reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-113 - Action for false claims against perishable agricultural food product; limitation; definitions

3-113.
Action for false claims against perishable agricultural food product;  limitation;  definitions
A. A producer,  shipper,  or an association that represents producers or shippers,  of perishable agricultural food products that suffers damages as a result of malicious public dissemination of false information that the food product is not safe for human consumption may bring an action for damages and for any other appropriate relief,  including compensatory and punitive damages,  in a court of competent jurisdiction.
B. A person who intentionally disseminates false information to the public that a perishable agricultural food product is not safe for human consumption for the purpose of harming a producer or shipper is liable for damages determined under subsection A.
C. In any action brought under this section the court may award the successful party court costs and reasonable attorney fees.
D. An action under this section shall be commenced within two years after the false information is disseminated.
E. For purposes of this section:
1. " False information"  means information that is not based on reliable scientific facts and reliable scientific data and that the disseminator knows or should have known to be false.
2. " Perishable agricultural food product"  means any agricultural or aquacultural food product or commodity that is grown or produced in this state and that is sold or distributed in a form that will perish or decay within a reasonable period of time.
3. " Producer"  means the person who grows or produces perishable agricultural food products.
4. " Shipper"  means a person who ships,  transports,  sells or markets perishable agricultural food products under the person's registered trademark or label or a person who first markets the perishable agricultural food product on behalf of the producer.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-114 - Liability for unauthorized destruction of field crop product; damages; definition

3-114.
Liability for unauthorized destruction of field crop product;  damages;  definition
A. A person who knowingly damages,  destroys or removes any legal crop or crop product that is grown for commercial purposes or for testing or research purposes in the context of a product development program in conjunction or coordination with a private research facility,  a university or a federal,  state or local government agency is liable for:
1. Up to twice the market value of the damaged,  destroyed or removed crop,  measured before the damage or destruction.
2. Up to twice the actual costs of production,  research,  testing,  replacement and crop development directly related to the damaged,  destroyed or removed crop.
3. Litigation costs including court costs,  attorney fees and expert witness fees.
B. The rights and remedies available under this section are in addition to any other rights and remedies otherwise available in law.
C. For purposes of this section,  " in conjunction or coordination"  means having a written contract involving testing or a product development program relating to the field crop product.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-121 - Smith-Lever act accepted; authority of board of regents

3-121.
Smith-Lever act accepted;  authority of board of regents
A. The assent of the state is given to the provisions and requirements of an act of Congress entitled " An act to provide for cooperative agricultural extension work between the agricultural colleges in the several states, "  known as the Smith-Lever act.
B. The board of regents of the universities and state college of Arizona is authorized and empowered to receive the grants of money appropriated under that act,  and to organize and conduct agricultural extension work in connection with the college of agriculture of the university of Arizona in accordance with the terms and conditions expressed in the act.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-122 - Expenditure from university appropriation to match federal grant

3-122.
Expenditure from university appropriation to match federal grant
Upon duly itemized and sworn claims,  approved by the president of the university of Arizona or his delegated agent,  there shall be paid out of the general appropriation for the university of Arizona,  as other claims against the state are paid,  an amount equal to but not limited to the amount of such additional appropriation as may be apportioned to the state under the provisions of the Smith-Lever act.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-123 - Agricultural extension work

3-123.
Agricultural extension work
Cooperative agricultural extension work shall consist of giving practical demonstrations in agriculture and home economics,  and imparting information on those subjects through field demonstrations,  publications and otherwise. The work shall be carried on in such manner as is mutually agreed upon by the board of regents of the universities and state college of Arizona and the county agricultural extension board of each county provided for in this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-124 - County agricultural extension board; members; appointment; term; qualifications; office space

3-124.
County agricultural extension board;  members;  appointment;  term;  qualifications;  office space
A. The board of supervisors of each county shall appoint seven persons,  who are residents of the county,  to a county agricultural extension board,  four of whom have as their principal business the production of agricultural commodities,  and the other three of whom shall be representative of organizations or persons who utilize the county agricultural extension services.
B. Each member shall be appointed for a term of two years. Members shall serve without compensation.
C. The board of supervisors of each county shall provide reasonable office space for the conduct of extension work in that county.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-125 - Plan of extension work; annual report

