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2021 Utah Code
Title 4 - Utah Agricultural Code
Chapter 13 - Utah Fertilizer Act
Section 108 - Denial, suspension, or revocation authorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Costs.
Universal Citation:
UT Code § 4-13-108 (2021)
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Effective 5/12/2020
4-13-108. Denial, suspension, or revocation authorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Costs.
Amended by Chapter 311, 2020 General Session
4-13-108. Denial, suspension, or revocation authorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Costs.
- (1) The department may deny, revoke, or suspend the license for a blender or the registration of a brand of fertilizer or soil amendment upon satisfactory evidence that the licensee or registrant has used fraudulent or deceptive practices in licensure, registration, or distribution in this state.
- (2)
- (a) The department may issue a "stop sale, use, or removal order" to the owner or person in possession of any designated lot of fertilizer or soil amendment that the department finds or has reason to believe is being offered or exposed for sale in violation of this chapter.
- (b) The order shall be in writing and fertilizer or soil amendment subject to the order may not be moved or offered or exposed for sale, except upon the subsequent written release of the department.
- (c) Before a release is issued, the department may require the owner or person in possession of the "stopped" lot to pay the expense incurred by the department in connection with the withdrawal of the product from the market.
- (3)
- (a) The department may seek in a court of competent jurisdiction an order of seizure or condemnation of any fertilizer that violates this chapter or, upon proper grounds, to obtain a temporary restraining order or permanent injunction, to prevent violation of this chapter.
- (b) A bond may not be required of the department in any injunctive proceeding under this section.
- (4) If condemnation is ordered, the fertilizer or soil amendment shall be disposed of as the court directs, except that the court may not order condemnation without giving the claimant of the fertilizer or soil amendment an opportunity to apply to the court for permission to relabel, reprocess, or otherwise bring the product into conformance, or to remove the fertilizer or soil amendment from the state.
- (5) If the court orders condemnation of the fertilizer or soil amendment, court costs, fees, storage, and other expenses shall be awarded against the claimant of the fertilizer or soil amendment.
Amended by Chapter 311, 2020 General Session
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