Arizona Revised Statutes Title 3 - Agriculture
Chapter 1 AGRICULTURAL ADMINISTRATION
Article 1 Department of Agriculture
- § 3-101 Definitions
In this title, unless the context otherwise requires: 1. " Department" means the Arizona department of agriculture. 2. " Director" means the director of...
- § 3-102 Department Organization
(L04, Ch. 301, sec. 1. Eff. until 7/1/16) A. The Arizona department of agriculture is established consisting of the following divisions: 1. The animal...
- § 3-102; Version 2 Department Organization
(L15, Ch. 244, sec. 3. Eff. 7/1/16) A. The Arizona department of agriculture is established consisting of the following divisions: 1. The animal services...
- § 3-103 Director; Search Committee; Qualifications; Deputy Director And Associate And Assistant Directors; Legal Counsel
A. The governor shall appoint a director of the department pursuant to section 38-211 to serve at the pleasure of the governor. B. The...
- § 3-104 Advisory Council
A. The governor shall appoint a department of agriculture advisory council consisting of five members appointed to terms of five years. A member may...
- § 3-105 Division Council
A. The director may appoint a division council within any division of the department, and shall appoint an animal services division council, consisting of...
- § 3-106 Advisory Committees
A. The director or, by delegation, the associate director of a division may appoint ad hoc advisory committees to consider, assist and make recommendations...
- § 3-107 Organizational And Administrative Powers And Duties Of The Director
A. The director shall: 1. Formulate the program and policies of the department and adopt administrative rules to effect its program and policies. 2....
- § 3-108 Administrative Support Fund; Use; Exemption
A. A department of agriculture administrative support fund is established. All monies collected pursuant to any interagency agreement with the department pursuant to section...
- § 3-109 Unlawful Influence; Classification
A. An officer, inspector or other employee of this state authorized to perform any of the duties prescribed by this title who knowingly accepts...
- § 3-109.01 Agricultural Consulting And Training Program
A. The director shall develop and implement an agricultural consulting and training program using on-site visits to establishments that are regulated under this title...
- § 3-109.02 Office Of Commodity Development And Promotion; Fees; Commodity Promotion Fund; Definition
A. The office of commodity development and promotion shall provide for programs to stimulate, educate, encourage and foster the production and consumption of Arizona...
Article 2 Agricultural Protection Act
Article 3 Agricultural Extension Work
Article 4 State Agricultural Laboratory
Article 5 Historic Agriculture Recognition
Chapter 2 REGULATORY PROVISIONS
Article 1 Dangerous Plant Pests and Diseases
- § 3-201 Definitions
In this article, unless the context otherwise requires: 1. " Associate director" means the associate director of the division. 2. " Diseases" includes any...
- § 3-201.01 Associate Director; Powers And Duties
A. The associate director may, as authorized by the director: 1. Quarantine, treat, eradicate, destroy or reject out of state pests and all plants...
- § 3-202 Infested Or Infected Plants As Public Nuisances
All plants, soil and other things found infested or infected with a crop pest or disease or which are the host or carrier or...
- § 3-203 Quarantine Of Infected And Diseased Plants; Notice; Hearing
A. When a plant or any other thing is found infested or infected by or to contain or harbor a crop pest or disease,...
- § 3-204 Summary Abatement Of Imminently Dangerous Nuisance; Procedure; Expense; Lien; Public Sale; Reimbursement Costs And Penalties To State For Certain Abatements; Civil Penalty
A. If, in the opinion of the director, the danger to the agricultural and horticultural industry of the state is imminent if the nuisance...
- § 3-204.01 Council Plow-Up Request; Civil Penalty
A. At the request of the cotton research and protection council, the director, acting as an agent of the council, shall plow up cotton...
- § 3-205 Abatement Of Nuisance Not Imminently Dangerous; Procedure; Lien; Foreclosure; Release Of Lien; Reimbursement Costs And Penalties To State For Certain Abatements; Civil Penalty
A. If the director believes the danger to the agricultural and horticultural industry is not imminent, or if impractical for any reason to summarily...
- § 3-205.01 Summary Abatement Of Noxious Weeds, Crop Pests Or Diseases Under Preapproved Programs
The director may treat, spray, control, suppress or eradicate noxious weeds, crop pests or diseases through a countywide, area-wide or statewide program or programs...
- § 3-205.02 Regulating Production Of Colored Cotton; Civil Penalties
A. The director may adopt rules to regulate the production of colored cotton. The rules shall include registering producers, production requirements, field separation, cotton...
- § 3-206 Destruction Of Noninfected Crops On Abatement Of Nuisance; Procedure; Hearing; Evidence
A. If the plants constituting the nuisance consist of growing crops, trees, orchards, vines or shrubbery, and the infestation or infection is by a...
- § 3-207 Crop Pest Or Disease Menacing State; Notice Of Hearing; Publication
A. When a crop pest or disease is discovered within this state, or any section of an adjoining state or country, which the director...
- § 3-208 Hearing On Plant Menace; Evidence; Quarantine Zones; Violation
A. Any interested party may be heard at the hearing, either in person or by attorney. The department shall preserve a written record of...
- § 3-209 Quarantines; Notice To Common Carriers; Duty To Hold For Inspection; Certificate Of Release; Inspection
A. When the director believes the importation from designated countries, states or localities of specified varieties of plants, fruits, vegetables, seeds, soil or agricultural...
- § 3-210 Destruction Of Infected Shipments
A. When a shipment of any plant, plant product, soil or other thing imported or brought into the state is found to be infested...
- § 3-211 Imported Nursery Stock; Labeling; Certificate Of Inspection
Nursery stock shipped into this state from another state or country shall be prominently labeled with the name and address of both the shipper...
- § 3-212 Infested Plants; Sale Or Transportation Prohibited; Disposition Of Infested Or Wormy Apples And Pears
A. It is unlawful to offer for sale, sell, give away or transport, except from the state as provided in section 3-211, plants, fruits,...
- § 3-213 Concealment Of Plants Or Agricultural Products
It is unlawful for a person to conceal from a quarantine officer any plant or plant product or to fail to present such plant...
- § 3-214 Failure To Stop At Inspection Station
It is unlawful for a person in possession or in control of a vehicle to fail to stop the vehicle at a properly signed...
- § 3-214.01 Dangerous Plants, Pests And Diseases Trust Fund
A. A dangerous plants, pests and diseases trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established...
- § 3-215 Violations; Classification
A. It is unlawful to knowingly refuse or fail to comply with any rule or order adopted by the director to protect the agricultural...
- § 3-215.01 Violation; Civil Penalty
A. A person who knowingly transports or causes the transportation of a crop pest or crop disease into this state is subject to a...
- § 3-216 Enforcement Powers Of Deputy, Inspector Or Agent; Cooperation
A. When any power or authority is given by any provision of this article to the director, it may be exercised by any deputy,...
- § 3-217 Nursery Or Nursery Stock Certification; Fee; Denial, Revocation Or Suspension; Hearing
A. The associate director shall: 1. Establish a nursery certification program. 2. By rule, set and collect a variable fee for each nursery or...
- § 3-218 Citrus Budwood Certification; Fee
A. The director may direct a state citrus budwood certification program. Under the program, inspectors may: 1. Monitor the fumigation of blocks of citrus...
Article 1.1 Joint Exercise of Powers
Article 2 Seeds
- § 3-231 Definitions
In this article, unless the context otherwise requires: 1. " Advertisement" means all representations, other than those on the label, made in any manner...
- § 3-232 Enforcement Of Article
A. The director shall enforce the provisions of this article. The director shall: 1. Sample, inspect, analyze and test agricultural, vegetable and ornamental plant...
- § 3-233 Powers And Duties; Fees; Penalty
A. For the purpose of carrying out this article, the director may: 1. In order to have access to seeds and the records pertaining...
- § 3-234 Seed Law Trust Fund
A. A seed law trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article....
- § 3-235 Seed Dealer And Labeler Licenses; Fee; Exception
A. An Arizona seed dealer or an out-of-state seed dealer who sells, distributes, processes or mixes for the use of others any agricultural, vegetable...
- § 3-236 Retention Of Invoices And Records
Each person whose name appears on the label of and handles agricultural and vegetable seeds subject to this article shall keep for a period...
- § 3-237 Label Requirements; Rules
The director shall adopt rules to specify labeling requirements for each container of agricultural, vegetable and ornamental plant seed sold, offered for sale, exposed...
- § 3-238 Cease And Desist Order; Appeal
A. The director may issue and enforce a written cease and desist order to the owner or custodian of any lot of agricultural, vegetable...
- § 3-239 Seizure And Disposition Of Noncomplying Seed
A. Any lot of agricultural, vegetable or ornamental plant seed not in compliance with the provisions of this article is subject to seizure upon...
- § 3-240 Prosecutions; Classification; Publication Of Results; Injunction
A. Any person violating any provision of this article is guilty of a petty offense. B. A person who violates any provision of this...
- § 3-241 Exemptions; Exceptions
A. The provisions of sections 3-237 and 3-242 do not apply: 1. To seed or grain not intended for sowing purposes. 2. To seed...
- § 3-242 Violations; Civil Penalties
A. The director may assess a civil penalty of at least fifty dollars but not more than three hundred dollars for each violation, with...
- § 3-243 Seed Labeling Regulation; State Preemption
The regulation and use of seeds are of statewide concern. The regulation of seeds pursuant to this article and their use is not subject...
Article 3 Fertilizer Materials
- § 3-261 Applicability Of Article
The provisions of this article shall apply to any substance or mixture of substances intended to be used for promoting or stimulating the growth...
- § 3-262 Definitions
A. As used in this article the substances and mixtures of substances referred to in section 3-261 are defined as follows: 1. " Animal...
- § 3-263 Fertilizer Labeling Regulation; State Preemption
The provisions of this article and the rules that implement this article are of statewide concern. The labeling of fertilizers and other substances regulated...
- § 3-264 Enforcement And Administrative Powers
A. The associate director may refuse to license or may cancel the license of any distributor who violates any provision of this article. The...
- § 3-265 Rules; Advisory Committee
A. If before adopting rules pursuant to this article, the director determines that it is necessary or desirable, the director may appoint an advisory...
- § 3-266 Annual Reports And Publications; Membership In Professional Organizations
A. The director may provide for publishing at such times and in such form as the director deems proper information concerning the sale of...
- § 3-267 Inspections; Official Samples; Analysis; Report
A. The director, who may act through an authorized agent, shall sample, inspect and make analyses of fertilizer materials distributed within the state at...
- § 3-268 Inspection Fees And Reports; Violations; Classification
A. An inspection fee at the rate of twenty cents per ton shall be paid to the department on commercial fertilizers distributed in this...
- § 3-269 Fertilizer Materials Trust Fund
A. The fertilizer materials trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article....
- § 3-271 Restrictions Upon Enforcing Officers
No person charged with the enforcement of any of the provisions of this article shall be directly or indirectly interested in the sale, manufacture...
- § 3-272 Commercial Fertilizer License; Specialty Fertilizers
A. No person may manufacture or distribute commercial fertilizer in this state without a commercial fertilizer license from the division, except that no license...
- § 3-273 Labeling
A. Any commercial fertilizer offered for sale, sold or distributed in this state in bags, barrels or other containers shall have placed on or...
- § 3-274 Label As Warranty
Any label or descriptive tag attached to a lot, parcel or package of commercial fertilizer, agricultural mineral or other fertilizer material carrying a chemical...
- § 3-275 Guaranteed Analysis Required In Licensing And Labeling
A. The guaranteed analysis of a commercial fertilizer shall state the represented percentages of nitrogen, available phosphate and soluble potash if claimed. The percentage...
- § 3-276 Deficiencies In Guaranteed Analysis; Penalties Payable To Consumer
A. If the analysis of any fertilizer material shows a deficiency in any constituent other than a primary plant nutrient of not more than...
- § 3-278 Materials Containing Unavailable Plant Food And Undesirable Substances
A. No person shall sell as a commercial fertilizer or as an ingredient thereof any leather, hair, hoofs, horns, wool waste or other substances...
- § 3-279 Cease And Desist Order
A. If the director has reasonable cause to believe from investigation that any fertilizer material is being offered or exposed for sale in violation...
- § 3-280 Seizure, Condemnation And Sale Of Noncomplying Materials
Any lot of fertilizer material not in compliance with the provisions of this article shall be subject to seizure upon complaint of the director...
- § 3-281 False Or Misleading Statements
It is unlawful to distribute a misbranded fertilizer material. A fertilizer material is misbranded if it carries any false or misleading statement upon or...
