reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 5 - COLORED COTTON › Section R3-4-501 - Colored Cotton Production and Processing

Current through Register Vol. 30, No. 28, July 12, 2024
A. Definitions. In addition to the
				definitions provided in A.R.S. §
									3-101 and A.A.C.
				R3-4-101 and
				R3-4-201, the
				following terms apply to this Section:
1.
				"Certified" means having been inspected with a written certificate of
				inspection issued by an inspector of the Department.
2. "Colored cotton" means any variety of
				cotton plants of the Genus
Gossypium
that produces fiber that
				is naturally any color other than white.
3. "Cottonseed" means processed seed cotton
				used for propagation, animal feed, crushed or composted fertilizer, or
				oil.
4. "Composting" means a
				process that creates conditions that facilitate the controlled decomposition of
				organic matter into a more stable and easily handled soil amendment or
				fertilizer, usually by piling, aerating and moistening; or the product of such
				a process.
5. "Delinting" means the
				process of using acid, flame, or mechanical means to remove fiber that remains
				on cottonseed after ginning.
6.
				"Planting seed" means seed of a known variety produced for planting subsequent
				generations.
7. "Seed cotton" means
				raw cotton containing seed and lint that has been harvested from a field, but
				has not been ginned.
8. "White
				cotton" means any variety of the Genus
Gossypium
that produces
				white fiber as established in
				7 C.F.R. §§
											28.401 through
				28.407; and
				the U.S. Department of Agriculture, Agriculture Marketing Service: Cotton
				Classification, revised April, 2005. This material is incorporated by
				reference, does not include any later amendments or editions of the
				incorporated matter, and is on file with the Office of the Secretary of
				State.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 7 - FRUIT AND VEGETABLE STANDARDIZATION › Section R3-4-743 - Recordkeeping and Reporting Requirements for Fruit and Vegetable Shippers

Current through Register Vol. 30, No. 28, July 12, 2024
A. Every shipper
				shall keep a correct record of each shipment of each assessed commodity
				shipped, showing:
1. The name and address of
				each producer;
2. The shipment
				totals, by producer.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 8 - CITRUS FRUIT STANDARDIZATION › Section R3-4-816 - Recordkeeping and Reporting Requirements for Citrus Fruit Shippers

Current through Register Vol. 30, No. 28, July 12, 2024
A. Every shipper
				shall keep a correct record of each shipment of each assessed citrus commodity
				shipped, showing:
1. The name and address of
				the producer;
2. The shipment
				totals, by producer.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 9 - BIOTECHNOLOGY › Section R3-4-901 - Genetically Engineered Organisms and Products

Current through Register Vol. 30, No. 28, July 12, 2024
A. Definitions. In addition to the
				definitions provided in A.R.S. §
									3-101, the following
				shall apply:
1. "Associate Director" means
				the Associate Director of the Plant Services Division of the Arizona Department
				of Agriculture.
2. "Genetically
				engineered" means the genetic modification of organisms by recombinant DNA
				techniques, including genetic combinations resulting in novel organisms or
				genetic combinations that would not naturally occur.
3. "Organisms" means any active, infective,
				or dormant stage or life form of any entity characterized as living, including
				vertebrate and invertebrate animals, plants, bacteria, fungi, mycoplasms,
				mycoplasma-like organisms, as well as entities such as viroid, viruses, or any
				entity characterized as living related to the foregoing.
4. "Permit" means an application which has
				been approved by USDA and the Department.
5. "Permit application" means an application
				filed with USDA, which may be supplemented with requirements from the
				Department, for the introduction of genetically engineered organisms and
				products, as provided by 7 CFR 340, revised June 16, 1987. The material
				incorporated herein by reference is on file with the Office of the Secretary of
				State and does not include any later amendments or editions of the incorporated
				matter.
6. "Product" means plant
				reproductive parts including pollen, seeds, and fruit, spores, or
				eggs.
7. "USDA" means the United
				States Department of Agriculture, Animal and Plant Health Inspection Service,
				Plant Protection and Quarantine (USDA, APHIS, PPQ).
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 10 - INDUSTRIAL HEMP › Section R3-4-1002 - Program Eligibility

