 4-38-302 Stimulation or retardation of animals prohibited -- Tests.
§ 4-38-303 Bribery and touting prohibited.
§ 4-38-304 Gambling disclaimer.

Part 4 Finances

§ 4-38-401 Race meet money.
§ 4-38-402 Horse Racing Account created -- Contents -- Use of account money.

Part 5 Hearings

§ 4-38-501 Hearings before commission -- Hearings before board of stewards -- Appeal -- Costs and attorney fees -- Rulemaking.

Chapter 39 Domesticated Elk Act

Part 1 General Provisions

§ 4-39-102 Definitions.
§ 4-39-103 Department's responsibilities.
§ 4-39-104 Domesticated Elk Act advisory council.
§ 4-39-105 Prohibited activities.
§ 4-39-106 Department to make rules.
§ 4-39-107 Powers of state veterinarian.
§ 4-39-108 Deposit of fees.

Part 2 Domesticated Elk Facilities and Licenses

§ 4-39-201 Fencing, posts, and gates.
§ 4-39-202 General facility requirements.
§ 4-39-203 License required to operate a domesticated elk facility.
§ 4-39-204 Inspection of domesticated elk.
§ 4-39-205 License renewal.
§ 4-39-206 Records to be maintained.
§ 4-39-207 Inspection of facilities.

Part 3 Acquisition, Transportation, Sale, or Slaughter of Domesticated Elk

§ 4-39-301 Proof of source.
§ 4-39-302 Acquisition of domesticated elk for use in domesticated elk facilities.
§ 4-39-303 Importation of domesticated elk -- Enforcement.
§ 4-39-304 Marking domesticated elk.
§ 4-39-305 Transportation of domesticated elk to or from domesticated elk facilities.
§ 4-39-306 Inspection before movement, sale, or slaughter.
§ 4-39-307 Inspections -- Qualifications of inspectors.

Part 4 Escape of Domesticated Elk/Removal of Wild Elk

§ 4-39-401 Escape of domesticated elk -- Liability.
§ 4-39-402 Removal of wild cervids -- Liability.

Part 5 Enforcement and Penalties

§ 4-39-501 Enforcement and penalties.
§ 4-39-502 Adjudicative proceedings.
§ 4-39-503 Grounds for denial, suspension, or revocation of licenses for domestic elk facilities.

Chapter 41 Hemp and Cannabinoid Act

Part 1 Industrial Hemp

§ 4-41-102 Definitions.
§ 4-41-103.1 Authority to regulate production, sale, and testing of cannabinoid products and industrial hemp -- Information sharing with the State Tax Commission.
§ 4-41-103.2 Cannabinoid processor license.
§ 4-41-103.3 Industrial hemp retailer permit.
§ 4-41-103.4 Industrial hemp laboratory testing.
§ 4-41-103.5 Industrial hemp producer registration -- Limitation on industrial hemp product use.
§ 4-41-104 Product registration required for distribution -- Application -- Fees -- Renewal.
§ 4-41-105 Unlawful acts.
§ 4-41-106 Enforcement -- Fine -- Citation.

Part 4 Cannabinoid Product Act

§ 4-41-402 Cannabinoid sales and use authorized.
§ 4-41-403 Standards for registration.
§ 4-41-404 Department duties.
§ 4-41-405 Newly identified cannabinoid.

Chapter 41a Cannabis Production Establishments and Pharmacies

Part 1 General Provisions

§ 4-41a-102 Definitions.
§ 4-41a-103 Inventory control system.
§ 4-41a-104 Qualified Production Enterprise Fund -- Creation -- Revenue neutrality.
§ 4-41a-104.1 Qualified Patient Enterprise Fund -- Creation -- Revenue neutrality -- Uniform fee.
§ 4-41a-105 Agreement with a tribe.
§ 4-41a-106 Severability clause.
§ 4-41a-107 Notice to prospective and current public employees.
§ 4-41a-109 Advertising.
§ 4-41a-110 Department coordination with the advisory board.
§ 4-41a-111 Medical Cannabis Policy Advisory Board creation -- Membership -- Duties.
§ 4-41a-112 Compassionate Use Board.

Part 2 Cannabis Production Establishment

§ 4-41a-201 Cannabis production establishment -- License.
§ 4-41a-201.1 Specialized Product Authority Licensing Board -- Composition -- Duties.
§ 4-41a-202 Cannabis production establishment owners and directors -- Criminal background checks.
§ 4-41a-203 Renewal.
§ 4-41a-204 Operating plan.
§ 4-41a-204.1 Odor control recommendations.
§ 4-41a-205 Number of licenses -- Cannabis cultivation facilities.

Part 3 Cannabis Production Establishments Agents

§ 4-41a-301 Cannabis production establishment agent -- Registration.
§ 4-41a-302 Cannabis production establishment agent registration card -- Rebuttable presumption.

Part 4 General Cannabis Production Establishment Operating Requirements

§ 4-41a-401 Cannabis production establishment -- General operating requirements.
§ 4-41a-402 Inspections.
§ 4-41a-403 Advertising.
§ 4-41a-404 Medical cannabis transportation.
§ 4-41a-405 Excess and disposal.
§ 4-41a-406 Local control.

