A.R.S. § 3-527.02 — Arizona Code / Title 3 / Chapter 3 / Article 4.3 / Section 527.02
3-527.02 Powers and duties of the council
Status: in_force

3-527.02. Powers and duties of the council

A. The council shall:

1. Annually elect a chairman and vice chairman from among its members.

2. Meet at least once each calendar quarter and at such additional times as called by the chairman or if requested by four or more members of the council.

3. Keep a permanent record of its proceedings and make these records available for public inspection for any lawful purpose.

B. The council shall advise the director and the associate director of the citrus, fruit and vegetable division on all matters pertaining to articles 2, 4 and 4.1 of this chapter, including the following:

1. Review all statutes and rules relating to articles 2, 4 and 4.1 of this chapter.

2. Make recommendations concerning inspection services, inspection procedures and training concerning articles 2, 4 and 4.1 of this chapter.

3. Make recommendations concerning amendments to existing statutes relating to articles 2, 4 and 4.1 of this chapter.

4. Review all proposed changes in statutes relating to articles 2, 4 and 4.1 of this chapter that the department recommends to the legislature.

5. Make recommendations concerning additions, modifications or repeals of rules relating to articles 2, 4 and 4.1 of this chapter.

6. Review all additions, modifications or repeals of rules relating to articles 2, 4 and 4.1 of this chapter that are proposed to be adopted by the director.

7. Make recommendations concerning the annual budget and fees that are necessary to provide procedures and services relating to articles 2, 4 and 4.1 of this chapter.

8. Review procedures and make recommendations regarding enforcement actions under article 2, 4 or 4.1 of this chapter.

9. Review and make recommendations relating specifically to the following matters under article 4.1 of this chapter:

(a) Produce safety policies that are proposed or adopted by statute, rule, guidance document or order or as applied in practice.

(b) The implementation and operation of the produce safety program under article 4.1 of this chapter, including the adequacy and sources of funding for those purposes.

(c) The progress and success of education, training and outreach efforts pursuant to section 3-525.01, subsection C, paragraphs 1 and 2.

(d) The perception, evidence and consequences of overregulation of farms under the requirements of article 4.1 of this chapter.

10. Recommend any other items that the council deems to be appropriate for furthering the purposes of article 2, 4 or 4.1 of this chapter.

C. If the council makes any recommendations pursuant to subsection B of this section, the director or the associate director of the citrus, fruit and vegetable division, as appropriate, shall accept the recommendations if they are found to be practicable and in the interests of the citrus, fruit and vegetable industry.  If the director or associate director does not accept all or any part of the council's recommendations, the director or associate director shall provide a written statement of reasons to the council within fifteen days.

D. Recommendations made pursuant to subsection B, paragraph 2 or 8 of this section shall not include actions relating to individual inspection personnel or individual enforcement actions.
A.R.S. § 3-445 — Arizona Code / Title 3 / Chapter 3 / Article 2 / Section 445
3-445 Rulemaking; definition
Status: in_force

3-445. Rulemaking; definition

A. Pursuant to section 3-527.02, the associate director may recommend to the director for adoption rules that are not in conflict with this article as the associate director deems necessary to carry out this article.

B. On recommendation of the associate director, the director shall prescribe:

1. Standards and grades for citrus fruit produced in this state and a standard for citrus fruit without specific standards pursuant to section 3-446. In establishing the specific standards, the associate director shall consider factors that apply to the product, including maturity, color, shape, size, firmness, freedom from decay, diseases, mechanical and plant pest injury and any other factors that indicate quality and condition.

2. The size, dimensions, labeling and markings of containers that are to be used to pack citrus fruit and the packing arrangements of the commodity in the container.

3. A permit system for experimental containers, experimental products and experimental packs, including an application, permit number, quantity allowed by the permit, duration of the permit and recordkeeping and renewal provisions.

4. Sampling rules for lots and containers of citrus fruit to reasonably produce a fair representation of the entire lot or container sampled.

5. The time period allowed to recondition citrus fruit pursuant to section 3-444.

6. Appropriate reporting and recordkeeping requirements for shippers, including:

(a) Reporting totals for each citrus variety shipped.

(b) A requirement for records to be retained for the preceding two years on the amount of each citrus variety sold by the shipper for each producer for purposes of reporting under article 1 of this chapter.

(c) A requirement for records to be retained for the preceding year on the percentage ownership interest of each producer for each citrus variety sold by the shipper.

7. Appropriate reporting and recordkeeping requirements for commission merchants.

C. For the purposes of this section, "year" has the same meaning prescribed in section 3-450.
A.R.S. § 3-3115 — Arizona Code / Title 3 / Chapter 17 / Article 1 / Section 3115
3-3115 Imminent dangers
Status: in_force

3-3115. Imminent dangers

A. The superior court has jurisdiction on filing of a verified complaint by the director to restrain any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this article. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct or remove such imminent danger and prohibit the employment or presence of any individual in locations or under conditions where such imminent danger exists, except individuals whose presence is necessary to avoid, correct or remove such imminent danger or to maintain the capacity of a continuous process operation to resume normal operations, or if a cessation of operations is necessary, to permit the cessation to be accomplished in a safe and orderly manner.

B. On the filing of any such complaint the superior court has jurisdiction to grant injunctive relief or a temporary restraining order pending the outcome of an enforcement proceeding pursuant to this article. The proceeding shall be as provided by the rules of civil procedure.

C. If, and as soon as, the director or his authorized representative concludes that conditions or practices described in subsection A exist in any place of employment, he shall inform the affected employees and employers of the danger and that he is recommending that relief be sought.

D. If the director or his authorized representative arbitrarily or capriciously fails to seek relief under this section, any employee who may be injured by reason of such failure or the representative of such employees may bring an action against the director in superior court for a writ of mandamus to compel the director to seek such an order and for such further relief as may be appropriate.
A.R.S. § 3-2695 — Arizona Code / Title 3 / Chapter 15 / Article 4 / Section 2695
3-2695 Collecting dead stock by tallow and rendering companies
Status: in_force

3-2695. Collecting dead stock by tallow and rendering companies

A. Any person, tallow company or rendering plant removing dead stock to its place of business shall make a report on a form provided by the department and pursuant to rules the director may prescribe to prevent the use of these animals or the products of these animals for human food purposes.  On this report the driver or person in charge of the truck working out of the plant, or the person receiving the call to collect the dead stock, shall show the following information and any other information as the director may prescribe by rule:

1. Date of removal.

2. Name, address and telephone number, if any, of the person requesting removal of dead stock, and of the owner of the stock, if known.

3. Location and description of dead stock.

4. Name of the company receiving the dead stock.

5. Name of the person making the report.

6. Date of the report.

B. The original of the report shall be submitted to the department.

C. No meat or meat food product processed or packed by any rendering plant or tallow company shall be traded or sold for human or animal consumption except meat from dead livestock processed for use as animal food under rules prescribed by the director and sterilized meat scrap or tankage that may be used as animal feed supplement in compliance with federal regulations.

D. Notwithstanding title 36, chapter 8, article 1, prohibiting the use of meat from an animal that has died other than by slaughter for animal food, any such meat may be used for animal food if processed as provided in subsection C.
A.R.S. § 3-2907 — Arizona Code / Title 3 / Chapter 16 / Article 1 / Section 2907
3-2907 Licenses; fee; exemption
Status: in_force

3-2907. Licenses; fee; exemption

A. A person may not engage in any of the following activities relating to aquaculture unless the person possesses a current valid license issued by the division:

1. Aquaculture facility activities, including selling, trading, displaying, purchasing, exporting, possessing, propagating and rearing live aquatic animals or plants.

2. Transporting live aquatic animals to persons who are licensed to resell, process or stock aquatic animals.

3. Processing facility activities, including cleaning, reshaping or packing fresh or frozen aquatic animals or plants for distribution or resale.

4. Operating a fee fishing facility that permits the public to remove aquatic animals by any harvesting method from a privately controlled body of water as authorized by the direct or indirect payment of a fee.

B. This chapter does not apply to state or federal game and fish agencies.

C. Each facility or transporter must be separately licensed with the division including payment of the prescribed fee.

D. Each license issued under this section shall state the name and business address of the licensee, the name and address of the person designated as the licensee's agent to the division, the location of the premises for which it is issued, other than a transporter, and any other information deemed necessary by the director.

E. A licensee may not transfer or convey the license to any other person or entity. The license is valid only for the named licensee and for the particular premises identified on the license. If there is a transfer or change in the ownership of a licensee or the premises identified on the license, or a change in the licensee's agent, the licensee shall notify the division within thirty days.

F. A license is valid for one year from the date prescribed by the associate director. The license may be renewed by applying and paying the required renewal fee at any time within thirty days before the license expires. If a license expires, it may be renewed within ninety days after expiration by paying an additional prescribed fee increment. A license that has been expired for more than ninety days may not be renewed.

G. An application for an original or renewal license under this section shall be submitted to the division together with the appropriate fee on a form furnished by the department. An applicant shall furnish any additional information that may be required.

H. Within thirty days after receiving the completed application, the division shall either issue or deny the license. The division shall issue a license, in the name under which the applicant proposes to conduct business, to an applicant that has satisfied the licensing procedures and requirements of this article. If the applicant fails to meet the requirements for an original or renewal license under this article, the associate director shall notify the applicant by certified mail stating the reasons for the denial and advising the applicant of the right to request a hearing pursuant to title 41, chapter 6, article 10. The applicant must request the hearing in writing within thirty days after the date the notice is mailed. The associate director shall schedule the hearing to be held within thirty days after the request is received. If the record made at the hearing discloses that the applicant meets the qualifications and other requirements of this chapter, the hearing officer shall enter an order to that effect and direct that the appropriate license be issued. If the applicant is found to be unqualified or otherwise fails to meet the requirements of this article, the hearing officer shall enter an order to that effect.

I. The application for an original or renewal license shall be accompanied by a license fee set by the director according to the cost of administering this article, but not less than one hundred dollars.

J. A person who sells aquatic products at retail is exempt from the requirements of this section unless the person engages in any of the activities required to be licensed under subsection A.
A.R.S. § 3-1426 — Arizona Code / Title 3 / Chapter 11 / Article 8 / Section 1426
3-1426 Lawful fence defined
Status: in_force

3-1426. Lawful fence defined

A. A fence shall be deemed a lawful fence when it is constructed and maintained with good and substantial posts firmly placed in the ground at intervals of not more than thirty feet, upon which posts are strung and fastened at least four barbed wires of the usual type tightly stretched and secured to the posts and spaced so that the top wire is fifty inches above the ground and the other wires at intervals below the top wire of twelve, twenty-two, and thirty-two inches. If the posts are set more than one rod apart, the wires shall be supported by stays placed not more than seven and one-half feet from each other or from the posts, extending from the top wire of the fence to the ground, and each wire of the fence securely fastened thereto.

B. All fences constructed other than as provided in subsection A, or of other materials equally as strong and otherwise effective to turn livestock as the fences described in subsection A, shall also be deemed lawful fences within the meaning of this section.
A.R.S. § 3-101 — Arizona Code / Title 3 / Chapter 1 / Article 1 / Section 101
3-101 Definitions
Status: in_force

3-101. Definitions

In this title, unless the context otherwise requires:

1. "Department" means the Arizona department of agriculture.

2. "Director" means the director of the department.
A.R.S. § 3-367 — Arizona Code / Title 3 / Chapter 2 / Article 6 / Section 367
3-367 Private right of action
Status: in_force

3-367. Private right of action

A. Except as provided in subsection B of this section, any person having an interest that is or may be adversely affected may commence a civil action in superior court on the person’s own behalf:

1. Against any person, including this state and any political subdivision of this state, who is alleged to be in violation of this article or of an order, permit or rule adopted or issued pursuant to this article other than a de minimis violation. The court shall have jurisdiction to enforce the provision, order, permit or rule and to apply any appropriate civil penalty under section 3-370.

2. Against the director where there is alleged a failure of the director to perform any act or duty under this article that is not discretionary with the director. The court shall have jurisdiction to order the director to perform such act or duty.

B. No action may be commenced in either of the following cases:

1. Before sixty days after the plaintiff has given notice of the alleged violation to the department and to any alleged violator or if, within the sixty days, the director begins and diligently performs the act or duty sought to be compelled.

2. If the attorney general has commenced and is diligently prosecuting an action before the department under section 3-368 or a civil action in the superior court of this state to require compliance with the permit, order, rule or provision of this article.

C. In any action under this section:

1. The director, if not a party, may intervene as a matter of right.

2. The plaintiff has the burden of proof.

D. The court, in issuing any final order in any action brought pursuant to this section, may:

1. Award costs of litigation, including reasonable attorney and expert witness fees, to any party whenever the court determines such award is appropriate and, in addition, to the defendant in the case of a frivolous action.

2. Provide for injunctive or other equitable relief or assess civil penalties that could have been administratively assessed. Any monies collected as civil penalties shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

E. This section shall not be construed to abrogate the provisions of chapter 1, article 2 of this title.
A.R.S. § 3-905 — Arizona Code / Title 3 / Chapter 7 / Article 1 / Section 905
3-905 Destruction of protected plants by state
Status: in_force

3-905. Destruction of protected plants by state

A. Except in an emergency or as the state forester determines is necessary for the Arizona department of forestry and fire management to prevent, manage or suppress wildfires pursuant to section 37-1303, if a state agency proposes to remove or destroy protected native plants over an area of state land exceeding one-fourth acre, the agency shall notify the department in writing as provided in section 3-904 at least sixty days before the plants are destroyed, and any such destruction must occur within one year of the date of destruction disclosed in the notice. The department shall post and disseminate copies of the notice as provided in section 3-904, subsection E. This state and its agencies and political subdivisions are exempt from any fees established for salvaged plants.

B. If the director determines that the proposed action by the state agency may affect a highly safeguarded plant, the director shall consult with the state agency and other appropriate parties and use the best scientific data available to issue a written finding as to whether the proposed action would appreciably reduce the likelihood of survival or recovery of the plant taxon in this state. If the determination is affirmative, the director shall also specify reasonable, prudent and distinct alternatives to the proposed project that can be implemented and are consistent with conserving the plant taxon.

C. The director shall adopt rules for the disposal and salvage of native plants subject to removal or destruction by a state agency either under permit to other government agencies or nonprofit organizations or sale to the general public or commercial dealers. The department may issue permits to donate, sell, salvage or harvest the plants after the department ascertains the validity of the request and determines the kinds and approximate number of the plants involved. The permit shall specify the number and species of protected native plants and the area from which they may be taken.
A.R.S. § 3-273 — Arizona Code / Title 3 / Chapter 2 / Article 3 / Section 273
3-273 Labeling
Status: in_force

3-273. Labeling

A. Any commercial fertilizer offered for sale, sold or distributed in this state in bags, barrels or other containers shall have placed on or affixed to the container in printed form either on tags affixed to the end of the package on the sewed end or directly on the package the following information:

1. Name and address of licensee.

2. Brand name.

3. Grade as required by regulation.

4. Guaranteed analysis.

5. Net weight.

B. If distributed in bulk, a written or printed statement showing the net weight and the information required by paragraphs 1, 2, 3 and 4 of subsection A of this section shall accompany the delivery and be supplied to the purchaser.

C. In case of liquid materials, in lieu of stating the net weight as required in subsections A and B of this section, the net contents may be given in terms of liquid measure if the weight per gallon in terms of pounds per gallon at sixty-eight degrees Fahrenheit or the specific gravity at twenty degrees Celsius is also given.
A.R.S. § 3-3436 — Arizona Code / Title 3 / Chapter 19 / Article 3 / Section 3436
3-3436 Dispensing motor fuel; hold-open latches; grip guards; definition
Status: in_force

3-3436. Dispensing motor fuel; hold-open latches; grip guards; definition

A. A retail seller may equip all nozzles from which motor fuel is dispensed with an operating hold-open latch.

B. From and after September 30, 2018, all retail diesel fuel dispensers shall be equipped with nozzles that have green grip guards and all retail ethanol flex fuels shall be equipped with yellow grip guards.  Other product nozzles may not have green or yellow grip guards.

C. For the purposes of this section, "hold-open latch" means a device that is an integral part of the automatic nozzle and that is specifically manufactured to dispense motor fuel without requiring the consumer's physical contact with the automatic nozzle.
A.R.S. § 3-215.01 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 215.01
3-215.01 Violation; civil penalty
Status: in_force

3-215.01. Violation; civil penalty

A. A person who knowingly transports or causes the transportation of a crop pest or crop disease into this state is subject to a civil penalty as prescribed by subsection B of this section. A person who receives a certificate of release under section 3-209 is exempt from this section.

B. The director may bring an action under this section in superior court in the county in which a violation is alleged to have occurred. On finding a knowing violation, the court may assess the civil penalty in an amount it considers appropriate, but not exceeding five thousand dollars for each violation. In determining the amount of the penalty, the court shall consider at least the following items:

1. Any prior violations of the same nature within the preceding twenty-four months.

2. The actual consequences and danger of the crop pest or crop disease to the state or to the agricultural or horticultural industry in this state.

3. The commodity or other thing that carries the crop pest or crop disease into this state.

4. The class of crop pest or crop disease introduced.

5. Whether the defendant possesses a certificate of release.

6. Any abatement action taken by the defendant.

7. The extent of the infestation.

C. All civil penalties assessed pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 3-732 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 732
3-732 Eggs bearing warning tag or notice; removal of tag or movement of containers prohibited
Status: in_force

3-732. Eggs bearing warning tag or notice; removal of tag or movement of containers prohibited

No person shall move any eggs or their cases, cartons or containers to which a warning tag or notice has been affixed or remove the warning tag or notice from the place where it is affixed, except upon written permission or specific direction of the director.
A.R.S. § 3-3492 — Arizona Code / Title 3 / Chapter 19 / Article 6 / Section 3492
3-3492 Area A; sale of gasoline; oxygen content
Status: in_force

3-3492. Area A; sale of gasoline; oxygen content

A. From and after November 1 through March 31 of each year:

1. All gasoline that is supplied or sold by any person and that is intended as a final product for the fueling of motor vehicles within a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A or that is consumed in a motor vehicle in a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A by a fleet owner shall, for a gasoline-ethanol blend, contain not less than ten percent by volume of ethanol nor more than the maximum percentage of oxygen allowed by provisions of a waiver issued or other limits established by the United States environmental protection agency.

2. All gasoline that is supplied or sold by any person and that is intended as a final product for the fueling of motor vehicles within a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A or that is consumed in a motor vehicle within a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A by a fleet owner shall, for a blend other than a gasoline-ethanol blend, contain not less than 2.7 percent by weight of oxygen nor more than the maximum percentage of oxygen allowed by provisions of a waiver issued or other limits established by the United States environmental protection agency.

