reglab/statecodes huggingface dataset:
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 9 - PRODUCE SAFETY DOMESTICATED AND WILD ANIMALS › Section R3-10-902 - Grazing and Working Animals; Animal Intrusion; Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. The farm shall
				take the steps set forth in subsection (B) if, under the circumstances, there
				is a reasonable probability that grazing animals, working animals, or animal
				intrusion will contaminate covered produce.
B. The farm shall both:
1. Assess the relevant areas used for a
				covered activity for evidence of potential contamination of covered produce as
				needed during the growing season, based on the covered produce, practices and
				conditions, and observations and experience; and
2. If significant evidence of potential
				contamination is found, the designated representative shall evaluate whether
				the covered produce can be harvested in accordance with the requirements of
				R3-10-1002 and take measures reasonably necessary during growing to assist the
				farm later during harvest when it shall identify, and not harvest, covered
				produce that is reasonably likely to be contaminated with a known or reasonably
				foreseeable hazard.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 9 - PRODUCE SAFETY DOMESTICATED AND WILD ANIMALS › Section R3-10-903 - Covered Farms; Taking of Threatened or Endangered Species; Managing Outdoor Growing Areas

Current through Register Vol. 30, No. 28, July 12, 2024
A.
				Nothing in this Chapter authorizes the "taking" of or attempting to take
				threatened or endangered species as that term is defined by the federal
				Endangered Species Act.
B. Articles
				2 through 17 of this Chapter do not require covered farms to take measures to
				exclude animals from outdoor growing areas, or to destroy animal habitat or
				otherwise clear farm borders around outdoor growing areas or
				drainages.
C. For purposes of this
				Section, "taking" includes harassing, harming, pursuing, hunting, shooting,
				wounding, killing, trapping, capturing, or collecting threatened or endangered
				species.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 10 - PRODUCE SAFETY GROWING, HARVESTING, PACKING AND HOLDING ACTIVITIES › Section R3-10-1001 - Growing, Harvesting and Packing of Covered and Excluded Produce

Current through Register Vol. 30, No. 28, July 12, 2024
If the farm grows, harvests, packs or holds produce that is
				  not covered in Articles 2 through 17 of this Chapter and also conducts any of
				  those activities on covered produce, and the excluded produce is not grown,
				  harvested, packed or held in accordance with Articles 2 through 17 of this
				  Chapter, the farm shall take measures during these covered activities, as
				  applicable, to both:
1. Keep covered
				produce separate from excluded produce, except when covered produce and
				excluded produce are placed in the same container for distribution;
				and
2. Adequately clean and
				sanitize, as necessary, any food contact surfaces that contact excluded produce
				before using those food contact surfaces for covered activities on covered
				produce.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 10 - PRODUCE SAFETY GROWING, HARVESTING, PACKING AND HOLDING ACTIVITIES › Section R3-10-1002 - Required Measures Prior to Harvest

Current through Register Vol. 30, No. 28, July 12, 2024
The farm shall take all measures reasonably necessary to
				  identify, and not harvest, covered produce that is reasonably likely to be
				  contaminated with a known or reasonably foreseeable hazard, including steps to
				  identify and not harvest covered produce that is visibly contaminated with
				  animal excreta. At a minimum, identifying and not harvesting covered produce
				  that is reasonably likely to be contaminated with animal excreta or that is
				  visibly contaminated with animal excreta requires a visual assessment of the
				  growing area and all covered produce to be harvested, regardless of the harvest
				  method used.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 10 - PRODUCE SAFETY GROWING, HARVESTING, PACKING AND HOLDING ACTIVITIES › Section R3-10-1003 - Handling Covered Produce During Covered Activities

Current through Register Vol. 30, No. 28, July 12, 2024
The farm shall handle harvested covered produce during
				  covered activities in a manner that protects against contamination with known
				  or reasonably foreseeable hazards, for example, by avoiding, to the degree
				  practicable, contact of cut surfaces of harvested produce with
				  soil.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 10 - PRODUCE SAFETY GROWING, HARVESTING, PACKING AND HOLDING ACTIVITIES › Section R3-10-1004 - Dropped Covered Produce; Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. The farm shall not distribute dropped
				covered produce.
B. For purposes of
				this Section, "dropped covered produce" means covered produce that drops to the
				ground before harvest and does not include:
1. Root crops that grow underground, such as
				carrots;
2. Crops that grow on the
				ground, such as cantaloupe; or
3.
				Produce that is intentionally dropped to the ground as part of harvesting, such
				as almonds.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 10 - PRODUCE SAFETY GROWING, HARVESTING, PACKING AND HOLDING ACTIVITIES › Section R3-10-1005 - Food packing and packaging; requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. The farm shall use food-packing material
				that is adequate for its intended use, which includes being both:
1. Cleanable or designed for single
				use.
2. Unlikely to support growth
				or transfer of bacteria.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 11 - PRODUCE SAFETY EQUIPMENT, TOOLS, BUILDINGS AND SANITATION › Section R3-10-1101 - Equipment and Tools; Inclusion; Requirements

