reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-314 - Industrial hemp licenses; applications; fees; fingerprinting requirements; renewal; revocation

3-314.
Industrial hemp licenses;  applications;  fees;  fingerprinting requirements;  renewal;  revocation
A. A grower,  harvester,  transporter or processor shall obtain an industrial hemp license from the department.
B. A grower,  harvester,  transporter or processor shall apply for a license pursuant to rules and orders adopted by the director.
C. An application for an original or renewal industrial hemp license shall comply with all of the following:
1. Be on a form that is provided by the department.
2. Include complete and accurate information.
3. Be accompanied by the license fee prescribed by the director. The director shall deposit,  pursuant to sections 35-146 and 35-147,  fees collected under this paragraph in the industrial hemp trust fund established by section 3-315.
D. An applicant shall provide proof to the department of having a valid fingerprint clearance card issued pursuant to section 41-1758.07 for the purpose of validating applicant eligibility.
E. A license issued pursuant to this section is valid for one year,  unless revoked,  and may be renewed as provided by the department. Rather than renewing a licensee's license every year,  a licensee may renew the licensee's license every two years by paying a license fee that is twice the amount designated by the fee schedule in rule that is adopted by the director and other applicable fees. Licensees that renew every two years shall comply with any annual reporting requirements.
F. The department may revoke or refuse to issue or renew a license for a violation of any law of this state,  any federal law or any rule or order adopted by the director.
G. A member of an Indian tribe may apply for a license pursuant to this section. If a member of an Indian tribe is issued a license pursuant to this section,  the member is subject to the requirements prescribed in this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-315 - Industrial hemp trust fund

3-315.
Industrial hemp trust fund
A. The industrial hemp trust fund is established for the exclusive purpose of implementing,  continuing and supporting industrial hemp licensing. The trust fund consists of monies received from legislative appropriations,  licensing fees and all other sources under this article. The monies collected constitute a separate and permanent fund for use by the director in administering and enforcing this article.
B. The director shall administer the trust fund as trustee. The state treasurer shall accept,  separately account for and hold in trust any monies deposited in the state treasury,  which are considered to be trust monies as defined in section 35-310 and may not be commingled with any other monies in the state treasury except for investment purposes. On notice from the director,  the state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35-313 and 35-314.03,  and monies earned from investment shall be credited to the trust fund.
C. The director may accept and spend federal monies and private grants,  gifts,  contributions and devises to assist in carrying out the purposes of this article.
D. The beneficiary of the trust is the industrial hemp program established pursuant to this article,  including salaries,  fees and office,  administrative,  bonding and travel expenses that are incurred as a result of the industrial hemp program.
E. Any monies remaining unexpended in the trust fund on June 30 of each year shall be carried forward to the following year and do not revert to the state general fund.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-316 - Recordkeeping, inspection, transportation and distribution requirements

3-316.
Recordkeeping,  inspection,  transportation and distribution requirements
A. A grower,  harvester,  transporter or processor of industrial hemp that is licensed pursuant to this article shall keep and maintain records as required by rule or order. The director or the director's designee may inspect or audit the records during normal business hours to ensure compliance with this article or any department rule or order.
B. The director or the director's designee may physically inspect an industrial hemp site to ensure compliance with this article or any department rule or order. During any physical inspection of an industrial hemp site,  the director or the director's designee may take a representative sample for analysis by the state agricultural laboratory or a laboratory that is certified by the state agricultural laboratory. If a crop contains an average carboxylated delta-9 tetrahydrocannabinol concentration that exceeds three-tenths percent on a dry-weight basis or violates any other pesticide law,  the department may take corrective action pursuant to section 3-317.
C. Notwithstanding section 13-3405,  the director or the director's designee may possess and transport samples of cannabis sativa L. collected for testing to determine delta-9 tetrahydrocannabinol concentration for eligibility as industrial hemp.
D. Only a licensed grower,  harvester,  processor or transporter or the director or the director's designee may transport industrial hemp off the industrial hemp site. When transporting industrial hemp off the industrial hemp site,  the licensed grower,  processor or transporter shall carry the licensing documents as evidence that the industrial hemp was grown by a licensed grower. This subsection does not apply to the transportation of hemp products.
E. A licensed grower shall notify the department of all of the following:
1. The sale or distribution of any industrial hemp grown under the grower's license.
2. The name and address of the person or entity receiving the industrial hemp.
3. The amount of the industrial hemp sold or distributed.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-317 - Corrective actions; hearing

