A.R.S. § 3-468.03 — Arizona Code / Title 3 / Chapter 3 / Article 2.1 / Section 468.03
3-468.03 Administrative services; reimbursement
Status: in_force

3-468.03. 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 and the department. 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 remain under the direct supervision of the department unless otherwise agreed to by the council and the department.
A.R.S. § 3-2611.01 — Arizona Code / Title 3 / Chapter 15 / Article 1 / Section 2611.01
3-2611.01 Maximum acceptable levels of aflatoxin; ammoniation of cottonseed and cottonseed products to reduce aflatoxin content
Status: in_force

3-2611.01. Maximum acceptable levels of aflatoxin; ammoniation of cottonseed and cottonseed products to reduce aflatoxin content

A. Commercial feed and whole cottonseed that contain three hundred parts per billion of aflatoxin or less are not considered to be adulterated for purposes of feeding animals other than animals whose milk is intended for human consumption.

B. Commercial feed and whole cottonseed that contain twenty parts per billion of aflatoxin or less are not considered to be adulterated for purposes of feeding animals whose milk is intended for human consumption.

C. Whole cottonseed and cottonseed products containing aflatoxin may be ammoniated under processes approved by the director to reduce the aflatoxin content to maximum acceptable levels as determined by the director. Whole cottonseed and cottonseed products that are intended for ammoniation, that are being ammoniated or that are actually ammoniated to acceptable levels according to the results of an analysis filed with the director are not considered to be adulterated under state law. The ammoniated cottonseed and cottonseed products may be used as animal feeds, including feed for animals whose milk is intended for human consumption.

D. Ammoniation may take place at the same location where the cottonseed or cottonseed product is to be fed.

E. After the ammoniation process is completed and before any sale, transfer, distribution, mixing, processing or feeding of the ammoniated cottonseed or cottonseed product, an analysis shall be performed on a sample, drawn according to sampling methods approved by the director, by a laboratory certified by the state agricultural laboratory to determine whether the ammoniation has reduced the aflatoxin content to acceptable levels. If the written results of the analysis indicate that the aflatoxin content has been reduced to acceptable levels for those animals to which it is intended to be fed and the labeling so indicates, the ammoniated cottonseed or cottonseed product may then be used as animal feed. The laboratory performing the analysis and the person ordering the analysis shall retain the written results of the analysis for at least three years. The person ordering the analysis shall:

1. File a copy of the analysis with the director.

2. Provide a copy of the analysis to any purchaser or transferee, if the ammoniated whole cottonseed or the ammoniated cottonseed product is sold, transferred or distributed after the analysis.

F. The director shall adopt rules permitting ammoniation and to otherwise carry out the purposes of this section.
A.R.S. § 3-1377 — Arizona Code / Title 3 / Chapter 11 / Article 6 / Section 1377
3-1377 Sale of seized stock; disposition of proceeds; livestock custody trust fund
Status: in_force

3-1377. Sale of seized stock; disposition of proceeds; livestock custody trust fund

A. Livestock officers shall execute an order of sale made pursuant to this article and deliver a bill of sale to the purchaser, describing the livestock sold and the amount it sold for, and forward to the division a duplicate of the bill of sale.  On delivery of the bill of sale, title to the livestock shall pass to the purchaser.

B. Immediately after the sale is made, or after release to the owner who pays the hauling charges and expenses of feed and care of such livestock, livestock officers shall remit the proceeds of the sale to the department, together with an itemized statement of the expense of the seizure and sale, which shall be paid as other claims.

C. The amount received by the department pursuant to this section and sections 3-1294, 3-1350, 3-1372, 3-1402, 3-1403 and 3-1721 shall be deposited in a special fund designated the livestock custody trust fund, which is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this chapter.  The director shall administer the fund as trustee.  The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, which are considered to be trust monies as defined in section 35-310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. On notice from the director, the state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35-313 and 35-314.03, and monies earned from investment shall be credited to the trust fund. The beneficiaries of the trust are the agricultural programs established by this chapter.  The trust fund shall be used exclusively for the purposes of this chapter on the order of the director.  The trust fund is exempt from the provisions of section 35-190 relating to lapsing of appropriations. Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year, do not revert to the state general fund.
A.R.S. § 3-1378 — Arizona Code / Title 3 / Chapter 11 / Article 6 / Section 1378
3-1378 Representation of livestock officer by county attorney
Status: in_force

3-1378. Representation of livestock officer by county attorney

The county attorney of the county wherein the livestock is seized shall represent the livestock officer and the interests of the state in proceedings under this article.
A.R.S. § 3-2608 — Arizona Code / Title 3 / Chapter 15 / Article 1 / Section 2608
3-2608 Restrictions upon enforcing officers
Status: in_force

3-2608. Restrictions upon enforcing officers

No person charged with the enforcement of any of the provisions of this article shall be directly or indirectly interested in the sale, manufacture or distribution of any commercial feed.
A.R.S. § 3-272 — Arizona Code / Title 3 / Chapter 2 / Article 3 / Section 272
3-272 Commercial fertilizer license; specialty fertilizers
Status: in_force

3-272. Commercial fertilizer license; specialty fertilizers

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

1. Commercial fertilizers to licensed manufacturers for further manufacturing.

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

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

B. Applications for a license shall be made on forms prescribed by the director listing each business location used in the manufacture or distribution of commercial fertilizer in this state and such other information the director requires. Applications shall be accompanied by a license fee of one hundred twenty-five dollars per year for each separate place of business used in the manufacture of commercial fertilizers 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 license fee of one hundred twenty-five dollars per year. All licenses issued through 1998 shall 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 year. Monies collected from license fees shall be allocated as follows:

1. Twenty-five dollars for each year of the license term shall be allocated pursuant to section 3-269.

2. One hundred dollars for each year of the license term shall be deposited in the water quality assurance revolving fund established by section 49-282.

C. In addition to the requirements of subsections A and B of this section, the manufacturer or distributor whose name appears on the label of a specialty fertilizer shall register each specialty fertilizer with the division. The director may provide by rule for multiyear licenses. Applications for registration shall be accompanied by a registration fee of fifty dollars per year per brand and grade of specialty fertilizer. The director may, after opportunity for hearing, decrease or increase the registration fee prescribed by this subsection but at no time shall the rate exceed one hundred dollars per year. For purposes of this subsection, "specialty fertilizer" means a commercial fertilizer which is distributed for nonfarm use, including home gardens, lawns, golf courses, parks and cemeteries.
A.R.S. § 3-124 — Arizona Code / Title 3 / Chapter 1 / Article 3 / Section 124
3-124 County agricultural extension board; members; appointment; term; qualifications; office space
Status: in_force

3-124. County agricultural extension board; members; appointment; term; qualifications; office space

A. The board of supervisors of each county shall appoint seven persons, who are residents of the county, to a county agricultural extension board, four of whom have as their principal business the production of agricultural commodities, and the other three of whom shall be representative of organizations or persons who utilize the county agricultural extension services.

B. Each member shall be appointed for a term of two years. Members shall serve without compensation.

C. The board of supervisors of each county shall provide reasonable office space for the conduct of extension work in that county.
A.R.S. § 3-127 — Arizona Code / Title 3 / Chapter 1 / Article 3 / Section 127
3-127 Agricultural workforce development program; rules; apprentices; costs; annual report; definitions
Status: in_force

3-127. Agricultural workforce development program; rules; apprentices; costs; annual report; definitions

A. The university of Arizona cooperative extension office shall establish the agricultural workforce development program to provide incentives to food-producing agricultural organizations to hire apprentices by partially reimbursing apprenticeship costs.

B. The director of the university of Arizona cooperative extension office shall adopt rules to carry out this section. At a minimum, the rules shall do all of the following:

1. Establish qualifications for food-producing agricultural organizations to participate in the program, including need and the ability to effectively supervise apprentices and provide the apprentices with meaningful work experience that is focused on agricultural food production.

2. Provide a preference for food-producing agricultural organizations owned or operated by farmers and ranchers who are located in rural or tribal areas or who are historically underserved.

3. Require participating food-producing agricultural organizations to pay apprentices an hourly wage rate that is at least the minimum wage established by this state pursuant to section 23-363.

4. Establish criteria for participating food-producing agricultural organizations to select qualified apprentices, including required educational experience and the ability to perform meaningful work.

5. Establish the process and time frame for selecting qualified food-producing agricultural organizations and qualified apprentices.

6. Establish accounting requirements for tracking apprenticeship costs.

7. Establish the process for participating food-producing agricultural organizations to seek reimbursement.

8. Seek input from community stakeholders to establish and administer the program.

C. Subject to legislative appropriation, the cooperative extension office may reimburse a participating food-producing agricultural organization up to the amount of the actual cost to the food-producing agricultural organization to employ an apprentice. Based on the annual legislative appropriation for the program, the director shall determine the number of apprenticeships to approve, the amount of reimbursement per apprenticeship and whether a participating food-producing agricultural organization may be reimbursed for more than one apprenticeship in the same fiscal year.

D. The cooperative extension office may use up to ten percent of the monies appropriated for the program for the administrative costs of this section.

E. On or before December 1 each year, the cooperative extension office shall submit a report regarding the effectiveness of the program in achieving the program's purpose to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state.

F. For the purposes of this section:

1. "Actual cost" means the wages paid to an apprentice, a reasonable allocation of fixed overhead expenses and all incidental costs directly related to the apprenticeship.

2. "Agricultural organization" means a business, nonprofit organization, community college or state university program related to agriculture.

3. "Historically underserved":

(a) Means a beginning farmer or rancher, a socially disadvantaged farmer or rancher or a veteran farmer or rancher as defined in 7 United States Code section 2279.

(b) Includes other limited-resource farmers or ranchers.
A.R.S. § 3-426 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 426
3-426 Marketing committee
Status: in_force

3-426. Marketing committee

If a marketing committee is established by the marketing agreement, the marketing committee shall be composed of three to nine signatories of the marketing agreement who are elected by all of the signatories of the marketing agreement.
A.R.S. § 3-2091 — Arizona Code / Title 3 / Chapter 13 / Article 3 / Section 2091
3-2091 Nonlimitation of sale
Status: in_force

3-2091. Nonlimitation of sale

A. Slaughtering establishments with state meat inspection service and with an assigned establishment number, and meat processors with an assigned establishment number, may sell their meat or meat food products any place within the state without regard to the laws and ordinances of any city or town relating to inspection of meat, meat processing or slaughtering establishments.

B. Slaughtering establishments whose meat and meat food products bear the inspection stamp of the United States department of agriculture may sell their meat or meat food products any place in the state without regard to the laws or ordinances of any city or town relating to the inspection of meat or slaughtering establishments.
A.R.S. § 3-908 — Arizona Code / Title 3 / Chapter 7 / Article 1 / Section 908
3-908 Prohibited acts; use of permits, tags, seals and receipts
Status: in_force

3-908. Prohibited acts; use of permits, tags, seals and receipts

A. Except as provided in this chapter, it is unlawful for a person to destroy, dig up, mutilate, collect, cut, harvest or take any living highly safeguarded native plant or the living parts of any highly safeguarded native plant, including seeds or fruit, or any other living protected native plant or the living parts of any other protected plant, except seeds or fruit, from state land or public land without obtaining any required permit, tags, seals or receipts from the department, or from private land without obtaining written permission from the landowner, and any required permit, tags, seals or receipts from the department. It is unlawful for a person to falsify any paper or document issued to give permission for a person to take native plants of the protected group or to take more protected native plants than authorized by the permit or to take protected native plants from areas other than authorized by the permit.

B. Permits issued for the removal of protected native plants, or any parts of protected native plants, except permits issued for the salvage of salvage assessed native plants, shall be granted only on submission to the division of an application executed by both the landowner or his agent and the party who intends to be the permittee, after being completed by either or both, and are valid for a stated period of time to allow the permittee to remove the specific amount of plants, by-products, fiber or wood stated in the permit, or that period of time stated by the landowner as part of the landowner's permission, whichever is shorter. The permit expires on the termination date shown on the permit, when the tags and seals issued with the permit have been attached to the plants covered by the permit and the plants are no longer in the possession of the permittee or when the receipts have been transferred to the purchaser of the wood covered by the receipts.

C. A permit is valid for taking plants or parts of plants listed on the permit but not removed from the land described in the permit until the permit's expiration or for one year from the date of issuance, whichever occurs first, except that for any permit the tags and seals, or receipts, issued therewith but not yet used by the permittee become invalid if the land on which the plants are growing, and described in the permit, changes ownership, unless the new owner certifies in writing that the permittee may continue taking the plants or parts of plants as specified on the permit.

D. It is unlawful for a person or scientific or educational institution to misuse a permit in any manner. A permittee shall make permits, tags, seals and receipts available for inspection by the department or any peace officer as provided for in this chapter. A tag, seal or receipt is invalid unless it is issued with a valid permit. A permit is invalid unless it bears the required tag numbers or receipt numbers on its face. It is unlawful to alter or deface any permit, tag, seal or receipt.

E. The director may give written permission for a person or a scientific institution to take a definite number of specified plants in a protected group from areas specified by the department for scientific purposes. In addition the director may give written permission for a person to take specific plants or parts of plants not in the highly safeguarded category from areas specified by the department for salvage or for manufacturing or processing purposes or for the cutting or removal of wood and assess reasonable and proper fees for such taking of the plants or parts of the plants. The director may give written permission for a landowner to transfer specified plants in the protected group from land he owns to another property owned by him, and such permits shall be exempt from fees.
A.R.S. § 3-1295 — Arizona Code / Title 3 / Chapter 11 / Article 4 / Section 1295
3-1295 Lien for feed, pasturage and other services
Status: in_force

3-1295. Lien for feed, pasturage and other services

A. A person who furnishes pasture, feed or other services for livestock on the premises of that person has a lien on the stock for the amount of the charges that are due and unpaid. A person having such lien may retain the stock until the charges are paid. If possession continues for twenty days after the charges accrue, and the charges have not been paid, the person retaining possession of the stock may perfect the amount of the lien by filing an action in either superior court or justice court, according to the amount in controversy, in the jurisdiction of the holder of the stock. The hearing shall be held not less than ten and not more than twenty days after the date the action is filed in court. If the prevailing party does not receive payment due within ten days after the final judgment of the court, the prevailing party becomes the owner of the stock. The court shall award the prevailing party court costs and reasonable attorney's fees.

B. On presenting a judgment of the court in the appropriate jurisdiction awarding ownership to the holder of the stock in satisfaction of the lien, the department shall issue to the holder of the stock such ownership and hauling certificates, certificates of inspection or other papers ordinarily required on the transfer of ownership of livestock.
A.R.S. § 3-1085 — Arizona Code / Title 3 / Chapter 10 / Article 1 / Section 1085
3-1085 Cotton research and protection council fund; use by director
Status: in_force

3-1085. Cotton research and protection council fund; use by director

A. The cotton research and protection council fund is established for the purpose of administering this article.  The council shall administer the fund. The fund consists of penalties, fees and other income collected pursuant to this article.

B. The director may request the use of fund monies for the nuisance abatement of upland cotton fields as provided for under the abatement provisions of sections 3-204, subsection G and 3-205, subsection G and the plow up of cotton fields under section 3-204.01. Monies distributed pursuant to this subsection shall be repaid to the fund within one calendar year after their disbursement, but the council may extend the repayment period at its discretion and set the terms and conditions for repayment.  The council may waive repayment of fund monies by the department.

C. The council may deposit monies from fees assessed pursuant to section 3-1086 in the fund.

D. The monies in the fund may be invested pursuant to section 35-313. Interest earned on these monies shall be credited to the fund.
A.R.S. § 3-441 — Arizona Code / Title 3 / Chapter 3 / Article 2 / Section 441
3-441 Definitions
Status: in_force

3-441. Definitions

In this article, unless the context otherwise requires:

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

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

3. "By-products" means any product from citrus fruit that is commercially processed or manufactured for resale.

4. "Citrus" or "citrus fruit" means the fruit of any orange, lemon, lime, grapefruit, tangerine, kumquat or other citrus tree that produces edible citrus fruit suitable for human consumption.

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

6. "Containers" or "packages" means any container used for packing, shipping or selling citrus fruit.

7. "Dealer" means a person that sells, markets or distributes citrus fruit 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.

8. "Lot" means a unit of identical or similar items that are grouped or consolidated in one or more containers for packaging or transporting or a cluster of identical or similar items 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 packing any citrus fruit.

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 citrus fruit to be produced for market in commercial quantities.

12. "Shipper" means a person that ships, transports, sells or markets citrus fruit under the person's registered trademark or label or a person that first markets the citrus fruit on behalf of the producer. Shipper does not include a commission merchant.
A.R.S. § 3-2406 — Arizona Code / Title 3 / Chapter 14 / Article 1 / Section 2406
3-2406 Violation; classification
Status: in_force

3-2406. Violation; classification

A person violating a provision of this article, or a rule or regulation adopted and promulgated thereunder, is guilty of a class 3 misdemeanor.
A.R.S. § 3-367.01 — Arizona Code / Title 3 / Chapter 2 / Article 6 / Section 367.01
3-367.01 Report of loss, damage or nonperformance; effect of failure to file
Status: in_force

3-367.01. Report of loss, damage or nonperformance; effect of failure to file

A. A person suffering loss, damage or nonperformance on any agricultural, ornamental or silvicultural crop resulting from the use or application by others of a pesticide or a method or device for applying pesticides shall file with the department and with the person or persons who are alleged to have caused the loss, damage or nonperformance a written report as prescribed by subsection B within the following times:

1. For a growing crop, within thirty days after the damage is noticed or before fifty per cent of the affected portion of the crop is harvested.

2. For a crop if damage is not visible during growing, within fifteen working days after the damage was visible at harvest.

3. For a crop if damage was not visible during growing or at harvest and the crop is sold by the farmer, within fifteen working days after the farmer is notified of the damage by the buyer.

