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[Utah Code Table of Contents]
[TITLE 4. Table of Contents]
4-21-1 Purpose declaration.
The Legislature recognizes that production of beef is
important to the economy of the state, and that its promotion
is both necessary and desirable. The purpose of this chapter
is to further the production and promotion of beef.
1979
4-21-2 Definitions.
As used in this chapter:
(1) "Marketing agency" means any transaction in which the seller is represented by a person who acts as an agent of the seller in the sale of cattle in that such person issues payment to the seller and is entitled to a commission based upon the sale;
(2) "Producer" means any person who raises or feeds cattle;
(3) "Purchaser" means any person who buys cattle;
(4) "Seller" means any person who offers cattle for sale.
1979
4-21-3 Beef promotion fee - Deposit of revenue - Fee set by referendum - Reduction for amounts paid under federal law.
(1) (a) The department shall collect a fee established as required by Subsection (2) on all fee brand inspected cattle upon change of ownership or slaughter in an amount not more than $1 or less than 25 cents.
(b) The fee is collected by the local brand inspector at the time of inspection of cattle, or deducted and collected by the marketing agency or the purchaser.
(c) All revenue collected under this section shall be paid to the department which shall deposit the revenue in an agency fund that is hereby created and shall be known as the "Beef Promotion Fund."
(2) Before a fee assessed under Subsection (1) becomes effective, the department shall give notice of the proposed fee to all known beef and dairy cattle producers in the state, invite all beef and dairy cattle producers to register to vote in a referendum, conduct a hearing on the proposed fee change, and conduct a referendum where at least 50% of the registered producers cast a vote with a majority of those voting casting an affirmative vote on the proposed fee level.
(3) Any fee currently assessed by the department continues in effect until modified by the department under Subsections (1) and (2).
(4) The fee assessed under this section shall be reduced
by the amount of any assessment required to be paid pursuant
to the Beef Promotion and Research Act of 1985, 7 U.S.C.
Sec. 2901 et seq.
2002
4-21-4 Refund of fees allowed - Claim for refund to be filed with department - Payment of refunds.
A person who objects to payment of the assessed fee may
file a claim with the department within 60 days after the
fee is collected. No claim for refund, however, is allowed
if it is filed more than 60 days after the date the fee is
collected. Each claim for refund shall be certified by the
department to the state treasurer for payment from the beef
promotion account, subject to any applicable provisions of
the Beef Promotion and Research Act of 1985, 7 U.S.C. Sec.
2901 et seq.
1986
4-21-5 Revenue from fees to be used to promote beef industry - Payment of revenue monthly to Utah Beef Council - Deduction of costs of administration and processing funds - Annual audit of books, records, and accounts - Financial statement of audit published.
All revenue derived from the collection of fees authorized by this chapter is used to promote the beef industry of the state with the revenue generated paid to the Utah Beef Council, a Utah non-profit corporation organized for the purpose of promoting Utah beef, or to an agency acceptable to the department with the concurrence of the Utah Cattlemen's Association, on a monthly basis as requested by the council or appointed agency, with a deduction of actual costs of administration of processing the funds.
The books, records, and accounts of the Utah Beef Council
or appointed agency are audited at least once annually by
a licensed accountant selected by the commissioner and approved
by the state auditor. The results of the audit are submitted
to the commissioner, and a financial statement of the audit
and a general statement of operations and promotional and
advertising activities shall be published by the council
or appointed agency in a major livestock publication having
general circulation in Utah.
1985