3-125.
Plan of extension work;  annual report
The director of the agricultural extension service of the university of Arizona shall annually present a plan of extension work in the state for the ensuing year,  for the approval of the board of regents. The county agent-in-charge in each county shall annually present to and for the approval of the board of supervisors of the county and the county agricultural extension board a detailed report of extension activities in the county for the preceding fiscal year,  including a detailed report of receipts and disbursements,  and a plan of extension work in the county for the ensuing year. The financial reports shall be on forms prescribed by the board of regents.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-126 - Annual county agricultural extension budget; tax levy; collection; expenditures

3-126.
Annual county agricultural extension budget;  tax levy;  collection;  expenditures
A. The Arizona board of regents shall have prepared for each county an annual financial budget covering the total cost including the county's share of the cost of the extension work which,  if adopted by a majority vote of the respective county agricultural extension board at a regularly called meeting,  shall be submitted to the board of supervisors of the county who shall place such amount of such budget as the board of supervisors shall approve on the tax rolls of the county for the ensuing year.
B. The amount placed on the tax rolls shall be raised by direct taxation.
C. The taxes,  when collected,  shall be transmitted by the county treasurer upon warrant drawn by the board of supervisors to the comptroller of the university of Arizona and shall be expended upon claims drawn by the board of regents.
D. All money raised by taxation by a county shall be expended for the use and benefit of that county.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-128 - Expenditures of university of Arizona funds

3-128.
Expenditures of university of Arizona funds
A. For the purpose of aiding counties in support of the agricultural extension program,  the board of regents shall have prepared an annual financial budget covering the university of Arizona's share of the cost of extension work in each county and after approval thereof may expend such amount of the university of Arizona funds.
B. No funds secured through taxation,  appropriation or from the university of Arizona,  as provided in this article,  shall be available for any county until plans for the expenditure of the funds have been made and approved by the board of regents.
C. All money obtained by taxation,  appropriation,  or from the university of Arizona shall be expended for the use and benefit of the county entitled to receive the fund,  and the monies directed to be expended from the university of Arizona funds shall be expended and disbursed upon claims drawn by the board of regents showing upon their face the county for whose account the funds are expended.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-141 - Definitions

3-141.
Definitions
In this article,  unless the context otherwise requires:
1. " Agricultural laboratory services"  means the following services:
(a) Providing a residue analysis of:
(i) Raw,  processed or manufactured agricultural commodities and products.
(ii) Soil.
(iii) Plant or animal tissue.
(iv) Commercial feed as defined in section 3-2601.
(v) Fertilizer as defined in section 3-262.
(vi) Water used for agricultural purposes.
(b) Providing a nutrient analysis of:
(i) Raw,  processed or manufactured agricultural commodities and products.
(ii) Soil.
(iii) Plant or animal tissue.
(iv) Commercial feed as defined in section 3-2601,  and including whole seeds and any feed mixed or unmixed used in the feeding of animals.
(v) Fertilizer as defined in section 3-262.
(c) Providing a quantitative analysis of ingredients in pesticide formulations.
(d) Providing a germination and purity analysis of planting seed.
(e) Providing the identification of insects,  parasites,  bacteria and pathogenic organisms in raw,  processed or manufactured agricultural products and commodities and in plant or animal tissue.
(f) Providing the services necessary to carry out section 3-1203,  subsection A.
(g) Providing any other services compatible with or incidental to those laboratory services provided pursuant to sections 3-142 and 3-143.
2. " Assistant director"  means the assistant director for the state agricultural laboratory.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-143 - Assistant director; powers and duties

3-143.
Assistant director;  powers and duties
A. The assistant director for the state agricultural laboratory is responsible for the administration,  operation and control of the state agricultural laboratory.
B. The assistant director shall have all the following qualifications:
1. A master's degree in chemistry or its equivalent in practical experience as determined by the director.
2. Experience in agricultural laboratory testing or experience in a control laboratory of an agency that regulates feeds,  fertilizers or pesticides.
3. Supervisory experience.
C. The assistant director shall enforce rules established pursuant to section 3-147:
1. For the voluntary certification of laboratories providing agricultural laboratory services to persons of this state.
2. For the mandatory certification of laboratories providing agricultural laboratory services to agencies and departments of this state or its political subdivisions,  including those laboratories that are a part of a state agency or department or a political subdivision of this state.
3. Prescribing testing,  documentation and quality assurance procedures and requirements.
D. The assistant director may contract with and assist other divisions and offices in the department and other departments and agencies of the state,  local and federal governments in the furtherance of the purposes of this article,  including contracting to provide laboratory services.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-144 - State agricultural laboratory; maintenance and purpose; fees