B. The report shall include, so far as is known to the claimant:

1. The name and address of the claimant.

2. The type, kind and location of property allegedly injured or damaged.

3. The date the alleged loss, damage or nonperformance occurred.

4. The name of the person allegedly responsible for the loss, damage or nonperformance.

5. The suspected pesticide or action that caused the loss, damage or nonperformance.

6. The name of the owner or occupant of the property on which the loss, damage or nonperformance occurred.

C. The failure to report damage as required under this section is prima facie evidence that no loss occurred.
A.R.S. § 3-2153 — Arizona Code / Title 3 / Chapter 13 / Article 5 / Section 2153
3-2153 Antemortem and postmortem inspection; reinspection and quarantine
Status: in_force

3-2153. Antemortem and postmortem inspection; reinspection and quarantine

A. For the purpose of preventing the entry into or flow or movement in intrastate commerce of any poultry product which is capable of use as human food and is adulterated, the division shall, where and to the extent considered by it necessary, cause to be made by inspectors antemortem inspection of poultry in each official establishment engaged in processing poultry or poultry products solely for intrastate commerce.

B. The division, whenever processing operations are being conducted, shall cause to be made by inspectors postmortem inspection of the carcass of each bird processed, and at any time such quarantine, segregation and reinspection as it deems necessary of poultry and poultry products capable of use as human food in each official establishment engaged in processing such poultry or poultry products solely for intrastate commerce.

C. All poultry carcasses and parts thereof and other poultry products found to be adulterated shall be condemned and shall, if no appeal is taken from such determination of condemnation, be destroyed for human food purposes under the supervision of an inspector, provided that carcasses, parts, and products, which may by reprocessing be made not adulterated, need not be so condemned and destroyed if so reprocessed under the supervision of an inspector and thereafter found to be not adulterated. If an appeal is taken from such determination, the carcasses, parts or products shall be appropriately marked and segregated pending completion of an appeal inspection, which appeal shall be at the cost of the appellant if the associate director determines that the appeal is frivolous. If the determination of condemnation is sustained the carcasses, parts and products shall be destroyed for food purposes under the supervision of an inspector.
A.R.S. § 3-1263 — Arizona Code / Title 3 / Chapter 11 / Article 3 / Section 1263
3-1263 Systems for recording or rerecording
Status: in_force

3-1263. Systems for recording or rerecording

The division may record and rerecord brands and earmarks in a brand book or a filing system. Recording or rerecording by either method is compliance with the requirements of this article.
A.R.S. § 3-1404 — Arizona Code / Title 3 / Chapter 11 / Article 7 / Section 1404
3-1404 Payment of proceeds of sale to owner of stray
Status: in_force

3-1404. Payment of proceeds of sale to owner of stray

Upon making satisfactory proof of ownership of any animal sold as a stray within one year after the sale, the department shall pay to the owner of the animal the net proceeds realized at the sale less any expenses incurred.
A.R.S. § 3-466 — Arizona Code / Title 3 / Chapter 3 / Article 2 / Section 466
3-466 Civil penalties; hearing
Status: in_force

3-466. Civil penalties; hearing

A. A person is subject to a civil penalty of not more than five hundred dollars if the person does either of the following:

1. Acts as a dealer or shipper without a valid license.

2. Knowingly falsifies or causes to be falsified information in a record intended to show proof of ownership.

B. A person is subject to a civil penalty of not more than three hundred dollars if the person does any of the following:

1. Makes a written or oral false, deceptive or misleading representation or assertion concerning the quality, size, maturity or condition of citrus fruit.

2. Alters, removes or destroys a warning notice from a lot or part of a lot to which it was affixed except on written authorization of an inspector, the associate director or the director or by court order.

3. Alters a notice of noncompliance, notice of compliance or notice of disposal that is issued by an inspector.

4. Refuses to submit any container or lot of citrus fruit governed pursuant to this article to an inspection of a representative sample or to refuse to stop and permit inspection of a representative sample of any commercial vehicle containing citrus fruit governed pursuant to this article.

C. A commission merchant is subject to a civil penalty of not more than five hundred dollars if the commission merchant does any of the following:

1. Knowingly makes a false or misleading statement as to the condition of any citrus fruit.

2. Makes a fraudulent charge or return for handling or selling citrus fruit or for rendering any service in connection with handling or selling citrus fruit.

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

4. Sells citrus fruit at less than market price to a person with whom the consignment merchant has a direct or indirect financial connection.

5. Makes a sale and directly or indirectly receives a portion of the purchase price other than the commission specified in the contract.

D. A person who is charged with violating this article or rules adopted pursuant to this article may request a hearing pursuant to title 41, chapter 6, article 10.

E. Civil penalties collected pursuant to this section shall be deposited in the citrus, fruit and vegetable trust fund.
A.R.S. § 3-1454 — Arizona Code / Title 3 / Chapter 11 / Article 9 / Section 1454
3-1454 Standards of operations for feed lots
Status: in_force

3-1454. Standards of operations for feed lots

A. Owners and operators who are granted a feed lot license shall:

1. Provide reasonable methods for the disposal of animal excrement.

2. Provide a chemical and scientific control procedure for prevention and eradication of pests.

3. Provide adequate drainage of surface waters falling upon the area occupied by such feed lots.

4. Provide adequate services for detection, control and treatment of beef cattle diseases.

5. Have available for use at all times mechanical means for scraping, cleaning and grading feed lots.

6. Conduct feed lot operations in conformity with established practices in the feed lot industry as approved by rules adopted by the director and in accordance with the standards set forth in this article.

B. The operation of any feed lot in compliance with the standards prescribed by subsection A and the rules adopted by the director and with a valid feed lot license shall be admitted as evidence in any action or hearing involving a claim that an operator is in violation of this article.
A.R.S. § 3-723 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 723
3-723 Price advertisements; designation of size and grade of eggs
Status: in_force

3-723. Price advertisements; designation of size and grade of eggs

Advertising by sign, placard or otherwise the price at which chicken eggs are offered for sale without marking the full, correct and unabbreviated designation of size and grade of the eggs, or nest run, according to the standards prescribed pursuant to this chapter on the advertisement is prohibited.
A.R.S. § 3-2166 — Arizona Code / Title 3 / Chapter 13 / Article 5 / Section 2166
3-2166 Condemnation of product
Status: in_force

3-2166. Condemnation of product

A. Any poultry product or any dead, dying or disabled or diseased poultry that is being transported in intrastate commerce, or is held for sale in this state after such transportation, and is or has been processed, sold, transported or otherwise distributed or offered or received for distribution in violation of this article, or is capable of use as human food and is adulterated or misbranded, or in any other way is in violation of this article, shall be liable to be proceeded against and seized and condemned at any time on a libel of information in the superior court in any county within the jurisdiction of which the article or poultry is found. If the article or poultry is condemned it shall after entry of the decree be disposed of by destruction or sale as the court may direct and the proceeds if sold less the court costs and fees, and storage and other proper expenses, shall be deposited, pursuant to sections 35-146 and 35-147, but the article or poultry shall not be sold contrary to the provisions of this article, or the federal poultry products inspection act or the federal food, drug and cosmetic act, provided that upon the execution and delivery of a good and sufficient bond conditioned that the article or poultry shall not be sold or otherwise disposed of contrary to this article or the laws of the United States, the court may direct that such article or poultry be delivered to the owner thereof subject to such supervision by authorized representatives of the department as is necessary to insure compliance with the applicable laws. When a decree of condemnation is entered against the article or poultry and it is released under bond or destroyed, court costs and fees and storage and other proper expenses shall be awarded against the person intervening as claimant of the article or poultry.

B. The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this article or other laws.
A.R.S. § 3-623 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 623
3-623 Manufacturing milk or cream; operating requirements; sanitation; sediment test tolerance; pasteurization
Status: in_force

3-623. Manufacturing milk or cream; operating requirements; sanitation; sediment test tolerance; pasteurization

A. Any barn, corral, enclosure or place in which manufacturing milk or cream is produced shall be kept free from accumulations of manure or other filth, and a foul smelling or unsanitary condition in or near the place shall not be tolerated.

B. Manufacturing milk or cream shall be produced in a clean and sanitary manner, strained into cans as produced and kept free of insects or other foreign matter. Manufacturing milk or cream shall not exceed a number three sediment test given as prescribed for the examination of dairy products by the standard methods of the association of official agricultural chemists. Utensils used in handling manufacturing milk or cream shall be washed clean after each use, disinfected by a chemical or steam process and stored in a clean place. The utensils shall comply with the requirements prescribed for utensils used in the production of grade A milk.

C. Manufacturing milk or cream shall not be used for manufacturing purposes unless it has been produced and handled as prescribed in this section, and pasteurized during the process of manufacture.
A.R.S. § 3-3454 — Arizona Code / Title 3 / Chapter 19 / Article 4 / Section 3454
3-3454 License required as registered service agency or registered service representative; qualifications; application; fees; renewal
Status: in_force

3-3454. License required as registered service agency or registered service representative; qualifications; application; fees; renewal

A. A person shall not operate as a registered service agency or as a registered service representative until a license is issued as provided in this section.

B. An applicant for a registered service agency license shall:

1. Submit application information satisfactory to the division.

2. Comply with section 3-3416, subsection E or provide evidence that the applicant's vapor recovery test equipment has been certified by the manufacturer of the equipment within one year of the date of the application or as deemed appropriate by the division.

3. Pay all required fees.

C. An applicant for a registered service representative license shall:

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

2. Demonstrate to the division that the applicant has possession of, or has available for use, weights and testing equipment appropriate in design and adequate in amount.

3. Demonstrate the necessary knowledge, training and experience regarding appropriate standards and testing equipment to service commercial devices, vapor recovery systems or vapor recovery components.

4. Pass the required examination administered by the division.

5. Pay all required fees.

D. An application for a registered service agency or registered service representative license shall be submitted by the applicant to the division on a form prescribed and furnished by the division. The division shall issue a registered service agency or registered service representative license for a period of twelve calendar months.  The license expires on the first day of the month and year indicated on the license.  Each license shall contain, among other information, a license number. A registered service agency license shall be posted at the licensed business location in a manner that provides the division with access to the license during normal business hours.  While performing the duties of a registered service representative, a registered service representative shall have the registered service representative's license in the registered service representative's possession.

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

F. The associate director shall publish, from time to time as the associate director deems appropriate, and may supply on request lists of registered service representatives and registered service agencies.

G. Each registered service representative license issued by the division shall indicate the type of service approved by the division for the licensee.

H. A registered service agency shall use forms and related procedures prescribed by the division in the performance of its duties.  A registered service agency shall keep a legible copy of each form used for at least the time period prescribed by the division in its rules. Copies of the forms shall be available during normal business hours for inspection by the division.
A.R.S. § 3-1346 — Arizona Code / Title 3 / Chapter 11 / Article 5 / Section 1346
3-1346 Seasonal inspection for exhibition livestock; fee
Status: in_force

3-1346. Seasonal inspection for exhibition livestock; fee

A. Seasonal inspection certificates may be issued, under the self-inspection program, for exhibition livestock for any purpose other than slaughter, sale or trade. The fee for a seasonal brand inspection certificate is five dollars plus fifty cents per head of livestock in excess of ten.

B. The certificate shall state the date of issuance, the sex, color and breed, the brand or brands and their location and any other identifying marks and the name of the owner of the livestock.  The words "seasonal brand inspection" shall be written across the face of the certificate.

C. The certificate is valid for twelve months after the date of issuance and shall accompany the livestock while in transit.
A.R.S. § 3-3496 — Arizona Code / Title 3 / Chapter 19 / Article 6 / Section 3496
3-3496 Use of gasoline purchased outside of area A or area B
Status: in_force

3-3496. Use of gasoline purchased outside of area A or area B

This article does not prohibit the use within area A or area B of gasoline purchased outside of area A or area B which does not contain the percentage weights of oxygen required by this article if the use is incidental and not for the purpose of evading the requirements of this article.
A.R.S. § 3-1235 — Arizona Code / Title 3 / Chapter 11 / Article 2 / Section 1235
3-1235 Payments to organizations
Status: in_force

3-1235. Payments to organizations

From the funds it receives, the council may pay or contribute to organizations such as, but not limited to, the national livestock and meat board, to carry out work and programs approved by the council.
A.R.S. § 3-2096 — Arizona Code / Title 3 / Chapter 13 / Article 3 / Section 2096
3-2096 Disciplinary actions
Status: in_force

3-2096. Disciplinary actions

A. The associate director may suspend or revoke any license, permit, establishment number or meat inspection service granted under this chapter for any of the following reasons:

1. Violation of this chapter.

2. Violation of any rule issued pursuant to this chapter, including any existing federal meat inspection regulation incorporated by reference and adopted by the director.

3. Violation of title 36, chapter 8, article 1 or any provision of title 44, chapter 10, article 7.

4. Conviction of any offense under this chapter or title 36, chapter 8, article 1 or any offense involving fraud or misrepresentation.

B. Prior to taking any action under subsection A, the associate director shall provide a written notice stating the nature of the charge or charges against the holder of a license, permit, establishment number or meat inspection service granted under this chapter. The notice shall be served either personally or by mailing a copy thereof, certified mail, to the address last known to the department or to the chief veterinary meat inspector. The notice shall also inform the person of the right to a hearing on the action pursuant to title 41, chapter 6, article 10.

C. When the administrative law judge determines that a person who has a license, permit, establishment number or meat inspection service is subject to suspension or revocation for any reasons provided, the administrative law judge may, instead of suspending or revoking the license, permit, establishment number or meat inspection service, impose a civil penalty of not more than one thousand dollars for each violation as specified in subsection A. The administrative law judge may also, in combination with or in lieu of the civil penalty, impose probation with the period and conditions deemed necessary to protect the public health and safety and to allow the person on whom the probation is imposed to rectify the conditions found by the department.
A.R.S. § 3-275 — Arizona Code / Title 3 / Chapter 2 / Article 3 / Section 275
3-275 Guaranteed analysis required in licensing and labeling
Status: in_force

3-275. Guaranteed analysis required in licensing and labeling

A. The guaranteed analysis of a commercial fertilizer shall state the represented percentages of nitrogen, available phosphate and soluble potash if claimed. The percentage of phosphate shall be expressed in terms of phosphorus pentoxide and the percentage of potash in terms of potassium oxide.

B. The guaranteed analysis for other commercial fertilizers shall be represented as required by rule.
A.R.S. § 3-2010 — Arizona Code / Title 3 / Chapter 13 / Article 1 / Section 2010
3-2010 Identification of animals with drug residue; violation; classification
Status: in_force

3-2010. Identification of animals with drug residue; violation; classification

A. The owner of an animal which has been treated with an antibiotic which has a specific withdrawal period shall not market the animal for slaughter or through a livestock auction unless either:

1. The stated withdrawal period has expired.

2. The animal is identified and the restrictions disclosed to all potential buyers.

B. A producer who has been notified and is currently under United States department of agriculture restrictions for residue violations shall disclose that fact and identify animals he markets. Such a producer may certify that the animal has undergone the prescribed withdrawal period required for slaughter.

C. The identification prescribed by subsections A and B shall accompany the animal for at least thirty days or until it is slaughtered.

D. The division shall determine the method for identifying animals as required by this section.

E. A person who violates this section is guilty of a class 2 misdemeanor.
A.R.S. § 3-410 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 410
3-410 Election procedures
Status: in_force

3-410. Election procedures

A. For an election conducted by referendum, each affected person entitled to vote on the department list shall receive a ballot. The ballot shall state or be accompanied by the text of the proposed marketing order, the date the ballot must be received by the department and the address to which the ballot shall be returned. The return date shall be between fifteen and thirty days after it is sent by the department.

B. For an election conducted by written assents, each written assent shall specify that the written assent is being filed for the proposed marketing order, shall be dated and signed and shall clearly state the name, representative capacity and address of the person filing the written assent.

C. Each person entitled to vote shall have one vote. If the proposed marketing order program regulates both producers and shippers, a person who is both a producer and shipper is entitled to one vote for each category.

D. If both producers and shippers are to be regulated under the marketing order, voting shall be conducted independently for each category. The marketing order must be separately approved by each category to be effective for the category.

E. Within ten days after the date for returning ballots for a referendum or within ten days after the close of the period for filing written assents, the department shall certify the election results. The department may not disclose how a particular person voted but shall disclose who voted and the total number of votes cast favoring the marketing order and the total number of votes cast opposing the marketing order.

F. If approved, the marketing order is effective a minimum of five days after the notice is mailed to every affected person and to every person who requests notification.
A.R.S. § 3-428 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 428
3-428 Approval of a marketing agreement; amendments; term
Status: in_force

3-428. Approval of a marketing agreement; amendments; term

A. A marketing agreement applies only to producers and shippers who sign the marketing agreement and is effective on the approval of the director. Additional signatories may be added with the approval of the director. If signatories withdraw, the director may review and terminate the marketing agreement if not enough signatories remain to defray expenses of the marketing agreement.

B. A marketing agreement may be amended at any time with the approval of the director and all of the signatories.  If a signatory fails to vote on a proposed amendment within thirty days after notice of the proposed amendment, the signatory is deemed to have approved the amendment.

C. A marketing agreement is binding on signatories for a period specified in the marketing agreement, but not longer than twelve months. The marketing agreement may be renewed for an additional three terms without the requirement of a public meeting provided in section 3-425.

