reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-447 - Citrus, fruit and vegetable trust fund; administration

3-447.
Citrus,  fruit and vegetable trust fund;  administration
A. The citrus,  fruit and vegetable trust fund is established for the exclusive purpose of implementing,  continuing and supporting the agricultural programs established by this article and article 4 of this chapter. The trust fund consists of revenues from assessments and other monies designated for deposit in the trust fund by this article and article 4 of this chapter. The trust fund shall be used solely for the purpose of administering and enforcing this article and article 4 of this chapter.
B. The director shall administer the citrus,  fruit and vegetable trust fund as trustee. The state treasurer shall accept,  separately account for and hold in trust any monies deposited in the state treasury,  which are considered to be trust monies as defined in section 35-310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. On notice from the director,  the state treasurer shall invest any trust fund monies deposited 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.
C. The beneficiaries of the trust are the agricultural programs established by this article and article 4 of this chapter.
D. Monies in the citrus,  fruit and vegetable 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.
E. The department shall make a detailed accounting on or before November 1 of each year of all monies paid into and disbursed from the citrus,  fruit and vegetable trust fund during the preceding fiscal year and transmit the report to the citrus,  fruit and vegetable advisory council on or before December 1.
F. Any monies remaining unexpended in the citrus,  fruit and vegetable trust fund on June 30 of each year shall be carried forward to the following year,  and the associate director shall take that amount into account in computing the assessments for that year.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-449 - Annual licensing; fees; application; penalty

3-449.
Annual licensing;  fees;  application;  penalty
A. A person may not transact business as a citrus fruit dealer or shipper without first obtaining a license as provided in this article. The license expires on August 1 of each year and is renewable annually. The license fee shall be determined according to the annual gross sales based on the dealer's or shipper's previous fiscal year as follows:
1. If the annual gross sales are five hundred thousand dollars or more,  the annual fee is four hundred fifty dollars.
2. If the annual gross sales are between two hundred thousand dollars and five hundred thousand dollars,  the annual fee is three hundred dollars.
3. If the annual gross sales are two hundred thousand dollars or less,  the annual fee is one hundred fifty dollars.
4. If the person was not in business the previous fiscal year,  the annual fee is one hundred fifty dollars.
B. If a person engages in business in more than one category as a dealer or shipper,  the license designation shall be based on the category in which most of the licensee's business is conducted.
C. The license fees collected by the associate director shall be deposited in the citrus,  fruit and vegetable trust fund.
D. The application for a dealer or shipper license shall contain the following information:
1. The full name of the person applying for the license.
2. Whether the applicant is an individual,  partnership,  firm,  corporation,  association,  trust or cooperative association and the full name of each member of the partnership or firm,  the full name of each officer and director of the association or corporation or the full name of each trustee.
3. The principal business address of the applicant in this state and elsewhere and the address where the applicant conducts the described business.
4. The name of the statutory agent in this state for service of legal notice.
5. The category of license for which the applicant is applying.
6. A statement of the facts,  signed under penalty of perjury,  entitling the applicant to a license under the applicable category and stating whether the applicant has ever had any license to handle citrus,  fruit or vegetables in any state denied,  suspended or revoked.
7. If the applicant acts as a commission merchant,  a schedule of commissions and charges for services,  which may not be altered during the term of the license except by written agreement between the parties involved.
E. The associate director shall issue to the applicant a license to conduct the business described for a period of one year unless it is revoked for cause.
F. An applicant who tenders a renewal application for a license that is received by the associate director after August 15 shall pay a penalty of twenty-five dollars. An applicant who tenders a renewal application for a license that is received after September 1 shall pay a penalty of fifty dollars. All penalties shall be deposited in the citrus,  fruit and vegetable trust fund.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-449.02 - Denial or revocation of license; hearing

3-449.02.
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 3-466.
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 › § 3-449.03 - Recordkeeping; confidentiality; inspection