- § 3-282 Short Weight
If any fertilizer material in the possession of the consumer is found by the director to be short in weight, the licensee or distributor...
- § 3-283 Violations; Notice; Criminal Classification; Injunctive Relief
A. If it appears from the examination of any fertilizer material that any of the provisions of this article or the rules adopted under...
- § 3-284 Exchanges Between Manufacturers
Nothing in this article shall be construed to restrict or avoid sales or exchanges of fertilizer materials to each other by importers, manufacturers or...
Article 4 Arizona Organic Food Certification Program
Article 5 Pesticides
Article 6 Pesticide Control
- § 3-361 Definitions
In this article, unless the context otherwise requires: 1. " Associate director" means the associate director of the division. 2. " De minimis violation"...
- § 3-362 Powers And Duties
A. The director is responsible for administering this article and shall: 1. Conduct investigations, on complaint and on his own initiative, regarding violations of...
- § 3-363 Rules
The director shall adopt rules to regulate pesticides that include provisions to: 1. Administer and implement this article. 2. Prescribe measures to control, monitor,...
- § 3-363.01 Reporting Requirements; Interagency Agreement
A. The director of the Arizona department of agriculture may enter into an interagency agreement with the department of environmental quality to allow the...
- § 3-364 Inspection Powers; Notice
A. The director may enter at reasonable times into or on or through any public or private property for the purpose of ascertaining compliance...
- § 3-365 Buffer Zones
A. The odoriferous pesticides profenofos, sulprofos, def and merphos and other pesticides with similar odoriferous characteristics shall not be applied within one-fourth mile of...
- § 3-366 Pesticide Management Areas
A. The director shall designate pesticide management areas. Pesticide management areas may be urban areas that are adjacent to farmlands and have a history...
- § 3-367 Private Right Of Action
A. Except as provided in subsection B of this section, any person having an interest that is or may be adversely affected may commence...
- § 3-367.01 Report Of Loss, Damage Or Nonperformance; Effect Of Failure To File
A. A person suffering loss, damage or nonperformance on any agricultural, ornamental or silvicultural crop resulting from the use or application by others of...
- § 3-367.02 Notification By Beekeepers Of Bees Located In A Commercial Agricultural Area
A. Before locating bees on an apiary site, the owner of the bees shall obtain the landowner's or lessee's permission and notify in writing...
- § 3-368 Enforcement; Consultation With Attorney General; Citations And Notices Of Violation
A. The director is responsible for enforcing this article and shall receive and shall promptly and efficiently process all complaints regarding pesticide use. The...
- § 3-370 Civil Penalty; Criminal Violation; Classification
A. A person who, after a hearing, is found to have caused a nonserious violation of any provision of this article or any rule...
- § 3-371 Cease And Desist Order
The director of the Arizona department of agriculture or the director of the department of health services may issue a cease and desist order...
- § 3-372 Emergency Use Of Pesticides
During a time when a person's license, permit, certificate or registration is under suspension or revocation or an order has been issued, a person...
- § 3-373 Annual Pesticide Report
The associate director shall submit an annual report to the director, the governor and the legislature on or before October 1 each year containing...
- § 3-374 Availability Of Information To The Public
A. Any records, reports or information obtained from any person under this article, including records, reports or information obtained or prepared by the department,...
- § 3-375 Preservation Of Rights
This article shall not be construed to abridge or alter causes of action or remedies under the common law or statutory law, criminal or...
- § 3-376 Discrimination Prohibited
A. No person may intimidate, threaten, restrain, coerce, blacklist, discharge or in any manner discriminate against any person because that person has filed a...
- § 3-377 Local Regulation
The provisions of this article and the rules which implement this article are of statewide concern and are not subject to further local regulation.
Article 6.1 Integrated Pest Management Program
- § 3-381 Integrated Pest Management Program
A. An integrated pest management program is established in the Arizona department of agriculture for the purposes of managing insects, diseases, nematodes, weeds and...
- § 3-382 Program Structure; Responsibilities
A. The integrated pest management program shall include programs for pest management and the impact of pest management in the following areas, listed in...
- § 3-383 Powers
The director may contract with any university or community college in this state for the planning, design and implementation of an integrated pest management...
Chapter 3 MARKETING OF AGRICULTURAL PRODUCTS
Article 1 Marketing Orders and Marketing Agreements
- § 3-401 Definitions
In this article, unless the context otherwise requires: 1. " Affected commodity" means the specific citrus, fruit or vegetable regulated pursuant to article 2...
- § 3-402 Policy Or Purpose
Marketing agricultural products of this state is in the public interest. The policy and purpose of this article are to promote the general welfare...
- § 3-403 Exemptions
This article shall not apply to article 2.1, 4.2 or 4.3 of this chapter.
- § 3-404 Marketing Order And Marketing Agreement Programs
A. A marketing order or marketing agreement applies to all producers and shippers included under the terms of the order or agreement. B. A...
- § 3-405 Contents Of A Marketing Order
A. A marketing order shall: 1. Describe the territory of this state to be regulated by the marketing order. 2. State the type of...
- § 3-406 Initiation Of The Marketing Order Process
A. To initiate or substantially change a marketing order, an affected person shall file a petition with the department signed by ten per cent...
- § 3-407 Official Department List
A. The department shall compile a list for the purposes of notice and referendum or written assent procedures. The list shall include the names...
- § 3-408 Public Meeting; Notice
A. A public meeting on the petition shall be held within sixty days after the department receives the petition. B. Notice shall be sent...
- § 3-409 Findings
A. Based on testimony received at the public meeting, the director may recommend to the petitioners that the proposed marketing order be modified. If...
- § 3-410 Election Procedures
A. For an election conducted by referendum, each affected person entitled to vote on the department list shall receive a ballot. The ballot shall...
- § 3-411 Adoption Of A Marketing Order
A. If an election is conducted by a referendum, the marketing order shall be adopted or substantially changed if either: 1. Forty per cent...
- § 3-412 Terminating A Marketing Order
A. The marketing order expires on the fifth anniversary of its effective date unless specified otherwise in the marketing order, terminated previously or reapproved....
- § 3-413 Marketing Commission; Appointment; Term
A. A marketing commission is composed of three to nine members with rotating terms of three years. Two-thirds of the members shall be appointed...
- § 3-414 Powers And Duties Of A Marketing Commission Or Marketing Committee
A. A marketing commission or marketing committee shall: 1. Collect, receive and disburse any monies to be used to administer a marketing order or...
- § 3-415 Administrative Services; Reimbursement
(L11, Ch. 77, sec. 10) A. The marketing commission or marketing committee may employ staff, at a rate of compensation determined by the commission...
- § 3-415; Version 2 Administrative Services; Reimbursement
(L11, Ch. 281, sec. 12) A. The marketing commission or marketing committee may employ staff, to serve at the pleasure of the commission or...
- § 3-416 Indemnification Of Marketing Commission Or Marketing Committee Members
Each member or employee of a marketing commission or marketing committee is indemnified by the commission or committee against reasonable costs and expenses, including...
- § 3-417 Assessments; Collection; Budget
A. The annual assessment rate shall not exceed five per cent of the annual gross sales dollar value of the affected commodity determined by...
- § 3-418 Failure To Pay Assessment; Penalty; Hearing; Violation; Classification
A. A person who is required to pay assessments pursuant to this article, a marketing order or a marketing agreement and who fails to...
- § 3-419 Deposit Of Assessments; Use On Termination
A. Monies collected pursuant to this article shall be deposited in the marketing commission's or marketing committee's accounts to be administered and disbursed by...
- § 3-420 Inspection And Enforcement
A. An inspector, discharging his duties, may enter every facility during operating hours or commercial vehicles in this state where an affected commodity is...
- § 3-421 Violations; Civil Penalties; Hearing; Court Action
A. A person who violates a marketing order or marketing agreement three times during a marketing season is subject to a civil penalty of...
- § 3-422 Records And Reports
A. The department may require affected persons to maintain records about their operation and furnish the records on request to the marketing commission, marketing...
- § 3-423 Payment Of Costs Of Hearing On A Marketing Order
If an affected person requests a hearing on a marketing order pursuant to title 41, chapter 6, article 10, the affected person shall pay...
- § 3-424 Initiation Of The Marketing Agreement Process; Contents
A. Two or more persons who produce or ship the affected commodity shall file an application with the director together with a filing fee...
- § 3-425 Public Meeting; Notice; Findings
A. At least five days but not more than twenty days after the application is filed with the department, the director, or the director's...
- § 3-426 Marketing Committee
If a marketing committee is established by the marketing agreement, the marketing committee shall be composed of three to nine signatories of the marketing...
- § 3-427 Application Of Marketing Order Provisions To Marketing Agreements
A. The voting requirements and termination provisions prescribed for marketing orders by this article do not apply to marketing agreements. B. Sections 3-417, 3-418,...
- § 3-428 Approval Of A Marketing Agreement; Amendments; Term
A. A marketing agreement applies only to producers and shippers who sign the marketing agreement and is effective on the approval of the director....
- § 3-429 Application Of Administrative Procedures Act
Title 41, chapter 6, article 10 applies to administrative procedures prescribed by this article.
- § 3-430 Transfer Of Property On Termination
All property, except monies, of a terminated commission or committee shall be transferred to the department. The department may use or convey the property...
Article 2 Citrus Fruit Standardization
- § 3-441 Definitions
In this article, unless the context otherwise requires: 1. " Bulk Lot" means citrus fruit that is not contained in a box, carton, crate...
- § 3-442 Purpose And Scope Of Article
A. Producing quality citrus fruit in this state is in the public interest. To enhance the potential for domestic and international marketing of citrus...
- § 3-443 Supervisors; Inspectors
A. This article and the rules adopted pursuant to this article shall be enforced by the supervisor of standardization. The supervisor, in addition to...
- § 3-444 Inspection Powers And Enforcement Procedures; Warning Notice; Disposal Notice; Civil Penalty
A. Inspectors may enter any facility, during operating hours, or a commercial vehicle in this state where fresh citrus fruit is produced, stored, packed...
- § 3-445 Rule Making; Definition
A. The supervisor pursuant to section 3-527.02 may recommend to the director for adoption rules not in conflict with this article as the supervisor...
- § 3-446 Adopting New Or Revised Standards
A. Twenty-five per cent of the producers or shippers of a citrus fruit may petition the supervisor to adopt a standard. B. Twenty-five per...
- § 3-447 Citrus, Fruit And Vegetable Trust Fund; Administration
A. The citrus, fruit and vegetable trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by...
- § 3-448 Assessments; Procedures; Failure To Pay; Penalty And Interest; Hearing
A. In order to provide the necessary monies to enforce this article and article 4 of this chapter, the supervisor shall assess a charge...
- § 3-449 Annual Licensing; Fee; Application
A. No person shall transact business as a citrus fruit dealer, packer or shipper without first obtaining a license as provided in this article....
- § 3-449.02 Denial Or Revocation Of License
A. In determining whether to refuse to issue a license, the supervisor shall consider: 1. The facts and circumstances surrounding a prior denial or...
- § 3-449.03 Record Keeping; Confidentiality; Inspection
A. A shipper shall keep records on the amount of each citrus variety the shipper sells for each producer for a period of two...
- § 3-449.04 Appeals From Inspections
A. If the owner, or the owner's agent, of all or part of a lot disagrees with the decision of an inspector as to...
- § 3-449.05 Agricultural Theft Prevention
A. If an inspector or peace officer has probable cause to believe that at least fifty pounds of citrus fruit are in unlawful possession,...
- § 3-450 Exemption From Citrus Fruit Standardization; Definitions
A. The supervisor shall exempt any citrus fruit commodity from all rules established pursuant to section 3-445, subsection B, paragraphs 1 through 5 and...
- § 3-458 Interstate Shipments; Requirements; Out‑of‑state Inspection Certificates; Irregular Containers
A. It is unlawful for a person, firm, company, organization or corporation to import from another state for sale, to transport for delivery or...
- § 3-459 Rejection Of Shipment By Carriers
A. A person may decline to ship, transport or accept for shipment any citrus fruit when notified by an inspector that the fruit is...
- § 3-460 Bulk Transfers
No provision of this article shall be construed: 1. To prevent a grower of citrus fruit from selling or delivering the fruit unpacked and...
