A.R.S. § 3-406 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 406
3-406 Initiation of the marketing order process
Status: in_force

3-406. Initiation of the marketing order process

A. To initiate or substantially change a marketing order, an affected person shall file a petition with the department signed by ten per cent of producers or shippers, or both producers and shippers, of the affected commodity that is the subject of the proposed marketing order. The petition shall state:

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

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

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

4. A draft of the proposed marketing order.

5. The proposed method of voting.

6. Any other relevant information.

B. Within thirty days after receiving the petition, the department shall initiate developing a department list and shall prepare a budget to handle the petition. The department shall require a deposit from the petitioners to cover the costs of the public meeting and referendum or written assent procedures. The deposit may be reimbursed by any assessments received if the marketing order is approved.
A.R.S. § 3-1312 — Arizona Code / Title 3 / Chapter 11 / Article 4 / Section 1312
3-1312 Transporting equine in a cruel manner; violation; classification; definitions
Status: in_force

3-1312. Transporting equine in a cruel manner; violation; classification; definitions

A. A person shall not transport or cause or allow to be transported to a slaughtering establishment any equine in or on any vehicle with more than one level or tier.

B. The animal cargo space of vehicles used for the transportation of equines to slaughtering establishments must:

1. Be designed, constructed and maintained in a manner that at all times protects the health and well-being of any equine being transported.

2. Segregate any aggressive equine from the other equines in or on the vehicle.

3. Have sufficient interior height to allow each equine to stand with its head extended to the fullest normal postural height.

4. Be equipped with doors and ramps of sufficient size to provide for safe loading and unloading of any equine.

C. Before the transportation of any equine to a slaughtering establishment, the owner or shipper must:

1. For a period of not less than six consecutive hours immediately before any equine is loaded on the vehicle, provide each equine appropriate food, potable water and the opportunity to rest.

2. Load each equine on the vehicle so that:

(a) Each equine has enough floor space to ensure that no equine is crowded in a way likely to cause injury or discomfort.

(b) Any aggressive equine cannot come into contact with any other equine in or on the vehicle.

D. During transit to the slaughtering establishment, the owner or shipper must:

1. Drive in a manner to avoid causing injury to the equines.

2. Observe the equines as frequently as circumstances allow, but not less than once every six hours, to check the physical condition of the equines and ensure that all requirements of this section are being followed. The owner or shipper must obtain veterinary assistance as soon as practical for any equine in obvious physical distress.  Any equine that becomes nonambulatory during transit must be euthanized as soon as practical.

3. Offload from the vehicle any equine that has been in or on the vehicle for twenty-eight consecutive hours and provide the equine appropriate food, potable water and the opportunity to rest for at least five consecutive hours.

4. Transport all equines to a slaughtering establishment as expeditiously and carefully as possible in a manner that does not cause unnecessary discomfort, stress, physical harm or trauma.  Electric prods shall not be used on equines for any purpose while transporting the equines to a slaughtering establishment, including while loading or unloading the vehicle, except when human safety is threatened.

E. Transporting one equine in violation of this section is a class 3 misdemeanor.  A subsequent violation under this subsection is a class 2 misdemeanor.

F. Transporting two or more equine in violation of this section is a class 2 misdemeanor.  A subsequent violation under this subsection is a class 1 misdemeanor.

G. For the purposes of this section:

1. "Slaughtering establishment" has the same meaning prescribed in section 3-2001.

2. "Vehicle" has the same meaning prescribed in section 28-101.
A.R.S. § 3-2058 — Arizona Code / Title 3 / Chapter 13 / Article 2 / Section 2058
3-2058 Inspection of sanitation
Status: in_force

3-2058. Inspection of sanitation

The director shall cause to be made, by experts in sanitation or by other competent inspectors, such inspection of all slaughtering, meat-canning, salting, packing, rendering or similar establishments in which cattle, sheep, swine, goats, horses, mules and other equines are slaughtered and the meat and meat food products thereof are prepared for sale as may be necessary to determine the sanitary conditions of the establishment, and to prescribe the rules of sanitation under which such establishments shall be maintained. If the sanitary conditions of any such establishment are such that the meat or meat food products are rendered adulterated, the director shall refuse to allow such meat or meat food products to be labeled, marked, stamped or tagged as "inspected and passed."
A.R.S. § 3-704 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 704
3-704 Descriptive terms in general
Status: in_force

3-704. Descriptive terms in general

The definitions of terms descriptive of the shell, aircell and yolk, white and germ shall be those formulated by the United States department of agriculture for respective grades prescribed by the director.
A.R.S. § 3-3615 — Arizona Code / Title 3 / Chapter 20 / Article 2 / Section 3615
3-3615 Business license; financial security
Status: in_force

3-3615. Business license; financial security

A. A person who engages in the business of pest management shall obtain a valid business license from the division.  A person who is not exempt under this chapter and who advertises for, solicits or claims to be willing to engage in the business of pest management is presumed to be engaging in the business of pest management.

B. An application for an original or a renewal business license shall:

1. Be in a form and include the information prescribed by the director.

2. Be accompanied by the prescribed fee.

3. Include the following proof of financial security:

(a) Either a deposit of money, liability insurance, self-insured retention, a surety bond or a certified check protecting persons who may suffer bodily injury or property damage as a result of the operations of the applicant. The director shall not accept a bond or a liability insurance policy unless it is issued by an insurer that holds a valid certificate of authority or that is permitted to transact surplus lines insurance in this state.  The amount of the deposit, insurance, self-insured retention or bond shall be at least five hundred thousand dollars and shall be maintained at not less than that amount at all times during the licensing period. The license of a business licensee whose financial security falls below the minimum five hundred thousand dollars shall be suspended by the director and shall remain suspended until the security meets the minimum financial security requirement. The financial security need only cover those particular operations in which the licensee is engaged at any time.  If the financial security is in the form of liability insurance or a surety bond, the licensee shall furnish the director with a certificate of coverage that indicates the coverages and endorsements required by this subsection on a form prescribed by the director.

(b) Either of the following if the business licensee performs termite treatments:

(i) Proof of a surety bond in the amount of one hundred thousand dollars per business license for actual damages, including reasonable costs of collection suffered by persons as a result of termite damage due to negligent treatment.

(ii) Proof of a liability insurance policy rider in the amount of one hundred thousand dollars per business license that covers termite damage due to negligent treatment.

(c) If the business licensee provides wood-destroying insect inspection reports, proof of a surety bond or a liability insurance policy rider in the amount of one hundred thousand dollars per business license for actual damages plus reasonable costs of collection suffered by persons as a result of errors and omissions contained in the reports.

C. If an insurance policy provides for a deductible, the deductible amount shall not exceed one percent of the total financial security for each occurrence.  If the deductible amount is in excess of one percent of the total financial security for each occurrence, the business licensee shall provide other security as provided in this section or other evidence of financial security for the excess deductible amount.

D. If the financial security is in the form of liability insurance, a licensee shall maintain a coverage endorsement for pesticides and herbicides, fumigation, care, custody and control, rights-of-way, wood-destroying insect inspection report errors and omissions and pollution transit for its applicable license categories.

E. If the proof of financial security on file with the division expires, the business license is automatically suspended until a current certificate of insurance or proof of financial responsibility is furnished to the director.
A.R.S. § 3-2123 — Arizona Code / Title 3 / Chapter 13 / Article 4 / Section 2123
3-2123 Slaughterhouses and processing houses; separation from other meat handling; inspection; hearing; revocation of license; exemption of retailers
Status: in_force

3-2123. Slaughterhouses and processing houses; separation from other meat handling; inspection; hearing; revocation of license; exemption of retailers

A. The slaughtering of horses and preparation, processing, packing and storing of horsemeat and horsemeat products shall be conducted in a house or establishment separate from a house or establishment in which cattle, sheep, swine or goats are slaughtered or prepared, or any meat or meat food products thereof are prepared or handled.

B. Establishments for the slaughter of horses or the preparation and processing of horsemeat and horsemeat products shall at all times, whether in operation or not, be subject to and accessible for inspection by inspectors of the division for the purpose of ascertaining the sanitary condition thereof.

C. The premises of a slaughterhouse or establishment shall be kept in a sanitary condition. If the sanitary conditions of such an establishment are such that the horsemeat or horsemeat food products handled therein are rendered unclean, unsound, unhealthful, unwholesome or unfit for human food, the examining inspector shall refuse to allow the horsemeat or horsemeat food products to be labeled, marked or stamped as inspected and passed.

D. An operator of a slaughterhouse or establishment who fails to keep it in a sanitary condition or to comply with the rules of the director or the orders issued by an inspector of the department shall be reported, and the associate director may, in his discretion, revoke the license of the offending operator, subject to the right to a hearing pursuant to title 41, chapter 6, article 10.

E. Nothing in subsections A and B shall be construed to prevent a person or establishment engaged in the selling of meat to the ultimate consumer exclusively at retail from storing, cutting, slicing, grinding, trimming or boning horsemeat in preparation for sale at retail in such establishment.
A.R.S. § 3-125 — Arizona Code / Title 3 / Chapter 1 / Article 3 / Section 125
3-125 Plan of extension work; annual report
Status: in_force

3-125. Plan of extension work; annual report

The director of the agricultural extension service of the university of Arizona shall annually present a plan of extension work in the state for the ensuing year, for the approval of the board of regents. The county agent-in-charge in each county shall annually present to and for the approval of the board of supervisors of the county and the county agricultural extension board a detailed report of extension activities in the county for the preceding fiscal year, including a detailed report of receipts and disbursements, and a plan of extension work in the county for the ensuing year. The financial reports shall be on forms prescribed by the board of regents.
A.R.S. § 3-2162 — Arizona Code / Title 3 / Chapter 13 / Article 5 / Section 2162
3-2162 Exemptions and exceptions
Status: in_force

3-2162. Exemptions and exceptions

A. The following shall be exempted from the provisions of this article:

1. Retail dealers with respect to poultry products sold directly to consumers in individual retail stores, if the only processing operation performed by such retail dealers is the cutting up of poultry products on the premises where such sales to consumers are made.

2. Persons slaughtering, processing or otherwise handling poultry or poultry products which have been or are to be processed as required by recognized religious dietary laws, to the extent that the director determines necessary to avoid conflict with such requirements while still effectuating the purposes of this article.

3. The slaughtering by any person of poultry of his own raising, and the processing by him and transportation of the poultry products exclusively for use by him and members of his household and his nonpaying guests and employees.

4. The custom slaughter by any person of poultry delivered by the owner thereof for such slaughter, and the processing by such slaughterer and transportation of the poultry products exclusively for use, in the household of such owner, by him and members of his household and his nonpaying guests and employees, if the custom slaughterer does not engage in the business of buying or selling any poultry products capable of use as human food.

5. The slaughtering and processing of poultry products by any poultry producer on his own premises with respect to sound and healthy poultry raised on his premises and the distribution by any person of the poultry products derived from such operations, if, in lieu of other labeling requirements, such poultry products are identified with the name and address of such poultry producer, and if they are not otherwise misbranded, and are sound, clean and fit for human food when so distributed.

6. The slaughtering of sound and healthy poultry or the processing of poultry products of such poultry by any poultry producer or other person for distribution by him directly to household consumers, restaurants, hotels and boarding houses for use in their own dining rooms, or in the preparation of meals for sales direct to consumers, if, in lieu of other labeling requirements, such poultry products are identified with the name and address of the processor, and if they are not otherwise misbranded and are sound, clean and fit for human food when distributed by such processor.

B. In addition to the specific exemptions authorized in subsection A, the director shall, when he determines that the protection of consumers from adulterated or misbranded poultry products will not be impaired by such action, provide by rule, consistent with subsection C, for the exemption of the operation and products of small enterprises including poultry producers, not exempted under subsection A, which are engaged in slaughtering or cutting up poultry for distribution as carcasses or parts thereof, solely for distribution within this state, from such provisions of this article as he deems appropriate, while still protecting the public from adulterated or misbranded products under such conditions, including sanitary requirements, as he prescribes.

C. The exemptions provided for in subsection A, paragraphs 4 and 5 shall not apply if the poultry producer or other person engages in the current calendar year in the business of buying or selling any poultry or poultry products other than as specified in such paragraphs. No such exemption or an exemption under subsection B shall apply to any poultry producer or other person who slaughters or processes the products of more than five thousand turkeys or an equivalent number of poultry of all species in the current calendar year with four birds of other species being deemed the equivalent of one turkey.

D. The provisions of this article requiring inspection shall not apply to operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities or service of such articles to consumers at such establishments, if no poultry or poultry products are processed at the establishment for distribution outside this state or otherwise subject to inspection under the federal poultry products inspection act.

E. This article does not apply to poultry producers with respect to poultry of their own raising on their own farms if such producers slaughter not more than two hundred fifty turkeys, or not more than an equivalent number of birds of all species, during the calendar year for which this exemption is being determined with four birds of other species being deemed the equivalent of one turkey or such poultry producers do not engage in buying or selling poultry products other than those produced from poultry raised on their own farms, and such poultry moves only in intrastate commerce.

F. The adulteration and misbranding provisions of this article, other than the requirement of the inspection legend, shall apply to articles which are exempted from inspection under this section, except as otherwise specified under subsection A, B or E.

G. The director may by order suspend or terminate any exemption under subsection A or B with respect to any person whenever he finds that such action will aid in effectuating the purposes of this article.
A.R.S. § 3-3109 — Arizona Code / Title 3 / Chapter 17 / Article 1 / Section 3109
3-3109 Emergency temporary standards
Status: in_force

3-3109. Emergency temporary standards

A. The department may provide for emergency temporary standards or rules to take immediate effect on filing with the secretary of state if it determines that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards and that the emergency standard or rule is necessary to protect employees from such danger.

B. Emergency temporary standards or rules are effective until superseded by standards or rules adopted pursuant to section 3-3108.

C. On filing such a standard or rule with the secretary of state the department shall begin a proceeding pursuant to section 3-3108 and the emergency temporary standard or rule shall serve as a proposed standard or rule for the proceeding. The department shall adopt a standard or rule under this subsection no later than six months after filing the emergency temporary standard or rule

D. Emergency temporary standards are not subject to title 41, chapter 6, but the department shall provide twenty days' advance notice of the meeting at which the emergency temporary standard will be adopted, and the proposed standard. The department shall receive public testimony at the meeting regarding the emergency temporary standard.
A.R.S. § 3-913 — Arizona Code / Title 3 / Chapter 7 / Article 1 / Section 913
3-913 Fiscal provisions; fees; Arizona protected native plant trust fund
Status: in_force

3-913. Fiscal provisions; fees; Arizona protected native plant trust fund

A. The department shall collect nonrefundable fees for issuing permits, tags, seals and receipts under this article, except for scientific purposes, from landowners moving protected plants from one of their properties to another, or from the independent owner of residential property of ten acres or less if no such plants are to be offered for sale.

B. The director shall establish the amount of the fee by rule to reasonably reflect the cost to the department for administering this chapter or to reflect the value of the service, permit, tag, seal or receipt, including at least the following amounts:

1. For cereus giganteus (saguaro), at least three dollars for each plant.

2. For native plants that the director determines to be useful for revegetation and that cannot be salvaged economically at a higher fee, at least twenty-five cents per plant.

3. For all other native plants, at least two dollars for each plant.

4. For all receipts for live harvest restricted native plants cut or removed for wood, at least one dollar per cord.

5. For a permit for the by-products or fiber of harvest restricted native plants, at least one dollar per ton.

C. The Arizona protected native plant trust fund is established for the exclusive purpose of implementing, continuing and supporting the program established by this chapter. All fees and other monies collected under this chapter except civil penalties assessed pursuant to section 3-933 or 3-934 shall be deposited in the trust fund.  The director shall administer the trust fund as trustee.  The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury, which are considered to be trust monies as defined in section 35-310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. On notice from the director, the state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35-313 and 35-314.03 and monies earned from investment shall be credited to the trust fund.  The beneficiary of the trust is the program established by this chapter. The trust fund shall be used exclusively for the purposes of this chapter on the order of the director.  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. § 3-1084 — Arizona Code / Title 3 / Chapter 10 / Article 1 / Section 1084
3-1084 Council staff; administrative services
Status: in_force

3-1084. Council staff; administrative services

A. The council may employ staff, including a staff director, at a rate of compensation determined by the council, to serve at the pleasure of the council and shall prescribe the terms and conditions of employment of employees as necessary to perform the functions prescribed by this article.

B. All employees of the council 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.

C. The council may enter into interagency agreements with the department to provide necessary administrative services to the council, including secretarial and other services necessary for the council to carry out its activities.
A.R.S. § 3-3125 — Arizona Code / Title 3 / Chapter 17 / Article 1 / Section 3125
3-3125 Trainer certification
Status: in_force

3-3125. Trainer certification

A. The assistant director shall develop a certification program for training persons who train employers and employees in agricultural health and safety standards as provided by section 3-3105.

B. The assistant director may recommend to the director for the adoption of rules relating to certifying trainers pursuant to this section.

C. The assistant director may deny, revoke or suspend a trainer certification or training program if the assistant director has reasonable grounds to believe that the training program does not comply, or the trainer has violated or failed to comply, with the agricultural safety training program.

D. The trainer may request in writing that the department provide an administrative hearing to appeal any denial, revocation or suspension of the approval pursuant to rules adopted by the department.

E. The assistant director may provide a trainer at the request of and for the assistance of the livestock and agriculture committee established pursuant to section 5-113, subsection C.
A.R.S. § 3-2641 — Arizona Code / Title 3 / Chapter 15 / Article 2 / Section 2641
3-2641 Marking and labeling egg mash containers; violation; classification
Status: in_force

3-2641. Marking and labeling egg mash containers; violation; classification

A. It is unlawful to sell, offer or expose for sale, chicken or hen food, commonly known as egg mash, unless each original container has attached thereto a plainly marked tag, not less than two and one-half by five inches in size, on which is distinctly printed the analysis, guaranteed by the manufacturer, of the ingredients thereof.

