Arizona Administrative Code, Title 3 — Agriculture

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Chapter 2 DEPARTMENT OF AGRICULTURE - ANIMAL SERVICES DIVISION

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code tit. 3, ch. 2, art. 1, tbl. 1 Time-frames (Calendar Days)

| License | Authority | Administrative Completeness Review | Response to Completion Request | Substantive Completeness Review | Response to Additional Information | Overall Time-frame | | --- | --- | --- | --- | --- | --- | --- | | MEAT AND POULTRY INSPECTION | | | | | | | | License to Slaughter | A.R.S. §§ 32002 & 3-2003 R3-2-208 | 14 | 14 | 30 | 14 | 44 | | Transfer of license without fee | A.R.S. § 3-2009 | 14 | 14 | 30 | 5 | 44 | | State Meat Inspection Service | A.R.S. § 3-2047 | 14 | 14 | 30 | 14 | 44 | | Sale or Exchange of Meat or Poultry | A.R.S. § 3-2081 R3-2-208 | 14 | 14 | 30 | 14 | 44 | | Rendering Facility Certification | A.R.S. § 3-2081 | 14 | 14 | 30 | 14 | 44 | | Transfer of License | A.R.S. § 3-2086 | 14 | 14 | 30 | 5 | 44 | | Official Slaughter Meat Licenses | A.R.S. § 3-2122 R3-2-208 | 14 | 14 | 30 | 14 | 44 | | FEEDING OF ANIMALS | | | | | | | | Feed Lot License | A.R.S. § 3-1452 | 14 | 14 | 60 | 14 | 74 | | Permit to Feed Garbage to Swine | A.R.S. § 3-2664 | 14 | 14 | 60 | 14 | 74 | | DAIRY PRODUCTS AND CONTROL | | | | | | | | Milk Distributing Plant New Renewal | A.R.S. § 3-607 | 14 14 | 14 14 | 14 14 | 14 14 | 14 14 | | Milk Processing Plant New Renewal | A.R.S. § 3-607 | 14 14 | 14 14 | 14 14 | 14 14 | 14 14 | | Plant Licensing New Renewal | A.R.S. § 3-665 | 14 14 | 14 14 | 14 14 | 14 14 | 14 14 | | Request to market a product as a milk product | A.R.S. § 601.01 | 14 | 14 | 14 | 14 | 28 | | Tester License | A.R.S. § 3-619 | 7 | 7 | 7 | 7 | 14 | | Trade Product Label | A.R.S. § 3-667 | 14 | 14 | 30 | 30 | 44 | | LIVESTOCK INSPECTION | | | | | | | | Equine Trader Permit | A.R.S. § 3-1348 | 7 | 7 | 7 | 7 | 14 | | Ownership and Hauling Certificate for Equines | A.R.S. §§ 31344 & 3-1345 | 14 | 14 | 14 | 14 | 28 | | EGG PRODUCTS AND CONTROL | | | | | | | | Annual Licensing | A.R.S. § 3-714 | 10 | 10 | 10 | 10 | 20 | | AQUACULTURE | | | | | | | | Aquaculture Facility Fee Fishing Facility Processor Transporter | A.R.S. § 3-2907 R3-2-1004 R3-2-1005 R3-2-1006 R3-2-1007 | 14 14 14 14 | 14 14 14 14 | 30 30 30 30 | 14 14 14 14 | 44 44 44 44 | | Special Licenses | A.R.S. § 3-2908 | 14 | 14 | 30 | 14 | 44 |

History

• Adopted effective October 8, 1998 (Supp. 98-4). Amended by final rulemaking at 8 A.A.R. 3625, effective August 7, 2002 (Supp. 02-3). Amended by final rulemaking at 9 A.A.R. 2089, effective August 2, 2003 (Supp. 03-2). Amended by final rulemaking at 26 A.A.R. 781, effective June 8, 2020 (Supp. 20-2).

