reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3103 - Assistant director for the office of agricultural safety

3-3103.
Assistant director for the office of agricultural safety
The director shall appoint a person as assistant director for the office of agricultural safety who,  at the time of appointment:
1. Has been employed in the agricultural safety or health profession for at least two years and is currently engaged in the broad practice of safety or health or one of its relevant specialties or holds a degree from an accredited college or university appropriate to the field of agricultural safety and health and has at least one year of experience in the broad practice of safety or one of its relevant specialties.
2. Is competent to deal with the planning,  design and needs of agricultural operations as the use of such operations relates to the safe,  convenient and economic performance of agricultural functions.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3104 - Duties of employer and employee

3-3104.
Duties of employer and employee
A. Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.
B. Each employer shall comply with agricultural safety and health standards and all rules and orders issued pursuant to this article.
C. Notwithstanding subsection A of this section,  a condition or practice which is common in agriculture is not deemed a recognized hazard unless a standard or rule concerning the condition or practice has been developed pursuant to section 3-3106,  3-3108 or 3-3109.
D. Each employee shall comply with agricultural safety and health standards and all rules and orders issued pursuant to this article which apply to his own actions and conduct.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3105 - Powers and duties

3-3105.
Powers and duties
The assistant director shall:
1. Administer this chapter.
2. Cooperate with the federal government to establish and maintain an agricultural safety and health program.
3. Propose to the director for adoption by the department standards and rules pursuant to section 3-3106,  3-3108 or 3-3109 and other rules that are necessary for the office to function efficiently.
4. Enforce all standards and rules adopted by the department pursuant to the procedures and requirements of this article.
5. Implement an agricultural safety and health program,  including the following duties and responsibilities:
(a) Development of a statewide agricultural safety and health education and training program to acquaint employers,  supervisors,  employees and employee representatives with the most modern and effective techniques of accident prevention and agricultural health control.
(b) Development of training programs for employees of the office and,  if necessary,  development of certification programs for recognition of competent,  trained personnel.
(c) Coordinate training programs with state and federal agencies including the university of Arizona college of agriculture,  the United States department of agriculture and vocational education programs.
(d) Planning,  organizing,  conducting or attending safety and health seminars,  conferences and meetings designed for management,  supervisory personnel,  employees and employee representatives and establishing liaison with other safety and health groups as may be necessary.
(e) Definition and establishment of necessary research projects.
(f) Arrangement and procurement of necessary contractual services and training aids.
(g) Development of specific agricultural safety and health programs for employer and employee representative groups.
6. Collect and analyze agricultural safety and health statistics generated by the industrial commission,  the department of health services,  the department of environmental quality and any other state or federal agency that produces such information.
7. Coordinate the responsibilities and functions of other administrative units in the department with regard to agricultural safety and health in order to develop a comprehensive statewide program.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3106 - Pesticides

3-3106.
Pesticides
The department shall adopt rules consistent with this section prescribing safe work practices for employees who mix,  load,  apply,  store or otherwise handle pesticides for agricultural uses and for employees who are exposed to residues of these pesticides after application or persons who are incidentally exposed to pesticides when or after they are applied. The rules shall include,  but are not limited to,  provisions that relate to:
1. Exposure to pilots,  mixers,  loaders,  flaggers and ground and aerial applicators.
2. Employee training and instruction.
3. Emergency medical care.
4. The times and conditions under which employees may work alone with pesticides.
5. Adequate facilities,  equipment and water for changing clothes and washing.
6. Necessary safety equipment and its cleaning.
7. Limiting,  as necessary,  field reentry after pesticide application.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3109 - Emergency temporary standards

3-3109.
Emergency temporary standards
A. The department may provide for emergency temporary standards or rules to take immediate effect on filing with the secretary of state if it determines that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards and that the emergency standard or rule is necessary to protect employees from such danger.
B. Emergency temporary standards or rules are effective until superseded by standards or rules adopted pursuant to section 3-3108.
C. On filing such a standard or rule with the secretary of state the department shall begin a proceeding pursuant to section 3-3108 and the emergency temporary standard or rule shall serve as a proposed standard or rule for the proceeding. The department shall adopt a standard or rule under this subsection no later than six months after filing the emergency temporary standard or rule
D. Emergency temporary standards are not subject to title 41,  chapter 6,  but the department shall provide twenty days' advance notice of the meeting at which the emergency temporary standard will be adopted,  and the proposed standard. The department shall receive public testimony at the meeting regarding the emergency temporary standard.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3110 - Citations

