A.R.S. § 3-352 — Arizona Code / Title 3 / Chapter 2 / Article 5 / Section 352
3-352 Prohibited acts
Status: in_force

3-352. Prohibited acts

A. It is unlawful for any person acting independently or as agent to distribute:

1. Any pesticide that has not been registered pursuant to section 3-351, or any pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration, but at the discretion of the director, a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the product.

2. Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to such container, and to the outside container or wrapper of the retail package, if there is one, through which the required information on the immediate container cannot be clearly read, a label bearing:

(a) The name and address of the manufacturer, registrant or person for whom manufactured.

(b) The name, brand or trademark under which the article is sold.

(c) The net weight or measure of the content subject, however, to such reasonable variations as the state may permit.

3. Any pesticide that contains any substance or substances in quantities highly toxic to humans, determined as provided in section 3-343, unless the label bears, in addition to any other matter required by this article:

(a) Warning statements or symbols required by regulation.

(b) A statement of a practical treatment, first aid or otherwise in case of poisoning by the pesticide.

4. Any pesticide that is adulterated or misbranded, or any device that is misbranded.

5. Any pesticide the label of which does not contain necessary information, which information the director has prescribed by rule.

B. It is unlawful:

1. For any person to detach, alter, deface or destroy, wholly or in part, any label or labeling provided for in this article or rules adopted under this article, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purposes of this article.

2. For any person to use for his own advantage or to reveal, other than to the director or proper officials or employees of the state or to the courts of the state in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of section 3-351.
A.R.S. § 3-3622 — Arizona Code / Title 3 / Chapter 20 / Article 3 / Section 3622
3-3622 Joint responsibility; burden of proof
Status: in_force

3-3622. Joint responsibility; burden of proof

A. A business licensee, qualifying party, branch supervisor or applicator may be held jointly responsible for the acts or omissions of another person who is under the supervision of the business licensee, qualifying party, branch supervisor or applicator if the supervising licensee fails to properly train, equip or supervise the other person or fails to maintain records of proper training, equipping or supervising.

B. Failure to timely and fully respond to requests by the director for information relating to training, equipping and supervising is a prima facie showing of a failure to properly train, equip or supervise.  A supervising business licensee, qualifying party, branch supervisor or applicator has the burden of proof by a preponderance of the evidence that the supervising person has fulfilled the required duties as prescribed by this chapter, rules adopted pursuant to this chapter or a written order of the director.
A.R.S. § 3-3113 — Arizona Code / Title 3 / Chapter 17 / Article 1 / Section 3113
3-3113 Penalties; violation; classification
Status: in_force

3-3113. Penalties; violation; classification

A. An employer who wilfully or repeatedly violates the requirements of section 3-3104 or any standard or rule adopted pursuant to section 3-3106, 3-3108 or 3-3109 or any other provision of this article may be assessed a civil penalty of not more than ten thousand dollars for each violation.

B. An employer who has received a citation for a serious violation of any provision of this article shall be assessed a civil penalty of up to one thousand dollars for each such violation.

C. An employer who has received a citation for a serious violation of any provision of this article and that violation causes death to an employee shall be assessed a civil penalty of up to five thousand dollars for each such violation.

D. An employer or trainer who has received a citation for a nonserious violation of any provision of this article may be assessed a civil penalty of up to one thousand dollars for each such violation.

E. An employer or trainer who fails to correct a violation for which a citation has been issued within the abatement period permitted for its correction, which period shall be suspended in the case of an administrative hearing before an administrative law judge initiated by the employer in good faith and not solely for delay or avoidance of penalties, may be assessed a civil penalty of not more than one thousand dollars for each day during which the failure or violation continues after the abatement date.

F. An employer who knowingly violates the requirements of section 3-3104 or any standard or rule adopted pursuant to section 3-3106, 3-3108 or 3-3109 or any other provision of this article and that violation causes death to an employee is guilty of a class 6 felony, except that if the conviction is for a second or subsequent violation, the employer is guilty of a class 5 felony.

G. A person who knowingly gives advance notice of any inspection to be conducted under this article without authority from the assistant director is guilty of a class 2 misdemeanor.

H. A person who knowingly makes a false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this article is guilty of a class 2 misdemeanor.

I. The director may assess all civil penalties prescribed by this section, giving due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the number of employees employed by the employer, the number of individuals taught by the trainer, the good faith of the employer or trainer and the history of previous violations under this article.

J. Civil penalties owed under this article shall be paid to the department for deposit in the state general fund. After an order or decision on a civil penalty becomes final, the civil penalty acts as a judgment against the employer or trainer. The director shall file the civil penalty in the office of the clerk of the superior court in any county in this state and the clerk shall enter the civil penalty in the civil order book and judgment docket. When the civil penalty is filed and entered, it is a lien for eight years from the date of the final order or decision on the property of the employer or trainer located in the county. Execution may issue on the civil penalty within eight years in the same manner and with similar effect as a judgment of the superior court. The civil penalty judgment shall accrue interest pursuant to section 44-1201. The department may recover reasonable attorney fees incurred pursuant to this section.
A.R.S. § 3-3472 — Arizona Code / Title 3 / Chapter 19 / Article 5 / Section 3472
3-3472 Revocation or suspension of licenses; procedure; judicial review
Status: in_force

3-3472. Revocation or suspension of licenses; procedure; judicial review

A. Except as otherwise provided by this section, any proceeding to revoke or suspend a license issued pursuant to this chapter shall be conducted in accordance with title 41, chapter 6, article 10.

B. The associate director may initiate proceedings for revocation or suspension of a license issued pursuant to this chapter on the associate director's own motion or on a verified complaint for noncompliance with or a violation of this chapter or of any rule adopted pursuant to this chapter.

C. If, after having been served with the notice of hearing as provided for in title 41, chapter 6, article 10, the licensee fails to appear at the hearing and defend, the division shall proceed to hear evidence against the licensee and shall enter such order as is justified by the evidence, which order shall be final unless the licensee petitions for a review as provided in title 41, chapter 6, article 10.

D. At all hearings the attorney general of this state, one of the attorney general's assistants, or a special assistant designated by the attorney general shall appear and represent the division.

E. Except as provided in section 41-1092.08, subsection H, any final administrative decision made pursuant to this chapter is subject to judicial review pursuant to title 12, chapter 7, article 6.
A.R.S. § 3-354 — Arizona Code / Title 3 / Chapter 2 / Article 5 / Section 354
3-354 Cease and desist orders; condemnation and destruction or sale of noncomplying pesticides or devices
Status: in_force

3-354. Cease and desist orders; condemnation and destruction or sale of noncomplying pesticides or devices

A. When the director finds from investigation that any pesticide or device being distributed or delivered for transportation or transported in intrastate commerce or between points within the state through any point outside this state does not meet the requirements of this article as follows, the director may take the action prescribed by subsection B of this section:

1. In the case of a pesticide:

(a) If it is adulterated or misbranded.

(b) If it has not been registered, if necessary, under section 3-351.

(c) If it fails to bear on its label the information required by law.

(d) If it is a white powder pesticide and is not colored as required under this article.

2. In the case of a device, if it is misbranded.

B. Upon the discovery of any of the facts set forth in subsection A of this section:

1. The director may serve the person violating this article with a cease and desist order requiring the person, on receiving the notice, to immediately cease and desist the violation. The order shall be served by any method of service authorized by the Arizona rules of civil procedure.

2. The department may issue and serve a written cease and desist order on the owner or custodian of any pesticide or device found to be in violation of this article.  The pesticide or device shall not be sold, used or removed until this article has been complied with and the pesticide or device has been released in writing by the director or the violation has been otherwise disposed of as provided in this article by a court of competent jurisdiction.

3. If the director discovers any pesticide or device that is in violation of this article, and the owner or custodian is not available for service of the order, the director may attach the order to the pesticide or device and the pesticide or device shall not be sold, used or removed until this article has been complied with and the pesticide or device has been released in writing by the director or the violation has been otherwise disposed of as provided in this article by a court of competent jurisdiction.

C. After a cease and desist order is served on any person, either that person or the director may file an action in the superior court in the county in which a violation of this article is alleged to have occurred for an adjudication of the alleged violation. The court may issue temporary or permanent injunctions, mandatory or restraining, and intermediate orders it deems necessary or advisable. The court may order condemnation of any pesticide or device that does not meet the requirements of this article. The action shall be tried de novo.

D. If the article is condemned, it shall be disposed of, after entry of decree, by destruction or sale as the court directs, and the proceeds, if the article is sold, less legal costs, shall be paid into the pesticide trust fund. On payment of costs and execution and delivery of a good and sufficient bond conditioned so that the article shall not be disposed of unlawfully, the court may direct that the article be delivered to the owner of the article for relabeling or reprocessing as the case may be.

E. When a decree of condemnation is entered against the article, court costs, fees and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article.
A.R.S. § 3-1339 — Arizona Code / Title 3 / Chapter 11 / Article 5 / Section 1339
3-1339 Mobile slaughtering units; custom slaughtering; brand inspections
Status: in_force

3-1339. Mobile slaughtering units; custom slaughtering; brand inspections

A. A mobile slaughtering unit or a locker plant slaughtering livestock on a custom basis shall notify the local livestock officer or inspector before any slaughtering operation. If brand inspection of an animal is not conducted before slaughter, the mobile slaughterer or the locker plant slaughtering the animal shall retain the hide for a forty-eight hour period for inspection by a livestock officer or inspector.

B. Mobile slaughtering units and locker plants which slaughter livestock shall maintain accurate records of the number of animals slaughtered, their source and ownership and the brands on the animals. These records shall be available for inspection by a livestock officer or inspector during regular business hours.

C. All locker plants and mobile slaughtering units licensed by this state shall collect the brand inspection fees provided for by law and rules of the director and all other fees provided for by law or rule to be collected by the department for each animal slaughtered and remit the fees to the department.
A.R.S. § 3-671 — Arizona Code / Title 3 / Chapter 4 / Article 3 / Section 671
3-671 Conformity
Status: in_force

3-671. Conformity

A. Where any conflict with any other provisions of this chapter shall occur, this article shall control.

B. Where any conflict with federal law or federal regulations adopted in accordance with federal law shall occur in this article, such federal law or regulations shall control.
A.R.S. § 3-499 — Arizona Code / Title 3 / Chapter 3 / Article 4 / Section 499
3-499 Shipping point and terminal market inspections; fees; Arizona federal-state inspection fund
Status: in_force

3-499. Shipping point and terminal market inspections; fees; Arizona federal-state inspection fund

A. The department may:

1. Conduct shipping point and terminal market inspections of fresh fruit, vegetables and other products pursuant to one or more cooperative agreements with the United States department of agriculture.

2. Establish and collect inspection fees for work performed under any such agreement. The fees shall be reasonable and adequate to cover the cost of the services performed.

3. Prepare, furnish and retain program reports as prescribed by the cooperative agreement.

B. The Arizona federal-state inspection fund is established consisting of revenues from fees and expenses collected pursuant to this section. 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 exempt from the provisions of section 35-190 relating to lapsing of appropriations.

C. Monies in the fund are continuously appropriated to the department and may be used only for conducting work under, and related expenses prescribed by, the cooperative agreement. The department shall maintain a complete accounting of all receipts and disbursements from the fund. The fund is subject to such periodic independent audits as prescribed by the cooperative agreement.
A.R.S. § 3-468.06 — Arizona Code / Title 3 / Chapter 3 / Article 2.1 / Section 468.06
3-468.06 Arizona citrus trust fund
Status: in_force

3-468.06. Arizona citrus trust fund

A. The Arizona citrus trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article.  Monies collected pursuant to this article shall be deposited in the trust fund.

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

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

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

E. If the council is terminated, any monies in the trust fund shall be expended to meet existing legal obligations of the council. The council shall expend any remaining monies on any program consistent with this article.
A.R.S. § 3-3618 — Arizona Code / Title 3 / Chapter 20 / Article 2 / Section 3618
3-3618 Fees
Status: in_force

3-3618. Fees

A. The director shall establish by rule and collect application and renewal fees for the following:

1. A business license.

2. A branch office registration.

3. A branch supervisor registration.

4. A qualifying party registration.

5. A temporary qualifying party registration.

6. A temporary qualifying party renewal registration.

7. An applicator certification.

8. A qualified applicator certification.

9. An applicator registration.

10. A duplicate license.

B. The director may charge and collect late fees in addition to the fees listed in subsection A of this section.

C. The director may establish tiered fees for business licenses.

D. The director may charge and collect additional fees for goods and services that the director considers to be appropriate to carry out the intent and purpose of this chapter.  These additional fees shall not exceed the costs of providing the goods or rendering the services.
A.R.S. § 3-3611 — Arizona Code / Title 3 / Chapter 20 / Article 2 / Section 3611
3-3611 License and registration exemptions
Status: in_force

3-3611. License and registration exemptions

A. The provisions of this chapter requiring licensure and registration do not apply to:

1. Persons applying nonrestricted use pesticides on residential property that they own and occupy or that they own and that is not occupied.

2. Authorized representatives of any educational institution engaged in research in the study of pest management or a state agency engaged in research or the study of pest management.

3. Persons using a nonrestricted, ready-to-use disinfectant, sanitizer or deodorizer.

4. A utility and the utility's employees if pest management services are needed for an employee's health and safety in order for the employee to continue performing work tasks.

5. Persons using an over-the-counter antimicrobial to treat a swimming pool.

6. Persons using a device that is exempt pursuant to section 3-3603, subsection B, paragraph  17.

7. Persons who are exempt pursuant to section 3-3612 or 3-3613.

B. An individual is not required to have a separate business license to engage in the business of pest management on behalf of a business licensee or as an employee of a political subdivision.

C. The director by rule may exempt from sections 3-3615 and 3-3616 a certified applicator who performs inspections but does not make recommendations, estimates, bids or contracts for treatment or use pesticides or devices for pest management and may prescribe alternative requirements and conditions.
A.R.S. § 3-526 — Arizona Code / Title 3 / Chapter 3 / Article 4.2 / Section 526
3-526 Definitions
Status: in_force

3-526. Definitions

In this article, unless the context otherwise requires:

1. "Council" means the Arizona iceberg lettuce research council.

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

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

4. "Iceberg lettuce" means varieties of lettuce produced in this state of the types which are distinguished as "crisphead" in the publication entitled "lettuce production in the United States, agricultural handbook no. 221", August 1974 revision, issued by the agricultural research service of the United States department of agriculture.  Iceberg lettuce does not include the types of lettuce distinguished in such publication by the terms "butterhead", "cos or romaine" and "looseleaf".

5. "Producer" means a person engaged in this state in the business of producing or causing to be produced iceberg lettuce.
A.R.S. § 3-724 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 724
3-724 Misrepresentation of quality
Status: in_force

3-724. Misrepresentation of quality

A. No person shall advertise or sell eggs as fresh eggs or represent them to be fresh eggs unless they meet the requirements for grade A or better.

B. No person shall advertise, represent or sell eggs as local eggs unless the eggs have been produced within this state and meet the requirements for grade A or better.
A.R.S. § 3-164 — Arizona Code / Title 3 / Chapter 1 / Article 5 / Section 164
3-164 Listing property on register
Status: in_force

3-164. Listing property on register

A. The commission shall provide written notification to the owner, and applicant if different from the owner, of its decision on listing the property on the register.

B. If the commission lists the property on the register:

1. The commission shall include, with the notice under subsection A of this section, a certificate signed by the secretary of state, the president of the senate, the speaker of the house of representatives and the chairperson of the commission describing the property and designating it as Arizona heritage agriculture property.

2. The owner of the property may identify the property as Arizona heritage agriculture property using signs, monuments, plaques, letterheads and other identifiers.

C. The designation of property as Arizona heritage agriculture property:

1. Is an honorific recognition only, and does not confer any other right or privilege except as provided by this article.

2. Does not affect the right to use, convey, encumber, alter or exercise any other right of ownership at the owner’s discretion, and no person may impair or affect the owner’s property rights based on the designation of the property as Arizona heritage agriculture property.

3. Terminates if the property no longer meets the requirements of section 3-162, subsection C.  The commission may require the owner to file an annual affidavit that the property continues to qualify under this article.
A.R.S. § 3-345 — Arizona Code / Title 3 / Chapter 2 / Article 5 / Section 345
3-345 Publications; membership in professional organizations
Status: in_force

3-345. Publications; membership in professional organizations

A. The department may publish, at such times and in such forms as the director deems proper, information concerning the production and use of pesticides and reports of chemists' findings based on official samples taken of pesticides sold within the state as compared with guaranteed analyses registered under section 3-351.

B. The director may authorize employees of the department to:

1. Join and subscribe to any state, district, regional or national organizations or publications relating to and dealing with pesticides.

2. Attend state, district, regional and national meetings relating to pesticides that in the director's discretion may be necessary or for the best interests of those affected by this article.