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Eligibility requirements. Unless otherwise determined to be ineligible under
				this Article and not withstanding any other law, a person or responsible party
				that applies for a program license or registration shall:
1. Possess a valid fingerprint clearance card
				issued by the Arizona Department of Public Safety pursuant to A.R.S. §
										41-1758.07.
a. Applicants who have had a felony narcotics
				conviction within 10 years of the date of application shall not be granted a
				good cause exception under A.R.S. §
											41-1758.07.
b. Applicants who have had a felony narcotics
				conviction prior to December 11, 2018; and that participated in an agricultural
				pilot program for the purpose of research into the growth, cultivation and
				marketing of industrial hemp as authorized by
				7 U.S.C. §
												5940 (agricultural act of 2014
				PL 113-79;
				128 Stat. 656, eff. January 5, 2015,
https://www.congress.gov/bill/113th-congress/house-bill/2642/text
)
				may petition the State for an exception to the eligibility exclusion in
				subsection R3-4-1002(A)(1)(a). The rule does not include any later amendments
				or editions of the incorporated matter.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 10 - INDUSTRIAL HEMP › Section R3-4-1003 - Licenses; Applications; Renewals; Withdrawal

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any person that grows, harvests,
				transports, or processes industrial hemp in any of the following categories
				shall obtain the appropriate license from the Department and shall abide by the
				terms and conditions set forth in the licensing agreement with the Department.
				Types of licenses include:
1. Grower - An
				authorized grower license shall allow the licensee to obtain seed or
				propagative materials pursuant to this Article for planting, possess authorized
				seed and propagative materials for planting, cultivate the crop, harvest plant
				parts, possess and store harvested plant parts, and transport plant parts for
				processing.
2. Nursery - An
				authorized nursery license shall allow the licensee to propagate eligible seed
				and propagative materials for planting for a licensed grower. A licensed
				nursery shall not grow industrial hemp for harvesting purposes, unless also
				licensed with the Department as a grower.
3. Harvester - An authorized harvester
				license shall allow the licensee to engage in the activity of harvesting an
				eligible industrial hemp crop for a licensed grower.
4. Transporter - An authorized transporter
				license shall allow the licensee to engage in the transport of a harvested
				industrial hemp crop for a licensed grower.
5. Processor - An authorized processor
				license shall allow the licensee to engage in the processing, handling, and
				storage of industrial hemp or hemp seed at one or more authorized locations in
				the state. The licensee may sell, distribute, transfer, or gift any products
				processed from harvested hemp that is not restricted in section
				R3-4-1012
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 10 - INDUSTRIAL HEMP › Section R3-4-1004 - Industrial Hemp Research

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				person, company, college or university that conducts research into the growth,
				harvesting techniques, transportation methods, or processing of industrial hemp
				is required to obtain a license pursuant to this Article.
B. A person, company, college or university
				conducting not-for-profit research may be exempted from the licensing fee(s)
				provided that:
1. The applicant submits to
				the Department a request for an exemption of the licensing fee;
2. The applicant provides a summary of the
				research to be conducted;
3. The
				applicant provides a summary of the benefit to the agricultural community that
				will be gained;
4. The applicant
				signs into an agreement with the Department that as a result of the research
				conducted the applicant will not gain any monetary profit;
5. The research will be conducted in
				compliance with this Article or any other law, rule, or order governing the
				production of industrial hemp; and
6. The results or summary of the research
				will be published or made publicly available.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 10 - INDUSTRIAL HEMP › Section R3-4-1005 - Fees

Current through Register Vol. 30, No. 28, July 12, 2024
A. All licensing
				and/or registration fees are due at the time of application.
B. A grower applicant or licensee is not
				required to pay separate harvester or transporter licensing fees, unless
				providing harvesting or transport services for other licensed
				growers.
C. Inspection and
				assessment fees are invoiced by the Department and are due within 30 calendar
				days of the invoice date.
D. Site
				modification fees. The appropriate fee shall be submitted at the time an
				applicant submits a site modification application as provided in
				R3-4-1003(G)
E. Processor assessment fees are
				based on tonnage reports, shipping manifests or scale receipts of unprocessed
				hemp plants or plant parts received.
F. All outstanding inspection and assessment
				fees invoiced prior to November 15, shall be paid in full prior to the
				Department's processing of a licensee's renewal application.
G. THC sample analysis fees. Beyond the
				initial pre-harvest sample collected to determine regulatory compliance of a
				harvest lot of hemp, a licensee will be required to pay for any analytical fees
				before results are released. These include:
1. Any pre-harvest re-tests for crops that
				indicated a result above the threshold for compliance;
2. Post-harvest samples that have been
				determined to be a regulatory concern by the Department; or
3. By request from the grower that requires
				official analysis for commerce.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 10 - INDUSTRIAL HEMP › Table 1 - Fee Schedule

Current through Register Vol. 30, No. 28, July 12, 2024
License
Licensing Fee
Inspection/Assessment Fee
Grower
$1,000 per license
$25 per one or less than one outdoor acre up to 100
							 acres
$5 acre for each additional acre
$75 per indoor facility up to 3 acres; $25 per acre
							 for facilities over 3 acres
$150 per THC sample analysis (G)
Nursery
$650 per license
NA
Harvester
$100 per license
N/A
Transporter
$100 per license
N/A
Processor
$2,000 per license
$5 ton Oil Seed/Grain
$100 ton floral material
$150 per THC sample analysis (G)
All
Site modification fee: $300
N/A
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 10 - INDUSTRIAL HEMP › Section R3-4-1006 - Authorized Seed and Propagative Material