B. A person violating this section is guilty of a class 3 misdemeanor.
A.R.S. § 3-728 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 728
3-728 Nonconforming eggs; refusal of carrier to ship; reservation in bill of lading
Status: in_force

3-728. Nonconforming eggs; refusal of carrier to ship; reservation in bill of lading

A person, forwarding company or common carrier may decline to ship or transport eggs or egg products when notified by an inspector that the eggs or egg products are not in conformity with the provisions of this article, and any person, forwarding company or common carrier may reserve the right in the receipt, bill of lading or other writing given to the shipper to reject for shipment and to return to, or hold at the expense and risk of the shipper, eggs or egg products which upon inspection are found not in conformity with this article.
A.R.S. § 3-3120 — Arizona Code / Title 3 / Chapter 17 / Article 1 / Section 3120
3-3120 Employee discharge or discrimination
Status: in_force

3-3120. Employee discharge or discrimination

The prohibitions, rights, remedies and procedures prescribed pursuant to section 23-425 apply to agricultural employment.
A.R.S. § 3-1209 — Arizona Code / Title 3 / Chapter 11 / Article 1 / Section 1209
3-1209 Counterfeiting
Status: in_force

3-1209. Counterfeiting

A. No brand manufacturer, printer, or other person, firm or corporation 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 department.

B. No person, firm, or corporation shall:

1. Forge any official device, mark or certificate.

2. Without authorization from the department 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 animal 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 under this chapter when in fact it has not been so inspected and passed or exempted.
A.R.S. § 3-2169 — Arizona Code / Title 3 / Chapter 13 / Article 5 / Section 2169
3-2169 Limitation
Status: in_force

3-2169. Limitation

Nothing in this article shall be construed to modify or repeal any provision of chapter 5 of this title, relating to the regulation of eggs and egg products.
A.R.S. § 3-2005 — Arizona Code / Title 3 / Chapter 13 / Article 1 / Section 2005
3-2005 Licensee's record of animals purchased or slaughtered; monthly copy for the department; violation; classification
Status: in_force

3-2005. Licensee's record of animals purchased or slaughtered; monthly copy for the department; violation; classification

A. Every person licensed to slaughter livestock, sheep, goats, swine or equines shall keep an accurate record in a book maintained for that purpose of all such animals purchased or slaughtered. The record shall include a description of all animals purchased or slaughtered, the marks and brands, if any, the name and residence of the person from whom purchased and the date of such purchase. The licensee shall at the end of each month make a true copy of the record for that month, which he shall keep on his premises for one year.

B. A person who knowingly fails to keep the record required by this section, or who refuses to exhibit it to an inspector or other authorized representative of the department who demands that it be exhibited, is guilty of a petty offense.
A.R.S. § 3-488 — Arizona Code / Title 3 / Chapter 3 / Article 4 / Section 488
3-488 Confidentiality of records; inspection of records
Status: in_force

3-488. Confidentiality of records; inspection of records

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

B. Records of shippers are subject to inspection during business hours by the associate director or the associate director's designee. The associate director or designee may investigate any records of any transaction of a commission merchant for possible violations of this article.
A.R.S. § 3-347 — Arizona Code / Title 3 / Chapter 2 / Article 5 / Section 347
3-347 Delegation of duties
Status: in_force

3-347. Delegation of duties

All authority vested in the director under this article may with like force and effect be executed by his authorized representatives as he designates for such purpose.
A.R.S. § 3-601.01 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 601.01
3-601.01 Product standards; rules
Status: in_force

3-601.01. Product standards; rules

A. The federal definitions and standards of identity for the following, which are adopted pursuant to the federal food, drug and cosmetic act, as amended (52 Stat. 1040; 21 United States Code section 301 et seq.) and in effect on July 1, 1989, are the standards of identity for all such products in this state:

1. Milk and cream (title 21 Code of Federal Regulations part 131).

2. Cheeses and related cheese products (title 21 Code of Federal Regulations part 133).

3. Frozen desserts (title 21 Code of Federal Regulations part 135).

4. Lactose (title 21 Code of Federal Regulations section 168.122).

5. Whey (title 21 Code of Federal Regulations section 184.1979).

6. Reduced lactose whey (title 21 Code of Federal Regulations section 184.1979a).

7. Reduced minerals whey (title 21 United States Code section 184.1979b).

8. Whey protein concentrate (title 21 United States Code section 184.1979c).

B. Any product listed in subsection A that is sold in this state and that conforms to the definitions and standards that are adopted pursuant to the federal act in effect on July 1, 1989 is deemed to comply with subsection A of this section.

C. The associate director may recommend to the director for adoption a rule to designate any other food product as a manufactured milk product and subject to regulation as a manufactured milk product if the food product is prepared or manufactured in whole or in part from any products listed in section 3-601, paragraph 10.
A.R.S. § 3-279 — Arizona Code / Title 3 / Chapter 2 / Article 3 / Section 279
3-279 Cease and desist order
Status: in_force

3-279. Cease and desist order

A. If the director has reasonable cause to believe from investigation that any fertilizer material is being offered or exposed for sale in violation of any of the provisions of this article, the director may serve the person a cease and desist order requiring such person, on receiving the notice, to immediately cease and desist from such act. The order shall be served by any method of service authorized by the Arizona rules of civil procedure.

B. After service is made upon such person of a cease and desist order, the 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. The action shall be tried de novo.
A.R.S. § 3-2011 — Arizona Code / Title 3 / Chapter 13 / Article 1 / Section 2011
3-2011 Slaughter of animals by producer or owner for own use; inspection of hides; violation; classification
Status: in_force

3-2011. Slaughter of animals by producer or owner for own use; inspection of hides; violation; classification

A. Producers or owners who slaughter livestock, sheep, goats, swine or equines for the purpose of using the meat for food for themselves, their immediate family or employees, and not for sale, shall not be required to procure a special permit or a license to slaughter as required by this article, but the whole hide of all livestock so slaughtered, except swine, shall be hung in a conspicuous place on the premises of the producer or owner and kept there until the hide has been inspected and marked or tagged by a livestock officer. The meat from the livestock so slaughtered shall not be removed from the premises of the producer or owner without being stamped "not for sale" by the livestock officer.

B. A person other than the owner or producer who slaughters livestock described in subsection A shall keep the whole hide of all livestock so slaughtered except swine until the hide has been inspected and marked or tagged by a livestock officer and the meat from the livestock so slaughtered has been stamped "not for sale" by the livestock officer.

C. Every person who slaughters livestock of another as described in subsection B shall be licensed pursuant to rules of the director.

D. A person failing to comply with this section is guilty of a class 2 misdemeanor.
A.R.S. § 3-628 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 628
3-628 Misbranding
Status: in_force

3-628. Misbranding

A dairy product not bearing a label as prescribed by this article, or which displays on a label or by reference, placard or advertisement, a symbol, letter, figure, word or combination thereof indicating that the product is of a grade, class, quality or composition other than its true grade, class, quality or composition, is misbranded.
A.R.S. § 3-368 — Arizona Code / Title 3 / Chapter 2 / Article 6 / Section 368
3-368 Enforcement; consultation with attorney general; citations and notices of violation
Status: in_force

3-368. Enforcement; consultation with attorney general; citations and notices of violation

A. The director is responsible for enforcing this article and shall receive and shall promptly and efficiently process all complaints regarding pesticide use.  The director shall furnish to the attorney general a copy of each complaint filed under this article and copies of all investigative reports, citations, hearing notices and other action or pending action documents.  Before a final disposition of a pesticide complaint the director and the attorney general shall jointly review the case to ensure that proper action is taken and to determine whether additional action or prosecution is required.

B. The director shall notify all persons who submit complaints alleging violations of this article or rules adopted pursuant to this article of the progress, status and disposition of their complaints.

C. 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 or property damage, the director may issue a letter of warning.  A letter of warning issued pursuant to this subsection is not subject to section 3-363, paragraph 12.

D. If the director following an inspection or investigation determines that a de minimis violation occurred, the director shall issue a notice of de minimis violation and maintain a record of the violation for three years.  A person receiving a notice of de minimis violation may request a hearing pursuant to title 41, chapter 6, article 10.

E. If the director following an inspection or investigation determines that a nonserious or serious violation occurred, the director shall issue a written citation.  The citation shall be issued within twenty days for a nonserious violation or within ten days for a serious violation.  Each citation shall contain the following:

1. A particular description of the nature of the violation, including a reference to the provision of this article.

2. A reasonable time to abate the violation or take appropriate action.

3. A notice of the right to a hearing pursuant to title 41, chapter 6, article 10.

F. No citation or notice of de minimis violation may be issued after the expiration of six months from the date of the inspection which 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 or notice of de minimis violation may be issued after the expiration of six months from the date any additional alleged violator is identified by the department.
A.R.S. § 3-376 — Arizona Code / Title 3 / Chapter 2 / Article 6 / Section 376
3-376 Discrimination prohibited
Status: in_force

3-376. Discrimination prohibited

A. No person may intimidate, threaten, restrain, coerce, blacklist, discharge or in any manner discriminate against any person because that person has filed a complaint or instituted, or caused to be instituted, a proceeding under this article or has testified or is about to testify in such a proceeding or has exercised, on behalf of himself or others, any right or protection afforded by this article.

B. A person who believes he has been discriminated against in violation of this section may, within one hundred eighty days after the violation, file a complaint with the attorney general. On receipt of the complaint, the attorney general may investigate as he deems appropriate. If, after investigation, the attorney general determines that this section has been violated, he may bring an action in superior court against any alleged violator.

C. In an action brought under this section, the court has jurisdiction to restrain a violation and order any appropriate relief, including rehiring or reinstatement of a person, with back pay and double damages.
A.R.S. § 3-1456 — Arizona Code / Title 3 / Chapter 11 / Article 9 / Section 1456
3-1456 Suspension or revocation of licenses; hearing; appeal
Status: in_force

3-1456. Suspension or revocation of licenses; hearing; appeal

The suspension or revocation of feed lot licenses and hearings and appeals related thereto shall be in accordance with the provisions of section 3-1206.
A.R.S. § 3-622 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 622
3-622 Regulation of manufactured milk products
Status: in_force

3-622. Regulation of manufactured milk products

The associate director shall regulate the production, processing, manufacturing, labeling, storing, transportation, handling and sale of manufactured milk products according to the general specifications for dairy plants as published by the United States department of agriculture. As used in the general specifications, "administrator" means the associate director or his authorized representative.
A.R.S. § 3-2693 — Arizona Code / Title 3 / Chapter 15 / Article 4 / Section 2693
3-2693 Inspection of establishments selling meat for animal food
Status: in_force

3-2693. Inspection of establishments selling meat for animal food

The associate director may inspect any establishment from which there is being sold or offered for sale any meat or meat food product intended for use as food for animals, and if found not decharacterized as provided in section 3-2692, the meat or meat food product may be condemned and disposed of under the supervision of an inspector.
A.R.S. § 3-3511 — Arizona Code / Title 3 / Chapter 19 / Article 7 / Section 3511
3-3511 Definitions
Status: in_force

3-3511. Definitions

In this article, unless the context otherwise requires:

1. "Annual throughput" means the amount of gasoline transferred into or dispensed from a gasoline dispensing site during twelve consecutive months.

2. "Clean air act" means the clean air act of 1963 (P.L. 88-206; 42 United States Code section 7401-7671) as amended by the clean air act amendments of 1990 (P.L. 101-549).

3. "Gasoline dispensing site" means any site where gasoline is dispensed into a motor vehicle fuel tank from any stationary storage vessel.

4. "Stage I vapor recovery system" means a combination of pipes and hoses that creates a closed system between the vapor spaces of an unloading gasoline cargo tank and a receiving storage tank so that vapors displaced from the storage tank are transferred to the gasoline cargo tank being unloaded.
A.R.S. § 3-703 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 703
3-703 Definitions of inedible eggs
Status: in_force

3-703. Definitions of inedible eggs

In this article, unless the context otherwise requires:

1. "Addled" or "white rot" means putrid or rotten.

2. "Adherent yolk" means the yolk has become fastened to the shell.

3. "Adulterated eggs" are eggs that are filthy, putrid, decomposed or otherwise unfit for food in whole or in part.

4. "Denatured eggs" are eggs made unfit for human food by treatment or the addition of a foreign substance or ordure or chemical.

5. "Inedible eggs" are those described and classed as black rots, white rots, mixed rots (addled eggs), sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty eggs, eggs showing blood rings, denatured eggs, adulterated eggs, or eggs containing embryo chicks (at or beyond the blood ring stage), eggs containing large blood and meat spots, or any other eggs that are filthy, decomposed or putrid.

6. "Loss" means eggs that are inedible, smashed, broken so that the contents are leaking, contaminated, or which contain bloody whites, large blood spots, large unsightly meat spots or other foreign material.

7. "Moldy" or "black spot" or "black rot" means the presence of mold or bacteria inside the shell.
A.R.S. § 3-106 — Arizona Code / Title 3 / Chapter 1 / Article 1 / Section 106
3-106 Advisory committees
Status: in_force

3-106. Advisory committees

A. The director or, by delegation, the associate director of a division may appoint ad hoc advisory committees to consider, assist and make recommendations to the associate director or division council on any issue under the division's jurisdiction. The director or, by delegation, the deputy director may appoint ad hoc advisory committees to consider, assist and make recommendations to the deputy director on any issue relating to the state agricultural laboratory, the office of agricultural safety or the office of inspections.

B. Any agriculture related organization may request the formation of and representation on an advisory committee, and an associate director may request the formation of and nominate advisory committee members to the director, but the actual appointments to the advisory committee are at the discretion and pleasure of the director. Members of advisory committees shall serve without compensation but are eligible for reimbursement for travel and other expenses as provided by law. Advisory committees are public bodies for purposes of title 38, chapter 3, article 3.1.

C. The director shall assign the subjects, conditions, terms of appointments and deadlines for advisory committees to complete their work and may provide for the termination or indefinite continuation of any advisory committee. The associate director, or deputy director, as appropriate, shall make a written response to the advisory committee within fifteen days to each formal recommendation made by the advisory committee.
A.R.S. § 3-3612 — Arizona Code / Title 3 / Chapter 20 / Article 2 / Section 3612
3-3612 Political subdivisions; exemptions; definition
Status: in_force

3-3612. Political subdivisions; exemptions; definition

A. A political subdivision that uses pesticides to conduct pest management on property that is owned, leased or managed by the political subdivision, including easements:

1. Is not required to be licensed under section 3-3615.

2. Must provide the department with the name and telephone number of the primary contact person or persons responsible for responding to department inquiries or concerns regarding compliance with this chapter.  The primary contact person or persons at a minimum shall demonstrate to the department:

(a) Where the records are retained.

(b) Where the personal protective equipment is located.

(c) Where the pesticides are stored.

(d) That all applicators are properly certified.

B. A school district is exempt from subsection A, paragraph 2 of this section, but shall have a qualifying party who is registered in the appropriate categories.

C. An employee of a political subdivision who provides pest management services must be a certified applicator except as provided by subsection D of this section.

D. The following individuals are exempt from the certification requirements of this chapter:

1. An employee of a political subdivision who applied pesticides for the political subdivision no more than ninety calendar days before certification. This exemption does not apply to an employee who applies pesticides at a school or child care facility.

2. An employee of a political subdivision or designated agent while performing emergency response or rescue services.

3. A volunteer of a political subdivision while applying herbicides for the purpose of the eradication and control of noxious weeds as defined in section 3-201 and who is under the immediate supervision of a certified applicator. This exemption does not apply to a volunteer of a political subdivision who:

(a) Applies herbicides at a school or child care facility.

(b) Uses herbicides that are labeled with the words "restricted use" or "danger".

(c) Uses sterilants.

(d) Uses application equipment that holds more than four gallons of total mixed liquid herbicide.

(e) Has not completed an herbicide application training program conducted by the political subdivision and approved by the division.

E. For the purposes of this section, "volunteer" means a person who works without compensation other than reimbursement of actual expenses incurred or disbursement of meals or other incidental benefits.
A.R.S. § 3-2159 — Arizona Code / Title 3 / Chapter 13 / Article 5 / Section 2159
3-2159 Violations; classification
Status: in_force

3-2159. Violations; classification

A. Any person who violates section 3-2156, 3-2157, 3-2158 or 3-2161 is guilty of a class 1 misdemeanor, but if such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated, except as defined in section 3-2151, paragraph 1, subdivision (i), such person is guilty of a class 6 felony. When construing or enforcing the provisions of this article omission or failure of any person acting for or employed by any individual, partnership, corporation or association within the scope of his employment or office shall in every case be deemed the act, omission or failure of such individual, partnership, corporation or association, as well as of such person.

B. No carrier shall be subject to the penalties of this article, other than the penalties for violation of section 3-2158, by reason of his receipt, carriage, holding or delivery, in the usual course of business as a carrier of poultry or poultry products owned by another person, unless the carrier has knowledge or is in possession of facts which would cause a reasonable person to believe that such poultry or poultry products were not inspected or marked or were otherwise not eligible for transportation or unless the carrier refuses to furnish on request of a representative of the department the name and address of the person from whom he received such poultry or poultry products, and copies of all documents, if any, pertaining to the delivery of the poultry or poultry products to such carrier.

C. A person who violates a provision of this article for which a specific criminal classification is not prescribed is guilty of a class 2 misdemeanor.
A.R.S. § 3-3495 — Arizona Code / Title 3 / Chapter 19 / Article 6 / Section 3495
3-3495 Area B; sale of gasoline; oxygen content
Status: in_force

3-3495. Area B; sale of gasoline; oxygen content

A. From and after September 30 through March 31 of each year, all gasoline that is supplied or sold by any person and that is intended as a final product for the fueling of motor vehicles within area B or that is consumed in a motor vehicle within area B by a fleet owner shall contain not less than 1.8 percent by weight of oxygen nor more than the maximum percentage of oxygen allowed by the provisions of a waiver issued by the United States environmental protection agency.

