reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-494 - Denial or revocation of license; hearing

3-494.
Denial or revocation of license;  hearing
A. In determining whether to refuse to issue a license,  the associate director shall consider:
1. The facts and circumstances surrounding a prior denial or revocation in any state and the date of the prior denial or revocation.
2. The financial condition of the applicant as of the date of the application.
3. Any outstanding judgments against the applicant.
4. Previous violations of this article and rules adopted pursuant to this article by any person who is an officer,  director,  member or trustee of the applicant.
5. Fraudulent,  misleading or incomplete statements in the application.
6. Any other facts the associate director considers necessary to determine the qualifications of the applicant.
B. The associate director may revoke a license if the licensee commits any of the following acts:
1. Fails or refuses within a reasonable time to render a true account of sale,  to make a proper settlement of the account or to pay for citrus fruit,  fruit or vegetables received.
2. Fails or refuses to pay assessment fees,  penalties or interest due and owing under this article and rules adopted pursuant to this article for a period of four months.
3. Knowingly makes false or misleading statements as to the condition of any citrus fruit,  fruit or vegetable.
4. Makes fraudulent charges or returns for handling or selling any citrus fruit,  fruit or vegetable or for rendering any service in connection with handling or selling any citrus fruit,  fruit or vegetables.
5. Makes fraudulent or misleading statements to obtain a license.
6. Reconsigns a consignment to receive,  collect or charge more than one commission without the consent of the consignor.
7. Any violation of section 3-521.
C. A person whose license has been denied or revoked may request a hearing pursuant to title 41,  chapter 6,  article 10.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-496 - List of licensees; display of license

3-496.
List of licensees;  display of license
A. The associate director may publish a pamphlet containing a list of all licensed dealers and shippers and the rules pertaining to the enforcement of this article.
B. Each licensed dealer and shipper shall keep the license in the dealer's or shipper's office or at the dealer's or shipper's principal place of business.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-497 - Adopting new or revised standards; exception

3-497.
Adopting new or revised standards;  exception
A. Ten or ten percent of the producers or shippers of a fruit or vegetable,  whichever is less,  may petition the associate director to adopt a standard.
B. Ten or ten percent,  whichever is less,  of the producers or shippers of a fruit or vegetable for which a standard has been established by rule may petition the associate director to modify the standard.
C. Within thirty days after receiving a valid petition,  the associate director,  after notifying all other known producers and shippers of the fruit or vegetable,  shall hold a public meeting to receive comment on the proposed new standard. Within fifteen days after the meeting,  the associate director shall either deny the petition in writing stating the reasons for denial or initiate rulemaking proceedings.
D. This section does not apply to any commodity that is exempt from standardization under section 3-491.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-498 - Appeals from inspection; fee

3-498.
Appeals from inspection;  fee
A. If the owner,  or the owner's agent,  of all or part of a lot disagrees with the decision of an inspector as to whether the lot or part of the lot conforms to the standards and other rules adopted pursuant to this article,  the owner or agent may request that the associate director or the associate director's designee,  other than the inspector,  review the testing procedures used by the inspector. When reviewing the procedures,  the associate director or designee shall consider the accuracy of the test instruments,  the inspection methods,  including the sample size,  the defect determination,  the percentage of the defective product and any other relevant information.
B. The associate director or designee shall conduct the review within eight hours after the request. If the associate director or designee determines that the inspector used improper testing procedures,  a new inspection shall be ordered of the lot or part of the lot within four hours after completing the review in order to determine compliance. The determination after the reinspection is final.
C. The person who requests the review shall pay a fee of twenty-five dollars for the review. All monies collected under this subsection shall be deposited in the citrus,  fruit and vegetable trust fund.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-499 - Shipping point and terminal market inspections; fees; Arizona federal-state inspection fund

3-499.
Shipping point and terminal market inspections;  fees;  Arizona federal-state inspection fund
A. The department may:
1. Conduct shipping point and terminal market inspections of fresh fruit,  vegetables and other products pursuant to one or more cooperative agreements with the United States department of agriculture.
2. Establish and collect inspection fees for work performed under any such agreement. The fees shall be reasonable and adequate to cover the cost of the services performed.
3. Prepare,  furnish and retain program reports as prescribed by the cooperative agreement.
B. The Arizona federal-state inspection fund is established consisting of revenues from fees and expenses collected pursuant to this section. The director shall administer the fund. On notice from the director,  the state treasurer shall invest and divest monies in the fund as provided by section 35-313,  and monies earned from investment shall be credited to the fund. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
C. Monies in the fund are continuously appropriated to the department and may be used only for conducting work under,  and related expenses prescribed by,  the cooperative agreement. The department shall maintain a complete accounting of all receipts and disbursements from the fund. The fund is subject to such periodic independent audits as prescribed by the cooperative agreement.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-518 - Exempt transactions