3-144.
State agricultural laboratory;  maintenance and purpose;  fees
A. The state agricultural laboratory is established and maintained to carry out this article and for laboratory examinations,  diagnosis,  analysis,  testing,  quantifying and identification necessary to perform the functions and duties prescribed by this article.
B. The state agricultural laboratory:
1. May accept samples from any person for regulatory,  diagnostic and research purposes.
2. Shall report test results only to the party that provided the original sample.
C. The state agricultural laboratory may collect fees for laboratory services as prescribed by the director.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-145 - Mandatory and voluntary certification; sampling procedures; application; expiration; renewal

3-145.
Mandatory and voluntary certification;  sampling procedures;  application;  expiration;  renewal
A. A person who establishes,  conducts or maintains a laboratory that provides agricultural laboratory services to agencies or departments of this state or its political subdivisions shall apply for a certificate from the state agricultural laboratory as proof that the laboratory so certified is in compliance with rules adopted by the director for the certification of such laboratories. Any other person providing agricultural laboratory services may apply for such a certificate.
B. A person providing guaranteed laboratory analysis information to distributors of commercial feed and whole seeds for consumption by livestock shall be certified under this section.
C. An individual who collects samples for the state agricultural laboratory or for any certified agricultural laboratory shall follow the sampling procedures established by the director.
D. A certified laboratory shall report test results only to the party who provided the original sample and,  on request,  to the state agricultural laboratory or as required by section 3-2611.01.
E. A person who desires a certificate pursuant to this section shall file with the state agricultural laboratory an application for a certificate accompanied by the application fee.
F. The application shall be on a form prescribed by the assistant director and furnished by the state agricultural laboratory and shall contain:
1. The name and location of the laboratory.
2. The name of the person owning the laboratory and the name of the person supervising the laboratory.
3. A description of the programs,  services and functions provided by the laboratory.
4. Such other information as the assistant director deems necessary to carry out the purposes of this section.
G. The assistant director shall issue a certificate to an applicant if the assistant director is satisfied that the applicant has complied with the rules prescribing standards for certified laboratories.
H. A certificate expires one year after the date of issuance and shall be renewed upon payment of the renewal application fee as prescribed in section 3-146 and continued compliance with this article and the applicable rules.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-146 - Certificate fees

3-146.
Certificate fees
The director may establish by rule and the assistant director shall collect in advance the following nonrefundable fees:
1. For an initial laboratory certificate,  not more than nine hundred dollars.
2. For a renewal of a laboratory certificate,  not more than nine hundred dollars.
3. For a duplicate of a certificate,  two dollars.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-147 - Rules; advisory committee

3-147.
Rules;  advisory committee
A. The director shall adopt reasonable rules for certification of laboratories that perform agricultural laboratory testing. Rules shall be prescribed only insofar as they affect the precision and accuracy of laboratory results. The rules shall include:
1. Acceptable methods of sampling,  analyzing and testing including the routine examination of certified laboratories for accuracy of analysis.
2. Acceptable standards of sanitary and safety conditions within the laboratory and its surroundings.
3. Equipment essential to the proper operation of a laboratory.
4. The construction and operation of the laboratory,  including plumbing,  heating,  lighting,  ventilation,  electrical services and similar conditions.
B. If before adopting rules pursuant to this section the director determines that it is necessary or desirable,  the director may appoint an advisory committee pursuant to section 3-106.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-148 - Grounds for denial, suspension or revocation of a certificate; review and appeal

3-148.
Grounds for denial,  suspension or revocation of a certificate;  review and appeal
A. The assistant director may refuse to grant or renew a certificate or may suspend or revoke a certificate if the assistant director has reasonable grounds to believe that the applicant or registrant is not in compliance with adopted rules relating to the certification of laboratories pursuant to this article. The assistant director shall notify an applicant of the reasons for the action.
B. The director shall review the assistant director's action on request of any person adversely affected by the action,  and the director s decision is subject to appeal pursuant to title 41,  chapter 6,  article 10.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-162 - Arizona register of heritage agriculture; qualifying criteria; definition