B. Notwithstanding subsection A of this section, the associate director of the division in consultation with the director of the department of environmental quality shall approve alternate fuel control measures that are submitted by gasoline providers and that the director and the associate director determine will result in motor vehicle carbon monoxide emissions that are equal to or less than emissions that result under compliance with subsection A of this section and section 3-3433. In making this determination, the associate director of the division and the director of the department of environmental quality shall compare the emissions of the alternate fuel control measure with the emissions of a fuel with a maximum vapor pressure standard as prescribed by section 3-3433 and with the minimum oxygen content or percentage by volume of ethanol as prescribed by this section.

C. Any alternate fuel control measures that are approved shall not increase emissions of non-methane hydrocarbons, particulates, carbon monoxide or oxides of nitrogen. Alternate fuel control measures approved pursuant to subsection B of this section and this subsection may be used by any gasoline provider unless the approval is rescinded more than one hundred eighty days before the first day of a gasoline control period. Gasoline providers that use an approved alternate fuel control measure shall annually submit a compliance plan to the associate director no later than sixty days before the first day of a gasoline control period.
A.R.S. § 3-2044 — Arizona Code / Title 3 / Chapter 13 / Article 2 / Section 2044
3-2044 Antemortem and postmortem inspection
Status: in_force

3-2044. Antemortem and postmortem inspection

A. Slaughtering establishments which have state meat inspection service shall have an "antemortem inspection". The inspector assigned to the slaughtering establishment shall examine each animal immediately prior to slaughter for the purpose of eliminating all unfit animals and segregating, for more thorough examination, all animals suspected of being affected with a condition which might influence their disposition on postmortem inspection. The unfit animals shall not be permitted to enter the slaughtering department of the plant, and the suspected animals shall not be permitted to enter the slaughtering department until they have been found by veterinary inspection to be fit for slaughter. The suspected animals that are permitted to be slaughtered shall be handled separate and apart from the regular kill and given a special postmortem examination.

B. Slaughtering establishments which have state meat inspection service shall have a "postmortem inspection". The postmortem examination shall be made at the time the animals are slaughtered. The inspectors shall examine the cervical lymph glands, the skeletal lymph glands, the viscera and organs with their lymph glands, and all exposed surfaces of the carcasses of all cattle, calves, sheep, swine, goats, horses, mules or other equines. The examination shall be conducted in the slaughtering department of the plant during the slaughtering operations.

C. The chief veterinary meat inspector or any of his deputies shall have a state or federal laboratory make pathogenic examination of animals or parts thereof for completion of antemortem or postmortem inspection.
A.R.S. § 3-496 — Arizona Code / Title 3 / Chapter 3 / Article 4 / Section 496
3-496 List of licensees; display of license
Status: in_force

3-496. List of licensees; display of license

A. The associate director may publish a pamphlet containing a list of all licensed dealers and shippers and the rules pertaining to the enforcement of this article.

B. Each licensed dealer and shipper shall keep the license in the dealer's or shipper's office or at the dealer's or shipper's principal place of business.
A.R.S. § 3-525.06 — Arizona Code / Title 3 / Chapter 3 / Article 4.1 / Section 525.06
3-525.06 Access to public information; exceptions; disclosure
Status: in_force

3-525.06. Access to public information; exceptions; disclosure

A. Documents, data and records received by the department and employees and agents of the department from a farm under this article are public records and are subject to disclosure as provided by law, except for:

1. Trade secrets, the disclosure of which would give an unfair advantage to competitors or would otherwise cause substantial harm to the farm's competitive position.

2. Financial information.

3. Documents, data and records derived from inspections and investigations under this article.

B. Any documents, data and records may be disclosed on a confidential basis to agencies or instrumentalities of any of the following that have data sharing agreements or data sharing credentials with the department or the United States food and drug administration:

1. The United States.

2. This state.

3. Political subdivisions of this state with which the director has a memorandum of understanding for the purposes of this subsection.

4. Indian tribal governments in this state.

5. Any other state:

(a) From which produce was transported into this state.

(b) Into which produce is transported from this state.

C. Any documents, data and records may be disclosed pursuant to:

1. The order of a court of competent jurisdiction.

2. A signed and notarized release by a farm authorizing the disclosure of specific information to a specific person or persons for a specific reason or reasons.

D. Aggregate statistical data derived from confidential information may be disclosed if the data does not identify, or enable the identification of, and is not attributable to, any individual farm. Information may not be disclosed pursuant to this subsection if a farm demonstrates that disclosure would give an unfair advantage to competitors or would otherwise cause substantial harm to the farm's competitive position.

E. A person, including a former employee or agent of the department or a person previously having an administrative duty for the department, who receives confidential information while an employee or agent of the department or while performing an administrative or enforcement duty for the department may not disclose that information except as provided in this article.
A.R.S. § 3-911 — Arizona Code / Title 3 / Chapter 7 / Article 1 / Section 911
3-911 Conservation and public education
Status: in_force

3-911. Conservation and public education

A. The department may conserve the highly safeguarded native plants including the use, and encouraging the use, of all methods and procedures that are necessary to bring the highly safeguarded native plants to the point where they are no longer in need of federal protection as endangered or threatened plants or state protection as highly safeguarded native plants.  These methods and procedures include all activities associated with scientific resource management such as research, census, law enforcement, habitat protection and maintenance, propagation and transplantation.

B. The department shall encourage commercial businesses engaged in land development or other activities conducted on private land to salvage protected native plants to the greatest extent feasible.

C. The department may produce, and collect reasonable fees for, seminars, courses, pamphlets and other educational programs and publications concerning the effect, intent and interpretation of this chapter, the identification, nature or condition of protected native plants and the feasibility and techniques for their conservation and salvage for presentation and dissemination to:

1. State agencies and political subdivisions, including state and local law enforcement agencies and counties or municipalities which have enacted or consider enacting ordinances preserving protected native plants.

2. Real estate and other commercial businesses engaged in land development and other activities conducted on private land.

3. Landowners and the public at large.

4. Persons or entities that are convicted of violating this chapter or rules and ordinances adopted pursuant to this chapter and that are ordered by the court to attend educational classes or programs as part of their sentences.

D. Notwithstanding section 35-148, subsection A, the director shall deposit any monies received under this section in the trust fund established by section 3-913.
A.R.S. § 3-2601 — Arizona Code / Title 3 / Chapter 15 / Article 1 / Section 2601
3-2601 Definitions
Status: in_force

3-2601. Definitions

In this article, unless the context otherwise requires:

1. "ALIRT agreement" means the Arizona livestock incident response team agreement established between the department and a university under the jurisdiction of the Arizona board of regents.

2. "Brand" means the term, design or trademark and other specific designation under which an individual commercial feed is distributed in this state.

3. "Commercial feed" means all materials, except whole seeds unmixed or physically altered entire unmixed seeds, that are distributed for use as feed or for mixing in feed. Commercial feed includes raw agricultural commodities distributed for use as feed or for mixing in feed when the commodities are adulterated within the meaning of section 3-2611.

4. "Customer-formula feed" means a mixture of commercial feed or feed materials, or both, each batch of which is mixed according to the specific instructions of the final purchaser.

5. "Distribute" means to offer for sale, sell, barter or otherwise supply commercial feeds or customer-formula feeds, but does not include or apply to any feeds supplied for consumption on the premises of the supplier.

6. "Division" means the environmental services division of the Arizona department of agriculture.

7. "Feed ingredient" means each of the constituent materials making up a commercial feed.

8. "Label" means a display of written, printed or graphic matter on or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed or customer-formula feed is distributed.

9. "Official sample" means any sample of feed taken by the director or the director's agent and designated as official.

10. "Per cent" or "percentage" means percentage by weight.

11. "Person" includes an individual, partnership, corporation, firm, association or agent.

12. "Sell" or "sale" includes exchange.

13. "Ton" means a net weight of two thousand pounds avoirdupois.
A.R.S. § 3-2086 — Arizona Code / Title 3 / Chapter 13 / Article 3 / Section 2086
3-2086 Transfer of license without fee
Status: in_force

3-2086. Transfer of license without fee

If any person acquires a business licensed pursuant to this chapter to wholesale meat, with the goodwill of the business, and continues to operate the business in substantially the same manner, in the same location and under the same firm name, the division may transfer the license to the new owner, on written application, without payment of a license fee if the new owner submits an affidavit stating, under penalty of perjury, that the new owner will comply with the law and will not slaughter animals or sell, exchange or expose meat for sale except according to law and the rules of the director.
A.R.S. § 3-904 — Arizona Code / Title 3 / Chapter 7 / Article 1 / Section 904
3-904 Destruction of protected plants by private landowners; notice; exception
Status: in_force

3-904. Destruction of protected plants by private landowners; notice; exception

A.  This chapter does not prevent the destruction of protected native plants or clearing of land or cleaning or removing protected native plants by the owner of the land or the owner's agent if:

1. The land is in private ownership.

2. The protected native plants are not transported from the land or offered for sale.

3. The owner or the owner's agent notifies the department pursuant to this section of the intended destruction at least:

(a) Twenty days before the plants are destroyed over an area of less than one acre.

(b) Thirty days before the plants are destroyed over an area of one acre or more but less than forty acres.

(c) Sixty days before the plants are destroyed over an area of forty acres or more.

4. The protected plants are destroyed within one year of the date of destruction disclosed in the notice given the department in paragraph 3 of this subsection.

B. The notice under subsection A, paragraph 3, subdivision (a) may be oral or written. The notice under subsection A, paragraph 3, subdivisions (b) and (c) must be in writing. The notice under subsection A, paragraph 3, whether written or oral, shall include:

1. The name and address of the owner of the land and, if the owner is not a resident of this state, the name and address of the owner's agent in this state to be contacted regarding the destruction or salvage of the native plants.

2. The earliest date that destruction of the protected native plants will begin.

3. A general description of the area in which the protected native plants will be destroyed.

4. Whether the owner intends to allow salvage of the plants to be destroyed.

C. The director by rule shall:

1. Prescribe the form and content of the notice that shall be adequate and comply with subsection B and shall provide landowners with copies of the notice on request.

2. Provide for an alternative procedure in cases in which the landowner is not required to notify the department in writing. The alternative procedure shall include:

(a) Oral notification by the landowners to the department.

(b) Preparation by the department of a written notice form. The department shall transmit a confirming copy to the landowner, and the owner may not begin destruction of protected native plants until the owner receives the written confirmation and the time prescribed under subsection A, paragraph 3 has elapsed.

D. The written notice form, whether completed by the landowner or the department, shall include the following notice in bold-faced type:

Notice: Consent of the landowner is required before entering any lands described in this notice.

E. Within five working days after receiving the notice required under this section the department shall post a copy of the notice in a conspicuous location in the public area of the division office that administers the department activities in the county where the land is located on which the native plants are to be destroyed. The division shall also mail a copy of the notice to any salvage operator or interested party that has requested notice of such activities occurring during the current calendar year. The director by rule may establish and the associate director shall collect a reasonable fee from those receiving copies of the notice to cover the cost of providing this notice.

F. If the department receives a notice of intended destruction under subsection A, paragraph 3 and subsequently receives a complete and correct application for a salvage permit executed by the owner of the land or the owner’s agent for any highly safeguarded or salvage restricted native plants intended to be destroyed under the notice, the department shall facilitate the prompt salvage of the plants by issuing a permit, and any associated tags and seals, within four working days.

G. The notice requirements of subsection A, paragraph 3 do not apply to the destruction of native plants that occurs in the normal course of mining, commercial farming and stock raising operations.

H. This section does not apply to the destruction of protected native plants on individually owned residential property of ten acres or less where initial construction has already occurred.
A.R.S. § 3-1302 — Arizona Code / Title 3 / Chapter 11 / Article 4 / Section 1302
3-1302 Taking animal without consent of owner; classification
Status: in_force

3-1302. Taking animal without consent of owner; classification

A person who knowingly takes from a range, ranch, farm, corral, yard or stable any livestock and uses it without the consent of the owner or the person having the animal lawfully in charge is guilty of a class 2 misdemeanor.
A.R.S. § 3-1772 — Arizona Code / Title 3 / Chapter 12 / Article 4 / Section 1772
3-1772 Raw milk; registering and testing herd of producer
Status: in_force

3-1772. Raw milk; registering and testing herd of producer

A. A person producing raw milk or raw milk products for sale to the ultimate consumer for human consumption shall register with the division the location and number of dairy cattle or goats supplying raw milk or milk products.

B. Cows or goats producing raw milk as prescribed in subsection A of this section shall be tested for tuberculosis at least annually, and the milk from such cows or goats shall be tested for brucellosis by the ring test method at least once each month, and all adult animals shall be blood tested for brucellosis annually. Cows or goats which do not test negative for tuberculosis or brucellosis as provided in this section shall be dealt with by the division as provided in sections 3-1205, 3-1742 and 3-1773.

C. The testing provided for in subsection B of this section shall be at the expense of the owner of the cows or goats.
A.R.S. § 3-3452 — Arizona Code / Title 3 / Chapter 19 / Article 4 / Section 3452
3-3452 Licensing fees; proration; cancellation for nonpayment
Status: in_force

3-3452. Licensing fees; proration; cancellation for nonpayment

A. The following fees shall be paid to the division as license fees for devices used for commercial purposes:

Schedules of Fees

1. Weighing devices:

0 - 500 pounds capacity (or metric equivalent)     $ 12.00

501 - 2,000 pounds capacity  18.00

2,001 - 7,500 pounds capacity  36.00

7,501 - 20,000 pounds capacity 80.00

20,001 - 60,000 pounds capacity 120.00

60,001 pounds capacity and over 180.00

2. Liquid metering devices (meters) other than

||||||for liquid petroleum gas and utility meters:

maximum 12 gallons per minute and under 12.00

maximum 13 - 150 gallons per minute     36.00

maximum 151 - 500 gallons per minute    90.00

maximum 501 - 1,000 gallons per minute  138.00

maximum 1,001 gallons per minute and over     168.00

3. Motor fuel devices (dispensers) other than

||||||for liquid petroleum gas (not including

||||||satellite hoses or nozzles):

Standard  Vapor Recovery Test

each meter        15.00     30.00

each blending valve     15.00     30.00

high volume (over 19 gallons per minute)

diesel per hose and nozzle   15.00

keylock, limited access, with accumulators,

per hose and nozzle    22.50

remote indicator and control unit (no hoses

or nozzles) (accessory only) 22.50

4. Liquid measuring devices for liquid petroleum

||||||gas (meters):

small bottle fill measuring devices     24.00

motor fuel measuring devices, uncompensated   24.00

motor fuel measuring devices, temperature

compensating, including compressed natural

gas filling devices    48.00

motor fuel measuring devices, keylocks  48.00

3/4" and 1" meters, uncompensated 48.00

1 1/4", 1 1/2" and 1 3/4" meters, uncompensated     72.00

2" meters and larger, uncompensated     72.00

3/4" and 1" meters, temperature compensating  54.00

1 1/4", 1 1/2" and 1 3/4" meters, temperature

compensating     90.00

2" meters and larger, temperature compensating      96.00

5. Linear measuring devices:

||||||||all linear measuring mechanical devices 24.00

6. Time measuring devices:

||||||||all time measuring mechanical, electrical and

|||||||||||| electronic devices     24.00

7. Counting devices:

all mechanical and electronic counting devices      12.00

B. Testing, inspection, certification and calibration fees shall be paid pursuant to the fee schedule set forth in subsection A of this section or the rules of the division.  The division shall waive license fees for customer parking time measuring meters owned by municipalities.

C. Issuance or renewal of license as:

1. Public weighmaster  48.00

2. Registered service agency 24.00

3. Registered service representative      4.80

D. The fees set forth in this section are the maximum amounts that may be charged, but the associate director, at the associate director's discretion, may reduce the fees to any amount the associate director deems necessary.

E. The associate director may prorate the fees set forth in this section for partial-year application.

F. If a person fails to pay a license, permit or certification fee on or before the date the fee is due, the division shall impose a penalty equal to twenty percent of the fee.  For each thirty-day period after the date the fee is due, the division shall impose an additional penalty equal to twenty percent of the fee. If a person fails to pay a license, permit or certification fee and all related penalties for ninety days after the fee is due, the division shall cancel the license, permit or certification.
A.R.S. § 3-461 — Arizona Code / Title 3 / Chapter 3 / Article 2 / Section 461
3-461 Unlawful packing or sale of fruit
Status: in_force

3-461. Unlawful packing or sale of fruit

A. It is unlawful to pack or cause to be packed, to sell or offer for sale, to deliver for shipment, load, ship or transport for shipment, whether in domestic, interstate or foreign commerce, citrus fruit which does not conform to this article.

B. It is unlawful to prepare, deliver for shipment, load, ship, transport, offer for sale or sell for shipment from the state, in interstate or foreign commerce, or for domestic sale, a deceptive pack, load, arrangement or display of citrus fruit, or to mislabel a container or display of fruit.
A.R.S. § 3-3411 — Arizona Code / Title 3 / Chapter 19 / Article 2 / Section 3411
3-3411 Standard weights and measures
Status: in_force

3-3411. Standard weights and measures

The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one or both of such systems shall be used for all commercial purposes in the state. The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents, as published by the national institute of standards and technology are recognized and shall govern weighing and measuring equipment and transactions in the state.
A.R.S. § 3-242 — Arizona Code / Title 3 / Chapter 2 / Article 2 / Section 242
3-242 Violations; civil penalties
Status: in_force

3-242. Violations; civil penalties

A. The director may assess a civil penalty of at least fifty dollars but not more than three hundred dollars for each violation, with each affected customer constituting a separate violation, against a seed dealer or labeler who, after a hearing, is found by a preponderance of the evidence:

1. To have not completed the test to determine the percentage of germination required by section 3-237 immediately before the sale, offering for sale or transportation:

(a) Within a nine month period, exclusive of the calendar month in which the test was completed, for any agricultural, ornamental or vegetable seed intended for wholesale or commercial producer purchase.

(b) Within a fifteen month period, exclusive of the calendar month in which the test was completed, for any agricultural, ornamental or vegetable seed intended for retail purchase.

2. To have not obtained any license that is required by this article.

B. The director may assess a civil penalty of not more than two thousand five hundred dollars for each violation, with each affected customer constituting a separate violation, against a seed dealer or labeler who, after a hearing, is found by a preponderance of the evidence:

1. To have labeled or sold seed represented to be certified seed, registered seed or foundation seed unless it has been produced and labeled according to the rules and regulations of an officially recognized seed certification or registration agency.