D. If a marketing agreement remains effective for a fourth term, the department must hold a public meeting pursuant to section 3-425 during that term.  The proposed marketing agreement may amend the current agreement.  If the marketing agreement is reapproved, the new term begins on the expiration of the existing term.
A.R.S. § 3-903 — Arizona Code / Title 3 / Chapter 7 / Article 1 / Section 903
3-903 Protected group of plants; botanical names govern; categories of protected plants; power to add or remove plants; annual hearing
Status: in_force

3-903. Protected group of plants; botanical names govern; categories of protected plants; power to add or remove plants; annual hearing

A. The protected group of native plants shall include, and protected native plants shall be, any plant or part of a plant, except, unless otherwise specifically included, its seeds or fruit, which is growing wild on state land or public land or on privately owned land without being propagated or cultivated by human beings and which is included by the director on any of the definitive lists of protected categories of protected native plants described in this section. The director by definitive lists may divide any protected category into subcategories which are to receive different treatment under the rules adopted under this article to conserve or protect such plants. In the preparation of each list of plants within a protected category or subcategory the director shall list by botanical names all of those protected plants which are to fall within the protection of that category or subcategory. The botanical names of the listed plants govern in all cases in the interpretation of this article and any rules adopted under this article.

B. The director shall establish by rule the lists of plants in the following categories of protected native plants:

1. Highly safeguarded native plants to be afforded the exclusive protections, including the use of scientific or threatened collection and salvage permits, provided this category in this chapter. This category includes those species of native plants and parts of plants, including the seeds and fruit, whose prospects for survival in this state are in jeopardy or which are in danger of extinction throughout all or a significant portion of their ranges, and those native plants which are likely within the foreseeable future to become jeopardized or in danger of extinction throughout all or a significant portion of their ranges. This category also includes those plants resident to this state and listed as endangered, threatened, or category 1 in the federal endangered species act of 1973 (P.L. 93-205; 87 Stat. 884; 16 United States Code sections 1531 et seq.), as amended, and any regulations adopted under that act.

2. Salvage restricted native plants to be afforded the exclusive protections involving the use of salvage permits, tags and seals provided in this chapter. This category includes those native plants which are not included in the highly safeguarded category but are nevertheless subject to a high potential for damage by theft or vandalism.

3. Salvage assessed native plants to be afforded the exclusive protections, involving the use of salvage tags and seals and annual salvage permits, provided in this chapter. This category includes those native plants which are not included in either the highly safeguarded or salvage restricted categories but nevertheless have a sufficient value if salvaged to support the cost of salvage tags and seals.

4. Harvest restricted native plants to be afforded the exclusive protections involving the use of harvest permits and wood receipts provided in this chapter. This category includes those native plants which are not included in the highly safeguarded category but are subject to excessive harvesting or overcutting because of the intrinsic value of their by-products, fiber or woody parts.

C. The director by rule may add or remove a native plant to or from the protected group or any of the categories of protected native plants.

D. The director shall hold a public hearing on native plants at least every twelve months after giving notice as required by section 3-912, subsection B.
A.R.S. § 3-2154 — Arizona Code / Title 3 / Chapter 13 / Article 5 / Section 2154
3-2154 Sanitation, facilities and practices
Status: in_force

3-2154. Sanitation, facilities and practices

A. Each official establishment slaughtering poultry or processing poultry products solely for intrastate commerce shall be operated in accordance with such sanitary practices as are required by rules adopted by the director for the purpose of preventing the entry into or flow or movement in intrastate commerce of poultry products which are adulterated.

B. The department shall refuse to render inspection to any establishment whose premises, facilities or equipment, or the operation thereof, fail to meet the requirements of this section.
A.R.S. § 3-372 — Arizona Code / Title 3 / Chapter 2 / Article 6 / Section 372
3-372 Emergency use of pesticides
Status: in_force

3-372. Emergency use of pesticides

During a time when a person's license, permit, certificate or registration is under suspension or revocation or an order has been issued, a person requiring the application of a pesticide may apply to the director for emergency relief. If the director determines that an emergency exists which requires an application of pesticide, the director may authorize an application of pesticide under supervision and under conditions prescribed by the director. The cost of such supervision shall be borne by the person whose permit or license is suspended or revoked or on whom an order has been issued. The director shall adopt guidelines on what constitutes an emergency.
A.R.S. § 3-313 — Arizona Code / Title 3 / Chapter 2 / Article 4.1 / Section 313
3-313 Rulemaking; fees; intent
Status: in_force

3-313. Rulemaking; fees; intent

A. For the purposes of carrying out this article, the director shall:

1. Adopt rules pursuant to title 41, chapter 6 to oversee the licensing, production and management of industrial hemp and hemp seed in this state pursuant to this article.

2. Adopt fees by rule.

3. Authorize qualified applicants to propagate, harvest, transport or process, or any combination thereof, industrial hemp according to rules adopted by the director.

B. The legislature intends that the fees adopted pursuant to subsection A, paragraph 2 of this section be used to fund the department's activities in licensing, testing, inspecting and supervising industrial hemp production.
A.R.S. § 3-316 — Arizona Code / Title 3 / Chapter 2 / Article 4.1 / Section 316
3-316 Recordkeeping, inspection, transportation and distribution requirements
Status: in_force

3-316. Recordkeeping, inspection, transportation and distribution requirements

A. A grower, harvester, transporter or processor of industrial hemp that is licensed pursuant to this article shall keep and maintain records as required by rule or order.  The director or the director's designee may inspect or audit the records during normal business hours to ensure compliance with this article or any department rule or order.

B. The director or the director's designee may physically inspect an industrial hemp site to ensure compliance with this article or any department rule or order. During any physical inspection of an industrial hemp site, the director or the director's designee may take a representative sample for analysis by the state agricultural laboratory or a laboratory that is certified by the state agricultural laboratory. If a crop contains an average carboxylated delta-9 tetrahydrocannabinol concentration that exceeds three-tenths percent on a dry-weight basis or violates any other pesticide law, the department may take corrective action pursuant to section 3-317.

C. Notwithstanding section 13-3405, the director or the director's designee may possess and transport samples of cannabis sativa L. collected for testing to determine delta-9 tetrahydrocannabinol concentration for eligibility as industrial hemp.

D. Only a licensed grower, harvester, processor or transporter or the director or the director's designee may transport industrial hemp off the industrial hemp site. When transporting industrial hemp off the industrial hemp site, the licensed grower, processor or transporter shall carry the licensing documents as evidence that the industrial hemp was grown by a licensed grower. This subsection does not apply to the transportation of hemp products.

E. A licensed grower shall notify the department of all of the following:

1. The sale or distribution of any industrial hemp grown under the grower's license.

2. The name and address of the person or entity receiving the industrial hemp.

3. The amount of the industrial hemp sold or distributed.
A.R.S. § 3-526.06 — Arizona Code / Title 3 / Chapter 3 / Article 4.2 / Section 526.06
3-526.06 Iceberg lettuce trust fund
Status: in_force

3-526.06. Iceberg lettuce trust fund

A. The iceberg lettuce trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article.  Monies collected pursuant to section 3-526.04 shall be deposited in the trust fund.

B. The council shall administer the trust fund as trustee.  The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, which are considered to be trust monies as defined in section 35-310 and which shall not be commingled with any other monies in the state treasury except for investment purposes.  On notice from the council, the state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35-313 and 35-314.03, and monies earned from the investment shall be credited to the trust fund.

C. The beneficiary of the trust is the agricultural program established by this article.  Monies in the trust fund shall be disbursed as approved by the council exclusively for the purposes prescribed in this article.

D. Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year, do not revert to the state general fund.

E. If the council is terminated, any monies in the trust fund shall be expended to meet existing legal obligations of the council. The council shall expend any remaining monies on any program consistent with this article.
A.R.S. § 3-661 — Arizona Code / Title 3 / Chapter 4 / Article 3 / Section 661
3-661 Definitions
Status: in_force

3-661. Definitions

In this article, unless the context otherwise requires:

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

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

3. "Label" means any display of written, printed or graphic matter on the immediate container of any real or trade product, or any such matter affixed to any such product or affixed to or appearing upon a package or wrapping containing any such product. For purposes of this paragraph, "container" shall include the lid, cap, top or any other removable or separable part, as well as the container itself.

4. "Real product" or "real milk product" means a dairy product which contains milk solids-not-fat and which may contain milk fat, but in no event contains:

(a) Any other oils or fats.

(b) Any replacement or substitute for any part of the whole milk. A nutritious, wholesome and healthful additive may be contained in such a product, provided such additive is not a replacement or substitute for any part of the whole milk.

5. "Trade product" means a product which has the appearance, taste, smell, texture or color of, but is not, a real product; which, taken as a whole, bears resemblance to or is in imitation of a real product, or could be mistaken for a real product.
A.R.S. § 3-282 — Arizona Code / Title 3 / Chapter 2 / Article 3 / Section 282
3-282 Short weight
Status: in_force

3-282. Short weight

If any fertilizer material in the possession of the consumer is found by the director to be short in weight, the licensee or distributor of the fertilizer material shall, within thirty days after official notice from the department, pay to the consumer a penalty equal to four times the value of the actual shortage.
A.R.S. § 3-1205 — Arizona Code / Title 3 / Chapter 11 / Article 1 / Section 1205
3-1205 Control of animal diseases; violation; classification
Status: in_force

3-1205. Control of animal diseases; violation; classification

A. When advised of the occurrence of a disease of animals or poultry which constitutes a threat to the livestock or poultry industries, the director may issue lawful orders and adopt rules he deems necessary.

B. The state veterinarian may enter any place where a suspected animal or poultry may be and take custody of the animal or poultry for the purpose of determining the presence of a contagious, infectious or communicable disease.

C. The director may direct the state veterinarian and agency employees to:

1. Establish quarantines and define their boundaries.

2. Destroy animals or poultry when necessary to prevent the spread of any infectious, contagious or communicable disease.

3. Appoint appraisers for the purpose of indemnifying owners of animals or poultry destroyed.

4. Control the movement of animals or poultry, animal or poultry products and agricultural products which may be directly related to dissemination of diseases affecting the livestock or poultry industries.

D. Any person who violates any lawful order or rule issued pursuant to the provisions of subsection A, or breaks any quarantine established by the state veterinarian for the prevention and control of disease among livestock or poultry, is guilty of a class 2 misdemeanor.
A.R.S. § 3-608 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 608
3-608 Distributing and manufacturing plants; records
Status: in_force

3-608. Distributing and manufacturing plants; records

A person having charge of a distributing plant or manufacturing plant shall maintain a complete monthly record of the quantity and source from which dairy products are received and the sales of dairy products shipped or sold from the plant.
A.R.S. § 3-1007 — Arizona Code / Title 3 / Chapter 8 / Article 1 / Section 1007
3-1007 Additional powers
Status: in_force

3-1007. Additional powers

A. In addition to the powers which it may now have, the Arizona exposition and state fair board shall have power:

1. To acquire by purchase or gift and to hold and dispose of personal property, or rights or interest therein.

2. To construct all proper exhibition halls, auditoriums and coliseums, and to furnish and equip the same.

3. To borrow money and issue bonds payable solely from the net revenues derived from the operation of the Arizona coliseum and exposition center and all of the facilities thereof, after providing for all expenses of operation and maintenance, and to provide for the rights of the holders hereof. All such bond issues hereinafter approved by the board shall be subject to approval by the legislature.

B. All procurement pursuant to this section shall be made as prescribed in title 41, chapter 23 unless otherwise provided by law.
A.R.S. § 3-1082 — Arizona Code / Title 3 / Chapter 10 / Article 1 / Section 1082
3-1082 Cotton research and protection council; membership; terms; vacancy; compensation
Status: in_force

3-1082. Cotton research and protection council; membership; terms; vacancy; compensation

A. The cotton research and protection council is established and is composed of nine active cotton producers to be appointed by the governor.  The members shall be appointed as follows:

1. Two each who are residents of:

(a) Maricopa county.

(b) Pinal county.

(c) The Yuma, La Paz and Mohave counties area.

2. One each who is a resident of:

(a) Pima county.

(b) Cochise county.

(c) The Graham and Greenlee counties area.

B. The governor may consult with any recognized cotton producer organizations in this state in determining appointments to the council.

C. The term of office of council members is three years and expires on December 31 of the appropriate year, but a member may continue to serve until a successor is appointed and assumes office. A member is eligible for a second consecutive three-year term. A member who completes a second consecutive three-year term is ineligible for reappointment for at least one year. On the expiration of a term of a member or in the event of a vacancy, a successor shall be appointed by the governor.

D. If the office of any council member becomes vacant, the council shall notify the governor and the governor shall appoint a person to fill the remainder of the term.  The office of any member shall be deemed vacant under any of the following circumstances:

1. The member is no longer an active cotton producer.

2. The member is unable to perform the duties of office.

3.  The member has been absent from three consecutive council meetings if the absences have not been excused by the council.

4. The member has ceased to reside in the county or county area that the member was appointed to represent.

E. Members of the council are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
A.R.S. § 3-3471 — Arizona Code / Title 3 / Chapter 19 / Article 5 / Section 3471
3-3471 Registered service representative; powers; violation; classification
Status: in_force

3-3471. Registered service representative; powers; violation; classification

A. When any commercial device specified in this chapter is in commercial use and a valid license for the device has not been procured by the owner, the owner's agent or the operator of the device, the division, after giving notice of the licensing requirements to the owner, the owner's agent or the operator, shall prohibit the further commercial use of the unlicensed device until the proper license has been issued. The division may employ and attach to the device such forms, notices or security seals as it considers necessary to prevent the continued unauthorized use of the device.

B. A registered service representative may:

1. With approval of the division, remove an official rejection tag placed on a commercial device, vapor recovery system or vapor recovery component.

2. Place in service, until such time as an official examination can be made, a commercial device, vapor recovery system or vapor recovery component that has been officially rejected or placed out of service.

3. Place in service, until such time as an official examination can be made, a commercial device for which a commercial device application has been completed and submitted to the division.

C. The owner of any business who has not applied for and has not been issued a license for the right to do business, involving the use of a commercial device, by the division and who is found selling or offering for sale or delivering or distributing to a consumer is guilty of a class 2 misdemeanor, and the division shall confiscate and seize the commercial device or any vehicle tank, or vehicle tank and meter, or any other such measuring device used by the business for the sale, delivery or distribution as evidence.

D. The associate director and any other authorized personnel shall not be liable to the owner or any other persons, firms, partnerships, corporations, trusts or agencies for damages, directly or indirectly, caused by or resulting from the seizure.

E. If a commercial device licensed pursuant to this chapter is used contrary to any provision of this chapter or any rule adopted pursuant to this chapter, the division, in addition to any other penalty imposed by this chapter, shall suspend, revoke or refuse to renew the license.
A.R.S. § 3-613 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 613
3-613 Importation of diseased animals
Status: in_force

3-613. Importation of diseased animals

A dairy animal infected with tuberculosis, contagious abortion or other contagious or infectious disease shall not be brought into the state. A dairy animal brought into the state shall be accompanied by a certificate issued by a state veterinarian stating that the animal is free from tuberculosis, and negative to the blood test for contagious or infectious disease.
A.R.S. § 3-268 — Arizona Code / Title 3 / Chapter 2 / Article 3 / Section 268
3-268 Inspection fees and reports; violations; classification
Status: in_force

3-268. Inspection fees and reports; violations; classification

A. An inspection fee at the rate of twenty cents per ton shall be paid to the department on commercial fertilizers distributed in this state by any person subject to the following:

1. If more than one distributor is involved in the chain of distribution, the one who sells directly to the ultimate consumer or to a distributor exempted from a license is responsible for submitting the tonnage report and the payment of inspection fees.

2. Distributors exempt from a license shall not be responsible for the filing of tonnage reports or the payment of the inspection fees for products purchased from a licensee and sold in the form in which received.

3. No inspection fees are required for commercial fertilizers sold or exchanged between licensed manufacturers for further manufacturing or processing, or for commercial fertilizers on which the inspection fee has been paid by a previous manufacturer or distributor in the chain of distribution.

4. The minimum inspection fee shall be two dollars per quarter.

5. The director, after opportunity for a hearing, may decrease or increase the inspection fee provided in this section, but at no time shall the rate exceed twenty-five cents per ton.

B. Each person who is liable for the payment of such fee shall:

1. File, not later than the last day of January, April, July and October of each year, a quarterly statement, setting forth the number of net tons of commercial fertilizers distributed in this state during the preceding calendar quarter. Upon filing the statement such person shall pay the inspection fee at the rate stated in subsection A of this section.  Inspection fees which are due and owing and have not been remitted to the department within thirty days following the date due shall have a penalty fee of ten per cent or ten dollars whichever is larger added to the amount due when payment is finally made. The assessment of this penalty fee shall not prevent the director from taking other actions pursuant to this article.

2. Keep such records as may be necessary or required by the director to indicate accurately the tonnage of commercial fertilizer distributed in this state. The director shall have the right to examine such records to verify statements of tonnage. Failure to make an accurate statement of tonnage or to pay the inspection fee or comply as provided in this section shall constitute cause for cancellation of any or all commercial fertilizer licenses on file for the distributor.

C. Fees collected shall constitute a fund for the payment of the costs of inspection, sampling, analysis and other expenses necessary for the administration of this article and may also be used to grant monies for conducting research and education projects to advance the environmentally safe and agronomically sound use and handling of fertilizer material.

D. The director or any officer or employee of the state whose duties require the compilation of reports based upon the information required by this section who knowingly compiles or issues any false information or report, or who knowingly, directly or indirectly, discloses information thus obtained regarding the business of any person, except with the consent of such person, or in the form of unidentifiable totals, or as authorized by section 3-266, is guilty of a class 2 misdemeanor.
A.R.S. § 3-422 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 422
3-422 Records and reports
Status: in_force

3-422. Records and reports

A. The department may require affected persons to maintain records about their operation and furnish the records on request to the marketing commission, marketing committee or department to ensure compliance with a marketing order or marketing agreement.

B. The marketing commission, marketing committee or hearing officer may hold a hearing in which persons may be required to testify under oath.

