reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-661 - Definitions

3-661.
Definitions
In this article,  unless the context otherwise requires:
1. " Associate director"  means the associate director of the division.
2. " Division"  means the animal services division of the Arizona department of agriculture.
3. " Label"  means any display of written,  printed or graphic matter on the immediate container of any real or trade product,  or any such matter affixed to any such product or affixed to or appearing upon a package or wrapping containing any such product. For purposes of this paragraph,  " container"  shall include the lid,  cap,  top or any other removable or separable part,  as well as the container itself.
4. " Real product"  or " real milk product"  means a dairy product which contains milk solids-not-fat and which may contain milk fat,  but in no event contains:
(a) Any other oils or fats.
(b) Any replacement or substitute for any part of the whole milk. A nutritious,  wholesome and healthful additive may be contained in such a product,  provided such additive is not a replacement or substitute for any part of the whole milk.
5. " Trade product"  means a product which has the appearance,  taste,  smell,  texture or color of,  but is not,  a real product;  which,  taken as a whole,  bears resemblance to or is in imitation of a real product,  or could be mistaken for a real product.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-662 - Manufacture or sale not prohibited

3-662.
Manufacture or sale not prohibited
This article does not prohibit the manufacture or sale of:
1. Trade products complying with this chapter.
2. Proprietary foods containing milk or skim milk to which have been added any fat or oil other than milk fat if these foods are clearly labeled to show their composition and the fact that they are to be sold exclusively for use as directed by a physician or a registered nurse practitioner for the feeding of invalids and children.
3. Real products flavored with chocolate or cocoa,  with the presence of cocoa fat in an amount not exceeding that which is naturally present in the chocolate or cocoa used.
4. Real products the vitamin content of which is increased with the presence of a food oil as a carrier of such vitamins,  if the quantity of such food oil does not exceed one one-hundredth per cent of the weight of the finished real products.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-663 - Labeling and advertising

3-663.
Labeling and advertising
A. A trade product shall not be advertised,  displayed for sale,  or sold in any manner or under any circumstances or conditions likely to mislead,  deceive or confuse the public into believing the product is a real product.
B. Real or trade products,  wherever packaged,  shall not be sold or distributed in this state except in containers whose labels comply with federal regulations applicable to interstate shipments of real or trade products.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-665 - Plant licensing

3-665.
Plant licensing
A. It is unlawful to engage in the manufacture of trade products unless a license for the then current calendar year for each separate plant or place used for such business is issued by the associate director pursuant to this section.
B. Each application for a license shall be in such form as the associate director prescribes,  and shall be accompanied by a fee of one hundred dollars. Where trade products are manufactured in a milk distributing plant,  the fee paid to license such plant shall be applied to reduce the fee prescribed in this subsection.
C. The associate director shall issue to each applicant that satisfies the requirements of this chapter a license which entitles the applicant to manufacture,  sell,  or distribute trade products for the then current calendar year,  unless the license is sooner revoked or suspended.
D. The license shall expire at the end of each calendar year,  but shall remain in force during the month of January of the next succeeding year or such part of the month as may be necessary for the renewal of the license.
E. It is unlawful for any person to sell,  give away or deliver any trade product which has been produced in a plant that is in an insanitary condition.
F. Grounds for revocation or suspension of such license shall be the manufacture of trade products under unhealthful or insanitary conditions or in any manner which violates the provisions of this chapter.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-667 - Rules and orders; delegation of duties; regulation of interstate products

3-667.
Rules and orders;  delegation of duties;  regulation of interstate products
A. The director shall adopt rules and orders that are necessary to carry out the purposes of this article,  and that he determines are necessary to protect the public health and welfare,  and to prevent deception or confusion among consumers. For labeling purposes only,  the associate director may divide into categories the various trade and real milk products as being fluid milk,  manufactured milk or food-predominantly-milk products. Any duties vested in the associate director by this article and delegable under law may be delegated by him to duly authorized employees or agents.
B. Notwithstanding any other provisions of this article,  the director shall by rule make provisions for the transportation into the state and subsequent sale of trade products produced outside the state and labeled in accordance with federal law.
C. Notwithstanding any other provisions of this article,  the director may by rule waive any of the provisions of this article as they apply to trade products manufactured for sale and distribution exclusively outside of this state,  provided that the rules contain provisions ensuring that the products will not be made available or sold to consumers in this state.
D. All rules shall be adopted by the director only after open hearing at which interested parties shall be permitted to be heard. Any person desiring actual notice of the proposed enactment of rules shall notify the department in writing that he desires such notice. Twenty days prior to the date of a hearing on any proposed rule,  the director shall send,  by certified mail,  a copy of the notice prescribed in section 41-1022 to each such person at the address supplied to the department.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-669 - Deposit of monies; appropriation

