reglab/housing_qa huggingface dataset:
AZ Rev Stat § 3-343 (2021)
2021 Arizona Revised Statutes|Title 3 - Agriculture|§ 3-343 - Enforcement and administrative powers

3-343.  Enforcement and administrative powers A. This article shall be administered and its provisions and all rules adopted under this article shall be enforced by the associate director. B. The director may,  after a hearing: 1. Declare as a pest any form of plant or animal life or virus which is injurious to plants,  humans,  domestic animals,  articles or substances. 2. Determine whether or not pesticides present an unreasonable risk to humans. 3. Determine standards of coloring or discoloring for pesticides,  and subject pesticides to the requirements of section 3-352. C. The director may,  after a hearing,  make rules concerning safety in the distribution and sale of pesticides or devices. D. All rules adopted under authority of this article shall be divided into two classes to be known as " technical rules"  and " administrative rules" ,  such rules to be filed in the office of the secretary of state and subject to judicial review. E. The director may adopt administrative and technical rules deemed necessary to effectuate the purposes of this article,  but only after a hearing.
AZ Rev Stat § 3-344 (2021)
2021 Arizona Revised Statutes|Title 3 - Agriculture|§ 3-344 - Advisory committee; membership; appointment; duties; uniformity of labeling and standards of pesticides

3-344.  Advisory committee;  membership;  appointment;  duties;  uniformity of labeling and standards of pesticides A. The director may appoint an advisory committee as needed to assist and advise the director and associate director in adopting technical rules. The director shall designate the chairman. Meetings of the committee shall be held upon call of the associate director or director. Members of the committee shall serve without compensation,  but shall be entitled to reimbursement for expenses of travel and subsistence incurred in the performance of their duties,  which shall be paid from and limited by the pesticide trust fund. B. In order to avoid confusion endangering the public health,  which would result from diverse requirements,  particularly as to the labeling and coloring of pesticides,  and to avoid increased costs to the public due to the necessity of complying with such diverse requirements in the manufacture and sale of such pesticides,  it is desirable that there should be uniformity between the requirements of the several states and the federal government relating to such pesticides. To this end,  the director may after a hearing adopt rules applicable to and in conformity with primary standards established by this article as have been or may be prescribed by federal agencies with respect to pesticides.
AZ Rev Stat § 3-345 (2021)
2021 Arizona Revised Statutes|Title 3 - Agriculture|§ 3-345 - Publications; membership in professional organizations

3-345.  Publications;  membership in professional organizations A. The department may publish,  at such times and in such forms as the director deems proper,  information concerning the production and use of pesticides and reports of chemists' findings based on official samples taken of pesticides sold within the state as compared with guaranteed analyses registered under section 3-351. B. The director may authorize employees of the department to: 1. Join and subscribe to any state,  district,  regional or national organizations or publications relating to and dealing with pesticides. 2. Attend state,  district,  regional and national meetings relating to pesticides that in the director's discretion may be necessary or for the best interests of those affected by this article. C. Expenses authorized by this section shall be paid from and limited by the pesticide trust fund.
AZ Rev Stat § 3-346 (2021)
2021 Arizona Revised Statutes|Title 3 - Agriculture|§ 3-346 - Agreements with other agencies and states

3-346.  Agreements with other agencies and states The director with the advice of the associate director may cooperate with and after a hearing enter into agreements with any other agency of this state,  the United States government,  and any other state or agency thereof for the purpose of carrying out the provisions of this article and securing uniformity of regulations.
AZ Rev Stat § 3-347 (2021)
2021 Arizona Revised Statutes|Title 3 - Agriculture|§ 3-347 - Delegation of duties

3-347.  Delegation of duties All authority vested in the director under this article may with like force and effect be executed by his authorized representatives as he designates for such purpose.
AZ Rev Stat § 3-349 (2021)
2021 Arizona Revised Statutes|Title 3 - Agriculture|§ 3-349 - Restrictions upon enforcing officers

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.
AZ Rev Stat § 3-350 (2021)
2021 Arizona Revised Statutes|Title 3 - Agriculture|§ 3-350 - Pesticide trust fund