3-449.03.
Recordkeeping;  confidentiality;  inspection
A. A shipper shall keep records on the amount of each citrus variety the shipper sells for each producer for a period of two years. The shipper shall report the records for purposes of marketing orders.
B. Individual totals of commodities produced or shipped are not subject to public disclosure and are strictly confidential. If a shipper presents a signed and notarized release to the associate director or the associate director's agent,  a person may receive individual totals of commodities shipped by the shipper.
C. Records of shippers are subject to inspection during business hours by the associate director or the associate director's designee.
D. The associate director or designee may investigate any records of any transaction of a commission merchant for possible violations of this article.
E. Every person licensed under this article shall keep an accurate and complete record,  which shall record the amount and character of all citrus fruit received from any person for payment or sale,  the date of receiving the shipment,  the name of the consignee,  the condition of the shipment if it arrives in other than good condition in the city or town in which it is to be sold by the licensee and the date the shipment is sold,  together with the price for which the shipment sold.
F. The records of a licensee pertaining to the receipt,  packing,  loading,  shipment and sale of citrus fruit affected by this article shall at all times be open to inspection on demand by any consignor as to an entry concerning citrus fruit received by the licensee from the consignor.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-449.04 - Appeals from inspections; fee

3-449.04.
Appeals from inspections;  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 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.
C. 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.
D. 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 › § 3-449.05 - Unlawful possession; inspection; proof of ownership; seizure; exceptions

3-449.05.
Unlawful possession;  inspection;  proof of ownership;  seizure;  exceptions
A. If an inspector or peace officer has probable cause to believe that at least fifty pounds of citrus fruit are in unlawful possession,  the inspector or peace officer shall request proof of ownership from the person in possession.
B. If an inspector has probable cause to believe that at least fifty pounds of citrus fruit are in unlawful possession in a vehicle,  the inspector may request a peace officer to stop the vehicle for inspection and request proof of ownership from the person in possession.
C. Except as provided in subsection D of this section,  for the purposes of this section,  proof of ownership includes all of the following:
1. The name,  address and telephone number of the seller.
2. The name,  address and telephone number of the buyer,  or consignee if not sold.
3. The common or generic name and quantity of the citrus fruit.
4. The date of the transaction and the date the transportation began.
D. A bill of lading,  a bill of sale,  data obtainable by electronic transmission or a similar type of document is considered proof of ownership for the purposes of this section.
E. The buyer and seller shall retain a copy of the documents showing proof of ownership for sixty days after delivery.
F. An inspector or peace officer may seize and hold a citrus fruit if,  after requesting or inspecting the offered proof of ownership,  the inspector or peace officer reasonably believes that the person is in unlawful possession of the citrus fruit.
G. If an investigation reveals the lawful owner of the citrus fruit that has been seized pursuant to this section,  the citrus fruit shall be released to the owner or the owner's agent. If a seized citrus fruit remains unclaimed after a reasonable period of time,  the associate director may donate the citrus fruit to a nonprofit charitable organization. If the citrus fruit does not comply with the standards prescribed pursuant to this article,  the associate director may destroy it.
H. This section does not apply to:
1. Citrus fruit that is transported from the farm where it is produced to a commercial packing plant in this state for processing or packing.
2. Citrus fruit that is transported and accompanied by a valid disposal order issued by an inspector to comply with this article or rules adopted pursuant to this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-458 - Interstate shipments; requirements; out-of-state inspection certificates; irregular containers

3-458.
Interstate shipments;  requirements;  out-of-state inspection certificates;  irregular containers
A. It is unlawful for a person,  firm,  company,  organization or corporation to import from another state for sale,  to transport for delivery or to deliver for sale or to sell within this state a load or lot of citrus fruit unless it conforms to the grades and standards of maturity,  condition and pack established pursuant to this article and rules adopted pursuant to this article.
B. The associate director shall examine each load or lot of citrus fruit entering the state to ascertain whether the fruit conforms to the established standards.
C. Citrus fruit grown in states that enforce grading standards equivalent to those established in this state may be permitted to enter this state when accompanied by an inspection certificate issued by the state or county enforcement authority in which the citrus fruit was grown disclosing that the load or lot conforms to the legally established standards in that state. The certificates shall be surrendered to the associate director.
D. Citrus fruit that enters the state in carload lots shall be accompanied by an inspection certificate,  which shall be surrendered to the associate director by the receiver thereof. All shipments coming into the state by truck or other conveyance shall be inspected at the point of regular inspection by the associate director,  and the certificates shall there be taken up by the associate director,  and when coming in by railroad shall be inspected and the certificate taken up by the inspector at the point of destination.
E. When a motor vehicle is detained and its contents are found not to conform to the standards established pursuant to this article,  the associate director or the associate director's duly authorized inspectors shall refuse entry of the citrus fruit into this state,  but any load or lot of citrus fruit while in transit and consigned to a destination not within this state is exempt from these requirements when complying with the state quarantine requirements.
F. Citrus fruit may be offered for sale,  sold or transported in,  into or through this state in irregular containers,  other than standard packages,  when the irregular containers are so marked as to clearly indicate that they are not standard packages prescribed pursuant to this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-459 - Rejection of shipment by carriers

