4-4-103.

Definitions.

As used in this chapter:

(1) "Addled" or "white rot" means putrid or rotten.

(2) "Adherent yolk" means the yolk of an egg has settled to one side and become fastened to the shell.

(3) "Albumen" means the white of an egg.

(4) "Black rot" means [the] an egg that has deteriorated to such an extent that the whole interior presents a blackened appearance.

(5) "Black spot" means mold or bacteria have developed in isolated areas inside the shell of an egg.

(6) "Blood ring" means bacteria have developed to such an extent inside of an egg that blood is formed.

- 3 - HB0326S01 compared with HB0326S02 [(7) "Candling" means the act of determining the condition of an egg by holding it before a strong light in such a way that the light shines through the egg and reveals the egg's contents.] [(8)] (7) "End consumer" means a household consumer[, restaurant, institution,] or any other person who has purchased or received shell eggs for consumption.

(8) "Large producer" means a producer of shell eggs that:

(a) has 3,000 or more layers;

and (b) is subject to:

(i) 21 C.F.R.

Chapter 1, Part 118, Production, Storage, and Transportation of Shell Eggs;

and (ii) 21 U.S.C.

Chapter 15, Egg Products Inspection.

(9) "Retailer" means a restaurant or retail grocery store in the state.

[(9)] (10) "Moldy" means mold spores have formed within the shell of an egg.

[(10)] (11) "Shell egg" means an egg in the shell as distinguished from a dried or powdered egg.

[(11)] (12) "Small producer" means a producer of shell eggs that:

(a) [having] has less than 3,000 layers;

and (b) [who ]is exempt from 21 C.F.R.

Chapter 1, Part 118, Production, Storage, and Transportation of Shell Eggs.

[(12)] (13) "Wholesale" means, with respect to the sale of [an egg] a shell egg by an egg producer, the transfer for sale or sale of an egg to a person other than the end consumer, including a retailer or an industrial or business purchaser.

Section 3.

Section 4-4-104 is amended to read:

4-4-104.

License required to distribute eggs -- Unlawful acts specified.

[(1) It is unlawful for any person to sell, offer, or expose for sale for human consumption any egg:] [(a) that is addled or moldy or that contains black spot, black rot, white rot, blood ring, adherent yolk, or a bloody or green albumen;

or] [(b) without a sign or label that conforms to the standards for display and grade adopted by the department.] [(2) For the purpose of bulk wholesale, it is unlawful for a small producer to commingle or combine eggs from a source other than the small producer's operation.] (1) A person may not distribute shell eggs in the state unless the person:

(a) obtains a license from the department;

or (b) is a small producer.

- 4 - HB0326S01 compared with HB0326S02 (2) A person may not sell, offer for sale, or expose for sale for human consumption any shell egg that is addled or moldy, or that contains black spot, black rot, white rot, blood ring, adherent yolk, or a bloody or green albumen.

(3) Nothing in this [section] chapter prohibits the sale of a denatured egg.

Section 4.

Section 4-4-105 is amended to read:

4-4-105.

Exemptions from regulation.

(1) Except as provided in this chapter, a small producer and the shell eggs produced by a small producer are exempt from:

(a) regulation by the department;

and (b) the restricted egg tolerances for United States Consumer Grade B Quality as specified in the United States Standards, Grades, and Weight Classes for Shell Eggs, Agricultural Marketing Service Secs.

56.200 through 56.203.

(2) Nothing in this section:

(a) affects the authority of the Department of Health and Human Services or the department to certify, license, regulate, or inspect food or food products that are not exempt from certification, licensing regulation, or inspection under this section;

or (b) prohibits the Department of Health and Human Services from investigating foodborne illness.

(3) The Department of Health and Human Services, or a local health department, may not prevent the sale of shell eggs from a small producer to an end consumer unless the Department of Health and Human Services, or the county health department, establishes that the shell eggs:

(a) are addled or moldy;

or (b) contain:

(i) black spot;

(ii) black rot;

(iii) white rot;

(iv) blood ring;

(v) adherent yolk;

or (vi) a bloody or green albumen.

[(1) A person who sells, offers, or exposes eggs for sale or exchange shall maintain candling records as prescribed by the department.] - 5 - HB0326S01 compared with HB0326S02 [(2) All candling records shall be open for examination by accredited inspectors or representatives of the department at reasonable times.] Section 5.

