A.R.S. § 3-103 — Arizona Code / Title 3 / Chapter 1 / Article 1 / Section 103
3-103 Director; search committee; qualifications; deputy director and associate and assistant directors; legal counsel
Status: in_force

3-103. Director; search committee; qualifications; deputy director and associate and assistant directors; legal counsel

A. The governor shall appoint a director of the department pursuant to section 38-211 to serve at the pleasure of the governor.

B. The qualifications of candidates for appointment as director shall be reviewed by a committee of five persons selected by the governor. Two of the members of the committee must be actively engaged in animal production, two members must be actively engaged in plant production and one member must be actively engaged in agribusiness, as their major sources of income. No two members may be residents of the same county. The committee shall submit the names of the most qualified candidates to the governor for his selection. The governor may request additional names from the committee if he deems it necessary. A new committee shall be appointed for each vacancy in the position of director.

C. The director must have at least a baccalaureate degree from an accredited college or university and five years of management experience in agriculture business or agriculture production plus experience in one or more of the following:

1. Business management.

2. Public administration.

3. Personnel management.

4. Law.

D. The director shall appoint:

1. A deputy director of the department who shall also supervise the central administrative service office.

2. An associate director for each division of the department.

3. An assistant director for each office established under section 3-102, subsection B.

E. The director is eligible for compensation as determined under section 38-611. The director, deputy director and associate and assistant directors are exempt from title 41, chapter 4, articles 5 and 6 relating to state service, and the deputy director and associate and assistant directors serve at the pleasure of the director. If a vacancy occurs in the office of deputy director or an associate or assistant director, the director may appoint any officer or employee of the department, or may serve himself, as acting deputy or associate or assistant director pending appointment of a permanent replacement.

F. The director may employ legal counsel to advise him, represent the department in connection with legal matters before other departments and agencies of this state and represent the department and this state in litigation concerning affairs of the department. Legal counsel is exempt from title 41, chapter 4, articles 5 and 6 relating to state service and serves at the pleasure of the director.
A.R.S. § 3-114 — Arizona Code / Title 3 / Chapter 1 / Article 2 / Section 114
3-114 Liability for unauthorized destruction of field crop product; damages; definition
Status: in_force

3-114. Liability for unauthorized destruction of field crop product; damages; definition

A. A person who knowingly damages, destroys or removes any legal crop or crop product that is grown for commercial purposes or for testing or research purposes in the context of a product development program in conjunction or coordination with a private research facility, a university or a federal, state or local government agency is liable for:

1. Up to twice the market value of the damaged, destroyed or removed crop, measured before the damage or destruction.

2. Up to twice the actual costs of production, research, testing, replacement and crop development directly related to the damaged, destroyed or removed crop.

3. Litigation costs including court costs, attorney fees and expert witness fees.

B. The rights and remedies available under this section are in addition to any other rights and remedies otherwise available in law.

C. For purposes of this section, "in conjunction or coordination" means having a written contract involving testing or a product development program relating to the field crop product.
A.R.S. § 3-1332 — Arizona Code / Title 3 / Chapter 11 / Article 5 / Section 1332
3-1332 Method, place and time of inspecting livestock
Status: in_force

3-1332. Method, place and time of inspecting livestock

A. Livestock officers and inspectors shall inspect livestock, other than equine and livestock subject to authorized self-inspection, for health, marks and brands at loading stations, at places of exit from the state and at places where livestock are gathered to be sold, slaughtered, transported, conveyed, shipped or driven from their range for any purpose whatever except when livestock are being moved from pasture to a destination in this state and no change of ownership, slaughter or other disposition is involved and the owner is utilizing self-inspection approved by the division under section 3-1203.  Livestock officers and inspectors need not inspect outgoing livestock from feed lots, dairies and producers utilizing self-inspection pursuant to section 3-1203 but may conduct periodic inspections to ascertain compliance with this article.

B. Feed lots, dairies and producers utilizing self-inspection approved by the division under section 3-1203 shall comply with the applicable provisions of this section and procedures established by the division.

C. Brand inspections shall be made by daylight and in a manner that enables the livestock officer or inspector personally to see, inspect and record each and every mark and brand.  Inspections of livestock for health at a slaughterhouse may be made by other than daylight if adequate artificial light is provided.

D. Upon being advised that livestock is subject to inspection, livestock officers and inspectors shall arrange for the inspection of the livestock and inspect such livestock within forty-eight hours.

E. The animal services division, the plant services division and the office of inspections shall cooperate to provide livestock inspections at border inspection stations or department offices and to train appropriate personnel to perform these inspections.  Employees of the plant services division acting under this subsection do not have enforcement powers otherwise granted to livestock officers.  In the case of an apparent discrepancy, disease or other problem a livestock officer or inspector employed by the animal services division shall be called on to make a final inspection and determination.  The associate director of the animal services division shall assign at least one livestock officer or inspector to be on call from each office operated by the plant services division under this subsection.
A.R.S. § 3-717 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 717
3-717 State egg inspection trust fund
Status: in_force

3-717. State egg inspection trust fund

A. All fees provided by this article shall be paid to the department, which shall issue a receipt for such fees. The department shall deposit the full amount in a special fund known as the state egg inspection trust fund.  The trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural programs established by 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 pursuant to sections 35-313 and 35-314.03, and monies earned from investment shall be credited to the trust fund.

C. The beneficiaries of the trust are the agricultural programs established by this article.  The trust fund shall be used exclusively for the purposes of this article on the order of the director.

D. Monies deposited in the state egg inspection trust fund are 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. § 3-143 — Arizona Code / Title 3 / Chapter 1 / Article 4 / Section 143
3-143 Assistant director; powers and duties
Status: in_force

3-143. Assistant director; powers and duties

A. The assistant director for the state agricultural laboratory is responsible for the administration, operation and control of the state agricultural laboratory.

B. The assistant director shall have all the following qualifications:

1. A master's degree in chemistry or its equivalent in practical experience as determined by the director.

2. Experience in agricultural laboratory testing or experience in a control laboratory of an agency that regulates feeds, fertilizers or pesticides.

3. Supervisory experience.

C. The assistant director shall enforce rules established pursuant to section 3-147:

1. For the voluntary certification of laboratories providing agricultural laboratory services to persons of this state.

2. For the mandatory certification of laboratories providing agricultural laboratory services to agencies and departments of this state or its political subdivisions, including those laboratories that are a part of a state agency or department or a political subdivision of this state.

3. Prescribing testing, documentation and quality assurance procedures and requirements.

D. The assistant director may contract with and assist other divisions and offices in the department and other departments and agencies of the state, local and federal governments in the furtherance of the purposes of this article, including contracting to provide laboratory services.
A.R.S. § 3-2089 — Arizona Code / Title 3 / Chapter 13 / Article 3 / Section 2089
3-2089 Vehicles
Status: in_force

3-2089. Vehicles

Every vehicle used by any slaughterer, meat or poultry processor, wholesaler, jobber or peddler in the transporting of dressed carcasses of animals intended for human consumption, parts thereof, meats or meat food products shall be maintained in a clean and sanitary condition, shall comply with the minimum requirements of the director and shall be subject to inspection by the chief veterinary meat inspector or his employees.
A.R.S. § 3-736 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 736
3-736 Venue; evidence
Status: in_force

3-736. Venue; evidence

A. A prosecution for a violation of this article may be instituted in the precinct of the county where any part of the offense occurred.

B. Evidence taken in one county may be admitted as evidence in a prosecution in another county.

C. The director may, while enforcing the provisions of this article, seize and hold as evidence any advertisement, sign, placard, invoice, case, carton or container of eggs or egg products or all or any part of any pack, load, lot consignment or shipment of eggs or egg products packed, stored, delivered for shipment, loaded, shipped, transported, or sold in violation of any provision of this article.
A.R.S. § 3-263 — Arizona Code / Title 3 / Chapter 2 / Article 3 / Section 263
3-263 Fertilizer labeling regulation; state preemption
Status: in_force

3-263. Fertilizer labeling regulation; state preemption

The provisions of this article and the rules that implement this article are of statewide concern.  The labeling of fertilizers and other substances regulated pursuant to this article are not subject to further regulation by a county, city, town or other political subdivision of this state.
A.R.S. § 3-3625 — Arizona Code / Title 3 / Chapter 20 / Article 3 / Section 3625
3-3625 Business license; principals; definition
Status: in_force

3-3625. Business license; principals; definition

A. The director shall deny an application for a new business license or a renewal of an existing business license if a principal of the applicant was also a principal of another business that currently owes past due termite action registration form fees, owes civil penalties to the division or has had its business license suspended or revoked within the last five years and was a principal at the time the fees became due or the acts resulting in the disciplinary action occurred.

B. For the purposes of this section, "principal" means a person who owns at least a ten percent interest in a business.  Principal includes an owner that is itself a business as well as owners of a principal.
A.R.S. § 3-3102 — Arizona Code / Title 3 / Chapter 17 / Article 1 / Section 3102
3-3102 Scope of chapter
Status: in_force

3-3102. Scope of chapter

The scope of this chapter is to regulate the safety and health of workers exposed to pesticides and any other safety and health issue not covered by the industrial commission by title 23, chapter 2, article 10 or any responsibilities required under the approved plan of the industrial commission in accordance with the United States department of labor, section 18 of federal occupational safety and health act of 1970.
A.R.S. § 3-1311 — Arizona Code / Title 3 / Chapter 11 / Article 4 / Section 1311
3-1311 Dogs killing or chasing livestock; liability of owner; classification
Status: in_force

3-1311. Dogs killing or chasing livestock; liability of owner; classification

A. If any person discovers a dog killing, wounding or chasing livestock, or discovers a dog under circumstances which show conclusively that it has recently killed or chased livestock, he may pursue and kill the dog.

B. The owner of a dog is liable for damages caused by the dog chasing livestock. In the case of a dog killing or wounding livestock, the owner of the dog is liable for damages to the owner of the livestock equal to three times the value of the livestock killed or wounded.

C. An owner of a dog who intentionally or recklessly allows or causes the dog to:

1. Wound or kill livestock owned by another person is guilty of a class 1 misdemeanor.

2. Chase livestock owned by another person, causing injury to the livestock, is guilty of a class 3 misdemeanor.
A.R.S. § 3-912 — Arizona Code / Title 3 / Chapter 7 / Article 1 / Section 912
3-912 Rules; additional notice requirements
Status: in_force

3-912. Rules; additional notice requirements

A. The director shall adopt rules to enforce this chapter pursuant to title 41, chapter 6.

B. In addition to the notice requirements prescribed in title 41, chapter 6, at least thirty days before any hearing at which a new rule or a change in a rule will be considered the department shall send a copy of the notice by first class mail to persons or entities requesting notice pursuant to section 3-904, subsection E.
A.R.S. § 3-591 — Arizona Code / Title 3 / Chapter 3 / Article 9 / Section 591
3-591 Failure to make report
Status: in_force

3-591. Failure to make report

If a person subject to the fee required by this article fails to make a report and remittance as required, the council shall determine the amount of the fee according to its best information and judgment, which amount so fixed is prima facie correct. The person failing to make the report shall pay the fee within ten days after notice of the amount of the fee so fixed and computed by the council, together with a penalty of five per cent of the amount of the fee. The person may dispute the fee as fixed by the council and request a hearing to determine the amount of the fee and penalty to be imposed. No payment may be made until the council enters its order determining the amount of payment, but the person shall pay the fee and any penalties assessed within ten days of notice of the decision.
A.R.S. § 3-1703 — Arizona Code / Title 3 / Chapter 12 / Article 1 / Section 1703
3-1703 Liability for injury to livestock on unfenced railroad; contributory negligence
Status: in_force

3-1703. Liability for injury to livestock on unfenced railroad; contributory negligence

A. When livestock is injured or killed by a locomotive or cars on the line of a railroad unfenced by good and sufficient fence or other barrier sufficient to turn livestock, the railroad is liable in damage to the owner of the livestock unless it is shown that the owner or his agent or servant immediately contributed to the killing or injury of the livestock.

B. Livestock straying, or grazing unattended by a herder, upon unfenced parts of the railroad is not contributory negligence of the owner.
A.R.S. § 3-1201 — Arizona Code / Title 3 / Chapter 11 / Article 1 / Section 1201
3-1201 Definitions
Status: in_force

3-1201. Definitions

In this chapter, unless the context otherwise requires:

1. "Aquaculture" means the controlled propagation, growth and harvest of aquatic animals or plants, including fish, amphibians, shellfish, mollusks, crustaceans, algae and vascular plants.

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

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

4. "Equine" means horses, mules, burros and asses.

5. "Livestock" means cattle, equine, sheep, goats and swine, except feral pigs.

6. "Livestock officer" means an animal health and welfare officer, animal health and welfare inspector or investigator employed by the department.

7. "Poultry" means any domesticated bird, whether live or dead, and includes chickens, turkeys, ducks, geese, guineas, ratites and squabs.

8. "Range" means every character of lands, enclosed or unenclosed, outside of cities and towns, upon which livestock is permitted by custom, license or permit to roam and feed.

9. "Range livestock" means livestock customarily permitted to roam upon the ranges of the state, whether public domain or in private control, and not in the immediate actual possession or control of the owner although occasionally placed in enclosures for temporary purposes.

10. "Ratite" means ostriches, emus, rheas and cassowaries.
A.R.S. § 3-418 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 418
3-418 Failure to pay assessment; penalty; hearing; violation; classification
Status: in_force

3-418. Failure to pay assessment; penalty; hearing; violation; classification

A. A person who is required to pay assessments pursuant to this article, a marketing order or a marketing agreement and who fails to pay the assessments within sixty days after the billing shall be assessed a penalty of ten per cent of the amount of the total assessments owing and two per cent interest per month on the unpaid balance.  The attorney general may collect assessments, penalties and interest on the request of the marketing commission or marketing committee.

B. The person who fails to pay the required assessments may request a hearing before the marketing commission or marketing committee acting as an administrative law judge pursuant to title 41, chapter 6, article 10 to dispute or determine the amount of the assessments, penalty or interest imposed.  The commission or committee shall hold a hearing if requested.  The commission or committee, after the hearing, shall enter its order determining the amount of any assessments, penalty or interest.  The person shall pay the assessments, penalty and interest assessed within ten days after the notice of the commission's or committee's decision.

C. A person who knowingly fails to pay or remit any monies due or collected as required in this article and the marketing order is guilty of a class 2 misdemeanor.
A.R.S. § 3-1303 — Arizona Code / Title 3 / Chapter 11 / Article 4 / Section 1303
3-1303 Driving livestock from range without consent of owner; classification
Status: in_force

3-1303. Driving livestock from range without consent of owner; classification

When livestock of a resident of the state is intentionally driven off its range by any person, without consent of the owner, the person is guilty of a class 5 felony.
A.R.S. § 3-363 — Arizona Code / Title 3 / Chapter 2 / Article 6 / Section 363
3-363 Rules
Status: in_force

3-363. Rules

The director shall adopt rules to regulate pesticides that include provisions to:

1. Administer and implement this article.

2. Prescribe measures to control, monitor, inspect and govern pesticide use.

3. Prohibit or restrict pesticide use.

4. Restrict the areas in which pesticide use may occur.

5. Prescribe minimum qualifications for all persons who engage in pesticide use, including, as appropriate, requirements that the persons have valid licenses, permits or certificates, have adequate training, including continuing education requirements, and meet financial responsibility standards.

6. Prescribe appropriate recordkeeping and reporting requirements regarding pesticide use, except that the recordkeeping and reporting requirements for growers and certified private applicators who apply pesticides shall be equivalent to, but not more stringent than, the requirements prescribed under the federal insecticide, fungicide and rodenticide act (61 Stat. 163) and the food, agriculture, conservation and trade act of 1990 (P.L. 101-624; 104 Stat. 3359).

7. Prohibit pesticide use that is inconsistent with the pesticide label as required under the federal insecticide, fungicide and rodenticide act (61 Stat. 163).

8. Exempt from regulation under this article pesticide use that is regulated in chapter  20 of this title.

9. Issue licenses, permits and certificates for pesticide use, as appropriate, having terms of one or more years.

10. Charge and collect the following fees for each permit, license and certification under this article:

(a) Not more than twenty dollars per year for a grower permit.

(b) Not more than one hundred dollars per year for a seller permit.

(c) Not more than one hundred dollars per year for a custom applicator license.

(d) Not more than fifty dollars per year for a pilot license.

(e) Not more than fifty dollars per year for a pest control advisor license.

(f) Not more than twenty-five dollars per year for a piece of equipment used to apply pesticides by a custom applicator.

(g) Not more than fifty dollars per year for restricted use certification.

(h) Not more than the amount set by the director by rule for a license or certificate for pesticide use on golf courses.

11. Establish a nonexclusive list of acts and omissions that constitute serious, nonserious and de minimis violations of this article.

12. Establish a system of administrative penalties and fines for violations of this article and any rules adopted under this article.  Under this system:

(a) Violators shall be assessed a number of points for each violation, depending on such factors as:

(i) Potential and actual consequences of the violation on public and worker health and safety and the environment.

(ii) The wrongfulness of the conduct.

(iii) The degree of culpability of the violator.

(iv) The duration of the violation.

(v) Prior violations or citations.

(b) Penalties shall be assessed depending on the number of points accrued by the violator.
A.R.S. § 3-497 — Arizona Code / Title 3 / Chapter 3 / Article 4 / Section 497
3-497 Adopting new or revised standards; exception
Status: in_force

3-497. Adopting new or revised standards; exception

A. Ten or ten percent of the producers or shippers of a fruit or vegetable, whichever is less, may petition the associate director to adopt a standard.

B. Ten or ten percent, whichever is less, of the producers or shippers of a fruit or vegetable 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, the associate director, after notifying all other known producers and shippers of the fruit or vegetable, 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 3-491.
A.R.S. § 3-1232 — Arizona Code / Title 3 / Chapter 11 / Article 2 / Section 1232
3-1232 Arizona beef council; appointment; term
Status: in_force

3-1232. Arizona beef council; appointment; term

A. There shall be an Arizona beef council, which shall be composed of nine producers to be appointed by the governor. The council shall consist of three producers of range cattle, three cattle feeders and three dairymen.