B. Notwithstanding subsection A of this section, at any time earlier than sixty days before September 30 of each year, the designated air quality planning agency for area B with the concurrence of the director of the department of environmental quality may give notice, pursuant to the applicable plan required under section 49-406 for the Tucson air planning area, to the associate director of the division that the minimum oxygen content for the ensuing oxygenate seasons will be increased not less than .3 percent by weight of oxygen and not more than the maximum percentage of oxygen allowed for oxygenates by provisions of a waiver issued or other limits established by the United States environmental protection agency. Before making a determination to increase the minimum oxygen content pursuant to this subsection, the designated air quality planning agency for area B shall consider and conduct a cost-benefit analysis on all reasonable carbon monoxide emission reduction measures that could be implemented in lieu of increasing the minimum oxygen content.
A.R.S. § 3-1299 — Arizona Code / Title 3 / Chapter 11 / Article 4 / Section 1299
3-1299 Herding, grazing or pasturing sheep or goats on cattle range; classification; priority of right to use of range; exceptions
Status: in_force

3-1299. Herding, grazing or pasturing sheep or goats on cattle range; classification; priority of right to use of range; exceptions

A. A person owning or having charge of sheep or goats who knowingly herds, grazes or pastures them or recklessly permits them to be herded, grazed or pastured on a cattle range previously occupied by cattle or upon a range usually occupied by cattle either as a spring, summer or winter range, is guilty of a class 2 misdemeanor and each day of violation of this section constitutes a separate offense.

B. The priority of right between cattle and sheep owners to a range is determined by priority in the usual and customary use of the range, either as a cattle or sheep range.

C. Nothing in this section shall be construed to prohibit herding or grazing sheep over or upon a mixed range. A person who purchases an entire cattle range or lands or right to possession or use thereof, theretofore used as a cattle range or cattle grazing ground, or the grantees or assigns of any such person may thereafter use the range or ground as lambing or grazing grounds for sheep, subject to the provisions of this section.
A.R.S. § 3-1429 — Arizona Code / Title 3 / Chapter 11 / Article 8 / Section 1429
3-1429 Exemption of incorporated city or town from provisions of article
Status: in_force

3-1429. Exemption of incorporated city or town from provisions of article

A. Nothing in this article shall affect any ordinance of an incorporated city or town relating to stock running at large in the incorporated city or town nor shall its provisions apply to any land that is located within an incorporated city or town.

B. Any penalties imposed by a municipal ordinance relating to stock running at large shall not apply to lands that are annexed or incorporated into the city or town for two years after the annexation or incorporation, regardless of whether the lands were previously in a no-fence district or open range.
A.R.S. § 3-2016 — Arizona Code / Title 3 / Chapter 13 / Article 1 / Section 2016
3-2016 Methods of slaughtering which are humane
Status: in_force

3-2016. Methods of slaughtering which are humane

No method of slaughtering or handling in connection with slaughtering shall be deemed to comply with the public policy of the state of Arizona unless it is humane. Either of the following two methods of slaughtering and handling are hereby found to be humane:

1. In the case of cattle, calves, horses, mules, sheep, swine, and other livestock, all animals are rendered insensible to pain by a single blow or gunshot or an electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut.

2. By slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.
A.R.S. § 3-3613 — Arizona Code / Title 3 / Chapter 20 / Article 2 / Section 3613
3-3613 Landscapers; records; civil penalties
Status: in_force

3-3613. Landscapers; records; civil penalties

A. The provisions of this chapter requiring licensure and registration do not apply to a person who conducts lawn, garden, shrub or tree maintenance and who applies herbicides for the purpose of weed management, except as otherwise provided in this section.

B. Notwithstanding subsection A of this section, the licensure and registration requirements of this chapter apply to a person who:

1. Uses herbicides that are labeled with the words "restricted use" or "danger".

2. Uses sterilants or preemergent herbicides.

3. Offers weed management as the person's primary service or advertises weed management services.

4. Uses application equipment that collectively holds more than five gallons of total mixed liquid herbicide at an address or project on the same day.

5. Uses more than twenty-five pounds of nonliquid herbicide at an address or project on the same day.

6. Uses or is part of a crew of two or more herbicide applicators at an address or project on the same day.

7. Uses an herbicide at a school or child care facility.

8. Uses an herbicide at an address or project without performing lawn, garden, shrub or tree maintenance at that address or project on the same day.

C. A person who is exempt from licensure and registration pursuant to this section shall provide treatment records to each customer on application of herbicides for the purpose of weed management and shall retain records containing the same information provided to customers for at least six months after the date of the treatment. For the purposes of this subsection, treatment records must include the following:

1. The address of the location of the herbicide application.

2. The date of the herbicide application.

3. The trade name or common name of the herbicide applied.

4. The amount of the herbicide applied.

5. The name of the individual who performed the treatment.

D. If a person is exempt from licensure and registration pursuant to subsection A of this section but does not comply with subsection C of this section, the director shall:

1. For a first violation, issue a written notice of correction that contains a warning and a copy of this section.

2. For a second violation, impose a civil penalty of at least fifty dollars.

3. For a third or any subsequent violation, impose a civil penalty of not more than one thousand dollars.

E. If a person is not exempt from licensure and registration but uses an herbicide for the purpose of weed management, the director may:

1. Issue a cease and desist order and an administrative warning.

2.  For a first violation, impose a civil penalty of not more than one thousand dollars.

3. For a second or any subsequent violation, impose a civil penalty of not more than two thousand dollars.
A.R.S. § 3-1212 — Arizona Code / Title 3 / Chapter 11 / Article 1 / Section 1212
3-1212 Private practice prohibited
Status: in_force

3-1212. Private practice prohibited

The state veterinarian shall devote his entire time to the duties of his office and shall not engage in private practice.
A.R.S. § 3-420 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 420
3-420 Inspection and enforcement
Status: in_force

3-420. Inspection and enforcement

A. An inspector, discharging his duties, may enter every facility during operating hours or commercial vehicles in this state where an affected commodity is produced, stored, packed, delivered for shipment, being transported or offered for sale and inspect representative samples of the affected commodity to determine compliance with a marketing order or marketing agreement.

B. If an inspector believes a marketing order or marketing agreement has been violated in terms of quality, condition, size, maturity or pack, the inspector may hold the lot pursuant to the time specified in the marketing order or marketing agreement.

C. If the lot does not comply with the marketing order or marketing agreement, the department shall tag the lot and notify the person in possession. The owner of the lot may recondition the lot within the time specified in the marketing order or marketing agreement, and if compliance is achieved, the lot shall be released by the department.

D. If the owner does not recondition and bring the lot into compliance within the time prescribed in the marketing order or marketing agreement, the inspector, after receiving written consent of the owner may divert the lot to other lawful purposes or destroy the lot.

E. If the owner refuses to give consent to the inspector to divert or destroy the lot and the owner does not recondition and bring the lot into compliance within the time prescribed in the marketing order or marketing agreement, the inspector may attach a notice of disposal to the lot that is not in compliance with the marketing order or marketing agreement and deliver a copy of the notice of disposal to the owner.

F. The notice of disposal requires the owner to properly dispose of the lot by:

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

2. Selling it, as long as it is not sold in regular channels of trade, such as for processing.

3. Destroying it.
A.R.S. § 3-2004 — Arizona Code / Title 3 / Chapter 13 / Article 1 / Section 2004
3-2004 Place of slaughter
Status: in_force

3-2004. Place of slaughter

Every person licensed to slaughter livestock, sheep, goats, swine, horses, mules or other equines for sale or exchange shall slaughter animals in an established and recognized slaughterhouse kept by the licensee for that purpose, or in a slaughterhouse established by the authorities of a city or town.
A.R.S. § 3-2012 — Arizona Code / Title 3 / Chapter 13 / Article 1 / Section 2012
3-2012 Secreting hide; defacement of mark or brand; classification
Status: in_force

3-2012. Secreting hide; defacement of mark or brand; classification

A person who knowingly secretes a hide of livestock, or who, before a hide is inspected, knowingly obliterates or defaces any mark or brand on a hide, is guilty of a class 2 misdemeanor.
A.R.S. § 3-218 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 218
3-218 Citrus budwood certification; fee
Status: in_force

3-218. Citrus budwood certification; fee

A. The director may direct a state citrus budwood certification program. Under the program, inspectors may:

1. Monitor the fumigation of blocks of citrus trees.

2. Monitor the transplanting of seedlings from the seed bed.

3. Monitor the cutting of budwood from mother blocks or other certified blocks within a twenty-four hour period.

4. Tag certified citrus trees with certified tags.

5. Map blocks in a certified nursery.

6. Audit records that are kept by the nursery and by private inspection associations.

B. The director may assess a fee of not more than ten cents per budwood to cover the costs of implementing the citrus budwood certification program.  The director shall establish the amount of the fee by rule pursuant to a cooperative agreement among the department, private inspection associations and the university of Arizona, Yuma Mesa agricultural center.  The director shall deposit revenues collected from the fee in the dangerous plants, pests and diseases trust fund established by section 3-214.01.
A.R.S. § 3-603 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 603
3-603 Powers and duties; state dairy supervisor; qualifications; production of papers; formal requirements of complaints
Status: in_force

3-603. Powers and duties; state dairy supervisor; qualifications; production of papers; formal requirements of complaints

A. The associate director, with the approval of the director, shall employ a state dairy supervisor to enforce the provisions of this article. The supervisor shall recommend to the director for adoption rules deemed necessary or advisable to carry out the provisions thereof.

B. The supervisor shall be a person who has experience in the dairy industry and must possess technical and educational qualifications or practical experience in producing, handling and testing milk and in other matters relating to the dairy industry.

C. If the production of papers, books and records relating to any matter under investigation is deemed advisable, the director may apply to the superior court in any county for an order requiring the production of the papers, books and records. If the court is satisfied that the papers, books and records are pertinent to and helpful in the matter under investigation, their production shall be ordered.

D. A complaint filed with the department charging noncompliance with or violation of any provision of this article shall be in writing and signed by the complainant, but a complaint by a producer relating to the accuracy of a butterfat, bacterial or other test directly affecting the price received by the complainant need not be in writing.
A.R.S. § 3-460 — Arizona Code / Title 3 / Chapter 3 / Article 2 / Section 460
3-460 Bulk transfers
Status: in_force

3-460. Bulk transfers

No provision of this article shall be construed:

1. To prevent a grower of citrus fruit from selling or delivering the fruit unpacked and unmarked, as a part of the crop in bulk, to a packer for grading, packing or storage.

2. To prevent a grower or packer from manufacturing the fruit into a by-product.

3. To prevent a packer or grower from selling the fruit unpacked or unmarked to a person actually engaged in the operation of a commercial by-products factory for the sole purpose of being used in the manufacture of a by-product for resale.
A.R.S. § 3-2017 — Arizona Code / Title 3 / Chapter 13 / Article 1 / Section 2017
3-2017 Exemption
Status: in_force

3-2017. Exemption

A. No slaughterer, packer or stockyard operator shall bleed or slaughter any livestock except by a humane method, provided, that the chief state veterinary meat inspector may, by administrative order, exempt from compliance with this article, for a period not to exceed one year after the effective date of this article, any slaughterer, packer or stockyard operator if he finds that an earlier compliance would cause such person an undue hardship.

B. No person slaughtering or butchering any livestock for his own use shall be subject to any of the provisions of this article.
A.R.S. § 3-3122 — Arizona Code / Title 3 / Chapter 17 / Article 1 / Section 3122
3-3122 Employer and employee representation
Status: in_force

3-3122. Employer and employee representation

Any affected employee or employer may designate any person or persons to represent him for the purpose of proceedings before any hearing officer under this article, regardless of the person's membership in the state bar.
A.R.S. § 3-312 — Arizona Code / Title 3 / Chapter 2 / Article 4.1 / Section 312
3-312 Legislative findings; purpose; authorization
Status: in_force

3-312. Legislative findings; purpose; authorization

A. The legislature finds and determines that developing and using industrial hemp can improve the economy and agricultural vitality of this state and that the production of industrial hemp can be regulated so as not to interfere with strict regulation of marijuana in this state.

B. The purposes of this article are:

1. To promote the economy and agriculture in this state by allowing institutions of higher learning and the department to develop and regulate industrial hemp as part of an agricultural pilot program for the purpose of research into the growth, cultivation and marketing of industrial hemp as authorized by the agricultural act of 2014 (P.L. 113-79; 128 Stat. 649; 7 United States Code section 5940).

2. To allow the commercial growth, cultivation and marketing of industrial hemp if the commercial growth, cultivation and marketing of industrial hemp is authorized by federal law, while maintaining strict control of marijuana.

C. Industrial hemp is an agricultural product that is subject to regulation by the department.

D. Industrial hemp propagation, processing, manufacturing, distribution and market research are authorized in this state under a preapproved agricultural pilot program.  Hemp seed that is authorized for an agricultural pilot program shall be certified solely through the department.  Unauthorized hemp seed may not be planted.  Hemp seed that is derived from previously authorized hemp seed is considered authorized hemp seed for the purposes of this article.

E. If authorized under federal law, the commercial production, processing, manufacturing, distribution and commerce of industrial hemp in this state is allowed outside of the agricultural pilot program.
A.R.S. § 3-525.02 — Arizona Code / Title 3 / Chapter 3 / Article 4.1 / Section 525.02
3-525.02 Produce safety trust fund
Status: in_force

3-525.02. Produce safety trust fund

A. The produce safety trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established pursuant to this article.  The trust fund consists of:

1. Monies appropriated by the legislature for that purpose.

2. Monies collected pursuant to this article.

3. Gifts, grants and other donations from public or private sources and designated for deposit in the trust fund.

B. Monies in the produce safety trust fund are continuously appropriated to the department and shall be used solely for the purpose of administering and enforcing this article.

C. The director shall administer the produce safety trust fund as trustee. The state treasurer shall accept, separately account for and hold in trust any monies deposited in the state treasury under this section, which are considered to be trust monies as defined in section 35-310 and which may 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 any trust fund monies in the state treasury pursuant to sections 35-313 and 35-314.03, and all interest earned on these monies shall be credited to the trust fund.

D. The beneficiary of the trust is the agricultural program established pursuant to this article.

E. Monies in the produce safety trust fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.  Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year, do not revert to the state general fund but shall be carried forward to the following year.

F. The department shall maintain a detailed accounting of all monies deposited in and disbursed from the produce safety trust fund.
A.R.S. § 3-606 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 606
3-606 Sale of milk, milk products, raw milk and raw milk products; regulation
Status: in_force

3-606. Sale of milk, milk products, raw milk and raw milk products; regulation

A. All milk and milk products, including cottage cheese, as defined in the federal milk ordinance, sold to the final consumer, restaurants, soda fountains, grocery stores or similar establishments shall be grade A pasteurized or certified pasteurized milk and milk products. No other milk or milk products may be sold to the final consumer, restaurants, soda fountains, grocery stores or similar establishments except:

1. Grade A raw or certified raw milk and cream only when produced and bottled or produced, manufactured and placed in containers for final sale within this state.

2. Cottage cheese, buttermilk, butter, kefir and other cheeses made from grade A raw or certified raw milk.

3. Manufactured milk products made from manufacturing milk.

B. Any raw milk, raw cream or raw milk products authorized under subsection A shall meet the same health and sanitation standards provided for in this chapter for similar grade A pasteurized milk and milk products.

C. Raw milk or cream or cottage cheese, butter, buttermilk, kefir or cheeses made from raw milk or cream shall be displayed for sale separately from and shall not be commingled with pasteurized dairy products. The display shall be prominently marked "raw milk" or "raw milk products". The principal display panel of the label on a raw milk product shall prominently state "raw milk product". The principal display panel of the label on raw milk shall prominently state "raw milk: not pasteurized and may contain organisms injurious to your health." In each case the label statement shall appear in conspicuous and easily legible bold-faced print or type in distinct contrast to other matter on the package. The label statement shall appear as a distinct item on the principal display panel, shall be separated by a space at least equal to the height of the lettering used in the statement from other printed label information appearing above or below the statement and by a space at least equal to twice the width of the letter "N" of the type style used in the statement from other printed label information appearing to the left or right of the statement. The statement shall be in letters in a type size established in relationship to the area of the principal display panel of the package and shall be uniform for all packages of substantially the same size by complying with the following type specifications:

1. Not less than one-eighth inch in height on packages the principal display panel of which has an area of twenty-five square inches or less.

2. Not less than three-sixteenths inch in height on packages the principal display panel of which has an area of more than twenty-five but not more than one hundred square inches.

3. Not less than one-fourth inch in height on packages the principal display panel of which has an area of more than one hundred square inches but not more than four hundred square inches.

4. Not less than one-half inch in height on packages the principal display panel of which has an area of more than four hundred square inches.

D. Raw milk products authorized under the provisions of subsection A may be produced outside this state and sold in this state and may be manufactured and placed in containers for final sale on premises other than those where the milk is produced.

E. Raw milk and raw milk products authorized under subsection A may not be sold or used by restaurants, soda fountains or other similar establishments.
A.R.S. § 3-213 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 213
3-213 Concealment of plants or agricultural products
Status: in_force

3-213. Concealment of plants or agricultural products

It is unlawful for a person to conceal from a quarantine officer any plant or plant product or to fail to present such plant or plant product or any quarantined article for inspection at the request of such officer.
A.R.S. § 3-1422 — Arizona Code / Title 3 / Chapter 11 / Article 8 / Section 1422
3-1422 Publication of order forming no-fence district
Status: in_force

3-1422. Publication of order forming no-fence district

The order of the board of supervisors that a no-fence district be formed shall be published once each week in a newspaper published in the county for four successive weeks, and from and after completion of the publication, no fence shall be required around the lands in the no-fence district, and it shall be unlawful for livestock thereafter to run at large in the district.
A.R.S. § 3-916 — Arizona Code / Title 3 / Chapter 7 / Article 1 / Section 916
3-916 Salvage of native plants by homeowners' association or other nonprofit organization; definition
Status: in_force

3-916. Salvage of native plants by homeowners' association or other nonprofit organization; definition

A. A homeowners’ association or any other community based nonprofit organization may collect and salvage native plants under this section without obtaining a permit, tag, seal or receipt or paying a fee otherwise required by this chapter.  Native plants may be obtained under this section only for noncommercial salvage and only if their existence is threatened by intended destruction, by their location or by a change in land use.

