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Utah Administrative Code (Current through November 1, 2019) |
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R65. Agriculture and Food, Marketing and Development |
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R65-11. Utah Sheep Marketing Order |
| R65-11-1. Authority |
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A. Promulgated under authority of Subsection 4-2-103(e), which authorizes issuing marketing orders to promote orderly market conditions for agricultural products. B. The Commissioner of Agriculture and Food finds that it is in the public interest to establish a marketing order to improve conditions in the sheep producing industry. The commissioner finds that the issuance of this marketing order is approved and favored by at least 50 percent of the producers and handlers voting on the referendum. It is therefore ordered by the commissioner that this Order be established to assure an effective and coordinated program to maintain and expand the Utah sheep industry's market position, and that the producers shall be subject to the terms and provisions of the Order. |
| R65-11-2. Definition of Terms |
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A. "Commissioner" means the Commissioner of the Utah Department of Agriculture and Food. B. "Person" means any individual, group of individuals, partnership, corporation, association, cooperative, legal representative, or any other entity. C. "Sheep" means rams, ewes, or lambs. D. "Producer" means a person owning at least 100 rams, ewes, or lambs. E. "Registered producers" means producers who have indicated that they want to be included in the marketing order voting process by registering to vote in the referendum. Registration forms may be mailed out with the ballots. F. "Handler" means an individual or an organization engaged in the merchandising of sheep or sheep products. |
| R65-11-3. Board |
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A. The Utah Sheep Board is hereby established consisting of five members of the sheep industry, plus ex-officio non-voting members from BYU and USU and the Utah Department of Agriculture and Food. B. The original members of the Board shall be selected by the commissioner from a list submitted by the industry. C. Successors to original members shall be appointed by the commissioner from names submitted by the industry. Two members shall be appointed for a period of three years. Three members shall be appointed for a period of four years. After the first three years, each appointed member shall serve for a period of four years. This rotation shall be in effect for the term of the marketing order. In the event of a vacancy the commissioner shall appoint a new member from names submitted by the Board. D. Members of the Board shall only succeed themselves once and not serve on the Board for more that eight consecutive years. E. The officers of the Board shall be selected from the five Board members at their first meeting after organization. The officers shall consist of a Chairman and a Vice Chairman, to be elected yearly by the members of the Board. In the event of a vacancy or unfilled office, it shall be filled through an election as soon as practical and shall be for the remainder of the unexpired term. F. The Board shall exercise the following functions, powers and duties: 1. to receive and expend funds collected for the benefit of the Utah sheep producers, 2. to cooperate with any local, state or national organization engaged in activities similar to those of the Sheep Marketing Board, 3. to conduct educational programs and advertizing to promote sheep and sheep products. 4. to conduct research projects to improve the profitability of the Utah Sheep Industry, 5. to engage in any activity to promote the Utah sheep industry. G. Attendance of three members at a duly called meeting shall constitute a quorum for the transaction of official business. The Board shall meet at least quarterly. H. Each member of the Board is entitled to per diem and expenses in accordance with Sections 63A-3-106 and 63A-3-107. I. A financial report will be made available annually for the Board and members of the industry by the Utah Department of Agriculture and Food. |
| R65-11-4. Provisions of the Order |
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A. This order provides for: 1. Uniform grading and inspection of sheep products sold or offered for sale by producers or handlers and for the establishment of grading standards of quality, conditions, and size. Such grading standards shall not be established below any minimum standards now prescribed by law for the State. 2. Advertising and sales promotion to create new or larger markets for sheep products produced in Utah, provided that any such plan shall be directed towards increasing the sale of such commodity without reference to particular brand or trade name. 3. The labeling, marketing, or branding of sheep products in conformity with the regulations of the commissioner or the laws of the State of Utah already in existence and written in the Utah Code. 4. Research projects and experiments for the purpose of improving the general condition of the Sheep Industry and for the purpose of protecting the health of the people of Utah. 5. The Board may cooperate with any other state or federal agency whose activities may be deemed beneficial to the purpose of this Order. B. Expenses - Assessments - Collection and Disbursement. 1. Each producer subject to this Order shall pay to the board his or her pro rata share of such expenses as the commissioner may find necessary to be incurred by the Board for the functioning of said Marketing Order. Each producer shall pay up to 5 cents per pound of wool shorn to the Board annually. The discretionary assessment shall be set by majority vote of the Board, and approved by the commissioner. The initial assessment shall be 2 cents per pound. This assessment levied in the specified amount shall constitute a personal debt of every person so assessed and shall be due and payable upon sale of wool. The pro rata share of the expenses payable by a cooperative association of producers shall be computed on the basis of the quantity of the product covered by the Order which is distributed, sold, or shipped in commerce by such cooperative association of producers. 2. The assessment of each producer shall be deducted from the producer's gross receipt by the wool purchaser or handler. All proceeds from the deducted portion shall be paid at least quarterly to the Sheep Board. Sheep spending part of the year in Utah shall be assessed pro rata based on the time spent in Utah. 3. The Board shall retain records of the receipt of the assessment. The records shall be audited annually by an auditor approved by the commissioner. Copies of the audit shall be available to any contributor upon request. 4. The Board is required to reimburse the commissioner for any funds as are expended by the commissioner in performing his duties, as provided in this Order. Such reimbursement to include only funds actually expended in connection with this Order. 5. The Board is authorized to incur such expenses as are necessary to carry out its functions subject to the approval of the commissioner. The Board shall receive and disburse all funds received by it pursuant to Section R65-6-5. Any funds remaining at the end of any year over and above the necessary expenses of said Board may be divided among all persons from whom such funds were collected. At the discretion of the Board, such amounts may be applied to the necessary expenses of the Board for the continuation of its program during the next succeeding year. 6. Any producer who wishes a refund of their paid assessment may request such by notifying the Board in writing within thirty days of payment of the assessment subject to approval of the Board. 7. The Order shall become operational only if it is approved by at least 50 percent of the producers and handlers voting in the referendum or by producers and handlers who account for at least two-thirds of the production represented by persons voting in the referendum. |
| R65-11-5. Division of Funds |
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Assessments made and monies collected under provisions of this order shall be divided into assessments and funds for: A. administrative purposes, B. educational purposes, advertising and promotional purposes, and C. research purposes. Such assessments and funds shall be used solely for the purposes for which they are collected; provided, that funds remaining at the end of any year may be used in the succeeding year and provided, that no funds be used for political or lobbying activities. |
| R65-11-6. Board - Member's Liability |
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No member of the Board, nor any employee of the Board, shall be deemed responsible individually in any way whatsoever to any producer, distributor, handler, processor, or any other person, for errors of judgment, mistakes, or other acts, either of commission or omission of principal, agent, person, or employee, except for his own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of the Board. The liability of the members of such Board shall be several and not joint, and no member shall be liable for the default of any other member. |
| R65-11-7. Complaints for Violations - Producer |
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Complaints for violations shall be handled by the responsible legal agencies and shall be enforced in the civil courts of the state. |
| R65-11-8. Termination of Order |
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The commissioner may terminate the Marketing Order at such time as he may determine there is no longer an industry need for such order. A referendum vote may be called at the request of the producers through a petition of 40 percent of the producers. |
| R65-11-9. Quarterly Meeting |
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The Board shall meet at least quarterly. |