reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-582 - Arizona grain research and promotion council; appointment; term

3-582.
Arizona grain research and promotion council;  appointment;  term
A. An Arizona grain research and promotion council is established that is composed of seven producers appointed by the governor. To be qualified for appointment to council membership a person must be a resident of and producer in this state.
B. The term of office of council members is three years,  expiring on January 31. The qualifications of members as provided for in this section must continue during their term of office or their office will be declared vacant. The governor shall appoint a person when a vacancy occurs to serve for the remainder of the unexpired term.
C. Members of the council shall serve without compensation but are entitled to reimbursement for subsistence and travel as provided by title 38,  chapter 4,  article 2.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-584 - Powers and duties of the council

3-584.
Powers and duties of the council
A. The council shall:
1. Meet at least once during each calendar quarter and more frequently on the call of the chairman,  vice-chairman or any three members of the council.
2. Annually elect a chairman from among its members.
3. Elect a secretary and a treasurer from among its members.
4. Establish an executive committee,  consisting of the chairman,  secretary and treasurer. The executive committee shall act pursuant to direction received from the full council,  or if the situation arises,  the executive committee shall act and then bring the subject and its action before the full council at the next regular meeting of the council for review and ratification.
5. Establish fees to be assessed within the limits prescribed in section 3-587 to be held in trust in,  and subject to the terms and conditions prescribed for,  the Arizona grain research trust fund established by section 3-590.
B. Programs and projects authorized under this article may include:
1. Cooperation in state,  regional,  national or international activities with public or private organizations or individuals to assist in developing and expanding markets and reducing the cost of marketing grain and grain products.
2. Participation in research projects and programs to assist in reducing fresh water consumption,  developing new grain varieties,  improved production and handling methods,  research and design of new or improved harvesting and handling equipment.
3. Any program or project that the council determines appropriate to provide education,  publicity or other assistance to facilitate further development of the Arizona grain industry.
C. The council may:
1. Adopt administrative rules necessary to promptly and effectively administer this article.
2. Appoint subordinate officers and employees of the council,  prescribe their duties and fix their compensation.
3. Accept donations of monies,  property,  services or other assistance from public or private sources for the purpose of furthering the objectives of this article. All donations of monies shall be held in trust in,  and subject to the terms and conditions prescribed for,  the Arizona grain research trust fund established by section 3-590.
4. Investigate and prosecute in the name of this state any action or suit to enforce the collection or ensure payment of the fees authorized and sue and be sued in the name of the council.
5. Make grants to research agencies for financing appropriate studies,  research projects and programs to assist in reducing fresh water consumption,  developing new grain varieties,  improved production and handling methods and research and design of new or improved harvesting and handling equipment.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-585 - Indemnification of council members

3-585.
Indemnification of council members
Each member of the council is indemnified by the council against reasonable costs and expenses,  including attorney fees,  incurred by him in connection with any action,  suit or proceedings to which he may be a party by reason of his being or having been a member of the council,  except in relation to matters as to which he is adjudged in such action,  suit or proceeding to have been acting in bad faith as a council member. The right of indemnification is in addition to other rights to which such member is entitled as a matter of law.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-587 - Budget and fees; report

3-587.
Budget and fees;  report
A. Before each marketing year begins,  the council shall submit a proposed budget sufficient to carry out the purposes of this article. The budget is effective on approval by the council.
B. To provide monies to carry out the purposes of this article,  the council shall assess a fee of up to five cents per hundred weight of grain sold through commercial channels.
C. The first purchaser shall collect and remit the fees to the council pursuant to the forms,  procedures and periodic reports or returns as the council prescribes. The first purchaser shall remit the fees to the council on or before the tenth day of the month following collection of the fee or as prescribed by the council.
D. Paying the fee is the primary responsibility of the producer,  except the liability is discharged if the fee is collected or withheld by the first purchaser.
E. The council shall prepare an annual report on its programs and activities and submit it to the governor.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-588 - Administrative services; reimbursement

3-588.
Administrative services;  reimbursement
A. The department shall provide through an intergovernmental agreement necessary administrative services to the council in conducting its activities 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 issuing checks,  paying bills approved by the council,  preparing annual audits,  expenditure and receipt reports whether monthly or annually and any other activities requested by the council.
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 meeting facilities for the council.
8. Providing for producer elections as provided in this article.
9. Providing any other administrative services which the council requests or finds necessary.
B. The council shall reimburse the department for all of the administrative services rendered for the benefit of the council from the monies received under this article in an amount agreed on by the council and department. Monies received by the department shall be deposited,  pursuant to sections 35-146 and 35-147,  in the administrative support fund established by section 3-108.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-589 - Pledge or mortgage of grain; deduction of fee