Current through Register Vol. 30, No. 28, July 12, 2024
A. Authorized seeds and propagative material.
				Seeds and propagative materials authorized for use by a licensee is not a
				guarantee a crop will produce a Total Delta total delta-9 THC concentration of
				not greater than 0.300%. Seeds and propagative material that are used to
				produce an industrial hemp crop or plant shall:
1. Be produced from an industrial hemp crop
				or plant; and
2. Originate from
				either:
a. A person, business, college or
				university licensed or certified in a state or federal program authorized to
				produce industrial hemp; or
b. A
				foreign source that is authorized by the country of origin to export industrial
				hemp seed or propagative material to produce an industrial hemp crop.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 10 - INDUSTRIAL HEMP › Section R3-4-1007 - Location Requirements; Signage

Current through Register Vol. 30, No. 28, July 12, 2024
A. Location requirements.
1. A Licensed grower or processor shall not
				grow, process, or store industrial hemp in any residential dwelling.
2. A Licensee is responsible for maintaining
				compliance with all applicable city and county land use restrictions, zoning
				laws, building, and fire codes and ordinances.
3. A registered location shall be made
				available for inspection at the request of an inspector during normal business
				hours.
4. A licensed grower or
				processor shall not grow, process, or store any forms of Cannabis that are not
				classified as industrial hemp within a single structure at the registered
				location.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 10 - INDUSTRIAL HEMP › Section R3-4-1008 - Compliance; Recordkeeping; Audits

Current through Register Vol. 30, No. 28, July 12, 2024
A. General compliance requirements.
1. All licensees are subject to audits to
				ensure compliance with the recordkeeping requirements in
				R3-4-1008(B);
2. An authorized
				Department inspector shall be allowed access to all growing, storage, and
				processing locations of a licensee's industrial hemp crop, hemp seed,
				propagative material, harvested material, handling and processing equipment to
				conduct a visual inspection and determine if a violation of this Article may
				exist.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 10 - INDUSTRIAL HEMP › Section R3-4-1011 - Notifications; Reports

Current through Register Vol. 30, No. 28, July 12, 2024
A. All
				notifications and reports for licensees shall be made on forms provided by the
				Department unless otherwise indicated in this section or as directed by the
				Associate Director.
B. Planting
				Report. Within five business days after planting a harvest lot of hemp, a
				grower must complete and submit a planting report that includes, at a minimum
				the following:
1. The contact information of
				the licensee, including license number;
2. A unique harvest lot identification number
				assigned by the grower or nursery
3. The geospatial location information where
				a harvest lot was planted (the "site");
4. The variety name of the harvest
				lot;
5. The actual area planted
				with each lot; and
6. The estimated
				date of harvest or transplanting.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 10 - INDUSTRIAL HEMP › Section R3-4-1012 - Unauthorized Activity; Violations

Current through Register Vol. 30, No. 28, July 12, 2024
A. A licensee commits a violation of this
				Article by:
1. Failing to provide a legal
				description of land on which a licensee grows, processes, stores or researches
				industrial hemp or hemp seed;
2.
				Failing to obtain the proper license with the Department;
3. Producing or distributing Cannabis sativa,
				with a total delta-9 THC concentration greater than 1.0% on a dry weight basis,
				unless otherwise permitted by state or federal law, rule or order;
4. Violating a term or condition of the
				signed licensing agreement or corrective action plan; or
5. Violating any law, rule, or order in the
				regulation of industrial hemp.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 10 - INDUSTRIAL HEMP › Section R3-4-1013 - Corrective Actions

Current through Register Vol. 30, No. 28, July 12, 2024
A. In
				addition to being subject to possible license suspension, license revocation,
				and monetary civil penalty procedures under
				R3-4-1014, a person who
				is found by the Department to have violated any law, rule or Director's Order
				governing that person's participation in the program may be subject to a
				corrective action plan.
B. The
				Associate Director may request that the licensee submit a corrective action
				plan, or may impose a written and dated corrective action plan for a negligent
				violation or non-compliance of any law, rule or Director's Order governing a
				person's participation in the hemp program.
C. Corrective action plans shall include, at
				a minimum, the following information:
1. The
				requirements a person must fulfill to correct a violation or non-compliance of
				this Article as indicated in R3-4-1013(D);
2. A reasonable date by which the person
				shall complete violation or non-compliance corrections; and
3. For violations pursued under A.R.S. §
										3-319,
				a requirement for periodic reports from the violator to the department about
				the violator's compliance with the corrective action plan, laws, rules or
				Director's Orders for a period of not less than two years from the date of the
				violation.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 4 - DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION › Article 10 - INDUSTRIAL HEMP › Section R3-4-1014 - Penalties

