A.R.S. § 3-3606 — Arizona Code / Title 3 / Chapter 20 / Article 1 / Section 3606
3-3606 Pesticide applications at schools and child care facilities; advance notification; exemptions
Status: in_force

3-3606. Pesticide applications at schools and child care facilities; advance notification; exemptions

A. Only a certified applicator may apply pesticides at a school or child care facility.

B. A business licensee or certified applicator shall notify a school or a child care facility at least seventy-two hours in advance of any pesticide application in order to permit the school to comply with section 15-152 and the child care facility to comply with section 36-898. The seventy-two-hour advance notice shall include:

1. The scheduled date and time the application is to occur.

2. The location and area of the application and the brand name of the pesticide or pesticides to be applied.

3. The name, address, phone number and contact person of the business licensee or certified applicator.

4. A statement that further information, the product label or the safety data sheet is available by contacting the business licensee or certified applicator.

C. The following pesticide applications are exempt from the notification requirement prescribed by subsection B of this section:

1. Nonresidual pesticide applications performed or contracted by public health agencies for adult vector control, provided that oral notification is attempted at least seventy-two hours before the application, when possible, to the school office or child care facility office with a statement of the pest problem, treatment procedure, area to be treated and approximate time of the application.

2. Emergency applications of a pesticide that has a toxicity category of III or IV pursuant to 40 Code of Federal Regulations section 156.62 to control harmful pests that pose an immediate threat to the public health. Under the circumstances described in this paragraph or paragraph 1 of this subsection, the business licensee or certified applicator shall do all of the following:

(a) Notify the school office or child care facility office before the application with a statement of the pest problem, treatment procedure, area to be treated and approximate time of application.

(b) Immediately after the application has been completed, notify the school office or the child care facility office of the name of the pesticide applied, the formulation, the strength and dosage and the date and time of application and provide the pesticide label.

(c) Post the treated area immediately after the application. The posting shall be at least eight and one-half inches by eleven inches and shall include the name of the pesticide, the registration number issued by the United States environmental protection agency, the date and time of application and the name and telephone number of the business licensee and certified applicator.  A copy of the posting shall also be placed at the main entrance to the school or child care facility.  The posting and the copy of the posting shall remain in place for at least forty-eight hours after the application.

3. Disinfectants or swimming pool chemicals.

4. Block, gel or paste-type bait that is a toxicity category III or IV formulation of insecticide pursuant to 40 Code of Federal Regulations section 156.62 and that is either of the following:

(a) Secured in an enclosed, tamper-resistant bait station and placed in an area that is inaccessible to children.

(b) Applied to a crack or crevice that is inaccessible to children.

5. Block-type bait that is a toxicity level III or IV formulation of rodenticide pursuant to 40 Code of Federal Regulations section 156.62 and that is secured in an enclosed, tamper-resistant bait station placed in an area that is inaccessible to children.

6. Personal repellants.

7. Nonrestricted use sanitizers and deodorizers.
A.R.S. § 3-145 — Arizona Code / Title 3 / Chapter 1 / Article 4 / Section 145
3-145 Mandatory and voluntary certification; sampling procedures; application; expiration; renewal
Status: in_force

3-145. Mandatory and voluntary certification; sampling procedures; application; expiration; renewal

A. A person who establishes, conducts or maintains a laboratory that provides agricultural laboratory services to agencies or departments of this state or its political subdivisions shall apply for a certificate from the state agricultural laboratory as proof that the laboratory so certified is in compliance with rules adopted by the director for the certification of such laboratories. Any other person providing agricultural laboratory services may apply for such a certificate.

B. A person providing guaranteed laboratory analysis information to distributors of commercial feed and whole seeds for consumption by livestock shall be certified under this section.

C. An individual who collects samples for the state agricultural laboratory or for any certified agricultural laboratory shall follow the sampling procedures established by the director.

D. A certified laboratory shall report test results only to the party who provided the original sample and, on request, to the state agricultural laboratory or as required by section 3-2611.01.

E. A person who desires a certificate pursuant to this section shall file with the state agricultural laboratory an application for a certificate accompanied by the application fee.

F. The application shall be on a form prescribed by the assistant director and furnished by the state agricultural laboratory and shall contain:

1. The name and location of the laboratory.

2. The name of the person owning the laboratory and the name of the person supervising the laboratory.

3. A description of the programs, services and functions provided by the laboratory.

4. Such other information as the assistant director deems necessary to carry out the purposes of this section.

G. The assistant director shall issue a certificate to an applicant if the assistant director is satisfied that the applicant has complied with the rules prescribing standards for certified laboratories.

H. A certificate expires one year after the date of issuance and shall be renewed upon payment of the renewal application fee as prescribed in section 3-146 and continued compliance with this article and the applicable rules.
A.R.S. § 3-527 — Arizona Code / Title 3 / Chapter 3 / Article 4.3 / Section 527
3-527 Definitions
Status: in_force

3-527. Definitions

In this article, unless the context otherwise requires:

1. "Council" means the citrus, fruit and vegetable advisory council.

2. "Director" means the director of the Arizona department of agriculture.
A.R.S. § 3-447 — Arizona Code / Title 3 / Chapter 3 / Article 2 / Section 447
3-447 Citrus, fruit and vegetable trust fund; administration
Status: in_force

3-447. Citrus, fruit and vegetable trust fund; administration

A. The citrus, fruit and vegetable trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural programs established by this article and article 4 of this chapter.  The trust fund consists of revenues from assessments and other monies designated for deposit in the trust fund by this article and article 4 of this chapter. The trust fund shall be used solely for the purpose of administering and enforcing this article and article 4 of this chapter.

B. The director shall administer the citrus, fruit and vegetable 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 any trust fund monies deposited 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.

C. The beneficiaries of the trust are the agricultural programs established by this article and article 4 of this chapter.

D. Monies in the citrus, fruit and vegetable trust fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. Surplus monies, including any unexpended and unencumbered balance at the end of the fiscal year, do not revert to the state general fund.

E. The department shall make a detailed accounting on or before November 1 of each year of all monies paid into and disbursed from the citrus, fruit and vegetable trust fund during the preceding fiscal year and transmit the report to the citrus, fruit and vegetable advisory council on or before December 1.

F. Any monies remaining unexpended in the citrus, fruit and vegetable trust fund on June 30 of each year shall be carried forward to the following year, and the associate director shall take that amount into account in computing the assessments for that year.
A.R.S. § 3-2905 — Arizona Code / Title 3 / Chapter 16 / Article 1 / Section 2905
3-2905 Inspections and certification of facilities
Status: in_force

3-2905. Inspections and certification of facilities

A. The department shall establish a schedule of periodic inspections of all licensed facilities to determine and verify compliance with this article and the rules adopted under this article. By applying for and obtaining a license under this article, the licensee is deemed to consent to such periodic inspections. In addition, the director or the director's authorized representative may enter private property at any reasonable time to inspect, obtain factual data and otherwise ascertain compliance with or violations of this article. Inspections shall be on reasonable notice to the owner or manager of the facility unless reasonable grounds exist to believe that such notice would impair the enforcement of this article. If required by law, the director shall obtain a warrant for such unscheduled entry and inspection.

B. On request, and with payment of the prescribed fee, the department shall physically inspect an aquatic animal facility for infectious diseases and causative agents. The inspector shall be approved by the director. If the inspector determines that the facility is free of restrictive infectious diseases and causative agents, the inspector shall issue to the facility a certificate to that effect within ten days after completing the inspection. The certificate is valid for one year from the date of the inspection.

C. On request and without charge the department shall provide a certificate that an aquaculture facility has been inspected and certified free of restrictive diseases and causative agents within the preceding twelve months. Each shipment or lot shall be accompanied by a certificate identifying the shipment. This subsection does not apply to the transportation of live baitfish for personal use that complies with applicable rules of the game and fish commission.
A.R.S. § 3-1428 — Arizona Code / Title 3 / Chapter 11 / Article 8 / Section 1428
3-1428 Action to recover for damage done by livestock which break through lawful fence
Status: in_force

3-1428. Action to recover for damage done by livestock which break through lawful fence

A. The owner or occupant of land enclosed by a lawful fence upon which damage of less than two hundred dollars has been done by livestock which has broken through the fence may bring an action to recover damages before a justice of the peace of the precinct in which the land is located, regardless of the place of residence of the owner of the livestock or the person having charge of the livestock at the time of trespass. If the amount of damage is two hundred dollars or more, the action may be brought in the superior court in the county where the land is located, regardless of the place of residence of the owner of the livestock or of the person having charge of the livestock at the time of the trespass.

B. If the plaintiff has possession of the livestock causing the damage complained of, and recovers judgment, the court shall, in addition to the personal judgment impress a lien on the livestock for the amount of the judgment, and order a sale thereof to discharge the lien.
A.R.S. § 3-2047 — Arizona Code / Title 3 / Chapter 13 / Article 2 / Section 2047
3-2047 Application for state meat inspection service
Status: in_force

3-2047. Application for state meat inspection service

Any slaughtering establishment which wishes to conduct its slaughtering operations under state meat inspection service shall apply to the division for a license to slaughter as provided in section 3-2002. Establishments shall then make written application to the division requesting state meat inspection service. The associate director upon receipt of the application shall request the chief veterinary meat inspector to make an inspection of the premises of the slaughtering establishment making application. If the establishment is found clean and sanitary and meets the requirements of the provisions of this chapter, the associate director shall authorize the granting of state meat inspection service to the applicant. The division shall then assign an official establishment number to the approved slaughtering establishment to be used to mark the meat of the carcass and parts of carcasses which are offered for sale.
A.R.S. § 3-402 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 402
3-402 Policy or purpose
Status: in_force

3-402. Policy or purpose

Marketing agricultural products of this state is in the public interest. The policy and purpose of this article are to promote the general welfare of this state by enabling and encouraging fresh fruit and vegetable producers and shippers to help themselves. This state will benefit by ensuring the availability of high quality fruit and vegetables and in establishing orderly, equitable, efficient and unhampered marketing, grading and standardizing of the commodities as well as providing for research, promotion and educational programs involving fresh fruit and vegetables.
A.R.S. § 3-934 — Arizona Code / Title 3 / Chapter 7 / Article 2 / Section 934
3-934 Injunction; violation; civil penalty
Status: in_force

3-934. Injunction; violation; civil penalty

A. The department's legal counsel, on request of a private party or the director, or the county attorney of the county in which a violation of this chapter or any rule or order issued or adopted under section 3-912 or 3-914 is alleged to have occurred may bring an action in the county requesting the court to enjoin or otherwise restrain the defendant from further violations of this chapter or the rule or order. If the alleged violation occurs through the actions of a state agency, the agency may be made a party defendant.

B. A person who violates an order or injunction issued by a court of competent jurisdiction pursuant to this section, in addition to any other penalty or remedy for contempt of court, shall forfeit and pay to this state a civil penalty of not more than ten thousand dollars for each violation as the court deems just and proper. For purposes of this section, the superior court in the county issuing any order or injunction retains jurisdiction. The attorney general or legal counsel for the department acting in the name of this state may petition for recovery of civil penalties pursuant to this section. All civil penalties assessed pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 3-2125 — Arizona Code / Title 3 / Chapter 13 / Article 4 / Section 2125
3-2125 Labeling of horsemeat; requirements
Status: in_force

3-2125. Labeling of horsemeat; requirements

A. Carcasses of horses slaughtered for human consumption shall be stamped on each standard cut, "horsemeat." All horsemeat food products shall be conspicuously branded, marked, tagged or labeled, "horsemeat" or "horsemeat product."

B. The labels for horsemeat or horsemeat food products shall be printed on light green paper and shall bear the words "horsemeat" or "horsemeat product," followed by, "the horsemeat or horsemeat food product contained herein has been inspected and passed by the state of Arizona."
A.R.S. § 3-314 — Arizona Code / Title 3 / Chapter 2 / Article 4.1 / Section 314
3-314 Industrial hemp licenses; applications; fees; fingerprinting requirements; renewal; revocation
Status: in_force

3-314. Industrial hemp licenses; applications; fees; fingerprinting requirements; renewal; revocation

A. A grower, harvester, transporter or processor shall obtain an industrial hemp license from the department.

B. A grower, harvester, transporter or processor shall apply for a license pursuant to rules and orders adopted by the director.

C. An application for an original or renewal industrial hemp license shall comply with all of the following:

1. Be on a form that is provided by the department.

2. Include complete and accurate information.

3. Be accompanied by the license fee prescribed by the director. The director shall deposit, pursuant to sections 35-146 and 35-147, fees collected under this paragraph in the industrial hemp trust fund established by section 3-315.

D. An applicant shall provide proof to the department of having a valid fingerprint clearance card issued pursuant to section 41-1758.07 for the purpose of validating applicant eligibility.

E. A license issued pursuant to this section is valid for one year, unless revoked, and may be renewed as provided by the department.  Rather than renewing a licensee's license every year, a licensee may renew the licensee's license every two years by paying a license fee that is twice the amount designated by the fee schedule in rule that is adopted by the director and other applicable fees.  Licensees that renew every two years shall comply with any annual reporting requirements.

F. The department may revoke or refuse to issue or renew a license for a violation of any law of this state, any federal law or any rule or order adopted by the director.

G. A member of an Indian tribe may apply for a license pursuant to this section.  If a member of an Indian tribe is issued a license pursuant to this section, the member is subject to the requirements prescribed in this article.
A.R.S. § 3-3123 — Arizona Code / Title 3 / Chapter 17 / Article 1 / Section 3123
3-3123 Testimony of witnesses; compensation; order of superior court to appear
Status: in_force

3-3123. Testimony of witnesses; compensation; order of superior court to appear

The director may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses are entitled to be paid the same fees and mileage paid witnesses in the courts of this state. If any person fails or refuses to obey such an order, the director may apply to the superior court in any county where the person is found, resides or transacts business for an order requiring the person to produce evidence and to give testimony as ordered. The failure to obey such order is contempt of court.
A.R.S. § 3-1307 — Arizona Code / Title 3 / Chapter 11 / Article 4 / Section 1307
3-1307 Unlawfully killing, selling or purchasing livestock of another; classification; civil penalty; exception
Status: in_force

3-1307. Unlawfully killing, selling or purchasing livestock of another; classification; civil penalty; exception

A. A person who knowingly kills or sells livestock of another, the ownership of which is known or unknown, or who knowingly purchases livestock of another, the ownership of which is known or unknown, from a person not having the lawful right to sell or dispose of such animals, is guilty of a class 5 felony.

B. A person who knowingly attempts to take or does take all or any part of a carcass of any such animal, pursuant to subsection A, for such person's own use, the use of others or for sale is guilty of a class 5 felony.

C. In addition to any other penalty imposed by this section, a person depriving the owner of the use of his animal or animals under subsection A or B of this section shall be liable to the owner for damages equal to three times the value of such animal or animals.

D. This section shall not apply to taking up animals under the estray laws.
A.R.S. § 3-468.05 — Arizona Code / Title 3 / Chapter 3 / Article 2.1 / Section 468.05
3-468.05 Failure to pay fee; penalty; hearing; violation; classification
Status: in_force

3-468.05. Failure to pay fee; penalty; hearing; violation; classification

A. A person who is required to pay fees pursuant to section 3-468.04 and who fails to pay the fee within the time required by section 3-468.04 shall be assessed a penalty of ten per cent of the amount of the total fee and two per cent interest per month on the unpaid balance. The penalty and interest shall be paid to the council. The person may request a hearing before the council to dispute or determine the amount of any fee, penalty or interest imposed.

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

C. A person who knowingly fails to pay or remit any monies due or collected as required in this article is guilty of a class 2 misdemeanor.
A.R.S. § 3-3514 — Arizona Code / Title 3 / Chapter 19 / Article 7 / Section 3514
3-3514 Stage I rule effectiveness; enhanced enforcement
Status: in_force

3-3514. Stage I rule effectiveness; enhanced enforcement

The associate director shall adopt rules to:

1. Enhance enforcement of the  division's stage I vapor recovery program. The enforcement shall be enhanced through programs that may include increased frequency of or targeting of inspections, increased sampling frequency, use of portable analyzers or any other technique.