C. All information concerning the businesses of individual producers and shippers, including cartons or equivalent marketed, the dollar value of gross annual sales and audit and inspection records, is not a public record and shall not be disclosed except:

1. By court order.

2. To a person who presents a release signed by the producer or shipper.

3. In an annual report or similar document if individual producers and shippers are not identifiable.

4. In relation to a judicial or administrative proceeding for the purpose of enforcing or administering an order or agreement.

D. All results of elections for a marketing order, marketing agreements, contracts entered into by a marketing commission or marketing committee and annual reports are public records.
A.R.S. § 3-725 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 725
3-725 Egg products; rules; out-of-state products; sanitary certificate
Status: in_force

3-725. Egg products; rules; out-of-state products; sanitary certificate

A. Egg products shall not be sold in this state for human consumption unless the eggs used in such egg products have been candled to eliminate inedibles prior to removing the liquid from the shell and all further handling is pursuant to the rules prescribed under this chapter concerning sanitary requirements for separate egg breaking rooms, the quality and type of eggs to be broken and the labeling, freezing and storing of the product. Such egg products shall have been pasteurized by approved methods except as otherwise permitted by rules prescribed pursuant to this chapter.

B. Egg products prepared outside of the state, but within the United States, shall have been prepared only from eggs fit for human food and are at all times subject to the state rules for sampling and inspection procedure and subject to a reasonable inspection fee as provided in section 3-716.

C. As used in this section with relation to egg products, the standards of quality as determined by organoleptic inspections and laboratory analysis tests shall be as formulated by the United States department of agriculture. An inspector may take samples of any egg products within the state for laboratory analysis tests for the purpose of determining whether or not any provisions of this article have been violated.
A.R.S. § 3-720 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 720
3-720 Containers not requiring markings; department of agriculture grades
Status: in_force

3-720. Containers not requiring markings; department of agriculture grades

A. No markings are required on cases, containers or subcontainers of eggs:

1. When a case, half case or container contains properly-marked cartoned or packaged eggs.

2. When sold to and packed on a contract basis for the United States armed forces or United States government institutions if labeled with United States department of agriculture grades.

3. When packed for shipment or being shipped to points outside the state.

4. When sales are made by the producer from eggs produced on his own premises and sold direct to the consumer.

5. When being delivered from outside the state to dealers in the state for candling and grading.

6. When being delivered to or when in possession of a dealer for candling and grading, when being delivered to cold storage, when in cold storage or when being removed from cold storage, except that eggs which have been in an incubator shall be marked "hatchery test" together with the name and address of the hatchery of origin.

B. Eggs marked with United States department of agriculture grades as referred to in subsection A, paragraph 2, shall be considered in compliance with the rules prescribed under this chapter if the eggs so marked as to grade and size meet requirements of the comparable quality, grade and size designation prescribed under this chapter. Eggs shall not be marked with United States grade designations of a lower quality or size than comparable grades prescribed under this chapter.
A.R.S. § 3-2663 — Arizona Code / Title 3 / Chapter 15 / Article 3 / Section 2663
3-2663 Revocation or refusal of permit
Status: in_force

3-2663. Revocation or refusal of permit

Upon determination that any person having a permit under this article, or who has applied for a permit hereunder has violated or failed to comply with any of the provisions of this article, or any of the rules adopted under this article, the associate director may revoke such permit or refuse to issue a permit to such applicant.
A.R.S. § 3-2132 — Arizona Code / Title 3 / Chapter 13 / Article 4 / Section 2132
3-2132 Labeling of equines other than horses
Status: in_force

3-2132. Labeling of equines other than horses

No person, firm or corporation shall sell, transport, offer for sale or transportation or receive for transportation any carcasses of mules, or equines other than horses, or parts of such carcasses, or the meat or meat food products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by rules prescribed by the director to show the kinds of animals from which they were derived. When required by the director, with respect to establishments at which inspection is maintained under this chapter, such animals and their carcasses, parts thereof, meat and meat food products shall be prepared in establishments separate from those in which cattle, sheep, swine or goats are slaughtered or their carcasses, parts thereof, meat or meat food products are prepared.
A.R.S. § 3-2913 — Arizona Code / Title 3 / Chapter 16 / Article 1 / Section 2913
3-2913 Aquaculture trust fund
Status: in_force

3-2913. Aquaculture trust fund

A. The aquaculture trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. The trust fund consists of revenues received from fees and all other sources under this article except civil penalties under section 3-2912. The monies collected constitute a separate and permanent fund for the use of the director in administering and enforcing this article.

B. The director shall administer the trust fund as trustee.  The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, which are considered to be trust monies as defined in section 35-310 and which shall not be commingled with any other monies in the state treasury except for investment purposes.  On notice from the director, the state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35-313 and 35-314.03, and monies earned from investment shall be credited to the trust fund.

C. The beneficiary of the trust is the agricultural program established by this article.

D. Any monies remaining unexpended in the fund on June 30 each year shall be carried forward to the following year and do not revert to the state general fund.  The director shall take that amount into account in computing and setting fees under this article for that year.
A.R.S. § 3-1308 — Arizona Code / Title 3 / Chapter 11 / Article 4 / Section 1308
3-1308 Evidence of illegal possession of livestock
Status: in_force

3-1308. Evidence of illegal possession of livestock

Upon trial of a person charged with unlawful possession, handling, driving or killing of livestock, the possession under claim of ownership without a written and acknowledged bill of sale, as provided by section 3-1291, is prima facie evidence against the accused that the possession is illegal.
A.R.S. § 3-215 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 215
3-215 Violations; classification
Status: in_force

3-215. Violations; classification

A. It is unlawful to knowingly refuse or fail to comply with any rule or order adopted by the director to protect the agricultural or horticultural industry, or adopted to control a quarantine zone established by the director. A violation of this subsection is a class 2 misdemeanor.

B. A person obstructing or conspiring to obstruct the director or his representatives, in the performance of their duties, or who violates any provision of this article is guilty of a class 1 misdemeanor. Each separate violation shall constitute a separate offense.

C. This section does not apply to a person who fails to destroy cotton or cotton stubble before an established date or who plants cotton before an established date.
A.R.S. § 3-526.01 — Arizona Code / Title 3 / Chapter 3 / Article 4.2 / Section 526.01
3-526.01 Arizona iceberg lettuce research council; appointment; term
Status: in_force

3-526.01. Arizona iceberg lettuce research council; appointment; term

A. The Arizona iceberg lettuce research council is established consisting of seven producers appointed by the governor.  The members shall be appointed as follows:

1. Four producers from Yuma county.

2. Three producers from any iceberg lettuce producing area in this state.

B. The governor may consult with any recognized vegetable grower and shipper organizations in this state in appointing members to the council.

C. The term of office of each council member is for three years beginning January 1 and ending December 31 of the appropriate year. Members are limited to two consecutive terms of office, except that a member who is appointed to fill a vacancy may serve two consecutive terms plus the unexpired term that fills the vacancy.  A member who completes a second three-year term is ineligible for reappointment for one year.  On the expiration of a term of a member or in the event of a vacancy, the governor shall appoint a successor.

D. The office of a member is deemed vacant and the governor shall appoint a person to fill the remainder of the term under any of the following circumstances:

1. The member is no longer a producer.

2. The member is unable to perform the duties of the office.

3. The absence of the member from four consecutive council meetings if the absences have not been excused by the council.

E. Members of the council are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
A.R.S. § 3-2669 — Arizona Code / Title 3 / Chapter 15 / Article 3 / Section 2669
3-2669 Violation; classification
Status: in_force

3-2669. Violation; classification

A person who violates any provision of this article, fails to perform any duty imposed by it or violates any rule or regulation promulgated thereunder is guilty of a class 2 misdemeanor. In addition, such person may be enjoined from continuing such violation. Each day the violation occurs shall constitute a separate violation.
A.R.S. § 3-492 — Arizona Code / Title 3 / Chapter 3 / Article 4 / Section 492
3-492 Licensing dealers and shippers; application; fees; penalty
Status: in_force

3-492. Licensing dealers and shippers; application; fees; penalty

A. A person may not act as a dealer or shipper without first obtaining a license as provided in this article. Application for the license shall be filed with the associate director and accompanied by a license fee determined according to the annual gross sales based on the dealer's or shipper's previous fiscal year as follows:

1. If the annual gross sales are five hundred thousand dollars or more, the annual fee is five hundred dollars.

2. If the annual gross sales are between two hundred thousand dollars and five hundred thousand dollars, the annual fee is three hundred fifty dollars.

3. If the annual gross sales are two hundred thousand dollars or less, the annual fee is two hundred dollars.

4. If the person was not in business the previous fiscal year, the annual fee is two hundred dollars.

B. If a person engages in business in more than one category as a dealer or shipper, the license designation shall be based on the category in which most of the licensee's business is conducted.

C. The monies received as license fees under this section shall be paid into the citrus, fruit and vegetable trust fund.  The license shall expire on September 1 of each year and is renewable annually.

D. The application for a dealer or shipper license shall contain the following information:

1. The full name of the person applying for the license.

2. Whether the applicant is an individual, partnership, firm, corporation, association, trust or cooperative association and the full name of each member of the partnership or firm, the full name of each officer and director of the association or corporation or the full name of each trustee.

3. The principal business address of the applicant in this state and elsewhere and the address where the applicant conducts the described business.

4. The name of the statutory agent in this state for service of legal notice.

5. The category of license for which the applicant is applying.

6. A statement of the facts, signed under penalty of perjury, entitling the applicant to a license under the applicable category and stating whether the applicant has ever had any license to handle citrus, fruit or vegetables in any state denied, suspended or revoked.

7. If the applicant acts as a commission merchant, a schedule of commissions and charges for services, which may not be altered during the term of the license except by written agreement between the parties involved.

E. The associate director shall issue to the applicant a license to conduct the business described for a period of one year unless it is revoked for cause.

F. An applicant who tenders a renewal application for a license that is received by the associate director after September 15 shall pay a penalty of twenty-five dollars. An applicant who tenders a renewal application for a license that is received after October 1 shall pay a penalty of fifty dollars.  All penalties shall be deposited in the citrus, fruit and vegetable trust fund.
A.R.S. § 3-3437 — Arizona Code / Title 3 / Chapter 19 / Article 3 / Section 3437
3-3437 Aversive or bittering agent in engine coolant and antifreeze; liability limitation; exceptions; violation; classification
Status: in_force

3-3437. Aversive or bittering agent in engine coolant and antifreeze; liability limitation; exceptions; violation; classification

A. Engine coolant or antifreeze that is sold in this state on or after January 1, 2008, that is manufactured on or after September 1, 2007 and that contains more than ten percent ethylene glycol shall include denatonium benzoate at a minimum of thirty parts per million and a maximum of fifty parts per million as an aversive or bittering agent in the product to render it unpalatable.  A manufacturer or packager of engine coolant or antifreeze that is subject to this section shall maintain a record of the trade name, scientific name and active ingredients of the aversive or bittering agent used pursuant to this section. A manufacturer or packager of engine coolant or antifreeze shall furnish information and documentation maintained pursuant to this section to a member of the public on request.

B. This section applies only to manufacturers, packagers, distributors, recyclers or sellers of engine coolant or antifreeze. For the purposes of this section, selling does not include the installation of engine coolant or antifreeze for compensation.

C. A manufacturer, packager, distributor, recycler or seller of engine coolant or antifreeze that is required to contain an aversive or bittering agent pursuant to this section is not liable to any person for personal injury, death, property damage, damage to the environment or natural resources or economic loss that results from the inclusion of denatonium benzoate in engine coolant or antifreeze.

D. The limitation on liability provided in subsection C of this section applies only if denatonium benzoate is included in engine coolant or antifreeze in the concentrations required by this section. The limitation on liability provided in subsection C of this section does not apply to a particular liability to the extent that the cause of that liability is unrelated to the inclusion of denatonium benzoate in engine coolant or antifreeze.

E. A political subdivision of this state shall not establish or continue in effect a prohibition, limitation, standard or other requirement relating to the inclusion of an aversive or bittering agent in engine coolant or antifreeze, with respect to retail containers containing less than fifty-five gallons of engine coolant or antifreeze, that is different from, or in addition to, this section.

F. This section does not apply to either:

1. The sale of a motor vehicle that contains engine coolant or antifreeze.

2. Wholesale containers of engine coolant or antifreeze containing fifty-five gallons or more of engine coolant or antifreeze.

G. The division may inspect, investigate, analyze and take appropriate actions to administer and enforce this section.

H. A person who violates this section is guilty of a class 3 misdemeanor.
A.R.S. § 3-3602 — Arizona Code / Title 3 / Chapter 20 / Article 1 / Section 3602
3-3602 Applicability of chapter; state preemption
Status: in_force

3-3602. Applicability of chapter; state preemption

A. This chapter applies to pest management. This chapter does not apply to pesticide applications used directly in the commercial production of crops and animals or used, if not for hire, on golf courses.

B. The regulation of pest management is of statewide concern. The regulation of pest management pursuant to this chapter is not subject to further regulation by a county, city, town or other political subdivision of this state.
A.R.S. § 3-449.02 — Arizona Code / Title 3 / Chapter 3 / Article 2 / Section 449.02
3-449.02 Denial or revocation of license; hearing
Status: in_force

3-449.02. 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 3-466.

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. § 3-423 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 423
3-423 Payment of costs of hearing on a marketing order
Status: in_force

3-423. Payment of costs of hearing on a marketing order

If an affected person requests a hearing on a marketing order pursuant to title 41, chapter 6, article 10, the affected person shall pay all costs of the hearing.
A.R.S. § 3-141 — Arizona Code / Title 3 / Chapter 1 / Article 4 / Section 141
3-141 Definitions
Status: in_force

3-141. Definitions

In this article, unless the context otherwise requires:

1. "Agricultural laboratory services" means the following services:

(a) Providing a residue analysis of:

(i) Raw, processed or manufactured agricultural commodities and products.

(ii) Soil.

(iii) Plant or animal tissue.

(iv) Commercial feed as defined in section 3-2601.

(v) Fertilizer as defined in section 3-262.

(vi) Water used for agricultural purposes.

(b) Providing a nutrient analysis of:

(i) Raw, processed or manufactured agricultural commodities and products.

(ii) Soil.

(iii) Plant or animal tissue.

(iv) Commercial feed as defined in section 3-2601, and including whole seeds and any feed mixed or unmixed used in the feeding of animals.

(v) Fertilizer as defined in section 3-262.

(c) Providing a quantitative analysis of ingredients in pesticide formulations.

(d) Providing a germination and purity analysis of planting seed.

(e) Providing the identification of insects, parasites, bacteria and pathogenic organisms in raw, processed or manufactured agricultural products and commodities and in plant or animal tissue.

(f) Providing the services necessary to carry out section 3-1203, subsection A.

(g) Providing any other services compatible with or incidental to those laboratory services provided pursuant to sections 3-142 and 3-143.

2. "Assistant director" means the assistant director for the state agricultural laboratory.
A.R.S. § 3-1775 — Arizona Code / Title 3 / Chapter 12 / Article 4 / Section 1775
3-1775 Enforcement
Status: in_force

3-1775. Enforcement

The director shall enforce the provisions and rules of this article.
A.R.S. § 3-1231 — Arizona Code / Title 3 / Chapter 11 / Article 2 / Section 1231
3-1231 Definitions
Status: in_force

3-1231. Definitions

In this article, unless the context otherwise requires:

1. "Beef" includes veal.

2. "Beef products" includes veal products.

3. "Council" means the Arizona beef council.

4. "Fiscal year" means the fiscal year beginning July 1 and ending June 30.

5. "Person" means an individual, corporation, partnership, trust, association, cooperative association and any other business unit or organization.

6. "Producer" means a person who owns or acquires ownership of cattle.
A.R.S. § 3-1379 — Arizona Code / Title 3 / Chapter 11 / Article 6 / Section 1379
3-1379 Notification required on seizure by government agencies
Status: in_force

3-1379. Notification required on seizure by government agencies

All federal, state and local governmental agencies shall notify the department within two hours of any seizure of any livestock or property in or on which livestock is present or when a person responsible for the care of any livestock is taken into custody and the person from the federal, state or local governmental agency knows that the person taken into custody is responsible for the care of any livestock.
A.R.S. § 3-525 — Arizona Code / Title 3 / Chapter 3 / Article 4.1 / Section 525
3-525 Definitions
Status: in_force

3-525. Definitions

In this article, unless the context otherwise requires:

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

2. "Farm" has the same meaning prescribed in 21 Code of Federal Regulations section 112.3 and includes production farms and harvesting, holding and packing operations.

3. "Harvesting":

(a) Has the same meaning prescribed in 21 Code of Federal Regulations section 112.3 and is limited to activities performed on produce without additional manufacturing or processing on a farm.

(b) Includes:

(i) Activities that are traditionally performed on farms for the purposes of removing produce from the place it was grown or raised and preparing it for use as food.

(ii) Separating the edible portion of the produce from the crop plant and removing or trimming part of the produce.

(iii) Cooling, field coring, gathering, hulling, shelling, removing stems from, trimming outer leaves from and washing produce grown on a farm.

(c) Does not include activities that transform produce into a processed food.

4. "Holding":

(a) Has the same meaning prescribed in 21 Code of Federal Regulations section 112.3.

(b) Includes:

(i) Storage of produce in facilities such as warehouses and cold storage facilities.

(ii) Activities performed incidental to the storage of produce, such as fumigating citrus during storage.

(iii) Activities performed as a practical necessity for the distribution of produce, such as blending produce and breaking down pallets.

(c) Does not include activities that transform produce into a processed food.

5. "Packing":

(a) Has the same meaning prescribed in 21 Code of Federal Regulations section 112.3.

(b) Includes:

(i) Placing produce into a container.

(ii) Repacking.

(iii) Activities performed incidental to packing or repacking produce, such as sorting, culling, grading and weighing or conveying and other incidental activities performed for the safe or effective packing or repacking of produce.