Current through Register Vol. 30, No. 28, July 12, 2024
A. Civil penalties.
				Civil penalties shall be imposed under A.R.S. §
									3-319.
B. License
				suspension. A person that violates this Article, a licensing requirement, a
				licensing term or condition, or any other rule or order of the Department may
				have their licensing privileges suspended until completion of any corrective
				actions prescribed in
				R3-4-1013.
C. License revocation. A person that
				intentionally violates this Article, a licensing requirement, a licensing term
				or condition, or any other rule or order of the Department, or who commits a
				third negligent offense within a five year period may be subject to one or more
				of the following penalties:
1. Revocation of
				all licenses issued under this Article;
2. Seizure and destruction of all hemp crops,
				seed, and harvested industrial hemp of the licensee, at the cost of the
				licensee; and
3. Ineligibility for a
				license under this Article for a period not less than five years.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 5 - DEPARTMENT OF AGRICULTURE - STATE AGRICULTURAL LABORATORY › Article 1 - SAMPLING AND LABORATORY CERTIFICATION › Section R3-5-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions in A.R.S. §§
									3-101 and
				  3-141, the following
				  terms apply to this Chapter:
"Accuracy" means the closeness of an observation to the true
				  value.
"Embossing Seal" means a seal approved by the SAL.
"Person" means an individual, partnership, corporation, or
				  other legal entity that establishes, conducts, or maintains a laboratory as
				  prescribed in A.R.S. §
									3-145(A).
"Precision" means the agreement of repeated observations made
				  under the same conditions.
"Proficiency Testing Program" or "PTP" means a check sample
				  testing program.
"Quality assurance" means an integrated system of management
				  activities involving planning, implementation, assessment, reporting, and
				  quality improvement to ensure that a process, item, or service is of definable
				  quality.
"SAL" means Arizona Department of Agriculture State
				  Agricultural Laboratory.
"Testing" means a process employed to achieve a result for an
				  agricultural service performed by a certified laboratory.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 5 - DEPARTMENT OF AGRICULTURE - STATE AGRICULTURAL LABORATORY › Article 1 - SAMPLING AND LABORATORY CERTIFICATION › Section R3-5-102 - Certification; Renewal; Termination

Current through Register Vol. 30, No. 28, July 12, 2024
A. Initial laboratory certification. A person
				who is seeking initial laboratory certification to provide an agricultural
				laboratory service, as prescribed in A.R.S. §
									3-145,
				shall:
1. Provide the following information
				on an application form obtained from the Department:
a. Name, business and mailing address,
				telephone and fax numbers, and e-mail address of the laboratory;
b. Name, address, telephone number, e-mail
				address, and signature of the owner; and
c. Name, address, telephone number, e-mail
				address, and signature of the laboratory manager;
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 5 - DEPARTMENT OF AGRICULTURE - STATE AGRICULTURAL LABORATORY › Article 1 - SAMPLING AND LABORATORY CERTIFICATION › Section R3-5-103 - Agricultural Laboratory Services

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person may apply for a laboratory
				certification to perform any of the services listed in A.R.S. §
									3-141(1)
				 or any of the following agricultural
				laboratory services:
1. Determination of
				specific element and ion content of water for irrigation or livestock
				purposes;
2. Determination of
				specific element and ion content of plant tissue for the evaluation of plant
				nutrients;
3. Determination of
				specific element and ion content of soil for the evaluation of soil fertility
				and for element and ion content that may cause plant growth
				limitations;
4. Determination of
				the content of processed meat or a meat food product including the percentage
				of a meat or nonmeat ingredient;
5.
				Verification of an analysis for the accuracy of the label guarantee of a feed,
				fertilizer, animal manure, plant growth stimulant, soil amendment, soil
				conditioner, or pesticide;
6.
				Verification of planting seed germination percentages, purity analysis, or
				another named seed or plant propagative material testing procedure;
7. Identification of insects, plant
				pathogens, animal pathogens, nematodes, noxious weeds, noxious weed seeds, or
				animal parasites;
8. Testing of
				milk or milk product for quality and market standards;
9. Determination of mycotoxin, antibiotic, or
				drug residue in plant or animal tissue;
10. Determination of mycotoxin, antibiotic,
				or drug residue in a plant or animal product, animal feed, or feed
				ingredient;
11. Determination of a
				specific pesticide, or hazardous or toxic element in plant or animal
				tissue;
12. Determination of a
				specific pesticide or hazardous or toxic element in water used in livestock
				production, irrigation water, air, soil, agricultural product, or animal feed;
				or
13. Collection of
				samples.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 5 - DEPARTMENT OF AGRICULTURE - STATE AGRICULTURAL LABORATORY › Article 1 - SAMPLING AND LABORATORY CERTIFICATION › Section R3-5-104 - Fees