Current through Register Vol. 30, No. 28, July 12, 2024
A. Equipment and tools subject to the
				requirements of this Article:
1. Are those
				that are intended to, or likely to, contact covered produce; and
2. Are those instruments or controls used to
				measure, regulate, or record conditions to control or prevent the growth of
				undesirable microorganisms of public health significance.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 11 - PRODUCE SAFETY EQUIPMENT, TOOLS, BUILDINGS AND SANITATION › Section R3-10-1102 - Buildings; specific inclusions

Current through Register Vol. 30, No. 28, July 12, 2024
Buildings subject to the requirements of this Article
				  include:
1. Any fully- or
				partially-enclosed building used for covered activities, including minimal
				structures that have a roof but do not have any walls; and
2. Storage sheds, buildings, or other
				structures used to store food contact surfaces, such as harvest containers and
				food-packing materials.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 11 - PRODUCE SAFETY EQUIPMENT, TOOLS, BUILDINGS AND SANITATION › Section R3-10-1103 - Equipment and Tools; Cleaning and Maintenance

Current through Register Vol. 30, No. 28, July 12, 2024
A. The farm shall use equipment and tools
				that are of adequate design, construction, and workmanship to enable them to be
				adequately cleaned and properly maintained.
B. Equipment and tools shall be:
1. Installed and maintained as to facilitate
				cleaning of the equipment and of all adjacent spaces;
2. Stored and maintained to protect covered
				produce from being contaminated with known or reasonably foreseeable hazards;
				and
3. Stored and maintained to
				prevent the equipment and tools from attracting and harboring pests.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 11 - PRODUCE SAFETY EQUIPMENT, TOOLS, BUILDINGS AND SANITATION › Section R3-10-1104 - Maintenance of Instruments and Controls

Current through Register Vol. 30, No. 28, July 12, 2024
Instruments or controls the farm uses to measure, regulate,
				  or record temperatures, hydrogen-ion concentration (pH), sanitizer efficacy or
				  other conditions, in order to control or prevent the growth of undesirable
				  microorganisms of public health significance, shall be:
1. Accurate and precise as necessary and
				appropriate in keeping with their purpose;
2. Adequately maintained; and
3. Adequate in number for their designated
				uses.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 11 - PRODUCE SAFETY EQUIPMENT, TOOLS, BUILDINGS AND SANITATION › Section R3-10-1105 - Maintenance of Equipment Used for Transport of Covered Produce

Current through Register Vol. 30, No. 28, July 12, 2024
Equipment that is subject to this Article that the farm uses
				  to transport covered produce shall be both:
1. Adequately clean before use in
				transporting covered produce; and
2. Adequate for use in transporting covered
				produce.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 11 - PRODUCE SAFETY EQUIPMENT, TOOLS, BUILDINGS AND SANITATION › Section R3-10-1106 - Buildings; Suitability; Drainage

Current through Register Vol. 30, No. 28, July 12, 2024
A. Buildings shall be suitable in size,
				construction, and design to facilitate maintenance and sanitary operations for
				covered activities to reduce the potential for contamination with known or
				reasonably foreseeable hazards of covered produce or food contact surfaces.
				Buildings shall:
1. Provide sufficient space
				for placement of equipment and storage of materials;
2. Permit proper precautions to be taken to
				reduce the potential for contamination with known or reasonably foreseeable
				hazards of covered produce, food contact surfaces, or packing materials;
				and
3. Be designed to reduce the
				potential for contamination, including separating operations in which
				contamination is likely to occur by location, time, partition, enclosed systems
				or other methods.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 11 - PRODUCE SAFETY EQUIPMENT, TOOLS, BUILDINGS AND SANITATION › Section R3-10-1107 - Buildings; Domesticated Animals

Current through Register Vol. 30, No. 28, July 12, 2024
A. The farm shall take reasonable precautions
				to prevent contamination with known or reasonably foreseeable hazards of
				covered produce, food contact surfaces, and food-packing materials in
				fully-enclosed buildings from domesticated animals by either:
1. Excluding domesticated animals from
				fully-enclosed buildings where covered produce, food contact surfaces, or
				food-packing material is exposed; or
2. Separating domesticated animals in a fully
				enclosed building from an area where a covered activity is conducted on covered
				produce by location, time, or partition.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 11 - PRODUCE SAFETY EQUIPMENT, TOOLS, BUILDINGS AND SANITATION › Section R3-10-1108 - Buildings; Pest Control; Routine Monitoring