- § 3-461 Unlawful Packing Or Sale Of Fruit
A. It is unlawful to pack or cause to be packed, to sell or offer for sale, to deliver for shipment, load, ship or...
- § 3-462 False Pack Or Labeling; Reuse Of Containers
A. No container of citrus fruit shall bear grade or other designations that are false or misleading, nor shall it contain any deceptive pack,...
- § 3-463 Mixing Of Inferior Fruit Prohibited
It is unlawful to mix or blend a lot of citrus fruit which fails to conform to the requirements of this article with another...
- § 3-464 Wrongful Performance Of Duty; Improper Influence; Classification
A. An inspector is guilty of a class 1 misdemeanor who: 1. Knowingly makes a wrong or improper inspection of citrus fruit. 2. Knowingly...
- § 3-465 Venue Of Criminal Actions
Criminal actions arising under this article may be commenced and prosecuted in the county in which the act or violation occurs.
- § 3-466 Civil Penalty; Hearing
A. A person is subject to a civil penalty of not more than five hundred dollars, if the person does either of the following:...
Article 2.1 Arizona Citrus Research Council
Article 4 Fruit and Vegetable Standardization
- § 3-481 Definitions
In this article, unless the context otherwise requires: 1. " Associate director" means the associate director of the division. 2. " Bulk lot" means...
- § 3-483 Supervisor Of Standardization; Qualifications
A. There is established the office of supervisor of standardization. B. The supervisor, who shall enforce this article and rules adopted pursuant to this...
- § 3-484 Deputies And Clerks; Compensation; Expenses
A. The compensation of the supervisor shall be as determined pursuant to section 38-611. The supervisor, with the approval of the director, shall fix...
- § 3-485 Relationship Of Standardization And Marketing Order Programs
A. Citrus, fruit and vegetable standardization and the office of commodities development and promotion shall cooperate in establishing and administering marketing orders and marketing...
- § 3-486 Inspection Powers And Enforcement Procedures; Warning Notice; Disposal Notice; Civil Penalty
A. Inspectors may enter any facility, during operating hours, or a commercial vehicle in this state where fresh fruit or vegetables are produced, stored,...
- § 3-487 Rule Making; Definition
A. The supervisor pursuant to section 3-527.02 may recommend to the director for adoption rules not in conflict with this article, as the supervisor...
- § 3-488 Confidentiality Of Records; Inspection Of Records
A. Individual totals of commodities produced or shipped are not subject to public disclosure and are strictly confidential. If a shipper presents a signed...
- § 3-489 Requests For Inspection By Unlicensed Or Unregistered Persons; Fees
A. A person who is not licensed under article 2 of this chapter or this article and who requests inspection of citrus, fruit, vegetables...
- § 3-490 Agricultural Theft Prevention
A. If an inspector or peace officer has probable cause to believe that at least fifty pounds of fruit or vegetables that are regulated...
- § 3-491 Exemption From Fruit Or Vegetable Standardization; Definitions
A. The supervisor shall exempt any fruit or vegetable commodity from all rules established pursuant to section 3-487, subsection B, paragraphs 1 through 5...
- § 3-492 Licensing Dealers, Shippers And Packers; Application; Fee
A. No person shall act as a dealer or shipper without first obtaining a license as provided in this article. Application for the license...
- § 3-494 Denial Or Revocation Of License
A. In determining whether to refuse to issue a license, the supervisor shall consider: 1. The facts and circumstances surrounding a prior denial or...
- § 3-496 List Of Licensees; Display Of License
A. The supervisor may publish a pamphlet containing a list of all licensed dealers, shippers and packers and the rules pertaining to the enforcement...
- § 3-497 Adopting New Or Revised Standards
A. Ten or ten per cent of the producers or shippers of a fruit or vegetable, whichever is less, may petition the supervisor to...
- § 3-498 Appeals From Inspection
A. If the owner, or the owner's agent, of all or part of a lot disagrees with the decision of an inspector as to...
- § 3-499 Shipping Point And Terminal Market Inspections; Fees; Arizona Federal‑state Inspection Fund
A. The department may: 1. Conduct shipping point and terminal market inspections of fresh fruit, vegetables and other products pursuant to one or more...
- § 3-518 Exempt Transactions
This article shall not prevent: 1. A producer of fruit or vegetables in the state from selling or delivering his products unpacked and unmarked...
- § 3-519 Rejection By Carriers
A. A person may decline to ship, transport or accept for shipment any fruit or vegetable within the meaning of this article when notified...
- § 3-520 Wrongful Performance Of Duty By Inspector; Improper Influence; Classification
A. An inspector is guilty of a class 1 misdemeanor who: 1. Knowingly makes a wrong or improper inspection of a fruit or vegetable...
- § 3-521 Civil Penalties; Hearing
A. A person is subject to a civil penalty of not more than five hundred dollars, if the person does either of the following:...
- § 3-523 Venue Of Criminal Actions
Criminal actions arising under this article may be commenced and prosecuted in the county in which the act or violation occurs.
Article 4.2 Arizona Iceberg Lettuce Research Council
Article 4.3 Citrus, Fruit and Vegetable Advisory Council
Article 7 Sale of Food Products by Producers
Article 9 Arizona Grain Research and Promotion Council
- § 3-581 Definitions
In this article, unless the context otherwise requires: 1. " Council" means the Arizona grain research and promotion council. 2. " First buyer" means...
- § 3-582 Arizona Grain Research And Promotion Council; Appointment; Term
A. An Arizona grain research and promotion council is established that is composed of seven producers appointed by the governor. To be qualified for...
- § 3-584 Powers And Duties Of The Council
A. The council shall: 1. Meet at least once during each calendar quarter and more frequently on the call of the chairman, vice-chairman or...
- § 3-585 Indemnification Of Council Members
Each member of the council is indemnified by the council against reasonable costs and expenses, including attorney fees, incurred by him in connection with...
- § 3-586 Records Of The Council
The council shall maintain all records for three years. The records of the council are public records available for inspection for any lawful purpose....
- § 3-587 Budget And Fees; Report
A. Before each marketing year begins, the council shall submit a proposed budget sufficient to carry out the purposes of this article. The budget...
- § 3-588 Administrative Services; Reimbursement
A. The department shall provide through an intergovernmental agreement necessary administrative services to the council in conducting its activities including: 1. Providing secretarial and...
- § 3-589 Pledge Or Mortgage Of Grain; Deduction Of Fee
A. If a pledge or mortgage of grain is given as security for a loan under the federal price support program, the fee is...
- § 3-590 Arizona Grain Research Trust Fund
A. The Arizona grain research trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this...
- § 3-591 Failure To Make Report
If a person subject to the fee required by this article fails to make a report and remittance as required, the council shall determine...
- § 3-592 Refund Of Fees
A producer may by the use of forms provided by the council, and on presentation of such proof as the council may require, have...
- § 3-593 Association Of Producers
A. Any activity including meetings undertaken pursuant to this article and intended to benefit the producers, handlers or processors of grain is not intended...
- § 3-594 Petition And Election To Terminate Council
On petition of at least one hundred twenty-three producers, the council shall conduct an election within sixty days of receipt of the petitions to...
Chapter 4 DAIRIES AND DAIRYING
Article 1 General Provisions
- § 3-601 Definitions
In this article, unless the context otherwise requires: 1. " Adulterated" means the existence of one or more of the conditions described in section...
- § 3-601.01 Product Standards; Rules
A. The federal definitions and standards of identity for the following, which are adopted pursuant to the federal food, drug and cosmetic act, as...
- § 3-603 Powers And Duties; State Dairy Supervisor; Qualifications; Production Of Papers; Formal Requirements Of Complaints
A. The associate director, with the approval of the director, shall employ a state dairy supervisor to enforce the provisions of this article. The...
- § 3-604 Dairy Inspectors; Duties; Powers; Local Officers
A. Special dairy inspectors employed by the department shall supervise, inspect, weigh and test dairy products produced or manufactured for human consumption and shall...
- § 3-605 Federal Milk Ordinance; Health And Sanitation Provisions; Exemption
A. Unless inconsistent with this chapter, the production, transportation, handling and sale of milk and milk products and the inspection of dairy herds, dairies...
- § 3-606 Sale Of Milk, Milk Products, Raw Milk And Raw Milk Products; Regulation
A. All milk and milk products, including cottage cheese, as defined in the federal milk ordinance, sold to the final consumer, restaurants, soda fountains,...
- § 3-607 Annual Licenses; Revocation; Fees
A. No person shall operate a milk distributing plant or a manufacturing milk processing plant, engage in the business of producer-distributor or producer-manufacturer, or...
- § 3-608 Distributing And Manufacturing Plants; Records
A person having charge of a distributing plant or manufacturing plant shall maintain a complete monthly record of the quantity and source from which...
- § 3-609 Financial Condition Of Milk Handlers; Security; Recovery On Default; Definition
A. A handler shall not engage or continue in business and the associate director shall deny, suspend or revoke any license issued to the...
- § 3-610 Diseased Handlers Of Dairy Products Prohibited; Health Examination
No person known to have a contagious or infectious disease shall occupy a room in which dairy products are handled, or actively engage in...
- § 3-611 Tuberculin Testing Of Dairy Herds; Veterinarian's Certificate; Other Diseases; Exclusion Of Animals From Herds
A. Except as otherwise provided by law, a tuberculin test of all dairy herds shall be made before milk therefrom is sold. Thereafter, testing...
- § 3-612 Dairy Cows Suspected Of Disease; Quarantine; Examination
The associate director may direct the state veterinarian to establish a quarantine of cows, and make an examination thereof to determine the presence of...
- § 3-613 Importation Of Diseased Animals
A dairy animal infected with tuberculosis, contagious abortion or other contagious or infectious disease shall not be brought into the state. A dairy animal...
- § 3-614 Sale Of Products From Diseased Cow; Classification
A. No person engaged in the production or manufacture of milk or milk products shall sell, give away, exchange or barter any milk or...
- § 3-615 Milk Holding Tanks; Structural Requirements; Measuring Device
A. A milk holding tank shall be so designed, constructed and installed as to withstand ordinary usage and permit accurate measurement of the fluid...
- § 3-616 Milk Holding Tanks; Tolerances Of Measuring Devices
The tolerance allowed in excess or deficiency on a milk holding tank used as a measure and equipped with a measuring device shall be...
- § 3-617 Fat Content; Determination; Fee; Inspection Of Records And Equipment
A. A milk receiving plant, manufacturing plant or other place using a volumetric method for determining the fat content of milk or cream, where...
- § 3-618 Sampling By Purchaser; Preservation; Records
A. A person buying milk or cream from a producer to be paid for on the basis of the percentage of milk fat contained...
- § 3-619 Qualification Of Sampler; License; Certificate Of Proficiency; Revocation
A. No person shall sample milk or cream for the purpose of determining the amount of milk fat contained therein where the result of...
- § 3-620 Bacterial Count; Method; Inspection Of Equipment
A. A place of business making the bacterial count a factor in the determination of the basis for payment or settlement for milk or...
- § 3-621 Butterfat Content; Disagreement; Procedure
Upon application by a producer and a distributor or a manufacturer, the associate director shall, at the expense of the applicants, appoint an official...
- § 3-622 Regulation Of Manufactured Milk Products
The associate director shall regulate the production, processing, manufacturing, labeling, storing, transportation, handling and sale of manufactured milk products according to the general specifications...
- § 3-623 Manufacturing Milk Or Cream; Operating Requirements; Sanitation; Sediment Test Tolerance; Pasteurization
A. Any barn, corral, enclosure or place in which manufacturing milk or cream is produced shall be kept free from accumulations of manure or...
- § 3-624 Cheese; Ingredients; Pasteurized Cheese; Part‑skim Cheese; Labeling; Cottage Cheese Excepted
A. Cheese manufactured in the state for sale shall be made from pasteurized milk, skim milk, cream, goat milk or sheep milk conforming to...
- § 3-625 Frozen Desserts; Coloring Matter; Weight; Butterfat Content; Ices And Sherbets
A. A frozen dessert may contain, in addition to the food constituent thereof, a harmless coloring matter, flavoring or stabilizer approved by the United...
- § 3-627 Brands For Butter; Labeling Of Dairy Products; Restrictions On Use
A. The associate director shall issue to each manufacturer of creamery butter within the state, under such rules as to custody and use as...
- § 3-628 Misbranding
A dairy product not bearing a label as prescribed by this article, or which displays on a label or by reference, placard or advertisement,...
- § 3-629 Oleomargarine; Sale; Representation As Butter Or Milk Product Prohibited
A. It is unlawful to sell or serve oleomargarine or renovated or processed butter in a manner other than prescribed by federal law. B....