B. Three members shall be appointed for terms ending June 30, 1972, three for terms ending June 30, 1973, and three for terms ending June 30, 1974. Upon the expiration of the term of a member, a successor shall be appointed by the governor for a term of three years. If a vacancy occurs, the governor shall appoint a person for the unexpired term.

C. The governor shall declare the office of any member of the council vacant when he finds that:

1. The member is no longer a producer.

2. The member is unable to perform his duties.

3. The member has become a resident of another state.

D. Members of the council shall serve without compensation but shall be entitled to reimbursement for subsistence and travel as provided by law for other state officers.
A.R.S. § 3-1376 — Arizona Code / Title 3 / Chapter 11 / Article 6 / Section 1376
3-1376 Hearing on claim; release or sale of seized livestock; appeals
Status: in_force

3-1376. Hearing on claim; release or sale of seized livestock; appeals

A. If any person appears at the time fixed for the hearing and claims all or part of the livestock, the claim shall be stated and the judge of the court or justice of the peace shall enter upon the minutes of the court the fact that the claim is made and the hearing shall proceed as in civil actions.

B. Livestock determined by the court to be owned by any person shall be released from seizure, upon payment to the department of the hauling charges and expense of feeding and caring for such livestock. Livestock not so adjudged, or the ownership of which is doubtful, shall be forfeited to the state and ordered sold by the department at public auction, upon a fixed date after notice, as sales of personal property under execution.

C. An appeal from the judgment may be taken as in civil actions and shall be governed by the same rules that apply to appeals from justice courts or from the superior court, as the case may be.
A.R.S. § 3-611 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 611
3-611 Tuberculin testing of dairy herds; veterinarian's certificate; other diseases; exclusion of animals from herds
Status: in_force

3-611. Tuberculin testing of dairy herds; veterinarian's certificate; other diseases; exclusion of animals from herds

A. Except as otherwise provided by law, a tuberculin test of all dairy herds shall be made before milk therefrom is sold. Thereafter, testing shall be conducted and reactors disposed of as prescribed by chapter 12, article 3 of this title. A certificate signed by a licensed veterinarian and filed with the state veterinarian shall be evidence of the test required by this section.

B. A cow showing upon physical examination an extensive or entire induration of one or more quarters of the udder, whether or not secreting abnormal milk, shall be permanently excluded from the milking herd. A cow giving bloody, stringy or otherwise abnormal milk, but with only a slight induration of the udder, shall be excluded from the herd until re-examination shows the milk to have become normal.

C. The associate director, on the recommendation of the state veterinarian, may, for a disease not otherwise provided for, prescribe the tests and examinations to be used. He shall prescribe the times at which the tests shall be given and the methods to be used and shall provide for the disposition of animals reacting to the tests.
A.R.S. § 3-2057 — Arizona Code / Title 3 / Chapter 13 / Article 2 / Section 2057
3-2057 Transportation of meat
Status: in_force

3-2057. Transportation of meat

No person, firm or corporation shall, with respect to any cattle, sheep, swine, goats, horses, mules, or other equines, or any carcasses, parts of carcasses, meat or meat food products of any such animals:

1. Slaughter any such animals or prepare any such articles which are capable of use as human food at any establishment preparing any such articles for intrastate commerce, except in compliance with the requirements of this chapter.

2. Sell, transport, offer for sale or transportation, or receive for transportation in intrastate commerce any such articles which are capable of use as human food and are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation or receipt for transportation, or any articles required to be inspected under this title unless they have been so inspected and passed.

3. Do, with respect to any such articles which are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after such transportation, which is intended to cause or has the effect of causing such articles to be adulterated or misbranded.
A.R.S. § 3-237 — Arizona Code / Title 3 / Chapter 2 / Article 2 / Section 237
3-237 Label requirements; rules
Status: in_force

3-237. Label requirements; rules

The director shall adopt rules to specify labeling requirements for each container of agricultural, vegetable and ornamental plant seed sold, offered for sale, exposed for sale or transported in this state for sowing purposes.  The labeling requirements shall include:

1. Germination.

2. Purity.

3. Noxious weed content.

4. Precautionary statements the director considers to be necessary.

5. Labeler or packager information.

6. Seed origin.

7. Other issues the director considers to be necessary.
A.R.S. § 3-2161 — Arizona Code / Title 3 / Chapter 13 / Article 5 / Section 2161
3-2161 Rules
Status: in_force

3-2161. Rules

A. The director may by rule prescribe conditions under which poultry products capable of use as human food, shall be stored or otherwise handled by any person engaged in the business of buying, selling, freezing, storing or transporting, in or for intrastate commerce, such articles, whenever the director deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the consumer. Violation of any such rule is prohibited.

B. The director shall adopt such other rules as are necessary.

C. When opportunity is afforded for submission of comments by interested persons on proposed rules, it shall include opportunity for oral presentation of views.
A.R.S. § 3-235 — Arizona Code / Title 3 / Chapter 2 / Article 2 / Section 235
3-235 Seed dealer and labeler licenses; fee; exception
Status: in_force

3-235. Seed dealer and labeler licenses; fee; exception

A. An Arizona seed dealer or an out-of-state seed dealer who sells, distributes, processes or mixes for the use of others any agricultural, vegetable or ornamental plant seed, except vegetable and ornamental plant seed in packages of less than one pound, shall obtain a license from the division, authorizing the dealer to sell, distribute, process or mix such seed. A dealer is not entitled to have a license unless the dealer has an established plant, warehouse or place of business. A separate seed dealer license is required for each place of business in this state from which seed regulated by this article is sold.

B. A seed labeler who labels any agricultural, vegetable or ornamental plant seed for sale, distribution or processing shall obtain a seed labeler license from the division for each place of business at which seed regulated by this article is labeled.

C. An application for a license shall be accompanied by the fee prescribed by section 3-233. A license shall be renewed annually not later than July 1, and the application for renewal shall be accompanied by the fee prescribed by section 3-233.

D. This section does not apply to a farmer growing seed crops for sale to a seed dealer or labeler. The portion of crops received by an individual who harvests the producer's crop and receives part of the crop as payment for services rendered in the harvesting shall be exempt from this section.
A.R.S. § 3-208 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 208
3-208 Hearing on plant menace; evidence; quarantine zones; violation
Status: in_force

3-208. Hearing on plant menace; evidence; quarantine zones; violation

A. Any interested party may be heard at the hearing, either in person or by attorney. The department shall preserve a written record of all evidence introduced at the hearing.

B. If the director finds that a menace exists, he may make and enforce rules and orders and establish quarantine zones or districts to eradicate, suppress or control the menace.

C. When the director finds the danger which caused the establishment of a prohibited zone is no longer present, he shall revoke the order establishing the zone, and may by order change or modify the order establishing a zone or applicable rules without notice or hearing, but no additional territory shall by subsequent order be added to or included within the boundaries of the zone except by notice and hearing as required for establishing the zone.

D. After the date on which the director enters the order establishing a zone, it shall be unlawful to plant, grow or cultivate, or have in, or to transport from or into the district any plant of the kind specified in the order except in accordance with the order or subsequent orders.
A.R.S. § 3-1262 — Arizona Code / Title 3 / Chapter 11 / Article 3 / Section 1262
3-1262 Recording brand and earmark; lease of brand for transient livestock
Status: in_force

3-1262. Recording brand and earmark; lease of brand for transient livestock

A. The division shall record all brands and earmarks adopted as provided in this article. Recording shall consist of depicting a facsimile of the brand adopted, and a diagram of the earmarks, together with an entry of the name, residence, telephone number and post office address of the person adopting the brand and earmarks, the date recorded, the place upon the livestock or other animals where the brand is proposed to be used, the kind of animals upon which the brand and earmark are proposed to be used, and a general designation and statement of the location of the range whereon such animals are permitted to range. Before the record is made, proof shall be submitted to the division that the applicant is entitled to use the brand or earmark. The applicant shall also make an affidavit that he does not know of and is not interested in any similar brand or earmark being run or used by another in adjoining states or the Republic of Mexico.

B. The division may lease to any applicant for a period of not to exceed one year any available brand for use on transient livestock. Brands leased for this purpose shall be placed only on the shoulder of the animal.

C. The division shall not issue any new face or jaw brands for cattle beginning from and after September 30, 1988, but may rerecord face or jaw brands issued on or before that date.
A.R.S. § 3-1304 — Arizona Code / Title 3 / Chapter 11 / Article 4 / Section 1304
3-1304 Branding or altering brand of animal of another; classification
Status: in_force

3-1304. Branding or altering brand of animal of another; classification

A person who brands or marks an animal with a brand other than the recorded brand of the owner, or who effaces, defaces, alters or obliterates any brand or mark upon any animal, with intent to convert the animal to his own use, is guilty of a class 4 felony and is liable to the owner of the animal for three times the value thereof.
A.R.S. § 3-490 — Arizona Code / Title 3 / Chapter 3 / Article 4 / Section 490
3-490 Unlawful possession; inspection; proof of ownership; seizure; exceptions
Status: in_force

3-490. Unlawful possession; inspection; proof of ownership; seizure; exceptions

A. If an inspector or peace officer has probable cause to believe that at least fifty pounds of fruit or vegetables that are regulated pursuant to this article are in unlawful possession, the inspector or peace officer shall request proof of ownership from the person in possession.

B. If an inspector has probable cause to believe that at least fifty pounds of any fruit or vegetables that are regulated pursuant to this article are in unlawful possession in a vehicle, the inspector may request a peace officer to stop the vehicle for inspection and request proof of ownership from the person in possession.

C. Except as provided in subsection D of this section, for the purposes of this section, proof of ownership includes all of the following:

1. The name, address and telephone number of the seller.

2. The name, address and telephone number of the buyer, or consignee if not sold.

3. The common or generic name and quantity of the fruit or vegetable.

4. The date of the transaction and the date the transportation began.

D. A bill of lading, a bill of sale, data obtainable by electronic transmission or a similar type of document is considered proof of ownership for the purposes of this section.

E. The buyer and seller shall retain a copy of the documents showing proof of ownership for sixty days after delivery.

F. An inspector or peace officer may seize and hold a fruit or vegetable if, after requesting or inspecting the offered proof of ownership, the inspector or peace officer reasonably believes that the person is in unlawful possession of a fruit or vegetable regulated under this article.

G. If an investigation reveals the lawful owner of the fruit or vegetable that has been seized pursuant to this section, the fruit or vegetable shall be released to the owner or the owner's agent. If a seized fruit or vegetable remains unclaimed after a reasonable period of time, the associate director may donate the fruit or vegetable to a nonprofit charitable organization. If the fruit or vegetable does not comply with the standards prescribed pursuant to this article, the associate director may destroy it.

H. This section does not apply to:

1. Fruit or vegetables that are transported from the farm where they are produced to a commercial packing plant in this state for processing or packing.

2. Fruit or vegetables that are transported and accompanied by a valid disposal order issued by an inspector to comply with this article or rules adopted pursuant to this article.
A.R.S. § 3-739 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 739
3-739 Violations; civil penalties; exception
Status: in_force

3-739. Violations; civil penalties; exception

A. A retailer, dealer, peddler, shipper, seller or purveyor of shell eggs or egg products, who has received a written notice of violation of this article from the department and who after receipt of the notice commits a subsequent violation of the same provision which was stated in the notice, shall be subject to a civil penalty as follows:

1. For the first subsequent violation, at least fifty but not more than two hundred fifty dollars.

2. For the second and all subsequent violations, at least one hundred but not more than five hundred dollars.

B. The department shall establish by rule criteria for determination of civil penalties imposed under this section. Any civil penalties collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

C. This section does not apply to the regulation of grade and weight standards pursuant to this article, or to tempering of shell eggs or egg products as required in food preparation.
A.R.S. § 3-2090 — Arizona Code / Title 3 / Chapter 13 / Article 3 / Section 2090
3-2090 Exemptions
Status: in_force

3-2090. Exemptions

A. Retailers selling meat or meat food products to the ultimate consumer shall be exempt from the provisions of section 3-2088. The department of health services shall regulate the sale of meat and meat food products on the retail level pursuant to section 36-136.

B. Slaughtering or processing establishments operating under the supervision of the United States department of agriculture shall be exempt from those portions of this chapter relating to plant and equipment inspections, ante-mortem and post-mortem inspections and disposal of carcasses, but slaughtering or processing establishments shall comply with the provisions of this chapter relating to licensing fees charged to such establishment as well as the requirements relating to brand inspection.

C. Nothing in this chapter shall be construed so as to prevent incorporated cities or towns from charging their customary license fees to slaughtering establishments, processors, wholesalers, jobbers or peddlers of meat and meat food products.
A.R.S. § 3-592 — Arizona Code / Title 3 / Chapter 3 / Article 9 / Section 592
3-592 Refund of fees
Status: in_force

3-592. Refund of fees

A producer may by the use of forms provided by the council, and on presentation of such proof as the council may require, have the fee refunded. A request for refund must be received in the office of the council within sixty days following the payment of the fee by the first buyer or the first purchaser.  The council shall direct the state treasurer, as trustee, to make refunds within thirty days of the request for refund if the fee sought to be refunded has been received. The council shall adopt such rules as are necessary to further ensure that the fees are refunded promptly.
A.R.S. § 3-276 — Arizona Code / Title 3 / Chapter 2 / Article 3 / Section 276
3-276 Deficiencies in guaranteed analysis; penalties payable to consumer
Status: in_force

3-276. Deficiencies in guaranteed analysis; penalties payable to consumer

A. If the analysis of any fertilizer material shows a deficiency in any constituent other than a primary plant nutrient of not more than the investigational allowance of the guaranteed total percentage of the constituent, the statement of the licensee, distributor or other person, as required by this article, is not false within the meaning of this article. When the deficiency exceeds the investigational allowance, the purchaser shall be entitled to a refund based on the percentage of the deficiency.

B. If the analysis of any commercial fertilizer shows a deficiency in the guaranteed analysis in any one primary plant nutrient, a penalty shall be assessed in accordance with the following provisions:

1. Total nitrogen:  A penalty of three times the value of the deficiency, if the deficiency exceeds the investigational allowances.

2. Available phosphate:  A penalty of three times the value of the deficiency, if the deficiency exceeds the investigational allowances.

3. Soluble potash:  A penalty of three times the value of the deficiency, if the deficiency exceeds the investigational allowances.

C. The director shall establish by rule investigational allowances for plant nutrients.

D. Nothing contained in this article shall prohibit any person from appealing according to law.

E. All penalties assessed under this section shall be paid to the consumer of the lot of fertilizer material represented by the sample analyzed within three months after the date of notice from the department to the licensee or other responsible person and receipts taken therefor and promptly forwarded to the department. If the consumer cannot be found, the amount of the penalty shall be paid to the department. The director shall deposit, pursuant to sections 35-146 and 35-147, the penalty receipts in the state general fund.
A.R.S. § 3-427 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 427
3-427 Application of marketing order provisions to marketing agreements
Status: in_force

3-427. Application of marketing order provisions to marketing agreements

A. The voting requirements and termination provisions prescribed for marketing orders by this article do not apply to marketing agreements.

B. Sections 3-417, 3-418, subsections A and B and 3-419 apply to marketing agreements only if an assessment is made under the agreement.

C. Sections 3-420 and 3-421 apply to marketing agreements.
A.R.S. § 3-355 — Arizona Code / Title 3 / Chapter 2 / Article 5 / Section 355
3-355 Enforcement procedures
Status: in_force

3-355. Enforcement procedures

A.  The results of official analyses of any pesticide which has been found to be subject to penalty or other legal action shall be forwarded by the department to the registrant or other responsible person and to the purchaser forthwith. Upon request within thirty days of issuance of the analytical report, the department shall furnish to the registrant or other responsible person a portion of any sample found subject to penalty or other legal action. If it appears from such examination that a pesticide or device fails to comply with the provisions of this article, and the director contemplates instituting criminal proceedings against any person, the director shall cause appropriate notice to be given to such person. Persons so notified shall be given an opportunity to present their views, either orally or in writing, with regard to the contemplated proceedings. If thereafter in the opinion of the director it appears that the provisions of the article have been violated by such person, the director shall refer a copy of the results of the analysis or the examination of such article to the department counsel.

B. Nothing in this article shall be construed as requiring the director to report for prosecution or for the institution of condemnation proceedings minor violations of this article when the director believes that the public interests will be best served by a suitable notice of warning in writing.

C. The director shall, by publication, give notice of all judgments entered in actions instituted under the authority of this article.
A.R.S. § 3-620 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 620
3-620 Bacterial count; method; inspection of equipment
Status: in_force

3-620. Bacterial count; method; inspection of equipment

A. A place of business making the bacterial count a factor in the determination of the basis for payment or settlement for milk or cream, or a cooperative creamery, milk receiving or manufacturing plant allotting proceeds on that basis, shall use the method and equipment prescribed by the American public health association, "standard methods for the examination of dairy products," current edition.

B. Where a bacterial count is used as the basis for payment or settlement for milk or cream, or where a bacterial count affects the classification of milk or cream as received from the producer or the acceptance or rejection thereof by the operator of a milk receiving or manufacturing plant, no person shall report or record a larger or smaller bacterial count than that obtained in the manner prescribed in American public health association, "standard methods for the examination of dairy products," current edition.

C. The associate director or his authorized representative may at any time, for the purpose of determining the accuracy thereof, inspect the equipment and assist in making a bacterial count of milk or cream received at a place of business making bacterial counts.
A.R.S. § 3-706 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 706
3-706 Grade tolerances
Status: in_force

3-706. Grade tolerances

The tolerance for eggs in a case, half-case, container or carton as determined by count shall conform to the specifications of the grades established by rules adopted by the director.
A.R.S. § 3-221 — Arizona Code / Title 3 / Chapter 2 / Article 1.1 / Section 221
3-221 Agreements for joint exercise of powers; review by attorney general; continuing obligation
Status: in_force

3-221. Agreements for joint exercise of powers; review by attorney general; continuing obligation

A. The director may enter into agreements with adjoining states for the joint exercise of power in the construction and operation of inspection stations or other necessary facilities within the boundaries of this state or the adjoining state and the director may contract for such construction by an adjoining state if such method is determined to be economically feasible.