3-3110.
Citations
A. If the assistant director,  after an inspection or investigation,  determines that there is reasonable cause to believe that a violation exists the assistant director shall with reasonable promptness recommend to the director that a citation be issued to the employer. If the director issues a citation it shall be in writing and shall contain the following:
1. A particular description of the nature of the violation,  including a reference to the provision of this article,  or of the standard or rule alleged to have been violated.
2. A reasonable time to abate the violation.
3. A notice that the employer may request a hearing if the employer is aggrieved by the citation.
B. A certified mail delivery receipt or a signed verification of delivery in person is prima facie evidence of the receipt of a citation.
C. Each citation or copy of a citation issued under this section shall be prominently posted at or near each place a violation referred to in the citation existed.
D. No citation may be issued after the expiration of a period of six months from the date of the inspection that 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 may be issued after the expiration of six months from the date the additional alleged violator is identified by the department.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3111 - De minimis violations

3-3111.
De minimis violations
A. The assistant director may issue an advisory notice stating de minimis violations of standards and rules which carry no penalty,  unless the employer or trainer wilfully and repeatedly violates the standard or rule,  in which case the assistant director may refer the matter to the director for appropriate action pursuant to section 3-3113.
B. No advisory notice stating a de minimis violation may be issued under this section after the expiration of a period of six months after the date of the inspection that produced evidence of an alleged violation. If in the course of an investigation the department identifies any additional alleged violator,  the department may investigate the additional alleged violator. No advisory notice may be issued after the expiration of six months from the date the additional alleged violator is identified by the department.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3112 - Enforcement procedure

3-3112.
Enforcement procedure
A. If the director,  after an inspection or investigation,  issues a citation pursuant to section 3-3110,  the director shall notify the employer by mail,  within a reasonable time after termination of the inspection or investigation,  of any penalty proposed to be assessed pursuant to section 3-3113 and that the employer has thirty days within which to request a hearing pursuant to title 41,  chapter 6,  article 10 if the employer wishes to appeal the citation or proposed assessment of penalty.
B. The period permitted for correction of a violation does not begin to run until the entry of a final order in the case of any review proceedings pursuant to this section initiated by the employer in good faith and not solely for delay or avoidance of penalties. If the director has reason to believe that an employer has failed to correct a violation for which a citation has been issued within the period permitted,  the director shall notify the employer by mail of such failure,  of the penalty proposed to be assessed pursuant to section 3-3113 and that the employer has thirty days within which to request a hearing pursuant to title 41,  chapter 6,  article 10 if the employer wishes to appeal the notification or proposed assessment of penalty.
C. An affected employee or employee representative may request a hearing to appeal the period allowed an employer to abate a particular violation if the employee or employee representative requests the hearing within the abatement period allowed in the citation or within thirty days from the date of receipt of the citation,  whichever is shorter.
D. On a showing by an employer of a good faith effort to comply with the abatement requirements of a citation,  and that abatement has not been completed because of factors beyond the reasonable control of the employer,  the department or its authorized designee,  after an opportunity for a hearing,  shall issue an order affirming or modifying the abatement requirements in the citation. The department shall provide affected employees or representatives of affected employees with an opportunity to participate as parties to hearings under this subsection.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3114 - Additional penalty for wilful or repeated violation causing employee permanent disability or death covered by workers' compensation; payment to employee; enforcement

