HB 326

03-06 15:53  2nd Sub. (Gray) H.B. 326
                           Rex P. Shipp proposes the following substitute bill:
1Agriculture and Food Modifications
                                       2026 GENERAL SESSION
                                             STATE OF UTAH
                                      Chief Sponsor: Rex P. Shipp
                                    Senate Sponsor: Derrin R. Owens
2
3   LONG TITLE
4   General Description:
5This bill addresses provisions related to the regulation of animals by the Department of
6   Agriculture and Food.
7   Highlighted Provisions:
8This bill:
9▸ defines and modifies terms;
10▸ clarifies fee and rulemaking authority for the Department of Agriculture and Food
11   (department) regarding the distribution, sale, and inspection of shell eggs;
12▸ clarifies the requirements for small and large egg producers;
13▸ provides that the department may issue an aerial hunting permit and aerial hunting license
14   for the taking of a coyote from an aircraft;
15▸ authorizes the Agricultural and Wildlife Damage Prevention Board (board) to make rules
16   related to an aerial hunting permit and aerial hunting license;
17▸ establishes that an aerial hunting permittee or licensee assumes all liability for an
                                                                                                       2nd Sub. H.B. 326
18   accident, injury, or damage arising from the aerial hunting activity;
19▸ modifies how the department reviews the accounts of an organization that receives funds
20   from the Agricultural and Wildlife Damage Prevention Account;
21▸ grants authority to the board to set an annual predator control fee on certain sheep, goats,
22   cattle, and turkey;
23▸ modifies criminal penalties related to feral swine;
24▸ provides for the seizure and forfeiture of a vehicle used in the commission of a crime
25   related to feral swine; and
26▸ makes technical and conforming changes.
27   Money Appropriated in this Bill:
28None
2nd Sub. (Gray) H.B. 326  03-06 15:53
29   Other Special Clauses:
30      None
31   Utah Code Sections Affected:
32   AMENDS:
33      4-4-102 (Effective 05/06/26), as last amended by Laws of Utah 2023, Chapter 528
34      4-4-103 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 90
35      4-4-104 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 90
36      4-4-105 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2017,
37      Chapter 345
38      4-4-107 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 90
39      4-4-108 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 90
40      4-23-103 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2017,
41      Chapter 345
42      4-23-105 (Effective 05/06/26) (Repealed 07/01/34), as renumbered and amended by
43      Laws of Utah 2017, Chapter 345
44      4-23-106 (Effective 05/06/26), as last amended by Laws of Utah 2023, Chapter 34
45      4-23-107 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 91
46      4-23-109 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2017,
47      Chapter 345
48      4-23-111 (Effective 05/06/26), as last amended by Laws of Utah 2018, Chapter 433
49      4-25-102 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2017,
50      Chapter 345
51      4-25-301 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2017,
52      Chapter 345
53      4-25-302 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2017,
54      Chapter 345
55      4-25-303 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 173
56      63I-1-204 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapters 94, 286
57   REPEALS:
58      4-4-101 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2017,
59      Chapter 345
60      4-23-101 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2017,
61      Chapter 345
62      4-25-101 (Effective 05/06/26), as enacted by Laws of Utah 2017, Chapter 345
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63
64   Be it enacted by the Legislature of the state of Utah:
65Section 1. Section 4-4-102 is amended to read:
664-4-102 (Effective 05/06/26). Fee and rulemaking authority.
67   [(1) The department may establish grades and standards of quality, size, and weight
68governing the sale of eggs.]
69   [(2) The department shall, subject to Title 63G, Chapter 3, Utah Administrative
70Rulemaking Act, make and enforce rules that are necessary to administer and enforce
71this chapter.]
72   (1) Except as provided in Subsection 4-4-108(11), the department shall make rules, in
73accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are
74necessary to administer and enforce this chapter.
75   (2) In accordance with Title 63J, Chapter 1, Budgetary Procedures Act, the department may
76collect fees for the administration and enforcement of this chapter.
77Section 2. Section 4-4-103 is amended to read:
784-4-103 (Effective 05/06/26). Definitions.
79      As used in this chapter:
80   (1) "Addled" or "white rot" means putrid or rotten.
81   (2) "Adherent yolk" means the yolk of an egg has settled to one side and become fastened
82to the shell.
83   (3) "Albumen" means the white of an egg.