Section 4-4-107 is amended to read:

4-4-107.

Requirements for large producers -- Inspection of records.

[(1) Except as provided in this section, a small producer and the shell eggs produced by a small producer are exempt from regulation by the department.] [(2) The Department of Health and Human Services has the authority to investigate foodborne illness.] [(3) The department may assist, consult, or inspect shell eggs and a small producer's operation when requested by a small producer.] [(4) Nothing in this section affects the authority of the Department of Health and Human Services or the department to certify, license, regulate, or inspect food or food products that are not exempt from certification, licensing regulation, or inspection under this section.] [(5) The Department of Health and Human Services, or a local health department, may not prevent the sale of shell eggs from a small producer to an end consumer unless the Department of Health and Human Services, or the county health department, establishes that the shell eggs:] [(a) are addled or moldy;

or] [(b) contain:] [(i) black spot;] [(ii) black rot;] [(iii) white rot;] [(iv) blood ring;] [(v) adherent yolk;

or] [(vi) a bloody or green albumen.] [(6) A small producer that sells eggs wholesale shall notify the department about the small egg producer's operation, including:] [(a) the operator's name;] [(b) the operator's contact information;] [(c) the species of egg products offered for sale;

and] [(d) other information required by department rule regarding notification.] [(7) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:] - 6 - HB0326S01 compared with HB0326S02 [(a) govern the temperature, cleaning, and sanitization of shell eggs under this chapter that are sold by a small producer to a restaurant or wholesale;] [(b) establish notification requirements in accordance with Subsection (6);

and] [(c) establish inspection requirements for small producers that request an inspection under Subsection (3).] [(8) Eggs sold by a small producer in accordance with this chapter are exempt from the restricted egg tolerances for United States Consumer Grade B as specified in the United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., administered by the Agricultural Marketing Service of United States Agriculture Department.] (1) A large producer shall:

(a) register with the department as a food establishment in accordance with Section 4-5-301;

and (b) submit to periodical inspections of the large producer's hen housing, operations, transport vehicles, and records.

(2) A large producer that transports, ships, or receives shell eggs in commerce shall:

(a) maintain records, for a period of at least two years, for the receipt and disposition of all shell eggs;

and (b) permit the department to access and review the large producer's records at reasonable times.

Section 6.

Section 4-4-108 is amended to read:

4-4-108.

Requirements for small producers -- Rulemaking.

(1) A small producer that sells shell eggs retail or wholesale shall notify the department of the small egg producer's operation, including:

(a) the small producer's name;

(b) the small producer's contact information;

(c) the species of egg products offered for sale;

and (d) other information required by department rule regarding notification.

[(1)] (2) A small producer shall package the small producer's shell eggs in clean packaging that bears a label with the following information:

(a) the common name of the food, "eggs";

(b) the quantity or number of eggs;

(c) the name and address of the small producer;

(d) the statement "Keep Refrigerated";

and - 7 - HB0326S01 compared with HB0326S02 (e) the statement "SAFE HANDLING INSTRUCTIONS:

To prevent illness from bacteria:

Keep eggs refrigerated, cook eggs until yolks are firm, and cook foods containing eggs thoroughly." [(2)] (3) (a) A small producer shall label the small producer's shell eggs that are sold in a grocery store with a statement that the shell eggs:

(i) are exempt from 21 C.F.R.

Chapter 1, Part 118, Production, Storage, and Transportation of Shell Eggs;

and (ii) are not from an inspected source.

(b) The requirements described in Subsection [(2)(a)] (3)(a) are in addition to the labeling requirements described in Subsection [(1)] (2).

(4) If the shell eggs of a small producer are ungraded and not weighed, the packaging for the shell eggs may not be labeled with a grade or size.

(5) Any shell egg produced by a small egg producer and sold in a grocery store shall be displayed separately in the grocery store from shell eggs not from a small producer.

(6) For the wholesale of shell eggs, a small producer may not commingle or combine shell eggs from a source other than the small producer's operation.

(7) A small producer may not sell a shell egg outside of the state.

[(3)] (8) (a) A small producer may state a "pull date" or "best by" date.