2. Establish standards and fees for required inspections of vapor recovery systems.
A.R.S. § 3-3106 — Arizona Code / Title 3 / Chapter 17 / Article 1 / Section 3106
3-3106 Pesticides
Status: in_force

3-3106. Pesticides

The department shall adopt rules consistent with this section prescribing safe work practices for employees who mix, load, apply, store or otherwise handle pesticides for agricultural uses and for employees who are exposed to residues of these pesticides after application or persons who are incidentally exposed to pesticides when or after they are applied. The rules shall include, but are not limited to, provisions that relate to:

1. Exposure to pilots, mixers, loaders, flaggers and ground and aerial applicators.

2. Employee training and instruction.

3. Emergency medical care.

4. The times and conditions under which employees may work alone with pesticides.

5. Adequate facilities, equipment and water for changing clothes and washing.

6. Necessary safety equipment and its cleaning.

7. Limiting, as necessary, field reentry after pesticide application.
A.R.S. § 3-449 — Arizona Code / Title 3 / Chapter 3 / Article 2 / Section 449
3-449 Annual licensing; fees; application; penalty
Status: in_force

3-449. Annual licensing; fees; application; penalty

A. A person may not transact business as a citrus fruit dealer or shipper without first obtaining a license as provided in this article.  The license expires on August 1 of each year and is renewable annually. The license fee shall be determined according to the annual gross sales based on the dealer's or shipper's previous fiscal year as follows:

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

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

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

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

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

C. The license fees collected by the associate director shall be deposited in the citrus, fruit and vegetable trust fund.

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

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

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

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

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

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

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

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

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

F. An applicant who tenders a renewal application for a license that is received by the associate director after August 15 shall pay a penalty of twenty-five dollars. An applicant who tenders a renewal application for a license that is received after September 1 shall pay a penalty of fifty dollars.  All penalties shall be deposited in the citrus, fruit and vegetable trust fund.
A.R.S. § 3-710 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 710
3-710 Powers and duties; state preemption; egg promotion program
Status: in_force

3-710. Powers and duties; state preemption; egg promotion program

A. The department may acquire and distribute to interested persons useful information relative to preparing for market, handling, purchasing, transporting, storing and marketing eggs and egg products, including demonstrating how to classify eggs and egg products in accordance with the uniform standards and grades prescribed pursuant to this chapter.

B. The department may issue in booklet form copies of this article containing complete descriptive terms as to shell, aircell, white, yolk and germ, and may change definitions of terms and grades as they are made and promulgated by the United States department of agriculture.

C. On request of the United States government, and others, the director may negotiate and sign cooperative agreements to provide inspection and grading services and charge and receive payment for the reasonable cost of such services. The monies received for such services shall be deposited in the state egg inspection trust fund established by section 3-717.

D. When 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 the matter under investigation, their production shall be ordered.

E. A complaint filed with the department charging a noncompliance with or violation of any provision of this article shall be in writing and signed by the complainant.

F. The supervisor and inspectors shall enforce this article in conformity with rules adopted by the director.  The refusal of an officer authorized under this article to carry out the orders and directions of the director in the enforcement of this article or prosecutions under this article is neglect of duty. The director shall make and enforce such rules as the director deems necessary to carry out this article.

G. An inspector may enter and inspect any place or conveyance within this state over which the inspector has supervision where eggs are produced, candled, incubated, stored, packed, delivered for shipment, loaded, shipped, transported or sold, and may inspect all invoices and eggs and the cases and containers of the eggs and equipment found in the places or conveyances, and may take for inspection representative samples of the invoices, eggs and cases or containers for the purpose of determining whether or not any provision of this article has been violated.

H. An inspector, while enforcing this article, may seize and hold as evidence an advertisement, sign, placard, invoice, case or container of eggs or egg products or all or any part of any pack, load, lot consignment or shipment of eggs or egg products packed, stored, delivered for shipment, loaded, shipped, transported or sold in violation of any provisions of this article.

I. The department may prescribe minimum standards for egg processing plants and sanitary standards for processing shell eggs. The department shall establish these standards by rule. Chemicals used in egg processing plants, sanitizers used in egg processing, egg soaps, egg oil and other substances used in processing shell eggs are subject to the approval of the director.

J. The director shall adopt rules for poultry husbandry and the production of eggs sold in this state.  This subsection does not apply to egg producers operating or controlling the operation of an egg ranch that has fewer than twenty thousand egg-laying hens producing eggs.

K. Consistency of poultry husbandry practices for the production of eggs is a statewide matter.  The regulation of poultry husbandry practices related to the production of eggs is not subject to further regulation by a county, city, town or other political subdivision of this state.

L. The director may:

1. Establish an egg promotion program to provide certification, inspection and grading services and may prescribe, by rule, fees for those services. Except as provided in paragraph 3 of this subsection, monies collected from the fees shall be deposited, pursuant to sections 35-146 and 35-147, in the state egg inspection trust fund established by section 3-717.

2. Adopt rules to administer the egg promotion program, including participation guidelines, use requirements for department trademarks and certification marks and other rules the director deems necessary.

3. Conduct inspections to ensure compliance with the trademark and certification mark rules adopted pursuant to this subsection.  The monies collected from fees for an inspection conducted pursuant to this paragraph shall be deposited, pursuant to sections 35-146 and 35-147, in the state egg inspection trust fund established by section 3-717.
A.R.S. § 3-1452 — Arizona Code / Title 3 / Chapter 11 / Article 9 / Section 1452
3-1452 Feed lot operator's license; applications; fees; exemption
Status: in_force

3-1452. Feed lot operator's license; applications; fees; exemption

A. It is unlawful for any person, except as provided in subsection B of this section, to operate a feed lot within the state without having first obtained a license from the division authorizing and permitting such operation.

B. The owner or operator of any beef cattle feed lot having less than five hundred head of beef cattle at any one time may apply for and obtain a license for feed lot operations if he chooses and elects to come under the terms and provisions of this article, but the licensing for operations of less than five hundred head shall not be required.

C. Application for a beef cattle feed lot license shall be filed with the division on a form prescribed and furnished by the department. Upon the filing of such an application and upon payment of the required fees, the division shall issue a beef cattle feed lot license to such applicant, provided the application discloses information assuring the division that the operation of such feed lot will be conducted in accordance with the standards set forth in this article, and with rules adopted by the director.

D. Feed lot licenses shall be issued for the term of one year, to expire on June 30 following the date of issuance. An application for an initial license and for renewal of a license shall be accompanied by a fee in accordance with the following schedule:

1. Under five hundred head of beef cattle, twenty-five dollars.

2. From five hundred to not exceeding three thousand head of beef cattle, fifty dollars.

3. Three thousand one to not exceeding ten thousand head of beef cattle, one hundred dollars.

4. More than ten thousand head of beef cattle, one hundred fifty dollars.

E. If an original feed lot license is to expire within six months after date of issuance, only fifty per cent of the license fee prescribed in this section shall be required.
A.R.S. § 3-205.02 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 205.02
3-205.02 Regulating production of colored cotton; civil penalties
Status: in_force

3-205.02. Regulating production of colored cotton; civil penalties

A. The director may adopt rules to regulate the production of colored cotton. The rules shall include registering producers, production requirements, field separation, cotton appliances used to produce, transport and handle colored cotton and ginning and seed requirements.

B. The director may impose the following sanctions for violating colored cotton rules:

1. A civil penalty assessed against a grower of not more than seven hundred fifty dollars per acre for each planted acre of colored cotton unless the grower voluntarily abates the colored cotton crop before the first bloom.

2. A civil penalty assessed against the owner or operator of a cotton gin of not more than one hundred dollars per bale of colored cotton for violating ginning rules.

3. A civil penalty assessed against the owner or operator of a cotton appliance of not more than five hundred dollars per violation for violating the cotton appliance rules.

4. Suspension or revocation of a grower's colored cotton registration.

C. All civil penalties assessed pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 3-109.04 — Arizona Code / Title 3 / Chapter 1 / Article 1 / Section 109.04
3-109.04 Agriculture and water innovation fund pilot program; fund; grants; requirements; annual report; definitions
Status: in_force

3-109.04. Agriculture and water innovation fund pilot program; fund; grants; requirements; annual report; definitions

(Rpld. 1/1/29)

A. The agriculture and water innovation fund pilot program is established to provide grants and collect data for water-focused innovation in agriculture. The department shall administer the pilot program.

B. The agriculture and water innovation fund is established consisting of legislative appropriations, grants from federal agencies and monies appropriated by any other lawful source. Monies in the fund are continuously appropriated and exempt from the provisions of section 35-190 relating to lapsing of appropriations.  The department shall administer the fund and may use not more than ten percent of the monies in the fund annually for the costs of administering the fund and the agriculture and water innovation fund pilot program.

C. The department may grant monies from the fund to qualified applicants to acquire or contract for implementing innovative technology that improves water use efficiency by improving soil health.

D. As a condition of the grant, the department shall require the qualified applicant to:

1. Certify the installation of the new innovative technology.

2. Report on the individual fields that receive the benefit of the grant monies to demonstrate increased water use efficiency on the affected fields.

E. On or before December 31 of each year, the department shall submit a written report to the president of the senate and the speaker of the house of representatives describing the activities of the department for the preceding fiscal year related to the agriculture and water innovation fund and shall provide a copy of the report to the secretary of state.  The report shall include an accounting of expenditures from the fund and how the monies were used to improve water efficiency and soil health.

F. For the purposes of this section:

1. "Innovative technology" means products or services that improve water use efficiency by improving soil health in agriculture without requiring nonnative soil amendments or improvements to irrigation infrastructure.

2. "Qualified applicant" means either of the following:

(a) An agricultural landowner, beneficial owner of trust land or lessee of agricultural land that has actively farmed the land or committed the land to intentional water conservation in three of the five calendar years immediately preceding the date of the application.

(b) An irrigation district established pursuant to title 48, chapter 19 that applies for the benefit of members of the irrigation district.
A.R.S. § 3-349 — Arizona Code / Title 3 / Chapter 2 / Article 5 / Section 349
3-349 Restrictions upon enforcing officers
Status: in_force

3-349. Restrictions upon enforcing officers

No person charged with the enforcement of any of the provisions of this article shall be directly or indirectly interested in the sale, manufacture or distribution of any pesticide.
A.R.S. § 3-442 — Arizona Code / Title 3 / Chapter 3 / Article 2 / Section 442
3-442 Purpose and scope of article
Status: in_force

3-442. Purpose and scope of article

A. Producing quality citrus fruit in this state is in the public interest. To enhance the potential for domestic and international marketing of citrus fruit from this state, it is the policy and purpose of this article to enable and encourage producers and shippers to develop uniform grades and standards for citrus fruit and to allow inspections of citrus fruit produced or sold in this state. This article is vital to enhance and maintain domestic and international markets for citrus fruit grown in this state by protecting against exporting, importing and selling substandard citrus fruit and by ensuring that inferior produce does not compete with quality citrus fruit produced in this state.

B. All citrus fruit, when being packed or placed in a container, after packing, when delivered for shipment, loaded, shipped, being transported, offered for sale or sold in a container or in bulk, including citrus fruit offered for sale in bulk by the grower to dealers for resale in bulk at retail or otherwise, shall conform to this article and rules adopted pursuant to this article.
A.R.S. § 3-448 — Arizona Code / Title 3 / Chapter 3 / Article 2 / Section 448
3-448 Assessments; procedures; failure to pay; penalty and interest; hearing; definition
Status: in_force

3-448. Assessments; procedures; failure to pay; penalty and interest; hearing; definition

A. In order to provide the necessary monies to enforce this article and article 4 of this chapter, the associate director shall assess a charge against each shipper in an amount of not more than one and one-fourth cents per standard carton, or the equivalent weight, of each kind of fruit and vegetable, including citrus, that is shipped and regulated under this article and article 4 of this chapter. For bulk shipments of citrus used for by-products with destinations both inside and outside this state, a charge is assessed of not more than two dollars for each lot.

B. All monies collected from the assessments under this section shall be deposited in the citrus, fruit and vegetable trust fund.

C. The associate director, pursuant to section 3-527.02, shall set the amount of the charges under this section annually with the approval of the director, but not in amounts greater than necessary to provide revenues to defray all of the proper expenses of carrying out this article and article 4 of this chapter. The associate director may establish assessments for each commodity based on the time that is necessary to inspect the commodity.

D. Before the associate director may set or the director may approve an increase in the assessment, the associate director shall provide thirty days' advance notice of a public hearing and the amount of the proposed assessment to all shippers that are licensed under sections 3-449 and 3-492 and to any other interested party.  The associate director shall receive testimony at the hearing regarding the proposed increase in the assessment. Title 41, chapter 6 does not apply to setting or collecting assessments under this section.

E. The associate director shall compute the amount of assessments within the limits of this section and may bill the assessments twice monthly. Each shipper shall pay the charges to the associate director within sixty days after the billing date.

F. A shipper that fails to pay the required assessment within sixty days after the billing date is subject to a penalty of ten percent of the amount of the total assessment plus interest at a rate of two percent per month on the unpaid balance.

G. A shipper may request a hearing before the associate director to protest the amount of assessment, penalty or interest imposed.  If requested, the associate director shall hold the hearing. After the hearing the associate director shall enter an order determining the amount of the fee, penalty and interest. The shipper shall pay that amount within ten days after notice of the associate director's determination unless the decision is appealed to the director.  The shipper may appeal the decision of the associate director to the director. If the  associate director's decision is appealed, the director shall review the record of the hearing and affirm, modify or reverse the associate director's decision.

H. For the purposes of this section, in addition to the definition of shipper in section 3-441, "shipper" also includes shipper as defined in section 3-481.
A.R.S. § 3-3414 — Arizona Code / Title 3 / Chapter 19 / Article 2 / Section 3414
3-3414 Powers and duties; definition
Status: in_force

3-3414. Powers and duties; definition

A. The division shall:

1. Maintain custody of the state reference standards of weights and measures that are traceable to the United States prototype standards and that are supplied to the states by the federal government or that are otherwise approved as being satisfactory by the national institute of standards and technology.

2. Keep the state reference standards in a safe and suitable place in the metrology laboratory of the division and ensure that they are not removed from the laboratory except for repairs or for calibration as may be prescribed by the national institute of standards and technology.

3. Keep accurate records of all standards and equipment.

4. Adopt any rules necessary to carry out this chapter and adopt reasonable rules for the enforcement of this chapter.  These rules have the force and effect of law and shall be adopted pursuant to title 41, chapter 6. In adopting these rules, the associate director shall consider, as far as is practicable, the requirements established by other states and by authority of the United States, except that rules shall not be made in conflict with this chapter.

5. Publish rules adopted pursuant to this chapter and issue appropriate copies at no cost to all new applicants for licensure and certification. Updated copies of the rules shall be distributed, on request, at no cost to the public.

6. Investigate complaints made to the division concerning violations of this chapter and, on its own initiative, conduct investigations it deems appropriate to develop information relating to prevailing procedures in commercial quantity determination and relating to possible violations of this chapter, in order to educate the public and regulated persons to encourage and promote the general objective of accuracy in the determination and representation of quantity in commercial transactions.

7. Establish labeling standards, establish standards of weight, measure or count and establish reasonable standards of fill for any packaged commodity, and may establish standards for open dating information.

8. Grant, pursuant to this chapter, exemptions from the licensing provisions of this chapter for weighing and measuring instruments, standards or devices when the ownership or use of the instrument or device is limited to federal, state or local government agencies in the performance of official functions. On request, the division may conduct inspections of instruments, standards or devices and shall charge a fee pursuant to section 3-3452.

9. Delegate to appropriate personnel any of the responsibilities of the associate director for the proper administration of this chapter.

10. Inspect and test weights and measures that are kept, offered or exposed for sale.

11. Inspect and test, to ascertain if they are correct, weights and measures that are commercially used either:

(a) In determining the weight, measure or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure or count.

(b) In computing the basic charge or payment for services rendered on the basis of weight, measure or count.

12. Test, at random, commodities, weights and measures that are used in public institutions for which monies are appropriated by the legislature. The testing of commodities, weights and measures in public institutions includes items:

(a) That have historically been of short weight, measure or count.

(b) That have been found to be of short weight, measure or count by other jurisdictions.

(c) That are to be tested as part of a regional or national survey.

13. Test, approve for use and affix a seal of approval for use on all weights, measures and commercial devices that are manufactured in or brought into this state as it finds to be correct and shall reject and mark as rejected weights, measures and devices that it finds to be incorrect. Weights, measures and devices that have been rejected may be seized by the division if not corrected within the time specified or if used or disposed of in a manner not specifically authorized.  The division shall condemn and may seize weights, measures and devices that are found to be incorrect and that are not capable of being made correct. The division may affix a nontampering seal to commercial devices that are tested and found to be within applicable tolerance.

14. Sample and test motor fuel that is stored, sold or exposed or offered for sale or that is stored for use by a fleet owner to determine whether the motor fuel meets the standards for motor fuel set forth in section 3-3433 and article 6 of this chapter and in any rule adopted by the associate director pursuant to this chapter.

15. Randomly witness tests on all mandated vapor recovery systems that are installed or operated in this state and, if the systems are determined to be in compliance with the law, approve those systems for use and reject, mark as rejected and stop the use of those systems that are determined not to be in compliance with the law.

16. Inspect facilities at which motor fuel is stored, sold or exposed or offered for sale to determine whether dispensing devices are properly labeled.