C. Expenses authorized by this section shall be paid from and limited by the pesticide trust fund.
A.R.S. § 3-2126 — Arizona Code / Title 3 / Chapter 13 / Article 4 / Section 2126
3-2126 Signs required for sale of horsemeat
Status: in_force

3-2126. Signs required for sale of horsemeat

A. It is unlawful to offer horsemeat for sale for human consumption unless there is prominently displayed in conjunction therewith a sign bearing the words, in letters not less than eight inches in height and three inches in width, "horsemeat for human consumption." A restaurant or other public eating place offering horsemeat for human consumption shall have stamped on its menu, in green letters not less than one-half inch in height and one-fourth inch in width, and shall display in a conspicuous place, in letters not less than four inches in height and one-half inch in width, a sign bearing the words "horsemeat served here."

B. When a sign containing the words "horsemeat," "pet food," "pet meat," or any other words meant to signify horsemeat or pet food containing horsemeat not for human consumption is displayed on the outside or inside of an establishment offering for sale or on a vehicle delivering such products, there shall be displayed in conjunction therewith a sign, in letters at least equal in size, bearing the words, "horsemeat not inspected for human consumption."
A.R.S. § 3-109.03 — Arizona Code / Title 3 / Chapter 1 / Article 1 / Section 109.03
3-109.03 Livestock operator fire and flood assistance grant program; requirements; fund; exemption; definition
Status: in_force

3-109.03. Livestock operator fire and flood assistance grant program; requirements; fund; exemption; definition

A. The livestock operator fire and flood assistance grant program is established under the department to provide grant monies to landowners and lessees of a livestock operation of more than forty animals under normal operating conditions for infrastructure projects that are required as a result of a wildfire or associated flooding and that are either:

1. Not eligible for funding from another federal or state program.

2. Partially funded by another federal or state program.

B. The department shall:

1. Develop guidelines and criteria to implement the program, including an application process that includes a description of the intended use for the grant monies.

2. Award all grants pursuant to title 41, chapter 24.

3. Not grant more than fifty percent of the monies in the livestock operator fire and flood assistance fund for infrastructure projects on land in one county in any fiscal year.

4. Ensure that grants from the livestock operator fire and flood assistance grant program do not exceed more than:

(a) Fifty percent of the total costs of any infrastructure project.

(b) An aggregate of $250,000 per livestock operation for infrastructure projects that are required as a result of a single wildfire and that wildfire's associated flooding.

5. Require each grantee to submit to the department, within twelve months after receiving the grant, a written report detailing how the grant monies were used to achieve the infrastructure project described in the application.  If the infrastructure project takes longer than one year to complete, the grantee shall submit a written report to the department annually until the infrastructure project is complete.

6. On or before December 31 of each year, submit a report of the disposition of monies appropriated to the livestock operator fire and flood assistance fund each fiscal year to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the secretary of state and to any person who requests a copy.

C. The department is exempt from title 41, chapter 6 with respect to adopting rules for the purposes of this section, except that the department shall provide for public notice and sixty days for public comment on the annual grant guidelines and criteria, including public hearings.

D. The livestock operator fire and flood assistance fund is established consisting of federal monies, legislative appropriations from the state general fund, public and private grants and private donations received for the purpose of providing grant monies to landowners and lessees of a livestock operation of more than forty animals under normal operating conditions for infrastructure projects pursuant to this section. The department shall administer the fund. Monies in the fund are continuously appropriated. On notice from the department, 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 exempt from the provisions of section 35-190 relating to lapsing of appropriations.

E. The department may use up to five percent of the monies appropriated to the livestock operator fire and flood assistance fund in any fiscal year for the purposes of administering the program.

F. For the purposes of this section, "infrastructure" includes wells, buildings, fences, pipelines, spring and water developments, corrals and other essential components to a livestock operation.
A.R.S. § 3-1086.01 — Arizona Code / Title 3 / Chapter 10 / Article 1 / Section 1086.01
3-1086.01 Colored cotton fee
Status: in_force

3-1086.01. Colored cotton fee

A. On or before July 1 of each year:

1. The department shall submit a proposed budget to the council for enforcing rules regarding colored cotton production.

2. The council may assess a fee of not more than three dollars per bale of colored cotton produced in this state to provide sufficient monies to enforce the rules for colored cotton production. Before establishing the annual fee, the council shall adopt a budget for colored cotton enforcement activities.

B. Cotton gins shall collect the fee and remit the monies to the council on or before April 1 of each year according to the procedures and on forms that the council prescribes.

C. A cotton producer is responsible for payment of the fee required by this section unless the fee is withheld for payment to the council by a gin.

D. Title 41, chapter 6 does not apply to setting the fee under this section, but the council shall provide sixty days' advance notice of the meeting at which the fee will be adopted and the amount of the proposed fee. The council shall receive public testimony at the meeting regarding the fee.

E. The council may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 with the department to provide necessary enforcement services for colored cotton.
A.R.S. § 3-2054 — Arizona Code / Title 3 / Chapter 13 / Article 2 / Section 2054
3-2054 Requirements for meat processors
Status: in_force

3-2054. Requirements for meat processors

A. Establishment of meat processors licensed to prepare and offer for sale meat or meat food products shall meet the following requirements:

1. The floors shall be of suitable finish so that they may be kept clean and sanitary.

2. There shall be washable walls.

3. All outside windows and doors shall be screened.

4. There shall be adequate potable water conforming with the minimum requirements of the department of health services.

5. Employees shall be provided with adequate toilet and hand washing facilities with both hot and cold running water and separate facilities when both sexes are employed.

6. There shall be an adequate sewage disposal system of such type that it shall not be a breeding place for flies and shall not constitute a hazard or endanger public health and it shall conform with the minimum requirements of the department of health services.

B. All such processing establishments shall be maintained in a sanitary condition and the plant and premises shall be subject to inspection by the chief veterinary meat inspector or his deputies at any time during their operation, whether it be by day or night, and to every part of such establishment. At least one inspection shall be made daily and additional inspections may be made if it is deemed necessary. If such premises are found to be in an unsanitary condition or the operations are being conducted in an unsanitary manner so as to endanger public health, the associate director may suspend or revoke the license of the processing establishment as provided in section 3-1206. Meat processors are not subject to overtime fees for inspections under this section.

C. Any meat processor other than a slaughtering establishment which wishes to be assigned an establishment number shall make a written application to the division for a number. The division upon receipt of the application shall request the chief veterinary meat inspector to make an inspection of the premises of the meat processor. If the establishment is found clean and sanitary and meets the requirements of subsection A of this section, the associate director shall authorize the granting of an establishment number to the applicant. Applicants granted the use of an establishment number shall:

1. Have a daily inspection visit by the chief veterinary meat inspector or one of his deputies.

2. Allow all meats used for processing to be subjected to reinspection and condemnation in whole or in part, if necessary.

3. Permit the inspectors to inspect all the operations in the processing of meat and meat food products so as to assure that such operations are being conducted in a clean and wholesome manner and in conformity with the provisions of this chapter.

4. Use only "Arizona inspected and passed" meats or United States department of agriculture inspected and passed meats in the preparation of all meat and meat food products.

D. A slaughtering establishment with state meat inspection service which processes meat or meat food products shall:

1. Allow all meats used for processing to be subjected to reinspection and condemnation in whole or in part, if necessary.

2. Permit the inspectors to inspect all the operations in the processing of meat and meat food products so as to assure that such operations are being conducted in a clean and wholesome manner and in conformity with the provisions of this chapter.

3. Use only "Arizona inspected and passed" meats or United States department of agriculture inspected and passed meats in the preparation of all meat and meat food products.
A.R.S. § 3-468.01 — Arizona Code / Title 3 / Chapter 3 / Article 2.1 / Section 468.01
3-468.01 Arizona citrus research council; appointment; term
Status: in_force

3-468.01. Arizona citrus research council; appointment; term

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

1. Two producers from district one, including Yuma county.

2. One producer from district two, including Maricopa, Pima and Pinal counties.

3. Two producers appointed at large.

B. The governor may consult with any recognized organization in this state that represents citrus producers in appointing members to the council.

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

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

1. The member is no longer a producer.

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

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

E. Members of the council are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
A.R.S. § 3-1206 — Arizona Code / Title 3 / Chapter 11 / Article 1 / Section 1206
3-1206 Suspension, revocation or termination of licenses and agreements; hearing
Status: in_force

3-1206. Suspension, revocation or termination of licenses and agreements; hearing

A. Any license issued by the division may be suspended or revoked for violation or noncompliance with:

1. Any provision of this title.

2. Any rule issued pursuant to this title.

3. Any condition of the license.

B. A license or agreement may be suspended, revoked or otherwise terminated or a civil penalty or other administrative sanction may be imposed only after an opportunity for a hearing conducted pursuant to, or as otherwise allowed by, title 41, chapter 6, article 10.
A.R.S. § 3-231 — Arizona Code / Title 3 / Chapter 2 / Article 2 / Section 231
3-231 Definitions
Status: in_force

3-231. Definitions

In this article, unless the context otherwise requires:

1. "Advertisement" means all representations, other than those on the label, made in any manner relating to seed within the scope of this article.

2. "Agricultural seed" means the seeds of grass, forage, cereal, and fiber crops and any other kinds of seeds commonly recognized within this state as agricultural seeds, lawn seeds and mixtures of such seeds, and may include noxious-weed seeds when the department determines that such seed is being used as agricultural seed.

3. "Cease and desist order" means an administrative order provided by law restraining the sale, use, disposition and movement of a definite amount of seed.

4. "Certified seed" or "registered seed" means seed that has been produced and labeled in accordance with the procedures and in compliance with the rules and regulations of an officially recognized seed-certifying agency.

5. "Custom application" means an application of pesticide to a seed by a pesticide applicator who does not hold title to the seed.

6. "Dealer" means any person who sells seed.

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

8. "Established plant, warehouse, or place of business" means any permanent office headquarters maintained by an importer, broker, seller or authorized manufacturer's agent, or any permanent warehouse, building or structure in or from which a permanent business is operated, at which stocks of agricultural seed, vegetable seed or ornamental plant seed regulated by this article are sold, distributed, processed, mixed, stored or kept.

9. "Hybrid" means the first generation seed of a crossbreed produced by controlling pollination and by combining two or more inbred lines, or one inbred or a single crossbreed with an open pollinated variety, or two varieties or species, except open pollinated varieties of corn (zea mays). The second generation, or subsequent generations from such crosses, shall not be regarded as crosses. Hybrid designations shall be treated as variety names. Any kinds or varieties that have pure seed which is less than ninety-five per cent but more than seventy-five per cent hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to show the percentage of pure seed that is hybrid seed, or shall be labeled with a statement such as "contains from seventy-five per cent to ninety-five per cent hybrid seed". No one kind of seed shall be labeled as hybrid if the pure seed contains less than seventy-five per cent hybrid seed.

10. "Inoculant" means a commercial preparation containing nitrogen-fixing bacteria that is applied to seed.

11. "Kind" means one or more related species or subspecies which singly or collectively are known by one common name, such as corn, oats, alfalfa and timothy.

12. "Label" means any label or other written, printed or graphic representations, in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers and includes representations or invoices.

13. "Labeler" means any person whose name and address appear on the label pertaining to or attached to a lot or container of agricultural, vegetable or ornamental plant seed sold, offered for sale, exposed for sale or transported for sowing purposes.

14. "License" means an Arizona state seed license that is obtained from the department.

15. "Lot" means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which appear in the labeling.

16. "Noxious-weed seeds" means "prohibited noxious-weed seeds" and "restricted noxious-weed seeds" as defined as follows and as listed in the rules adopted under this article.

(a) "Prohibited noxious-weed seeds" are the seeds of perennial or annual weeds which, when established, are highly destructive and difficult to control by ordinary good cultural practice and the seed of which is prohibited by this article subject to recognized tolerances.

(b) "Restricted noxious-weed seeds" are all noxious-weed seed not classified as prohibited noxious-weed seed.

17. "Ornamental plant seed" means the seed of any plant used for decorative or ornamental purposes and includes flower seed.

18. "Person" means any individual, partnership, corporation, company, society or association.

19. "Pure seed", "germination" and other seed labeling and testing terms in common usage shall be defined as in the federal seed act (53 Stat. 1275; 7 United States Code sections 1551 through 1611) and the rules and regulations promulgated under that act.

20. "Record" means all information relating to the shipment or shipments involved and includes a file sample of each lot of seed.

21. "Sell" means offer for sale, expose for sale, possess for sale, exchange, barter or trade.

22. "Treated" means that the seed has received an application of a substance or process that is designed to reduce, control or repel certain disease organisms, insects or other pests attacking such seeds or seedlings growing from the seeds.

23. "Type" means either a group of varieties so similar that the individual varieties cannot be clearly differentiated except under special conditions or, when used with a variety name, seed of the variety named which may be mixed with seed of other varieties of the same kind and of similar character. If type is designated, the designation may be associated with the name of the kind but in all cases shall be clearly associated with the word "type". If the type designation does not include a variety name, it shall include a name that describes a group of varieties of similar character, and the pure seed shall be at least ninety per cent of one or more varieties all of which conform to the type designation.

24. "Variety" means a subdivision of a kind characterized by growth, yield, plant, fruit, seed or other characteristics by which it can be differentiated from other plants of the same kind.

25. "Vegetable seeds" means seeds of those crops which are grown in gardens and on truck farms and are generally known and sold under the name of vegetable seeds in this state.

26. "Weed seeds" means the seeds of all plants generally recognized as weeds within this state and includes noxious-weed seeds.
A.R.S. § 3-2001 — Arizona Code / Title 3 / Chapter 13 / Article 1 / Section 2001
3-2001 Definitions
Status: in_force

3-2001. Definitions

In this chapter, unless the context otherwise requires:

1. "Adulterated" shall apply to any carcass, part thereof, meat or meat food product under one or more of the following circumstances if:

(a) It bears or contains any poisonous or deleterious substance which may render it injurious to health, but in case the substance is not an added substance, such article shall not be considered adulterated if the quantity of such substance in or on such article does not ordinarily render it injurious to health.

(b) It bears or contains, by reason of administration of any substance to the live animal or otherwise, any added poisonous or added deleterious substance other than one which is a pesticide chemical in or on a raw agricultural commodity, a food additive or a color additive which may in the judgment of the director or his authorized representative make such article unfit for human food.

(c) It is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of section 408 of the federal food, drug and cosmetic act, any food additive which is unsafe within the meaning of section 409 of the federal food, drug and cosmetic act or any color additive which is unsafe within the meaning of section 706 of the federal food, drug and cosmetic act. An article which is not otherwise deemed adulterated under this subdivision is nevertheless deemed adulterated if use of the pesticide chemical, food additive or color additive in or on such article is prohibited by rules of the director.

(d) It consists in whole or in part of any substance unfit for human food.

(e) It has been prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health.

(f) It is in whole or in part the product of any animal which has died otherwise than by slaughter.

(g) Its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.

(h) It has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to section 409 of the federal food, drug and cosmetic act.

(i) Any valuable constituent has been in whole or in part omitted or abstracted therefrom, or if any substance has been substituted, wholly or in part therefor, or if damage or inferiority has been concealed in any manner, or if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.

(j) It is margarine containing animal fat and any of the raw material used therein consisted in whole or in part of any substance unfit for human food.

2. "Arizona inspected and passed" means the carcasses and parts of carcasses have been inspected, stamped and passed in slaughtering establishments with state meat inspection service, and the carcasses and parts of carcasses used by such a slaughtering establishment or by a meat processor have been re-inspected and the operations in the preparation of meat and meat food products have been approved in accordance with the provisions of this chapter.

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

4. "Broker" means a person engaged in the business of buying or selling carcasses, parts of carcasses, meat or meat food products of livestock on commission or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person.

5. "Carcass" means all parts, including viscera, of a slaughtered animal that are capable of being used for human food.

6. "Chief veterinary meat inspector" means a qualified licensed veterinarian appointed by the director to supervise the state meat inspection service for the state and to carry out the provisions of this chapter.

7. "Condemned" means the carcass, the viscera, parts of carcasses, meat, meat by-product or meat food products, so marked or identified, is unsound, unhealthful, unwholesome or otherwise unfit for human food, or an animal which has been inspected and found to be in a dying condition or affected with any other condition or disease that would require condemnation of its carcass.

8. "Distributor" means a person, firm or corporation that is engaged in the business of receiving carcasses, meat, meat food products, meat by-products, poultry or poultry products from state or federally inspected establishments and storing and distributing properly identified products to commercial outlets, processors or individuals and that conducts no processing.

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

10. "Establishment" means a mobile or stationary building, plant, vehicle or structure where meat or meat food products are slaughtered or processed or offered for sale.

11. "Exempt processor" means any person preparing for compensation carcasses, meat or meat food products derived from the slaughter by any individual of cattle, sheep, swine or goats, or game animals delivered by the owner for such processing and the intrastate transportation of meat food products exclusively for use by the owner, his family, members of his household, and his nonpaying guests and employees.

12. "Exempt slaughterer" means a person engaged for compensation in this state in the business of slaughtering or dressing animals for human consumption which are not to be sold or offered for sale.