2. To have labeled or sold seed that has been treated with any approved substance designed to control or repel plant disease organisms or insect pests attacking the seeds, unless each container bears a label giving information in the form the director prescribes by rule, showing the commonly accepted name and the kind or nature of the substance and, if the substance may be harmful to humans or other vertebrate animals, a warning or cautionary statement that is adequate to protect the public.

3. To have hindered or obstructed an authorized agent of the department from performing official duties under this article.

4. To have failed to comply with a cease and desist order.

5. To have labeled or sold seed that has a false or misleading label.

6. To have labeled or sold seed that has been advertised in a false or misleading manner.
A.R.S. § 3-267 — Arizona Code / Title 3 / Chapter 2 / Article 3 / Section 267
3-267 Inspections; official samples; analysis; report
Status: in_force

3-267. Inspections; official samples; analysis; report

A. The director, who may act through an authorized agent, shall sample, inspect and make analyses of fertilizer materials distributed within the state at such time and place and to such an extent as the director deems necessary to determine whether or not such fertilizer materials are in compliance with the provisions of this article. The director, individually or through an agent, may enter upon any public or private premises during regular business hours in order to have access to such fertilizer materials subject to the provisions of this article and the rules pertaining to this article.

B. The director, in determining for administrative purposes whether or not fertilizer materials are deficient in any of their component parts, shall be guided solely by the official sample as defined in section 3-262, subsection B, and obtained and analyzed as provided in subsection A of this section.

C. The results of official analyses of any fertilizer material that has been found to be subject to penalty or other legal action shall be forwarded by the director to the licensee or other responsible person and to the purchaser within thirty days after the sample is taken.  Upon request within thirty days of the issuance of the analytical report, the director shall furnish to the licensee or other responsible person a portion of any sample found subject to penalty or other legal action.
A.R.S. § 3-362 — Arizona Code / Title 3 / Chapter 2 / Article 6 / Section 362
3-362 Powers and duties
Status: in_force

3-362. Powers and duties

A. The director is responsible for administering this article and shall:

1. Conduct investigations, on complaint and on his own initiative, regarding violations of this article and compile information necessary to administer this article.

2. Take timely action necessary to enforce this article against violators including seeking injunctive relief and other penalties and sanctions authorized by this article.

3. Publish a list of pesticides, by common and proprietary names, which the director determines to be highly toxic, odoriferous, such as profenofos, sulprofos, def and merphos and other pesticides with similar odoriferous characteristics, or otherwise appropriate for inclusion and shall include in that list paraquat and gramoxone.

4. Submit to the United States environmental protection agency a state plan for issuing, monitoring, and controlling experimental use permits pursuant to section 5 of the federal insecticide, fungicide, and rodenticide act (7 United States Code section 136c(f)).

5. Develop systems and procedures to encourage and ensure public contact with the department, which may include:

(a) A telephone hotline for pesticide complaints, which is operated and publicized by the department.

(b) Outreach and education programs to inform the general public and solicit input regarding pesticide use and public health, safety and the environment.

B. The director may enter into intergovernmental agreements pursuant to title 11, chapter 7, article 3 if the agreement is necessary to more effectively administer the powers and duties described in this article.
A.R.S. § 3-3474 — Arizona Code / Title 3 / Chapter 19 / Article 5 / Section 3474
3-3474 Presumptive evidence of use
Status: in_force

3-3474. Presumptive evidence of use

When a weight, measure, meter, counter or commercial device is in or about any place in which or from which buying or selling is commonly carried on, there shall be a rebuttable presumption that the weight, measure, meter, counter or commercial device is regularly used for the business purpose of the place.
A.R.S. § 3-3624 — Arizona Code / Title 3 / Chapter 20 / Article 3 / Section 3624
3-3624 Unlawful acts; violations; classification
Status: in_force

3-3624. Unlawful acts; violations; classification

A. A person shall not:

1. Engage in the business of pest management, commence work on a contract or sign, issue or deliver any document expressing an opinion or statement relating to pest management without a business license issued pursuant to this chapter, unless the person is otherwise exempt pursuant to this chapter.

2. Engage in the business of pest management in any category without a qualifying party who is registered in that category.

3. Operate a branch office without a registered branch supervisor under whose direct supervision pesticide applications are made out of that office.

4. Apply pesticides in any category other than wood-destroying organism management or fumigation unless the person is an applicator certified in that category or applies the pesticides under the direct supervision of an applicator certified in that category.

5. Apply pesticides in the category of wood-destroying organism management, aquatic pest management or fumigation unless the person is an applicator certified in that category or the person applies the pesticides under the immediate supervision of an applicator certified in that category.

6. Make recommendations regarding pest management unless the person is a certified applicator.

7. Deny the director or any agent of the director the right to be present on a jobsite in connection with a contemporaneous pest management treatment, including for the purpose of taking pesticide samples and soil samples.

B. The following nonexclusive acts are grounds for disciplinary action:

1. Violating this chapter, rules adopted pursuant to this chapter or a written order of the director.

2. Making false or fraudulent records or reports.

3. Misrepresenting a material fact in obtaining a license.

4. Applying pesticides in a manner that is inconsistent with the label and labeling of the pesticide or that may cause harm to the public, the environment or nontarget animals.

5. Misusing a pesticide if the misuse is due to the failure of the person to properly train or supervise.  Proper training includes training to read and understand the label and labeling and to understand the proper use of application equipment. Proper supervision includes oversight of applicators to ensure general compliance with the label and labeling and all applicable laws.

6. Authorizing, directing or abetting the publication, advertisement, distribution or circulation of any false statement or material misrepresentation concerning a business of pest management.

7. Engaging in the business of pest management or providing pest management services under a suspended license.

8. Being convicted of a felony, a misdemeanor arising from or in connection with a license issued pursuant to this chapter after issuance of the license or a misdemeanor involving moral turpitude.

9. Having had a license, or the equivalent, to apply pesticides or engage in the business of pest management suspended or revoked in another jurisdiction for cause.

10. Making a fraudulent statement or an intentional material misrepresentation in connection with a wood treatment proposal or a wood-destroying insect inspection report.

11. Having three or more de minimis violations of this chapter or rules adopted under this chapter.

12. Failing to provide the director with a current certificate of insurance or proof of financial responsibility.

13. Failing to provide a proper final grade treatment within twelve months after the original pretreatment or new-construction treatment.

14. Providing immediate supervision of more uncertified applicators at a time than is authorized by rule.

15. Failing to make and maintain true and accurate records of treatments performed or wood-destroying insect inspection reports, including those performed under warranty or guarantee, for at least three years after the date of treatment or inspection.

16. Failing to make treatment records available on request of the property owner or the property owner's authorized agent within three business days.

17. Failing to permit the director or any duly authorized agent to promptly inspect records pertaining to pest management located at an office of a business licensee when an employee or the owner of the business licensee is present at the business office and has access to the records.

18. Failing to timely produce specific records requested pursuant to section 3-3603, subsection B, paragraph 4.

19. Violating the terms of a consent agreement or written order of the director.

C. A person who violates subsection A, paragraph 1 of this section with reckless disregard for the health and safety of other persons or property is guilty of a class 6 felony.
A.R.S. § 3-232 — Arizona Code / Title 3 / Chapter 2 / Article 2 / Section 232
3-232 Enforcement of article
Status: in_force

3-232. Enforcement of article

A. The director shall enforce the provisions of this article. The director shall:

1. Sample, inspect, analyze and test agricultural, vegetable and ornamental plant seed transported, sold or offered or exposed for sale for sowing purposes, as provided by section 3-233 and to the extent he deems necessary to determine whether the agricultural, vegetable and ornamental plant seeds are in compliance with the provisions of this article, and he shall notify promptly the person who transported, sold, offered or exposed the seed for sale of any violation.

2. Prescribe and, after public hearing following due public notice, adopt rules governing:

(a) The methods of sampling, inspecting, analyzing, testing and examining agricultural, vegetable and ornamental plant seed and the tolerances to be followed in the administration of this article that comply with the federal seed act (7 United States Code sections 1551 through 1611; 53 Stat. 1275) and the rules and regulations promulgated under that act.

(b) A prohibited and restricted noxious weed list and subsequent revisions to the list.

(c) Reasonable standards of germination for vegetable seeds.

(d) Such other rules as are necessary to secure the efficient enforcement of this article.

3. Designate seed-certifying agencies which he finds qualified to certify agricultural or vegetable seeds as to variety, purity, quality or other related designations. The director shall consult with the director of the university of Arizona agricultural experiment station before approving the qualifications of any agency to certify as to variety, strain or other genetic character of agricultural or vegetable seeds.

B. The director may assign personnel from the office of inspections to perform any of the inspection-related activities prescribed by this article.
A.R.S. § 3-1345.01 — Arizona Code / Title 3 / Chapter 11 / Article 5 / Section 1345.01
3-1345.01 Equine inspection fund
Status: in_force

3-1345.01. Equine inspection fund

The equine inspection fund is established consisting of fees collected pursuant to section 3-1344, subsection B and section 3-1345, subsection B. The department of agriculture shall administer the fund.  Monies in the fund are continuously appropriated for the issuance of equine ownership and hauling certificates.
A.R.S. § 3-3512 — Arizona Code / Title 3 / Chapter 19 / Article 7 / Section 3512
3-3512 Stage I vapor recovery systems; stage II vapor recovery systems
Status: in_force

3-3512. Stage I vapor recovery systems; stage II vapor recovery systems

A. A person shall not offer for sale, sell, install or use a new gasoline stage I vapor recovery system, or any new or rebuilt component parts of the system, unless the system or component part has been certified by the California air resources board as of March 31, 2001 or after that date, or has been approved by a third party that is accredited to test equipment and recognized by industry and the division, and has not been rejected by the division. The division shall maintain and keep current a list of stage I vapor recovery systems and component parts that are approved by the division. Only those systems that are approved shall be used in this state.  All certified vapor recovery components must be clearly identified by a permanent identification affixed by the certified manufacturer or rebuilder.

B. For gasoline dispensing sites with a throughput of over ten thousand gallons per month in area A or area B, a person shall not transfer or allow the transfer of gasoline into storage tanks at gasoline dispensing sites unless the storage tank is equipped with a stage I vapor recovery system consisting of a vapor-tight return line from the storage tank or its vent to the gasoline transport vehicle.

C. An owner or operator of a gasoline storage tank, gasoline transport vehicle or gasoline dispensing site that is subject to stage I vapor recovery requirements shall comply with the following:

1. Install all necessary stage I vapor recovery systems and make any modifications necessary to comply with the requirements.

2. Provide adequate training and written instructions to the operator of the affected gasoline dispensing site and the gasoline transport vehicle.

3. Replace, repair or modify any worn or ineffective component or design element to ensure the vapor-tight integrity and efficiency of the stage I vapor recovery systems.

4. Connect and ensure proper operation of the stage I vapor recovery systems whenever gasoline is being loaded, unloaded or dispensed.

5. In area A and other geographical areas as provided by subsection G of this section, have the stage I vapor recovery system tested annually by a registered service representative that is licensed by the division.

D. Before the initial installation or modification of any stage I vapor recovery system, the owner or operator of a gasoline storage tank, gasoline transport vehicle or gasoline dispensing site shall obtain a plan review and approval from the division. Application for the plan review and approval shall be on forms prescribed and provided by the division.

E. The division in consultation with the department of environmental quality and the office of the state fire marshal shall establish by rule standards for the installation and operation of stage I vapor recovery systems. The division shall establish by rule plan review and approval fees. In establishing those rules and standards, the associate director shall consider requirements in other states to ensure that only state-of-the-art technology is used.

F. Approval of a stage I vapor recovery system by the division does not relieve the owner or operator of the responsibility to comply with other applicable statutes, codes and rules pertaining to fire prevention, environmental quality and safety matters.

G. Any county, city or town outside of area A or area B may require gasoline dispensing sites with a throughput greater than ten thousand gallons per month to install, operate and maintain stage I vapor recovery systems in accordance with this section. Any county, city or town, including cities and towns within area B, also may require annual testing of required stage I vapor recovery systems pursuant to subsection C of this section. For a county, city or town considering the adoption of a resolution to require stage I vapor recovery systems or annual testing within its jurisdiction and on request, the department of environmental quality shall provide technical assistance in evaluating the air quality in that county, city or town and shall provide final review and approval of an adopted resolution.

H. A county board of supervisors or governing body of a city or town shall submit a resolution approved by the department of environmental quality to the associate director of the division requesting the imposition of the requirements for stage I vapor recovery systems within its jurisdiction.

I. The associate director shall adopt, by rule, compliance schedules for gasoline dispensing sites located within the jurisdiction requesting stage I vapor recovery system requirements no later than twelve months after receipt of the resolution from the county board of supervisors or governing board of a city or town. All gasoline dispensing sites shall be required to comply with stage I vapor recovery system rules within twenty-four months after the rules have been filed with the secretary of state.  Sites with stage I vapor recovery systems that are already installed must comply with the testing requirements at the time the rules become effective.

J. A county board of supervisors or governing body of a city or town that adopts the requirements for stage I vapor recovery systems may repeal those requirements by adopting a resolution to remove the imposition of those requirements within its jurisdiction unless the county, city or town is in an ozone nonattainment area that has since been designated as moderate, serious or severe by the United States environmental protection agency under section 107(d) of the clean air act. On receipt of the resolution, the associate director of the division shall consult with the director of the department of environmental quality to verify that a county, city or town is outside of an ozone nonattainment area designated as moderate, serious or severe by the United States environmental protection agency under section 107(d) of the clean air act. After consultation with the department of environmental quality, the associate director of the division shall revise the rules to repeal the requirements for stage I vapor recovery systems within that jurisdiction as soon as practicable.

K. From and after September 30, 2018, stage II vapor recovery systems that collect vapors during vehicle refueling are prohibited in an ozone nonattainment area designated as moderate, serious, severe or extreme by the United States environmental protection agency under section 107(d) of the clean air act or area A.
A.R.S. § 3-2602 — Arizona Code / Title 3 / Chapter 15 / Article 1 / Section 2602
3-2602 Administration and enforcement
Status: in_force

3-2602. Administration and enforcement

A. In addition to other duties imposed by law, the associate director of the division shall administer and enforce the provisions of this article under the supervision of the director.

B. The salaries and expenses of travel and subsistence for employees who administer and enforce this article shall be paid from the commercial feed trust fund.
A.R.S. § 3-582 — Arizona Code / Title 3 / Chapter 3 / Article 9 / Section 582
3-582 Arizona grain research and promotion council; appointment; term
Status: in_force

3-582. Arizona grain research and promotion council; appointment; term

A. An Arizona grain research and promotion council is established that is composed of seven producers appointed by the governor.  To be qualified for appointment to council membership a person must be a resident of and producer in this state.

B. The term of office of council members is three years, expiring on January 31. The qualifications of members as provided for in this section must continue during their term of office or their office will be declared vacant. The governor shall appoint a person when a vacancy occurs to serve for the remainder of the unexpired term.

C. Members of the council shall serve without compensation but are entitled to reimbursement for subsistence and travel as provided by title 38, chapter 4, article 2.
A.R.S. § 3-481 — Arizona Code / Title 3 / Chapter 3 / Article 4 / Section 481
3-481 Definitions
Status: in_force

3-481. Definitions

In this article, unless the context otherwise requires:

1. "Associate director" means the associate director of the division.

2. "Bulk lot" means fresh fruit or vegetables that are not contained in a box, carton, crate or lug but may be contained in a bin or a similar container and are set apart from fresh fruit and vegetables that are packaged in containers authorized pursuant to this article or rules adopted pursuant to this article.

3. "By-products" means a product that is commercially processed or manufactured for resale from fruits or vegetables or their juices.

4. "Commission merchant" means a person that receives on consignment or solicits from the producer any fruit or vegetable for sale on commission on behalf of the producer or that accepts any fruit or vegetable in trust from the producer for the purpose of resale. Commission merchant does not include a shipper.

5. "Container" means a box, carton or lug that is used for packing, shipping or selling fruit or vegetables that are authorized by this article or rules adopted pursuant to this article.

6. "Dealer" means a person that sells, markets or distributes fruit or vegetables that the person purchased from a producer or markets as an agent, broker or commission merchant, except at retail. Dealer does not include a shipper.

7. "Division" means the citrus, fruit and vegetable division of the department.

8. "Lot" means a unit of identical or similar items that are produced by one person and that are grouped or consolidated in one or more containers for packaging or transporting or a cluster of identical or similar items that are produced by one person and that are included in the same shipping order, bill of lading or other itemized transport order.

9. "Packer" means a person, other than a producer, shipper or dealer, that is engaged in the business of harvesting or packing fruit or vegetables.

10. "Person" includes an individual, firm, association, partnership, trust or corporation.

11. "Producer" means a person that is engaged in this state in the business of producing or causing fruit or vegetables to be produced for market in commercial quantities.

12. "Shipper" means a person that ships, transports, sells or markets fruit or vegetables under the person's registered trademark or label or a person that first markets the fruit or vegetables on behalf of the producer. Shipper does not include a commission merchant.
A.R.S. § 3-1347 — Arizona Code / Title 3 / Chapter 11 / Article 5 / Section 1347
3-1347 Violation; classification
Status: in_force

3-1347. Violation; classification

Unless otherwise provided any person who does not comply with this article is guilty of a class 3 misdemeanor.
A.R.S. § 3-494 — Arizona Code / Title 3 / Chapter 3 / Article 4 / Section 494
3-494 Denial or revocation of license; hearing
Status: in_force

3-494. Denial or revocation of license; hearing

A. In determining whether to refuse to issue a license, the associate director shall consider:

1. The facts and circumstances surrounding a prior denial or revocation in any state and the date of the prior denial or revocation.

2. The financial condition of the applicant as of the date of the application.

3. Any outstanding judgments against the applicant.

4. Previous violations of this article and rules adopted pursuant to this article by any person who is an officer, director, member or trustee of the applicant.

5. Fraudulent, misleading or incomplete statements in the application.

6. Any other facts the associate director considers necessary to determine the qualifications of the applicant.

B. The associate director may revoke a license if the licensee commits any of the following acts:

1. Fails or refuses within a reasonable time to render a true account of sale, to make a proper settlement of the account or to pay for citrus fruit, fruit or vegetables received.

2. Fails or refuses to pay assessment fees, penalties or interest due and owing under this article and rules adopted pursuant to this article for a period of four months.

3. Knowingly makes false or misleading statements as to the condition of any citrus fruit, fruit or vegetable.

4. Makes fraudulent charges or returns for handling or selling any citrus fruit, fruit or vegetable or for rendering any service in connection with handling or selling any citrus fruit, fruit or vegetables.

