reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-218 - Citrus budwood certification; fee

3-218.
Citrus budwood certification;  fee
A. The director may direct a state citrus budwood certification program. Under the program,  inspectors may:
1. Monitor the fumigation of blocks of citrus trees.
2. Monitor the transplanting of seedlings from the seed bed.
3. Monitor the cutting of budwood from mother blocks or other certified blocks within a twenty-four hour period.
4. Tag certified citrus trees with certified tags.
5. Map blocks in a certified nursery.
6. Audit records that are kept by the nursery and by private inspection associations.
B. The director may assess a fee of not more than ten cents per budwood to cover the costs of implementing the citrus budwood certification program. The director shall establish the amount of the fee by rule pursuant to a cooperative agreement among the department,  private inspection associations and the university of Arizona,  Yuma Mesa agricultural center. The director shall deposit revenues collected from the fee in the dangerous plants,  pests and diseases trust fund established by section 3-214.01.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-221 - Agreements for joint exercise of powers; review by attorney general; continuing obligation

3-221.
Agreements for joint exercise of powers;  review by attorney general;  continuing obligation
A. The director may enter into agreements with adjoining states for the joint exercise of power in the construction and operation of inspection stations or other necessary facilities within the boundaries of this state or the adjoining state and the director may contract for such construction by an adjoining state if such method is determined to be economically feasible.
B. Any such agreement made with an adjoining state shall be submitted to the attorney general who shall determine whether the agreement is in proper form and is within the powers and authority of the laws of this state.
C. No agreement made under the provisions of this article shall relieve the department of any obligation or responsibility imposed upon it by law or by the Constitution of Arizona.
D. The director may by administrative arrangement or by contract make agreements for the operation of the inspection station which are not precluded by law or the constitution.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-223 - Interdivision livestock inspection

3-223.
Interdivision livestock inspection
The plant services division,  the animal services division and the office of inspections shall cooperate to provide livestock inspections at border inspection stations or department offices as required under section 3-1332,  subsection E and to train the appropriate personnel to perform the livestock inspections.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-232 - Enforcement of article

3-232.
Enforcement of article
A. The director shall enforce the provisions of this article. The director shall:
1. Sample,  inspect,  analyze and test agricultural,  vegetable and ornamental plant seed transported,  sold or offered or exposed for sale for sowing purposes,  as provided by section 3-233 and to the extent he deems necessary to determine whether the agricultural,  vegetable and ornamental plant seeds are in compliance with the provisions of this article,  and he shall notify promptly the person who transported,  sold,  offered or exposed the seed for sale of any violation.
2. Prescribe and,  after public hearing following due public notice,  adopt rules governing:
(a) The methods of sampling,  inspecting,  analyzing,  testing and examining agricultural,  vegetable and ornamental plant seed and the tolerances to be followed in the administration of this article that comply with the federal seed act (7 United States Code sections 1551 through 1611;  53 Stat. 1275) and the rules and regulations promulgated under that act.
(b) A prohibited and restricted noxious weed list and subsequent revisions to the list.
(c) Reasonable standards of germination for vegetable seeds.
(d) Such other rules as are necessary to secure the efficient enforcement of this article.
3. Designate seed-certifying agencies which he finds qualified to certify agricultural or vegetable seeds as to variety,  purity,  quality or other related designations. The director shall consult with the director of the university of Arizona agricultural experiment station before approving the qualifications of any agency to certify as to variety,  strain or other genetic character of agricultural or vegetable seeds.
B. The director may assign personnel from the office of inspections to perform any of the inspection-related activities prescribed by this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-233 - Powers and duties; fees; penalty