Current through Register Vol. 30, No. 28, July 12, 2024
A. The farm shall take those measures
				reasonably necessary to protect covered produce, food contact surfaces, and
				food-packing materials from contamination by pests in buildings, including
				routine monitoring for pests as necessary and appropriate.
B. For fully-enclosed buildings, the farm
				shall take measures to exclude pests from its buildings.
C. For partially-enclosed buildings, the farm
				shall take measures to prevent pests from becoming established in its
				buildings, such as by use of screens or by monitoring for the presence of pests
				and removing them when present.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 11 - PRODUCE SAFETY EQUIPMENT, TOOLS, BUILDINGS AND SANITATION › Section R3-10-1109 - Toilet Facilities; Adequacy; Accessibility

Current through Register Vol. 30, No. 28, July 12, 2024
A. The farm shall provide personnel with
				adequate, readily accessible toilet facilities, including toilet facilities
				readily accessible to growing areas during harvesting activities.
B. The farm's toilet facilities shall be
				designed, located, and maintained to:
1.
				Prevent contamination with human waste of covered produce, food contact
				surfaces, areas used for a covered activity, water sources, and water
				distribution systems;
2. Be
				directly accessible for servicing, be serviced and cleaned at a frequency
				sufficient to ensure suitability of use, and be kept supplied with toilet
				paper; and
3. Provide for the
				sanitary disposal of waste and toilet paper.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 11 - PRODUCE SAFETY EQUIPMENT, TOOLS, BUILDINGS AND SANITATION › Section R3-10-1110 - Hand-Washing Facilities; Appropriate Disposal of Waste

Current through Register Vol. 30, No. 28, July 12, 2024
A. The farm shall provide personnel with
				adequate, readily accessible hand-washing facilities during growing activities
				that take place in a fully-enclosed building, and during covered harvest,
				packing, or holding activities.
B.
				The farm's hand-washing facilities shall be furnished with all of the
				following:
1. Soap (or other surfactant, as
				appropriate);
2. Running water:
a. From a municipal water provider;
				or
b. That has no detectable
				generic
Escherichia coli
(
E. coli
) in 100
				milliliters (mL) of agricultural water used to wash hands. The use of untreated
				surface water is prohibited.
3. Adequate drying devices, such as single
				service towels, sanitary towel service, or electric hand dryers.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 11 - PRODUCE SAFETY EQUIPMENT, TOOLS, BUILDINGS AND SANITATION › Section R3-10-1111 - Sewage; Control and Disposal; Significant Events

Current through Register Vol. 30, No. 28, July 12, 2024
A. The farm shall dispose of sewage into an
				adequate sewage or septic system or through other adequate means.
B. The farm shall maintain sewage and septic
				systems in a manner that prevents contamination by known or reasonably
				foreseeable hazards that would impact covered produce, food contact surfaces,
				areas used for a covered activity, agricultural water sources, and agricultural
				water distribution systems.
C. The
				farm shall manage and dispose of leakages or spills of human waste in a manner
				that:
1. Prevents contamination of covered
				produce; and
2. Prevents or
				minimizes contamination of any of the following:
a. Food contact surfaces,
b. Areas used for a covered
				activity,
c. Agricultural water
				sources, or
d. Agricultural water
				distribution systems.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 11 - PRODUCE SAFETY EQUIPMENT, TOOLS, BUILDINGS AND SANITATION › Section R3-10-1112 - Trash, Litter and Waste; Conveyance, Storage and Disposal

Current through Register Vol. 30, No. 28, July 12, 2024
A. The farm shall convey, store, and dispose
				of trash, litter, and waste in order to both:
1. Minimize the potential for trash, litter,
				or waste to attract or harbor pests; and
2. Protect against contamination by known or
				reasonably foreseeable hazards that would impact covered produce, food contact
				surfaces, areas used for a covered activity, agricultural water sources, and
				agricultural water distribution systems.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 11 - PRODUCE SAFETY EQUIPMENT, TOOLS, BUILDINGS AND SANITATION › Section R3-10-1113 - Plumbing; Adequacy of Size and Design

Current through Register Vol. 30, No. 28, July 12, 2024
A farm's plumbing shall be of an adequate size and design and
				  be adequately installed and maintained to:
1. Distribute water under pressure as needed,
				in sufficient quantities, in all areas where used for covered activities, for
				sanitary operations, or for hand-washing and toilet facilities;
2. Properly convey sewage and liquid
				disposable waste;
3. Avoid being a
				source of contamination to covered produce, food contact surfaces, areas used
				for a covered activity, or agricultural water sources; and
4. Prevent backflow from, or cross connection
				between, piping systems that discharge waste water or sewage and piping systems
				that carry water used for a covered activity, for sanitary operations, or for
				use in hand-washing facilities.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 11 - PRODUCE SAFETY EQUIPMENT, TOOLS, BUILDINGS AND SANITATION › Section R3-10-1114 - Control of Animal Excreta from Domesticated Animals