B. Any such agreement made with an adjoining state shall be submitted to the attorney general who shall determine whether the agreement is in proper form and is within the powers and authority of the laws of this state.

C. No agreement made under the provisions of this article shall relieve the department of any obligation or responsibility imposed upon it by law or by the Constitution of Arizona.

D. The director may by administrative arrangement or by contract make agreements for the operation of the inspection station which are not precluded by law or the constitution.
A.R.S. § 3-527.04 — Arizona Code / Title 3 / Chapter 3 / Article 4.3 / Section 527.04
3-527.04 Indemnification of council members
Status: in_force

3-527.04. Indemnification of council members

Each member of the council is indemnified by the council against reasonable costs and expenses, including attorney fees, incurred by him in connection with any action, suit or proceedings to which he may be a party by reason of his being or having been a member of the council, except in relation to matters as to which he is adjudged in such action, suit or proceeding to have been acting in bad faith as a council member. The right of indemnification is in addition to other rights to which such member is entitled as a matter of law.
A.R.S. § 3-3101 — Arizona Code / Title 3 / Chapter 17 / Article 1 / Section 3101
3-3101 Definitions
Status: in_force

3-3101. Definitions

In this article, unless the context otherwise requires:

1. "Assistant director" means the assistant director of the office of agricultural safety in the Arizona department of agriculture.

2. "De minimis violation" means a condition or practice which, although undesirable, has no direct or immediate relationship to safety or health.

3. "Employee" means any person performing agricultural services for an employer.

4. "Employer" means any individual or type of organization, including this state and its political subdivisions, which has in its employ one or more individuals performing agricultural services for it in employment, including self-employed persons.

5. "Interested party" means the office and its agents, the employer and the affected employees of the employer.

6. "Nonserious violation" means a condition or practice in a place of employment which does not constitute a serious violation but which violates a standard or rule and has a direct or immediate relationship to safety or health, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the condition or practice.

7. "Office" means the office of agricultural safety in the Arizona department of agriculture.

8. "Recognized hazard" means an unsafe or unhealthful condition or practice recognized as such with respect to the standard of knowledge in the industry.

9. "Rule" means a written rule of agricultural safety and health governing places of agricultural employment which is adopted pursuant to section 3-3106 or 3-3108, exclusive of standards.

10. "Serious violation" means a condition or practice in a place of agricultural employment which violates a standard or rule or section 3-3104, subsection A and produces a substantial probability that death or serious physical harm could result, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of such condition or practice.

11. "Standard" means any agricultural safety and health standard which has been adopted and promulgated by a nationally recognized standards-producing organization or the federal government and has the same meaning as and includes the term "code".

12. "Trainer" means a person who is certified by the department pursuant to section 3-3125 for training individuals in agricultural health and safety standards.

13. "Workplace" means a location or site where temporary or permanent work is conducted in connection with agriculture.
A.R.S. § 3-1207 — Arizona Code / Title 3 / Chapter 11 / Article 1 / Section 1207
3-1207 Cooperation with the United States; limitations
Status: in_force

3-1207. Cooperation with the United States; limitations

A. In addition to other powers and duties conferred by law, the director may cooperate with the animal and plant health inspection service of the United States department of agriculture, or other agency of the United States vested with similar powers and duties, in:

1. The control of contagious or infectious diseases of animals, and contagious or infectious diseases of poultry.

2. The national animal identification system.

B. Inspectors of the animal and plant health inspection service may exercise all rights and authority granted to livestock officers, but they do not have enforcement powers granted to livestock officers.

C. Premises registration data, animal identification data and animal tracking data collected by the director from voluntary participants pursuant to the national animal identification system are not subject to disclosure pursuant to title 39.

D. The director may not submit to the federal government any premises registration data, animal identification data, animal tracking data, producer information or other information relating to animal identification unless the submission is either:

1. Required by state law.

2. Authorized by a voluntary participant in the national animal identification system.
A.R.S. § 3-733 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 733
3-733 Unlawful acts and conduct
Status: in_force

3-733. Unlawful acts and conduct

The following acts or conduct are unlawful:

1. Failure to comply with a lawful order of the department, or of a court, in a proceeding under the provisions of this article.

2. Refusal to submit eggs or egg products or a case, carton, container, subcontainer, lot, load or display of eggs to inspection or to refuse to stop, at the request of an authorized representative of the department, any vehicle transporting eggs or egg products.

3. Failure to appear in court at the time and place designated in a written promise given after arrest in accordance with the provisions of this article, regardless of the disposition of the offense originally charged.

4. Making a statement, representation or assertion in writing, or by any other manner or means whatever, concerning the grade, size, weight, condition of or any other matter relating to advertising and selling eggs and egg products which is false, deceptive or misleading in any particular.

5. Furnishing an invoice, statement or bill showing the size, grade, representation of freshness or any other description of eggs or egg products which is false, deceptive or misleading in any particular.
A.R.S. § 3-1305 — Arizona Code / Title 3 / Chapter 11 / Article 4 / Section 1305
3-1305 Obliterating or changing brand or mark; classification
Status: in_force

3-1305. Obliterating or changing brand or mark; classification

A person who intentionally obliterates, disfigures, extends or changes a recorded brand, or by other and additional marks, figures or characters converts a recorded brand into some other brand, is guilty of a class 4 felony.
A.R.S. § 3-2009 — Arizona Code / Title 3 / Chapter 13 / Article 1 / Section 2009
3-2009 Transfer of license without fee
Status: in_force

3-2009. Transfer of license without fee

If a person who is a licensee under this article sells or otherwise disposes of the person's slaughtering business, together with the goodwill thereof, and the purchaser or transferee continues the business at the same location, substantially in the same manner and under the same business name as it was conducted by the seller, the license of the original licensee may be transferred to the new owner without payment of a license fee if the new owner submits to the division an affidavit stating, under penalty of perjury, that the new owner will comply with the law and will not slaughter animals or sell, exchange or expose meat for sale except according to law and the rules of the director.
A.R.S. § 3-1009 — Arizona Code / Title 3 / Chapter 8 / Article 1 / Section 1009
3-1009 Power to secure bonds
Status: in_force

3-1009. Power to secure bonds

The Arizona exposition and state fair board, in connection with the issuance of bonds and in order to secure the payment of the bonds and the interest thereon, shall have power by resolution:

1. To fix and maintain fees, rentals and other charges of stalls, pens, stables and rental of other buildings as may be on the fair grounds; provided, however, that no fee shall be charged for exhibits during the state fair of agricultural, dairy, horticultural, culinary, apiary and handwork products of exhibitors at the state fair, unless the same be for sale.

2. To provide that the bonds issued hereunder may be secured by a first, exclusive and closed lien on the income and revenues derived from, and shall be payable from, fees, rentals and other charges as set out in the preceding paragraph.

3. To covenant with or for the benefit of the holder or holders of bonds issued hereunder, that so long as any of the bonds remain outstanding and unpaid, the Arizona exposition and state fair board will prescribe service charges, fees and rentals, and will revise the same when necessary so that the project for which the bonds are issued shall always remain self-supporting, with revenues sufficient:

(a) To pay when due all bonds and interest thereon.

(b) To provide for all expenses of operation, maintenance, expansion and replacement of facilities.

(c) To provide reasonable reserves for such purposes.
A.R.S. § 3-443 — Arizona Code / Title 3 / Chapter 3 / Article 2 / Section 443
3-443 Associate director; inspectors
Status: in_force

3-443. Associate director; inspectors

A. This article and the rules adopted pursuant to this article shall be enforced by the associate director.  In addition to the powers conferred by this article, the associate director shall have the powers provided by articles 4, 4.1 and 4.3 of this chapter.

B. The associate director shall instruct the inspectors with regard to the inspection of citrus fruit and the method of determining the maturity and condition of the citrus fruit, as provided by rules adopted pursuant to this article.

C. Citrus, fruit and vegetable standardization and the office of commodities development and promotion shall cooperate in establishing and administering marketing orders and marketing agreements.
A.R.S. § 3-317 — Arizona Code / Title 3 / Chapter 2 / Article 4.1 / Section 317
3-317 Corrective actions; hearing
Status: in_force

3-317. Corrective actions; hearing

A. The director shall adopt rules to address, correct and remediate violations of this article and rules or orders adopted pursuant to this article.

B. The director may:

1. Issue and enforce a written cease and desist order against a grower, harvester, transporter or processor of any industrial hemp that the director finds is in violation of this article.  The order shall prohibit the further sale, processing or transportation of the industrial hemp except on approval of the director.

2. Issue a stop sale order.

3. Seize and destroy any crop, harvested crop or hemp seed that does not comply with this article or any rule or order adopted pursuant to this article.

4. Take any other action to enforce this article and the rules and orders adopted pursuant to this article.

C. A person who violates this article or any rule or order adopted pursuant to this article may request a hearing before an administrative law judge pursuant to title 41, chapter 6, article 10.  The decision of the administrative law judge is subject to review by the director as provided by title 41, chapter 6, article 10.  A request pursuant to this subsection does not stay a cease and desist order issued pursuant to this section.
A.R.S. § 3-1350 — Arizona Code / Title 3 / Chapter 11 / Article 5 / Section 1350
3-1350 Registry of equine rescue facilities; fees
Status: in_force

3-1350. Registry of equine rescue facilities; fees

A. The department shall establish and maintain a registry of equine rescue facilities and a public list of registered equine rescue facilities at department offices and on the department's official website.

B. To be registered under this section an equine rescue facility must:

1. Be incorporated as a nonprofit corporation in this state.

2. Meet minimum standards prescribed by the department for:

(a) The physical condition of the facility.

(b) Equine care and treatment at the facility.

C. The term of registration is one year from the initial date of registration, renewable annually.

D. For initial registration or annual renewal of registration, a person representing the facility must file with the department:

1. A letter from a licensed veterinarian, dated within fifteen days of filing, certifying that the facility meets the standards prescribed by the department for the physical condition of the facility and for the care of equines at the facility.

2. Documents demonstrating the facility's current status as a nonprofit corporation in good standing in this state.

E. The registry shall include the documents filed for registration or renewal of registration under subsection D of this section or a link to the facility's website where the documents are displayed.

F. The director may:

1. Assess and collect fees for registering and renewing the registration of equine rescue facilities under this section. Revenues from the fees shall be deposited in the livestock custody trust fund established by section 3-1377.

2. Adopt rules to implement this section.
A.R.S. § 3-630 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 630
3-630 Adulterated products prohibited; exception; containers for poultry or stock feed; labeling
Status: in_force

3-630. Adulterated products prohibited; exception; containers for poultry or stock feed; labeling

A. A person shall not produce, provide, sell, offer or expose for sale or have in his possession with intent to sell real or trade products which are adulterated or misbranded.  The department shall be notified immediately:

1. If real or trade products are found to be adulterated.

2. Before moving or disposing of any adulterated real or trade products.

B. If the director has cause to believe that any real or trade products are adulterated or misbranded and the adulteration or misbranding is dangerous or fraudulent, the director shall:

1. Detain or embargo the product.

2. Affix a tag or other appropriate marking to the product or its container that:

(a) Gives notice that the product is, or is suspected to be, adulterated or misbranded and has been detained or embargoed.

(b) Warns that it is unlawful for a person to remove or dispose of any detained or embargoed real or trade product by sale or otherwise without permission of the director or the court.

C. If the director finds that the detained or embargoed real or trade product is not adulterated or misbranded, the director shall remove or cancel the tag or other marking.

D. If the director finds that the detained or embargoed real or trade product is adulterated or misbranded, the director, with the assistance of the attorney general or county attorney, shall petition the superior court in the county in which the real or trade product is detained or embargoed for an order condemning the product. The petition shall be served in the manner required by the rules of civil procedure.

E. If the court finds that the detained or embargoed real or trade product is adulterated or misbranded and the adulteration or misbranding cannot be corrected by proper processing or labeling, it shall order the product to be destroyed at the expense of the person whom the court finds violated subsection A, who shall also pay all court costs and fees and storage and other proper expenses.

F. If the court finds that the detained or embargoed real or trade product is adulterated or misbranded and the adulteration or misbranding can be corrected by proper processing or labeling, it shall order the product to be returned to the person whom it finds violated subsection A for corrective processing or labeling under the supervision of the director. Before the adulterated or misbranded product is returned, the person whom the court finds violated subsection A shall pay all court costs and fees and storage and other expenses and execute a sufficient bond. The court shall release the product from the supervision of the director and return the bond on notification by the director that the product no longer violates this chapter.

G. If the director finds a perishable real or trade product that is unsound or contains any filthy, decomposed or putrid substance, or which may be poisonous or present an imminent health danger, the director shall promptly seize it and, unless he receives a written protest to his action within five days, destroy it. If the director receives such a written protest, he may petition the court as provided in subsection D for an order condemning the product. The court shall give preference to an action brought under this subsection and shall conduct a hearing as soon as practicable but in no event more than ten days from the time the petition is filed with the court.
A.R.S. § 3-468 — Arizona Code / Title 3 / Chapter 3 / Article 2.1 / Section 468
3-468 Definitions
Status: in_force

3-468. Definitions

In this article, unless the context otherwise requires:

1. "Citrus" means varieties of the genus citrus that are commercially produced in this state for the fresh market or for juice production but does not include commercially produced by-products or products manufactured for resale.

2. "Council" means the Arizona citrus research council.

3. "Grower-shipper" means a person who is engaged in this state in the business of packing, shipping, transporting or selling citrus of which the person is a grower, producer or owner.

4. "Handler" means a person who engages in marketing citrus on behalf of a grower, whether as a grower-shipper, owner, agent, employee, broker, dealer, consignor or commission merchant or otherwise.

5. "Producer" means a person who is engaged in this state in the business of commercially producing or causing citrus to be commercially produced.
A.R.S. § 3-910 — Arizona Code / Title 3 / Chapter 7 / Article 1 / Section 910
3-910 Compiling information; reports; native plant surveys; investigations; technical advisory board
Status: in_force

3-910. Compiling information; reports; native plant surveys; investigations; technical advisory board

A. At the request of any person, including a state or federal agency, and if the person provides the department with a suitable description of the land in question, the director may enter into agreements with any such person to conduct native plant surveys on the applicable private or state land. Unless the survey is limited to the simple determination of whether or not protected species exist on the land, the department may collect fees as reimbursement for the services which are reasonably based on the time factor, vegetation density and acreage.  Notwithstanding section 35-148, subsection A, the director shall deposit any monies received under this subsection in the fund established by section 3-913.

B. The director by rule may require written reports from persons engaged in salvaging or harvesting protected native plants as to the location and quantities of protected native plants and their parts which have been salvaged or harvested under this chapter.  The director by rule may make the filing of these reports a condition to the issuance or renewal of any permits, tags, seals or receipts provided for in this chapter.

C. The department may conduct investigations of the status of all species of native plants in order to develop information relative to population distribution, habitat needs, limiting factors and other biological data and to determine measures and requirements, including transplantation and propagation, necessary for their conservation or survival. If protected native plants or significant communities of such plants are vulnerable to depletion from their collection or harvest as a commercial resource, the department may collect statistical information and conduct investigations to determine what harvests are sustainable without depleting the plants or plant communities or destroying significant habitat provided by such plants or plant communities.

D. The director may appoint, utilize and contract with a technical advisory board, serving without compensation, to annually review the number of permits and tags issued in order to assess whether plant species, communities or populations are being depleted and recommend revisions to the protected plant categories.  The board shall consist of representatives of the scientific community, including the botanical and zoological fields, and representatives from the native plant industries, including salvage, revegetation, propagation, landscaping and harvesting concerns.
A.R.S. § 3-734 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 734
3-734 Prosecutions by attorney general or county attorneys
Status: in_force

3-734. Prosecutions by attorney general or county attorneys

The attorney general or county attorney, upon request, shall advise the director or authorized agents thereof in the performance of its duties, and shall institute and prosecute actions arising under this article.
A.R.S. § 3-1238 — Arizona Code / Title 3 / Chapter 11 / Article 2 / Section 1238
3-1238 Exemptions
Status: in_force

3-1238. Exemptions

The provisions of this article do not apply to:

1. A person whose only share in the proceeds of a sale of cattle or beef is a sales commission, handling fee or other service fee.

2. A person to whom all of the following apply:

(a) The person acquired ownership of cattle to facilitate the transfer of ownership of the cattle from the seller to a third party.

(b) The person resold the cattle no later than ten days from the date on which he acquired ownership.

(c) The person certified to the council, in the manner prescribed by the council, that the requirements of this paragraph are satisfied.
A.R.S. § 3-2082 — Arizona Code / Title 3 / Chapter 13 / Article 3 / Section 2082
3-2082 Brand inspection of hides; violation; classification
Status: in_force

3-2082. Brand inspection of hides; violation; classification

A. The meat of livestock shall not be possessed, sold, offered for sale, given or exchanged unless the whole hide of the animal has been inspected for marks and brands and the meat thereof stamped as provided in this section, unless such hide inspection and meat stamping is waived by the director.

B. The hide of the animal shall be inspected for brands and marks and the hide marked as provided by the associate director so that it may be identified. The meat of the carcass shall be stamped "brand inspected" upon the hind quarter, side, shoulder, neck and shank of both sides of the carcass with a stamp adopted and furnished by the division.

C. This section shall not apply to producers who slaughter livestock for the purpose of using the meat as food for themselves or their immediate family or employees, nor shall this section be construed to require that meat bearing a federal or state meat inspection stamp be stamped as provided in this section unless the possessor so desires.