- § 3-630 Adulterated Products Prohibited; Exception; Containers For Poultry Or Stock Feed; Labeling
A. A person shall not produce, provide, sell, offer or expose for sale or have in his possession with intent to sell real or...
- § 3-631 Restraint Of Competition Prohibited; Discrimination Against Localities Prohibited; Allowances
A person engaged in the business of buying milk, cream or butterfat, either by himself or by another, shall not restrain in any manner...
- § 3-632 Unlawful Acts
No person shall bring into the state, sell or offer for sale, milk or a milk product not meeting the requirements of this article,...
- § 3-633 Enforcement Duties Of Attorney General And County Attorneys
The department's legal counsel, the attorney general and the county attorney of each county, upon request, shall advise the director in the performance of...
- § 3-634 Violation; Classification; Injunctive Relief; Evidence Of Violation
A. A person violating any provision of this article is guilty of a class 2 misdemeanor unless another classification is specifically prescribed in this...
Article 3 Regulation of Trade and Real Milk Products
Chapter 5 REGULATION OF EGGS AND EGG PRODUCTS
Article 1 General Provisions
- § 3-701 Definitions
In this article, unless the context otherwise requires: 1. " Agent" includes a bailee, broker, commission merchant, factor, auctioneer, solicitor, consignee and any other...
- § 3-703 Definitions Of Inedible Eggs
In this article, unless the context otherwise requires: 1. " Addled" or " white rot" means putrid or rotten. 2. " Adherent yolk" means...
- § 3-704 Descriptive Terms In General
The definitions of terms descriptive of the shell, aircell and yolk, white and germ shall be those formulated by the United States department of...
- § 3-705 Standards Of Quality
The standards of quality for chicken eggs in the shell as determined by candling shall be established by rule adopted by the director.
- § 3-706 Grade Tolerances
The tolerance for eggs in a case, half-case, container or carton as determined by count shall conform to the specifications of the grades established...
- § 3-707 Allowances Of Tolerances
Within the maximum tolerance permitted allowances to be made at receiving points or on lot quantities shall be established by rules adopted by the
- § 3-708 Standards Of Size; Determination By Weight
As used in this article with relation to chicken eggs, the standards of size as determined by weight shall be established by rules adopted...
- § 3-709 Supervisor Of Egg Inspection; Egg Inspectors
A. The associate director, with the approval of the director, shall employ a supervisor of egg inspection. The supervisor shall qualify by taking and...
- § 3-710 Powers And Duties; Preemption
A. The department may acquire and distribute to persons interested useful information relative to the preparation for market, handling, purchasing, transportation, storage and marketing...
- § 3-712 Sampling; Methods; Sample As Evidence
The director shall prescribe methods in conformity with the United States department of agriculture specifications of selecting samples of lots, cases or containers of...
- § 3-713 Presumption Of Sale From Possession
Possession by any person, firm or corporation engaged in the sale of eggs or egg products creates a presumption that the eggs or egg...
- § 3-714 Annual Licensing; Application; Fee; Display; Exceptions
A. No person shall act as a dealer, producer-dealer or manufacturer engaged in the business of buying, candling, grading, peddling, distributing, dealing in or...
- § 3-715 Sales Of Nest Run Eggs; Unlawful Designations
A. It is unlawful to sell to retailers or consumers nest run eggs, except that a person may sell to retailers or consumers twenty-five...
- § 3-716 Inspection Fees; Report And Payment By Dealers; Exception; Penalty; Collection
A. An inspection fee of not more than three mills per dozen on shell eggs and three mills per pound on egg products shall...
- § 3-717 State Egg Inspection Trust Fund
A. All fees provided by this article shall be paid to the department that shall issue a receipt for such fees. The department shall...
- § 3-718 Sale Of Eggs; Invoice; Deterioration Of Eggs Below Grade; Exceptions
A. Every person selling eggs or egg products to a producer-dealer, dealer, retailer, manufacturer, hotel, hospital, bakery, restaurant or other eating place, or consumer...
- § 3-719 Reuse Of Standard Cases And Other Containers; Identification Of Eggs; Expiration Date Markings; Exceptions
A. The standard thirty-dozen case and the fifteen-dozen half case as used in commercial practice in the United States may be reused with writing...
- § 3-720 Containers Not Requiring Markings; Department Of Agriculture Grades
A. No markings are required on cases, containers or subcontainers of eggs: 1. When a case, half case or container contains properly-marked cartoned or...
- § 3-721 Trade‑mark; Filing; Reuse
A. A person may secure the right to use a trade name, trade-mark or symbol by filing it with the secretary of state in...
- § 3-722 Bulk Lots; Prohibition
Sales to consumers of chicken eggs from bulk lots are prohibited.
- § 3-723 Price Advertisements; Designation Of Size And Grade Of Eggs
Advertising by sign, placard or otherwise the price at which chicken eggs are offered for sale without marking the full, correct and unabbreviated designation...
- § 3-724 Misrepresentation Of Quality
A. No person shall advertise or sell eggs as fresh eggs or represent them to be fresh eggs unless they meet the requirements for...
- § 3-725 Egg Products; Rules; Out‑of‑state Products; Sanitary Certificate
A. Egg products shall not be sold in this state for human consumption unless the eggs used in such egg products have been candled...
- § 3-726 Imported Egg Products; Permit; Inspection; Certificate; Containers; Fee
A. A person shall not sell for human consumption in this state egg products imported into the state from without the United States until...
- § 3-727 Refrigeration Of Eggs And Egg Products
A. Dealers, manufacturers and retailers shall keep shell eggs for human consumption under refrigeration at an ambient temperature not higher than forty-five degrees Fahrenheit....
- § 3-728 Nonconforming Eggs; Refusal Of Carrier To Ship; Reservation In Bill Of Lading
A person, forwarding company or common carrier may decline to ship or transport eggs or egg products when notified by an inspector that the...
- § 3-729 Violation By Transporting Agency
A person, forwarding company or common carrier transporting eggs or egg products at the request of the shipper or owner shall not be deemed...
- § 3-730 Nonconforming Eggs As Nuisance; Procedure For Handling And Abatement
A. Eggs or egg products prepared, packed, stored, delivered for shipment, delivered for sale, loaded, shipped, transported or sold in violation of this article,...
- § 3-731 Injunction
The director may bring an action to enjoin the violation or threatened violation of any provision of this article in the superior court in...
- § 3-732 Eggs Bearing Warning Tag Or Notice; Removal Of Tag Or Movement Of Containers Prohibited
No person shall move any eggs or their cases, cartons or containers to which a warning tag or notice has been affixed or remove...
- § 3-733 Unlawful Acts And Conduct
The following acts or conduct are unlawful: 1. Failure to comply with a lawful order of the department, or of a court, in a...
- § 3-734 Prosecutions By Attorney General Or County Attorneys
The attorney general or county attorney, upon request, shall advise the director or authorized agents thereof in the performance of its duties, and shall...
- § 3-735 Arrests; Appearance Before Magistrate; Notice; Written Promise To Appear; Bail
A. When a person is arrested for transporting eggs or egg products in violation of this article, unless he demands the right to an...
- § 3-736 Venue; Evidence
A. A prosecution for a violation of this article may be instituted in the precinct of the county where any part of the offense...
- § 3-737 Violations; Classification
A. A person violating any provision of this article, filing a false report, or interfering with an inspector in the discharge of his duties...
- § 3-738 Appeal Inspections
A. A person who is dissatisfied with the quality, grade, weight or condition assignment made by an inspector on a lot of shell eggs...
- § 3-739 Violations; Civil Penalties; Exception
A. A retailer, dealer, peddler, shipper, seller or purveyor of shell eggs or egg products, who has received a written notice of violation of...
Chapter 7 ARIZONA NATIVE PLANTS
Article 1 Administration
- § 3-901 Definitions
In this chapter, unless the context otherwise requires: 1. " Associate director" means the associate director of the division. 2. " Division" means the...
- § 3-902 Administration And Enforcement
The director shall administer and oversee the enforcement of this chapter.
- § 3-903 Protected Group Of Plants; Botanical Names Govern; Categories Of Protected Plants; Power To Add Or Remove Plants; Annual Hearing
A. The protected group of native plants shall include, and protected native plants shall be, any plant or part of a plant, except, unless...
- § 3-904 Destruction Of Protected Plants By Private Landowners; Notice; Exception
A. This chapter does not prevent the destruction of protected native plants or clearing of land or cleaning or removing protected native plants by...
- § 3-905 Destruction Of Protected Plants By State
A. Except in an emergency, if a state agency proposes to remove or destroy protected native plants over an area of state land exceeding...
- § 3-906 Collection And Salvage Of Protected Plants; Procedures, Permits, Tags And Seals; Duration; Exception
A. Except as provided in this chapter a person shall not take, transport or possess any protected native plant taken from the original growing...
- § 3-907 Cutting Or Removal Of Harvest Restricted Plants For Their By‑products, Fiber Or Wood; Procedures; Exceptions
A. The division shall provide harvest or wood permits, and wood receipts with each wood permit, authorizing the taking, transporting or possessing of harvest...
- § 3-908 Prohibited Acts; Use Of Permits, Tags, Seals And Receipts
A. Except as provided in this chapter, it is unlawful for a person to destroy, dig up, mutilate, collect, cut, harvest or take any...
- § 3-909 Shipment Of Plants; Exhibition Of Permit And Certificate Of Inspection To Carrier; Sale Of Highly Safeguarded Plants
A. No person or common carrier may transport a plant, or any part of a plant, belonging to the protected group, nor receive or...
- § 3-910 Compiling Information; Reports; Native Plant Surveys; Investigations; Technical Advisory Board
A. At the request of any person, including a state or federal agency, and if the person provides the department with a suitable description...
- § 3-911 Conservation And Public Education
A. The department may conserve the highly safeguarded native plants including the use, and encouraging the use, of all methods and procedures that are...
- § 3-912 Rules; Additional Notice Requirements
A. The director shall adopt rules to enforce this chapter pursuant to title 41, chapter 6. B. In addition to the notice requirements prescribed...
- § 3-913 Fiscal Provisions; Fees; Arizona Protected Native Plant Trust Fund
A. The department shall collect nonrefundable fees for issuing permits, tags, seals and receipts under this article, except for scientific purposes, from landowners moving...
- § 3-914 Board Of Supervisors; Power To Preserve Plants
The board of supervisors of each county is authorized to adopt and enforce ordinances not in conflict with law for the preservation of protected...
- § 3-915 Exemptions
A. This chapter does not apply to existing canals, laterals, ditches, electrical transmission and distribution facilities, rights-of-way and other facilities, structures or equipment owned,...
- § 3-916 Salvage Of Native Plants By Homeowners' Association Or Other Nonprofit Organization; Definition
A. A homeowners' association or any other community based nonprofit organization may collect and salvage native plants under this section without obtaining a permit,...
Article 2 Enforcement
Chapter 8 ARIZONA COLISEUM AND EXPOSITION CENTER
Article 1 General Provisions
- § 3-1001 Arizona Exposition And State Fair Board; Members; Appointment; Terms; Vacancy; Removal; Oath; Bond; Meetings; Report
A. There shall be an Arizona exposition and state fair board consisting of five members appointed by the governor. Each member shall serve for...
- § 3-1002 Compensation Of Members; Personal Interest In Contracts Prohibited; Classification
A. Board members shall not receive compensation for their services. B. No board member or employee shall, either directly or indirectly, have any financial...
- § 3-1003 Arizona Exposition And State Fair Board; Powers And Duties; Compensation Of Employees
A. The Arizona exposition and state fair board shall: 1. Have exclusive custody and direction of all state fair property, construct and maintain necessary...
- § 3-1003.01 Qualifications Of Executive Director, Coliseum Manager, And Comptroller
A. The executive director shall be qualified by having at least five years' experience in, and a working knowledge of, coliseum or similar auditorium...
- § 3-1003.02 Duties Of The Executive Director And Comptroller
A. The executive director shall be: 1. The chief executive and administrative officer of the Arizona coliseum and exposition center, including the Arizona state...
- § 3-1004 Contracts With Federal Agencies
The board may apply to and contract with the United States or any department or agency thereof to obtain funds appropriated by the federal...
- § 3-1005 Arizona Exposition And State Fair Fund
A. Monies received by the board, other than those referred to in section 3-1003, subsection A, paragraph 9 and other than those received by...