Current through Register Vol. 30, No. 28, July 12, 2024
If the farm has domesticated animals, to prevent
				  contamination with animal waste, of covered produce, food contact surfaces,
				  areas used for a covered activity, agricultural water sources, or agricultural
				  water distribution systems, the farm shall both:
1. Adequately control their excreta and
				litter, and
2. Maintain a system
				for control of animal excreta and litter.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 11 - PRODUCE SAFETY EQUIPMENT, TOOLS, BUILDINGS AND SANITATION › Section R3-10-1115 - Equipment, Tools, Buildings and Sanitation; Recordkeeping

Current through Register Vol. 30, No. 28, July 12, 2024
A. The farm shall
				establish and keep records required under this Article in accordance with the
				requirements of Article 14 of this Chapter.
B. The farm shall establish and keep
				documentation of the date and method of cleaning and sanitizing of equipment
				subject to this Article used in both:
1.
				Growing operations for sprouts; and
2. Covered harvesting, packing, or holding
				activities.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 12 - PRODUCE SAFETY SPROUTS › Section R3-10-1201 - Sprouts; Incorporation of Federal Regulations

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department incorporates by reference
				21 CFR 112, Subpart M, as published in 80 FR 74353 on November 27, 2015, and no
				later amendments or editions.
B.
				These sections apply to growing, harvesting, packing and holding of all
				sprouts, except soil- or substrate-grown sprouts harvested without their roots.
				The incorporated material is on file with the Arizona Department of Agriculture
				at 1688 W. Adams Street, Phoenix, AZ 85007.
C. The incorporated material, developed by
				the U.S. Food and Drug Administration, Department of Health and Human Services,
				is available from the U.S. Government Publishing Office, 732 North Capitol
				Street, NW, Washington, DC 20401-001. The incorporated material can be ordered
				online by visiting the U.S. Government Online Bookstore at
https://bookstore.gpo.gov
or is
				available free of charge at
http://gpo.gov
(electronic code of federal regulations).
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 13 - PRODUCE SAFETY ANALYTICAL METHODS › Section R3-10-1301 - Analytical Methods; Incorporation of Federal Regulations

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department incorporates by reference
				21 CFR 112, Subpart N, as published in 80 FR 74353 on November 27, 2015, and no
				later amendments or editions.
B.
				These sections apply to methods to test agricultural water for specific
				microbial quality to ensure the water is consistently safe and of adequate
				sanitary quality for its intended use. The incorporated material is on file
				with the Arizona Department of Agriculture at 1688 W. Adams Street, Phoenix, AZ
				85007.
C. The incorporated
				material, developed by the U.S. Food and Drug Administration, Department of
				Health and Human Services, is available from the U.S. Government Publishing
				Office, 732 North Capitol Street, NW, Washington, DC 20401-001. The
				incorporated material can be ordered online by visiting the U.S. Government
				Online Bookstore at
https://bookstore.gpo.gov
or is
				available free of charge at
http://gpo.gov
(electronic code of federal regulations).
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 14 - PRODUCE SAFETY RECORDS › Section R3-10-1401 - Definition

Current through Register Vol. 30, No. 28, July 12, 2024
Unless the context otherwise requires, "electronic record"
				  means any combination of text, graphics, data, audio, pictorial, or other
				  information representation in digital form that is created, modified,
				  maintained, archived, retrieved, or distributed by a computer
				  system.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 14 - PRODUCE SAFETY RECORDS › Section R3-10-1402 - Recordkeeping; Signature by Responsible Party

Current through Register Vol. 30, No. 28, July 12, 2024
A. Except as otherwise specified, all records
				required under Articles 2 through 17 of this Chapter shall:
1. Include, as applicable, all of the
				following:
a. The name and location of the
				farm;
b. Actual values and
				observations obtained during monitoring;
c. An adequate description, such as the
				commodity name, or the specific variety or brand name of a commodity, and, when
				available, any lot number or other identifier, of covered produce applicable to
				the record;
d. The location of a
				growing area or other area, such as a specific packing shed, applicable to the
				record; and
e. The date and time of
				the activity documented.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 14 - PRODUCE SAFETY RECORDS › Section R3-10-1403 - Records; Off-Site Storage and Electronic Records

Current through Register Vol. 30, No. 28, July 12, 2024
A. Offsite storage of records is permitted if
				the records can be retrieved and provided onsite within 24 hours of request for
				official review.
B. Electronic
				records are considered to be onsite at a farm if they are accessible from an
				onsite location at the farm.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 14 - PRODUCE SAFETY RECORDS › Section R3-10-1404 - Existing Records; Duplication; Supplementation