3-162.
Arizona register of heritage agriculture;  qualifying criteria;  definition
A. The Arizona register of heritage agriculture is established.
B. Any person may apply in writing to the historical advisory commission to nominate agricultural property in this state for listing on the register. If the person nominating the property is not the current owner of the property,  the nomination must include the current owner s written assent to the nomination.
C. To qualify for listing on the register,  the agricultural property must meet both of the following requirements:
1. The property must comprise at least ten acres of real property that has been owned by the same family and in continuous commercial agricultural production for at least fifty years. Property that has been in active production may qualify regardless of occasional periods of inactivity due to:
(a) Acts of God.
(b) Federal farm conservation programs.
(c) Crop rotation practices.
(d) Generally accepted range management and pasture rotation practices.
(e) Temporarily inadequate water supplies.
2. The property must include at least one house,  barn,  shed,  crib,  granary,  silo,  windmill or fence that is at least twenty-five years old.
D. For purposes of this section,  " family"  includes individuals or a trust,  estate,  corporation,  partnership,  joint venture or similar entity or combination of entities,  if the individuals or at least eighty per cent of the beneficiaries,  shareholders,  partners or joint venturers share a family relationship as parents or ancestors of parents,  children or descendants of children,  siblings,  cousins of the first degree,  aunts,  uncles,  nieces or nephews of the first degree,  spouses of any of the listed relatives and listed relatives by the half-blood or by adoption.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-163 - Application

3-163.
Application
A. An applicant must provide documentary evidence that property meets the qualifications prescribed by this article for listing on the register of heritage agriculture. The commission may require additional information as necessary to support the application.
B. The commission shall:
1. Establish an advisory group of persons with experience in agriculture to assist the commission in evaluating applications under this section.
2. Prescribe the procedure for filing and evaluating the applications.
3. Set a nonrefundable application fee which must be paid in full when the application is submitted.
C. The commission may establish categories of recognition based on the age of the agricultural operation.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-164 - Listing property on register

3-164.
Listing property on register
A. The commission shall provide written notification to the owner,  and applicant if different from the owner,  of its decision on listing the property on the register.
B. If the commission lists the property on the register:
1. The commission shall include,  with the notice under subsection A of this section,  a certificate signed by the secretary of state,  the president of the senate,  the speaker of the house of representatives and the chairperson of the commission describing the property and designating it as Arizona heritage agriculture property.
2. The owner of the property may identify the property as Arizona heritage agriculture property using signs,  monuments,  plaques,  letterheads and other identifiers.
C. The designation of property as Arizona heritage agriculture property:
1. Is an honorific recognition only,  and does not confer any other right or privilege except as provided by this article.
2. Does not affect the right to use,  convey,  encumber,  alter or exercise any other right of ownership at the owner s discretion,  and no person may impair or affect the owner s property rights based on the designation of the property as Arizona heritage agriculture property.
3. Terminates if the property no longer meets the requirements of section 3-162,  subsection C. The commission may require the owner to file an annual affidavit that the property continues to qualify under this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-165 - Restricted use of designation; violation; classification

3-165.
Restricted use of designation;  violation;  classification
A. A person may use the designation " Arizona heritage agriculture property"  or " heritage agriculture"  only with the approval of the commission as provided by this article. A person may not use the designation " Arizona heritage agriculture property"  or " heritage agriculture"  for any commercial purpose except as provided by this article.
B. A person who knowingly violates this section is guilty of a class 3 misdemeanor.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-201 - Definitions

3-201.
Definitions
In this article,  unless the context otherwise requires:
1. " Associate director"  means the associate director of the division.
2. " Diseases"  includes any fungus,  bacterium,  virus or other organism of any kind and any unknown cause that is or may be found to be injurious,  or likely to be or to become injurious to any domesticated or cultivated plant,  or to the product of any such plant.
3. " Division"  means the plant services division of the Arizona department of agriculture.
4. " Noxious weed"  means any species of plant that is,  or is liable to be,  detrimental or destructive and difficult to control or eradicate and shall include any species that the director,  after investigation and hearing,  shall determine to be a noxious weed.
5. " Nursery"  means real property or other premises on or in which nursery stock is propagated,  grown or cultivated or from which source nursery stock is offered for distribution or sale.
6. " Nursery stock"  includes all trees,  shrubs,  vines,  cacti,  agaves,  succulents,  herbaceous plants whether annuals,  biennials or perennials,  bulbs,  corms,  rizomes,  roots,  decorative plant material,  flowers,  fruit pits or seeds,  cuttings,  buds,  grafts,  scions and other plants intended for sale,  gift or propagation,  either cultivated or collected in the wild,  except seeds as regulated by article 2 of this chapter,  fruit and vegetables regulated by chapter 3,  articles 2 and 4 of this title and cotton plants.
7. " Pests"  includes all noxious weeds,  insects,  diseases,  mites,  spiders,  nematodes and other animal or plant organisms found injurious,  or likely to be or to become injurious,  to any domesticated,  cultivated,  native or wild plant,  or to the product of any such plant.
8. " Plant"  or " crop"  includes every kind of vegetation,  wild or domesticated,  and any part thereof,  as well as seed,  fruit or other natural product of such vegetation.
9. " Shipment"  includes anything that is brought into the state or that is transported within the state and that may be the host or may contain or carry or may be susceptible of containing,  carrying or having present on,  in or about it any plant pest or plant disease.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-202 - Infested or infected plants as public nuisances