3-459.
Rejection of shipment by carriers
A. A person may decline to ship,  transport or accept for shipment any citrus fruit when notified by an inspector that the fruit is found to be in violation of this article or rules adopted pursuant to this article.
B. The person may reserve the right in the receipt,  bill of lading or other writing to reject for shipment and to return to the owner citrus fruit 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 › § 3-460 - Bulk transfers

3-460.
Bulk transfers
No provision of this article shall be construed:
1. To prevent a grower of citrus fruit from selling or delivering the fruit unpacked and unmarked,  as a part of the crop in bulk,  to a packer for grading,  packing or storage.
2. To prevent a grower or packer from manufacturing the fruit into a by-product.
3. To prevent a packer or grower from selling the fruit unpacked or unmarked to a person actually engaged in the operation of a commercial by-products factory for the sole purpose of being used in the manufacture of a by-product for resale.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-461 - Unlawful packing or sale of fruit

3-461.
Unlawful packing or sale of fruit
A. It is unlawful to pack or cause to be packed,  to sell or offer for sale,  to deliver for shipment,  load,  ship or transport for shipment,  whether in domestic,  interstate or foreign commerce,  citrus fruit which does not conform to this article.
B. It is unlawful to prepare,  deliver for shipment,  load,  ship,  transport,  offer for sale or sell for shipment from the state,  in interstate or foreign commerce,  or for domestic sale,  a deceptive pack,  load,  arrangement or display of citrus fruit,  or to mislabel a container or display of fruit.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-462 - False pack or labeling; reuse of containers

3-462.
False pack or labeling;  reuse of containers
A. No container of citrus fruit shall bear grade or other designations that are false or misleading,  nor shall it contain any deceptive pack,  deceptive arrangement or deceptive display.
B. Subsection A shall be construed to prohibit the repeated use of a container of citrus fruits bearing any markings required by this article,  or any designations of brands,  quality or grade,  unless all markings which do not properly and accurately apply to the products repacked or replaced therein shall first be completely removed,  erased or obliterated.
C. Nothing in this article shall be construed to conflict with any law of this state,  or federal laws or regulations regarding net weight markings on containers.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-464 - Wrongful performance of duty; improper influence; classification

3-464.
Wrongful performance of duty;  improper influence;  classification
A. An inspector is guilty of a class 1 misdemeanor who:
1. Knowingly makes a wrong or improper inspection of citrus fruit.
2. Knowingly and improperly certifies that the grade,  quality or condition of the citrus fruit does or does not conform to standards established by 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. A 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 › § 3-466 - Civil penalties; hearing

3-466.
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 citrus fruit.
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 citrus fruit governed pursuant to this article to an inspection of a representative sample or to refuse to stop and permit inspection of a representative sample of any commercial vehicle containing citrus fruit governed pursuant to 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 citrus fruit.
2. Makes a fraudulent charge or return for handling or selling citrus fruit or for rendering any service in connection with handling or selling citrus fruit.
3. Reconsigns a consignment to receive,  collect or charge more than one commission without the consent of the consignor.
4. Sells citrus fruit 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 pursuant to 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 › § 3-468 - Definitions

3-468.
Definitions
In this article,  unless the context otherwise requires:
1. " Citrus"  means varieties of the genus citrus that are commercially produced in this state for the fresh market or for juice production but does not include commercially produced by-products or products manufactured for resale.
2. " Council"  means the Arizona citrus research council.
3. " Grower-shipper"  means a person who is engaged in this state in the business of packing,  shipping,  transporting or selling citrus of which the person is a grower,  producer or owner.
4. " Handler"  means a person who engages in marketing citrus on behalf of a grower,  whether as a grower-shipper,  owner,  agent,  employee,  broker,  dealer,  consignor or commission merchant or otherwise.
5. " Producer"  means a person who is engaged in this state in the business of commercially producing or causing citrus to be commercially produced.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-468.01 - Arizona citrus research council; appointment; term

3-468.01.
Arizona citrus research council;  appointment;  term
A. The Arizona citrus research council is established consisting of five producers appointed by the governor. The members shall be appointed as follows:
1. Two producers from district one,  including Yuma county.
2. One producer from district two,  including Maricopa,  Pima and Pinal counties.
3. Two producers appointed at large.
B. The governor may consult with any recognized organization in this state that represents citrus producers 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 › § 3-468.03 - Administrative services; reimbursement