84   (4) "Black rot" means [the] an egg that has deteriorated to such an extent that the whole
85interior presents a blackened appearance.
86   (5) "Black spot" means mold or bacteria have developed in isolated areas inside the shell of
87an egg.
88   (6) "Blood ring" means bacteria have developed to such an extent inside of an egg that
89blood is formed.
90   [(7) "Candling" means the act of determining the condition of an egg by holding it before a
91strong light in such a way that the light shines through the egg and reveals the egg's
92contents.]
93   [(8)] (7) "End consumer" means a household consumer[, restaurant, institution,] or any other
94person who has purchased or received shell eggs for consumption.
95   (8) "Large producer" means a producer of shell eggs that:
96(a) has 3,000 or more layers; and
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97(b) is subject to:
98(i) 21 C.F.R. Chapter 1, Part 118, Production, Storage, and Transportation of Shell
99Eggs; and
100(ii) 21 U.S.C. Chapter 15, Egg Products Inspection.
101   (9) "Retailer" means a restaurant or retail grocery store in the state.
102   [(9)] (10) "Moldy" means mold spores have formed within the shell of an egg.
103   [(10)] (11) "Shell egg" means an egg in the shell as distinguished from a dried or powdered
104egg.
105   [(11)] (12) "Small producer" means a producer of shell eggs that:
106(a) [having] has less than 3,000 layers; and
107(b) [who ]is exempt from 21 C.F.R. Chapter 1, Part 118, Production, Storage, and
108Transportation of Shell Eggs.
109   [(12)] (13) "Wholesale" means, with respect to the sale of [an egg] a shell egg by an egg
110producer, the transfer for sale or sale of an egg to a person other than the end consumer,
111including a retailer or an industrial or business purchaser.
112Section 3. Section 4-4-104 is amended to read:
1134-4-104 (Effective 05/06/26). License required to distribute eggs -- Unlawful acts
114   specified.
115   [(1) It is unlawful for any person to sell, offer, or expose for sale for human consumption
116any egg:]
117[(a) that is addled or moldy or that contains black spot, black rot, white rot, blood ring,
118adherent yolk, or a bloody or green albumen; or]
119[(b) without a sign or label that conforms to the standards for display and grade adopted
120by the department.]
121   [(2) For the purpose of bulk wholesale, it is unlawful for a small producer to commingle or
122combine eggs from a source other than the small producer's operation.]
123   (1) A person may not distribute shell eggs in the state unless the person:
124(a) obtains a license from the department; or
125(b) is a small producer.
126   (2) A person may not sell, offer for sale, or expose for sale for human consumption any
127shell egg that is addled or moldy, or that contains black spot, black rot, white rot, blood
128ring, adherent yolk, or a bloody or green albumen.
129   (3) Nothing in this [section] chapter prohibits the sale of a denatured egg.
130Section 4. Section 4-4-105 is amended to read:
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1314-4-105 (Effective 05/06/26). Exemptions from regulation.
132   (1) Except as provided in this chapter, a small producer and the shell eggs produced by a
133small producer are exempt from:
134(a) regulation by the department; and
135(b) the restricted egg tolerances for United States Consumer Grade B Quality as
136specified in the United States Standards, Grades, and Weight Classes for Shell Eggs,
137Agricultural Marketing Service Secs. 56.200 through 56.203.
138   (2) Nothing in this section:
139(a) affects the authority of the Department of Health and Human Services or the
140department to certify, license, regulate, or inspect food or food products that are not
141exempt from certification, licensing regulation, or inspection under this section; or
142(b) prohibits the Department of Health and Human Services from investigating
143foodborne illness.
144   (3) The Department of Health and Human Services, or a local health department, may not
145prevent the sale of shell eggs from a small producer to an end consumer unless the
146Department of Health and Human Services, or the county health department, establishes
147that the shell eggs:
148(a) are addled or moldy; or
149(b) contain:
150(i) black spot;
151(ii) black rot;
152(iii) white rot;
153(iv) blood ring;
154(v) adherent yolk; or
155(vi) a bloody or green albumen.
156   [(1) A person who sells, offers, or exposes eggs for sale or exchange shall maintain
157candling records as prescribed by the department.]
158   [(2) All candling records shall be open for examination by accredited inspectors or
159representatives of the department at reasonable times.]
160Section 5. Section 4-4-107 is amended to read:
1614-4-107 (Effective 05/06/26). Requirements for large producers -- Inspection of
162   records.
