§ 65A-14-102 — Definitions.

As used in this chapter:
(1) (1)(a) "Bioprospecting" means the removal from a natural environment for research or commercial use of:
(1)(a)(i) a naturally occurring microorganism, plant, or fungus; or
(1)(a)(ii) information concerning a naturally occurring microorganism's, plant's, or fungus' physical or genetic properties.
(1)(b) "Bioprospecting" does not include:
(1)(b)(i) horticultural cultivation, except for horticultural genetic engineering conducted in a manner otherwise constituting bioprospecting;
(1)(b)(ii) an agricultural enterprise;
(1)(b)(iii) a forest and range management practice;
(1)(b)(iv) invasive weed management;
(1)(b)(v) Christmas tree and related sales; or
(1)(b)(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:

(2)(a) is not owned, controlled, or held in trust by the federal government; and
(2)(b) (2)(b)(i) is owned or controlled by:

(2)(b)(i)(A) the state;
(2)(b)(i)(B) a county, city, or town; or
(2)(b)(i)(C) a governmental entity other than the federal government; or
(2)(b)(ii) is school and institutional trust lands, as defined in Section 53C-1-103.

Legislative History

Enacted by Chapter 21, 2010 General Session