3-518.
Exempt transactions
This article shall not prevent:
1. A producer of fruit or vegetables in the state from selling or delivering his products unpacked and unmarked in bulk to a packer in this state for grading,  packing or storage.
2. A producer or packer from manufacturing the products into a by-product.
3. A producer from selling the products unpacked or unmarked to a person engaged in the operation of a commercial by-products factory for the purpose of being used in the manufacture of a by-product for resale.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-519 - Rejection by carriers

3-519.
Rejection by carriers
A. A person may decline to ship,  transport or accept for shipment any fruit or vegetable within the meaning of this article when notified by an inspector that the products delivered for shipment violate this article or rules adopted pursuant to this article.
B. The person may reserve the right in a receipt,  bill of lading or other writing to reject for shipment and return to the owner all fruit or vegetables which,  upon inspection of a representative sample,  are found to violate this article or rules adopted pursuant to this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-520 - Wrongful performance of duty by inspector; improper influence; classification

3-520.
Wrongful performance of duty by inspector;  improper influence;  classification
A. An inspector is guilty of a class 1 misdemeanor who:
1. Knowingly makes a wrong or improper inspection of a fruit or vegetable product.
2. Knowingly and improperly certifies that the grade,  quality or condition of a fruit or vegetable product does or does not conform to the standards established under this article.
3. Knowingly fails to request the proper authorities to bring an action to prosecute violators of this article or rules adopted pursuant to this article.
4. Knowingly accepts money or other consideration directly or indirectly for an improper performance of his duty.
B. Any person who knowingly and improperly influences an inspector in the performance of his duty is guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-521 - Civil penalties; hearing

3-521.
Civil penalties;  hearing
A. A person is subject to a civil penalty of not more than five hundred dollars if the person does either of the following:
1. Acts as a dealer or shipper without a valid license.
2. Knowingly falsifies or causes to be falsified information in a record intended to show proof of ownership.
B. A person is subject to a civil penalty of not more than three hundred dollars if the person does any of the following:
1. Makes a written or oral false,  deceptive or misleading representation or assertion concerning the quality,  size,  maturity or condition of fruit or vegetables.
2. Alters,  removes or destroys a warning notice from a lot or part of a lot to which it was affixed except on written authorization of an inspector,  the associate director or the director or by court order.
3. Alters a notice of noncompliance,  notice of compliance or notice of disposal that is issued by an inspector.
4. Refuses to submit any container or lot of fruit or vegetables governed by this article to an inspection of a representative sample or refuses to stop and permit inspection of a representative sample of any commercial vehicle containing fruit and vegetables governed by this article.
C. A commission merchant is subject to a civil penalty of not more than five hundred dollars if the commission merchant does any of the following:
1. Knowingly makes a false or misleading statement as to the condition of any fruit or vegetable.
2. Makes a fraudulent charge or return for handling or selling a fruit or vegetable or for rendering any service in connection with handling or selling a fruit or vegetable.
3. Reconsigns a consignment to receive,  collect or charge more than one commission without the consent of the consignor.
4. Sells a fruit or vegetable at less than market price to a person with whom the consignment merchant has a direct or indirect financial connection.
5. Makes a sale and directly or indirectly receives a portion of the purchase price other than the commission specified in the contract.
D. A person who is charged with violating this article or rules 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.
E. Civil penalties collected pursuant to this section shall be deposited in the citrus,  fruit and vegetable trust fund.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-525 - Definitions

