Utah Code

Utah Code § 19-1-303 (2026)

Criminal and civil penalties -- Liability for violations -- Reimbursement

✓ current as of May 2026

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Any person who violates a provision of this title or a lawful order or rule made under the authority of this title by the department shall:

in a civil proceeding, be assessed a penalty not to exceed the sum of $5,000; or

in a criminal proceeding:

for the first violation, be guilty of a class B misdemeanor; and

for a subsequent similar violation within two years, be guilty of a class A misdemeanor.

In addition, a person is liable for any expense incurred by the department in removing or abating any violation.

Assessment or conviction under this title does not relieve the person assessed or convicted from civil liability for any act which was also a violation of a public health law.

Each day of violation of this title or a rule made by the department may be considered a separate violation.

The enforcement procedures and penalties provided in Subsections (1) through (3) do not apply to chapters in this title which provide for other specific enforcement procedures and penalties.

Except as provided in Subsection 19-1-303.5(2) or otherwise in this title, and unless prohibited by federal law, the department shall deposit all money collected from a civil penalty or fine imposed under this title into the General Fund.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2018–2024 · leading case: Epc of Hillsborough Cty. v. Volkswagen Grp. of Am., 959 F.3d 1201 (9th Cir. 2020).

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Epc of Hillsborough Cty. v. Volkswagen Grp. of Am., 959 F.3d 1201 (9th Cir. 2020). “Utah Code Ann. § 19-1-303 (1)(a), (3). The complaint also brought common law claims for intentional misrepresentation and nuisance.”

Utah Physic. for Healthy Env't v. Diesel Power Gear, 21 F.4th 1229 (10th Cir. 2021). “See Utah Code Ann. § 19-1-303 . II. BACKGROUND Defendant Diesel Power Gear, LLC (DPG) is a “lifestyle brand company” that sells apparel and other accessories that cater to “the diesel truck lifestyle.”

In re Volkswagen \Clean Diesel\" Mktg., 310 F. Supp. 3d 1030 (2018). · cites it 2× “Laws 87-495 (2005) ); 3 Utah Code Ann. § 19-1-303 . As alleged, at least 1,118 affected vehicles are registered in Hillsborough County, and at least 5,000 affected vehicles are registered in Salt Lake County.”

Utah Physicians for a Healthy Env't v. DIESELSellerz.com (D. Utah 2024). · cites it 4× “4th at 1238 (citing Utah Code § 19-1-303); see also Defendants’ Response at 3.”

— Utah Code § 19-1-303(4) — 1 case

Utah Physicians for a Healthy Env't v. DIESELSellerz.com (D. Utah 2024). “4th at 1238 (citing Utah Code § 19-1-303); see also Defendants’ Response at 3.”

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