3-589.
Pledge or mortgage of grain;  deduction of fee
A. If a pledge or mortgage of grain is given as security for a loan under the federal price support program,  the fee is deductible from the proceeds of the loan at the time the loan is made or is deductible thereafter by agencies of the federal government. Producer's note and loan agreements pertaining to farm storage,  warehouse storage and delivery instructions issued by a federal agency to the grower are deemed to constitute proof of payment of the research and promotional fee on the grain listed.
B. Supplemental or alternate forms which may be proposed by the commodity credit corporation and which contain the necessary information as required by this article may be used.
C. If the grain described in subsection A remains in farm storage for the duration of the pledge or mortgage,  the promotional fee paid at the time the loan was made is deemed a complete satisfaction of the promotional fee liability.
D. In connection with the collection of the grain council fee on commodity credit corporation grain loans disbursed and purchase agreement settlements made,  undercollections or overcollections of the grain promotional fee amounting to fewer than three dollars as a result of errors do not require collection of the underpayment or refunds of the overpayment by the commodity credit corporation,  and their responsibility in such cases is waived.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-590 - Arizona grain research trust fund

3-590.
Arizona grain research trust fund
A. The Arizona grain research trust fund is established for the exclusive purpose of implementing,  continuing and supporting the agricultural program established by this article. The council shall administer the trust fund as trustee. The trust fund consists of fees collected pursuant to this article.
B. The beneficiary of the trust is the agricultural program established by this article. The trust fund shall be used exclusively for the purposes of this article on the order of the council.
C. The state treasurer shall accept,  separately account for and hold in trust monies deposited in the state treasury,  which are considered to be trust monies as defined by 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 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.
D. Monies in the 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. If the council is terminated,  any monies remaining in the trust fund after terminating this article shall be expended to meet existing legal obligations of the council. The council shall expend any surplus remaining for market research or other lawful purposes under this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-591 - Failure to make report

3-591.
Failure to make report
If a person subject to the fee required by this article fails to make a report and remittance as required,  the council shall determine the amount of the fee according to its best information and judgment,  which amount so fixed is prima facie correct. The person failing to make the report shall pay the fee within ten days after notice of the amount of the fee so fixed and computed by the council,  together with a penalty of five per cent of the amount of the fee. The person may dispute the fee as fixed by the council and request a hearing to determine the amount of the fee and penalty to be imposed. No payment may be made until the council enters its order determining the amount of payment,  but the person shall pay the fee and any penalties assessed within ten days of notice of the decision.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-592 - Refund of fees

3-592.
Refund of fees
A producer may by the use of forms provided by the council,  and on presentation of such proof as the council may require,  have the fee refunded. A request for refund must be received in the office of the council within sixty days following the payment of the fee by the first buyer or the first purchaser. The council shall direct the state treasurer,  as trustee,  to make refunds within thirty days of the request for refund if the fee sought to be refunded has been received. The council shall adopt such rules as are necessary to further ensure that the fees are refunded promptly.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-593 - Association of producers

3-593.
Association of producers
A. Any activity including meetings undertaken pursuant to this article and intended to benefit the producers,  handlers or processors of grain is not intended to be illegal or in restraint of trade.
B. The council may,  so as not to duplicate activities or services,  work closely with the other private associations or public agencies which have expertise and interest in growing and marketing grain.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-594 - Petition and election to terminate council

3-594.
Petition and election to terminate council
On petition of at least one hundred twenty-three producers,  the council shall conduct an election within sixty days of receipt of the petitions to determine whether the council should recommend to the legislature that the council and its programs be discontinued and terminated. The petition of producers shall include a certification statement that the signatures are those of producers of grain. The ballot for an election shall be in such form as to record a yes or no answer to the question: " Shall the Arizona grain research and promotion council recommend to the legislature that the council and its programs be discontinued and terminated?"  If a majority of those producers voting votes yes,  the council shall recommend to the legislature that the council be terminated.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-601.01 - Product standards; rules