13. "Inspector" includes chief veterinary meat inspector, veterinary meat inspector, lay meat inspector, livestock officer or any other employee appointed by the associate director, with the approval of the director, to carry out the purposes of this chapter, the livestock laws and rules adopted thereunder.

14. "Lay meat inspector" means any person qualified by the chief veterinary meat inspector and appointed by the associate director, with the approval of the director, to work under the supervision of the chief veterinary meat inspector.

15. "Livestock officer" means a livestock officer employed by the department pursuant to section 3-1208.

16. "Meat" means the edible part of the muscle of cattle, sheep, swine, goats or equines which is skeletal or which is found in the tongue, in the diaphragm, in the heart or in the esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing. It does not include the muscle found in the lips, snout or ears.

17. "Meat by-product" means any edible part other than meat which has been derived from one or more cattle, sheep, goats, swine, horses, mules or other equines.

18. "Meat food product" means any article of food or any article intended for or capable of being used as human food which is derived or prepared, in whole or in substantial and definite part, from any portion of any cattle, sheep, swine, goats, horses, mules or other equines, except such articles as organotherapeutic substances, meat juice, meat extract, and the like, which are only for medicinal purposes and are advertised only to the medical profession.

19. "Meat processor" means any person, including jobbers, wholesalers or slaughtering establishments, who changes meat or meat food products in any way by cutting, mixing, blending, canning, curing or otherwise preparing meat or meat food products for human consumption.

20. "Meat wholesaler or jobber" means any person with an established place of business who buys meat or meat food products and offers them for resale, for sale to restaurants or for sale to the consuming public.

21. "Misbranded" shall apply to any carcass, part thereof, meat or meat food product under one or more of the following circumstances, if:

(a) Its labeling is false or misleading in any particular.

(b) It is offered for sale under the name of another food.

(c) It is an imitation of another food, unless its label bears in contrasting color, and in type of uniform size and prominence, the word "imitation" and immediately thereafter, the name of the food imitated.

(d) Its container is so made, formed or filled as to be misleading.

(e) In a package or other container unless it bears a label showing the name and place of business of the manufacturer, packer or distributor and an accurate statement of the quantity of the contents in terms of weight, measure or numerical count, provided that reasonable variations may be permitted, and exemptions as to small packages or articles not in packages or other containers may be established, by rules prescribed by the director.

(f) Any word, statement or other information required to appear on the label or other 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 render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(g) It purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by rules of the director unless it conforms to such definition and standard, and its label bears the name of the food specified in the definition and standard and, insofar as may be required by such rules, the common names of optional ingredients, other than spices, flavoring and coloring, present in such food.

(h) It purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by rules of the director and it falls below the standard of fill of container, unless its label bears, in such manner and form as such rules specify, a statement that it falls below such standard.

(i) It is not subject to the provisions of subdivision (g), unless its label bears both:

(i) The common or usual name of the food, if any.

(ii) In case it is fabricated from two or more ingredients, the common or usual name of each such ingredient, except that spices, flavorings and colorings may, when authorized by the department, be designated as spices, flavorings and colorings without naming each. To the extent that compliance with the requirements of this item is impracticable, or results in deception or unfair competition, exemptions shall be established by rules of the director.

(j) It purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as the director, after consultation with the secretary of health and human services of the United States, determines to be and by rules prescribes as necessary in order fully to inform purchasers as to its value for such uses.

(k) It bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling stating that fact. To the extent that compliance with the requirements of this subdivision is impracticable, exemptions shall be established by rules of the director.

(l) It fails to bear directly thereon or on its containers, as the director may by rules prescribe, the inspection legend and, unrestricted by any of the foregoing, such other information as the director may require in such rules to assure that it will not have false or misleading labeling and that the public will be informed of the manner of handling required to maintain the article in a wholesome condition.

22. "Peddler" means any person without an established place of business who buys meat or meat food products and offers them for resale, for sale to restaurants or for sale to the consuming public.

23. "Restaurant" means any person who cooks or otherwise prepares and serves meat or meat food products for consumption by the ultimate consumer.

24. "Retailer" means any person other than a restaurant who sells meat or meat food products to the ultimate consumer.

25. "Slaughter" means to kill cattle, sheep, swine, goats, horses, mules or other equines and to prepare the carcasses or parts of carcasses for human consumption.

26. "Slaughterer" means any person who slaughters cattle, sheep, swine, goats, horses, mules or other equines in a slaughtering establishment and prepares the carcasses or parts of carcasses for human consumption.

27. "Slaughtering establishment", "slaughterhouse" or "slaughtering plant" includes all premises where animals are slaughtered and prepared for food purposes.

28. "State meat inspection service" means the meat inspection provided in sections 3-2041 through 3-2047 and sections 3-2049, 3-2051 and 3-2052, providing approved slaughtering plants with inspectors during all periods of slaughter to conduct antemortem and postmortem inspections of all cattle, sheep, swine, goats, horses, mules or other equines slaughtered.

29. "Veterinary meat inspector" means a qualified licensed veterinarian appointed by the associate director, with the director's approval, to work under the direction of the chief veterinary meat inspector.
A.R.S. § 3-3491 — Arizona Code / Title 3 / Chapter 19 / Article 6 / Section 3491
3-3491 Standards for oxygenated fuel; volatility; exceptions
Status: in_force

3-3491. Standards for oxygenated fuel; volatility; exceptions

A. From and after September 30 through March 31 of each year, in a county with a population of one million two hundred thousand or more persons and in any portion of a county contained in area A, blends of gasoline with ethanol shall not exceed the volatility requirements prescribed by section 3-3433 and rules adopted by the associate director under that section.  From and after September 30 through March 31 of each year, in area B, blends of gasoline with ethanol may exceed the volatility requirements prescribed by section 3-3433 and rules adopted by the associate director under that section by up to one pound per square inch if the base fuel meets the requirements of ASTM D4814 and the final gasoline-ethanol blend contains at least six percent ethanol by volume but does not exceed United States environmental protection agency waivers.  For any other locations and period of time, blends of gasoline with ethanol shall meet the volatility requirements as determined by division rule.

B. Notwithstanding subsection D of this section, the associate director of the division in consultation with the director of the department of environmental quality shall approve alternate fuel control measures that are submitted by gasoline providers and that the director and the associate director determine will result in motor vehicle carbon monoxide emission reductions that will equal or exceed the reductions that result under subsection D of this section. In making those determinations, the director of the department of environmental quality and the associate director shall compare the alternative measure against the emission reduction that would be obtained from a fuel with the maximum vapor pressure standard prescribed by subsection D of this section and the minimum oxygen standard prescribed by section 3-3492 or 3-3495.  Alternative fuel control measures approved by the associate director of the division in consultation with the director of the department of environmental quality may be used by any gasoline provider unless the approval is rescinded by the associate director of the division at least one hundred eighty days before the beginning of any oxygenate period in the future. Gasoline providers that choose to use an approved alternate fuel control measure shall annually submit a compliance plan to the associate director not later than sixty days before the start of the oxygenate period.

C. From and after September 30 through March 31 of each year, all blends of gasoline with alcohol other than ethanol shall satisfy all of the requirements prescribed by section 3-3433 and rules adopted by the associate director under that section and the provisions of a waiver issued by the United States environmental protection agency pursuant to 42 United States Code section 7545(f).

D. Notwithstanding subsection A of this section, if the director of the department of environmental quality has previously raised the minimum oxygen content to the maximum percentage of oxygen allowed for each oxygenate as provided by section  3-3495, the designated air quality planning agency for area B has considered, analyzed and reviewed the costs and benefits of all other reasonable and available control measures in lieu of reducing volatility requirements to nine pounds per square inch and the director of the department of environmental quality finds that area B has failed to maintain the carbon monoxide national ambient air quality standards by violating the standard, beginning with the oxygenate period beginning on the following September 30 and for each oxygenate period thereafter in area B, the volatility requirements described by section 3-3433, subsection G may be reduced to nine pounds per square inch. If a violation of the carbon monoxide national ambient air quality standards is recorded after the volatility requirements have been reduced to nine pounds per square inch, the director of the department of environmental quality shall remove the one pound per square inch waiver for gasoline-ethanol blends.

E. Gasoline that is supplied or sold by any person and that is intended as a final product for the fueling of motor vehicles within this state shall not contain the following:

1. Methyl tertiary butyl ether that exceeds 0.3 percent by volume.

2. A total of more than 0.10 percent oxygen by weight collectively from all of the following oxygenates:

(a) Diisopropylether (DIPE).

(b) Ethyl tert-butylether (ETBE).

(c) Isopropanol.

(d) Methanol.

(e) N-butanol.

(f) N-propanol.

(g) Sec-butanol.

(h) Tert-amylmethylether (TAME).

(i) Tert-butanol.

(j) Tert-pentanol (tert-amylalcohol).

F. Subsection E of this section does not prohibit the transshipment through this state, including storage incident to that transshipment, of gasoline that contains the oxygenates prescribed by subsection E of this section if both of the following apply:

1. The gasoline is used or disposed outside this state.

2. The gasoline is segregated from gasoline that is intended for use inside this state.
A.R.S. § 3-3451 — Arizona Code / Title 3 / Chapter 19 / Article 4 / Section 3451
3-3451 Licensing devices used for commercial purposes; authorization to test devices used for all other purposes; fees; certification; issuance of license; violation; classification
Status: in_force

3-3451. Licensing devices used for commercial purposes; authorization to test devices used for all other purposes; fees; certification; issuance of license; violation; classification

A. A person shall not use a commercial device unless the device is licensed or certified as provided in this chapter.

B. A license shall be obtained annually from the division on forms prescribed and furnished by the division. The fee prescribed in this chapter shall be submitted with the prescribed form.  A license shall be obtained not later than thirty days following the first day of commercial use for original installations.  If the ownership of a device that is licensed is transferred, the ownership of the license may be transferred. On transfer of a license, new licensees shall notify the division of the licensee's name and address and the location of the device.  A license for a device shall be posted at the licensed business location in a manner that provides the division with access to the license during normal business hours. The division may issue or renew a device license for two or three years at the option of the applicant or licensee if the applicant or licensee pays the total amount of applicable annual fees in full at the time of issuance or renewal.

C. Any license issued under this chapter applies only to the instrument or device specified in the license, except that the associate director may allow the license to apply to a replacement for the original instrument or device.

D. Noncommercial devices may be tested by the division pursuant to this chapter. A weighing device owned by a person who uses it only for the purpose of weighing the person's own livestock or agricultural products and for no commercial purposes is declared to be a noncommercial device, and the owner of the device is exempt from paying any licensing fees collected pursuant to this chapter.

E. If a commercial livestock scale is used for thirty or more days in a calendar year, the scale is required to be licensed. If a commercial livestock scale is used for fewer than thirty days in a calendar year, the scale is required to be certified. If an owner or operator of a commercial livestock scale requests that the division certify the scale, the certification fee shall be comparable to the license fee prescribed in section 3-3452.  If an owner or operator of a noncommercial scale requests that the division certify the scale, the certification fee shall be comparable to the license fee prescribed in section 3-3452.

F. At the request of the owner or user of a portable batch plant, the division may certify the portable batch plant. If the division certifies a portable batch plant, the certification fee shall be comparable to the license fee prescribed in section 3-3452.

G. Any portable measuring device that is five gallons or less and that is properly marked by the manufacturer according to standards established by the national institute of standards and technology is exempt from the licensing and certification provisions of this chapter.

H. For the purpose of ascertaining compliance with the licensing provisions of this article, the department of revenue shall provide the division with a monthly report of all transaction privilege tax licenses issued in the prior month.  The report shall include the business name, type of business and business address of the licensee.

I. The department of revenue shall annually notify each transaction privilege tax licensee that the licensee is required to register new or existing weighing or measuring devices with the division.

J. A person or the person's agent who knowingly files with the division any notice, statement or other document required under this section that is false or that contains any material misstatement of fact is guilty of a class 2 misdemeanor.
A.R.S. § 3-2605 — Arizona Code / Title 3 / Chapter 15 / Article 1 / Section 2605
3-2605 Inspection; official samples; analysis; report
Status: in_force

3-2605. Inspection; official samples; analysis; report

A. The director, who may act through an authorized agent, shall sample, inspect, analyze and test commercial feeds and customer-formula feeds distributed within the state at such time and place and to such an extent as the director deems necessary to determine whether or not such feeds are in compliance with the provisions of this article. The director, individually or through an agent, may enter upon any public or private premises during regular business hours in order to have access to feeds, facilities, vehicles and records subject to the provisions of this article and the rules adopted by the director. If the owner of any factory, warehouse or establishment, or an agent, refuses to admit the director or an agent to inspect in accordance with this subsection, the director may obtain from any state court a warrant directing such owner or an agent to submit the premises described in such warrant to inspection.

B. The methods of sampling and analyzing shall be those adopted by the director.

C. The director, in determining for administrative purposes whether or not a commercial feed or customer-formula feed is deficient in any component, shall be guided solely by the official sample as defined in section 3-2601 and obtained and analyzed as provided in subsection B of this section.

D. When the inspection and analysis of an official sample indicate a commercial feed or customer-formula feed has been adulterated or misbranded, the results of the analysis shall be forwarded immediately by the department to the distributor and the purchaser. Upon receipt of a request within thirty days after transmitting the results of the analysis, the department shall furnish to the registrant a portion of the sample concerned.
A.R.S. § 3-2083 — Arizona Code / Title 3 / Chapter 13 / Article 3 / Section 2083
3-2083 Authority of inspector to search for and seize unstamped meat
Status: in_force

3-2083. Authority of inspector to search for and seize unstamped meat

Inspectors may stop and search without warrant any vehicle, and may search without warrant any container which the inspector suspects contains unstamped meat, and if any is found it shall be taken by the inspector. Unless proof is submitted within twenty-four hours after such seizure which satisfies the inspector that the person from whom the meat was taken is the lawful owner thereof, such meat shall be forfeited to the state and sold or disposed of by the agency.
A.R.S. § 3-1333 — Arizona Code / Title 3 / Chapter 11 / Article 5 / Section 1333
3-1333 Record of inspection
Status: in_force

3-1333. Record of inspection

A. Livestock officers and inspectors shall make a record of all inspections, disclosing the place and date of the inspection, its purpose, the kind, sex and description necessary to identify the livestock, the number of head running in every brand and mark, the name of the seller if the livestock is to be sold, the name of the shipper if the livestock is to be shipped, and other necessary information.

B. Feed lots, dairies and producers utilizing self-inspection approved by the division pursuant to section 3-1203 shall comply with this section and procedures established by the division.
A.R.S. § 3-1090 — Arizona Code / Title 3 / Chapter 10 / Article 1 / Section 1090
3-1090 Recommendation for termination of council; election
Status: in_force

3-1090. Recommendation for termination of council; election

A. The council shall put to a vote of the cotton producers in this state the question of whether the council should recommend to the legislature that the council be terminated if either of the following occurs:

1. The council, by a two-thirds vote of its membership, determines that it is no longer in the best interest of the cotton industry of this state to continue the council and its programs.

2. On receipt by the council of a petition calling for the election signed by ten per cent or more of the contributing cotton producers in this state in the previous year, which shall be signed not more than six months before its presentation to the council.

B. The ballot for an election called pursuant to subsection A shall be in such form as to record a yes or no answer to the question: "Shall the cotton research and protection council recommend to the legislature that the council and its programs be discontinued and terminated?" If a majority of those producers voting votes yes, the council shall recommend to the legislature that the council be terminated. If less than a majority of the producers voting votes yes, another election shall not be conducted for at least two years. The council shall pay the expenses necessary to carry out the election.
A.R.S. § 3-429 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 429
3-429 Application of administrative procedures act
Status: in_force

3-429. Application of administrative procedures act

Title 41, chapter 6, article 10 applies to administrative procedures prescribed by this article.
A.R.S. § 3-616 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 616
3-616 Milk holding tanks; tolerances of measuring devices
Status: in_force

3-616. Milk holding tanks; tolerances of measuring devices

The tolerance allowed in excess or deficiency on a milk holding tank used as a measure and equipped with a measuring device shall be for a milk holding tank with a capacity of:

1. Not more than four hundred gallons, one-half gallon.

2. Not less than four hundred one nor more than six hundred gallons, five-eighths gallon.

3. Not less than six hundred one nor more than eight hundred gallons, three-fourths gallon.

4. Not less than eight hundred one nor more than one thousand gallons, seven-eighths gallon.

5. Not less than one thousand one nor more than one thousand two hundred gallons, one gallon.

6. Not less than one thousand two hundred one gallons nor more than one thousand four hundred gallons, one and one-eighth gallon.

7. Not less than one thousand four hundred one gallons nor more than one thousand six hundred gallons, one and one-fourth gallon.
A.R.S. § 3-729 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 729
3-729 Violation by transporting agency
Status: in_force

3-729. Violation by transporting agency

A person, forwarding company or common carrier transporting eggs or egg products at the request of the shipper or owner shall not be deemed in violation of this article unless the person, forwarding company or common carrier wilfully fails or refuses to stop the transportation thereof with reasonable dispatch after notice in writing by the director that the eggs or egg products are found delivered for shipment in violation of this article.
A.R.S. § 3-404 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 404
3-404 Marketing order and marketing agreement programs
Status: in_force

3-404. Marketing order and marketing agreement programs

A. A marketing order or marketing agreement applies to all producers and shippers included under the terms of the order or agreement.