5. Makes fraudulent or misleading statements to obtain a license.

6. Reconsigns a consignment to receive, collect or charge more than one commission without the consent of the consignor.

7. Any violation of section 3-521.

C. A person whose license has been denied or revoked may request a hearing pursuant to title 41, chapter 6, article 10.
A.R.S. § 3-1336 — Arizona Code / Title 3 / Chapter 11 / Article 5 / Section 1336
3-1336 Inspection of livestock to be slaughtered, sold or transported; fee; violation; classification
Status: in_force

3-1336. Inspection of livestock to be slaughtered, sold or transported; fee; violation; classification

A. Except as otherwise provided in this section, livestock, other than equines, swine and livestock inspected by movers of livestock or at feedlots or dairies pursuant to section 3-1337, shall not be slaughtered, sold, purchased, driven, transported, shipped or conveyed unless the animals have been inspected by a livestock officer or inspector for health, brands and marks before they are slaughtered, sold, purchased, driven, transported, shipped or conveyed and the inspection fee has been paid.

B. The owner or agent of the owner of the livestock to be slaughtered, sold, driven, transported, shipped or conveyed as provided in subsection A of this section shall notify the nearest livestock officer or inspector of that intention.

C. Equines consigned to either licensed Arizona livestock auctions or other special auctions approved by the department from out of state or from Indian reservations in this state or from other state or federal agencies without prior inspection shall be inspected on delivery at an auction.

D. All livestock other than equines sold at auctions shall be inspected out on an inspection certificate or auction invoice validated by the department.

E. The owner or producer of livestock excluding equines may slaughter or transport to another person to slaughter that livestock without having the animal inspected and without paying the inspection fee or service charge if the meat of the slaughtered livestock is solely for home consumption by the owner and if the owner contacts a livestock officer or inspector within a forty-eight-hour period before the slaughter and is able to establish proof of ownership either by a prior inspection certificate or by a recorded brand on the animal or proof that the animal was raised by said owner, and the hide is inspected as provided for in section 3-2011. If proof of ownership cannot be established to the satisfaction of the livestock officer or inspector, the livestock officer or inspector may require an inspection before the slaughter.

F. The associate director may waive an inspection for brands and marks before the slaughter of an animal if a federal or state meat inspector on the premises certifies on a form provided by the department that, as determined by an antemortem inspection, the animal is in a distressed condition and for humane reasons should be slaughtered immediately if it is otherwise fit for slaughter and if the hide, carcass and certification are segregated and held pending inspection for brands and marks. The associate director may waive inspections under this subsection only for individual animals, and a separate certification shall be made for each animal.

G. Livestock officers or inspectors shall not inspect livestock for health before they are slaughtered at an establishment that is subject to federal meat inspections as provided under chapter 13 of this title.

H. A person violating any provision of this section is guilty of a class 3 misdemeanor.

I. If a federal governmental entity seizes any privately owned animals subject to brand inspection pursuant to this chapter, the department or its authorized inspector shall not issue brand inspection certificates or permits to remove the animals or for the transfer of ownership of the animals by sale or otherwise unless one of the following occurs:

1. The department receives consent from the owner.

2. The owner is unknown.

3. Before the seizure, the federal governmental entity obtains approval for the seizure from a court of competent jurisdiction and submits a copy of the order approving the seizure to the department or its authorized inspector.

J. This section does not apply to:

1. A feral animal.

2. Wild free-roaming horses and burros, as defined in 16 United States Code section 1332.

3. A stray animal.

4. An animal that is seized by a governmental entity to protect the health and safety of the public or to prevent cruelty to the animal.
A.R.S. § 3-3417 — Arizona Code / Title 3 / Chapter 19 / Article 2 / Section 3417
3-3417 Fees to state general fund
Status: in_force

3-3417. Fees to state general fund

The associate director shall deposit, pursuant to sections 35-146 and 35-147, all fees collected in the state general fund.
A.R.S. § 3-2092 — Arizona Code / Title 3 / Chapter 13 / Article 3 / Section 2092
3-2092 Violation; classification
Status: in_force

3-2092. Violation; classification

Any person who violates any provision of this chapter for which a specific criminal classification is not prescribed is guilty of a class 2 misdemeanor.
A.R.S. § 3-1269 — Arizona Code / Title 3 / Chapter 11 / Article 3 / Section 1269
3-1269 Use of unrecorded brand prohibited; violation; classification; exception
Status: in_force

3-1269. Use of unrecorded brand prohibited; violation; classification; exception

A. A person who knowingly brands livestock with an unrecorded, cancelled, suspended or forfeited brand is guilty of a class 3 misdemeanor.

B. This section does not apply to persons that brand livestock with year, birth, numeric herd or alphabetic herd brands.
A.R.S. § 3-409 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 409
3-409 Findings
Status: in_force

3-409. Findings

A. Based on testimony received at the public meeting, the director may recommend to the petitioners that the proposed marketing order be modified. If the petitioners make any substantial changes to the proposed marketing order after the public meetings, there shall be at least one additional public meeting to receive evidence and testimony regarding the revised marketing order. If the petitioners make only technical changes to the proposed marketing order, no additional public meeting is required.

B. The director shall approve the marketing order if the director finds:

1. The same marketing agreement or marketing order program is not in effect for the affected commodity in the territory described by the proposed marketing order.

2. The marketing order complies with this article.

3. The costs of administering the proposed marketing order are met by the proposed assessment, if an assessment is necessary.

C. The director shall issue a decision to be mailed to all persons appearing at the public meeting within twenty days after the conclusion of all public meetings. The decision shall state the director's findings, the method of voting on the proposed marketing order and a summary of the evidence and testimony presented at the public meetings.
A.R.S. § 3-2168 — Arizona Code / Title 3 / Chapter 13 / Article 5 / Section 2168
3-2168 Cost of inspection
Status: in_force

3-2168. Cost of inspection

The cost of inspection shall be borne by this state, except as provided in section 3-2152 and except that the cost of overtime and holiday work performed in establishments subject to the provisions of this article, at such rates as the director may determine, shall be borne by such establishments. Sums received by the department in reimbursement for sums paid out by it for such premium pay work shall be available without fiscal year limitation to carry out the purposes of this section.
A.R.S. § 3-2003 — Arizona Code / Title 3 / Chapter 13 / Article 1 / Section 2003
3-2003 Grant of licenses; fees; expiration date
Status: in_force

3-2003. Grant of licenses; fees; expiration date

A. The division may grant a license to slaughter livestock, sheep, goats or swine as set forth in the license issued on payment of the fees.

B. The fees shall be as follows:

1. For not to exceed forty-five head of livestock, and not to exceed fifty-five head of sheep, goats or swine in one calendar year, $5.

2. For more than forty-five and not to exceed one hundred fifty head of livestock and more than forty-five and not to exceed one hundred sixty head of sheep, goats or swine in one calendar year, $15.

3. For more than one hundred fifty head of livestock and more than one hundred sixty head of sheep, goats or swine in any one calendar year, $80.

C. Licenses issued under this section expire on December 31 of the year in which they are issued.
A.R.S. § 3-424 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 424
3-424 Initiation of the marketing agreement process; contents
Status: in_force

3-424. Initiation of the marketing agreement process; contents

A. Two or more persons who produce or ship the affected commodity shall file an application with the director together with a filing fee of five hundred dollars to cover the costs of the public meeting. If the public meeting costs less than five hundred dollars, the difference shall be refunded to the applicants. The application shall state:

1. The affected commodity to be regulated by the marketing agreement.

2. A description of the territory of this state to be regulated by the marketing agreement.

3. The category of persons to be regulated by the marketing agreement.

4. A draft of the proposed marketing agreement.

5. Any other relevant information.

B. A marketing agreement shall:

1. Describe the territory of this state to be regulated by the marketing agreement and the persons to be regulated by the marketing agreement.

2. State the type of marketing agreement program.

3. Specify the number of marketing committee members and the official name of the committee if a marketing committee is to be established.

4. Provide for the rate of assessments in amounts sufficient to cover all expenses of the marketing agreement if assessments are required and specify a method of collecting assessments.

5. State whether the marketing agreement applies to producers or shippers, or both. If the marketing agreement applies to shippers only, shippers shall pay any assessments owing and shall not charge producers any assessments for the marketing agreement. If the marketing agreement applies to both producers and shippers, the shippers shall not charge producers any assessments that the shipper is required to pay pursuant to the marketing agreement.

6. Apply uniformly to all persons of the same category.

7. State whether the costs of the filing fee will be reimbursed by any assessments received pursuant to the marketing agreement.

8. State the amount of time an inspector may hold a lot found to be in violation of the marketing agreement and specify the time period allowed to recondition the product pursuant to section 3-420.

C. The marketing agreement may apply to more than one commodity and may state any other relevant information.
A.R.S. § 3-610 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 610
3-610 Diseased handlers of dairy products prohibited; health examination
Status: in_force

3-610. Diseased handlers of dairy products prohibited; health examination

No person known to have a contagious or infectious disease shall occupy a room in which dairy products are handled, or actively engage in handling or in any operation of producing, processing, manufacturing, distributing, transporting or dispensing dairy products. A person so engaged shall at his own expense submit to a health examination at the request of the associate director.
A.R.S. § 3-212 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 212
3-212 Infested plants; sale or transportation prohibited; disposition of infested or wormy apples and pears
Status: in_force

3-212. Infested plants; sale or transportation prohibited; disposition of infested or wormy apples and pears

A. It is unlawful to offer for sale, sell, give away or transport, except from the state as provided in section 3-211, plants, fruits, vegetables or seeds known to be infested by dangerously injurious insects or plant diseases or known to harbor any pest whatsoever.

B. When apples or pears are infested by the coddling moth, plain evidence of injury by this insect to the fruit shall constitute a condition of infestation.

C. When the director believes the protection of the industry requires such action, fruit commonly known as "wormy," together with other apples or pears in the same container or lot together with the containers, shall be declared a public nuisance by the director, and offering for sale, selling, giving away or transporting the fruit after it is declared a public nuisance is unlawful.
A.R.S. § 3-2053 — Arizona Code / Title 3 / Chapter 13 / Article 2 / Section 2053
3-2053 Slaughtering and mixing prohibition
Status: in_force

3-2053. Slaughtering and mixing prohibition

A. It is unlawful to slaughter horses, mules or asses in the same slaughtering establishment as cattle, sheep, swine or goats, or to bring horse meat or inedible meat or meat products into establishments where meat or meat food products are prepared for human consumption from the meat of cattle, sheep, goats or swine.

B. It is unlawful to add horse meat to meat or meat food products prepared from the meat of cattle, sheep, goats or swine.
A.R.S. § 3-109 — Arizona Code / Title 3 / Chapter 1 / Article 1 / Section 109
3-109 Unlawful influence; classification
Status: in_force

3-109. Unlawful influence; classification

A. An officer, inspector or other employee of this state authorized to perform any of the duties prescribed by this title who knowingly accepts any money, gift or other thing of value from any person, firm or corporation or their officers, agents or employees given with intent to influence his official action is guilty of a class 4 felony.

B. Any person, firm or corporation or any agent or employee of any person, firm or corporation who knowingly gives, pays or offers, directly or indirectly, to any officer, inspector or other employee of this state who is authorized to perform any of the duties prescribed by this title or by the rules adopted under this title any money or other thing of value with intent to influence the officer, inspector or employee in the discharge of any duty provided for by this title is guilty of a class 4 felony.
A.R.S. § 3-563 — Arizona Code / Title 3 / Chapter 3 / Article 7 / Section 563
3-563 Tax, license or fee against producers and purchasers prohibited
Status: in_force

3-563. Tax, license or fee against producers and purchasers prohibited

A. A tax, license or fee may not be imposed or levied on or demanded or collected from:

1. A producer for a sale of a food product.

2. A purchaser of a food product from a producer.

B. A penalty or punishment may not be imposed on account of the sale of a food product, except for a violation of laws providing for inspection.

C. A municipal ordinance that seeks to impose or subject a producer, or a purchaser of a food product from a producer, to a tax, license or fee is void, except that all such products in common with similar products offered for sale by persons not the producers thereof are subject to inspection. A municipal ordinance providing for inspection is not valid unless it applies in the same manner and terms to other persons offering similar products for sale.
A.R.S. § 3-401 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 401
3-401 Definitions
Status: in_force

3-401. Definitions

In this article, unless the context otherwise requires:

1. "Affected commodity" means the specific citrus, fruit or vegetable that is regulated pursuant to article 2 or 4 of this chapter and that is subject to the marketing agreement or order or the proposed marketing agreement or order.

2. "Affected person" means a producer or shipper of an affected commodity.

3. "Associate director" means the associate director of the citrus, fruit and vegetable division of the department.

4. "Marketing agreement" or "agreement" means an agreement that is developed by producers or shippers of the affected commodity and that is entered into by the director pursuant to this article.

5. "Marketing commission" or "commission" means the marketing commission established under section 3-413.

6. "Marketing committee" or "committee" means a marketing committee established by a marketing agreement according to section 3-426.

7. "Marketing order" or "order" means an order that is developed by producers or shippers of the affected commodity and that is issued by the director pursuant to this article.

8. "Person" means any individual, firm, corporation, trust, association or partnership.

9. "Producer" means a person that has a financial interest in producing or causing citrus, fruit or vegetable commodities to be produced for market in commercial quantities.

10. "Shipper" means a person that engages in shipping, transporting, selling or marketing citrus, fruits or vegetables under the shipper's own registered trademark or label or a person that first markets the fruits or vegetables for the producer.

11. "Volume" means cartons or the equivalent weight of Arizona-grown products marketed in the preceding marketing season.

12. "Written assent" means a signed statement of an affected person consenting to the terms of a marketing order.
A.R.S. § 3-1425 — Arizona Code / Title 3 / Chapter 11 / Article 8 / Section 1425
3-1425 Dissolution of district
Status: in_force

3-1425. Dissolution of district

A no-fence district may be dissolved at any time in the same manner as it was formed.
A.R.S. § 3-3513 — Arizona Code / Title 3 / Chapter 19 / Article 7 / Section 3513
3-3513 Compliance schedules
Status: in_force

3-3513. Compliance schedules

Notwithstanding section 3-3512, subsection I relating to schedules of compliance:

1. Gasoline dispensing facilities located in area A or in any other geographical area as provided in section 3-3512, subsection G for which construction began after the certification of rules adopted pursuant to section 3-3512 shall be constructed to include stage I vapor recovery systems that meet the minimum standards set forth in this chapter and division rules.

2. All gasoline dispensing sites located in area A or in any other geographical area as provided in section 3-3512, subsection G that begin underground storage tank replacement and that apply for a permit pursuant to title 49, chapter 3, article 3 or 5 on or after September 30, 1992 shall be in compliance within six months after the effective date of the rules adopted pursuant to section 3-3512.  Compliance with this article is a condition of the permit.
A.R.S. § 3-1298 — Arizona Code / Title 3 / Chapter 11 / Article 4 / Section 1298
3-1298 Herding sheep or goats on land or water of another without consent; classification
Status: in_force

3-1298. Herding sheep or goats on land or water of another without consent; classification

A. A person owning or having charge of sheep or goats who knowingly herds or permits them to be herded on lands lawfully owned or possessed by another without the express consent of the other person, or recklessly allows the sheep or goats to camp at any water developed and owned or leased by another without the express consent of the owner or lessee of the water, is guilty of a class 2 misdemeanor.

B. The term "lawfully owned or possessed" applies to all land owned in fee or held under lease, contract of purchase, pre-emption, homestead or other law of the United States or the state.

C. The instrument evidencing the possessory right to lands held other than by virtue of the laws of the United States or of the state shall be recorded in the office of the county recorder of the county in which the land is located before complaint may be made.
A.R.S. § 3-3476 — Arizona Code / Title 3 / Chapter 19 / Article 5 / Section 3476
3-3476 Delinquent civil penalties and fees
Status: in_force

3-3476. Delinquent civil penalties and fees

In addition to any other penalty, if a civil penalty or any fee due pursuant to this chapter has not been paid thirty days after the due date, the civil penalty or fee is delinquent and the division may refuse to issue a license or may revoke a license pursuant to this chapter until the civil penalty or fee is paid in full.
A.R.S. § 3-716 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 716
3-716 Inspection fees; report and payment by dealers; exception; penalty; collection
Status: in_force

3-716. Inspection fees; report and payment by dealers; exception; penalty; collection

A. An inspection fee of not more than three mills per dozen on shell eggs and three mills per pound on egg products shall be paid by a dealer, producer-dealer, manufacturer or producer on all eggs and egg products regardless of origin, sold to a retailer, hotel, hospital, bakery, restaurant, other eating place or consumer for human consumption within this state.  Inspection fees on eggs used for the purpose of breaking, freezing or drying shall be paid by the manufacturer, dealer or distributor if sold or offered for sale to retailers or consumers for human consumption within this state.

B. If it appears that the revenue derived from inspection fees is more than is required for the administration of this article, the director may decrease the inspection fee and at any time thereafter may increase or decrease the inspection fee, but at no time shall it exceed an amount of three mills per dozen on shell eggs or three mills per pound on egg products.

C. All manufacturers, dealers, producer-dealers and producers shall file:

1. A quarterly report with the department showing the name and address of the manufacturer, dealer, producer-dealer or producer.

2. The number of dozen of eggs or pounds of egg products sold or delivered for the period to retail stores, hotels, hospitals, bakeries, restaurants, other eating places or consumers for human consumption within this state.

D. The report shall be accompanied by check or money order covering the inspection fee total of a value equal to the inspection fee in force at that time on all eggs or egg products shown on such report within thirty days following the close of quarterly report periods.

E. The records shall be retained for a period of one year and shall be open at all times to the inspection of the department.

F. Notwithstanding the requirements of this section, twenty-five cases per year of nest run eggs as provided in section 3-715 may be sold by any person to retailers or consumers without being subject to the report and inspection fee as provided by this section.

G. In addition to the inspection fees prescribed by this section, a penalty of ten per cent shall be added for the delinquent filing of any report or the delinquent payment of any inspection fee, and if the report and payment are not made within ten days after notification of delinquency, the penalty shall be twenty-five per cent of the inspection fee. Persons filing a false report shall be penalized fifty per cent of the amount due for inspection fees. The penalties prescribed by this section shall be deposited in the state egg inspection trust fund.

H. Such inspection fees and penalties shall be collected by civil action filed by the county attorney.
A.R.S. § 3-489 — Arizona Code / Title 3 / Chapter 3 / Article 4 / Section 489
3-489 Requests for inspection by unlicensed or unregistered persons; fees
Status: in_force

3-489. Requests for inspection by unlicensed or unregistered persons; fees

A. A person who is not licensed under article 2 of this chapter or this article and who requests inspection of citrus, fruit, vegetables or nuts shall pay a fee to the citrus, fruit and vegetable trust fund. The associate director shall set the amount of the fee by rule and shall assess and collect the fee for inspection service performed by the associate director or the  associate director's employees.  The fee shall be an amount reasonably necessary to cover the costs of inspection and processing of the necessary documentation.  Before setting the fee, the associate director shall consult with the citrus, fruit and vegetable advisory council.