Current through Register Vol. 30, No. 28, July 12, 2024
A. Existing records that are kept to comply
				with other federal, state, or local laws, or for any other reason, do not need
				to be duplicated if they contain all of the required information and satisfy
				the requirements of Articles 2 through 17 of this Chapter. Existing records may
				be supplemented as necessary to include all of the required information and
				satisfy the requirements of Articles 2 through 17 of this Chapter.
B. The information required by Articles 2
				through 17 of this Chapter does not need to be kept in one set of records. If
				existing records contain some of the required information, any new information
				required by Articles 2 through 17 of this Chapter may be kept either separately
				or combined with the existing records.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 14 - PRODUCE SAFETY RECORDS › Section R3-10-1405 - Period for Maintenance of Records

Current through Register Vol. 30, No. 28, July 12, 2024
A. A farm shall keep records required by this
				Article for at least two years past the date the record was created.
B. Farms that have a qualified exemption
				shall retain records that the farm relies on during the three-year period
				preceding the applicable calendar year to satisfy the criteria for a qualified
				exemption, in accordance with R3-10-403 and R3-10-405. Records supporting a
				qualified exemption shall be retained as long as necessary to support the
				farm's status during the applicable calendar year.
C. Records that relate to the general
				adequacy of the equipment or processes or records that relate to analyses,
				sampling, or action plans being used by a farm, including the results of
				scientific studies, tests, and evaluations, shall be retained at the farm for
				at least two years after the use of that equipment or processes, or records
				related to analyses, sampling, or action plans, is discontinued.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 14 - PRODUCE SAFETY RECORDS › Section R3-10-1406 - Records; Acceptable Formats

Current through Register Vol. 30, No. 28, July 12, 2024
A farm shall keep records as either:
1. Original records;
2. True copies, such as photocopies,
				pictures, scanned copies or other accurate reproductions of the original
				records; or
3. Electronic
				records.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 14 - PRODUCE SAFETY RECORDS › Section R3-10-1407 - Availability and Accessibility of Records to Department

Current through Register Vol. 30, No. 28, July 12, 2024
A. A farm shall have all records required
				under this Article readily available and accessible during the retention period
				for inspection and copying by an authorized employee or agent of the Department
				upon oral or written request, except that the farm shall have 24 hours to
				obtain records it keeps offsite and make them available and accessible to an
				authorized employee or agent of the Department for inspection and
				copying.
B. If the farm uses
				electronic techniques to keep records, or to keep true copies of records, or if
				the farm uses reduction techniques to keep true copies of records, it shall
				provide the records to an authorized employee or agent of the Department in a
				format in which the records are accessible and legible.
C. If the farm is closed for a prolonged
				period, the records may be transferred to some other reasonably accessible
				location but shall be returned to the farm within 24 hours for official review
				upon request.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 14 - PRODUCE SAFETY RECORDS › Section R3-10-1408 - Disclosure of Records to Outside Parties

Current through Register Vol. 30, No. 28, July 12, 2024
Records obtained by an authorized employee or agent of the
				  Department are subject to disclosure pursuant to A.R.S. §
									3-525.06.
A.
Documents, data and records
				received by the department and employees and agents of the department from a
				farm under this Article are public records and are subject to disclosure as
				provided by law, except for:
1.
Trade secrets, the disclosure of which would give an unfair advantage
				to competitors or would otherwise cause substantial harm to the farm's
				competitive position.
2.
Financial information.
3.
Documents, data and records
				derived from inspections and investigations under this
				Article.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 15 - PRODUCE SAFETY VARIANCES › Section R3-10-1501 - Request for Variance; Method of Request; Required Information