3-202.
Infested or infected plants as public nuisances
All plants,  soil and other things found infested or infected with a crop pest or disease or which are the host or carrier or means of disseminating or propagating a crop pest or disease is declared a public nuisance,  and may be abated,  suppressed,  controlled or regulated as provided in this article and by the rules and orders of the director.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-203 - Quarantine of infected and diseased plants; notice; hearing

3-203.
Quarantine of infected and diseased plants;  notice;  hearing
A. When a plant or any other thing is found infested or infected by or to contain or harbor a crop pest or disease,  the director shall place thereon a written warning or notice,  stating:
1. That the plant or thing is held under quarantine by the department.
2. That all persons are forbidden to remove or otherwise disturb the plant or thing pending further action by the department under section 3-204 or 3-205.
B. The director shall,  as soon as practical,  notify in writing the owner or person in charge of the plant or thing,  if he can be found within the county,  of his finding the crop pest or disease,  stating the name thereof,  and giving a sufficient description of the plant or thing by name,  location or otherwise in order that it may be readily identified.
C. An owner or person in charge of a plant or thing that is subject to this section may request a hearing pursuant to title 41,  chapter 6,  article 10,  but the request for a hearing shall not stay necessary abatement action under section 3-204 or 3-205.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-204.01 - Council plow-up request; civil penalty

3-204.01.
Council plow-up request;  civil penalty
A. At the request of the cotton research and protection council,  the director,  acting as an agent of the council,  shall plow up cotton fields that are not in compliance with section 3-1086,  subsection D. An injunction shall not be granted to stay this state from plowing up the fields. The director may request the cotton research and protection council to provide monies pursuant to section 3-1085,  subsection B to help defray the costs of the plow up until the owner or person in charge reimburses the department for the actual costs of the plow up.
B. If the actual costs of the plow up are not paid within three months after the owner or person in charge receives notice of the amount of the costs,  the department may impose a civil penalty of one hundred fifty per cent of the costs of the plow up. At the director's request,  the attorney general shall file an action in superior court to recover civil penalties assessed pursuant to this subsection.
C. A producer may appeal to the council the order of the council for the plow up of noncompliant cotton fields by the department pursuant to title 41,  chapter 6,  article 10.
D. All costs and civil penalties collected under this section shall be deposited,  pursuant to sections 35-146 and 35-147,  in the dangerous plants,  pests and diseases trust fund established by section 3-214.01.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-205.01 - Summary abatement of noxious weeds, crop pests or diseases under preapproved programs

3-205.01.
Summary abatement of noxious weeds,  crop pests or diseases under preapproved programs
The director may treat,  spray,  control,  suppress or eradicate noxious weeds,  crop pests or diseases through a countywide,  area-wide or statewide program or programs that have been approved or authorized by the department. If such countywide,  area-wide or statewide program or programs affect cotton,  the program or programs must also be approved by the cotton research and protection council. The director may take whatever actions that are necessary to assist,  support or enforce such programs including entering any fields to treat,  spray,  control,  suppress or eradicate noxious weeds,  crop pests or diseases under these authorized or approved programs.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-205.02 - Regulating production of colored cotton; civil penalties

3-205.02.
Regulating production of colored cotton;  civil penalties
A. The director may adopt rules to regulate the production of colored cotton. The rules shall include registering producers,  production requirements,  field separation,  cotton appliances used to produce,  transport and handle colored cotton and ginning and seed requirements.
B. The director may impose the following sanctions for violating colored cotton rules:
1. A civil penalty assessed against a grower of not more than seven hundred fifty dollars per acre for each planted acre of colored cotton unless the grower voluntarily abates the colored cotton crop before the first bloom.
2. A civil penalty assessed against the owner or operator of a cotton gin of not more than one hundred dollars per bale of colored cotton for violating ginning rules.
3. A civil penalty assessed against the owner or operator of a cotton appliance of not more than five hundred dollars per violation for violating the cotton appliance rules.
4. Suspension or revocation of a grower's colored cotton registration.
C. All civil penalties assessed pursuant to this section shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-206 - Destruction of noninfected crops on abatement of nuisance; procedure; hearing; evidence