3-350.  Pesticide trust fund A. The pesticide trust fund is established for the exclusive purpose of implementing,  continuing and supporting the agricultural program established by this article. Except as provided in section 3-351,  subsection D,  paragraph 2,  all monies collected under the provisions of this article shall be deposited in the trust fund. B. The director shall administer the trust fund as trustee. The state treasurer shall accept,  separately account for and hold in trust any monies deposited in the state treasury,  which are considered to be trust monies as defined in section 35-310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. On notice from the director,  the state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35-313 and 35-314.03,  and monies earned from investment shall be credited to the trust fund. C. The beneficiary of the trust is the agricultural program established by this article. The trust fund shall be used solely for the purposes of this article on the order of the director. D. The pesticide trust fund shall be exempt from the provisions of section 35-190 relating to lapsing appropriations. Surplus monies,  including any unexpended and unencumbered balance at the end of the fiscal year,  do not revert to the state general fund.
AZ Rev Stat § 3-350.01 (2021)
2021 Arizona Revised Statutes|Title 3 - Agriculture|§ 3-350.01 - Experimental use permits

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.
AZ Rev Stat § 3-352 (2021)
2021 Arizona Revised Statutes|Title 3 - Agriculture|§ 3-352 - Prohibited acts

3-352.  Prohibited acts A. It is unlawful for any person acting independently or as agent to distribute: 1. Any pesticide that has not been registered pursuant to section 3-351,  or any pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration,  or if the composition of a pesticide differs from its composition as represented in connection with its registration,  but at the discretion of the director,  a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the product. 2. Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to such container,  and to the outside container or wrapper of the retail package,  if there is one,  through which the required information on the immediate container cannot be clearly read,  a label bearing: (a) The name and address of the manufacturer,  registrant or person for whom manufactured. (b) The name,  brand or trademark under which the article is sold. (c) The net weight or measure of the content subject,  however,  to such reasonable variations as the state may permit. 3. Any pesticide that contains any substance or substances in quantities highly toxic to humans,  determined as provided in section 3-343,  unless the label bears,  in addition to any other matter required by this article: (a) Warning statements or symbols required by regulation. (b) A statement of a practical treatment,  first aid or otherwise in case of poisoning by the pesticide. 4. Any pesticide that is adulterated or misbranded,  or any device that is misbranded. 5. Any pesticide the label of which does not contain necessary information,  which information the director has prescribed by rule. B. It is unlawful: 1. For any person to detach,  alter,  deface or destroy,  wholly or in part,  any label or labeling provided for in this article or rules adopted under this article,  or to add any substance to,  or take any substance from,  a pesticide in a manner that may defeat the purposes of this article. 2. For any person to use for his own advantage or to reveal,  other than to the director or proper officials or employees of the state or to the courts of the state in response to a subpoena,  or to physicians,  or in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes,  any information relative to formulas of products acquired by authority of section 3-351.
AZ Rev Stat § 3-353 (2021)
2021 Arizona Revised Statutes|Title 3 - Agriculture|§ 3-353 - Exemptions

3-353.  Exemptions A. The penalties provided for violations of subsection A of section 3-352 shall not apply to: 1. Any carrier while lawfully engaged in transporting a pesticide within the state,  if such carrier,  upon request,  permits the director or a designated agent to copy all records showing the transactions in and movement of the articles. 2. Public officials of the state and the federal government engaged in the performance of their official duties. 3. The manufacturer or shipper of a pesticide for experimental use only by or under the supervision of an agency of the state or of the federal government authorized by law to conduct research in the field of pesticides. B. No article shall be deemed in violation of this article when intended solely for export to a foreign country,  and when prepared or packed according to the specifications or directions of the purchaser. If not so exported,  all the provisions of this article shall apply.
AZ Rev Stat § 3-355 (2021)
2021 Arizona Revised Statutes|Title 3 - Agriculture|§ 3-355 - Enforcement procedures

