PocketLaw | Utah Code | Definitions.

Definitions.

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(1)
- (a) "Bioprospecting" means the removal from a natural environment for research or commercial use of:
  - (i) a naturally occurring microorganism, plant, or fungus; or
  - (ii) information concerning a naturally occurring microorganism's, plant's, or fungus' physical or genetic properties.
- (b) "Bioprospecting" does not include:
  - (i) horticultural cultivation, except for horticultural genetic engineering conducted in a manner otherwise constituting bioprospecting;
  - (ii) an agricultural enterprise;
  - (iii) a forest and range management practice;
  - (iv) invasive weed management;
  - (v) Christmas tree and related sales; or
  - (vi) incidental removal of a microorganism, plant, or fungus while engaged in bona fide research or commercial enterprises.

(2) "Nonfederal public land" means land in the state that:
- (a) is not owned, controlled, or held in trust by the federal government; and
- (b)
  - (i) is owned or controlled by:
    - (A) the state;
    - (B) a county, city, or town; or
    - (C) a governmental entity other than the federal government; or
  - (ii) is school and institutional trust lands, as defined in Section 53C-1-103.

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