163   [(1) Except as provided in this section, a small producer and the shell eggs produced by a
164small producer are exempt from regulation by the department.]
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165   [(2) The Department of Health and Human Services has the authority to investigate
166foodborne illness.]
167   [(3) The department may assist, consult, or inspect shell eggs and a small producer's
168operation when requested by a small producer.]
169   [(4) Nothing in this section affects the authority of the Department of Health and Human
170Services or the department to certify, license, regulate, or inspect food or food products
171that are not exempt from certification, licensing regulation, or inspection under this
172section.]
173   [(5) The Department of Health and Human Services, or a local health department, may not
174prevent the sale of shell eggs from a small producer to an end consumer unless the
175Department of Health and Human Services, or the county health department, establishes
176that the shell eggs:]
177[(a) are addled or moldy; or]
178[(b) contain:]
179[(i) black spot;]
180[(ii) black rot;]
181[(iii) white rot;]
182[(iv) blood ring;]
183[(v) adherent yolk; or]
184[(vi) a bloody or green albumen.]
185   [(6) A small producer that sells eggs wholesale shall notify the department about the small
186egg producer's operation, including:]
187[(a) the operator's name;]
188[(b) the operator's contact information;]
189[(c) the species of egg products offered for sale; and]
190[(d) other information required by department rule regarding notification.]
191   [(7) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
192Administrative Rulemaking Act, to:]
193[(a) govern the temperature, cleaning, and sanitization of shell eggs under this chapter
194that are sold by a small producer to a restaurant or wholesale;]
195[(b) establish notification requirements in accordance with Subsection (6); and]
196[(c) establish inspection requirements for small producers that request an inspection
197under Subsection (3).]
198   [(8) Eggs sold by a small producer in accordance with this chapter are exempt from the
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199restricted egg tolerances for United States Consumer Grade B as specified in the United
200States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq.,
201administered by the Agricultural Marketing Service of United States Agriculture
202Department.]
203   (1) A large producer shall:
204(a) register with the department as a food establishment in accordance with Section
2054-5-301; and
206(b) submit to periodical inspections of the large producer's hen housing, operations,
207transport vehicles, and records.
208   (2) A large producer that transports, ships, or receives shell eggs in commerce shall:
209(a) maintain records, for a period of at least two years, for the receipt and disposition of
210all shell eggs; and
211(b) permit the department to access and review the large producer's records at reasonable
212times.
213Section 6. Section 4-4-108 is amended to read:
2144-4-108 (Effective 05/06/26). Requirements for small producers -- Rulemaking.
215   (1) A small producer that sells shell eggs retail or wholesale shall notify the department of
216the small egg producer's operation, including:
217(a) the small producer's name;
218(b) the small producer's contact information;
219(c) the species of egg products offered for sale; and
220(d) other information required by department rule regarding notification.
221   [(1)] (2) A small producer shall package the small producer's shell eggs in clean packaging
222that bears a label with the following information:
223(a) the common name of the food, "eggs";
224(b) the quantity or number of eggs;
225(c) the name and address of the small producer;
226(d) the statement "Keep Refrigerated"; and
227(e) the statement "SAFE HANDLING INSTRUCTIONS: To prevent illness from
228bacteria: Keep eggs refrigerated, cook eggs until yolks are firm, and cook foods
229containing eggs thoroughly."
230   [(2)] (3)(a) A small producer shall label the small producer's shell eggs that are sold in a
231grocery store with a statement that the shell eggs:
232(i) are exempt from 21 C.F.R. Chapter 1, Part 118, Production, Storage, and
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233Transportation of Shell Eggs; and
234(ii) are not from an inspected source.
235(b) The requirements described in Subsection [(2)(a)] (3)(a) are in addition to the
236labeling requirements described in Subsection [(1)] (2).
237   (4) If the shell eggs of a small producer are ungraded and not weighed, the packaging for
238the shell eggs may not be labeled with a grade or size.
239   (5) Any shell egg produced by a small egg producer and sold in a grocery store shall be
240displayed separately in the grocery store from shell eggs not from a small producer.
241   (6) For the wholesale of shell eggs, a small producer may not commingle or combine shell
242eggs from a source other than the small producer's operation.
243   (7) A small producer may not sell a shell egg outside of the state.
244   [(3)] (8)(a) A small producer may state a "pull date" or "best by" date.