3-669.
Deposit of monies;  appropriation
All monies received by the department for any purpose under this article shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund. Legislative appropriations for the administration of this article shall be as for other state offices.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-670 - Violation; classification; injunctive relief and penalty for contempt

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.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-703 - Definitions of inedible eggs

3-703.
Definitions of inedible eggs
In this article,  unless the context otherwise requires:
1. " Addled"  or " white rot"  means putrid or rotten.
2. " Adherent yolk"  means the yolk has become fastened to the shell.
3. " Adulterated eggs"  are eggs that are filthy,  putrid,  decomposed or otherwise unfit for food in whole or in part.
4. " Denatured eggs"  are eggs made unfit for human food by treatment or the addition of a foreign substance or ordure or chemical.
5. " Inedible eggs"  are those described and classed as black rots,  white rots,  mixed rots (addled eggs),  sour eggs,  eggs with green whites,  eggs with stuck yolks,  moldy eggs,  musty eggs,  eggs showing blood rings,  denatured eggs,  adulterated eggs,  or eggs containing embryo chicks (at or beyond the blood ring stage),  eggs containing large blood and meat spots,  or any other eggs that are filthy,  decomposed or putrid.
6. " Loss"  means eggs that are inedible,  smashed,  broken so that the contents are leaking,  contaminated,  or which contain bloody whites,  large blood spots,  large unsightly meat spots or other foreign material.
7. " Moldy"  or " black spot"  or " black rot"  means the presence of mold or bacteria inside the shell.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-709 - Supervisor of egg inspection; egg inspectors

3-709.
Supervisor of egg inspection;  egg inspectors
A. The associate director,  with the approval of the director,  shall employ a supervisor of egg inspection. The supervisor shall qualify by taking and filing the official oath of office. He shall be possessed of not less than three years' experience in the production,  sale and determining of standards and grades of eggs. He shall be possessed of technical and educational qualifications or practical experience in the handling and inspection of eggs,  and in all matters relating to the egg industry.
B. The associate director shall employ egg inspectors and the director may assign personnel from the office of inspections to perform any of the inspection-related activities prescribed by this article under the direction of the supervisor. Egg inspectors employed by the associate director must be certified by the United States department of agriculture. The duties of inspectors shall be to inspect,  weigh and examine dried eggs,  frozen eggs and eggs in the shell being advertised or offered for sale to determine the condition,  quality,  grade and weight thereof. They may examine records of a person advertising or offering for sale eggs or egg products. They shall enforce the provisions of this article and other laws relating to the sale of eggs under the supervision and direction of the director.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-712 - Sampling; methods; sample as evidence

3-712.
Sampling;  methods;  sample as evidence
The director shall prescribe methods in conformity with the United States department of agriculture specifications of selecting samples of lots,  cases or containers of eggs or egg products which shall be reasonably calculated to produce fair representations of the entire lots or cases and containers sampled. Any sample taken shall be prima facie evidence in any court in this state of the true condition of the entire lot,  case or container of eggs or egg products in the examination of which the sample was taken.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-714 - Annual licensing; application; fee; display; exceptions