Chapter 4 DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION

Article 2 QUARANTINE

Ariz. Admin. Code tit. 3, ch. 4, art. 2, tbl. 2 [Effective until 2/4/2024] Actionable Arthropod Pests

| Common Name | Scientific Name | | --- | --- | | Alfalfa plant bug | Adelphocoris lineolatus | | Allium (Onion) Leafminer | Phytomyza gymnostoma | | American palm cixid | Myndus crudus | | Apple maggot | Rhagoletis pomonella | | Apple mealybug | Phenacoccus aceris | | Apple skinworm | Tortrix franciscana | | Asian Longhorned beetle | Anoplophora glabripennis | | Asiatic garden beetle | Maladera castanea | | Asparagus beetle | Crioceris asparagi | | Avocado whitefly | Trialeurodes floridensis | | Bagworm | Thyridopteryx ephemeraeformis | | Bean leaf beetle | Cerotoma trifurcata | | Bifasciculate scale | Chrysomphalus bifasciculatus | | Black cherry fruit fly | Rhagoletis fausta | | Black orangeworm | Holcocera iceryaeella | | Black thread scale | Ischnaspis longirostris | | Black walnut curculio | Conotrachelus retentus | | Blueberry maggot | Rhagoletis mendax | | Boxwood leafminer | Monarthropalpus buxi | | Brown citrus aphid | Toxoptera citricida | | Brown Marmorated Stink Bug | Halyomorpha halys | | Browntail moth | Nygmia phaeorrhoea | | Butternut curculio | Conotrachelus juglandis | | Cactus moth | Cactoblastis cactorum | | Cactus weevil | Gerstaeckeria nobilis | | California red scale | Aonidiella aurantii | | Camphor scale | Pseudaonidia duplex | | Caribbean fruit fly | Anastrepha suspensa | | Carob moth | Ectomyelois ceratoniae | | Cereal leaf beetle | Oulema melanopus | | Chaff scale | Parlatoria pergandii | | Chestnut moth | Cydia splendana | | Chilli thrips | Scirtothrips dorsalis | | Chinch bug | Blissus leucopterus | | Citrus blackfly | Aleurocanthus woglumi | | Citrus snow scale | Unaspis citri | | Citrus whitefly | Dialeurodes citri | | Cloudy-winged whitefly | Singhiella citrifolii | | Clover root borer | Hylastinus obscurus | | Coconut scale | Aspidiotus destructor | | Coffee bean weevil | Araecerus fasciculatus | | Comstock mealybug | Pseudococcus comstocki | | Conifer Auger Beetle | Sinoxylon unidentatum | | Corn stem weevil | Hyperodes humilis | | Cottony grape scale | Pulvinaria vitis | | Cowpea curculio | Chalcodermus aeneus | | Croton soft scale | Phalacrococcus howertoni | | Cycad aulacaspis scale | Aulacaspis yasumatsui | | Date palm mite | Oligonychus afrasiaticus | | Dogwood borer | Synanthedon scitula | | Eggplant pinworm | Keiferia peniculo | | Emerald ash borer | Agrilus plannipennis | | Euonymus scale | Unaspis euonymi | | European chafer | Amphimallon majalis | | European corn borer | Ostrinia nubilalis | | European cranefly | Tipula paludosa | | European peach scale | Parthenolecanium persicae | | European pine shoot moth | Rhyacionia bouliana | | Eyespotted bud moth | Spilonota ocellana | | False parlatoria scale | Pseudoparlatoria parlatorioides | | Florida carpenter ant | Camponotus floridanus | | Florida red scale | Chrysomphalus aonidum | | Florida wax scale | Ceroplastes floridensis | | Glacial whitefly | Trialeurodes glacialis | | Glover scale | Lepidosaphes gloverii | | Grape thrips | Drepanothrips reuteri | | Gray sugarcane mealybug | Dysmicoccus boninsis | | Green cloverworm | Plathypena scabra | | Ground mealybug | Ripersiella hibisci | | Hessian fly | Mayetiola destructor | | Holly leafminer | Phytomyza ilicis | | Indian wax scale | Ceroplastes ceriferus | | Jack Beardsley mealybug | Pseudococcus jackbeardsleyi | | Juniper scale | Carulaspis juniperi | | Kirkaldy whitefly | Dialeurodes kirkaldyi | | Kondo ground mealybug | Ripersiella kondonis | | Lantana mealybug | Phenacoccus parvus | | Lesser clover leaf weevil | Hypera nigrirostris | | Lesser snow scale | Pinnaspis strachani | | Light brown apple moth | Epiphyas postvittana | | Little fire ant | Wasmannia auropunctata | | Lobate lac scale | Paratachardina pseudolobata | | Maskell scale | Lepidosaphes pallida | | Mealybug | Delottococcus confusus | | Mealybug | Hypogeococcus pungens | | Melon worm | Diaphania hyalinata | | Mimosa webworm | Homadaula anisocentra | | Mining scale | Howardia biclavis | | Minute cypress scale | Carulaspis minima | | Myrmicine ant | Monomorium destructor | | Myrmicine ant | Monomorium floricola | | Northern citrus root weevil | Pachnaeus opalus | | Obscure scale | Melanaspis obscura | | Old house borer | Hylotrupes bajulus | | Oleander pit scale | Russellaspis pustulans | | Oriental fruit moth | Grapholita molesta | | Oriental scale | Aonidiella orientalis | | Palm fiorinia scale | Fiorinia fioriniae | | Palm thrips | Thrips palmi | | Papaya fruit fly | Toxotrypana curvicauda | | Pepper flower bud moth | Gnorimoschema gudmannella | | Pepper maggot | Zonosemata electa | | Pepper tree psyllid | Calophya schini | | Persimmon borer | Sannina uroceriformis | | Pickleworm | Diaphania nitidalis | | Pink hybiscus mealybug | Maconellicoccus hirsutus | | Pitmaking pittosporum scale | Planchonia arabidis | | Plum curculio | Conotrachelus nenuphar | | Plum fruit moth | Cydia funebrana | | Plumeria whitefly | Paraleyrodes perseae | | Potato stalk borer | Trichobaris trinotata | | Proteus scale | Parlatoria proteus | | Purple scale | Lepidosaphes beckii | | Pyriform scale | Protopulvinaria pyriformis | | Red palm mite | Raoiella indica | | Red-banded thrips | Selenothrips rubrocinctus | | Rednecked cane borer | Agrilus ruficollis | | Rose chafer | Macrodactylus subspinosus | | Royal palm bug | Xylastodoris luteolus | | Rufous scale | Selenaspidus articulatus | | Saddleback caterpillar | Acharia stimulea | | Satin moth | Leucoma salicis | | Sirex woodboring wasp | Sirex noctilo | | South African pit scale | Planchonia stentae | | South American fruit fly | Anastrepha fraterculus | | South American palm weevil | Rhynchophorus palmarum | | Southeastern Boll Weevil Biotype | Anthonomus grandis | | Southern chinch bug | Blissus insularis | | Southern citrus root weevil | Pachnaeus litus | | Southern green stink bug | Nezara viridula | | Spotted Lanternfly | Lycorma delicatula | | Stalk borer | Papaipema nebris | | Strawberry root weevil | Otiorhynchus ovatus | | Subtropical pine tip moth | Rhyacionia subtropica | | Sugarcane root borer | Diaprepes abbreviatus | | Sweetpotato weevil | Cylas formicarius | | Tawny mole cricket | Neoscapteriscus vicinus | | Tea parlatoria scale | Parlatoria theae | | Tea scale | Fiorinia theae | | Tropical fire ant | Solenopsis geminata | | Tropical palm scale | Hemiberlesia palmae | | Weevil | Artipus floridanus | | West Indian Sweet potato weevil | Euscepes postfaciatus | | Wheat strawworm | Harmolita grandis | | White peach scale | Pseudaulacaspis pentagona | | White waxy scale | Ceroplastes destructor | | White-footed ant | Technomyrmex difficilis | | Yellow scale | Aonidiella citrina | | Yellow margined leaf beetle | Microtheca ochroloma |