3-317.
Corrective actions;  hearing
A. The director shall adopt rules to address,  correct and remediate violations of this article and rules or orders adopted pursuant to this article.
B. The director may:
1. Issue and enforce a written cease and desist order against a grower,  harvester,  transporter or processor of any industrial hemp that the director finds is in violation of this article. The order shall prohibit the further sale,  processing or transportation of the industrial hemp except on approval of the director.
2. Issue a stop sale order.
3. Seize and destroy any crop,  harvested crop or hemp seed that does not comply with this article or any rule or order adopted pursuant to this article.
4. Take any other action to enforce this article and the rules and orders adopted pursuant to this article.
C. A person who violates this article or any rule or order adopted pursuant to this article may request a hearing before an administrative law judge pursuant to title 41,  chapter 6,  article 10. The decision of the administrative law judge is subject to review by the director as provided by title 41,  chapter 6,  article 10. A request pursuant to this subsection does not stay a cease and desist order issued pursuant to this section.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-318 - Industrial hemp advisory council; members; duties

3-318.
Industrial hemp advisory council;  members;  duties
A. The director shall establish by rule or order an industrial hemp advisory council to assist and make recommendations to the director regarding the administration and implementation of this article. The director shall appoint five members to the council,  including one public member.
B. The industrial hemp advisory council shall:
1. Advise the director regarding expenditures from the industrial hemp trust fund.
2. Provide additional assistance as the director deems necessary.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-319 - Violations; classification; civil penalties

3-319.
Violations;  classification;  civil penalties
A. In addition to any liability established by this article or any penalty provided by law,  the director may impose a civil penalty of not more than five thousand dollars for each violation of any of the following:
1. A licensing requirement.
2. A license term or condition.
3. A rule or order adopted by the director that relates to propagating,  harvesting,  transporting or processing industrial hemp.
B. A person who intentionally violates this article or any rule or order related to this article is guilty of a class 1 misdemeanor.
C. A person who does not hold a license issued by the department or who is not a designee or agent of a person who holds a license issued by the department may not propagate,  harvest,  transport or process industrial hemp. A person who violates this subsection is subject to section 13-3405.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-320 - Affirmative defense

3-320.
Affirmative defense
A. It is an affirmative defense to any prosecution for the possession or cultivation of marijuana pursuant to title 13,  chapter 34 that the defendant is a licensee,  or a designee or agent of a licensee,  who is in compliance with this article.
B. This section is not a defense to a charge of possession,  sale,  transportation or distribution of marijuana pursuant to title 13,  chapter 34 that is not industrial hemp.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-343 - Enforcement and administrative powers

3-343.
Enforcement and administrative powers
A. This article shall be administered and its provisions and all rules adopted under this article shall be enforced by the associate director.
B. The director may,  after a hearing:
1. Declare as a pest any form of plant or animal life or virus which is injurious to plants,  humans,  domestic animals,  articles or substances.
2. Determine whether or not pesticides present an unreasonable risk to humans.
3. Determine standards of coloring or discoloring for pesticides,  and subject pesticides to the requirements of section 3-352.
C. The director may,  after a hearing,  make rules concerning safety in the distribution and sale of pesticides or devices.
D. All rules adopted under authority of this article shall be divided into two classes to be known as " technical rules"  and " administrative rules" ,  such rules to be filed in the office of the secretary of state and subject to judicial review.
E. The director may adopt administrative and technical rules deemed necessary to effectuate the purposes of this article,  but only after a hearing.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-344 - Advisory committee; membership; appointment; duties; uniformity of labeling and standards of pesticides

3-344.
Advisory committee;  membership;  appointment;  duties;  uniformity of labeling and standards of pesticides
A. The director may appoint an advisory committee as needed to assist and advise the director and associate director in adopting technical rules. The director shall designate the chairman. Meetings of the committee shall be held upon call of the associate director or director. Members of the committee shall serve without compensation,  but shall be entitled to reimbursement for expenses of travel and subsistence incurred in the performance of their duties,  which shall be paid from and limited by the pesticide trust fund.
B. In order to avoid confusion endangering the public health,  which would result from diverse requirements,  particularly as to the labeling and coloring of pesticides,  and to avoid increased costs to the public due to the necessity of complying with such diverse requirements in the manufacture and sale of such pesticides,  it is desirable that there should be uniformity between the requirements of the several states and the federal government relating to such pesticides. To this end,  the director may after a hearing adopt rules applicable to and in conformity with primary standards established by this article as have been or may be prescribed by federal agencies with respect to pesticides.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-345 - Publications; membership in professional organizations