3-525.
Definitions
In this article,  unless the context otherwise requires:
1. " Associate director"  means the associate director of the citrus,  fruit and vegetable division of the department.
2. " Farm"  has the same meaning prescribed in 21 Code of Federal Regulations section 112.3 and includes production farms and harvesting,  holding and packing operations.
3. " Harvesting" :
(a) Has the same meaning prescribed in 21 Code of Federal Regulations section 112.3 and is limited to activities performed on produce without additional manufacturing or processing on a farm.
(b) Includes:
(i) Activities that are traditionally performed on farms for the purposes of removing produce from the place it was grown or raised and preparing it for use as food.
(ii) Separating the edible portion of the produce from the crop plant and removing or trimming part of the produce.
(iii) Cooling,  field coring,  gathering,  hulling,  shelling,  removing stems from,  trimming outer leaves from and washing produce grown on a farm.
(c) Does not include activities that transform produce into a processed food.
4. " Holding" :
(a) Has the same meaning prescribed in 21 Code of Federal Regulations section 112.3.
(b) Includes:
(i) Storage of produce in facilities such as warehouses and cold storage facilities.
(ii) Activities performed incidental to the storage of produce,  such as fumigating citrus during storage.
(iii) Activities performed as a practical necessity for the distribution of produce,  such as blending produce and breaking down pallets.
(c) Does not include activities that transform produce into a processed food.
5. " Packing" :
(a) Has the same meaning prescribed in 21 Code of Federal Regulations section 112.3.
(b) Includes:
(i) Placing produce into a container.
(ii) Repacking.
(iii) Activities performed incidental to packing or repacking produce,  such as sorting,  culling,  grading and weighing or conveying and other incidental activities performed for the safe or effective packing or repacking of produce.
(c) Does not include:
(i) Activities that transform produce into a processed food.
(ii) Packaging produce for retail sale.
6. " Produce" :
(a) Means any harvested part of a fruit or vegetable that is consumed raw,  including mushrooms,  sprouts,  tree nuts and herbs,  and that is subject to the requirements of the produce safety rule as provided by 21 Code of Federal Regulations sections 112.1 and 112.2.
(b) Does not include food grains or seeds of arable crops.
7. " Produce safety rule"  means the United States food and drug administration produce safety rule (21 Code of Federal Regulations part 112) and any other federal produce safety regulation,  order or guideline or other requirement adopted pursuant to the FDA food safety modernization act (P.L. 111-353;  21 United States Code sections 2201 through 2252).
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-525.02 - Produce safety trust fund

3-525.02.
Produce safety trust fund
A. The produce safety trust fund is established for the exclusive purpose of implementing,  continuing and supporting the agricultural program established pursuant to this article. The trust fund consists of:
1. Monies appropriated by the legislature for that purpose.
2. Monies collected pursuant to this article.
3. Gifts,  grants and other donations from public or private sources and designated for deposit in the trust fund.
B. Monies in the produce safety trust fund are continuously appropriated to the department and shall be used solely for the purpose of administering and enforcing this article.
C. The director shall administer the produce safety trust fund as trustee. The state treasurer shall accept,  separately account for and hold in trust any monies deposited in the state treasury under this section,  which are considered to be trust monies as defined in section 35-310 and which 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 any trust fund monies in the state treasury pursuant to sections 35-313 and 35-314.03,  and all interest earned on these monies shall be credited to the trust fund.
D. The beneficiary of the trust is the agricultural program established pursuant to this article.
E. Monies in the produce safety trust fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. Surplus monies,  including any unexpended and unencumbered balance at the end of the fiscal year,  do not revert to the state general fund but shall be carried forward to the following year.
F. The department shall maintain a detailed accounting of all monies deposited in and disbursed from the produce safety trust fund.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-525.03 - Inventory of farms; covered farms; information requirements; qualified exemptions

3-525.03.
Inventory of farms;  covered farms;  information requirements;  qualified exemptions
A. The department shall maintain an inventory of farms in this state that are subject to the requirements of this article.
B. A farm having average annual sales during the previous three-year period of twenty-five thousand dollars or more on a rolling basis,  adjusted annually according to annual changes in the GDP price deflator as defined in section 41-563,  is a covered farm for the purposes of this section.
C. Each covered farm as described in subsection B of this section shall submit information requested by the associate director not later than October 1 of each year. The associate director shall prescribe the manner and form for submission,  including electronic submission,  requiring only the minimum information considered necessary to accomplish the purposes of this article. A farm shall notify the department within sixty days after a material change to any of the information previously submitted during the year.
D. A farm that does not meet the requirements of subsection B of this section is not a covered farm and is not subject to the requirements of this article.
E. The associate director may issue a qualified exemption from the requirements of this article to a covered farm that satisfies the requirements,  terms and conditions prescribed in 21 Code of Federal Regulations section 112.5. To obtain a qualified exemption,  a farm that is eligible for a qualified exemption under this subsection must comply with all of the following:
1. Apply for the exemption on a form issued by the associate director.
2. Receive approval for the exemption.
3. Maintain and demonstrate compliance with the requirements prescribed by this article and the rules adopted pursuant to this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-525.04 - Inspections and investigations; records; notice; report