245(b) The "pull date" or "best by" date may be hand written on the end of the packaging or
246in a conspicuous location that is clearly discernible.
247(c) A "pull date" or "best by" date shall first show the month then the day of the month.
248(d) A recommended "pull date" or "best by" date is 30 days after production, but the date
249may not exceed 45 days after production.
250   [(4) If the eggs of a small producer are ungraded and not weighed, the packaging for the
251eggs may not be labeled with a grade or size.]
252   [(5) Any egg produced by a small egg producer and sold in a grocery store shall be
253displayed separately in the grocery store from eggs not from a small producer.]
254   (9) The department may assist, consult, or inspect shell eggs and a small producer's
255operation if a small producer requests assistance, consultation, or inspection by the
256department.
257   (10) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
258Administrative Rulemaking Act, to:
259(a) govern the temperature, cleaning, and sanitization of shell eggs under this chapter
260that are sold by a small producer in retail or wholesale;
261(b) establish notification requirements in accordance with Subsection (1); and
262(c) establish inspection requirements for a small producer that requests an inspection
263under Subsection (9).
264   (11) Notwithstanding Subsection 4-4-102(1), the department may not make rules regarding
265small producers except as authorized under Subsection (10).
266Section 7. Section 4-23-103 is amended to read:
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2674-23-103 (Effective 05/06/26). Definitions.
268      As used in this chapter:
269   [(1) "Agricultural crops" means any product of cultivation;]
270   (1) "Agricultural production" means the raising, cultivation, harvesting, or processing of
271livestock, poultry, or crops:
272(a) for commercial purposes; and
273(b) on land primarily dedicated to the raising, cultivation, harvesting, or processing of
274livestock, poultry, or crops.
275   (2) "Board" means the Agricultural and Wildlife Damage Prevention Board[;] .
276   (3) "Bounty" means the monetary compensation paid to [persons] a person for the harvest of [
277predatory or depredating animals;] a depredating animal.
278   (4) "Damage" means any injury or loss to [livestock, poultry, agricultural crops,]
279agricultural production or wildlife inflicted by [predatory or depredating animals or
280depredating birds;] a depredating animal.
281   (5) "Depredating animal" means [a field mouse, gopher, ground squirrel, jack rabbit,
282raccoon, or prairie dog;] an animal that causes damage to agricultural production or
283wildlife.
284   [(6) "Depredating bird" means a Brewer's blackbird or starling;]
285   [(7) "Livestock" means cattle, horses, mules, sheep, goats, and swine;]
286   [(8) "Predatory animal" means any coyote; and]
287   (6) "Take" means to:
288(a) hunt, pursue, harass, catch, capture, possess, gather, angle, seine, trap, or kill; or
289(b) attempt an action described in Subsection (6)(a).
290   [(9)] (7) "Wildlife" means [any form of animal life generally living in a state of nature,
291except a predatory animal or a depredating animal or bird.] the same at that term is
292defined in Section 23A-1-101.
293Section 8. Section 4-23-105 is amended to read:
2944-23-105 (Effective 05/06/26) (Repealed 07/01/34). Board responsibilities --
295   Damage prevention policy -- Rules -- Methods to control depredating animals.
296   (1) The board is responsible for the formulation of the agricultural and wildlife damage
297prevention policy of the state and may, consistent with Title 63G, Chapter 3, Utah
298Administrative Rulemaking Act, [adopt] make rules to implement the agricultural and
299wildlife damage prevention policy which [shall be] is administered by the department.
300   (2) In the board's policy deliberations the board shall:
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301(a) specify programs designed to prevent damage to [livestock, poultry, and agricultural
302crops] agricultural production; and
303(b) [specify] approve methods for the prevention of damage and [for the selective ]
304control of [predators and depredating birds and animals including hunting, trapping,
305chemical toxicants, and the use of aircraft] depredating animals.
306   (3) The board may[ also]:
307(a) specify bounties on [designated predatory animals and] species of depredating
308animals, not including protected wildlife;
309(b) recommend:
310(i) procedures for the payment of bounty claims[,] ;
311(ii) [recommend ]bounty districts[,] ;
312(iii) [recommend ]persons not authorized to receive bounty[,] ; and
313(iv) [recommend ]to the department other actions the board considers advisable for
314the enforcement of the board's policies; and
315[(b)] (c) cooperate with federal, state, and local governments, educational institutions,
316and private persons or organizations, through agreement or otherwise, to effectuate
317the board's policies.
