65A-14-102. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

As used in this chapter:

(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

(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 .

Enacted by Chapter 21 , 2010 General Session