B. Before collecting any plant under this section, the homeowners' association or nonprofit organization shall submit to the department:

1. A letter of permission from the owner of the property on which the native plants are currently growing authorizing the homeowners' association or nonprofit organization to enter the property and remove the plants.

2. A copy of a resolution adopted by the governing body of the county, city or town authorizing the homeowners' association or nonprofit organization to collect and salvage native plants pursuant to this section in the unincorporated area of the county or in the city or town, as applicable.

3. A written statement from the homeowners' association or nonprofit organization including:

(a) The name of the association or organization.

(b) The name, address and telephone number of a contact person representing the association or organization.

(c) The name, address and telephone number of the owner of the property on which the native plants are currently growing.

(d) The physical location of the property on which the plants are growing.

(e) A signed statement that:

(i) The plants will be transplanted in a common area owned, managed or leased by the homeowners' association or on public property.

(ii) The plants will not be sold, exchanged or otherwise disposed of except as provided by this section.

C. A person who possesses a permit, tag or seal issued under this chapter for collection or salvage of native plants has priority over the homeowners' association or nonprofit organization in obtaining any native plant.

D. The department shall issue a notice to the homeowners' association or nonprofit organization of any violation of the terms and conditions prescribed by this section or of any statement submitted to the department under subsection B.  In the case of any subsequent violation, the department shall issue another notice prohibiting further collection or salvage of plants.  The department shall transmit a copy of each notice to the governing body of the county, city or town.

E. For purposes of this section "homeowners' association" means a nonprofit corporation or association that is organized in this state and that meets both of the following requirements:

1. It is established to own, lease or manage common, limited access lots, parcels, areas, grounds or streets of a real estate development in this state.

2. It has the power under its organizing documents to assess and compel association members to pay the expenses incurred in performing the association’s obligations.
A.R.S. § 3-1213 — Arizona Code / Title 3 / Chapter 11 / Article 1 / Section 1213
3-1213 Acquisition and use of sodium pentobarbital or sodium pentobarbital derivative by county and local pounds
Status: in_force

3-1213. Acquisition and use of sodium pentobarbital or sodium pentobarbital derivative by county and local pounds

The state veterinarian, in consultation with the director, shall establish procedures for county, city and town animal pounds that do not have a licensed veterinarian on the staff to obtain and administer sodium pentobarbital or a derivative of sodium pentobarbital.
A.R.S. § 3-1340 — Arizona Code / Title 3 / Chapter 11 / Article 5 / Section 1340
3-1340 Unbranded livestock kept in close confinement; shipment, sale and inspection
Status: in_force

3-1340. Unbranded livestock kept in close confinement; shipment, sale and inspection

A. Owners of livestock, other than equines, who do not have a recorded brand and who maintain their animals in close confinement not exceeding ten acres may transport their animals to livestock auctions licensed in this state, feedlots licensed in this state or slaughter plants licensed in this state without first having those animals inspected if the shipment does not exceed five cattle or calves or ten sheep.

B. Animals shipped, conveyed or transported under this section shall be accompanied by proof of ownership, such as auction invoices or inspection certificates which the owner received at the time of purchase.

C. Any livestock, other than equines, that are transported, shipped or conveyed pursuant to this section and that have not been inspected by a livestock officer or inspector within the previous forty-eight hours shall be inspected at their destination point by a livestock officer or inspector before the sale, slaughter or change of ownership and all applicable inspection fees shall be paid. Destination points for the purpose of this section are feedlots, slaughter plants and auctions which are licensed in this state.
A.R.S. § 3-2661 — Arizona Code / Title 3 / Chapter 15 / Article 3 / Section 2661
3-2661 Definitions
Status: in_force

3-2661. Definitions

In this article, unless the context otherwise requires:

1. "Associate director" means the associate director of the animal services division of the Arizona department of agriculture.

2. "Garbage" means waste consisting in whole or in part of animal waste resulting from handling, preparing, cooking and consuming of foods, including the offal from animal or poultry carcasses or parts thereof.

3. "Person" means the state, any municipality, political subdivision, institution, public or private corporation, individual partnership or other entity.
A.R.S. § 3-1292 — Arizona Code / Title 3 / Chapter 11 / Article 4 / Section 1292
3-1292 Sale of livestock without lawful brand, bill of sale or power of attorney; classification; defenses
Status: in_force

3-1292. Sale of livestock without lawful brand, bill of sale or power of attorney; classification; defenses

A person who knowingly sells or offers for sale or trade livestock without the person’s recorded brand, or for which the person has neither a bill of sale, as provided by section 3-1291, nor power of attorney from the owner authorizing the sale, is guilty of a class 5 felony, unless the person proves that at that time the person was the owner, acted by direction of the owner or acted in good faith.
A.R.S. § 3-1349 — Arizona Code / Title 3 / Chapter 11 / Article 5 / Section 1349
3-1349 Inventory and monthly report of equine traders
Status: in_force

3-1349. Inventory and monthly report of equine traders

Equine trader permittees shall maintain inventory records of all equines sold. The records shall include the date sold, the ownership and hauling certificate number and the name and address of the buyer. At the end of each month each equine trader permittee shall report to the division the number of equines sold during the month. Each equine trader permittee shall also surrender to the division each month all ownership and hauling certificates in his possession belonging to equines that have been moved out of state. Authorized representatives of the department may review the inventory records of any equine trader permittee during normal business hours.
A.R.S. § 3-625 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 625
3-625 Frozen desserts; coloring matter; weight; butterfat content; ices and sherbets
Status: in_force

3-625. Frozen desserts; coloring matter; weight; butterfat content; ices and sherbets

A. A frozen dessert may contain, in addition to the food constituent thereof, a harmless coloring matter, flavoring or stabilizer approved by the United States pure food and drug administration, but shall not contain unsound, rancid or spoiled ingredients.

B. Ice cream shall weigh not less than four and one-half pounds per gallon. Plain or extract flavored ice cream shall contain not less than ten per cent butterfat and not less than one and six-tenths pounds total food solids per gallon, nor more than six-tenths per cent by weight of a stabilizer approved by the United States pure food and drug administration. Fruit ice cream shall contain not less than eight per cent butterfat, three per cent by weight of preserved or fresh fruit or the juices thereof and not less than one and six-tenths pounds per gallon by weight of food solids per gallon, and not more than six-tenths per cent by weight of a stabilizer approved by the United States pure food and drug administration. Chocolate ice cream shall contain not less than eight per cent butterfat, one per cent by weight of chocolate or cocoa and one and six-tenths pounds edible solids per gallon, and not more than six-tenths per cent by weight of a stabilizer approved by the United States pure food and drug administration.

C. Frozen custards or French ice cream shall be so labeled, and shall contain not less than ten per cent butterfat by weight. Iced milk shall contain not less than four nor more than eight per cent butterfat by weight. Fruit iced milk and chocolate iced milk shall contain not less than three per cent butterfat by weight. Every sales container of iced milk shall be labeled iced milk and an establishment serving iced milk by the dish, cone or similar manner to the general public shall display in a prominent place and in letters not less than two inches in height, a sign bearing the words "iced milk sold here."

D. Ices, sherbets and similar frozen products in which water is the principal ingredient but which contain a small amount of dairy products as a stabilizer or to improve the texture, shall not be considered a dairy product and shall not be labeled or sold as a dairy product or in imitation thereof.
A.R.S. § 3-222 — Arizona Code / Title 3 / Chapter 2 / Article 1.1 / Section 222
3-222 Employees assigned to adjoining state
Status: in_force

3-222. Employees assigned to adjoining state

Employees of the department who are assigned to inspection stations or other facilities operating under a joint state agreement and located within an adjoining state shall retain all rights and privileges of, and shall be subject to all laws, rules and regulations governing, other state employees.
A.R.S. § 3-264 — Arizona Code / Title 3 / Chapter 2 / Article 3 / Section 264
3-264 Enforcement and administrative powers
Status: in_force

3-264. Enforcement and administrative powers

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

B. The director may, after an opportunity for a hearing:

1. Determine and publish at least annually the values per unit of weight of nitrogen, phosphorus and potassium in commercial fertilizers in the state for the purpose of assessing penalties on commercial fertilizers under the provisions of section 3-276.

2. Adopt rules that the director deems necessary for the efficient administration and enforcement of this article, including the collection and examination of samples of fertilizer materials, and rules pertaining to composition and use of fertilizer materials, including, without limiting the foregoing general terms, the establishment of tolerances, deficiencies and penalties where not specifically provided for in this article.

3. Prohibit the sale or use in fertilizer materials of any substance proven to be detrimental to agriculture.

4. Provide for incorporating into commercial fertilizers other substances as pesticides and provide for proper labeling of the mixture.

5. Prescribe the information which shall appear on the tag, other than as specifically set forth in this article.
A.R.S. § 3-3415 — Arizona Code / Title 3 / Chapter 19 / Article 2 / Section 3415
3-3415 Enforcement powers of the associate director, agents and inspectors
Status: in_force

3-3415. Enforcement powers of the associate director, agents and inspectors

A. When necessary for the enforcement of this chapter and rules adopted pursuant to this chapter, the associate director or the associate director's agents and inspectors shall:

1. Enter any commercial, nonprofit business or governmental premises during normal operating hours, except that if the premises are not open to the public, the associate director or the associate director's agents and inspectors shall first present their credentials.

2. Issue stop-use, hold and removal orders with respect to any weights and measures commercially used, stop-sale, hold and removal orders with respect to any commodities, bulk commodities or motor fuel kept, offered or exposed for sale, stop-use and hold orders with respect to a vapor recovery system or parts of a vapor recovery system and stop-use, stop-sale, hold and removal orders with respect to any motor fuel found to be in violation of this chapter or rules adopted pursuant to this chapter.

3. Seize for use as evidence, without formal warrant, any incorrect or unapproved weight, measure, package or commodity found to be used, retained, offered or exposed for sale or sold in violation of this chapter or rules adopted pursuant to this chapter.

4. Stop any commercial vehicle on reasonable cause to believe that the vehicle contains evidence of a violation of this chapter and, after presentment of the  credentials of the associate director or the associate director's  agents or inspectors, inspect the contents, require that the person in charge of the vehicle produce any documents in the person's possession concerning the contents and require the person to proceed with the vehicle to some specified place for inspection.

B. With respect to the enforcement of this chapter, the associate director or the associate director's agents or inspectors may issue a warning requiring corrective action or a citation to any violators of this chapter in accordance with section 13-3903.

C. The associate director or the associate director's agents or inspectors may apply for a special inspection warrant for inspection of real or personal property for the purpose of enforcement of this chapter. The special inspection warrant shall be issued as provided in section 49-433.
A.R.S. § 3-669 — Arizona Code / Title 3 / Chapter 4 / Article 3 / Section 669
3-669 Deposit of monies; appropriation
Status: in_force

3-669. Deposit of monies; appropriation

All monies received by the department for any purpose under this article shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund. Legislative appropriations for the administration of this article shall be as for other state offices.
A.R.S. § 3-2902 — Arizona Code / Title 3 / Chapter 16 / Article 1 / Section 2902
3-2902 Supervisor of aquaculture
Status: in_force

3-2902. Supervisor of aquaculture

The associate director, with the approval of the director, may employ a supervisor of aquaculture. The supervisor shall:

1. Qualify by taking and filing the official oath of office.

2. Possess qualifications consistent with the responsibilities of his position, including:

(a) A baccalaureate degree in a field directly related to aquaculture, or the equivalent practical experience.

(b) Supervisory experience in aquaculture or similar related fields.
A.R.S. § 3-1455 — Arizona Code / Title 3 / Chapter 11 / Article 9 / Section 1455
3-1455 Powers and duties
Status: in_force

3-1455. Powers and duties

A. The division shall:

1. Receive applications for feed lot licenses and issue licenses to qualifying applicants.

2. Enforce rules pertaining to the operation of feed lots within the framework of the standards set forth in this article.

3. With the director's concurrence, adopt rules of procedure for the administration and enforcement of this article.

4. Prepare, design and have printed application forms for feed lot licenses which shall provide adequate information upon which to base its decision concerning issuance of such license.

5. Keep, maintain and compile all necessary records and information pertaining to the administration of this article.

6. Investigate complaints concerning the operation of feed lots when an operator of such feed lot is charged with any violation of the provisions of this article.

B. The division may:

1. Undertake, carry out and cooperate in research studies, investigations and surveys needed and required for proper administration.

2. Enter upon feed lot premises at reasonable hours to investigate methods of operation and to determine whether or not the operation of such lot is in compliance with the provisions of this article and rules adopted in accordance with this article.
A.R.S. § 3-1776 — Arizona Code / Title 3 / Chapter 12 / Article 4 / Section 1776
3-1776 Violations; classification
Status: in_force

3-1776. Violations; classification

A person who commits any of the following acts is guilty of a class 2 misdemeanor and punishable as provided by law:

1. Offers for sale, trade or other disposition a known brucellosis reactor except as provided in this article.

2. Removes or causes to be removed a reactor brand or tag.

3. Violates any provision of this article.
A.R.S. § 3-1239 — Arizona Code / Title 3 / Chapter 11 / Article 2 / Section 1239
3-1239 Termination of council
Status: in_force

3-1239. Termination of council

A. The council may be terminated as provided in this section. A referendum among the state's producers shall be conducted by the council:

1. If the council determines that it is no longer in the best interest of the beef industry of the state to continue the existence of the council and its programs; or

2. Upon the receipt by the council of a petition for such a referendum signed by five hundred or more of the state's contributing producers, which shall be signed not more than six months prior to its presentation to the council.

B. In either such event the council shall conduct a referendum among the contributing producers of the state. The ballot shall be in such form as to record a yes or no answer to the question: "Shall the existence of the Arizona beef council and its programs, as authorized by title 3, chapter 11, article 2, Arizona Revised Statutes, be discontinued and terminated?" If the council finds that of those producers who voted fifty-one per cent or more voted in favor of discontinuing and terminating the council and its programs, the council shall make a finding to that effect. It shall declare the existence of the council discontinued and terminated at the end of the fiscal year in which the referendum is held. If less than fifty-one per cent of the producers who voted in the referendum election favor termination of the council, no further referendum shall be conducted for at least two years. The council shall pay the expenses necessary to carry out the referendum.

C. If the council is to be terminated, the council shall pay all debts incurred by it. Any unexpended and unencumbered funds remaining in the account of the council shall be paid into the state general fund and credited to the department in the same manner as brand inspection fees.
A.R.S. § 3-1344 — Arizona Code / Title 3 / Chapter 11 / Article 5 / Section 1344
3-1344 Ownership and hauling certificates for equines; inspection; exemption; cancellation; fees
Status: in_force

3-1344. Ownership and hauling certificates for equines; inspection; exemption; cancellation; fees

A. Except as otherwise provided in this article, owners or persons in charge of equines may obtain ownership and hauling certificates from the department.

B. The director shall adopt inspection fees by rule pursuant to title 41, chapter 6, for the processing of ownership and hauling certificates and replacement ownership and hauling certificates.  If a person requests an ownership and hauling certificate or a replacement ownership and hauling certificate, the department shall collect from the owner or person in charge of equines an inspection fee for deposit in the equine inspection fund pursuant to section 3-1345.01.

C. Notwithstanding other provisions of this title, ownership and hauling certificates issued pursuant to subsection A of this section shall be valid for the life of the animal or until transferred pursuant to section 3-1345.

D. An owner or the authorized agent of an owner of a thoroughbred that will be used solely for horse racing or race horse breeding purposes and that has a certificate of registration or a facsimile of a certificate of registration issued by the jockey club of Lexington, Kentucky or a predecessor organization or a quarter horse that will be used solely for horse racing or race horse breeding purposes and that has a certificate of registration or a facsimile of a certificate of registration issued by the American quarter horse association of Amarillo, Texas is exempt from this section and all other statutes and rules that require an ownership and hauling certificate issued under this section with respect to that horse. This subsection applies to an unweaned foal if his or her dam has the certificate of registration required by this subsection. On the sale or disposition of a horse that is exempt from the ownership and hauling certificate requirements under this subsection, the seller or an authorized agent of the seller shall either:

1. Properly execute and transfer the certificate of registration required under this subsection to the buyer.

2. Complete and date an equine transfer request form issued by the department and give the form and a notarized bill of sale to the buyer. Within thirty days after the transfer of ownership, the buyer shall complete the buyer's portion of the equine transfer request form and shall comply with subsections A and B of this section.

E. Ownership and hauling certificates issued with respect to any equine shall be surrendered to the department or its authorized representative if any of the following occurs:

1. The equine dies.

2. The equine is sold and shipped out of state.

3. The equine is sent to slaughter or is disposed of for humane reasons.
A.R.S. § 3-243 — Arizona Code / Title 3 / Chapter 2 / Article 2 / Section 243
3-243 Seed labeling regulation; state preemption
Status: in_force

3-243. Seed labeling regulation; state preemption

The regulation and use of seeds are of statewide concern.  The regulation of seeds pursuant to this article and their use is not subject to further regulation by a county, city, town or other political subdivision of this state.
A.R.S. § 3-2131 — Arizona Code / Title 3 / Chapter 13 / Article 4 / Section 2131
3-2131 Violation; classification
Status: in_force

3-2131. Violation; classification

A. A person who knowingly sells horsemeat as beef or who sells beef or beef products adulterated with horsemeat as beef or who violates section 3-2123, subsection A or section 3-2127 is guilty of a class 1 misdemeanor.

B. Violation of any provision of this article other than that prescribed by subsection A of this section is a class 2 misdemeanor.
A.R.S. § 3-320 — Arizona Code / Title 3 / Chapter 2 / Article 4.1 / Section 320
3-320 Affirmative defense
Status: in_force

3-320. Affirmative defense

A. It is an affirmative defense to any prosecution for the possession or cultivation of marijuana pursuant to title 13, chapter 34 that the defendant is a licensee, or a designee or agent of a licensee, who is in compliance with this article.