History

• Adopted by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Ariz. Admin. Code tit. 3, ch. 4, art. 2, tbl. 3 [Effective until 2/4/2024] Actionable Nematode Pests

| Common Name | Scientific Name | | --- | --- | | Burrowing nematode | Radopholus similis | | Golden nematode | Globodera rostochiensis | | Oat cyst nematode | Heterodera avenae | | Reniform nematode | Rotylenchulus reniformis | | Sheath nematode | Hemicycliophora arenaria | | Soybean cyst nematode | Heterodera glycines | | Sting nematode | Belonolaimus longicaudatus | | White cyst potato nematode | Globodera pallida |

History

• New Table 3, Actionable Nematode Pests made by final rulemaking at 25 A.A.R. 3357, effective January 4, 2020 (Supp. 19-4).

Ariz. Admin. Code tit. 3, ch. 4, art. 2, tbl. 4 Class A Noxious Weeds

| Common Name | Scientific Name | | --- | --- | | African rue | Peganum harmala | | Canada thistle | Cirsium arvense | | Dudaim melon | Cucumis melo v. Dudaim Naudin | | Dyer's woad | Isatis tinctoria | | Floating water hyacinth | Eichhornia crassipes | | Giant salvinia | Salvinia molesta | | Globe-podded hoary cress | Lepidium (Cardaria) draba | | Hydrilla | Hydrilla verticillata | | Leafy spurge | Euphorbia esula | | Plumeless thistle | Carduus acanthoides | | Purple loosestrife | Lythrum salicaria | | Purple starthistle | Centaurea calcitrapa | | Quackgrass | Elymus repens (Elytrigia repens) | | Rush skeletonweed | Chondrilla juncea | | Southern sandbur | Cenchrus echinatus | | Spotted knapweed | Centaurea stoebe ssp. micranthos | | Sweet resinbush | Euryops subcarnosus | | Ward's weed | Carrichtera annua | | Wild mustard | Sinapis arvensis |

History

• Adopted by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020. Amended by final rulemaking at 29 A.A.R. 3932, effective 2/4/2024.

Ariz. Admin. Code tit. 3, ch. 4, art. 2, tbl. 5 Class B Noxious Weeds

| Common name | Scientific name | | --- | --- | | African sumac | Searsia lancea | | Black mustard | Brassica nigra | | Branched broomrape | Orobanche ramosa | | Bull thistle | Cirsium vulgare | | Camelthorn | Alhagi maurorum (A. pseudalhagi) | | Dalmatian toadflax | Linaria dalmatica (L genistifolia v. dalmatica) | | Diffuse knapweed | Centaurea diffusa | | Field sandbur | Cenchrus spinifex (synonym: C. incertus) | | Giant reed | Arundo donax | | Halogeton | Halogeton glomeratus | | Jointed goatgrass | Aegilops cylindrica | | Malta starthistle | Centaurea melitensis | | Musk thistle | Carduus nutans | | Natal grass | Melinis repens | | Onionweed | Asphodelus fistulosus | | Ripgut brome | Bromus diandrus | | Russian knapweed | Acroptilon repens | | Russian olive | Elaeagnus angustifolia | | Saharan mustard | Brassica tournefortii | | Siberian elm | Ulmus pumila | | Stinknet (Globe chamomile) | Oncosiphon pilulifer (O. piluliferum) | | Scotch thistle | Onopordum acanthium | | Yellow bluestem | Bothriochloa ischaemum | | Yellow starthistle | Centaurea solstitialis |

History

• Adopted by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020. Amended by final rulemaking at 29 A.A.R. 3932, effective 2/4/2024.

Ariz. Admin. Code tit. 3, ch. 4, art. 2, tbl. 6 Class C Noxious Weeds

| Common name | Scientific name | | --- | --- | | Buffelgrass | Cenchrus ciliaris (Pennisetum ciliare) | | Cheatgrass | Bromus tectorum | | Field bindweed | Convolvulus arvensis | | Fountain grass | Pennisetum setaceum | | Garden or common morning glory | Ipomoea purpurea | | Grannyvine | Ipomoea tricolor | | Ivy-leaf morning glory | Ipomoea hederacea | | Johnsongrass | Sorghum halepense | | Kochia | Kochia scoparia | | Lehman's lovegrass | Eragrostis lehmanniana | | Morning glory | Ipomoea triloba | | Morning glory | Ipomoea x leucantha | | Puncturevine | Tribulus terrestris | | Red brome | Bromus rubens | | Salt cedar | Tamarix spp. | | Siberian elm | Ulmus pumila | | Tree of heaven | Ailanthus altissima |

History

• Adopted by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020. Amended by final rulemaking at 29 A.A.R. 3932, effective 2/4/2024.