B. A marketing order or marketing agreement may:

1. Provide for establishing standards for the quality, condition, size or maturity of a commodity marketed in or shipped outside this state. Standards shall not be less than the standards provided by articles 2 and 4 of this chapter and rules adopted pursuant to those articles.

2. Provide for establishing, and verifying compliance with, food safety standards.

3. Provide for plans to conduct programs for advertising and sales promotion.

4. Provide for research studies to improve production, distribution and marketing.

5. Provide for educational programs designed to inform producers and shippers about quality improvement or about practices, procedures and methods used in production, processing and marketing.

6. Provide for research and educational programs concerning health, food, nutritional, therapeutic and dietetic qualities or for developing new food products or new uses for agricultural products.

7. Provide programs to control and eradicate insects, disease and parasites.

8. Provide for establishing and regulating the use of an official brand, trade name or label.

9. Provide programs to gather and disseminate weather data to producers.

10. Provide for developing and funding programs, jointly or cooperatively, with public or private organizations, including funding marketing information services.

11. Authorize persons to participate in hearings regarding agricultural chemicals that are used by the affected commodity.
A.R.S. § 3-708 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 708
3-708 Standards of size; determination by weight
Status: in_force

3-708. Standards of size; determination by weight

As used in this article with relation to chicken eggs, the standards of size as determined by weight shall be established by rules adopted by the director.
A.R.S. § 3-3112 — Arizona Code / Title 3 / Chapter 17 / Article 1 / Section 3112
3-3112 Enforcement procedure
Status: in_force

3-3112. Enforcement procedure

A. If the director, after an inspection or investigation, issues a citation pursuant to section 3-3110, the director shall notify the employer by mail, within a reasonable time after termination of the inspection or investigation, of any penalty proposed to be assessed pursuant to section 3-3113 and that the employer has thirty days within which to request a hearing pursuant to title 41, chapter 6, article 10 if the employer wishes to appeal the citation or proposed assessment of penalty.

B. The period permitted for correction of a violation does not begin to run until the entry of a final order in the case of any review proceedings pursuant to this section initiated by the employer in good faith and not solely for delay or avoidance of penalties.  If the director has reason to believe that an employer has failed to correct a violation for which a citation has been issued within the period permitted, the director shall notify the employer by mail of such failure, of the penalty proposed to be assessed pursuant to section 3-3113 and that the employer has thirty days within which to request a hearing pursuant to title 41, chapter 6, article 10 if the employer wishes to appeal the notification or proposed assessment of penalty.

C. An affected employee or employee representative may request a hearing to appeal the period allowed an employer to abate a particular violation if the employee or employee representative requests the hearing within the abatement period allowed in the citation or within thirty days from the date of receipt of the citation, whichever is shorter.

D. On a showing by an employer of a good faith effort to comply with the abatement requirements of a citation, and that abatement has not been completed because of factors beyond the reasonable control of the employer, the department or its authorized designee, after an opportunity for a hearing, shall issue an order affirming or modifying the abatement requirements in the citation.  The department shall provide affected employees or representatives of affected employees with an opportunity to participate as parties to hearings under this subsection.
A.R.S. § 3-1401 — Arizona Code / Title 3 / Chapter 11 / Article 7 / Section 1401
3-1401 Definition of stray animal
Status: in_force

3-1401. Definition of stray animal

"Stray animal" as used in this article means livestock, bison or ratites whose owner is unknown or cannot be located, or any such animal whose owner is known but permits the animal to roam at large on the streets, alleys, roads, range or premises of another without permission, except that this section does not apply to livestock where the principles of a federal permit, federal allotment or federal lease are in dispute.
A.R.S. § 3-233 — Arizona Code / Title 3 / Chapter 2 / Article 2 / Section 233
3-233 Powers and duties; fees; penalty
Status: in_force

3-233. Powers and duties; fees; penalty

A. For the purpose of carrying out this article, the director may:

1. In order to have access to seeds and the records pertaining to seeds subject to this article and the rules adopted under this article, enter upon:

(a) Any established plant, warehouse or place of business during customary business hours.

(b) Any truck or other conveyance operated on land, on water or in the air on probable cause or reasonable suspicion to believe that a violation of this article has occurred.

2. Issue and enforce a written  cease and desist order to the owner or custodian of any lot of agricultural, vegetable or ornamental plant seed that the director finds is in violation of this article, as provided in section 3-238, and any lot or lots of seed sold, or transported for sale, that do not meet all requirements of the plant variety protection act (P.L. 91-577; 84 Stat. 1542; 7 United States Code sections 2321 through 2582).

3. Provide through the state agricultural laboratory for seed testing facilities, employ qualified persons and incur expenses necessary to comply with this article.

4. Through the state agricultural laboratory:

(a) Provide for making purity, germination, noxious weed, tetrazolium and pathology tests of seeds for farmers and dealers on request pursuant to rules prescribed by the director governing such testing.

(b) Collect charges for the tests as prescribed by the director.

5. Cooperate with the United States department of agriculture and other agencies in seed law enforcement.

6. Revoke, suspend, restrict, deny or choose not to renew a license issued under this article or fix periods and terms of probation for a license holder after a hearing at which the license holder is found by a preponderance of the evidence to have violated this article or any of the rules adopted under this article.

7. Establish by rule fees that are sufficient to cover the costs of interstate and international exportation inspection activities under section 3-232, subsection A, paragraph 1, but annually not more than one dollar fifty cents per acre. Monies received under this paragraph shall be deposited in the seed law trust fund pursuant to section 3-234.

B. For the purposes of this article, the director, after an opportunity for a hearing, shall establish and collect the following fees:

1. For a seed dealer's license, not more than fifty dollars per year.

2. For a labeler's license, not more than five hundred dollars per year.

C. The director shall assess a license holder who does not submit the annual license renewal fees to the department by July 1 a penalty of ten per cent of the amount of the license fee per month for not more than three months.  Penalties collected under this subsection shall be deposited in the seed law trust fund pursuant to section 3-234.
A.R.S. § 3-527.03 — Arizona Code / Title 3 / Chapter 3 / Article 4.3 / Section 527.03
3-527.03 Administrative services; reimbursement
Status: in_force

3-527.03. Administrative services; reimbursement

A. The department shall provide the necessary administrative services to the council in furtherance of its activities including:

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

2. Receiving mail and other communications for the council.

3. Providing space for the meetings of the council.

4. Providing any other administrative services which the council requests or finds necessary, including financial and accounting services and assistance in developing proposed rules for submission to the director.

B. The council shall reimburse the department for administrative services from the monies received under article 2 or 4 of this chapter in an amount agreed on by the council and department.
A.R.S. § 3-425 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 425
3-425 Public meeting; notice; findings
Status: in_force

3-425. Public meeting; notice; findings

A. At least five days but not more than twenty days after the application is filed with the department, the director, or the director's designee, shall hold a public meeting. A notice shall be sent to all persons that may be affected by the proposed marketing agreement that states the time, date and place of the public meeting and that the department will receive evidence and testimony concerning the proposed marketing agreement. An official department list of affected persons does not have to be prepared.

B. At the public meeting, the director, or the director's designee, shall receive evidence and testimony concerning the proposed marketing agreement. The director may hold more than one meeting if the affected commodity is grown in more than one area of this state.

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

D. The director shall approve the marketing agreement if the director finds:

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

2. The marketing agreement complies with this article.

3. The signatories of the marketing agreement have sufficient monies to defray expenses of formation, administration and enforcement of the marketing agreement.

4. The marketing agreement is signed by all participants.
A.R.S. § 3-366 — Arizona Code / Title 3 / Chapter 2 / Article 6 / Section 366
3-366 Pesticide management areas
Status: in_force

3-366. Pesticide management areas

A. The director shall designate pesticide management areas.  Pesticide management areas may be urban areas that are adjacent to farmlands and have a history of concerns known by the department regarding nearby aerial pesticide applications. The director may adopt rules for designating pesticide management areas.

B. If possible at least twenty-four hours before applying a pesticide listed by the director under section 3-362, subsection A, paragraph 3 by aircraft in a pesticide management area the applicator shall notify the department. In any event, every reasonable attempt shall be made to notify the department before every application of pesticide in a pesticide management area.
A.R.S. § 3-1086 — Arizona Code / Title 3 / Chapter 10 / Article 1 / Section 1086
3-1086 Fees; collection; plow-up enforcement; budget; civil penalty
Status: in_force

3-1086. Fees; collection; plow-up enforcement; budget; civil penalty

A. The council, on or before July 1 of each calendar year, shall assess a fee of not to exceed one dollar per bale of cotton produced in this state on land above twenty-seven hundred feet in elevation and not to exceed five dollars per bale of cotton produced in this state on land twenty-seven hundred feet in elevation or below.  If the council finds that a program to control cotton pests or diseases is necessary on land above twenty-seven hundred feet in elevation, the council may raise the fee not to exceed three dollars per bale of cotton subject to the council adopting an annual budget for the program.

B. Cotton gins shall collect and remit the fee to the council according to procedures and on forms the council prescribes. A gin shall remit at least one-half of the annual fee as established by the council and not designated as a rebate for the plow up of cotton fields as provided in section 3-1087, subsection B on or before February 15 of each year with a report of actual bales ginned through January 31 of each year and an estimate of bales to be ginned by March 15. The remainder of the fee is due on or before March 15 of each year. The portion of the fee that is designated as a rebate for the plow up of cotton fields may be held by the gin, subject to certification by the council that a producer has complied with the plow-up program.  On notification of certification to the gin, the fee designated for the plow-up program as a rebate shall be credited to the producer's account of the gin responsible for the remittance of the fee.

C. The council may grant extensions for the plow up of cotton fields for weather-related reasons only. The council shall establish, by rule, criteria and a process for granting extensions.

D. If a producer fails to comply with the requirement to plow up cotton fields on established dates as required by section 3-1087, subsection B and rules adopted under chapter 2, article 1 of this title, the producer forfeits the fee designated as a rebate under subsection B of this section and section 3-1087, subsection B and is also assessed a civil penalty of one hundred dollars for each acre not in compliance as certified by the council. The rebate must be remitted in full to the council by the gin responsible for the remittance of the rebate.  The council shall notify the owner or person in charge of the amount of the civil penalty and the requirement that it must be paid to the council within three months.  At the council's request, the attorney general shall file an action in superior court to recover civil penalties assessed pursuant to this subsection.  All monies collected under this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the cotton research and protection council fund established by section 3-1085. The council may adopt rules to implement this subsection. A producer may appeal to the council the forfeited rebate or the assessed penalty applicable to the noncompliant acres pursuant to title 41, chapter 6, article 10. The council may request, under section 3-204.01, that the department plow up cotton fields not in compliance with section 3-1087, subsection B and the rules adopted under chapter 2, article 1 of this title.

E. A cotton producer is responsible for payment of the fee unless the fee is withheld for payment to the council by a gin.

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

G. Title 41, chapter 6 does not apply to setting the fee under this section, but the council shall provide sixty days' advance notice of the meeting at which the fee will be adopted and the amount of the proposed fee. The council shall receive public testimony at the meeting regarding the fee.
A.R.S. § 3-3626 — Arizona Code / Title 3 / Chapter 20 / Article 3 / Section 3626
3-3626 Injunctive relief
Status: in_force

3-3626. Injunctive relief

In addition to all other remedies, the director, either through the attorney general or the county attorney, may apply to the appropriate court for an order enjoining any act or practice that appears to constitute a violation of this chapter or rules adopted pursuant to this chapter.  On a proper showing, a temporary restraining order, a preliminary injunction or a permanent injunction shall be granted without bond.
A.R.S. § 3-468.02 — Arizona Code / Title 3 / Chapter 3 / Article 2.1 / Section 468.02
3-468.02 Powers and duties of the council
Status: in_force

3-468.02. Powers and duties of the council

A. The council shall:

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

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

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

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

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

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

7. Prescribe fees to be assessed within the limits prescribed in section 3-468.04.

B. The council may authorize or contract for:

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

2. Programs for citrus pest eradication.

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

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

C. The council may:

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

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

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

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

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

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

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

8. Act jointly and in cooperation with this state or any other state or the federal government, and spend monies to administer any program deemed by the council to be beneficial to the citrus industry of this state.

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

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

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

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

13. Provide for an annual audit of its accounts by a qualified public accounting firm and, if an audit or financial statement is prepared, shall make the audit or financial statement available to the general public and the auditor general on request.
A.R.S. § 3-586 — Arizona Code / Title 3 / Chapter 3 / Article 9 / Section 586
3-586 Records of the council
Status: in_force

3-586. Records of the council

The council shall maintain all records for three years. The records of the council are public records available for inspection for any lawful purpose. The council shall adopt reasonable rules concerning the time or place of the inspection or the manner in which the information is made available.
A.R.S. § 3-415 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 415
3-415 Administrative services; interagency agreements; reimbursement
Status: in_force

3-415. Administrative services; interagency agreements; reimbursement

A. The marketing commission or marketing committee may employ staff at a rate of compensation determined by the commission or committee, to serve at the pleasure of the commission or committee, and shall prescribe the terms and conditions of employment of employees as necessary to perform the functions prescribed by this article, the marketing order or the marketing agreement.  All employees of the commission or committee are exempt from title 38, chapter 4, article 1 and title 41, chapter 4, articles 5 and 6 and are not under the jurisdiction of the department of administration.

B. The commission or committee may also enter into an interagency agreement with the department to provide necessary administrative services to the commission or committee, including:

1. Providing secretarial and other services necessary for the commission or committee to carry out its activities.

2. Establishing separate operating accounts for the commission or committee.

3. Providing necessary financial and accounting services to the commission or committee, including the issuance of checks, payment of bills approved by the commission or committee, annual audits, expenditure and receipt reports whether monthly or annually, preparation of annual budget and any other activities requested by the commission or committee.

4. Receiving mail and other communication for the commission or committee.

5. Receiving monies authorized under this article for deposit in the appropriate trust funds for the exclusive purpose of implementing, continuing and supporting the respective marketing order or marketing agreement.  The commission or committee 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 commission or committee, the state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35-313 and 35-314.03, and monies earned from investment shall be credited to the trust fund.  The beneficiary of the trust is the agricultural program established by the marketing order or marketing agreement.  The trust fund shall be used solely for those purposes on the order of the commission or committee. Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year or at the termination of the marketing order or agreement, do not revert to the state general fund.

6. Accepting donated monies on behalf of the commission or committee to be credited to the account of the commission or committee.

7. Providing space for the meetings of the commission or committee.

8. Providing any other administrative services that the commission or committee requests or finds necessary.

C. If the department performs any function under this article, it acts as the agent of the marketing commission or marketing committee and has no authority or control over the commission or committee or the commission's or committee's employees or assets. The commission or committee shall reimburse the department for any administrative services the department provides from the monies received under the marketing order or marketing agreement in an amount agreed on by the commission or committee and the director. Any services provided by citrus, fruit and vegetable standardization or the department in the normal scope of services are not subject to reimbursement from a marketing commission or marketing committee.
A.R.S. § 3-2694 — Arizona Code / Title 3 / Chapter 15 / Article 4 / Section 2694
3-2694 Violation; classification
Status: in_force

3-2694. Violation; classification

A. A person selling or offering for sale fresh meat intended for use as food for animals without complying with the provisions of this article is guilty of a class 2 misdemeanor.

B. A person or operator of a slaughterhouse or establishment who violates any provision of this article is guilty of a class 2 misdemeanor.
A.R.S. § 3-663 — Arizona Code / Title 3 / Chapter 4 / Article 3 / Section 663
3-663 Labeling and advertising
Status: in_force

3-663. Labeling and advertising

A. A trade product shall not be advertised, displayed for sale, or sold in any manner or under any circumstances or conditions likely to mislead, deceive or confuse the public into believing the product is a real product.

B. Real or trade products, wherever packaged, shall not be sold or distributed in this state except in containers whose labels comply with federal regulations applicable to interstate shipments of real or trade products.
A.R.S. § 3-408 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 408
3-408 Public meeting; notice
Status: in_force

3-408. Public meeting; notice

A. A public meeting on the petition shall be held within sixty days after the department receives the petition.

B. Notice shall be sent to all affected persons on the department list and interested parties five to thirty days before the date of the public meeting. The notice shall state the time, date and place of the public meeting, the territory and commodity affected by the proposed marketing order and that the department will receive evidence and testimony concerning the department list and the proposed marketing order.

C. The director, or the director's designee, shall conduct the public meeting and shall receive evidence and testimony concerning the proposed marketing order, the accuracy of the department list and the preferred method of voting on the proposed marketing order. The director or designee may receive evidence and testimony regarding the period of time required for filing written assents and any other relevant matters.