B. This section is not a defense to a charge of possession, sale, transportation or distribution of marijuana pursuant to title 13, chapter 34 that is not industrial hemp.
A.R.S. § 3-726 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 726
3-726 Imported egg products; permit; inspection; certificate; containers; fee
Status: in_force

3-726. Imported egg products; permit; inspection; certificate; containers; fee

A. A person shall not sell for human consumption in this state egg products imported into the state from without the United States until they have been inspected by an inspector and are found to be fit for human consumption and unless a permit authorizing the sale has been issued. An inspector shall cause an inspection of the egg products to be made, and if they are found to be fit for human consumption, the division shall issue to the importer or consignee a permit authorizing the sale thereof, together with certificates of inspection equal in number to the containers in which the egg products are packed.

B. The certificates of inspection shall be in the form the division deems appropriate and shall have printed upon a white background in plain black letters not less than one inch high, frozen eggs, liquid eggs, dried eggs or egg products imported into the state of Arizona from without the United States, and inspected (inserting the date) by the Arizona department of agriculture. The certificates shall be printed upon gummed, adhesive labels, and the importer or consignee shall affix or cause to be affixed one certificate to each container so that the inspection certificate shall be plainly visible to the buyer.

C. The egg products referred to in subsection A imported into the state from without the United States shall be sold only in or from the original container. No certificate of inspection shall be removed from the container or defaced, and no container upon which an inspection certificate has been affixed shall be used as a receptacle for egg products imported into the state from without the United States which have not been inspected and pronounced fit for human consumption.

D. The importer or consignee shall pay in advance for the inspection. The inspection fee for each certificate shall be fixed by the director in accordance with the fees and charges of the United States department of agriculture.
A.R.S. § 3-161 — Arizona Code / Title 3 / Chapter 1 / Article 5 / Section 161
3-161 Definitions
Status: in_force

3-161. Definitions

In this article, unless the context otherwise requires:

1. "Commission" means the historical advisory commission established by section 41-151.20.

2. "Register" means the Arizona register of heritage agriculture.
A.R.S. § 3-266 — Arizona Code / Title 3 / Chapter 2 / Article 3 / Section 266
3-266 Annual reports and publications; membership in professional organizations
Status: in_force

3-266. Annual reports and publications; membership in professional organizations

A. The director may provide for publishing at such times and in such form as the director deems proper information concerning the sale of fertilizer materials together with such data on their production and use as the director considers advisable, and a report of the monies received and expended, but the information concerning production and use of fertilizer materials shall not disclose the operations of any one person. Reports of chemists' findings based on official samples of each brand of fertilizer material sampled and analyzed during the year as compared to the guaranteed chemical analysis for each such fertilizer material shall be published annually as promptly as possible after January 1 each year.

B. The director may authorize employees of the division to join and subscribe to any state, district, regional or national organizations or publications relating to sale and distribution or control of sale and distribution of fertilizer materials, and attend state, district, regional and national meetings relating to sale and distribution or control of sale and distribution of fertilizer materials.

C. Expenses authorized by this section shall be paid from and limited by the fertilizer materials trust fund.
A.R.S. § 3-262 — Arizona Code / Title 3 / Chapter 2 / Article 3 / Section 262
3-262 Definitions
Status: in_force

3-262. Definitions

A. As used in this article the substances and mixtures of substances referred to in section 3-261 are defined as follows:

1. "Animal manures" means the excreta of domestic animals or domestic fowls when not artificially mixed with any material or materials other than those that have been used for bedding, sanitary or feeding purposes for the animals or fowls or for the preservation of animal manure.

2. "Commercial fertilizer" means any substance that contains one or more recognized plant nutrients, that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, and other products exempted by rule.

3. "Fertilizer material" means any substance or mixture of substances intended to be used for promoting or stimulating the growth of plants, increasing the productiveness of plants, improving the quality of crops or producing any chemical or physical change in the soil.

B. In this article, unless the context otherwise requires:

1. "Associate director" means the associate director of the environmental services division of the Arizona department of agriculture.

2. "Brand" means a term, design or trademark used in connection with one or several grades of commercial fertilizer.

3. "Bulk" means fertilizer materials delivered to the purchaser in the solid or liquid state, in a nonpackaged form to which a label cannot be attached.

4. "Distributor" means any person who offers for sale, sells, barters, solicits business or otherwise supplies fertilizer materials.

5. "Grade" means the percentage of total nitrogen, available phosphate or soluble potash stated in whole numbers in the same terms, order and percentages as in the guaranteed analysis. Fertilizer materials, bone meal, manures and similar raw materials may be guaranteed in fractional units.

6. "Manufacture" means to compound, produce, granulate, mix, blend or alter the composition of fertilizer materials.

7. "Mixed fertilizer" means any combination of fertilizer materials coming within the classification of commercial fertilizers.

8. "Official sample" means any sample of fertilizer materials taken by the associate director or the associate director's agent and designated as official by the associate director.

9. "Per cent" or "percentage" means the percentage by weight.

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

11. "Primary plant nutrient" means total nitrogen, available phosphate or soluble potash.

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

13. "Ton" means a net weight of two thousand pounds avoirdupois. The director may, after opportunity for hearing, define weights in the metric system.
A.R.S. § 3-3114 — Arizona Code / Title 3 / Chapter 17 / Article 1 / Section 3114
3-3114 Additional penalty for wilful or repeated violation causing employee permanent disability or death covered by workers' compensation; payment to employee; enforcement
Status: in_force

3-3114. Additional penalty for wilful or repeated violation causing employee permanent disability or death covered by workers' compensation; payment to employee; enforcement

A. In addition to penalties prescribed by section 3-3113, the director shall assess a penalty of twenty-five thousand dollars against an employer who is assessed a penalty under section 3-3113, subsection A for each employee injury resulting in permanent disability or death if the director finds all of the following:

1. The employee injury resulting in permanent disability or death was caused by the violation for which the employer is assessed a penalty under section 3-3113, subsection A.

2. Compensation benefits are paid to the injured employee, or in the event of death, the employee’s dependents, under title 23, chapter 6.

3. The violation for which the employer is assessed a penalty under section 3-3113, subsection A did not result from the injured or deceased employee's disobedience to specific instructions given to the employee regarding the job condition causing the injury or death or relating to the safety standards applicable to that job condition.

B. Each additional penalty assessed under this section shall be paid to the injured employee, or in the event of death, the employee’s dependents, in addition to the benefits paid under title 23, chapter 6.

C. Pursuant to title 41, chapter 6, article 10, an employer may request a hearing on an additional penalty assessed under this section. An additional penalty under this section that becomes final operates as a judgment against the employer and may be enforced by either the director or the injured employee, or in the case of death, the employee’s dependents, and all lawful remedies for the collection of judgments, including provisional remedies, are available. This section does not create any right of action or recovery against the employer's workers' compensation insurance carrier, and the additional penalty provided by this section is not a compensation benefit under title 23, chapter 6 and is not subject to the payment of attorney fees.
A.R.S. § 3-214.01 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 214.01
3-214.01 Dangerous plants, pests and diseases trust fund
Status: in_force

3-214.01. Dangerous plants, pests and diseases trust fund

A. A dangerous plants, pests and diseases trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. All monies collected under this article except civil penalties assessed pursuant to section  3-205.02 or 3-215.01 shall be deposited in the dangerous plants, pests and diseases trust fund.

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

C. The beneficiary of the trust is the agricultural program established by this article.  All monies in the dangerous plants, pests and diseases trust fund are to be used by the department exclusively to carry out this article, including salaries, fees and office, administrative, bonding and travel expenses incurred.

D. The unexpended and unencumbered balance of monies, if any, remaining in the dangerous plants, pests and diseases trust fund at the end of each fiscal year shall not revert to the state general fund.
A.R.S. § 3-526.08 — Arizona Code / Title 3 / Chapter 3 / Article 4.2 / Section 526.08
3-526.08 Termination of council
Status: in_force

3-526.08. Termination of council

A. The council may be terminated as provided in this section. The council shall conduct a referendum among the state's producers if either of the following occurs:

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

2. On receipt by the council of a petition calling for a referendum signed by ten per cent or more of the state's contributing producers, which shall be signed not more than six months before its presentation to the council.

B. The ballot for the referendum shall be in such form as to record a "Yes" or "No" answer to the question: "Shall the existence of the Arizona iceberg lettuce research council and its programs, as authorized in state statute, be continued?"  If the majority or more of those producers voting votes in favor of discontinuing and terminating the council and its programs, the council shall recommend to the legislature that the council be terminated. If less than a majority of the producers who voted in the referendum favors termination of the council, no subsequent referendum may be conducted for at least two years.  The council shall pay the expenses necessary to carry out the referendum.
A.R.S. § 3-240 — Arizona Code / Title 3 / Chapter 2 / Article 2 / Section 240
3-240 Prosecutions; classification; publication of results; injunction
Status: in_force

3-240. Prosecutions; classification; publication of results; injunction

A. Any person violating any provision of this article is guilty of a petty offense.

B. A person who violates any provision of this article with the intent to commit fraud is guilty of a class 6 felony.

C. When the director finds that a person has violated any of the provisions of this article, the director may institute proceedings in a court of competent jurisdiction in the locality in which the violation occurred to have the person prosecuted for the violation, or may file with the county attorney, with the view of prosecution, such evidence as the county attorney deems necessary.

D. The county attorney of the county in which the violation occurred shall institute proceedings at once against any person charged with a violation of this article if, in his judgment, the information submitted warrants such action.

E. After judgment by the court in any case arising under this article, the director shall publish any information pertinent to the issuance of the judgment by the court in such media as he may at any time designate.

F. The director may enjoin any violation of this article in a court of competent jurisdiction without commencing any other action.
A.R.S. § 3-2152 — Arizona Code / Title 3 / Chapter 13 / Article 5 / Section 2152
3-2152 State and federal cooperation
Status: in_force

3-2152. State and federal cooperation

A. The department is designated as the state agency which shall be responsible for cooperating with the secretary of agriculture of the United States under the provisions of section 5 of the federal poultry products inspection act.

B. In such cooperative efforts, the department is authorized to accept from the secretary of agriculture advisory assistance in planning and otherwise developing the state program, technical and laboratory assistance and training, including necessary curricular and instructional materials and equipment, and financial and other aid for administration of such a program. The department may spend public funds of this state appropriated for administration of this chapter to pay such share of the estimated total cost of the cooperative program as may be agreed upon by the director and the secretary of agriculture.

C. The director may recommend to the secretary of agriculture such officials or employees of this state as the director shall designate for appointment to the advisory committees provided for in section 5 of the federal poultry products inspection act. The director shall serve as the representative of the governor for consultation with the secretary of agriculture under this subsection unless the governor selects another representative.
A.R.S. § 3-419 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 419
3-419 Deposit of assessments; use on termination
Status: in_force

3-419. Deposit of assessments; use on termination

A. Monies collected pursuant to this article shall be deposited in the marketing commission's or marketing committee's accounts to be administered and disbursed by the commission or committee for the purposes prescribed in this article. Monies collected pursuant to a marketing order or marketing agreement may not be used for any purpose other than the order or agreement.

B. The monies in a marketing commission or marketing committee account may be invested pursuant to section 35-313. Interest earned on these monies shall be credited to the marketing commission or marketing committee account.

C. If monies are unexpended at the end of a fiscal period, the marketing commission or marketing committee shall carry the monies forward to the next fiscal period.

D. If the marketing order or marketing agreement is terminated and the expenses are paid, monies shall be returned to the affected persons pro rata unless the amounts are too small to be practicable or may be expended by the marketing commission or marketing committee on any program consistent with the marketing order or marketing agreement.

E. No specific legislative appropriation is necessary to operate a marketing commission or marketing committee.
A.R.S. § 3-2910 — Arizona Code / Title 3 / Chapter 16 / Article 1 / Section 2910
3-2910 Unauthorized removal of aquatic animals or plants from aquaculture facility; classification
Status: in_force

3-2910. Unauthorized removal of aquatic animals or plants from aquaculture facility; classification

A person who removes aquatic animals or plants by any method from an aquaculture facility without the consent of the owner or manager of the facility is guilty of a class 1 misdemeanor.
A.R.S. § 3-126 — Arizona Code / Title 3 / Chapter 1 / Article 3 / Section 126
3-126 Annual county agricultural extension budget; tax levy; collection; expenditures
Status: in_force

3-126. Annual county agricultural extension budget; tax levy; collection; expenditures

A. The Arizona board of regents shall have prepared for each county an annual financial budget covering the total cost including the county's share of the cost of the extension work which, if adopted by a majority vote of the respective county agricultural extension board at a regularly called meeting, shall be submitted to the board of supervisors of the county who shall place such amount of such budget as the board of supervisors shall approve on the tax rolls of the county for the ensuing year.

B. The amount placed on the tax rolls shall be raised by direct taxation.

C. The taxes, when collected, shall be transmitted by the county treasurer upon warrant drawn by the board of supervisors to the comptroller of the university of Arizona and shall be expended upon claims drawn by the board of regents.

D. All money raised by taxation by a county shall be expended for the use and benefit of that county.
A.R.S. § 3-605 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 605
3-605 Federal milk ordinance; health and sanitation provisions; exemption
Status: in_force

3-605. Federal milk ordinance; health and sanitation provisions; exemption

A. Unless inconsistent with this chapter, the production, transportation, handling and sale of milk and milk products and the inspection of dairy herds, dairies and milk plants shall be regulated in accordance with the terms of the federal milk ordinance.

B. The words "health authority" when used in the federal milk ordinance means the director or the director's authorized representative.

C. Powers and duties in the federal milk ordinance relating to health and sanitation are vested in the director. In addition, the director shall adopt rules necessary to assure that all milk and milk products sold or distributed for human consumption are free from unwholesome, poisonous or other foreign substances and filth, insects or disease-causing organisms.  The rules shall prescribe reasonably necessary measurements governing the production, processing, labeling, storing, handling and transportation of milk and milk products. The rules shall prescribe minimum standards for the sanitary facilities and conditions that shall be maintained in any dairy or other facility and in any truck or other vehicle in which milk or milk products are produced, processed, handled or transported.  The rules shall provide for the inspection and licensing of premises and vehicles so used, and for abatement as public nuisances of any premises or vehicles that do not comply with rules and minimum standards.  This subsection and the rules prescribed pursuant to this subsection do not apply to dispensing and selling frozen desserts at retail.

D. The provisions of the federal milk ordinance apply to this state.

E. The department is exempt from the rulemaking requirements of title 41, chapter 6 for the purpose of adopting and implementing the federal milk ordinance.
A.R.S. § 3-2612 — Arizona Code / Title 3 / Chapter 15 / Article 1 / Section 2612
3-2612 Adulteration; penalties payable to customer; hearing; definitions
Status: in_force

3-2612. Adulteration; penalties payable to customer; hearing; definitions

A. With respect to the level of aflatoxin present, if the examination of labeling or the analysis of an official sample of any whole cottonseed, commercial feed or customer-formula feed shows mislabeling pursuant to section 3-2610 as determined by the director or adulteration pursuant to section 3-2611 as determined by the director, the following provisions shall apply:

1. The customer is entitled to a refund from the seller of the purchase price of the lot upon return of any delivered and unused portion of that lot.  The customer may cancel the order for undelivered whole cottonseed, commercial feed or customer-formula feed without penalty or damages.

2. A penalty in an amount equal to twice the selling price of the whole cottonseed, commercial feed or customer-formula feed shall be assessed, whether or not payment for that lot has actually been made.

B. All penalties assessed under this section shall be paid by the seller to the customer of the whole cottonseed, commercial feed or customer-formula feed within thirty days of the date of notice from the director to the seller by certified return receipt mail.  The seller or the seller's representative shall obtain a receipt from the customer and promptly forward a copy to the director.  If the customer cannot be found, the amount of the penalty shall be paid to the department for deposit, pursuant to sections 35-146 and 35-147, in the state general fund.

C. The director shall designate as an official sample a sample taken by a customer or the customer's representative if the director is satisfied that the sample has been taken in accordance with the method of sampling established pursuant to section 3-2605, subsection B.

D. Any person who is adversely affected by a decision of the director under this section may request a hearing pursuant to title 41, chapter 6, article 10.

E. For purposes of this section:

1. "Analysis" means analysis performed in accordance with the methods of testing established pursuant to section 3-2605, subsection B.

2. "Customer" means the ultimate purchaser, whether or not payment has actually been made if some or all of the whole cottonseed, commercial feed or customer-formula feed has been delivered to the purchaser or the purchaser's representative.
A.R.S. § 3-2607 — Arizona Code / Title 3 / Chapter 15 / Article 1 / Section 2607
3-2607 Commercial feed trust fund; exemption
Status: in_force

3-2607. Commercial feed trust fund; exemption

A. The commercial feed trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. All monies collected under this article shall be deposited in the trust fund.

B. The director shall administer the trust fund as trustee.  Each year the director shall distribute not more than fifty thousand dollars from the trust fund to execute the ALIRT agreement.

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

D. 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.

E. The commercial feed trust fund is 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. § 3-121 — Arizona Code / Title 3 / Chapter 1 / Article 3 / Section 121
3-121 Smith-Lever act accepted; authority of board of regents
Status: in_force

3-121. Smith-Lever act accepted; authority of board of regents

A. The assent of the state is given to the provisions and requirements of an act of Congress entitled "An act to provide for cooperative agricultural extension work between the agricultural colleges in the several states," known as the Smith-Lever act.

B. The board of regents of the universities and state college of Arizona is authorized and empowered to receive the grants of money appropriated under that act, and to organize and conduct agricultural extension work in connection with the college of agriculture of the university of Arizona in accordance with the terms and conditions expressed in the act.
A.R.S. § 3-2129 — Arizona Code / Title 3 / Chapter 13 / Article 4 / Section 2129
3-2129 Sale of horsemeat to state institutions prohibited
Status: in_force

3-2129. Sale of horsemeat to state institutions prohibited

Horsemeat shall not be served in or sold to state institutions for human consumption.
A.R.S. § 3-2616 — Arizona Code / Title 3 / Chapter 15 / Article 1 / Section 2616
3-2616 Violations; notice; criminal classification; injunctive relief; exceptions
Status: in_force

3-2616. Violations; notice; criminal classification; injunctive relief; exceptions

A. If it appears from the examination of any whole cottonseed, commercial feed or customer-formula feed that any of the provisions of this article or the rules adopted under this article have been violated, the director shall pursue one or more of the following courses of enforcement:

1. The director may cause notice of the violation to be given to the licensee or person responsible for placing the feed on sale. Any person so notified shall be given opportunity to be heard under such rules as are prescribed by the director. If the director finds after such hearing, either in the presence or absence of the person so notified, that any of the provisions of this article or rules adopted under this article have been violated, the director may certify the facts to the county attorney.

