PocketLaw | Utah Code | Agricultural Advisory Board created --

Agricultural Advisory Board created -- Composition -- Responsibility -- Terms of office -- Compensation -- Executive committee.

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Affected by 63I-1-204 on 7/1/2023

Effective 5/5/2021
4-2-108. Agricultural Advisory Board created -- Composition -- Responsibility -- Terms of office -- Compensation -- Executive committee.

(1) There is created the Agricultural Advisory Board composed of the following 21 members:
- (a) the dean of the College of Agriculture and Applied Science from Utah State University; and
- (b) the following appointed by commissioner:
  - (i) two representatives of associations representing interests of farmers, selected from a list of nominees submitted by at least two associations representing farmers;
  - (ii) a representative of an association representing cattlemen, selected from a list of nominees submitted by at least one association representing cattlemen;
  - (iii) one representative of an association representing wool growers, selected from a list of nominees submitted by at least one association representing wool growers;
  - (iv) one representative of an association representing dairies, selected from a list of nominees submitted by at least one association representing dairies;
  - (v) one representative of an association representing pork producers, selected from a list of nominees submitted by at least one association representing pork producers;
  - (vi) one representative of egg and poultry producers;
  - (vii) one representative of an association representing veterinarians, selected from a list of nominees submitted by at least one association representing veterinarians;
  - (viii) one representative of an association representing livestock auctions, selected from a list of nominees submitted by at least one association representing livestock auctions;
  - (ix) one representative of an association representing conservation districts, selected from a list of nominees submitted by at least one association representing conservation districts;
  - (x) one representative of the Utah horse industry;
  - (xi) one representative of the food processing industry;
  - (xii) one representative of the fruit and vegetable industry;
  - (xiii) one representative of the turkey industry;
  - (xiv) one representative of manufacturers of food supplements;
  - (xv) one representative of a consumer affairs group;
  - (xvi) one representative of urban and small farmers;
  - (xvii) one representative of an association representing elk breeders, selected from a list of nominees submitted by at least one association representing elk breeders;
  - (xviii) one representative of an association representing beekeepers, selected from a list of nominees submitted by at least one association representing beekeepers; and
  - (xix) one representative of fur breeders, selected from a list of nominees submitted by at least one association representing fur breeders.

(2) The Agricultural Advisory Board shall:
- (a) advise the commissioner regarding:
  - (i) the planning, implementation, and administration of the department's programs; and
  - (ii) the establishment of standards governing the care of livestock and poultry, including consideration of:
    - (A) food safety;
    - (B) local availability and affordability of food; and
    - (C) acceptable practices for livestock and farm management; and
- (b) adopt best management practices for sheep, swine, cattle, and poultry industries in the state.

(3) The Agricultural Advisory Board may adopt best management practices for domesticated elk, mink, apiaries, and other agricultural industries in the state.

(4) For purposes of this section, "best management practices" means practices used by agriculture in the production of food and fiber that are commonly accepted practices, or that are at least as effective as commonly accepted practices, and that:
- (a) protect the environment;
- (b) protect human health; and
- (c) promote the financial viability of agricultural production.

(5)
- (a) Except as required by Subsection (1)(a) or (5)(b), members of the Agricultural Advisory Board are appointed by the commissioner to four-year terms of office.
- (b) Notwithstanding the requirements of Subsection (5)(a), the commissioner shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
- (c) A member may be removed at the discretion of the commissioner upon the request of the group the member represents.
- (d) When a vacancy occurs in the membership for any reason, the commissioner shall appoint a replacement for the unexpired term.

(6) The Agricultural Advisory Board shall elect one member to serve as chair of the Agricultural Advisory Board for a term of one year.

(7)
- (a) The Agricultural Advisory Board shall meet twice a year, but may meet more often at the discretion of the chair.
- (b) Attendance of 11 members at a duly called meeting of the Agricultural Advisory Board constitutes a quorum for the transaction of official business.

(8) A member of the Agricultural Advisory Board may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
- (a) Section 63A-3-106;
- (b) Section 63A-3-107; and
- (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

(9)
- (a) There is created an executive committee of the Agricultural Advisory Board consisting of the following seven members selected from members of the Agricultural Advisory Board:
  - (i) the two representatives appointed under Subsection (1)(b)(i);
  - (ii) the representative appointed under Subsection (1)(b)(ix); and
  - (iii) four members selected from the Agricultural Advisory Board as follows:
    - (A) for the initial members of the executive committee, by the commissioner; and
    - (B) after the initial members of the executive committee are selected, by the executive committee.
- (b)
  - (i) A member of the executive committee shall serve a term of four years on the executive committee.
  - (ii) A member of the executive committee may serve for more than one term on the executive committee.
  - (iii) When a vacancy occurs in the membership of the executive committee for any reason, the replacement shall be selected in the same manner as under Subsection (9)(a) and for the unexpired term.
- (c) Four members of the executive committee constitute a quorum and an action of the majority present when a quorum is present is action by the executive committee.
- (d) The executive committee shall annually select a chair of the executive committee.
- (e) The executive committee shall meet at least quarterly, except that the chair of the executive committee may call the executive committee for additional meetings.
- (f) The executive committee shall:
  - (i) recommend to the department fees to be imposed under this title;
  - (ii) accept public comment received under this title; and
  - (iii) carry out the responsibilities assigned to the executive committee by statute.

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