Current through Register Vol. 30, No. 28, July 12, 2024
A. An entity
				located or conducting business in this state that is subject to regulation
				under Articles 2 through 17 of this Chapter may request a variance from one or
				more requirements by submitting an application to the Department demonstrating
				that both of the following apply:
1. The
				variance is necessary in light of local growing conditions; and
2. The procedures, processes, and practices
				to be followed under the variance are reasonably likely to ensure that the
				produce is not adulterated under Section 402 of the Federal Food, Drug, and
				Cosmetic Act and provide the same level of public health protection as the
				requirements of Articles 2 through 17 of this Chapter.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 16 - PRODUCE SAFETY INSPECTIONS, VIOLATIONS AND ENFORCEMENT › Section R3-10-1601 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
These words are defined for use in this Article, unless the
				  context otherwise requires:
1.
				"Egregious violation" means a practice, condition, or situation on a farm that
				is substantially likely to lead to serious adverse health consequences or death
				from the consumption of or exposure to covered produce.
2. "Grower-shipper" means a person who is
				engaged in this state in the business of packing, shipping, transporting or
				selling covered produce of which the person is a grower, producer or
				owner.
3. "Imminent public health
				hazard violation" means a practice, condition or situation on a farm or in a
				packing house that, if corrective action is not taken immediately, is
				substantially likely to lead to a potential source of contamination that may
				cause serious adverse health consequences or death from the consumption of or
				exposure to covered produce.
4.
				"Major violation" means a practice, condition or situation on a farm or in a
				packing house that, if corrective action is not taken, may increase the risk of
				contamination to covered produce.
5. "Minor violation" means a practice,
				condition or situation on a farm or in a packing house that will not increase
				the risk of contamination to covered produce.
6. "Regulated person" means a grower,
				grower-shipper, harvester, packer, cooler or holder that is a farm, as defined
				in R3-10-201 and is subject to any of the requirements of Articles 2 through 17
				of this Chapter.
7. "Significant
				violation" means a practice, condition or situation on a farm or in a packing
				house that, if corrective action is not taken, is reasonably likely to increase
				the risk of contamination to covered produce.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 16 - PRODUCE SAFETY INSPECTIONS, VIOLATIONS AND ENFORCEMENT › Section R3-10-1602 - Inspection; Procedure; Conduct

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department shall conduct inspections
				pursuant to the procedure outlined in A.R.S. §
									41-1009.
B. The designated representative of the farm
				shall provide information at the time of the inspection regarding known
				entities associated with the farm that are subject to inspection.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 16 - PRODUCE SAFETY INSPECTIONS, VIOLATIONS AND ENFORCEMENT › Section R3-10-1603 - Initial Inspection

Current through Register Vol. 30, No. 28, July 12, 2024
A. For
				an initial inspection, if the inspector observes a condition indicating the
				regulated person is not in compliance, and the condition is not egregious or an
				imminent health hazard, the inspector may provide outreach and education
				resources as appropriate for:
1.
				Training;
2. Guidance
				documents;
3. Technical assistance
				network; and
4. On-farm direct
				technical assistance.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 16 - PRODUCE SAFETY INSPECTIONS, VIOLATIONS AND ENFORCEMENT › Section R3-10-1604 - Routine Inspection, Reinspection, or For Cause Inspection

Current through Register Vol. 30, No. 28, July 12, 2024
A. For a routine
				inspection, reinspection or for cause inspection, if the inspector observes
				conditions that will not cause produce contamination, but require corrective
				action, the inspector may take any of the following actions:
1. Discuss observed conditions with the
				designated representative;
2.
				Document findings on the inspection form;
3. Agree on a timeline for corrective actions
				and preventative measures; or
4.
				Determine if any further training, guidance documents or technical assistance
				is necessary.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 16 - PRODUCE SAFETY INSPECTIONS, VIOLATIONS AND ENFORCEMENT › Section R3-10-1605 - Egregious Violation

Current through Register Vol. 30, No. 28, July 12, 2024
The following is a nonexclusive list of practices, conditions
				  or situations on a farm that is substantially likely to lead to serious adverse
				  health consequences or death from the consumption of or exposure to covered
				  produce. A regulated person shall not:
1. Allow the harvest, packing or distribution
				of covered produce that is visibly contaminated with animal or human
				excreta;
2. Allow the harvest,
				packing or distribution of covered produce that is visibly contaminated with
				sewage, or the contents of a septic system or toilet facilities; or
3. Allow the harvest, packing or distribution
				of covered produce that has had raw manure in direct contact with the edible
				portion of the plant.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 16 - PRODUCE SAFETY INSPECTIONS, VIOLATIONS AND ENFORCEMENT › Section R3-10-1606 - Imminent Public Health Hazard Violation

Current through Register Vol. 30, No. 28, July 12, 2024
The following is a nonexclusive list of practices, conditions
				  or situations on a farm that, if corrective action is not taken immediately,
				  are substantially likely to lead to a potential source of contamination that
				  may cause serious adverse health consequences or death from the consumption of
				  or exposure to covered produce. A regulated person shall not:
1. Allow the harvest, packing or distribution
				of covered produce that is substantially likely to be contaminated with animal
				or human excreta;
2. Allow the
				harvest, packing or distribution of covered produce that is reasonably likely
				to be contaminated with sewage, or the contents of a septic system or toilet
				facilities; or
3. Allow the
				harvest, packing or distribution of covered produce that has had raw manure in
				direct contact with the edible portion of the plant.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 16 - PRODUCE SAFETY INSPECTIONS, VIOLATIONS AND ENFORCEMENT › Section R3-10-1607 - Significant Violation