(b) The "pull date" or "best by" date may be hand written on the end of the packaging or in a conspicuous location that is clearly discernible.

(c) A "pull date" or "best by" date shall first show the month then the day of the month.

(d) A recommended "pull date" or "best by" date is 30 days after production, but the date may not exceed 45 days after production.

[(4) If the eggs of a small producer are ungraded and not weighed, the packaging for the eggs may not be labeled with a grade or size.] [(5) Any egg produced by a small egg producer and sold in a grocery store shall be displayed separately in the grocery store from eggs not from a small producer.] (9) The department may assist, consult, or inspect shell eggs and a small producer's operation if a small producer requests assistance, consultation, or inspection by the department.

- 8 - HB0326S01 compared with HB0326S02 (10) The department may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:

(a) govern the temperature, cleaning, and sanitization of shell eggs under this chapter that are sold by a small producer in retail or wholesale;

(b) establish notification requirements in accordance with Subsection (1);

and (c) establish inspection requirements for a small producer that requests an inspection under Subsection (9).

(11) Notwithstanding Subsection 4-4-102(1), the department may not make rules regarding small producers except as authorized under Subsection (10).

Section 7.

Section 4-23-103 is amended to read:

4-23-103.

Definitions.

As used in this chapter:

[(1) "Agricultural crops" means any product of cultivation;] (1) "Agricultural production" means the raising, cultivation, harvesting, or processing of livestock, poultry, or crops:

(a) for commercial purposes;

and (b) on land primarily dedicated to the raising, cultivation, harvesting, or processing of livestock, poultry, or crops.

(2) "Board" means the Agricultural and Wildlife Damage Prevention Board[;] .

(3) "Bounty" means the monetary compensation paid to [persons] a person for the harvest of [predatory or depredating animals;] a depredating animal.

(4) "Damage" means any injury or loss to [livestock, poultry, agricultural crops,] agricultural production or wildlife inflicted by [predatory or depredating animals or depredating birds;] a depredating animal.

(5) "Depredating animal" means [a field mouse, gopher, ground squirrel, jack rabbit, raccoon, or prairie dog;] an animal that causes damage to agricultural production or wildlife.

and] (6) "Take" means {the same as that term is defined in Section 23A-1-101} to:

or - 9 - HB0326S01 compared with HB0326S02 (b) attempt an action described in Subsection (6)(a).

[(9)][(9)](7) (7)"Wildlife" "Take" means {[any Ĥ→form {}of {[}animal {thelife samegenerally asliving thatin terma isstate definedof innature, Sectionexcept 23A-1-101}a "Wildlife"predatory meansanimal {]}or to:}a 74adepredating {(a)animal {hunt,or pursue,bird.]the harass,same catch,at capture,that possess,term gather,is angle,defined seine,in trap,Section or23A-1-101. kill;

or}2. 74b {(b)} {attempt an action described in Subsection (6)(a)}{} ←Ĥ } .

{[(9)]Line (7)}145 [{"Wildlife"through means151: } any form of animal life generally living in a state of nature, except a predatory animal or a depredating animal or bird.] the same at that term is defined in Section 23A-1-101.

{[{any[(8)](6) form[The issuance of animalan lifeaerial generallyhunting]A livingpermit inor alicense stateissued ofunder nature,this exceptsection adoes predatorynot animalauthorize the [holder]permittee or alicensee depredatingto animaluse oraircraft bird.}to {]}[hunt, {thepursue, sameshoot, atwound, thatkill, termtrap, iscapture, or collect protected wildlife, as defined in Section 23A-1-101.}23A-1-101]take }or locate wildlife other than a coyote, unless [also ]authorized by the Division of Wildlife Resources under Section 8.23A-5-315.

Section 4-23-105 is amended to read:

4-23-105.

Board responsibilities -- Damage prevention policy -- Rules -- Methods to control depredating animals.

(1) The board is responsible for the formulation of the agricultural and wildlife damage prevention policy of the state and may, consistent with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, [adopt] make rules to implement the agricultural and wildlife damage prevention policy which [shall be] is administered by the department.

(2) In the board's policy deliberations the board shall:

(a) specify programs designed to prevent damage to [livestock, poultry, and agricultural crops] agricultural production;

and (b) [specify] approve methods for the prevention of damage and [for the selective ]control of [predators and depredating birds and animals including hunting, trapping, chemical toxicants, and the use of aircraft] depredating animals.