318Section 9. Section 4-23-106 is amended to read:
3194-23-106 (Effective 05/06/26). Department to issue licenses and permits --
320   License and permit fees -- Aerial hunting -- Rulemaking.
321   [(1) The department is responsible for the issuance of permits and licenses for the purposes
322of the federal Fish and Wildlife Act of 1956.]
323   [(2) A private person may not use an aircraft for the prevention of damage without first
324obtaining a use permit from the department.]
325   [(3) The department may issue an annual permit for aerial hunting to a private person for
326the protection of land, water, wildlife, livestock, domesticated animals, human life, or
327crops, if the person shows that the person or the person's designated pilot, along with the
328aircraft to be used in the aerial hunting, are licensed and qualified in accordance with the
329requirements of the department set by rule.]
330   [(4) The department may predicate the issuance or retention of a permit for aerial hunting
331upon the permittee's full and prompt disclosure of information as the department may
332request for submission pursuant to rules made by the department.]
333   (1) The department may issue an aerial hunting permit to a landowner and an aerial hunting
334license to a pilot for the taking of a coyote from an aircraft to prevent damage to
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335agricultural production, in accordance with the Airborne Hunting Act, 16 U.S.C. Sec.
336742j-1.
337   [(5)] (2) The department shall collect an annual fee, set in accordance with Section
33863J-1-504, [from a person who has an aircraft for which a permit is issued or renewed
339under this section] for an aerial hunting permit and aerial hunting license described in
340Subsection (1).
341   [(6)] (3) Aerial hunting activity under [a] an aerial hunting permit issued by the department
342is restricted to taking a coyote:
343(a)(i) on private lands that are owned or managed by the permittee;
344(ii) on state grazing allotments where the permittee is permitted by the state or the [
345State] School and Institutional Trust Lands Administration to graze livestock; or
346(iii) on federal grazing allotments where the permittee is permitted by the United
347States Bureau of Land Management or United States Forest Service to graze
348livestock; and
349(b) only during the time period for which the private land owner has provided written
350permission for the aerial hunting.
351   [(7)] (4) The [department] board shall make rules, in accordance with Title 63G, Chapter 3,
352Utah Administrative Rulemaking Act, that are necessary to carry out the purpose of this
353section[.] and establish:
354(a) qualifications for a pilot to obtain an aerial hunting license;
355(b) requirements for an aircraft used in aerial hunting; and
356(c) any reporting information required from a permittee or licensee.
357   (5) As a condition to obtaining a permit or license under this section, a permittee or licensee
358shall assume all liability for an accident, injury, or damage arising from the permittee's
359or licensee's aerial hunting activity.
360   [(8)] (6) [The issuance of an aerial hunting] A permit or license issued under this section
361does not authorize the [holder] permittee or licensee to use aircraft to [hunt, pursue,
362shoot, wound, kill, trap, capture, or collect protected wildlife, as defined in Section
36323A-1-101] take or locate wildlife other than a coyote, unless [also ]authorized by the
364Division of Wildlife Resources under Section 23A-5-315.
365   (7) The department may suspend or revoke a permit or license issued under this section if
366the department determines that the permittee or licensee:
367(a) provided false information in submitting an application for a permit or license;
368(b) violated a requirement of this chapter or rules adopted by the board; or
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369(c) engaged in willful conduct that is detrimental to the interests of agricultural
370production.
371Section 10. Section 4-23-107 is amended to read:
3724-23-107 (Effective 05/06/26). Annual fees on sheep, goats, cattle, and turkeys --
373   Fee determined by board -- Collection methods.
374   [(1) To assist the department in meeting the annual expense of administering this chapter, the
375following annual predator control fees are imposed upon animals owned by persons whose
376interests this chapter is designed to protect: Sheep and goats (except on farm dairy
377goats or feeder lambs)...............................................................................
       at least $.70 but
378not than $1 per head
       more
379
380Cattle (except on farm dairy cattle)..........................................................
       at least $.15 but
381not than $.50 per head
       more
382
383Turkeys (breeding stock only)..................................................................
       at least $.05 but
384not than $.10 per head]
       more
385
386   (1) The department shall impose an annual predator control fee on the following animals to
387assist the department in covering the annual cost of administering the provisions of this
388chapter:
389(a) sheep and goats, excluding on farm dairy goats or feeder lambs;
390(b) cattle, excluding on farm dairy cattle; and
391(c) turkeys used for breeding stock.