3-233.
Powers and duties;  fees;  penalty
A. For the purpose of carrying out this article,  the director may:
1. In order to have access to seeds and the records pertaining to seeds subject to this article and the rules adopted under this article,  enter upon:
(a) Any established plant,  warehouse or place of business during customary business hours.
(b) Any truck or other conveyance operated on land,  on water or in the air on probable cause or reasonable suspicion to believe that a violation of this article has occurred.
2. Issue and enforce a written cease and desist order to the owner or custodian of any lot of agricultural,  vegetable or ornamental plant seed that the director finds is in violation of this article,  as provided in section 3-238,  and any lot or lots of seed sold,  or transported for sale,  that do not meet all requirements of the plant variety protection act (P.L. 91-577;  84 Stat. 1542;  7 United States Code sections 2321 through 2582).
3. Provide through the state agricultural laboratory for seed testing facilities,  employ qualified persons and incur expenses necessary to comply with this article.
4. Through the state agricultural laboratory:
(a) Provide for making purity,  germination,  noxious weed,  tetrazolium and pathology tests of seeds for farmers and dealers on request pursuant to rules prescribed by the director governing such testing.
(b) Collect charges for the tests as prescribed by the director.
5. Cooperate with the United States department of agriculture and other agencies in seed law enforcement.
6. Revoke,  suspend,  restrict,  deny or choose not to renew a license issued under this article or fix periods and terms of probation for a license holder after a hearing at which the license holder is found by a preponderance of the evidence to have violated this article or any of the rules adopted under this article.
7. Establish by rule fees that are sufficient to cover the costs of interstate and international exportation inspection activities under section 3-232,  subsection A,  paragraph 1,  but annually not more than one dollar fifty cents per acre. Monies received under this paragraph shall be deposited in the seed law trust fund pursuant to section 3-234.
B. For the purposes of this article,  the director,  after an opportunity for a hearing,  shall establish and collect the following fees:
1. For a seed dealer's license,  not more than fifty dollars per year.
2. For a labeler's license,  not more than five hundred dollars per year.
C. The director shall assess a license holder who does not submit the annual license renewal fees to the department by July 1 a penalty of ten per cent of the amount of the license fee per month for not more than three months. Penalties collected under this subsection shall be deposited in the seed law trust fund pursuant to section 3-234.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-234 - Seed law trust fund

3-234.
Seed law trust fund
A. A seed law trust fund is established for the exclusive purpose of implementing,  continuing and supporting the agricultural program established by this article. All monies collected pursuant to section 3-233 shall be deposited in the seed law 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. Surplus monies,  including any unexpended and unencumbered balance at the end of the fiscal year,  do not revert to the state general fund.
C. The beneficiary of the trust is the agricultural program established by this article. All monies in the seed law trust fund are to be spent as directed by the director to carry out the provisions of this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-235 - Seed dealer and labeler licenses; fee; exception

3-235.
Seed dealer and labeler licenses;  fee;  exception
A. An Arizona seed dealer or an out-of-state seed dealer who sells,  distributes,  processes or mixes for the use of others any agricultural,  vegetable or ornamental plant seed,  except vegetable and ornamental plant seed in packages of less than one pound,  shall obtain a license from the division,  authorizing the dealer to sell,  distribute,  process or mix such seed. A dealer is not entitled to have a license unless the dealer has an established plant,  warehouse or place of business. A separate seed dealer license is required for each place of business in this state from which seed regulated by this article is sold.
B. A seed labeler who labels any agricultural,  vegetable or ornamental plant seed for sale,  distribution or processing shall obtain a seed labeler license from the division for each place of business at which seed regulated by this article is labeled.
C. An application for a license shall be accompanied by the fee prescribed by section 3-233. A license shall be renewed annually not later than July 1,  and the application for renewal shall be accompanied by the fee prescribed by section 3-233.
D. This section does not apply to a farmer growing seed crops for sale to a seed dealer or labeler. The portion of crops received by an individual who harvests the producer's crop and receives part of the crop as payment for services rendered in the harvesting shall be exempt from this section.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-236 - Retention of invoices and records

3-236.
Retention of invoices and records
Each person whose name appears on the label of and handles agricultural and vegetable seeds subject to this article shall keep for a period of two years complete records of each lot of agricultural or vegetable seed handled,  and keep for one year a file sample of each lot of seed after disposition of the lot. All records pertaining to the lot or lots involved shall be accessible for inspection during customary business hours. All invoices,  receiving records and records of purchases must have the kind,  variety and lot number of seed sold in the state of Arizona.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-237 - Label requirements; rules