3-206.
Destruction of noninfected crops on abatement of nuisance;  procedure;  hearing;  evidence
A. If the plants constituting the nuisance consist of growing crops,  trees,  orchards,  vines or shrubbery,  and the infestation or infection is by a plant pest or disease of such a nature,  or if the location of the plants with respect to other plants not infested or infected is a part of the same crop,  or is growing immediately adjacent to the infested or infected plants,  and the director believes it is impractical to abate the nuisance,  and to suppress,  eradicate or control the crop pest or disease without destroying the whole of the crop,  trees,  orchard,  vines or shrubbery of which the infested or infected plants are a part,  or without serious injury to uninfected or uninfested plants,  the director may adopt proper measures to control,  eradicate and suppress the crop pest or disease,  although it causes a destruction of the crops,  trees,  orchards,  vines and shrubbery or an injury to uninfected or uninfested plants that are a part of the crops,  trees,  orchards,  vines or shrubbery.
B. Before proceeding with abatement of the nuisance or suppressing,  eradicating or controlling the crop pest or disease,  the director shall serve written notice on the owner or person in charge of the premises on which the nuisance is located,  specifying the infestation or infection and directing the person to appear at a hearing to be held at a time and place within the county where the nuisance exists,  and show cause why the crop,  trees,  orchard,  vines or shrubbery should not be destroyed in whole or in part.
C. The notice shall be personally served on the person,  if the person is found within the county where the nuisance exists,  at least five days before the hearing. If the person is a nonresident or cannot be found in the county,  the notice shall be published in a newspaper published in the county for at least seven days before the hearing,  and in addition,  a copy thereof shall be posted in a conspicuous place on or at the premises involved for a like period.
D. Any interested party may appear at the hearing and be heard,  either in person or by attorney. The hearing officer shall preserve a record of all evidence introduced,  and at the conclusion of the hearing shall enter an order conforming to the hearing officer's findings.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-207 - Crop pest or disease menacing state; notice of hearing; publication

3-207.
Crop pest or disease menacing state;  notice of hearing;  publication
A. When a crop pest or disease is discovered within this state,  or any section of an adjoining state or country,  which the director believes menaces or threatens serious injury to the horticultural or agricultural industry of this state unless the crop pest or disease is eradicated,  suppressed or controlled so as not to cause the threatened injury,  and if the director believes it impractical to prevent the threatened injury except by destruction in whole or part of uninfested or uninfected plants within this state which would,  if not destroyed or injured,  permit the crop pest or disease to be introduced into this state or cause its spread and dissemination either within or without the state,  he shall give public notice of the menace stating the character thereof,  its present location and the crops to which it is injurious. The notice shall direct all persons interested:
1. To appear at the division office at a time therein specified to consider measures for the suppression,  eradication or control of the threatened injury.
2. To show cause why the director should not order the destruction or injury of all or such portion of the plants,  which,  if not destroyed or injured,  will become the means of introducing the crop pest or disease into the state or of spreading it to other places,  or to show cause why a quarantine zone should not be established.
B. The notice shall be published at least seven days prior to the hearing in at least one newspaper for at least one insertion in each county wherein the director deems it necessary to destroy or injure the plants,  and in a newspaper published at Phoenix.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-208 - Hearing on plant menace; evidence; quarantine zones; violation

3-208.
Hearing on plant menace;  evidence;  quarantine zones;  violation
A. Any interested party may be heard at the hearing,  either in person or by attorney. The department shall preserve a written record of all evidence introduced at the hearing.
B. If the director finds that a menace exists,  he may make and enforce rules and orders and establish quarantine zones or districts to eradicate,  suppress or control the menace.
C. When the director finds the danger which caused the establishment of a prohibited zone is no longer present,  he shall revoke the order establishing the zone,  and may by order change or modify the order establishing a zone or applicable rules without notice or hearing,  but no additional territory shall by subsequent order be added to or included within the boundaries of the zone except by notice and hearing as required for establishing the zone.
D. After the date on which the director enters the order establishing a zone,  it shall be unlawful to plant,  grow or cultivate,  or have in,  or to transport from or into the district any plant of the kind specified in the order except in accordance with the order or subsequent orders.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-209 - Quarantines; notice to common carriers; duty to hold for inspection; certificate of release; inspection