17. Publish and distribute to consumers and regulated persons weighing and measuring information.

18. Weigh, measure or inspect commodities that are kept, offered or exposed for sale, sold or in the process of delivery to determine whether they contain the amounts represented and whether they are kept, offered or exposed for sale in accordance with this chapter or rules adopted pursuant to this chapter. In carrying out this section, the associate director shall employ recognized sampling procedures, such as are designated in appropriate national institute of standards and technology handbooks and supplements to those handbooks, except as modified or rejected by rule.

19. Allow reasonable variations from the stated quantity of contents only after a commodity has entered intrastate commerce. These variations shall include those caused by loss or gain of moisture during the course of good distribution practice or by unavoidable deviations in good manufacturing practice.

20. Prescribe the standards of weight and measure and additional equipment methods of test and inspection to be employed in the enforcement of this chapter. The associate director may prescribe or provide the official test and inspection forms to be used in the enforcement of this chapter.

21. Apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating this chapter.

22. Subject to title 41, chapter 4, article 4, employ such personnel as needed to assist in administering this chapter.

23. Ensure that any information that is required to be filed with the division, that relates to the contents of motor fuels that are sold in this state and that is a trade secret as defined in section 49-201 is not disclosed.

24. Establish by rule labeling standards for tanks and containers of motor fuels.

B. The associate director may provide for the periodic examination and inspection of metering devices, including devices used to measure usage of electricity, natural gas or water by a consumer. Examination and inspection authority shall not apply to metering devices owned by federal, state or local government agencies unless requested by the government agency that owns the metering devices.

C. The associate director may establish standards for the presentation of cost-per-unit information. This subsection does not mandate the use of cost-per-unit information in connection with the sale of any standard packed commodity.

D. The associate director, when necessary to carry out this chapter, may adopt and enforce rules relating to quality standards for motor fuel, kerosene, oil, except used oil fuel, and hazardous waste fuel, lubricating oils, lubricants, antifreeze and other liquid or gaseous fuels. The associate director shall adopt rules to ensure that oxygenated fuels, as described in article 6 of this chapter, that are stored, used, sold or exposed or offered for use or sale are blended and stored, sold, exposed or offered in such a manner as to ensure that the oxygenated fuels are properly blended, that they meet the standards set forth in section 3-3433 and article 6 of this chapter, and in rules adopted pursuant to this chapter, and that dispensers at which the oxygenated fuels are dispensed are labeled as defined by rule of the division in such a manner as to notify persons of the type of oxygenated fuel being dispensed and the maximum percentage of oxygenate by volume contained in the oxygenated fuel. The associate director of the division shall consult with the director of the department of environmental quality in adopting rules pursuant to this subsection.

E. Testing and inspection conducted pursuant to this chapter shall be done, to the extent practicable, without prior notice, by a random systematic method determined by the associate director or in response to a complaint by the public. The testing and inspection may be done by private persons and firms pursuant to contracts entered into by the associate director in accordance with title 41, chapter 23 or by a registered service agency or registered service representative licensed pursuant to section 3-3454. The associate director shall establish qualifications of persons and firms for selection for purposes of this subsection.  The persons or firms conducting the testing and inspection shall immediately report to the division any violations of this chapter and incorrect weights, measures, devices, vapor recovery systems or vapor recovery components for investigation and enforcement by the division. A person or firm that tests or inspects a weight, measure, device, vapor recovery system or vapor recovery component that is rejected shall not correct the defect causing the rejection without the permission of the division.

F. During the course of an investigation or an enforcement action by the division, information regarding the complainant is confidential and is exempt from title 39, chapter 1, unless the complainant authorizes the information to be public.

G. For the purposes of the labeling requirements prescribed in this section, "oxygenated fuel" means a motor fuel blend containing 1.5 percent or more by weight of oxygen.
A.R.S. § 3-148 — Arizona Code / Title 3 / Chapter 1 / Article 4 / Section 148
3-148 Grounds for denial, suspension or revocation of a certificate; review and appeal
Status: in_force

3-148. Grounds for denial, suspension or revocation of a certificate; review and appeal

A. The assistant director may refuse to grant or renew a certificate or may suspend or revoke a certificate if the assistant director has reasonable grounds to believe that the applicant or registrant is not in compliance with adopted rules relating to the certification of laboratories pursuant to this article. The assistant director shall notify an applicant of the reasons for the action.

B. The director shall review the assistant director's action on request of any person adversely affected by the action, and the director’s decision is subject to appeal pursuant to title 41, chapter 6, article 10.
A.R.S. § 3-2048 — Arizona Code / Title 3 / Chapter 13 / Article 2 / Section 2048
3-2048 Inspection of slaughtering establishments without state meat inspection service
Status: in_force

3-2048. Inspection of slaughtering establishments without state meat inspection service

The chief veterinary meat inspector or his deputies are authorized to inspect the premises of all other slaughtering establishments operating without state meat inspection service at any time during their slaughtering operations. At least two inspections shall be made each year and additional inspections may be made if it is deemed necessary. If any slaughtering establishment is found to be unsanitary or conducting its slaughtering operations in an unsanitary or unwholesome manner so as to endanger the public health, or slaughtering animals unfit for human consumption, the associate director may suspend or revoke the license to slaughter as provided in section 3-1206. This section shall not in any way alter the powers of the department of health services in connection with slaughtering establishments.
A.R.S. § 3-107 — Arizona Code / Title 3 / Chapter 1 / Article 1 / Section 107
3-107 Organizational and administrative powers and duties of the director
Status: in_force

3-107. Organizational and administrative powers and duties of the director

A. The director shall:

1. Formulate the program and policies of the department and adopt administrative rules to effect its program and policies.

2. Ensure coordination and cooperation in the department in order to achieve a unified policy of administering and executing its responsibilities.

3. Subject to section 35-149, accept, expend and account for gifts, grants, devises and other contributions of money or property from any public or private source, including the federal government.  All contributions shall be included in the annual report under paragraph 6 of this subsection.  Monies received under this paragraph shall be deposited, pursuant to sections 35-146 and 35-147, in special funds for the purpose specified, which are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

4. Contract and enter into interagency and intergovernmental agreements pursuant to title 11, chapter 7, article 3 with any private party or public agency.

5. Administer oaths to witnesses and issue and direct the service of subpoenas requiring witnesses to attend and testify at or requiring the production of evidence in hearings, investigations and other proceedings.

6. Not later than September 30 each year, issue a report to the governor and the legislature of the department's activities during the preceding fiscal year.  The report may recommend statutory changes to improve the department's ability to achieve the purposes and policies established by law.  The director shall provide a copy of the report to the Arizona state library, archives and public records.

7. Establish, equip and maintain a central office in Phoenix and field offices as the director deems necessary.

8. Sign all vouchers to expend money under this title, which shall be paid as other claims against this state out of the appropriations to the department.

9. Coordinate agricultural education efforts to foster an understanding of Arizona agriculture and to promote a more efficient cooperation and understanding among agricultural educators, producers, dealers, buyers, mass media and the consuming public to stimulate the production, consumption and marketing of Arizona agricultural products.

10. Employ staff subject to title 41, chapter 4, article 4 and terminate employment for cause as provided by title 41, chapter 4, article 5.

11. Conduct hearings on appeals by producers regarding the assessed actual costs of the plow up and the penalty of one hundred fifty per cent for unpaid costs pursuant to section 3-204.01. The director may adopt rules to implement this paragraph.

12. Cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the department's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona-Mexico region.

B. The director may:

1. Authorize in writing any qualified officer or employee in the department to perform any act that the director is authorized or required to do by law.

2. Construct and operate border inspection stations or other necessary facilities in this state and cooperate by joint agreement with an adjoining state in constructing and operating border inspection stations or other facilities within the boundaries of this state or of the adjoining state.

3. Cooperate with agencies of the United States and other states and other agencies of this state and enter into agreements in developing and administering state and federal agricultural programs regarding the use of department officers, inspectors or other resources in this state, in other states or in other countries.

4. Cooperate with the office of tourism in distributing Arizona tourist information.

5. Enter into compliance agreements with any person, state or regulatory agency. For the purposes of this paragraph, "compliance agreement" means any written agreement or permit between a person and the department for the purpose of enforcing the department's requirements.

6. Abate, suppress, control, regulate, seize, quarantine or destroy any agricultural product or foodstuff that is adulterated or contaminated as the result of an accident at a commercial nuclear generating station as defined in section 26-301, paragraph 1. A person owning an agricultural product or foodstuff that has been subject to this paragraph may request a hearing pursuant to title 41, chapter 6, article 10.

7. Engage in joint venture activities with businesses and commodity groups that are specifically designed to further the mission of the department, that comply with the constitution and laws of the United States and that do not compete with private enterprise.

8. Sell, exchange or otherwise dispose of personal property labeled with the "Arizona grown" trademark. Revenues received pursuant to this paragraph shall be credited to the commodity promotion fund established by section 3-109.02.
A.R.S. § 3-2665 — Arizona Code / Title 3 / Chapter 15 / Article 3 / Section 2665
3-2665 Application for permit; fee
Status: in_force

3-2665. Application for permit; fee

Any person desiring to obtain a permit to feed garbage to swine shall make written application to the associate director in accordance with the requirements prescribed by the director. At the time of filing the application the applicant shall pay to the department a permit fee in the sum of five dollars. All money derived from fees shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 3-144 — Arizona Code / Title 3 / Chapter 1 / Article 4 / Section 144
3-144 State agricultural laboratory; maintenance and purpose; fees
Status: in_force

3-144. State agricultural laboratory; maintenance and purpose; fees

A. The state agricultural laboratory is established and maintained to carry out this article and for laboratory examinations, diagnosis, analysis, testing, quantifying and identification necessary to perform the functions and duties prescribed by this article.

B. The state agricultural laboratory:

1. May accept samples from any person for regulatory, diagnostic and research purposes.

2. Shall report test results only to the party that provided the original sample.

C. The state agricultural laboratory may collect fees for laboratory services as prescribed by the director.
A.R.S. § 3-727 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 727
3-727 Refrigeration of eggs and egg products
Status: in_force

3-727. Refrigeration of eggs and egg products

A. Dealers, manufacturers and retailers shall keep shell eggs for human consumption under refrigeration at an ambient temperature not higher than forty-five degrees Fahrenheit.

B. Dealers, manufacturers and retailers shall keep frozen egg products for human consumption under refrigeration at a temperature not higher than zero degrees Fahrenheit.
A.R.S. § 3-3604 — Arizona Code / Title 3 / Chapter 20 / Article 1 / Section 3604
3-3604 Pest management trust fund
Status: in_force

3-3604. Pest management trust fund

A. The pest management trust fund is established for the exclusive purpose of implementing, continuing and supporting the division and its objectives as established by this chapter.

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

C. The beneficiaries of the trust are the division programs established by this chapter.  Monies in the trust fund shall be disbursed as approved by the director exclusively for the purposes prescribed in this chapter.

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

E. If the division is terminated, any monies in the trust fund shall be expended to meet existing legal obligations of the division.  The director shall expend any remaining monies on any program consistent with this chapter.
A.R.S. § 3-670 — Arizona Code / Title 3 / Chapter 4 / Article 3 / Section 670
3-670 Violation; classification; injunctive relief and penalty for contempt
Status: in_force

3-670. Violation; classification; injunctive relief and penalty for contempt

A. Any person violating any provisions of this article or any rule or order adopted in accordance with its provisions is guilty of a class 3 misdemeanor.

B. Upon the failure or refusal of a person to comply with the provisions of this article or any rule or order adopted in accordance with its provisions, the director may file an action in the superior court to restrain and enjoin the person from engaging in further acts violating the provisions of this article or any rule or order. The court shall proceed as in other actions for injunctions. A person found to be in contempt of an injunctive order of the court is guilty of a class 3 misdemeanor. Each day shall constitute a separate contempt.
A.R.S. § 3-1773 — Arizona Code / Title 3 / Chapter 12 / Article 4 / Section 1773
3-1773 Brucellosis test and vaccinations
Status: in_force

3-1773. Brucellosis test and vaccinations

A. Female dairy and beef calves may be officially vaccinated at the age prescribed and as directed by the director.

B. All dairy herds of cattle and goats shall be tested for brucellosis at intervals as prescribed by the director.

C. The testing as provided for in subsection B shall be made at the expense of the owner of the stock to the extent of the ordinary labor involved in the testing of the cattle. The remainder of expense for veterinary and laboratory services performed by state or federal agencies shall be the obligation of the state or federal government as funds are made available.
A.R.S. § 3-1011 — Arizona Code / Title 3 / Chapter 8 / Article 1 / Section 1011
3-1011 Validity of bonds
Status: in_force

3-1011. Validity of bonds

A. Bonds issued under this article and bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to be officers of the Arizona exposition and state fair board.

B. The validity of the bonds shall not be dependent on or affected by the validity or regularity of any proceedings relating to the construction, acquisition, improvement, reconstruction or extension of the facilities of the coliseum and exposition center financed by the bonds or taken in connection therewith.
A.R.S. § 3-350.01 — Arizona Code / Title 3 / Chapter 2 / Article 5 / Section 350.01
3-350.01 Experimental use permits
Status: in_force

3-350.01. Experimental use permits

The division may issue an experimental use permit to any public or private research agency or educational institution for the purpose of experimentation. All experimental use permits shall contain provisions for the review and monitoring of the use allowed by the permit under rules of the department.
A.R.S. § 3-430 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 430
3-430 Transfer of property on termination
Status: in_force

3-430. Transfer of property on termination

All property, except monies, of a terminated commission or committee shall be transferred to the department.  The department may use or convey the property for the benefit of another commission or committee or may dispose of the property at the director's discretion.
A.R.S. § 3-738 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 738
3-738 Appeal inspections
Status: in_force

3-738. Appeal inspections

A. A person who is dissatisfied with the quality, grade, weight or condition assignment made by an inspector on a lot of shell eggs or egg products, which is evidenced by an egg inspection certificate, or with an inspector's decision relating to the sale of shell eggs or egg products may request an appeal inspection or a review of a decision.

B. A request for an appeal inspection or review of a decision shall be made in writing to the supervisor and shall clearly state the reason for requesting the inspection or review. An oral request may be made if a written request immediately follows the oral request.

C. The supervisor may refuse an appeal inspection or a review of a decision if:

1. It appears that the reasons given for the request are frivolous or are not substantial.

2. The product has been moved from the place of the original inspection.

3. The request is made more than forty-eight hours after the original inspection was made.

4. The product has not been maintained under proper temperature.

5. The original lot size has changed, been tampered with or altered in any way.

D. Appeal inspections shall be performed by an inspector other than the inspector that originally inspected the product. Whenever practical, an appeal inspection shall be conducted jointly by two inspectors. Samples for the appeal inspection shall consist of the samples originally inspected plus an equal number of new samples.

E. Immediately after an appeal inspection is completed, an appeal certificate shall be prepared to show that the original inspection was sustained or was not sustained. This certificate supersedes any previously issued certificate for the product inspected and shall clearly identify the number and date of the superseded certificate. If the appeal request was made orally, the appeal certificate shall be withheld until the written request is received.
A.R.S. § 3-113 — Arizona Code / Title 3 / Chapter 1 / Article 2 / Section 113
3-113 Action for false claims against perishable agricultural food product; limitation; definitions
Status: in_force

3-113. Action for false claims against perishable agricultural food product; limitation; definitions

A. A producer, shipper, or an association that represents producers or shippers, of perishable agricultural food products that suffers damages as a result of malicious public dissemination of false information that the food product is not safe for human consumption may bring an action for damages and for any other appropriate relief, including compensatory and punitive damages, in a court of competent jurisdiction.

B. A person who intentionally disseminates false information to the public that a perishable agricultural food product is not safe for human consumption for the purpose of harming a producer or shipper is liable for damages determined under subsection A.

C. In any action brought under this section the court may award the successful party court costs and reasonable attorney fees.

D. An action under this section shall be commenced within two years after the false information is disseminated.

E. For purposes of this section:

1. "False information" means information that is not based on reliable scientific facts and reliable scientific data and that the disseminator knows or should have known to be false.

2. "Perishable agricultural food product" means any agricultural or aquacultural food product or commodity that is grown or produced in this state and that is sold or distributed in a form that will perish or decay within a reasonable period of time.

3. "Producer" means the person who grows or produces perishable agricultural food products.

4. "Shipper" means a person who ships, transports, sells or markets perishable agricultural food products under the person's registered trademark or label or a person who first markets the perishable agricultural food product on behalf of the producer.
A.R.S. § 3-2050 — Arizona Code / Title 3 / Chapter 13 / Article 2 / Section 2050
3-2050 Requirements for exempt processors
Status: in_force

3-2050. Requirements for exempt processors

All exempt processors shall be licensed by the division pursuant to section 3-2003 and shall operate in a clean and sanitary condition during all periods of operation. The following are the minimum requirements for such establishments:

1. Each establishment shall have sanitary floors impervious to water.

2. All outside windows and doors shall be screened adequately and effectively.

3. There shall be an adequate supply of potable water and it shall conform with the minimum requirements of the department of health services.