3-3114.
Additional penalty for wilful or repeated violation causing employee permanent disability or death covered by workers' compensation;  payment to employee;  enforcement
A. In addition to penalties prescribed by section 3-3113,  the director shall assess a penalty of twenty-five thousand dollars against an employer who is assessed a penalty under section 3-3113,  subsection A for each employee injury resulting in permanent disability or death if the director finds all of the following:
1. The employee injury resulting in permanent disability or death was caused by the violation for which the employer is assessed a penalty under section 3-3113,  subsection A.
2. Compensation benefits are paid to the injured employee,  or in the event of death,  the employee s dependents,  under title 23,  chapter 6.
3. The violation for which the employer is assessed a penalty under section 3-3113,  subsection A did not result from the injured or deceased employee's disobedience to specific instructions given to the employee regarding the job condition causing the injury or death or relating to the safety standards applicable to that job condition.
B. Each additional penalty assessed under this section shall be paid to the injured employee,  or in the event of death,  the employee s dependents,  in addition to the benefits paid under title 23,  chapter 6.
C. Pursuant to title 41,  chapter 6,  article 10,  an employer may request a hearing on an additional penalty assessed under this section. An additional penalty under this section that becomes final operates as a judgment against the employer and may be enforced by either the director or the injured employee,  or in the case of death,  the employee s dependents,  and all lawful remedies for the collection of judgments,  including provisional remedies,  are available. This section does not create any right of action or recovery against the employer's workers' compensation insurance carrier,  and the additional penalty provided by this section is not a compensation benefit under title 23,  chapter 6 and is not subject to the payment of attorney fees.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3115 - Imminent dangers

3-3115.
Imminent dangers
A. The superior court has jurisdiction on filing of a verified complaint by the director to restrain any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this article. Any order issued under this section may require such steps to be taken as may be necessary to avoid,  correct or remove such imminent danger and prohibit the employment or presence of any individual in locations or under conditions where such imminent danger exists,  except individuals whose presence is necessary to avoid,  correct or remove such imminent danger or to maintain the capacity of a continuous process operation to resume normal operations,  or if a cessation of operations is necessary,  to permit the cessation to be accomplished in a safe and orderly manner.
B. On the filing of any such complaint the superior court has jurisdiction to grant injunctive relief or a temporary restraining order pending the outcome of an enforcement proceeding pursuant to this article. The proceeding shall be as provided by the rules of civil procedure.
C. If,  and as soon as,  the director or his authorized representative concludes that conditions or practices described in subsection A exist in any place of employment,  he shall inform the affected employees and employers of the danger and that he is recommending that relief be sought.
D. If the director or his authorized representative arbitrarily or capriciously fails to seek relief under this section,  any employee who may be injured by reason of such failure or the representative of such employees may bring an action against the director in superior court for a writ of mandamus to compel the director to seek such an order and for such further relief as may be appropriate.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3119 - Nonliability

3-3119.
Nonliability
Notwithstanding any law to the contrary,  neither the director nor his authorized representative is subject to civil liability for any acts or omissions in the course of any inspection or investigation for the department if he is acting in a reasonable manner,  considering the activity in which he is engaged.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3121 - Trade secrets; confidentiality

3-3121.
Trade secrets;  confidentiality
All information reported to or obtained by the department or its representatives in connection with any inspection or investigation under this article which contains or which might reveal a trade secret is considered confidential for the purpose of this article,  except that the information may be disclosed to other representatives of the office or department concerned with carrying out this article or if it is relevant in any proceeding under this article. In any such proceeding,  the department,  assistant director,  director,  hearing officer or courts shall issue orders as may be appropriate to protect the confidentiality of trade secrets.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3123 - Testimony of witnesses; compensation; order of superior court to appear

3-3123.
Testimony of witnesses;  compensation;  order of superior court to appear
The director may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses are entitled to be paid the same fees and mileage paid witnesses in the courts of this state. If any person fails or refuses to obey such an order,  the director may apply to the superior court in any county where the person is found,  resides or transacts business for an order requiring the person to produce evidence and to give testimony as ordered. The failure to obey such order is contempt of court.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3124 - Agricultural education and training program

3-3124.
Agricultural education and training program
A. The assistant director shall develop an agricultural safety education and training program utilizing visits to the workplace of employers to provide education and advice to employers. The visits:
1. May be conducted only on request by an employer for education and advice on the interpretation or applicability of standards,  possible alternative ways of complying with applicable standards or other matters related to accident prevention,  agricultural health or obligations pursuant to this article.
2. Shall be limited to matters specified in the request.
B. If,  after evaluating the request,  the assistant director determines an alternative means of providing education is more appropriate and equally effective,  he may provide the alternative means rather than education at the workplace.
C. The assistant director shall make recommendations regarding solutions to matters within the scope of the workplace education.
D. A visit pursuant to this section shall not be regarded as an inspection or investigation pursuant to section 3-3110. No citation may be issued nor may any civil penalties be proposed on such a visit,  except that nothing in this section affects in any manner any provision of this article the purpose of which is to eliminate imminent danger violations.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3125 - Trainer certification

