reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 10 - AGRICULTURAL SAFETY › Section R3-3-1007 - Violations and Civil Penalties

Current through Register Vol. 30, No. 28, July 12, 2024
A. Serious
				violations. The base penalty for any serious violation is $500 and no
				adjustment shall be made for mitigating circumstances. The penalty for a
				violation in which a person is killed or permanently disabled shall be the
				maximum allowed in A.R.S. §§
									3-3113 and
				3-3114.
B. Nonserious violations. The Assistant
				Director shall calculate the base penalty for a nonserious violation and
				determine the civil penalty amount based on the factors prescribed in A.R.S.
				§
									3-3113(I). If
				there are contributing or mitigating circumstances, the points may be adjusted,
				provided the adjustment is documented.
VIOLATION GRAVITY FACTOR
(1 - Lowest; 4 - highest)
VIOLATION
GRAVITY
Central Posting
1 - 2
Training
1 - 4
Decontamination
1 - 4
Personal Protective Equipment
1 - 4
Pesticide Application and Notice
1 - 4
Pesticide Application Restrictions
2 - 4
Other Requirements
1 - 4
C.
				Size-of-business. The Assistant Director shall use:
1. The maximum number of employees at any one
				time during the previous 12 months from the date of notice, including only the
				Arizona branch offices to determine the size business category; or
2. A site-specific employee count, if the
				violation does not endanger employees at other locations of the business;
				or
3. The number of persons trained
				by a trainer during the previous 12 months that violate the training provisions
				of R3-3-1003.
SIZE OF BUSINESS
Size Category
Number of Employees or
(Number of
							 People Trained)
I
1 - 10
II
11 - 75
III
76 - 150
IV
More than 150
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 10 - AGRICULTURAL SAFETY › Section R3-3-1008 - Penalty Adjustments

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Assistant
				Director shall assign an appropriate number of points for each of the following
				five factors to increase the base penalty for a serious violation, or increase
				or decrease the base penalty for a nonserious violation.
1. If the total adjustment points on a
				nonserious violation is less than 9, the base penalty is reduced; if it is more
				than 9, the base penalty is increased.
2. If the total adjustment points on a
				serious violation is 3 or less, the base penalty shall be imposed; if it is
				more than 3, the base penalty is increased.
3. If a violation is a repeated violation, as
				prescribed in
				R3-3-1011 for compliance history, a
				base penalty adjustment factor shall not be used to decrease the penalty.
BASE ADJUSTMENT FACTORS
Pesticide Labeling
Signal word "Danger" with skull and
							 crossbones
5
Signal word "Danger"
4
Signal word "Warning"
3
Signal word "Caution"
2
Indirect relation to the violation
1
Harm to Human
							 Health
Actual Injuries or temporary reversible illness
							 resulting in
9
hospitalization or a variable but limited period of
							 disability
(hospital care greater than 8
							 hours)
Actual Injuries or temporary reversible illness
							 resulting in doctor care (doctor care required, less than 8
							 hours)
6
Minor supportive care only
2 - 4
Consequence potential
1 - 2
No relationship found
0
Compliance History
One or more violations in the previous 12
							 months
4
One or more violations in the previous 24
							 months
3
One or more violations in the previous 36
							 months
1
No violation history
0
Culpability
Knowing or should have known
4
Negligence
2
Neither
0
Good Faith
0 - (-2)
Violation corrected within 14 days
-1
Violation corrected within 7 days
-2
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 10 - AGRICULTURAL SAFETY › Section R3-3-1009 - Failure to Abate

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Director shall
				include in a citation for an alleged violation of this Article a reasonable
				time to abate the violation.
B.
				When a cited person timely files a request for hearing to contest a violation,
				the abatement period does not begin to run until the entry of a final order as
				long as the request for hearing was initiated in good faith and not solely for
				delay or avoidance of penalties. If a person contests only the amount of the
				proposed penalty, the person shall correct the violation within the originally
				prescribed abatement period.
C. If
				the Director has reason to believe the cited person has failed to correct the
				violation within the abatement period, the Di-rector shall notify the person by
				mail of the failure, the proposed penalty, and the right to request a
				hearing.
D. On a showing by a cited
				person of a good faith effort to comply with the abatement requirements of a
				citation and that the abatement has not been completed because of factors
				beyond the person's reasonable control, the Department shall issue an order
				affirming or modifying the abatement requirements in the citation after an
				opportunity for a hearing.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 10 - AGRICULTURAL SAFETY › Section R3-3-1010 - Calculation of Additional Penalties For Unabated Violations

Current through Register Vol. 30, No. 28, July 12, 2024
A. If the Director has reason to believe the
				cited person has failed to correct a serious or nonserious violation within the
				abatement period, the Director shall assess additional civil penalties on the
				cited person as follows:
1. The Director shall
				use R3-3-1007 and
				R3-3-1008 to calculate an
				additional daily penalty for each unabated violation.
2. The additional daily penalty shall neither
				be less than the original penalty for the cited violation or exceed $1,000 per
				day per violation.
3. The
				additional daily penalty shall be multiplied by the number of calendar days the
				violation has continued unabated beyond the abatement
				period.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 10 - AGRICULTURAL SAFETY › Section R3-3-1011 - Repeated or Willful Violations