3-468.03.
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 and the department. 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 remain under the direct supervision of the department unless otherwise agreed to by the council and the department.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-468.04 - Fees; collection; budget

3-468.04.
Fees;  collection;  budget
A. On or before July 1 of each year,  the council shall assess a fee of not more than $.05 per standard carton or forty pounds of equivalent weight in bulk bins of citrus produced. The council may assess the fee for citrus produced for the fresh market and the fee for citrus produced for juice production at different amounts. For the purposes of this subsection,  " standard carton"  means a container or package prescribed for each kind of citrus fruit pursuant to article 2 of this chapter and rules adopted under that article.
B. Each grower-shipper,  shipper and handler shall keep a complete and accurate record of all citrus 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 citrus being assessed. The grower-shipper,  shipper or handler is a trustee of the monies until they are paid to the council pursuant to subsection B of this section and according to procedures established pursuant to articles 2 and 4 of this chapter and rules adopted pursuant to those articles. A citrus producer is responsible for paying the fee unless the fee is withheld for payment by the grower-shipper,  shipper or handler first marketing the citrus.
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 › § 3-468.05 - Failure to pay fee; penalty; hearing; violation; classification

3-468.05.
Failure to pay fee;  penalty;  hearing;  violation;  classification
A. A person who is required to pay fees pursuant to section 3-468.04 and who fails to pay the fee within the time required by section 3-468.04 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 any fee,  penalty or interest imposed.
B. The council shall hold a hearing if requested. After the hearing the council shall 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 after 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 › § 3-468.06 - Arizona citrus trust fund

3-468.06.
Arizona citrus trust fund
A. The Arizona citrus trust fund is established for the exclusive purpose of implementing,  continuing and supporting the agricultural program established by this article. Monies collected pursuant to this article 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 › § 3-468.07 - Indemnification of council members

3-468.07.
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 › § 3-468.08 - Termination of council

3-468.08.
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. The council,  by a two-thirds vote of its membership,  determines that it is no longer in the best interest of the citrus 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 citrus 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 › § 3-481 - Definitions

3-481.
Definitions
In this article,  unless the context otherwise requires:
1. " Associate director"  means the associate director of the division.
2. " Bulk lot"  means fresh fruit or vegetables that are not contained in a box,  carton,  crate or lug but may be contained in a bin or a similar container and are set apart from fresh fruit and vegetables that are packaged in containers authorized pursuant to this article or rules adopted pursuant to this article.
3. " By-products"  means a product that is commercially processed or manufactured for resale from fruits or vegetables or their juices.
4. " Commission merchant"  means a person that receives on consignment or solicits from the producer any fruit or vegetable for sale on commission on behalf of the producer or that accepts any fruit or vegetable in trust from the producer for the purpose of resale. Commission merchant does not include a shipper.
5. " Container"  means a box,  carton or lug that is used for packing,  shipping or selling fruit or vegetables that are authorized by this article or rules adopted pursuant to this article.
6. " Dealer"  means a person that sells,  markets or distributes fruit or vegetables that the person purchased from a producer or markets as an agent,  broker or commission merchant,  except at retail. Dealer does not include a shipper.
7. " Division"  means the citrus,  fruit and vegetable division of the department.
8. " Lot"  means a unit of identical or similar items that are produced by one person and that are grouped or consolidated in one or more containers for packaging or transporting or a cluster of identical or similar items that are produced by one person and that are included in the same shipping order,  bill of lading or other itemized transport order.
9. " Packer"  means a person,  other than a producer,  shipper or dealer,  that is engaged in the business of harvesting or packing fruit or vegetables.
10. " Person"  includes an individual,  firm,  association,  partnership,  trust or corporation.
11. " Producer"  means a person that is engaged in this state in the business of producing or causing fruit or vegetables to be produced for market in commercial quantities.
12. " Shipper"  means a person that ships,  transports,  sells or markets fruit or vegetables under the person's registered trademark or label or a person that first markets the fruit or vegetables on behalf of the producer. Shipper does not include a commission merchant.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-483 - Associate director; qualifications

3-483.
Associate director;  qualifications
A. The associate director,  as appointed and authorized by the director,  shall administer and enforce this article and articles 2,  4.1 and 4.3 of this chapter and rules adopted pursuant to those articles. The director may delegate to the associate director any of the director's administrative responsibilities,  powers or duties as the director considers to be necessary or desirable for the proper administration of those articles.
B. Before appointing the associate director,  the director shall consult with the citrus,  fruit and vegetable advisory council.
C. If the associate director dies,  resigns or is discharged,  the director shall appoint a successor as soon as practicable.
D. The associate director must be experienced in both of the following:
1. Management,  budgets and program administration.
2. Citrus,  fruit or vegetable quality assurance practices or produce safety procedures.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-484 - Deputies and clerks; compensation; expenses