3-3125.
Trainer certification
A. The assistant director shall develop a certification program for training persons who train employers and employees in agricultural health and safety standards as provided by section 3-3105.
B. The assistant director may recommend to the director for the adoption of rules relating to certifying trainers pursuant to this section.
C. The assistant director may deny,  revoke or suspend a trainer certification or training program if the assistant director has reasonable grounds to believe that the training program does not comply,  or the trainer has violated or failed to comply,  with the agricultural safety training program.
D. The trainer may request in writing that the department provide an administrative hearing to appeal any denial,  revocation or suspension of the approval pursuant to rules adopted by the department.
E. The assistant director may provide a trainer at the request of and for the assistance of the livestock and agriculture committee established pursuant to section 5-113,  subsection C.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3411 - Standard weights and measures

3-3411.
Standard weights and measures
The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized,  and either one or both of such systems shall be used for all commercial purposes in the state. The definitions of basic units of weight and measure,  the tables of weight and measure,  and weights and measures equivalents,  as published by the national institute of standards and technology are recognized and shall govern weighing and measuring equipment and transactions in the state.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3412 - Physical standards

3-3412.
Physical standards
Weights and measures that are traceable to the United States prototype standards supplied by the federal government,  or approved as being satisfactory by the national institute of standards and technology,  shall be the state reference standards of weights and measures and shall be maintained in such calibration as prescribed by the national institute of standards and technology. All secondary standards may be prescribed by the associate director and shall be verified on initial receipt and as often thereafter as deemed necessary by the associate director.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3413 - Technical requirements for commercial devices

3-3413.
Technical requirements for commercial devices
The specifications,  tolerances and other technical requirements for commercial devices as adopted by the national conference on weights and measures and published in national institute of standards and technology handbook 44,  " specifications,  tolerances,  and other technical requirements for commercial weighing and measuring devices"  shall apply to commercial weighing and measuring devices in the state. The edition of the national institute of standards and technology handbook 44 shall be determined by rule,  pursuant to section 3-3414,  subsection A,  paragraph 4.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3415 - Enforcement powers of the associate director, agents and inspectors

3-3415.
Enforcement powers of the associate director,  agents and inspectors
A. When necessary for the enforcement of this chapter and rules adopted pursuant to this chapter,  the associate director or the associate director's agents and inspectors shall:
1. Enter any commercial,  nonprofit business or governmental premises during normal operating hours,  except that if the premises are not open to the public,  the associate director or the associate director's agents and inspectors shall first present their credentials.
2. Issue stop-use,  hold and removal orders with respect to any weights and measures commercially used,  stop-sale,  hold and removal orders with respect to any commodities,  bulk commodities or motor fuel kept,  offered or exposed for sale,  stop-use and hold orders with respect to a vapor recovery system or parts of a vapor recovery system and stop-use,  stop-sale,  hold and removal orders with respect to any motor fuel found to be in violation of this chapter or rules adopted pursuant to this chapter.
3. Seize for use as evidence,  without formal warrant,  any incorrect or unapproved weight,  measure,  package or commodity found to be used,  retained,  offered or exposed for sale or sold in violation of this chapter or rules adopted pursuant to this chapter.
4. Stop any commercial vehicle on reasonable cause to believe that the vehicle contains evidence of a violation of this chapter and,  after presentment of the credentials of the associate director or the associate director's agents or inspectors,  inspect the contents,  require that the person in charge of the vehicle produce any documents in the person's possession concerning the contents and require the person to proceed with the vehicle to some specified place for inspection.
B. With respect to the enforcement of this chapter,  the associate director or the associate director's agents or inspectors may issue a warning requiring corrective action or a citation to any violators of this chapter in accordance with section 13-3903.
C. The associate director or the associate director's agents or inspectors may apply for a special inspection warrant for inspection of real or personal property for the purpose of enforcement of this chapter. The special inspection warrant shall be issued as provided in section 49-433.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3416 - State metrology laboratory; operation; standards; testing