- § 3-1006 Change Of Name; Body Corporate
A. Except as may be otherwise provided by the terms of this chapter, all of the powers and duties of the Arizona state fair...
- § 3-1007 Additional Powers
A. In addition to the powers which it may now have, the Arizona exposition and state fair board shall have power: 1. To acquire...
- § 3-1007.01 Naming Of Coliseum Or Auditorium In Honor Of War Veterans
The state fair commission shall designate and name the auditorium or coliseum now under construction in honor and memory of all Arizona war veterans....
- § 3-1008 Issuance Of Revenue Bonds; Provisions Of Bonds; Sale
A. Bonds issued under this article shall be authorized by resolution of the Arizona exposition and state fair board and may be issued in...
- § 3-1009 Power To Secure Bonds
The Arizona exposition and state fair board, in connection with the issuance of bonds and in order to secure the payment of the bonds...
- § 3-1010 Provision Of Bond Resolution; Covenants
A. A resolution pertaining to issuance of bonds under this article may contain covenants as to: 1. The purpose to which the proceeds of...
- § 3-1011 Validity Of Bonds
A. Bonds issued under this article and bearing the signatures of officers in office on the date of the signing thereof shall be valid...
- § 3-1012 Prior Lien Of Bonds
A. Except as otherwise provided in the resolution authorizing the bonds, all bonds of the same issue under this article shall have a prior...
Chapter 10 COTTON RESEARCH AND PROTECTION
Article 1 Cotton Research and Protection Council
Chapter 11 OWNERSHIP, CONTROL AND REGULATION OF LIVESTOCK
Article 1 Animal Services Division
- § 3-1201 Definitions
In this chapter, unless the context otherwise requires: 1. " Aquaculture" means the controlled propagation, growth and harvest of aquatic animals or plants, including...
- § 3-1202 Division Council; Members
A. The animal services division council, established pursuant to section 3-105, shall be composed of members who are qualified electors. No more than three...
- § 3-1203 General Powers And Duties; Civil Penalties
A. The director or the director's authorized representative shall exercise general supervision over the livestock interests of the state, protect the livestock industry from...
- § 3-1204 Powers And Duties Relating To The Sheep And Goat Industries
A. The director or his authorized representative shall exercise general supervision over the sheep and goat industries of the state and shall do all...
- § 3-1205 Control Of Animal Diseases; Violation; Classification
A. When advised of the occurrence of a disease of animals or poultry which constitutes a threat to the livestock or poultry industries, the...
- § 3-1206 Suspension, Revocation Or Termination Of Licenses And Agreements; Hearing
A. Any license issued by the division may be suspended or revoked for violation or noncompliance with: 1. Any provision of this title. 2....
- § 3-1207 Cooperation With United States
A. In addition to other powers and duties conferred by law, the director may cooperate with the animal and plant health inspection service of...
- § 3-1208 Officers And Inspectors; Conditions Of Employment
A. An officer or inspector must have knowledge of animal husbandry and livestock laws. B. Within twelve months after employment, a livestock officer must...
- § 3-1209 Counterfeiting
A. No brand manufacturer, printer, or other person, firm or corporation shall cast, print, lithograph or otherwise make any device containing any official mark...
- § 3-1210 Disposition Of Monies
Monies collected under the provisions of this title relating to livestock, except those collected for acknowledgments, shall be paid to the department and deposited,...
- § 3-1211 State Veterinarian; Qualifications
A. The associate director, with the approval of the director and after consulting with the division council, shall employ a state veterinarian pursuant to...
- § 3-1212 Private Practice Prohibited
The state veterinarian shall devote his entire time to the duties of his office and shall not engage in private practice.
- § 3-1213 Acquisition And Use Of Sodium Pentobarbital Or T‑61 Euthanasia Solution By County And Local Pounds
The state veterinarian, in consultation with the director, shall establish procedures for county, city and town animal pounds which do not have a licensed...
- § 3-1214 National Animal Identification System Voluntary Participation
The director, department or any other officer, agency or instrumentality of this state shall not mandate or force participation in the national animal identification
Article 2 Arizona Beef Council
- § 3-1231 Definitions
In this article, unless the context otherwise requires: 1. " Beef" includes veal. 2. " Beef products" includes veal products. 3. " Council" means...
- § 3-1232 Arizona Beef Council; Appointment; Term
A. There shall be an Arizona beef council, which shall be composed of nine producers to be appointed by the governor. The council shall...
- § 3-1233 Powers And Duties Of Council
A. The council shall: 1. Receive and disburse funds under the provisions of this article to be used in administering the provisions of this...
- § 3-1234 Acceptance Of Grants And Gifts
The council may accept grants, donations, contributions or gifts from any source for expenditures for any purpose consistent with the powers and duties conferred...
- § 3-1235 Payments To Organizations
From the funds it receives, the council may pay or contribute to organizations such as, but not limited to, the national livestock and meat...
- § 3-1236 Collection Of Additional Amounts At Time Of Brand Inspection; Disbursement
A. In addition to the brand inspection fee provided in section 3-1337, the department shall collect from producers an additional amount of not to...
- § 3-1237 Failure To Pay; Violation; Classification
Any person who knowingly fails to pay or remit any monies due or collected, as provided in this article, is guilty of a class...
- § 3-1238 Exemptions
The provisions of this article do not apply to: 1. A person whose only share in the proceeds of a sale of cattle or...
- § 3-1239 Termination Of Council
A. The council may be terminated as provided in this section. A referendum among the state's producers shall be conducted by the council: 1....
Article 3 Brands and Marks
Article 4 Dominion Over Animals
- § 3-1291 Bill Of Sale Required In Transfer Of Livestock
Upon the sale or transfer of livestock, except dairy calves under thirty days of age, delivery of the animals shall be accompanied by a...
- § 3-1292 Sale Of Livestock Without Lawful Brand, Bill Of Sale Or Power Of Attorney; Classification; Defenses
A person who knowingly sells or offers for sale or trade livestock without the person's recorded brand, or for which the person has neither...
- § 3-1293 Procedure For Owner To Authorize Another Person To Deal With Animals; Violation
A. A person who desires to authorize another person to gather, drive or otherwise handle animals bearing the recorded brand or mark owned by...
- § 3-1294 Improperly Maintaining A Stallion Or Jack; Classification; Seizure And Sale; Expenses For Care
A. A person who maintains a stallion or jack with reckless disregard for the safety or health of other persons or property or livestock...
- § 3-1295 Lien For Feed, Pasturage And Other Services
A. A person who furnishes pasture, feed or other services for livestock on the premises of that person has a lien on the stock...
- § 3-1296 Ranging Of Unbranded Range Livestock Prohibited; Classification
An owner who knowingly permits range livestock, except unweaned animals running with their mothers, to roam and feed upon the ranges of this state...
- § 3-1297 Concealment Of Livestock Killed Or Injured By Railroad Or Motor Vehicle; Classification
A person who buries, removes or in any manner conceals livestock killed or injured by locomotives or cars of a railroad company or by...
- § 3-1298 Herding Sheep Or Goats On Land Or Water Of Another Without Consent; Classification
A. A person owning or having charge of sheep or goats who knowingly herds or permits them to be herded on lands lawfully owned...
- § 3-1299 Herding, Grazing Or Pasturing Sheep Or Goats On Cattle Range; Classification; Priority Of Right To Use Of Range; Exceptions
A. A person owning or having charge of sheep or goats who knowingly herds, grazes or pastures them or recklessly permits them to be...
- § 3-1300 Overstocking Land; Classification; Definition
A. A person who overstocks with livestock a tract or parcel of land or range which he owns or has the lawful right to...
- § 3-1301 Gathering Cattle For Tournament Or Contest Without Consent Of Owner; Classification
A person who knowingly gathers range cattle for the purpose of a tournament or contest for amusement or reward, or competition for prizes, or...
- § 3-1302 Taking Animal Without Consent Of Owner; Classification
A person who knowingly takes from a range, ranch, farm, corral, yard or stable any livestock and uses it without the consent of the...
- § 3-1303 Driving Livestock From Range Without Consent Of Owner; Classification
When livestock of a resident of the state is intentionally driven off its range by any person, without consent of the owner, the person...
- § 3-1304 Branding Or Altering Brand Of Animal Of Another; Classification
A person who brands or marks an animal with a brand other than the recorded brand of the owner, or who effaces, defaces, alters...
- § 3-1305 Obliterating Or Changing Brand Or Mark; Classification
A person who intentionally obliterates, disfigures, extends or changes a recorded brand, or by other and additional marks, figures or characters converts a recorded...
- § 3-1306 Prima Facie Guilt Of Owner Of Brand To Which Another Brand Is Altered
When it is proved that a recorded brand has been converted or changed into another brand claimed or owned by any person, it shall...
- § 3-1307 Unlawfully Killing, Selling Or Purchasing Livestock Of Another; Classification; Civil Penalty; Exception
A. A person who knowingly kills or sells livestock of another, the ownership of which is known or unknown, or who knowingly purchases livestock...
- § 3-1308 Evidence Of Illegal Possession Of Livestock
Upon trial of a person charged with unlawful possession, handling, driving or killing of livestock, the possession under claim of ownership without a written...
- § 3-1309 Proof Of Branding With Brand Of Accused As Tending To Show Conversion By Accused
Upon a trial for a violation of the livestock laws of the state, the prosecution may prove, as tending to show a conversion by...
- § 3-1310 Abandonment Of Animal At Boarding Facility Or Veterinarian Facility
When a small animal left at a boarding facility or any animal left at a veterinarian facility has not been reclaimed within the period...
- § 3-1311 Dogs Killing Or Chasing Livestock; Liability Of Owner; Classification
A. If any person discovers a dog killing, wounding or chasing livestock, or discovers a dog under circumstances which show conclusively that it has...
- § 3-1312 Transporting Equine In A Cruel Manner; Violation; Classification; Definitions
A. A person shall not transport or cause or allow to be transported to a slaughtering establishment any equine in or on any vehicle...
Article 5 Livestock Inspection
- § 3-1331 Inspection Required; Powers And Duties Of Livestock Officers
A. Livestock officers and inspectors may authenticate bills of sale of livestock, brands and marks, deliver certificates of acknowledgment thereof under their hands and...
- § 3-1332 Method, Place And Time Of Inspecting Livestock
A. Livestock officers and inspectors shall inspect livestock, other than equine and livestock subject to authorized self-inspection, for health, marks and brands at loading...
- § 3-1333 Record Of Inspection
A. Livestock officers and inspectors shall make a record of all inspections, disclosing the place and date of the inspection, its purpose, the kind,...
- § 3-1334 Inspection As To Ownership Of Livestock
A. Livestock officers and inspectors, in making inspections, shall require from livestock auctions or the owner or person in charge of the livestock a...
- § 3-1335 Certificate Of Inspection; Delivery
A. Upon completion of an inspection, the livestock officer or inspector shall deliver to the person in charge of the livestock a certificate on...
- § 3-1336 Inspection Of Livestock To Be Slaughtered, Sold Or Transported; Fee; Violation; Classification
A. Except as otherwise provided in this section, livestock, other than equines and livestock inspected at feedlots or dairies pursuant to section 3-1337, shall...
- § 3-1337 Service Charge And Inspection Fee; Self‑inspection; Civil Penalties
A. Livestock officers and inspectors shall collect from the person in charge of cattle inspected a service charge of three dollars plus an inspection...
- § 3-1339 Mobile Slaughtering Units; Custom Slaughtering; Brand Inspections
A. A mobile slaughtering unit or a locker plant slaughtering livestock on a custom basis shall notify the local livestock officer or inspector before...
- § 3-1340 Unbranded Livestock Kept In Close Confinement; Shipment, Sale And Inspection
A. Owners of livestock, other than equines, who do not have a recorded brand and who maintain their animals in close confinement not exceeding...
- § 3-1341 Transportation Of Livestock By Person Without Certificate Of Inspection, Validated Auction Invoice Or Bill Of Sale; Violation; Classification
A. Except as otherwise provided in this article, it is unlawful for any person, firm or corporation to carry, transport or convey livestock by...
- § 3-1342 Alteration Of Certificate Or Record Of Inspection; Classification
A person who intentionally alters a certificate or record of inspection or copy thereof issued by a livestock officer or other agent of the...
- § 3-1343 Substitution Of Animals After Issuance Of Certificate Of Inspection; Classification
A person who removes an animal and substitutes another therefor or adds other animals to a lot of livestock for which an inspection certificate...