B. The fee is due and payable on completing the inspection. If the fee is not paid, the associate director may refuse to perform any further inspection services.

C. The associate director may prescribe a different scale of fees for different locations and different commodities based on the amount of time necessary to inspect the commodities. The associate director may assess a charge for traveling expenses pursuant to title 38, chapter 4, article 2.

D. This section does not apply to any inspection services performed pursuant to article 1 of this chapter.
A.R.S. § 3-1421 — Arizona Code / Title 3 / Chapter 11 / Article 8 / Section 1421
3-1421 Formation
Status: in_force

3-1421. Formation

A. A majority of all taxpayers, according to the last preceding tax assessment roll, residing on land in an irrigation district containing not less than thirty-five thousand acres of irrigable land for which water is available, or a majority of all taxpayers residing upon any portion of a compact body of land containing not less than twenty thousand acres and where at least seventy-five per cent of the area of such body of land is being successfully irrigated, or a majority of all taxpayers residing upon a body of land containing not less than one thousand acres when the land is contiguous to the limits of an incorporated city or town which had a population of not less than thirty thousand people as shown by the last preceding United States census, and such body of land extending not more than twelve miles in one direction beyond the limits of such incorporated town or city, may petition the board of supervisors of the county in which such district or land is situated that a no-fence district be formed and that no fence be required around the land in the no-fence district designated in the petition.

B. Upon filing the petition, the board shall immediately enter the contents upon its records and order that the no-fence district be formed.
A.R.S. § 3-1372 — Arizona Code / Title 3 / Chapter 11 / Article 6 / Section 1372
3-1372 Keeping livestock following seizure; expenses; use of livestock in criminal prosecution; sale of forfeited livestock; nonliability of state
Status: in_force

3-1372. Keeping livestock following seizure; expenses; use of livestock in criminal prosecution; sale of forfeited livestock; nonliability of state

A. A livestock officer who has seized livestock, as provided by this article, shall safely keep and care for it while it is under the department's custody and control, during which time any person may inspect the livestock.

B. The expense of seizing, feeding and caring for livestock shall be paid from any fund available to the division for that purpose.  The division shall recover its expenses as provided by this article.

C. At any time before the hearing on the ownership of the livestock, the county attorney of the county in which the livestock is seized may take charge of and keep the livestock at the expense of the state when the livestock is of evidentiary value in any criminal prosecution arising from the seizure.

D. If livestock is forfeited to this state and ordered to be sold, as provided by this article, the department shall cause notice to be posted in three public places in the precinct where the livestock is held stating that the livestock will be sold at public auction for cash to the highest bidder. The notice shall be posted for at least five days before the sale. The notice shall state the location where the livestock will be sold.  Proceeds from the sale shall be transmitted to the department to be deposited in the livestock custody trust fund established by section 3-1377, and on final determination of all actions arising from the seizure of the livestock the department shall pay the proceeds, less the hauling charges and expense of feeding and caring for such livestock, to the persons entitled thereto under the judgment of the court.

E. The director may contract with any person to handle, feed and care for livestock taken into custody under this section. This state is not liable for the injury or death of any person or livestock or damage to property due to performance of the contract.
A.R.S. § 3-318 — Arizona Code / Title 3 / Chapter 2 / Article 4.1 / Section 318
3-318 Industrial hemp advisory council; members; duties
Status: in_force

3-318. Industrial hemp advisory council; members; duties

A. The director shall establish by rule or order an industrial hemp advisory council to assist and make recommendations to the director regarding the administration and implementation of this article. The director shall appoint five members to the council, including one public member.

B. The industrial hemp advisory council shall:

1. Advise the director regarding expenditures from the industrial hemp trust fund.

2. Provide additional assistance as the director deems necessary.
A.R.S. § 3-2401 — Arizona Code / Title 3 / Chapter 14 / Article 1 / Section 2401
3-2401 Control of destructive animals and noxious rodents; agreements and cooperation with federal agencies; exception
Status: in_force

3-2401. Control of destructive animals and noxious rodents; agreements and cooperation with federal agencies; exception

A. The director shall cooperate with the animal and plant health inspection service of the United States department of agriculture in the control and destruction or relocation of predatory wildlife, reintroduced predatory wildlife, noxious rodents and related animals that are injurious to livestock, poultry, game, agriculture, other industries and the public health in accordance with organized and systematic plans of the animal and plant health inspection service. For such purposes, the director shall enter into written agreements with the animal and plant health inspection service regarding the methods and procedure to be followed, the extent of supervision to be exercised by the state and federal agencies, respectively, and the use and expenditure of state funds. The director, in cooperation with the animal and plant health inspection service, may also enter into cooperative agreements with other governmental agencies and counties of the state to promote the control and destruction of predatory wildlife, reintroduced predatory wildlife, noxious rodents and related animals.

B. The authority to destroy predatory wildlife, reintroduced predatory wildlife, noxious rodents and related animals does not include big game animals as defined in section 17-101, except:

1. Bear and mountain lion taken pursuant to section 17-302.

2. To protect public health and safety.
A.R.S. § 3-1457 — Arizona Code / Title 3 / Chapter 11 / Article 9 / Section 1457
3-1457 Unlawful acts; classification
Status: in_force

3-1457. Unlawful acts; classification

A person who violates any provision of this article or any rule adopted under this article is guilty of a petty offense. Each day upon which a violation is committed or permitted to continue is deemed to be a separate offense.
A.R.S. § 3-416 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 416
3-416 Indemnification of marketing commission or marketing committee members
Status: in_force

3-416. Indemnification of marketing commission or marketing committee members

Each member or employee of a marketing commission or marketing committee is indemnified by the commission or committee against reasonable costs and expenses, including attorney fees, incurred by him in connection with any action, suit or proceeding to which he may be a party by reason of being or having been a member or employee of the commission or committee, except in relation to matters as to which he is adjudged in such action, suit or proceeding to have acted in bad faith as a commission or committee member or employee. The right of indemnification is in addition to other rights to which the member or employee is entitled as a matter of law.
A.R.S. § 3-265 — Arizona Code / Title 3 / Chapter 2 / Article 3 / Section 265
3-265 Rules; advisory committee
Status: in_force

3-265. Rules; advisory committee

A. If before adopting rules pursuant to this article, the director determines that it is necessary or desirable, the director may appoint an advisory committee pursuant to section 3-106.

B. Any licensee, distributor or person offering for sale or selling fertilizer materials in the state may propose a rule and such proposal shall be acted upon within a reasonable time, not exceeding sixty days, after it is filed. Any interested person shall have an opportunity to appear before the director in person or through an attorney for the purpose of discussing such proposed rule.
A.R.S. § 3-236 — Arizona Code / Title 3 / Chapter 2 / Article 2 / Section 236
3-236 Retention of invoices and records
Status: in_force

3-236. Retention of invoices and records

Each person whose name appears on the label of and handles agricultural and vegetable seeds subject to this article shall keep for a period of two years complete records of each lot of agricultural or vegetable seed handled, and keep for one year a file sample of each lot of seed after disposition of the lot. All records pertaining to the lot or lots involved shall be accessible for inspection during customary business hours. All invoices, receiving records and records of purchases must have the kind, variety and lot number of seed sold in the state of Arizona.
A.R.S. § 3-585 — Arizona Code / Title 3 / Chapter 3 / Article 9 / Section 585
3-585 Indemnification of council members
Status: in_force

3-585. Indemnification of council members

Each member of the council is indemnified by the council against reasonable costs and expenses, including attorney fees, incurred by him in connection with any action, suit or proceedings to which he may be a party by reason of his being or having been a member of the council, except in relation to matters as to which he is adjudged in such action, suit or proceeding to have been acting in bad faith as a council member. The right of indemnification is in addition to other rights to which such member is entitled as a matter of law.
A.R.S. § 3-3603 — Arizona Code / Title 3 / Chapter 20 / Article 1 / Section 3603
3-3603 Powers and duties of director
Status: in_force

3-3603. Powers and duties of director

A. The director is responsible for administering this chapter and shall:

1. Adopt rules that are necessary or proper to administer and implement this chapter, including rules that may be more stringent than a corresponding federal law for:

(a) Administrative provisions.

(b) Licensure, certification and registration requirements and qualifications, including training and education requirements and financial security standards.

(c) Health and safety provisions.

(d) Duties and responsibilities.

(e) Recordkeeping and production of records requirements.

(f) Licensee inspection and treatment report requirements.

(g) Disciplinary action provisions.

(h) Equipment provisions.

(i) Advertising requirements.

(j)  Using, storing and applying pesticides and devices used in pest management.

2. Notify the business licensee, applicator and qualifying party in writing of any inquiry into possible violations by the business licensee, applicator or qualifying party by the close of business on the tenth business day after the day on which the director initiated the inquiry if the director anticipates an enforcement action. If in the course of the investigation the division identifies any alleged violations by a different business licensee, applicator or qualified party, the director shall notify the additional alleged violator by the close of business on the tenth business day after the day on which the director initiated the new inquiry.

3. Develop and either conduct or contract to conduct certified applicator and certified qualified applicator tests at locations throughout this state.  If the director contracts for these tests, the contracts may provide for specific examination fees or a reasonable range of fees determined by the director to be paid directly to the contractor by the applicant. The director shall make all efforts to contract with private parties to electronically administer the tests.

4. Maintain a computer system to benefit and protect the public that includes the following information on pretreatments, new-construction treatments, final grade treatments, initial corrective treatments and wood-destroying insect inspection reports:

(a) The name of the individual who performed the work.

(b) The address or location of the work or project.

(c) The name of the pest management company.

(d) The name of the qualifying party.

(e) The applicator license numbers.

(f) The nature and date of the work performed.

(g) Any other information that is required by rule.

5. Establish offices the director deems necessary to carry out the purposes of this chapter.

6. Subject to title 41, chapter 4, article 4, employ personnel the director deems necessary to carry out the purposes of this chapter and designate their duties.

7. Oversee the approval, content and method of delivery of continuing education courses.

8. Deny a license to any person who has had a license revoked for a period of five years from the time of revocation.

9. License applicators and qualified applicators and license businesses in accordance with this chapter and rules adopted pursuant to this chapter.

10. Register qualifying parties, branch supervisors and branch offices in accordance with this chapter and rules adopted pursuant to this chapter.

11. Require the payment of a penalty for any late license renewal.

12. Refuse to issue a business license in a name that is not registered with the secretary of state or filed with the Arizona corporation commission.

13. Adopt a wood-destroying insect inspection report form for use by business licensees.

14. Receive monies authorized under this chapter for deposit, pursuant to sections 35-146 and 35-147, in the appropriate funds.

B. The director may:

1. Compel attendance of witnesses, administer oaths or affirmations and take testimony concerning all matters coming within the director's jurisdiction.

2. Issue subpoenas for the taking of depositions, the production of documents and things and the entry on land for inspection and measuring, surveying, photographing, testing or sampling the property or any designated object or operation on the property relevant to an inquiry or complaint.

3. Contract and enter into interagency and intergovernmental agreements with any private party or public agency.

4. With at least twenty-four hours' notice, unless there may be an immediate risk to public health and safety, require a business licensee, qualifying party or applicator to produce specific records. On a showing of good cause by the business licensee, qualifying party or applicator, the director may excuse failure to timely comply.

5. Deny or revoke a license based on the information in the application.

6. Issue advisory notices for de minimis violations.

7. Investigate alleged violations of this chapter, rules adopted pursuant to this chapter, consent agreements, orders and any condition imposed in connection with a license.

8. Require the public to provide notices regarding alleged violations in writing.

9. Pursuant to section 41-1092.11, summarily suspend a license issued under this chapter to protect the health, safety and welfare of the public.

10. Issue a corrective work order requiring a business licensee or applicator to remedy deficiencies in treatment or to comply with this chapter or any rules adopted pursuant to this chapter before or after a formal hearing.

11. On receipt of a complaint or on initiation of a complaint by the division, investigate any alleged violation of unlicensed activity pursuant to this chapter.  If the director determines that an unlicensed person is performing an act that is required to be performed by a person licensed pursuant to this chapter, the director shall take one or more of the following enforcement actions:

(a) Issue a cease and desist order requiring the person to immediately cease operations.

(b) Impose on the person a civil penalty of not more than $1,000 for the first occurrence and not more than $2,000 for the second occurrence.

(c) File an action to enjoin the person from engaging in the unlicensed activity.

(d) Request that the county attorney or attorney general file charges against the person.

12. Refuse to issue a business license in a name that is likely to be misleading or to imply any distorted representation about the business.

13. Register a certified applicator who is a representative of a business licensee as a temporary qualifying party if the qualifying party becomes disassociated with the business licensee.

14. Provide and conduct classes to train individuals in preparation for certified applicator and certified qualified applicator tests.  The director may assess a fee for each class. The director may contract with a commercial enterprise or an accredited institution to conduct the class.

15. Provide and conduct continuing education classes quarterly.  The director may assess a fee for each credit hour. The director may contract with a commercial enterprise or an accredited institution to conduct the class under the supervision of division staff.

16. Enter into consent agreements and issue consent orders.

17. Designate by rule devices that are exempt from the licensure, certification and registration requirements of this chapter.

18. Charge a person for providing copies of rules, forms or policies proposed for adoption and for educational materials.

19. Require a business licensee or qualifying party to register with the division or to otherwise identify all of the licensed or unlicensed applicators of the business or supervised by the qualifying party.

20. Require a business licensee to produce records for the purpose of verifying that an individual is an applicator of the business licensee.

21. Charge a handling fee in addition to the transaction amount for any transaction that could have been completed electronically and was not.

22. Deny or refuse to renew a license of a person who owes unpaid fees or civil penalties to the division.

23. Educate the public regarding the licensure, certification and registration requirements of this chapter.

C. The director or any duly authorized agents may enter any private or public property, including a service vehicle, on which pesticides are located or are reasonably believed to be located to be used for purposes related to pest management or any office of a business engaged in pest management.  The owner, managing agent or occupant of the property or office shall permit entry for the purpose of inspecting and investigating conditions relating to the use, storage, application and disposal of pesticides, including worker safety materials and records pertaining to pest management. If a person refuses to admit the director or the authorized agent in accordance with this subsection, the director may obtain a warrant from a court of competent jurisdiction. If a licensed or certified person refuses to admit the director or an authorized agent in accordance with this subsection during regular business hours, the director may impose disciplinary action on the person.

D. The director or any duly authorized agents may monitor compliance by a person with this chapter and rules adopted pursuant to this chapter while the person is providing pest management services.

E. The director may maintain a list of persons who have violated section 3-3624, subsection A, paragraph 1.  The list shall include any known related business names used by those persons.  The department shall post the list on the department's website.  The director shall remove a person and any known related business names that the person used from the list within ten business days after the person becomes licensed pursuant to this chapter and submits a written request to the director to remove the person's name from the list.  The director shall provide a copy of the list to any member of the public that requests a copy.
A.R.S. § 3-373 — Arizona Code / Title 3 / Chapter 2 / Article 6 / Section 373
3-373 Annual pesticide report
Status: in_force

3-373. Annual pesticide report

The associate director shall submit an annual report to the director, the governor and the legislature on or before October 1 each year containing the following information for the preceding fiscal year relating to the division's activities under this article:

1. The number of full-time employee positions in the division that are authorized and filled for regulating pesticides as of June 30.

2. A brief summary of rules proposed or adopted during the reporting period.

3. The number of persons having each type of permit, certificate, license and registration issued as of June 30.

4. The number of persons whose permits, certificates, licenses or registrations were revoked, suspended or otherwise altered in status with brief statements of the reasons for the revocation, suspension or alteration.

5. The number of written complaints and other communications received by the division which allege a violation of this article or a rule adopted under this article.

6. A summary, by specific category, of the substance of the complaints and communications referred to in paragraph 5 of this section and, for each specific category, the responses or dispositions of those complaints.

7. A compilation, based upon reports filed in compliance with rules adopted pursuant to section 3-363, of the amount, frequency and type of pesticides used in this state by specific categories of acute toxicity and including but not limited to identification of pesticides which:

(a) Are known by the administrator of the federal environmental protection agency to require special application procedures to protect endangered species or which contain ingredients or produce degradation products that are carcinogenic, mutagenic or teratogenic.

(b) Are extremely hazardous substances listed pursuant to section 302 of the superfund amendments and reauthorization act or title III of the clean air act as amended.

(c) Have extended reentry intervals of greater than forty-eight hours for worker protection.

8. Based on reports received from pesticide users and reports prepared pursuant to paragraphs 4, 5 and 6 of this section, specific recommendations regarding statutory or administrative changes to improve pesticide regulation in this state considering environmental and public health and safety factors.

9. Any other information which the associate director believes is useful in reviewing the division's activities.
A.R.S. § 3-1296 — Arizona Code / Title 3 / Chapter 11 / Article 4 / Section 1296
3-1296 Ranging of unbranded range livestock prohibited; classification
Status: in_force

3-1296. Ranging of unbranded range livestock prohibited; classification

An owner who knowingly permits range livestock, except unweaned animals running with their mothers, to roam and feed upon the ranges of this state without being branded and marked as provided by law, is guilty of a class 2 misdemeanor.
A.R.S. § 3-1210 — Arizona Code / Title 3 / Chapter 11 / Article 1 / Section 1210
3-1210 Disposition of monies
Status: in_force

3-1210. Disposition of monies

Monies collected under the provisions of this title relating to livestock, except those collected for acknowledgments, shall be paid to the department and deposited, pursuant to sections 35-146 and 35-147, in the state general fund, unless otherwise specifically provided.
A.R.S. § 3-223 — Arizona Code / Title 3 / Chapter 2 / Article 1.1 / Section 223
3-223 Interdivision livestock inspection
Status: in_force

3-223. Interdivision livestock inspection

The plant services division, the animal services division and the office of inspections shall cooperate to provide livestock inspections at border inspection stations or department offices as required under section 3-1332, subsection E and to train the appropriate personnel to perform the livestock inspections.
A.R.S. § 3-526.03 — Arizona Code / Title 3 / Chapter 3 / Article 4.2 / Section 526.03
3-526.03 Administrative services; reimbursement
Status: in_force

3-526.03. Administrative services; reimbursement

A. The council may employ staff, to serve at the pleasure of the council, and may prescribe the terms and conditions of employment of employees as necessary to perform the functions prescribed by this article. The employees of the council are exempt from title 38, chapter 4 and chapter 5, article 2 and title 41, chapter 4, articles 5 and 6. The council may also enter into an interagency agreement pursuant to title 11, chapter 7, article 3 with the department to provide the necessary administrative services to the council including:

1. Providing secretarial and other services necessary for the council to carry out its activities.

2. Establishing separate operating accounts for the council.

3. Providing necessary financial and accounting services to the council including the issuance of checks, payment of bills approved by the council, annual audits, monthly or annual expenditure and receipt reports, preparation of an annual budget and any other financial activities requested by the council according to and under the provisions of state law.