D. The department may hold more than one public meeting if the affected commodity is grown in more than one area of this state.
A.R.S. § 3-3105 — Arizona Code / Title 3 / Chapter 17 / Article 1 / Section 3105
3-3105 Powers and duties
Status: in_force

3-3105. Powers and duties

The assistant director shall:

1. Administer this chapter.

2. Cooperate with the federal government to establish and maintain an agricultural safety and health program.

3. Propose to the director for adoption by the department standards and rules pursuant to section 3-3106, 3-3108 or 3-3109 and other rules that are necessary for the office to function efficiently.

4. Enforce all standards and rules adopted by the department pursuant to the procedures and requirements of this article.

5. Implement an agricultural safety and health program, including the following duties and responsibilities:

(a) Development of a statewide agricultural safety and health education and training program to acquaint employers, supervisors, employees and employee representatives with the most modern and effective techniques of accident prevention and agricultural health control.

(b) Development of training programs for employees of the office and, if necessary, development of certification programs for recognition of competent, trained personnel.

(c) Coordinate training programs with state and federal agencies including the university of Arizona college of agriculture, the United States department of agriculture and vocational education programs.

(d) Planning, organizing, conducting or attending safety and health seminars, conferences and meetings designed for management, supervisory personnel, employees and employee representatives and establishing liaison with other safety and health groups as may be necessary.

(e) Definition and establishment of necessary research projects.

(f) Arrangement and procurement of necessary contractual services and training aids.

(g) Development of specific agricultural safety and health programs for employer and employee representative groups.

6. Collect and analyze agricultural safety and health statistics generated by the industrial commission, the department of health services, the department of environmental quality and any other state or federal agency that produces such information.

7. Coordinate the responsibilities and functions of other administrative units in the department with regard to agricultural safety and health in order to develop a comprehensive statewide program.
A.R.S. § 3-2124 — Arizona Code / Title 3 / Chapter 13 / Article 4 / Section 2124
3-2124 Inspection of horses before and after slaughter; condemnation of unfit products
Status: in_force

3-2124. Inspection of horses before and after slaughter; condemnation of unfit products

A. There shall be an antemortem and a postmortem inspection of each horse slaughtered.

B. A horse found either upon antemortem or postmortem inspection or examination to be afflicted with strangles, purpura, hemorrhagica, azoturia, forage poison or cerebrospina meningitis, dourine, acute influenza, generalized osteoporosis, glanders, farcy or other malignant disorder, acute inflammatory lameness or extensive fistula shall be condemned. A horse suspected, upon antemortem inspection, of being infected with glanders shall be tested with mallein, and a horse which on physical examination is suspected of being infected with dourine, shall be held for further examination or for such test as the state veterinarian prescribes. A horse or horsemeat product found unwholesome, unclean, unsound or otherwise unfit for human consumption shall be condemned and the inspector may order it destroyed.

C. All horsemeat sold for human consumption shall be inspected by the state veterinarian or a deputy thereof. The inspector and authorized employees of the department and the department of health services shall have access, for purposes of inspection, to any place in which horses are being slaughtered or horsemeat is being processed, prepared, packed or offered for sale.
A.R.S. § 3-202 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 202
3-202 Infested or infected plants as public nuisances
Status: in_force

3-202. Infested or infected plants as public nuisances

All plants, soil and other things found infested or infected with a crop pest or disease or which are the host or carrier or means of disseminating or propagating a crop pest or disease is declared a public nuisance, and may be abated, suppressed, controlled or regulated as provided in this article and by the rules and orders of the director.
A.R.S. § 3-2692 — Arizona Code / Title 3 / Chapter 15 / Article 4 / Section 2692
3-2692 Decharacterization of fresh meat to be used as animal food
Status: in_force

3-2692. Decharacterization of fresh meat to be used as animal food

Fresh meat intended for use as food for animals and not inspected for human consumption shall be decharacterized by the addition of charcoal at the ratio of one pound of charcoal to each one hundred pounds of fresh meat, the charcoal being uniformly mixed throughout the fresh meat.
A.R.S. § 3-901 — Arizona Code / Title 3 / Chapter 7 / Article 1 / Section 901
3-901 Definitions
Status: in_force

3-901. Definitions

In this chapter, unless the context otherwise requires:

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

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

3. "State agency" means any agency or political subdivision of the state.

4. "State land" includes land owned by this state or by a state agency.
A.R.S. § 3-269 — Arizona Code / Title 3 / Chapter 2 / Article 3 / Section 269
3-269 Fertilizer materials trust fund
Status: in_force

3-269. Fertilizer materials trust fund

A. The fertilizer materials trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. Except as provided in section 3-272, subsection B, paragraph 2, all monies collected under the provisions of this article shall be deposited in the trust fund.

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

C. The beneficiary of the trust is the agricultural program established by this article. The trust fund shall be used solely for the purposes of this article on the order of the director.

D. The fertilizer materials trust fund shall be exempt from the provisions of section 35-190 relating to lapsing 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. § 3-491 — Arizona Code / Title 3 / Chapter 3 / Article 4 / Section 491
3-491 Exemption from fruit or vegetable standardization; definitions
Status: in_force

3-491. Exemption from fruit or vegetable standardization; definitions

A. The associate director shall exempt any fruit or vegetable commodity from all rules established pursuant to section 3-487, subsection B, paragraphs 1 through 5 and shall exempt the collection of assessments for the commodity subject to this article if the exemption is supported by at least fifty-one percent of the producers that produce at least fifty-one percent of the total quantity of that particular fruit or vegetable commodity that was marketed during the preceding year and all of the other requirements of this section have been met.  For the purposes of this subsection, "quantity" means the percentage of ownership interest a producer has in the marketed cartons.

B. To initiate the exemption process, a producer or shipper shall present to the associate director a petition signed by producers, under penalty of perjury, that represent at least one-third of the cartons of the commodity produced in the previous year. The petition shall be submitted on a form prescribed and furnished by the associate director. On receiving the petition, the associate director shall negotiate with the petitioner a fee for the estimated costs of the notification, balloting and certification process under this section.  The petitioner is responsible for all costs associated with this process and shall pay to the associate director at least one-half of the fee before proceeding with the petition process.

C. Within ten days after receiving the fee payment under subsection B of this section, the associate director shall send a notice and a ballot to each shipper of the commodity by certified mail, return receipt requested. The notice shall include a statement that the shipper must notify each producer the shipper represents of the exemption petition and of the producer's right to support or oppose the exemption.

D. Within sixty days after receiving the notice from the associate director, each shipper shall return the ballot to the associate director, filed under penalty of perjury, containing the following information:

1. The name of each producer of the particular commodity that the shipper deals with.

2. The total number of cartons produced in the preceding year by each producer based on the percentage of ownership.

3. The vote of each producer based on the percentage of ownership of cartons.

E. If a shipper fails to return the ballot as prescribed by subsection D of this section, the associate director may audit the shipper to ensure compliance with this article.

F. Within ninety days after receiving the ballots issued under this section, the associate director shall review the ballots and determine the results.  On payment of the full amount of the costs of the petition process as determined under subsection B of this section, the associate director shall certify and issue the results of the ballots. If the associate director certifies that the ballots meet the requirements of this section, the associate director shall provide public notice of the date the exemption becomes effective, which shall be within ninety days after the associate director certifies and issues the results of the balloting.

G. Information provided by shippers to the associate director for the purposes of this section is confidential and is not a public record, and the associate director shall not disclose the information for any purpose except for the purpose of an appeal under subsection H of this section.

H. The petitioner and any producer or shipper of the commodity for which exemption is being sought has the right to appeal to the director on any of the following issues:

1. The validity of the petition submitted under subsection B of this section.

2. The notice requirements of this section.

3. The sufficiency of the submitted ballots.

4. The costs of the petition process.

I. All monies collected by the associate director pursuant to this section shall be deposited in the citrus, fruit and vegetable trust fund established by section 3-447.

J. The procedures prescribed by this section also apply for producers and shippers to rescind an exemption that was previously granted under this section.  The rescission becomes effective on July 1 of a year as determined by the associate director.  A rescission may not take effect until the exemption has been in effect for at least two years.

K. For the purposes of this section:

1. "Producer" means a single legal entity that has a percentage ownership interest in the marketed commodity.

2. "Year" means July 1 through June 30.
A.R.S. § 3-612 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 612
3-612 Dairy cows suspected of disease; quarantine; examination
Status: in_force

3-612. Dairy cows suspected of disease; quarantine; examination

The associate director may direct the state veterinarian to establish a quarantine of cows, and make an examination thereof to determine the presence of tuberculosis, anthrax or other diseases dangerous to human life, and he shall examine such cows as the associate director directs. If a cow is found to be diseased, the state veterinarian shall proceed as directed by law for the eradication of tuberculosis among cattle.
A.R.S. § 3-216 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 216
3-216 Enforcement powers of deputy, inspector or agent; cooperation
Status: in_force

3-216. Enforcement powers of deputy, inspector or agent; cooperation

A. When any power or authority is given by any provision of this article to the director, it may be exercised by any deputy, inspector or agent duly authorized by the director.

B. Any person in whom the enforcement of any provision of this article is vested has the power of a peace officer as to such enforcement.

C. By interagency agreement, the department of agriculture and the motor vehicle division of the department of transportation shall cooperate at the ports of entry to carry out the provisions of this article.
A.R.S. § 3-165 — Arizona Code / Title 3 / Chapter 1 / Article 5 / Section 165
3-165 Restricted use of designation; violation; classification
Status: in_force

3-165. Restricted use of designation; violation; classification

A. A person may use the designation "Arizona heritage agriculture property" or "heritage agriculture" only with the approval of the commission as provided by this article.  A person may not use the designation "Arizona heritage agriculture property" or "heritage agriculture" for any commercial purpose except as provided by this article.

B. A person who knowingly violates this section is guilty of a class 3 misdemeanor.
A.R.S. § 3-737 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 737
3-737 Violations; classification
Status: in_force

3-737. Violations; classification

A. A person violating any provision of this article, filing a false report, or interfering with an inspector in the discharge of his duties is guilty of a class 3 misdemeanor.

B. In addition, a violation of any of the provisions of section 3-716 is punishable as provided in subsection G of section 3-716.

C. In addition, a violation of section 3-730 is punishable as provided in subsection C of section 3-730.
A.R.S. § 3-2052 — Arizona Code / Title 3 / Chapter 13 / Article 2 / Section 2052
3-2052 Construction and remodeling of slaughtering establishments
Status: in_force

3-2052. Construction and remodeling of slaughtering establishments

A. Any person wishing to construct a slaughtering establishment and wishing to be granted state meat inspection service shall submit his proposed plant architectural drawings to the chief veterinary meat inspector who shall examine them and advise as to whether or not the plans meet the requirements of this chapter and whether they conform with the minimum requirements of the department.

B. Slaughtering establishments which have been granted state meat inspection service and which intend to do any remodeling of their slaughtering facilities shall submit their architectural drawings of such proposed remodeling to the chief veterinary meat inspector who shall examine them and advise as to whether or not the plans meet the requirements of this chapter and whether they conform with the minimum requirements of the department.
A.R.S. § 3-2006 — Arizona Code / Title 3 / Chapter 13 / Article 1 / Section 2006
3-2006 Preslaughter brand inspection of hides
Status: in_force

3-2006. Preslaughter brand inspection of hides

A. Every person licensed as an exempt slaughterer of livestock, sheep, goats or equines shall, before slaughter, notify the nearest livestock officer of the location of the slaughter and the time it is proposed to slaughter the animals.

B. Livestock shall not be slaughtered until the animals have been inspected, unless inspection before slaughter is waived by the associate director. When livestock are slaughtered, the livestock officer shall inspect the hides for brands and marks, and tag or mark the same in the manner established by the division, unless such tagging or marking is waived by the associate director.
A.R.S. § 3-1310 — Arizona Code / Title 3 / Chapter 11 / Article 4 / Section 1310
3-1310 Abandonment of animal at boarding facility or veterinarian facility
Status: in_force

3-1310. Abandonment of animal at boarding facility or veterinarian facility

When a small animal left at a boarding facility or any animal left at a veterinarian facility has not been reclaimed within the period of time previously agreed upon at the time of delivery of the animal to the boarding facility or veterinarian, the boarding facility or veterinarian may give written notice by certified mail to the last known address of the owner, possessor or custodian of the animal, and if the animal is not reclaimed within thirty days from the date of the mailing of the notice, the animal shall become the property of the boarding facility or veterinarian to dispose of as the boarding facility or veterinarian sees fit.
A.R.S. § 3-2912 — Arizona Code / Title 3 / Chapter 16 / Article 1 / Section 2912
3-2912 Civil penalties
Status: in_force

3-2912. Civil penalties

A. The director may assess a civil penalty in an amount not exceeding one hundred dollars per day of violation against any person who is determined pursuant to section 3-2911 to be in violation of this article, the rules adopted pursuant to this article or the terms and conditions of a license issued under this article.

B. The director shall bring any action to recover the penalties under this section in the superior court in the county in which the violation occurred.

C. In determining the amount of the penalty, the court shall consider whether the violation was knowing or wilful, the past conduct of the defendant, whether the defendant should have been on notice of the violation, whether the defendant has taken steps to cease, remove or mitigate the violation and any other relevant information.

D. All monies collected as civil penalties under this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 3-3110 — Arizona Code / Title 3 / Chapter 17 / Article 1 / Section 3110
3-3110 Citations
Status: in_force

3-3110. Citations

A. If the assistant director, after an inspection or investigation, determines that there is reasonable cause to believe that a violation exists the assistant director shall with reasonable promptness recommend to the director that a citation be issued to the employer. If the director issues a citation it shall be in writing and shall contain the following:

1. A particular description of the nature of the violation, including a reference to the provision of this article, or of the standard or rule alleged to have been violated.

2. A reasonable time to abate the violation.

3. A notice that the employer may request a hearing if the employer is aggrieved by the citation.

B. A certified mail delivery receipt or a signed verification of delivery in person is prima facie evidence of the receipt of a citation.

C. Each citation or copy of a citation issued under this section shall be prominently posted at or near each place a violation referred to in the citation existed.

D. No citation may be issued after the expiration of a period of six months from the date of the inspection that produced evidence of the violation. If in the course of an investigation the department identifies any additional alleged violator, the department may investigate the additional alleged violator. No citation may be issued after the expiration of six months from the date the additional alleged violator is identified by the department.
A.R.S. § 3-1343 — Arizona Code / Title 3 / Chapter 11 / Article 5 / Section 1343
3-1343 Substitution of animals after issuance of certificate of inspection; classification
Status: in_force

3-1343. Substitution of animals after issuance of certificate of inspection; classification

A person who removes an animal and substitutes another therefor or adds other animals to a lot of livestock for which an inspection certificate or validated auction invoice has been issued for shipment, sale or slaughter is guilty of a class 2 misdemeanor.
A.R.S. § 3-374 — Arizona Code / Title 3 / Chapter 2 / Article 6 / Section 374
3-374 Availability of information to the public
Status: in_force

3-374. Availability of information to the public

A. Any records, reports or information obtained from any person under this article, including records, reports or information obtained or prepared by the department, shall be available to the public, except that the information, or a particular part of the information, shall be considered confidential on either:

1. A showing, satisfactory to the director, by any person that the information, or a particular part of the information, if made public, would divulge the trade secrets of the person.

2. A determination by the attorney general that disclosure of the information, or a particular part of the information, would be detrimental to an ongoing investigation by the director.

3. A determination by the attorney general that disclosure of the information or a particular part of the information would be detrimental to an ongoing criminal investigation or to an ongoing or contemplated civil enforcement action under this article in superior court.

B. Notwithstanding subsection A of this section, the following information shall be available to the public:

1. The name and address of any permit applicant or permittee.

2. Information contained in or derivable from the pesticide label or the relevant safety data sheet.

C. Notwithstanding subsection A of this section, the director may disclose any records, reports or information obtained from any person under this article, including records, reports or information obtained by the department, to:

1. Other state employees concerned with administering this article or if relevant to any administrative or judicial proceeding under this article.

2. Employees of the United States environmental protection agency if such information is necessary or required to administer and implement or comply with applicable federal law.
A.R.S. § 3-351 — Arizona Code / Title 3 / Chapter 2 / Article 5 / Section 351
3-351 Registration; fee; confidential information
Status: in_force

3-351. Registration; fee; confidential information

A. Every pesticide that is distributed shall be registered with the division.  The director may provide by rule for registrations having a term of one or more years and may prescribe the date on which registrations expire.

B. The registrant shall file with the division a statement including:

1. The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant.

2. The name of the pesticide.

3. A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it including directions for use.  If the registrant distributes labels in a language in addition to English, the registrant shall provide a copy of both labels with a signed statement that the label directions have the same meaning and provide the same use directions as on the written English label.

4. If requested by the division, a full description of the tests made and the results of those tests on which the claims are based.

C. For a renewal of registration:

1. A statement shall be required only with respect to information that is different from that furnished when the pesticide was registered or last reregistered.