3-601.01.
Product standards;  rules
A. The federal definitions and standards of identity for the following,  which are adopted pursuant to the federal food,  drug and cosmetic act,  as amended (52 Stat. 1040;  21 United States Code section 301 et seq.) and in effect on July 1,  1989,  are the standards of identity for all such products in this state:
1. Milk and cream (title 21 Code of Federal Regulations part 131).
2. Cheeses and related cheese products (title 21 Code of Federal Regulations part 133).
3. Frozen desserts (title 21 Code of Federal Regulations part 135).
4. Lactose (title 21 Code of Federal Regulations section 168.122).
5. Whey (title 21 Code of Federal Regulations section 184.1979).
6. Reduced lactose whey (title 21 Code of Federal Regulations section 184.1979a).
7. Reduced minerals whey (title 21 United States Code section 184.1979b).
8. Whey protein concentrate (title 21 United States Code section 184.1979c).
B. Any product listed in subsection A that is sold in this state and that conforms to the definitions and standards that are adopted pursuant to the federal act in effect on July 1,  1989 is deemed to comply with subsection A of this section.
C. The associate director may recommend to the director for adoption a rule to designate any other food product as a manufactured milk product and subject to regulation as a manufactured milk product if the food product is prepared or manufactured in whole or in part from any products listed in section 3-601,  paragraph 10.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-603 - Powers and duties; state dairy supervisor; qualifications; production of papers; formal requirements of complaints

3-603.
Powers and duties;  state dairy supervisor;  qualifications;  production of papers;  formal requirements of complaints
A. The associate director,  with the approval of the director,  shall employ a state dairy supervisor to enforce the provisions of this article. The supervisor shall recommend to the director for adoption rules deemed necessary or advisable to carry out the provisions thereof.
B. The supervisor shall be a person who has experience in the dairy industry and must possess technical and educational qualifications or practical experience in producing,  handling and testing milk and in other matters relating to the dairy industry.
C. If the production of papers,  books and records relating to any matter under investigation is deemed advisable,  the director may apply to the superior court in any county for an order requiring the production of the papers,  books and records. If the court is satisfied that the papers,  books and records are pertinent to and helpful in the matter under investigation,  their production shall be ordered.
D. A complaint filed with the department charging noncompliance with or violation of any provision of this article shall be in writing and signed by the complainant,  but a complaint by a producer relating to the accuracy of a butterfat,  bacterial or other test directly affecting the price received by the complainant need not be in writing.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-604 - Dairy inspectors; duties; powers; local officers

3-604.
Dairy inspectors;  duties;  powers;  local officers
A. Special dairy inspectors employed by the department shall supervise,  inspect,  weigh and test dairy products produced or manufactured for human consumption and shall perform other duties and possess other powers as may be prescribed by the associate director authorized by this article.
B. The director may assign personnel to perform the inspection-related activities prescribed by this chapter under the direction of the associate director.
C. In addition to inspectors employed or assigned under this section,  the enforcing officers of a county health department,  county environmental health department or public health services district under the charge and direction of a health officer or environmental health officer may be deemed special dairy inspectors in the city or county,  and a milk supply inspected and approved by these inspectors shall be deemed to comply with the provisions of this article.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-605 - Federal milk ordinance; health and sanitation provisions; exemption

3-605.
Federal milk ordinance;  health and sanitation provisions;  exemption
A. Unless inconsistent with this chapter,  the production,  transportation,  handling and sale of milk and milk products and the inspection of dairy herds,  dairies and milk plants shall be regulated in accordance with the terms of the federal milk ordinance.
B. The words " health authority"  when used in the federal milk ordinance means the director or the director's authorized representative.
C. Powers and duties in the federal milk ordinance relating to health and sanitation are vested in the director. In addition,  the director shall adopt rules necessary to assure that all milk and milk products sold or distributed for human consumption are free from unwholesome,  poisonous or other foreign substances and filth,  insects or disease-causing organisms. The rules shall prescribe reasonably necessary measurements governing the production,  processing,  labeling,  storing,  handling and transportation of milk and milk products. The rules shall prescribe minimum standards for the sanitary facilities and conditions that shall be maintained in any dairy or other facility and in any truck or other vehicle in which milk or milk products are produced,  processed,  handled or transported. The rules shall provide for the inspection and licensing of premises and vehicles so used,  and for abatement as public nuisances of any premises or vehicles that do not comply with rules and minimum standards. This subsection and the rules prescribed pursuant to this subsection do not apply to dispensing and selling frozen desserts at retail.
D. The provisions of the federal milk ordinance apply to this state.
E. The department is exempt from the rulemaking requirements of title 41,  chapter 6 for the purpose of adopting and implementing the federal milk ordinance.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-610 - Diseased handlers of dairy products prohibited; health examination