Current through Register Vol. 30, No. 28, July 12, 2024
A. The penalty
				for a repeated violation shall be calculated as follows:
1. The penalty for a repeated nonserious
				violation shall be doubled for the first repeated violation and tripled if the
				violation has been cited twice before.
2. The penalty for a repeated serious
				violation shall be multiplied five times for the first repeated violation and
				seven times if the violation has been cited twice before.
3. The penalty for a repeated serious
				violation in which someone is disabled or killed shall be multiplied 10 times
				for each repeated violation.
4. A
				repeated violation having no initial penalty shall be assessed for the first
				repeated violation as determined by this Article.
5. The penalty may be multiplied by 10, not
				to exceed the maximum penalty, if it is justified through appropriate
				documentation.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 10 - AGRICULTURAL SAFETY › Section R3-3-1012 - Citation; Posting

Current through Register Vol. 30, No. 28, July 12, 2024
An employer shall post a citation prescribed at A.R.S. §
									3-3110(C)
				   for three days or until the violation is
				  abated, whichever time period is longer.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 11 - ARIZONA NATIVE PLANTS › Section R3-3-1102 - Protected Native Plant Destruction by a Private Landowner

Current through Register Vol. 30, No. 28, July 12, 2024
A. Notice of
				intent.
1. Before a protected native plant is
				destroyed, the private landowner shall provide the following information to the
				Department on a form obtained from the Department:
a. Name, address, and telephone number of the
				landowner;
b. Name, address, and
				telephone number of the landowner's agent, if applicable;
c. Valid documentation indicating land
				ownership, including but not limited to a parcel identification number, tax
				assessment, or deed;
d. Legal
				description, map, address, or other description of the area, including the
				number of acres to be cleared, in which the protected native plants subject to
				the destruction are located;
e.
				Earliest date of plant destruction; and
f. Landowner's intent for the disposal or
				salvage of protected native plants on the land.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 11 - ARIZONA NATIVE PLANTS › Section R3-3-1103 - Disposal and Salvage of Protected Native Plants by a State Agency

Current through Register Vol. 30, No. 28, July 12, 2024
A. A state agency
				intending to remove or destroy protected native plants shall notify the
				Department, under A.R.S. §
									3-905,
				and shall propose a method of disposal from the following list:
1. The plants may be sold at a public
				auction;
2. The plants may be
				relocated or transported to a different location on the same property or to
				another property owned by the state, without obtaining a permit;
3. The plants may be donated to nonprofit
				organizations as provided in A.R.S. §
										3-916;
4. The plants may be donated to another state
				agency or political subdivision, without obtaining a permit; or
5. The plants may be salvaged or harvested by
				a member of the general public or a commercial dealer, if the person holds a
				permit as provided under A.R.S. §
										3-906
				or
				3-907.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 11 - ARIZONA NATIVE PLANTS › Section R3-3-1104 - Protected Native Plant Permits; Tags; Seals; Fees

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person shall not collect, transport,
				possess, sell, offer for sale, dispose, or salvage protected native plants
				unless that person is 18 years of age or older and possesses an appropriate
				permit.
B. An applicant shall
				submit the following information to the Department on a form obtained from the
				Department, as applicable:
1. Name, business
				name, address, telephone number, Social Security number or tax identification
				number, and signature of the applicant;
2. Name and number of plants to be
				removed;
3. Purpose of the plant
				removal;
4. Whether the applicant
				has a conviction for a violation of a state or federal statute regarding the
				protection of native plants within the previous five years;
5. Except for salvage assessed native plants;
a. Name, address, telephone number, and
				signature of the landowner;
b.
				Location of the permitted site and size of acreage;
c. Destination address where the plants will
				be transplanted;
d. Legal and
				physical description of the location of the original growing site;
				and
e. Parcel identification number
				for the permitted site or other documents proving land ownership.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 11 - ARIZONA NATIVE PLANTS › Section R3-3-1105 - Scientific Permits; Noncommercial Salvage Permits

Current through Register Vol. 30, No. 28, July 12, 2024
A. Scientific Permit
1. A person shall not collect any highly
				safeguarded or other protected native plants for a research project unless that
				person holds a scientific permit.
2. An applicant shall submit the following
				information to the Department on a form obtained from the Department:
a. Name, address, and telephone number of the
				company or research facility applying for the permit;
b. Name, title and experience of the person
				conducting the research project;
c.
				Purpose and intent of the research project;
d. Controls to be used;
e. Variables to be considered;
f. Time-frame for the project;
g. Anticipated results and plans for
				publication;
h. Reports and
				recordkeeping that will be used to monitor the project;
i. Project funding source;
j. Funding of the company or research
				facility;
k. Written authorization
				from the landowner for collection of the plants;
l. Date of the application;
m. Signed affirmation by the applicant that
				the plants collected will not be sold or used for personal interests;
				and
n. Tax identification number,
				or if applicant is an individual, a Social Security number.
3. A scientific permit shall be
				issued if the applicant provides documentation that demonstrates the following:
a. A plan, pre-approved by the landowner, to
				restore the removal site to a natural appearance;
b. The removal and movement of the native
				plants shall be accomplished by a person experienced in native plant removal
				and transplantation;
c. The native
				plants used in the project shall remain accessible to the Department;
d. The ecology of the project site is
				beneficial to the growth of the specific plants in the project if
				practical;
e. Arrangements exist
				for a suitable permanent planting site for the surviving plants after the
				project's completion; and
f.
				Description of plant disposition and research hypothesis.
4. A scientific permit is valid for the
				calendar year in which it is issued.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 11 - ARIZONA NATIVE PLANTS › Section R3-3-1106 - Protected Native Plant Survey; Fee