3-237.
Label requirements;  rules
The director shall adopt rules to specify labeling requirements for each container of agricultural,  vegetable and ornamental plant seed sold,  offered for sale,  exposed for sale or transported in this state for sowing purposes. The labeling requirements shall include:
1. Germination.
2. Purity.
3. Noxious weed content.
4. Precautionary statements the director considers to be necessary.
5. Labeler or packager information.
6. Seed origin.
7. Other issues the director considers to be necessary.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-238 - Cease and desist order; appeal

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.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-239 - Seizure and disposition of noncomplying seed

3-239.
Seizure and disposition of noncomplying seed
A. Any lot of agricultural,  vegetable or ornamental plant seed not in compliance with the provisions of this article is subject to seizure upon complaint of the director to a court of competent jurisdiction in the locality in which the seed is located.
B. If the court finds the seed is in violation of this article and orders condemnation of the seed,  it shall be denatured,  processed,  destroyed,  relabeled or otherwise disposed of in compliance with the laws of this state. Before the court orders such disposition of the seed,  it shall first give the claimant an opportunity to apply to the court for release of the seed or permission to process or relabel it to bring it into compliance with this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-240 - Prosecutions; classification; publication of results; injunction

3-240.
Prosecutions;  classification;  publication of results;  injunction
A. Any person violating any provision of this article is guilty of a petty offense.
B. A person who violates any provision of this article with the intent to commit fraud is guilty of a class 6 felony.
C. When the director finds that a person has violated any of the provisions of this article,  the director may institute proceedings in a court of competent jurisdiction in the locality in which the violation occurred to have the person prosecuted for the violation,  or may file with the county attorney,  with the view of prosecution,  such evidence as the county attorney deems necessary.
D. The county attorney of the county in which the violation occurred shall institute proceedings at once against any person charged with a violation of this article if,  in his judgment,  the information submitted warrants such action.
E. After judgment by the court in any case arising under this article,  the director shall publish any information pertinent to the issuance of the judgment by the court in such media as he may at any time designate.
F. The director may enjoin any violation of this article in a court of competent jurisdiction without commencing any other action.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-241 - Exemptions; exceptions

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.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-242 - Violations; civil penalties

3-242.
Violations;  civil penalties
A. The director may assess a civil penalty of at least fifty dollars but not more than three hundred dollars for each violation,  with each affected customer constituting a separate violation,  against a seed dealer or labeler who,  after a hearing,  is found by a preponderance of the evidence:
1. To have not completed the test to determine the percentage of germination required by section 3-237 immediately before the sale,  offering for sale or transportation:
(a) Within a nine month period,  exclusive of the calendar month in which the test was completed,  for any agricultural,  ornamental or vegetable seed intended for wholesale or commercial producer purchase.
(b) Within a fifteen month period,  exclusive of the calendar month in which the test was completed,  for any agricultural,  ornamental or vegetable seed intended for retail purchase.
2. To have not obtained any license that is required by this article.
B. The director may assess a civil penalty of not more than two thousand five hundred dollars for each violation,  with each affected customer constituting a separate violation,  against a seed dealer or labeler who,  after a hearing,  is found by a preponderance of the evidence:
1. To have labeled or sold seed represented to be certified seed,  registered seed or foundation seed unless it has been produced and labeled according to the rules and regulations of an officially recognized seed certification or registration agency.
2. To have labeled or sold seed that has been treated with any approved substance designed to control or repel plant disease organisms or insect pests attacking the seeds,  unless each container bears a label giving information in the form the director prescribes by rule,  showing the commonly accepted name and the kind or nature of the substance and,  if the substance may be harmful to humans or other vertebrate animals,  a warning or cautionary statement that is adequate to protect the public.
3. To have hindered or obstructed an authorized agent of the department from performing official duties under this article.
4. To have failed to comply with a cease and desist order.
5. To have labeled or sold seed that has a false or misleading label.
6. To have labeled or sold seed that has been advertised in a false or misleading manner.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-261 - Applicability of article