- § 3-1344 Ownership And Hauling Certificates For Equines; Inspection; Exemption; Cancellation; Fees
A. Except as otherwise provided in this article, owners or persons in charge of equines may obtain ownership and hauling certificates from the department....
- § 3-1345 Transfer Or Issuance Of Ownership And Hauling Certificates; Fees
A. The seller of any equine who has a valid ownership and hauling certificate for such animal and the buyer of such animal, except...
- § 3-1345.01 Equine; Inspection Fund
The equine inspection fund is established consisting of fees collected pursuant to section 3-1344, subsection B and section 3-1345, subsection B. The department of...
- § 3-1346 Seasonal Inspection For Exhibition Livestock; Fee
A. Seasonal inspection certificates may be issued, under the self-inspection program, for exhibition livestock for any purpose other than slaughter, sale or trade. The...
- § 3-1347 Violation; Classification
Unless otherwise provided any person who does not comply with this article is guilty of a class 3 misdemeanor.
- § 3-1348 Equine Trader Permit
A. The division shall issue an equine trader permit to an applicant who pays a fee of one hundred dollars and who complies with...
- § 3-1349 Inventory And Monthly Report Of Equine Traders
Equine trader permittees shall maintain inventory records of all equines sold. The records shall include the date sold, the ownership and hauling certificate number...
- § 3-1350 Registry Of Equine Rescue Facilities; Fees
A. The department shall establish and maintain a registry of equine rescue facilities and a public list of registered equine rescue facilities at department...
Article 6 Seizure of Livestock
- § 3-1371 Seizure Of Livestock By A Livestock Officer
Livestock officers shall seize livestock, except unweaned animals running with their mothers, wherever found and when the livestock officer questions the livestock's ownership. The...
- § 3-1372 Keeping Livestock Following Seizure; Expenses; Use Of Livestock In Criminal Prosecution; Sale Of Forfeited Livestock; Nonliability Of State
A. A livestock officer who has seized livestock, as provided by this article, shall safely keep and care for it while it is under...
- § 3-1373 Report Of Seizure; Filing And Docketing
A. Livestock officers shall forthwith report any seizure of livestock pursuant to this article to the county attorney and to the clerk of the...
- § 3-1374 Setting Time For Hearing On Ownership Of Seized Stock; Issuance Of Summons
A. The clerk of the court or justice of the peace, as the case may be, after filing and docketing the report of seizure...
- § 3-1375 Service On Owner Of Seized Livestock; Forfeiture Proceedings On Failure To Respond
A. If the livestock seized is branded and marked with an adopted and recorded brand or mark, the summons shall be served upon the...
- § 3-1376 Hearing On Claim; Release Or Sale Of Seized Livestock; Appeals
A. If any person appears at the time fixed for the hearing and claims all or part of the livestock, the claim shall be...
- § 3-1377 Sale Of Seized Stock; Disposition Of Proceeds; Livestock Custody Trust Fund
A. Livestock officers shall execute an order of sale made pursuant to this article and deliver a bill of sale to the purchaser, describing...
- § 3-1378 Representation Of Livestock Officer By County Attorney
The county attorney of the county wherein the livestock is seized shall represent the livestock officer and the interests of the state in proceedings...
- § 3-1379 Notification Required On Seizure By Government Agencies
All federal, state and local governmental agencies shall notify the department within two hours of any seizure of any livestock or property in or...
Article 7 Seizure and Sale of Stray Animals
Article 8 No-Fence Districts
Article 9 Beef Cattle Feed Lots
Article 10 Ratite Production
Chapter 12 LIVESTOCK INJURY AND DISEASES
Article 1 Duties and Liabilities of Railroads
Article 2 Seizure of Equine in Poor Physical Condition
Article 3 Tuberculosis Control
Article 4 Brucellosis Control
Chapter 13 SLAUGHTER OF ANIMALS AND SALE OF MEAT
Article 1 Slaughter of Animals
- § 3-2001 Definitions
In this chapter, unless the context otherwise requires: 1. " Adulterated" shall apply to any carcass, part thereof, meat or meat food product under...
- § 3-2002 Application For License To Slaughter
Every person, including an exempt slaughterer, before he begins or carries on the slaughter of livestock, sheep, goats or swine for compensation, shall make...
- § 3-2003 Grant Of Licenses; Fees; Expiration Date
A. The division may grant a license to slaughter livestock, sheep, goats or swine as set forth in the license issued upon payment of...
- § 3-2004 Place Of Slaughter
Every person licensed to slaughter livestock, sheep, goats, swine, horses, mules or other equines for sale or exchange shall slaughter animals in an established...
- § 3-2005 Licensee's Record Of Animals Purchased Or Slaughtered; Monthly Copy For The Department; Violation; Classification
A. Every person licensed to slaughter livestock, sheep, goats, swine or equines shall keep an accurate record in a book maintained for that purpose...
- § 3-2006 Preslaughter Brand Inspection Of Hides
A. Every person licensed as an exempt slaughterer of livestock, sheep, goats or equines shall, before slaughter, notify the nearest livestock officer of the...
- § 3-2007 Purchase Of Uninspected Hide; Classification; Exception
It is unlawful to purchase or otherwise acquire possession of a hide of any livestock until the hide has been inspected for brands and...
- § 3-2008 Receiving Uninspected Hides For Transportation; Sale Of Uninspected Hides; Classification
A. It is unlawful for a person to receive for transportation hides of livestock until they have been brand inspected, and it is unlawful...
- § 3-2009 Transfer Of License Without Fee
If a person who is a licensee under the provisions of this article sells or otherwise disposes of his slaughtering business, together with the...
- § 3-2010 Identification Of Animals With Drug Residue; Violation; Classification
A. The owner of an animal which has been treated with an antibiotic which has a specific withdrawal period shall not market the animal...
- § 3-2011 Slaughter Of Animals By Producer Or Owner For Own Use; Inspection Of Hides; Violation; Classification
A. Producers or owners who slaughter livestock, sheep, goats, swine or equines for the purpose of using the meat for food for themselves, their...
- § 3-2012 Secreting Hide; Defacement Of Mark Or Brand; Classification
A person who knowingly secretes a hide of livestock, or who, before a hide is inspected, knowingly obliterates or defaces any mark or brand...
- § 3-2013 Slaughter Of Animals For Compensation Without License; Classification
A person slaughtering any livestock, sheep, goats, swine, horses, mules or other equines, for compensation without first procuring a license to slaughter as provided...
- § 3-2014 Limitation
A. Nothing in this chapter shall be construed to modify or repeal any provision of title 36, chapter 8, article 1, relating to adulteration...
- § 3-2015 Cooperation With Federal Government
A. The director may cooperate with the secretary of agriculture of the United States in order to administer the provisions of this chapter in...
- § 3-2016 Methods Of Slaughtering Which Are Humane
No method of slaughtering or handling in connection with slaughtering shall be deemed to comply with the public policy of the state of Arizona...
- § 3-2017 Exemption
A. No slaughterer, packer or stockyard operator shall bleed or slaughter any livestock except by a humane method, provided, that the chief state veterinary...
Article 2 State Meat Inspection
- § 3-2041 Chief Veterinary Meat Inspector; Appointment Of Inspectors; Qualifications; Bond
A. The associate director, with the approval of the director, shall employ an Arizona licensed veterinarian as chief veterinary meat inspector. The chief veterinary...
- § 3-2042 Inspection Stamps And Establishment Numbers
A. The division shall provide meat inspection stamps and assign establishment numbers to all slaughtering establishments which have been approved and granted state meat...
- § 3-2043 Assignment Of Inspectors
Slaughtering establishments granted state meat inspection service shall notify the chief veterinary meat inspector of their hours of slaughter, and the chief veterinary meat...
- § 3-2044 Antemortem And Postmortem Inspection
A. Slaughtering establishments which have state meat inspection service shall have an " antemortem inspection" . The inspector assigned to the slaughtering establishment shall...
- § 3-2045 Condemnation And Appeal
The inspector at slaughtering establishments with state meat inspection service shall condemn and so mark, stamp or tag all diseased or otherwise unfit carcasses...
- § 3-2046 Meat Inspection Rules; Violation; Classification
A. The director shall adopt reasonable rules necessary to assure that all meat and meat products subject to inspection under this article which are...
- § 3-2047 Application For State Meat Inspection Service
Any slaughtering establishment which wishes to conduct its slaughtering operations under state meat inspection service shall apply to the division for a license to...
- § 3-2048 Inspection Of Slaughtering Establishments Without State Meat Inspection Service
The chief veterinary meat inspector or his deputies are authorized to inspect the premises of all other slaughtering establishments operating without state meat inspection...
- § 3-2049 Inspection Fees
A. The cost of inspection shall be borne by this state, except as provided in section 3-2015 and except that the cost of overtime...
- § 3-2050 Requirements For Exempt Processors
All exempt processors shall be licensed by the division pursuant to section 3-2003 and shall operate in a clean and sanitary condition during all...
- § 3-2051 Requirements For Slaughtering Establishments With State Meat Inspection Service
A. All slaughtering establishments licensed by this state to slaughter cattle, sheep, swine, goats, horses, mules or other equines and which operate under state...
- § 3-2052 Construction And Remodeling Of Slaughtering Establishments
A. Any person wishing to construct a slaughtering establishment and wishing to be granted state meat inspection service shall submit his proposed plant architectural...
- § 3-2053 Slaughtering And Mixing Prohibition
A. It is unlawful to slaughter horses, mules or asses in the same slaughtering establishment as cattle, sheep, swine or goats, or to bring...
- § 3-2054 Requirements For Meat Processors
A. Establishment of meat processors licensed to prepare and offer for sale meat or meat food products shall meet the following requirements: 1. The...
- § 3-2055 Cooperation With Other Public Health Authorities
A. In carrying out the provisions of this chapter the director shall request the advice of and consult with the sanitary engineer or other...
- § 3-2056 Inspection Of Meat; Reentry Inspection
A. All meat sold within this state shall be inspected by the department or the United States department of agriculture. B. All meat or...
- § 3-2057 Transportation Of Meat
No person, firm or corporation shall, with respect to any cattle, sheep, swine, goats, horses, mules, or other equines, or any carcasses, parts of...
- § 3-2058 Inspection Of Sanitation
The director shall cause to be made, by experts in sanitation or by other competent inspectors, such inspection of all slaughtering, meat-canning, salting, packing,...
Article 3 Sale of Meat
- § 3-2081 Licenses For Sale Or Exchange Of Meat Or Poultry; Fee; Records Kept By Licensee; Expiration Of License; Violation; Classification
A. A person, firm or corporation that engages in the business of meat or poultry processing, wholesaling, storing in or for intrastate commerce, transporting...
- § 3-2082 Brand Inspection Of Hides; Violation; Classification
A. The meat of livestock shall not be possessed, sold, offered for sale, given or exchanged unless the whole hide of the animal has...
- § 3-2083 Authority Of Inspector To Search For And Seize Unstamped Meat
Inspectors may stop and search without warrant any vehicle, and may search without warrant any container which the inspector suspects contains unstamped meat, and...
- § 3-2084 Detention Of Product
Whenever any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules or other equines, or any...
- § 3-2085 Condemnation Of Product
A. Any carcass, part of a carcass, meat or meat food product of cattle, sheep, swine, goats, horses, mules or other equines, or any...
- § 3-2086 Transfer Of License Without Fee
If any person acquires a business licensed pursuant to this chapter to wholesale meat, with the goodwill of the business, and continues to operate...
- § 3-2087 Sales To State Institutions
Meat of the carcasses or parts of carcasses of cattle, sheep, goats or swine for human consumption shall not be served in or sold...
- § 3-2088 Requirements For Processed, Blended Or Prepared Meat And Meat Food Products; Violation; Classification
A. The director shall adopt rules fixing and establishing the contents of processed meats and meat food products including the percentage of meats and...
- § 3-2089 Vehicles
Every vehicle used by any slaughterer, meat or poultry processor, wholesaler, jobber or peddler in the transporting of dressed carcasses of animals intended for...
- § 3-2090 Exemptions
A. Retailers selling meat or meat food products to the ultimate consumer shall be exempt from the provisions of section 3-2088. The department of...
- § 3-2091 Nonlimitation Of Sale
A. Slaughtering establishments with state meat inspection service and with an assigned establishment number, and meat processors with an assigned establishment number, may sell...
- § 3-2092 Violation; Classification
Any person who violates any provision of this chapter for which a specific criminal classification is not prescribed is guilty of a class 2
- § 3-2093 Reporting Violations
Before any violation of this chapter is reported by the director for institution of a criminal proceeding, the person against whom such proceeding is...