3-525.04.
Inspections and investigations;  records;  notice;  report
A. The owner,  lessee,  operator or designated representative of a covered farm under section 3-525.03 shall allow an authorized employee or agent of the department to enter the premises at reasonable times to:
1. Inspect records,  investigate and determine compliance with the produce safety rule,  this article and rules adopted pursuant to this article.
2. Follow up or complete prior inspections or determine the status of or compliance with corrective measures.
B. The owner,  lessee,  operator or designated representative of a farm shall:
1. Maintain records required by the produce safety rule,  this article and rules adopted pursuant to this article.
2. Make those records available to an authorized employee or agent of the department within twenty-four hours after an electronic or written request.
C. Inspections and investigations under this section shall be on reasonable notice to the owner,  lessee,  operator or designated representative of the farm unless reasonable grounds exist to believe that such a notice would impede the enforcement of this article. The director may,  and if required by law shall,  apply for and obtain warrants for entry and inspection.
D. The owner,  lessee,  operator or designated representative of a farm that is subject to a qualified exemption under section 3-525.03 shall allow an authorized employee or agent of the department to enter the premises at reasonable times:
1. To review relevant records to confirm that the farm complies with the requirements for its qualified exemption.
2. For an active investigation of a food-borne illness outbreak that is linked to the farm,  for the purpose of inspecting and securing representative and relevant samples or specimens.
E. The department shall use the state agricultural laboratory,  a laboratory certified by the state agricultural laboratory or any other laboratory recognized by the United States food and drug administration for any necessary laboratory analysis of samples or specimens secured through an inspection pursuant to this section.
F. Except as otherwise provided by this section,  inspections are subject to the requirements of section 41-1009.
G. On request,  the associate director shall issue a copy of the inspection report to the farm's owner,  lessee,  operator or designated representative.
H. This section does not limit the department's authority to respond to an emergency or a public health hazard,  including communication with applicable state and federal agencies.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-525.05 - Production and harvesting standards; violations; corrective actions; civil penalty; appeals

3-525.05.
Production and harvesting standards;  violations;  corrective actions;  civil penalty;  appeals
A. Consistent with the produce safety rule,  the director shall administer science-based minimum standards for the safe production and harvesting of produce to minimize the risk of serious adverse health consequences or death.
B. If the director finds that produce is being grown,  harvested,  packed or held in violation of this article and rules adopted pursuant to this article,  the director may consult and coordinate with applicable federal,  state,  tribal and local officials to produce a corrective action plan that includes reinspection,  education,  training and alternate enforcement approaches with the goal of addressing the present violation and preventing future violations.
C. The director shall adopt rules to address,  correct and remediate violations of this article and rules adopted pursuant to this article that are progressively graduated according to the nature and urgency of the violation and the risk to public health and safety.
D. To remedy violations that are associated with risks or hazards to public health and to prevent the entry of contaminated produce into the marketplace,  the director may take any action to enforce this article and rules adopted pursuant to this article,  including:
1. A stop sale order.
2. The seizure and embargo of offending produce.
E. The director may assess a civil penalty of not more than one thousand dollars for each violation of this article or a rule adopted pursuant to this article. The department shall transmit any monies received under this section to the state treasurer for deposit in the produce safety trust fund established by section 3-525.02.
F. A person who violates this article or rules 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.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-525.06 - Access to public information; exceptions; disclosure