3-261.
Applicability of article
The provisions of this article shall apply to any substance or mixture of substances intended to be used for promoting or stimulating the growth of plants,  increasing the productiveness of plants,  improving the quality of crops or producing any chemical or physical change in the soil. Except as provided in section 3-274,  this article shall not apply to sales for export outside the state nor to sales of agricultural minerals to any licensed producer,  manufacturer,  importer,  agent or dealer in agricultural minerals,  or to sales of fertilizing materials to any licensed producer,  manufacturer,  importer,  agent or dealer in commercial fertilizers,  but such exemptions shall not relieve such licensed persons from the tonnage license fee provided for in section 3-268 when purchased fertilizing materials are used upon their own lands within this state.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-262 - Definitions

3-262.
Definitions
A. As used in this article the substances and mixtures of substances referred to in section 3-261 are defined as follows:
1. " Animal manures"  means the excreta of domestic animals or domestic fowls when not artificially mixed with any material or materials other than those that have been used for bedding,  sanitary or feeding purposes for the animals or fowls or for the preservation of animal manure.
2. " Commercial fertilizer"  means any substance that contains one or more recognized plant nutrients,  that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth,  except unmanipulated animal and vegetable manures,  and other products exempted by rule.
3. " Fertilizer material"  means any substance or mixture of substances intended to be used for promoting or stimulating the growth of plants,  increasing the productiveness of plants,  improving the quality of crops or producing any chemical or physical change in the soil.
B. In this article,  unless the context otherwise requires:
1. " Associate director"  means the associate director of the environmental services division of the Arizona department of agriculture.
2. " Brand"  means a term,  design or trademark used in connection with one or several grades of commercial fertilizer.
3. " Bulk"  means fertilizer materials delivered to the purchaser in the solid or liquid state,  in a nonpackaged form to which a label cannot be attached.
4. " Distributor"  means any person who offers for sale,  sells,  barters,  solicits business or otherwise supplies fertilizer materials.
5. " Grade"  means the percentage of total nitrogen,  available phosphate or soluble potash stated in whole numbers in the same terms,  order and percentages as in the guaranteed analysis. Fertilizer materials,  bone meal,  manures and similar raw materials may be guaranteed in fractional units.
6. " Manufacture"  means to compound,  produce,  granulate,  mix,  blend or alter the composition of fertilizer materials.
7. " Mixed fertilizer"  means any combination of fertilizer materials coming within the classification of commercial fertilizers.
8. " Official sample"  means any sample of fertilizer materials taken by the associate director or the associate director's agent and designated as official by the associate director.
9. " Per cent"  or " percentage"  means the percentage by weight.
10. " Person"  includes individual,  partnership,  association,  firm or corporation.
11. " Primary plant nutrient"  means total nitrogen,  available phosphate or soluble potash.
12. " Sell"  or " sale"  includes exchange.
13. " Ton"  means a net weight of two thousand pounds avoirdupois. The director may,  after opportunity for hearing,  define weights in the metric system.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-263 - Fertilizer labeling regulation; state preemption

3-263.
Fertilizer labeling regulation;  state preemption
The provisions of this article and the rules that implement this article are of statewide concern. The labeling of fertilizers and other substances regulated pursuant to this article are not subject to further regulation by a county,  city,  town or other political subdivision of this state.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-264 - Enforcement and administrative powers