3-209.
Quarantines;  notice to common carriers;  duty to hold for inspection;  certificate of release;  inspection
A. When the director believes the importation from designated countries,  states or localities of specified varieties of plants,  fruits,  vegetables,  seeds,  soil or agricultural or horticultural products is dangerous to this state or to the agricultural or horticultural industry of this state because of the likelihood of infestation with crop pests or diseases,  the director may declare a quarantine against all varieties from those places. Common carriers shall be immediately notified of the declaration of quarantine and are prohibited from transporting quarantined products or pests and diseases associated with the quarantined products from the designated places into the state.
B. Any person who brings or causes to be brought into the state plants,  fruits,  vegetables or agricultural or horticultural products is subject to either of the following procedures:
1. The inspector may issue a certificate of release to the person at a properly signed border inspection station.
2. The inspector may instruct the person,  at a properly signed border inspection station,  to hold the shipment at the place where it is to be received,  without unnecessarily moving or placing it where it may be harmful,  for immediate inspection of the inspector,  and shall not deliver the shipment to the person entitled to it until furnished with a certificate of release by the inspector.
C. If a person does not obtain a certificate of release as prescribed by subsection B,  the person shall,  immediately after arrival in this state,  notify the inspector of the place where the shipment will be received,  and hold it,  without unnecessarily moving or placing it where it may be harmful for immediate inspection of the inspector,  and shall not deliver the shipment to the person entitled to it until furnished with a certificate of release by the inspector.
D. The director,  the associate director or the inspector may enter into any place where the products are received,  as described in subsection C,  for the purpose of making the investigation or examination.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-210 - Destruction of infected shipments

3-210.
Destruction of infected shipments
A. When a shipment of any plant,  plant product,  soil or other thing imported or brought into the state is found to be infested by or to harbor insects,  noxious weeds or other pests dangerous to the interests of the state,  the director shall notify,  in writing,  the shipper,  consignee or owner,  and shall require the shipper,  consignee or owner,  at the owner's option,  immediately to reship from the state,  treat or destroy the plant or other thing in whole or in part as the director deems necessary,  at the owner's expense. If the shipper,  consignee or owner neglects or refuses to reship from the state or treat or destroy the infested shipment the director shall order the infested shipment to be destroyed.
B. A shipper,  consignee or owner of any plant,  plant product,  soil or other thing that is subject to this section may request a hearing pursuant to title 41,  chapter 6,  article 10,  but the request for a hearing shall not stay necessary treatment action under this section.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-211 - Imported nursery stock; labeling; certificate of inspection

3-211.
Imported nursery stock;  labeling;  certificate of inspection
Nursery stock shipped into this state from another state or country shall be prominently labeled with the name and address of both the shipper and consignee,  and shall be accompanied by a certificate of inspection dated within one year,  or a copy of the certificate,  made by a duly authorized official of the state or country in which the stock was grown. Shipments of plants,  fruits,  vegetables or seeds,  not grown in the locality from which shipment was made,  shall,  in addition,  specify where the plants or products were grown. Shipments into the state shall conform to rules adopted by the director.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-212 - Infested plants; sale or transportation prohibited; disposition of infested or wormy apples and pears

3-212.
Infested plants;  sale or transportation prohibited;  disposition of infested or wormy apples and pears
A. It is unlawful to offer for sale,  sell,  give away or transport,  except from the state as provided in section 3-211,  plants,  fruits,  vegetables or seeds known to be infested by dangerously injurious insects or plant diseases or known to harbor any pest whatsoever.
B. When apples or pears are infested by the coddling moth,  plain evidence of injury by this insect to the fruit shall constitute a condition of infestation.
C. When the director believes the protection of the industry requires such action,  fruit commonly known as " wormy, "  together with other apples or pears in the same container or lot together with the containers,  shall be declared a public nuisance by the director,  and offering for sale,  selling,  giving away or transporting the fruit after it is declared a public nuisance is unlawful.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-214 - Failure to stop at inspection station

3-214.
Failure to stop at inspection station
It is unlawful for a person in possession or in control of a vehicle to fail to stop the vehicle at a properly signed border inspection station,  or upon demand of a plant quarantine officer,  for the purpose of determining whether any quarantine established pursuant to the provisions of law is being violated or whether the vehicle may harbor pests or diseases associated with a quarantine.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-214.01 - Dangerous plants, pests and diseases trust fund