Chapter 3 DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION

Article 2 PERMITS, LICENSES, AND CERTIFICATION

Ariz. Admin. Code tit. 3, ch. 3, art. 2, app A [Repealed effective 3/4/2024] Testing Categories

TESTING CATEGORIES

A. Commercial Applicator Certification, 40 CFR 171.4(b)(i) -(viii).

1. Label & labeling comprehension.

a. The general format and terminology of pesticide labels and labeling;

b. The understanding of instructions, warnings, terms, symbols, and other information commonly appearing on pesticide labels;

c. Classification of the product, general or restricted; and

d. Necessity for use consistent with the label.

2. Safety. Factors including:

a. Pesticide toxicity and hazard to man and common exposure routes;

b. Common types and causes of pesticide accidents;

c. Precautions necessary to guard against injury to applicators and other individuals in or near treated areas;

d. Need for and use of protective clothing and equipment;

e. Symptoms of pesticide poisoning;

f. First aid and other procedures to be followed in case of a pesticide accident; and

g. Proper identification, storage, transport, handling, mixing procedures and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers.

Environment. The potential environmental consequences of the use and misuse of pesticides as may be influenced by such factors as:

a. Weather and other climatic conditions;

b. Types of terrain, soil or other substrate;

c. Presence of fish, wildlife and other non-target organisms; and

d. Drainage patterns.

4. Pests. Factors such as:

a. Common features of pest organisms and characteristics of damage needed for pest recognition;

b. Recognition of relevant pests; and

c. Pest development and biology as it may be relevant to problem identification and control.

5. Pesticides. Factors such as:

a. Types of pesticides;

b. Types of formulations;

c. Compatibility, synergism, persistence and animal and plant toxicity of the formulations;

d. Hazards and residues associated with use;

e. Factors which influence effectiveness or lead to such problems as resistance to pesticides; and

f. Dilution procedures.

Equipment. Factors including:

a. Types of equipment and advantages and limitations of each type; and

b. Uses, maintenance and calibration.

Application techniques. Factors including:

a. Methods of procedure used to apply various formulations of pesticides, solutions, and gases, together with a knowledge of which technique of application to use in a given situation;

b. Relationship of discharge and placement of pesticides to proper use, unnecessary use, and misuse; and

c. Prevention of drift and pesticide loss into the environment.

Laws and regulations. Applicable State and Federal laws and regulations.

B. Commercial Certification Categories, 40 CFR 171.4(c)(1) through (6) and (8) through (10) .

Agricultural pest control.

a. Plant. Applicators must demonstrate practical knowledge of crops grown and the specific pests of those crops on which they may be using restricted use pesticides. The importance of such competency is amplified by the extensive areas involved, the quantities of pesticides needed, and the ultimate use of many commodities as food and feed. Practical knowledge is required concerning soil and water problems, pre-harvest intervals, re-entry intervals, phytotoxicity, and potential for environmental contamination, non-target injury and community problems resulting from the use of restricted use pesticides in agricultural areas.

b. Animal. Applicators applying pesticides directly to animals must demonstrate practical knowledge of such animals and their associated pests. A practical knowledge is also required concerning specific pesticide toxicity and residue potential, since host animals will frequently be used for food. Further, the applicator must know the relative hazards associated with such factors as formulation, application techniques, age of animals, stress and extent of treatment.

2. Forest pest control. Applicators shall demonstrate practical knowledge of types of forests, forest nurseries, and seed production in this state and the pests involved. They shall possess practical knowledge of the cyclic occurrence of certain pests and specific population dynamics as a basis for programming pesticide applications. A practical knowledge is required of the relative biotic agents and their vulnerability to the pesticides to be applied. Because forest stands may be large and frequently include natural aquatic habitats and harbor wildlife, the consequences of pesticide use may be difficult to assess. The applicator must therefore demonstrate practical knowledge of control methods which will minimize the possibility of secondary problems such as unintended effects on wildlife. Proper use of specialized equipment must be demonstrated, especially as it may relate to meteorological factors and adjacent land use.

Seed-treatment. Applicators shall demonstrate practical knowledge of types of seeds that require chemical protection against pests and factors such as seed coloration, carriers, and surface active agents which influence pesticide binding and may affect germination. They must demonstrate practical knowledge of hazards associated with handling, sorting and mixing, and misuse of treated seed such as introduction of treated seed into food and feed channels, as well as proper disposal of unused treated seeds.