(3) The board may[ also]:

(a) specify bounties on [designated predatory animals and] species of depredating animals, not including protected wildlife;

(b) recommend:

(i) procedures for the payment of bounty claims[,] ;

(ii) [recommend ]bounty districts[,] ;

(iii) [recommend ]persons not authorized to receive bounty[,] ;

and - 10 - HB0326S01 compared with HB0326S02 (iv) [recommend ]to the department other actions the board considers advisable for the enforcement of the board's policies;

and [(b)] (c) cooperate with federal, state, and local governments, educational institutions, and private persons or organizations, through agreement or otherwise, to effectuate the board's policies.

Section 9.

Section 4-23-106 is amended to read:

4-23-106.

Department to issue licenses and permits -- License and permit fees -- Aerial hunting -- Rulemaking.

[(1) The department is responsible for the issuance of permits and licenses for the purposes of the federal Fish and Wildlife Act of 1956.] [(2) A private person may not use an aircraft for the prevention of damage without first obtaining a use permit from the department.] [(3) The department may issue an annual permit for aerial hunting to a private person for the protection of land, water, wildlife, livestock, domesticated animals, human life, or crops, if the person shows that the person or the person's designated pilot, along with the aircraft to be used in the aerial hunting, are licensed and qualified in accordance with the requirements of the department set by rule.] [(4) The department may predicate the issuance or retention of a permit for aerial hunting upon the permittee's full and prompt disclosure of information as the department may request for submission pursuant to rules made by the department.] (1) The department may issue an aerial hunting permit to a landowner and an aerial hunting license to a pilot for the taking of a coyote from an aircraft to prevent damage to agricultural production, in accordance with the Airborne Hunting Act, 16 U.S.C.

Sec.

742j-1.

[(5)] (2) The department shall collect an annual fee, set in accordance with Section 63J-1-504, [from a person who has an aircraft for which a permit is issued or renewed under this section] for an aerial hunting permit and aerial hunting license described in Subsection (1).

[(6)] (3) Aerial hunting activity under [a] an aerial hunting permit issued by the department is restricted to taking a coyote:

(a) (i) on private lands that are owned or managed by the permittee;

(ii) on state grazing allotments where the permittee is permitted by the state or the [State] School and Institutional Trust Lands Administration to graze livestock;

or - 11 - HB0326S01 compared with HB0326S02 (iii) on federal grazing allotments where the permittee is permitted by the United States Bureau of Land Management or United States Forest Service to graze livestock;

and (b) only during the time period for which the private land owner has provided written permission for the aerial hunting.

[(7)] (4) The [department] board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are necessary to carry out the purpose of this section[.] and establish:

(a) qualifications for a pilot to obtain an aerial hunting license;

(b) requirements for an aircraft used in aerial hunting;

and (c) any reporting information required from a permittee or licensee.

(5) As a condition to obtaining a permit or license under this section, a permittee or licensee shall assume all liability for an accident, injury, or damage arising from the permittee's or licensee's aerial hunting activity.

[(8)] (6) [The issuance of an aerial hunting] A permit or license issued under this section does not authorize the [holder] permittee or licensee to use aircraft to [hunt, pursue, shoot, wound, kill, trap, capture, or collect protected wildlife, as defined in Section 23A-1-101] take{ Ĥ→ {} { or locate}{} ←Ĥ } wildlife other than a coyote, unless [also ]authorized by the Division of Wildlife Resources under Section 23A-5-315.

(a)- provided1 false- information in submitting an application for a permit or license;

(b) violated a requirement of this chapter or rules adopted by the board;

or (c) engaged in willful conduct that is detrimental to the interests of agricultural production.

Section 10.

Section 4-23-107 is amended to read:

4-23-107.

Annual fees on sheep, goats, cattle, and turkeys -- Fee determined by board -- Collection methods.