3-264.
Enforcement and administrative powers
A. The associate director may refuse to license or may cancel the license of any distributor who violates any provision of this article. The director shall review the associate director's action on request of any person adversely affected by the action.
B. The director may,  after an opportunity for a hearing:
1. Determine and publish at least annually the values per unit of weight of nitrogen,  phosphorus and potassium in commercial fertilizers in the state for the purpose of assessing penalties on commercial fertilizers under the provisions of section 3-276.
2. Adopt rules that the director deems necessary for the efficient administration and enforcement of this article,  including the collection and examination of samples of fertilizer materials,  and rules pertaining to composition and use of fertilizer materials,  including,  without limiting the foregoing general terms,  the establishment of tolerances,  deficiencies and penalties where not specifically provided for in this article.
3. Prohibit the sale or use in fertilizer materials of any substance proven to be detrimental to agriculture.
4. Provide for incorporating into commercial fertilizers other substances as pesticides and provide for proper labeling of the mixture.
5. Prescribe the information which shall appear on the tag,  other than as specifically set forth in this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-265 - Rules; advisory committee

3-265.
Rules;  advisory committee
A. If before adopting rules pursuant to this article,  the director determines that it is necessary or desirable,  the director may appoint an advisory committee pursuant to section 3-106.
B. Any licensee,  distributor or person offering for sale or selling fertilizer materials in the state may propose a rule and such proposal shall be acted upon within a reasonable time,  not exceeding sixty days,  after it is filed. Any interested person shall have an opportunity to appear before the director in person or through an attorney for the purpose of discussing such proposed rule.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-266 - Annual reports and publications; membership in professional organizations

3-266.
Annual reports and publications;  membership in professional organizations
A. The director may provide for publishing at such times and in such form as the director deems proper information concerning the sale of fertilizer materials together with such data on their production and use as the director considers advisable,  and a report of the monies received and expended,  but the information concerning production and use of fertilizer materials shall not disclose the operations of any one person. Reports of chemists' findings based on official samples of each brand of fertilizer material sampled and analyzed during the year as compared to the guaranteed chemical analysis for each such fertilizer material shall be published annually as promptly as possible after January 1 each year.
B. The director may authorize employees of the division to join and subscribe to any state,  district,  regional or national organizations or publications relating to sale and distribution or control of sale and distribution of fertilizer materials,  and attend state,  district,  regional and national meetings relating to sale and distribution or control of sale and distribution of fertilizer materials.
C. Expenses authorized by this section shall be paid from and limited by the fertilizer materials trust fund.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-267 - Inspections; official samples; analysis; report

3-267.
Inspections;  official samples;  analysis;  report
A. The director,  who may act through an authorized agent,  shall sample,  inspect and make analyses of fertilizer materials distributed within the state at such time and place and to such an extent as the director deems necessary to determine whether or not such fertilizer materials are in compliance with the provisions of this article. The director,  individually or through an agent,  may enter upon any public or private premises during regular business hours in order to have access to such fertilizer materials subject to the provisions of this article and the rules pertaining to this article.
B. The director,  in determining for administrative purposes whether or not fertilizer materials are deficient in any of their component parts,  shall be guided solely by the official sample as defined in section 3-262,  subsection B,  and obtained and analyzed as provided in subsection A of this section.
C. The results of official analyses of any fertilizer material that has been found to be subject to penalty or other legal action shall be forwarded by the director to the licensee or other responsible person and to the purchaser within thirty days after the sample is taken. Upon request within thirty days of the issuance of the analytical report,  the director shall furnish to the licensee or other responsible person a portion of any sample found subject to penalty or other legal action.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-269 - Fertilizer materials trust fund

3-269.
Fertilizer materials trust fund
A. The fertilizer materials trust fund is established for the exclusive purpose of implementing,  continuing and supporting the agricultural program established by this article. Except as provided in section 3-272,  subsection B,  paragraph 2,  all monies collected under the provisions of this article shall be deposited in the trust fund.
B. The director shall administer the trust fund as trustee. The state treasurer shall accept,  separately account for and hold in trust any monies deposited in the state treasury,  which are considered to be trust monies as defined in section 35-310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. On notice from the director,  the state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35-313 and 35-314.03,  and monies earned from the investment shall be credited to the trust fund.
C. The beneficiary of the trust is the agricultural program established by this article. The trust fund shall be used solely for the purposes of this article on the order of the director.
D. The fertilizer materials trust fund shall be exempt from the provisions of section 35-190 relating to lapsing appropriations. Surplus monies,  including any unexpended and unencumbered balance at the end of the fiscal year,  do not revert to the state general fund.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-272 - Commercial fertilizer license; specialty fertilizers