3-3416.
State metrology laboratory;  operation;  standards;  testing
A. The associate director shall establish and operate within the division the state metrology laboratory.
B. A commercial device shall not be approved for use in the state unless the design and construction comply with national institute of standards and technology requirements.
C. All commercial devices approved and certified shall meet the tolerance,  design and construction requirements prescribed by the national institute of standards and technology.
D. All commercial devices that are determined unfit for approval shall be rejected without testing.
E. All weights,  weight sets,  measures,  meters,  counters or other devices that are used by registered service representatives shall show an indication of the approval date and jurisdiction issuing the approval.
F. All persons who install,  service or repair commercial devices in this state shall submit the test equipment used to the division's metrology laboratory for approval at least annually. A certificate of approval that specifically identifies the test equipment and that is issued by another state laboratory may be accepted in lieu of submitting equipment if the other state laboratory is certified by the national institute of standards and technology.
G. All weights,  measures,  meters,  counters or other devices shall be tested in the order they are scheduled in the laboratory unless arrangements for testing have been made in advance.
H. Work that is completed in the metrology laboratory shall be paid for pursuant to the fees prescribed in the rules of the division.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3418 - Disposition of seized property

3-3418.
Disposition of seized property
One hundred eighty days after the final disposition of an investigation and any ensuing enforcement action,  the division may destroy those weights,  measures or devices that are seized pursuant to section 3-3414 or 3-3415 or transfer the items to the department of administration for disposition as state surplus property pursuant to the direction of the department of administration,  surplus property division.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3419 - Consultation and training program; inspection training program

3-3419.
Consultation and training program;  inspection training program
The associate director may develop and implement the following training programs:
1. A consultation and training program for entities regulated under this chapter that uses on-site visits,  training and educational materials,  and informational presentations to provide training and advice on interpreting,  applying and complying,  including alternative methods of complying,  with the statutes,  rules,  regulations,  standards or other matters relating to compliance with this chapter.
2. An inspection training program for division inspectors and employees to ensure that all inspections and tests provided for in this chapter are conducted in a consistent manner to the extent practicable.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3432 - Sale, delivery or consignment of motor fuel; temperature presumption

3-3432.
Sale,  delivery or consignment of motor fuel;  temperature presumption
For the purpose of any sale,  offer to sell,  delivery or consignment of motor fuel in a quantity of five thousand gallons or more,  the volume of the motor fuel for the purposes of calculating the price of the motor fuel is considered to be the volume that the quantity of the motor fuel would equal at the time of loading for sale,  delivery or consignment if the temperature of the motor fuel was sixty degrees Fahrenheit. Any correction or adjustment required by this section shall be calculated on the basis of American society for testing and materials D1250-80,  table 6B.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3434 - Area C; standards for motor fuel; exceptions

3-3434.
Area C;  standards for motor fuel;  exceptions
A. Except as provided in subsections C and D of this section,  after May 31,  2008,  a retail seller or fleet owner shall not store,  sell or expose or offer for sale in area C any motor fuel,  kerosene,  oil or other liquid or gaseous fuel or lubricating oil,  lubricant,  mixtures of lubricants or other similar products if the product fails to meet the standards specified in this section and in the rules adopted by the associate director.
B. A person shall not misrepresent the nature,  origination,  quality,  grade or identity of any product specified in subsection A of this section or represent the nature,  origination,  quality,  grade or identity of such product in any manner calculated or tending to mislead or in any way deceive.
C. After consultation with the director of the department of environmental quality,  the standards and test methods for motor fuels shall be established by the associate director of the division by rule.
D. Maximum vapor pressure for gasoline that is supplied or sold by any person and that is intended as a final product for the fueling of motor vehicles in area C shall be 7.0 pounds per square inch from and after May 31 through September 30 of each year. Fuel used in motor vehicles at a manufacturer's proving ground or a motor vehicle racing event is exempt from this subsection.
E. The associate director of the division in consultation with the director of the department of environmental quality shall approve alternate fuel control measures that are submitted by gasoline providers and that the director and associate director determine will result in motor vehicle non-methane hydrocarbon emissions that are equal to or less than the emissions that result under compliance with subsection D of this section. In making this determination,  the associate director of the division and the director of the department of environmental quality shall compare the motor vehicle non-methane hydrocarbon emissions of the alternate fuel control measure with the motor vehicle non-methane hydrocarbon emissions of a fuel that complies with the maximum vapor pressure standard as prescribed by subsection D of this section.
F. Any alternate fuel control measures that are approved shall not increase emissions of non-methane hydrocarbons,  particulates,  carbon monoxide or oxides of nitrogen. Alternate fuel control measures approved pursuant to subsection E of this section and this subsection may be used by any gasoline provider unless the approval is rescinded more than one hundred eighty days before the first day of a gasoline control period. Gasoline providers that use an approved alternate fuel control measure shall annually submit a compliance plan to the associate director no later than sixty days before the first day of a gasoline control period.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3436 - Dispensing motor fuel; hold-open latches; grip guards; definition