[(1) To assist the department in meeting the annual expense of administering this chapter, the following annual predator control fees are imposed upon animals owned by persons whose interests this chapter is designed to protect:

Sheep and goats (except on farm dairy goats or feeder lambs)...............................................................................at least $.70 but not more than $1 per head - 12 - HB0326S01 compared with HB0326S02 Cattle (except on farm dairy cattle)..........................................................at least $.15 but not more than $.50 per head Turkeys (breeding stock only)..................................................................at least $.05 but not more than $.10 per head] (1) The department shall impose an annual predator control fee on the following animals to assist the department in covering the annual cost of administering the provisions of this chapter:

(a) sheep and goats, excluding on farm dairy goats or feeder lambs;

(b) cattle, excluding on farm dairy cattle;

and (c) turkeys used for breeding stock.

(2) The amount of the fees imposed upon each category of animals specified in this section [shall be] is:

(a) determined by the board annually on or before July 1 of each year[.] ;

and (b) included in the annual fee schedule submitted to the Legislature in accordance with Section 63J-1-504.

(3) (a) Fee brand inspected cattle are subject to a predator control fee upon change of ownership or slaughter.

(b) The fee shall be collected by the local brand inspector at the time of the inspection of cattle, or withheld and paid by the market from proceeds derived from the sale of the cattle.

(c) Cattle that are fee brand inspected prior to confinement to a feedlot are not subject to any subsequent predator control fee.

(4) (a) Fleece of sheared sheep is subject to a predator control fee upon sale of the fleece.

(b) (i) The fee shall be withheld and paid by the marketing agency or purchaser of wool from proceeds derived from the sale of the fleece.

(ii) The department shall enter into cooperative agreements with in-state and out-of-state wool warehouses and wool processing facilities for the collection of predator control fees on the fleece of sheep that graze on private or public range in the state.

(c) The fee shall be based on the number of pounds of wool divided by 10 pounds for white face sheep and five pounds for black face sheep.

(5) Predator control fees on turkey breeding stock shall be paid by the turkey cooperative.

- 13 - HB0326S01 compared with HB0326S02 (6) (a) Livestock owners shall pay a predator control fee on any livestock that uses public or private range in the state that is not otherwise subject to the fee under Subsection (3) or (4).

(b) By September 1 of each year, the commissioner shall mail to each owner of livestock specified in Subsection (6)(a) a reporting form requiring sufficient information on the type and number of livestock grazed in the state and indicating the fee imposed for each category of livestock.

(c) An owner shall file the completed form and the appropriate fee with the commissioner before December 31 of each year.

(d) If any person who receives the reporting form fails to return the completed form and the imposed fee as required, the commissioner is authorized to commence suit through the office of the attorney general, in a court with jurisdiction, to collect the imposed fee, the amount of which shall be as determined by the commissioner.

(7) A fee collected under this section shall be remitted to the department and deposited in the Agricultural and Wildlife Damage Prevention Account.

Section 11.

Section 4-23-109 is amended to read:

4-23-109.

Proceeds of sheep fee -- Refund of sheep fees -- Annual review of books, records, and accounts.

(1) (a) Subject to the other provisions of this Subsection (1), the commissioner may spend an amount each year from the proceeds collected from the fee imposed on sheep for the promotion, advancement, and protection of the sheep interests of the state.

(b) The amount described in Subsection (1)(a) shall be the equivalent to an amount that:

(i) equals or exceeds 18 cents per head;

and (ii) equals or is less than 25 cents per head.

(c) The commissioner shall set the amount described in Subsection (1)(a):

(i) on or before January 1 of each year;

and (ii) in consultation with one or more statewide organizations that represent persons who grow wool.

(d) A sheep fee is refundable in an amount equal to that part of the fee used to promote, advance, or protect sheep interests.

(e) A refund claim shall be filed with the department on or before January 1 of the year immediately succeeding the year for which the fee was paid.

- 14 - HB0326S01 compared with HB0326S02 (f) A refund claim shall be certified by the department to the state treasurer for payment from the Agricultural and Wildlife Damage Prevention Account created in Section 4-23-108.

(2) Any expense incurred by the department in administering refunds shall be paid from funds allocated for the promotion, advancement, and protection of the sheep interests of the state.

(3) An accountant approved by the commissioner shall annually review the books, records, and accounts of any organization that receives funds from the Agricultural and Wildlife Damage Prevention Account, created in Section 4-23-108, for the purpose of promoting, advancing, or protecting the sheep interests of the state.