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

5. The establishment shall be kept in a sanitary condition during all periods of slaughter.
A.R.S. § 3-2051 — Arizona Code / Title 3 / Chapter 13 / Article 2 / Section 2051
3-2051 Requirements for slaughtering establishments with state meat inspection service
Status: in_force

3-2051. Requirements for slaughtering establishments with state meat inspection service

A. All slaughtering establishments licensed by this state to slaughter cattle, sheep, swine, goats, horses, mules or other equines and which operate under state meat inspection service shall be kept in a clean and sanitary condition during all periods of operation. The following are the minimum requirements for such slaughtering establishments:

1. There shall be ample potable hot and cold water with adequate facilities for its distribution in the plant and it shall conform with the minimum requirements of the department of health services. The hot water shall be not less than one hundred eighty degrees Fahrenheit and shall be furnished and used for the cleaning of inspection equipment and other equipment, floors and walls.

2. There shall be an efficient drainage and plumbing system for the plant and there shall be an adequate sewage disposal system of such a type as not to be a breeding place for flies and not to constitute a hazard or to endanger public health. Both systems shall conform with the minimum requirements of the department of health services.

3. The floors, walls, ceilings, partitions, posts, doors and other parts of all structures shall be of such materials, construction and finish as will make them susceptible of being readily and thoroughly cleaned. The floors shall be tile, cement or a type to be impervious to water and shall have adequate drainage.

4. All outside windows and doors shall be adequately and effectively screened.

5. There shall be adequate lighting, natural or artificial, of good quality and well-distributed and sufficient ventilation for all rooms to insure sanitary conditions.

6. The slaughtering establishment shall be kept free from flies, rats, mice and other vermin. Dogs and cats shall be excluded from the plants.

7. There shall be provided tables, benches and other equipment on which inspection is performed so as to enable inspectors to conduct their inspection in an efficient, clean manner. Racks, receptacles, paunch trucks or other suitable devices for retaining such parts as the head, tongue, tail, thymus gland and viscera to enable the inspectors to properly conduct a postmortem examination shall also be provided.

8. Each slaughtering establishment shall have sufficient numbers of beef shrouds so that they may be laundered and cleaned between each use.

9. Each slaughtering establishment shall have a bleeding rail and hoist of such a construction that there will result proper bleeding after slaughter.

10. Each slaughtering establishment shall provide toilets, wash basins, towels, hot and cold running water and soap for their employees with separate facilities when both sexes are employed. Toilets and wash basins shall be kept in a sanitary condition. The rooms in which the toilet facilities are located shall be properly ventilated and shall be separated from the rooms in which animals are slaughtered and meat or meat food products are prepared.

11. Slaughtering establishments shall meet the requirements prescribed by this section and in addition shall comply with the building requirements of the federal meat inspection service.

B. All slaughtering establishments engaged in the sale of meat for human consumption shall be under the inspection service of either this state or the federal government.
A.R.S. § 3-2095 — Arizona Code / Title 3 / Chapter 13 / Article 3 / Section 2095
3-2095 Investigation of violations
Status: in_force

3-2095. Investigation of violations

A. The division may conduct investigations as deemed necessary to determine whether any person has violated any provision of or rule issued under this chapter.

B. Any person may request a hearing pursuant to title 41, chapter 6, article 10 on a notice of violation of this chapter or any rule adopted under this chapter.
A.R.S. § 3-715 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 715
3-715 Sales of nest run eggs; unlawful designations
Status: in_force

3-715. Sales of nest run eggs; unlawful designations

A. It is unlawful to sell to retailers or consumers nest run eggs, except that a person may sell to retailers or consumers twenty-five cases of nest run eggs from the person’s own production each calendar year.  Retailers may sell nest run eggs to consumers only if, when on hand, offered for sale or placed on sale, they are clearly marked  "nest run".  Each placard for cases, half-cases, cartons or containers of nest run eggs and all advertising, invoices and egg purchase tickets relating to nest run eggs shall likewise be clearly marked "nest run" as prescribed in this article. The total quantity of nest run eggs on hand or on sale at any time shall not exceed the total quantity of nest run eggs as shown on invoices or egg purchase tickets. Any person who sells nest run eggs shall keep an invoice or egg purchase ticket as prescribed in section 3-718.

B.  A person who proposes to sell nest run eggs must first notify the department in writing of that intent and specify the location and the number of laying hens, the place of production and the general area of this state in which the nest run eggs are to be sold.

C. It is unlawful for any person selling any portion of a daily production as graded eggs to sell any other portion as nest run eggs, except that any person may change the sales from graded to nest run by notifying the department in writing prior to such change.

D. It is unlawful for any person selling any portion of a daily production as nest run eggs to sell any other portion as graded eggs, except that any person may change the sales from nest run eggs to graded eggs by notifying the department in writing within five days from the date of change.

E. Any person selling nest run eggs as provided in this section shall notify the department in writing within five days from the date each calendar year the person’s total sales of such eggs amount to twenty-five cases.

F. The department shall keep a record of all notifications made under this section.

G. It is unlawful to sell or represent as chicken eggs, eggs from any other species of fowl, or mixed eggs from more than one species of fowl, or eggs from ducks, turkeys, geese or any species of fowl other than chickens without marking the cases, half-cases, containers and subcontainers of such eggs and indicating fully by sign or placard for bulk lots the species of fowl from which such eggs were produced.

H. It is unlawful to place on open display in retail stores cases with markings or any designation of brand, size, grade or other matter that does not properly and accurately apply to the eggs placed or packed therein unless all of such markings have been removed, erased or obliterated.

I. It is unlawful to prepare, pack, place, deliver for shipment, deliver for sale, load, ship or transport or sell in cases, cartons, containers or subcontainers eggs for human consumption:

1. Unless each case, carton, container or subcontainer of chicken eggs is marked with the full, correct and unabbreviated designation of size and grade of the eggs therein according to the standards as prescribed pursuant to this chapter, together with the name of the producer, dealer, retailer or agent by or for whom the eggs were graded or marked.

2. Unless cases, cartons, containers or subcontainers of chicken eggs marked grade AA or grade A are marked with the correct expiration date.

3. That are mislabeled.

4. That are deceptive.

5. That are or contain inedibles.

6. That have been in an incubator, unless the inedibles have been removed and the cases have been labeled as a hatchery test.

J. The owner or person in possession of eggs that fail to meet the requirements of subsection I, paragraphs 3 and 5 of this section, when such eggs are in cold storage or are being transported from cold storage and in possession of a dealer for candling and grading, shall not be prosecuted by reason of failure of the eggs to conform to such provisions.  The eggs shall be subject to section 3-730, subsections B, C and D.  The owner or person in possession of eggs that are going to a licensed person for candling or grading shall not be prosecuted for failing to meet the requirements of subsection I, paragraph 5 of this section, if the eggs do not contain more than five per cent by count of inedibles.

K. It is unlawful for retailers, producers, producer-dealers and dealers to sell or expose for sale eggs that are marked grade AA or grade A after the expiration date marked on the carton, case or container expires.
A.R.S. § 3-1261 — Arizona Code / Title 3 / Chapter 11 / Article 3 / Section 1261
3-1261 Adoption and recording of brand and earmark; brand as property right; sale or transfer
Status: in_force

3-1261. Adoption and recording of brand and earmark; brand as property right; sale or transfer

A. Every person owning range livestock in this state shall adopt and record a brand with the division with which to brand such livestock. Branding shall be performed by a hot iron, freezing, acid or any other method that will result in a permanent mark. Any person owning range livestock may also record an earmark with which to mark such livestock as long as the earmark is not recorded for use by neighboring range livestock owners. Sheep shall be marked distinctly with a mark or device sufficient to distinguish them. Every owner of other animals may adopt a brand or earmark with which to brand or earmark such animals.

B. No two brands of the same design or figure shall be adopted or recorded, but the associate director, in the associate director's discretion, may reject and refuse to record a brand or mark similar to or conflicting with a previously adopted and recorded brand or mark.  A brand of the same design or figure that was issued without protest on or before August 2, 2017 may be rerecorded.

C. Before a new brand is recorded, it shall be advertised in some newspaper, journal or bulletin, published in the state, at least once, and if no objection to the brand is filed in writing, it shall be recorded as provided in this article.

D. The brand adopted and recorded is the property of the person adopting and recording it, and the right to use it may be sold, leased or transferred.

E. A sale or transfer of the brand is not valid except by a bill of sale that is duly signed and acknowledged as deeds for conveyance of real estate are acknowledged and that is recorded with the division.

F. The owner of the recorded brand shall sign the lease of the brand and file a copy of the lease with the division.

G. It is unlawful to apply a recorded brand in any location on an animal except as specified on the brand registration certificate. The application of a brand in any other location is the equivalent of the use of an unrecorded brand.

H. The division shall make recorded brands available to feedlots that are licensed in this state to identify livestock while in the feedlot for feeding purposes. The division shall issue the brand on request by the feedlot without charge, in a timely manner and with a minimum of administrative requirements. Brands issued under this subsection are not registered brands and are not prima facie evidence of ownership outside the feedlot.
A.R.S. § 3-205.01 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 205.01
3-205.01 Summary abatement of noxious weeds, crop pests or diseases under preapproved programs
Status: in_force

3-205.01. Summary abatement of noxious weeds, crop pests or diseases under preapproved programs

The director may treat, spray, control, suppress or eradicate noxious weeds, crop pests or diseases through a countywide, area-wide or statewide program or programs that have been approved or authorized by the department. If such countywide, area-wide or statewide program or programs affect cotton, the program or programs must also be approved by the cotton research and protection council. The director may take whatever actions that are necessary to assist, support or enforce such programs including entering any fields to treat, spray, control, suppress or eradicate noxious weeds, crop pests or diseases under these authorized or approved programs.
A.R.S. § 3-2097 — Arizona Code / Title 3 / Chapter 13 / Article 3 / Section 2097
3-2097 Prosecution of violations
Status: in_force

3-2097. Prosecution of violations

The attorney general or the county attorney of the county in which the violation occurs may prosecute any violation reported pursuant to this chapter. The city attorney may prosecute misdemeanor violations of this chapter in the city where the violation occurred.
A.R.S. § 3-2158 — Arizona Code / Title 3 / Chapter 13 / Article 5 / Section 2158
3-2158 Articles not intended for human food; requirements for and regulation of intrastate commerce in dead, dying, disabled or diseased poultry; registration
Status: in_force

3-2158. Articles not intended for human food; requirements for and regulation of intrastate commerce in dead, dying, disabled or diseased poultry; registration

A. Inspection shall not be provided at any establishment for the slaughter of poultry or the processing of any carcasses or parts or products of poultry which are not intended for use as human food, but such articles shall, prior to their offer for sale or transportation in intrastate commerce, unless naturally inedible by humans, be denatured or otherwise identified as prescribed by rules of the director to deter their use for human food. No person shall buy, sell, transport or offer for sale or transportation or receive for transportation in intrastate commerce any poultry carcasses or parts or products thereof which are not intended for use as human food unless they are denatured or otherwise identified as required by the rules of the director or are naturally inedible by humans.

B. The following classes of persons shall, for such period of time as the director may by rules prescribe, but not to exceed two years unless otherwise directed by the director for good cause shown, keep such records as are properly necessary for the effective enforcement of this article in order to insure against adulterated or misbranded poultry products for the consumer and all persons subject to such requirements shall at all reasonable times, upon notice by a duly authorized representative of the department, afford such representative access to their places of business and opportunity to examine the facilities, and inventory thereof, and to take reasonable samples of their inventory upon payment of the fair market value therefor:

1. Class 1. Any person that engages in the business of slaughtering any poultry or processing, freezing, packaging or labeling any carcasses or parts or products of carcasses of any poultry for intrastate commerce for use as human food or animal food.

2. Class 2. Any person that engages in the business of buying or selling as poultry products brokers, wholesalers or otherwise or transporting in intrastate commerce or storing in or for intrastate commerce any carcasses, or parts or products of carcasses, of any poultry.

3. Class 3. Any person that engages in business in or for intrastate commerce as a renderer, or engages in the business of buying, selling or transporting in intrastate commerce any dead, dying, disabled or diseased poultry or parts of the carcasses of any poultry that died otherwise than by slaughter.

C. No person shall engage in business in or for intrastate commerce as a poultry products broker, renderer or animal food manufacturer, or engage in business in intrastate commerce as a wholesaler of any carcasses, or parts or products of the carcasses, of any poultry, whether intended for human food or other purposes, or engage in business as a public warehouseman storing any such articles in or for intrastate commerce, or engage in the business of buying, selling or transporting in intrastate commerce any dead, dying, disabled or diseased poultry, or parts of the carcasses of any poultry that died otherwise than by slaughter, unless, when required by rules of the director, he has registered with the division his name and the address of each place of business at which and all trade names under which he conducts such business.

D. No person engaged in the business of buying, selling or transporting in intrastate commerce dead, dying, disabled or diseased poultry, or any parts of the carcasses of any poultry that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation in intrastate commerce any dead, dying, disabled or diseased poultry or parts of the carcasses of any poultry that died otherwise than by slaughter, unless such transaction or transportation is made in accordance with such rules as the director may prescribe to assure that such poultry, or the unwholesome parts or products thereof, will be prevented from being used for human food.
A.R.S. § 3-283 — Arizona Code / Title 3 / Chapter 2 / Article 3 / Section 283
3-283 Violations; notice; criminal classification; injunctive relief
Status: in_force

3-283. Violations; notice; criminal classification; injunctive relief

A. If it appears from the examination of any fertilizer material 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, as appropriate:

1. The director may cause notice of the violation to be given to the licensee or person responsible for placing the fertilizer material on sale. Any person so notified shall be given opportunity to be heard. If the hearing officer finds, 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 department legal counsel or the county attorney.

2. The director may request the county attorney to initiate criminal prosecution under this paragraph. Any person who knowingly violates any provision of this article or the rules adopted under this article is guilty of a class 2 misdemeanor.

3. 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.

4. 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.
A.R.S. § 3-1236 — Arizona Code / Title 3 / Chapter 11 / Article 2 / Section 1236
3-1236 Collection of additional amounts at time of brand inspection; disbursement
Status: in_force

3-1236. Collection of additional amounts at time of brand inspection; disbursement

A. In addition to the brand inspection fee provided in section 3-1337, the department shall collect from producers an additional amount of not to exceed one dollar per head, as determined by the council, on cattle under the same authority and at the same time, place and manner as such brand inspections are made. This subsection shall not apply to cattle being inspected when no change in ownership is involved. This subsection applies to calves aged one month and younger only if the federal order implementing the national beef promotion and research act of 1985 establishes an assessment on these animals. If the federal order is not approved by referendum as provided for in 7 United States Code section 2906(a) or (b) on or before December 31, 1988, calves aged one month and younger are exempt from this subsection.

B. When depositing fees, pursuant to sections 35-146 and 35-147, the department shall make a separate and distinct accounting of monies collected under the provisions of subsection A of this section. The council may use five per cent of the monies collected under this article for administering this article.
A.R.S. § 3-2093 — Arizona Code / Title 3 / Chapter 13 / Article 3 / Section 2093
3-2093 Reporting violations
Status: in_force

3-2093. Reporting violations

Before any violation of this chapter is reported by the director for institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given reasonable notice of the alleged violation and opportunity to present his views orally or in writing with regard to such contemplated proceeding. Nothing in this chapter shall be construed as requiring the director to report for criminal prosecution minor violations of this chapter whenever he believes that the public interest will be adequately served and compliance obtained by a suitable written notice or warning.
A.R.S. § 3-525.05 — Arizona Code / Title 3 / Chapter 3 / Article 4.1 / Section 525.05
3-525.05 Production and harvesting standards; violations; corrective actions; civil penalty; appeals
Status: in_force

3-525.05. Production and harvesting standards; violations; corrective actions; civil penalty; appeals

A. Consistent with the produce safety rule, the director shall administer science-based minimum standards for the safe production and harvesting of produce to minimize the risk of serious adverse health consequences or death.

B. If the director finds that produce is being grown, harvested, packed or held in violation of this article and rules adopted pursuant to this article, the director may consult and coordinate with applicable federal, state, tribal and local officials to produce a corrective action plan that includes reinspection, education, training and alternate enforcement approaches with the goal of addressing the present violation and preventing future violations.

C. The director shall adopt rules to address, correct and remediate violations of this article and rules adopted pursuant to this article that are progressively graduated according to the nature and urgency of the violation and the risk to public health and safety.

D. To remedy violations that are associated with risks or hazards to public health and to prevent the entry of contaminated produce into the marketplace, the director may take any action to enforce this article and rules adopted pursuant to this article, including:

1. A stop sale order.

2. The seizure and embargo of offending produce.

E. The director may assess a civil penalty of not more than one thousand dollars for each violation of this article or a rule adopted pursuant to this article. The department shall transmit any monies received under this section to the state treasurer for deposit in the produce safety trust fund established by section 3-525.02.