3-3436.
Dispensing motor fuel;  hold-open latches;  grip guards;  definition
A. A retail seller may equip all nozzles from which motor fuel is dispensed with an operating hold-open latch.
B. From and after September 30,  2018,  all retail diesel fuel dispensers shall be equipped with nozzles that have green grip guards and all retail ethanol flex fuels shall be equipped with yellow grip guards. Other product nozzles may not have green or yellow grip guards.
C. For the purposes of this section,  " hold-open latch"  means a device that is an integral part of the automatic nozzle and that is specifically manufactured to dispense motor fuel without requiring the consumer's physical contact with the automatic nozzle.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3437 - Aversive or bittering agent in engine coolant and antifreeze; liability limitation; exceptions; violation; classification

3-3437.
Aversive or bittering agent in engine coolant and antifreeze;  liability limitation;  exceptions;  violation;  classification
A. Engine coolant or antifreeze that is sold in this state on or after January 1,  2008,  that is manufactured on or after September 1,  2007 and that contains more than ten percent ethylene glycol shall include denatonium benzoate at a minimum of thirty parts per million and a maximum of fifty parts per million as an aversive or bittering agent in the product to render it unpalatable. A manufacturer or packager of engine coolant or antifreeze that is subject to this section shall maintain a record of the trade name,  scientific name and active ingredients of the aversive or bittering agent used pursuant to this section. A manufacturer or packager of engine coolant or antifreeze shall furnish information and documentation maintained pursuant to this section to a member of the public on request.
B. This section applies only to manufacturers,  packagers,  distributors,  recyclers or sellers of engine coolant or antifreeze. For the purposes of this section,  selling does not include the installation of engine coolant or antifreeze for compensation.
C. A manufacturer,  packager,  distributor,  recycler or seller of engine coolant or antifreeze that is required to contain an aversive or bittering agent pursuant to this section is not liable to any person for personal injury,  death,  property damage,  damage to the environment or natural resources or economic loss that results from the inclusion of denatonium benzoate in engine coolant or antifreeze.
D. The limitation on liability provided in subsection C of this section applies only if denatonium benzoate is included in engine coolant or antifreeze in the concentrations required by this section. The limitation on liability provided in subsection C of this section does not apply to a particular liability to the extent that the cause of that liability is unrelated to the inclusion of denatonium benzoate in engine coolant or antifreeze.
E. A political subdivision of this state shall not establish or continue in effect a prohibition,  limitation,  standard or other requirement relating to the inclusion of an aversive or bittering agent in engine coolant or antifreeze,  with respect to retail containers containing less than fifty-five gallons of engine coolant or antifreeze,  that is different from,  or in addition to,  this section.
F. This section does not apply to either:
1. The sale of a motor vehicle that contains engine coolant or antifreeze.
2. Wholesale containers of engine coolant or antifreeze containing fifty-five gallons or more of engine coolant or antifreeze.
G. The division may inspect,  investigate,  analyze and take appropriate actions to administer and enforce this section.
H. A person who violates this section is guilty of a class 3 misdemeanor.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3471 - Registered service representative; powers; violation; classification