392   (2) The amount of the fees imposed upon each category of animals specified in this section [
393shall be] is:
394(a) determined by the board annually on or before July 1 of each year[.] ; and
395(b) included in the annual fee schedule submitted to the Legislature in accordance with
396Section 63J-1-504.
397   (3)(a) Fee brand inspected cattle are subject to a predator control fee upon change of
398ownership or slaughter.
399(b) The fee shall be collected by the local brand inspector at the time of the inspection of
400cattle, or withheld and paid by the market from proceeds derived from the sale of the
401cattle.
402(c) Cattle that are fee brand inspected prior to confinement to a feedlot are not subject to
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403any subsequent predator control fee.
404   (4)(a) Fleece of sheared sheep is subject to a predator control fee upon sale of the fleece.
405(b)(i) The fee shall be withheld and paid by the marketing agency or purchaser of
406wool from proceeds derived from the sale of the fleece.
407(ii) The department shall enter into cooperative agreements with in-state and
408out-of-state wool warehouses and wool processing facilities for the collection of
409predator control fees on the fleece of sheep that graze on private or public range in
410the state.
411(c) The fee shall be based on the number of pounds of wool divided by 10 pounds for
412white face sheep and five pounds for black face sheep.
413   (5) Predator control fees on turkey breeding stock shall be paid by the turkey cooperative.
414   (6)(a) Livestock owners shall pay a predator control fee on any livestock that uses public
415or private range in the state that is not otherwise subject to the fee under Subsection
416(3) or (4).
417(b) By September 1 of each year, the commissioner shall mail to each owner of livestock
418specified in Subsection (6)(a) a reporting form requiring sufficient information on the
419type and number of livestock grazed in the state and indicating the fee imposed for
420each category of livestock.
421(c) An owner shall file the completed form and the appropriate fee with the
422commissioner before December 31 of each year.
423(d) If any person who receives the reporting form fails to return the completed form and
424the imposed fee as required, the commissioner is authorized to commence suit
425through the office of the attorney general, in a court with jurisdiction, to collect the
426imposed fee, the amount of which shall be as determined by the commissioner.
427   (7) A fee collected under this section shall be remitted to the department and deposited in
428the Agricultural and Wildlife Damage Prevention Account.
429Section 11. Section 4-23-109 is amended to read:
4304-23-109 (Effective 05/06/26). Proceeds of sheep fee -- Refund of sheep fees --
431   Annual review of books, records, and accounts.
432   (1)(a) Subject to the other provisions of this Subsection (1), the commissioner may
433spend an amount each year from the proceeds collected from the fee imposed on
434sheep for the promotion, advancement, and protection of the sheep interests of the
435state.
436(b) The amount described in Subsection (1)(a) shall be the equivalent to an amount that:
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437(i) equals or exceeds 18 cents per head; and
438(ii) equals or is less than 25 cents per head.
439(c) The commissioner shall set the amount described in Subsection (1)(a):
440(i) on or before January 1 of each year; and
441(ii) in consultation with one or more statewide organizations that represent persons
442who grow wool.
443(d) A sheep fee is refundable in an amount equal to that part of the fee used to promote,
444advance, or protect sheep interests.
445(e) A refund claim shall be filed with the department on or before January 1 of the year
446immediately succeeding the year for which the fee was paid.
447(f) A refund claim shall be certified by the department to the state treasurer for payment
448from the Agricultural and Wildlife Damage Prevention Account created in Section
4494-23-108.
450   (2) Any expense incurred by the department in administering refunds shall be paid from
451funds allocated for the promotion, advancement, and protection of the sheep interests of
452the state.
453   (3) An accountant approved by the commissioner shall annually review the books, records,
454and accounts of any organization that receives funds from the Agricultural and Wildlife
455Damage Prevention Account, created in Section 4-23-108, for the purpose of promoting,
456advancing, or protecting the sheep interests of the state.
457   [(3)(a) The books, records, and accounts of the Utah Woolgrowers Association, or any
458other organization which receives funds from the agricultural and wildlife damage
459prevention account, for the purpose of promoting, advancing, or protecting the sheep
460interests of the state, shall be audited at least once annually by a licensed accountant.]
461[(b) The results of this audit shall be submitted to the commissioner.]