4. Receiving mail and other communications for the council.

5. Receiving monies authorized under this article for deposit, pursuant to sections 35-146 and 35-147, in the appropriate funds.

6. Accepting donated monies on behalf of the council to be credited to the account of the council.

7. Providing space for the meetings of the council.

8. Assisting in the adoption of rules proposed by the council.

9. Providing any other administrative services which the council requests or finds necessary.

B. If the department performs any function under this article, it acts as the agent of the council and has no authority or control over the council or the council's employees or assets.

C. The council shall reimburse the department for administrative services from the monies received under this article in an amount agreed on by the council. Monies received by the department shall be deposited, pursuant to sections 35-146 and 35-147, in the appropriate fund as required by section 3-108.

D. Department employees under contract to the council under provisions of an interagency agreement pursuant to title 11, chapter 7, article 3 shall remain under the direct supervision of the department unless otherwise agreed to by the council and department.
A.R.S. § 3-601 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 601
3-601 Definitions
Status: in_force

3-601. Definitions

In this article, unless the context otherwise requires:

1. "Adulterated" means the existence of one or more of the conditions described in section 402 of the federal food, drug and cosmetic act, as amended (52 Stat. 1040; 21 United States Code section 342).

2. "Associate director" means the associate director of the division.

3. "Butter" means the clean and nonrancid product containing not less than eighty per cent milk fat produced by gathering the fat of milk or cream into a mass, containing a small portion of other milk constituents, and with or without salt or harmless coloring matter.

4. "Division" means the animal services division of the Arizona department of agriculture.

5. "Federal milk ordinance" means the recommendations of the United States public health service grade "A" pasteurized milk ordinance with administrative procedures.

6. "Frozen desserts" means ice cream, frozen custard, french ice cream, ice milk, quiescently frozen confection, quiescently frozen dairy confection, french custard ice cream, artificially sweetened ice cream, manufactured desserts mix, whipped cream confection, bisque tortoni, sherbets, water ice and mellorine frozen desserts and all such other products, together with any mix used in making such frozen desserts, and any other products which are similar in appearance, odor or taste to such products or are prepared or frozen as frozen desserts are customarily prepared and frozen, whether made with dairy products or nondairy products.

7. "General specifications for dairy plants" means those specifications adopted by the United States department of agriculture and published in title 7 Code of Federal Regulations part 58, subpart B.

8. "Grade A milk" and "grade A milk products" has the meaning set forth in the federal milk ordinance.

9. "Handler" means a person who as owner, agent, broker or intermediary, either directly or indirectly, receives, purchases or otherwise acquires ownership, possession or control of milk in unprocessed or bulk form from a producer or a producer-handler for manufacturing, processing, selling or other handling. Handler includes cooperative associations that, either directly or indirectly, receive, purchase or otherwise acquire ownership, possession or control of milk from other handlers or producers who are nonmembers of the cooperative but does not include cooperative associations that receive and sell milk solely of its member producers.

10. "Manufactured milk products" includes:

(a) Butter.

(b) Natural or processed cheese.

(c) Manufacturing milk or manufacturing cream.

(d) Dried, frozen, evaporated, stabilized or condensed milk products.

(e) Frozen desserts.

(f) Dry whey.

(g) Dry buttermilk.

11. "Manufacturing milk" or "manufacturing cream" means milk or cream not conforming to the requirements of the federal milk ordinance.

12. "Manufacturing milk processing plant" means any place, premises or establishment where manufacturing milk or manufactured milk products, or any combination of them, are collected, handled, processed, manufactured, stored, pasteurized, aseptically processed, bottled or prepared for distribution.

13. "Measuring device" includes a measuring rod and a transparent measuring tube.

14. "Milk distributing plant" means a plant processing and distributing milk and milk products other than products made from manufacturing milk.

15. "Milk holding tank" means a stationary tank used to measure milk or cream.

16. "Misbranded" means either:

(a) The existence of one or more of the conditions described in section 403 of the federal food, drug and cosmetic act, as amended (52 Stat. 1040; 21 United States Code section 343).

(b) That the package does not comply with the fair packaging and labeling act (P.L. 89-755; 80 Stat. 1296; 15 United States Code section 1451 et seq.).

17. "Pasteurization" or "pasteurized" means a process prescribed by the standards set forth in the federal milk ordinance or any other process demonstrated to be equally efficient and approved by the associate director.

18. "Producer" means a person that produces milk from cows and whose bulk milk is received, acquired or handled by a handler. Producer includes cooperative associations in selling milk of its member producers to other handlers.

19. "Producer-distributor" means a producer of milk handling his own product exclusively and distributing it as milk.

20. "Producer-manufacturer" means a producer of milk handling his own product exclusively, and manufacturing milk products therefrom and distributing the products.

21. "Supervisor" means the state dairy supervisor employed pursuant to section 3-603.

22. "Ultimate consumer" means the person actually drinking or consuming milk or a milk product.
A.R.S. § 3-1701 — Arizona Code / Title 3 / Chapter 12 / Article 1 / Section 1701
3-1701 Report of killed or crippled livestock; inspection and removal; violation; classification; definition
Status: in_force

3-1701. Report of killed or crippled livestock; inspection and removal; violation; classification; definition

A. Every railroad in this state, upon discovery of livestock killed or crippled upon a section of the railroad, shall immediately make a report thereof to a livestock officer or to any other person designated by the department for the purpose of receiving the report.

B. The report required by subsection A shall designate the place where the crippled or killed livestock is located. The department or a person designated by it shall promptly inspect the stock, notify the owner and make a report of the inspection including therein the age, color, sex, approximate weight, marks and brands of the stock. One copy of the report shall be transmitted by a livestock officer or inspector to the division, one to the owner of the stock and one to the railroad. The copy of the report transmitted to the railroad shall be posted by it on Monday of each week at the section house or station house nearest the scene of the accident and shall be kept posted for thirty days.

C. Dead livestock shall not be destroyed by the railroad until the inspection required by this section is made, but if the inspection is not made within twenty-four hours after transmittal of the report by the railroad, the railroad may bury the dead stock and shall thereupon promptly notify the division or the person designated by it of the place of burial so that inspection may be made.

D. A railroad which fails to make and post any report required by this section is guilty of a petty offense.

E. The term "railroad" as used in this article includes any person, firm or corporation operating a railroad.
A.R.S. § 3-735 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 735
3-735 Arrests; appearance before magistrate; notice; written promise to appear; bail
Status: in_force

3-735. Arrests; appearance before magistrate; notice; written promise to appear; bail

A. When a person is arrested for transporting eggs or egg products in violation of this article, unless he demands the right to an immediate appearance before a magistrate, the arresting officer, upon production of satisfactory evidence of the identity of the person arrested, shall take his name and address, the license number of his motor vehicle and such other information as may be necessary, and notify him in writing to appear at a time and place specified in the notice not less than five days after arrest before a magistrate of the precinct in which the offense is alleged to have been committed, and if the defendant gives his written promise to appear at the time and place specified, the arresting officer shall forthwith release him from custody.

B. When the defendant refuses to give a written promise to appear, or demands an immediate appearance before a magistrate, he shall be taken forthwith before a magistrate of the precinct in which the offense is alleged to have been committed. He shall then be entitled to not less than five days continuance in which to plead or prepare for trial unless he waives the time and gives written promise to appear at such time and place as the court may fix, or, if he refuses to give the promise, the court may fix bail, and when given the defendant shall be released from custody.
A.R.S. § 3-2007 — Arizona Code / Title 3 / Chapter 13 / Article 1 / Section 2007
3-2007 Purchase of uninspected hide; classification; exception
Status: in_force

3-2007. Purchase of uninspected hide; classification; exception

It is unlawful to purchase or otherwise acquire possession of a hide of any livestock until the hide has been inspected for brands and marks. Possession of an untagged or unmarked hide upon which the tagging or marking has not been waived by the director is a class 2 misdemeanor unless the person possessing the hide can show that it was taken from an animal owned by him at the time of slaughter or after death, or that he had written authority from the owner to remove the hide from the carcass.
A.R.S. § 3-444 — Arizona Code / Title 3 / Chapter 3 / Article 2 / Section 444
3-444 Inspectors; powers and enforcement procedures; warning notice; disposal notice; civil penalty
Status: in_force

3-444. Inspectors; powers and enforcement procedures; warning notice; disposal notice; civil penalty

A. Inspectors may enter any facility, during operating hours, or a commercial vehicle in this state where fresh citrus fruit is produced, stored, packed or delivered for shipment, is transported or is offered for sale and inspect representative samples of the fresh citrus fruit and containers in order to determine compliance with this article and rules adopted pursuant to this article.

B. If all or part of a lot, including containers, fails to comply with this article or rules adopted pursuant to this article, the inspector may affix a warning notice to all or part of the lot stating the reason why it is held.  Other than an inspector, a person may not detach, alter or destroy the affixed warning notice except by the authorization of the inspector, the associate director, the  associate director's designee, the director or a court order.

C. The inspector shall issue a notice of noncompliance to the person in possession of the lot or part of the lot that states:

1. A description of the lot or part of the lot.

2. The specific section of law on which the noncompliance is alleged.

3. The place where the lot or part of the lot is held.

4. The specific method of inspection, including the sample size.

5. The defect that caused the violation.

6. The percentage of defective product in the sample.

7. That the lot or part of the lot is subject to disposal if it is not reconditioned and brought into compliance within the time prescribed according to rules adopted pursuant to this article.

D. If the person who is served with the notice of noncompliance does not own the lot, the person shall notify the inspector in writing of the name and address of the owner. If the person knowingly conceals the name or address of the owner, the person is liable for any loss to the lot that the owner sustains.

E. If the lot is reconditioned and brought into compliance within the prescribed time period and the lot otherwise complies with this article and rules adopted pursuant to this article, the inspector shall remove the warning notice, issue a notice of compliance to the person in possession and release the lot for sale.

F. If the owner does not recondition and bring the lot into compliance within the prescribed time period, the inspector, after receiving the written consent of the owner, may divert the lot or part of the lot to other lawful purposes or destroy the lot or part of the lot.

G. If the owner refuses to give consent to the inspector to divert or destroy the lot or part of the lot and the owner does not recondition and bring the lot into compliance within the prescribed time period, the inspector may attach a disposal notice to the lot or part of the lot that violates this article or rules adopted pursuant to this article and deliver a copy of the disposal notice to the owner. The disposal notice requires the owner to properly dispose of the lot or part of the lot by:

1. Diverting it to another lawful purpose, such as contributing it to a nonprofit charitable organization.

2. Selling it, other than in regular channels of trade, such as for processing.

3. Destroying it.

H. A person who violates the terms of a disposal notice is subject to a civil penalty of at least twenty-five dollars for each carton but not more than one thousand dollars.
A.R.S. § 3-518 — Arizona Code / Title 3 / Chapter 3 / Article 4 / Section 518
3-518 Exempt transactions
Status: in_force

3-518. Exempt transactions

This article shall not prevent:

1. A producer of fruit or vegetables in the state from selling or delivering his products unpacked and unmarked in bulk to a packer in this state for grading, packing or storage.

2. A producer or packer from manufacturing the products into a by-product.

3. A producer from selling the products unpacked or unmarked to a person engaged in the operation of a commercial by-products factory for the purpose of being used in the manufacture of a by-product for resale.
A.R.S. § 3-463 — Arizona Code / Title 3 / Chapter 3 / Article 2 / Section 463
3-463 Mixing of inferior fruit prohibited
Status: in_force

3-463. Mixing of inferior fruit prohibited

It is unlawful to mix or blend a lot of citrus fruit which fails to conform to the requirements of this article with another lot which does conform, thereby reducing the percentage of inferior fruit in the lot.
A.R.S. § 3-2909 — Arizona Code / Title 3 / Chapter 16 / Article 1 / Section 2909
3-2909 Protecting aquatic wildlife
Status: in_force

3-2909. Protecting aquatic wildlife

The Arizona department of agriculture shall prescribe restrictions on supply water and tailing water discharges from an aquaculture facility if the department or the game and fish department determines that the waters are detrimental to aquatic wildlife.
A.R.S. § 3-206 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 206
3-206 Destruction of noninfected crops on abatement of nuisance; procedure; hearing; evidence
Status: in_force

3-206. Destruction of noninfected crops on abatement of nuisance; procedure; hearing; evidence

A. If the plants constituting the nuisance consist of growing crops, trees, orchards, vines or shrubbery, and the infestation or infection is by a plant pest or disease of such a nature, or if the location of the plants with respect to other plants not infested or infected is a part of the same crop, or is growing immediately adjacent to the infested or infected plants, and the director believes it is impractical to abate the nuisance, and to suppress, eradicate or control the crop pest or disease without destroying the whole of the crop, trees, orchard, vines or shrubbery of which the infested or infected plants are a part, or without serious injury to uninfected or uninfested plants, the director may adopt proper measures to control, eradicate and suppress the crop pest or disease, although it causes a destruction of the crops, trees, orchards, vines and shrubbery or an injury to uninfected or uninfested plants that are a part of the crops, trees, orchards, vines or shrubbery.

B. Before proceeding with abatement of the nuisance or suppressing, eradicating or controlling the crop pest or disease, the director shall serve written notice on the owner or person in charge of the premises on which the nuisance is located, specifying the infestation or infection and directing the person to appear at a hearing to be held at a time and place within the county where the nuisance exists, and show cause why the crop, trees, orchard, vines or shrubbery should not be destroyed in whole or in part.

C. The notice shall be personally served on the person, if the person is found within the county where the nuisance exists, at least five days before the hearing. If the person is a nonresident or cannot be found in the county, the notice shall be published in a newspaper published in the county for at least seven days before the hearing, and in addition, a copy thereof shall be posted in a conspicuous place on or at the premises involved for a like period.

D. Any interested party may appear at the hearing and be heard, either in person or by attorney. The hearing officer shall preserve a record of all evidence introduced, and at the conclusion of the hearing shall enter an order conforming to the hearing officer's findings.
A.R.S. § 3-3416 — Arizona Code / Title 3 / Chapter 19 / Article 2 / Section 3416
3-3416 State metrology laboratory; operation; standards; testing
Status: in_force

3-3416. State metrology laboratory; operation; standards; testing

A. The associate director shall establish and operate within the division the state metrology laboratory.

B. A commercial device shall not be approved for use in the state unless the design and construction comply with national institute of standards and technology requirements.

C. All commercial devices approved and certified shall meet the tolerance, design and construction requirements prescribed by the national institute of standards and technology.

D. All commercial devices that are determined unfit for approval shall be rejected without testing.

E. All weights, weight sets, measures, meters, counters or other devices that are used by registered service representatives shall show an indication of the approval date and jurisdiction issuing the approval.

F. All persons who install, service or repair commercial devices in this state shall submit the test equipment used to the division's metrology laboratory for approval at least annually. A certificate of approval that specifically identifies the test equipment and that is issued by another state laboratory may be accepted in lieu of submitting equipment if the other state laboratory is certified by the national institute of standards and technology.

G. All weights, measures, meters, counters or other devices shall be tested in the order they are scheduled in the laboratory unless arrangements for testing have been made in advance.

H. Work that is completed in the metrology laboratory shall be paid for pursuant to the fees prescribed in the rules of the division.
A.R.S. § 3-1208 — Arizona Code / Title 3 / Chapter 11 / Article 1 / Section 1208
3-1208 Officers and inspectors; conditions of employment
Status: in_force

3-1208. Officers and inspectors; conditions of employment

A. An officer or inspector must have knowledge of animal husbandry and livestock laws.

B. Within twelve months after employment, a livestock officer must successfully complete the law enforcement training course prescribed by the Arizona peace officer standards and training board in order to achieve permanent state employee status.  This subsection does not apply to animal health and welfare inspectors.

C. The director may authorize employment of livestock inspectors to inspect livestock on a full-time, part-time or seasonal basis. Livestock inspectors may exercise all rights and authority granted to livestock officers, but they do not have enforcement powers granted to livestock officers except as specifically provided by law.

D. The director may assign personnel from the office of inspections to perform any of the inspections prescribed by this chapter under the direction of the associate director.

E. Livestock officers and inspectors shall take the oath of office on employment.
A.R.S. § 3-1491 — Arizona Code / Title 3 / Chapter 11 / Article 11 / Section 1491
3-1491 Salt River horse herd; necessary interaction; written authorization; violation; classification; definition
Status: in_force

3-1491. Salt River horse herd; necessary interaction; written authorization; violation; classification; definition

A. A person shall not harass, shoot, injure, kill or slaughter a horse that is part of the Salt River horse herd.

B. A person shall not interfere with, take, chase, capture or euthanize a horse that is part of the Salt River horse herd without written authorization from either the department or the county sheriff. The department or the county sheriff may provide written authorization pursuant to this subsection only for humane purposes.

C. If an incident occurs that requires interaction with the Salt River horse herd in order to protect the safety or health of a horse that is or horses that are part of the Salt River horse herd or the public, a private or public entity may address the incident after obtaining written authorization from either the department or the county sheriff.

D. If a horse has any brand or other mark that indicates ownership, the department shall attempt to prove ownership of the horse or the county sheriff shall contact the department to attempt to establish ownership of the horse.  If the department cannot prove ownership of the horse, the department or the county sheriff may provide written authorization pursuant to this section.

E. This state shall enter into an agreement pursuant to section 11-952 with the United States forest service to implement this article or to address any issue relating to the Salt River horse herd.

F. This state may enter into an agreement with a private entity to address any issue relating to the Salt River horse herd.

G. A horse that is part of the Salt River horse herd is not a stray animal as defined in section 3-1401 and is not subject to sections 3-1371 and 3-1402.

H. A person who violates subsection A of this section is guilty of a class 1 misdemeanor.

I. For the purposes of this section, "Salt River horse herd" includes the horses that inhabit and that have historically lived in and around the lower Salt River and Saguaro Lake areas in the Tonto national forest and that do not have a brand or other mark that indicates ownership.
A.R.S. § 3-2405 — Arizona Code / Title 3 / Chapter 14 / Article 1 / Section 2405
3-2405 Powers of boards of supervisors
Status: in_force

3-2405. Powers of boards of supervisors

The boards of supervisors of the several counties may within their respective counties:

1. Control and destroy predatory wildlife, reintroduced predatory wildlife, noxious rodents and related animals as provided in section 3-2401.