F. A person who violates this article or rules adopted pursuant to this article may request a hearing before an administrative law judge pursuant to title 41, chapter 6, article 10.  The decision of the administrative law judge is subject to review by the director as provided by title 41, chapter 6, article 10.
A.R.S. § 3-932 — Arizona Code / Title 3 / Chapter 7 / Article 2 / Section 932
3-932 Violation; classification; penalties
Status: in_force

3-932. Violation; classification; penalties

A. A person commits theft of protected native plants if, without the express consent of the landowner, the person knowingly removes or destroys any protected native plants from private or state land. Theft of protected native plants with a value of:

1. One thousand five hundred dollars or more is a class 4 felony.

2. At least seven hundred fifty dollars but less than one thousand five hundred dollars is a class 5 felony.

3. At least five hundred dollars but less than seven hundred fifty dollars is a class 6 felony.

4. Less than five hundred dollars is a class 1 misdemeanor.

B. A knowing violation of this chapter involving either the misuse of permits, tags, seals, or receipts, or the collection, salvage, harvest, transportation or possession of protected plants without any required permits, tags, seals or receipts is a class 1 misdemeanor. A subsequent conviction for a violation of this subsection is a class 6 felony.

C. All other violations of this chapter are class 3 misdemeanors except that if a prior conviction is a class 3 misdemeanor, a subsequent conviction is a class 2 misdemeanor, and if a prior conviction is a class 2 misdemeanor, a subsequent conviction is a class 1 misdemeanor.

D. From and after June 30, 1990, on conviction of any violation of this chapter the director may request of the court that the convicted person, or a responsible person from a convicted entity, be ordered to attend educational classes or programs pursuant to section 3-911, subsection C.

E. On conviction of a violation of this chapter, the director may also request of the court as a provision of the sentence, the revocation of all permits issued to the person convicted and the permittee shall be required to surrender any unused tags or seals or receipts to the division, and the division shall not issue new or additional permits to the permittee for a period of one year from the date of conviction. The director may further request of the court that the sentence include a provision prohibiting a person convicted of a violation of this chapter from engaging in the salvage of protected native plants or acting as agent for any other permittee for a period of up to one year. In considering any such request to revoke or deny permits or prohibit work in salvage or with another permittee the court shall consider:

1. The nature of the offense.

2. The nature of any prior convictions.

3. The overall performance record by the convicted party in terms of its violations of this chapter compared to its efforts to salvage native plants as intended by this chapter.
A.R.S. § 3-2151 — Arizona Code / Title 3 / Chapter 13 / Article 5 / Section 2151
3-2151 Definitions
Status: in_force

3-2151. Definitions

In this article, unless the context otherwise requires:

1. "Adulterated" shall apply to any poultry product under one or more of the following circumstances if:

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

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

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

(d) It consists in whole or in part of any filthy, putrid or decomposed substance or is for any other reason unsound, unhealthful, unwholesome or otherwise unfit for human food.

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

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

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

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

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

2. "Animal food manufacturer" means any person engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses or parts or products of the carcasses of poultry.

3. "Capable of use as human food" shall apply to any carcass or part or product of a carcass of any poultry, unless it is denatured or otherwise identified as required by rules prescribed by the director to deter its use as human food, or it is naturally inedible by humans.

4. "Container" or "package" includes any box, can, tin, cloth, plastic or other receptacle, wrapper or cover.

5. "Federal food, drug and cosmetic act" means the act so entitled, approved June 25, 1938 (52 Stat. 1040), and acts amendatory thereof or supplementary thereto.

6. "Federal poultry products inspection act" means the act so entitled approved August 28, 1957 (71 Stat. 441), as amended by the wholesome poultry products act (82 Stat. 791).

7. "Fresh" means any dressed or ready to cook poultry or poultry product which has not been frozen.

8. "Frozen" means any dressed or ready to cook poultry or poultry product which is in fact in a frozen state and which has been constantly maintained at a temperature of thirty-two degrees Fahrenheit or lower.

9. "Immediate container" includes any consumer package, or any other container in which poultry products, not consumer packaged, are packed.

10. "Intrastate commerce" means commerce within this state.

11. "Label" means a display of written, printed or graphic matter upon any article or the immediate container, not including package liners, of any article.

12. "Labeling" means all labels and other written, printed or graphic matter upon any article or any of its containers or wrappers or accompanying such article.

13. "Misbranded" shall apply to any poultry product under one or more of the following circumstances, if:

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

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

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

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

(e) It purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by rules of the director under section 3-2155 unless it conforms to such definition and standard, and its label bears the name of the food specified in the definition and standard and, insofar as may be required by such rules, the common names of optional ingredients, other than spices, flavoring, and coloring, present in such food.

(f) It purports to be or is represented as a food for which a standard or standards of fill of container have been prescribed by rules of the director under section 3-2155, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such rules specify, a statement that it falls below such standard.

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

(h) It fails to bear on its containers, and in the case of nonconsumer packaged carcasses if the director so requires directly thereon, as the director may by rules prescribe, the official inspection legend and official establishment number of the establishment where the article was processed.

14. "Official certificate" means any certificate prescribed by rule of the director for issuance by an inspector or other person performing official functions.

15. "Official device" means any device prescribed or authorized by the director for use in applying any official mark.

16. "Official establishment" means any establishment as determined by the division at which inspection of the slaughter of poultry or the processing of poultry products is maintained.

17. "Official inspection legend" means any symbol prescribed by rule of the director showing that an article was inspected for wholesomeness.

18. "Official mark" means the official inspection legend or any other symbol prescribed by rule of the director to identify the status of any article or poultry.

19. "Person" means any individual, partnership, corporation, association or other business unit.

20. "Pesticide chemical", "food additive", "color additive" and "raw agricultural commodity" shall have the same meanings as under the federal food, drug and cosmetic act.

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

22. "Poultry product" means any poultry carcass, or part thereof, or any product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry, and which are exempted by the director from definition as a poultry product under such conditions as the director may prescribe to assure that the poultry ingredients in such products are not adulterated and that such products are not represented as poultry products.

23. "Poultry products broker" means any person engaged in the business of buying or selling poultry products on commission or otherwise negotiating purchases or sales of such articles other than for the person's own account or as an employee of another person.

24. "Processed" means slaughtered, canned, salted, stuffed, rendered, boned, cut up or otherwise manufactured or processed.

25. "Renderer" means any person engaged in the business of rendering carcasses or parts or products of the carcasses of poultry, except rendering conducted under inspection or exemption under this chapter.

26. "Shipping container" means any container used or intended for use in packaging the product packed in an immediate container.
A.R.S. § 3-1002 — Arizona Code / Title 3 / Chapter 8 / Article 1 / Section 1002
3-1002 Compensation of members; personal interest in contracts prohibited; classification
Status: in_force

3-1002. Compensation of members; personal interest in contracts prohibited; classification

A. Board members shall not receive compensation for their services.

B. No board member or employee shall, either directly or indirectly, have any financial interest in a contract made by the board.

C. A person violating any provisions of this section is guilty of a class 1 misdemeanor.
A.R.S. § 3-1086.02 — Arizona Code / Title 3 / Chapter 10 / Article 1 / Section 1086.02
3-1086.02 Pink bollworm eradication program; fee; registration; civil penalties
Status: in_force

3-1086.02. Pink bollworm eradication program; fee; registration; civil penalties

A. The council may organize and implement a pink bollworm eradication program. The council shall conduct a referendum among eligible cotton producers, as determined by the council, with the assistance of the department and appropriate federal agencies, on the question of establishing a program and fee.  The ballot for the referendum shall present the question, "Shall a pink bollworm eradication program and fee of not more than thirty-two dollars per planted acre of cotton be established in this state?" with spaces in which the voter can indicate a vote for or against the proposal. The program may not be established unless either:

1. At least sixty-six per cent of those voting approve of the program.

2. Those voting to approve the program represent more than fifty per cent of the cotton acreage in this state, as determined by the council.

B. If approved, the council may choose to either implement a statewide eradication program or establish regional areas in this state for implementation of an eradication program.

C. The authority to assess and collect the pink bollworm eradication program fee under this section terminates four years after the date establishing the pink bollworm eradication program statewide or four years after the date implementing a pink bollworm eradication program in a region.

D. After a pink bollworm eradication program has been established under this section:

1. The council may assess a fee on or before July 1 each year of not more than thirty-two dollars per planted acre of cotton to control the pink bollworm.  Title 41, chapter 6 does not apply to setting the fee under this section, but the council shall provide thirty days' advance notice of the meeting at which the fee will be adopted and the proposed amount of the fee. The fee shall be based on a detailed expenditure plan for that year to control the pink bollworm in non-Bt fields.  The council shall approve the expenditure plan before establishing the fee.  The council shall provide a copy of the proposed annual expenditure plan to all producers who request a copy within ten days before the meeting at which the fee will be adopted.  The council shall receive public testimony at the meeting regarding the fee.

2. The council shall waive the fee for each planted acre of Bt cotton.

3. Thirty days after the date established by rules adopted pursuant to chapter 2, article 1 of this title for abatement of the nuisance of cotton or cotton stubble, each producer shall register each acre of non-Bt cotton with the council on forms prescribed by the council and shall pay the fee in full to the council within sixty days of registration, unless the producer's lender guarantees payment or other arrangements are made to the council's satisfaction or under terms established by the council.  The council, at its discretion, may permit late registration.

4. A producer shall not plant non-Bt cotton after the dates established in rules adopted pursuant to chapter 2, article 1 of this title without written permission of the council.

5. The council may impose a civil penalty against a producer of not more than two hundred dollars per acre for each planted acre of non-Bt cotton for failure to register or failure to pay the fee when due under this section.

6. The council shall rebate, under terms established by the council, any collected fees that are not spent for protection from pink bollworm in non-Bt cotton fields statewide or in a region in which the fees were collected.
A.R.S. § 3-2081 — Arizona Code / Title 3 / Chapter 13 / Article 3 / Section 2081
3-2081 Licenses for sale or exchange of meat or poultry; fee; records kept by licensee; expiration of license; violation; classification
Status: in_force

3-2081. Licenses for sale or exchange of meat or poultry; fee; records kept by licensee; expiration of license; violation; classification

A. A person, firm or corporation that engages in the business of meat or poultry processing, wholesaling, storing in or for intrastate commerce, transporting in intrastate commerce, distributing, jobbing or brokering other than canned meat or poultry or canned meat or poultry products, except a home consumer, shall, before offering such meat or poultry or meat or poultry food products for sale or exchange, after complying with the minimum requirements of the director, procure a license from the division, for which he shall pay an annual license fee of ten dollars for each place of business, store, stand, market or vehicle in or from which the meat is to be sold or exchanged and shall keep a record of the name and address of each person from whom the licensee obtained such meat or meat food products, the date of purchase, quantity and kind of meat purchased and time and place of purchase. Upon request by an inspector or peace officer, the licensee shall exhibit the record to him. The record shall be retained for one year.

B. All licenses issued under the provisions of this article shall expire on December 31 of the year in which issued.

C. The following persons, firms and corporations shall keep such records as will fully and correctly disclose all transactions involved in their businesses and all persons, firms and corporations subject to such requirements shall at all reasonable times upon notice by a duly authorized representative of the department afford such representative access to their places of business and opportunity to examine the facilities and inventory and to take reasonable samples of their inventory upon payment of the fair market value:

1. Any persons, firms or corporations that engage in the business of slaughtering any cattle, sheep, swine, goats, horses, mules or other equines or preparing, freezing, packaging or labeling any carcasses or parts or products of carcasses of any such animals for use as human food or animal food.

2. Any persons, firms or corporations that engage in the business of buying or selling as meat brokers, wholesalers or otherwise or transporting or storing or importing any carcasses or parts or products of carcasses of any such animals.

3. Any persons, firms or corporations that engage in business as renderers or engage in the business of buying, selling, transporting or importing any dead, dying, disabled or diseased cattle, sheep, swine, goats, horses, mules or other equines or parts of the carcasses of any such animals that died otherwise than by slaughter.

D. Any record required to be maintained by this section shall be maintained for such period of time as the director may by rules prescribe.

E. A person violating any provision of this section is guilty of a class 2 misdemeanor.
A.R.S. § 3-2611 — Arizona Code / Title 3 / Chapter 15 / Article 1 / Section 2611
3-2611 Adulteration
Status: in_force

3-2611. Adulteration

A. A person shall not distribute adulterated commercial feed.

B. A commercial feed is deemed to be adulterated if any of the following exists:

1. It bears or contains any poisonous or deleterious substance which may render it injurious to health, but in case the substance is not an added substance, such commercial feed shall not be considered adulterated under this section if the quantity of such substance in such commercial feed does not ordinarily render it injurious to health.

2. It bears or contains any added poisonous, added deleterious or added nonnutritive substance which is unsafe within the meaning of section 406 of the federal food, drug and cosmetic act, other than one which is a pesticide chemical in or on a raw agricultural commodity or a feed additive.

3. It is, bears or contains any food additive which is unsafe within the meaning of section 409 of the federal food, drug and cosmetic act.

4. It is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section 408(a) of the federal food, drug and cosmetic act. If a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under section 408 of the federal food, drug and cosmetic act and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity unless the feeding of such processed feed will result or is likely to result in a pesticide residue in the edible product of the animal, which is unsafe within the meaning of section 408(a) of the federal food, drug and cosmetic act.

5. It bears or contains any color additive which is unsafe within the meaning of section 706 of the federal food, drug and cosmetic act.

6. Any valuable constituent has been in whole or in part omitted or abstracted or any less valuable substance substituted.

7. Its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling.

8. It contains a drug and the methods used in or the facilities or controls used for its manufacture, processing or packaging do not conform to current good manufacturing practice rules adopted by the director to assure that the drug meets the requirement of this article as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess. In adopting such rules the director shall adopt the current good manufacturing practice regulations for medicated feed premixes and for medicated feeds established under authority of the federal food, drug and cosmetic act, unless the director determines that they are not appropriate to the conditions which exist in this state.

9. It contains viable weed seeds in amounts exceeding the limits established by the director.
A.R.S. § 3-719 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 719
3-719 Reuse of standard cases and other containers; identification of eggs; expiration date markings; exceptions
Status: in_force

3-719. Reuse of standard cases and other containers; identification of eggs; expiration date markings; exceptions

A. The standard thirty-dozen case and the fifteen-dozen half case as used in commercial practice in the United States may be reused with writing permitted on the sides if the case has been plainly and legibly marked on one outward end in such a position as to clearly and accurately identify the eggs designated thereby, and with the correct designation of size and grade of the eggs therein according to the standards prescribed pursuant to this chapter, together with the name of the producer, dealer, retailer or agent by or for whom the eggs were graded or marked.

B. Designations of size and grade marked upon cases of loose eggs shall be plainly and conspicuously marked in bold-faced type or letters not less than one-half inch in height on one outward end of the case.

C. Each container, carton or subcontainer of chicken eggs shall be marked with the full, correct and unabbreviated designation of size and grade of the eggs therein according to the standards prescribed pursuant to this chapter, together with the name of the producer, dealer, retailer or agent by or for whom the eggs were graded or marked.

D. Designations of size and grade marked upon a carton or container of eggs shall be plainly and conspicuously marked in bold-faced type or letters not less than one-fourth inch in height on the outward top face of each carton or container holding less than fifteen dozen eggs, and not less than one-half inch in height on one outward side of any other container holding fifteen dozen or more eggs.

E. Cases, half cases, cartons or containers marked grade AA or grade A shall be marked with an expiration date. Months shall be abbreviated Jan, Feb, Mar, Apr, May, Jun, Jul, Aug, Sep, Oct, Nov or Dec.

F. The expiration date marked on a case, half case or container holding fifteen dozen eggs or more shall be plainly and conspicuously marked in bold-faced type not less than three-eighths inch in height on one outward end of the case or container.

G. The expiration date marked on a carton or container holding less than fifteen dozen eggs shall be plainly and conspicuously marked in bold-faced type not less than one-eighth inch in height on one end of the outward top face of each carton and on one outward end or the outward top of each container.

H. Only one description of the size and grade of eggs and one expiration date shall appear upon any carton, container, subcontainer or case of eggs.

I. Designations of size and grade markings on an advertisement, sign, placard, carton, container, subcontainer or case shall correspond with the designation of size and grade marking on the invoice furnished with the sale of the eggs.
A.R.S. § 3-618 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 618
3-618 Sampling by purchaser; preservation; records
Status: in_force

3-618. Sampling by purchaser; preservation; records

A. A person buying milk or cream from a producer to be paid for on the basis of the percentage of milk fat contained therein, and for such purpose taking individual samples to form a composite sample for periodic testing, shall, at the request of the producer, at the end of the period for which the composite samples are taken, thoroughly mix and divide the samples into two approximately equal parts and tender one of the samples to the producer or an authorized representative thereof. The producer may have the composite sample tested by a licensed tester in the presence of the person buying the milk or cream or his authorized representative. If the producer or the purchaser is not satisfied with the result of the test, the samples shall be submitted to a qualified technician or laboratory and an ether extraction butterfat test made. The result of the ether extract butterfat test shall be final and binding on both parties.