3-714.
Annual licensing;  application;  fee;  display;  exceptions
A. No person shall act as a dealer,  producer-dealer or manufacturer engaged in the business of buying,  candling,  grading,  peddling,  distributing,  dealing in or trading in eggs or egg products for resale within this state or engage in the business of breaking eggs for resale within this state without first obtaining a license from the division.
B. Applications for the license shall be made in writing upon forms obtained from the division,  accompanied by a license fee as provided by this section.
C. The annual license fee shall be twenty-five dollars for each place or location where the business of the applicant is being or will be conducted. An exclusive retailer selling to consumers only is exempt from the license fee. The license shall be conspicuously displayed and posted at each place or location where the business of the licensee is conducted. Licenses shall expire on February 28 following the issuance thereof. A new license may be obtained for an additional period of one year upon written application and payment of a fee of twenty-five dollars for each place or location where the business is being or will be conducted.
D. Each applicant for a license shall state the name and address of the applicant,  the location of each place or location where the business of the applicant is being or is intended to be conducted and that the applicant will in the conduct of the business comply with this article and the rules adopted pursuant to this article.
E. The provisions of this section shall not apply to consumers or persons who are exclusively retailers of egg products.
F. Persons handling eggs in a retail establishment for retail sale only to a consumer,  or eggs which have been candled,  graded and sold by a producer or a licensed person under this section,  having proper refrigeration facilities for handling and storing the eggs at their retail place of business,  shall not be subject to the licensing provisions of this section.
G. The licensing provisions of this section shall not apply to retailers complying with section 3-715,  subsection A.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-716 - Inspection fees; report and payment by dealers; exception; penalty; collection

3-716.
Inspection fees;  report and payment by dealers;  exception;  penalty;  collection
A. An inspection fee of not more than three mills per dozen on shell eggs and three mills per pound on egg products shall be paid by a dealer,  producer-dealer,  manufacturer or producer on all eggs and egg products regardless of origin,  sold to a retailer,  hotel,  hospital,  bakery,  restaurant,  other eating place or consumer for human consumption within this state. Inspection fees on eggs used for the purpose of breaking,  freezing or drying shall be paid by the manufacturer,  dealer or distributor if sold or offered for sale to retailers or consumers for human consumption within this state.
B. If it appears that the revenue derived from inspection fees is more than is required for the administration of this article,  the director may decrease the inspection fee and at any time thereafter may increase or decrease the inspection fee,  but at no time shall it exceed an amount of three mills per dozen on shell eggs or three mills per pound on egg products.
C. All manufacturers,  dealers,  producer-dealers and producers shall file:
1. A quarterly report with the department showing the name and address of the manufacturer,  dealer,  producer-dealer or producer.
2. The number of dozen of eggs or pounds of egg products sold or delivered for the period to retail stores,  hotels,  hospitals,  bakeries,  restaurants,  other eating places or consumers for human consumption within this state.
D. The report shall be accompanied by check or money order covering the inspection fee total of a value equal to the inspection fee in force at that time on all eggs or egg products shown on such report within thirty days following the close of quarterly report periods.
E. The records shall be retained for a period of one year and shall be open at all times to the inspection of the department.
F. Notwithstanding the requirements of this section,  twenty-five cases per year of nest run eggs as provided in section 3-715 may be sold by any person to retailers or consumers without being subject to the report and inspection fee as provided by this section.
G. In addition to the inspection fees prescribed by this section,  a penalty of ten per cent shall be added for the delinquent filing of any report or the delinquent payment of any inspection fee,  and if the report and payment are not made within ten days after notification of delinquency,  the penalty shall be twenty-five per cent of the inspection fee. Persons filing a false report shall be penalized fifty per cent of the amount due for inspection fees. The penalties prescribed by this section shall be deposited in the state egg inspection trust fund.
H. Such inspection fees and penalties shall be collected by civil action filed by the county attorney.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-717 - State egg inspection trust fund

3-717.
State egg inspection trust fund
A. All fees provided by this article shall be paid to the department,  which shall issue a receipt for such fees. The department shall deposit the full amount in a special fund known as the state egg inspection trust fund. The trust fund is established for the exclusive purpose of implementing,  continuing and supporting the agricultural programs established by this article.
B. The director shall administer the trust fund as trustee. The state treasurer shall accept,  separately account for and hold in trust any monies deposited in the state treasury,  which are considered to be trust monies as defined in section 35-310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. On notice from the director,  the state treasurer shall invest and divest any trust fund monies deposited in the state treasury pursuant to sections 35-313 and 35-314.03,  and monies earned from investment shall be credited to the trust fund.
C. The beneficiaries of the trust are the agricultural programs established by this article. The trust fund shall be used exclusively for the purposes of this article on the order of the director.
D. Monies deposited in the state egg inspection trust fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. Surplus monies,  including any unexpended and unencumbered balance at the end of the fiscal year,  do not revert to the state general fund.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-718 - Sale of eggs; invoice; deterioration of eggs below grade; exceptions