Current through Register Vol. 30, No. 28, July 12, 2024
A. Upon request, the Department may conduct a
				native plant survey. Upon completion, the Department shall notify the
				individual who made the request of:
1. The
				date the survey was performed;
2.
				The amount of the survey fee payable to the Department;
3. The name of Department personnel
				performing the survey;
4. Upon
				payment, the survey results including the names and numbers of protected native
				plants.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 11 - ARIZONA NATIVE PLANTS › Section R3-3-1107 - Movement Permits; Tags, Seals, and Cord Use

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any person moving a protected native
				plant, except a saguaro cactus, previously transplanted from its original
				growing site in Arizona and transplanting it to another location shall apply to
				the Department for a Movement Permit. The landowner from where the plant is
				being moved shall provide the following information on the permit application:
1. The name, telephone number, and signature
				of the landowner;
2. The location
				of the plant;
3. The name, address,
				and telephone number of the receiver;
4. The name, address, and telephone number of
				the carrier;
5. The number,
				species, and description of the plant being removed;
6. The tax parcel identification number;
				and
7. The date of the
				application.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 11 - ARIZONA NATIVE PLANTS › Section R3-3-1108 - Recordkeeping; Salvage Assessed and Harvest Restricted Native Plants

Current through Register Vol. 30, No. 28, July 12, 2024
A. Salvage Assessed
				Native Plants.
1. A permittee shall maintain
				a record of each protected native plant removed under an annual permit for two
				years from the date of each transaction and allow Department inspection of the
				records during normal business hours. The transaction record shall include the
				date salvage restricted protected native plants were removed and the permit and
				tag numbers.
2. Annually, by
				January 31, a permittee shall submit to the Department a copy of each
				transaction record for the prior calendar year.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 11 - ARIZONA NATIVE PLANTS › Section R3-3-1109 - Arizona Native Plant Law Education

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department may schedule seminars and
				training courses on an as-needed basis.
B. In addition to the following fees, charges
				for printed materials or pamphlets shall be assessed based upon printing and
				mailing costs:
1. A person attending a
				seminar or training course on Arizona native plant law shall pay a
				nonrefundable fee of $10 to the Department before attending the
				class.
2. A person convicted of
				violating Arizona native plant laws and ordered by a court to attend a native
				plant educational class shall pay a nonrefundable fee of $25 to the Department
				before attending the class. The Department shall provide written confirmation
				of satisfactory completion to a person ordered by a court to attend a
				class.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 3 - DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION › Article 11 - ARIZONA NATIVE PLANTS › Section R3-3-1110 - Permit Denial

Current through Register Vol. 30, No. 28, July 12, 2024
Upon notice of denial of a permit, an applicant may request,
				  in writing, that the Department provide an administrative hearing under A.R.S.
				  Title 41, Chapter 6, Article 10, to appeal the denial.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 1 - GENERAL PROVISIONS › Section R3-4-102 - Licensing Time-frames

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Overall time-frame. The Department shall issue or deny a license within the
				overall time-frames listed in Table 1 after receipt of the complete
				application. The overall time-frame is the total of the number of days provided
				for the administrative completeness review and the substantive
				review.
B. Administrative
				completeness review.
1. The administrative
				completeness review time-frame established in Table 1 begins on the date the
				Department receives the application. The Department shall notify the applicant
				in writing within the administrative completeness review time-frame whether the
				application or request is incomplete. The notice shall specify what information
				is missing. If the Department does not provide notice to the applicant within
				the administrative completeness review time-frame, the Department considers the
				application complete.
2. An
				applicant with an incomplete license application shall supply the missing
				information within the completion request period established in Table 1. The
				administrative completeness review time-frame is suspended from the date the
				Department mails the notice of missing information to the applicant until the
				date the Department receives the information.
3. If the applicant fails to submit the
				missing information before the expiration of the completion request period, the
				Department shall close the file, unless the applicant requests an extension. An
				applicant whose file has been closed may obtain a license by submitting a new
				application.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 1 - GENERAL PROVISIONS › Table 1 - Time-frames (Calendar Days)