3-484.
Deputies and clerks;  compensation;  expenses
A. The compensation of the associate director shall be as determined pursuant to section 38-611. The associate director,  with the approval of the director,  shall fix the duties of each deputy and clerk. Compensation of the deputies and clerks shall be as determined pursuant to section 38-611.
B. The compensation of the associate director and all expenses properly incurred in the enforcement of this article,  including compensation,  travel and subsistence expenses and office expenses,  shall be paid from the citrus,  fruit and vegetable trust fund established by section 3-447.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-485 - Relationship of standardization and marketing order programs

3-485.
Relationship of standardization and marketing order programs
A. Citrus,  fruit and vegetable standardization and the office of commodities development and promotion shall cooperate in establishing and administering marketing orders and marketing agreements.
B. The associate director may perform inspections and collect assessments and other monies on behalf of a marketing commission or marketing committee authorized under section 3-414. Any monies collected shall be disbursed through the commission or committee.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-487 - Rulemaking; definition

3-487.
Rulemaking;  definition
A. Pursuant to section 3-527.02,  the associate director may recommend to the director for adoption rules not in conflict with this article,  as the associate director deems necessary to carry out this article.
B. On recommendation of the associate director,  the director shall prescribe:
1. Standards and grades for fruit and vegetables produced in this state and a standard for fruit and vegetables without specific standards. In establishing the specific standards,  the associate director shall consider factors that apply to the product,  including maturity,  color,  shape,  size,  firmness,  freedom from decay,  diseases,  mechanical and plant pest injury and any other factors that indicate quality and condition.
2. The size,  dimensions,  labeling and markings of containers that are to be used to pack fruit or vegetables and the packing arrangements of the commodity in the container.
3. A permit system for experimental containers,  experimental products and experimental packs,  including an application,  permit number,  quantity allowed by the permit,  duration of the permit and recordkeeping and renewal provisions.
4. Sampling rules for lots and containers of fruit and vegetables to reasonably produce a fair representation of the entire lot or container sampled.
5. The time period allowed to recondition fruit or vegetables pursuant to section 3-486.
6. Appropriate reporting and recordkeeping requirements for shippers,  including:
(a) Reporting totals for each commodity shipped.
(b) A requirement for records to be retained for the preceding two years on the amount of each commodity sold by the shipper for each producer for purposes of reporting under article 1 of this chapter.
(c) A requirement for records to be retained for the preceding year on the percentage ownership interest of each producer for each commodity sold by the shipper.
7. Appropriate reporting and recordkeeping requirements for commission merchants.
C. For the purposes of this section,  " year"  has the same meaning prescribed in section 3-491.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-488 - Confidentiality of records; inspection of records

3-488.
Confidentiality of records;  inspection of records
A. Individual totals of commodities produced or shipped are not subject to public disclosure and are strictly confidential. If a shipper presents a signed and notarized release to the associate director or the associate director's agent,  a person may receive individual totals of commodities shipped by the shipper.
B. Records of shippers are subject to inspection during business hours by the associate director or the associate director's designee. The associate director or designee may investigate any records of any transaction of a commission merchant for possible violations of this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-489 - Requests for inspection by unlicensed or unregistered persons; fees

3-489.
Requests for inspection by unlicensed or unregistered persons;  fees
A. A person who is not licensed under article 2 of this chapter or this article and who requests inspection of citrus,  fruit,  vegetables or nuts shall pay a fee to the citrus,  fruit and vegetable trust fund. The associate director shall set the amount of the fee by rule and shall assess and collect the fee for inspection service performed by the associate director or the associate director's employees. The fee shall be an amount reasonably necessary to cover the costs of inspection and processing of the necessary documentation. Before setting the fee,  the associate director shall consult with the citrus,  fruit and vegetable advisory council.
B. The fee is due and payable on completing the inspection. If the fee is not paid,  the associate director may refuse to perform any further inspection services.
C. The associate director may prescribe a different scale of fees for different locations and different commodities based on the amount of time necessary to inspect the commodities. The associate director may assess a charge for traveling expenses pursuant to title 38,  chapter 4,  article 2.
D. This section does not apply to any inspection services performed pursuant to article 1 of this chapter.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-490 - Unlawful possession; inspection; proof of ownership; seizure; exceptions