3-718.
Sale of eggs;  invoice;  deterioration of eggs below grade;  exceptions
A. Every person selling eggs or egg products to a producer-dealer,  dealer,  retailer,  manufacturer,  hotel,  hospital,  bakery,  restaurant or other eating place,  or consumer shall furnish an invoice showing the date of sale,  the exact quantity of eggs or egg products,  size and grade of the eggs,  or nest run,  according to the standards prescribed pursuant to this chapter,  together with the name and address of the person buying and selling the eggs. An egg purchase ticket given by a dealer or producer-dealer to a producer when the producer sells nest run eggs to such dealer or producer-dealer complies with this section. A copy of the invoice or egg purchase ticket shall be kept on file by the seller and the buyer at their respective places of business for a period of thirty days and shall be open at all reasonable times to inspection by an inspector.
B. A person having eggs marked in accordance with the invoice who keeps the eggs for such time after they are purchased as to cause them to deteriorate to a lower grade or size and then offers or exposes them for sale under the mark of the invoice grade or size violates this article.
C. No invoice shall be required on eggs when sales are made by the producer from eggs produced on the producer's premises and sold direct to the consumer.
D. No invoice shall be required on eggs sold or delivered by a retailer when selling eggs from the retailer s establishment to consumers.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-719 - Reuse of standard cases and other containers; identification of eggs; expiration date markings; exceptions

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.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-720 - Containers not requiring markings; department of agriculture grades

3-720.
Containers not requiring markings;  department of agriculture grades
A. No markings are required on cases,  containers or subcontainers of eggs:
1. When a case,  half case or container contains properly-marked cartoned or packaged eggs.
2. When sold to and packed on a contract basis for the United States armed forces or United States government institutions if labeled with United States department of agriculture grades.
3. When packed for shipment or being shipped to points outside the state.
4. When sales are made by the producer from eggs produced on his own premises and sold direct to the consumer.
5. When being delivered from outside the state to dealers in the state for candling and grading.
6. When being delivered to or when in possession of a dealer for candling and grading,  when being delivered to cold storage,  when in cold storage or when being removed from cold storage,  except that eggs which have been in an incubator shall be marked " hatchery test"  together with the name and address of the hatchery of origin.
B. Eggs marked with United States department of agriculture grades as referred to in subsection A,  paragraph 2,  shall be considered in compliance with the rules prescribed under this chapter if the eggs so marked as to grade and size meet requirements of the comparable quality,  grade and size designation prescribed under this chapter. Eggs shall not be marked with United States grade designations of a lower quality or size than comparable grades prescribed under this chapter.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-721 - Trade-mark; filing; reuse

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.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-723 - Price advertisements; designation of size and grade of eggs

3-723.
Price advertisements;  designation of size and grade of eggs
Advertising by sign,  placard or otherwise the price at which chicken eggs are offered for sale without marking the full,  correct and unabbreviated designation of size and grade of the eggs,  or nest run,  according to the standards prescribed pursuant to this chapter on the advertisement is prohibited.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-724 - Misrepresentation of quality

3-724.
Misrepresentation of quality
A. No person shall advertise or sell eggs as fresh eggs or represent them to be fresh eggs unless they meet the requirements for grade A or better.
B. No person shall advertise,  represent or sell eggs as local eggs unless the eggs have been produced within this state and meet the requirements for grade A or better.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-725 - Egg products; rules; out-of-state products; sanitary certificate