Current through Register Vol. 30, No. 28, July 12, 2024
License
Authority
Administrative Completeness
							 Review
Response to Completion Request
Substantive Completeness Review
Response to Additional
							 Information
Overall Time-frame
QUARANTINE
Plant and Crop Safeguards, Inspection, and
							 Certification
R3-4-203
14
14
30
30
44
Boll Weevil and Pink Boll-worm
R3-4-204(D)
14
14
30
30
44
Small-Grain Crop Approval
R3-4-204(E)(4)(b)
14
14
30
30
44
Boll Weevil and Pink Boll-worm
R3-4-218
14
14
30
30
44
Lettuce Mosaic
R3-4-233
14
14
30
30
44
Noxious Weeds
R3-4-245
14
14
30
30
44
Colored Cotton
A.R.S. § 3-205.02
							 R3-4-501
14
0
0
0
14
NURSERY
General Nursery Stock Inspection
R3-4-301(B)
30
14
1yr
14
1yr, 30 days
Special Nursery Stock Inspection: Ozonium Root
							 Rot
* Method of Growing
New Renewal
* Indicator Crop Planted on Applicant's
							 Property
R3-4-301(C)
7
7
7
14
14
14
60
30
4yrs
14
14
14
67
37
4yrs, 7 days
Special Nursery Stock Inspection: Rose Mosaic
R3-4-301(C)
7
14
180
14
187
Special Nursery Stock Inspection: Brown Garden
							 Snail
R3-4-301(C)
7
14
30
14
37
Special Nursery Stock Inspection: Other
R3-4-301(C)
7
14
30
14
37
Phytosanitary Field Inspection
A.R.S. § 3-233(A)(7)
							 R3-4-407
30
7
210
7
240
STANDARDIZATION
Experimental Pack and Product for Fruit and
							 Vegetables
A.R.S. § 3-487
							 R3-4-740
7
7
7
7
14
Experimental Pack and Product for Citrus Fruit
A.R.S. § 3-445
							 R3-4-814
7
7
7
7
14
Citrus Fruit Dealer, Packer, or Shipper
							 License
A.R.S. §
													3-449
14
14
14
14
28
Fruit and Vegetable Dealer, Packer, or Shipper
							 License
A.R.S. §
													3-492
14
14
14
14
28
SEED DEALERS AND LABELERS
Seed Dealer
A.R.S. § 3-235
							 R3-4-408
14
14
14
14
28
Seed Labeler
A.R.S. § 3-235
							 R3-4-408
14
14
14
14
28
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 2 - QUARANTINE › Section R3-4-202 - Domestic Importation

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any
				commodity shipped or transported into the state shall be made available for
				inspection if required to determine whether the commodity is free of all live
				pests subject to federal and state laws and rules.
B. Restrictions.
1. Prior to or upon delivery, a shipper,
				consignor, or broker of a commodity, regulated or otherwise, (excluding
				processed products) which is shipped into the state must provide the receiver
				with a bill of lading, manifest, or other similar documentation that indicates:
a. The contact information of the consignor
				and consignee;
b. The contents of
				the shipment; and
c. The origin of
				the commodity.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 2 - QUARANTINE › Section R3-4-203 - Plant and Crop Safeguards, Inspection, and Certification

Current through Register Vol. 30, No. 28, July 12, 2024
A. Definitions.
				In addition to the definitions provided in A.R.S. § 3-201,
				R3-4-101 and
				R3-4-201, the following terms apply
				to this Section:
1. "Actionable arthropod
				pest" means any arthropod pest that the Associate Director has determined to be
				an imminent threat to agriculture and horticulture within the state. Table 2,
				Actionable Arthropod Pests includes, but is not limited to, arthropod pests
				that would require immediate action and are prohibited from entry into the
				state.
2. "Actionable nematode
				pest" means any nematode pest that the Associate Director has determined to be
				an imminent threat to agriculture and horticulture within the state. Table 3,
				Actionable Nematode Pests includes, but is not limited to, nematode pests that
				would require immediate action and are prohibited from entry into the
				state.
3. "Pest Management Program"
				means any state or federally recognized program designed for the prevention,
				monitoring, and control of an actionable arthropod pest or actionable nematode
				pest. Based on a targeted management (Integrated Pest Management) or holistic
				approach (Total Systems Approach Program) that incorporates best management
				practices, monitoring, cultivation practices, cultural controls, treatment
				programs and/or pest resistant plant varieties, cultivars or hybrids for the
				control of any live life stages of an actionable arthropod pest or actionable
				nematode pest associated with the commodity, with a zero pest presence
				tolerance.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 2 - QUARANTINE › Section R3-4-204 - Cotton Pest Management: Interior

Current through Register Vol. 30, No. 28, July 12, 2024
A. Definitions. The following terms apply to
				this Section:
1. "Crop remnant" means the
				stalks, leaves, bolls, lint, pods, and seeds of cotton;
2. "Stub cotton" means cotton stalks of a
				previous crop that begin to show signs of growth;
3. "Volunteer cotton" means a sprout from
				seed of a previous crop.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 2 - QUARANTINE › Section R3-4-218 - Boll Weevil Pest: Exterior Quarantine