3-610.
Diseased handlers of dairy products prohibited;  health examination
No person known to have a contagious or infectious disease shall occupy a room in which dairy products are handled,  or actively engage in handling or in any operation of producing,  processing,  manufacturing,  distributing,  transporting or dispensing dairy products. A person so engaged shall at his own expense submit to a health examination at the request of the associate director.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-611 - Tuberculin testing of dairy herds; veterinarian's certificate; other diseases; exclusion of animals from herds

3-611.
Tuberculin testing of dairy herds;  veterinarian's certificate;  other diseases;  exclusion of animals from herds
A. Except as otherwise provided by law,  a tuberculin test of all dairy herds shall be made before milk therefrom is sold. Thereafter,  testing shall be conducted and reactors disposed of as prescribed by chapter 12,  article 3 of this title. A certificate signed by a licensed veterinarian and filed with the state veterinarian shall be evidence of the test required by this section.
B. A cow showing upon physical examination an extensive or entire induration of one or more quarters of the udder,  whether or not secreting abnormal milk,  shall be permanently excluded from the milking herd. A cow giving bloody,  stringy or otherwise abnormal milk,  but with only a slight induration of the udder,  shall be excluded from the herd until re-examination shows the milk to have become normal.
C. The associate director,  on the recommendation of the state veterinarian,  may,  for a disease not otherwise provided for,  prescribe the tests and examinations to be used. He shall prescribe the times at which the tests shall be given and the methods to be used and shall provide for the disposition of animals reacting to the tests.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-612 - Dairy cows suspected of disease; quarantine; examination

3-612.
Dairy cows suspected of disease;  quarantine;  examination
The associate director may direct the state veterinarian to establish a quarantine of cows,  and make an examination thereof to determine the presence of tuberculosis,  anthrax or other diseases dangerous to human life,  and he shall examine such cows as the associate director directs. If a cow is found to be diseased,  the state veterinarian shall proceed as directed by law for the eradication of tuberculosis among cattle.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-613 - Importation of diseased animals

3-613.
Importation of diseased animals
A dairy animal infected with tuberculosis,  contagious abortion or other contagious or infectious disease shall not be brought into the state. A dairy animal brought into the state shall be accompanied by a certificate issued by a state veterinarian stating that the animal is free from tuberculosis,  and negative to the blood test for contagious or infectious disease.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-614 - Sale of products from diseased cow; classification

3-614.
Sale of products from diseased cow;  classification
A. No person engaged in the production or manufacture of milk or milk products shall sell,  give away,  exchange or barter any milk or milk products in a raw,  unpasteurized or unsterilized state,  from a cow afflicted with a disease dangerous to human health or life,  after knowledge thereof,  or after receiving notice of the presence of the disease in the cow from the associate director or the state veterinarian.
B. A person may market milk or milk products through channels or methods which insure,  to the satisfaction of the associate director,  that such milk or milk products will be thoroughly and effectively pasteurized or sterilized before being offered to the consuming public as food. A person violating this section is guilty of a class 2 misdemeanor.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-615 - Milk holding tanks; structural requirements; measuring device

3-615.
Milk holding tanks;  structural requirements;  measuring device
A. A milk holding tank shall be so designed,  constructed and installed as to withstand ordinary usage and permit accurate measurement of the fluid contents thereof,  and shall be so maintained by the owner. The tanks shall be so designed,  constructed,  installed and maintained that complete delivery of the contents may be made through delivery faucets or valves. Each tank shall be plainly marked by die stamping in letters or numerals that are not less than one-fourth inch in height showing the approved calibrated capacity to the nearest gallon,  and shall be equipped with a means by which the calibration level may be readily determined. The shell,  bulkheads and supporting framework shall be so constructed that they will not become distorted under any condition of liquid lading,  and means shall be provided for the sealing of adjustable parts in such a manner as to prevent the removal or changing of position without destroying or mutilating the seal. Each milk holding tank shall be equipped with a measuring device approved by the state inspector of the weights and measures services division of the department.
B. It shall be unlawful to alter or tamper with a milk holding tank or any part thereof in such a way as to give an inaccurate measurement of the fluid contents thereof.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-616 - Milk holding tanks; tolerances of measuring devices