3-214.01.
Dangerous plants,  pests and diseases trust fund
A. A dangerous plants,  pests and diseases trust fund is established for the exclusive purpose of implementing,  continuing and supporting the agricultural program established by this article. All monies collected under this article except civil penalties assessed pursuant to section 3-205.02 or 3-215.01 shall be deposited in the dangerous plants,  pests and diseases trust fund.
B. The director shall administer the trust fund as trustee. The state treasurer shall accept,  separately account for and hold in trust any monies deposited in the state treasury,  which are considered to be trust monies as defined in section 35-310 and which shall not be commingled with any other monies in the state treasury except for investment purposes. On notice from the director,  the state treasurer shall invest and divest any trust fund monies deposited in the state treasury as provided by sections 35-313 and 35-314.03,  and monies earned from investment shall be credited to the trust fund.
C. The beneficiary of the trust is the agricultural program established by this article. All monies in the dangerous plants,  pests and diseases trust fund are to be used by the department exclusively to carry out this article,  including salaries,  fees and office,  administrative,  bonding and travel expenses incurred.
D. The unexpended and unencumbered balance of monies,  if any,  remaining in the dangerous plants,  pests and diseases trust fund at the end of each fiscal year shall not revert to the state general fund.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-215 - Violations; classification

3-215.
Violations;  classification
A. It is unlawful to knowingly refuse or fail to comply with any rule or order adopted by the director to protect the agricultural or horticultural industry,  or adopted to control a quarantine zone established by the director. A violation of this subsection is a class 2 misdemeanor.
B. A person obstructing or conspiring to obstruct the director or his representatives,  in the performance of their duties,  or who violates any provision of this article is guilty of a class 1 misdemeanor. Each separate violation shall constitute a separate offense.
C. This section does not apply to a person who fails to destroy cotton or cotton stubble before an established date or who plants cotton before an established date.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-215.01 - Violation; civil penalty

3-215.01.
Violation;  civil penalty
A. A person who knowingly transports or causes the transportation of a crop pest or crop disease into this state is subject to a civil penalty as prescribed by subsection B of this section. A person who receives a certificate of release under section 3-209 is exempt from this section.
B. The director may bring an action under this section in superior court in the county in which a violation is alleged to have occurred. On finding a knowing violation,  the court may assess the civil penalty in an amount it considers appropriate,  but not exceeding five thousand dollars for each violation. In determining the amount of the penalty,  the court shall consider at least the following items:
1. Any prior violations of the same nature within the preceding twenty-four months.
2. The actual consequences and danger of the crop pest or crop disease to the state or to the agricultural or horticultural industry in this state.
3. The commodity or other thing that carries the crop pest or crop disease into this state.
4. The class of crop pest or crop disease introduced.
5. Whether the defendant possesses a certificate of release.
6. Any abatement action taken by the defendant.
7. The extent of the infestation.
C. All civil penalties assessed pursuant to this section shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-216 - Enforcement powers of deputy, inspector or agent; cooperation

3-216.
Enforcement powers of deputy,  inspector or agent;  cooperation
A. When any power or authority is given by any provision of this article to the director,  it may be exercised by any deputy,  inspector or agent duly authorized by the director.
B. Any person in whom the enforcement of any provision of this article is vested has the power of a peace officer as to such enforcement.
C. By interagency agreement,  the department of agriculture and the motor vehicle division of the department of transportation shall cooperate at the ports of entry to carry out the provisions of this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-217 - Nursery or nursery stock certification; fee; denial, revocation or suspension; hearing

3-217.
Nursery or nursery stock certification;  fee;  denial,  revocation or suspension;  hearing
A. The associate director shall:
1. Establish a nursery certification program.
2. By rule,  set and collect a variable fee for each nursery or nursery stock certification inspection based on a schedule of costs for services as may be appropriate to recover the actual direct costs incurred by the division,  but not more than fifty dollars for each inspection.
B. If the state agricultural laboratory performs tests under a nursery certification program,  the laboratory may collect fees prescribed by rule for the tests established as follows:
1. The associate director shall establish by rule the extent and type of testing required for the Arizona certified nursery program including only tests that the department would not otherwise have performed to determine if the nursery or nursery stock is infested or infected with a crop pest or disease.
2. The extent and type of testing required for the export criteria program shall be established according to the requirements of another state,  country or commonwealth.
C. The associate director may issue,  refuse to issue,  revoke or suspend a nursery certificate under the nursery certification program.
D. A person who is aggrieved by any action under the nursery certification program may request a hearing pursuant to title 41,  chapter 6,  article 10.