3-355.  Enforcement procedures A. The results of official analyses of any pesticide which has been found to be subject to penalty or other legal action shall be forwarded by the department to the registrant or other responsible person and to the purchaser forthwith. Upon request within thirty days of issuance of the analytical report,  the department shall furnish to the registrant or other responsible person a portion of any sample found subject to penalty or other legal action. If it appears from such examination that a pesticide or device fails to comply with the provisions of this article,  and the director contemplates instituting criminal proceedings against any person,  the director shall cause appropriate notice to be given to such person. Persons so notified shall be given an opportunity to present their views,  either orally or in writing,  with regard to the contemplated proceedings. If thereafter in the opinion of the director it appears that the provisions of the article have been violated by such person,  the director shall refer a copy of the results of the analysis or the examination of such article to the department counsel. B. Nothing in this article shall be construed as requiring the director to report for prosecution or for the institution of condemnation proceedings minor violations of this article when the director believes that the public interests will be best served by a suitable notice of warning in writing. C. The director shall,  by publication,  give notice of all judgments entered in actions instituted under the authority of this article.
AZ Rev Stat § 3-356 (2021)
2021 Arizona Revised Statutes|Title 3 - Agriculture|§ 3-356 - Violations; criminal classification; injunctive relief

3-356.  Violations;  criminal classification;  injunctive relief A. Any person violating any provision of this article is guilty of a class 3 misdemeanor. A registrant who violates any provision of this article after having been issued a warning pursuant to this article is guilty of a class 1 misdemeanor. B. The director may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule adopted under this article notwithstanding the existence of other remedies at law. C. If any person,  with intent to defraud,  uses or reveals information relative to formulas of products acquired under authority of section 3-351,  the person is guilty of a class 1 misdemeanor. D. Any monies collected pursuant to this section shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
AZ Rev Stat § 3-361 (2021)
2021 Arizona Revised Statutes|Title 3 - Agriculture|§ 3-361 - Definitions

3-361.  Definitions In this article,  unless the context otherwise requires: 1. " Associate director"  means the associate director of the division. 2. " De minimis violation"  means a violation which,  although undesirable,  has no direct or immediate relationship to safety,  health or property damage. Repeated de minimis violations constitute a nonserious violation. 3. " Division"  means the environmental services division of the Arizona department of agriculture. 4. " Nonserious violation"  means a violation that may have had a direct or immediate relationship to safety,  health or property damage,  but which does not constitute a de minimis violation or a serious violation,  unless the violator did not,  and could not with the exercise of reasonable diligence,  know of such safety,  health or property damage risk in which case the violation is de minimis. 5. " Paraquat"  means the pesticide dimethyl-dipyridinium dichloride. 6. " Pesticide"  means any substance or mixture of substances intended to be used for defoliating plants or for preventing,  destroying,  repelling or mitigating insects,  fungi,  bacteria,  weeds,  rodents,  predatory animals or any form of plant or animal life which is,  or which the director may declare to be,  a pest which may infest or be detrimental to vegetation,  humans,  animals or households or which may be present in any environment. 7. " Pesticide use"  means the sale,  processing,  storing,  transporting,  handling or applying of a pesticide and disposal of pesticide containers. 8. " Restricted use pesticide"  means a pesticide classified as such by the United States environmental protection agency. 9. " Serious violation"  means a violation of this article or a rule adopted under this article which produces a substantial probability that death or serious physical harm could result,  unless the violator did not,  and could not with the exercise of reasonable diligence,  know of such safety or human health risk,  in which case the violation is nonserious.
AZ Rev Stat § 3-362 (2021)
2021 Arizona Revised Statutes|Title 3 - Agriculture|§ 3-362 - Powers and duties

3-362.  Powers and duties A. The director is responsible for administering this article and shall: 1. Conduct investigations,  on complaint and on his own initiative,  regarding violations of this article and compile information necessary to administer this article. 2. Take timely action necessary to enforce this article against violators including seeking injunctive relief and other penalties and sanctions authorized by this article. 3. Publish a list of pesticides,  by common and proprietary names,  which the director determines to be highly toxic,  odoriferous,  such as profenofos,  sulprofos,  def and merphos and other pesticides with similar odoriferous characteristics,  or otherwise appropriate for inclusion and shall include in that list paraquat and gramoxone. 4. Submit to the United States environmental protection agency a state plan for issuing,  monitoring,  and controlling experimental use permits pursuant to section 5 of the federal insecticide,  fungicide,  and rodenticide act (7 United States Code section 136c(f)). 5. Develop systems and procedures to encourage and ensure public contact with the department,  which may include: (a) A telephone hotline for pesticide complaints,  which is operated and publicized by the department. (b) Outreach and education programs to inform the general public and solicit input regarding pesticide use and public health,  safety and the environment. B. The director may enter into intergovernmental agreements pursuant to title 11,  chapter 7,  article 3 if the agreement is necessary to more effectively administer the powers and duties described in this article.
AZ Rev Stat § 3-363 (2021)
2021 Arizona Revised Statutes|Title 3 - Agriculture|§ 3-363 - Rules