B. A person testing composite samples of milk or cream received from a producer, the value of which is determined by the milk fat content, shall preserve intact the remaining portion of the sample from which the test is made and shall keep the same for not less than forty-eight hours after completion of the test for the purpose of permitting the associate director or an authorized representative thereof to examine and test the remaining portion. The samples shall be preserved so as to insure an accurate test being made.

C. A person making tests of samples of milk or cream shall immediately after completion of the tests, prepare a list of the names or numbers of the producers of the milk or cream tested, and opposite the producer's name or number the per cent of milk fat contained in each sample. The list shall be signed by the person making the test and shall contain the number of the state license under which the test was made. A copy of the list shall be deposited immediately after the test in a lock box so constructed that the records cannot be readily removed therefrom except by the associate director, who shall supply the lock therefor and retain all keys to the lock. Each purchaser or receiver shall, on written request, mail or deliver to the producer at the time of making the list, a written statement of the percentage of milk fat contained in the sample representing the milk or cream delivered by the producer.

D. Unless otherwise provided by written permission of the associate director, a sample of milk or cream tested by the purchaser or his authorized representative shall be tested only at the place where received, and shall not be removed from the plant or place where tested less than forty-eight hours from the date of testing.
A.R.S. § 3-525.07 — Arizona Code / Title 3 / Chapter 3 / Article 4.1 / Section 525.07
3-525.07 Violations; classification; injunctive relief
Status: in_force

3-525.07. Violations; classification; injunctive relief

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

1. Impedes, obstructs, hinders, improperly influences or otherwise prevents or attempts to prevent the director, the associate director or any authorized employee, inspector or agent of the department in performing any duty in connection with this article.

2. Makes any materially false statement or representation in any written document required to be submitted or maintained pursuant to section 3-525.03 or 3-525.04.

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

1. Makes a wrong or improper inspection pursuant to this article.

2. Accepts monies or other consideration either directly or indirectly in exchange for an improper performance of the inspector's duty.

3. Seizes any produce improperly or unlawfully while acting under this article.

4. Fails to request that the proper authorities bring an action to prosecute a violation of this article or rules adopted pursuant to this article.

C. If a person fails or refuses to comply with or continues to violate any provision of this article or a rule adopted pursuant to this article, the director may apply for and the court may grant a temporary restraining order or preliminary or permanent injunction.  A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator.
A.R.S. § 3-587 — Arizona Code / Title 3 / Chapter 3 / Article 9 / Section 587
3-587 Budget and fees; report
Status: in_force

3-587. Budget and fees; report

A. Before each marketing year begins, the council shall submit a proposed budget sufficient to carry out the purposes of this article. The budget is effective on approval by the council.

B. To provide monies to carry out the purposes of this article, the council shall assess a fee of up to five cents per hundred weight of grain sold through commercial channels.

C. The first purchaser shall collect and remit the fees to the council pursuant to the forms, procedures and periodic reports or returns as the council prescribes. The first purchaser shall remit the fees to the council on or before the tenth day of the month following collection of the fee or as prescribed by the council.

D. Paying the fee is the primary responsibility of the producer, except the liability is discharged if the fee is collected or withheld by the first purchaser.

E. The council shall prepare an annual report on its programs and activities and submit it to the governor.
A.R.S. § 3-3412 — Arizona Code / Title 3 / Chapter 19 / Article 2 / Section 3412
3-3412 Physical standards
Status: in_force

3-3412. Physical standards

Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the national institute of standards and technology, shall be the state reference standards of weights and measures and shall be maintained in such calibration as prescribed by the national institute of standards and technology. All secondary standards may be prescribed by the associate director and shall be verified on initial receipt and as often thereafter as deemed necessary by the associate director.
A.R.S. § 3-907 — Arizona Code / Title 3 / Chapter 7 / Article 1 / Section 907
3-907 Cutting or removal of harvest restricted plants for their by-products, fiber or wood; procedures; exceptions
Status: in_force

3-907. Cutting or removal of harvest restricted plants for their by-products, fiber or wood; procedures; exceptions

A. The division shall provide harvest or wood permits, and wood receipts with each wood permit, authorizing the taking, transporting or possessing of harvest restricted native plants cut or removed for manufacturing or processing purposes, for their by-products, fiber or wood. It is unlawful for a person to take, transport or possess such a plant for its by-products, fiber or wood if he is not in possession of a permit and any required receipt. A permit or receipt is not transferable by the permittee or his agent, nor may it be used by anyone other than the person to whom it was issued, except that the permittee shall transfer the receipt to the purchaser as proof of ownership of the wood covered by the receipt.

B. A person in possession of a valid permit for the removal of dead plants, wood, fiber or other by-products issued by the United States department of agriculture or the United States department of the interior from lands under the administration of the United States forest service or the United States bureau of land management is exempt from the permit required by subsection A.

C. This chapter shall not be construed to prohibit any person from cutting, removing, transporting or possessing any harvest restricted native plant or part for manufacturing or processing purposes in amounts of one hundred pounds or less, or any such plant or part as wood in amounts of two cords or less in quantity from land owned or leased by that person, other than state-owned land or other public land, or from land if the owner has given written consent to the person to cut, remove, transport or use the plant, or its fiber or wood.

D. This section does not apply to the use of dead wood for branding fires or at permissible camping or cooking sites for camping or cooking fires or cutting, removing, transporting or possessing dead harvest restricted plants or the dead parts from such plants from land owned or leased by that person.
A.R.S. § 3-525.08 — Arizona Code / Title 3 / Chapter 3 / Article 4.1 / Section 525.08
3-525.08 Rules
Status: in_force

3-525.08. Rules

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

B. At least thirty days before any hearing at which a new rule or a change in an existing rule will be considered, the director shall send a copy of the notice to persons or entities that have requested notice for the purposes of this subsection.

C. Rules adopted pursuant to this section are exempt from the provisions of title 41, chapter 6 relating to administrative procedure.
A.R.S. § 3-707 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 707
3-707 Allowances of tolerances
Status: in_force

3-707. Allowances of tolerances

Within the maximum tolerance permitted allowances to be made at receiving points or on lot quantities shall be established by rules adopted by the director.
A.R.S. § 3-142 — Arizona Code / Title 3 / Chapter 1 / Article 4 / Section 142
3-142 State agricultural laboratory
Status: in_force

3-142. State agricultural laboratory

There is established a state agricultural laboratory in the department to provide laboratory services to the department and others as provided by law or pursuant to contract.
A.R.S. § 3-3119 — Arizona Code / Title 3 / Chapter 17 / Article 1 / Section 3119
3-3119 Nonliability
Status: in_force

3-3119. Nonliability

Notwithstanding any law to the contrary, neither the director nor his authorized representative is subject to civil liability for any acts or omissions in the course of any inspection or investigation for the department if he is acting in a reasonable manner, considering the activity in which he is engaged.
A.R.S. § 3-2403 — Arizona Code / Title 3 / Chapter 14 / Article 1 / Section 2403
3-2403 Disposition of furs, skins and specimens
Status: in_force

3-2403. Disposition of furs, skins and specimens

All furs, skins or specimens taken by animal damage control specialists whose salaries are paid from any state appropriation made for the purpose of carrying out the provisions of this article shall be disposed of as the department determines to be for the best interest of the state, but if such items are sold the net proceeds shall be credited to the general fund of the state.
A.R.S. § 3-210 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 210
3-210 Destruction of infected shipments
Status: in_force

3-210. Destruction of infected shipments

A. When a shipment of any plant, plant product, soil or other thing imported or brought into the state is found to be infested by or to harbor insects, noxious weeds or other pests dangerous to the interests of the state, the director shall notify, in writing, the shipper, consignee or owner, and shall require the shipper, consignee or owner, at the owner's option, immediately to reship from the state, treat or destroy the plant or other thing in whole or in part as the director deems necessary, at the owner's expense. If the shipper, consignee or owner neglects or refuses to reship from the state or treat or destroy the infested shipment the director shall order the infested shipment to be destroyed.

B. A shipper, consignee or owner of any plant, plant product, soil or other thing that is subject to this section may request a hearing pursuant to title 41, chapter 6, article 10, but the request for a hearing shall not stay necessary treatment action under this section.
A.R.S. § 3-1492 — Arizona Code / Title 3 / Chapter 11 / Article 11 / Section 1492
3-1492 Unlawful release of a domesticated horse; violation; classification
Status: in_force

3-1492. Unlawful release of a domesticated horse; violation; classification

A person who intentionally releases a domesticated horse into the wild is guilty of a class 1 misdemeanor.
A.R.S. § 3-3435 — Arizona Code / Title 3 / Chapter 19 / Article 3 / Section 3435
3-3435 Heating of motor fuel prohibited
Status: in_force

3-3435. Heating of motor fuel prohibited

A person shall not sell or offer or expose for sale any motor fuel if the temperature of the motor fuel has been changed by any type of a heating device.
A.R.S. § 3-486 — Arizona Code / Title 3 / Chapter 3 / Article 4 / Section 486
3-486 Inspectors; powers and enforcement procedures; warning notice; disposal notice; civil penalty
Status: in_force

3-486. Inspectors; powers and enforcement procedures; warning notice; disposal notice; civil penalty

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

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

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

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

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

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

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

5. The defect that caused the violation.

6. The percentage of defective product in the sample.

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

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

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

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

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

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

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

3. Destroying it.

H. A person who violates the terms of a disposal notice is subject to a civil penalty of at least twenty-five dollars for each carton but not more than one thousand dollars.
A.R.S. § 3-2404 — Arizona Code / Title 3 / Chapter 14 / Article 1 / Section 2404
3-2404 Purchase and disposition of rodent control supplies
Status: in_force

3-2404. Purchase and disposition of rodent control supplies

A. The department, in cooperation with the United States animal and plant health inspection service, may purchase rodent control supplies, including rodent baits, equipment and materials, for use of cooperating governmental agencies and counties in the control of noxious rodents and related animals and make such supplies, baits, equipment and materials available, at approximate cost, to persons who cooperate in the program.

B. Receipts from the sale of such supplies, baits, equipment and materials shall be credited to the general fund of the state.
A.R.S. § 3-146 — Arizona Code / Title 3 / Chapter 1 / Article 4 / Section 146
3-146 Certificate fees
Status: in_force

3-146. Certificate fees

The director may establish by rule and the assistant director shall collect in advance the following nonrefundable fees:

1. For an initial laboratory certificate, not more than nine hundred dollars.

2. For a renewal of a laboratory certificate, not more than nine hundred dollars.

3. For a duplicate of a certificate, two dollars.
A.R.S. § 3-271 — Arizona Code / Title 3 / Chapter 2 / Article 3 / Section 271
3-271 Restrictions upon enforcing officers
Status: in_force

3-271. Restrictions upon enforcing officers

No person charged with the enforcement of any of the provisions of this article shall be directly or indirectly interested in the sale, manufacture or distribution of any fertilizer material.
A.R.S. § 3-721 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 721
3-721 Trade-mark; filing; reuse
Status: in_force

3-721. Trade-mark; filing; reuse

A. A person may secure the right to use a trade name, trade-mark or symbol by filing it with the secretary of state in compliance with section 44-1443.

B. The reuse of any carton for eggs which bears a name, a trade-mark or a trade name, except where the user is entitled to use the name, trade-mark or trade name, is prohibited.
A.R.S. § 3-459 — Arizona Code / Title 3 / Chapter 3 / Article 2 / Section 459
3-459 Rejection of shipment by carriers
Status: in_force

3-459. Rejection of shipment by carriers

A. A person may decline to ship, transport or accept for shipment any citrus fruit when notified by an inspector that the fruit is found to be in violation of this article or rules adopted pursuant to this article.

B. The person may reserve the right in the receipt, bill of lading or other writing to reject for shipment and to return to the owner citrus fruit which upon inspection of a representative sample are found to violate this article or rules adopted pursuant to this article.
A.R.S. § 3-2056 — Arizona Code / Title 3 / Chapter 13 / Article 2 / Section 2056
3-2056 Inspection of meat; reentry inspection
Status: in_force

3-2056. Inspection of meat; reentry inspection

A. All meat sold within this state shall be inspected by the department or the United States department of agriculture.

B. All meat or meat food products which may be brought into any slaughtering, meat canning, salting, packing, rendering or similar establishment shall be inspected for wholesomeness, cleanliness and markings by the agency or the United States department of agriculture before use. This inspection shall be made to all such products which, after having been issued from any slaughtering, meat canning, salting, packing, rendering or similar establishment, shall be returned to the same or to any similar establishment where such inspection is maintained.
A.R.S. § 3-701 — Arizona Code / Title 3 / Chapter 5 / Article 1 / Section 701
3-701 Definitions
Status: in_force

3-701. Definitions

In this article, unless the context otherwise requires:

1. "Agent" includes a bailee, broker, commission merchant, factor, auctioneer, solicitor or consignee and any other person acting on the express or implied authority of another person.

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

3. "Candling" means the visual examination of eggs to establish their quality by the use of transmitted light to determine the cleanliness and soundness of the shell, the size and condition of the aircell and the condition of the yolk, white and germ.

4. "Carton" means an egg carton as used in commercial practice in the United States.

5. "Case" means a standard thirty-dozen egg case as used in commercial practice in the United States.

6. "Consumer" means a person who buys eggs for use as food and not for resale in any form.

7. "Container" means any box, one-half case, basket, flat or other receptacle, excluding a carton and a case.

8. "Dealer" means any person who contracts for or obtains from the producer, or any producer-dealer, dealer or manufacturer, possession or control of any eggs or egg products for the purpose of candling, grading, selling, peddling, distributing, dealing in or trading in eggs or egg products for resale to an egg dealer within this state, producer-dealer, manufacturer, retailer or consumer for human consumption within this state.

9. "Deceptive" means any arrangement of the contents of any case, container, subcontainer, lot, load or display in which the eggs in the outer layer or in any portion exposed to view are in grade, size, condition or any other respect so superior to those in the interior or unexposed portion as to materially misrepresent the contents or any part of the contents as to size, grade, condition or any other respects.

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

11. "Egg products":

(a) Means eggs that are removed from the shell in a liquid, frozen, dried or freeze-dried state.

(b) May consist of whole eggs, yolks, whites or any blend of yolk and white, with or without additives, if eggs are the main ingredient.

12. "Eggs" means eggs that are in the shell and that are from chickens, turkeys, ducks, geese or any other species of fowl.

13. "Expiration date" means:

(a) For eggs that are marked grade AA, the words "sell by" or "buy thru" followed by a date, including the month and day, that is not more than twenty-four days after the eggs were candled and includes the date the eggs were candled.

(b) For eggs that are marked grade A, the words "best by" or "use by" followed by a date, including the month and day, that is not more than forty-five days after the eggs were candled and includes the date the eggs were candled.

14. "Grade" means classified as to quality and applies to a dozen, case, lot or load of eggs.

15. "Half case" means a fifteen-dozen container or one-half standard thirty-dozen egg case as used in commercial practice in the United States.

16. "Inspector" means an egg inspector who is appointed or assigned pursuant to section 3-709.

17. "Manufacturer" means a person that is engaged in the business of operating or controlling the operation of one or more breaking plants producing liquid eggs, dried eggs, frozen eggs or other egg products for human consumption.

18. "Marked" means plainly, legibly and conspicuously labeled, stamped, stenciled, printed, typed, lettered or branded.

19. "Mislabel" means the placing or presence of any false, deceptive or misleading mark, term, statement, design, device, inscription or other designation on eggs or on a carton, container or subcontainer of eggs, or on the label or lining or wrapper thereof, or on the outward end of the case, or on a placard or sign used in connection therewith, or in connection with any display having reference to eggs.

20. "Nest run eggs" means eggs that are packed as they come from the production facilities without having been washed, sized or candled for quality, regardless of whether some undergrades have been removed.

21. "Person" includes an individual, household, firm, corporation, company or association.

22. "Processed" means that the shell has been treated with oil or another preservative preparation.

23. "Producer" means a person that is engaged in the business of operating or controlling the operation of one or more ranches producing eggs within this state.

24. "Producer-dealer" means a person that is engaged in the business of operating or controlling the operation of one or more egg ranches producing eggs within the state, and that, while in possession or control of any additional eggs other than the person's own production, candles, grades, sells, peddles, distributes, deals in or trades in eggs for resale to dealers, producer-dealers, manufacturers or retailers.