D. A person who violates any provision of this section is guilty of a class 2 misdemeanor.
A.R.S. § 3-3621 — Arizona Code / Title 3 / Chapter 20 / Article 3 / Section 3621
3-3621 Disciplinary action; grounds; procedure
Status: in_force

3-3621. Disciplinary action; grounds; procedure

A. If the director finds that a person has violated this chapter, a rule adopted pursuant to this chapter or a written order of the director, the director may issue a notice of violation and a cease and desist order to the person and, after an opportunity for a hearing, take any of the following disciplinary actions, in combination or alternatively:

1. Revoke a license or registration.

2. Suspend a license or registration.

3. Refuse to renew a license or registration.

4. Impose probation requirements that require a person to comply with one or more specific provisions of this chapter or rules adopted pursuant to this chapter and that require reporting by or monitoring of the person.

5. Impose a civil penalty in an amount of not more than one thousand dollars for each violation except for grounds prescribed in section  3-3624, subsection B, paragraphs 8 and 9.

6. Require a qualifying party to report to the director the qualifying party's role in the management of a business license.

7. Require an individual to take supplemental continuing education within a time period set by the director.

B. Instead of taking disciplinary action for a violation pursuant to subsection A of this section, the director may issue an administrative warning.

C. Except as provided in section 41-1092.11, the director may take disciplinary action against a business licensee pursuant to subsection A of this section only if any of the following applies:

1. The business licensee has committed a prior violation of the same type, including any violation by any applicator of the business licensee.

2. The business licensee failed to follow a written order of the director directing it to correct a deficiency or problem within the time specified.

3. The business licensee has knowingly assumed operations for a business licensee whose license has been revoked and during the first three years after revocation allows the former licensee to play an active role in company policy, decisions, sales or supervision of applicators.

4. The business licensee is convicted of a felony.

5. The business licensee is determined by the director to have committed a violation in connection with a pretreatment, new-construction treatment or final grade treatment.

6. The business licensee uses applicators to provide pest management services that are not registered pursuant to the requirements established under section  3-3603, subsection B, paragraph 19.

7. The business licensee fails to provide written notice immediately following a pest management treatment in or around residential structures of four or fewer units to the person requesting the treatment or to the person's designated agent.  The notice shall include the specific pesticide by trade name used in the treatment.

8. The business licensee performing pest management treatments on an ongoing basis to locations other than residential structures of four or fewer units fails to provide written notice to the person who requested the treatments or the person's designated agent.  Notice shall be given before the first application of the pesticide and when new or additional pesticides are used or immediately after each treatment.

9. If the treatments are performed in the interior of residential units, the licensee fails to leave a notice in the interior of each treated unit immediately after each treatment. The notice shall include the pesticide by trade name and any other information as required by the pesticide label or local ordinance.

10. A statement of precaution does not accompany each notification of treatment required in paragraphs 7, 8 and 9 of this subsection. Each statement of precaution shall be printed conspicuously, in not less than eight-point type, and shall include the words:

Warning--pesticides can be harmful.  Keep children and pets away from pesticide applications until dry, dissipated or aerated. For more information contact [business license name and business license number] at [telephone number].

11. The business licensee fails within thirty calendar days after completion of a pretreatment, a new-construction treatment, a final grade treatment, an initial corrective treatment project or a wood-destroying insect inspection report to file with the division, in a form approved by the director, the termite action report form and prescribed fee.

12. The business licensee, within twelve months after completion of a termite pretreatment or new-construction treatment, fails either to file a supplemental termite action report in a form provided by the director that indicates the completion of the final grade treatment or to report in writing why the treatment has not been completed and when it will be completed.

13. The business licensee's applicator applies a pesticide that causes harm to the public, the environment or a nontarget animal.

14. The business licensee fails within thirty calendar days to pay civil penalties imposed under this chapter or rules adopted pursuant to this chapter.

15. The business licensee engages in the business of pest management while the business license is suspended.

D. The director shall commence an inquiry only within five years after the date of the alleged act or omission.

E. The director may issue an advisory notice stating de minimis violations of statutes or rules that carry no penalty, unless the person subject to this chapter wilfully and repeatedly violates the statute or rule. For wilful and repeated violations, the director may take disciplinary action against the person for a violation.

F. The license of a person who does not renew the license and who has been advised in writing that an investigation or complaint is pending at the time the license is due to expire or terminate does not expire or terminate until the investigation or complaint is resolved.  The license is suspended on the date it would otherwise expire or terminate until the person renews the license or the investigation or complaint is resolved.

G. The director may summarily suspend a person's license while there is a pending criminal charge against the person for a felony or a misdemeanor involving moral turpitude.
A.R.S. § 3-485 — Arizona Code / Title 3 / Chapter 3 / Article 4 / Section 485
3-485 Relationship of standardization and marketing order programs
Status: in_force

3-485. Relationship of standardization and marketing order programs

A. Citrus, fruit and vegetable standardization and the office of commodities development and promotion shall cooperate in establishing and administering marketing orders and marketing agreements.

B. The associate director may perform inspections and collect assessments and other monies on behalf of a marketing commission or marketing committee authorized under section 3-414. Any monies collected shall be disbursed through the commission or committee.
A.R.S. § 3-1211 — Arizona Code / Title 3 / Chapter 11 / Article 1 / Section 1211
3-1211 State veterinarian; qualifications
Status: in_force

3-1211. State veterinarian; qualifications

A. The associate director, with the approval of the director and after consulting with the division council, shall employ a state veterinarian pursuant to title 41, chapter 4, article 4.

B. The person employed shall be a skilled veterinarian who is a graduate of a recognized school of veterinary medicine and licensed to practice veterinary medicine in this state.
A.R.S. § 3-523 — Arizona Code / Title 3 / Chapter 3 / Article 4 / Section 523
3-523 Venue of criminal actions
Status: in_force

3-523. Venue of criminal actions

Criminal actions arising under this article may be commenced and prosecuted in the county in which the act or violation occurs.
A.R.S. § 3-1348 — Arizona Code / Title 3 / Chapter 11 / Article 5 / Section 1348
3-1348 Equine trader permit
Status: in_force

3-1348. Equine trader permit

A. The division shall issue an equine trader permit to an applicant who pays a fee of one hundred dollars and who complies with the requirements of this section.  The permit is valid for one year from the date of issuance and may be renewed on payment of an annual renewal fee of one hundred dollars and on compliance with the requirements of this section.

B. Applications for initial and renewal permits shall contain the following information:

1. The full name of the applicant.

2. The applicant's business and residence addresses.

3. The date and place of the applicant's birth.

4. Information concerning equine trading permits held in other states and their status.

5. Information concerning any felony convictions within seven years before the date of application, including any convictions subsequently set aside or resulting in restoration of civil rights.

6. Any other information which the division may require.

C. The director may adopt rules specifying additional information which may be reasonably required to be submitted on an application for an equine trader permit or renewal of a permit to allow the division to determine the fitness of the applicant to receive a permit or renewal of a permit.

D. The director may deny, refuse to renew, suspend or revoke an equine trader permit pursuant to title 41, chapter 6, article 10 for any of the following reasons:

1. A violation of any provision of this title or of any rule adopted pursuant to this title.

2. A violation of any provision of title 44, chapter 10, article 7.

3. The revocation or suspension for cause of an equine trader permit issued by the division or by any other state within five years before the date of application.

4. A conviction of a felony involving a crime related to the equine trade occupation within seven years before the date of application for an equine trader permit.

E.  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. § 3-1742 — Arizona Code / Title 3 / Chapter 12 / Article 3 / Section 1742
3-1742 Entry upon premises to inspect animals; condemnation of diseased animals
Status: in_force

3-1742. Entry upon premises to inspect animals; condemnation of diseased animals

A. The state veterinarian and inspectors may enter any place where an animal may be and take custody of the animal to examine it for contagious disease, including tuberculosis. Custody may be retained for the purpose of applying the tuberculin test to the animal.

B. If the animal reacts to the test, the inspecting officer may immediately condemn the animal and order it destroyed.
A.R.S. § 3-593 — Arizona Code / Title 3 / Chapter 3 / Article 9 / Section 593
3-593 Association of producers
Status: in_force

3-593. Association of producers

A. Any activity including meetings undertaken pursuant to this article and intended to benefit the producers, handlers or processors of grain is not intended to be illegal or in restraint of trade.

B. The council may, so as not to duplicate activities or services, work closely with the other private associations or public agencies which have expertise and interest in growing and marketing grain.
A.R.S. § 3-2901 — Arizona Code / Title 3 / Chapter 16 / Article 1 / Section 2901
3-2901 Definitions
Status: in_force

3-2901. Definitions

In this chapter, unless the context otherwise requires:

1. "Aquaculture" or "aquaculture facility" means the controlled propagation, growth and harvest of aquatic animals or plants, including fish, amphibians, shellfish, mollusks, crustaceans, algae and vascular plants.

2. "Aquatic animal or plant" means a cultured aquatic wildlife or plant propagated or maintained in an aquaculture facility for distribution or sale.

3. "Aquatic products" means aquatic animals and plants, or their by-products, that are produced, grown, managed, harvested or marketed.

4. "Aquatic wildlife" means amphibians, fish, mollusks, crustaceans and soft shelled turtles found in a state of nature.

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

6. "Container" means any restrictive enclosure used to contain aquatic products for handling, packing or shipping.

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

8. "Fee fishing" means removing aquatic animals by any harvesting method from a privately controlled body of water as authorized by a direct or indirect payment of a fee.

9. "Lot" means one or more consolidated containers identified as a single item or unit.

10. "Owner" means the person in possession of and legally entitled to dispose of aquatic products.

11. "Person" means an individual, partnership, corporation, group, company, society or association.

12. "Processor" means a person who receives and cleans, reshapes or containerizes live or dead aquatic animals or plants for distribution or resale.

13. "Propagate" means to breed or reproduce aquatic animals or plants or cause aquatic animals or plants to breed or reproduce.

14. "Supervisor" means the supervisor of aquaculture or the supervisor's authorized representative.

15. "Transporter" means a person that transports live aquatic animals or plants to persons who are licensed to resell, process or stock aquatic animals or plants.
A.R.S. § 3-239 — Arizona Code / Title 3 / Chapter 2 / Article 2 / Section 239
3-239 Seizure and disposition of noncomplying seed
Status: in_force

3-239. Seizure and disposition of noncomplying seed

A. Any lot of agricultural, vegetable or ornamental plant seed not in compliance with the provisions of this article is subject to seizure upon complaint of the director to a court of competent jurisdiction in the locality in which the seed is located.

B. If the court finds the seed is in violation of this article and orders condemnation of the seed, it shall be denatured, processed, destroyed, relabeled or otherwise disposed of in compliance with the laws of this state. Before the court orders such disposition of the seed, it shall first give the claimant an opportunity to apply to the court for release of the seed or permission to process or relabel it to bring it into compliance with this article.
A.R.S. § 3-411 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 411
3-411 Adoption of a marketing order
Status: in_force

3-411. Adoption of a marketing order

A. If an election is conducted by a referendum, the marketing order shall be adopted or substantially changed if either:

1. Forty per cent of persons by volume or by number entitled to vote cast ballots and at least sixty-five per cent by number and fifty-one per cent by volume assent to the proposal.

2. Forty per cent of persons by volume or by number entitled to vote cast ballots and at least fifty-one per cent by number and sixty-five per cent by volume assent to the proposal.

B. If an election is conducted by filing written assents, the marketing order shall be adopted or substantially changed if at least sixty-five per cent by number and fifty-one per cent by volume file a written assent to the proposed marketing order or at least fifty-one per cent by number and sixty-five per cent by volume file a written assent to the proposed marketing order.
A.R.S. § 3-1214 — Arizona Code / Title 3 / Chapter 11 / Article 1 / Section 1214
3-1214 National animal identification system voluntary participation
Status: in_force

3-1214. National animal identification system voluntary participation

The director, department or any other officer, agency or instrumentality of this state shall not mandate or force participation in the national animal identification system.
A.R.S. § 3-204 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 204
3-204 Summary abatement of imminently dangerous nuisance; procedure; expense; lien; public sale; reimbursement costs and penalties to state for certain abatements; civil penalty
Status: in_force

3-204. Summary abatement of imminently dangerous nuisance; procedure; expense; lien; public sale; reimbursement costs and penalties to state for certain abatements; civil penalty

A. If, in the opinion of the director, the danger to the agricultural and horticultural industry of the state is imminent if the nuisance caused by a plant or thing is not speedily abated or suppressed, and if the director finds it is practical to summarily abate the nuisance, either by the destruction of the plant or thing or by the treatment thereof so as to destroy or eradicate the crop pest or disease without actually destroying the plant or thing, the director shall in writing direct the owner or person in charge of the nuisance, if the owner or person is found in the county, forthwith and at the owner's or person's expense to abate and suppress the nuisance in the manner provided in the written direction.  If the owner or person in charge fails or neglects to comply with the direction for a period of five days after the date on which the direction was delivered to or served on the owner or person, the director shall summarily abate the nuisance in the manner specified in the written direction.

B. If the owner or person in charge or control of the nuisance is a nonresident of the state or cannot, after reasonable diligence by the director, be found within the county where the nuisance exists, the director shall publish the notice and the direction one time in a newspaper published in the county, and shall post a copy at, on or in the immediate vicinity of the nuisance, and after seven days from the first publication and posting, the director shall abate the nuisance in the manner specified in the direction.

C. If the nuisance is abated by the director, the expense shall be borne by the state, but, when the abatement does not involve the destruction of the plant or thing and it has some value after the crop pest or disease has been eradicated, the state shall have a first claim and lien thereon for the payment of expenses incurred in the abatement of the nuisance.

D. The director shall notify the owner or person in charge or control of the nuisance of the amount of the expenses, and that unless the amount is paid within ten days after the date of service of the notice on the owner or person in charge, the plant or thing will be sold at public sale, and the proceeds, or so much thereof as may be necessary, applied to the payment of the expenses. The notice shall be personally served or posted as required in this section for notices to abate.

E. If the owner or person in charge of the plant or thing fails to pay the expenses within the time specified in the notice, the director shall give public notice of the time and place of sale with a description of the plant or thing to be sold, and the amount of expenses against it, which shall include costs of publication, posting and service of notice. The notice of sale shall be published and posted as provided in this section for the publication and posting of direction to suppress the nuisance.

F. The owner or person in charge of a plant or thing constituting the nuisance may waive in writing the service of all directions and notices in connection with the abatement or sale thereof.

G. If the director is required to abate the nuisance of stub, soca or volunteer cotton following the refusal by the owner or person in charge or control of the nuisance to do so, the owner or person in charge or control of the nuisance shall reimburse the department for the actual costs of the state's abatement of the nuisance.  An injunction shall not be granted to stay this state from abating the nuisance.  The director may request the cotton research and protection council to provide monies pursuant to section 3-1085, subsection B to help defray the department's cost of abatement until the owner or person in charge reimburses the department for those costs. If the actual costs of abatement are not paid within ten days after the owner or person in charge receives notice of the amount of the costs, the director may impose a civil penalty of fifty per cent of the costs of abatement.  At the director's request, the attorney general shall file an action in superior court to recover civil penalties assessed pursuant to this subsection. All civil penalties collected under this subsection 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. § 3-2613 — Arizona Code / Title 3 / Chapter 15 / Article 1 / Section 2613
3-2613 Misbranding
Status: in_force

3-2613. Misbranding

No person shall distribute misbranded feed. A commercial feed or customer-formula feed shall be deemed misbranded:

1. If its labeling is false or misleading in any particular.

2. If it is distributed under the name of another feed.

3. If it is not labeled as required in section 3-2610 and in rules prescribed under this article.

4. If it purports to be or is represented as a feed ingredient, or if it purports to contain or is represented as containing a feed ingredient, unless such feed ingredient conforms to the definition of its identity, if any, prescribed by rule of the director. The director in adopting such rules shall give due regard to commonly accepted definitions such as those issued by the association of American feed control officials.

5. If any word, statement or other information required, by or under authority of this article, to appear on the label or labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs or devices in the labeling, and in such terms as to cause it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
A.R.S. § 3-624 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 624
3-624 Cheese; ingredients; pasteurized cheese; part-skim cheese; labeling; cottage cheese excepted
Status: in_force

3-624. Cheese; ingredients; pasteurized cheese; part-skim cheese; labeling; cottage cheese excepted

A. Cheese manufactured in the state for sale shall be made from pasteurized milk, skim milk, cream, goat milk or sheep milk conforming to the requirements prescribed by this article. All cheese sold shall be labeled to indicate the variety and grade of the cheese. Pasteurized cheese or pasteurized-blended cheese bearing a varietal name shall be made from cheese of the variety indicated and conforming to the requirements for fat and moisture prescribed for cheese of that variety. The standards of composition for pasteurized cheese, pasteurized-blended cheese, emulsified cheese and process cheese shall be fixed by the associate director and shall conform to those prescribed by the secretary of the United States department of agriculture. Cheese manufactured in the state shall be labeled at the factory with a manufacturer's factory number assigned annually by the associate director. If made outside the state, cheese shall bear a label stating the name and address of the manufacturer or distributor.

B. It is unlawful to expose for sale any part-skim cheese or skim cheese unless there is attached to the outside of every vessel, can, package or cheese exposed or sold a tag legibly bearing in black letters at least one inch in height the words "part-skim cheese No. 1," "part-skim cheese No. 2" or "skim cheese," as the case may be. All part-skim or skim cheddar or granular cheese shall be labeled to indicate the grade on its entire outer edge in a manner specified by the associate director. All other varieties of part-skim or skim cheese shall be labeled to indicate the grade in such manner as the associate director prescribes.

C. Nothing in this section shall be deemed to apply to cottage cheese. The addition of cream, milk or other fluids to uncreamed or creamed cottage cheese shall take place only in a milk distributing plant or a manufacturing milk plant licensed under this article.