3-272.
Commercial fertilizer license;  specialty fertilizers
A. No person may manufacture or distribute commercial fertilizer in this state without a commercial fertilizer license from the division,  except that no license shall be required of persons distributing only:
1. Commercial fertilizers to licensed manufacturers for further manufacturing.
2. Packaged commercial fertilizer in the original packages or containers of a licensee as packaged and labeled by the licensee.
3. Bulk commercial fertilizer in the form received from a licensee and labeled as required with label information furnished by the licensee,  except for a net weight statement.
B. Applications for a license shall be made on forms prescribed by the director listing each business location used in the manufacture or distribution of commercial fertilizer in this state and such other information the director requires. Applications shall be accompanied by a license fee of one hundred twenty-five dollars per year for each separate place of business used in the manufacture of commercial fertilizers in this state. Applications of manufacturers or distributors having no established place of business in this state,  but otherwise subject to a license under this section,  shall be accompanied by a license fee of one hundred twenty-five dollars per year. All licenses issued through 1998 shall expire on the last day of February of the following year. Beginning in 1999,  the director may provide by rule for licenses having a term of one or more years and may prescribe the date on which licenses expire. Licenses are not transferable and no credit or refund may be granted for licenses held for less than a full license year. Monies collected from license fees shall be allocated as follows:
1. Twenty-five dollars for each year of the license term shall be allocated pursuant to section 3-269.
2. One hundred dollars for each year of the license term shall be deposited in the water quality assurance revolving fund established by section 49-282.
C. In addition to the requirements of subsections A and B of this section,  the manufacturer or distributor whose name appears on the label of a specialty fertilizer shall register each specialty fertilizer with the division. The director may provide by rule for multiyear licenses. Applications for registration shall be accompanied by a registration fee of fifty dollars per year per brand and grade of specialty fertilizer. The director may,  after opportunity for hearing,  decrease or increase the registration fee prescribed by this subsection but at no time shall the rate exceed one hundred dollars per year. For purposes of this subsection,  " specialty fertilizer"  means a commercial fertilizer which is distributed for nonfarm use,  including home gardens,  lawns,  golf courses,  parks and cemeteries.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-273 - Labeling

3-273.
Labeling
A. Any commercial fertilizer offered for sale,  sold or distributed in this state in bags,  barrels or other containers shall have placed on or affixed to the container in printed form either on tags affixed to the end of the package on the sewed end or directly on the package the following information:
1. Name and address of licensee.
2. Brand name.
3. Grade as required by regulation.
4. Guaranteed analysis.
5. Net weight.
B. If distributed in bulk,  a written or printed statement showing the net weight and the information required by paragraphs 1,  2,  3 and 4 of subsection A of this section shall accompany the delivery and be supplied to the purchaser.
C. In case of liquid materials,  in lieu of stating the net weight as required in subsections A and B of this section,  the net contents may be given in terms of liquid measure if the weight per gallon in terms of pounds per gallon at sixty-eight degrees Fahrenheit or the specific gravity at twenty degrees Celsius is also given.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-274 - Label as warranty

3-274.
Label as warranty
Any label or descriptive tag attached to a lot,  parcel or package of commercial fertilizer,  agricultural mineral or other fertilizer material carrying a chemical analysis or claims for other values shall be deemed a warranty as to the things stated thereon by the person attaching the label or tag in favor of the buyer and of each successive buyer purchasing the goods relying thereon.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-275 - Guaranteed analysis required in licensing and labeling

3-275.
Guaranteed analysis required in licensing and labeling
A. The guaranteed analysis of a commercial fertilizer shall state the represented percentages of nitrogen,  available phosphate and soluble potash if claimed. The percentage of phosphate shall be expressed in terms of phosphorus pentoxide and the percentage of potash in terms of potassium oxide.
B. The guaranteed analysis for other commercial fertilizers shall be represented as required by rule.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-276 - Deficiencies in guaranteed analysis; penalties payable to consumer

