65A-14-102 - Definitions.
65A-14-102. Definitions.
As used in this chapter:
(1) (a) "Bioprospecting" means the removal from a natural environment for research orcommercial 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 amanner 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 fideresearch 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