[(3) (a) The books, records, and accounts of the Utah Woolgrowers Association, or any other organization which receives funds from the agricultural and wildlife damage prevention account, for the purpose of promoting, advancing, or protecting the sheep interests of the state, shall be audited at least once annually by a licensed accountant.] [(b) The results of this audit shall be submitted to the commissioner.] Section 12.

Section 4-23-111 is amended to read:

4-23-111.

Holding a raccoon or coyote in captivity prohibited -- Penalty.

(1) [No individual may] An individual may not hold in captivity a raccoon or coyote, except as provided by rules of the Agricultural and Wildlife Damage Prevention Board.

(2) The department shall enforce this section in cooperation with:

(a) the Division of Law Enforcement created in Section 79-2-702;

and (b) the Department of Health and Human Services created in Section 26B-1-201.

[(2) The Division of Wildlife Resources, with the cooperation of the department and the Department of Health, shall enforce this section.] (3) [Any] A violation of this section is an infraction.

Section 13.

Section 4-25-102 is amended to read:

4-25-102.

Definitions.

[For the purpose of] As used in this chapter:

[(1) (a) "Estray" means:] [(i) an unbranded sheep, cow, horse, mule, or ass found running at large;] - 15 - HB0326S01 compared with HB0326S02 [(ii) a branded sheep, cow, horse, mule, or ass found running at large whose owner cannot be found after reasonable search;

or] [(iii) a swine found running at large whose owner cannot be found after reasonable search.] [(b) "Estray" does not mean any unweaned animal specified in this section that is running with its mother.] [(2) "Feral swine" means any species, or hybrid species:] [(a) of the family Suidae, including the European boar, the Eurasian boar, the Russian boar, a feral hog, or a domestic pig;] [(b) that is not conspicuously identified by an ear tag or other form of visual identification;

and] [(c) that is roaming freely upon public land or private land.] (1) (a) "Estray" means livestock, as that term is defined in Section 4-7-103, found running at large.

(b) "Estray" does not include an unweaned animal specified in this section that is running with the unweaned animal's mother.

(2) "Feral swine" means an animal that is a member of the family:

(a) Tayassuidae, including Javalina and Peccary;

or (b) Suidae if:

(i) the animal exhibits the phenotypic characteristics of a Eurasian or Russian boar;

or (ii) (A) the animal roams freely upon public land or private land not belonging to the animal's owner;

and (B) the animal's owner cannot be found after a reasonable search.

(3) "Peace officer" means an officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications.

[(3)] (4) "Swine" means any domesticated species of the family Suidae that is [conspicuously identified by an ear tag or other form of visible identification] raised for an agricultural, commercial, or personal purpose.

Section 14.

Section 4-25-301 is amended to read:

4-25-301.

Unlawful actions -- Criminal penalty -- Civil liability.

(1) [A person] An individual is guilty of a class B misdemeanor if the [person] individual:

(a) is in control of a swine;

and (b) allows the swine to run at large.

- 16 - HB0326S01 compared with HB0326S02 (2) [A person] An individual described in Subsection (1) is liable for damage caused by the swine running at large.

(3) Except as provided in Section 4-25-302, an individual is guilty of a third degree felony if the individual:

(a) releases a swine on public or private property for hunting;

(b) releases a feral swine on public or private property for any purpose;

(c) hunts, traps, captures, kills, or attempts to hunt, trap, capture, or kill a feral swine;

or (d) imports, transports, or possesses a live feral swine in the state.

Section 15.

Section 4-25-302 is amended to read:

4-25-302.

Exclusive authority for removal of swine -- Exception.

[A person is guilty of a third degree felony if the person releases a:] [(1) swine on public or private property for hunting purposes;

or] [(2) feral swine on public or private property for any purpose].

(1) Feral swine may be seized, captured, destroyed, or depopulated at any time, in any place, and in any manner by:

(a) the department or an authorized agent of the department;

(b) the Department of Natural Resources or an authorized agent of the Department of Natural Resources;

and (c) a peace officer.

(2) Notwithstanding Subsection 4-25-301(3), an individual may kill or destroy a feral swine if the feral swine:

(a) presents an immediate threat of death or serious bodily injury to an individual;

or (b) is a threat of harm to private land or personal property.

Section 16.

Section 4-25-303 is amended to read:

4-25-303.