3-276.
Deficiencies in guaranteed analysis;  penalties payable to consumer
A. If the analysis of any fertilizer material shows a deficiency in any constituent other than a primary plant nutrient of not more than the investigational allowance of the guaranteed total percentage of the constituent,  the statement of the licensee,  distributor or other person,  as required by this article,  is not false within the meaning of this article. When the deficiency exceeds the investigational allowance,  the purchaser shall be entitled to a refund based on the percentage of the deficiency.
B. If the analysis of any commercial fertilizer shows a deficiency in the guaranteed analysis in any one primary plant nutrient,  a penalty shall be assessed in accordance with the following provisions:
1. Total nitrogen: A penalty of three times the value of the deficiency,  if the deficiency exceeds the investigational allowances.
2. Available phosphate: A penalty of three times the value of the deficiency,  if the deficiency exceeds the investigational allowances.
3. Soluble potash: A penalty of three times the value of the deficiency,  if the deficiency exceeds the investigational allowances.
C. The director shall establish by rule investigational allowances for plant nutrients.
D. Nothing contained in this article shall prohibit any person from appealing according to law.
E. All penalties assessed under this section shall be paid to the consumer of the lot of fertilizer material represented by the sample analyzed within three months after the date of notice from the department to the licensee or other responsible person and receipts taken therefor and promptly forwarded to the department. If the consumer cannot be found,  the amount of the penalty shall be paid to the department. The director shall deposit,  pursuant to sections 35-146 and 35-147,  the penalty receipts in the state general fund.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-278 - Materials containing unavailable plant food and undesirable substances

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.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-279 - Cease and desist order

3-279.
Cease and desist order
A. If the director has reasonable cause to believe from investigation that any fertilizer material is being offered or exposed for sale in violation of any of the provisions of this article,  the director may serve the person a cease and desist order requiring such person,  on receiving the notice,  to immediately cease and desist from such act. The order shall be served by any method of service authorized by the Arizona rules of civil procedure.
B. After service is made upon such person of a cease and desist order,  the person or the director may file an action in the superior court in the county in which a violation of this article is alleged to have occurred,  for an adjudication of the alleged violation. The court may issue temporary or permanent injunctions,  mandatory or restraining,  and intermediate orders it deems necessary. The action shall be tried de novo.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-280 - Seizure, condemnation and sale of noncomplying materials

3-280.
Seizure,  condemnation and sale of noncomplying materials
Any lot of fertilizer material not in compliance with the provisions of this article shall be subject to seizure upon complaint of the director to a court of competent jurisdiction in the area in which the fertilizer material is located. If the court finds the fertilizer material to be in violation of this article and orders the condemnation of the fertilizer material,  it shall be disposed of in any manner consistent with the quality of the fertilizer material and the laws of the state,  but in no instance shall the disposition of the fertilizer material be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the fertilizer material or for permission to process or relabel the fertilizer material to conform it with this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-281 - False or misleading statements

3-281.
False or misleading statements
It is unlawful to distribute a misbranded fertilizer material. A fertilizer material is misbranded if it carries any false or misleading statement upon or attached to the container,  or if false or misleading statements concerning its agricultural value are made on the container or in any advertising matter accompanying or associated with the fertilizer material.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-283 - Violations; notice; criminal classification; injunctive relief

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.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-301 - Developing and adopting the program; advisory committee

3-301.
Developing and adopting the program;  advisory committee
A. The director may develop and adopt by rule an Arizona organic food certification program that shall meet the requirements of the national organic program (7 Code of Federal Regulations part 205).
B. If the director establishes such a program,  the director shall establish one or more advisory committees pursuant to section 3-106 to assist in developing the program.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-311 - Definitions