D.  This section does not apply to any cheese commonly referred to as "hard cheese" that is manufactured from unpasteurized milk products and that is aged for a period of sixty days from the date of its moulding as evidenced by the date of moulding stamped on the cheese at the time of manufacturing.
A.R.S. § 3-584 — Arizona Code / Title 3 / Chapter 3 / Article 9 / Section 584
3-584 Powers and duties of the council
Status: in_force

3-584. Powers and duties of the council

A. The council shall:

1. Meet at least once during each calendar quarter and more frequently on the call of the chairman, vice-chairman or any three members of the council.

2. Annually elect a chairman from among its members.

3. Elect a secretary and a treasurer from among its members.

4. Establish an executive committee, consisting of the chairman, secretary and treasurer. The executive committee shall act pursuant to direction received from the full council, or if the situation arises, the executive committee shall act and then bring the subject and its action before the full council at the next regular meeting of the council for review and ratification.

5. Establish fees to be assessed within the limits prescribed in section 3-587 to be held in trust in, and subject to the terms and conditions prescribed for, the Arizona grain research trust fund established by section 3-590.

B. Programs and projects authorized under this article may include:

1. Cooperation in state, regional, national or international activities with public or private organizations or individuals to assist in developing and expanding markets and reducing the cost of marketing grain and grain products.

2. Participation in research projects and programs to assist in reducing fresh water consumption, developing new grain varieties, improved production and handling methods, research and design of new or improved harvesting and handling equipment.

3. Any program or project that the council determines appropriate to provide education, publicity or other assistance to facilitate further development of the Arizona grain industry.

C. The council may:

1. Adopt administrative rules necessary to promptly and effectively administer this article.

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

3. Accept donations of monies, property, services or other assistance from public or private sources for the purpose of furthering the objectives of this article.  All donations of monies shall be held in trust in, and subject to the terms and conditions prescribed for, the Arizona grain research trust fund established by section 3-590.

4. Investigate and prosecute in the name of this state any action or suit to enforce the collection or ensure payment of the fees authorized and sue and be sued in the name of the council.

5. Make grants to research agencies for financing appropriate studies, research projects and programs to assist in reducing fresh water consumption, developing new grain varieties, improved production and handling methods and research and design of new or improved harvesting and handling equipment.
A.R.S. § 3-2164 — Arizona Code / Title 3 / Chapter 13 / Article 5 / Section 2164
3-2164 General provisions
Status: in_force

3-2164. General provisions

A. The director may refuse to provide or may withdraw inspection service with respect to any establishment if he determines, after an opportunity for a hearing, that such applicant or recipient is unfit to engage in any business requiring inspection because the applicant or recipient or anyone responsibly connected with the applicant or recipient has been convicted, in any federal or state court, within the previous ten years of any felony or more than one misdemeanor under any law based upon the acquiring, handling or distributing of adulterated, mislabeled or deceptively packaged food or fraud in connection with transactions in food, or any felony involving fraud, bribery, extortion or any other act or circumstances indicating a lack of the integrity needed for the conduct of operations affecting the public health. For the purpose of this subsection, a person shall be deemed to be responsibly connected with the business if he is a partner, officer, director, holder or owner of ten per cent or more of its voting stock or employee in a managerial or executive capacity.

B. Upon the withdrawal of inspection service from any official establishment for failure to destroy condemned poultry products as required under section 3-2153, or other failure of an official establishment to comply with the requirements as to premises, facilities or equipment, or the operation thereof, as provided in section 3-2154, or the refusal of inspection service to any applicant therefor because of failure to comply with any requirements under section 3-2154, the applicant for or recipient of the service shall upon request be afforded opportunity for a hearing within five days with respect to the merits or validity of such action, but such withdrawal or refusal shall continue in effect unless otherwise ordered by the director.

C. The determination and order of the director when made after an opportunity for a hearing, with respect to withdrawal or refusal of inspection service, shall be final and conclusive unless the affected applicant for or recipient of inspection service appeals pursuant to title 41, chapter 6, article 10.
A.R.S. § 3-201 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 201
3-201 Definitions
Status: in_force

3-201. Definitions

In this article, unless the context otherwise requires:

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

2. "Diseases" includes any fungus, bacterium, virus or other organism of any kind and any unknown cause that is or may be found to be injurious, or likely to be or to become injurious to any domesticated or cultivated plant, or to the product of any such plant.

3. "Division" means the plant services division of the Arizona department of agriculture.

4. "Noxious weed" means any species of plant that is, or is liable to be, detrimental or destructive and difficult to control or eradicate and shall include any species that the director, after investigation and hearing, shall determine to be a noxious weed.

5. "Nursery" means real property or other premises on or in which nursery stock is propagated, grown or cultivated or from which source nursery stock is offered for distribution or sale.

6. "Nursery stock" includes all trees, shrubs, vines, cacti, agaves, succulents, herbaceous plants whether annuals, biennials or perennials, bulbs, corms, rizomes, roots, decorative plant material, flowers, fruit pits or seeds, cuttings, buds, grafts, scions and other plants intended for sale, gift or propagation, either cultivated or collected in the wild, except seeds as regulated by article 2 of this chapter, fruit and vegetables regulated by chapter 3, articles 2 and 4 of this title and cotton plants.

7. "Pests" includes all noxious weeds, insects, diseases, mites, spiders, nematodes and other animal or plant organisms found injurious, or likely to be or to become injurious, to any domesticated, cultivated, native or wild plant, or to the product of any such plant.

8. "Plant" or "crop" includes every kind of vegetation, wild or domesticated, and any part thereof, as well as seed, fruit or other natural product of such vegetation.

9. "Shipment" includes anything that is brought into the state or that is transported within the state and that may be the host or may contain or carry or may be susceptible of containing, carrying or having present on, in or about it any plant pest or plant disease.
A.R.S. § 3-604 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 604
3-604 Dairy inspectors; duties; powers; local officers
Status: in_force

3-604. Dairy inspectors; duties; powers; local officers

A. Special dairy inspectors employed by the department shall supervise, inspect, weigh and test dairy products produced or manufactured for human consumption and shall perform other duties and possess other powers as may be prescribed by the associate director authorized by this article.

B. The director may assign personnel to perform the inspection-related activities prescribed by this chapter under the direction of the associate director.

C. In addition to inspectors employed or assigned under this section, the enforcing officers of a county health department, county environmental health department or public health services district under the charge and direction of a health officer or environmental health officer may be deemed special dairy inspectors in the city or county, and a milk supply inspected and approved by these inspectors shall be deemed to comply with the provisions of this article.
A.R.S. § 3-1088 — Arizona Code / Title 3 / Chapter 10 / Article 1 / Section 1088
3-1088 Failure to pay fee; penalty; hearing; violation; classification
Status: in_force

3-1088. Failure to pay fee; penalty; hearing; violation; classification

A. A producer required to pay fees pursuant to section 3-1086 who fails to pay the fee shall be assessed a penalty of ten per cent of the total fee. The producer may request a hearing before the council to dispute or determine the amount of a fee or penalty imposed.

B. The council shall hold a hearing if requested and no fee or penalty may be paid until the council, following the hearing, enters its order determining the amount of any fee or penalty. The producer shall pay the fee and the penalty assessed within ten days of notice of the council's decision.

C. A person who knowingly fails to pay or remit any monies due or collected as required in this article is guilty of a class 2 misdemeanor.
A.R.S. § 3-2049 — Arizona Code / Title 3 / Chapter 13 / Article 2 / Section 2049
3-2049 Inspection fees
Status: in_force

3-2049. Inspection fees

A. The cost of inspection shall be borne by this state, except as provided in section 3-2015 and except that the cost of overtime and holiday work performed in establishments subject to the provisions of this chapter, at such rates as the division may determine, shall be borne by such establishments. Sums received by the department in reimbursement for sums paid out by it for such premium pay work shall be available to carry out the purposes of this section.

B. Any slaughtering establishment or meat processor may request in writing a hearing to determine the reasonableness or unreasonableness of the inspection fees required. A hearing officer shall conduct these hearings.

C. Inspection of meat and meat by-products for animal food which require a certificate or seal may be performed after payment of a reasonable fee.

D. All monies collected by the department shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 3-590 — Arizona Code / Title 3 / Chapter 3 / Article 9 / Section 590
3-590 Arizona grain research trust fund
Status: in_force

3-590. Arizona grain research trust fund

A. The Arizona grain research trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. The council shall administer the trust fund as trustee. The trust fund consists of fees collected pursuant to this article.

B. The beneficiary of the trust is the agricultural program established by this article.  The trust fund shall be used exclusively for the purposes of this article on the order of the council.

C. The state treasurer shall accept, separately account for and hold in trust monies deposited in the state treasury, which are considered to be trust monies as defined by 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 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.

D. Monies in the trust fund are 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.

E. If the council is terminated, any monies remaining in the trust fund after terminating this article shall be expended to meet existing legal obligations of the council. The council shall expend any surplus remaining for market research or other lawful purposes under this article.
A.R.S. § 3-521 — Arizona Code / Title 3 / Chapter 3 / Article 4 / Section 521
3-521 Civil penalties; hearing
Status: in_force

3-521. 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 fruit or vegetables.

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 fruit or vegetables governed by this article to an inspection of a representative sample or refuses to stop and permit inspection of a representative sample of any commercial vehicle containing fruit and vegetables governed by 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 fruit or vegetable.

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

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

4. Sells a fruit or vegetable 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 before an administrative law judge pursuant to title 41, chapter 6, article 10. The decision of the administrative law judge is subject to review by the director as provided by 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. § 3-370 — Arizona Code / Title 3 / Chapter 2 / Article 6 / Section 370
3-370 Civil penalty; criminal violation; classification
Status: in_force

3-370. Civil penalty; criminal violation; classification

A. A person who, after a hearing, is found to have caused a nonserious violation of any provision of this article or any rule or order issued or adopted pursuant to this article is subject to probation or suspension, revocation, nonrenewal or denial of a permit, license or certification. Additionally, a person may be subject to a civil penalty of not to exceed five hundred dollars for each nonserious violation.

B. A person who, after a hearing, is found to have caused a serious violation of any provision of this article or any rule or order issued or adopted pursuant to this article is subject to probation or suspension, revocation, nonrenewal or denial of a permit, license or certification. Additionally, the person may be subject to a civil penalty of not more than ten thousand dollars for each serious violation.

C. In addition to civil penalties prescribed by this section, a person who knowingly commits:

1. A nonserious violation of this article is guilty of a class 1 misdemeanor.

2. A serious violation of this article is guilty of a class 6 felony.

D. Actions to recover penalties under subsection C shall be brought by the attorney general in the name of this state in the superior court in the county in which the violation occurred or in a county in which the department maintains an office.
A.R.S. § 3-2008 — Arizona Code / Title 3 / Chapter 13 / Article 1 / Section 2008
3-2008 Receiving uninspected hides for transportation; sale of uninspected hides; classification
Status: in_force

3-2008. Receiving uninspected hides for transportation; sale of uninspected hides; classification

A. It is unlawful for a person to receive for transportation hides of livestock until they have been brand inspected, and it is unlawful for any person to sell hides of livestock until they have been brand inspected, unless such brand inspection is waived by the director.

B. A person violating this section is guilty of a class 3 misdemeanor.
A.R.S. § 3-1202 — Arizona Code / Title 3 / Chapter 11 / Article 1 / Section 1202
3-1202 Division council; members
Status: in_force

3-1202. Division council; members

A. The animal services division council, established pursuant to section 3-105, shall be composed of members who are qualified electors. No more than three members from any one county may serve on the council at any time. The members shall represent the following categories:

1. The range cattle growing industry.

2. The cattle feeding industry.

3. Producing dairies.

4. The meat packing industry.

5. The sheep and goat industries.

6. The swine producing industry.

7. The equine industry.

8. The aquaculture industry.

9. The egg or poultry industry.

10. The hay or feed industry.

11. The ratite industry.

B. All members of the council shall be actively engaged in the type of business they represent. If a member acquires his representation through his affiliation with a corporation, such member shall be actively engaged in a management position and his primary source of income shall be derived from the corporation. Members shall be appointed by the director pursuant to section 3-105.
A.R.S. § 3-1427 — Arizona Code / Title 3 / Chapter 11 / Article 8 / Section 1427
3-1427 Recovery for damage to unfenced lands; exception
Status: in_force

3-1427. Recovery for damage to unfenced lands; exception

An owner or occupant of land is not entitled to recover for damage resulting from the trespass of animals unless the land is enclosed within a lawful fence, but this section shall not apply to owners or occupants of land in no-fence districts.
A.R.S. § 3-2165 — Arizona Code / Title 3 / Chapter 13 / Article 5 / Section 2165
3-2165 Detention of product
Status: in_force

3-2165. Detention of product

Whenever any poultry product, or any product exempted from the definition of a poultry product, or any dead, dying, disabled or diseased poultry 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 3-2166 or notification of any federal, state or other governmental authority having jurisdiction over such article or poultry, 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 poultry before it is released unless it appears to the satisfaction of the division that the article or poultry is eligible to retain such marks.
A.R.S. § 3-109.01 — Arizona Code / Title 3 / Chapter 1 / Article 1 / Section 109.01
3-109.01 Agricultural consulting and training program
Status: in_force

3-109.01. Agricultural consulting and training program

A. The director shall develop and implement an agricultural consulting and training program using on-site visits to establishments that are regulated under this title and title 5, chapter 1 to consult with and advise the establishment's owner, operator, lessee or independent contractor. The visits shall be:

1. Conducted only at the request of the owner, operator, lessee or independent contractor for consultation and advice on interpreting, applying or possible alternative methods of complying with statutes, rules, regulations or standards or other matters relating to compliance with either the requirements of this title and rules adopted pursuant to this title or the requirements of section 5-104 or 5-106 and rules adopted pursuant to those sections.

2. Limited to matters stated in the request.

B. After evaluating the request, if the director determines that an alternative means of providing consultation is more appropriate and equally effective, the director may provide the alternative means rather than the requested consultation.

C. The director shall make recommendations regarding solutions to matters within the scope of the consultation.

D. An on-site visit pursuant to this section is not an inspection or investigation for purposes of any provision of this title. No citation, violation or penalty may be issued, proposed or imposed resulting from or based on such a visit unless the visit discloses a violation causing imminent danger.
A.R.S. § 3-3614 — Arizona Code / Title 3 / Chapter 20 / Article 2 / Section 3614
3-3614 Applicator certification; categories; criminal records check requirement
Status: in_force

3-3614. Applicator certification; categories; criminal records check requirement

A. An application for applicator certification shall be in a form prescribed by the director and be accompanied by the prescribed fee.

B. An individual may apply for certification as an applicator or qualified applicator in any one or a combination of the following categories:

1. Industrial, institutional, structural and health-related pest management.

2. Wood-destroying organism management.

3. Ornamental and turf pest management.

4. Right-of-way pest management.

5. Aquatic pest management.

6. Fumigation.

7. Other categories or subcategories established by rule.

C. An individual who applies for certification as a new applicator or a new qualified applicator shall submit to the division a full set of fingerprints and fees as required by section 41-1750. The director shall submit the fingerprints and fees to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

D. An individual who applies for certification as a new applicator or a new qualified applicator may meet the requirement prescribed in subsection C of this section by submitting a current, unexpired fingerprint clearance card issued pursuant to section 41-1758.03 or a current, unexpired level I fingerprint clearance card issued pursuant to section 41-1758.07 to the department as part of the individual's application.
A.R.S. § 3-3498 — Arizona Code / Title 3 / Chapter 19 / Article 6 / Section 3498
3-3498 Inspections
Status: in_force

3-3498. Inspections

A. On request, an interstate pipeline terminal or a motor fuel storage or dispensing site shall provide a product transfer document to the division. Product transfer documents may be stored off site as provided by division rule.

B. On request, a motor fuel storage or dispensing site shall provide access to motor fuel dispensing cabinets to the division for inspection of fuel dispensing meters and blending valves.
A.R.S. § 3-1012 — Arizona Code / Title 3 / Chapter 8 / Article 1 / Section 1012
3-1012 Prior lien of bonds
Status: in_force

3-1012. Prior lien of bonds

A. Except as otherwise provided in the resolution authorizing the bonds, all bonds of the same issue under this article shall have a prior and paramount lien on the revenues of the Arizona coliseum and exposition center and its facilities for which the bonds have been issued over and ahead of bonds of an issue payable from that revenue which may be subsequently authorized, and over and ahead of claims or other obligations of any nature against that revenue subsequently arising or subsequently incurred.

B. Bonds of the same issue issued under this article shall be equally and ratably secured, without priority by reason of number, date, sale, execution or delivery, by a lien on the revenue in accordance with the terms of the resolution authorizing the bonds.
A.R.S. § 3-1403 — Arizona Code / Title 3 / Chapter 11 / Article 7 / Section 1403
3-1403 Report by livestock officer or inspector; preliminary disposition of proceeds of sale
Status: in_force

3-1403. Report by livestock officer or inspector; preliminary disposition of proceeds of sale

A. On making the sale as provided by section 3-1402, the livestock officer or inspector shall notify the division of the name of the purchaser, the time and place of sale, the amount for which the animal was sold and a description of the animal showing the marks and brands, if any, or other identifying marks and shall pay to the department the net proceeds realized at the sale.

B. The department shall place the amount realized from the sale of stray animals in the livestock custody trust fund established by section 3-1377.
A.R.S. § 3-526.05 — Arizona Code / Title 3 / Chapter 3 / Article 4.2 / Section 526.05
3-526.05 Failure to pay fee; penalty; hearing; violation; classification
Status: in_force

3-526.05. Failure to pay fee; penalty; hearing; violation; classification

A. A person who is required to pay fees pursuant to section 3-526.04 and who fails to pay the fee within the time required by the council shall be assessed a penalty of ten per cent of the amount of the total fee and two per cent interest per month on the unpaid balance. The penalty and interest shall be paid to the council. The person may request a hearing before the council to dispute or determine the amount of fee, penalty or interest imposed.