Part 5 Cannabis Cultivation Facility Operating Requirements

§ 4-41a-501 Cannabis cultivation facility -- Operating requirements.
§ 4-41a-502 Cannabis -- Labeling and child-resistant packaging.

Part 6 Cannabis Processing Facility Operating Requirements

§ 4-41a-601 Cannabis processing facility -- Operating requirements -- General.
§ 4-41a-602 Cannabis product -- Labeling and child-resistant packaging.
§ 4-41a-603 Cannabis product -- Product quality.
§ 4-41a-604 Advertising.

Part 7 Independent Cannabis Testing Laboratories

§ 4-41a-701 Cannabis and cannabis product testing.
§ 4-41a-702 Reporting -- Inspections -- Seizure by the department.

Part 8 Enforcement and Report

§ 4-41a-801 Enforcement -- Fine -- Citation.
§ 4-41a-802 Report.

Part 9 Academic Medical Cannabis Research

§ 4-41a-901 Academic medical cannabis research -- License.
§ 4-41a-902 Cannabis production establishment product for academic research.
§ 4-41a-903 Unlawful acts.

Part 10 Medical Cannabis Pharmacy License

§ 4-41a-1001 Medical cannabis pharmacy -- License -- Eligibility.
§ 4-41a-1002 Medical cannabis pharmacy owners and directors -- Criminal background checks.
§ 4-41a-1003 Renewal -- Notice of available license.
§ 4-41a-1004 Operating plan.
§ 4-41a-1005 Maximum number of licenses -- Medical cannabis pharmacy regions.
§ 4-41a-1006 Independent medical cannabis licenses.

Part 11 Medical Cannabis Pharmacy Operation and Agents

§ 4-41a-1101 Operating requirements -- General.
§ 4-41a-1102 Dispensing -- Amount a medical cannabis pharmacy may dispense -- Reporting -- Form of cannabis or cannabis product.
§ 4-41a-1103 Inspections.
§ 4-41a-1104 Advertising.
§ 4-41a-1105 Local control.
§ 4-41a-1106 Medical cannabis pharmacy agent -- Registration.
§ 4-41a-1107 Medical cannabis pharmacy agent registration card -- Rebuttable presumption.

Part 12 Medical Cannabis Home Delivery and Couriers

§ 4-41a-1201 Medical cannabis home delivery designation.
§ 4-41a-1202 Home delivery of medical cannabis shipments -- Medical cannabis couriers -- License.
§ 4-41a-1203 Medical cannabis shipment transportation.
§ 4-41a-1204 Medical cannabis courier agent -- Background check -- Registration card -- Rebuttable presumption.
§ 4-41a-1205 Home delivery of medical cannabis shipments.
§ 4-41a-1206 Closed-door medical cannabis pharmacy.

Chapter 45 Kratom Regulation Act

§ 4-45-102 Definitions.
§ 4-45-103 Factual basis for claim as kratom product required -- Administrative penalty -- Request for hearing.
§ 4-45-104 Kratom processor and kratom retailer requirements -- Criminal penalty.
§ 4-45-105 Prohibition on sale to minors -- Criminal penalty.
§ 4-45-106 Civil action available.
§ 4-45-107 Rulemaking.
§ 4-45-108 Registration of kratom products -- Department duties.

Chapter 45a Specialized Product Regulation

§ 4-45a-101 Definitions.
§ 4-45a-102 License.
§ 4-45a-103 Applicants.
§ 4-45a-104 Registration of products.
§ 4-45a-105 Rulemaking.

Chapter 46 Conservation Coordination Act

Part 1 General Provisions

§ 4-46-101 Policy.
§ 4-46-102 Definitions.
§ 4-46-103 Application of chapter to wildlife issues.

Part 2 Land Conservation Board

§ 4-46-201 Land Conservation Board.
§ 4-46-202 Board duties and powers -- No regulatory authority -- Criteria.

Part 3 LeRay McAllister Working Farm And Ranch Account

§ 4-46-301 LeRay McAllister Working Farm and Ranch Account.
§ 4-46-302 Program -- Use of money in account -- Criteria -- Administration.
§ 4-46-303 Board to report annually.
§ 4-46-304 Agriculture Conservation Easement Fund.

Part 4 Division of Conservation

§ 4-46-401 Division of Conservation created -- Director.
§ 4-46-402 Training -- Coordination with conservation districts.
§ 4-46-403 Conservation rules.

Chapter 47 Abandoned Horses

Part 1 General Provisions

§ 4-47-101 Definitions for chapter.
§ 4-47-102 Abandoned horses on open range declared a public menace.

Part 2 Process For Abandoned Horses

§ 4-47-201 Elimination by the county executive -- Notice of intention.
§ 4-47-202 Elimination by the county legislative body -- Method -- Sale.
§ 4-47-203 Owners may reclaim -- Damages -- Taxes.
§ 4-47-204 Elimination from private property on request.

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