Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R65. Agriculture and Food, Marketing and Development.

Rule R65-13. Utah's Own.

As in effect on October 1, 2019

Table of Contents

R65-13-1. Authority and Purpose.

Pursuant to Subsection 4-8-104(5) of the Utah Code, this rule provides the application procedures, standards, and requirements for membership in the Utah's Own program.

R65-13-2. Definitions.

(1) "Department" means the Utah Department of Agriculture and Food.

(2) "Member Company" means a farm or other company that:

(a) raises, produces, prepares, or manufactures food for human consumption in Utah, or

(b) manufactures body care products using agricultural products grown or raised in Utah, and

(c) is headquartered in Utah.

(2) "Processed" means any significant change in the form or identity of a raw product.

(3) "Processor" means any person engaged within this state in the operation of receiving, grading, packaging, canning, extracting, preserving, grinding, crushing milling, or changing the form of an agricultural product for the purpose of preparing for market or marketing such product or engaged in any other activities performed for the purposes of preparing for market or marketing such product.

(4) "Program" means the Utah's Own program.

(5) "Program Mark" means the Utah's Own logo, which is trademarked by the department.

(6) "Promotion" means any written, printed, verbal or graphic representation, or combination thereof, of any product or company with the purpose of influencing consumer opinion as to the characteristics, qualities or image of the commodity, food, feed or fiber except labeling information as required by any government.

R68-13-3. Membership Eligibility and Application.

(1) Applicants seeking membership in the program shall submit the following to the department:

(a) a completed application form, as provided by the department;

(b) copies of required business license(s) from the applicable local municipality; and

(c) payment of the membership fee as outlined in the fee schedule approved by the legislature.

(2) To be eligible for membership in the program applicants shall meet the following qualifications:

(a) grow, raise, or produce food or food products intended for human consumption in the state;

(b) produce, prepare, or manufacture food intended for human consumption in Utah;

(c) produce or manufacture dietary supplements intended for human consumption in Utah; or

(d) produce body care products intended for human use using products produced in Utah; and

(e) be headquartered or incorporated in the state of Utah.

(3) The department may deny membership if:

(a) the applicant provides false information on the application;

(b) membership status has previously been revoked; or

(c) the applicant does not comply with all applicable laws and regulations.

(4) Membership shall be for vailed one year from the date of acceptance.

(5) Renewal shall be submitted on forms provided by the department.

(6) Program membership is nontransferable. The company must notify the department within 30 days of any change of ownership.

R65-13-4. Use of the Program Mark.

(1) Program members shall be given a limited right to use the program mark as prescribed by the department.

(2) Upon acceptance of program application, the department shall provide a confirmation of membership and copies of the program mark suitable for reproduction.

(3) Program members shall provide the department, prior to use of the program mark, design concepts for approval to validate compliance with the usage guidelines.

(4) The limited right to use the program mark terminates upon failure to renew membership yearly, or if membership is revoked or terminated.

R65-13-5. Membership Revocation and Termination.

(1) Program membership may be revoked, if the member company:

(a) no longer meets the qualifications for membership;

(b) violates any applicable statute or rule;

(c) violates the any agreements made between the department and the member company; or

(d) acts in a manner that may damage the reputation of the program.

KEY

Utah's Own program, membership in Utah's Own program

Date of Enactment or Last Substantive Amendment

November 2, 2017

Authorizing, Implemented, or Interpreted Law

4-8-104(5)


Additional Information

Contact

For questions regarding the content or application of rules under Title R65, please contact the promulgating agency (Agriculture and Food, Marketing and Development). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.