Current through Register Vol. 30, No. 28, July 12, 2024
A. Definitions. In addition to the
				definitions provided in A.R.S. §
									3-201, A.A.C.
				R3-4-101 and
				R3-4-201, the
				following terms apply to this Section:
1.
				"Cotton appliance" means a container used in handling cotton, including sacks,
				bags, tarps, boxes, crates, and machinery used in planting, harvesting and
				transporting cotton.
2. "Cotton
				lint" means the remnant produced when cottonseed is processed in a
				gin.
3. "Cottonseed" means a seed derived from cotton
				plants which is destined for propagation or other use.
4.
				"Fumigation certificate" means a quarantine compliance certificate that
				specifies the fumigation chemical used, the treatment schedule, and the
				commodity treated.
5. "Hibiscus" means all parts of
Hibiscus
spp.
6. "Pest" means the
				following, notwithstanding the definition in A.R.S. §
										3-201:
a. Boll weevil,
Anthonomus
				grandis
(Boheman).
7.
				"Spanish moss" means all parts of
Tillandsia
				usneoides
.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 2 - QUARANTINE › Section R3-4-220 - Citrus Nursery Stock Pests

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Definitions. In addition to the definitions provided in A.R.S. §
									3-201, A.A.C.
				R3-4-101 and
				R3-4-201, the
				following terms apply to this Section:
1.
				"Diseases" means any of the following diseases, notwithstanding the definition
				in A.R.S. §
										3-201:
a. Citrus Cachexia (CCaVd),
b. Citrus Exocortis Virus (CEVd),
c. Citrus Psorosis Virus (CPsV),
d. Citrus Tristeza Virus (CTV), or
e. Citrus greening disease (HLB), Candidatus
Liberibacter asiaticus
.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 2 - QUARANTINE › Section R3-4-229 - Nut Tree Pests

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Definitions. In addition to the definitions provided in A.R.S. §
									3-201, A.A.C.
				R3-4-101 and
				R3-4-201, the
				following terms apply to this Section:
1.
				"Brooming" means a phytoplasma disease that drastically reduces nut production
				and sometimes causes death of the host tree.
2. "Pest" means any of the following,
				notwithstanding the definition in A.R.S. §
										3-201:
a. Pecan leaf casebearer,
Acrobasis
				juglandis
;
b. Pecan nut
				casebearer,
Acrobasis nuxvorella
;
c. Pecan phylloxera,
Phylloxera
				notabilis
; and
d. The
				phytoplasma disease that causes brooming disease of walnut.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 2 - QUARANTINE › Section R3-4-231 - Nut Pests

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Definitions. In addition to the definitions provided in A.R.S. §
									3-201 and A.A.C.
				R3-4-101 and
				R3-4-201, the
				following term applies to this Section:
"Pest" means any of the following, notwithstanding the
				  definition in A.R.S. §
										3-201:
1. Pecan weevil, C
urculio
				caryae
;
2. Butternut
				curculio,
Conotrachelus juglandis
;
3. Black walnut curculio,
Conotrachelus retentus
;
4. Hickory shuckworm,
Cydia
				caryana.
"Sticktights" means the remnant husks and/or debris that
				  remain on an in-shell nut after the cleaning process.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 2 - QUARANTINE › Section R3-4-233 - Lettuce Mosaic Virus

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Definitions. In addition to the definitions provided in
				R3-4-101, the
				following terms apply to this Section:
1.
				"Breeder seed" means unindexed lettuce seed that a lettuce breeder or
				researcher controls, and that is not available for commercial sale or
				propagation.
2. "Breeder trial"
				means breeder seed grown to develop a new variety of lettuce.
3. "Mosaic-indexed" means that a laboratory
				tested at least 30,000 lettuce seeds from a seed lot and found that all sampled
				seeds were determined to be free from lettuce mosaic virus.
4. "Pest" means lettuce mosaic
				virus.
5. "Unindexed lettuce seed"
				means lettuce seed that is not mosaic-indexed.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 2 - QUARANTINE › Section R3-4-239 - Imported Fire Ants

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Definitions.
"Pest" means any species of imported fire ants, including
Solenopsis invicta
and
Solenopsis richteri
,
				  notwithstanding the definition in A.R.S. §
									3-201.
B. Area under quarantine. A state or portion
				of a state listed in
				7 CFR 301.81-3,
				57 FR 57327, December 4, 1992, Federal Domestic Order DA-2018-11, April 17,
				2018, and any area a state declares infested. This material is incorporated by
				reference, on file with the Department and the Office of the Secretary State,
				and does not include any later amendments or editions.
C. Regulated commodities.
1. Soil, separately or with other articles,
				except potting soil shipped in an original container in which the potting soil
				is packaged after commercial preparation; and
2. All plants associated with soil, except:
a. Plants that are maintained indoors
				year-round, and are not for sale; and
b. Plants shipped bare-root and free of
				soil.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 2 - QUARANTINE › Section R3-4-241 - Palm Pests

