78B-4-302 - Definitions.
78B-4-302. Definitions.
As used in this part:
(1) "Claim" means any assertion by or on behalf of a natural person, as well as anyderivative claim arising from it, and asserted by or on behalf of any other person.
(2) "Food":
(a) means any raw, cooked, or processed edible substance, beverage, or ingredient usedor intended for use or for sale in whole or in part for human consumption;
(b) does not include:
(i) tobacco products;
(ii) alcohol products;
(iii) vitamins or dietary supplements;
(iv) illegal drugs; or
(v) prescription or over-the-counter drugs.
(3) "Knowing and willful violation" means that the conduct constituting the violationwas:
(a) committed with the intent to deceive or injure consumers or with actual knowledgethat the conduct was injurious to consumers; and
(b) not required by regulation, order, rule, ordinance, or any statute administered by afederal, state, or local government agency.
(4) "Condition resulting from long term consumption of food" means the cumulativeeffect of consumption of food, which includes weight gain, obesity, or other generally knownhealth conditions allegedly caused by or likely to result from the consumption of food.
Renumbered and Amended by Chapter 3, 2008 General Session