Enforcement and Penalties

Utah Code tit. 4, ch. 4-2, pt. 4-2-P3

in effect

Utah Code § 4-2-301 Attorney general legal advisor for department -- County or district attorney may bring action upon request of department for violations of title.

4-2-301. Attorney general legal advisor for department -- County or district attorney may bring action upon request of department for violations of title. (1) The attorney general is the legal advisor for the department and shall defend the department and the department's representatives in all actions and proceedings brought against the department. (2) (a) The county attorney or the district attorney, as provided in Title 17, Chapter 68, County and District Attorney, of the county in which a cause of action arises or a public offense occurs may bring civil or criminal action, upon request of the department, to enforce the laws, standards, orders, and rules of the department or to prosecute violations of this title. (b) If the county attorney or district attorney fails to act under Subsection (2)(a), the department may request the attorney general to bring an action on behalf of the department. Amended by Chapter 16, 2025 Special Session 1

Utah Code § 4-2-302 Notice of violation -- Order for corrective action.

4-2-302. Notice of violation -- Order for corrective action. (1) Whenever the department determines that any person, or any officer or employee of any person, is violating any requirement of this title or rules adopted under this title, the department shall serve written notice upon the alleged violator that specifies the violation and alleges the facts constituting the violation. (2) After serving notice as required in Subsection (1), the department may: (a) issue an order for necessary corrective action; and (b) request the attorney general, county attorney, or district attorney to seek injunctive relief and enforcement of the order as provided in Subsection 4-2-301(2). Renumbered and Amended by Chapter 345, 2017 General Session

Utah Code § 4-2-303 Violations unlawful.

4-2-303. Violations unlawful. It is unlawful for a person, or the officer or employee of a person, to willfully violate, disobey, or disregard this title, a rule made under this title, or any notice or order issued under this title. Amended by Chapter 311, 2020 General Session

Utah Code § 4-2-304 Civil and criminal penalties -- Costs -- Civil liability.

4-2-304. Civil and criminal penalties -- Costs -- Civil liability. (1) (a) Except as otherwise provided by this title, any person, or the officer or employee of any person, who violates this title or any lawful notice or order issued pursuant to this title shall be assessed a penalty not to exceed $5,000 per violation in a civil proceeding, and is guilty of a class B misdemeanor in a criminal proceeding. (b) A subsequent criminal violation within two years is a class A misdemeanor. (2) Any person, or the officer or employee of any person, shall be liable for any expenses incurred by the department in abating any violation of this title. (3) A penalty assessment or criminal conviction under this title does not relieve the person assessed or convicted from civil liability for claims arising out of any act that was also a violation. Renumbered and Amended by Chapter 345, 2017 General Session

Utah Code § 4-2-305 Preemption.

4-2-305. Preemption. (1) Subject to concurrence with relevant federal laws and except as provided in Subsection (4), the department has exclusive jurisdiction over regulation regarding: (a) commercial feed, as described in Chapter 12, Utah Commercial Feed Act; (b) fertilizer, as described in Chapter 13, Utah Plant Food Act; (c) pesticides, as described in Chapter 14, Utah Pesticide Control Act; and (d) seeds, as described in Chapter 16, Utah Seed Act. (2) The regulation of commercial feed, fertilizer, pesticides, and seeds within the state is of statewide concern, except as provided in Subsection (4), and this title occupies the whole field of potential regulation. (3) Except as provided in Subsection (4), a political subdivision of the state is prohibited from regulating commercial feed, fertilizer, pesticides, and seeds, and local ordinances, resolutions, amendments, regulations, or laws that seek to do so are void. (4) Nothing in this section preempts or otherwise limits the authority of a political subdivision to: (a) adopt and enforce zoning regulations, fire codes, building codes, or waste disposal restrictions; or (b) in consultation with the department, enforce, maintain, amend, or otherwise continue to implement a regulation created on or before January 1, 2017, related to the use of pesticides and fertilizers in surface water and groundwater source water protection areas. Amended by Chapter 91, 2025 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title4/Chapter2/4-2-P3.html?v=C4-2-P3_2017050920170701Fetched: 10/26/2026