3-345.
Publications;  membership in professional organizations
A. The department may publish,  at such times and in such forms as the director deems proper,  information concerning the production and use of pesticides and reports of chemists' findings based on official samples taken of pesticides sold within the state as compared with guaranteed analyses registered under section 3-351.
B. The director may authorize employees of the department to:
1. Join and subscribe to any state,  district,  regional or national organizations or publications relating to and dealing with pesticides.
2. Attend state,  district,  regional and national meetings relating to pesticides that in the director's discretion may be necessary or for the best interests of those affected by this article.
C. Expenses authorized by this section shall be paid from and limited by the pesticide trust fund.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-346 - Agreements with other agencies and states

3-346.
Agreements with other agencies and states
The director with the advice of the associate director may cooperate with and after a hearing enter into agreements with any other agency of this state,  the United States government,  and any other state or agency thereof for the purpose of carrying out the provisions of this article and securing uniformity of regulations.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-350 - Pesticide trust fund

3-350.
Pesticide trust fund
A. The pesticide trust fund is established for the exclusive purpose of implementing,  continuing and supporting the agricultural program established by this article. Except as provided in section 3-351,  subsection D,  paragraph 2,  all monies collected under the provisions of this article shall be deposited in the trust fund.
B. The director shall administer the trust fund as trustee. The state treasurer shall accept,  separately account for and hold in trust any monies deposited in the state treasury,  which are considered to be trust monies as defined in section 35-310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. On notice from the director,  the state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35-313 and 35-314.03,  and monies earned from investment shall be credited to the trust fund.
C. The beneficiary of the trust is the agricultural program established by this article. The trust fund shall be used solely for the purposes of this article on the order of the director.
D. The pesticide trust fund shall be exempt from the provisions of section 35-190 relating to lapsing appropriations. Surplus monies,  including any unexpended and unencumbered balance at the end of the fiscal year,  do not revert to the state general fund.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-352 - Prohibited acts

3-352.
Prohibited acts
A. It is unlawful for any person acting independently or as agent to distribute:
1. Any pesticide that has not been registered pursuant to section 3-351,  or any pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration,  or if the composition of a pesticide differs from its composition as represented in connection with its registration,  but at the discretion of the director,  a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the product.
2. Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to such container,  and to the outside container or wrapper of the retail package,  if there is one,  through which the required information on the immediate container cannot be clearly read,  a label bearing:
(a) The name and address of the manufacturer,  registrant or person for whom manufactured.
(b) The name,  brand or trademark under which the article is sold.
(c) The net weight or measure of the content subject,  however,  to such reasonable variations as the state may permit.
3. Any pesticide that contains any substance or substances in quantities highly toxic to humans,  determined as provided in section 3-343,  unless the label bears,  in addition to any other matter required by this article:
(a) Warning statements or symbols required by regulation.
(b) A statement of a practical treatment,  first aid or otherwise in case of poisoning by the pesticide.
4. Any pesticide that is adulterated or misbranded,  or any device that is misbranded.
5. Any pesticide the label of which does not contain necessary information,  which information the director has prescribed by rule.
B. It is unlawful:
1. For any person to detach,  alter,  deface or destroy,  wholly or in part,  any label or labeling provided for in this article or rules adopted under this article,  or to add any substance to,  or take any substance from,  a pesticide in a manner that may defeat the purposes of this article.
2. For any person to use for his own advantage or to reveal,  other than to the director or proper officials or employees of the state or to the courts of the state in response to a subpoena,  or to physicians,  or in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes,  any information relative to formulas of products acquired by authority of section 3-351.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-353 - Exemptions

