4-2-2 - Functions, powers, and duties of department -- Fees for services -- Marketing orders -- Procedure.
4-2-2. Functions, powers, and duties of department -- Fees for services --Marketing orders -- Procedure.
(1) The department shall:
(a) inquire into and promote the interests and products of agriculture and its alliedindustries;
(b) promote methods for increasing the production and facilitating the distribution of theagricultural products of the state;
(c) (i) inquire into the cause of contagious, infectious, and communicable diseases amonglivestock and the means for their prevention and cure; and
(ii) initiate, implement, and administer plans and programs to prevent the spread ofdiseases among livestock;
(d) encourage experiments designed to determine the best means and methods for thecontrol of diseases among domestic and wild animals;
(e) issue marketing orders for any designated agricultural product to:
(i) promote orderly market conditions for any product;
(ii) give the producer a fair return on the producer's investment at the marketplace; and
(iii) only promote and not restrict or restrain the marketing of Utah agriculturalcommodities;
(f) administer and enforce all laws assigned to the department by the Legislature;
(g) establish standards and grades for agricultural products and fix and collect reasonablefees for services performed by the department in conjunction with the grading of agriculturalproducts;
(h) establish operational standards for any establishment that manufactures, processes,produces, distributes, stores, sells, or offers for sale any agricultural product;
(i) adopt, according to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, rulesnecessary for the effective administration of the agricultural laws of the state;
(j) when necessary, make investigations, subpoena witnesses and records, conducthearings, issue orders, and make recommendations concerning all matters related to agriculture;
(k) (i) inspect any nursery, orchard, farm, garden, park, cemetery, greenhouse, or anyprivate or public place that may become infested or infected with harmful insects, plant diseases,noxious or poisonous weeds, or other agricultural pests;
(ii) establish and enforce quarantines;
(iii) issue and enforce orders and rules for the control and eradication of pests, whereverthey may exist within the state; and
(iv) perform other duties relating to plants and plant products considered advisable andnot contrary to law;
(l) inspect apiaries for diseases inimical to bees and beekeeping;
(m) take charge of any agricultural exhibit within the state, if considered necessary by thedepartment, and award premiums at that exhibit;
(n) assist the Conservation Commission in the administration of Title 4, Chapter 18,Conservation Commission Act, and administer and disburse any funds available to assistconservation districts in the state in the conservation of the state's soil and water resources; and
(o) perform any additional functions, powers, and duties provided by law.
(2) The department, by following the procedures and requirements of Section 63J-1-504,may adopt a schedule of fees assessed for services provided by the department.
(3) (a) No marketing order issued under Subsection (1)(e) shall take effect until:
(i) the department gives notice of the proposed order to the producers and handlers of theaffected product;
(ii) the commissioner conducts a hearing on the proposed order; and
(iii) at least 50% of the registered producers and handlers of the affected products vote infavor of the proposed order.
(b) (i) The department may establish boards of control to administer marketing ordersand the proceeds derived from any order.
(ii) The board of control shall:
(A) ensure that all proceeds are placed in an account in the board of control's name in adepository institution; and
(B) ensure that the account is annually audited by an accountant approved by thecommissioner.
(4) Funds collected by grain grading, as provided by Subsection (1)(g), shall be depositedin the General Fund as dedicated credits for the grain grading program.
Amended by Chapter 391, 2010 General Session