2. If requested by the director, a complete copy of labeling shall be submitted.

D. Any person desiring to register under this article shall pay to the division a registration fee of one hundred dollars per year for each pesticide. The monies collected from registration fees shall be allocated as follows:

1. Twenty-five dollars for each year of the registration term shall be allocated pursuant to section 3-350.

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

E. All federal, state and county offices shall register without fee all pesticides sold at cost by them.

F. If the director deems it necessary in the administration of this article, the director may require the submission of the complete formula of any pesticide or the confidential statement of formula and the analytical methods for the analysis of the active ingredients in the formulation. For any product having a federal registration, the director may request, on reasonable cause, the analytical methods for the analysis of residues of the active ingredients of the pesticide in environmental media provided that this information has been developed by the applicant and submitted to the United States environmental protection agency. Information provided by the applicant pursuant to this section shall be afforded applicable trade secret and confidentiality protections.  Other products exempted from federal registration requirements and required to be registered under this section shall be subject to this subsection.

G. If it appears to the director that the composition of the article is such as to warrant the proposed claims for it and if the article and its labeling and other material required to be submitted comply with the requirements of section 3-352, the division shall register the article. If the director finds that the pesticide does not warrant the proposed claims, the director may request a full description of the tests conducted and the results of the tests on which the claims are based. If the pesticide or its labeling and other material that are required to be submitted do not comply with this article, the director shall notify the applicant of the manner in which the pesticide, labeling or other material fails to comply with the law to afford the applicant an opportunity to make the necessary corrections. If the applicant does not make the corrections and cannot support the claim on the label, the director may refuse to register the pesticide.

H. In submitting data required by this article, the applicant shall clearly mark any portions that are trade secrets or commercial or financial information. The applicant shall identify as confidential information any such marked material and submit it separately from other material required to be submitted under this article. The information shall be kept confidential by the department unless written permission to release the information is granted by the registrant or on order of a court of jurisdiction.

I. In order to protect the public, the associate director, after a hearing, may cancel the registration of a pesticide. The associate director shall cancel the registration of a pesticide on notification by the director of environmental quality pursuant to section 49-306 or 49-309.

J. Notwithstanding any other provision of this article, registration is not required in the case of a pesticide shipped from one plant within the state to another plant within the state operated by the same person.

K. A registrant who discontinues distribution of a pesticide shall continue its registration in this state for three years after the discontinuation to allow the remaining product to move through the channels of trade.  The registrant shall notify the appropriate entities within the channels of trade of the effective date of the discontinuation.
A.R.S. § 3-1291 — Arizona Code / Title 3 / Chapter 11 / Article 4 / Section 1291
3-1291 Bill of sale required in transfer of livestock
Status: in_force

3-1291. Bill of sale required in transfer of livestock

Upon the sale or transfer of livestock, except dairy calves under thirty days of age, delivery of the animals shall be accompanied by a written and acknowledged bill of sale from the vendor to the purchaser.
A.R.S. § 3-1374 — Arizona Code / Title 3 / Chapter 11 / Article 6 / Section 1374
3-1374 Setting time for hearing on ownership of seized stock; issuance of summons
Status: in_force

3-1374. Setting time for hearing on ownership of seized stock; issuance of summons

A. The clerk of the court or justice of the peace, as the case may be, after filing and docketing the report of seizure shall enter a brief statement of the seizure on the docket and set a time for hearing evidence of the ownership of the livestock, which shall be not less than ten and not more than twenty calendar days after the date the report is filed.

B. The clerk or justice of the peace shall issue a summons directing all persons claiming all or part of the livestock to appear at the time set and offer proof of ownership.

C. The summons:

1. Shall be addressed to those whom it may concern.

2. Shall be accompanied by a copy of the report.

3. Shall be delivered to and served by the livestock officer who made the seizure or by a constable or sheriff of the county.

4. Is returnable and shall be heard as in civil actions.
A.R.S. § 3-104 — Arizona Code / Title 3 / Chapter 1 / Article 1 / Section 104
3-104 Advisory council
Status: in_force

3-104. Advisory council

A. The governor shall appoint a department of agriculture advisory council consisting of five members appointed to terms of five years. A member may continue to serve until his successor is appointed and assumes office. A member may not be appointed to more than one full term plus appointment to fill a vacancy for the remainder of the unexpired term.

B. The advisory council consists of the following:

1. Two members actively engaged in animal production as their major sources of income.

2. Two members actively engaged in plant production as their major sources of income.

3. One member actively engaged in agribusiness as his major source of income.

C. The governor may remove a member for cause. In addition, a member vacates his office if he:

1. Ceases to engage in his qualifying occupation.

2. No longer resides in this state.

3. Is absent without excuse from three consecutive regular meetings of the council.

4. Resigns, dies or becomes unable to perform his duties as a council member.

D. Members of the advisory council are not eligible for compensation but are eligible for reimbursement as provided by law for travel and other expenses. The advisory council is a public body for purposes of title 38, chapter 3, article 3.1.

E. The advisory council shall:

1. Select a chairman and vice-chairman from among its members.

2. Hold a regular meeting every calendar quarter and additional meetings at the call of the director, the chairman or a majority of its members.

3. Before an advisory council meeting, notify any division council established pursuant to section 3-105 of agenda items that the director determines will impact that division.

F. The advisory council shall review agricultural policy in this state as established by law and as administered in all functional areas of the department. The advisory council shall assist the director in formulating administrative rules for the department and formulating the department's proposed budget allocations among the administrative units of the department and shall provide such additional assistance as the director requests. The advisory council shall review, advise and make recommendations to the director on proposed rules before they are adopted by the director and may recommend initiating the rule making process relating to any subject under the department's jurisdiction. In adopting departmental rules and budgets, the director shall include the comments of the advisory council in the official record. In adopting rules the director shall accept the recommendations of the advisory council if the director finds them to be practicable and in the best interests of Arizona agriculture and of the public. The director shall provide a written statement of reasons to the advisory council within fifteen days if the director does not accept the advisory council's recommendations.

G. The advisory council may conduct periodic analyses of departmental policy as reflected by:

1. Decisions of hearing officers and the director on appeals of hearing officers' decisions.

2. The operations of the state agricultural laboratory, the office of agriculture safety and the office of border inspections.
A.R.S. § 3-909 — Arizona Code / Title 3 / Chapter 7 / Article 1 / Section 909
3-909 Shipment of plants; exhibition of permit and certificate of inspection to carrier; sale of highly safeguarded plants
Status: in_force

3-909. Shipment of plants; exhibition of permit and certificate of inspection to carrier; sale of highly safeguarded plants

A. No person or common carrier may transport a plant, or any part of a plant, belonging to the protected group, nor receive or possess a protected native plant for transportation within or without this state, except for manufactured wood articles, unless the person offering the plant for shipment exhibits to the person or common carrier a valid written permit for the transportation of the plant or part of a plant and has securely and properly attached a valid required native plant tag and seal to the plant. If for transport without the state, the plant shall also bear a certificate of inspection by the department.  All protected native plant species or varieties, not grown in Arizona and imported into this state, shall be transported directly to a department field office at which a movement permit and seals must be purchased before proceeding to the final destination.

B. Plants of the protected group that are shipped into this state shall be accompanied by all permits, tags and seals required by the exporting state or country.

C. It is unlawful for a person to commercially sell or offer for commercial sale in interstate commerce any highly safeguarded native plant or in the course of interstate commercial activity to deliver, receive, carry, transport or ship by any means any such plant in furtherance of a commercial sale or offer for commercial sale.
A.R.S. § 3-906 — Arizona Code / Title 3 / Chapter 7 / Article 1 / Section 906
3-906 Collection and salvage of protected plants; procedures, permits, tags and seals; duration; exception
Status: in_force

3-906. Collection and salvage of protected plants; procedures, permits, tags and seals; duration; exception

A. Except as provided in this chapter a person shall not take, transport or possess any protected native plant taken from the original growing site in this state without possessing a valid permit issued by the division.  The division shall issue permits in either a name or business name.  A permit to take, transport or possess native plants is nontransferable, except that a permittee, by subcontract or otherwise, may allow its agents to work under the permit if the permittee remains primarily responsible for the actions of persons acting under his expressed or implied authority.

B. In addition to the requirements prescribed by this section, a person who moves or salvages a saguaro cactus (cereus giganteus) that is more than four feet tall, from other than its original growing location, must purchase a permit, tag and seal from the department.  A person may move a saguaro cactus without obtaining a permit, tag and seal only if the person maintains documentation of a previous legal movement or if the department has record of a previous legal movement of the cactus by the person.  Saguaro cacti that are propagated by humans are exempt from the requirements of this subsection.

C. Permits applicable to highly safeguarded native plants may be issued only for collection for scientific purposes or for the noncommercial salvage of highly safeguarded native plants whose existence is threatened by intended destruction, or by their location or by a change in land usage, and if the permit may enhance the survival of the affected species.

D. Permits issued for the salvage of salvage assessed native plants shall be issued for a period of one calendar year without respect to the land from which the plants will later be taken.  The associated tags and seals shall be issued individually or in bulk on payment of any fees required under section 3-913, subsection A, without respect to the specific plants for which they will be used.  All such tags and seals remain valid for use in subsequent years as long as the permit is renewed.

E. The division shall provide tags and seals for each permit issued for taking, transporting or possessing highly safeguarded, salvage restricted or salvage assessed native plants.  The director by rule shall establish procedures and forms for permits, tags and seals to be issued for the collection and salvage of highly safeguarded native plants and the salvage of salvage restricted and salvage assessed native plants.  The director by rule may establish and modify the form and character of the tags and seals described in this section.  All such tags and seals shall be attached to the plants at the time of taking and before transporting.  It is unlawful to remove a tag or seal from a protected native plant that has been taken and tagged pursuant to this article before the plant has been transplanted at its designated site.  A tag or seal may be removed only by a designated agent of the division or by the owner of the plant.

F. This section does not apply to the transporting of protected native plants by a landowner or his agent from one of his properties to another if the plants are not offered for sale.
A.R.S. § 3-3107 — Arizona Code / Title 3 / Chapter 17 / Article 1 / Section 3107
3-3107 Inspection of places and practices of employment; employee initiation of investigation; violation; injunction; classification
Status: in_force

3-3107. Inspection of places and practices of employment; employee initiation of investigation; violation; injunction; classification

A. The assistant director or his authorized representative, on presentation of credentials, shall be permitted to inspect places of employment, question employees and investigate conditions, practices or matters in connection with employment subject to this article at reasonable times as he may deem appropriate to determine whether any person has violated this article or any rule which is adopted under this article or which may aid in enforcing this article. An employer or other person shall admit the assistant director or his authorized representatives to any such place and permit the inspection if the proper credentials are presented and the inspection is made at a reasonable time.

B. Notice of an intended inspection shall not be given to an employer before the time of actual entry on the workplace, except by specific authorization by the assistant director.

C. Within five days after the inspection the director shall inform any employer in writing if the director anticipates an enforcement action. The notice of a potential enforcement action shall indicate the nature of the alleged violation and the last possible date for issuing a citation under section 3-3110 or an advisory notice under section 3-3111. If in the course of an investigation the department identifies any additional alleged violator, the director shall inform the additional alleged violator within five days of initiating the new investigation. The notice of a potential enforcement action against the additional alleged violator shall indicate the nature of the alleged violation and the last possible date for issuing a citation under section 3-3110 or an advisory notice under section 3-3111. If the director does not issue a notice of a potential enforcement action, the director shall inform the employer within fifteen days after the inspection that the director does not anticipate any enforcement action.

D. If the director investigates an alleged violation under this article and rules adopted pursuant to this article and determines that the violation did not result in any adverse health effects, the director may issue a letter of warning.

E. A representative of the employer and a representative authorized by his employees shall be given an opportunity to accompany the assistant director or his authorized representative during the physical inspection of any workplace for the purpose of aiding such inspection. If there is no authorized employee representative, the assistant director or his authorized representative shall consult a reasonable number of employees concerning matters of safety and health in the workplace.

F. Information and facts developed by the department, the assistant director or any employee of the department or office in the course of any inspection or investigation are public records pursuant to title 39, chapter 1, article 2 if, pursuant to section 3-3110, subsection D, the inspection or investigation has been closed or a citation has been issued. Such information and facts are not admissible in any court or before any administrative body except pursuant to this article. Notwithstanding the provisions of this subsection, the assistant director or any employee of the department is not required to appear at any deposition, trial or hearing concerning an office inspection or investigation unless the appearance is related to a hearing held pursuant to this article. Hearings held pursuant to this article are open to the public.

G. An employee or a representative of employees who believes that a violation of a safety or health standard or rule exists that threatens physical harm or that an imminent danger exists may request an investigation by notifying the assistant director or his authorized representative of such violation or danger. Any such notice shall be in writing, shall state with reasonable particularity the grounds for the notice and shall be signed by the employees or representative of the employees. On the request of the employee giving such notice, his name and the names of other employees referred to in the notice shall not appear on any copy of the notice or any record published, released or made available. If on receipt of the notice the assistant director determines that there are reasonable grounds to believe that such violation or danger exists, he shall make an investigation pursuant to this article as soon as practicable to determine if a violation or danger exists. If the assistant director determines that there are no reasonable grounds to believe that a violation or danger exists, he shall notify the employees or the representative of the employees in writing of that determination.

H. The department, or its authorized representative, in addition to initiating an action under subsection  G of this section, may file in the superior court in the county where the inspection was refused a verified complaint against an employer who violates subsection A of this section and may request an injunction against the continued refusal to permit an inspection.

I. A person who violates this section is guilty of a class 2 misdemeanor.
A.R.S. § 3-102 — Arizona Code / Title 3 / Chapter 1 / Article 1 / Section 102
3-102 Department organization
Status: in_force

3-102. Department organization

A. The Arizona department of agriculture is established consisting of the following divisions:

1. The animal services division, which is responsible for milk, dairy, livestock and aquaculture regulation, the state veterinarian, meat, poultry and egg inspection and performing the administrative functions authorized or contracted pursuant to law for the Arizona beef council.

2. The plant services division, which is responsible for entomological services.

3. The environmental services division, which is responsible for regulating seed, feed and agricultural chemicals, including pesticides and fertilizers, and for native plant protection.

4. The weights and measures services division, which is responsible for the inspection, testing and licensing of commercial weighing, measuring and counting devices.

5. The pest management division, which is responsible for regulating pest management and pest management services as defined in section 3-3601.

6. The citrus, fruit and vegetable division, which is responsible for the citrus, fruit and vegetable standardization and produce safety program under chapter 3, articles 2, 4, 4.1 and 4.3 of this title.

B. The following are established in addition to and separate from the divisions of the department:

1. The state agricultural laboratory.

2. The office of agriculture safety.

3. The office of inspections.

4. The office of commodity development and promotion.

C. The department shall have a central administrative service office providing:

1. Data processing, accounting and budgeting, records management, publications, property control and personnel services and training.

2. A program to cross-train appropriate personnel to enable them to perform similar functions or comparable work for different administrative units in the department.
A.R.S. § 3-1008 — Arizona Code / Title 3 / Chapter 8 / Article 1 / Section 1008
3-1008 Issuance of revenue bonds; provisions of bonds; sale
Status: in_force

3-1008. Issuance of revenue bonds; provisions of bonds; sale

A. Bonds issued under this article shall be authorized by resolution of the Arizona exposition and state fair board and may be issued in one or more series and shall bear the date of their issuance, mature at such time or times during a period of not to exceed thirty years from date of issuance, be in such denomination or denominations and in the form, coupon, registered, or registered as to principal only, carry the conversion or registration privileges, have the rank or priority, be executed in the manner, payable in the medium of payment, at the place or places and subject to the terms of redemption, with or without premium, as the resolution or the bonds so issued may provide. Notwithstanding any provisions of law to the contrary, bonds issued pursuant to this section are negotiable.

B. The bonds shall provide that:

1. No holder may compel the state or any subdivision thereof to exercise its appropriation or taxing power.

2. The bond does not constitute a debt of the state and is payable only from revenues from the operation of the Arizona coliseum and exposition center and its facilities.