2. The director may request the county attorney to initiate criminal prosecution. Each county attorney to whom any such violation is reported shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

3. Any person convicted of violating any of the provisions of this article or the rules adopted under this article, or who impedes, obstructs, hinders or otherwise prevents or attempts to prevent the director or the director's duly authorized agent in the performance of the director's duty under the provisions of this article, is guilty of a class 2 misdemeanor.

4. In all prosecutions under this article involving the composition of a lot of commercial feed or customer-formula feed, a certified copy of the official analysis signed by the director or the director's agent shall be accepted as prima facie evidence of the composition of the feed.

5. Nothing in this article shall be construed as requiring the director or the director's representative to report for prosecution or for the institution of seizure proceedings minor violations of this article if the director believes that the public interest will be best served by a suitable notice of warning in writing.

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

B. Any monies collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

C. The provisions of this article shall not apply to:

1. Bulk commercial or customer formula feeds which are not adulterated pursuant to section 3-2611 and supplied for consumption on the premises owned or controlled by a commercial feedlot or commercial livestock operation.

2. Hay, straw, shover, silage, cobs, husks, hulls, chemical compounds or substances and whole seeds unmixed or physically altered entire unmixed seeds which are not adulterated pursuant to section 3-2611.
A.R.S. § 3-2085 — Arizona Code / Title 3 / Chapter 13 / Article 3 / Section 2085
3-2085 Condemnation of product
Status: in_force

3-2085. Condemnation of product

A. Any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules or other equines, or any dead, dying, disabled or diseased cattle, sheep, swine, goat or equine, that is being transported in intrastate commerce, or is held for sale in this state after such transportation, and is or has been processed, sold, transported or otherwise distributed or offered or received for distribution in violation of this chapter, or is capable of use as human food and is adulterated or misbranded, or in any other way is in violation of this chapter, shall be liable to be proceeded against and seized and condemned at any time on a libel of information in the superior court in any county within the jurisdiction of which the article or animal is found.

B. If the article or animal is condemned it shall after entry of the decree be disposed of by destruction or sale as the court may direct and the proceeds if sold less the court costs and fees, and storage and other proper expenses, shall be deposited, pursuant to sections 35-146 and 35-147, but the article or animal shall not be sold contrary to the provisions of this chapter, or the federal meat inspection act or the federal food, drug and cosmetic act, provided, that upon the execution and delivery of a good and sufficient bond conditioned that the article or animal shall not be sold or otherwise disposed of contrary to this chapter or the laws of the United States, the court may direct that such article or animal be delivered to the owner thereof subject to such supervision by authorized representatives of the department as is necessary to insure compliance with the applicable laws. When a decree of condemnation is entered against the article or animal and it is released under bond or destroyed, court costs and fees and storage and other proper expenses shall be awarded against the person intervening as claimant of the article or animal.

C. The provisions of this section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this chapter, or other laws.
A.R.S. § 3-1423 — Arizona Code / Title 3 / Chapter 11 / Article 8 / Section 1423
3-1423 Designation of stock driveway
Status: in_force

3-1423. Designation of stock driveway

Upon application of a local livestock association, the board of supervisors of the county wherein the no-fence district is located shall select, designate and declare one or more roads over or across the district as a stock driveway and shall erect and maintain on both sides of such road a lawful fence between which livestock may be driven.
A.R.S. § 3-350 — Arizona Code / Title 3 / Chapter 2 / Article 5 / Section 350
3-350 Pesticide trust fund
Status: in_force

3-350. Pesticide trust fund

A. The pesticide 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 3-351, subsection D, 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 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 pesticide 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. § 3-2121 — Arizona Code / Title 3 / Chapter 13 / Article 4 / Section 2121
3-2121 Definitions
Status: in_force

3-2121. Definitions

In this article, unless the context otherwise requires:

1. "Horse" includes horse, ass, mule and burro.

2. "Horsemeat" means meat from a horse, ass, mule or burro, or any product derived wholly or partially from such animal.

3. "Slaughterhouse" or "establishment" means a house or place in which horses, asses, mules or burros are slaughtered, packed or processed.
A.R.S. § 3-915 — Arizona Code / Title 3 / Chapter 7 / Article 1 / Section 915
3-915 Exemptions
Status: in_force

3-915. Exemptions

This chapter does not apply to:

1. Existing canals, laterals, ditches, electrical transmission and distribution facilities, rights-of-way and other facilities, structures or equipment owned, operated, used or otherwise possessed by public service corporations and special districts established under title 48, chapter 11, 12, 17, 18, 19, 21 or 22.

2. Normal and routine maintenance of improvements which may cause the incidental or unavoidable destruction of native plants.

3. The prevention, management or suppression of wildfires by the Arizona department of forestry and fire management pursuant to section 37-1303.
A.R.S. § 3-149 — Arizona Code / Title 3 / Chapter 1 / Article 4 / Section 149
3-149 Evidentiary effect of test results certified by the assistant director
Status: in_force

3-149. Evidentiary effect of test results certified by the assistant director

Test results certified by the assistant director are prima facie evidence of the facts stated in the results.
A.R.S. § 3-2664 — Arizona Code / Title 3 / Chapter 15 / Article 3 / Section 2664
3-2664 Permit to feed garbage to swine; exception
Status: in_force

3-2664. Permit to feed garbage to swine; exception

A. No person shall feed garbage to swine without first obtaining a permit from the associate director. All permits shall be renewed during January of each year.

B. This article shall not apply to any person who feeds only his own household garbage to swine which are raised for his own use.
A.R.S. § 3-2127 — Arizona Code / Title 3 / Chapter 13 / Article 4 / Section 2127
3-2127 Segregation of horsemeat products sold at retail from other meat products
Status: in_force

3-2127. Segregation of horsemeat products sold at retail from other meat products

All horsemeat or horsemeat products sold at retail shall be sold from a case separate from that which contains the flesh of cattle.
A.R.S. § 3-3433 — Arizona Code / Title 3 / Chapter 19 / Article 3 / Section 3433
3-3433 Standards for motor fuel; exceptions
Status: in_force

3-3433. Standards for motor fuel; exceptions

A. Except as provided in section 3-3434 and subsections C, D, E, F, G and K of this section, a retail seller or fleet owner shall not store, sell or expose or offer for sale any motor fuel, kerosene, oil or other liquid or gaseous fuel or lubricating oil, lubricant, mixtures of lubricants or other similar products if the product fails to meet the standards specified in this section and in the rules adopted by the associate director.

B. A person shall not misrepresent the nature, origination, quality, grade or identity of any product specified in subsection A of this section or represent the nature, origination, quality, grade or identity of such product in any manner calculated or tending to mislead or in any way deceive.  This subsection does not prohibit product origination disclaimer labeling on the retail dispenser.

C. After consultation with the director of the department of environmental quality, the standards and test methods for motor fuels shall be established by the associate director of the division by rule.

D. Maximum vapor pressure for gasoline that is supplied or sold by any person and that is intended as a final product for the fueling of motor vehicles in a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A shall be 9.0 pounds per square inch from and after September 30 through March 31 of each year. Fuel used in motor vehicles at a manufacturer's proving ground or a motor vehicle racing event is exempt from this subsection.

E. From and after September 30 through March 31 of each year, a person shall not supply or sell gasoline that exceeds the ASTM D4814 class A vapor pressure/distillation class ten volume percent evaporated distillation temperature.

F. Maximum vapor pressure for gasoline that is supplied or sold by any person and that is intended as a final product for the fueling of motor vehicles in a county with a population of one million two hundred thousand persons or more and any portion of a county contained in area A shall be 7.0 pounds per square inch from and after May 31 through September 30 of each year. Fuel used in motor vehicles at a manufacturer's proving ground or a motor vehicle racing event is exempt from this subsection.

G. Exclusively for the purposes of transportation conformity and only if the administrator of the United States environmental protection agency fails to approve the applicable plan required pursuant to section 49-406, maximum vapor pressure for gasoline that is supplied or sold by any person and that is intended as a final product for the fueling of motor vehicles in area B shall be ten pounds per square inch from and after September 30 through March 31 of each year. Fuel used in motor vehicles at a manufacturer's proving ground or a motor vehicle racing event is exempt from this subsection.

H. Notwithstanding subsections D, F and G 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 either of the following:

1. Motor vehicle carbon monoxide emissions that are equal to or less than emissions that result under compliance with subsection D of this section and section 3-3492. In making this determination, the associate director of the division and the director of the department of environmental quality shall compare the emissions of the alternate fuel control measure with the emissions of a fuel with a maximum vapor pressure standard as prescribed by this section and with the minimum oxygen content or percentage by volume of ethanol as prescribed by section 3-3492.

2. Motor vehicle non-methane hydrocarbon emissions that are equal to or less than the emissions that result under compliance with subsection F of this section. In making this determination, the associate director of the division and the director of the department of environmental quality shall compare the motor vehicle non-methane hydrocarbon emissions of the alternate fuel control measure with the motor vehicle non-methane hydrocarbon emissions of a fuel that complies with the maximum vapor pressure standard as prescribed by subsection F of this section.

I. Any alternate fuel control measures that are approved shall not increase emissions of non-methane hydrocarbons, particulates, carbon monoxide or oxides of nitrogen. Alternate fuel control measures approved pursuant to subsection H of this section and this subsection may be used by any gasoline provider unless the approval is rescinded more than one hundred eighty days before the first day of a gasoline control period. Gasoline providers that use an approved alternate fuel control measure shall annually submit a compliance plan to the associate director no later than sixty days before the first day of a gasoline control period.

J. A person shall not sell or offer or expose for sale diesel fuel grade 1, 2 or 4 as defined in ASTM D975, biodiesel, biodiesel blends or biomass-based diesel or biomass-based diesel blends that contain sulfur in excess of fifteen parts per million.  Locomotive and marine diesel fuel is exempt from this requirement if the fuel meets the requirements of 40 Code of Federal Regulations section 80.513(g) and (h).

K. A person shall label dispensers at which biodiesel, biodiesel blends, biomass-based diesel or biomass-based diesel blends are dispensed in conformance with 16 Code of Federal Regulations part 306.  This section does not preclude a person from labeling a dispenser that dispenses diesel fuel that contains up to five percent biodiesel or biomass-based diesel with a label that states "may contain up to five percent biodiesel" or "may contain up to five percent biomass-based diesel".

L. For biodiesel blends that contain more than five percent by volume of biodiesel, a person shall prepare product transfer documents in a manner that notifies the transferee of the percent by volume of biodiesel in the product.

M. The associate director shall adopt rules regarding the establishment and enforcement of all of the following:

1. National or federal standards for individual biofuels and biofuel blends.

2. United States environmental protection agency and ASTM test methods for individual biofuels and biofuel blends.

3. Registration and reporting requirements for producers, blenders and suppliers of biofuels and biofuel blends.

4. Labeling requirements for biofuels and biofuel blends other than biodiesel or biodiesel blends.

5. Quality assurance and quality control programs for producers, blenders and suppliers of biofuels and biofuel blends addressing rack, batch or other blending.

6. Requirements that the dispensing equipment meet appropriate UL ratings where available and applicable, that the equipment comply with rules adopted by the division relating to approval, installation and sale of devices and that the equipment be compatible with the products being dispensed.

N. A biofuels or biofuel blends producer, blender, distributor, supplier or retail seller that is in compliance with this section and the rules adopted pursuant to this section is not liable to a consumer for any injuries or property damage related to a consumer who misfuels.

O. If any person transfers custody or title of a diesel fuel or distillate, biodiesel, a biodiesel blend, biomass-based diesel or a biomass-based diesel blend, except if the fuel is dispensed into a motor vehicle or nonroad, locomotive or marine equipment, the transferor shall provide to the transferee product transfer documents that conform with 40 Code of Federal Regulations section 80.590.

P. If the transfer of a motor fuel is from a terminal, storage facility, or transmix facility, the product transfer documents shall contain the information prescribed in subsection O of this section.  In addition, the fuel transporter shall ensure that the name and address of the final destination for the shipment, as prescribed by division rule, are included and that the product transfer documents accompany the shipment to its final destination.
A.R.S. § 3-1001 — Arizona Code / Title 3 / Chapter 8 / Article 1 / Section 1001
3-1001 Arizona exposition and state fair board; members; appointment; terms; vacancy; removal; oath; bond; meetings; report
Status: in_force

3-1001. Arizona exposition and state fair board; members; appointment; terms; vacancy; removal; oath; bond; meetings; report

A. There shall be an Arizona exposition and state fair board consisting of five members appointed by the governor. Each member shall serve for a term of five years. No more than three of such members shall be of the same political party. No more than two of such members shall be from any one county. One of the members shall be knowledgeable and have not less than five years' experience in accounting, one member shall be knowledgeable and have not less than five years' experience in finance or business management and another member shall be knowledgeable and have not less than five years' experience in agriculture and another member shall be knowledgeable and have not less than five years' experience in the field of promotions or public relations. Appointment to fill a vacancy resulting otherwise than from expiration of term shall be for the unexpired term. A vacancy shall result when a member is absent from two consecutive regular meetings, except in the event of sickness of the member. A board member may be removed by the governor for cause.

B. Each member of the board shall take the oath of office.

C. The board shall hold no less than four regular meetings each year and special meetings as designated by the chairman. In May of each year the board shall elect a chairman and vice-chairman. The executive director shall designate an employee of the board to act as its recording secretary.

D. Within three weeks after the end of each calendar month the board shall prepare a report signed by the chairman which shall be transmitted to the governor and the joint legislative budget committee. The report shall contain full financial data for the preceding month, including funds received and disbursed, assets and liabilities, profit and loss, and a full and detailed account of its transactions. In addition, the report shall include a copy of the minutes of all regular and special meetings.
A.R.S. § 3-2013 — Arizona Code / Title 3 / Chapter 13 / Article 1 / Section 2013
3-2013 Slaughter of animals for compensation without license; classification
Status: in_force

3-2013. Slaughter of animals for compensation without license; classification

A person slaughtering any livestock, sheep, goats, swine, horses, mules or other equines, for compensation without first procuring a license to slaughter as provided in this article, is guilty of a class 2 misdemeanor.
A.R.S. § 3-525.01 — Arizona Code / Title 3 / Chapter 3 / Article 4.1 / Section 525.01
3-525.01 Produce safety rule; state administration; powers and duties; advisory council
Status: in_force

3-525.01. Produce safety rule; state administration; powers and duties; advisory council

A. The department is designated as the agency for this state for all purposes of the produce safety rule.

B. The director may:

1. Negotiate, consult and collaborate with the United States food and drug administration and do all things consistent with this article that are necessary to obtain and maintain federal approval and delegation of authority to regulate produce that is subject to the produce safety rule with respect to produce that is grown, harvested, packed or held in this state.

2. Consult, cooperate, collaborate and, if necessary, enter into formal intergovernmental and interagency agreements and memoranda of understanding with federal agencies, with agencies, instrumentalities and political subdivisions of this state and with nongovernmental organizations concerning the application of the produce safety rule as necessary to administer this article.

3. Apply for, accept and spend federal and other nonstate financial aid and allowances that may be available for the purpose of administering this article.

4. Accept advisory, technical and training assistance in planning and otherwise developing the produce safety activities under this article, including curricular and instructional materials, equipment and other materials and assistance that are useful for administering this article.

5. Facilitate cooperation among federal, state, local and private entities to help coordinate and enhance the protection of agriculture and food systems.

6. Use any available federal process to petition for a variance, waiver or exemption from federal requirements that may be desirable, advantageous or necessary to accommodate state or local conditions or considerations.

7. To minimize the economic and operational burdens created from multiple food safety program audits or inspections, use any available federal process to obtain approval from the United States food and drug administration that the standards of a food safety program under the department's authority align with the produce safety rule such that the program satisfies the produce safety rule's requirements.

C. The associate director shall:

1. Establish training activities and outreach and technical assistance programs to encourage the acceptance, cooperation, participation and compliance by owners, lessees, operators and designated representatives of farms, harvesters, holders, packers, commodity groups and other members of the regulated community.

2. Establish a continuing program for training employees and agents of the department to ensure a high level of knowledge of the law and skill in identifying, assessing and addressing risks to public health with the least disruption of a safe food supply.

3. Plan, develop, coordinate and administer the state program for administering the requirements of this article, including technical, laboratory and training activities.

D. As authorized by the director, the associate director may:

1. Use the cooperative extension service under chapter 1, article 3 of this title to the extent possible to accomplish the purposes of this article.

2. Issue certificates as evidence of completion of formal training programs by owners, lessees, operators and designated representatives of farms.

E. The citrus, fruit and vegetable advisory council shall assist and advise the director and associate director on matters under this article pursuant to article 4.3 of this chapter.
A.R.S. § 3-361 — Arizona Code / Title 3 / Chapter 2 / Article 6 / Section 361
3-361 Definitions
Status: in_force

3-361. Definitions

In this article, unless the context otherwise requires:

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

2. "De minimis violation" means a violation which, although undesirable, has no direct or immediate relationship to safety, health or property damage. Repeated de minimis violations constitute a nonserious violation.

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

4. "Nonserious violation" means a violation that may have had a direct or immediate relationship to safety, health or property damage, but which does not constitute a de minimis violation or a serious violation, unless the violator did not, and could not with the exercise of reasonable diligence, know of such safety, health or property damage risk in which case the violation is de minimis.

5. "Paraquat" means the pesticide dimethyl-dipyridinium dichloride.

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

7. "Pesticide use" means the sale, processing, storing, transporting, handling or applying of a pesticide and disposal of pesticide containers.