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person shall
				pay the following fee to the Department before the SAL will review the
				application for laboratory certification to perform an agricultural laboratory
				service:
1. Initial fee, $200 per
				certification; or
2. Renewal fee,
				$100 per certification.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 5 - DEPARTMENT OF AGRICULTURE - STATE AGRICULTURAL LABORATORY › Article 1 - SAMPLING AND LABORATORY CERTIFICATION › Section R3-5-105 - Laboratory Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				person who has obtained laboratory certification under this Article shall
				maintain a master file for each certification. The person shall update the
				master file within 30 days of any change. The master file shall contain:
1. The most current letter of certification,
				stating the period of validity;
2.
				A quality assurance manual as described in subsection (B);
3. An organizational chart that indicates:
a. Each personnel position with
				responsibility for the agricultural laboratory service; and
b. The reporting relationship of each
				position identified in subsection (A)(3)(a), including every administrative,
				operational, and quality control relationship;
4. The name and resume of the individual
				assigned to each position identified in subsection (A)(3)(a);
5. Documentation of training for each staff
				member who performs all or part of the agricultural laboratory
				service;
6. Documentation of the
				laboratory's competence and experience in the applicable test procedure for the
				agricultural laboratory service;
7.
				Reports of each sample result for the last three years and all data generated
				during the testing. After three years, these records shall be maintained as
				prescribed in subsection (D). With the approval of the Assistant Director, a
				person may maintain records in electronic format;
8. Laboratory equipment lists, including:
a. Type and manufacturer;
b. Serial and model number;
c. Date of the last calibration, if
				applicable; and
d. Maintenance
				records;
9. Receiving
				and shipping records of all samples and supplies relating to the
				certification;
10. Quality control
				documentation;
11. Documentation of
				reference material, standards, and biological specimens as prescribed in
				subsection (B)(5); and
12. All
				correspondence relating to the certification and operation of the
				program.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 5 - DEPARTMENT OF AGRICULTURE - STATE AGRICULTURAL LABORATORY › Article 1 - SAMPLING AND LABORATORY CERTIFICATION › Section R3-5-106 - Testing Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
A person complying with this Article shall:
1. Use testing procedures that are referenced
				in professional journals or manuals and obtain the Assistant Director's
				approval of the procedures, or
2.
				Use testing procedures established by the SAL.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 5 - DEPARTMENT OF AGRICULTURE - STATE AGRICULTURAL LABORATORY › Article 1 - SAMPLING AND LABORATORY CERTIFICATION › Section R3-5-107 - Proficiency Testing Program

Current through Register Vol. 30, No. 28, July 12, 2024
A. A
				person applying for laboratory certification shall participate in a PTP to
				demonstrate the ability of the laboratory to provide the agricultural
				laboratory service.
B. A person
				participating in an outside PTP shall provide the Assistant Director with its
				identification number and a copy of the results. The person shall pay the cost
				of the PTP.
C. The Department shall
				evaluate each laboratory based on comparative results obtained for each PTP
				sample. If the Department discovers a deficiency, the person applying for
				laboratory certification shall submit a corrective action plan to the Assistant
				Director.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 5 - DEPARTMENT OF AGRICULTURE - STATE AGRICULTURAL LABORATORY › Article 1 - SAMPLING AND LABORATORY CERTIFICATION › Section R3-5-110 - Referee Laboratory

Current through Register Vol. 30, No. 28, July 12, 2024
If the testing results from two certified laboratories differ
				  or certified laboratory results are challenged by a person or state agency that
				  is contracting for agricultural laboratory services, the Director may designate
				  a laboratory to serve as a referee and assist in making a final determination.
				  If the test results are challenged, the party who loses the dispute shall pay
				  all costs incurred by the referee laboratory.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 5 - DEPARTMENT OF AGRICULTURE - STATE AGRICULTURAL LABORATORY › Article 1 - SAMPLING AND LABORATORY CERTIFICATION › Section R3-5-111 - Certification Expiration; Laboratory Relocation

Current through Register Vol. 30, No. 28, July 12, 2024
A laboratory certification is valid for the physical location
				  approved by the SAL in response to the initial or renewal application. If a
				  laboratory relocates after initial certification or renewal of certification,
				  the existing 12-month certification expires on the date of the move. A person
				  seeking laboratory certification for the new location shall file an initial
				  certification application to become certified at the new physical location and
				  the Department shall perform an on-site review.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 5 - DEPARTMENT OF AGRICULTURE - STATE AGRICULTURAL LABORATORY › Article 1 - SAMPLING AND LABORATORY CERTIFICATION › Section R3-5-112 - Licensing Time-frames