3-490.
Unlawful possession;  inspection;  proof of ownership;  seizure;  exceptions
A. If an inspector or peace officer has probable cause to believe that at least fifty pounds of fruit or vegetables that are regulated pursuant to this article are in unlawful possession,  the inspector or peace officer shall request proof of ownership from the person in possession.
B. If an inspector has probable cause to believe that at least fifty pounds of any fruit or vegetables that are regulated pursuant to this article are in unlawful possession in a vehicle,  the inspector may request a peace officer to stop the vehicle for inspection and request proof of ownership from the person in possession.
C. Except as provided in subsection D of this section,  for the purposes of this section,  proof of ownership includes all of the following:
1. The name,  address and telephone number of the seller.
2. The name,  address and telephone number of the buyer,  or consignee if not sold.
3. The common or generic name and quantity of the fruit or vegetable.
4. The date of the transaction and the date the transportation began.
D. A bill of lading,  a bill of sale,  data obtainable by electronic transmission or a similar type of document is considered proof of ownership for the purposes of this section.
E. The buyer and seller shall retain a copy of the documents showing proof of ownership for sixty days after delivery.
F. An inspector or peace officer may seize and hold a fruit or vegetable if,  after requesting or inspecting the offered proof of ownership,  the inspector or peace officer reasonably believes that the person is in unlawful possession of a fruit or vegetable regulated under this article.
G. If an investigation reveals the lawful owner of the fruit or vegetable that has been seized pursuant to this section,  the fruit or vegetable shall be released to the owner or the owner's agent. If a seized fruit or vegetable remains unclaimed after a reasonable period of time,  the associate director may donate the fruit or vegetable to a nonprofit charitable organization. If the fruit or vegetable does not comply with the standards prescribed pursuant to this article,  the associate director may destroy it.
H. This section does not apply to:
1. Fruit or vegetables that are transported from the farm where they are produced to a commercial packing plant in this state for processing or packing.
2. Fruit or vegetables that are transported and accompanied by a valid disposal order issued by an inspector to comply with this article or rules adopted pursuant to this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-492 - Licensing dealers and shippers; application; fees; penalty

3-492.
Licensing dealers and shippers;  application;  fees;  penalty
A. A person may not act as a dealer or shipper without first obtaining a license as provided in this article. Application for the license shall be filed with the associate director and accompanied by a license fee determined according to the annual gross sales based on the dealer's or shipper's previous fiscal year as follows:
1. If the annual gross sales are five hundred thousand dollars or more,  the annual fee is five hundred dollars.
2. If the annual gross sales are between two hundred thousand dollars and five hundred thousand dollars,  the annual fee is three hundred fifty dollars.
3. If the annual gross sales are two hundred thousand dollars or less,  the annual fee is two hundred dollars.
4. If the person was not in business the previous fiscal year,  the annual fee is two hundred dollars.
B. If a person engages in business in more than one category as a dealer or shipper,  the license designation shall be based on the category in which most of the licensee's business is conducted.
C. The monies received as license fees under this section shall be paid into the citrus,  fruit and vegetable trust fund. The license shall expire on September 1 of each year and is renewable annually.
D. The application for a dealer or shipper license shall contain the following information:
1. The full name of the person applying for the license.
2. Whether the applicant is an individual,  partnership,  firm,  corporation,  association,  trust or cooperative association and the full name of each member of the partnership or firm,  the full name of each officer and director of the association or corporation or the full name of each trustee.
3. The principal business address of the applicant in this state and elsewhere and the address where the applicant conducts the described business.
4. The name of the statutory agent in this state for service of legal notice.
5. The category of license for which the applicant is applying.
6. A statement of the facts,  signed under penalty of perjury,  entitling the applicant to a license under the applicable category and stating whether the applicant has ever had any license to handle citrus,  fruit or vegetables in any state denied,  suspended or revoked.
7. If the applicant acts as a commission merchant,  a schedule of commissions and charges for services,  which may not be altered during the term of the license except by written agreement between the parties involved.
E. The associate director shall issue to the applicant a license to conduct the business described for a period of one year unless it is revoked for cause.
F. An applicant who tenders a renewal application for a license that is received by the associate director after September 15 shall pay a penalty of twenty-five dollars. An applicant who tenders a renewal application for a license that is received after October 1 shall pay a penalty of fifty dollars. All penalties shall be deposited in the citrus,  fruit and vegetable trust fund.