Current through Register Vol. 30, No. 28, July 12, 2024
The following is a nonexclusive list of practices, conditions
				  or situations on a farm that, if corrective action is not taken, are reasonably
				  likely to increase the risk of contamination to covered produce. A regulated
				  person shall not:
1. Use measures that
				fail to prevent contamination of covered produce and food contact surfaces with
				undesirable microorganisms of public health significance from a person with an
				applicable health condition;
2.
				Allow the use of improper hygienic practices by personnel who handle or contact
				covered produce or food contact surfaces;
3. Use untreated, improperly treated or
				contaminated biological soil amendments of animal origin;
4. Allow the harvest of covered produce that
				is reasonably likely to be contaminated with known or reasonably foreseeable
				hazards as the result of an animal intrusion;
5. Clean equipment and tools in a manner that
				fails to protect covered produce from being contaminated with known or
				reasonably foreseeable hazards;
6.
				Dispose of waste from toilet facilities, in a manner that fails to protect
				covered produce, food contact surfaces, agricultural water sources, or
				agricultural water distribution systems from being contaminated with known or
				reasonably foreseeable hazards;
7.
				Improperly manage grazing animals, working animals and domestic animals on
				areas where covered activities occur; or
8. Improperly dispose of sewage or improperly
				control sewage in a manner that fails to protect covered produce, food contact
				surfaces, agricultural water sources, or agricultural water distribution
				systems from being contaminated with known or reasonably foreseeable
				hazards.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 16 - PRODUCE SAFETY INSPECTIONS, VIOLATIONS AND ENFORCEMENT › Section R3-10-1608 - Major Violation

Current through Register Vol. 30, No. 28, July 12, 2024
The following is a nonexclusive list of practices, conditions
				  or situations on a farm that, if corrective action is not taken, may increase
				  the risk of contamination to covered produce. A regulated person shall
				  not:
1. Store or maintain packaging
				materials in a manner that fails to protect covered produce from being
				contaminated by known or reasonably foreseeable hazards;
2. Store or maintain equipment and tools in a
				manner that fails to protect covered produce from being contaminated by known
				or reasonably foreseeable hazards;
3. Allow personnel to perform assigned duties
				without adequate or appropriate training;
4. Allow personnel to perform assigned duties
				without proper food safety apparel or hair restraints;
5. Allow visitors to contaminate covered
				produce or food contact surfaces by known or reasonably foreseeable
				hazards;
6. Allow a person with an
				applicable health condition to handle or contact covered produce or food
				contact surfaces;
7. Allow a person
				who has not properly used toilet or hand washing facilities to handle or
				contact covered produce or food contact surfaces;
8. Dispose of trash from hand washing
				facilities in a manner that fails to protect covered produce, food contact
				surfaces, agricultural water sources, or agricultural water distribution
				systems from being contaminated with known or reasonably foreseeable
				hazards;
9. Improperly control or
				improperly dispose of trash, litter and waste in areas used for covered
				activities;
10. Improperly control
				or improperly dispose of trash from toilet and hand washing facilities in areas
				not used for covered activities, but in areas that are part of the
				farm;
11. Improperly maintain and
				service toilet facilities to ensure suitability of use;
12. Improperly maintain and service hand
				washing facilities to ensure suitability of use;
13. Improperly control pests in buildings in
				a manner that fails to protect covered produce from being contaminated by known
				or reasonably foreseeable hazards; or
14. Complete records prior to the documented
				activity being performed.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 16 - PRODUCE SAFETY INSPECTIONS, VIOLATIONS AND ENFORCEMENT › Section R3-10-1609 - Minor Violation

Current through Register Vol. 30, No. 28, July 12, 2024
The following is a nonexclusive list of practices, conditions
				  or situations on a farm that will not increase the risk of contamination to
				  covered produce. A regulated person shall:
1. Store and maintain complete records for
				the proper time period as required by Articles 4 through 14 of this Chapter;
				and
2. Control and properly dispose
				of litter in areas not used for covered activities but in areas that are part
				of the farm.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 16 - PRODUCE SAFETY INSPECTIONS, VIOLATIONS AND ENFORCEMENT › Section R3-10-1610 - Unlisted Violation; Classification

Current through Register Vol. 30, No. 28, July 12, 2024
The Department shall classify a violation of Articles 4
				  through 14 of this Chapter or of A.R.S. Title 3, Chapter 3, Article 4.1, not
				  specifically listed as egregious, imminent health hazard, significant, major or
				  minor violation, according to the nature and urgency of the violation and the
				  risk to public health and safety.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 16 - PRODUCE SAFETY INSPECTIONS, VIOLATIONS AND ENFORCEMENT › Section R3-10-1611 - Violation; Reclassification; Factors