4. Aquatic pest control. Applicators shall demonstrate practical knowledge of the secondary effects which can be caused by improper application rates, incorrect formulations, and faulty application of restricted use pesticides used in this category. They shall demonstrate practical knowledge of various water use situations and the potential of downstream effects. Further, they must have practical knowledge concerning potential pesticide effects on plants, fish, birds, beneficial insects and other organisms which may be present in aquatic environments. These applicators shall demonstrate practical knowledge of the principles of limited area application.

5. Right-of-way pest control. Applicators shall demonstrate practical knowledge of a wide variety of environments, since rights-of-way can traverse many different terrains, including waterways. They shall demonstrate practical knowledge of problems on runoff, drift, and excessive foliage destruction and ability to recognize target organisms. They shall also demonstrate practical knowledge of the nature of herbicides and the need for containment of these pesticides within the right-of-way area, and the impact of their application activities in the adjacent areas and communities.

Public health pest control. Applicators shall demonstrate practical knowledge of vector-disease transmission as it relates to and influences application programs. A wide variety of pests is involved, and it is essential that they be known and recognized, and appropriate life cycles and habitats be understood as a basis for control strategy. These applicators shall have practical knowledge of a great variety of environments ranging from streams to those conditions found in buildings. They shall also have practical knowledge of the importance and employment of such non-chemical control methods as sanitation, waste disposal, and drainage.

Regulatory pest control. Applicators shall demonstrate practical knowledge of regulated pests, applicable laws relating to quarantine and other regulation of pests, and the potential impact on the environment of restricted use pesticides used in suppression and eradication programs. They shall demonstrate knowledge of factors influencing introduction, spread, and population dynamics of relevant pests. Their knowledge shall extend beyond that required by their immediate duties, since their services are frequently required in other areas of the country where emergency measures are invoked to control regulated pests and where individual judgments must be made in new situations.

8. Demonstration and research pest control. Persons demonstrating the safe and effective use of pesticides to other applicators and the public will be expected to meet comprehensive standards reflecting a broad spectrum of pesticide uses. Many different pest problems situations will be encountered in the course of activities associated with demonstration, and practical knowledge of problems, pests, and population levels occurring in each demonstration situation is required. Further, they shall demonstrate an understanding of a pesticide-organism interaction and the importance of integrating pesticide use with other control methods. In general, it would be expected that applicators doing demonstration pest control work possess a practical knowledge of all of the standards detailed in (G)(1). In addition, they shall meet the specific standards required for subsections (c)(1) through (7) of this subsection as may be applicable to their particular activity.

C. Private Certification, 40 CFR 171.5(a)(1) through (5).

Recognize common pests to be controlled and damage caused by them.

2. Read and understand the label and labeling information, including the common name of pesticides the applicator applied; pest(s) to be controlled, timing and methods of application; safety precautions; any pre-harvest or re-entry restrictions; and any specific disposal procedures.

3. Apply pesticides in accordance with label instructions and warnings, including the ability to prepare the proper concentration of pesticide to be used under particular circumstances taking into account such factors as area to be covered, speed at which application equipment will be driven, and the quantity dispersed in a given period of operation.

4. Recognize local environmental situations that must be considered during application to avoid contamination.

5. Recognize poisoning symptoms and procedures to follow in case of a pesticide accident.

History

• New Appendix made by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Appendix A subsection (B) CFR citation corrected from 40 CFR.4 to 40 CFR 171.4at the request of the Department, Office File No. M09-448, filed December 8, 2009 (Supp. 09-4). Repealed by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Chapter 2 DEPARTMENT OF AGRICULTURE - ANIMAL SERVICES DIVISION

Article 9 EGG AND EGG PRODUCTS CONTROL

Ariz. Admin. Code § R3-2-902, Table I Weight Classes for Pasteurized In-Shell Eggs

| Weight Classes for Pasteurized In-Shell Eggs | | | | | --- | --- | --- | --- | | Size or weight class | Minimum net weight per dozen (ounces) | Minimum net weight 30 per dozen (pounds) | Minimum net weight for individual eggs at rate per dozen (ounces) | | Jumbo | 30 | 56 | 29 | | Extra large | 27 | 50 1/2 | 26 | | Large | 24 | 45 | 23 | | Medium | 21 | 39 1/2 | 20 | | *A lot average tolerance of 3.3 percent for individual eggs in the next lower weight class is permitted as long as no individual case within the lot exceeds 5 percent. | | | |

History

• Table I. Weight Classes for Pasteurized In-Shell Eggs made by final rulemaking at 26 A.A.R. 781, effective 6/8/2020 (Supp. 20-2).