462Section 12. Section 4-23-111 is amended to read:
4634-23-111 (Effective 05/06/26). Holding a raccoon or coyote in captivity
464   prohibited -- Penalty.
465   (1) [No individual may] An individual may not hold in captivity a raccoon or coyote, except
466as provided by rules of the Agricultural and Wildlife Damage Prevention Board.
467   (2) The department shall enforce this section in cooperation with:
468(a) the Division of Law Enforcement created in Section 79-2-702; and
469(b) the Department of Health and Human Services created in Section 26B-1-201.
470   [(2) The Division of Wildlife Resources, with the cooperation of the department and the
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471Department of Health, shall enforce this section.]
472   (3) [Any] A violation of this section is an infraction.
473Section 13. Section 4-25-102 is amended to read:
4744-25-102 (Effective 05/06/26). Definitions.
475      [For the purpose of] As used in this chapter:
476   [(1)(a) "Estray" means:]
477[(i) an unbranded sheep, cow, horse, mule, or ass found running at large;]
478[(ii) a branded sheep, cow, horse, mule, or ass found running at large whose owner
479cannot be found after reasonable search; or]
480[(iii) a swine found running at large whose owner cannot be found after reasonable
481search.]
482[(b) "Estray" does not mean any unweaned animal specified in this section that is
483running with its mother.]
484   [(2) "Feral swine" means any species, or hybrid species:]
485[(a) of the family Suidae, including the European boar, the Eurasian boar, the Russian
486boar, a feral hog, or a domestic pig;]
487[(b) that is not conspicuously identified by an ear tag or other form of visual
488identification; and]
489[(c) that is roaming freely upon public land or private land.]
490   (1)(a) "Estray" means livestock, as that term is defined in Section 4-7-103, found
491running at large.
492(b) "Estray" does not include an unweaned animal specified in this section that is
493running with the unweaned animal's mother.
494   (2) "Feral swine" means an animal that is a member of the family:
495(a) Tayassuidae, including Javalina and Peccary; or
496(b) Suidae if:
497(i) the animal exhibits the phenotypic characteristics of a Eurasian or Russian boar; or
498(ii)(A) the animal roams freely upon public land or private land not belonging to
499the animal's owner; and
500(B) the animal's owner cannot be found after a reasonable search.
501   (3) "Peace officer" means an officer certified in accordance with Title 53, Chapter 13,
502Peace Officer Classifications.
503   [(3)] (4) "Swine" means any domesticated species of the family Suidae that is [
504conspicuously identified by an ear tag or other form of visible identification] raised for
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505an agricultural, commercial, or personal purpose.
506Section 14. Section 4-25-301 is amended to read:
5074-25-301 (Effective 05/06/26). Unlawful actions -- Criminal penalty -- Civil
508   liability.
509   (1) [A person] An individual is guilty of a class B misdemeanor if the [person] individual:
510(a) is in control of a swine; and
511(b) allows the swine to run at large.
512   (2) [A person] An individual described in Subsection (1) is liable for damage caused by the
513swine running at large.
514   (3) Except as provided in Section 4-25-302, an individual is guilty of a third degree felony
515if the individual:
516(a) releases a swine on public or private property for hunting;
517(b) releases a feral swine on public or private property for any purpose;
518(c) hunts, traps, captures, kills, or attempts to hunt, trap, capture, or kill a feral swine; or
519(d) imports, transports, or possesses a live feral swine in the state.
520Section 15. Section 4-25-302 is amended to read:
5214-25-302 (Effective 05/06/26). Exclusive authority for removal of swine --
522   Exception.
523[A person is guilty of a third degree felony if the person releases a:]
524   [(1) swine on public or private property for hunting purposes; or]
525[(2) feral swine on public or private property for any purpose].
526   (1) Feral swine may be seized, captured, destroyed, or depopulated at any time, in any
527place, and in any manner by:
528(a) the department or an authorized agent of the department;
529(b) the Department of Natural Resources or an authorized agent of the Department of
530Natural Resources; and
531(c) a peace officer.
532   (2) Notwithstanding Subsection 4-25-301(3), an individual may kill or destroy a feral swine
533if the feral swine:
534(a) presents an immediate threat of death or serious bodily injury to an individual; or
535(b) is a threat of harm to private land or personal property.
536Section 16. Section 4-25-303 is amended to read:
5374-25-303 (Effective 05/06/26). Vehicle forfeiture -- Public sale -- Notification
538   required.