3-353.
Exemptions
A. The penalties provided for violations of subsection A of section 3-352 shall not apply to:
1. Any carrier while lawfully engaged in transporting a pesticide within the state,  if such carrier,  upon request,  permits the director or a designated agent to copy all records showing the transactions in and movement of the articles.
2. Public officials of the state and the federal government engaged in the performance of their official duties.
3. The manufacturer or shipper of a pesticide for experimental use only by or under the supervision of an agency of the state or of the federal government authorized by law to conduct research in the field of pesticides.
B. No article shall be deemed in violation of this article when intended solely for export to a foreign country,  and when prepared or packed according to the specifications or directions of the purchaser. If not so exported,  all the provisions of this article shall apply.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-355 - Enforcement procedures

3-355.
Enforcement procedures
A. The results of official analyses of any pesticide which has been found to be subject to penalty or other legal action shall be forwarded by the department to the registrant or other responsible person and to the purchaser forthwith. Upon request within thirty days of issuance of the analytical report,  the department shall furnish to the registrant or other responsible person a portion of any sample found subject to penalty or other legal action. If it appears from such examination that a pesticide or device fails to comply with the provisions of this article,  and the director contemplates instituting criminal proceedings against any person,  the director shall cause appropriate notice to be given to such person. Persons so notified shall be given an opportunity to present their views,  either orally or in writing,  with regard to the contemplated proceedings. If thereafter in the opinion of the director it appears that the provisions of the article have been violated by such person,  the director shall refer a copy of the results of the analysis or the examination of such article to the department counsel.
B. Nothing in this article shall be construed as requiring the director to report for prosecution or for the institution of condemnation proceedings minor violations of this article when the director believes that the public interests will be best served by a suitable notice of warning in writing.
C. The director shall,  by publication,  give notice of all judgments entered in actions instituted under the authority of this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-356 - Violations; criminal classification; injunctive relief

3-356.
Violations;  criminal classification;  injunctive relief
A. Any person violating any provision of this article is guilty of a class 3 misdemeanor. A registrant who violates any provision of this article after having been issued a warning pursuant to this article is guilty of a class 1 misdemeanor.
B. The director may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule adopted under this article notwithstanding the existence of other remedies at law.
C. If any person,  with intent to defraud,  uses or reveals information relative to formulas of products acquired under authority of section 3-351,  the person is guilty of a class 1 misdemeanor.
D. Any monies collected pursuant to this section shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-361 - Definitions

3-361.
Definitions
In this article,  unless the context otherwise requires:
1. " Associate director"  means the associate director of the division.
2. " De minimis violation"  means a violation which,  although undesirable,  has no direct or immediate relationship to safety,  health or property damage. Repeated de minimis violations constitute a nonserious violation.
3. " Division"  means the environmental services division of the Arizona department of agriculture.
4. " Nonserious violation"  means a violation that may have had a direct or immediate relationship to safety,  health or property damage,  but which does not constitute a de minimis violation or a serious violation,  unless the violator did not,  and could not with the exercise of reasonable diligence,  know of such safety,  health or property damage risk in which case the violation is de minimis.
5. " Paraquat"  means the pesticide dimethyl-dipyridinium dichloride.
6. " Pesticide"  means any substance or mixture of substances intended to be used for defoliating plants or for preventing,  destroying,  repelling or mitigating insects,  fungi,  bacteria,  weeds,  rodents,  predatory animals or any form of plant or animal life which is,  or which the director may declare to be,  a pest which may infest or be detrimental to vegetation,  humans,  animals or households or which may be present in any environment.
7. " Pesticide use"  means the sale,  processing,  storing,  transporting,  handling or applying of a pesticide and disposal of pesticide containers.
8. " Restricted use pesticide"  means a pesticide classified as such by the United States environmental protection agency.
9. " Serious violation"  means a violation of this article or a rule adopted under this article which produces a substantial probability that death or serious physical harm could result,  unless the violator did not,  and could not with the exercise of reasonable diligence,  know of such safety or human health risk,  in which case the violation is nonserious.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-362 - Powers and duties