- § 3-2094 Inspections
The division may conduct such inspections as it deems necessary to discover illegal meat or illegal meat food products and such inspections as it...
- § 3-2095 Investigation Of Violations
A. The division may conduct investigations as deemed necessary to determine whether any person has violated any provision of or rule issued under this...
- § 3-2096 Disciplinary Actions
A. The associate director may suspend or revoke any license, permit, establishment number or meat inspection service granted under this chapter for any of...
- § 3-2097 Prosecution Of Violations
The attorney general or the county attorney of the county in which the violation occurs may prosecute any violation reported pursuant to this chapter....
- § 3-2098 Suspension, Revocation Or Wrongful Closure; Review Or Special Action; Compensation
A. A meat processor, meat wholesaler or jobber or a slaughterer whose license is suspended or revoked, or whose place of business or any...
Article 4 Horsemeat
- § 3-2121 Definitions
In this article, unless the context otherwise requires: 1. " Horse" includes horse, ass, mule and burro. 2. " Horsemeat" means meat from a...
- § 3-2122 License To Slaughter Horses For Human Consumption; Application; Records Required; Appointment Of Inspectors
A. A license shall be obtained from the division before slaughtering a horse for human consumption. B. Application for a license to conduct a...
- § 3-2123 Slaughterhouses And Processing Houses; Separation From Other Meat Handling; Inspection; Hearing; Revocation Of License; Exemption Of Retailers
A. The slaughtering of horses and preparation, processing, packing and storing of horsemeat and horsemeat products shall be conducted in a house or establishment...
- § 3-2124 Inspection Of Horses Before And After Slaughter; Condemnation Of Unfit Products
A. There shall be an antemortem and a postmortem inspection of each horse slaughtered. B. A horse found either upon antemortem or postmortem inspection...
- § 3-2125 Labeling Of Horsemeat; Requirements
A. Carcasses of horses slaughtered for human consumption shall be stamped on each standard cut, " horsemeat." All horsemeat food products shall be conspicuously...
- § 3-2126 Signs Required For Sale Of Horsemeat
A. It is unlawful to offer horsemeat for sale for human consumption unless there is prominently displayed in conjunction therewith a sign bearing the...
- § 3-2127 Segregation Of Horsemeat Products Sold At Retail From Other Meat Products
All horsemeat or horsemeat products sold at retail shall be sold from a case separate from that which contains the flesh of cattle.
- § 3-2128 Sale Of Horsemeat Not For Human Consumption In Hermetically Sealed Container Or Frozen Package
Horsemeat not offered for sale for human consumption which is cooked and packed in a hermetically sealed container or frozen in a properly labeled...
- § 3-2129 Sale Of Horsemeat To State Institutions Prohibited
Horsemeat shall not be served in or sold to state institutions for human consumption.
- § 3-2130 Unlawful Use Of Horsemeat
It is unlawful to slaughter a horse for human consumption, or to prepare, process, can, cure, smoke, salt, render or pack, or sell or...
- § 3-2131 Violation; Classification
A. A person who knowingly sells horsemeat as beef or who sells beef or beef products adulterated with horsemeat as beef or who violates...
- § 3-2132 Labeling Of Equines Other Than Horses
No person, firm or corporation shall sell, transport, offer for sale or transportation or receive for transportation any carcasses of mules, or equines other...
Article 5 Poultry
- § 3-2151 Definitions
In this article, unless the context otherwise requires: 1. " Adulterated" shall apply to any poultry product under one or more of the following...
- § 3-2152 State And Federal Cooperation
A. The department is designated as the state agency which shall be responsible for cooperating with the secretary of agriculture of the United States...
- § 3-2153 Antemortem And Postmortem Inspection; Reinspection And Quarantine
A. For the purpose of preventing the entry into or flow or movement in intrastate commerce of any poultry product which is capable of...
- § 3-2154 Sanitation, Facilities And Practices
A. Each official establishment slaughtering poultry or processing poultry products solely for intrastate commerce shall be operated in accordance with such sanitary practices as...
- § 3-2155 Labeling And Containers; Standards
A. All poultry products inspected at any official establishment and found to be not adulterated shall at the time they leave the establishment bear,...
- § 3-2156 Prohibited Acts
A. A person shall not: 1. Slaughter any poultry or process any poultry products which are capable of use as human food at any...
- § 3-2157 Complete Coverage Of Official Establishments
No establishment processing poultry or poultry products solely for intrastate commerce shall process any poultry or poultry product capable of use as human food...
- § 3-2158 Articles Not Intended For Human Food; Requirements For And Regulation Of Intrastate Commerce In Dead, Dying, Disabled Or Diseased Poultry; Registration
A. Inspection shall not be provided at any establishment for the slaughter of poultry or the processing of any carcasses or parts or products...
- § 3-2159 Violations; Classification
A. Any person who violates section 3-2156, 3-2157, 3-2158 or 3-2161 is guilty of a class 1 misdemeanor, but if such violation involves intent...
- § 3-2160 Reporting Violations
Before any violation of this article is reported by the department for institution of a criminal proceeding, the person against whom such proceeding is...
- § 3-2161 Rules
A. The director may by rule prescribe conditions under which poultry products capable of use as human food, shall be stored or otherwise handled...
- § 3-2162 Exemptions And Exceptions
A. The following shall be exempted from the provisions of this article: 1. Retail dealers with respect to poultry products sold directly to consumers...
- § 3-2163 Entry Of Materials Into Official Establishment
The department may limit the entry of poultry products and other materials into any official establishment under such conditions as it may prescribe to...
- § 3-2164 General Provisions
A. The director may refuse to provide or may withdraw inspection service with respect to any establishment if he determines, after an opportunity for...
- § 3-2165 Detention Of Product
Whenever any poultry product, or any product exempted from the definition of a poultry product, or any dead, dying, disabled or diseased poultry is...
- § 3-2166 Condemnation Of Product
A. Any poultry product or any dead, dying or disabled or diseased poultry that is being transported in intrastate commerce, or is held for...
- § 3-2167 Jurisdiction
The director is vested with jurisdiction specifically to enforce and to prevent and restrain violations, and shall have jurisdiction in all other kinds of...
- § 3-2168 Cost Of Inspection
The cost of inspection shall be borne by this state, except as provided in section 3-2152 and except that the cost of overtime and...
- § 3-2169 Limitation
Nothing in this article shall be construed to modify or repeal any provision of chapter 5 of this title, relating to the regulation of...
Chapter 14 PREDATORY ANIMALS AND RODENTS
Article 1 Control and Destruction
- § 3-2401 Control Of Destructive Animals And Noxious Rodents; Agreements And Cooperation With Federal Agencies; Exception
A. The director shall cooperate with the animal and plant health inspection service of the United States department of agriculture in the control and...
- § 3-2402 Expenditures
A. The director may approve expenditures for equipment, materials, supplies, transportation and other expenses, including personal services, necessary to discharge the powers imposed by...
- § 3-2403 Disposition Of Furs, Skins And Specimens
All furs, skins or specimens taken by animal damage control specialists whose salaries are paid from any state appropriation made for the purpose of...
- § 3-2404 Purchase And Disposition Of Rodent Control Supplies
A. The department, in cooperation with the United States animal and plant health inspection service, may purchase rodent control supplies, including rodent baits, equipment...
- § 3-2405 Powers Of Boards Of Supervisors
The boards of supervisors of the several counties may within their respective counties: 1. Control and destroy predatory wildlife, noxious rodents and related animals...
- § 3-2406 Violation; Classification
A person violating a provision of this article, or a rule or regulation adopted and promulgated thereunder, is guilty of a class 3 misdemeanor.
Chapter 15 ANIMAL AND BIRD FEEDS
Article 1 Commercial and Customer-Formula Feeds
- § 3-2601 Definitions
In this article, unless the context otherwise requires: 1. " Brand" means the term, design or trademark and other specific designation under which an...
- § 3-2602 Administration And Enforcement
A. In addition to other duties imposed by law, the associate director of the division shall administer and enforce the provisions of this article...
- § 3-2603 Enforcement And Administrative Powers
A. The associate director may refuse to license or may cancel the license of any distributor in violation of the provisions of this article....
- § 3-2604 Publications; Membership In Professional Organizations
A. The department may publish at such times and in such form as the director deems proper: 1. Information concerning the sale of commercial...
- § 3-2605 Inspection; Official Samples; Analysis; Report
A. The director, who may act through an authorized agent, shall sample, inspect, analyze and test commercial feeds and customer-formula feeds distributed within the...
- § 3-2606 Inspection Fees; Quarterly Statement By Distributor; Retention Of Records
A. An inspection fee at the rate of fifteen cents per ton shall be paid to the department on commercial feeds distributed in this...
- § 3-2607 Commercial Feed Trust Fund
A. The commercial feed trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article....
- § 3-2608 Restrictions Upon Enforcing Officers
No person charged with the enforcement of any of the provisions of this article shall be directly or indirectly interested in the sale, manufacture...
- § 3-2609 Licensing
A. No person may manufacture or distribute commercial feed in this state without a commercial feed license from the division, except that no license...
- § 3-2610 Labeling
A. A commercial feed, except a customer-formula feed, shall be accompanied by a label bearing the following information: 1. The net weight. 2. The...
- § 3-2611 Adulteration
A. A person shall not distribute adulterated commercial feed. B. A commercial feed is deemed to be adulterated if any of the following exists:...
- § 3-2611.01 Maximum Acceptable Levels Of Aflatoxin; Ammoniation Of Cottonseed And Cottonseed Products To Reduce Aflatoxin Content
A. Commercial feed and whole cottonseed that contain three hundred parts per billion of aflatoxin or less are not considered to be adulterated for...
- § 3-2612 Adulteration; Penalties Payable To Customer; Hearing; Definitions
A. With respect to the level of aflatoxin present, if the examination of labeling or the analysis of an official sample of any whole...
- § 3-2613 Misbranding
No person shall distribute misbranded feed. A commercial feed or customer-formula feed shall be deemed misbranded: 1. If its labeling is false or misleading...
- § 3-2614 Cease And Desist Orders
If the director or an authorized agent has reasonable cause to believe a commercial feed or customer-formula feed is being distributed in violation of...
- § 3-2615 Seizure, Condemnation And Sale Of Noncomplying Feed
Any lot of commercial feed or customer-formula feed not in compliance with the provisions of this article shall be subject to seizure upon complaint...
- § 3-2616 Violations; Notice; Criminal Classification; Injunctive Relief; Exceptions
A. If it appears from the examination of any whole cottonseed, commercial feed or customer-formula feed that any of the provisions of this article...
Article 2 Egg Mash
Article 3 Garbage Fed to Swine
Article 4 Meat Used as Animal Food
Chapter 16 AQUACULTURE
Article 1 General Provisions
- § 3-2901 Definitions
In this chapter, unless the context otherwise requires: 1. " Aquaculture" or " aquaculture facility" means the controlled propagation, growth and harvest of aquatic...
- § 3-2902 Supervisor Of Aquaculture
The associate director, with the approval of the director, may employ a supervisor of aquaculture. The supervisor shall: 1. Qualify by taking and filing...
- § 3-2903 Regulatory Powers Of The Director
The director may: 1. Regulate the transportation, possession, sale, processing and fee fishing of aquatic animals and plants and establish licensing categories and programs...
- § 3-2904 Quality And Disease Control
The director shall adopt rules and guidelines to control the quality of and diseases in aquatic animals and plants. The rules may include: 1....
- § 3-2905 Inspections And Certification Of Facilities
A. The department shall establish a schedule of periodic inspections of all licensed facilities to determine and verify compliance with this article and the...
- § 3-2906 Seizure And Quarantine; Hearing
A. The department may seize, hold, quarantine or dispose of any lot of aquatic products that enters, leaves or is transported in this state...
- § 3-2907 Licenses; Fee; Exemption
A. A person may not engage in any of the following activities relating to aquaculture unless the person possesses a current valid license issued...
- § 3-2908 Special Licenses
A. The division may issue special aquaculture licenses for purposes of education and research institutional needs pursuant to rules adopted by the director. Special...
- § 3-2909 Protecting Aquatic Wildlife
The Arizona department of agriculture shall prescribe restrictions on supply water and tailing water discharges from an aquaculture facility if the department or the...
- § 3-2910 Unauthorized Removal Of Aquatic Animals Or Plants From Aquaculture Facility; Classification
A person who removes aquatic animals or plants by any method from an aquaculture facility without the consent of the owner or manager of...