25. "Quality" means the inherent properties of any product that determine its relative degree of excellence.

26. "Retailer" means a person that buys candled and graded eggs or egg products from a producer, licensed manufacturer, licensed producer-dealer or licensed dealer for resale to a consumer only, or that buys egg products to use in the preparation of other consumer foods for resale.

27. "Sell" includes to offer for sale, to expose for sale or to have in possession for sale, exchange, barter or trade.

28. "Size" means classified as to weight.

29. "Standard" means the quality specifications for a single egg.

30. "Subcontainer" means a container that is used within another container.

31. "Supervisor" means the supervisor of egg inspection or the supervisor's authorized representative.
A.R.S. § 3-2130 — Arizona Code / Title 3 / Chapter 13 / Article 4 / Section 2130
3-2130 Unlawful use of horsemeat
Status: in_force

3-2130. Unlawful use of horsemeat

It is unlawful to slaughter a horse for human consumption, or to prepare, process, can, cure, smoke, salt, render or pack, or sell or offer for sale for human consumption horsemeat or any product derived in whole or in part therefrom except in accordance with the provisions of this article.
A.R.S. § 3-3418 — Arizona Code / Title 3 / Chapter 19 / Article 2 / Section 3418
3-3418 Disposition of seized property
Status: in_force

3-3418. Disposition of seized property

One hundred eighty days after the final disposition of an investigation and any ensuing enforcement action, the division may destroy those weights, measures or devices that are seized pursuant to section 3-3414 or 3-3415 or transfer the items to the department of administration for disposition as state surplus property pursuant to the direction of the department of administration, surplus property division.
A.R.S. § 3-1267 — Arizona Code / Title 3 / Chapter 11 / Article 3 / Section 1267
3-1267 Certified copy of brand entries as evidence; brand on animals as evidence of ownership
Status: in_force

3-1267. Certified copy of brand entries as evidence; brand on animals as evidence of ownership

A. A certified copy of an entry in a brand book or filing system relating to a recorded brand or mark shall be received in the courts of this state as prima facie evidence of all the facts required to be entered in a brand book or filing system, and of the right of the person therein named to use such brand and mark for branding or marking animals.

B. The appearance upon an animal of the recorded brand of the owner as shown by the record shall be received in the courts of this state as prima facie evidence that the animal bearing the brand is the property of the owner of the recorded brand, except when such brand is borne by an animal seized under the provisions of this title.
A.R.S. § 3-633 — Arizona Code / Title 3 / Chapter 4 / Article 1 / Section 633
3-633 Enforcement duties of attorney general and county attorneys
Status: in_force

3-633. Enforcement duties of attorney general and county attorneys

The department's legal counsel, the attorney general and the county attorney of each county, upon request, shall advise the director in the performance of his duties, and shall institute and prosecute all actions arising under this article.
A.R.S. § 3-1337 — Arizona Code / Title 3 / Chapter 11 / Article 5 / Section 1337
3-1337 Service charge and inspection fee; self-inspection
Status: in_force

3-1337. Service charge and inspection fee; self-inspection

A. Livestock officers and inspectors shall collect from the person in charge of cattle inspected a service charge of three dollars plus an inspection fee of twenty-five cents per head for making inspections for the transfer of ownership, sale, slaughter or transportation of cattle.

B. Livestock officers and inspectors shall collect from the person in charge of sheep inspected a service charge of three dollars plus an inspection fee of five cents per head for making inspections for the transfer of ownership, sale, slaughter or transportation of sheep.

C. Livestock officers and inspectors shall collect from the person in charge of dairy cattle inspected a service charge of three dollars plus an inspection fee of twenty-five cents per head for making inspections for the transfer of ownership, sale, slaughter or transportation of dairy cattle.

D. The division may approve self-inspection by movers of livestock and feedlots and dairies pursuant to section 3-1203, subsection D.  Movement shall be documented on simple and concise self-inspection forms that are provided by the department and that include only the following information:

1. The certificate number.

2. The department contact information.

3. For out-of-state shipments, official identification.

4. For dairy cattle, back tag numbers.

5. The amount collected pursuant to section 3-1236.

6. The number and description of livestock.

7. The livestock owner's or agent's name, signature and address.

8. The transporter's name.

9. The location of the place and date of shipment.

10. The destination or buyer's name and address.

11. For branded animals, the animal's registered brand, including brand number, location and expiration date.

E. Movers of livestock and feedlots and dairies that utilize self-inspection shall purchase the self-inspection book from the department. The director, in consultation with the department of agriculture advisory council established pursuant to section 3-104, may establish a fee for the self-inspection book.

F.  Any fees collected by the livestock officers and inspectors and by movers of livestock and feedlots and dairies utilizing self-inspection shall be remitted to the division.  Any fees incurred by movers of livestock and feedlots and dairies shall be remitted to the department within ten days after the end of the month in which the livestock were inspected.
A.R.S. § 3-3413 — Arizona Code / Title 3 / Chapter 19 / Article 2 / Section 3413
3-3413 Technical requirements for commercial devices
Status: in_force

3-3413. Technical requirements for commercial devices

The specifications, tolerances and other technical requirements for commercial devices as adopted by the national conference on weights and measures and published in national institute of standards and technology handbook 44, "specifications, tolerances, and other technical requirements for commercial weighing and measuring devices" shall apply to commercial weighing and measuring devices in the state. The edition of the national institute of standards and technology handbook 44 shall be determined by rule, pursuant to section 3-3414, subsection A, paragraph 4.
A.R.S. § 3-468.08 — Arizona Code / Title 3 / Chapter 3 / Article 2.1 / Section 468.08
3-468.08 Termination of council
Status: in_force

3-468.08. 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. The council, by a two-thirds vote of its membership, determines that it is no longer in the best interest of the citrus 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 citrus 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. § 3-278 — Arizona Code / Title 3 / Chapter 2 / Article 3 / Section 278
3-278 Materials containing unavailable plant food and undesirable substances
Status: in_force

3-278. Materials containing unavailable plant food and undesirable substances

A. No person shall sell as a commercial fertilizer or as an ingredient thereof any leather, hair, hoofs, horns, wool waste or other substances containing inert plant food material unless there is affixed to every lot, parcel or package a label stating that it contains such substance.

B. No person shall sell any manure to which water or any material or substance not commonly used for bedding of domestic animals or fowls, for sanitary or feeding purposes, or for the preservation of manures, has been artificially added unless there is affixed to every lot or container delivered to a particular purchaser a statement of the fact that such artificial addition has been made.
A.R.S. § 3-201.01 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 201.01
3-201.01 Associate director; powers and duties
Status: in_force

3-201.01. Associate director; powers and duties

A. The associate director may, as authorized by the director:

1. Quarantine, treat, eradicate, destroy or reject out of state pests and all plants that are infested or infected with pests or that are the host or carrier or the means of propagating or disseminating a pest.

2. Enforce all rules and orders necessary to carry out the purposes of this article:

(a) To prevent introduction of a pest into the state.

(b) To prevent propagation or dissemination of a pest from one locality to another in this state.

(c) To control, eradicate or suppress a pest or prevent introduction into this state of a pest from out of state.

(d)  To fix the terms and conditions on which plants or any other article or thing of any nature whatever likely to be infested or infected with or be the carrier of, or the means of propagating or disseminating, a pest that may be shipped or brought into this state, or moved from one locality or place to another in this state.

(e)  To prohibit plants or things likely to be infected with, be the carrier of or be the means of spreading, propagating or disseminating a pest from being shipped or brought into this state or moved from one locality to another in this state.

3. Cooperate with the United States secretary of agriculture and the secretary’s representatives in interstate matters pertaining to the objects of this article.

4. Proceed according to law to abate any public nuisance prohibited by this article.

5. Establish fees pursuant to section 3-217 and adopt rules necessary to effect and administer an Arizona nursery certification program, for any person who requests to participate, to certify that a participating nursery meets the criteria established by the associate director or the entry criteria established by another state, commonwealth or country.

6. Require records to determine the origin and quarantine certification status of nursery stock sold, offered for sale or transported by any person into or within this state.

B. The associate director shall:

1. Keep the director informed concerning dangers to the agricultural and horticultural interests of this state from pests.

2. Faithfully enforce and execute all rules and orders of the department pertaining to the division, using all necessary and proper means including court action.

3. Prepare, publish electronically, post and make available at least once each year bulletins containing such information as the associate director deems proper and the current rules and orders of the department.

4. Enter in or on any premises or other place, train, vehicle or other means of transportation in or entering this state that is suspected of containing, harboring or having present one or more pests.

5. Make inspections to determine if a pest is present.

6. Open, without unnecessary injury to property, any box, container or package at any time during business or operating hours, and, after notifying the owner or person in charge, if the owner or person in charge is found in the county, open any car, enclosure or building that the associate director suspects contains, harbors or has present a pest, and examine and inspect the contents as may be necessary to determine if a pest is present.

7. If in performing other duties the associate director determines that plant materials inspected and being delivered or transported or shipped by mail or courier are dead, dying or otherwise inferior in quality, mark the plant or package, or both, advising the recipient and sender that, in the judgment of the associate director, the plant materials were found to be dead, dying or of inferior quality. This paragraph does not authorize the associate director to perform inspections solely for the purposes set forth in this paragraph.
A.R.S. § 3-1741 — Arizona Code / Title 3 / Chapter 12 / Article 3 / Section 1741
3-1741 Federal cooperation and agreements
Status: in_force

3-1741. Federal cooperation and agreements

A. The director may, for the purpose of eradicating tuberculosis of cattle in the state, cooperate with the animal and plant health inspection service of the United States department of agriculture. The director may, on behalf of the state, accept cooperative agreements promulgated by the Arizona department of agriculture under authority of the acts of Congress to effect the eradication of tuberculosis in cattle.

B. The associate director may, as necessary to effectuate the terms of cooperative agreements, appoint veterinary inspectors to act with and under direction of the state veterinarian.
A.R.S. § 3-3434 — Arizona Code / Title 3 / Chapter 19 / Article 3 / Section 3434
3-3434 Area C; standards for motor fuel; exceptions
Status: in_force

3-3434. Area C; standards for motor fuel; exceptions

A. Except as provided in subsections C and D of this section, after May 31, 2008, a retail seller or fleet owner shall not store, sell or expose or offer for sale in area C 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.

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 area C 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.

E. 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 associate director determine will result in motor vehicle non-methane hydrocarbon emissions that are equal to or less than the emissions that result under compliance with subsection D 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 D of this section.

F. 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 E of this section and this subsection may be used by any gasoline provider unless the approval is rescinded more than one hundred eighty days before the first day of a gasoline control period. Gasoline providers that use an approved alternate fuel control measure shall annually submit a compliance plan to the associate director no later than sixty days before the first day of a gasoline control period.
A.R.S. § 3-2041 — Arizona Code / Title 3 / Chapter 13 / Article 2 / Section 2041
3-2041 Chief veterinary meat inspector; appointment of inspectors; qualifications; bond
Status: in_force

3-2041. Chief veterinary meat inspector; appointment of inspectors; qualifications; bond

A. The associate director, with the approval of the director, shall employ an Arizona licensed veterinarian as chief veterinary meat inspector. The chief veterinary meat inspector must have at least four years' experience of meat inspection work in slaughtering establishments.  The duties of the chief veterinary meat inspector shall be to supervise the state meat inspection service and enforce and efficiently carry out the provisions of this chapter, so as to assure the public that only pure and wholesome meats are offered for sale.

B. Upon qualification by the chief veterinary meat inspector, the associate director, with the director's approval, shall employ veterinary meat inspectors and lay meat inspectors who shall be responsible to the chief veterinary meat inspector and who shall conduct antemortem and postmortem inspections, enforce sanitary requirements, perform other duties necessary to conduct proper meat inspection and carry out the provisions of this chapter. The director may also assign personnel from the office of inspections to perform inspections under this chapter under the supervision of the chief veterinary meat inspector.

C. An inspector assigned to a slaughtering establishment with state meat inspection service shall neither be related to the management of such establishment nor have a financial interest therein.

D. Each inspector shall take the oath of office.
A.R.S. § 3-377 — Arizona Code / Title 3 / Chapter 2 / Article 6 / Section 377
3-377 Local regulation
Status: in_force

3-377. Local regulation

The provisions of this article and the rules which implement this article are of statewide concern and are not subject to further local regulation.
A.R.S. § 3-1301 — Arizona Code / Title 3 / Chapter 11 / Article 4 / Section 1301
3-1301 Gathering cattle for tournament or contest without consent of owner; classification
Status: in_force

3-1301. Gathering cattle for tournament or contest without consent of owner; classification

A person who knowingly gathers range cattle for the purpose of a tournament or contest for amusement or reward, or competition for prizes, or who engages in a steer-tying contest or exhibition of steer-tying, or who casts, ropes or throws a horse, cow or other kind of animal without the written consent of the owner, except in the necessary work done on the range or elsewhere in handling such animals, is guilty of a class 2 misdemeanor.
A.R.S. § 3-2094 — Arizona Code / Title 3 / Chapter 13 / Article 3 / Section 2094
3-2094 Inspections
Status: in_force

3-2094. Inspections

The division may conduct such inspections as it deems necessary to discover illegal meat or illegal meat food products and such inspections as it deems necessary in counties where the associate director determines that an adequate sanitary inspection is not conducted.
A.R.S. § 3-1334 — Arizona Code / Title 3 / Chapter 11 / Article 5 / Section 1334
3-1334 Inspection as to ownership of livestock
Status: in_force

3-1334. Inspection as to ownership of livestock

A. Livestock officers and inspectors, in making inspections, shall require from livestock auctions or the owner or person in charge of the livestock a list of the brands and marks or necessary evidence of ownership and shall determine by inspection of the livestock that the person in charge is the owner or an approved livestock auction or is authorized in writing to handle the livestock.

B. Feedlots, 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. § 3-363.01 — Arizona Code / Title 3 / Chapter 2 / Article 6 / Section 363.01
3-363.01 Reporting requirements; interagency agreement
Status: in_force

3-363.01. Reporting requirements; interagency agreement

A. The director of the Arizona department of agriculture may enter into an interagency agreement with the department of environmental quality to allow the director to collect the pesticide reports required pursuant to section 49-305, subsection B.

B. Rules adopted by the director pursuant to section 3-363, paragraph 6 shall not prevent the director from collecting the pesticide reports required pursuant to section 49-305, subsection B as a part of any interagency agreement entered into with the department of environmental quality.
A.R.S. § 3-238 — Arizona Code / Title 3 / Chapter 2 / Article 2 / Section 238
3-238 Cease and desist order; appeal
Status: in_force

3-238. Cease and desist order; appeal

A. The director may issue and enforce a written cease and desist order to the owner or custodian of any lot of agricultural, vegetable or ornamental plant seed which the director finds is in violation of any of the provisions of this article, which order shall prohibit further sale, processing and movement of the seed except on approval of the director, until the director has evidence that the law has been complied with and the director has issued a release of the seed from the cease and desist order.

B. The owner or custodian of seeds which have been denied further sale, processing and movement may request a hearing pursuant to title 41, chapter 6, article 10.

C. This section shall not be construed as limiting the right of the director to proceed as authorized by other sections of this article.
A.R.S. § 3-933 — Arizona Code / Title 3 / Chapter 7 / Article 2 / Section 933
3-933 Violation; civil penalty
Status: in_force

3-933. Violation; civil penalty

A. The knowing violation of this chapter or a rule, order or ordinance issued or adopted under this chapter is punishable by a civil penalty in an amount of not more than five thousand dollars.

B. The director may bring an action in superior court in the county in which a violation of this chapter or any rule or order is alleged to have occurred. On the finding of a knowing violation by the defendant in any such action the court may impose the civil penalty provided by this section in an amount as it deems appropriate for each violation.

C. Each day of violation constitutes a separate offense.

D. All civil penalties assessed pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 3-421 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 421
3-421 Violations; civil penalties; hearing; court action
Status: in_force

3-421. Violations; civil penalties; hearing; court action

A. A person who violates a marketing order or marketing agreement three times during a marketing season is subject to a civil penalty of at least fifty dollars but not more than five hundred dollars for the first offense and a civil penalty of at least one hundred dollars but not more than one thousand dollars for subsequent offenses. A person who intentionally violates a marketing order is subject to a civil penalty of at least one thousand dollars but not more than ten thousand dollars. Each day of violation is a separate offense. A person who knowingly furnishes a false report is subject to a civil penalty of five hundred dollars.

B. For civil actions, an administrative hearing may be obtained pursuant to title 41, chapter 6, article 10.

C. The director, marketing commission or marketing committee may apply to the superior court for a temporary restraining order or injunction if there are three or more violations of a marketing order, marketing agreement or this article or any rules adopted pursuant to this article during a marketing season. If the director, marketing commission or marketing committee is successful in the court action, the defendant may be required to pay the costs of prosecution. A court action may be brought in the county where the defendant resides or where the act or omission occurred or in the county of the state capital.