C. The bonds may be sold at public or private sale, at not less than the par value thereof with all accrued interest to date of delivery. In the event such bonds are sold at public sale, the Arizona exposition and state fair board shall call for bids by publishing a notice inviting proposals for the purchase of the bonds at least once a week for two successive weeks prior to the date fixed for sale of the bonds, in a daily or weekly newspaper, published and of general circulation in Maricopa county, and designated for such purpose, which notice shall be in the form the board shall prescribe. Pending preparation of the definitive bonds, interim receipts or certificates may be issued to the purchaser of the bonds in the form and containing the provisions determined by the Arizona exposition and state fair board.
A.R.S. § 3-1234 — Arizona Code / Title 3 / Chapter 11 / Article 2 / Section 1234
3-1234 Acceptance of grants and gifts
Status: in_force

3-1234. Acceptance of grants and gifts

The council may accept grants, donations, contributions or gifts from any source for expenditures for any purpose consistent with the powers and duties conferred on the council.
A.R.S. § 3-2043 — Arizona Code / Title 3 / Chapter 13 / Article 2 / Section 2043
3-2043 Assignment of inspectors
Status: in_force

3-2043. Assignment of inspectors

Slaughtering establishments granted state meat inspection service shall notify the chief veterinary meat inspector of their hours of slaughter, and the chief veterinary meat inspector shall assign inspectors to said establishments to conduct meat inspection. The chief veterinary meat inspector may assign one inspector to conduct inspection at two or more slaughtering establishments having state meat inspection service where the animals slaughtered are less than one hundred head per week at each establishment. The hours of the day and the days of the week shall be satisfactorily arranged with the slaughtering establishments so that the inspector is present at each establishment during all periods of slaughter. Slaughtering establishments wishing to slaughter in excess of eight hours in any one day or slaughter on holidays or Sundays may do so, and the chief veterinary meat inspector shall assign an inspector to conduct meat inspection. Slaughtering establishments shall pay fees to the department when such services are provided commensurate with actual wages incurred. No slaughtering establishment with state meat inspection service is permitted to slaughter any cattle, sheep, swine, goats, horses, mules or other equines unless there is an assigned inspector on the premises of the establishment during all periods of slaughter.
A.R.S. § 3-3401 — Arizona Code / Title 3 / Chapter 19 / Article 1 / Section 3401
3-3401 Definitions
Status: in_force

3-3401. Definitions

In this chapter, unless the context otherwise requires:

1. "Area A" has the same meaning prescribed in section 49-541.

2. "Area B" has the same meaning prescribed in section 49-541.

3. "Area C" means that portion of Pinal county lying west of range 11 east, excluding that portion of the county lying within area A as defined in section 49-541 and that portion of the county within the jurisdiction of any Indian tribe, band, group or community that is recognized by the United States secretary of the interior and that exercises governmental authority within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent and including rights-of-way running through the reservation.

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

5. "Biodiesel" means a mono-alkyl ester that meets ASTM D6751.

6. "Biodiesel blend" means a motor fuel that is composed of biodiesel and diesel fuel and that is designated by the letter "B", followed by the numeric value of the volume percentage of biodiesel in the blend.

7. "Biofuel" means a solid, liquid or gaseous fuel that is derived from biomass and that can be used directly for heating or power or as a blend component in motor fuel.

8. "Biofuel blend" means a motor fuel that is composed of a biofuel, that is combined with a petroleum-based fuel and that is designated by the volume percentage of biofuel in the blend.

9. "Biomass" means biological material, such as plant or animal matter, excluding organic material that has been transformed by geological processes into substances such as coal or petroleum or derivatives thereof, that may be transformed into biofuel.

10. "Biomass-based diesel" means a diesel fuel substitute produced from nonpetroleum renewable resources that meets the registration requirements for fuels and fuel additives established by the United States environmental protection agency under 42 United States Code 7545 and includes fuel derived from animal wastes, including poultry wastes and other waste materials, municipal solid waste and sludge and oil derived from wastewater and the treatment of wastewater.  Biomass-based diesel does not include biodiesel.

11. "Biomass-based diesel blend" means a blend of petroleum-based diesel fuel with biomass-based diesel.

12. "Certification" means the process of determining the accuracy of a commercial device to the standards of this state by a registered service representative or the division.

13. "Commercial device" means any weighing, measuring, metering or counting device that is used to determine the direct cost of things sold or offered or exposed for sale, or used to establish a fee for service if the cost is based on weight, measure or count, except that it does not include those devices used for in-house packaging, inventory control or law enforcement purposes.

14. "Commodity" means any merchandise, product or substance produced or distributed for sale to or use by others.

15. "Correct" as used in connection with weights and measures means conformance to all applicable requirements of this chapter.

16. "Diesel fuel" means a refined middle distillate that is used as a fuel in a compression-ignition internal combustion engine and that meets the specifications of ASTM D975.

17. "Division" means the weights and measures services division of the department.

18. "Ethanol flex fuel" means a fuel ethanol gasoline blend that meets the specifications of ASTM D5798 standard specification for ethanol fuel blends for flexible-fuel automotive spark-ignition engines.

19. "Fleet owner" means a registered owner or lessee of at least twenty-five vehicles.

20. "Gasoline" means a volatile, highly flammable liquid mixture of hydrocarbons that does not contain more than five one-hundredths grams of lead for each United States gallon, that is produced, refined, manufactured, blended, distilled or compounded from petroleum, natural gas, oil, shale oils or coal and other flammable liquids free from undissolved water, sediment or suspended matter, with or without additives, and that is commonly used as a fuel for spark-ignition internal combustion engines. Gasoline does not include diesel fuel or ethanol flex fuel.

21. "Gasoline provider" means any manufacturer of gasoline or any person who imports gasoline into a vehicle emissions control area by means of a pipeline or in truckload quantities for the person's own use within the vehicle emissions control area or any person who sells gasoline intended for ultimate consumption within a vehicle emissions control area. Gasoline provider does not mean a person with respect to a gasoline supplied or sold by the person to another person for resale to a retailer within a vehicle emissions control area or to a fleet owner for consumption within a vehicle emissions control area.

22. "Inspector" means a state official of the division.

23. "Liquid measuring device" means any meter, pump, tank, gauge or apparatus used for volumetrically determining the quantity of any internal combustion engine fuel, liquefied petroleum gas or low viscosity heating oil.

24. "Manufacturer's proving ground" means a facility whose sole purpose is to develop complete advanced vehicles for an automotive manufacturer.

25. "Misfuel" means the act of dispensing into the fuel tank of a motor vehicle a motor fuel that was not intended to be used in the engine of that motor vehicle.

26. "Motor fuel" means a petroleum or a petroleum-based substance that is motor gasoline, aviation gasoline, number one or number two diesel fuel or any grade of oxygenated gasoline typically used in the operation of a motor engine, including biodiesel blends, biofuel blends and ethanol flex fuels.

27. "Motor vehicle racing event" means a race that uses unlicensed vehicles designed and manufactured specifically for racing purposes and that is conducted on a public or private racecourse for the entertainment of the general public. Motor vehicle racing event includes practice, qualifying and demonstration laps conducted as part of the activities related to a motor vehicle race.

28. "Oxygenate" means any oxygen-containing ashless, organic compound, including aliphatic alcohols and aliphatic ethers, that may be used as a fuel or as a gasoline blending component and that is approved as a blending agent under the provisions of a waiver issued by the United States environmental protection agency pursuant to 42 United States Code section 7545(f).

29. "Oxygenated fuel" means an unleaded motor fuel blend that consists primarily of gasoline and at least one and one-half percent by weight of one or more oxygenates and that has been blended consistent with the provisions of a waiver issued by the United States environmental protection agency pursuant to 42 United States Code section 7545(f).

30. "Package" means any commodity enclosed in a container or wrapped in any manner in advance of sale in units suitable for either wholesale or retail trade.

31. "Person" means both the plural and the singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies and associations.

32. "Product transfer document" means any bill of lading, loading ticket, manifest, delivery receipt, invoice or other documentation used on any occasion when a person transfers custody or title of motor fuel other than when motor fuel is sold or dispensed at a service station or fleet vehicle fueling facility.

33. "Public weighmaster" means any person who is engaged in any of the following:

(a) The business of weighing any object or thing for the public generally for hire or for internal use and issuing for that weighing a weight certificate intended to be accepted as an accurate weight on which a purchase or sale is to be based or on which a service fee is to be charged.

(b) The business of weighing for-hire motor vehicles, trailers or semitrailers and issuing weight certificates intended to be accepted as an accurate weight for the purpose of determining the amount of any tax, fee or other assessment on the vehicles.

34. "Reference standards" means the physical standards of the state that serve as the legal reference from which all other standards and weights and measures are derived.

35. "Registered service agency" means any agency, firm, company or corporation that for hire, award, commission or any other payment of any kind installs, services, repairs or reconditions a commercial device or tests or repairs vapor recovery systems or vapor recovery components and that has been issued a license by the division.

36. "Registered service representative" means any individual who for hire, award, commission or any other payment of any kind installs, services, repairs or reconditions a commercial device or tests or repairs vapor recovery systems or vapor recovery components and who has been issued a license by the division.

37. "Retail seller" means a person whose business purpose is to sell, expose or offer for sale or use any package or commodity by weight, measure or count.

38. "Secondary standards" means the physical standards that are traceable to the reference standards through comparisons, using acceptable laboratory procedures, and that are used in the enforcement of weights and measures laws and rules.

39. "Supplier" means any person that imports gasoline into a vehicle emissions control area by means of a pipeline or in truckload quantities for the person's own use within the vehicle emissions control area or any person that sells gasoline intended for ultimate consumption within a vehicle emissions control area, except that supplier does not mean a person with respect to gasoline supplied or sold by the person to another for resale to a retailer within a vehicle emissions control area or to a fleet owner for consumption within a vehicle emissions control area.

40. "Vehicle emissions control area" means a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A, or any portion of area B or C, except that such an area does not include a manufacturer's proving ground that is located in the vehicle emissions control area.

41. "Weight" as used in connection with any commodity means net weight.

42. "Weights" or "measures", or both, means all weights, measures, meters or counters of every kind, instruments and devices for weighing, measuring, metering or counting and any appliance and accessories associated with any or all such instruments and devices.
A.R.S. § 3-3431 — Arizona Code / Title 3 / Chapter 19 / Article 3 / Section 3431
3-3431 Sale of commodities
Status: in_force

3-3431. Sale of commodities

A. A person shall not sell or offer or expose for sale less than the quantity the person represents.

B. As a buyer, a person shall not take any more than the quantity the person represents when the person furnishes the weight or measure by means of which the quantity is determined.

C. A person shall not misrepresent the price of any commodity or service sold or offered, exposed or advertised for sale by weight, measure or count or represent the price in any manner calculated or tending to mislead or in any way deceive a person.

D. Except as otherwise provided by the associate director, commodities in liquid form shall be sold by liquid measure or by weight, and commodities not in liquid form shall be sold only by weight, by measure or by count, as long as the method of sale provides accurate quantity information.

E. If the quantity is determined by the seller, bulk sales shall be accompanied by a delivery ticket containing the following information unless exempted by rule:

1. The name and address of the vendor and purchaser.

2. The date delivered.

3. The quantity delivered and the quantity on which the price is based, if this differs from the delivered quantity.

4. The identity in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale.

5. The count of individually wrapped packages, if more than one.

F. Except as otherwise provided in this chapter or by rules adopted pursuant to this chapter, any package kept for the purpose of sale or offered or exposed for sale shall bear on the outside of the package a definite, plain and conspicuous declaration of:

1. The identity of the commodity in the package, unless the commodity can easily be identified through the wrapper or container.

2. The quantity of contents in terms of weight, measure or count.

3. The name and place of business of the manufacturer, packer or distributor, in the case of any package kept, offered or exposed for sale or sold in any place other than on the premises where packed.

4. The price, except as provided in subsections L, M and N of this section.

G. In addition to the declarations required by subsection F of this section, any package being one of a lot containing random weights of the same commodity and bearing the total selling price of the package shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight.

H. If a packaged commodity is advertised in any manner with the retail price stated, there shall be closely and conspicuously associated with the retail price a declaration of quantity as is required by law or rule to appear on the package. If a dual declaration is required, only the declaration that sets forth the quantity in terms of the smaller unit of weight or measure need appear in the advertisement.

I. The packager of a short weighted item offered for sale is liable under this chapter.

J. If a retail seller engaging in the sale of motor fuel posts the selling price of the fuel on the premises, the seller shall post the selling price only by the price per gallon, except that if the fuel is dispensed by a measure other than whole gallons the seller shall represent the selling price for each unit of such other measure on the individual pump or other dispensing device. If a retail seller engaging in the sale of motor fuel advertises the price of the fuel off the premises, the retail seller shall advertise the price only by the price per gallon.

K. The owner or operator of a motor fuel dispensing site shall ensure that a sticker provided by the department of transportation that is three inches by five inches and that depicts the amount of federal and state taxes imposed on one gallon of gasoline is displayed on one side of each motor fuel dispenser. The sticker required by this subsection shall contain white lettering on a black background or black lettering on a white background to ensure a contrasting color to the motor fuel dispenser and shall be placed on the upper sixty percent of the dispenser.  The division shall use stickers provided by the department of transportation.  A template of the sticker shall be placed on the division's website for use by retailers.

L. Instead of each package bearing the price as required under subsection F, paragraph 4 of this section, the seller may post the price of the package on the shelf or may display the price at or near the point of display of the product.

M. Instead of each package bearing the price as required under subsection F, paragraph 4 of this section, if the package is available for sale only with the assistance of a salesperson, the seller may display the package at a service counter staffed by the salesperson.

N. Instead of each package bearing the price as required under subsection F, paragraph 4 of this section, if the package is offered for sale at a price reduced by a percentage or a fixed amount from a previously offered price or at a reduced price for the purchase of multiple items, the reduction shall be displayed at the point of display of the package or near the point of display of the package in the manner required by this section.

O. On the request of a consumer, a retail seller shall provide:

1. A means of recording prices such as grease pencils, felt markers, scanners or other similar instruments for recording the price.

2. A written statement of the retail seller's policies regarding errors in pricing.
A.R.S. § 3-2002 — Arizona Code / Title 3 / Chapter 13 / Article 1 / Section 2002
3-2002 Application for license to slaughter
Status: in_force

3-2002. Application for license to slaughter

Every person, including an exempt slaughterer, before he begins or carries on the slaughter of livestock, sheep, goats or swine for compensation, shall make written application to the division for a license to slaughter, stating that the applicant will comply with the law and will not slaughter animals, or sell, exchange, or expose for sale the meat thereof, except in conformity with the law relating thereto and the rules of the director.
A.R.S. § 3-527.01 — Arizona Code / Title 3 / Chapter 3 / Article 4.3 / Section 527.01
3-527.01 Citrus, fruit and vegetable advisory council; membership; terms; vacancy; compensation; definition
Status: in_force

3-527.01. Citrus, fruit and vegetable advisory council; membership; terms; vacancy; compensation; definition

A. The citrus, fruit and vegetable advisory council is established consisting of members appointed by the governor as follows:

1. One citrus producer.

2. One apple, grape or tree fruit producer.

3. One iceberg lettuce producer from Yuma county.

4. Four fruit or vegetable producers, excluding producers exclusively engaged in growing citrus, apples, grapes or tree fruit, including one fruit or vegetable producer from Maricopa, Pinal or Pima county and one from Yuma or La Paz county.

5. One member from Santa Cruz county who is subject to article 4.1 of this chapter. If no person from Santa Cruz county applies for the position, the governor may appoint a member at large who is engaged in harvesting, holding or packing as defined in section 3-525 and who is subject to article 4.1 of this chapter.

6. One member who operates a farm or an entity engaged in harvesting or packing that is subject to article 4.1 of this chapter and for which, on a rolling basis during the three-year period before the member's appointment, the farm's average annual monetary value of produce sold or the value of the entity's harvesting or packing services was at least two hundred fifty thousand dollars but not more than five hundred thousand dollars.

B. The governor may consult with any recognized citrus, fruit and vegetable organization in this state in making appointments to the council.

C. The term of office of each council member is three years and shall begin on January 1 and end on December 31 of the appropriate year. On the expiration of a term of a member or in the event of a vacancy, a successor shall be appointed by the governor.

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

1. The member no longer meets the qualifications for appointment.

2. The member is unable to perform the duties on the council.

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

4. The member is absent from four consecutive council meetings if the absences have not been excused by the council.

E. Members of the council are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

F. For the purposes of this section, "producer" means a person that is engaged in the business of producing citrus, fruits or vegetables in this state or causing citrus, fruits or vegetables to be produced in this state for distribution and sale through interstate commerce.
A.R.S. § 3-588 — Arizona Code / Title 3 / Chapter 3 / Article 9 / Section 588
3-588 Administrative services; reimbursement
Status: in_force

3-588. Administrative services; reimbursement

A. The department shall provide through an intergovernmental agreement necessary administrative services to the council in conducting its activities including:

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

2. Establishing separate operating accounts for the council.

3. Providing necessary financial and accounting services to the council including issuing checks, paying bills approved by the council, preparing annual audits, expenditure and receipt reports whether monthly or annually and any other activities requested by the council.

4. Receiving mail and other communications for the council.

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

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

7. Providing meeting facilities for the council.

8. Providing for producer elections as provided in this article.

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

B. The council shall reimburse the department for all of the administrative services rendered for the benefit of the council from the monies received under this article in an amount agreed on by the council and department. Monies received by the department shall be deposited, pursuant to sections 35-146 and 35-147, in the administrative support fund established by section 3-108.
A.R.S. § 3-619 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 619
3-619 Qualification of sampler; license; certificate of proficiency; revocation
Status: in_force

3-619. Qualification of sampler; license; certificate of proficiency; revocation

A. No person shall sample milk or cream for the purpose of determining the amount of milk fat contained therein where the result of the test is used as a basis for payment for the milk or cream, or for official inspection or public record, unless licensed by the division. An applicant for a license shall give proof satisfactory to the associate director of his ability to perform his duties and shall pay a license fee of five dollars. The license shall be valid for the calendar year in which issued and upon payment of a renewal fee of one dollar fifty cents shall be renewed for each year in which the licensee desires to operate. A license not renewed prior to February 1 is void.