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Definitions. In addition to the definitions provided in A.R.S. §
									3-201, A.A.C.
				R3-4-101 and R3-4-01,
				the following term applies to this Section:
"Pest" means, notwithstanding the definition in A.R.S. §
										3-201:
1.
Candidatus
Phytoplasma
				palmae subgroup 16SrIV, strain A (Lethal yellowing);
2.
Candidatus
Phytoplasma
				16SrIV-D (Texas Phoenix palm decline);
3.
Fusarium oxysporum
f. sp.
palmarum
(Fusarium wilt of queen and Mexican fan palm);
				or
4.
Myndus crudus
, a planthopper that
				vectors the pest defined in (A)(1) and (2).
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 2 - QUARANTINE › Section R3-4-245 - Noxious Weeds

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Definitions. In addition to the definitions provided in A.R.S. §
									3-201, A.A.C.
				R3-4-101 and
				R3-4-201, the
				following apply to this Section:
1. "Class A Noxious Weed" is categorized as a
				species of plant that is not known to exist or of limited distribution in the
				State and is a high priority pest for quarantine, control, or mitigation, Class
				A noxious weeds are listed in Table 4.
2. "Class B Noxious Weed" is categorized as a
				species of plant that is known to occur, but of limited distribution in the
				State and may be a high priority pest for quarantine, control or mitigation if
				a significant threat to a crop, commodity, or habitat is known to exist. Class
				B noxious weeds are listed in Table 5.
3. "Class C Noxious Weed" is categorized as a
				species of plant that is widespread but may be recommended for active control
				based on risk assessment. Class C noxious weeds are listed in Table 6.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 2 - QUARANTINE › Section R3-4-248 - Japanese beetle

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Definitions. In addition to the definitions provided in A.R.S. §
									3-201, A.A.C.
				R3-4-101 and
				R3-4-201, the
				following apply to this Section:
1. "Host
				commodities" means the commodities listed in the JBHP, Appendix 6.
2. "JBHP" means the U.S. Domestic Japanese
				Beetle Harmonization Plan, adopted by the National Plant Board on August 19,
				1998, and revised June 20, 2016.
3.
				"Pest" means the Japanese beetle,
Popillia japonica
,
				notwithstanding the definition in A.R.S. §
										3-201.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 2 - QUARANTINE › Table 3 - Actionable Nematode Pests

Current through Register Vol. 30, No. 28, July 12, 2024
Common Name
Scientific Name
Burrowing nematode
Radopholus similis
Golden nematode
Globodera rostochiensis
Oat cyst nematode
Heterodera avenae
Reniform nematode
Rotylenchulus reniformis
Sheath nematode
Hemicycliophora arenaria
Soybean cyst nematode
Heterodera glycines
Sting nematode
Belonolaimus
							 longicaudatus
White cyst potato nematode
Globodera pallida
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 2 - QUARANTINE › Table 3 - Actionable Nematode Pests

Current through Register Vol. 30, No. 28, July 12, 2024
Common Name
Scientific Name
Burrowing nematode
Radopholus similis
Cobb's awl nematode
Dolichodorus
							 heterocephalus
European dagger nematode
Xiphinema
							 diversicaudatum
Golden nematode
Globodera rostochiensis
Oat cyst nematode
Heterodera avenae
Reniform nematode
Rotylenchulus reniformis
Sheath nematode
Hemicycliophora arenaria
Soybean cyst nematode
Heterodera glycines
Sting nematode
Belonolaimus
							 longicaudatus
White cyst potato nematode
Globodera pallida
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 2 - QUARANTINE › Table 4 - Class A Noxious Weeds

Current through Register Vol. 30, No. 28, July 12, 2024
Common Name
Scientific Name
African rue
Peganum harmala
Canada thistle
Cirsium arvense
Dudaim melon
Cucumis melo v. Dudaim
							 Naudin
Dyer's woad
Isatis tinctoria
Floating water hyacinth
Eichhornia crassipes
Giant salvinia
Salvinia molesta
Globe-podded hoary cress
Lepidium (Cardaria)
							 draba
Hydrilla
Hydrilla verticillata
Leafy spurge
Euphorbia esula
Plumeless thistle
Carduus acanthoides
Purple loosestrife
Lythrum salicaria
Purple starthistle
Centaurea calcitrapa
Quackgrass
Elymus repens (Elytrigia
							 repens)
Rush skeletonweed
Chondrilla juncea
Southern sandbur
Cenchrus echinatus
Spotted knapweed
Centaurea stoebe ssp.
							 micranthos
Sweet resinbush
Euryops subcarnosus
Ward's weed
Carrichtera annua
Wild mustard
Sinapis arvensis
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 2 - QUARANTINE › Table 5 - Class B Noxious Weeds