B. The council shall hold a hearing if requested. The council shall, following the hearing, enter its order determining the amount of any fee, penalty or interest. The person shall pay the fee, penalty and interest assessed within ten days of notice of the council's decision.

C. A person who knowingly fails to pay or remit any monies due or collected as required in this article is guilty of a class 2 misdemeanor.
A.R.S. § 3-3124 — Arizona Code / Title 3 / Chapter 17 / Article 1 / Section 3124
3-3124 Agricultural education and training program
Status: in_force

3-3124. Agricultural education and training program

A. The assistant director shall develop an agricultural safety education and training program utilizing visits to the workplace of employers to provide education and advice to employers. The visits:

1. May be conducted only on request by an employer for education and advice on the interpretation or applicability of standards, possible alternative ways of complying with applicable standards or other matters related to accident prevention, agricultural health or obligations pursuant to this article.

2. Shall be limited to matters specified in the request.

B. If, after evaluating the request, the assistant director determines an alternative means of providing education is more appropriate and equally effective, he may provide the alternative means rather than education at the workplace.

C. The assistant director shall make recommendations regarding solutions to matters within the scope of the workplace education.

D. A visit pursuant to this section shall not be regarded as an inspection or investigation pursuant to section 3-3110. No citation may be issued nor may any civil penalties be proposed on such a visit, except that nothing in this section affects in any manner any provision of this article the purpose of which is to eliminate imminent danger violations.
A.R.S. § 3-356 — Arizona Code / Title 3 / Chapter 2 / Article 5 / Section 356
3-356 Violations; criminal classification; injunctive relief
Status: in_force

3-356. Violations; criminal classification; injunctive relief

A. Any person violating any provision of this article is guilty of a class 3 misdemeanor. A registrant who violates any provision of this article after having been issued a warning pursuant to this article is guilty of a class 1 misdemeanor.

B. The director may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule adopted under this article notwithstanding the existence of other remedies at law.

C. If any person, with intent to defraud, uses or reveals information relative to formulas of products acquired under authority of section 3-351, the person is guilty of a class 1 misdemeanor.

D. Any monies collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 3-1265 — Arizona Code / Title 3 / Chapter 11 / Article 3 / Section 1265
3-1265 Failure to rerecord as abandonment
Status: in_force

3-1265. Failure to rerecord as abandonment

All recorded brands or earmarks for which no application to rerecord has been made within three years following the due date for rerecording shall be deemed abandoned and no longer of record.
A.R.S. § 3-2610 — Arizona Code / Title 3 / Chapter 15 / Article 1 / Section 2610
3-2610 Labeling
Status: in_force

3-2610. Labeling

A. A commercial feed, except a customer-formula feed, shall be accompanied by a label bearing the following information:

1. The net weight.

2. The product name and the brand name, if any, under which the commercial feed is distributed.

3. The guaranteed analysis, stated in such terms as the director by rule determines, is required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases the substances or elements must be determinable by laboratory methods such as the methods published by the association of official analytical chemists.

4. The common or usual name of each ingredient used in the manufacture of the commercial feed. The director by rule may permit the use of a collective term for a group of ingredients which perform a similar function or may exempt such commercial feeds, or any group of such feeds from this requirement of an ingredient statement if the director finds that such statement is not required in the interest of consumers.

5. The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed.

6. Adequate directions for use or precautionary statements for all commercial feeds containing drugs and for such other feeds as the director may require by rule as necessary for their safe and effective use.

B. A customer-formula feed shall be accompanied by a label, delivery slip or other shipping document bearing the following information:

1. Name and address of the manufacturer.

2. Name and address of the purchaser.

3. Date of delivery.

4. The product name and brand name, if any, and the net weight of shipment.

5. Adequate directions for use or precautionary statements for all customer-formula feeds containing drugs and for such other feeds as the director may require by rule as necessary for their safe and effective use.
A.R.S. § 3-1204 — Arizona Code / Title 3 / Chapter 11 / Article 1 / Section 1204
3-1204 Powers and duties relating to the sheep and goat industries
Status: in_force

3-1204. Powers and duties relating to the sheep and goat industries

A. The director or his authorized representative shall exercise general supervision over the sheep and goat industries of the state and shall do all things practicable to protect the industries from and to prevent disease among sheep and goats.

B. The director shall prepare and adopt necessary rules:

1. Governing the importation of sheep and goats into the state by carrier or trail to insure that the animals are free from infection.

2. For quarantine and dipping of sheep and goats infected with or which have been exposed to scab or scabies, or other infectious or contagious disease.

3. For the speedy and effective suppression and eradication of disease among sheep or goats.

4. To prevent spreading or contracting of infectious or contagious diseases among sheep and goats, including requirements for inspection of sheep or goats shipped or transported, or to be shipped or transported by common carrier, contract carrier, private carrier or in any other manner whatever, whether the shipping or transporting is in interstate or intrastate commerce, or both, and to require an owner, before moving sheep or goats in such manner, to furnish an inspection certificate in the form required by the director.

C. The director may establish as and declare to be an infected district any district wherein diseased or infected sheep or goats are found or have recently been grazed or driven. The director may order sheep or goats in the infected district or which are exposed to be moved, treated, disinfected or cured under quarantine regulations provided for by this title.
A.R.S. § 3-2128 — Arizona Code / Title 3 / Chapter 13 / Article 4 / Section 2128
3-2128 Sale of horsemeat not for human consumption in hermetically sealed container or frozen package
Status: in_force

3-2128. Sale of horsemeat not for human consumption in hermetically sealed container or frozen package

Horsemeat not offered for sale for human consumption which is cooked and packed in a hermetically sealed container or frozen in a properly labeled package and kept intact in the original container may be sold in retail establishments where other meats are sold for human consumption.
A.R.S. § 3-2042 — Arizona Code / Title 3 / Chapter 13 / Article 2 / Section 2042
3-2042 Inspection stamps and establishment numbers
Status: in_force

3-2042. Inspection stamps and establishment numbers

A. The division shall provide meat inspection stamps and assign establishment numbers to all slaughtering establishments which have been approved and granted state meat inspection service by the division, and the stamps shall contain the words "Arizona inspected and passed" or "Arizona inspected and condemned". The division shall also provide meat inspection stamps and assign establishment numbers to all meat processors which have been approved in accordance with the requirements as provided in section 3-2054, and the stamps shall also contain the words "Arizona inspected and passed" or "Arizona inspected and condemned". The inspection stamps shall be designed so as not to be in conflict with the inspection stamps of the United States department of agriculture.

B. Approved slaughtering establishments with state meat inspection service and establishment numbers, and meat processors with assigned establishment numbers, shall use the inspection stamps on their processed meats and meat food products offered for sale.

C. The meat inspection stamps shall at all times be under the immediate jurisdiction of the meat inspector.
A.R.S. § 3-311 — Arizona Code / Title 3 / Chapter 2 / Article 4.1 / Section 311
3-311 Definitions
Status: in_force

3-311. Definitions

In this article, unless the context otherwise requires:

1. "Agricultural pilot program" means the industrial hemp program that is designed to research the growth, cultivation and marketing of industrial hemp, hemp seeds and hemp products as authorized by this article and rules and orders adopted by the director pursuant to this article.

2. "Crop" means any industrial hemp that is grown under a single industrial hemp license issued by the department.

3. "Grower" means an individual, partnership, company or corporation that propagates industrial hemp under this article and rules and orders adopted by the director pursuant to this article.

4. "Harvester" means an individual, partnership, company or corporation that is licensed by the department to harvest industrial hemp for a licensed grower.

5. "Hemp products" means all products made from industrial hemp, including cloth, cordage, fiber, fuel, grain, paint, paper, construction materials, plastics and by-products derived from sterile hemp seed or hemp seed oil.  Hemp products excludes any product made to be ingested except food made from sterile hemp seed or hemp seed oil.

6. "Hemp seed" means any viable cannabis sativa L. seed that produces an industrial hemp plant that is subject to this article and rules and orders adopted by the director pursuant to this article.

7. "Industrial hemp" means the plant cannabis sativa L. and any part of such a plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths percent on a dry-weight basis.

8. "Industrial hemp site" means the location in which a grower, harvester, transporter or processor possesses a crop, a harvested crop or hemp seed.

9. "License" means the authorization that is granted by the department to propagate, harvest, transport or process industrial hemp in this state under this article and rules and orders adopted by the director pursuant to this article.

10. "Licensee" means a grower, harvester, transporter or processor with a valid license.

11. "Processor" means an individual, partnership, company or corporation that is licensed by the department to receive industrial hemp for processing into hemp products or hemp seed.

12. "Transporter" means an individual, partnership, company or corporation that is licensed by the department to transport industrial hemp for a licensed grower to a processor.
A.R.S. § 3-526.04 — Arizona Code / Title 3 / Chapter 3 / Article 4.2 / Section 526.04
3-526.04 Fees; collection; budget
Status: in_force

3-526.04. Fees; collection; budget

A. On or before July 1 of each calendar year, the council shall assess a fee of not more than one-half cent per carton of packed iceberg lettuce or bulk bins assessed according to forty-five pounds of equivalent weight of iceberg lettuce prepared for market or an equivalent basis.

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

C. Assessments shall be collected from the grower-shipper, shipper or handler first marketing the iceberg lettuce being assessed. The grower-shipper, shipper or handler is a trustee of the monies until they are paid to the council at the time and in the manner prescribed by the council. An iceberg lettuce producer is responsible for paying the fee unless the fee is withheld for payment by the grower-shipper, shipper or handler first marketing the iceberg lettuce.

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

E. Title 41, chapter 6 does not apply to setting and collecting the fee under this section, but the council shall provide thirty days' advance notice of the meeting at which any fee will be increased and the amount of the proposed fee.  The council shall receive public testimony at the meeting regarding the fee.
A.R.S. § 3-1010 — Arizona Code / Title 3 / Chapter 8 / Article 1 / Section 1010
3-1010 Provision of bond resolution; covenants
Status: in_force

3-1010. Provision of bond resolution; covenants

A. A resolution pertaining to issuance of bonds under this article may contain covenants as to:

1. The purpose to which the proceeds of sale of the bonds may be applied and to the use and disposition thereof.

2. The use and disposition of the revenues of the project for which the bonds are to be issued.

3. The issuance of other or additional bonds, payable from the revenue received from the operation of the coliseum and exposition center and its facilities.

4. The operation and maintenance of the coliseum and exposition center and its facilities.

5. The insurance to be carried thereon and the use and disposition of insurance monies.

6. Books of account and the inspection and audit thereof.

7. The terms and conditions upon which the holders of the bonds, or any proportion of them, or a trustee therefor, shall be entitled to the appointment of a receiver, who may enter and take possession of the coliseum and exposition center and its facilities, operate and maintain it, prescribe charges, fees and rentals and collect, receive and apply all revenues therefrom thereafter arising in the same manner as the Arizona exposition and state fair board itself might do, until such time as the terms and conditions of the bonds are satisfied, at which time the receiver shall return possession of the coliseum and exposition center and its facilities to the Arizona exposition and state fair board.

B. The provisions of this article and any such resolution shall be deemed a contract with the holders of the bonds, and the duties of the Arizona exposition and state fair board under this article and resolution shall be enforceable by mandamus or other appropriate action in a court of competent jurisdiction.
A.R.S. § 3-3104 — Arizona Code / Title 3 / Chapter 17 / Article 1 / Section 3104
3-3104 Duties of employer and employee
Status: in_force

3-3104. Duties of employer and employee

A. Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.

B. Each employer shall comply with agricultural safety and health standards and all rules and orders issued pursuant to this article.

C. Notwithstanding subsection A of this section, a condition or practice which is common in agriculture is not deemed a recognized hazard unless a standard or rule concerning the condition or practice has been developed pursuant to section 3-3106, 3-3108 or 3-3109.

D. Each employee shall comply with agricultural safety and health standards and all rules and orders issued pursuant to this article which apply to his own actions and conduct.
A.R.S. § 3-662 — Arizona Code / Title 3 / Chapter 4 / Article 3 / Section 662
3-662 Manufacture or sale not prohibited
Status: in_force

3-662. Manufacture or sale not prohibited

This article does not prohibit the manufacture or sale of:

1. Trade products complying with this chapter.

2. Proprietary foods containing milk or skim milk to which have been added any fat or oil other than milk fat if these foods are clearly labeled to show their composition and the fact that they are to be sold exclusively for use as directed by a physician or a registered nurse practitioner for the feeding of invalids and children.

3. Real products flavored with chocolate or cocoa, with the presence of cocoa fat in an amount not exceeding that which is naturally present in the chocolate or cocoa used.

4. Real products the vitamin content of which is increased with the presence of a food oil as a carrier of such vitamins, if the quantity of such food oil does not exceed one one-hundredth per cent of the weight of the finished real products.
A.R.S. § 3-465 — Arizona Code / Title 3 / Chapter 3 / Article 2 / Section 465
3-465 Venue of criminal actions
Status: in_force

3-465. Venue of criminal actions

Criminal actions arising under this article may be commenced and prosecuted in the county in which the act or violation occurs.
A.R.S. § 3-3473 — Arizona Code / Title 3 / Chapter 19 / Article 5 / Section 3473
3-3473 Violations; classification; jurisdiction
Status: in_force

3-3473. Violations; classification; jurisdiction

A. A person is guilty of a class 1 misdemeanor who:

1. Knowingly hinders, interferes with or obstructs in any way the associate director or any of the associate director's agents or inspectors in entering the premises where a commercial device may be kept for inspecting or testing or in the performance of the official duties of the associate director or the associate director's agent or inspector.

2. Impersonates in any way the associate director or any one of the associate director's agents or inspectors by the use of the associate director's seal or badge or a counterfeit of the associate director's seal or badge, or in any other manner.

3. Uses, or possesses for the purpose of using for any commercial purpose, sells, offers or exposes for sale or hire, or possesses for the purpose of selling or hiring an incorrect weight or measure or any device or instrument used or calculated to falsify any weight or measure.

4. Sells, or offers or exposes for sale, less than the quantity the person represents of any commodity, thing or service.

5. Takes more than the quantity the person represents of any commodity, thing or service, when, as buyer, the person furnishes the weight or measure by means of which the amount of the commodity, thing or service is determined.

B. A person is guilty of a class 2 misdemeanor who:

1. Uses, or possesses for the purpose of current use for any commercial purpose, a weight or measure that does not bear a seal or mark of approval based on inspection and test as provided in section 3-3414, subsection A, paragraph 11, unless the weight or measure has been exempted from testing by order of the division, or unless the device has been placed in service as provided in this chapter. Any person or persons making use of a commercial device that is subject to this chapter shall report to the associate director or the associate director's representatives, in writing, the number and location of the commercial device and shall promptly report the installation of any new commercial device.

2. Disposes of any rejected or condemned weight or measure in a manner contrary to law or rule.

3. Removes from any weight or measure, contrary to law or rule, any tag, seal or mark placed on the weight or measure by the appropriate authority pursuant to this chapter.

4. Keeps for the purpose of selling, advertising or offering or exposing for sale or sells any commodity, thing or service in a condition or manner contrary to law or rule.

5. Uses in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a weight or measure that is so positioned that its indications may not be accurately read and the weighing, metering, measuring or counting operation observed from some position that may reasonably be assumed by a customer.

6. Violates this chapter or rules adopted under this chapter. A continuing violation may be deemed to be a separate violation each day during which the violation is committed for the purpose of imposing a fine.

C. The provisions of this section are in addition to and not in limitation of any other provision of law.

D. The attorney general and the county attorney shall have concurrent jurisdiction to prosecute violations of this chapter.
A.R.S. § 3-1451 — Arizona Code / Title 3 / Chapter 11 / Article 9 / Section 1451
3-1451 Definitions
Status: in_force

3-1451. Definitions

In this article, unless the context otherwise requires:

1. "Beef cattle" means cattle or calves grown primarily for meat production.

2. "Feed lot" means either of the following:

(a) A beef cattle feed lot, or feed yard, having more than five hundred head of beef cattle at one time during the licensed year.

(b) Any other beef cattle feed lot whose operator elects to come under this article.

3. "Feed yard feeding" means the feeding of beef cattle in lots or pens which are not used normally for raising crops and in which no vegetation, intended for livestock feed, is growing.

4. "Operator" means the owner or the person having charge or control of a feed lot.

5. "Person" means an individual, a corporation, a group of individuals, joint venturers, a partnership, or any other business entity.
A.R.S. § 3-123 — Arizona Code / Title 3 / Chapter 1 / Article 3 / Section 123
3-123 Agricultural extension work
Status: in_force

3-123. Agricultural extension work

Cooperative agricultural extension work shall consist of giving practical demonstrations in agriculture and home economics, and imparting information on those subjects through field demonstrations, publications and otherwise. The work shall be carried on in such manner as is mutually agreed upon by the board of regents of the universities and state college of Arizona and the county agricultural extension board of each county provided for in this article.
A.R.S. § 3-609 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 609
3-609 Financial condition of milk handlers; security; recovery on default; definition
Status: in_force

3-609. Financial condition of milk handlers; security; recovery on default; definition

A. A handler shall not engage or continue in business and the associate director shall deny, suspend or revoke any license issued to the handler under this chapter unless the associate director is satisfied that the handler's financial condition reasonably assures the ability to promptly pay producers for the milk the handler purchases. Before the associate director issues or renews the license the handler must file with the division financial statements for the handler's most recent complete fiscal year together with the auditor's report issued by a certified public accountant registered in this state. If the handler's fiscal year ends in the fourth quarter of the calendar year, the associate director may extend the time for filing the financial statement for up to one hundred twenty days. The handler shall also file interim financial statements within one hundred twenty days following the end of the sixth month of the handler's fiscal year, prepared consistent with the annual financial statement and certified by the handler's chief financial officer, covering the first six months of the handler's fiscal year. The associate director may require additional financial information or certificates at any time. The financial statements:

1. Shall comply with generally accepted accounting principles.

2. Shall by separate certificate of the certified public accountant state the handler's current ratio of current assets to current liabilities as of the end of the handler's fiscal year. The certificate accompanying the interim financial statement shall be signed by the handler's chief financial officer.