8. "Restricted use pesticide" means a pesticide classified as such by the United States environmental protection agency.

9. "Serious violation" means a violation of this article or a rule adopted under this article which produces a substantial probability that death or serious physical harm could result, unless the violator did not, and could not with the exercise of reasonable diligence, know of such safety or human health risk, in which case the violation is nonserious.
A.R.S. § 3-1087 — Arizona Code / Title 3 / Chapter 10 / Article 1 / Section 1087
3-1087 Deposit of fees; rebates; use of monies on termination
Status: in_force

3-1087. Deposit of fees; rebates; use of monies on termination

A. Monies collected pursuant to sections 3-1086, 3-1086.01 and 3-1086.02 shall be deposited and held in trust in the council's accounts and disbursed as approved by the council for the purposes prescribed in this article.

B. The council may use monies collected under section 3-1086 as a rebate to cotton producers to facilitate a program to provide incentives for the timely plow up of cotton fields according to the dates established by rules adopted pursuant to chapter 2, article 1 of this title to maintain a host-free period. The council shall issue a rebate only on certification by the council that the cotton field has been plowed up.  With the approval of the cotton producer, the rebate may be assigned to a lending institution.

C. If the council is terminated, any monies in the council's accounts 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.

D. The monies in the account may be invested pursuant to section 35-313. Interest earned on these monies shall be credited to the account.
A.R.S. § 3-319 — Arizona Code / Title 3 / Chapter 2 / Article 4.1 / Section 319
3-319 Violations; classification; civil penalties
Status: in_force

3-319. Violations; classification; civil penalties

A. In addition to any liability established by this article or any penalty provided by law, the director may impose a civil penalty of not more than five thousand dollars for each violation of any of the following:

1. A licensing requirement.

2. A license term or condition.

3. A rule or order adopted by the director that relates to propagating, harvesting, transporting or processing industrial hemp.

B. A person who intentionally violates this article or any rule or order related to this article is guilty of a class 1 misdemeanor.

C. A person who does not hold a license issued by the department or who is not a designee or agent of a person who holds a license issued by the department may not propagate, harvest, transport or process industrial hemp. A person who violates this subsection is subject to section 13-3405.
A.R.S. § 3-2667 — Arizona Code / Title 3 / Chapter 15 / Article 3 / Section 2667
3-2667 Cooking or other treatment of garbage
Status: in_force

3-2667. Cooking or other treatment of garbage

All garbage, regardless of previous processing, shall before being fed to swine be thoroughly heated to at least two hundred twelve degrees Fahrenheit or the boiling point for at least thirty minutes, unless treated in some other manner which shall be approved in writing as being equally effective for the protection of public health and the prevention of the spread of disease among livestock.
A.R.S. § 3-1721 — Arizona Code / Title 3 / Chapter 12 / Article 2 / Section 1721
3-1721 Petition of seizure; notice of seizure; lien for expenses; forced sale; disposition of proceeds; nonliability of state; neglect or cruel treatment of equine; civil penalty; legal representation
Status: in_force

3-1721. Petition of seizure; notice of seizure; lien for expenses; forced sale; disposition of proceeds; nonliability of state; neglect or cruel treatment of equine; civil penalty; legal representation

A. Any person or peace officer who believes that an equine is in poor physical condition because of neglect or cruel treatment may petition on affidavit a justice of the peace of the precinct or a city magistrate of the city in which the equine is found for an order authorizing the department to take possession of and provide care for the equine for a fifteen-day period. The order shall not be issued unless the affidavit provides that the livestock custody trust fund established by section 3-1377 has a balance that permits the department to provide such care or that the department can demonstrate that the expenses have been contracted for pursuant to subsection E of this section. The clerk of the court or justice of the peace, as the case may be, after filing and docketing the petition, shall enter a brief statement of the petition on the docket and set a time for a hearing that is not less than five and not more than fifteen days after the petition is filed.  The order shall state the time and place of the hearing.

B. On receiving the order the department shall take possession of the equine.  The department shall serve the order on the owner of the equine, if known, at least twenty-four hours before the hearing, either by personal service on the owner or by leaving a copy of the order with a person of suitable discretion at the owner's residence or place of business. If the owner is not known, the department shall give notice by posting a copy of the order on the day of the seizure in a conspicuous place at the location where the equine was seized and in at least two public places in the county where the equine was seized. The order shall be served by a livestock officer, constable or sheriff of the county.

C. If, at the hearing, it is determined that the equine at the time of taking possession was not in poor physical condition because of neglect or cruel treatment, the owner may immediately reclaim the equine and shall not be liable for payment of any expense incurred in the handling, feeding and care of the equine. Unless malice is proved, no action taken by an employee of the department or by a peace officer pursuant to this article shall be subject to civil or criminal liability.

D. On failure of the owner to be awarded immediate, expense-free possession of the equine pursuant to subsection C of this section, the department shall either sell the equine at public auction or, if the equine's condition makes its sale impractical, dispose of the equine in the most humane manner possible. The department shall deposit the proceeds of the sale in the livestock custody trust fund established by section 3-1377 for distribution in the following priority:

1. The department shall be reimbursed for auction, handling, feeding and caring expenses.

2. Any monies derived from the sale in excess of the expenses to be paid pursuant to paragraph 1 shall be paid to the owner of the equine. After thirty days if the owner has not claimed the money, this money shall revert to the livestock custody trust fund established by section 3-1377.

E. The director may contract with any person or group to handle, feed and care for any equine taken into custody pursuant to this section. The state shall not be liable for injury or death of any person or equine or damage to property caused by the performance of the contract.

F. Notwithstanding any provision of this article to the contrary, the county attorney of the county in which the equine was seized, at any time prior to the expiration of fifteen days after the seizure of the equine, may take charge of and keep the equine at the expense of the county when the county attorney considers it to be of evidentiary value in any criminal prosecution relating to the condition of the equine.

G. In addition to violating section 13-2910, a person who subjects an equine to neglect or cruel treatment is subject to a civil penalty of not more than seven hundred fifty dollars for each violation. All civil penalties assessed pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

H. The county attorney of the county, or the city attorney of the city, in which the livestock is seized may represent the livestock officer and the interests of this state in proceedings under this section.

I. On receipt the department shall deposit all monies, except civil penalties, collected pursuant to this section or received as a money donation from any public or private group, society, association or individual in the livestock custody trust fund established by section 3-1377. The monies in the fund shall be used to reimburse the department for expenses incurred in the handling, feeding, care and auctioning of equines seized pursuant to this section.
A.R.S. § 3-1309 — Arizona Code / Title 3 / Chapter 11 / Article 4 / Section 1309
3-1309 Proof of branding with brand of accused as tending to show conversion by accused
Status: in_force

3-1309. Proof of branding with brand of accused as tending to show conversion by accused

Upon a trial for a violation of the livestock laws of the state, the prosecution may prove, as tending to show a conversion by the accused, that the animals in question were branded into a brand or were marked into a mark claimed by the accused to be his brand or mark, although neither the brand nor the mark is recorded.
A.R.S. § 3-2604 — Arizona Code / Title 3 / Chapter 15 / Article 1 / Section 2604
3-2604 Publications; membership in professional organizations
Status: in_force

3-2604. Publications; membership in professional organizations

A. The department may publish at such times and in such form as the director deems proper:

1. Information concerning the sale of commercial feeds and customer-formula feeds together with such data on their production and use as he may consider advisable, but the information concerning production and use of commercial feeds and customer-formula feeds shall not disclose the operations of any one person.

2. Reports of chemists' findings based on official samples of each brand of commercial feed and customer-formula feed sampled and analyzed as compared to the guaranteed chemical analysis for each such feed.

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

1. Join and subscribe to any state, district, regional or national organization or publications relating to sale and distribution of or control of sale and distribution of commercial feeds.

2. Attend state, district, regional and national meetings relating to sale and distribution or control of sale and distribution of commercial feeds.

C. Expenses authorized by this section shall be paid from and limited by the commercial feed trust fund.
A.R.S. § 3-274 — Arizona Code / Title 3 / Chapter 2 / Article 3 / Section 274
3-274 Label as warranty
Status: in_force

3-274. Label as warranty

Any label or descriptive tag attached to a lot, parcel or package of commercial fertilizer, agricultural mineral or other fertilizer material carrying a chemical analysis or claims for other values shall be deemed a warranty as to the things stated thereon by the person attaching the label or tag in favor of the buyer and of each successive buyer purchasing the goods relying thereon.
A.R.S. § 3-2402 — Arizona Code / Title 3 / Chapter 14 / Article 1 / Section 2402
3-2402 Expenditures
Status: in_force

3-2402. Expenditures

A. The director may approve expenditures for equipment, materials, supplies, transportation and other expenses, including personal services, necessary to discharge the powers imposed by this article.

B. Claims drawn upon an appropriation made to carry out the provisions of this article shall be certified as to correctness by the state director of the federal animal damage control program or some person designated by him.
A.R.S. § 3-1335 — Arizona Code / Title 3 / Chapter 11 / Article 5 / Section 1335
3-1335 Certificate of inspection; delivery
Status: in_force

3-1335. Certificate of inspection; delivery

A. Upon completion of an inspection, the livestock officer or inspector shall deliver to the person in charge of the livestock a certificate on a form provided by the department disclosing the date of inspection, the purpose for which inspected, the number, sex and kind of livestock inspected, their brands and the fee collected. The certificate of inspection shall have clearly imprinted on its face the legend: "This certificate of inspection is not and shall not be used as a bill of sale."

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. § 3-1297 — Arizona Code / Title 3 / Chapter 11 / Article 4 / Section 1297
3-1297 Concealment of livestock killed or injured by railroad or motor vehicle; classification
Status: in_force

3-1297. Concealment of livestock killed or injured by railroad or motor vehicle; classification

A person who buries, removes or in any manner conceals livestock killed or injured by locomotives or cars of a railroad company or by a motor vehicle, with intent to conceal the cause of the death or injury, is guilty of a class 3 misdemeanor.
A.R.S. § 3-1003.01 — Arizona Code / Title 3 / Chapter 8 / Article 1 / Section 1003.01
3-1003.01 Qualifications of executive director, coliseum manager, and comptroller
Status: in_force

3-1003.01. Qualifications of executive director, coliseum manager, and comptroller

A. The executive director shall be qualified by having at least five years' experience in, and a working knowledge of, coliseum or similar auditorium type operational management, including fair, agricultural and livestock exposition experience.

B. The coliseum manager shall be qualified by having at least four years' experience as manager or assistant manager of a coliseum or similar auditorium type of operation.

C. The comptroller shall be qualified preferably as a certified public accountant with at least five years' experience in general accounting including cost accounting and budgetary proceedings.
A.R.S. § 3-1007.01 — Arizona Code / Title 3 / Chapter 8 / Article 1 / Section 1007.01
3-1007.01 Naming of coliseum or auditorium in honor of war veterans
Status: in_force

3-1007.01. Naming of coliseum or auditorium in honor of war veterans

The state fair commission shall designate and name the auditorium or coliseum now under construction in honor and memory of all Arizona war veterans. There shall be in the auditorium a display of flags, trophies or war mementos.
A.R.S. § 3-1293 — Arizona Code / Title 3 / Chapter 11 / Article 4 / Section 1293
3-1293 Procedure for owner to authorize another person to deal with animals; violation
Status: in_force

3-1293. Procedure for owner to authorize another person to deal with animals; violation

A. A person who desires to authorize another person to gather, drive or otherwise handle animals bearing the recorded brand or mark owned by the person granting the authority, or animals of which he is the lawful owner but which bear other brands or marks, shall furnish the other person an authority in writing which lists the brands or marks authorized to be handled, and authorizes the other person to gather, drive or otherwise handle the animals described.

B. If a person who gives written authority for the purposes provided in subsection A inserts therein any brand or mark of which he is not the lawful owner and an animal bearing such brand or mark is unlawfully taken, gathered, driven or otherwise unlawfully handled by virtue of the written authority by the person to whom the written authority was given the person giving the written authority shall be deemed a principal to the unlawful taking, gathering, driving or handling of such animals.
A.R.S. § 3-315 — Arizona Code / Title 3 / Chapter 2 / Article 4.1 / Section 315
3-315 Industrial hemp trust fund
Status: in_force

3-315. Industrial hemp trust fund

A. The industrial hemp trust fund is established for the exclusive purpose of implementing, continuing and supporting industrial hemp licensing.  The trust fund consists of monies received from legislative appropriations, licensing fees and all other sources under this article.  The monies collected constitute a separate and permanent fund for use by the director in administering and enforcing this article.

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

C. The director may accept and spend federal monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of this article.

D. The beneficiary of the trust is the industrial hemp program established pursuant to this article, including salaries, fees and office, administrative, bonding and travel expenses that are incurred as a result of the industrial hemp program.

E. Any monies remaining unexpended in the trust fund on June 30 of each year shall be carried forward to the following year and do not revert to the state general fund.
A.R.S. § 3-3475 — Arizona Code / Title 3 / Chapter 19 / Article 5 / Section 3475
3-3475 Civil penalties; hearing
Status: in_force

3-3475. Civil penalties; hearing

A. A person who violates this chapter, any rule of the division or any license requirement is subject to a civil penalty imposed by the associate director.

B. A person who violates this chapter, any rule of the division or any license requirement may request an informal or formal hearing to review a civil penalty imposed under this section. If the person requests an informal hearing, the division may conduct the informal hearing, in person or telephonically, to resolve a warning or citation.  If the person requests a formal hearing or the warning or citation is not resolved in the informal hearing, the division shall conduct a formal hearing in accordance with title 41, chapter 6, article 10. Except as prescribed in subsection C of this section, the civil penalty shall not exceed one thousand dollars for each infraction nor more than ten thousand dollars for any thirty-day period at each business location, for each registered service representative or for each public weighmaster, provided that no person shall be assessed more than fifty thousand dollars per thirty-day period.

C. The associate director may double the maximum civil penalty if any of the following applies:

1. A commercial device is found to be in violation with results that favor the retailer at more than twice the allowable tolerance as stated in national institute of standards and technology handbook 44.

2. A package is found to exceed the maximum allowable variation for the labeled quantity allowed in national institute of standards and technology handbook 133 or the average error of the lot is twice the sample error limit in favor of the retailer.

3. A vapor recovery system reinspection fails the required tests.

4. A maximum civil penalty has been imposed on a retailer for a price posting or price verification violation and in a reinspection, if conducted within ninety days, the failure rate is ten percent or more and at least one error is in favor of the retailer.

5. A maximum civil penalty has been imposed on a refiner, refinery, pipeline, terminal, fuel transporter, registered supplier or transmix processing facility for a violation of motor fuel quality standards or producing a product transfer document that is incorrect, incomplete or produced in any manner tending to mislead or deceive a person.

D. The attorney general shall bring actions to recover civil penalties pursuant to this section in the superior court in the county in which the violation occurred or in a county where the agency has its office.  All monies derived from civil penalties shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 3-163 — Arizona Code / Title 3 / Chapter 1 / Article 5 / Section 163
3-163 Application
Status: in_force

3-163. Application

A. An applicant must provide documentary evidence that property meets the qualifications prescribed by this article for listing on the register of heritage agriculture.  The commission may require additional information as necessary to support the application.

B. The commission shall:

1. Establish an advisory group of persons with experience in agriculture to assist the commission in evaluating applications under this section.

2. Prescribe the procedure for filing and evaluating the applications.

3. Set a nonrefundable application fee which must be paid in full when the application is submitted.

C. The commission may establish categories of recognition based on the age of the agricultural operation.
A.R.S. § 3-2014 — Arizona Code / Title 3 / Chapter 13 / Article 1 / Section 2014
3-2014 Limitation
Status: in_force

3-2014. Limitation

A. Nothing in this chapter shall be construed to modify or repeal any provision of title 36, chapter 8, article 1, relating to adulteration and misbranding.

B. Nothing in this chapter shall be construed to modify or repeal any provision of title 36, chapter 1, relating to local boards and departments of health and the department of health services.
A.R.S. § 3-128 — Arizona Code / Title 3 / Chapter 1 / Article 3 / Section 128
3-128 Expenditures of university of Arizona funds
Status: in_force

3-128. Expenditures of university of Arizona funds

A. For the purpose of aiding counties in support of the agricultural extension program, the board of regents shall have prepared an annual financial budget covering the university of Arizona's share of the cost of extension work in each county and after approval thereof may expend such amount of the university of Arizona funds.

B. No funds secured through taxation, appropriation or from the university of Arizona, as provided in this article, shall be available for any county until plans for the expenditure of the funds have been made and approved by the board of regents.

C. All money obtained by taxation, appropriation, or from the university of Arizona shall be expended for the use and benefit of the county entitled to receive the fund, and the monies directed to be expended from the university of Arizona funds shall be expended and disbursed upon claims drawn by the board of regents showing upon their face the county for whose account the funds are expended.
A.R.S. § 3-1402 — Arizona Code / Title 3 / Chapter 11 / Article 7 / Section 1402
3-1402 Holding and sale of stray animals; repossession before and after sale; nonliability of state
Status: in_force

3-1402. Holding and sale of stray animals; repossession before and after sale; nonliability of state

A. Any person who finds a stray animal may attempt to locate and, if located, notify the owner where the animal may be found.  If the owner is unknown or cannot be located, or the person elects not to locate or notify the owner, the person shall notify the department and the department shall follow procedures pursuant to this section.

B. A livestock officer or inspector who finds or is notified of a stray animal shall attempt to locate the owner and, if located, notify the owner where the animal may be found. If the owner does not take immediate possession of the animal, or if the owner or claimant is unknown or cannot be located, the livestock officer or inspector shall hold the stray animal for at least seven days, but shall hold the stray animal up to fourteen days at the request of any person or organization, and sell it at public auction to the highest bidder for cash, after giving at least five days' notice of the sale.

C. The department shall cause notice to be posted in three public places in the justice precinct where the stray animal is held stating:

1. That the stray animal will be sold at public auction for cash to the highest bidder.

2. The location where the stray animal will be held and the location where the animal will be sold.

D. The owner of a stray animal may take possession of the animal at any time prior to sale by proving ownership and paying the inspection fee and all expenses incurred in keeping and caring for the animal.

