2025 Utah Code
Title 4 - Utah Agricultural Code
Chapter 35 - Plant Pest Emergency Control Act
Section 104 - Commissioner to declare emergency -- Powers of commissioner in emergency.

Universal Citation:
UT Code § 4-35-104 (2025)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
Effective 5/12/2020
4-35-104. Commissioner to declare emergency -- Powers of commissioner in emergency.
  • (1)
    • (a) The commissioner, with the consent of the governor, may declare that a plant pest emergency situation exists that jeopardizes property and resources, and designate the area or areas affected.
    • (b) An area referred to in Subsection (1)(a) may include federal lands, after notification of the appropriate federal land manager.
  • (2) The commissioner is authorized, subject to Section 4-35-105, to direct all emergency measures the commissioner considers necessary to alleviate the emergency condition.
  • (3) The commissioner shall:
    • (a) use equipment, supplies, facilities, personnel, and other available resources;
    • (b) enter into contracts for the acquisition, rental, or hire of equipment, services, materials, and supplies;
    • (c) accept assistance, services, and facilities offered by federal and local governmental units or private agencies; and
    • (d) accept on behalf of the state the provisions and benefits of acts of Congress designated to provide assistance.


Amended by Chapter 326, 2020 General Session
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