3-725.
Egg products;  rules;  out-of-state products;  sanitary certificate
A. Egg products shall not be sold in this state for human consumption unless the eggs used in such egg products have been candled to eliminate inedibles prior to removing the liquid from the shell and all further handling is pursuant to the rules prescribed under this chapter concerning sanitary requirements for separate egg breaking rooms,  the quality and type of eggs to be broken and the labeling,  freezing and storing of the product. Such egg products shall have been pasteurized by approved methods except as otherwise permitted by rules prescribed pursuant to this chapter.
B. Egg products prepared outside of the state,  but within the United States,  shall have been prepared only from eggs fit for human food and are at all times subject to the state rules for sampling and inspection procedure and subject to a reasonable inspection fee as provided in section 3-716.
C. As used in this section with relation to egg products,  the standards of quality as determined by organoleptic inspections and laboratory analysis tests shall be as formulated by the United States department of agriculture. An inspector may take samples of any egg products within the state for laboratory analysis tests for the purpose of determining whether or not any provisions of this article have been violated.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-726 - Imported egg products; permit; inspection; certificate; containers; fee

3-726.
Imported egg products;  permit;  inspection;  certificate;  containers;  fee
A. A person shall not sell for human consumption in this state egg products imported into the state from without the United States until they have been inspected by an inspector and are found to be fit for human consumption and unless a permit authorizing the sale has been issued. An inspector shall cause an inspection of the egg products to be made,  and if they are found to be fit for human consumption,  the division shall issue to the importer or consignee a permit authorizing the sale thereof,  together with certificates of inspection equal in number to the containers in which the egg products are packed.
B. The certificates of inspection shall be in the form the division deems appropriate and shall have printed upon a white background in plain black letters not less than one inch high,  frozen eggs,  liquid eggs,  dried eggs or egg products imported into the state of Arizona from without the United States,  and inspected (inserting the date) by the Arizona department of agriculture. The certificates shall be printed upon gummed,  adhesive labels,  and the importer or consignee shall affix or cause to be affixed one certificate to each container so that the inspection certificate shall be plainly visible to the buyer.
C. The egg products referred to in subsection A imported into the state from without the United States shall be sold only in or from the original container. No certificate of inspection shall be removed from the container or defaced,  and no container upon which an inspection certificate has been affixed shall be used as a receptacle for egg products imported into the state from without the United States which have not been inspected and pronounced fit for human consumption.
D. The importer or consignee shall pay in advance for the inspection. The inspection fee for each certificate shall be fixed by the director in accordance with the fees and charges of the United States department of agriculture.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-727 - Refrigeration of eggs and egg products

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.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-728 - Nonconforming eggs; refusal of carrier to ship; reservation in bill of lading

3-728.
Nonconforming eggs;  refusal of carrier to ship;  reservation in bill of lading
A person,  forwarding company or common carrier may decline to ship or transport eggs or egg products when notified by an inspector that the eggs or egg products are not in conformity with the provisions of this article,  and any person,  forwarding company or common carrier may reserve the right in the receipt,  bill of lading or other writing given to the shipper to reject for shipment and to return to,  or hold at the expense and risk of the shipper,  eggs or egg products which upon inspection are found not in conformity with this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-729 - Violation by transporting agency

3-729.
Violation by transporting agency
A person,  forwarding company or common carrier transporting eggs or egg products at the request of the shipper or owner shall not be deemed in violation of this article unless the person,  forwarding company or common carrier wilfully fails or refuses to stop the transportation thereof with reasonable dispatch after notice in writing by the director that the eggs or egg products are found delivered for shipment in violation of this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-730 - Nonconforming eggs as nuisance; procedure for handling and abatement

