Enforcement

Utah Code tit. 4, ch. 4-16, pt. 4-16-P3

in effect

Utah Code § 4-16-301 Enforcement -- Stop sale, use, or removal authorized -- Court action -- Procedures -- Costs.

4-16-301. Enforcement -- Stop sale, use, or removal authorized -- Court action -- Procedures -- Costs. (1) (a) The department may issue a "stop sale, use, or removal order" to the distributor, owner, or person in possession of any designated agricultural, vegetable, flower, or tree and shrub seed or seeds for sprouting or lot of seed which it finds or has reason to believe violates this chapter. (b) The order shall be in writing and no seed subject to it shall be moved, offered, or exposed for sale, except upon subsequent written release by the department. (c) Before a release is issued, the department may require the distributor or owner of the "stopped" seed or lot to pay the expense incurred by the department in connection with the withdrawal of the product from the market. (2) (a) The department is authorized in a court of competent jurisdiction to seek an order of seizure or condemnation of any seed which violates this chapter or, upon proper grounds, to obtain a temporary restraining order or permanent injunction to prevent violation of this chapter. (b) No bond may be required of the department in an injunctive proceeding brought under this section. (3) (a) If condemnation is ordered, the seed shall be disposed of as the court directs. (b) The court may not order condemnation without giving the claimant of the seed an opportunity to apply to the court for permission to relabel, reprocess, or otherwise bring the seed into conformance, or for permission to remove it from the state. (c) If the court orders condemnation, court costs, fees, storage, and other costs shall be awarded against the claimant of the seed. Renumbered and Amended by Chapter 345, 2017 General Session

Utah Code § 4-16-302 False or misleading advertising with respect to seed quality prohibited.

4-16-302. False or misleading advertising with respect to seed quality prohibited. Unless agricultural, vegetable, flower, or tree and shrub seeds or seeds for sprouting sold, advertised, or exposed or offered for sale in this state for propagation or planting have been registered or certified by an officially recognized seed certifying agency approved and accredited in this state, a person may not: (1) use orally or in writing: (a) the term "foundation," "registered," or "certified" seed along with other words; or (b) any other term or form of words which suggests that the seed has been certified or registered by an inspection agency duly authorized by any state, or that there has been registration or certification, or either; or (2) use any tags similar to registration or certification tags. Renumbered and Amended by Chapter 345, 2017 General Session

Utah Code § 4-16-303 Distributors of seed to keep record of each lot of seed distributed.

4-16-303. Distributors of seed to keep record of each lot of seed distributed. (1) Each person whose name appears on the label of agricultural, vegetable, flower, or tree and shrub seeds or seeds for sprouting shall keep: (a) a complete record of each lot of agricultural, vegetable, flower, tree and shrub seed or seeds for sprouting distributed in this state for a period of two years; and (b) a file sample of each lot of seed for a period of one year after final disposition of the lot. (2) The records and samples pertaining to the distribution of the seeds shall be available to the department for inspection during regular business hours. Renumbered and Amended by Chapter 345, 2017 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title4/Chapter16/4-16-P3.html?v=C4-16-P3_2017050920170701Fetched: 10/26/2026