2. Enter into cooperative agreements with the department and the animal and plant health inspection service of the United States department of agriculture.

3. Make necessary expenditures from any special, contingent or general county fund available for the purposes specified in this section.
A.R.S. § 3-3108 — Arizona Code / Title 3 / Chapter 17 / Article 1 / Section 3108
3-3108 Development of standards and rules
Status: in_force

3-3108. Development of standards and rules

A. Safety and health standards and rules shall be formulated in the following manner:

1. The assistant director shall either propose adoption of national consensus standards or federal standards or draft such rules as he considers necessary after conducting sufficient investigations through the employees of the office and through consultation with the department advisory council, an ad hoc advisory committee if one is appointed and other persons knowledgeable in agriculture for which the standards or rules are being formulated

2. Proposed standards or rules, or both, shall be submitted to the director for his approval. If the director approves the proposed standards or rules, or both, he shall adopt them pursuant to title 41, chapter 6.

B. The assistant director shall not propose standards or rules for products distributed or used in interstate commerce which are different from federal standards for such products unless the standards are required by compelling local conditions and do not unduly burden interstate commerce.

C. Any standards or rules adopted under this section shall prescribe the use of labels or other appropriate forms of warning as are necessary to ensure that employees are apprised of all recognized hazards to which they are exposed, relevant symptoms, appropriate emergency treatment and proper conditions and precautions of safe use or exposure. If appropriate, the standards or rules shall also prescribe suitable protective equipment and control or technological procedures to be used in connection with such hazards and shall provide for monitoring or measuring employee exposure at such locations and intervals and in such manner as may be necessary to protect employees. In addition, if appropriate, any such standards or rules shall prescribe the type and frequency of medical examinations or other tests which shall be made available, by the employer or at his cost, to employees exposed to such hazards in order to most effectively determine whether the health of such employees is adversely affected by such exposure. Any standards or rules adopted pursuant to this section shall assure, as far as possible, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to the hazard dealt with by such standard for the period of his working life.

D. In case of conflict between standards and rules, the rules take precedence.

E. A person who may be adversely affected by a standard or rule issued under this article at any time before the sixtieth day after the standard or rule is adopted may file a complaint challenging the validity of the standard or rule with the superior court in the county in which the person resides or has his principal place of business for a judicial review of the standard or rule. The filing of a complaint, unless otherwise ordered by the court, does not operate as a stay of the standard or rule. The determinations of the director are conclusive if supported by substantial evidence in the record considered as a whole.
A.R.S. § 3-414 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 414
3-414 Powers and duties of a marketing commission or marketing committee
Status: in_force

3-414. Powers and duties of a marketing commission or marketing committee

A. A marketing commission or marketing committee shall:

1. Collect, receive and disburse any monies to be used to administer a marketing order or marketing agreement.

2. Annually elect a chairman, secretary and treasurer from among its members.

3. Meet at least twice annually or at additional times called by the chairman or when requested by a quorum of the marketing commission or marketing committee.

4. Keep a permanent record of its proceedings and make these records available for public inspection for any lawful purpose.

5. Prescribe any assessments to be assessed within the limits prescribed in this article, the marketing order or the marketing agreement.

B. A marketing commission shall:

1. Prepare for the regulated commodity an annual report of its activities, receipts and expenditures. A copy of the annual report shall be available to any interested person on request.

2. Organize and administer any election called under this article or the marketing order.

C. A marketing commission or marketing committee may:

1. Sue and be sued as a marketing commission or marketing committee, without individual liability, for acts of the marketing commission or marketing committee within the scope of the powers and duties conferred on it by this article, the marketing order or the marketing agreement.

2. Enter into contracts to carry out the purposes of this article, the marketing order or the marketing agreement.

3. Appoint committees or subcommittees of the marketing commission or marketing committee, ex officio marketing commission or marketing committee members or advisory groups composed of representatives from organizations, institutions or businesses related to or interested in the regulated commodity.

4. Employ or retain and fix the compensation of a qualified person or qualified entity to manage the marketing order or marketing agreement, on behalf of the marketing commission or marketing committee, and other personnel that are necessary to carry out the provisions of this article, the order or the agreement.

5. Cooperate with any local, state or nationwide organization or agency engaged in work or activities similar or related to those of the commission or the committee and enter into contracts with the organizations or agencies for carrying on joint programs.

6. Make grants to research agencies to finance appropriate studies, or to purchase or acquire equipment and facilities consistent with the marketing order or marketing agreement.

7. Act jointly and in cooperation with this state or any other state or the federal government and spend monies to administer any program deemed by the commission or committee to be beneficial to the affected commodity.

8. Accept grants, donations, contributions, gifts, property or services or other assistance from public or private sources.

9. Provide educational materials to:

(a) Interested parties that are not affected persons at a charge fixed by the commission or committee commensurate with the cost of compilation, publication and issuance.

(b) Public officials without charge.

10. Return assessments to affected persons on a pro rata basis to the extent that monies collected exceed budgeted expenses.

11. Adopt rules necessary to promptly and effectively administer this article.  Title 41, chapter 6 does not apply to rule making under this article, but the commission or committee shall provide fifteen days' advance notice of the meeting at which rules will be adopted. The commission or committee shall receive public testimony at the meeting regarding the rules.

12. Refer to persons regulated under a marketing order for an advisory vote the question of setting assessments or establishing or continuing any program authorized by the order.

13. Investigate and prosecute in the name of this state any legal action to enforce the collection or ensure payment of the authorized assessments.

14. Gather data or any other information the commission or committee deems necessary to administer and enforce the order or agreement.

15. Receive complaints of violations of the order or agreement and refer the complaints to the proper authorities.

16. Provide for an annual audit of its accounts by a qualified public accounting firm and, if an audit or financial statement is prepared, make the audit or financial statement available to any affected person and the auditor general on request.
A.R.S. § 3-211 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 211
3-211 Imported nursery stock; labeling; certificate of inspection
Status: in_force

3-211. Imported nursery stock; labeling; certificate of inspection

Nursery stock shipped into this state from another state or country shall be prominently labeled with the name and address of both the shipper and consignee, and shall be accompanied by a certificate of inspection dated within one year, or a copy of the certificate, made by a duly authorized official of the state or country in which the stock was grown.  Shipments of plants, fruits, vegetables or seeds, not grown in the locality from which shipment was made, shall, in addition, specify where the plants or products were grown. Shipments into the state shall conform to rules adopted by the director.
A.R.S. § 3-718 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 718
3-718 Sale of eggs; invoice; deterioration of eggs below grade; exceptions
Status: in_force

3-718. Sale of eggs; invoice; deterioration of eggs below grade; exceptions

A. Every person selling eggs or egg products to a producer-dealer, dealer, retailer, manufacturer, hotel, hospital, bakery, restaurant or other eating place, or consumer shall furnish an invoice showing the date of sale, the exact quantity of eggs or egg products, size and grade of the eggs, or nest run, according to the standards prescribed pursuant to this chapter, together with the name and address of the person buying and selling the eggs. An egg purchase ticket given by a dealer or producer-dealer to a producer when the producer sells nest run eggs to such dealer or producer-dealer complies with this section. A copy of the invoice or egg purchase ticket shall be kept on file by the seller and the buyer at their respective places of business for a period of thirty days and shall be open at all reasonable times to inspection by an inspector.

B. A person having eggs marked in accordance with the invoice who keeps the eggs for such time after they are purchased as to cause them to deteriorate to a lower grade or size and then offers or exposes them for sale under the mark of the invoice grade or size violates this article.

C. No invoice shall be required on eggs when sales are made by the producer from eggs produced on the producer's premises and sold direct to the consumer.

D. No invoice shall be required on eggs sold or delivered by a retailer when selling eggs from the retailer’s establishment to consumers.
A.R.S. § 3-2088 — Arizona Code / Title 3 / Chapter 13 / Article 3 / Section 2088
3-2088 Requirements for processed, blended or prepared meat and meat food products; violation; classification
Status: in_force

3-2088. Requirements for processed, blended or prepared meat and meat food products; violation; classification

A. The director shall adopt rules fixing and establishing the contents of processed meats and meat food products including the percentage of meats and nonmeat ingredients which may be contained in processed meats, but the percentage of meats prescribed by rule to be contained in processed meats and meat food products shall not exceed the maximum percentages prescribed by the United States department of agriculture. A processed meat product fabricated from two or more ingredients shall bear a list of the ingredients giving the common or usual names of the ingredients arranged in the order of their predominance. A person who violates a rule adopted under this subsection is guilty of a class 3 misdemeanor.

B. The director may prescribe by rule conditions under which carcasses, parts of carcasses, meat and meat food products of any livestock that are capable for use as human food shall be stored or otherwise handled by a person, firm or corporation engaged in the business of buying, selling, freezing, storing or transporting such articles if the director deems the action to be necessary to assure that the articles will not be adulterated or misbranded when delivered to the consumer.

C. All processed, blended or otherwise prepared meat or meat food products which are packed in any can, pot, tin, box, canvas or other receptacle or covering constituting an immediate or true container, shall be labeled. Plain wrappings used solely to protect the product against spoiling during delivery and storage need not bear a label. Labels shall contain, prominently and informatively, the following:

1. The true name of the product.

2. The word "ingredients" followed by a list of the ingredients when the product is fabricated from two or more different types of meat or meat food products.

3. The name and place of business of the manufacturer or distributor.

4. An accurate statement of the quantity of contents.

5. The inspection number and stamp of the slaughtering establishment operating under state meat inspection service or the inspection number and stamp of the meat processor operating with an assigned establishment number.

D. There shall be no preservatives used in any meat or meat food products unless such preservatives have been approved by the United States department of agriculture. Specifically, all sulfates and sulfites are prohibited from use in any meat or meat food products.

E. Any artificial coloring which is used by a processor of any meat or meat food product shall have been approved by the United States department of agriculture.

F. Meats and meat food products shall not be adulterated or misbranded.

G. No meat or meat food product which has not been inspected shall be mixed in any way with any meat or meat food product which has been inspected when such meats or meat food products are offered for sale.

H. The provisions of this section shall apply to any person who slaughters, mixes, blends, cans, cures or otherwise prepares meat or meat food products. It shall include slaughterers, meat processors, wholesalers, retailers, jobbers, lockerplants, peddlers and sausage makers.
A.R.S. § 3-468.04 — Arizona Code / Title 3 / Chapter 3 / Article 2.1 / Section 468.04
3-468.04 Fees; collection; budget
Status: in_force

3-468.04. Fees; collection; budget

A. On or before July 1 of each year, the council shall assess a fee of not more than $.05 per standard carton or forty pounds of equivalent weight in bulk bins of citrus produced. The council may assess the fee for citrus produced for the fresh market and the fee for citrus produced for juice production at different amounts. For the purposes of this subsection, "standard carton" means a container or package prescribed for each kind of citrus fruit pursuant to article 2 of this chapter and rules adopted under that article.

B. Each grower-shipper, shipper and handler shall keep a complete and accurate record of all citrus handled by such entities and the producer. These records shall contain such information as required to be kept for the citrus, fruit and vegetable trust fund pursuant to articles 2 and 4 of this chapter and rules adopted pursuant to those articles.

C. Assessments shall be collected from the grower-shipper, shipper or handler first marketing the citrus being assessed. The grower-shipper, shipper or handler is a trustee of the monies until they are paid to the council pursuant to subsection B of this section and according to procedures established pursuant to articles 2 and 4 of this chapter and rules adopted pursuant to those articles. A citrus producer is responsible for paying the fee unless the fee is withheld for payment by the grower-shipper, shipper or handler first marketing the citrus.

D. Before establishing the annual fee, the council shall establish a budget. The budget is effective on approval of the council.

E. Title 41, chapter 6 does not apply to setting and collecting the fee under this section, but the council shall provide thirty days' advance notice of the meeting at which any fee will be increased and the amount of the proposed fee.  The council shall receive public testimony at the meeting regarding the fee.
A.R.S. § 3-627 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 627
3-627 Brands for butter; labeling of dairy products; restrictions on use
Status: in_force

3-627. Brands for butter; labeling of dairy products; restrictions on use

A. The associate director shall issue to each manufacturer of creamery butter within the state, under such rules as to custody and use as the director may prescribe, a uniform brand bearing a suitable device or motto, and the words "Arizona state brand No._____," which shall be accorded a different number for each manufacturer and each brand. The brand shall be used on the wrapper and on the outside of every package of butter manufactured in the state from cream. The division shall keep a book in which shall be registered the name, location and number of each manufacturer and the brand assigned thereto.

B. Any dairy product sold or offered for sale shall be plainly and legibly labeled upon the container thereof as to contents, grade or class, name of manufacturer and whether produced within or without the state. Cheese shall bear a label on the cheese itself or on the bandage thereof, but package cheese, when dispensed as such, may be labeled on the package.

C. The weight or measure of any dairy product offered or exposed for sale shall be plainly stamped on the package containing the product or on a tag attached thereto.

D. It is unlawful to use or permit the use of the brand prescribed by this section on butter or on a package or wrapper containing butter from cream manufactured out of the state.
A.R.S. § 3-2662 — Arizona Code / Title 3 / Chapter 15 / Article 3 / Section 2662
3-2662 Administration and enforcement
Status: in_force

3-2662. Administration and enforcement

The director shall adopt rules deemed necessary to carry out the purposes of this article, and the director or his authorized representative shall enforce the rules.
A.R.S. § 3-629 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 629
3-629 Oleomargarine; sale; representation as butter or milk product prohibited
Status: in_force

3-629. Oleomargarine; sale; representation as butter or milk product prohibited

A. It is unlawful to sell or serve oleomargarine or renovated or processed butter in a manner other than prescribed by federal law.

B. No person shall sell or take orders for the delivery of oleomargarine or any substance designed to be used as a substitute for butter or other milk product, under the name of butter or other milk product, or under the pretense that it is butter or other milk product.

C. No person shall sell or offer for sale any substance designed to be used as a substitute for butter or other milk product unless it is distinctly labeled at the time of the sale.

D. No person shall use in any manner in connection or association with the sale or advertisement of oleomargarine or other substance designed to be used as a substitute for butter, the word "butterine," "creamery" or "dairy," or the representation of a cow or of any breed of dairy cattle, or any combination of the words and representations, or any other word or symbol designed to convey the impression that the substance is a product of milk or cream.
A.R.S. § 3-3601 — Arizona Code / Title 3 / Chapter 20 / Article 1 / Section 3601
3-3601 Definitions
Status: in_force

3-3601. Definitions

In this chapter, unless the context otherwise requires:

1. "Branch office" means any fixed place of business, other than the primary office, where records are kept, mail is received, statements are rendered, money is collected, requests for service or bids are received, information pertaining to the business of pest management is given or pesticides are stored or disposed of.

2. "Branch supervisor" means a certified applicator working at or from a branch office who is responsible for ensuring the training, equipping and supervision of all applicators of the branch office.

3. "Business license" means a license that is issued pursuant to this chapter or rules adopted pursuant to this chapter to a person and that entitles that person and the person's employees to engage in the business of pest management.

4. "Business of pest management" means engaging in, offering to engage in, advertising for, soliciting or performing pest management, including any of the following:

(a) Identifying infestations or making inspections for the purpose of identifying or attempting to identify infestations.

(b) Making written or oral inspection reports, recommendations, estimates or bids with respect to infestations.

(c) The application of pesticides or the making of contracts or submitting of bids for the application of pesticides or the use of devices for the purpose of eliminating, exterminating, controlling or preventing infestations.

5. "Certified applicator" means an individual who is licensed by the division to provide pest management services in accordance with this chapter.

6. "Certified qualified applicator" means a certified applicator who is eligible to act as a qualifying party.

7. "Child care facility" means a facility that is regulated pursuant to title 36, chapter 7.1.

8. "De minimis violation" means a violation that, although undesirable, has no direct or immediate relationship to safety, health or property damage.

9. "Device" means any instrument or contrivance that is intended to be used for trapping, destroying, repelling or mitigating any pest or other form of plant or animal life.

10. "Direct supervision" means the use of a pesticide under the instructions, control and responsibility of a certified applicator who is available if needed for consultation or assistance even though the certified applicator is not physically present at the time and place the pesticide is used.

11. "Division" means the pest management division of the department.

12. "Final grade treatment" means the establishment of a complete vertical barrier at the exterior of foundation walls in stem wall or monolithic construction.

13. "Financial security" means liability insurance, a deposit of cash or certified monies, a surety bond or an irrevocable and unconditional letter of credit from a federally chartered financial institution or a financial institution as defined in section 6-101.

14. "Household pests" means pests, other than wood-destroying organisms, that invade households or other structures, including rodents, vermin and insects.

15. "Immediate supervision" means the use of a pesticide by an individual acting under the instructions, control and responsibility of a certified applicator who is within the direct line of sight or within hearing distance of the individual and who is available for consultation or assistance at the time and place the pesticide is used.

16. "Initial corrective treatment" means the first postconstruction treatment of any kind performed by a licensee, excluding a treatment performed under warranty by a licensee who has performed the pretreatment or new-construction treatment.

17. "Inquiry" means an initial investigation of possible violations of this chapter or rules adopted pursuant to this chapter based on information received from the public or division staff.

18. "Integrated pest management" means a sustainable approach to managing pests that combines biological, cultural, physical and chemical tools in a way that minimizes economic, health and environmental risks.

19. "New-construction treatment" means a treatment that protects all cellulose components of a structure from subterranean termites and that is performed after a permanent concrete slab foundation is installed or footings and supports for a raised foundation are installed, but before the structure or a final grade treatment is completed.

20. "Other structures" includes railroad cars, boats, docks, motor vehicles or airplanes and their contents.

21. "Pest management":

(a) Means the management of health-related pests, aquatic pests, household pests, wood-destroying organisms or other pests, including weeds, that exist in, near or around structures, in ornamental shrubs and trees, along rights-of-way or in lawns or cemeteries and all pesticide applications that could be harmful to public health or the environment.

(b) Includes the management by persons for hire of health-related pests, aquatic pests, household pests, wood-destroying organisms or other pests, including weeds, that exist on golf courses.

(c) Does not include pesticide applications used directly in the commercial production of crops and animals or used not for hire on golf courses.

22. "Pest management services" means identifying infestations or making inspections for the purpose of identifying or attempting to identify infestations, making written or oral inspection reports or recommendations with respect to infestations and the application of pesticides or the use of devices not exempt by section  3-3603, subsection B, paragraph  17 for the purpose of eliminating, exterminating, controlling or preventing infestations.

23. "Pesticide" means any substance or mixture of substances intended to be used for preventing, destroying, repelling or mitigating insects, fungi, bacteria, microbes, weeds, rodents, predatory animals or any form of plant or animal life that is, or that the director may declare to be, a pest and that may infest or be detrimental to vegetation, humans, animals or households or be present in any environment.