3-730.
Nonconforming eggs as nuisance;  procedure for handling and abatement
A. Eggs or egg products prepared,  packed,  stored,  delivered for shipment,  delivered for sale,  loaded,  shipped,  transported or sold in violation of this article,  together with their cases,  cartons or containers,  are declared a public nuisance,  and the eggs or egg products shall be held by the person in possession and shall not be moved from the place where held,  except upon written permission or specified direction of the director.
B. An inspector may affix a warning tag or notice to the eggs or egg products and may give notice of the violation to the producer,  manufacturer,  dealer,  owner or any person in possession of the eggs or egg products. If the person,  after notice,  refuses or fails within seventy-two hours to proceed with due diligence to recondition or remark the eggs or egg products so as to comply with this article,  the eggs or egg products,  and their cases,  cartons or containers,  may be seized by a law enforcement officer. When the eggs or egg products are in cold storage the seventy-two hour period does not commence to run until the eggs or egg products are removed from storage and delivered to a dealer or producer.
C. The county attorney of the county in which the nuisance exists,  on the relation of the director,  shall maintain in the name of the state a civil action to abate and prevent the nuisance. If the court finds a nuisance exists,  the court shall order the eggs or egg products condemned and destroyed in the manner directed by the court,  or reconditioned,  remarked,  denatured or otherwise processed,  or released upon such conditions as the court may prescribe to insure that the nuisance will be abated. If the owner fails to comply with the order of the court within the time specified,  the court may order disposal of the eggs or egg products,  and their cases,  cartons or containers,  or the sale thereof,  under such conditions as the court may prescribe,  by the director,  the sheriff or the constable. In the event the court orders any of the eggs or egg products and their cases,  cartons or containers which can be salvaged to be sold,  the cost of disposal shall be deducted from the proceeds of the sale and the balance paid into court to be delivered to the owner.
D. In actions arising under this section,  the superior court has original jurisdiction.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-732 - Eggs bearing warning tag or notice; removal of tag or movement of containers prohibited

3-732.
Eggs bearing warning tag or notice;  removal of tag or movement of containers prohibited
No person shall move any eggs or their cases,  cartons or containers to which a warning tag or notice has been affixed or remove the warning tag or notice from the place where it is affixed,  except upon written permission or specific direction of the director.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-733 - Unlawful acts and conduct

3-733.
Unlawful acts and conduct
The following acts or conduct are unlawful:
1. Failure to comply with a lawful order of the department,  or of a court,  in a proceeding under the provisions of this article.
2. Refusal to submit eggs or egg products or a case,  carton,  container,  subcontainer,  lot,  load or display of eggs to inspection or to refuse to stop,  at the request of an authorized representative of the department,  any vehicle transporting eggs or egg products.
3. Failure to appear in court at the time and place designated in a written promise given after arrest in accordance with the provisions of this article,  regardless of the disposition of the offense originally charged.
4. Making a statement,  representation or assertion in writing,  or by any other manner or means whatever,  concerning the grade,  size,  weight,  condition of or any other matter relating to advertising and selling eggs and egg products which is false,  deceptive or misleading in any particular.
5. Furnishing an invoice,  statement or bill showing the size,  grade,  representation of freshness or any other description of eggs or egg products which is false,  deceptive or misleading in any particular.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-735 - Arrests; appearance before magistrate; notice; written promise to appear; bail

3-735.
Arrests;  appearance before magistrate;  notice;  written promise to appear;  bail
A. When a person is arrested for transporting eggs or egg products in violation of this article,  unless he demands the right to an immediate appearance before a magistrate,  the arresting officer,  upon production of satisfactory evidence of the identity of the person arrested,  shall take his name and address,  the license number of his motor vehicle and such other information as may be necessary,  and notify him in writing to appear at a time and place specified in the notice not less than five days after arrest before a magistrate of the precinct in which the offense is alleged to have been committed,  and if the defendant gives his written promise to appear at the time and place specified,  the arresting officer shall forthwith release him from custody.
B. When the defendant refuses to give a written promise to appear,  or demands an immediate appearance before a magistrate,  he shall be taken forthwith before a magistrate of the precinct in which the offense is alleged to have been committed. He shall then be entitled to not less than five days continuance in which to plead or prepare for trial unless he waives the time and gives written promise to appear at such time and place as the court may fix,  or,  if he refuses to give the promise,  the court may fix bail,  and when given the defendant shall be released from custody.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-736 - Venue; evidence

3-736.
Venue;  evidence
A. A prosecution for a violation of this article may be instituted in the precinct of the county where any part of the offense occurred.
B. Evidence taken in one county may be admitted as evidence in a prosecution in another county.
C. The director may,  while enforcing the provisions of this article,  seize and hold as evidence any advertisement,  sign,  placard,  invoice,  case,  carton or container of eggs or egg products or all or any part of any pack,  load,  lot consignment or shipment of eggs or egg products packed,  stored,  delivered for shipment,  loaded,  shipped,  transported,  or sold in violation of any provision of this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-737 - Violations; classification