(c) Does not include:

(i) Activities that transform produce into a processed food.

(ii) Packaging produce for retail sale.

6. "Produce":

(a) Means any harvested part of a fruit or vegetable that is consumed raw, including mushrooms, sprouts, tree nuts and herbs, and that is subject to the requirements of the produce safety rule as provided by 21 Code of Federal Regulations sections 112.1 and 112.2.

(b) Does not include food grains or seeds of arable crops.

7. "Produce safety rule" means the United States food and drug administration produce safety rule (21 Code of Federal Regulations part 112) and any other federal produce safety regulation, order or guideline or other requirement adopted pursuant to the FDA food safety modernization act (P.L. 111-353; 21 United States Code sections 2201 through 2252).
A.R.S. § 3-1375 — Arizona Code / Title 3 / Chapter 11 / Article 6 / Section 1375
3-1375 Service on owner of seized livestock; forfeiture proceedings on failure to respond
Status: in_force

3-1375. Service on owner of seized livestock; forfeiture proceedings on failure to respond

A. If the livestock seized is branded and marked with an adopted and recorded brand or mark, the summons shall be served upon the person who owns the brand or mark as shown by the division's records if such person can be found in the county. The service shall be at least one day before the day set for the hearing. A copy of the summons shall be posted in at least three public and conspicuous places in the county at least eight days before the day set for the hearing.

B. At the time set for hearing, the livestock officer, or other officer, shall make return of the summons to the court. If it appears that due service of the summons has been made, as required by this section, and no one appears to claim all or part of the livestock so seized within the time provided, the court shall adjudge the livestock forfeited to the state and shall order it sold as provided in this article.
A.R.S. § 3-487 — Arizona Code / Title 3 / Chapter 3 / Article 4 / Section 487
3-487 Rulemaking; definition
Status: in_force

3-487. Rulemaking; definition

A. Pursuant to section 3-527.02, the associate director may recommend to the director for adoption rules 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 fruit and vegetables produced in this state and a standard for fruit and vegetables without specific standards.  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 fruit or vegetables 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 fruit and vegetables to reasonably produce a fair representation of the entire lot or container sampled.

5. The time period allowed to recondition fruit or vegetables pursuant to section 3-486.

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

(a) Reporting totals for each commodity shipped.

(b) A requirement for records to be retained for the preceding two years on the amount of each commodity 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 commodity 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 3-491.
A.R.S. § 3-714 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 714
3-714 Annual licensing; application; fee; display; exceptions
Status: in_force

3-714. Annual licensing; application; fee; display; exceptions

A. No person shall act as a dealer, producer-dealer or manufacturer engaged in the business of buying, candling, grading, peddling, distributing, dealing in or trading in eggs or egg products for resale within this state or engage in the business of breaking eggs for resale within this state without first obtaining a license from the division.

B. Applications for the license shall be made in writing upon forms obtained from the division, accompanied by a license fee as provided by this section.

C. The annual license fee shall be twenty-five dollars for each place or location where the business of the applicant is being or will be conducted. An exclusive retailer selling to consumers only is exempt from the license fee. The license shall be conspicuously displayed and posted at each place or location where the business of the licensee is conducted. Licenses shall expire on February 28 following the issuance thereof. A new license may be obtained for an additional period of one year upon written application and payment of a fee of twenty-five dollars for each place or location where the business is being or will be conducted.

D. Each applicant for a license shall state the name and address of the applicant, the location of each place or location where the business of the applicant is being or is intended to be conducted and that the applicant will in the conduct of the business comply with this article and the rules adopted pursuant to this article.

E. The provisions of this section shall not apply to consumers or persons who are exclusively retailers of egg products.

F. Persons handling eggs in a retail establishment for retail sale only to a consumer, or eggs which have been candled, graded and sold by a producer or a licensed person under this section, having proper refrigeration facilities for handling and storing the eggs at their retail place of business, shall not be subject to the licensing provisions of this section.

G. The licensing provisions of this section shall not apply to retailers complying with section 3-715, subsection A.
A.R.S. § 3-1004 — Arizona Code / Title 3 / Chapter 8 / Article 1 / Section 1004
3-1004 Contracts with federal agencies
Status: in_force

3-1004. Contracts with federal agencies

The board may apply to and contract with the United States or any department or agency thereof to obtain funds appropriated by the federal government. The contract shall not obligate the state to advance any funds other than from the Arizona coliseum and exposition center fund, and funds so obtained shall be expended only for improvement of the Arizona coliseum and exposition center and facilities.
A.R.S. § 3-2055 — Arizona Code / Title 3 / Chapter 13 / Article 2 / Section 2055
3-2055 Cooperation with other public health authorities
Status: in_force

3-2055. Cooperation with other public health authorities

A. In carrying out the provisions of this chapter the director shall request the advice of and consult with the sanitary engineer or other qualified employees of the department of health services and the state laboratory in matters relating to potability of water, sewage systems and other sanitary conditions of slaughtering and meat processing establishments which might endanger public health.

B. In carrying out the provisions of this chapter, the associate director shall require the chief veterinary meat inspector or any of his deputies to advise him when any licensee in the opinion of such inspector fails to meet the minimum requirements of the department. The associate director may make an inspection of such premises, and if he confirms the findings of the chief veterinary meat inspector or the inspector's deputies, the associate director shall serve notice that the licensee's license to slaughter, state meat inspection service or assignment number will be suspended as provided in section 3-2096.

C. In carrying out the provisions of this chapter the director shall require the chief veterinary meat inspector, or any of his deputies, to advise the department of health services when any licensee, in the opinion of such inspector, fails to meet the minimum requirements of the department of health services. The department of health services may send its proper public health officer to make an inspection of such premises. If the department of health services inspector confirms the findings of the chief veterinary meat inspector or the inspector's deputies, the associate director shall serve notice that the licensee's license to slaughter, state meat inspection service or assignment number will be suspended as provided in section 3-2096.

D. The department shall cooperate with all state, local and municipal health authorities in requiring all slaughtering establishments and meat processing plants to maintain sewage systems which shall not contaminate water supplies and shall not endanger public health.
A.R.S. § 3-581 — Arizona Code / Title 3 / Chapter 3 / Article 9 / Section 581
3-581 Definitions
Status: in_force

3-581. Definitions

In this article, unless the context otherwise requires:

1. "Council" means the Arizona grain research and promotion council.

2. "First buyer" means a person, partnership, corporation or cooperative that purchases grain from a producer in the first instance or a public or private lienholder, secured party or pledgee, or assignee of the lienholder, secured party or pledgee, who gains title to the grain from the grower as a result of exercising any legal rights by the lienholder, secured party, pledgee or assignee regardless of when the lien, security interest or pledge was created. First buyer also includes a public or private person who acquires a lien or security interest or receives a pledge of the grain after the grain is harvested.

3. "Grain" means the seed of barley and wheat of all classes produced for use as food, feed or seed or produced for any industrial or commercial use.

4. "Marketing year" means a one year period from February 1 through January 31 of the following calendar year.

5. "Producer" means a person, partnership, corporation or cooperative in this state that produces and sells grain in commercial channels. In the case of a partnership, each partner who regularly receives a portion of the gross receipts directly from the buyer is considered a producer.
A.R.S. § 3-1266 — Arizona Code / Title 3 / Chapter 11 / Article 3 / Section 1266
3-1266 Fees for recording, rerecording and leasing
Status: in_force

3-1266. Fees for recording, rerecording and leasing

The fee for recording a brand and earmark shall be seventy-five dollars and shall entitle the owner to a certified copy of the record. For recording a bill of sale or other instrument of conveyance of a brand and mark, the fee shall be twenty-five dollars. For issuance of an additional certified copy of a brand or bill of sale of a brand, the fee shall be ten dollars. The fee for rerecording a brand and earmark shall be fifty dollars. The fee for leasing a brand from the division for a period of not to exceed one year for use on transient livestock shall be two hundred dollars.
A.R.S. § 3-281 — Arizona Code / Title 3 / Chapter 2 / Article 3 / Section 281
3-281 False or misleading statements
Status: in_force

3-281. False or misleading statements

It is unlawful to distribute a misbranded fertilizer material. A fertilizer material is misbranded if it carries any false or misleading statement upon or attached to the container, or if false or misleading statements concerning its agricultural value are made on the container or in any advertising matter accompanying or associated with the fertilizer material.
A.R.S. § 3-526.02 — Arizona Code / Title 3 / Chapter 3 / Article 4.2 / Section 526.02
3-526.02 Powers and duties of the council
Status: in_force

3-526.02. Powers and duties of the council

A. The council shall:

1. Receive and disburse monies to be used in administering this article.

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

3. Meet at least once each calendar quarter or at such times as called by the chairman or when requested by four or more members of the council. A quorum consists of four or more members of the council.

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

5. Prepare for the governor and the iceberg lettuce industry an annual report of its activities, receipts and expenditures. A copy of the annual report shall be available to any interested iceberg lettuce producer and the general public on request.

6. Organize and administer any referendum called under subsection C, paragraph 11 of this section.

7. Prescribe fees to be assessed within the limits prescribed in section 3-526.04.

B. The council may authorize or contract for:

1. Research, development and survey programs concerning varietal development.

2. Programs for lettuce pest eradication.

3. Programs concerning production, harvesting, handling and hauling from field to market.

4. Any other programs, excluding sales or marketing, that the council deems to be appropriate for the purposes of this article.

C. The council may:

1. Disseminate reliable information, including the results of research studies, surveys and information obtained as a result of research.

2. Sue and be sued as a council, without individual liability, for acts of the council within the scope of the powers and duties conferred on it by this article.

3. Enter into contracts to carry out the purposes of this article, including contracts for research and development of iceberg lettuce.

4. Appoint advisory groups composed of representatives from organizations, institutions or businesses related to or interested in the welfare of the iceberg lettuce industry.

5. Make grants to research agencies for financing appropriate studies, or for purchase or acquisition of equipment and facilities consistent with this article.

6. Employ or retain and fix the compensation of a qualified person or a qualified entity to manage the affairs of the council on behalf of the council and other personnel that are necessary to carry out the provisions of this article.

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

8. 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 council to be beneficial to the iceberg lettuce industry of this state.

9. Adopt rules necessary to promptly and effectively administer this article.

10. Accept grants, donations, contributions, gifts, property or services or other assistance from public or private sources to further the objectives of this article.

11. Refer to the iceberg lettuce producers in this state for an advisory vote the question of setting fees or establishing or continuing any program authorized by this article.

12. Investigate and prosecute in the name of this state any action or suit to enforce the collection or ensure payment of the authorized fees.

13. Provide for an annual audit of its accounts by a qualified public accounting firm and, if an audit or financial statement is prepared, shall make the audit or financial statement available to the general public and the auditor general on request.
A.R.S. § 3-214 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 214
3-214 Failure to stop at inspection station
Status: in_force

3-214. Failure to stop at inspection station

It is unlawful for a person in possession or in control of a vehicle to fail to stop the vehicle at a properly signed border inspection station, or upon demand of a plant quarantine officer, for the purpose of determining whether any quarantine established pursuant to the provisions of law is being violated or whether the vehicle may harbor pests or diseases associated with a quarantine.
A.R.S. § 3-2046 — Arizona Code / Title 3 / Chapter 13 / Article 2 / Section 2046
3-2046 Meat inspection rules; violation; classification
Status: in_force

3-2046. Meat inspection rules; violation; classification

A. The director shall adopt reasonable rules necessary to assure that all meat and meat products subject to inspection under this article which are to be sold or distributed for human consumption are free from unwholesome, poisonous or other foreign substances and filth, insects or disease causing organisms. The rules shall provide reasonably necessary measures governing the production, processing, labeling, storing, handling and transportation of such products. The rules shall prescribe minimum standards for the sanitary facilities and conditions which shall be maintained at any plant, packing house or abattoir and in any truck or other vehicle in which meat or meat products are produced, processed, stored, handled or transported.

B. The director upon the advice of the chief veterinary meat inspector shall adopt reasonable rules, including, but not limited to, what the antemortem and postmortem inspection shall consist of, to carry out the purposes of this chapter. The rules shall conform so far as possible to the rules governing meat inspection of the United States department of agriculture. To the extent deemed appropriate by the director the rules may incorporate by reference existing federal meat inspection regulations, but in no case shall the rules exceed the requirements of the United States department of agriculture. All rules adopted to implement this section shall be adopted in compliance with title 41, chapter 6.
A.R.S. § 3-217 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 217
3-217 Nursery or nursery stock certification; fee; denial, revocation or suspension; hearing
Status: in_force

3-217. Nursery or nursery stock certification; fee; denial, revocation or suspension; hearing

A. The associate director shall:

1. Establish a nursery certification program.

2. By rule, set and collect a variable fee for each nursery or nursery stock certification inspection based on a schedule of costs for services as may be appropriate to recover the actual direct costs incurred by the division, but not more than fifty dollars for each inspection.

B. If the state agricultural laboratory performs tests under a nursery certification program, the laboratory may collect fees prescribed by rule for the tests established as follows:

1. The associate director shall establish by rule the extent and type of testing required for the Arizona certified nursery program including only tests that the department would not otherwise have performed to determine if the nursery or nursery stock is infested or infected with a crop pest or disease.

2. The extent and type of testing required for the export criteria program shall be established according to the requirements of another state, country or commonwealth.

C. The associate director may issue, refuse to issue, revoke or suspend a nursery certificate under the nursery certification program.

D. A person who is aggrieved by any action under the nursery certification program may request a hearing pursuant to title 41, chapter 6, article 10.
A.R.S. § 3-2904 — Arizona Code / Title 3 / Chapter 16 / Article 1 / Section 2904
3-2904 Quality and disease control
Status: in_force

3-2904. Quality and disease control

The director shall adopt rules and guidelines to control the quality of and diseases in aquatic animals and plants. The rules may include:

1. Routine monitoring and diagnostic procedures.

2. Criteria for quarantine, condemnation or destruction requirements.

3. Waiting periods between diagnosis and destruction.

4. Methods of destruction and sanitation.

5. Procedures and standards for compensation.
A.R.S. § 3-589 — Arizona Code / Title 3 / Chapter 3 / Article 9 / Section 589
3-589 Pledge or mortgage of grain; deduction of fee
Status: in_force

3-589. Pledge or mortgage of grain; deduction of fee

A. If a pledge or mortgage of grain is given as security for a loan under the federal price support program, the fee is deductible from the proceeds of the loan at the time the loan is made or is deductible thereafter by agencies of the federal government. Producer's note and loan agreements pertaining to farm storage, warehouse storage and delivery instructions issued by a federal agency to the grower are deemed to constitute proof of payment of the research and promotional fee on the grain listed.

B. Supplemental or alternate forms which may be proposed by the commodity credit corporation and which contain the necessary information as required by this article may be used.

C. If the grain described in subsection A remains in farm storage for the duration of the pledge or mortgage, the promotional fee paid at the time the loan was made is deemed a complete satisfaction of the promotional fee liability.

D. In connection with the collection of the grain council fee on commodity credit corporation grain loans disbursed and purchase agreement settlements made, undercollections or overcollections of the grain promotional fee amounting to fewer than three dollars as a result of errors do not require collection of the underpayment or refunds of the overpayment by the commodity credit corporation, and their responsibility in such cases is waived.
A.R.S. § 3-204.01 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 204.01
3-204.01 Council plow-up request; civil penalty
Status: in_force

3-204.01. Council plow-up request; civil penalty

A. At the request of the cotton research and protection council, the director, acting as an agent of the council, shall plow up cotton fields that are not in compliance with section 3-1086, subsection D.  An injunction shall not be granted to stay this state from plowing up the fields.  The director may request the cotton research and protection council to provide monies pursuant to section 3-1085, subsection B to help defray the costs of the plow up until the owner or person in charge reimburses the department for the actual costs of the plow up.

B. If the actual costs of the plow up are not paid within three months after the owner or person in charge receives notice of the amount of the costs, the department may impose a civil penalty of one hundred fifty per cent of the costs of the plow up.  At the director's request, the attorney general shall file an action in superior court to recover civil penalties assessed pursuant to this subsection.

C. A producer may appeal to the council the order of the council for the plow up of noncompliant cotton fields by the department pursuant to title 41, chapter 6, article 10.

D. All costs and civil penalties collected under this section shall be deposited, pursuant to sections 35-146 and 35-147, in the dangerous plants, pests and diseases trust fund established by section 3-214.01.
A.R.S. § 3-1306 — Arizona Code / Title 3 / Chapter 11 / Article 4 / Section 1306
3-1306 Prima facie guilt of owner of brand to which another brand is altered
Status: in_force

3-1306. Prima facie guilt of owner of brand to which another brand is altered

When it is proved that a recorded brand has been converted or changed into another brand claimed or owned by any person, it shall be prima facie evidence in the courts and before the department and boards or commissions of this state that the claimant or owner of the latter brand obliterated, disfigured and changed the prior recorded brand.
A.R.S. § 3-449.03 — Arizona Code / Title 3 / Chapter 3 / Article 2 / Section 449.03
3-449.03 Recordkeeping; confidentiality; inspection
Status: in_force

3-449.03. Recordkeeping; confidentiality; inspection

A. A shipper shall keep records on the amount of each citrus variety the shipper sells for each producer for a period of two years.  The shipper shall report the records for purposes of marketing orders.

B. Individual totals of commodities produced or shipped are not subject to public disclosure and are strictly confidential. If a shipper presents a signed and notarized release to the associate director or the  associate director's agent, a person may receive individual totals of commodities shipped by the shipper.

C. Records of shippers are subject to inspection during business hours by the associate director or the  associate director's designee.

D. The associate director or designee may investigate any records of any transaction of a commission merchant for possible violations of this article.