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Overall time-frame. The Department shall issue or deny a laboratory
				certification within the overall time-frames listed in Table 1 after receipt of
				an 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 applicable
				administrative completeness review time-frame established in Table 1 begins on
				the date the Department receives an application. The Department shall notify
				the applicant in writing within the administrative completeness review
				time-frame whether the application is incomplete. The notice shall specify the
				information that is missing. If the Department does not provide notice to the
				applicant within the administrative completeness review time-frame, the
				application is complete.
2. An
				applicant with an incomplete certification 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 that
				the Department mails the notice of missing information to the applicant until
				the date that the Department receives the information.
3. If the applicant fails to submit the
				missing information before 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 laboratory certification by
				submitting a new application.
4. If
				an applicant requests laboratory certification of a new service, the Department
				shall add 90 days to the administrative completeness review time-frame to
				provide time for establishing a protocol for granting certification.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 5 - DEPARTMENT OF AGRICULTURE - STATE AGRICULTURAL LABORATORY › Article 1 - SAMPLING AND LABORATORY CERTIFICATION › Table 1 - Time-frames (Calendar Days)

Current through Register Vol. 30, No. 28, July 12, 2024
Certification
Authority
Administrative Completeness
						  Review
Completion Request Period
Substantive Completeness Review
Additional Information Period
Overall Time-frame
Laboratory Certification
						  · Initial · Renewal New service
A.R.S. §
												3-145
						  R3-5-102
14 14 104
30 14 90
60 30 60
90 14 30
74 44 164
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 6 - DEPARTMENT OF AGRICULTURE - OFFICE OF COMMODITY DEVELOPMENT AND PROMOTION › Article 1 - MARKETING › Section R3-6-101 - Certificate of Free Sale

Current through Register Vol. 30, No. 28, July 12, 2024
A. Any
				person manufacturing or distributing a consumable product in Arizona and who
				wants to sell it domestically or abroad, may apply to the Department for a
				Certificate of Free Sale. If an applicant is a subsidiary of a corporation, the
				application will be accepted only from the parent company. The application
				shall contain:
1. The name, address,
				telephone, and facsimile number of the company;
2. The name of the contact person;
3. A list of the consumable products
				manufactured, distributed, or sold in Arizona;
4. The printed name, signature, and social
				security number of the responsible party;
5. The country of export, if
				applicable;
6. The fee prescribed
				in subsection (B);
7. Copies of 3
				different invoices or bills-of-lading from the 3 months preceding the
				application; and
8. The purchaser's
				telephone number cited on each invoice or bill-of-lading.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 6 - DEPARTMENT OF AGRICULTURE - OFFICE OF COMMODITY DEVELOPMENT AND PROMOTION › Article 1 - MARKETING › Section R3-6-102 - Phytosanitary Certification

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				During fiscal year 2024, a person who applies to the Department for
				phytosanitary certification shall pay the following fee:
1. For state certification, $50 for the first
				lot plus $10 for each additional lot per Department site trip.
2. For federal certification, $50 plus the
				federal administrative user fee set out in
				7 CFR
				354.3(g)(3)(i), revised
				January 1, 2016, which is incorporated by reference and does not include any
				later amendments or editions. A copy of the incorporated material is available
				for inspection at the Department, 1110 W. Washington St., Suite 450, Phoenix,
				Arizona 85007 or may also be viewed at
http://www.gpo.gov/fdsys/
.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 1 - ADMINISTRATION AND PROCEDURES › Section R3-7-102 - Metrology Laboratory Testing and Calibration Fees

Current through Register Vol. 30, No. 28, July 12, 2024
A. For all services of the Division's
				Metrology Laboratory, the Division shall charge $110 per hour with a minimum
				charge of $50.
B. In addition to
				the fee in subsection (A), the Division shall charge for travel and per diem at
				the rates established under A.R.S. §§
									38-623(D)
				 and
				38-624(C)
				 for tests or calibrations conducted outside
				the Metrology Laboratory.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 1 - ADMINISTRATION AND PROCEDURES › Section R3-7-103 - Licensing and Fees

Current through Register Vol. 30, No. 28, July 12, 2024
A. A license is
				effective on the first day of the month following the date that the license
				application is determined by the Division to be complete and
				accurate.
B. A payment is
				delinquent if not received or postmarked on or before the due date. The
				Division shall not process a license or renewal application for which payment
				is delinquent.
C. If the Division
				receives payment for a license that excludes the payment of applicable fees or
				past due civil penalties, the Division shall apply the license fee payment to
				the licensee's account and issue a separate invoice for the additional monies
				owed to the Division. The license will not be issued by the Division until all
				fees due are paid.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 1 - ADMINISTRATION AND PROCEDURES › Section R3-7-104 - Administrative Enforcement Action