3-737.
Violations;  classification
A. A person violating any provision of this article,  filing a false report,  or interfering with an inspector in the discharge of his duties is guilty of a class 3 misdemeanor.
B. In addition,  a violation of any of the provisions of section 3-716 is punishable as provided in subsection G of section 3-716.
C. In addition,  a violation of section 3-730 is punishable as provided in subsection C of section 3-730.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-738 - Appeal inspections

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.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-739 - Violations; civil penalties; exception

3-739.
Violations;  civil penalties;  exception
A. A retailer,  dealer,  peddler,  shipper,  seller or purveyor of shell eggs or egg products,  who has received a written notice of violation of this article from the department and who after receipt of the notice commits a subsequent violation of the same provision which was stated in the notice,  shall be subject to a civil penalty as follows:
1. For the first subsequent violation,  at least fifty but not more than two hundred fifty dollars.
2. For the second and all subsequent violations,  at least one hundred but not more than five hundred dollars.
B. The department shall establish by rule criteria for determination of civil penalties imposed under this section. Any civil penalties collected pursuant to this section shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
C. This section does not apply to the regulation of grade and weight standards pursuant to this article,  or to tempering of shell eggs or egg products as required in food preparation.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-901 - Definitions

3-901.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Associate director"  means the associate director of the division.
2. " Division"  means the environmental services division of the Arizona department of agriculture.
3. " State agency"  means any agency or political subdivision of the state.
4. " State land"  includes land owned by this state or by a state agency.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-905 - Destruction of protected plants by state

3-905.
Destruction of protected plants by state
A. Except in an emergency,  if a state agency proposes to remove or destroy protected native plants over an area of state land exceeding one-fourth acre,  the agency shall notify the department in writing as provided in section 3-904 at least sixty days before the plants are destroyed,  and any such destruction must occur within one year of the date of destruction disclosed in the notice. The department shall post and disseminate copies of the notice as provided in section 3-904,  subsection E. This state and its agencies and political subdivisions are exempt from any fees established for salvaged plants.
B. If the director determines that the proposed action by the state agency may affect a highly safeguarded plant,  he shall consult with the state agency and other appropriate parties and use the best scientific data available to issue a written finding as to whether the proposed action would appreciably reduce the likelihood of survival or recovery of the plant taxon in this state. If the determination is affirmative,  the director shall also specify reasonable,  prudent and distinct alternatives to the proposed project that can be implemented and are consistent with conserving the plant taxon.
C. The director shall adopt rules for the disposal and salvage of native plants subject to removal or destruction by a state agency either under permit to other government agencies or nonprofit organizations or sale to the general public or commercial dealers. The department may issue permits to donate,  sell,  salvage or harvest the plants after the it ascertains the validity of the request and determines the kinds and approximate number of the plants involved. The permit shall specify the number and species of protected native plants and the area from which they may be taken.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-907 - Cutting or removal of harvest restricted plants for their by-products, fiber or wood; procedures; exceptions

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.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-909 - Shipment of plants; exhibition of permit and certificate of inspection to carrier; sale of highly safeguarded plants

3-909.
Shipment of plants;  exhibition of permit and certificate of inspection to carrier;  sale of highly safeguarded plants
A. No person or common carrier may transport a plant,  or any part of a plant,  belonging to the protected group,  nor receive or possess a protected native plant for transportation within or without this state,  except for manufactured wood articles,  unless the person offering the plant for shipment exhibits to the person or common carrier a valid written permit for the transportation of the plant or part of a plant and has securely and properly attached a valid required native plant tag and seal to the plant. If for transport without the state,  the plant shall also bear a certificate of inspection by the department. All protected native plant species or varieties,  not grown in Arizona and imported into this state,  shall be transported directly to a department field office at which a movement permit and seals must be purchased before proceeding to the final destination.
B. Plants of the protected group that are shipped into this state shall be accompanied by all permits,  tags and seals required by the exporting state or country.
C. It is unlawful for a person to commercially sell or offer for commercial sale in interstate commerce any highly safeguarded native plant or in the course of interstate commercial activity to deliver,  receive,  carry,  transport or ship by any means any such plant in furtherance of a commercial sale or offer for commercial sale.