Vehicle forfeiture -- Public sale -- Notification required.

[(1) Feral swine are detrimental to the state's interests in agriculture and wildlife.] [(2) Feral swine may be seized, captured, or destroyed at any time, in any place, and in any manner by:] [(a) the department and the department's authorized agents;] [(b) the Division of Wildlife Resources and the Division of Wildlife Resources' authorized agents;

or] [(c) a certified peace officer.] [(3) - 17 - HB0326S01 compared with HB0326S02 (a) Notwithstanding Section 76-13-202, 76-13-203, or 76-13-204, and subject to the requirements of this section, an individual may kill a feral swine roaming on private or public land.] [(b) An individual shall obtain the consent of the landowner before killing a feral swine on private land.] [(c) Feral swine may be killed:] [(i) year-round;] [(ii) in any number;

and] [(iii) with a firearm, bow and arrow, or crossbow.] [(4) Feral swine may not be hunted or killed under Subsection (3)(c):] [(a) with the use of artificial light or night vision equipment, except as authorized by county ordinance;

or] [(b) from or with any airborne vehicle or device, except as provided in Section 4-23-106.] [(5) An individual may not receive compensation, or attempt to receive compensation, from hunting feral swine.] [(6) An authorized individual who kills a swine under this section is not liable to the owner for the loss of the swine, unless:] [(a) the swine is conspicuously identified by an ear tag or other form of visual identification;

and] [(b) the individual who killed the swine knew the swine was identified by an ear tag or other form of usual identification.] (1) A peace officer may seize and impound a vehicle if the peace officer has probable cause to believe that the vehicle was used in the commission of an offense under Section 4-25-301, in accordance with:

(a) Title 77, Chapter 11a, Seizure of Property and Contraband;

and (b) Title 77, Chapter 11b, Forfeiture of Seized Property.

(2) A vehicle seized under this section is subject to forfeiture through a public sale conducted by the sheriff of the county where the seizure occurred.

(3) A sheriff in possession of a vehicle seized under Subsection (1) shall:

(a) provide written notice to the vehicle owner of the proposed public sale described in Subsection (2) no later than 30 days before the day on which the public sale occurs;

and (b) inform the vehicle owner of the legal and administrative process for contesting the proposed public sale of the vehicle.

- 18 - HB0326S01 compared with HB0326S02 Section 17.

Section 63I-1-204 is amended to read:

63I-1-204.

Repeal dates:

Title 4.

(1) Section 4-2-108, Agricultural Advisory Board created -- Composition -- Responsibility -- Terms of office -- Compensation -- Executive committee, is repealed July 1, 2028.

(2) Section 4-17-104, Creation of State Weed Committee -- Membership -- Powers and duties -- Expenses, is repealed July 1, 2026.

(3) Title 4, Chapter 18, Part 3, Utah Soil Health Program, is repealed July 1, 2026.

(4) Section 4-20-103, Utah Grazing Improvement Program Advisory Board -- Duties, is repealed July 1, 2032.

(5) Section 4-23-104, Agricultural and Wildlife Damage Prevention Board created -- Composition -- Appointment -- Terms -- Vacancies -- Compensation, is repealed July 1, 2034.

(6) Section 4-23-105, Board responsibilities -- Damage prevention policy -- Rules -- Methods to control [predators and depredating birds and] depredating animals, is repealed July 1, 2034.

(7) Section 4-24-104, Livestock Brand Board created -- Composition -- Terms -- Removal -- Quorum for transaction of business -- Compensation -- Duties, is repealed July 1, 2035.

(8) Section 4-39-104, Domesticated Elk Act advisory council, is repealed July 1, 2027.

(9) Title 4, Chapter 46, Part 2, Land Conservation Board, is repealed July 1, 2027.

(10) Subsection 4-46-304(2)(d), regarding the Land Conservation Board, is repealed July 1, 2027.

(11) Subsection 4-46-401(3)(a), regarding the Land Conservation Board, is repealed July 1, 2027.

Section 18.

Repealer.

This Bill Repeals:

This bill repeals:

Section 4-4-101, Title.

Section 4-23-101, Title.

Section 4-25-101, Title.

Section 19.

Effective date.

Effective Date.

This bill takes effect on May 6, 2026.

3-6-26 3:53 PM - 19 -