E. Every person licensed under this article shall keep an accurate and complete record, which shall record the amount and character of all citrus fruit received from any person for payment or sale, the date of receiving the shipment, the name of the consignee, the condition of the shipment if it arrives in other than good condition in the city or town in which it is to be sold by the licensee and the date the shipment is sold, together with the price for which the shipment sold.

F. The records of a licensee pertaining to the receipt, packing, loading, shipment and sale of citrus fruit affected by this article shall at all times be open to inspection on demand by any consignor as to an entry concerning citrus fruit received by the licensee from the consignor.
A.R.S. § 3-234 — Arizona Code / Title 3 / Chapter 2 / Article 2 / Section 234
3-234 Seed law trust fund
Status: in_force

3-234. Seed law trust fund

A. A seed law trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. All monies collected pursuant to section 3-233 shall be deposited in the seed law trust fund.

B. The director shall administer the trust fund as trustee.  The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, which are considered to be trust monies as defined in section 35-310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. On notice from the director, the state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35-313 and 35-314.03, and monies earned from investment shall be credited to the trust fund.  Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year, do not revert to the state general fund.

C. The beneficiary of the trust is the agricultural program established by this article. All monies in the seed law trust fund are to be spent as directed by the director to carry out the provisions of this article.
A.R.S. § 3-712 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 712
3-712 Sampling; methods; sample as evidence
Status: in_force

3-712. Sampling; methods; sample as evidence

The director shall prescribe methods in conformity with the United States department of agriculture specifications of selecting samples of lots, cases or containers of eggs or egg products which shall be reasonably calculated to produce fair representations of the entire lots or cases and containers sampled. Any sample taken shall be prima facie evidence in any court in this state of the true condition of the entire lot, case or container of eggs or egg products in the examination of which the sample was taken.
A.R.S. § 3-365 — Arizona Code / Title 3 / Chapter 2 / Article 6 / Section 365
3-365 Buffer zones
Status: in_force

3-365. Buffer zones

A. The odoriferous pesticides profenofos, sulprofos, def and merphos and other pesticides with similar odoriferous characteristics shall not be applied within one-fourth mile of a school, child care facility, a health care institution that meets the requirements of section 36-421, subsection D, a child care group home as defined by section 36-897 or at least twenty-five residences adjoining the field to be sprayed, except by soil injection.

B. Highly toxic pesticides or paraquat shall not be applied within four hundred feet of a health care institution that meets the requirements of section 36-421, subsection D, except by soil injection.

C. Highly toxic pesticides or paraquat shall not be applied in liquid form, except by soil injection, within one hundred feet by aircraft or within fifty feet by ground equipment of at least twenty-five residences adjoining the field to be sprayed. Highly toxic pesticides shall not be applied in dust form by aircraft within three hundred feet of at least twenty-five residences adjoining the field to be sprayed.

D. Highly toxic pesticides and paraquat may be applied within one-fourth mile of schools, child care group homes, and child care facilities only if authorized activities at the school, child care group home or child care facility are not scheduled to occur before the reentry time period assigned to the pesticide by provisions of the product label elapses. A responsible individual at a school, a child care group home or a child care facility shall be notified of the application of pesticides, other than highly toxic pesticides or paraquat, by aircraft during daylight hours.

E. Nothing in this section permits the application of pesticide in such a way as to cause drift within the grounds of a residence, school, health care institution, child care group home, or child care facility, but compliance with this section and the requirements of the pesticide label establishes a presumption of compliance with this subsection.

F. For the purposes of this section, distances shall be measured from the property boundary of a school, residence, child care facility, child care group home, or health care institution closest to the field to be sprayed to the area of the field that is to be sprayed.
A.R.S. § 3-162 — Arizona Code / Title 3 / Chapter 1 / Article 5 / Section 162
3-162 Arizona register of heritage agriculture; qualifying criteria; definition
Status: in_force

3-162. Arizona register of heritage agriculture; qualifying criteria; definition

A. The Arizona register of heritage agriculture is established.

B. Any person may apply in writing to the historical advisory commission to nominate agricultural property in this state for listing on the register.  If the person nominating the property is not the current owner of the property, the nomination must include the current owner’s written assent to the nomination.

C. To qualify for listing on the register, the agricultural property must meet both of the following requirements:

1. The property must comprise at least ten acres of real property that has been owned by the same family and in continuous commercial agricultural production for at least fifty years.  Property that has been in active production may qualify regardless of occasional periods of inactivity due to:

(a) Acts of God.

(b) Federal farm conservation programs.

(c) Crop rotation practices.

(d) Generally accepted range management and pasture rotation practices.

(e) Temporarily inadequate water supplies.

2. The property must include at least one house, barn, shed, crib, granary, silo, windmill or fence that is at least twenty-five years old.

D. For purposes of this section, "family" includes individuals or a trust, estate, corporation, partnership, joint venture or similar entity or combination of entities, if the individuals or at least eighty per cent of the beneficiaries, shareholders, partners or joint venturers share a family relationship as parents or ancestors of parents, children or descendants of children, siblings, cousins of the first degree, aunts, uncles, nieces or nephews of the first degree, spouses of any of the listed relatives and listed relatives by the half-blood or by adoption.
A.R.S. § 3-2606 — Arizona Code / Title 3 / Chapter 15 / Article 1 / Section 2606
3-2606 Inspection fees; quarterly statement by distributor; retention of records
Status: in_force

3-2606. Inspection fees; quarterly statement by distributor; retention of records

A. An inspection fee at the rate of fifteen cents per ton shall be paid to the department on commercial feeds distributed in this state by any person licensed pursuant to section 3-2609 subject to the following:

1. If more than one distributor is involved in the chain of distribution the one who sells directly to the ultimate consumer or to a distributor exempted from a license is responsible for submitting the tonnage report and payment of inspection fees.

2. Distributors exempt from a license are not responsible for the filing of tonnage reports or the payment of the inspection fees for products purchased from a licensee and sold in the form in which received.

3. No inspection fees are required for commercial feeds sold or exchanged between licensed manufacturers for further manufacturing or processing, or for commercial feeds on which the inspection fee has been paid by a previous manufacturer or distributor in the chain of distribution.

4. The minimum inspection fee is two dollars for each calendar quarter.

5. The inspection fee on distillers grain is prorated according to the moisture content.  If the moisture content of the distillers grain is fifty per cent or less, the fee applies to the full weight.  If the moisture content is over fifty per cent, the fee applies to the percentage of the weight that is dry content.  For the purposes of this paragraph, "distillers grain" means the cereal by-product of the distillation process.

B. The director, after a hearing, may decrease or increase the inspection fee provided in this section, except that the rate shall not exceed thirty cents per ton.

C. Each person who is liable for the payment of such fee shall:

1. File, not later than the last day of January, April, July and October of each year, a quarterly statement, setting forth the number of net tons of commercial feeds distributed in this state during the preceding calendar quarter. Upon filing the statement such person shall pay the inspection fee at the rate stated in subsection A of this section. Inspection fees that are due and owing and have not been remitted to the department within thirty days following the date due shall have a penalty fee of ten per cent or ten dollars, whichever is larger, added to the amount due when payment is finally made. The assessment of this penalty fee shall not prevent the director from taking other actions as provided in this article.

2. Keep such records as may be necessary or required by the director to indicate accurately the tonnage of commercial feed distributed in this state. The director may examine such records to verify statements of tonnage. Failure to make an accurate statement of tonnage or to pay the inspection fee or comply as provided in this section shall constitute cause for cancellation of any or all commercial feed licenses on file for the distributor.
A.R.S. § 3-3494 — Arizona Code / Title 3 / Chapter 19 / Article 6 / Section 3494
3-3494 Area C; fuel reformulation; rules
Status: in_force

3-3494. Area C; fuel reformulation; rules

A. From and after May 31 through September 30 of each year, all gasoline produced and shipped to or within this state and sold or offered for sale for use in motor vehicles in area C shall comply with either of the following fuel reformulation options:

1. A gasoline that meets standards for federal phase II reformulated gasoline, as provided in 40 Code of Federal Regulations section 80.41, paragraphs (e) through (h), in effect on January 1, 1999, except that the minimum oxygen content standard does not apply.  The gasoline shall also meet the maximum vapor pressure requirements in section 3-3434, subsection D.

2. California phase 2 reformulated gasoline, including alternative formulations allowed by the predictive model, as adopted by the California air resources board pursuant to California Code of Regulations title 13, sections 2261 through 2262.7 and 2265, in effect on January 1, 1997, except that the minimum oxygen content standard does not apply.  The gasoline shall also meet the maximum vapor pressure requirements in section 3-3434, subsection D.

B. Any registered supplier or oxygenate blender, as defined in division rules, may petition the associate director to request that all registered suppliers or oxygenate blenders be allowed to supply gasoline in area C that does not meet the standards in subsection A of this section if the petitioner demonstrates that a shortage in the supply of gasoline meeting the standards in subsection A of this section is imminent.

C. A petition under subsection B of this section shall:

1. Identify specific supply conditions that will result in a shortage of gasoline meeting the standards in subsection A of this section.

2. Identify the formulation of gasoline that will be sold in area C in lieu of gasoline meeting the standards in subsection A of this section.

3. Specify a time period for compliance with the standards of subsection A of this section not to exceed sixty days.

D. The associate director shall either grant or deny a petition under subsection B of this section in writing within seven days of its receipt.  Any decision by the associate director to grant the petition shall be equally applicable to all registered suppliers or oxygenate blenders and shall not be selectively applied to any single registered supplier or oxygenate blender. The petition may be granted only if the associate director verifies that the basis for requesting the petition is factual.

E. The associate director may reauthorize a petition granted under subsection B of this section if the petitioner demonstrates that the conditions identified in the petition have continued. The reauthorization of a petition shall not exceed thirty days.

F. The associate director of the division shall consult with the director of the department of environmental quality before granting, reauthorizing or denying any petition under subsection B of this section.

G. The associate director, in consultation with the director of the department of environmental quality, shall adopt by rule:

1. Requirements to implement subsections A, B and C of this section.

2. Requirements for recordkeeping, reporting and analytical methods for fuel providers to demonstrate compliance with subsection A of this section.

H. This section does not apply to fuel sold for use at a motor vehicle manufacturer proving ground or at a motor vehicle racing event.
A.R.S. § 3-3432 — Arizona Code / Title 3 / Chapter 19 / Article 3 / Section 3432
3-3432 Sale, delivery or consignment of motor fuel; temperature presumption
Status: in_force

3-3432. Sale, delivery or consignment of motor fuel; temperature presumption

For the purpose of any sale, offer to sell, delivery or consignment of motor fuel in a quantity of five thousand gallons or more, the volume of the motor fuel for the purposes of calculating the price of the motor fuel is considered to be the volume that the quantity of the motor fuel would equal at the time of loading for sale, delivery or consignment if the temperature of the motor fuel was sixty degrees Fahrenheit. Any correction or adjustment required by this section shall be calculated on the basis of American society for testing and materials D1250-80, table 6B.
A.R.S. § 3-1331 — Arizona Code / Title 3 / Chapter 11 / Article 5 / Section 1331
3-1331 Inspection required; powers and duties of livestock officers
Status: in_force

3-1331. Inspection required; powers and duties of livestock officers

A. Livestock officers and inspectors may authenticate bills of sale of livestock, brands and marks, deliver certificates of acknowledgment thereof under their hands and seals and take acknowledgments to applications for brands and marks. A fee of more than twenty-five cents shall not be asked or received for taking an acknowledgment.

B. Livestock officers and inspectors shall not grant a certificate of inspection of unbranded hides of livestock or of hides or livestock upon which the marks and brands cannot be ascertained or which disclose ownership by some person other than the one seeking the certificate of inspection.

C.  A livestock officer or livestock inspector may stop any person who is in possession of and is conveying, shipping or transporting livestock or hides of livestock to examine brands, marks, certificates of brand inspection and bills of lading or bills of sale relating to the livestock in transit if the officer or inspector has probable cause or reasonable suspicion to believe that the person has violated any provision of this title or title 13 relating to livestock.

D. Livestock officers and livestock inspectors may enter any premises where livestock are kept or maintained to examine brands or marks or other evidence of ownership or to determine the health or welfare of livestock. If admittance is refused and probable cause exists, the livestock officer may immediately request an administrative inspection warrant from the nearest court of competent jurisdiction to allow such entry.

E. Livestock officers are peace officers, certified by the Arizona peace officer standards and training board, and shall pursue and arrest on probable cause any person who violates any provision of this title or title 13 relating to livestock.
A.R.S. § 3-147 — Arizona Code / Title 3 / Chapter 1 / Article 4 / Section 147
3-147 Rules; advisory committee
Status: in_force

3-147. Rules; advisory committee

A. The director shall adopt reasonable rules for certification of laboratories that perform agricultural laboratory testing. Rules shall be prescribed only insofar as they affect the precision and accuracy of laboratory results. The rules shall include:

1. Acceptable methods of sampling, analyzing and testing including the routine examination of certified laboratories for accuracy of analysis.

2. Acceptable standards of sanitary and safety conditions within the laboratory and its surroundings.

3. Equipment essential to the proper operation of a laboratory.

4. The construction and operation of the laboratory, including plumbing, heating, lighting, ventilation, electrical services and similar conditions.

B. If before adopting rules pursuant to this section the director determines that it is necessary or desirable, the director may appoint an advisory committee pursuant to section 3-106.
A.R.S. § 3-1003.02 — Arizona Code / Title 3 / Chapter 8 / Article 1 / Section 1003.02
3-1003.02 Duties of the executive director and comptroller
Status: in_force

3-1003.02. Duties of the executive director and comptroller

A. The executive director shall be:

1. The chief executive and administrative officer of the Arizona coliseum and exposition center, including the Arizona state fair.

2. Responsible for organizing and prescribing the duties of all positions and departmental units in the Arizona coliseum and exposition center, including the coliseum manager and comptroller. The executive director shall:

(a) With the advice and consent of the board, appoint either the coliseum manager or the comptroller as deputy director to perform the functions, powers and duties of the executive director if the executive director is unable to act.

(b) Subject to title 41, chapter 4, article 4 and, as applicable, article 5, appoint or remove in the manner prescribed by law such personnel considered necessary for the efficient work of the Arizona coliseum and exposition center.

3. Required to make and submit to the board monthly reports covering all activities of the Arizona coliseum and exposition center.

B. In addition to other duties assigned by the executive director, the comptroller shall:

1. Act as the fiscal agent with complete authority to process all cash receipts.

2. Assume responsibility for the maintenance of satisfactory internal accounting controls which are required for the preservation of assets.

3. Control all books, records or other data required for preparation of a complete financial statement of the activities of the Arizona coliseum and exposition center.

4. Maintain cost factors and accounting records which are sufficient in scope to clearly reflect all profits and losses.
A.R.S. § 3-1704 — Arizona Code / Title 3 / Chapter 12 / Article 1 / Section 1704
3-1704 Liability of railroad for negligent injury of certain animals; injury or death as prima facie evidence of negligence; liability of owner for intentional damage
Status: in_force

3-1704. Liability of railroad for negligent injury of certain animals; injury or death as prima facie evidence of negligence; liability of owner for intentional damage

A. A railroad which negligently injures or kills a horse, jack, jenny, mule, cow or other domestic animal, by running a locomotive or cars against the animal is liable to the owner of the animal for the damages sustained by the owner by reason thereof. The killing or injury of the animal is prima facie evidence of negligence on the part of the railroad.

B. If the owner or person in charge of the animals listed in subsection A drives them upon the railroad track or tracks with intent to thereby injure the animal or animals, the owner is liable for all damage occasioned thereby.
A.R.S. § 3-562 — Arizona Code / Title 3 / Chapter 3 / Article 7 / Section 562
3-562 Restrictions on sales by food producers prohibited
Status: in_force

3-562. Restrictions on sales by food producers prohibited

A. The producers of food products on agricultural lands, farms and gardens shall never under any pretext be denied or restricted the right to sell and dispose of their products, except in the manner and to the extent provided in this article, and subject to inspection by lawful authority when the inspection is uniform as to the same product and without cost to the producer.

B. The right to sell and dispose of food products shall extend to the producer in person, members of his family, his agents and all persons in his service, when the products are sold or disposed of on his behalf and for his benefit.
A.R.S. § 3-2163 — Arizona Code / Title 3 / Chapter 13 / Article 5 / Section 2163
3-2163 Entry of materials into official establishment
Status: in_force

3-2163. Entry of materials into official establishment

The department may limit the entry of poultry products and other materials into any official establishment under such conditions as it may prescribe to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this article.
A.R.S. § 3-2167 — Arizona Code / Title 3 / Chapter 13 / Article 5 / Section 2167
3-2167 Jurisdiction
Status: in_force

3-2167. Jurisdiction

The director is vested with jurisdiction specifically to enforce and to prevent and restrain violations, and shall have jurisdiction in all other kinds of cases arising under this article, except as provided in section 3-2155 or 3-2164. All proceedings for the enforcement or to restrain violations shall be by and in the name of this state.
A.R.S. § 3-468.07 — Arizona Code / Title 3 / Chapter 3 / Article 2.1 / Section 468.07
3-468.07 Indemnification of council members
Status: in_force

3-468.07. 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 acted in bad faith as a council member. The right of indemnification is in addition to other rights to which the member is entitled as a matter of law.
A.R.S. § 3-464 — Arizona Code / Title 3 / Chapter 3 / Article 2 / Section 464
3-464 Wrongful performance of duty; improper influence; classification
Status: in_force

3-464. Wrongful performance of duty; improper influence; classification

A. An inspector is guilty of a class 1 misdemeanor who:

1. Knowingly makes a wrong or improper inspection of citrus fruit.

2. Knowingly and improperly certifies that the grade, quality or condition of the citrus fruit does or does not conform to standards established by this article.

3. Knowingly fails to request the proper authorities to bring an action to prosecute violators of this article or rules adopted pursuant to this article.

