2015 Utah Code
Title 65A - Forestry, Fire, and State Lands
Chapter 14 - Utah Bioprospecting Act
Part 1 - General Provisions
Section 102 - Definitions.

65A-14-102. Definitions.
As used in this chapter:

• (1)
  • (a) "Bioprospecting" means the removal from a natural environment for research or commercial use of:
    • (i) a naturally occurring microorganism, plant, or fungus; or
    • (ii) information concerning a naturally occurring microorganism's, plant's, or fungus' physical or genetic properties.
  • (b) "Bioprospecting" does not include:
    • (i) horticultural cultivation, except for horticultural genetic engineering conducted in a manner otherwise constituting bioprospecting;
    • (ii) an agricultural enterprise;
    • (iii) a forest and range management practice;
    • (iv) invasive weed management;
    • (v) Christmas tree and related sales; or
    • (vi) incidental removal of a microorganism, plant, or fungus while engaged in bona fide research or commercial enterprises.

• (2) "Nonfederal public land" means land in the state that:
  • (a) is not owned, controlled, or held in trust by the federal government; and
  • (b)
    • (i) is owned or controlled by:
      • (A) the state;
      • (B) a county, city, or town; or
      • (C) a governmental entity other than the federal government; or
    • (ii) is school and institutional trust lands, as defined in Section 53C-1-103.

Enacted by Chapter 21, 2010 General Session