B. No person shall test milk or cream for the purpose of determining the butterfat content thereof, when the result of the test is used to determine the purchase sales value or the legal standard of the product, unless the tester has a tester's license. A tester's license may be obtained from the division by presenting a certificate of proficiency, and payment of a license fee of five dollars. The license shall be valid for the calendar year in which issued, and upon payment of a renewal fee of one dollar fifty cents shall be renewed for each year in which the tester desires to operate. A license not renewed prior to February 1 is void.

C. A certificate of proficiency may be obtained only from the department of dairy husbandry of the university of Arizona. The applicant therefor shall appear before the department of dairy husbandry or an official representative thereof and submit to such written examination and conduct such demonstration of laboratory technique as the department of dairy husbandry or its representative may require. Upon successfully completing the examination the department of dairy husbandry shall issue the certificate to an applicant displaying required proficiency. A tester's license issued by a state other than this state shall be accepted from the person named thereon in lieu of the certificate of proficiency, but the tester shall have been actively engaged in testing under the license for a period of not less than ninety days and shall furnish proof thereof. Each license shall be kept at the place in which the licensee is employed and shall be open to inspection.

D. A license may be revoked by the associate director, after a hearing upon due notice to the licensee, for a false statement in the application, dishonesty, incompetency or inaccuracy, or for violating any provision of this article. On request, the director shall review any action taken by the associate director under this subsection.
A.R.S. § 3-1083 — Arizona Code / Title 3 / Chapter 10 / Article 1 / Section 1083
3-1083 Council powers and duties
Status: in_force

3-1083. Council powers and duties

A. The council shall:

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

2. Meet at least once each calendar quarter and more frequently on the call of the chairman or by five members of the council.

3. Annually elect a chairman from among its members.

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

5. Establish an executive committee consisting of the chairman, secretary and treasurer.  An executive committee member may not serve in the same executive office for more than three years. The executive committee shall act in accordance with the direction received from the council or, if necessary, the executive committee shall act and bring the matter before the full council at the next regular meeting of the council for review and ratification.

6. Provide for a triennial audit of its accounts by a qualified public accounting firm and additional audits as the council may require and make an annual financial statement available to any producer and the auditor general on request.

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

8. Prepare an annual report of its activities, receipts and expenditures. The report shall be submitted to the governor, other state officers as the council determines and other persons in the cotton industry in this state as may be appropriate. Copies of the annual report shall be available to any interested cotton producer and the general public on request.

9. Organize and administer any referendum called for under subsection C, paragraph 9 of this section.

B. The council may authorize or contract for any of the following programs:

1. Those research programs that are related to cotton production or its protection, including cotton seed breeding or other research programs to develop germplasm.

2. Programs of aflatoxin control and cotton pest eradication.

3. A program to rebate a portion of collected fees to cotton producers to provide an incentive to plow up cotton fields in a timely manner.

4. Any other programs that the council deems to be appropriate for furthering the purposes of this article.

C. The council may:

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

2. Award grants of monies, property, services or other assistance to public or private recipients for the express purpose of furthering the objectives of this article, including research programs related to cotton protection and production authorized by the council.

3. Accept grants and donations of monies, property, services or other assistance from public or private sources for the express purpose of furthering the objectives of this article.

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 to sue and be sued in the name of the council.

5. Buy and sell seed and other products used in the council's aflatoxin control program, extend credit in connection with the sale and distribution of treated seed and other products, collect and enforce debts or obligations with respect to extended credit and take a security interest in collateral of all kinds, including real and personal property to secure the credit.

6. Cooperate with any local, state and national organizations or agencies engaged in activities similar to or related to those of the council and enter into contracts with these organizations or agencies for carrying on joint programs.

7. Acquire and protect patents, licenses or certificates of protection for plant varieties resulting from seed breeding or other programs authorized by the council and grant licenses to use intellectual property rights held by the council.

8. Act jointly and in cooperation with this state or any other state or the federal government in the administration of any program deemed by the council as beneficial to the cotton industry of this state.

9. Refer to the cotton producers in this state for an advisory vote the question of establishing, continuing or discontinuing any program authorized by this article.

10. Expend monies for public relations programs that are organized to promote the cotton industry or agriculture in this state.

11. Purchase and sell motor vehicles for the administration of its own motor vehicle fleet and provide for its operation and maintenance.

12. Provide monies to the department as necessary for the abatement of a cotton nuisance under section 3-204, subsection G or section 3-205, subsection G or for the plow up of cotton fields pursuant to section 3-204.01 to be loaned by and repaid to the council pursuant to section 3-1085, subsection B.
A.R.S. § 3-280 — Arizona Code / Title 3 / Chapter 2 / Article 3 / Section 280
3-280 Seizure, condemnation and sale of noncomplying materials
Status: in_force

3-280. Seizure, condemnation and sale of noncomplying materials

Any lot of fertilizer material 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 fertilizer material is located. If the court finds the fertilizer material to be in violation of this article and orders the condemnation of the fertilizer material, it shall be disposed of in any manner consistent with the quality of the fertilizer material and the laws of the state, but in no instance shall the disposition of the fertilizer material be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the fertilizer material or for permission to process or relabel the fertilizer material to conform it with this article.
A.R.S. § 3-607 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 607
3-607 Annual licenses; inspections; revocation; fees; exceptions
Status: in_force

3-607. Annual licenses; inspections; revocation; fees; exceptions

A. A person shall not operate a milk distributing plant or a manufacturing milk processing plant, engage in the business of producer-distributor or producer-manufacturer, or engage in the business of selling at wholesale milk or dairy products, or both, without a license. This section does not require:

1. An Arizona dairy farm producing raw milk for sale to be processed to secure a license to operate.

2. A retailer or wholesaler to secure a license from the division to convert a pasteurized mix into frozen dessert.

3. A food establishment regulated by the department of health services to secure a license from the division to manufacture frozen desserts using pasteurized milk or pasteurized milk-based products if the frozen dessert is manufactured and sold at the same food establishment for consumption on the premises and the food establishment has submitted a plan for approval to the regulatory authority under title 36 demonstrating that the manufacturing process complies with the rules adopted pursuant to section 36-136, subsection I, including pasteurization as defined in rule.  The division or the regulatory authority under title 36 may require a food establishment that manufactures frozen desserts using pasteurized milk or pasteurized milk-based products to provide samples of the frozen dessert to verify that the frozen dessert is pasteurized.

B. An application for a license shall be in writing in the form the associate director prescribes and shall be accompanied by the required filing fee.  On receipt of an application, the associate director or an authorized representative shall examine the premises in which the applicant proposes to do business, and if it appears that the applicant has complied with all provisions of law, the license shall be issued.

C. After issuance of the first annual license, a license may be issued on inspection of the premises and payment not later than February 1 of each year of the required fee. The inspection shall be made by the associate director or an authorized representative to determine whether the premises are maintained in compliance with law. A written report of the inspection shall be filed in the division office. An annual license is valid for the period beginning January 1 and ending December 31 of each year, and a license that is not renewed on or before February 1 of each year is void.

D. An application for a license to produce grade A milk for human consumption shall be made in the manner prescribed by subsections A and B of this section. The license shall be valid until revoked for failure to comply with the provisions of this article relating to the production of milk.  The associate director may suspend a license pending correction of deficiencies that violate this article.  If the identified deficiencies are not corrected within a reasonable time after the licensee is notified, the associate director may proceed to revoke the license.  Notice of a pending revocation shall be in writing, stating the cause, and setting a time during which the licensee may correct the cause for revocation. If the cause for revocation is not corrected within the time specified, the associate director, after a hearing and three days' notice of intention, may revoke the license. The director shall review the associate director's action on request of any person adversely affected by the action. A person holding a permit issued by a governmental agency operating outside of this state whose requirements are substantially the same as the requirements of this state shall be deemed to have a license meeting the requirements of this article, provided the facilities have first been inspected and approved also by a resident Arizona inspector, if in the opinion of the associate director such an inspection should be made. Any expense incurred for such an inspection shall be at the expense of the licensee.

E. Fees shall be paid as follows:

1. For a license or renewal of a license to operate a milk distributing plant or business, $50.

2. For a license or renewal of a license to operate a manufacturing milk processing plant, $50.

3. For a license or renewal of a license to engage in the business of producer-distributor or producer-manufacturer, $25.

4. For a license or renewal of a license to engage in the business of selling at wholesale milk or dairy products, or both, $25.

F. The associate director or dairy inspectors are authorized to inspect premises affected by this article and located outside of this state, and they shall receive subsistence and travel expenses in the amount provided for state officers, which shall be paid to the inspector by the owner of the premises inspected.

G. This section does not apply to a producer of raw milk.
A.R.S. § 3-3616 — Arizona Code / Title 3 / Chapter 20 / Article 2 / Section 3616
3-3616 Qualifying party; registration
Status: in_force

3-3616. Qualifying party; registration

A. A person shall not engage in the business of pest management in any category without a qualifying party registered in that category.

B. To be a qualifying party, an individual must:

1. Be a certified qualified applicator.

2. Register as a qualifying party with the division using a form and including the information prescribed by the director.
A.R.S. § 3-407 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 407
3-407 Official department list
Status: in_force

3-407. Official department list

A. The department shall compile a list for the purposes of notice and referendum or written assent procedures. The list shall include the names and addresses of all affected persons and the quantity of the affected commodity produced or shipped by the affected person in the two years preceding the notice or for a lesser time if the affected person has not produced or shipped the affected commodity for the preceding two years.

B. In compiling the list, the department may use records required to be kept by shippers and records reported to citrus, fruit and vegetable standardization by producers and shippers pursuant to articles 2 and 4 of this chapter and rules adopted pursuant to those articles. The department may also notify known affected persons and may request them to respond within fifteen days after the notice with any additional necessary information.

C. Information compiled by the department concerning individual totals of the affected commodity produced or shipped are confidential and are not subject to public disclosure.

D. The list is conclusive in determining whether a marketing order has been approved by referendum or written assent, but an affected person who is not on the department list may register with the department and vote in a referendum or file a written assent if the person submits satisfactory evidence to the department to verify that the affected person is qualified to vote.
A.R.S. § 3-713 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 713
3-713 Presumption of sale from possession
Status: in_force

3-713. Presumption of sale from possession

Possession by any person, firm or corporation engaged in the sale of eggs or egg products creates a presumption that the eggs or egg products are for sale.
A.R.S. § 3-2156 — Arizona Code / Title 3 / Chapter 13 / Article 5 / Section 2156
3-2156 Prohibited acts
Status: in_force

3-2156. Prohibited acts

A. A person shall not:

1. Slaughter any poultry or process any poultry products which are capable of use as human food at any establishment processing any such articles solely 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 poultry products 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 poultry products required to be inspected unless they have been so inspected and passed.

3. Do, with respect to any poultry products 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 products to be adulterated or misbranded.

4. Sell, transport, offer for sale or transportation or receive for transportation in intrastate commerce or from an official establishment any slaughtered poultry from which the blood, feathers, feet, head or viscera have not been removed in accordance with rules adopted by the director, except as may be authorized by rule.

5. Use to his own advantage, or reveal other than to the authorized representatives of the state government or any other government in their official capacity, or as ordered by a court in any judicial proceedings, any information acquired under the authority of this chapter concerning any matter which is entitled to protection as a trade secret.

B. No brand manufacturer, printer, or other person shall cast, print, lithograph or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the division.

C. A person shall not:

1. Forge any official device, mark or certificate.

2. Without authorization from the division use any official device, mark or certificate, or simulation thereof, or alter, detach, deface or destroy any official device, mark or certificate.

3. Contrary to the rules prescribed by the director, fail to use, or detach, deface or destroy, any official device, mark or certificate.

4. Knowingly possess, without promptly notifying the department or its representative, any official device or any counterfeit, simulated, forged or improperly altered official certificate or any device or label or any carcass of any poultry, or part or product thereof, bearing any counterfeit, simulated, forged or improperly altered official mark.

5. Knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the rules prescribed by the director.

6. Knowingly represent that any article has been inspected and passed or exempted, when in fact it has not been so inspected and passed or exempted.
A.R.S. § 3-632 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 632
3-632 Unlawful acts
Status: in_force

3-632. Unlawful acts

No person shall bring into the state, sell or offer for sale, milk or a milk product not meeting the requirements of this article, nor shall a person purchasing dairy products on the basis of butterfat content or weight, report false test or weight.
A.R.S. § 3-449.05 — Arizona Code / Title 3 / Chapter 3 / Article 2 / Section 449.05
3-449.05 Unlawful possession; inspection; proof of ownership; seizure; exceptions
Status: in_force

3-449.05. 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 citrus fruit 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 citrus fruit 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 citrus fruit.

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 citrus fruit 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 the citrus fruit.

G. If an investigation reveals the lawful owner of the citrus fruit that has been seized pursuant to this section, the citrus fruit shall be released to the owner or the owner's agent. If a seized citrus fruit remains unclaimed after a reasonable period of time, the associate director may donate the citrus fruit to a nonprofit charitable organization. If the citrus fruit 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. Citrus fruit that is transported from the farm where it is produced to a commercial packing plant in this state for processing or packing.

2. Citrus fruit that is 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. § 3-2911 — Arizona Code / Title 3 / Chapter 16 / Article 1 / Section 2911
3-2911 Cease and desist orders; hearing; subpoena; injunctions; revocation or suspension of license; probation
Status: in_force

3-2911. Cease and desist orders; hearing; subpoena; injunctions; revocation or suspension of license; probation

A. If the associate director has reason to believe that a person is violating or has violated a provision of or rule adopted under this article or the conditions of a license issued under this article, the associate director shall give the person written notice by certified mail that the person shall appear and show cause at a hearing conducted pursuant to title 41, chapter 6, article 10 not less than thirty days after the date of mailing the notice why the person should not be ordered to cease and desist from the violation.  The notice shall inform the person of the date, time and place of the hearing and the consequences of failure to appear.

B. At the hearing the administrative law judge shall issue a decision and order.  The decision and order may take such form as the administrative law judge determines to be reasonable and appropriate and shall include a determination of violation, a cease and desist order or the recommendation of a civil penalty.

C. If the person continues the violation after the administrative law judge has issued a final decision and order under subsection B, the associate director may apply for a temporary restraining order or preliminary or permanent injunction from the superior court 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.

D. In addition or as an alternative to seeking injunctive relief under subsection C, if the associate director finds that a licensee has violated or failed to comply with this article or a rule adopted under this article, the associate director may:

1. Suspend the license for a definite period of time.

2. Revoke the license.

3. Place the person whose license has been suspended on probation. If the assistant director places the licensee on probation and allows the licensee to continue to operate, that fact shall be entered into the records of the division relating to the suspension and probation.
A.R.S. § 3-931 — Arizona Code / Title 3 / Chapter 7 / Article 2 / Section 931
3-931 Enforcement powers and procedures
Status: in_force

3-931. Enforcement powers and procedures

A. An employee, officer or agent of the department may enter in or on any premises or other place, train, vehicle or other means of transportation within or entering this state, if he has reason to believe there is present or on such premises or means of transportation a protected native plant taken, transported or possessed in violation of this chapter.

B. A power granted pursuant to this chapter to any person may be exercised by a deputy, inspector or agent of the authorized person. A person who is authorized to enforce this chapter, including an employee of a state, the United States or an Indian tribe with which cooperative agreements have been made by the director, has powers of a peace officer to enforce this chapter. It is unlawful to interfere with or hinder the actions of a peace officer or an officer or employee of the department in the enforcement of this chapter.

C. In the enforcement of this chapter, a peace officer or an officer or employee of the department may make arrests without warrant for a violation of this chapter which he may witness and may confiscate, or seize by the attachment of a "warning hold" notice, any protected native plant found without a valid and properly affixed tag and seal when required by this chapter, or any plant by-product, fiber or wood from protected native plants found in the possession of a person without a valid receipt if a receipt is required under this chapter. It is unlawful to move or otherwise handle or dispose of any protected plant or part of a plant held under a "warning hold" notice, except with the express written permission of the enforcing officer, and for the specified purpose. Plants, by-products, fiber or wood confiscated under this subsection, if not released to the person from whom they were seized before such time, shall be disposed of by the department or pursuant to court order at the conclusion of the proceedings.

D. Devices, equipment or vehicles used in the illegal taking, transportation, destruction or mutilation of protected native plants may be seized by a peace officer or officer of the department on a temporary basis, not to exceed one working day, to permit the protected native plants or parts of plants involved in the illegal act to be moved to a secure location.

E. An officer, employee or agent of the department who is duly authorized to enforce this chapter, in addition to peace officers, may enforce title 41, chapter 4.1, article 4 and sections 13-3702 and 13-3702.01. Such an officer, employee or agent may make an arrest without warrant for violations witnessed by the officer, employee or agent and may confiscate archaeological and other specimens or objects if unlawfully excavated or collected.