E. If the owner of the stray does not claim the animal before the day of sale, or if the owner is unknown or cannot be located, the livestock officer or inspector shall sell the animal pursuant to the notice, and shall deliver an invoice of sale or a livestock inspection certificate to the purchaser.  The owner of an animal sold may take possession of it at any time before the purchaser sells it by paying to the purchaser the purchase price paid at the sale, together with the expense of keeping and caring for the animal from the date of sale to the time the owner takes possession of the animal.

F. Livestock that is received at auction markets without proper documentation but with no evidence of criminal intent by the shipper may be sold, but the director shall impound the proceeds of the sale in the livestock custody trust fund established by section 3-1377. On presentation of proper documentation of ownership, the director shall pay the proceeds, less any charges incurred, to the person who is entitled to the proceeds.

G. The director may contract with any person to handle, feed and care for stray animals taken into custody under this section. This state is not liable for the injury or death of any person or stray animal or damage to property due to performance of the contract.
A.R.S. § 3-261 — Arizona Code / Title 3 / Chapter 2 / Article 3 / Section 261
3-261 Applicability of article
Status: in_force

3-261. Applicability of article

The provisions of this article shall apply to any substance or mixture of substances intended to be used for promoting or stimulating the growth of plants, increasing the productiveness of plants, improving the quality of crops or producing any chemical or physical change in the soil. Except as provided in section 3-274, this article shall not apply to sales for export outside the state nor to sales of agricultural minerals to any licensed producer, manufacturer, importer, agent or dealer in agricultural minerals, or to sales of fertilizing materials to any licensed producer, manufacturer, importer, agent or dealer in commercial fertilizers, but such exemptions shall not relieve such licensed persons from the tonnage license fee provided for in section 3-268 when purchased fertilizing materials are used upon their own lands within this state.
A.R.S. § 3-914 — Arizona Code / Title 3 / Chapter 7 / Article 1 / Section 914
3-914 Board of supervisors; power to preserve plants
Status: in_force

3-914. Board of supervisors; power to preserve plants

The board of supervisors of each county is authorized to adopt and enforce ordinances not in conflict with law for the preservation of protected groups of plants.
A.R.S. § 3-665 — Arizona Code / Title 3 / Chapter 4 / Article 3 / Section 665
3-665 Plant licensing
Status: in_force

3-665. Plant licensing

A. It is unlawful to engage in the manufacture of trade products unless a license for the then current calendar year for each separate plant or place used for such business is issued by the associate director pursuant to this section.

B. Each application for a license shall be in such form as the associate director prescribes, and shall be accompanied by a fee of one hundred dollars. Where trade products are manufactured in a milk distributing plant, the fee paid to license such plant shall be applied to reduce the fee prescribed in this subsection.

C. The associate director shall issue to each applicant that satisfies the requirements of this chapter a license which entitles the applicant to manufacture, sell, or distribute trade products for the then current calendar year, unless the license is sooner revoked or suspended.

D. The license shall expire at the end of each calendar year, but shall remain in force during the month of January of the next succeeding year or such part of the month as may be necessary for the renewal of the license.

E. It is unlawful for any person to sell, give away or deliver any trade product which has been produced in a plant that is in an insanitary condition.

F. Grounds for revocation or suspension of such license shall be the manufacture of trade products under unhealthful or insanitary conditions or in any manner which violates the provisions of this chapter.
A.R.S. § 3-1006 — Arizona Code / Title 3 / Chapter 8 / Article 1 / Section 1006
3-1006 Change of name; body corporate
Status: in_force

3-1006. Change of name; body corporate

A. Except as may be otherwise provided by the terms of this chapter, all of the powers and duties of the Arizona state fair commission are vested in the Arizona exposition and state fair board. Whenever the name "state fair commission" or "commission", denoting the Arizona state fair commission, is used in any statute, appropriation or budget, it shall be held to include and mean the Arizona exposition and state fair board. The provisions of this chapter shall not annul or modify any lawful contract heretofore made and executed by the state fair commission, including resolution number 102, of the state fair commission, the bonds issued thereunder, and all of the terms and provisions of such resolution and bonds shall continue in full force and effect and are binding upon the Arizona exposition and state fair board.

B. The Arizona exposition and state fair board shall constitute a body corporate with the name of Arizona exposition and state fair board and by that name shall be known and shall have perpetual succession.
A.R.S. § 3-1005 — Arizona Code / Title 3 / Chapter 8 / Article 1 / Section 1005
3-1005 Arizona exposition and state fair fund
Status: in_force

3-1005. Arizona exposition and state fair fund

A. Monies received by the board, other than those referred to in section 3-1003, subsection A, paragraph 9 and other than those received by the board as ticket sales pursuant to a valid lease of the coliseum, shall be deposited, pursuant to sections 35-146 and 35-147, in the Arizona exposition and state fair fund and are subject to legislative appropriation. Ticket sale monies received pursuant to a valid lease of the coliseum may be deposited with a bank qualified to receive public deposits under title 35, chapter 2, article 2.1, in which case the signature of the executive director or an employee designated by the executive director and the lessee shall be required on any instrument withdrawing such a deposit. Vouchers for authorized expenditures shall be signed by the executive director or by an employee who is designated by the executive director. The receipt and expenditure of funds shall be as prescribed by law and the rules of the director of the department of administration. Balances remaining in the fund at the end of a fiscal year shall not revert to the general fund.

B. On notice from the executive director, the state treasurer shall invest and divest monies in the Arizona exposition and state fair fund in obligations issued or guaranteed by the United States or any of the senior debt of its agencies, sponsored agencies, corporations, sponsored corporations or instrumentalities, and monies earned from investment shall be credited to the Arizona exposition and state fair fund.

C. Disbursements from an account of ticket sales received pursuant to a valid lease of the coliseum as described in subsection A of this section shall be limited to payments of amounts due to the lessor or lessee pursuant to the lease. No disbursements from this account shall be made for state wages, salaries or expenses. On the completion or termination of any lease pursuant to subsection A of this section, all monies accruing to the board shall be deposited, pursuant to sections 35-146 and 35-147.

D. The exposition and state fair board permanent revolving fund is established for use in making change at fairs and for purchases and activities requiring immediate cash outlay for events sponsored by the Arizona exposition and state fair board that are proper as ultimate claims for payment from the exposition and state fair fund. The amount of the fund shall not exceed $60,000, except for a period beginning fifteen days before and ending fifteen days after the annual Arizona state fair each year when the amount of the fund shall not exceed $400,000 for use during the annual state fair. Expenditures from this fund and reimbursement to the fund shall be as prescribed by rules of the director of the department of administration. All monies deposited in the revolving fund are appropriated to the board for the purposes provided in this subsection and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The exposition and state fair board permanent revolving fund shall be established as a separate account on the books of the exposition and state fair board and a full accounting of its use shall be made to the director of the department of administration annually or as required by the director of the department of administration.
A.R.S. § 3-367.02 — Arizona Code / Title 3 / Chapter 2 / Article 6 / Section 367.02
3-367.02 Notification by beekeepers of bees located in a commercial agricultural area
Status: in_force

3-367.02. Notification by beekeepers of bees located in a commercial agricultural area

A. Before locating bees on an apiary site, the owner of the bees shall obtain the landowner's or lessee's permission and notify in writing persons engaged in commercial agriculture on whose land the bees may forage. The notice shall include the beekeeper's address and telephone number, the location of the hives within a quarter section and the exact dates that the bees will be in the area.

B. After receiving the notice required by subsection A, the person who engages in commercial agriculture shall inform the beekeeper, before application, when a bee sensitive pesticide will be applied to the area in which the bees are foraging.

C. A failure by the beekeeper or the owner of the bees to notify the person or persons who engage in commercial agriculture as provided by subsection A constitutes prima facie evidence that no loss occurred due to a pesticide application and no pesticide violation related to bees has occurred.
A.R.S. § 3-594 — Arizona Code / Title 3 / Chapter 3 / Article 9 / Section 594
3-594 Petition and election to terminate council
Status: in_force

3-594. Petition and election to terminate council

On petition of at least one hundred twenty-three producers, the council shall conduct an election within sixty days of receipt of the petitions to determine whether the council should recommend to the legislature that the council and its programs be discontinued and terminated. The petition of producers shall include a certification statement that the signatures are those of producers of grain. The ballot for an election shall be in such form as to record a yes or no answer to the question: "Shall the Arizona grain research and promotion 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.
A.R.S. § 3-3419 — Arizona Code / Title 3 / Chapter 19 / Article 2 / Section 3419
3-3419 Consultation and training program; inspection training program
Status: in_force

3-3419. Consultation and training program; inspection training program

The associate director may develop and implement the following training programs:

1. A consultation and training program for entities regulated under this chapter that uses on-site visits, training and educational materials, and informational presentations to provide training and advice on interpreting, applying and complying, including alternative methods of complying, with the statutes, rules, regulations, standards or other matters relating to compliance with this chapter.

2. An inspection training program for division inspectors and employees to ensure that all inspections and tests provided for in this chapter are conducted in a consistent manner to the extent practicable.
A.R.S. § 3-667 — Arizona Code / Title 3 / Chapter 4 / Article 3 / Section 667
3-667 Rules and orders; delegation of duties; regulation of interstate products
Status: in_force

3-667. Rules and orders; delegation of duties; regulation of interstate products

A. The director shall adopt rules and orders that are necessary to carry out the purposes of this article, and that he determines are necessary to protect the public health and welfare, and to prevent deception or confusion among consumers. For labeling purposes only, the associate director may divide into categories the various trade and real milk products as being fluid milk, manufactured milk or food-predominantly-milk products. Any duties vested in the associate director by this article and delegable under law may be delegated by him to duly authorized employees or agents.

B. Notwithstanding any other provisions of this article, the director shall by rule make provisions for the transportation into the state and subsequent sale of trade products produced outside the state and labeled in accordance with federal law.

C. Notwithstanding any other provisions of this article, the director may by rule waive any of the provisions of this article as they apply to trade products manufactured for sale and distribution exclusively outside of this state, provided that the rules contain provisions ensuring that the products will not be made available or sold to consumers in this state.

D. All rules shall be adopted by the director only after open hearing at which interested parties shall be permitted to be heard. Any person desiring actual notice of the proposed enactment of rules shall notify the department in writing that he desires such notice. Twenty days prior to the date of a hearing on any proposed rule, the director shall send, by certified mail, a copy of the notice prescribed in section 41-1022 to each such person at the address supplied to the department.
A.R.S. § 3-364 — Arizona Code / Title 3 / Chapter 2 / Article 6 / Section 364
3-364 Inspection powers; notice
Status: in_force

3-364. Inspection powers; notice

A. The director may enter at reasonable times into or on or through any public or private property for the purpose of ascertaining compliance or noncompliance with any rules or orders adopted or issued under this article. If practicable, and if notice will not inhibit the director's ability to enforce this article, the director or the director's agent shall notify the owner, operator or lessee of the property when entering on the property.

B. Within five days after the inspection the director shall inform any alleged violator 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 3-368, subsection F.  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 or notice of de minimis violation under section 3-368, subsection F.  If the director does not issue a notice of a potential enforcement action, the director shall inform the alleged violator within fifteen days after the inspection that the director does not anticipate any enforcement action.
A.R.S. § 3-617 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 617
3-617 Fat content; determination; fee; inspection of records and equipment
Status: in_force

3-617. Fat content; determination; fee; inspection of records and equipment

A. A milk receiving plant, manufacturing plant or other place using a volumetric method for determining the fat content of milk or cream, where the result of the determination is to be used wholly or in part as a basis for payment or settlement for the milk or cream, or where the proceeds of cooperative creameries or milk receiving or manufacturing plants are allotted on the basis of the determination of milk fat, or where the result of the determination is used for the purpose of official inspection or for public record, shall use methods conforming to those prescribed in "standard methods for the examination of dairy products," current edition, by the association of official agricultural chemists.

B. No bottle or pipette shall be used in the determination unless it meets the specifications set up by the national institute of standards and technology for glass volumetric apparatus. All milk or cream test bottles and milk test pipettes, before being used, shall be submitted to the division for approval and the associate director shall cause the letter "A" to be etched thereon as evidence of his approval, but nothing in this article shall be construed to prohibit the use of a bottle or pipette previously marked "A" by the associate director, or the state dairy commissioner under prior law. The associate director shall collect a fee of one dollar for each one dozen bottles or pipettes so approved and etched.

C. When the amount of milk fat contained in milk or cream is used wholly or in part as a basis for payment therefor or is made a matter of official inspection or public record, no greater or lesser percentage or average percentage of milk fat than is actually contained in the milk or cream shall be reported or recorded.

D. The associate director or an authorized representative may check the records, inspect the equipment and assist in making determinations of fat content of milk or cream received at a milk receiving or manufacturing plant or other place of determination to ascertain the accuracy of the determinations so made.
A.R.S. § 3-344 — Arizona Code / Title 3 / Chapter 2 / Article 5 / Section 344
3-344 Advisory committee; membership; appointment; duties; uniformity of labeling and standards of pesticides
Status: in_force

3-344. Advisory committee; membership; appointment; duties; uniformity of labeling and standards of pesticides

A. The director may appoint an advisory committee as needed to assist and advise the director and associate director in adopting technical rules. The director shall designate the chairman. Meetings of the committee shall be held upon call of the associate director or director. Members of the committee shall serve without compensation, but shall be entitled to reimbursement for expenses of travel and subsistence incurred in the performance of their duties, which shall be paid from and limited by the pesticide trust fund.

B. In order to avoid confusion endangering the public health, which would result from diverse requirements, particularly as to the labeling and coloring of pesticides, and to avoid increased costs to the public due to the necessity of complying with such diverse requirements in the manufacture and sale of such pesticides, it is desirable that there should be uniformity between the requirements of the several states and the federal government relating to such pesticides. To this end, the director may after a hearing adopt rules applicable to and in conformity with primary standards established by this article as have been or may be prescribed by federal agencies with respect to pesticides.
A.R.S. § 3-526.07 — Arizona Code / Title 3 / Chapter 3 / Article 4.2 / Section 526.07
3-526.07 Indemnification of council members
Status: in_force

3-526.07. Indemnification of council members

Each member of the council is indemnified by the council against reasonable costs and expenses, including attorney fees, incurred by him in connection with any action, suit or proceedings to which he may be a party by reason of his being or having been a member of the council, except in relation to matters as to which he is adjudged in such action, suit or proceeding to have acted in bad faith as a council member. The right of indemnification is in addition to other rights to which the member is entitled as a matter of law.
A.R.S. § 3-1424 — Arizona Code / Title 3 / Chapter 11 / Article 8 / Section 1424
3-1424 Civil and criminal liability of person allowing stock to run at large within no-fence district
Status: in_force

3-1424. Civil and criminal liability of person allowing stock to run at large within no-fence district

The owner or person in charge of livestock, who recklessly allows or permits livestock to run at large within a no-fence district is guilty of a class 2 misdemeanor, and in addition is liable for damages for any trespass as provided for the collection of damages by owners of land enclosed within lawful fences.
A.R.S. § 3-1481 — Arizona Code / Title 3 / Chapter 11 / Article 10 / Section 1481
3-1481 Rules to regulate and protect ratite production; fees
Status: in_force

3-1481. Rules to regulate and protect ratite production; fees

A. The director may establish a program to regulate agricultural ratite ranching and production and may adopt rules to govern the ratite industry. The director may appoint an ad hoc advisory committee pursuant to section 3-106 to make recommendations concerning regulating the industry.

B. The state veterinarian may adopt rules that are necessary to adequately protect the ratite industry from contagious diseases and parasites.
A.R.S. § 3-403 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 403
3-403 Exemptions
Status: in_force

3-403. Exemptions

This article shall not apply to article 2.1, 4.2 or 4.3 of this chapter.
A.R.S. § 3-3103 — Arizona Code / Title 3 / Chapter 17 / Article 1 / Section 3103
3-3103 Assistant director for the office of agricultural safety
Status: in_force

3-3103. Assistant director for the office of agricultural safety

The director shall appoint a person as assistant director for the office of agricultural safety who, at the time of appointment:

1. Has been employed in the agricultural safety or health profession for at least two years and is currently engaged in the broad practice of safety or health or one of its relevant specialties or holds a degree from an accredited college or university appropriate to the field of agricultural safety and health and has at least one year of experience in the broad practice of safety or one of its relevant specialties.

2. Is competent to deal with the planning, design and needs of agricultural operations as the use of such operations relates to the safe, convenient and economic performance of agricultural functions.
A.R.S. § 3-614 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 614
3-614 Sale of products from diseased cow; classification
Status: in_force

3-614. Sale of products from diseased cow; classification

A. No person engaged in the production or manufacture of milk or milk products shall sell, give away, exchange or barter any milk or milk products in a raw, unpasteurized or unsterilized state, from a cow afflicted with a disease dangerous to human health or life, after knowledge thereof, or after receiving notice of the presence of the disease in the cow from the associate director or the state veterinarian.

B. A person may market milk or milk products through channels or methods which insure, to the satisfaction of the associate director, that such milk or milk products will be thoroughly and effectively pasteurized or sterilized before being offered to the consuming public as food. A person violating this section is guilty of a class 2 misdemeanor.
A.R.S. § 3-122 — Arizona Code / Title 3 / Chapter 1 / Article 3 / Section 122
3-122 Expenditure from university appropriation to match federal grant
Status: in_force

3-122. Expenditure from university appropriation to match federal grant

Upon duly itemized and sworn claims, approved by the president of the university of Arizona or his delegated agent, there shall be paid out of the general appropriation for the university of Arizona, as other claims against the state are paid, an amount equal to but not limited to the amount of such additional appropriation as may be apportioned to the state under the provisions of the Smith-Lever act.
A.R.S. § 3-383 — Arizona Code / Title 3 / Chapter 2 / Article 6.1 / Section 383
3-383 Powers
Status: in_force

3-383. Powers

The director may contract with any university or community college in this state for the planning, design and implementation of an integrated pest management program in this state.