3-3471.
Registered service representative;  powers;  violation;  classification
A. When any commercial device specified in this chapter is in commercial use and a valid license for the device has not been procured by the owner,  the owner's agent or the operator of the device,  the division,  after giving notice of the licensing requirements to the owner,  the owner's agent or the operator,  shall prohibit the further commercial use of the unlicensed device until the proper license has been issued. The division may employ and attach to the device such forms,  notices or security seals as it considers necessary to prevent the continued unauthorized use of the device.
B. A registered service representative may:
1. With approval of the division,  remove an official rejection tag placed on a commercial device,  vapor recovery system or vapor recovery component.
2. Place in service,  until such time as an official examination can be made,  a commercial device,  vapor recovery system or vapor recovery component that has been officially rejected or placed out of service.
3. Place in service,  until such time as an official examination can be made,  a commercial device for which a commercial device application has been completed and submitted to the division.
C. The owner of any business who has not applied for and has not been issued a license for the right to do business,  involving the use of a commercial device,  by the division and who is found selling or offering for sale or delivering or distributing to a consumer is guilty of a class 2 misdemeanor,  and the division shall confiscate and seize the commercial device or any vehicle tank,  or vehicle tank and meter,  or any other such measuring device used by the business for the sale,  delivery or distribution as evidence.
D. The associate director and any other authorized personnel shall not be liable to the owner or any other persons,  firms,  partnerships,  corporations,  trusts or agencies for damages,  directly or indirectly,  caused by or resulting from the seizure.
E. If a commercial device licensed pursuant to this chapter is used contrary to any provision of this chapter or any rule adopted pursuant to this chapter,  the division,  in addition to any other penalty imposed by this chapter,  shall suspend,  revoke or refuse to renew the license.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3472 - Revocation or suspension of licenses; procedure; judicial review

3-3472.
Revocation or suspension of licenses;  procedure;  judicial review
A. Except as otherwise provided by this section,  any proceeding to revoke or suspend a license issued pursuant to this chapter shall be conducted in accordance with title 41,  chapter 6,  article 10.
B. The associate director may initiate proceedings for revocation or suspension of a license issued pursuant to this chapter on the associate director's own motion or on a verified complaint for noncompliance with or a violation of this chapter or of any rule adopted pursuant to this chapter.
C. If,  after having been served with the notice of hearing as provided for in title 41,  chapter 6,  article 10,  the licensee fails to appear at the hearing and defend,  the division shall proceed to hear evidence against the licensee and shall enter such order as is justified by the evidence,  which order shall be final unless the licensee petitions for a review as provided in title 41,  chapter 6,  article 10.
D. At all hearings the attorney general of this state,  one of the attorney general's assistants,  or a special assistant designated by the attorney general shall appear and represent the division.
E. Except as provided in section 41-1092.08,  subsection H,  any final administrative decision made pursuant to this chapter is subject to judicial review pursuant to title 12,  chapter 7,  article 6.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3474 - Presumptive evidence of use

3-3474.
Presumptive evidence of use
When a weight,  measure,  meter,  counter or commercial device is in or about any place in which or from which buying or selling is commonly carried on,  there shall be a rebuttable presumption that the weight,  measure,  meter,  counter or commercial device is regularly used for the business purpose of the place.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3475 - Civil penalties; hearing

3-3475.
Civil penalties;  hearing
A. A person who violates this chapter,  any rule of the division or any license requirement is subject to a civil penalty imposed by the associate director.
B. A person who violates this chapter,  any rule of the division or any license requirement may request an informal or formal hearing to review a civil penalty imposed under this section. If the person requests an informal hearing,  the division may conduct the informal hearing,  in person or telephonically,  to resolve a warning or citation. If the person requests a formal hearing or the warning or citation is not resolved in the informal hearing,  the division shall conduct a formal hearing in accordance with title 41,  chapter 6,  article 10. Except as prescribed in subsection C of this section,  the civil penalty shall not exceed one thousand dollars for each infraction nor more than ten thousand dollars for any thirty-day period at each business location,  for each registered service representative or for each public weighmaster,  provided that no person shall be assessed more than fifty thousand dollars per thirty-day period.
C. The associate director may double the maximum civil penalty if any of the following applies:
1. A commercial device is found to be in violation with results that favor the retailer at more than twice the allowable tolerance as stated in national institute of standards and technology handbook 44.
2. A package is found to exceed the maximum allowable variation for the labeled quantity allowed in national institute of standards and technology handbook 133 or the average error of the lot is twice the sample error limit in favor of the retailer.
3. A vapor recovery system reinspection fails the required tests.
4. A maximum civil penalty has been imposed on a retailer for a price posting or price verification violation and in a reinspection,  if conducted within ninety days,  the failure rate is ten percent or more and at least one error is in favor of the retailer.
5. A maximum civil penalty has been imposed on a refiner,  refinery,  pipeline,  terminal,  fuel transporter,  registered supplier or transmix processing facility for a violation of motor fuel quality standards or producing a product transfer document that is incorrect,  incomplete or produced in any manner tending to mislead or deceive a person.
D. The attorney general shall bring actions to recover civil penalties pursuant to this section in the superior court in the county in which the violation occurred or in a county where the agency has its office. All monies derived from civil penalties shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3476 - Delinquent civil penalties and fees