3-362.
Powers and duties
A. The director is responsible for administering this article and shall:
1. Conduct investigations,  on complaint and on his own initiative,  regarding violations of this article and compile information necessary to administer this article.
2. Take timely action necessary to enforce this article against violators including seeking injunctive relief and other penalties and sanctions authorized by this article.
3. Publish a list of pesticides,  by common and proprietary names,  which the director determines to be highly toxic,  odoriferous,  such as profenofos,  sulprofos,  def and merphos and other pesticides with similar odoriferous characteristics,  or otherwise appropriate for inclusion and shall include in that list paraquat and gramoxone.
4. Submit to the United States environmental protection agency a state plan for issuing,  monitoring,  and controlling experimental use permits pursuant to section 5 of the federal insecticide,  fungicide,  and rodenticide act (7 United States Code section 136c(f)).
5. Develop systems and procedures to encourage and ensure public contact with the department,  which may include:
(a) A telephone hotline for pesticide complaints,  which is operated and publicized by the department.
(b) Outreach and education programs to inform the general public and solicit input regarding pesticide use and public health,  safety and the environment.
B. The director may enter into intergovernmental agreements pursuant to title 11,  chapter 7,  article 3 if the agreement is necessary to more effectively administer the powers and duties described in this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-363 - Rules

3-363.
Rules
The director shall adopt rules to regulate pesticides that include provisions to:
1. Administer and implement this article.
2. Prescribe measures to control,  monitor,  inspect and govern pesticide use.
3. Prohibit or restrict pesticide use.
4. Restrict the areas in which pesticide use may occur.
5. Prescribe minimum qualifications for all persons who engage in pesticide use,  including,  as appropriate,  requirements that the persons have valid licenses,  permits or certificates,  have adequate training,  including continuing education requirements,  and meet financial responsibility standards.
6. Prescribe appropriate recordkeeping and reporting requirements regarding pesticide use,  except that the recordkeeping and reporting requirements for growers and certified private applicators who apply pesticides shall be equivalent to,  but not more stringent than,  the requirements prescribed under the federal insecticide,  fungicide and rodenticide act (61 Stat. 163) and the food,  agriculture,  conservation and trade act of 1990 (P.L. 101-624;  104 Stat. 3359).
7. Prohibit pesticide use that is inconsistent with the pesticide label as required under the federal insecticide,  fungicide and rodenticide act (61 Stat. 163).
8. Exempt from regulation under this article pesticide use that is regulated in chapter 20 of this title.
9. Issue licenses,  permits and certificates for pesticide use,  as appropriate,  having terms of one or more years.
10. Charge and collect the following fees for each permit,  license and certification under this article:
(a) Not more than twenty dollars per year for a grower permit.
(b) Not more than one hundred dollars per year for a seller permit.
(c) Not more than one hundred dollars per year for a custom applicator license.
(d) Not more than fifty dollars per year for a pilot license.
(e) Not more than fifty dollars per year for a pest control advisor license.
(f) Not more than twenty-five dollars per year for a piece of equipment used to apply pesticides by a custom applicator.
(g) Not more than fifty dollars per year for restricted use certification.
(h) Not more than the amount set by the director by rule for a license or certificate for pesticide use on golf courses.
11. Establish a nonexclusive list of acts and omissions that constitute serious,  nonserious and de minimis violations of this article.
12. Establish a system of administrative penalties and fines for violations of this article and any rules adopted under this article. Under this system:
(a) Violators shall be assessed a number of points for each violation,  depending on such factors as:
(i) Potential and actual consequences of the violation on public and worker health and safety and the environment.
(ii) The wrongfulness of the conduct.
(iii) The degree of culpability of the violator.
(iv) The duration of the violation.
(v) Prior violations or citations.
(b) Penalties shall be assessed depending on the number of points accrued by the violator.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-363.01 - Reporting requirements; interagency agreement

3-363.01.
Reporting requirements;  interagency agreement
A. The director of the Arizona department of agriculture may enter into an interagency agreement with the department of environmental quality to allow the director to collect the pesticide reports required pursuant to section 49-305,  subsection B.
B. Rules adopted by the director pursuant to section 3-363,  paragraph 6 shall not prevent the director from collecting the pesticide reports required pursuant to section 49-305,  subsection B as a part of any interagency agreement entered into with the department of environmental quality.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-364 - Inspection powers; notice

3-364.
Inspection powers;  notice
A. The director may enter at reasonable times into or on or through any public or private property for the purpose of ascertaining compliance or noncompliance with any rules or orders adopted or issued under this article. If practicable,  and if notice will not inhibit the director's ability to enforce this article,  the director or the director's agent shall notify the owner,  operator or lessee of the property when entering on the property.
B. Within five days after the inspection the director shall inform any alleged violator in writing if the director anticipates an enforcement action. The notice of a potential enforcement action shall indicate the nature of the alleged violation and the last possible date for issuing a citation under section 3-368,  subsection F. If in the course of an investigation the department identifies any additional alleged violator,  the director shall inform the additional alleged violator within five days of initiating the new investigation. The notice of a potential enforcement action against the additional alleged violator shall indicate the nature of the alleged violation and the last possible date for issuing a citation or notice of de minimis violation under section 3-368,  subsection F. If the director does not issue a notice of a potential enforcement action,  the director shall inform the alleged violator within fifteen days after the inspection that the director does not anticipate any enforcement action.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-365 - Buffer zones