Current through Register Vol. 30, No. 28, July 12, 2024
Common name
Scientific name
African sumac
Searsia lancea
Black mustard
Brassica nigra
Branched broomrape
Orobanche ramosa
Bull thistle
Cirsium vulgare
Camelthorn
Alhagi maurorum (A.
							 pseudalhagi)
Dalmatian toadflax
Linaria dalmatica (L genistifolia v.
							 dalmatica)
Diffuse knapweed
Centaurea diffusa
Field sandbur
Cenchrus spinifex (synonym: C.
							 incertus)
Giant reed
Arundo donax
Halogeton
Halogeton glomeratus
Jointed goatgrass
Aegilops cylindrica
Malta starthistle
Centaurea melitensis
Musk thistle
Carduus nutans
Natal grass
Melinis repens
Onionweed
Asphodelus fistulosus
Ripgut brome
Bromus diandrus
Russian knapweed
Acroptilon repens
Russian olive
Elaeagnus angustifolia
Saharan mustard
Brassica tournefortii
Siberian elm
Ulmus pumila
Stinknet (Globe chamomile)
Oncosiphon pilulifer (O.
							 piluliferum)
Scotch thistle
Onopordum acanthium
Yellow bluestem
Bothriochloa ischaemum
Yellow starthistle
Centaurea solstitialis
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 2 - QUARANTINE › Table 6 - Class C Noxious Weeds

Current through Register Vol. 30, No. 28, July 12, 2024
Common name
Scientific name
Buffelgrass
Cenchrus ciliaris (Pennisetum
							 ciliare)
Cheatgrass
Bromus tectorum
Field bindweed
Convolvulus arvensis
Fountain grass
Pennisetum setaceum
Garden or common morning glory
Ipomoea purpurea
Grannyvine
Ipomoea tricolor
Ivy-leaf morning glory
Ipomoea hederacea
Johnsongrass
Sorghum halepense
Kochia
Kochia scoparia
Lehman's lovegrass
Eragrostis lehmanniana
Morning glory
Ipomoea triloba
Morning glory
Ipomoea x leucantha
Puncturevine
Tribulus terrestris
Red brome
Bromus rubens
Salt cedar
Tamarix
spp.
Siberian elm
Ulmus pumila
Tree of heaven
Ailanthus altissima
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 4 - SEEDS › Section R3-4-401 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions provided in A.R.S. §
									3-231, the following shall apply to
				  this Article:
1. "Blend" means seed
				consisting of more than one variety of a kind, with each variety in excess of
				five percent by weight of the whole.
2. "Brand" means a word, name, symbol,
				number, or design used to identify seed of one person to distinguish it from
				seed of another person.
3.
				"Certifying agency" means:
a. An agency
				authorized under the laws of this state to officially certify seed and that has
				standards and procedures approved by the U.S. Secretary of Agriculture to
				assure the varietal purity and identity of the seed certified, or
b. An agency of a foreign country determined
				by the U.S. Secretary of Agriculture to adhere to procedures and standards for
				seed certification comparable to the procedures and standards adhered to
				generally by seed-certifying agencies under subsection (a) of this
				definition.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 4 - SEEDS › Section R3-4-404 - Germination Standards

Current through Register Vol. 30, No. 28, July 12, 2024
A. Vegetable
				seed shall have the following minimum percent germination or the minimum
				percent germination as found in the "Federal Seed Act,"7 C.F.R. §
										201.31 (as amended July 7, 2020), which is
				incorporated by reference, not including future editions or amendments. The
				material is on file with the Department and available for purchase from the U.
				S. Government Bookstore (
http://bookstore.gpo.gov/
) or at the
				U.S. Government Printing Office, 732 N. Capitol St., NW, Washington, DC 20401
				or it can be found online at
https://www.ecfr.gov/current/title-7/section-201.31
.
1. Artichoke: 60;
2. Asparagus: 70;
3 Asparagusbean: 75;
4. Bean, garden: 70;
5. Bean, Lima: 70;
6. Bean, runner: 75;
7. Beet: 65;
8. Broadbean: 75;
9. Broccoli: 75;
10. Brussels sprouts: 70;
11. Burdock, great: 60;
12. Cabbage: 75;
13. Cabbage, tronchuda: 70;
14. Cardoon: 60;
15. Carrot: 55;
16. Cauliflower: 75;
17. Celeriac: 55;
18. Celery: 55;
19. Chard, Swiss: 65;
20. Chicory: 65;
21. Chinese cabbage: 75;
22. Chives: 50;
23. Citron: 65;
24. Collards: 80;
25. Corn, sweet: 75;
26. Cornsalad: 70;
27. Cowpea: 75;
28. Cress, garden: 75;
29. Cress, upland: 60;
30. Cress, water: 40;
31. Cucumber: 80;
32. Dandelion: 60;
33. Dill: 60;
34. Eggplant: 60;
35. Endive: 70;
36. Kale: 75;
37. Kale, Chinese: 75;
38. Kale, Siberian: 75;
39. Kohlrabi: 75;
40. Leek: 60;
41. Lettuce: 80;
42. Melon: 75;
43. Mustard, India:75;
44. Mustard, spinach: 75;
45. Okra: 50;
46. Onion: 70;
47. Onion, Welsh: 70;
48. Pak-choi: 75;
49. Parsley: 60;
50. Parsnip: 60;
51. Pea: 80;
52. Pepper: 55;
53. Pumpkin: 75;
54. Radish: 75;
55. Rhubarb: 60;
56. Rutabaga: 75;
57. Sage: 60;
58. Salsify: 75;
59. Savory, summer: 55;
60. Sorrel: 65;
61. Soybean: 75;
62. Spinach: 60;
63. Spinach, New Zealand: 40;
64. Squash: 75;
65. Tomato: 75;
66. Tomato, husk: 50;
67. Turnip: 80;
68. Watermelon: 70; and
69. All Others: The germination standard for
				all other vegetable and herb seed for which a standard has not been established
				shall be 50 percent.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 4 - SEEDS › Section R3-4-405 - Seed-certifying Agencies