3. Are confidential and are not open for public inspection.

B. If the associate director either receives a certificate under subsection A, paragraph 2 that shows a current ratio of current assets to current liabilities of less than 1.2:1.0 or determines at any time that the financial condition of a handler does not reasonably assure payment when due for milk the handler purchases, or if the handler fails to pay for milk when payment is due as provided by applicable law or by agreement between the handler and producer, the associate director shall require that the handler:

1. File a bond or other security acceptable to the associate director in an amount not to exceed one hundred ten per cent of the sum reasonably anticipated to be due and accrued at any time for the milk purchased by the handler. The security shall be payable or assigned to the associate director for the benefit of producers damaged by the handler's default in paying for milk.

2. Receive no milk on credit until acceptable security is filed.

C. On or before March 1 and September 1 of each year each handler shall provide written notice to producers from whom it has purchased milk during the preceding six months stating the financial basis on which the handler's license was issued and the type and amount of security, if any, the handler filed under subsection B, paragraph 1. A handler shall not receive a quantity of milk that will increase the amount due and accrued from the handler above the amount represented as a basis for issuing the license under subsection A without first notifying the associate director.

D. On request and on the producer's prior written agreement to maintain its confidentiality, the associate director shall provide a producer with a copy of any financial statement, information or certificate filed under subsection A by a handler that has purchased milk from that producer.

E. A producer who has not been paid by a handler for milk when payment was due as provided by applicable law or by agreement may file a verified proof of claim with the division. On receipt of the claim or any other evidence of default, the associate director, by order, may require all interested creditors to file verified proofs of claim on or before a stated date or be barred from participating in any recovery under this subsection. Notice of the order shall be posted on the handler's premises and published once each week for three consecutive weeks in a newspaper of general circulation in the affected area with the final notice being published at least thirty days before the last date stated in the order for filing claims. On audit and investigation the associate director shall allow or disallow each claim and, if allowed, include interest at the rate of ten per cent per year from the date of default. The associate director shall mail notice of the allowance or disallowance of each claim and if allowed, the rate of interest that applies by certified mail to each claimant and to the handler and the handler's surety. The associate director shall demand, collect and receive the amount necessary to satisfy all allowed claims plus interest from the handler, the security provided by the handler or the handler's surety or sureties. The director, on the recommendation of the associate director, may also commence an action in superior court in Maricopa county for that purpose. The associate director shall distribute all monies received for satisfying the claims plus interest to the claimants, in full or pro rata as the case may be. The associate director shall disallow:

1. Claims for the value of milk which were due and payable more than thirty days before the associate director received the first claim or notice of default.

2. Claims covering transactions in which the producer has granted to the handler any voluntary extension of credit in writing.

F. The associate director shall deny, suspend or revoke a handler's license for failure to comply with any provision of this section. On request, the director shall review any action by the associate director under this subsection.

G. The whole claim, including interest and any judgment for the claim, of any person against a handler on account of milk sold or delivered to the handler is entitled to the same preference in any insolvency or other creditor's proceedings as is provided by any other statute to claims for labor. Two or more producers may file a consolidated claim, and, when so filed, the preference is allowed on the amount due each producer. This preference shall also be allowed in bankruptcy proceedings to the extent permitted by federal law. This subsection does not affect or impair any other lien, security or priority for the claim or judgment.

H. This section applies to producers in any state that sell milk to a handler that is licensed by the division, but this section does not apply to the sale of milk in interstate commerce to an out-of-state handler that is not licensed by the division.
A.R.S. § 3-2906 — Arizona Code / Title 3 / Chapter 16 / Article 1 / Section 2906
3-2906 Seizure and quarantine; hearing
Status: in_force

3-2906. Seizure and quarantine; hearing

A. The department may seize, hold, quarantine or dispose of any lot of aquatic products that enters, leaves or is transported in this state if the lot does not comply with this article, rules adopted under this article or federal statutes or rules.

B. The owner of a lot of aquatic products that is seized, held or quarantined under this section may request a hearing on the action pursuant to title 41, chapter 6, article 10.  The hearing shall be held within ten days after receipt of the request.  If evidence produced at the hearing shows that the action was unreasonable, the lot shall be immediately released.  Except as provided in section 41-1092.08, subsection H, any person who is adversely affected by the final administrative decision may seek judicial review pursuant to title 12, chapter 7, article 6 in the county in which the lot is held.
A.R.S. § 3-1203 — Arizona Code / Title 3 / Chapter 11 / Article 1 / Section 1203
3-1203 General powers and duties; civil penalties
Status: in_force

3-1203. General powers and duties; civil penalties

A. The director or the director's authorized representative shall exercise general supervision over the livestock interests of the state, protect the livestock industry from theft and the livestock and poultry industries from contagious and infectious diseases and protect the public from diseased and unwholesome meat products.

B. The director, with the advice of the state veterinarian, may make rules to control and govern:

1. Importation of animals and poultry into the state, establishment of quarantine and its boundaries, notice of quarantine and accomplishment of all things necessary to effect the object of the quarantine and to protect the livestock and poultry industries from and prevent the spread of contagious or infectious diseases.

2. Slaughter of animals and poultry affected by contagious or infectious diseases and disposition of carcasses of animals and poultry so slaughtered, when the action appears necessary to prevent the spread of contagion or infection among livestock and poultry.

3. Importation, manufacture, sale, distribution or use within the state of serums, vaccines and other biologics intended for diagnostic or therapeutic treatment of animals and poultry, and the importation, manufacture or use of virulent blood or living virus of diseases affecting animals and poultry.

C. The director may:

1. Enter into agreements with neighboring states, including agreements regarding the use of livestock officers or livestock inspectors or other agency resources for the purpose of enforcement of livestock laws within this state or within border areas of neighboring states.

2. Waive inspections, service charges or inspection fees under this chapter in cases the director deems advisable.

3. Direct employees or peace officers to execute the director's orders under this chapter.

D. The director may adopt by rule a mandatory self-inspection program for moving livestock from one location to another, and may provide for the private treaty sale of self-inspected livestock.  The associate director shall monitor compliance with the requirements of the self-inspection program and shall periodically examine self-inspection records, including livestock inventory records that verify the origin, shipment or sale of livestock.  For just cause the director may suspend or modify the self-inspection authorization of feedlots, dairies and producers.  A person who knowingly violates the requirements of the self-inspection program shall be placed on administrative probation by the director for a period of one year.  If a subsequent violation occurs during the period of probation, the person shall be brought before an administrative law judge and is subject to a civil penalty of two hundred dollars per violation, and the self-inspection authorization shall be revoked for a period of three years.  The director may review any order of the administrative law judge and shall review each order involving subsequent violations during a period of probation pursuant to title 41, chapter 6, article 10.  The period of a sanction imposed under this subsection begins on the date of determination of the violation at a hearing. Civil penalties imposed under this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

E. The director may establish a central investigation group to investigate reports of crimes related to livestock and other violations of this title and rules adopted pursuant to this title.  Livestock officers and other employees of the department shall report all cases of apparent crimes related to livestock to the associate director.  The investigation group shall cooperate and coordinate its activities with appropriate federal, state and local law enforcement agencies in apprehending and prosecuting violators of livestock laws.
A.R.S. § 3-343 — Arizona Code / Title 3 / Chapter 2 / Article 5 / Section 343
3-343 Enforcement and administrative powers
Status: in_force

3-343. Enforcement and administrative powers

A. This article shall be administered and its provisions and all rules adopted under this article shall be enforced by the associate director.

B. The director may, after a hearing:

1. Declare as a pest any form of plant or animal life or virus which is injurious to plants, humans, domestic animals, articles or substances.

2. Determine whether or not pesticides present an unreasonable risk to humans.

3. Determine standards of coloring or discoloring for pesticides, and subject pesticides to the requirements of section 3-352.

C. The director may, after a hearing, make rules concerning safety in the distribution and sale of pesticides or devices.

D. All rules adopted under authority of this article shall be divided into two classes to be known as "technical rules" and "administrative rules", such rules to be filed in the office of the secretary of state and subject to judicial review.

E. The director may adopt administrative and technical rules deemed necessary to effectuate the purposes of this article, but only after a hearing.
A.R.S. § 3-621 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 621
3-621 Butterfat content; disagreement; procedure
Status: in_force

3-621. Butterfat content; disagreement; procedure

Upon application by a producer and a distributor or a manufacturer, the associate director shall, at the expense of the applicants, appoint an official tester to test the butterfat content of the producer's product. When there is a disagreement or variance in the reading of a Babcock test the original sample shall be submitted to a qualified technician and a determination made by an approved ether extraction method, the result of which shall be binding upon the parties.
A.R.S. § 3-2015 — Arizona Code / Title 3 / Chapter 13 / Article 1 / Section 2015
3-2015 Cooperation with federal government
Status: in_force

3-2015. Cooperation with federal government

A. The director may cooperate with the secretary of agriculture of the United States in order to administer the provisions of this chapter in conjunction with the federal meat inspection act. Such cooperative efforts may include assistance in planning and otherwise developing the state program, technical and laboratory assistance and training and financial and other aid for the administration of the cooperative effort.

B. For the purposes prescribed by the terms of subsection A, the department may accept and expend federal funds.
A.R.S. § 3-375 — Arizona Code / Title 3 / Chapter 2 / Article 6 / Section 375
3-375 Preservation of rights
Status: in_force

3-375. Preservation of rights

This article shall not be construed to abridge or alter causes of action or remedies under the common law or statutory law, criminal or civil, nor shall any provision of this article, or any act done by virtue of this article, be construed so as to estop any person, this state or any political subdivision of this state, or owners of land having groundwater or surface water rights or otherwise, from exercising their rights or, under the common law or statutory law, from suppressing nuisances or preventing injury due to pesticide use.
A.R.S. § 3-109.02 — Arizona Code / Title 3 / Chapter 1 / Article 1 / Section 109.02
3-109.02 Office of commodity development and promotion; fees; commodity promotion fund; definition
Status: in_force

3-109.02. Office of commodity development and promotion; fees; commodity promotion fund; definition

A. The office of commodity development and promotion shall provide for programs to stimulate, educate, encourage and foster the production and consumption of Arizona agricultural products domestically and abroad.

B. The office may provide authorized or contracted administrative functions for councils and commissions established by law.

C. The director may collect a fee, which the director shall establish by rule, for the issuance of certificates of free sale. The amount of the fee shall not exceed the actual cost of preparing the certificate of free sale. All monies collected from the fees shall be deposited, pursuant to sections 35-146 and 35-147, in the commodity promotion fund.

D. The commodity promotion fund is established. The fund consists of all monies collected pursuant to any promotional service provided to industry under this section and not supported by general fund appropriation, and monies received pursuant to section 3-107, subsection B, paragraph 8.  The director shall administer the fund.  On notice from the director, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. Monies in the fund are:

1. Continuously appropriated to the department for the purposes of this section.

2. Exempt from the provisions of section 35-190 relating to lapsing of appropriations.

E. For the purposes of this section, "certificate of free sale" means a document that authenticates a commodity that is generally and freely sold in domestic channels of trade.
A.R.S. § 3-1294 — Arizona Code / Title 3 / Chapter 11 / Article 4 / Section 1294
3-1294 Improperly maintaining a stallion or jack; classification; seizure and sale; expenses for care
Status: in_force

3-1294. Improperly maintaining a stallion or jack; classification; seizure and sale; expenses for care

A. A person who maintains a stallion or jack with reckless disregard for the safety or health of other persons or property or livestock of another is guilty of a class 2 misdemeanor.

B. In addition, the appropriate court, on affidavit by the livestock officer, may issue an order to seize and impound the stallion or jack until remedial action has been taken by the owner, agent or person in charge of the stallion or jack. If no remedial action has been taken after twenty days, the livestock officer shall sell the stallion or jack to the highest bidder for cash at public auction. Immediately after the sale is made, or after release to the owner who pays the hauling charges and expenses of feeding and caring for the livestock, the livestock officer shall remit the proceeds to the agency together with an itemized statement of the expense of the seizure and sale, which shall be paid as other claims. The amount received by the agency shall be deposited in the livestock custody trust fund established by section 3-1377 and retained until final determination by the court of all actions arising from the seizure of the stallion or jack.
A.R.S. § 3-112 — Arizona Code / Title 3 / Chapter 1 / Article 2 / Section 112
3-112 Agricultural operations; nuisance liability: damages; state preemption
Status: in_force

3-112. Agricultural operations; nuisance liability: damages; state preemption

A. Agricultural operations conducted on farmland that are consistent with good agricultural practices and established before surrounding nonagricultural uses are presumed to be reasonable and do not constitute a nuisance unless the agricultural operation has a substantial adverse effect on the public health and safety.

B. Agricultural operations undertaken in conformity with federal, state and local laws and regulations are presumed to be good agricultural practices and not adversely affecting the public health and safety.

C. In a nuisance action against an agricultural operation conducted on farmland:

1. The court may award costs and expenses, including reasonable attorney fees, to the prevailing party.

2. If the court determines that a party filed a nuisance action under one of the following circumstances, the court shall award reasonable costs and attorney fees to the other party:

(a) The action was not filed in good faith.

(b) The action was not grounded in fact or based on law.

(c) The action was filed for an improper purpose, such as to harass the other party, to cause an unnecessary delay or to increase the cost of litigation to the other party.

3. The court may not award punitive damages for a nuisance action unless the alleged nuisance emanated from an agricultural operation that has been subject to a criminal conviction or a civil enforcement action taken by a state or federal environmental or health regulatory agency pursuant to a notice of violation for the conduct alleged to be the source of the nuisance.

D. For the purposes of this section, costs and expenses may include attorney fees, deposition costs and other reasonable expenses as the court finds necessary to the full and proper presentation of the action, including any appeal.

E. A city, town, county, special taxing district or other political subdivision of this state may not declare an agricultural operation conducted on farmland to be a nuisance if the agricultural operation's practices are lawful, customary, reasonable, safe and necessary to the agriculture industry as the practices pertain to an agricultural operation's practices as determined by the agricultural best management practices committee established by section 49-457, the Arizona department of agriculture or the department of environmental quality.
A.R.S. § 3-2615 — Arizona Code / Title 3 / Chapter 15 / Article 1 / Section 2615
3-2615 Seizure, condemnation and sale of noncomplying feed
Status: in_force

3-2615. Seizure, condemnation and sale of noncomplying feed

Any lot of commercial feed or customer-formula feed not in compliance with the provisions of this article shall be subject to seizure upon complaint of the director to a court of competent jurisdiction in the area in which the feed is located. If the court finds the commercial feed or customer-formula feed is in violation of this article and orders the condemnation of the feed, it shall be disposed of in any manner consistent with the quality of the feed and the laws of the state, but the court shall not order the disposition of the feed without first giving the claimant an opportunity to apply to the court for release of the feed or for permission to process or relabel the feed to comply with the requirements of this article.
A.R.S. § 3-1300 — Arizona Code / Title 3 / Chapter 11 / Article 4 / Section 1300
3-1300 Overstocking land; classification; definition
Status: in_force

3-1300. Overstocking land; classification; definition

A. A person who overstocks with livestock a tract or parcel of land or range which he owns or has the lawful right to use, with the intent that such livestock leave the land and graze or feed upon the land of another person, and the livestock do leave such land and graze or feed upon the land or range of another person to the injury of such other person, is guilty of a class 2 misdemeanor. In addition thereto, such person is liable to the injured person in damages as for wilful trespass.

B. For the purposes of this section "overstock" means to release on a tract or parcel of land a greater number of livestock than the grass or other forage normally produced thereon under average conditions will reasonably sustain.

C. Overstocking is prima facie evidence of the intent that such livestock leave the land on which so placed and graze or feed upon land of another person.
A.R.S. § 3-2666 — Arizona Code / Title 3 / Chapter 15 / Article 3 / Section 2666
3-2666 Permit for removal of swine from premises
Status: in_force

3-2666. Permit for removal of swine from premises

Before removal of any swine from the premises where swine are fed on garbage, a permit shall be obtained from the state veterinarian or his authorized representative for the removal of the swine. A permit for the removal of dead swine which are to be processed by rendering shall not be required.
A.R.S. § 3-3497 — Arizona Code / Title 3 / Chapter 19 / Article 6 / Section 3497
3-3497 Exemption
Status: in_force

3-3497. Exemption

The provisions of this article do not apply to a manufacturer's proving ground or a motor vehicle racing event held in a vehicle emissions control area.
A.R.S. § 3-382 — Arizona Code / Title 3 / Chapter 2 / Article 6.1 / Section 382
3-382 Program structure; responsibilities
Status: in_force

3-382. Program structure; responsibilities

A. The integrated pest management program shall include programs for pest management and the impact of pest management in the following areas, listed in order of priority:

1. Cotton, grain and forage production.

2. Livestock, fruit, nut, vegetable and ornamentals production.

B. The integrated pest management program shall:

1. Develop systematic insect, disease and weed pest management strategies for use on farms in this state which integrate management tactics into environmentally compatible and economically sound systems to be used by producers, extension personnel and private enterprise.

2. Obtain information regarding crop, animal and stored grain pest occurrence and severity, pesticide usage, other pest management strategies used, effective pest monitoring techniques and scouting intervals and the effectiveness of producers' current pest control practices.

3. Determine the most effective, low cost methods and organizational structures for delivering integrated pest management systems to individual farming operations.

4. Investigate alternative pest management tactics such as biological and cultural control and plant resistance and determine how to integrate these tactics with chemical control and horticultural practices.

5. Determine accurate and time efficient sampling procedures and forecasting methods which can be utilized by private consultants or through cooperative extension.

6. Determine the economic relationship of pest incidence to yield or quality loss.

7. Develop nonpesticide methods of pest management in the areas of cultural practices, biological control and crop resistance.