Current through Register Vol. 30, No. 28, July 12, 2024
A. For a
				violation of A.R.S. Title 3, Chapter 19, CARB Executive Orders, Handbook 44,
				Handbook 130, Handbook 133, or this Chapter, the Division may:
1. Issue a Warning, Out-of-Service,
				Stop-Sale, Stop-Use tag, or issue another administrative order under A.R.S.
				§
										3-3415;
2. Seize or condemn a Seal of Authority,
				weight, measure, or other commercial device under A.R.S. §§
										3-3414 and
				3-3415;
3. Impose a civil penalty under A.R.S.
				§§
										3-3473 and
				3-3475;
4. Revoke or suspend a license under A.R.S.
				§
										3-3472;
5. Utilize appropriate progressive
				enforcement action; or
6. Implement
				any combination of the above.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 1 - ADMINISTRATION AND PROCEDURES › Section R3-7-108 - Time-frames for Licenses, Renewals, and Authorities to Construct

Current through Register Vol. 30, No. 28, July 12, 2024
A. For each type
				of license, renewal, or authority issued by the Division, the overall
				time-frame described in A.R.S. §
									41-1072(2)  is
				set forth in Table 1.
B. For each
				type of license, renewal, or authority issued by the Division, the
				administrative completeness review time-frame described in A.R.S. §
									41-1072(1)  is
				set forth in Table 1 and begins on the date the Division receives an
				application.
1. If the application is not
				administratively complete, the Division shall send a deficiency notice to the
				applicant.
a. The deficiency notice shall
				state each deficiency and the information needed to complete the
				application.
b. Within the
				time-frame provided in Table 1 for response to the deficiency notice, the
				applicant shall submit to the Division the missing information specified in the
				deficiency notice. The time-frame for the Division to finish the administrative
				completeness review is suspended from the date the Division mails or e-mails
				the deficiency notice to the applicant until the date the Division receives the
				missing information.
c. If the
				applicant does not submit the missing information within the time-frame to
				respond to the deficiency notice set forth in Table 1, the Division shall send
				a written notice to the applicant informing the applicant that the application
				is deemed withdrawn. An applicant who desires to reapply shall begin the
				application process anew.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 1 - ADMINISTRATION AND PROCEDURES › Section R3-7-109 - Administrative Hearing Procedures

Current through Register Vol. 30, No. 28, July 12, 2024
A person who is adversely affected by an action made by the
				  Division may request a hearing to dispute license denial, inspection results, a
				  violation, or enforcement action under A.R.S. Title 41, Chapter 6, Article
				  10.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 1 - ADMINISTRATION AND PROCEDURES › Section R3-7-110 - Motion for Rehearing or Review

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as
				provided in subsection (I), any party in a contested case or appealable agency
				action before the Division who is aggrieved by a decision rendered in the case
				may file with the Division, not later than 10 days after service of the
				decision, a written motion for rehearing or review of the decision, pursuant to
				A.R.S. Title 41, Chapter 6, Article 10, specifying the particular grounds for
				the motion. For purposes of this subsection, a decision shall be deemed to have
				been served when personally delivered or mailed by certified mail to the party
				at the party's last known residence or place of business; or by electronic mail
				if the party has agreed to receive electronic notifications.
B. A motion for rehearing or review may be
				amended at any time before it is ruled upon by the Division. A party shall
				provide a copy of any pleading on all opposing parties or parties who may be
				directly affected by the issues presented, and the pleading shall contain a
				certification of delivery to listed recipients. A response may be filed within
				15 days after service of the motion or amended motion by any other party. The
				Division may require the filing of written briefs upon the issues raised in the
				motion and may provide for oral argument.
C. A rehearing or review of the decision may
				only be granted for any of the following reasons materially affecting the
				moving party's rights:
1. Any irregularity in
				the hearing, order, or abuse of discretion depriving the moving party of a fair
				hearing;
2. Misconduct of the
				Division, the administrative law judge, or the prevailing party;
3. Accident or surprise that could not have
				been prevented by ordinary prudence;
4. Newly discovered material evidence that
				could not have been discovered with reasonable diligence and produced at the
				original hearing;
5. Excessive or
				insufficient penalties;
6. Error in
				the admission or rejection of evidence or other errors of law occurring at the
				hearing or during the progress of the proceedings; or
7. That the decision is not justified by the
				evidence or is contrary to law.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 1 - ADMINISTRATION AND PROCEDURES › Table 1 - Time-frames