Current through Register Vol. 30, No. 28, July 12, 2024
A significant, major or minor violation may be classified as
				  a higher or lower violation based on the nature and urgency of the violation
				  and the risk to public health and safety.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 16 - PRODUCE SAFETY INSPECTIONS, VIOLATIONS AND ENFORCEMENT › Section R3-10-1612 - Aggravating and Mitigating Circumstances; Factors

Current through Register Vol. 30, No. 28, July 12, 2024
A. Depending on any aggravating circumstances
				surrounding a significant, major or minor violation, such as intentional
				conduct or inaction that results in failure to maintain standards, the
				violation may be classified as a higher violation.
B. A violation may be classified as a lower
				violation, or in the case of a minor violation, be classified as no violation,
				depending on any mitigating circumstances surrounding a significant, major or
				minor violation. Mitigating circumstances may include: correcting a violation
				at the time of inspection; immediately addressing or providing a remedy for the
				violation; conducting immediate onsite retraining; or implementing additional
				measures or practices.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 16 - PRODUCE SAFETY INSPECTIONS, VIOLATIONS AND ENFORCEMENT › Section R3-10-1613 - Repeat Violations; Penalty

Current through Register Vol. 30, No. 28, July 12, 2024
A. During a routine inspection, reinspection
				or for cause inspection, if the inspector observes conditions indicating the
				regulated person has been previously notified of the same or similar violation,
				the inspector may take any of the following actions:
1. Discuss observed conditions with the
				regulated person;
2. Document
				findings on the inspection form;
3.
				Determine a timeline for corrective actions and preventative measures;
				or
4. Forward the findings to the
				Associate Director to determine if any other enforcement action is
				necessary.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 16 - PRODUCE SAFETY INSPECTIONS, VIOLATIONS AND ENFORCEMENT › Section R3-10-1614 - Civil Penalties

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				Director may assess a civil penalty of up to:
1. $1,000 for each egregious violation;
				and
2. $750 for each imminent
				public health hazard violation.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 16 - PRODUCE SAFETY INSPECTIONS, VIOLATIONS AND ENFORCEMENT › Section R3-10-1615 - Violation; Appeal

Current through Register Vol. 30, No. 28, July 12, 2024
A person who violates Articles 2 through 17 of this Article
				  or rules adopted pursuant to Articles 2 through 17 of this Article may request
				  a hearing before an administrative law judge pursuant to A.R.S. Title 41,
				  Chapter 6, Article 10. The decision of the administrative law judge is subject
				  to review by the Director as provided by A.R.S. Title 41, Chapter 6, Article
				  10.
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 17 - PRODUCE SAFETY WITHDRAWAL OF QUALIFIED EXEMPTION › Section R3-10-1701 - Withdrawal of Qualified Exemption; Incorporation of Federal Regulations

Current through Register Vol. 30, No. 28, July 12, 2024
A. The Department
				incorporates by reference 21 CFR 112(R), as published in 80 FR 74353 on
				November 27, 2015, and no later amendments or editions.
B. These sections apply to the process for
				the FDA to withdraw a qualified exemption. A qualified exemption may be granted
				to a farm based on average annual monetary value of all food sold and direct
				farm marketing. A qualified exemption may be withdrawn based on specific
				circumstances outlined in 21 CFR 112, Subpart R. The incorporated material is
				on file with the Arizona Department of Agriculture at 1688 W. Adams Street,
				Phoenix, AZ 85007.
C. The
				incorporated material, developed by the U.S. Food and Drug Administration,
				Department of Health and Human Services, is available from the U.S. Government
				Publishing Office, 732 North Capitol Street, NW, Washington, DC 20401-001. The
				incorporated material can be ordered online by visiting the U.S. Government
				Online Bookstore at
https://bookstore.gpo.gov
or is
				available free of charge at
http://gpo.gov
(electronic code of federal regulations).
Arizona Administrative Code › Title 3 - AGRICULTURE › Chapter 10 - DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION › Article 17 - PRODUCE SAFETY WITHDRAWAL OF QUALIFIED EXEMPTION › Section R3-10-1702 - Withdrawal of Qualified Exemption; FDA

Current through Register Vol. 30, No. 28, July 12, 2024
A. The FDA may withdraw a farm's qualified
				exemption pursuant to 21 CFR 112(R). For example, an exemption may be withdrawn
				by FDA:
1. In the event of an active
				investigation of a foodborne illness outbreak that is directly linked to the
				farm.
2. If FDA determines that it
				is necessary to protect the public health and prevent or mitigate a foodborne
				illness outbreak based on conduct or conditions associated with the qualified
				farm that are material to the safety of the food that would otherwise be
				covered produce grown, harvested, packed or held at the
				farm.