3-616.
Milk holding tanks;  tolerances of measuring devices
The tolerance allowed in excess or deficiency on a milk holding tank used as a measure and equipped with a measuring device shall be for a milk holding tank with a capacity of:
1. Not more than four hundred gallons,  one-half gallon.
2. Not less than four hundred one nor more than six hundred gallons,  five-eighths gallon.
3. Not less than six hundred one nor more than eight hundred gallons,  three-fourths gallon.
4. Not less than eight hundred one nor more than one thousand gallons,  seven-eighths gallon.
5. Not less than one thousand one nor more than one thousand two hundred gallons,  one gallon.
6. Not less than one thousand two hundred one gallons nor more than one thousand four hundred gallons,  one and one-eighth gallon.
7. Not less than one thousand four hundred one gallons nor more than one thousand six hundred gallons,  one and one-fourth gallon.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-617 - Fat content; determination; fee; inspection of records and equipment

3-617.
Fat content;  determination;  fee;  inspection of records and equipment
A. A milk receiving plant,  manufacturing plant or other place using a volumetric method for determining the fat content of milk or cream,  where the result of the determination is to be used wholly or in part as a basis for payment or settlement for the milk or cream,  or where the proceeds of cooperative creameries or milk receiving or manufacturing plants are allotted on the basis of the determination of milk fat,  or where the result of the determination is used for the purpose of official inspection or for public record,  shall use methods conforming to those prescribed in " standard methods for the examination of dairy products, "  current edition,  by the association of official agricultural chemists.
B. No bottle or pipette shall be used in the determination unless it meets the specifications set up by the national institute of standards and technology for glass volumetric apparatus. All milk or cream test bottles and milk test pipettes,  before being used,  shall be submitted to the division for approval and the associate director shall cause the letter " A"  to be etched thereon as evidence of his approval,  but nothing in this article shall be construed to prohibit the use of a bottle or pipette previously marked " A"  by the associate director,  or the state dairy commissioner under prior law. The associate director shall collect a fee of one dollar for each one dozen bottles or pipettes so approved and etched.
C. When the amount of milk fat contained in milk or cream is used wholly or in part as a basis for payment therefor or is made a matter of official inspection or public record,  no greater or lesser percentage or average percentage of milk fat than is actually contained in the milk or cream shall be reported or recorded.
D. The associate director or an authorized representative may check the records,  inspect the equipment and assist in making determinations of fat content of milk or cream received at a milk receiving or manufacturing plant or other place of determination to ascertain the accuracy of the determinations so made.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-618 - Sampling by purchaser; preservation; records

3-618.
Sampling by purchaser;  preservation;  records
A. A person buying milk or cream from a producer to be paid for on the basis of the percentage of milk fat contained therein,  and for such purpose taking individual samples to form a composite sample for periodic testing,  shall,  at the request of the producer,  at the end of the period for which the composite samples are taken,  thoroughly mix and divide the samples into two approximately equal parts and tender one of the samples to the producer or an authorized representative thereof. The producer may have the composite sample tested by a licensed tester in the presence of the person buying the milk or cream or his authorized representative. If the producer or the purchaser is not satisfied with the result of the test,  the samples shall be submitted to a qualified technician or laboratory and an ether extraction butterfat test made. The result of the ether extract butterfat test shall be final and binding on both parties.
B. A person testing composite samples of milk or cream received from a producer,  the value of which is determined by the milk fat content,  shall preserve intact the remaining portion of the sample from which the test is made and shall keep the same for not less than forty-eight hours after completion of the test for the purpose of permitting the associate director or an authorized representative thereof to examine and test the remaining portion. The samples shall be preserved so as to insure an accurate test being made.
C. A person making tests of samples of milk or cream shall immediately after completion of the tests,  prepare a list of the names or numbers of the producers of the milk or cream tested,  and opposite the producer's name or number the per cent of milk fat contained in each sample. The list shall be signed by the person making the test and shall contain the number of the state license under which the test was made. A copy of the list shall be deposited immediately after the test in a lock box so constructed that the records cannot be readily removed therefrom except by the associate director,  who shall supply the lock therefor and retain all keys to the lock. Each purchaser or receiver shall,  on written request,  mail or deliver to the producer at the time of making the list,  a written statement of the percentage of milk fat contained in the sample representing the milk or cream delivered by the producer.
D. Unless otherwise provided by written permission of the associate director,  a sample of milk or cream tested by the purchaser or his authorized representative shall be tested only at the place where received,  and shall not be removed from the plant or place where tested less than forty-eight hours from the date of testing.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-619 - Qualification of sampler; license; certificate of proficiency; revocation