3-365.
Buffer zones
A. The odoriferous pesticides profenofos,  sulprofos,  def and merphos and other pesticides with similar odoriferous characteristics shall not be applied within one-fourth mile of a school,  child care facility,  a health care institution that meets the requirements of section 36-421,  subsection D,  a child care group home as defined by section 36-897 or at least twenty-five residences adjoining the field to be sprayed,  except by soil injection.
B. Highly toxic pesticides or paraquat shall not be applied within four hundred feet of a health care institution that meets the requirements of section 36-421,  subsection D,  except by soil injection.
C. Highly toxic pesticides or paraquat shall not be applied in liquid form,  except by soil injection,  within one hundred feet by aircraft or within fifty feet by ground equipment of at least twenty-five residences adjoining the field to be sprayed. Highly toxic pesticides shall not be applied in dust form by aircraft within three hundred feet of at least twenty-five residences adjoining the field to be sprayed.
D. Highly toxic pesticides and paraquat may be applied within one-fourth mile of schools,  child care group homes,  and child care facilities only if authorized activities at the school,  child care group home or child care facility are not scheduled to occur before the reentry time period assigned to the pesticide by provisions of the product label elapses. A responsible individual at a school,  a child care group home or a child care facility shall be notified of the application of pesticides,  other than highly toxic pesticides or paraquat,  by aircraft during daylight hours.
E. Nothing in this section permits the application of pesticide in such a way as to cause drift within the grounds of a residence,  school,  health care institution,  child care group home,  or child care facility,  but compliance with this section and the requirements of the pesticide label establishes a presumption of compliance with this subsection.
F. For the purposes of this section,  distances shall be measured from the property boundary of a school,  residence,  child care facility,  child care group home,  or health care institution closest to the field to be sprayed to the area of the field that is to be sprayed.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-366 - Pesticide management areas

3-366.
Pesticide management areas
A. The director shall designate pesticide management areas. Pesticide management areas may be urban areas that are adjacent to farmlands and have a history of concerns known by the department regarding nearby aerial pesticide applications. The director may adopt rules for designating pesticide management areas.
B. If possible at least twenty-four hours before applying a pesticide listed by the director under section 3-362,  subsection A,  paragraph 3 by aircraft in a pesticide management area the applicator shall notify the department. In any event,  every reasonable attempt shall be made to notify the department before every application of pesticide in a pesticide management area.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-367 - Private right of action

3-367.
Private right of action
A. Except as provided in subsection B of this section,  any person having an interest that is or may be adversely affected may commence a civil action in superior court on the person s own behalf:
1. Against any person,  including this state and any political subdivision of this state,  who is alleged to be in violation of this article or of an order,  permit or rule adopted or issued pursuant to this article other than a de minimis violation. The court shall have jurisdiction to enforce the provision,  order,  permit or rule and to apply any appropriate civil penalty under section 3-370.
2. Against the director where there is alleged a failure of the director to perform any act or duty under this article that is not discretionary with the director. The court shall have jurisdiction to order the director to perform such act or duty.
B. No action may be commenced in either of the following cases:
1. Before sixty days after the plaintiff has given notice of the alleged violation to the department and to any alleged violator or if,  within the sixty days,  the director begins and diligently performs the act or duty sought to be compelled.
2. If the attorney general has commenced and is diligently prosecuting an action before the department under section 3-368 or a civil action in the superior court of this state to require compliance with the permit,  order,  rule or provision of this article.
C. In any action under this section:
1. The director,  if not a party,  may intervene as a matter of right.
2. The plaintiff has the burden of proof.
D. The court,  in issuing any final order in any action brought pursuant to this section,  may:
1. Award costs of litigation,  including reasonable attorney and expert witness fees,  to any party whenever the court determines such award is appropriate and,  in addition,  to the defendant in the case of a frivolous action.
2. Provide for injunctive or other equitable relief or assess civil penalties that could have been administratively assessed. Any monies collected as civil penalties shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
E. This section shall not be construed to abrogate the provisions of chapter 1,  article 2 of this title.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-367.01 - Report of loss, damage or nonperformance; effect of failure to file