Current through Register Vol. 30, No. 28, July 12, 2024
Type of License
Authority
Administrative Completeness
							 Review
Response to Completion
							 Request
Substantive Review
Response to Request for Additional
							 Information
Overall Timeframe
Commercial Device
R3-7-201
14
28
30
30
44
Public Weighmaster
R3-7-501
14
28
30
30
44
Registered Service
Agency/ Representative
R3-7-601
14
28
30
30
44
Authority to Construct
R3-7-1004
14
28
30
30
44
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 2 - COMMERCIAL DEVICES › Section R3-7-201 - Licensing Process

Current through Register Vol. 30, No. 28, July 12, 2024
A. Before using
				a commercial device, a person or a contracted registered service representative
				shall apply for a commercial device license. The commercial device may be used
				without a license for up to 30 days after an application is filed with the
				Division. The application shall be on a form supplied by the Division that
				includes:
1. The applicant's name, address,
				and telephone number;
2. The name,
				address, and telephone number of the location where the commercial device will
				be operated;
3. A description of
				the commercial device;
4. The
				applicant's signature; and
5. The
				e-mail address of the commercial device owner or operator for the Division to
				provide licenses, invoices, inspections and reports, enforcement action, and
				other notifications.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 2 - COMMERCIAL DEVICES › Section R3-7-203 - Approval, Installation, Use, and Sale of Devices

Current through Register Vol. 30, No. 28, July 12, 2024
A. A commercial
				device installed or placed in use after January 1, 1975, shall have an NCWM
				National Type Evaluation Program ("NTEP") Certificate of Conformance or have a
				California Type Evaluation Program ("CTEP") Certificate of Approval.
www.ncwm.net/ntep/cert_search
1. If a commercial device has been
				continuously licensed, or evidence shows it has been in use by the owner in
				Arizona since January 1, 1975, the commercial device is exempt from NTEP or
				CTEP approval requirements.
2. If a
				commercial device exempt under subsection (A)(1) fails the specifications,
				tolerances, or other technical requirements of Handbook 44 during a Division
				inspection, the Division shall issue a Stop-Sale, Stop-Use tag or seize the
				device per R3-7-104(A) and
				revoke the commercial device license under A.R.S. §
										3-3472. A person shall no longer
				use the device commercially.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 3 - PACKAGING, LABELING, AND METHOD OF SALE › Section R3-7-302 - Packaging, Labeling, and Method of Sale

Current through Register Vol. 30, No. 28, July 12, 2024
A. A person
				shall comply with all packaging, labeling, and method of sale requirements in
				Handbook 130, except as otherwise stated in this Chapter. A person shall ensure
				that packaged commodities kept, offered, exposed for sale, sold, or in the
				process of delivery are weighed, measured, and inspected using sampling and
				testing procedures designated in Handbook 133, except as otherwise stated in
				this Chapter.
B. A retail seller
				shall ensure that a package that is offered for sale in a random weight,
				measurement, or count, and that is weighed, measured, or counted at the time of
				sale, includes a label on the package identifying the net weight, measurement,
				or count, item description, and packer's name if the packer is not the
				retailer. Pre-packaged produce does not require a label on each package if the
				retailer:
1. Clearly labels the
				price-per-pound where the packaged produce is displayed, and
2. Deducts a tare for the packaging from the
				gross weight at the time of sale.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 4 - RETAIL PRICING › Section R3-7-402 - Retail Price Requirements; Initial Inspections; Violations and Exceptions

Current through Register Vol. 30, No. 28, July 12, 2024
A. Retail price
				requirements. In addition to the requirements in A.R.S. §
									3-3431, a person who offers,
				exposes, or advertises a commodity for sale or rent shall:
1. Price a commodity at the date and time
				that it is ordered by a customer;
2. Post a definite, plain, and conspicuous
				price on the commodity or adjacent to where the commodity is
				displayed;
3. If the price of the
				commodity is by weight, measure, or count, place the price per weight, measure,
				or count on the commodity or adjacent to where the commodity is
				displayed;
4. If a price is reduced
				by a percentage or a fixed amount from a previously offered price, place the
				reduction or reduced price on the commodity or adjacent to where the commodity
				is displayed;
5. Label each
				commodity offered for sale within a plant nursery with its identity and price,
				or post a sign with this information adjacent to the point of display;
				and
6. Ensure that the price of
				each item purchased is displayed visibly to the public at each check-out
				location.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 7 - DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION › Article 5 - PUBLIC WEIGHMASTERS › Section R3-7-501 - Qualifications; License and Renewal Application Process

Current through Register Vol. 30, No. 28, July 12, 2024
A. In addition
				to the requirements of A.R.S. §
									3-3453, to be a public weighmaster
				or a deputy public weighmaster, a person shall:
1. Be at least 18 years old, and
2. Be able to execute
				weight certificates properly.