4-7-3 - Definitions.
4-7-3. Definitions.
As used in this chapter:
(1) "Agent" or "broker" means any person who, on behalf of a dealer, purchaser, orlivestock market, as defined in Section 4-30-1, solicits or negotiates the consignment or purchaseof any product of agriculture.
(2) "Consignor" means any person who ships or delivers any product of agriculture to adealer for storage, handling, or sale.
(3) (a) "Dealer" means any person who:
(i) receives any product of agriculture from any person for sale or storage oncommission; and
(ii) is entrusted with the possession, management, control, or disposal of any product ofagriculture for the account of that person.
(b) "Dealer" includes a livestock dealer.
(c) "Dealer" includes a person who owns or leases a warehouse.
(4) (a) "Immediate resale" means the resale of livestock within 60 days of purchase.
(b) "Immediate resale" does not include the resale of livestock culled within 60 days thatwere purchased for feeding or replacement.
(5) "Livestock" means cattle, swine, equines, sheep, camelidae, ratites, bison, anddomesticated elk as defined in Section 4-39-102.
(6) "Livestock dealer" means a person engaged in the business of purchasing livestockfor immediate resale or interstate shipment for immediate resale.
(7) "Producer" means any person who is primarily engaged in the business of raising anyproduct of agriculture for profit.
(8) "Product of agriculture" means any product useful to the human species which resultsfrom the application of the science and art of the production of plants and animals.
(9) "Product of Agriculture Receipt" means a formal document issued by a dealer for anyproduct of agriculture in accordance with Section 4-7-9. The receipt is a fungible certificate oftitle and claim for the product of agriculture and may be used as proof of ownership forcollateral.
(10) "Warehouse" means every building, structure, yard, or other protected enclosure inwhich any product of agriculture is or may be stored. It does not include retail stores, exceptthose that buy directly from a producer.
Amended by Chapter 85, 2003 General Session