3-367.01.
Report of loss,  damage or nonperformance;  effect of failure to file
A. A person suffering loss,  damage or nonperformance on any agricultural,  ornamental or silvicultural crop resulting from the use or application by others of a pesticide or a method or device for applying pesticides shall file with the department and with the person or persons who are alleged to have caused the loss,  damage or nonperformance a written report as prescribed by subsection B within the following times:
1. For a growing crop,  within thirty days after the damage is noticed or before fifty per cent of the affected portion of the crop is harvested.
2. For a crop if damage is not visible during growing,  within fifteen working days after the damage was visible at harvest.
3. For a crop if damage was not visible during growing or at harvest and the crop is sold by the farmer,  within fifteen working days after the farmer is notified of the damage by the buyer.
B. The report shall include,  so far as is known to the claimant:
1. The name and address of the claimant.
2. The type,  kind and location of property allegedly injured or damaged.
3. The date the alleged loss,  damage or nonperformance occurred.
4. The name of the person allegedly responsible for the loss,  damage or nonperformance.
5. The suspected pesticide or action that caused the loss,  damage or nonperformance.
6. The name of the owner or occupant of the property on which the loss,  damage or nonperformance occurred.
C. The failure to report damage as required under this section is prima facie evidence that no loss occurred.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-367.02 - Notification by beekeepers of bees located in a commercial agricultural area

3-367.02.
Notification by beekeepers of bees located in a commercial agricultural area
A. Before locating bees on an apiary site,  the owner of the bees shall obtain the landowner's or lessee's permission and notify in writing persons engaged in commercial agriculture on whose land the bees may forage. The notice shall include the beekeeper's address and telephone number,  the location of the hives within a quarter section and the exact dates that the bees will be in the area.
B. After receiving the notice required by subsection A,  the person who engages in commercial agriculture shall inform the beekeeper,  before application,  when a bee sensitive pesticide will be applied to the area in which the bees are foraging.
C. A failure by the beekeeper or the owner of the bees to notify the person or persons who engage in commercial agriculture as provided by subsection A constitutes prima facie evidence that no loss occurred due to a pesticide application and no pesticide violation related to bees has occurred.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-368 - Enforcement; consultation with attorney general; citations and notices of violation

3-368.
Enforcement;  consultation with attorney general;  citations and notices of violation
A. The director is responsible for enforcing this article and shall receive and shall promptly and efficiently process all complaints regarding pesticide use. The director shall furnish to the attorney general a copy of each complaint filed under this article and copies of all investigative reports,  citations,  hearing notices and other action or pending action documents. Before a final disposition of a pesticide complaint the director and the attorney general shall jointly review the case to ensure that proper action is taken and to determine whether additional action or prosecution is required.
B. The director shall notify all persons who submit complaints alleging violations of this article or rules adopted pursuant to this article of the progress,  status and disposition of their complaints.
C. If the director investigates an alleged violation under this article and rules adopted pursuant to this article and determines that the violation did not result in any adverse health effects or property damage,  the director may issue a letter of warning. A letter of warning issued pursuant to this subsection is not subject to section 3-363,  paragraph 12.
D. If the director following an inspection or investigation determines that a de minimis violation occurred,  the director shall issue a notice of de minimis violation and maintain a record of the violation for three years. A person receiving a notice of de minimis violation may request a hearing pursuant to title 41,  chapter 6,  article 10.
E. If the director following an inspection or investigation determines that a nonserious or serious violation occurred,  the director shall issue a written citation. The citation shall be issued within twenty days for a nonserious violation or within ten days for a serious violation. Each citation shall contain the following:
1. A particular description of the nature of the violation,  including a reference to the provision of this article.
2. A reasonable time to abate the violation or take appropriate action.
3. A notice of the right to a hearing pursuant to title 41,  chapter 6,  article 10.
F. No citation or notice of de minimis violation may be issued after the expiration of six months from the date of the inspection which produced evidence of the violation. If in the course of an investigation the department identifies any additional alleged violator,  the department may investigate the additional alleged violator. No citation or notice of de minimis violation may be issued after the expiration of six months from the date any additional alleged violator is identified by the department.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-370 - Civil penalty; criminal violation; classification