3-311.
Definitions
In this article,  unless the context otherwise requires:
1. " Agricultural pilot program"  means the industrial hemp program that is designed to research the growth,  cultivation and marketing of industrial hemp,  hemp seeds and hemp products as authorized by this article and rules and orders adopted by the director pursuant to this article.
2. " Crop"  means any industrial hemp that is grown under a single industrial hemp license issued by the department.
3. " Grower"  means an individual,  partnership,  company or corporation that propagates industrial hemp under this article and rules and orders adopted by the director pursuant to this article.
4. " Harvester"  means an individual,  partnership,  company or corporation that is licensed by the department to harvest industrial hemp for a licensed grower.
5. " Hemp products"  means all products made from industrial hemp,  including cloth,  cordage,  fiber,  fuel,  grain,  paint,  paper,  construction materials,  plastics and by-products derived from sterile hemp seed or hemp seed oil. Hemp products excludes any product made to be ingested except food made from sterile hemp seed or hemp seed oil.
6. " Hemp seed"  means any viable cannabis sativa L. seed that produces an industrial hemp plant that is subject to this article and rules and orders adopted by the director pursuant to this article.
7. " Industrial hemp"  means the plant cannabis sativa L. and any part of such a plant,  whether growing or not,  with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths percent on a dry-weight basis.
8. " Industrial hemp site"  means the location in which a grower,  harvester,  transporter or processor possesses a crop,  a harvested crop or hemp seed.
9. " License"  means the authorization that is granted by the department to propagate,  harvest,  transport or process industrial hemp in this state under this article and rules and orders adopted by the director pursuant to this article.
10. " Licensee"  means a grower,  harvester,  transporter or processor with a valid license.
11. " Processor"  means an individual,  partnership,  company or corporation that is licensed by the department to receive industrial hemp for processing into hemp products or hemp seed.
12. " Transporter"  means an individual,  partnership,  company or corporation that is licensed by the department to transport industrial hemp for a licensed grower to a processor.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-312 - Legislative findings; purpose; authorization

3-312.
Legislative findings;  purpose;  authorization
A. The legislature finds and determines that developing and using industrial hemp can improve the economy and agricultural vitality of this state and that the production of industrial hemp can be regulated so as not to interfere with strict regulation of marijuana in this state.
B. The purposes of this article are:
1. To promote the economy and agriculture in this state by allowing institutions of higher learning and the department to develop and regulate industrial hemp as part of an agricultural pilot program for the purpose of research into the growth,  cultivation and marketing of industrial hemp as authorized by the agricultural act of 2014 (P.L. 113-79;  128 Stat. 649;  7 United States Code section 5940).
2. To allow the commercial growth,  cultivation and marketing of industrial hemp if the commercial growth,  cultivation and marketing of industrial hemp is authorized by federal law,  while maintaining strict control of marijuana.
C. Industrial hemp is an agricultural product that is subject to regulation by the department.
D. Industrial hemp propagation,  processing,  manufacturing,  distribution and market research are authorized in this state under a preapproved agricultural pilot program. Hemp seed that is authorized for an agricultural pilot program shall be certified solely through the department. Unauthorized hemp seed may not be planted. Hemp seed that is derived from previously authorized hemp seed is considered authorized hemp seed for the purposes of this article.
E. If authorized under federal law,  the commercial production,  processing,  manufacturing,  distribution and commerce of industrial hemp in this state is allowed outside of the agricultural pilot program.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-313 - Rulemaking; fees; intent

3-313.
Rulemaking;  fees;  intent
A. For the purposes of carrying out this article,  the director shall:
1. Adopt rules pursuant to title 41,  chapter 6 to oversee the licensing,  production and management of industrial hemp and hemp seed in this state pursuant to this article.
2. Adopt fees by rule.
3. Authorize qualified applicants to propagate,  harvest,  transport or process,  or any combination thereof,  industrial hemp according to rules adopted by the director.
B. The legislature intends that the fees adopted pursuant to subsection A,  paragraph 2 of this section be used to fund the department's activities in licensing,  testing,  inspecting and supervising industrial hemp production.