3-619.
Qualification of sampler;  license;  certificate of proficiency;  revocation
A. No person shall sample milk or cream for the purpose of determining the amount of milk fat contained therein where the result of the test is used as a basis for payment for the milk or cream,  or for official inspection or public record,  unless licensed by the division. An applicant for a license shall give proof satisfactory to the associate director of his ability to perform his duties and shall pay a license fee of five dollars. The license shall be valid for the calendar year in which issued and upon payment of a renewal fee of one dollar fifty cents shall be renewed for each year in which the licensee desires to operate. A license not renewed prior to February 1 is void.
B. No person shall test milk or cream for the purpose of determining the butterfat content thereof,  when the result of the test is used to determine the purchase sales value or the legal standard of the product,  unless the tester has a tester's license. A tester's license may be obtained from the division by presenting a certificate of proficiency,  and payment of a license fee of five dollars. The license shall be valid for the calendar year in which issued,  and upon payment of a renewal fee of one dollar fifty cents shall be renewed for each year in which the tester desires to operate. A license not renewed prior to February 1 is void.
C. A certificate of proficiency may be obtained only from the department of dairy husbandry of the university of Arizona. The applicant therefor shall appear before the department of dairy husbandry or an official representative thereof and submit to such written examination and conduct such demonstration of laboratory technique as the department of dairy husbandry or its representative may require. Upon successfully completing the examination the department of dairy husbandry shall issue the certificate to an applicant displaying required proficiency. A tester's license issued by a state other than this state shall be accepted from the person named thereon in lieu of the certificate of proficiency,  but the tester shall have been actively engaged in testing under the license for a period of not less than ninety days and shall furnish proof thereof. Each license shall be kept at the place in which the licensee is employed and shall be open to inspection.
D. A license may be revoked by the associate director,  after a hearing upon due notice to the licensee,  for a false statement in the application,  dishonesty,  incompetency or inaccuracy,  or for violating any provision of this article. On request,  the director shall review any action taken by the associate director under this subsection.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-620 - Bacterial count; method; inspection of equipment

3-620.
Bacterial count;  method;  inspection of equipment
A. A place of business making the bacterial count a factor in the determination of the basis for payment or settlement for milk or cream,  or a cooperative creamery,  milk receiving or manufacturing plant allotting proceeds on that basis,  shall use the method and equipment prescribed by the American public health association,  " standard methods for the examination of dairy products, "  current edition.
B. Where a bacterial count is used as the basis for payment or settlement for milk or cream,  or where a bacterial count affects the classification of milk or cream as received from the producer or the acceptance or rejection thereof by the operator of a milk receiving or manufacturing plant,  no person shall report or record a larger or smaller bacterial count than that obtained in the manner prescribed in American public health association,  " standard methods for the examination of dairy products, "  current edition.
C. The associate director or his authorized representative may at any time,  for the purpose of determining the accuracy thereof,  inspect the equipment and assist in making a bacterial count of milk or cream received at a place of business making bacterial counts.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-621 - Butterfat content; disagreement; procedure

3-621.
Butterfat content;  disagreement;  procedure
Upon application by a producer and a distributor or a manufacturer,  the associate director shall,  at the expense of the applicants,  appoint an official tester to test the butterfat content of the producer's product. When there is a disagreement or variance in the reading of a Babcock test the original sample shall be submitted to a qualified technician and a determination made by an approved ether extraction method,  the result of which shall be binding upon the parties.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-622 - Regulation of manufactured milk products

3-622.
Regulation of manufactured milk products
The associate director shall regulate the production,  processing,  manufacturing,  labeling,  storing,  transportation,  handling and sale of manufactured milk products according to the general specifications for dairy plants as published by the United States department of agriculture. As used in the general specifications,  " administrator"  means the associate director or his authorized representative.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-623 - Manufacturing milk or cream; operating requirements; sanitation; sediment test tolerance; pasteurization