24. "Political subdivision" means a state agency, county, city, town, municipal corporation or school district or a special district formed pursuant to title 48.

25. "Postconstruction treatment" means a treatment to control wood-destroying organisms in or around an existing structure performed after all soil disturbance associated with construction is complete and after an applicator has completed an inspection of the structure and a treatment proposal under section  3-3632, subsections A and B.

26. "Pretreatment" means a termite treatment that protects all cellulose components of a structure from subterranean termites, that is performed before a permanent concrete slab foundation is installed or in conjunction with establishing footings and supports for a raised foundation and that establishes thorough and complete horizontal and vertical treated barriers.

27. "Prior violation" means any violation for which disciplinary action was taken within a five-year period before the date of the violation for which current disciplinary action is sought.

28. "Qualifying party" means a certified qualified applicator registered with the division as the individual responsible for ensuring the training, equipping and supervision of all applicators of a business licensee or school district.

29. "School" means any public or nonpublic institution, other than a child's home, that is established for the purpose of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of grades one through twelve and that qualifies as a school pursuant to section 15-802.

30. "Service vehicle" means a motor vehicle, including a trailer attached to the motor vehicle, that is used to transport equipment or pesticides for the business of pest management.

31. "Sterilant" means a product that is designed for killing all live vegetation and preventing all vegetation growth for twelve or more months.

32. "Weed" means any plant that grows where it is not wanted.

33. "Wood-destroying insect inspection report" means a written inspection report on a form approved by the director that is prepared in connection with the sale or refinancing of real property whether or not the report is used as part of the transaction.

34. "Wood-destroying organisms" means organisms that attack, damage or destroy wood or wood-derivative products, but does not include birds or mammals.
A.R.S. § 3-462 — Arizona Code / Title 3 / Chapter 3 / Article 2 / Section 462
3-462 False pack or labeling; reuse of containers
Status: in_force

3-462. False pack or labeling; reuse of containers

A. No container of citrus fruit shall bear grade or other designations that are false or misleading, nor shall it contain any deceptive pack, deceptive arrangement or deceptive display.

B. Subsection A shall be construed to prohibit the repeated use of a container of citrus fruits bearing any markings required by this article, or any designations of brands, quality or grade, unless all markings which do not properly and accurately apply to the products repacked or replaced therein shall first be completely removed, erased or obliterated.

C. Nothing in this article shall be construed to conflict with any law of this state, or federal laws or regulations regarding net weight markings on containers.
A.R.S. § 3-207 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 207
3-207 Crop pest or disease menacing state; notice of hearing; publication
Status: in_force

3-207. Crop pest or disease menacing state; notice of hearing; publication

A. When a crop pest or disease is discovered within this state, or any section of an adjoining state or country, which the director believes menaces or threatens serious injury to the horticultural or agricultural industry of this state unless the crop pest or disease is eradicated, suppressed or controlled so as not to cause the threatened injury, and if the director believes it impractical to prevent the threatened injury except by destruction in whole or part of uninfested or uninfected plants within this state which would, if not destroyed or injured, permit the crop pest or disease to be introduced into this state or cause its spread and dissemination either within or without the state, he shall give public notice of the menace stating the character thereof, its present location and the crops to which it is injurious. The notice shall direct all persons interested:

1. To appear at the division office at a time therein specified to consider measures for the suppression, eradication or control of the threatened injury.

2. To show cause why the director should not order the destruction or injury of all or such portion of the plants, which, if not destroyed or injured, will become the means of introducing the crop pest or disease into the state or of spreading it to other places, or to show cause why a quarantine zone should not be established.

B. The notice shall be published at least seven days prior to the hearing in at least one newspaper for at least one insertion in each county wherein the director deems it necessary to destroy or injure the plants, and in a newspaper published at Phoenix.
A.R.S. § 3-449.04 — Arizona Code / Title 3 / Chapter 3 / Article 2 / Section 449.04
3-449.04 Appeals from inspections; fee
Status: in_force

3-449.04. Appeals from inspections; fee

A. If the owner, or the owner's agent, of all or part of a lot disagrees with the decision of an inspector as to whether the lot or part of the lot conforms to the standards adopted pursuant to this article, the owner or agent may request that the associate director or the  associate director's designee, other than the inspector, review the testing procedures used by the inspector.  When reviewing the procedures, the associate director or designee shall consider the accuracy of the test instruments, the inspection methods, including the sample size, the defect determination, the percentage of the defective product and any other relevant information.

B. The associate director or designee shall conduct the review within eight hours after the request.

C. If the associate director or designee determines that the inspector used improper testing procedures, a new inspection shall be ordered of the lot or part of the lot within four hours after completing the review in order to determine compliance. The determination after the reinspection is final.

D. The person who requests the review shall pay a fee of twenty-five dollars for the review. All monies collected under this subsection shall be deposited in the citrus, fruit and vegetable trust fund.
A.R.S. § 3-1237 — Arizona Code / Title 3 / Chapter 11 / Article 2 / Section 1237
3-1237 Failure to pay; violation; classification
Status: in_force

3-1237. Failure to pay; violation; classification

Any person who knowingly fails to pay or remit any monies due or collected, as provided in this article, is guilty of a class 2 misdemeanor. Failure to so remit on each inspection for which such monies are payable shall constitute a separate offense and shall not be affected by any refund either pending at the time of the offense or made at a later date.
A.R.S. § 3-483 — Arizona Code / Title 3 / Chapter 3 / Article 4 / Section 483
3-483 Associate director; qualifications
Status: in_force

3-483. Associate director; qualifications

A. The associate director, as appointed and authorized by the director, shall administer and enforce this article and articles 2, 4.1 and 4.3 of this chapter and rules adopted pursuant to those articles.  The director may delegate to the associate director any of the director's administrative responsibilities, powers or duties as the director considers to be necessary or desirable for the proper administration of those articles.

B. Before appointing the associate director, the director shall consult with the citrus, fruit and vegetable advisory council.

C. If the associate director dies, resigns or is discharged, the director shall appoint a successor as soon as practicable.

D. The associate director must be experienced in both of the following:

1. Management, budgets and program administration.

2. Citrus, fruit or vegetable quality assurance practices or produce safety procedures.
A.R.S. § 3-3453 — Arizona Code / Title 3 / Chapter 19 / Article 4 / Section 3453
3-3453 License as public weighmaster or deputy weighmaster required; application; fee; renewal; training; exemptions
Status: in_force

3-3453. License as public weighmaster or deputy weighmaster required; application; fee; renewal; training; exemptions

A. A person shall not serve as a public weighmaster or deputy weighmaster unless the person is issued a public weighmaster or deputy weighmaster license by the division in accordance with practices and procedures to be established by the associate director. An applicant for a public weighmaster or deputy weighmaster license shall:

1. Demonstrate a thorough knowledge of all appropriate weights and measures laws, rules and policies.

2. Have possession of, or have available for use, a scale that is of sufficient capacity and size and that is licensed and certified pursuant to section 3-3451.

3. Demonstrate the necessary experience and training to operate the scale.

4. Pass the required examination administered by the division.  The associate director may waive the examination required by this paragraph.

B. An application for a public weighmaster or deputy weighmaster license shall be submitted to the division on a form prescribed and furnished by the division and shall be accompanied by the license fee prescribed in section 3-3452.  The division shall issue a public weighmaster or deputy weighmaster license for a period of twelve calendar months.  The license expires on the first day of the month and year indicated on the license. A public weighmaster or deputy weighmaster license shall be posted at the licensed scale site in a manner that provides the division access to the license during normal business hours.

C. If a licensee submits a license renewal application to the division before the date of expiration of the current license together with the renewal fee prescribed by the division, the existing license shall be valid for thirty days following its expiration date, or until issuance of the renewal license, whichever occurs first.

D. A public weighmaster shall provide the necessary training for any deputy weighmaster using the public weighmaster's seal to certify weigh tickets.

E. Except as otherwise provided in subsection G of this section, the certified weighing of any property, livestock or commodity shall be performed only by a public weighmaster or deputy weighmaster. The following persons are not required to obtain licenses as public weighmasters or deputy weighmasters:

1. A person weighing property, livestock or a commodity that the person or the person's employer is either buying or selling for the own account of the person or the person's employer.

2. A person weighing property, livestock or a commodity in conjunction with or on behalf of a publicly sponsored or nonprofit organization sponsored exposition, fair or show event.

F. The official weighing of vehicles or conveyances by any employee of a city, county or state agency for weight-control regulatory purposes on public highways, roads or streets does not constitute public weighing.

G. On request and without charge, the division may issue a limited weighmaster license to any qualified officer or employee of a city, a county or the state authorizing the officer or employee to act as a public weighmaster only within the scope of the officer's or employee's official employment and duties in enforcing local ordinances substantially complying with the requirements of this chapter.  While performing the duties of a limited weighmaster, a limited weighmaster shall have the limited weighmaster's license in the limited weighmaster's possession.

H. The division shall approve all forms, certificates, seals and other documents together with practices, procedures and equipment used by public weighmasters or deputy weighmasters in the performance of their duties. A public weighmaster or deputy weighmaster shall keep for such a period as the division by rule may require a legible copy of each weight certificate the public weighmaster or deputy weighmaster issues. Copies of weight certificates shall be available at all reasonable times for inspection by the division.
A.R.S. § 3-2157 — Arizona Code / Title 3 / Chapter 13 / Article 5 / Section 2157
3-2157 Complete coverage of official establishments
Status: in_force

3-2157. Complete coverage of official establishments

No establishment processing poultry or poultry products solely for intrastate commerce shall process any poultry or poultry product capable of use as human food except in compliance with this chapter.
A.R.S. § 3-2609 — Arizona Code / Title 3 / Chapter 15 / Article 1 / Section 2609
3-2609 Licensing
Status: in_force

3-2609. Licensing

A. No person may manufacture or distribute commercial feed in this state without a commercial feed license from the division, except that no license is required of persons distributing only:

1. Commercial feeds to licensed manufacturers for further manufacturing.

2. Packaged commercial feed in the original packages or containers of a licensee as packaged and labeled by the licensee.

3. Bulk commercial feed in the form received from a licensee and labeled as required with label information furnished by the licensee, except for net weight statement.

B. Applications for a license shall be made on forms prescribed by the department listing each business location used in the manufacture or distribution of commercial feed in this state and such other information the department requires. Applications shall be accompanied by a fee of ten dollars per year for each separate place of business used in the manufacture of commercial feed in this state. Applications of manufacturers or distributors having no established place of business in this state, but otherwise subject to a license under this section, shall be accompanied by a fee of ten dollars per year. All licenses issued through 1998 expire on the last day of February of the following year. Beginning in 1999, the director may provide by rule for licenses having a term of one or more years and may prescribe the date on which licenses expire. Licenses are not transferable and no credit or refund may be granted for licenses held for less than a full license term. No new business locations may be put into operation during the term of the license without the payment of an additional fee of ten dollars for each new location.
A.R.S. § 3-3631 — Arizona Code / Title 3 / Chapter 20 / Article 4 / Section 3631
3-3631 Termite action report form; exemption
Status: in_force

3-3631. Termite action report form; exemption

A. Within thirty calendar days after completion of a pretreatment, a new-construction treatment, a final grade treatment, an initial corrective treatment or a wood-destroying insect inspection report, a business licensee or certified applicator shall file with the division in a form approved by the director a termite action report form and the prescribed fee.  A termite action report is required for termite action only and does not include all wood-destroying organisms.

B. The termite action report form shall include:

1. The address or location of the work or project.

2. The type and date of the work.

3. The name of the business licensee.

4. Any other information required by rule.

C. The director may:

1. Adjust the fee upward or downward to a level that is calculated to produce sufficient revenue to carry out the functions of wood-destroying organism regulation.

2. Establish tiered fees according to the means of submission to encourage electronic submission of the termite action report form.

3. Assess a penalty of not more than one hundred dollars per form for failing to submit the required form or fee, or both, within thirty calendar days.

D. If the business licensee who performs an initial corrective treatment performed the pretreatment or new-construction treatment at the same site and filed a termite action report form with the division documenting the pretreatment or new-construction treatment, the business licensee is exempt from this section with respect to the initial corrective treatment.
A.R.S. § 3-2668 — Arizona Code / Title 3 / Chapter 15 / Article 3 / Section 2668
3-2668 Inspection and investigation of garbage treatment; records
Status: in_force

3-2668. Inspection and investigation of garbage treatment; records

A. An authorized representative of the director may enter at any time upon any private or public property for the purpose of inspecting and investigating conditions relating to the treating of garbage to be fed to swine as required by this article.

B. Any authorized representative of the director may examine any records or memoranda pertaining to the feeding of garbage to swine and may require maintenance of records relating to the operation of equipment for and procedure of treating garbage to be fed to swine. Copies of such records shall be submitted to the department on request.
A.R.S. § 3-2691 — Arizona Code / Title 3 / Chapter 15 / Article 4 / Section 2691
3-2691 Definitions
Status: in_force

3-2691. Definitions

In this article, unless the context otherwise requires:

1. "Fresh meat" means meat of a horse, mule, ass, burro, cow, sheep or goat, and includes any product containing any such meat.

2. "Slaughterhouse" or "establishment" means a house or place in which horses, asses, mules, burros, cows, sheep or goats are slaughtered, packed or processed.
A.R.S. § 3-631 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 631
3-631 Restraint of competition prohibited; discrimination against localities prohibited; allowances
Status: in_force

3-631. Restraint of competition prohibited; discrimination against localities prohibited; allowances

A person engaged in the business of buying milk, cream or butterfat, either by himself or by another, shall not restrain in any manner open competition in the business, nor discriminate between different sections of the state by purchasing or offering to purchase milk, cream or butterfat at a higher price in one locality than that paid or offered for the same commodity by the person in another locality, but allowance may be made for the difference in the grade or quality of the commodity, and in the cost of transportation from the place of purchase to the place of manufacture, sale or storage.
A.R.S. § 3-353 — Arizona Code / Title 3 / Chapter 2 / Article 5 / Section 353
3-353 Exemptions
Status: in_force

3-353. Exemptions

A. The penalties provided for violations of subsection A of section 3-352 shall not apply to:

1. Any carrier while lawfully engaged in transporting a pesticide within the state, if such carrier, upon request, permits the director or a designated agent to copy all records showing the transactions in and movement of the articles.

2. Public officials of the state and the federal government engaged in the performance of their official duties.

3. The manufacturer or shipper of a pesticide for experimental use only by or under the supervision of an agency of the state or of the federal government authorized by law to conduct research in the field of pesticides.

B. No article shall be deemed in violation of this article when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of this article shall apply.
A.R.S. § 3-458 — Arizona Code / Title 3 / Chapter 3 / Article 2 / Section 458
3-458 Interstate shipments; requirements; out-of-state inspection certificates; irregular containers
Status: in_force

3-458. Interstate shipments; requirements; out-of-state inspection certificates; irregular containers

A. It is unlawful for a person, firm, company, organization or corporation to import from another state for sale, to transport for delivery or to deliver for sale or to sell within this state a load or lot of citrus fruit unless it conforms to the grades and standards of maturity, condition and pack established pursuant to this article and rules adopted pursuant to this article.

B. The associate director shall examine each load or lot of citrus fruit entering the state to ascertain whether the fruit conforms to the established standards.

C. Citrus fruit grown in states that enforce grading standards equivalent to those established in this state may be permitted to enter this state when accompanied by an inspection certificate issued by the state or county enforcement authority in which the citrus fruit was grown disclosing that the load or lot conforms to the legally established standards in that state. The certificates shall be surrendered to the associate director.

D. Citrus fruit that enters the state in carload lots shall be accompanied by an inspection certificate, which shall be surrendered to the associate director by the receiver thereof.  All shipments coming into the state by truck or other conveyance shall be inspected at the point of regular inspection by the associate director, and the certificates shall there be taken up by the associate director, and when coming in by railroad shall be inspected and the certificate taken up by the inspector at the point of destination.

E. When a motor vehicle is detained and its contents are found not to conform to the standards established pursuant to this article, the associate director or the associate director's duly authorized inspectors shall refuse entry of the citrus fruit into this state, but any load or lot of citrus fruit while in transit and consigned to a destination not within this state is exempt from these requirements when complying with the state quarantine requirements.

F. Citrus fruit may be offered for sale, sold or transported in, into or through this state in irregular containers, other than standard packages, when the irregular containers are so marked as to clearly indicate that they are not standard packages prescribed pursuant to this article.
A.R.S. § 3-1342 — Arizona Code / Title 3 / Chapter 11 / Article 5 / Section 1342
3-1342 Alteration of certificate or record of inspection; classification
Status: in_force

3-1342. Alteration of certificate or record of inspection; classification

A person who intentionally alters a certificate or record of inspection or copy thereof issued by a livestock officer or other agent of the department is guilty of a class 2 misdemeanor.
A.R.S. § 3-1268 — Arizona Code / Title 3 / Chapter 11 / Article 3 / Section 1268
3-1268 Issuance of brand books; charge and expenses
Status: in_force

3-1268. Issuance of brand books; charge and expenses

A. The division may issue, when it deems advisable, books and supplements containing transcripts of part or all of its records of brands and earmarks, arranged and indexed suitably for use in identifying brands or earmarks on livestock, sheep or hides.

B. Copies of such books shall be available to anyone at a charge fixed by the director commensurate with the cost of compilation, publication and issuance. Copies of brand books or supplements may be furnished without charge to public officials or other persons whose possession would, in the opinion of the director, serve to promote the general welfare.

C. Expenses incurred pursuant to this section shall be paid from any operation fund of the division. Monies derived from the sale of brand books or supplements shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 3-705 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 705
3-705 Standards of quality
Status: in_force

3-705. Standards of quality

The standards of quality for chicken eggs in the shell as determined by candling shall be established by rule adopted by the director.
A.R.S. § 3-371 — Arizona Code / Title 3 / Chapter 2 / Article 6 / Section 371
3-371 Cease and desist order
Status: in_force

3-371. Cease and desist order

The director of the Arizona department of agriculture or the director of the department of health services may issue a cease and desist order for not to exceed twenty-four hours, or until an administrative hearing is held, to terminate the application of pesticides if either or both find that an imminent and serious hazard to the public health and safety exists.  The order is immediately effective.  The order shall also set a time, but not later than twenty-four hours after the date and time of the order, for the hearing on the order.  If evidence produced at the hearing shows that the order was unreasonable and that public health and safety were not threatened or that conditions have changed making the order unnecessary, the order shall be revoked.  Except as provided in section 41-1092.08, subsection H, a party to the final administrative decision on the cease and desist order may obtain judicial review pursuant to title 12, chapter 7, article 6.