4. Knowingly accepts money or other consideration directly or indirectly for an improper performance of his duty.

B. A person who knowingly and improperly influences an inspector in the performance of his duty is guilty of a class 1 misdemeanor.
A.R.S. § 3-519 — Arizona Code / Title 3 / Chapter 3 / Article 4 / Section 519
3-519 Rejection by carriers
Status: in_force

3-519. Rejection by carriers

A. A person may decline to ship, transport or accept for shipment any fruit or vegetable within the meaning of this article when notified by an inspector that the products delivered for shipment violate this article or rules adopted pursuant to this article.

B. The person may reserve the right in a receipt, bill of lading or other writing to reject for shipment and return to the owner all fruit or vegetables which, upon inspection of a representative sample, are found to violate this article or rules adopted pursuant to this article.
A.R.S. § 3-405 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 405
3-405 Contents of a marketing order
Status: in_force

3-405. Contents of a marketing order

A. A marketing order shall:

1. Describe the territory of this state to be regulated by the marketing order.

2. State the type of marketing order program.

3. Establish a marketing commission, prescribe the number of commission members and specify an official name of the commission.

4. State the maximum rate of assessments in amounts sufficient to cover all expenses of the marketing order if assessments are required.

5. State whether the marketing order applies to producers or shippers, or both. If the marketing order applies to shippers only, shippers shall pay any assessments owing and shall not charge producers any assessments for the marketing order. If the marketing order 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 order.

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

7. State whether the costs of the public meeting and referendum or written assent procedures shall be reimbursed by any assessments received if the marketing order is approved.

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

B. The marketing order may apply to more than one commodity and may include any other relevant information.
A.R.S. § 3-2084 — Arizona Code / Title 3 / Chapter 13 / Article 3 / Section 2084
3-2084 Detention of product
Status: in_force

3-2084. Detention of product

Whenever any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules or other equines, or any product exempted from the definition of a meat food product, or any dead, dying, disabled or diseased cattle, sheep, swine, goat or equine is found by any authorized representatives of the department upon any premises where it is held for purposes of, or during or after distribution in, intrastate commerce, and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of this or any other state or federal law or that it has been or is intended to be distributed in violation of any such provisions, it may be detained by such representative for a period of not to exceed twenty days, pending action under section 3-2085 or notification of any federal, state or other governmental authority having jurisdiction over such article or animal, and shall not be moved by any person from the place at which it is located when so detained until released by such representative. All official marks may be required by such representative to be removed from such article or animal before it is released unless it appears to the satisfaction of the division that the article or animal is eligible to retain such marks.
A.R.S. § 3-1081 — Arizona Code / Title 3 / Chapter 10 / Article 1 / Section 1081
3-1081 Definition
Status: in_force

3-1081. Definition

In this article, unless the context otherwise requires, "council" means the cotton research and protection council.
A.R.S. § 3-2155 — Arizona Code / Title 3 / Chapter 13 / Article 5 / Section 2155
3-2155 Labeling and containers; standards
Status: in_force

3-2155. Labeling and containers; standards

A. All poultry products inspected at any official establishment and found to be not adulterated shall at the time they leave the establishment bear, in distinctly legible form, on their shipping containers and immediate containers as the division may require the information required under section 3-2151, paragraph 13. In addition, the department, if it determines such action is practicable and necessary for the protection of the public, may require nonconsumer packaged carcasses at the time they leave the establishment to bear directly thereon in distinctly legible form any information required under section 3-2151, paragraph 13.

B. No article shall be sold or offered for sale by any person in intrastate commerce under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size, but established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the division are permitted.

C. If the division has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article is false or misleading in any particular, it may direct that such use be withheld unless the marking, labeling or container is modified in such manner as the associate director prescribes so that it will not be false or misleading. If the person using or proposing to use the marking, labeling or container does not accept the determination of the division, such person may request a hearing, but the use of the marking, labeling or container shall, if the division so directs, be withheld pending a hearing and final determination by the director. Any such determination by the director shall be conclusive unless, within thirty days after receipt of notice of the final determination, the person adversely affected appeals to the superior court.
A.R.S. § 3-1373 — Arizona Code / Title 3 / Chapter 11 / Article 6 / Section 1373
3-1373 Report of seizure; filing and docketing
Status: in_force

3-1373. Report of seizure; filing and docketing

A. Livestock officers shall forthwith report any seizure of livestock pursuant to this article to the county attorney and to the clerk of the superior court in the county where the stock was seized or to an available justice of the peace of the county where the stock was seized whose office is nearest the place of seizure.

B. The report shall:

1. Give a general description of the livestock seized and the brands, if any, together with the place of and reason for the seizure and the probable value of the livestock.

2. Request that the owner and claimant be summoned to appear and prove ownership.

C. The clerk of the court or the justice of the peace shall:

1. Consider the report to be a petition.

2. File and docket it as a civil action by the state in its name and against the reputed owners of the livestock, if known, and if not known, against the unknown owners.
A.R.S. § 3-520 — Arizona Code / Title 3 / Chapter 3 / Article 4 / Section 520
3-520 Wrongful performance of duty by inspector; improper influence; classification
Status: in_force

3-520. Wrongful performance of duty by inspector; improper influence; classification

A. An inspector is guilty of a class 1 misdemeanor who:

1. Knowingly makes a wrong or improper inspection of a fruit or vegetable product.

2. Knowingly and improperly certifies that the grade, quality or condition of a fruit or vegetable product does or does not conform to the standards established under this article.

3. Knowingly fails to request the proper authorities to bring an action to prosecute violators of this article or rules adopted pursuant to this article.

4. Knowingly accepts money or other consideration directly or indirectly for an improper performance of his duty.

B. Any person who knowingly and improperly influences an inspector in the performance of his duty is guilty of a class 1 misdemeanor.
A.R.S. § 3-902 — Arizona Code / Title 3 / Chapter 7 / Article 1 / Section 902
3-902 Administration and enforcement
Status: in_force

3-902. Administration and enforcement

The director shall administer and oversee the enforcement of this chapter.
A.R.S. § 3-525.04 — Arizona Code / Title 3 / Chapter 3 / Article 4.1 / Section 525.04
3-525.04 Inspections and investigations; records; notice; report
Status: in_force

3-525.04. Inspections and investigations; records; notice; report

A. The owner, lessee, operator or designated representative of a covered farm under section 3-525.03 shall allow an authorized employee or agent of the department to enter the premises at reasonable times to:

1. Inspect records, investigate and determine compliance with the produce safety rule, this article and rules adopted pursuant to this article.

2. Follow up or complete prior inspections or determine the status of or compliance with corrective measures.

B. The owner, lessee, operator or designated representative of a farm shall:

1. Maintain records required by the produce safety rule, this article and rules adopted pursuant to this article.

2. Make those records available to an authorized employee or agent of the department within twenty-four hours after an electronic or written request.

C. Inspections and investigations under this section shall be on reasonable notice to the owner, lessee, operator or designated representative of the farm unless reasonable grounds exist to believe that such a notice would impede the enforcement of this article.  The director may, and if required by law shall, apply for and obtain warrants for entry and inspection.

D. The owner, lessee, operator or designated representative of a farm that is subject to a qualified exemption under section 3-525.03 shall allow an authorized employee or agent of the department to enter the premises at reasonable times:

1. To review relevant records to confirm that the farm complies with the requirements for its qualified exemption.

2. For an active investigation of a food-borne illness outbreak that is linked to the farm, for the purpose of inspecting and securing representative and relevant samples or specimens.

E. The department shall use the state agricultural laboratory, a laboratory certified by the state agricultural laboratory or any other laboratory recognized by the United States food and drug administration for any necessary laboratory analysis of samples or specimens secured through an inspection pursuant to this section.

F. Except as otherwise provided by this section, inspections are subject to the requirements of section 41-1009.

G. On request, the associate director shall issue a copy of the inspection report to the farm's owner, lessee, operator or designated representative.

H. This section does not limit the department's authority to respond to an emergency or a public health hazard, including communication with applicable state and federal agencies.
A.R.S. § 3-105 — Arizona Code / Title 3 / Chapter 1 / Article 1 / Section 105
3-105 Division councils
Status: in_force

3-105. Division councils

A. The director may appoint a division council within any division of the department, and shall appoint an animal services division council and a weights and measures services division council, consisting of representatives of the various industries and commodities regulated by those divisions. Any such organization may request representation on the respective division council, but the actual appointments to the division council are at the discretion of the director.

B. Members shall serve two-year terms of office that are staggered among the members. Members of division councils serve without compensation but are eligible for reimbursement for travel and other expenses as provided by law. Each division council shall select a chairman and vice-chairman from among its members. Division councils are public bodies for purposes of title 38, chapter 3, article 3.1. Each division council shall assist and make recommendations to the associate director of the division regarding the administration and implementation of the various programs within the division. The associate director shall make a written response to the division council within fifteen days to each formal recommendation made by the council.
A.R.S. § 3-2160 — Arizona Code / Title 3 / Chapter 13 / Article 5 / Section 2160
3-2160 Reporting violations
Status: in_force

3-2160. Reporting violations

Before any violation of this article is reported by the department for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given reasonable notice of the alleged violation and opportunity to present his views orally or in writing with regard to such contemplated proceeding. Nothing in this article shall be construed as requiring the department to report for criminal prosecution minor violations of this article if it believes that the public interest will be adequately served and compliance obtained by a suitable written notice or warning.
A.R.S. § 3-412 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 412
3-412 Terminating a marketing order
Status: in_force

3-412. Terminating a marketing order

A. The marketing order expires on the fifth anniversary of its effective date unless specified otherwise in the marketing order, terminated previously or reapproved.

B. If the marketing order has been substantially changed and the substantial change was submitted for approval to those persons regulated by the marketing order during the existing term of the marketing order, the marketing order's term is deemed reapproved from the date of the approval of the substantial change.

C. During the last year the marketing order is effective, the department shall develop a list pursuant to section 3-407 and hold a public meeting pursuant to section 3-408 and an election pursuant to section 3-410. If the marketing order is reapproved, the new term begins on the expiration of the existing term.

D. If at least forty per cent of the persons regulated by a marketing order, by volume and by number, present a petition to terminate the marketing order to the department and the signatures have been collected within ninety days, the department shall hold a public meeting pursuant to section 3-408 and depending on the testimony presented at the public meeting may submit the marketing order for an election pursuant to section 3-410 within sixty days after the filing of the petition. The petition shall state the text of the marketing order, the proposed method of voting and any other pertinent information.

E. If a marketing commission, by a two-thirds vote of its membership, determines that it is no longer in the best interest of the persons regulated by the marketing order to continue the marketing order, the department shall submit the marketing order to an election pursuant to section 3-410 within thirty days after the marketing commission's vote.

F. If a marketing commission does not meet for three consecutive marketing seasons, the director may call a public meeting pursuant to section 3-408 to determine whether an election on termination is necessary.

G. If an election is conducted by referendum, the marketing order shall be terminated if a majority of the persons regulated by the marketing order by number and volume votes to terminate the marketing order.

H. If an election is conducted by written assent, the marketing order shall be terminated if a majority of the persons regulated by the marketing order by number and volume files a written assent to terminate the marketing order with the department.

I. The department shall certify the election results. The department may not disclose how a particular person voted but shall disclose who voted and the total number of votes cast in favor of the marketing order and the total number of votes cast opposing the marketing order.

J. If the department certifies that the marketing order shall be terminated pursuant to the results of the referendum or written assent, the marketing order terminates five days after the notice is mailed to every person regulated by the marketing order and persons who request notification.

K. A marketing order shall not be submitted for termination until one year after an election.
A.R.S. § 3-3632 — Arizona Code / Title 3 / Chapter 20 / Article 4 / Section 3632
3-3632 Wood-destroying organisms; treatment proposal; form; retention; exception
Status: in_force

3-3632. Wood-destroying organisms; treatment proposal; form; retention; exception

A. A business licensee shall not commence work on a contract or sign, issue or deliver any documents expressing an opinion or making a statement relating to the presence or absence of wood-destroying organisms in a structure until an inspection is made.

B. Only an applicator certified in the category of wood-destroying organism management shall prepare a treatment proposal on a form approved by the director. The applicator shall deliver a copy of the treatment proposal to the person requesting the proposal or treatment, or the person's designated agent, before beginning treatment.  The treatment proposal shall include the following information:

1. The address of the property to be treated.

2. A statement describing that the work is preventative or corrective.

3. A statement describing the evidence of infestation or damage.

4. A diagrammatic description showing the nature and location of evidence of infestation or damage, or both, if applicable.

5. A statement describing the treatment or repair method, including the name of the pesticide or device to be used and a diagrammatic description showing where the treatment or repair will be rendered.

6. The price for the work.

7. The terms for the service agreement provided by the business licensee.

8. The signature and license number of the person who made the inspection of the structure to be treated.

C. A certified applicator shall also give to the person requesting a proposal or treatment a written recommendation that verifies a particular problem and, in addition to the certified applicator's recommendation for treatment, shall advise the person of alternative treatments and methods, including integrated pest management methods, to alleviate the problem.

D. A treatment proposal shall not be in the same form or be construed as a wood-destroying insect inspection report. A treatment proposal that does not identify infestation by wood-destroying organisms is not a binding statement as to the presence or absence of wood-destroying organisms.

E. A treatment proposal shall be prepared by a certified applicator who has received at least five hours of instruction from an in-house education program of the business licensee on the subject of wood-destroying organisms inspections. An examination on the instruction is not required. The business licensee shall keep a record of completion of the training and shall make the record available on the director's request.  The instruction requirement does not apply to certified qualified applicators.

F. If a business licensee performs a treatment pursuant to a treatment proposal, the business licensee shall maintain for three years a record of the treatment and the name and quantity of the pesticide used.

G. This section does not apply to the application of pesticides directly to structural components of wood or wood products, which are not part of an existing structure normally habitable by persons, to prevent or manage wood degradation by wood-destroying organisms.
A.R.S. § 3-2087 — Arizona Code / Title 3 / Chapter 13 / Article 3 / Section 2087
3-2087 Sales to state institutions
Status: in_force

3-2087. Sales to state institutions

Meat of the carcasses or parts of carcasses of cattle, sheep, goats or swine for human consumption shall not be served in or sold to any state institution unless the carcasses or part of carcasses bear the inspection stamp "Arizona inspected and passed" or bear the inspection stamp of the United States department of agriculture. State institutions which raise their own livestock may slaughter and use meats derived therefrom subject to inspection as required in article 2 of this chapter and this article.
A.R.S. § 3-2045 — Arizona Code / Title 3 / Chapter 13 / Article 2 / Section 2045
3-2045 Condemnation and appeal
Status: in_force

3-2045. Condemnation and appeal

The inspector at slaughtering establishments with state meat inspection service shall condemn and so mark, stamp or tag all diseased or otherwise unfit carcasses and parts of carcasses, including the viscera.  The condemned parts shall be removed from the slaughtering department of the plant in equipment designated for that purpose and shall be destroyed for food purposes under the supervision of the inspector.  If any slaughtering establishment wishes to appeal a decision of an inspector as to carcasses or parts of carcasses which have been condemned, the establishment may appeal the decision to the chief veterinary meat inspector.  If such establishment is not satisfied and wishes to make a further appeal, it may submit such appeal to the director.  Except as provided in section 41-1092.08, subsection H, final decisions of the director are subject to judicial review pursuant to title  12, chapter  7, article  6.
A.R.S. § 3-108 — Arizona Code / Title 3 / Chapter 1 / Article 1 / Section 108
3-108 Administrative support fund; use; exemption
Status: in_force

3-108. Administrative support fund; use; exemption

A. A department of agriculture administrative support fund is established.  All monies collected pursuant to any interagency agreement with the department pursuant to section 3-588, subsection A shall be deposited, pursuant to sections 35-146 and 35-147, in the fund.

B. All monies collected pursuant to any interagency agreement with the department in accordance with section 3-468.03, subsection A and section 3-526.03, subsection A shall be deposited in the administrative support fund or deposited in the citrus, fruit and vegetable trust fund established by section 3-447 pursuant to the terms of the interagency agreement. Deposits in the administrative support fund shall be made pursuant to sections 35-146 and 35-147.

C. Monies in the fund are continuously appropriated and exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 3-446 — Arizona Code / Title 3 / Chapter 3 / Article 2 / Section 446
3-446 Adopting new or revised standards; exception
Status: in_force

3-446. Adopting new or revised standards; exception

A. Twenty-five percent of the producers or shippers of a citrus fruit may petition the associate director to adopt a standard.

B. Twenty-five percent of the producers or shippers of a citrus fruit for which a standard has been established by rule may petition the associate director to modify the standard.

C. Within thirty days after receiving a valid petition under subsection A or B of this section, the associate director, after notifying all other known producers and shippers of the citrus fruit, shall hold a public meeting to receive comment on the proposed new standard. Within fifteen days after the meeting, the associate director shall either deny the petition in writing stating the reasons for denial or initiate rulemaking proceedings.

D. This section does not apply to any commodity that is exempt from standardization under section 3-450.
A.R.S. § 3-111 — Arizona Code / Title 3 / Chapter 1 / Article 2 / Section 111
3-111 Definitions
Status: in_force

3-111. Definitions

In this chapter, unless the context otherwise requires:

1. "Agricultural operations" means all activities by the owner, lessee, agent, independent contractor and supplier conducted on any facility for the production of crops, livestock, poultry, livestock products or poultry products or for the purposes of agritourism.

2. "Agritourism" means any activity that allows members of the general public, for recreational or educational purposes, to view, enjoy or participate in rural activities, including farming, ranching, historical, cultural, u-pick, harvest-your-own produce or natural activities and attractions occurring on property defined as agricultural real property pursuant to section 42-12151 if the activity is conducted in connection with and directly related to a business whose primary income is derived from producing livestock or agricultural commodities for commercial purposes.

