Full text of Utah Utah Code § 4-12-107 — Suspension or revocation authorized -- Refusal to register or issue license authorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Costs., with citation guidance and answers to common questions.
§ 4-12-107. Suspension or revocation authorized -- Refusal to register or issue license authorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Costs.
Effective 5/8/2018
4-12-107.
Suspension or revocation authorized -- Refusal to register or issue license authorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Costs.
| (1) |
Upon satisfactory evidence that a manufacturer, distributer, licensee, or registrant has used fraudulent or deceptive practices in the registration, licensing, or distribution of a commercial feed or customer-formula feed, the department may:
| (a) |
suspend or revoke the registration or license of any brand name of commercial feed or customer-formula feed; or |
| (b) |
refuse to register or license any brand name or product of commercial feed or customer-formula feed. |
|
| (2) |
| (a) |
The department may issue a "stop sale, use, or removal order" to the distributor or owner of any commercial feed or lot of commercial feed that it finds or has reason to believe is misbranded, adulterated, or otherwise in violation of this chapter. |
| (b) |
The order described in Subsection (2)(a) shall be in writing and no commercial feed subject to the order shall be moved, offered, or exposed for sale, except upon subsequent written release by the department. |
| (c) |
Before an order release is issued, the department may require the distributor or owner of the "stopped" commercial feed or lot of commercial feed to pay the expense incurred by the department in connection with the withdrawal of the product from the market. |
|
| (3) |
| (a) |
The department is authorized in a court of competent jurisdiction to seek:
| (i) |
an order of seizure or condemnation of a commercial feed; |
| (ii) |
a temporary restraining order; or |
| (iii) |
a permanent injunction to prevent the violation of this chapter. |
|
| (b) |
No bond shall be required of the department in an injunctive proceeding brought under this section. |
|
| (4) |
If the court orders condemnation of a commercial feed, the commercial feed shall be disposed of as the court directs, provided the order gives the manufacturer, distributor, licensee, or registrant an opportunity to apply to the court for permission to:
| (a) |
relabel, reprocess, or otherwise bring the commercial feed into conformance with this chapter and administrative rules; or |
| (b) |
remove the commercial feed from the state. |
|
| (5) |
If the court orders condemnation, court costs, fees, storage, and other costs shall be awarded against the claimant of the commercial feed. |
Renumbered and Amended by Chapter
355, 2018 General Session
Frequently Asked Questions About Utah § 4-12-107
What does Utah Code § 4-12-107 cover?
Section 4-12-107 ("Suspension or revocation authorized -- Refusal to register or issue license authorized -- Grounds -- Stop sale, use, or removal order authorized -- Court action -- Procedure -- Costs.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 4-12-107?
A common citation format is "Utah Code § 4-12-107" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 4-12-107 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
