2006 Utah 4-1-4 — Code enforcement -- Inspection authorized -- Condemnation or seizure -- Injunctive relief -- Costs awarded -- County or district attorney to represent state -- Criminal actions -- Witness fee.

     4-1-4.   Code enforcement -- Inspection authorized -- Condemnation or seizure -- Injunctive relief -- Costs awarded -- County or district attorney to represent state -- Criminal actions -- Witness fee.
     (1) For the purpose of enforcing any provision of this code, the Department of Agriculture and Food may enter, at reasonable times, for the purpose of inspection, any public or private premises where agricultural products are located and may obtain samples of products at no charge to the department, unless otherwise specified within a particular chapter in this code.
     (2) The department may proceed immediately, if admittance is refused, to obtain an ex parte warrant from the nearest court of competent jurisdiction to allow entry upon the premises for the purpose of making inspections and obtaining samples.
     (3) The department is authorized in any court of competent jurisdiction to seek an order of seizure or condemnation of any agricultural product which violates any chapter contained within this code or, upon proper grounds, to obtain a temporary restraining order or temporary or permanent injunction to prevent violation of any such chapter. No bond shall be required of the department in any injunctive proceeding brought under this section.
     (4) If condemnation is ordered, the agricultural product shall be disposed of as the court directs; provided, that in no event shall it order condemnation without giving the claimant of the agricultural product an opportunity to apply to the court for permission to bring the product into conformance or for permission to remove it from the state.
     (5) If the court orders condemnation, court costs, fees, storage, and other costs shall be awarded against the claimant.
     (6) Unless otherwise specifically provided within the particular chapter governing the product sought to be seized or condemned or the conduct sought to be enjoined, the county attorney of the county in which the product is located or the act committed shall represent the department in any action commenced under authority of this section.
     (7) In any criminal action brought by the department for violation of any provision contained within a chapter in this code, the county attorney or district attorney in the county in which the alleged criminal activity occurred shall represent the state; provided, that before any criminal action is commenced by the department, it shall first give written notice of its intent to file criminal charges to the person it intends to charge and afford such person an opportunity to present, personally or through counsel, such person's views with respect to the contemplated action.
     (8) Any witness subpoenaed by the department for whatever purpose, is entitled to a witness fee for each day of required attendance at proceedings initiated by the department and to mileage in accordance with the fees and mileage allowed witnesses appearing in the district courts of this state.

Amended by Chapter 82, 1997 General Session