3. "Farmland" means land devoted primarily to the production for commercial purposes of livestock or agricultural commodities.
A.R.S. § 3-301 — Arizona Code / Title 3 / Chapter 2 / Article 4 / Section 301
3-301 Developing and adopting the program; advisory committee
Status: in_force

3-301. Developing and adopting the program; advisory committee

A. The director may develop and adopt by rule an Arizona organic food certification program that shall meet the requirements of the national organic program (7 Code of Federal Regulations part 205).

B. If the director establishes such a program, the director shall establish one or more advisory committees pursuant to section 3-106 to assist in developing the program.
A.R.S. § 3-615 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 615
3-615 Milk holding tanks; structural requirements; measuring device
Status: in_force

3-615. Milk holding tanks; structural requirements; measuring device

A. A milk holding tank shall be so designed, constructed and installed as to withstand ordinary usage and permit accurate measurement of the fluid contents thereof, and shall be so maintained by the owner.  The tanks shall be so designed, constructed, installed and maintained that complete delivery of the contents may be made through delivery faucets or valves. Each tank shall be plainly marked by die stamping in letters or numerals that are not less than one-fourth inch in height showing the approved calibrated capacity to the nearest gallon, and shall be equipped with a means by which the calibration level may be readily determined. The shell, bulkheads and supporting framework shall be so constructed that they will not become distorted under any condition of liquid lading, and means shall be provided for the sealing of adjustable parts in such a manner as to prevent the removal or changing of position without destroying or mutilating the seal. Each milk holding tank shall be equipped with a measuring device approved by the state inspector of the weights and measures services division of the department.

B. It shall be unlawful to alter or tamper with a milk holding tank or any part thereof in such a way as to give an inaccurate measurement of the fluid contents thereof.
A.R.S. § 3-3111 — Arizona Code / Title 3 / Chapter 17 / Article 1 / Section 3111
3-3111 De minimis violations
Status: in_force

3-3111. De minimis violations

A. The assistant director may issue an advisory notice stating de minimis violations of standards and rules which carry no penalty, unless the employer or trainer wilfully and repeatedly violates the standard or rule, in which case the assistant director may refer the matter to the director for appropriate action pursuant to section 3-3113.

B. No advisory notice stating a de minimis violation may be issued under this section after the expiration of a period of six months after the date of the inspection that produced evidence of an alleged violation. If in the course of an investigation the department identifies any additional alleged violator, the department may investigate the additional alleged violator. No advisory notice may be issued after the expiration of six months from the date the additional alleged violator is identified by the department.
A.R.S. § 3-1264 — Arizona Code / Title 3 / Chapter 11 / Article 3 / Section 1264
3-1264 Schedule for rerecording brands and earmarks
Status: in_force

3-1264. Schedule for rerecording brands and earmarks

A. Beginning from and after December 31, 1985 each owner of a brand or earmark who desires to continue to use it shall apply to the division to rerecord the brand or earmark on the prescribed date and every five years thereafter according to the following schedule:

Calendar Year for Initial Recording

Brand and Earmark Numbers        After December 31, 1985

1 through 1,500   1991

1,501 through 3,000     1992

3,001 through 4,500     1993

4,501 through 6,000     1994

6,001 through 7,500     1995

7,501 through 9,000     1986

9,001 through 10,500    1987

10,501 through 12,000   1988

12,001 through 13,500   1989

13,501 and above  1990

B. All new brands awarded and recorded after December 31, 1985 shall be rerecorded every five years following the month and year of the first recording.

C. The division shall notify every owner of a recorded brand or earmark of his right to rerecord the brand or earmark. The notice shall be in writing and addressed and mailed to such owner at the last address of record in the division office at least thirty days before the rerecording date.

D. Rerecording the brand or earmark shall be done in the same manner as original recording, but brands and earmarks offered for rerecording need not be advertised as required for original recording.
A.R.S. § 3-498 — Arizona Code / Title 3 / Chapter 3 / Article 4 / Section 498
3-498 Appeals from inspection; fee
Status: in_force

3-498. Appeals from inspection; 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 and other rules 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. 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.

C. 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. § 3-2122 — Arizona Code / Title 3 / Chapter 13 / Article 4 / Section 2122
3-2122 License to slaughter horses for human consumption; application; records required; appointment of inspectors
Status: in_force

3-2122. License to slaughter horses for human consumption; application; records required; appointment of inspectors

A. A license shall be obtained from the division before slaughtering a horse for human consumption.

B. Application for a license to conduct a slaughterhouse for the slaughter of horses for human consumption shall be submitted to the division on a form prescribed by the department. The application shall contain the information the department deems necessary including a statement that the applicant will comply with the requirements of law and the rules of the director relating to the slaughter, processing, packing or preparation of meat food products made for human consumption from horsemeat, and shall be accompanied by the filing fee required for an application to conduct a slaughterhouse pursuant to article 1 of this chapter.

C. The holder of a slaughterhouse license issued under the provisions of this article or a person handling horsemeat for resale shall maintain a record of the live and dressed weight, the date and from whom each horse was received.

D. A complete record of the sale of horsemeat shall be maintained for a period of one year, showing the name and address of each customer and the amount and date of each sale. All records required by this section shall be open for inspection by the department, the department of health services or an authorized agent thereof.

E. Inspectors appointed under article 2 of this chapter may also serve as inspectors under this article, as assigned by the department.
A.R.S. § 3-346 — Arizona Code / Title 3 / Chapter 2 / Article 5 / Section 346
3-346 Agreements with other agencies and states
Status: in_force

3-346. Agreements with other agencies and states

The director with the advice of the associate director may cooperate with and after a hearing enter into agreements with any other agency of this state, the United States government, and any other state or agency thereof for the purpose of carrying out the provisions of this article and securing uniformity of regulations.
A.R.S. § 3-722 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 722
3-722 Bulk lots; prohibition
Status: in_force

3-722. Bulk lots; prohibition

Sales to consumers of chicken eggs from bulk lots are prohibited.
A.R.S. § 3-1233 — Arizona Code / Title 3 / Chapter 11 / Article 2 / Section 1233
3-1233 Powers and duties of council
Status: in_force

3-1233. Powers and duties of council

A. The council shall:

1. Receive and disburse funds under the provisions of this article to be used in administering the provisions of this article.

2. Annually elect a chairman from among its members. No chairman shall succeed himself more than once.

3. Elect a secretary-treasurer who may be from among its members.

4. Meet regularly every three months and at such other times as called by the chairman or when requested by five or more members of the council.

5. Keep a permanent record of its proceedings and prepare for the governor and the beef industry an annual report of its activities, receipts and expenditures.

B. The council may:

1. Conduct or contract for scientific research to discover and develop improved marketing methods for beef and beef products, including programs of consumer education and protection.

2. Disseminate reliable information, founded upon research; showing uses or probable uses of beef and beef products.

3. Study state and federal legislation with respect to tariffs, duties, reciprocal trade agreements, import quotas and other matters concerning the beef industry.

4. Sue and be sued as a council, without individual liability, for acts of the council within the scope of the powers and duties conferred upon it by this article.

5. Enter into contracts to carry out the purpose of the council as provided in this article, including contracts for promotion of beef and beef products and development of new markets through such promotion.

6. Appoint advisory groups composed of representatives from organizations, institutions or businesses related to or interested in the welfare of the beef industry.

7. Make grants to research agencies for financing special or emergency studies, or for purchase or acquisition of facilities necessary to carry out the purposes of the council.

8. Appoint subordinate officers and employees of the council and prescribe their duties and fix their compensation.

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

10. Act jointly and in cooperation with the state or federal government, or both, or any agency thereof in the administration of any program of the government or of a governmental agency deemed by the council as beneficial to the beef industry of this state, and expend funds in connection therewith.

11. Adopt rules and regulations necessary to carry out the provisions of this article.

12. Adopt, rescind, modify or amend all proper regulations, orders and resolutions for the exercise of its powers and duties.
A.R.S. § 3-1345 — Arizona Code / Title 3 / Chapter 11 / Article 5 / Section 1345
3-1345 Transfer or issuance of ownership and hauling certificates; fees
Status: in_force

3-1345. Transfer or issuance of ownership and hauling certificates; fees

A. The seller of any equine who has a valid ownership and hauling certificate for such animal and the buyer of such animal, except a person who has been issued an equine trader's permit pursuant to section 3-1348, may both complete and date a transfer request form. One copy of the transfer request form shall be given to the seller.

B. Within thirty days of the transfer of ownership of any equine, provided for in subsection A of this section, the buyer may forward to the division the ownership and hauling certificate, the original copy of the completed transfer request form and the transfer fee. The director shall adopt transfer fees by rule pursuant to title 41, chapter 6, for processing transfer request forms. Upon receipt, the division shall deposit the fees in the equine inspection fund pursuant to section 3-1345.01 and issue a new ownership and hauling certificate to the transferee and a blank transfer request form. Such certificate shall be valid for the life of the animal or until sold.

C. An equine trader permittee who purchases an equine in this state must receive from the seller a bill of sale or the ownership and hauling certificate and the original and buyer's copy of a transfer request form with the seller's portion completed.

D. An equine trader permittee shall sign and enter his permit number on the transfer document when he transfers ownership of an equine.
A.R.S. § 3-2908 — Arizona Code / Title 3 / Chapter 16 / Article 1 / Section 2908
3-2908 Special licenses
Status: in_force

3-2908. Special licenses

A. The division may issue special aquaculture licenses for purposes of education and research institutional needs pursuant to rules adopted by the director. Special aquaculture licenses are not renewable and may be issued for not more than three year terms.

B. The fee prescribed by the director for a special license shall not exceed one hundred dollars.
A.R.S. § 3-709 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 709
3-709 Supervisor of egg inspection; egg inspectors
Status: in_force

3-709. Supervisor of egg inspection; egg inspectors

A. The associate director, with the approval of the director, shall employ a supervisor of egg inspection. The supervisor shall qualify by taking and filing the official oath of office. He shall be possessed of not less than three years' experience in the production, sale and determining of standards and grades of eggs. He shall be possessed of technical and educational qualifications or practical experience in the handling and inspection of eggs, and in all matters relating to the egg industry.

B. The associate director shall employ egg inspectors and the director may assign personnel from the office of inspections to perform any of the inspection-related activities prescribed by this article under the direction of the supervisor. Egg inspectors employed by the associate director must be certified by the United States department of agriculture. The duties of inspectors shall be to inspect, weigh and examine dried eggs, frozen eggs and eggs in the shell being advertised or offered for sale to determine the condition, quality, grade and weight thereof. They may examine records of a person advertising or offering for sale eggs or egg products. They shall enforce the provisions of this article and other laws relating to the sale of eggs under the supervision and direction of the director.
A.R.S. § 3-1371 — Arizona Code / Title 3 / Chapter 11 / Article 6 / Section 1371
3-1371 Seizure of livestock by a livestock officer
Status: in_force

3-1371. Seizure of livestock by a livestock officer

Livestock officers shall seize livestock, except unweaned animals running with their mothers, wherever found and when the livestock officer questions the livestock's ownership. The question of ownership may be raised in the following circumstances:

1. The livestock is not branded as required by this chapter.

2. The ownership of the livestock is questioned by another person.

3. The livestock has brands so mutilated, indistinct, burned or otherwise disfigured as to be difficult of ascertainment.

4. The livestock bears a brand which is not recorded.

5. The livestock is freshly branded and not found with its mother.

6. The livestock has a brand or mark which is not the recorded brand or mark of the owner.

7. The livestock is that which is known as "leppys," "orejanas," "sleepers," "dogies" or "mavericks."

8. Other circumstances raising questions as to the livestock's ownership.
A.R.S. § 3-2603 — Arizona Code / Title 3 / Chapter 15 / Article 1 / Section 2603
3-2603 Enforcement and administrative powers
Status: in_force

3-2603. Enforcement and administrative powers

A. The associate director may refuse to license or may cancel the license of any distributor in violation of this article.  The director shall review the associate director's action on request of any person adversely affected by the action.

B. The director may, after a hearing:

1. Adopt rules:

(a) Requiring the guarantee of substances and elements when claimed present in a commercial feed, and declare the form in which the guarantee shall appear on the label.

(b) Setting forth acceptable descriptive terms by which ingredients shall be listed on the labeling when used as ingredients of a commercial feed or customer-formula feed.

(c) Requiring a statement of warning and directions for use of commercial feeds and customer-formula feeds containing drugs or chemicals.

(d) Establishing limits of viable weed seeds contained in commercial feed.

(e) Both administrative and technical, which the director deems necessary for the efficient administration of this article.

2. Cooperate with, and enter into agreements with, universities under the jurisdiction of the Arizona board of regents, other agencies of this state, other states and agencies of the federal government in order to carry out the purpose and provisions of this article, including the implementation and use of commercial feed trust fund monies to assist the efforts of an ALIRT agreement.

3. Exempt from the definition of commercial feed or from specific provisions of this article commodities such as hay, straw, stover, silage, cobs, husks, hulls and individual chemical compounds or substances when those commodities, compounds or substances are not intermixed or mixed with other materials and are not adulterated within the meaning of section 3-2611.

4. Define weights in the metric system.
A.R.S. § 3-525.03 — Arizona Code / Title 3 / Chapter 3 / Article 4.1 / Section 525.03
3-525.03 Inventory of farms; covered farms; information requirements; qualified exemptions
Status: in_force

3-525.03. Inventory of farms; covered farms; information requirements; qualified exemptions

A. The department shall maintain an inventory of farms in this state that are subject to the requirements of this article.

B. A farm having average annual sales during the previous three-year period of twenty-five thousand dollars or more on a rolling basis, adjusted annually according to annual changes in the GDP price deflator as defined in section 41-563, is a covered farm for the purposes of this section.

C. Each covered farm as described in subsection B of this section shall submit information requested by the associate director not later than October 1 of each year.  The associate director shall prescribe the manner and form for submission, including electronic submission, requiring only the minimum information considered necessary to accomplish the purposes of this article. A farm shall notify the department within sixty days after a material change to any of the information previously submitted during the year.

D. A farm that does not meet the requirements of subsection B of this section is not a covered farm and is not subject to the requirements of this article.

E. The associate director may issue a qualified exemption from the requirements of this article to a covered farm that satisfies the requirements, terms and conditions prescribed in 21 Code of Federal Regulations section 112.5.  To obtain a qualified exemption, a farm that is eligible for a qualified exemption under this subsection must comply with all of the following:

1. Apply for the exemption on a form issued by the associate director.

2. Receive approval for the exemption.

3. Maintain and demonstrate compliance with the requirements prescribed by this article and the rules adopted pursuant to this article.
A.R.S. § 3-3121 — Arizona Code / Title 3 / Chapter 17 / Article 1 / Section 3121
3-3121 Trade secrets; confidentiality
Status: in_force

3-3121. Trade secrets; confidentiality

All information reported to or obtained by the department or its representatives in connection with any inspection or investigation under this article which contains or which might reveal a trade secret is considered confidential for the purpose of this article, except that the information may be disclosed to other representatives of the office or department concerned with carrying out this article or if it is relevant in any proceeding under this article. In any such proceeding, the department, assistant director, director, hearing officer or courts shall issue orders as may be appropriate to protect the confidentiality of trade secrets.
A.R.S. § 3-730 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 730
3-730 Nonconforming eggs as nuisance; procedure for handling and abatement
Status: in_force

3-730. Nonconforming eggs as nuisance; procedure for handling and abatement

A. Eggs or egg products prepared, packed, stored, delivered for shipment, delivered for sale, loaded, shipped, transported or sold in violation of this article, together with their cases, cartons or containers, are declared a public nuisance, and the eggs or egg products shall be held by the person in possession and shall not be moved from the place where held, except upon written permission or specified direction of the director.

B. An inspector may affix a warning tag or notice to the eggs or egg products and may give notice of the violation to the producer, manufacturer, dealer, owner or any person in possession of the eggs or egg products. If the person, after notice, refuses or fails within seventy-two hours to proceed with due diligence to recondition or remark the eggs or egg products so as to comply with this article, the eggs or egg products, and their cases, cartons or containers, may be seized by a law enforcement officer. When the eggs or egg products are in cold storage the seventy-two hour period does not commence to run until the eggs or egg products are removed from storage and delivered to a dealer or producer.

C. The county attorney of the county in which the nuisance exists, on the relation of the director, shall maintain in the name of the state a civil action to abate and prevent the nuisance. If the court finds a nuisance exists, the court shall order the eggs or egg products condemned and destroyed in the manner directed by the court, or reconditioned, remarked, denatured or otherwise processed, or released upon such conditions as the court may prescribe to insure that the nuisance will be abated. If the owner fails to comply with the order of the court within the time specified, the court may order disposal of the eggs or egg products, and their cases, cartons or containers, or the sale thereof, under such conditions as the court may prescribe, by the director, the sheriff or the constable. In the event the court orders any of the eggs or egg products and their cases, cartons or containers which can be salvaged to be sold, the cost of disposal shall be deducted from the proceeds of the sale and the balance paid into court to be delivered to the owner.

D. In actions arising under this section, the superior court has original jurisdiction.
A.R.S. § 3-1702 — Arizona Code / Title 3 / Chapter 12 / Article 1 / Section 1702
3-1702 Stock crossings required in fences enclosing rights of way; violation; classification
Status: in_force

3-1702. Stock crossings required in fences enclosing rights of way; violation; classification

A. A railroad fencing its right of way shall leave an opening at least once every three miles in an accessible place for stock to pass through. The opening shall be at least sixty feet wide, with cattleguards at each end, and fences shall be run to the guards. Cattleguards and wing fences shall be placed on either side of the openings, sufficient to prevent cattle entering upon the right of way enclosed. Places where the railroad runs over trestles or bridges sufficiently high for cattle to go under shall be left unfenced.

B. A railroad violating any provision of this section is guilty of a class 2 misdemeanor.