3-525.06.
Access to public information;  exceptions;  disclosure
A. Documents,  data and records received by the department and employees and agents of the department from a farm under this article are public records and are subject to disclosure as provided by law,  except for:
1. Trade secrets,  the disclosure of which would give an unfair advantage to competitors or would otherwise cause substantial harm to the farm's competitive position.
2. Financial information.
3. Documents,  data and records derived from inspections and investigations under this article.
B. Any documents,  data and records may be disclosed on a confidential basis to agencies or instrumentalities of any of the following that have data sharing agreements or data sharing credentials with the department or the United States food and drug administration:
1. The United States.
2. This state.
3. Political subdivisions of this state with which the director has a memorandum of understanding for the purposes of this subsection.
4. Indian tribal governments in this state.
5. Any other state:
(a) From which produce was transported into this state.
(b) Into which produce is transported from this state.
C. Any documents,  data and records may be disclosed pursuant to:
1. The order of a court of competent jurisdiction.
2. A signed and notarized release by a farm authorizing the disclosure of specific information to a specific person or persons for a specific reason or reasons.
D. Aggregate statistical data derived from confidential information may be disclosed if the data does not identify,  or enable the identification of,  and is not attributable to,  any individual farm. Information may not be disclosed pursuant to this subsection if a farm demonstrates that disclosure would give an unfair advantage to competitors or would otherwise cause substantial harm to the farm's competitive position.
E. A person,  including a former employee or agent of the department or a person previously having an administrative duty for the department,  who receives confidential information while an employee or agent of the department or while performing an administrative or enforcement duty for the department may not disclose that information except as provided in this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-525.07 - Violations; classification; injunctive relief

3-525.07.
Violations;  classification;  injunctive relief
A. A person is guilty of a class 1 misdemeanor who knowingly:
1. Impedes,  obstructs,  hinders,  improperly influences or otherwise prevents or attempts to prevent the director,  the associate director or any authorized employee,  inspector or agent of the department in performing any duty in connection with this article.
2. Makes any materially false statement or representation in any written document required to be submitted or maintained pursuant to section 3-525.03 or 3-525.04.
B. An inspector is guilty of a class 1 misdemeanor who knowingly:
1. Makes a wrong or improper inspection pursuant to this article.
2. Accepts monies or other consideration either directly or indirectly in exchange for an improper performance of the inspector's duty.
3. Seizes any produce improperly or unlawfully while acting under this article.
4. Fails to request that the proper authorities bring an action to prosecute a violation of this article or rules adopted pursuant to this article.
C. If a person fails or refuses to comply with or continues to violate any provision of this article or a rule adopted pursuant to this article,  the director may apply for and the court may grant a temporary restraining order or preliminary or permanent injunction. A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-525.08 - Rules

3-525.08.
Rules
A. Pursuant to section 3-527.02,  the associate director may recommend to the director for adoption rules that are not in conflict with this article as the associate director considers to be necessary to carry out the purposes of this article.
B. At least thirty days before any hearing at which a new rule or a change in an existing rule will be considered,  the director shall send a copy of the notice to persons or entities that have requested notice for the purposes of this subsection.
C. Rules adopted pursuant to this section are exempt from the provisions of title 41,  chapter 6 relating to administrative procedure.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-526 - Definitions

3-526.
Definitions
In this article,  unless the context otherwise requires:
1. " Council"  means the Arizona iceberg lettuce research council.
2. " Grower-shipper"  means a person who is engaged in this state in the business of packing,  shipping,  transporting or selling iceberg lettuce of which he is a grower,  producer or owner.
3. " Handler"  means a person who engages in marketing iceberg lettuce on behalf of a grower,  whether as a grower-shipper,  owner,  agent,  employee,  broker,  dealer,  consignor or commission merchant or otherwise.
4. " Iceberg lettuce"  means varieties of lettuce produced in this state of the types which are distinguished as " crisphead"  in the publication entitled " lettuce production in the United States,  agricultural handbook no. 221" ,  August 1974 revision,  issued by the agricultural research service of the United States department of agriculture. Iceberg lettuce does not include the types of lettuce distinguished in such publication by the terms " butterhead" ,  " cos or romaine"  and " looseleaf" .
5. " Producer"  means a person engaged in this state in the business of producing or causing to be produced iceberg lettuce.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-526.01 - Arizona iceberg lettuce research council; appointment; term

3-526.01.
Arizona iceberg lettuce research council;  appointment;  term
A. The Arizona iceberg lettuce research council is established consisting of seven producers appointed by the governor. The members shall be appointed as follows:
1. Four producers from Yuma county.
2. Three producers from any iceberg lettuce producing area in this state.
B. The governor may consult with any recognized vegetable grower and shipper organizations in this state in appointing members to the council.
C. The term of office of each council member is for three years beginning January 1 and ending December 31 of the appropriate year. Members are limited to two consecutive terms of office,  except that a member who is appointed to fill a vacancy may serve two consecutive terms plus the unexpired term that fills the vacancy. A member who completes a second three-year term is ineligible for reappointment for one year. On the expiration of a term of a member or in the event of a vacancy,  the governor shall appoint a successor.
D. The office of a member is deemed vacant and the governor shall appoint a person to fill the remainder of the term under any of the following circumstances:
1. The member is no longer a producer.
2. The member is unable to perform the duties of the office.
3. The absence of the member from four consecutive council meetings if the absences have not been excused by the council.
E. Members of the council are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38,  chapter 4,  article 2.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-526.03 - Administrative services; reimbursement