3-363.  Rules The director shall adopt rules to regulate pesticides that include provisions to: 1. Administer and implement this article. 2. Prescribe measures to control,  monitor,  inspect and govern pesticide use. 3. Prohibit or restrict pesticide use. 4. Restrict the areas in which pesticide use may occur. 5. Prescribe minimum qualifications for all persons who engage in pesticide use,  including,  as appropriate,  requirements that the persons have valid licenses,  permits or certificates,  have adequate training,  including continuing education requirements,  and meet financial responsibility standards. 6. Prescribe appropriate recordkeeping and reporting requirements regarding pesticide use,  except that the recordkeeping and reporting requirements for growers and certified private applicators who apply pesticides shall be equivalent to,  but not more stringent than,  the requirements prescribed under the federal insecticide,  fungicide and rodenticide act (61 Stat. 163) and the food,  agriculture,  conservation and trade act of 1990 (P.L. 101-624;  104 Stat. 3359). 7. Prohibit pesticide use that is inconsistent with the pesticide label as required under the federal insecticide,  fungicide and rodenticide act (61 Stat. 163). 8. Exempt from regulation under this article pesticide use that is regulated in chapter 20 of this title. 9. Issue licenses,  permits and certificates for pesticide use,  as appropriate,  having terms of one or more years. 10. Charge and collect the following fees for each permit,  license and certification under this article: (a) Not more than twenty dollars per year for a grower permit. (b) Not more than one hundred dollars per year for a seller permit. (c) Not more than one hundred dollars per year for a custom applicator license. (d) Not more than fifty dollars per year for a pilot license. (e) Not more than fifty dollars per year for a pest control advisor license. (f) Not more than twenty-five dollars per year for a piece of equipment used to apply pesticides by a custom applicator. (g) Not more than fifty dollars per year for restricted use certification. (h) Not more than the amount set by the director by rule for a license or certificate for pesticide use on golf courses.  11. Establish a nonexclusive list of acts and omissions that constitute serious,  nonserious and de minimis violations of this article. 12. Establish a system of administrative penalties and fines for violations of this article and any rules adopted under this article. Under this system: (a) Violators shall be assessed a number of points for each violation,  depending on such factors as: (i) Potential and actual consequences of the violation on public and worker health and safety and the environment. (ii) The wrongfulness of the conduct. (iii) The degree of culpability of the violator. (iv) The duration of the violation. (v) Prior violations or citations. (b) Penalties shall be assessed depending on the number of points accrued by the violator.
AZ Rev Stat § 3-363.01 (2021)
2021 Arizona Revised Statutes|Title 3 - Agriculture|§ 3-363.01 - Reporting requirements; interagency agreement

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.
AZ Rev Stat § 3-364 (2021)
2021 Arizona Revised Statutes|Title 3 - Agriculture|§ 3-364 - Inspection powers; notice

3-364.  Inspection powers;  notice A. The director may enter at reasonable times into or on or through any public or private property for the purpose of ascertaining compliance or noncompliance with any rules or orders adopted or issued under this article. If practicable,  and if notice will not inhibit the director's ability to enforce this article,  the director or the director's agent shall notify the owner,  operator or lessee of the property when entering on the property. B. Within five days after the inspection the director shall inform any alleged violator in writing if the director anticipates an enforcement action. The notice of a potential enforcement action shall indicate the nature of the alleged violation and the last possible date for issuing a citation under section 3-368,  subsection F. If in the course of an investigation the department identifies any additional alleged violator,  the director shall inform the additional alleged violator within five days of initiating the new investigation. The notice of a potential enforcement action against the additional alleged violator shall indicate the nature of the alleged violation and the last possible date for issuing a citation or notice of de minimis violation under section 3-368,  subsection F. If the director does not issue a notice of a potential enforcement action,  the director shall inform the alleged violator within fifteen days after the inspection that the director does not anticipate any enforcement action.