Utah Administrative Code
Topic - Agriculture and Food
Title R68 - Plant Industry
Rule R68-19 - Compliance Procedures
Section R68-19-3 - Emergency Order

Universal Citation: UT Admin Code R 68-19-3

Current through Bulletin 2024-06, March 15, 2024

(1) The division may issue an emergency order when it determines that there is an immediate and significant danger to public health, safety, or welfare, and may be issued to secure the well-being, safety, or removal of danger to state citizens.

(2) Emergency orders are intended to protect the public from unlawful agricultural and food products and services.

(3) When an emergency order is justified, and conditions warrant immediate action by the division, the division shall promptly issue a written order that includes:

(a) the name, street address, city, state, zip-code, phone-number, and title or position of the person, business, organization, corporation, firm, or limited liability company being given the order;

(b) a brief statement of findings of fact as determined by the division;

(c) references to statutes or administrative rules violated;

(d) the reasons for issuance of the emergency order;

(e) the signature of the agency representative; and

(f) a space or line for the signature of the person, although a signature is not needed if the person refuses.

(4) No product, condition, or service subject to the order shall be released, except upon written release by the department.

(5) Pursuant to Section 4-11-111, and Subsections 4-12-107(2), 4-13-108(2), 4-14-108(2), 4-15-8(2) and 4-17-8(2) the person subject to the written order may be required to pay the expense incurred by the department in connection with the withdrawal of the product, condition, or service from the market.

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