D. An action for penalties must be commenced within three years after the violation. The suspension, substantial change or termination of any marketing order or marketing agreement does not suspend or terminate any causes of action that have accrued under it.
A.R.S. § 3-3623 — Arizona Code / Title 3 / Chapter 20 / Article 3 / Section 3623
3-3623 Civil penalties; suspension
Status: in_force

3-3623. Civil penalties; suspension

A. The director may suspend a license, certification or registration without a hearing if the licensee fails within thirty calendar days to pay civil penalties imposed under this chapter or rules adopted pursuant to this chapter.

B. A licensee whose license is suspended under subsection A of this section must apply to the director for reinstatement.

C. A license, certification or registration suspended under subsection A of this section shall be revoked without a hearing after one year of suspension. Revocations under this subsection are not subject to section  3-3603, subsection A, paragraph  7.

D. The division shall not renew a license, certification or registration or broaden a certification until the person suspended under subsection A of this section is reinstated.
A.R.S. § 3-484 — Arizona Code / Title 3 / Chapter 3 / Article 4 / Section 484
3-484 Deputies and clerks; compensation; expenses
Status: in_force

3-484. Deputies and clerks; compensation; expenses

A. The compensation of the associate director shall be as determined pursuant to section 38-611. The associate director, with the approval of the director, shall fix the duties of each deputy and clerk. Compensation of the deputies and clerks shall be as determined pursuant to section 38-611.

B. The compensation of the associate director and all expenses properly incurred in the enforcement of this article, including compensation, travel and subsistence expenses and office expenses, shall be paid from the citrus, fruit and vegetable trust fund established by section 3-447.
A.R.S. § 3-1774 — Arizona Code / Title 3 / Chapter 12 / Article 4 / Section 1774
3-1774 Disposition of reactors
Status: in_force

3-1774. Disposition of reactors

A reactor shall be identified by having a "B" brand at least two inches square on the left jaw and by official reactor tag in the left ear and may be disposed of as follows:

1. Sold for slaughter at an establishment having municipal, state or federal meat inspection.

2. Shall be sold for interstate movement under existing rules and regulations of the U.S. department of agriculture.
A.R.S. § 3-450 — Arizona Code / Title 3 / Chapter 3 / Article 2 / Section 450
3-450 Exemption from citrus fruit standardization; definitions
Status: in_force

3-450. Exemption from citrus fruit standardization; definitions

A. The associate director shall exempt any citrus fruit commodity from all rules established pursuant to section 3-445, subsection B, paragraphs 1 through 5 and shall exempt the collection of assessments for the commodity subject to this article if the exemption is supported by at least fifty-one percent of the producers that produce at least fifty-one percent of the total quantity of that particular citrus fruit commodity that was marketed during the preceding year and all of the other requirements of this section have been met.  For the purposes of this subsection, "quantity" means the percentage of ownership interest a producer has in the marketed cartons.

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

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

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

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

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

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

E. If a shipper fails to return the ballot as prescribed by subsection D of this section, the associate director may audit the shipper to ensure compliance with section 3-449.03.

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

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

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

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

2. The notice requirements of this section.

3. The sufficiency of the submitted ballots.

4. The costs of the petition process.

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

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

K. For the purposes of this section:

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

2. "Year" means July 1 through June 30.
A.R.S. § 3-413 — Arizona Code / Title 3 / Chapter 3 / Article 1 / Section 413
3-413 Marketing commission; appointment; term
Status: in_force

3-413. Marketing commission; appointment; term

A. The marketing commission is composed of three to nine members with rotating terms of three years. Two-thirds of the members shall be appointed collectively by the director and associate director, from nominations of affected persons or representative commodity associations and one-third shall be selected by the other members of the marketing commission.

B. Members shall be selected to represent areas of this state that produce the affected commodity on the basis of the volume of total production in this state for the affected commodity.

C. The marketing commission shall be composed of persons who are regulated by the marketing order and shall include both producers and shippers if the marketing order regulates both categories.

D. Commission members are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
A.R.S. § 3-381 — Arizona Code / Title 3 / Chapter 2 / Article 6.1 / Section 381
3-381 Integrated pest management program
Status: in_force

3-381. Integrated pest management program

A. An integrated pest management program is established in the Arizona department of agriculture for the purposes of managing insects, diseases, nematodes, weeds and rodents, educating the public and agricultural community and integrating crop management and cultural practices, field scouting, economic thresholds and chemical and biological control to reduce the use of chemical pesticides.

B. The integrated pest management program shall include instruction, research and development components. These components shall be developed and administered in a manner which encourages the following:

1. Expanded research on biological and cultural pest management technologies and on crop and pest resistance technologies.

2. Use of sampling methods, economic thresholds, monitoring technology, pest forecasting and the effects of weather on pest and crop parameters.

3. Delivery of current and new integrated pest management technology to the agricultural industry through cooperative extension.

4. Minimized levels of pesticides in feed, food and the environment.

5. Minimized economic losses due to crop, animal and stored grain pests.
A.R.S. § 3-205 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 205
3-205 Abatement of nuisance not imminently dangerous; procedure; lien; foreclosure; release of lien; reimbursement costs and penalties to state for certain abatements; civil penalty
Status: in_force

3-205. Abatement of nuisance not imminently dangerous; procedure; lien; foreclosure; release of lien; reimbursement costs and penalties to state for certain abatements; civil penalty

A. If the director believes the danger to the agricultural and horticultural industry is not imminent, or if impractical for any reason to summarily abate the nuisance, as described in sections 3-203, 3-204, 3-206 and 3-207, the director shall not require summary destruction or eradication, but shall set forth the measures required to be taken by the owner or person in charge to control, suppress or eradicate the danger, and shall require the person, at the person's expense, to take and comply with the measures specified in the direction and subsequent directions.

B. The directions shall be made, given and served as prescribed for summary abatement, and if they are not complied with, the director may proceed as provided by the directions, and the expense shall be charged against the state.

C. If the plant or thing constituting the nuisance consists only of personalty and is not attached to land or contained in a building, enclosure, vehicle or place belonging to the person, the state shall have the same lien and it is enforceable in the same manner as provided for summary abatement of the nuisance under section 3-204.

D. If the plant or thing is attached to land or contained in a building, enclosure or vehicle that is the property of the person, the lien shall also attach to the land, building, enclosure or vehicle, and the director shall prepare and file in the office of the county recorder where the property is situated a notice of the lien, setting forth the amount and the name of the owner or person in charge, and stating that the amount of the lien shall be paid within thirty days from filing the notice, or otherwise the property will be subjected to payment thereof.

E. The lien shall be prior to all other liens against the property except liens for state and county taxes. If the amount of the lien is not paid within the thirty days, the county attorney, on written request of the director, shall foreclose the lien against the property impressed therewith as other liens are foreclosed.

F. On satisfaction of the lien, the director shall issue a release of the lien to the person against whom the lien was claimed. Such release shall be a document in a form as specified in section 11-480.

G. If the director is required to abate the nuisance of stub, soca or volunteer cotton following the refusal by the owner or person in charge or control of the nuisance to do so, the owner or person in charge or control of the nuisance shall reimburse the department for the actual costs of the state's abatement of the nuisance. An injunction shall not be granted to stay this state from abating the nuisance.  The director may request the cotton research and protection council to provide monies pursuant to section 3-1085, subsection B to help defray the department's cost of abatement until the owner or person in charge reimburses the department for those costs.  If the actual costs of abatement are not paid within ten days after the owner or person in charge receives notice of the amount of the costs, the director may impose a civil penalty of one hundred fifty per cent of the costs of abatement.  At the director's request, the attorney general shall file an action in superior court to recover civil penalties assessed pursuant to this subsection.  All civil penalties collected under this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the dangerous plants, pests and diseases trust fund established by section 3-214.01.
A.R.S. § 3-2903 — Arizona Code / Title 3 / Chapter 16 / Article 1 / Section 2903
3-2903 Regulatory powers of the director
Status: in_force

3-2903. Regulatory powers of the director

The director may:

1. Regulate the transportation, possession, sale, processing and fee fishing of aquatic animals and plants and establish licensing categories and programs for these activities as provided by this article.

2. Adopt rules as necessary to administer and enforce this article, including rules relating to:

(a) Container labels, bills of lading, bills of sale and similar documents that identify contents, quality and quantities of aquatic products, including the names, addresses and other identification of shippers, producers and buyers of aquatic products.

(b) Identification of aquatic animals that are transported whole by the consumer from a fee fishing facility.

3. Cooperate with agencies of the United States and of this state to promote the exchange of information and avoid unnecessary duplication of services and regulation. The director shall ensure that the rules adopted under this article shall not impair enforcement of restricted live wildlife rules as promulgated pursuant to title 17.

4. Cooperate with agencies of the United States and this state and universities and other academic and research institutions to promote research and the exchange of information to support and promote the interests of aquaculture.

5. Establish programs to publicize and promote the development of the aquaculture industry in this state.

6. Establish a schedule of fees to compensate for the expense of administering this article, including personnel costs. The amount of each fee shall be set according to the cost of the specific activity for which the fee is imposed.
A.R.S. § 3-2614 — Arizona Code / Title 3 / Chapter 15 / Article 1 / Section 2614
3-2614 Cease and desist orders
Status: in_force

3-2614. Cease and desist orders

If the director or an authorized agent has reasonable cause to believe a commercial feed or customer-formula feed is being distributed in violation of any of the provisions of this article or any of the rules adopted under this article, the director may issue and enforce a written or printed cease and desist order warning the distributor not to dispose of the feed in any manner until permission is given by the director or a court of competent jurisdiction. The director shall release the commercial feed or customer-formula feed subject to the order when the provisions and rules have been complied with and all costs and expenses incurred in the order have been paid. If compliance is not obtained within thirty days, the director may begin proceedings for condemnation.
A.R.S. § 3-3617 — Arizona Code / Title 3 / Chapter 20 / Article 2 / Section 3617
3-3617 Branch office; branch supervisor
Status: in_force

3-3617. Branch office; branch supervisor

A. A business licensee shall register each branch office with the director before the branch office opens for business.

B. Each branch office shall be supervised by a registered branch supervisor.
A.R.S. § 3-3493 — Arizona Code / Title 3 / Chapter 19 / Article 6 / Section 3493
3-3493 Area A; fuel reformulation; rules
Status: in_force

3-3493. Area A; fuel reformulation; rules

(L16, Ch. 232, sec. 27)

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

1. A gasoline that meets standards for federal phase II reformulated gasoline, as provided in 40 Code of Federal Regulations section 80.41, paragraphs (e) through (h), in effect on January 1, 1999, except that the minimum oxygen content standard does not apply.  The gasoline shall also meet the maximum vapor pressure requirements in section 3-3433, subsections D and F.

2. California phase 2 reformulated gasoline, including alternative formulations allowed by the predictive model, as adopted by the California air resources board pursuant to California Code of Regulations title 13, sections 2261 through 2262.7 and 2265, in effect on January 1, 1997, except that the minimum oxygen content standard does not apply.  The gasoline shall also meet the maximum vapor pressure requirements in section 3-3433, subsections D and F.

B. For the period beginning November 1 through March 31 of each year, all gasoline produced and shipped to or within this state and sold or offered for sale for use in motor vehicles in a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A, subject to an appropriate waiver granted by the administrator of the United States environmental protection agency pursuant to section 211(c)(4) of the clean air act as defined in section 49-401.01, shall comply with standards for California phase 2 reformulated gasoline, including alternative formulations allowed by the predictive model, as adopted by the California air resources board pursuant to California Code of Regulations title 13, sections 2261 through 2262.7 and 2265, in effect on January 1, 1997 and shall meet the maximum vapor pressure requirements in section 3-3433, subsections D and F. The fuel described in this subsection shall meet the requirements of section 3-3492, subsection A, paragraph 1.

C. Any registered supplier or oxygenate blender, as defined in division rules, may petition the associate director to request that all registered suppliers or oxygenate blenders be allowed to comply with standards other than the standards prescribed by section  3-3492, subsection A if the petitioner can demonstrate that ethanol supply shortages are imminent.

D. The petition shall:

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

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

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

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

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

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

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

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

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

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

I. This section does not apply to fuel sold for use at a motor vehicle manufacturer proving ground or at a motor vehicle racing event.
A.R.S. § 3-1771 — Arizona Code / Title 3 / Chapter 12 / Article 4 / Section 1771
3-1771 Definitions
Status: in_force

3-1771. Definitions

In this article, unless the context otherwise requires:

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

2. "Calfhood vaccination" means an official vaccination given to a female dairy or beef type animal at the age prescribed by the director.

3. "Dairy herd" means one or more dairy animals.

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

5. "Official vaccination" means a calfhood vaccination that is registered with the division, with a vaccine approved by the director on the state veterinarian's recommendation, and properly identified as such, given to a dairy type or beef animal at the age prescribed by the director and administered by a licensed veterinarian.

6. "Person" includes an individual, firm, corporation, company or association.

7. "Reactor" means an animal afflicted with brucellosis as determined by a test approved by the director, except an officially calfhood vaccinated animal under the age prescribed by the director on the state veterinarian's recommendation.

8. "Ultimate consumer" means the person drinking or consuming milk or milk products.
A.R.S. § 3-203 — Arizona Code / Title 3 / Chapter 2 / Article 1 / Section 203
3-203 Quarantine of infected and diseased plants; notice; hearing
Status: in_force

3-203. Quarantine of infected and diseased plants; notice; hearing

A. When a plant or any other thing is found infested or infected by or to contain or harbor a crop pest or disease, the director shall place thereon a written warning or notice, stating:

1. That the plant or thing is held under quarantine by the department.

2. That all persons are forbidden to remove or otherwise disturb the plant or thing pending further action by the department under section 3-204 or 3-205.

B. The director shall, as soon as practical, notify in writing the owner or person in charge of the plant or thing, if he can be found within the county, of his finding the crop pest or disease, stating the name thereof, and giving a sufficient description of the plant or thing by name, location or otherwise in order that it may be readily identified.

C. An owner or person in charge of a plant or thing that is subject to this section may request a hearing pursuant to title 41, chapter 6, article 10, but the request for a hearing shall not stay necessary abatement action under section 3-204 or 3-205.
A.R.S. § 3-3633 — Arizona Code / Title 3 / Chapter 20 / Article 4 / Section 3633
3-3633 Wood-destroying insect inspection reports
Status: in_force

3-3633. Wood-destroying insect inspection reports

A. Wood-destroying insect inspection reports may be completed only by an applicator who is certified in the category of wood-destroying organism management and who has received at least five hours of instruction from an in-house education program of the business licensee on the subject of wood-destroying insect inspection reports. An examination on the instruction is not required.  The business licensee shall keep a record of completion of the training and shall make the record available on the director's request.  The instruction requirement does not apply to certified qualified applicators.

B. Wood-destroying insect inspection reports shall be on file in the office of the business licensee within seven calendar days after the completion of an inspection. The business licensee shall retain a copy of all completed wood-destroying insect inspection reports for three years and make the reports available on the director's request.

C. Wood-destroying insect inspection reports are evidence of both the existence or absence of wood-destroying insects and conditions conducive to wood-destroying insects that were visible and accessible to an inspector at the time the inspection was made. A business licensee remains responsible for the accuracy of the inspection and the report as evidence of the presence or absence of infestation and conditions conducive to infestation on the date of inspection, except that a wood-destroying insect inspection report shall not be construed as a guarantee as to the presence or absence of wood-destroying insects and conditions conducive to wood-destroying insects in a structure after the date of inspection.

D. If a certified applicator is exempt from the business license requirement with respect to wood-destroying insect inspections pursuant to rules established by the director, the certified applicator shall fulfill the responsibilities placed on business licensees in this section.

E. A person shall not complete a wood-destroying insect inspection report for a property that the person owns or occupies.
A.R.S. § 3-241 — Arizona Code / Title 3 / Chapter 2 / Article 2 / Section 241
3-241 Exemptions; exceptions
Status: in_force

3-241. Exemptions; exceptions

A. The provisions of sections 3-237 and 3-242 do not apply:

1. To seed or grain not intended for sowing purposes.

2. To seed in storage in, or being transported or consigned to a cleaning or processing establishment for cleaning or processing, if the invoice or labeling accompanying any shipment of such seed bears the statement "seed for processing," and if any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to this article.

3. To any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier, if the carrier is not engaged in producing, processing, or marketing agricultural, vegetable or ornamental plant seed subject to provisions of this article.

B. No person shall be subject to the penalties of this article for having sold or offered or exposed for sale in the state any agricultural, vegetable or ornamental plant seeds, which were incorrectly labeled or represented as to kind, variety, type or origin, which seeds cannot be identified by examination thereof, unless he has failed to obtain an invoice or grower's declaration, if required, and to take such other precautions as are necessary to insure the identity to be that stated.