Utah Admin. Code 65-5-2

Current through Bulletin No. 2024-21, November 1, 2024
Section R65-5-2 - Definitions of Terms
(1) "Board" or "Board of Control" means the Red Tart and Sour Cherry Marketing Board.
(2) "Cherries" means the same as defined in 7 CFR 930; means all tart and sour cherry varieties grown in the production area classified botanically as Prunus cerasas, or hybrids of Prunus cerasas by Prunus avium, or Prunus cerasas by Prunus fruticosa.
(3) "Commissioner" means the Commissioner of the Utah Department of Agriculture and Food or the commissioner's designee.
(4) "Department" means the Utah Department of Agriculture and Food.
(5) "Independent auditor" means a certified public accountant or chartered accountant who examines a company's financial records and business transactions with which they are not affiliated. An independent auditor may not be a person employed by the department.
(6) "Order" or "marketing order" means the mechanism that levies the assessment.
(7) "Person" means an individual, partnership, corporation, association, legal representative, or any organized group of individuals.
(8) "Processor" means any person in Utah engaged in canning, freezing, dehydrating, fermenting, distilling, extracting, preserving, grinding, crushing, or in any other way preserving or changing the form of cherries to market them.
(9) "Producer" means any person in Utah in the business of producing or causing Red Tart or Sour cherries to be produced that have at least 300 trees or have received at least $500 from a processor for the previous year's production.
(10) "Registered producer" means a producer who registers to vote in the referendum, creates the marking order, and indicates they want to be included in the marketing order voting process.

Utah Admin. Code R65-5-2

Adopted by Utah State Bulletin Number 2024-07, effective 3/26/2024