3-623.
Manufacturing milk or cream;  operating requirements;  sanitation;  sediment test tolerance;  pasteurization
A. Any barn,  corral,  enclosure or place in which manufacturing milk or cream is produced shall be kept free from accumulations of manure or other filth,  and a foul smelling or unsanitary condition in or near the place shall not be tolerated.
B. Manufacturing milk or cream shall be produced in a clean and sanitary manner,  strained into cans as produced and kept free of insects or other foreign matter. Manufacturing milk or cream shall not exceed a number three sediment test given as prescribed for the examination of dairy products by the standard methods of the association of official agricultural chemists. Utensils used in handling manufacturing milk or cream shall be washed clean after each use,  disinfected by a chemical or steam process and stored in a clean place. The utensils shall comply with the requirements prescribed for utensils used in the production of grade A milk.
C. Manufacturing milk or cream shall not be used for manufacturing purposes unless it has been produced and handled as prescribed in this section,  and pasteurized during the process of manufacture.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-624 - Cheese; ingredients; pasteurized cheese; part-skim cheese; labeling; cottage cheese excepted

3-624.
Cheese;  ingredients;  pasteurized cheese;  part-skim cheese;  labeling;  cottage cheese excepted
A. Cheese manufactured in the state for sale shall be made from pasteurized milk,  skim milk,  cream,  goat milk or sheep milk conforming to the requirements prescribed by this article. All cheese sold shall be labeled to indicate the variety and grade of the cheese. Pasteurized cheese or pasteurized-blended cheese bearing a varietal name shall be made from cheese of the variety indicated and conforming to the requirements for fat and moisture prescribed for cheese of that variety. The standards of composition for pasteurized cheese,  pasteurized-blended cheese,  emulsified cheese and process cheese shall be fixed by the associate director and shall conform to those prescribed by the secretary of the United States department of agriculture. Cheese manufactured in the state shall be labeled at the factory with a manufacturer's factory number assigned annually by the associate director. If made outside the state,  cheese shall bear a label stating the name and address of the manufacturer or distributor.
B. It is unlawful to expose for sale any part-skim cheese or skim cheese unless there is attached to the outside of every vessel,  can,  package or cheese exposed or sold a tag legibly bearing in black letters at least one inch in height the words " part-skim cheese No. 1, "  " part-skim cheese No. 2"  or " skim cheese, "  as the case may be. All part-skim or skim cheddar or granular cheese shall be labeled to indicate the grade on its entire outer edge in a manner specified by the associate director. All other varieties of part-skim or skim cheese shall be labeled to indicate the grade in such manner as the associate director prescribes.
C. Nothing in this section shall be deemed to apply to cottage cheese. The addition of cream,  milk or other fluids to uncreamed or creamed cottage cheese shall take place only in a milk distributing plant or a manufacturing milk plant licensed under this article.
D. This section does not apply to any cheese commonly referred to as " hard cheese"  that is manufactured from unpasteurized milk products and that is aged for a period of sixty days from the date of its moulding as evidenced by the date of moulding stamped on the cheese at the time of manufacturing.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-625 - Frozen desserts; coloring matter; weight; butterfat content; ices and sherbets

3-625.
Frozen desserts;  coloring matter;  weight;  butterfat content;  ices and sherbets
A. A frozen dessert may contain,  in addition to the food constituent thereof,  a harmless coloring matter,  flavoring or stabilizer approved by the United States pure food and drug administration,  but shall not contain unsound,  rancid or spoiled ingredients.
B. Ice cream shall weigh not less than four and one-half pounds per gallon. Plain or extract flavored ice cream shall contain not less than ten per cent butterfat and not less than one and six-tenths pounds total food solids per gallon,  nor more than six-tenths per cent by weight of a stabilizer approved by the United States pure food and drug administration. Fruit ice cream shall contain not less than eight per cent butterfat,  three per cent by weight of preserved or fresh fruit or the juices thereof and not less than one and six-tenths pounds per gallon by weight of food solids per gallon,  and not more than six-tenths per cent by weight of a stabilizer approved by the United States pure food and drug administration. Chocolate ice cream shall contain not less than eight per cent butterfat,  one per cent by weight of chocolate or cocoa and one and six-tenths pounds edible solids per gallon,  and not more than six-tenths per cent by weight of a stabilizer approved by the United States pure food and drug administration.
C. Frozen custards or French ice cream shall be so labeled,  and shall contain not less than ten per cent butterfat by weight. Iced milk shall contain not less than four nor more than eight per cent butterfat by weight. Fruit iced milk and chocolate iced milk shall contain not less than three per cent butterfat by weight. Every sales container of iced milk shall be labeled iced milk and an establishment serving iced milk by the dish,  cone or similar manner to the general public shall display in a prominent place and in letters not less than two inches in height,  a sign bearing the words " iced milk sold here."
D. Ices,  sherbets and similar frozen products in which water is the principal ingredient but which contain a small amount of dairy products as a stabilizer or to improve the texture,  shall not be considered a dairy product and shall not be labeled or sold as a dairy product or in imitation thereof.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-627 - Brands for butter; labeling of dairy products; restrictions on use