3-526.03.
Administrative services;  reimbursement
A. The council may employ staff,  to serve at the pleasure of the council,  and may prescribe the terms and conditions of employment of employees as necessary to perform the functions prescribed by this article. The employees of the council are exempt from title 38,  chapter 4 and chapter 5,  article 2 and title 41,  chapter 4,  articles 5 and 6. The council may also enter into an interagency agreement pursuant to title 11,  chapter 7,  article 3 with the department to provide the necessary administrative services to the council including:
1. Providing secretarial and other services necessary for the council to carry out its activities.
2. Establishing separate operating accounts for the council.
3. Providing necessary financial and accounting services to the council including the issuance of checks,  payment of bills approved by the council,  annual audits,  monthly or annual expenditure and receipt reports,  preparation of an annual budget and any other financial activities requested by the council according to and under the provisions of state law.
4. Receiving mail and other communications for the council.
5. Receiving monies authorized under this article for deposit,  pursuant to sections 35-146 and 35-147,  in the appropriate funds.
6. Accepting donated monies on behalf of the council to be credited to the account of the council.
7. Providing space for the meetings of the council.
8. Assisting in the adoption of rules proposed by the council.
9. Providing any other administrative services which the council requests or finds necessary.
B. If the department performs any function under this article,  it acts as the agent of the council and has no authority or control over the council or the council's employees or assets.
C. The council shall reimburse the department for administrative services from the monies received under this article in an amount agreed on by the council. Monies received by the department shall be deposited,  pursuant to sections 35-146 and 35-147,  in the appropriate fund as required by section 3-108.
D. Department employees under contract to the council under provisions of an interagency agreement pursuant to title 11,  chapter 7,  article 3 shall remain under the direct supervision of the department unless otherwise agreed to by the council and department.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-526.04 - Fees; collection; budget

3-526.04.
Fees;  collection;  budget
A. On or before July 1 of each calendar year,  the council shall assess a fee of not more than one-half cent per carton of packed iceberg lettuce or bulk bins assessed according to forty-five pounds of equivalent weight of iceberg lettuce prepared for market or an equivalent basis.
B. Each grower-shipper,  shipper and handler shall keep a complete and accurate record of all iceberg lettuce handled by such entities and the producer. These records shall contain such information as required to be kept for the citrus,  fruit and vegetable trust fund pursuant to articles 2 and 4 of this chapter and rules adopted pursuant to those articles.
C. Assessments shall be collected from the grower-shipper,  shipper or handler first marketing the iceberg lettuce being assessed. The grower-shipper,  shipper or handler is a trustee of the monies until they are paid to the council at the time and in the manner prescribed by the council. An iceberg lettuce producer is responsible for paying the fee unless the fee is withheld for payment by the grower-shipper,  shipper or handler first marketing the iceberg lettuce.
D. Before establishing the annual fee,  the council shall establish a budget. The budget is effective on approval of the council.
E. Title 41,  chapter 6 does not apply to setting and collecting the fee under this section,  but the council shall provide thirty days' advance notice of the meeting at which any fee will be increased and the amount of the proposed fee. The council shall receive public testimony at the meeting regarding the fee.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-526.05 - Failure to pay fee; penalty; hearing; violation; classification

3-526.05.
Failure to pay fee;  penalty;  hearing;  violation;  classification
A. A person who is required to pay fees pursuant to section 3-526.04 and who fails to pay the fee within the time required by the council shall be assessed a penalty of ten per cent of the amount of the total fee and two per cent interest per month on the unpaid balance. The penalty and interest shall be paid to the council. The person may request a hearing before the council to dispute or determine the amount of fee,  penalty or interest imposed.
B. The council shall hold a hearing if requested. The council shall,  following the hearing,  enter its order determining the amount of any fee,  penalty or interest. The person shall pay the fee,  penalty and interest assessed within ten days of notice of the council's decision.
C. A person who knowingly fails to pay or remit any monies due or collected as required in this article is guilty of a class 2 misdemeanor.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-526.06 - Iceberg lettuce trust fund