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any
				agency seeking to obtain designation as a seed-certifying agency in Arizona
				shall meet the following requirements.
1. The
				agency shall be qualified by USDA to certify agricultural or vegetable planting
				seed as to variety, strain, and genetic purity.
2. The agency shall have a written seed
				certification protocol which includes standards, rules, and procedures for the
				certification of planting seed.
3.
				The agency shall have procedures for accepting crops and varieties into a
				certification program.
4. The
				agency shall be a member in good standing of a USDA-recognized association of
				official seed-certifying agencies such as the Association of Official Seed
				Certifying Agencies.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 4 - SEEDS › Section R3-4-406 - Sampling and Analyzing Seed

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person
				shall follow the methods of taking, handling, analyzing, and testing samples of
				seed and the tolerances and methods of determination as prescribed in the
				Federal Seed Act Regulations, 7 C.F.R. §§
										201.39
				through 201.65 (as amended July 7, 2022,
https://www.ecfr.gov/current/title-7/part-201
),
				and in the Rules for Testing Seeds, 2017, published by the Association of
				Official Seed Analysts. This material is incorporated by reference and is on
				file with the Department. The materials incorporated by reference do not
				include any later amendments or editions. The Rules for Testing Seeds are also
				available through the web site:
http://www.aosaseed.com
. The CFR may be
				ordered from the Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA,
				15250-7954 and the Rules for Testing Seeds may be ordered from the AOSA
				Management Office, Mail Boxes Etc. #285, 601 S. Washington, Stillwater, OK
				74074-4539. If there is a conflict between the two documents, the requirements
				in CFR will prevail.
B. A labeler
				offering a seed for sale shall pay the cost of original germination and purity
				tests on each lot of seed offered for sale, and a dealer or labeler shall pay
				the cost of any subsequent germination test required by A.R.S. §
									3-237. The Department shall pay the
				cost of testing seed samples drawn by a seed inspector from lots bearing valid
				labels. The dealer or labeler shall reimburse the Department for the cost of
				the test if the dealer or labeler chooses to use the Department's germination
				and purity results in subsequent re-labeling.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 4 - SEEDS › Section R3-4-407 - Phytosanitary Field Inspection; Fee

Current through Register Vol. 30, No. 28, July 12, 2024
A. Applicants seeking phytosanitary
				certification for interstate and international exportation of agriculture,
				vegetable, and ornamental planting seed shall submit a $20.00 inspection fee
				and provide the following information on a form furnished by the Department:
1. The company name and address of the
				applicant;
2. The kind, variety,
				and lot number of the seed;
3. The
				number of acres on which the seed will be grown;
4. The name of the grower;
5. The county and field location;
6. The date of the application;
7. The countries of export;
8. The seed treatment, if
				applicable;
9. The amount of
				treatment, if applicable;
10. The
				approximate planting date;
11. The
				approximate harvest date; and
12.
				The export requirements.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 4 - SEEDS › Section R3-4-408 - Licenses: Seed Dealer and Seed Labeler; Fees

Current through Register Vol. 30, No. 28, July 12, 2024
A. An applicant
				for a seed dealer or seed labeler license shall provide the following to the
				Department:
1. The year for which the
				applicant wishes to be licensed;
2.
				The applicant's name, company name, telephone number, fax number and e-mail
				address, as applicable;
3.
				Verification of previous seed dealer or labeler license, if
				applicable;
4. The mailing and
				physical address of each business location being licensed;
5. Company Tax ID number or if not a
				legally-recognized business entity, the applicant's Social Security
				number;
6. The date of the
				application; and
7. The signature
				of the applicant.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 4 - SEEDS › Section R3-4-409 - Violations and Penalties

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Department may assess the following penalties against a dealer or labeler for
				each customer affected by a violation listed below: $50 for the first offense,
				$150 for the second offense, and $300 for each subsequent offense within a
				three-year period:
1. Failure to complete the
				germination requirements on agricultural, vegetable, or flower seed intended
				for wholesale or commercial use within nine months prior to sale, exposing for
				sale, or offering for sale within the state, excluding the month in which the
				test was completed. This penalty does not apply to a violation under
				subsections (A)(2), or (3);
2.
				Failure to complete the germination requirements for agricultural, ornamental,
				or vegetable seed intended for retail purchase within the 15 months prior to
				the sale, exposing for sale, or offering for sale within the state, excluding
				the month in which the test was completed; and
3. Failure to obtain any license required by
				this Article;