3-627.
Brands for butter;  labeling of dairy products;  restrictions on use
A. The associate director shall issue to each manufacturer of creamery butter within the state,  under such rules as to custody and use as the director may prescribe,  a uniform brand bearing a suitable device or motto,  and the words " Arizona state brand No._____, "  which shall be accorded a different number for each manufacturer and each brand. The brand shall be used on the wrapper and on the outside of every package of butter manufactured in the state from cream. The division shall keep a book in which shall be registered the name,  location and number of each manufacturer and the brand assigned thereto.
B. Any dairy product sold or offered for sale shall be plainly and legibly labeled upon the container thereof as to contents,  grade or class,  name of manufacturer and whether produced within or without the state. Cheese shall bear a label on the cheese itself or on the bandage thereof,  but package cheese,  when dispensed as such,  may be labeled on the package.
C. The weight or measure of any dairy product offered or exposed for sale shall be plainly stamped on the package containing the product or on a tag attached thereto.
D. It is unlawful to use or permit the use of the brand prescribed by this section on butter or on a package or wrapper containing butter from cream manufactured out of the state.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-628 - Misbranding

3-628.
Misbranding
A dairy product not bearing a label as prescribed by this article,  or which displays on a label or by reference,  placard or advertisement,  a symbol,  letter,  figure,  word or combination thereof indicating that the product is of a grade,  class,  quality or composition other than its true grade,  class,  quality or composition,  is misbranded.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-629 - Oleomargarine; sale; representation as butter or milk product prohibited

3-629.
Oleomargarine;  sale;  representation as butter or milk product prohibited
A. It is unlawful to sell or serve oleomargarine or renovated or processed butter in a manner other than prescribed by federal law.
B. No person shall sell or take orders for the delivery of oleomargarine or any substance designed to be used as a substitute for butter or other milk product,  under the name of butter or other milk product,  or under the pretense that it is butter or other milk product.
C. No person shall sell or offer for sale any substance designed to be used as a substitute for butter or other milk product unless it is distinctly labeled at the time of the sale.
D. No person shall use in any manner in connection or association with the sale or advertisement of oleomargarine or other substance designed to be used as a substitute for butter,  the word " butterine, "  " creamery"  or " dairy, "  or the representation of a cow or of any breed of dairy cattle,  or any combination of the words and representations,  or any other word or symbol designed to convey the impression that the substance is a product of milk or cream.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-631 - Restraint of competition prohibited; discrimination against localities prohibited; allowances

3-631.
Restraint of competition prohibited;  discrimination against localities prohibited;  allowances
A person engaged in the business of buying milk,  cream or butterfat,  either by himself or by another,  shall not restrain in any manner open competition in the business,  nor discriminate between different sections of the state by purchasing or offering to purchase milk,  cream or butterfat at a higher price in one locality than that paid or offered for the same commodity by the person in another locality,  but allowance may be made for the difference in the grade or quality of the commodity,  and in the cost of transportation from the place of purchase to the place of manufacture,  sale or storage.
2023 Arizona Revised Statutes › Title 3 - Agriculture › § 3-634 - Violation; classification; injunctive relief; evidence of violation

3-634.
Violation;  classification;  injunctive relief;  evidence of violation
A. A person violating any provision of this article is guilty of a class 2 misdemeanor unless another classification is specifically prescribed in this article.
B. If a person fails or refuses to comply with this article or any rule or order adopted pursuant to this article,  the director may apply to the superior court for a temporary restraining order or preliminary or permanent injunction according to the Arizona rules of civil procedure. A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator.
C. In an action or proceeding arising under this article,  a determination that a manufacturer or distributor has manufactured or disposed of a greater quantity of a given grade of product than has been purchased or otherwise acquired shall be prima facie evidence of a violation of this article.