3-370.
Civil penalty;  criminal violation;  classification
A. A person who,  after a hearing,  is found to have caused a nonserious violation of any provision of this article or any rule or order issued or adopted pursuant to this article is subject to probation or suspension,  revocation,  nonrenewal or denial of a permit,  license or certification. Additionally,  a person may be subject to a civil penalty of not to exceed five hundred dollars for each nonserious violation.
B. A person who,  after a hearing,  is found to have caused a serious violation of any provision of this article or any rule or order issued or adopted pursuant to this article is subject to probation or suspension,  revocation,  nonrenewal or denial of a permit,  license or certification. Additionally,  the person may be subject to a civil penalty of not more than ten thousand dollars for each serious violation.
C. In addition to civil penalties prescribed by this section,  a person who knowingly commits:
1. A nonserious violation of this article is guilty of a class 1 misdemeanor.
2. A serious violation of this article is guilty of a class 6 felony.
D. Actions to recover penalties under subsection C shall be brought by the attorney general in the name of this state in the superior court in the county in which the violation occurred or in a county in which the department maintains an office.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-371 - Cease and desist order

3-371.
Cease and desist order
The director of the Arizona department of agriculture or the director of the department of health services may issue a cease and desist order for not to exceed twenty-four hours,  or until an administrative hearing is held,  to terminate the application of pesticides if either or both find that an imminent and serious hazard to the public health and safety exists. The order is immediately effective. The order shall also set a time,  but not later than twenty-four hours after the date and time of the order,  for the hearing on the order. If evidence produced at the hearing shows that the order was unreasonable and that public health and safety were not threatened or that conditions have changed making the order unnecessary,  the order shall be revoked. Except as provided in section 41-1092.08,  subsection H,  a party to the final administrative decision on the cease and desist order may obtain judicial review pursuant to title 12,  chapter 7,  article 6.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-372 - Emergency use of pesticides

3-372.
Emergency use of pesticides
During a time when a person's license,  permit,  certificate or registration is under suspension or revocation or an order has been issued,  a person requiring the application of a pesticide may apply to the director for emergency relief. If the director determines that an emergency exists which requires an application of pesticide,  the director may authorize an application of pesticide under supervision and under conditions prescribed by the director. The cost of such supervision shall be borne by the person whose permit or license is suspended or revoked or on whom an order has been issued. The director shall adopt guidelines on what constitutes an emergency.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-373 - Annual pesticide report

3-373.
Annual pesticide report
The associate director shall submit an annual report to the director,  the governor and the legislature on or before October 1 each year containing the following information for the preceding fiscal year relating to the division's activities under this article:
1. The number of full-time employee positions in the division that are authorized and filled for regulating pesticides as of June 30.
2. A brief summary of rules proposed or adopted during the reporting period.
3. The number of persons having each type of permit,  certificate,  license and registration issued as of June 30.
4. The number of persons whose permits,  certificates,  licenses or registrations were revoked,  suspended or otherwise altered in status with brief statements of the reasons for the revocation,  suspension or alteration.
5. The number of written complaints and other communications received by the division which allege a violation of this article or a rule adopted under this article.
6. A summary,  by specific category,  of the substance of the complaints and communications referred to in paragraph 5 of this section and,  for each specific category,  the responses or dispositions of those complaints.
7. A compilation,  based upon reports filed in compliance with rules adopted pursuant to section 3-363,  of the amount,  frequency and type of pesticides used in this state by specific categories of acute toxicity and including but not limited to identification of pesticides which:
(a) Are known by the administrator of the federal environmental protection agency to require special application procedures to protect endangered species or which contain ingredients or produce degradation products that are carcinogenic,  mutagenic or teratogenic.
(b) Are extremely hazardous substances listed pursuant to section 302 of the superfund amendments and reauthorization act or title III of the clean air act as amended.
(c) Have extended reentry intervals of greater than forty-eight hours for worker protection.
8. Based on reports received from pesticide users and reports prepared pursuant to paragraphs 4,  5 and 6 of this section,  specific recommendations regarding statutory or administrative changes to improve pesticide regulation in this state considering environmental and public health and safety factors.
9. Any other information which the associate director believes is useful in reviewing the division's activities.