8. Integrate the proper timing, selection and use of pesticides into overall management programs.

9. Aid growers in executing the most optimal crop protection program by providing them with timely reports on pest presence and population density levels, forecasted pest occurrences, crop growth, weather and other environmental information and by providing the most current interpretation of the data.

10. Act as a training mechanism for individuals at all levels of operation.

C. Wherever possible the director shall encourage, and if an adequate scientific and economic basis exists, may require, applicators, pest control advisors and growers to pursue integrated pest management techniques.
A.R.S. § 3-2098 — Arizona Code / Title 3 / Chapter 13 / Article 3 / Section 2098
3-2098 Suspension, revocation or wrongful closure; review or special action; compensation
Status: in_force

3-2098. Suspension, revocation or wrongful closure; review or special action; compensation

A. A meat processor, meat wholesaler or jobber or a slaughterer whose license is suspended or revoked, or whose place of business or any portion thereof is closed by order of the director may seek a special action or a review by a court of the action pursuant to section 12-348.

B. If, as a result of the special action or review of the suspension, revocation or closure the finding is made that the suspension, revocation or closure by the director was in error, the meat processor, meat wholesaler or jobber or slaughterer affected shall receive an award from the state in an amount fixed by the court sufficient to provide compensation for losses suffered owing to the suspension, revocation or closure, in addition to any other awards that can be made pursuant to section 12-348.
A.R.S. § 3-3493; Version 2 — Arizona Code / Title 3 / Chapter 19 / Article 6 / Section 3493; Version 2
3-3493; Version 2 Area A; fuel reformulation; rules
Status: in_force

3-3493. Area A; fuel reformulation; rules

(L17, Ch. 295, sec. 2.  Conditionally Eff.)

A.  All gasoline produced and shipped to or within this state and sold or offered for sale for use in motor vehicles in a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A, subject to an appropriate waiver granted by the administrator of the United States environmental protection agency pursuant to section 211(c)(4) of the clean air act as defined in section 49-401.01, 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 3-3433, subsections D and F.

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 3-3433, subsections D and F.

B. For the period beginning November 1 through March 31 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 a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A, subject to an appropriate waiver granted by the administrator of the United States environmental protection agency pursuant to section 211(c)(4) of the clean air act as defined in section 49-401.01, shall comply with standards for 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 and shall meet the maximum vapor pressure requirements in section 3-3433, subsections D and F. The fuel described in this subsection shall meet the requirements of section 3-3492, subsection A, paragraph 1 or 2.

C. 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 comply with standards other than the standards prescribed by section 3-3492, subsection A if the petitioner can demonstrate that ethanol supply shortages are imminent.

D. The petition shall:

1. Identify specific supply conditions that will result in a shortage of ethanol.

2. Identify which oxygenate or oxygenates and the concentration that will be blended into gasoline for sale or use in area A.

3. Demonstrate that the alternative oxygenate blend comes closest to meeting a three and one-half percent by weight oxygen content at reasonable cost, unless the registered supplier or oxygenate blender is petitioning to use a gasoline-ethanol blend containing less than ten percent by volume of ethanol.

4. Specify a time period for compliance with any provision of section 3-3492, subsection A, not to exceed sixty days.

E. The associate director shall either grant or deny the petition 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.

F. The associate director may reauthorize a petition if the petitioner can demonstrate that the conditions have continued. The reauthorization of a petition shall not exceed thirty days.

G. The associate director of the division shall consult with the director of the department of environmental quality before granting, reauthorizing or denying any such petition.

H. The director of environmental quality in consultation with the associate director of the division shall adopt by rule:

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

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

I. 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. § 3-1003 — Arizona Code / Title 3 / Chapter 8 / Article 1 / Section 1003
3-1003 Arizona exposition and state fair board; powers and duties; compensation of employees
Status: in_force

3-1003. Arizona exposition and state fair board; powers and duties; compensation of employees

A. The Arizona exposition and state fair board shall:

1. Have exclusive custody and direction of all state fair property, construct and maintain necessary improvements in connection therewith, and assist in raising funds therefor.

2. Direct and conduct state fairs, exhibits, contests and entertainments for the purposes of promoting and advancing the pursuits and interests of the several counties and of the state, and of producing sufficient revenue to defray the expenses incurred by the board in conducting such events.

3. Charge entrance fees and gate money, and temporarily lease stalls, stands, booths and sites for the purpose of defraying the expenses incurred.

4. Give prizes or premiums for exhibits and contests which are presented or sponsored by the board in connection with the annual state fair.

5. Subject to title 41, chapter 4, article 4, employ an executive director, coliseum manager and comptroller.

6. Delegate to the executive director any of the administrative functions, powers or duties that the board believes the executive director can competently, efficiently and properly perform.

7. When necessary in connection with business of the board, appoint fair or ground marshals with the authority of peace officers.

8. Have the power to promote, co-promote or lease the state fairgrounds for such events, exhibitions, entertainments or other purposes it deems proper.

9. Have power to accept donations of money or other property from any source, and expend them in accordance with directions of the donor. Monies received pursuant to this paragraph shall not be placed in the general fund.

10. Adopt rules necessary to carry out the provisions of this chapter.

11. Prohibit the issuance of a free pass, ticket or box to any person for any activity at the Arizona coliseum and exposition center, except that this paragraph shall not apply to the state fair and any lessees of the Arizona coliseum and exposition center.

B. The board may exempt from subsection A, paragraphs 2 and 3 such educational, agricultural and mineral exhibits as in its opinion are in the best interest of the state and not contrary to any outstanding obligations the board might have incurred.

C. Compensation of all employees shall be as determined pursuant to section 38-611.
A.R.S. § 3-341 — Arizona Code / Title 3 / Chapter 2 / Article 5 / Section 341
3-341 Definitions
Status: in_force

3-341. Definitions

For the purposes of this article:

1. "Active ingredient" means an ingredient that will prevent, destroy, repel or mitigate pests or that will act as a plant regulator, defoliant or desiccant.

2. "Adulterated" means any pesticide the strength or purity of which falls below the professed standard or quality as expressed on labeling or under which it is sold, or if any substance has been substituted wholly or in part for the article, or if any valuable constituent of the article has been wholly or in part abstracted.

3. "Animal" means all vertebrate and invertebrate species, including, but not limited to, humans and other mammals, birds, fish and shellfish.

4. "Antidote" means the most practical immediate treatment in case of poisoning and includes first aid treatment.

5. "Associate director" means the associate director of the environmental services division.

6. "Beneficial insects" means those insects that, during their life cycle, are effective pollinators of plants, are parasites or predators of pests or are otherwise beneficial.

7. "Defoliant" and "desiccant" means any substance or mixture of substances intended for killing or artificially accelerating the drying of plant tissues, with or without causing abscission.

8. "Device" means any instrument or contrivance intended for trapping insects, and includes any instrument or contrivance intended for destroying, repelling or mitigating insects or rodents or destroying, repelling or mitigating fungi or weeds, or such other pests as may be designated by the director, but not including equipment used for the application of pesticides when sold separately therefrom.

9. "Distribute" means to offer for sale, hold for sale, sell or barter pesticides for use in this state.

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

11. "Fungi" means all non-chlorophyll-bearing thallophytes, that is, all non-chlorophyll-bearing plants of a lower order than mosses and liverworts, as, for example, rusts, smuts, mildews, molds and yeasts, except those on or in living humans or other animals.

12. "Inert ingredient" means an ingredient that is not an active ingredient.

13. "Ingredient statement" means a statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in the pesticide.

14. "Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs, bees and flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as, for example, spiders, mites, ticks, centipedes and wood lice.

15. "Label" means the written, printed or graphic matter on, or attached to, the pesticide or device, or the immediate container thereof, and the outside container or wrapper of the retail package, if there is any, of the pesticide or device.

16. "Labeling" means all labels and other written, printed or graphic matter:

(a) Upon the pesticide or device or any of its containers or wrappers.

(b) Accompanying the pesticide or device at any time.

(c) To which reference is made on the label or in literature accompanying the pesticide or device, except when accurate, nonmisleading reference is made to current official publications of the United States departments of agriculture or interior, the United States public health service, state experiment stations, state agricultural colleges or other similar federal institutions or official agencies of the state or other states authorized by law to conduct research in the field of pesticides.

17. "Misbranded" applies:

(a) To any pesticide or device if its labeling bears any statement, design or graphic representation relative thereto or to its ingredients that is false or misleading in any particular.

(b) To any pesticide:

(i) If it is an imitation of, or is offered for sale under the name of, another pesticide.

(ii) If the labeling accompanying it does not contain directions for use that are necessary and, if complied with, adequate for the protection of the public.

(iii) If the label does not contain a warning or caution statement that may be necessary and, if complied with, adequate to prevent injury to living humans and other vertebrate animals.

(iv) If the label does not bear an ingredient statement on that part of the immediate container and on the outside container or wrapper, if there is one, through which the ingredient statement on the immediate container cannot be clearly read, of the retail package that is presented or displayed under customary conditions of purchase.

(v) If any word, statement or other information required by or under the authority of this article to appear on the labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or graphic matter in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(vi) If used as directed or in accordance with commonly recognized practice, it is injurious to living humans or other vertebrate animals or vegetation, other than the pest to which it is applied, or to the person applying such pesticide.

18. "Nematode" means invertebrate animals of the phylum nemathelminthes and class nematode, including unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle and inhabiting soil, water, plants or plant parts.

19. "Person" means any individual, partnership, association, corporation or organized group of persons whether incorporated or not.

20. "Pest" means:

(a) Any weed, insect, vertebrate pest, nematode, fungus, virus, bacterium or other pathogenic organisms.

(b) Any other form of terrestrial or aquatic plant or animal life, except virus, bacterium or other microorganism on or in living humans or other living animals, which the director declares to be a pest for the purpose of enforcement of this article.

21. "Pesticide" means:

(a) Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest.

(b) Any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.

22. "Plant regulator" means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation or for otherwise altering the behavior of plants or the produce thereof, but does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants and soil amendments.

23. "Registrant" means the person registering any pesticide pursuant to this article.

24. "Weed" means any plant that grows where it is not wanted.
A.R.S. § 3-634 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 634
3-634 Violation; classification; injunctive relief; evidence of violation
Status: in_force

3-634. Violation; classification; injunctive relief; evidence of violation

A. A person violating any provision of this article is guilty of a class 2 misdemeanor unless another classification is specifically prescribed in this article.

B. If a person fails or refuses to comply with this article or any rule or order adopted pursuant to this article, the director may apply to the superior court for a temporary restraining order or preliminary or permanent injunction according to the Arizona rules of civil procedure. A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator.

C. In an action or proceeding arising under this article, a determination that a manufacturer or distributor has manufactured or disposed of a greater quantity of a given grade of product than has been purchased or otherwise acquired shall be prima facie evidence of a violation of this article.
A.R.S. § 3-284 — Arizona Code / Title 3 / Chapter 2 / Article 3 / Section 284
3-284 Exchanges between manufacturers
Status: in_force

3-284. Exchanges between manufacturers

Nothing in this article shall be construed to restrict or avoid sales or exchanges of fertilizer materials to each other by importers, manufacturers or manipulators who mix fertilizer materials for sale or to prevent the free and unrestricted shipments of fertilizer materials to manufacturers or manipulators.
A.R.S. § 3-209 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 209
3-209 Quarantines; notice to common carriers; duty to hold for inspection; certificate of release; inspection
Status: in_force

3-209. Quarantines; notice to common carriers; duty to hold for inspection; certificate of release; inspection

A. When the director believes the importation from designated countries, states or localities of specified varieties of plants, fruits, vegetables, seeds, soil or agricultural or horticultural products is dangerous to this state or to the agricultural or horticultural industry of this state because of the likelihood of infestation with crop pests or diseases, the director may declare a quarantine against all varieties from those places.  Common carriers shall be immediately notified of the declaration of quarantine and are prohibited from transporting quarantined products or pests and diseases associated with the quarantined products from the designated places into the state.

B. Any person who brings or causes to be brought into the state plants, fruits, vegetables or agricultural or horticultural products is subject to either of the following procedures:

1. The inspector may issue a certificate of release to the person at a properly signed border inspection station.

2. The inspector may instruct the person, at a properly signed border inspection station, to hold the shipment at the place where it is to be received, without unnecessarily moving or placing it where it may be harmful, for immediate inspection of the inspector, and shall not deliver the shipment to the person entitled to it until furnished with a certificate of release by the inspector.

C. If a person does not obtain a certificate of release as prescribed by subsection B, the person shall, immediately after arrival in this state, notify the inspector of the place where the shipment will be received, and hold it, without unnecessarily moving or placing it where it may be harmful for immediate inspection of the inspector, and shall not deliver the shipment to the person entitled to it until furnished with a certificate of release by the inspector.

D. The director, the associate director or the inspector may enter into any place where the products are received, as described in subsection C, for the purpose of making the investigation or examination.
A.R.S. § 3-417 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 417
3-417 Assessments; collection; budget
Status: in_force

3-417. Assessments; collection; budget

A. The annual assessment rate shall not exceed five per cent of the annual gross sales dollar value of the affected commodity determined by the preceding marketing season. Not more than two per cent of the annual gross sales dollar value of the affected commodity may be used to pay costs associated with administering the marketing order. Assessment rates may be set on a per carton or equivalent basis.

B. Each marketing order shall state a method of collection.  For the initial year, an advance deposit of not more than ten per cent of the total assessments owing may be collected from affected persons based on the preceding marketing season.  If the marketing order affects producers only or if the marketing order affects both producers and shippers, the shipper shall withhold the assessments owed by the producer pursuant to the marketing order. The shipper is a trustee of the assessments until they are paid to the marketing commission.  If the marketing order affects producers only, a producer is responsible for paying the assessments unless the assessments are withheld for payment by the shipper.

C. Each affected person shall keep a complete and accurate record of all of the affected commodity sold by the affected person. The records shall contain the information required to be kept for the citrus, fruit and vegetable trust fund pursuant to articles 2 and 4 of this chapter and rules adopted pursuant to those articles.

D. Except for the first year of operation, on or before July 1 of each year, the marketing commission or marketing committee shall set an assessment according to the maximum rate of assessment established by this article, the marketing order or marketing agreement. Before establishing the assessment rate, the commission or committee shall establish an annual budget. The budget is effective on approval of the commission or committee.

E. Title 41, chapter 6 does not apply to setting and collecting the assessment under this section, but the commission or committee shall provide fifteen days' advance notice of the meeting at which the assessment will be adopted and the amount of the proposed assessment. The commission or committee shall receive public testimony at the meeting regarding the assessment.
A.R.S. § 3-3605 — Arizona Code / Title 3 / Chapter 20 / Article 1 / Section 3605
3-3605 Pest management division council; members; duties
Status: in_force

3-3605. Pest management division council; members; duties

A. The director shall establish by rule a pest management division council to assist and make recommendations to the director regarding the administration and implementation of this chapter but excludes reviewing and making recommendations on individual cases, investigations or applications for certification or licensing. The director shall appoint five members to the council, including one public member.

B. The pest management division council shall:

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

2. Meet at least once each calendar quarter and at additional times at the call of the director or chairman or if requested by at least three members of the council.

3. Keep a record of council proceedings and make those records available for public inspection for any lawful purpose.

C. The pest management division council shall advise the director and the associate director of the division on matters pertaining to the pest management industry, including:

1. Reviewing pest management policy in this state as established by law and administered by the division.

2. Assisting the director in formulating administrative rules for the division, including reviewing, advising and making recommendations to the director on proposed rules before the rules are adopted and recommending and initiating the rulemaking process for rules relating to this chapter.

3. Reviewing proposed changes by the department to statutes or rules pertaining to the pest management industry.

4. Assisting the director in developing proposed budgets for the division.

5. Recommending any other items that the council deems appropriate on matters pertaining to the pest management industry.

6. Providing additional assistance as the director deems necessary.

D. Before a meeting of the department of agriculture advisory council established pursuant to section 3-104, the director shall notify the pest management division council of agenda items that impact the division or the pest management industry. The pest management division council may make recommendations to the department of agriculture advisory council on those agenda items.

E. If the director determines that the rulemaking recommendations of the pest management division council are practicable and in the best interests of the pest management industry and the public, the director shall accept the rulemaking recommendations. If the director rejects the rulemaking recommendations of the pest management division council, the director shall provide a written explanation of the reasons for the rejection to the division council not more than fifteen days after the director's decision to reject the recommendations.

F. The director shall include the comments of the pest management division council in the official record when adopting rules or budgets for the division.
A.R.S. § 3-561 — Arizona Code / Title 3 / Chapter 3 / Article 7 / Section 561
3-561 Definitions
Status: in_force

3-561. Definitions

In this article, unless the context otherwise requires:

1. "Food product" includes:

(a) Every product of the soil in its natural or manufactured state.

(b) Beef and beef products.

(c) Swine and pork products.

(d) Fowls and poultry products.

(e) Eggs and egg products.

(f) Milk and milk products.

(g) Lamb and sheep products.

(h) Animal feed that is grown or raised by the producer and sold as feed for livestock, poultry or ratites purchased or raised for slaughter, including livestock purchased or raised for production or use, such as milk cows, breeding bulls, laying hens and riding or work horses.

2. "Producer" includes owners, proprietors or tenants of agricultural lands, orchards, farms and gardens where food products are grown, raised or prepared for market.
A.R.S. § 3-1341 — Arizona Code / Title 3 / Chapter 11 / Article 5 / Section 1341
3-1341 Transportation of livestock by person without certificate of inspection, validated auction invoice or bill of sale; violation; classification
Status: in_force

3-1341. Transportation of livestock by person without certificate of inspection, validated auction invoice or bill of sale; violation; classification

A. Except as otherwise provided in this article, it is unlawful for any person, firm or corporation to carry, transport or convey livestock by any conveyance without first having such livestock inspected and having in immediate possession the duplicate record of the inspection, an auction invoice issued pursuant to section 3-1336, a registration or identification card issued pursuant to section 3-1344 or 3-1345 or a bill of sale.

B. A person violating this section is guilty of a class 2 misdemeanor.