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539   [(1) Feral swine are detrimental to the state's interests in agriculture and wildlife.]
540   [(2) Feral swine may be seized, captured, or destroyed at any time, in any place, and in any
541manner by:]
542[(a) the department and the department's authorized agents;]
543[(b) the Division of Wildlife Resources and the Division of Wildlife Resources'
544authorized agents; or]
545[(c) a certified peace officer.]
546   [(3)(a) Notwithstanding Section 76-13-202, 76-13-203, or 76-13-204, and subject to the
547requirements of this section, an individual may kill a feral swine roaming on private
548or public land.]
549[(b) An individual shall obtain the consent of the landowner before killing a feral swine
550on private land.]
551[(c) Feral swine may be killed:]
552[(i) year-round;]
553[(ii) in any number; and]
554[(iii) with a firearm, bow and arrow, or crossbow.]
555   [(4) Feral swine may not be hunted or killed under Subsection (3)(c):]
556[(a) with the use of artificial light or night vision equipment, except as authorized by
557county ordinance; or]
558[(b) from or with any airborne vehicle or device, except as provided in Section 4-23-106.]
559   [(5) An individual may not receive compensation, or attempt to receive compensation, from
560hunting feral swine.]
561   [(6) An authorized individual who kills a swine under this section is not liable to the owner
562for the loss of the swine, unless:]
563[(a) the swine is conspicuously identified by an ear tag or other form of visual
564identification; and]
565[(b) the individual who killed the swine knew the swine was identified by an ear tag or
566other form of usual identification.]
567   (1) A peace officer may seize and impound a vehicle if the peace officer has probable cause
568to believe that the vehicle was used in the commission of an offense under Section
5694-25-301, in accordance with:
570(a) Title 77, Chapter 11a, Seizure of Property and Contraband; and
571(b) Title 77, Chapter 11b, Forfeiture of Seized Property.
572   (2) A vehicle seized under this section is subject to forfeiture through a public sale
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573conducted by the sheriff of the county where the seizure occurred.
574   (3) A sheriff in possession of a vehicle seized under Subsection (1) shall:
575(a) provide written notice to the vehicle owner of the proposed public sale described in
576Subsection (2) no later than 30 days before the day on which the public sale occurs;
577and
578(b) inform the vehicle owner of the legal and administrative process for contesting the
579proposed public sale of the vehicle.
580Section 17. Section 63I-1-204 is amended to read:
58163I-1-204 (Effective 05/06/26). Repeal dates: Title 4.
582   (1) Section 4-2-108, Agricultural Advisory Board created -- Composition -- Responsibility
583-- Terms of office -- Compensation -- Executive committee, is repealed July 1, 2028.
584   (2) Section 4-17-104, Creation of State Weed Committee -- Membership -- Powers and
585duties -- Expenses, is repealed July 1, 2026.
586   (3) Title 4, Chapter 18, Part 3, Utah Soil Health Program, is repealed July 1, 2026.
587   (4) Section 4-20-103, Utah Grazing Improvement Program Advisory Board -- Duties, is
588repealed July 1, 2032.
589   (5) Section 4-23-104, Agricultural and Wildlife Damage Prevention Board created --
590Composition -- Appointment -- Terms -- Vacancies -- Compensation, is repealed July 1,
5912034.
592   (6) Section 4-23-105, Board responsibilities -- Damage prevention policy -- Rules --
593Methods to control [predators and depredating birds and] depredating animals, is
594repealed July 1, 2034.
595   (7) Section 4-24-104, Livestock Brand Board created -- Composition -- Terms -- Removal
596-- Quorum for transaction of business -- Compensation -- Duties, is repealed July 1,
5972035.
598   (8) Section 4-39-104, Domesticated Elk Act advisory council, is repealed July 1, 2027.
599   (9) Title 4, Chapter 46, Part 2, Land Conservation Board, is repealed July 1, 2027.
600   (10) Subsection 4-46-304(2)(d), regarding the Land Conservation Board, is repealed July 1,
6012027.
602   (11) Subsection 4-46-401(3)(a), regarding the Land Conservation Board, is repealed July 1,
6032027.
604Section 18. Repealer.
605This bill repeals:
606Section 4-4-101, Title.
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607Section 4-23-101, Title.
608Section 4-25-101, Title.
609Section 19. Effective Date.
610   This bill takes effect on May 6, 2026.
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