3-3476.
Delinquent civil penalties and fees
In addition to any other penalty,  if a civil penalty or any fee due pursuant to this chapter has not been paid thirty days after the due date,  the civil penalty or fee is delinquent and the division may refuse to issue a license or may revoke a license pursuant to this chapter until the civil penalty or fee is paid in full.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3492 - Area A; sale of gasoline; oxygen content

3-3492.
Area A;  sale of gasoline;  oxygen content
A. From and after November 1 through March 31 of each year:
1. All gasoline that is supplied or sold by any person and that is intended as a final product for the fueling of motor vehicles within a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A or that is consumed in a motor vehicle in a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A by a fleet owner shall,  for a gasoline-ethanol blend,  contain not less than ten percent by volume of ethanol nor more than the maximum percentage of oxygen allowed by provisions of a waiver issued or other limits established by the United States environmental protection agency.
2. All gasoline that is supplied or sold by any person and that is intended as a final product for the fueling of motor vehicles within a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A or that is consumed in a motor vehicle within a county with a population of one million two hundred thousand or more persons and any portion of a county contained in area A by a fleet owner shall,  for a blend other than a gasoline-ethanol blend,  contain not less than 2.7 percent by weight of oxygen nor more than the maximum percentage of oxygen allowed by provisions of a waiver issued or other limits established by the United States environmental protection agency.
B. Notwithstanding subsection A of this section,  the associate director of the division in consultation with the director of the department of environmental quality shall approve alternate fuel control measures that are submitted by gasoline providers and that the director and the associate director determine will result in motor vehicle carbon monoxide emissions that are equal to or less than emissions that result under compliance with subsection A of this section and section 3-3433. In making this determination,  the associate director of the division and the director of the department of environmental quality shall compare the emissions of the alternate fuel control measure with the emissions of a fuel with a maximum vapor pressure standard as prescribed by section 3-3433 and with the minimum oxygen content or percentage by volume of ethanol as prescribed by this section.
C. Any alternate fuel control measures that are approved shall not increase emissions of non-methane hydrocarbons,  particulates,  carbon monoxide or oxides of nitrogen. Alternate fuel control measures approved pursuant to subsection B of this section and this subsection may be used by any gasoline provider unless the approval is rescinded more than one hundred eighty days before the first day of a gasoline control period. Gasoline providers that use an approved alternate fuel control measure shall annually submit a compliance plan to the associate director no later than sixty days before the first day of a gasoline control period.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3495 - Area B; sale of gasoline; oxygen content

3-3495.
Area B;  sale of gasoline;  oxygen content
A. From and after September 30 through March 31 of each year,  all gasoline that is supplied or sold by any person and that is intended as a final product for the fueling of motor vehicles within area B or that is consumed in a motor vehicle within area B by a fleet owner shall contain not less than 1.8 percent by weight of oxygen nor more than the maximum percentage of oxygen allowed by the provisions of a waiver issued by the United States environmental protection agency.
B. Notwithstanding subsection A of this section,  at any time earlier than sixty days before September 30 of each year,  the designated air quality planning agency for area B with the concurrence of the director of the department of environmental quality may give notice,  pursuant to the applicable plan required under section 49-406 for the Tucson air planning area,  to the associate director of the division that the minimum oxygen content for the ensuing oxygenate seasons will be increased not less than .3 percent by weight of oxygen and not more than the maximum percentage of oxygen allowed for oxygenates by provisions of a waiver issued or other limits established by the United States environmental protection agency. Before making a determination to increase the minimum oxygen content pursuant to this subsection,  the designated air quality planning agency for area B shall consider and conduct a cost-benefit analysis on all reasonable carbon monoxide emission reduction measures that could be implemented in lieu of increasing the minimum oxygen content.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-3496 - Use of gasoline purchased outside of area A or area B

3-3496.
Use of gasoline purchased outside of area A or area B
This article does not prohibit the use within area A or area B of gasoline purchased outside of area A or area B which does not contain the percentage weights of oxygen required by this article if the use is incidental and not for the purpose of evading the requirements of this article.