- § 3-2911 Cease And Desist Orders; Hearing; Subpoena; Injunctions; Revocation Or Suspension Of License; Probation
A. If the associate director has reason to believe that a person is violating or has violated a provision of or rule adopted under...
- § 3-2912 Civil Penalties
A. The director may assess a civil penalty in an amount not exceeding one hundred dollars per day of violation against any person who...
- § 3-2913 Aquaculture Trust Fund
A. The aquaculture trust fund is established for the exclusive purpose of implementing, continuing and supporting the agricultural program established by this article. The...
Chapter 17 AGRICULTURAL SAFETY
Article 1 General Provisions
- § 3-3101 Definitions
In this article, unless the context otherwise requires: 1. " Assistant director" means the assistant director of the office of agricultural safety in the...
- § 3-3102 Scope Of Chapter
The scope of this chapter is to regulate the safety and health of workers exposed to pesticides and any other safety and health issue...
- § 3-3103 Assistant Director For The Office Of Agricultural Safety
The director shall appoint a person as assistant director for the office of agricultural safety who, at the time of appointment: 1. Has been...
- § 3-3104 Duties Of Employer And Employee
A. Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are...
- § 3-3105 Powers And Duties
The assistant director shall: 1. Administer this chapter. 2. Cooperate with the federal government to establish and maintain an agricultural safety and health program....
- § 3-3106 Pesticides
The department shall adopt rules consistent with this section prescribing safe work practices for employees who mix, load, apply, store or otherwise handle pesticides...
- § 3-3107 Inspection Of Places And Practices Of Employment; Employee Initiation Of Investigation; Violation; Injunction; Classification
A. The assistant director or his authorized representative, on presentation of credentials, shall be permitted to inspect places of employment, question employees and investigate...
- § 3-3108 Development Of Standards And Rules
A. Safety and health standards and rules shall be formulated in the following manner: 1. The assistant director shall either propose adoption of national...
- § 3-3109 Emergency Temporary Standards
A. The department may provide for emergency temporary standards or rules to take immediate effect on filing with the secretary of state if it...
- § 3-3110 Citations
A. If the assistant director, after an inspection or investigation, determines that there is reasonable cause to believe that a violation exists the assistant...
- § 3-3111 De Minimis Violations
A. The assistant director may issue an advisory notice stating de minimis violations of standards and rules which carry no penalty, unless the employer...
- § 3-3112 Enforcement Procedure
A. If the director, after an inspection or investigation, issues a citation pursuant to section 3-3110, the director shall notify the employer by mail,...
- § 3-3113 Penalties; Violation; Classification
A. An employer who wilfully or repeatedly violates the requirements of section 3-3104 or any standard or rule adopted pursuant to section 3-3106, 3-3108...
- § 3-3114 Additional Penalty For Wilful Or Repeated Violation Causing Employee Permanent Disability Or Death Covered By Workers' Compensation; Payment To Employee; Enforcement
A. In addition to penalties prescribed by section 3-3113, the director shall assess a penalty of twenty-five thousand dollars against an employer who is...
- § 3-3115 Imminent Dangers
A. The superior court has jurisdiction on filing of a verified complaint by the director to restrain any conditions or practices in any place...
- § 3-3119 Nonliability
Notwithstanding any law to the contrary, neither the director nor his authorized representative is subject to civil liability for any acts or omissions in...
- § 3-3120 Employee Discharge Or Discrimination
The prohibitions, rights, remedies and procedures prescribed pursuant to section 23-425 apply to agricultural employment.
- § 3-3121 Trade Secrets; Confidentiality
All information reported to or obtained by the department or its representatives in connection with any inspection or investigation under this article which contains...
- § 3-3122 Employer And Employee Representation
Any affected employee or employer may designate any person or persons to represent him for the purpose of proceedings before any hearing officer under...
- § 3-3123 Testimony Of Witnesses; Compensation; Order Of Superior Court To Appear
The director may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses are entitled to be paid the...
- § 3-3124 Agricultural Education And Training Program
A. The assistant director shall develop an agricultural safety education and training program utilizing visits to the workplace of employers to provide education and...
- § 3-3125 Trainer Certification
A. The assistant director shall develop a certification program for training persons who train employers and employees in agricultural health and safety standards as...
Chapter 18 ARIZONA AGRICULTURAL PROTECTION ACT
Article 1 General Provisions
Chapter 19 WEIGHTS AND MEASURES SERVICES DIVISION
Article 1 General Provisions
- § 3-3401 Definitions
(L15, Ch. 244, sec. 4. Eff. 7/1/16) In this chapter, unless the context otherwise requires: 1. " Associate director" means the associate director of...
Article 2 State Administration of Weights and Measures
- § 3-3411 Standard Weights And Measures
(L15, Ch. 244, sec. 2. Eff. 7/1/16) The system of weights and measures in customary use in the United States and the metric system...
- § 3-3412 Physical Standards
(L15, Ch. 244, sec. 2. Eff. 7/1/16) Weights and measures that are traceable to the United States prototype standards supplied by the federal government,...
- § 3-3413 Technical Requirements For Commercial Devices
(L15, Ch. 244, sec. 5. Eff. 7/1/16) The specifications, tolerances and other technical requirements for commercial devices as adopted by the national conference on...
- § 3-3414 Powers And Duties; Definition
(L15, Ch. 244, sec. 6. Eff. 7/1/16) A. The division shall: 1. Maintain custody of the state reference standards of weights and measures that...
- § 3-3415 Enforcement Powers Of The Director And Inspectors
(L15, Ch. 244, sec. 2. Eff. 7/1/16) A. When necessary for the enforcement of this chapter and rules adopted pursuant to this chapter, the...
- § 3-3416 Operation Of State Metrology Laboratory
(L15, Ch. 244, sec. 2. Eff. 7/1/16) A. The director shall establish and operate within the department the state metrology laboratory. B. A commercial...
- § 3-3417 Fees To General Fund
(L15, Ch. 244, sec. 2. Eff. 7/1/16) The director shall deposit, pursuant to sections 35-146 and 35-147, all fees collected in the state general
- § 3-3418 Disposition Of Seized Property
(L15, Ch. 244, sec. 7. Eff. 7/1/16) One hundred eighty days after the final disposition of an investigation and any ensuing enforcement action, the...
Article 3 Method of Sale of Commodities and Services
- § 3-3431 Sale Of Commodities
(L15, Ch. 244, sec. 8. Eff. 7/1/16) A. A person shall not sell or offer or expose for sale less than the quantity the...
- § 3-3432 Sale, Delivery Or Consignment Of Motor Fuel; Temperature Presumption
(L15, Ch. 244, sec. 2. Eff. 7/1/16) For the purpose of any sale, offer to sell, delivery or consignment of motor fuel in a...
- § 3-3433 Standards For Motor Fuel; Exceptions
(L15, Ch. 244, sec. 9. Eff. 7/1/16) A. Except as provided in section 3-3434 and subsections C, D, E, F, G, K and L...
- § 3-3434 Area C; Standards For Motor Fuel; Exceptions
(L15, Ch. 244, sec. 10. Eff. 7/1/16) A. Except as provided in subsections C and D of this section, after May 31, 2008, a...
- § 3-3435 Heating Of Motor Fuel Prohibited
(L15, Ch. 244, sec. 2. Eff. 7/1/16) A person shall not sell or offer or expose for sale any motor fuel if the temperature...
- § 3-3436 Dispensing Motor Fuel; Hold‑open Latches; Definition
(L15, Ch. 244, sec. 2. Eff. 7/1/16) A. A retail seller may equip all nozzles from which motor fuel is dispensed with an operating...
- § 3-3437 Aversive Or Bittering Agent In Engine Coolant And Antifreeze; Liability Limitation; Exceptions; Violation; Classification
(L15, Ch. 244, sec. 2. Eff. 7/1/16) A. Engine coolant or antifreeze sold in this state on or after January 1, 2008 that is...
Article 4 Licensing, Testing and Certification
Article 5 Regulation
- § 3-3471 Registered Service Representative; Powers; Violation; Classification
(L15, Ch. 244, sec. 14. Eff. 7/1/16) A. When any commercial device specified in this chapter is in commercial use and a valid license...
- § 3-3472 Revocation Or Suspension Of Licenses; Procedure; Judicial Review
(L15, Ch. 244, sec. 15. Eff. 7/1/16) A. Except as otherwise provided by this section, any proceeding to revoke or suspend a license issued...
- § 3-3473 Violation; Classification; Jurisdiction
(L15, Ch. 244, sec. 16. Eff. 7/1/16) A. A person is guilty of a class 1 misdemeanor who: 1. Knowingly hinders, interferes with or...
- § 3-3474 Presumptive Evidence Of Use
(L15, Ch. 244, sec. 2. Eff. 7/1/16) When a weight, measure, meter, counter or commercial device is in or about any place in which...
- § 3-3475 Civil Penalties
(L15, Ch. 244, sec. 17. Eff. 7/1/16) A. A person who violates this chapter, any rule of the division or any license requirement is...
- § 3-3476 Delinquent Civil Penalties And Fees
(L15, Ch. 244, sec. 2. Eff. 7/1/16) In addition to any other penalty, if a civil penalty or any fee due pursuant to this...
Article 6 Motor Fuel
- § 3-3491 Definitions
(L15, Ch. 244, sec. 2. Eff. 7/1/16) In this article, unless the context otherwise requires: 1. " Area A" has the same meaning prescribed...
- § 3-3492 Standards For Oxygenated Fuel; Volatility; Exceptions
(L15, Ch. 244, sec. 18. Eff. 7/1/16) A. From and after September 30 through March 31 of each year, in a county with a...
- § 3-3493 Area A; Sale Of Gasoline; Oxygen Content
(L15, Ch. 244, sec. 19. Eff. 7/1/16) A. From and after November 1 through March 31 of each year: 1. All gasoline that is...
- § 3-3494 Area A; Fuel Reformulation; Rules
(L15, Ch. 244, sec. 20. Eff. 7/1/16) A. From and after May 1, 1999, all gasoline produced and shipped to or within this state...
- § 3-3495 Area C; Fuel Reformulation; Rules
(L15, Ch. 244, sec. 21. Eff. 7/1/16) A. From and after May 1 through September 30 of each year, all gasoline produced and shipped...
- § 3-3496 Area B; Sale Of Gasoline; Oxygen Content
(L15, Ch. 244, sec. 22. Eff. 7/1/16) A. From and after September 30 through March 31 of each year, all gasoline that is supplied...
- § 3-3497 Use Of Gasoline Purchased Outside Of Area A Or Area B
(L15, Ch. 244, sec. 2. Eff. 7/1/16) This article does not prohibit the use within area A or area B of gasoline purchased outside...
- § 3-3498 Exemption
(L15, Ch. 244, sec. 2. Eff. 7/1/16) The provisions of this article do not apply to a manufacturer's proving ground or a motor vehicle...
- § 3-3499 Inspections
(L15, Ch. 244, sec. 2. Eff. 7/1/16) A. On request, an interstate pipeline terminal or a motor fuel storage or dispensing site shall provide...
Article 7 Gasoline Vapor Control
- § 3-3511 Definitions
(L14, Ch. 132, sec. 5 & L15, Ch. 244, sec. 2. Eff. 7/1/16 until 10/1/18) In this article, unless the context otherwise requires: 1....
- § 3-3511; Version 2 Definitions
(L14, Ch. 132, sec. 6 & L15, Ch. 244, sec. 2. Eff. 10/1/18) In this article, unless the context otherwise requires: 1. " Annual...
- § 3-3512 Stage I Vapor Recovery Systems
(L15, Ch. 244, sec. 23. Eff. 7/1/16) A. A person shall not offer for sale, sell, install or use a new gasoline stage I...
- § 3-3513 Compliance Schedules
(L15, Ch. 244, sec. 24. Eff. 7/1/16) Notwithstanding section 3-3512, subsection I relating to schedules of compliance: 1. Gasoline dispensing facilities located in area...
- § 3-3514 Stage I Rule Effectiveness; Enhanced Enforcement
(L15, Ch. 244, sec. 2. Eff. 7/1/16) The director shall adopt rules to: 1. Enhance enforcement of the department's stage I vapor recovery program....
- § 3-3515 Stage II Vapor Recovery Systems
(L15, Ch. 244, sec. 25. Eff. 7/1/16 until 10/1/18) A. A person shall not offer for sale, sell, install or use a new gasoline...
Last modified: October 13, 2016