3-526.06.
Iceberg lettuce trust fund
A. The iceberg lettuce trust fund is established for the exclusive purpose of implementing,  continuing and supporting the agricultural program established by this article. Monies collected pursuant to section 3-526.04 shall be deposited in the trust fund.
B. The council 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 council,  the state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35-313 and 35-314.03,  and monies earned from the investment shall be credited to the trust fund.
C. The beneficiary of the trust is the agricultural program established by this article. Monies in the trust fund shall be disbursed as approved by the council exclusively for the purposes prescribed in this article.
D. Surplus monies,  including any unexpended and unencumbered balance at the end of the fiscal year,  do not revert to the state general fund.
E. If the council is terminated,  any monies in the trust fund shall be expended to meet existing legal obligations of the council. The council shall expend any remaining monies on any program consistent with this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-526.07 - Indemnification of council members

3-526.07.
Indemnification of council members
Each member of the council is indemnified by the council against reasonable costs and expenses,  including attorney fees,  incurred by him in connection with any action,  suit or proceedings to which he may be a party by reason of his being or having been a member of the council,  except in relation to matters as to which he is adjudged in such action,  suit or proceeding to have acted in bad faith as a council member. The right of indemnification is in addition to other rights to which the member is entitled as a matter of law.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-526.08 - Termination of council

3-526.08.
Termination of council
A. The council may be terminated as provided in this section. The council shall conduct a referendum among the state's producers if either of the following occurs:
1. If the council,  by a two-thirds vote of its membership,  determines that it is no longer in the best interest of the iceberg lettuce industry of this state to continue the existence of the council and its programs.
2. On receipt by the council of a petition calling for a referendum signed by ten per cent or more of the state's contributing producers,  which shall be signed not more than six months before its presentation to the council.
B. The ballot for the referendum shall be in such form as to record a " Yes"  or " No"  answer to the question: " Shall the existence of the Arizona iceberg lettuce research council and its programs,  as authorized in state statute,  be continued?"  If the majority or more of those producers voting votes in favor of discontinuing and terminating the council and its programs,  the council shall recommend to the legislature that the council be terminated. If less than a majority of the producers who voted in the referendum favors termination of the council,  no subsequent referendum may be conducted for at least two years. The council shall pay the expenses necessary to carry out the referendum.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-527.01 - Citrus, fruit and vegetable advisory council; membership; terms; vacancy; compensation; definition

3-527.01.
Citrus,  fruit and vegetable advisory council;  membership;  terms;  vacancy;  compensation;  definition
A. The citrus,  fruit and vegetable advisory council is established consisting of members appointed by the governor as follows:
1. One citrus producer.
2. One apple,  grape or tree fruit producer.
3. One iceberg lettuce producer from Yuma county.
4. Four fruit or vegetable producers,  excluding producers exclusively engaged in growing citrus,  apples,  grapes or tree fruit,  including one fruit or vegetable producer from Maricopa,  Pinal or Pima county and one from Yuma or La Paz county.
5. One member from Santa Cruz county who is subject to article 4.1 of this chapter. If no person from Santa Cruz county applies for the position,  the governor may appoint a member at large who is engaged in harvesting,  holding or packing as defined in section 3-525 and who is subject to article 4.1 of this chapter.
6. One member who operates a farm or an entity engaged in harvesting or packing that is subject to article 4.1 of this chapter and for which,  on a rolling basis during the three-year period before the member's appointment,  the farm's average annual monetary value of produce sold or the value of the entity's harvesting or packing services was at least two hundred fifty thousand dollars but not more than five hundred thousand dollars.
B. The governor may consult with any recognized citrus,  fruit and vegetable organization in this state in making appointments to the council.
C. The term of office of each council member is three years and shall begin on January 1 and end on December 31 of the appropriate year. On the expiration of a term of a member or in the event of a vacancy,  a successor shall be appointed by the governor.
D. The office of any member is deemed vacant and the governor shall appoint a person to fill the remainder of the term under any of the following circumstances:
1. The member no longer meets the qualifications for appointment.
2. The member is unable to perform the duties on the council.
3. The member has become a resident of another state.
4. The member is absent from four consecutive council meetings if the absences have not been excused by the council.
E. Members of the council are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38,  chapter 4,  article 2.
F. For the purposes of this section,  " producer"  means a person that is engaged in the business of producing citrus,  fruits or vegetables in this state or causing citrus,  fruits or vegetables to be produced in this state for distribution and sale through interstate commerce.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-527.03 - Administrative services; reimbursement

3-527.03.
Administrative services;  reimbursement
A. The department shall provide the necessary administrative services to the council in furtherance of its activities including:
1. Providing secretarial and other services necessary for the council to carry out its activities.
2. Receiving mail and other communications for the council.
3. Providing space for the meetings of the council.
4. Providing any other administrative services which the council requests or finds necessary,  including financial and accounting services and assistance in developing proposed rules for submission to the director.
B. The council shall reimburse the department for administrative services from the monies received under article 2 or 4 of this chapter in an amount agreed on by the council and department.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-527.04 - Indemnification of council members

3-527.04.
Indemnification of council members
Each member of the council is indemnified by the council against reasonable costs and expenses,  including attorney fees,  incurred by him in connection with any action,  suit or proceedings to which he may be a party by reason of his being or having been a member of the council,  except in relation to matters as to which he is adjudged in such action,  suit or proceeding to have been acting in bad faith as a council member. The right of indemnification is in addition to other rights to which such member is entitled as a matter of law.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-561 - Definitions

3-561.
Definitions
In this article,  unless the context otherwise requires:
1. " Food product"  includes:
(a) Every product of the soil in its natural or manufactured state.
(b) Beef and beef products.
(c) Swine and pork products.
(d) Fowls and poultry products.
(e) Eggs and egg products.
(f) Milk and milk products.
(g) Lamb and sheep products.
(h) Animal feed that is grown or raised by the producer and sold as feed for livestock,  poultry or ratites purchased or raised for slaughter,  including livestock purchased or raised for production or use,  such as milk cows,  breeding bulls,  laying hens and riding or work horses.
2. " Producer"  includes owners,  proprietors or tenants of agricultural lands,  orchards,  farms and gardens where food products are grown,  raised or prepared for market.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-562 - Restrictions on sales by food producers prohibited

3-562.
Restrictions on sales by food producers prohibited
A. The producers of food products on agricultural lands,  farms and gardens shall never under any pretext be denied or restricted the right to sell and dispose of their products,  except in the manner and to the extent provided in this article,  and subject to inspection by lawful authority when the inspection is uniform as to the same product and without cost to the producer.
B. The right to sell and dispose of food products shall extend to the producer in person,  members of his family,  his agents and all persons in his service,  when the products are sold or disposed of on his behalf and for his benefit.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-563 - Tax, license or fee against producers and purchasers prohibited

3-563.
Tax,  license or fee against producers and purchasers prohibited
A. A tax,  license or fee may not be imposed or levied on or demanded or collected from:
1. A producer for a sale of a food product.
2. A purchaser of a food product from a producer.
B. A penalty or punishment may not be imposed on account of the sale of a food product,  except for a violation of laws providing for inspection.
C. A municipal ordinance that seeks to impose or subject a producer,  or a purchaser of a food product from a producer,  to a tax,  license or fee is void,  except that all such products in common with similar products offered for sale by persons not the producers thereof are subject to inspection. A municipal ordinance providing for inspection is not valid unless it applies in the same manner and terms to other persons offering similar products for sale.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-581 - Definitions

3-581.
Definitions
In this article,  unless the context otherwise requires:
1. " Council"  means the Arizona grain research and promotion council.
2. " First buyer"  means a person,  partnership,  corporation or cooperative that purchases grain from a producer in the first instance or a public or private lienholder,  secured party or pledgee,  or assignee of the lienholder,  secured party or pledgee,  who gains title to the grain from the grower as a result of exercising any legal rights by the lienholder,  secured party,  pledgee or assignee regardless of when the lien,  security interest or pledge was created. First buyer also includes a public or private person who acquires a lien or security interest or receives a pledge of the grain after the grain is harvested.
3. " Grain"  means the seed of barley and wheat of all classes produced for use as food,  feed or seed or produced for any industrial or commercial use.
4. " Marketing year"  means a one year period from February 1 through January 31 of the following calendar year.
5. " Producer"  means a person,  partnership,  corporation or cooperative in this state that produces and sells grain in commercial channels. In the case of a partnership,  each partner who regularly receives a portion of the gross receipts directly from the buyer is considered a producer.