Ariz. Admin. Code § R3-2-903, Table II Minimum Number of Cases and Cartons Comprising a Representative Sample

| Lot size of cartons | Minimum eggs for inspection | Lot size of 30 doz. per case | Minimum cases for inspection¹ | | --- | --- | --- | --- | | 1 - 4 cartons | All | 1 case | 1 case | | 5 - 30 cartons inclusive | 50 | 2 - 10 cases inclusive | 2 cases | | 31 - 120 cartons inclusive | 100 | 11 - 25 cases inclusive | 3 cases | | 120 - 210 cartons inclusive | 200 | 26 - 50 cases inclusive | 4 cases | | 211 - 315 cartons inclusive | 300 | 51 - 100 cases inclusive | 5 cases | | | | 101 - 200 cases inclusive | 8 cases | | | | 201 - 300 cases inclusive | 11 cases | | | | 301 - 400 cases inclusive | 13 cases | | | | 401 - 500 cases inclusive | 14 cases | | | | 501 - 600 cases inclusive | 16 cases | | | | For each additional 50 cases or fraction of a case in excess of 600 cases | 1 case |

¹An inspector shall take 100 eggs from each case for inspection.

History

• Table II was made under new Section R3-2-903 renumbered from R3-2-906 and amended effective July 13, 1995 (Supp. 95-3); it was last amended by final rulemaking at 9 A.A.R. 2089, effective August 2, 2003 (Supp. 03-2). The table and historical notes were moved out of R3-2-903 to maintain the numbering codification scheme of tables made at 26 A.A.R. 781 (Supp. 20-2).

Ariz. Admin. Code § R3-2-906, Table III Violations and Penalties

| Number of Violations | Category A | Category B | Category C | | --- | --- | --- | --- | | 1 | Warning | Warning | Warning | | 2 | $50 | $50 | $100 | | 3 | $100 | $100 | $200 | | 4 | $150 | $400 | | | 5 | $200 | $500 | | | 6 | $250 | | | | 7 | $300 | | |

History

• Table III made by made by final rulemaking at 26 A.A.R. 781, effective June 8, 2020 (Supp. 20-2). Heading added for clarity (Supp. 21-3).

Chapter 1 DEPARTMENT OF AGRICULTURE - ADMINISTRATION

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R3-1-101 Definitions

In addition to the definitions in A.R.S. § 41-1001, the following terms apply to this Chapter:

"Administrative Law Judge" means an individual, or the Director of the Department, who sits as an administrative law judge, conducts an administrative hearing in a contested case or an appealable agency action, and makes decisions regarding the contested case or appealable agency action.

"Department" means the Arizona Department of Agriculture.

"Director" means the Director of the Arizona Department of Agriculture.

"License" includes the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law, but does not include a license required solely for revenue purposes. A.R.S. § 41-1001.

"Licensing" includes the agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license. A.R.S. § 41-1001.

"Person" means an individual, partnership, corporation, association, governmental subdivision or unit of a governmental subdivision, a public or private organization of any character or another agency. A.R.S. § 41-1001.

History

• Adopted effective April 11, 1994 (Supp. 94-2). Section amended by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3). Amended by final rulemaking at 10 A.A.R. 2657, effective August 7, 2004 (Supp. 04-2).

Ariz. Admin. Code § R3-1-102 Computation of Time

The Department shall compute a period of time for action required in a Department rule or order, as follows:

1. The day of the act, event, or default from which the designated period of time begins to run shall not be included;

2. The last day of the period shall be included unless it is a Saturday, Sunday, or Arizona legal holiday in which event the period runs until the end of the next day that is not a Saturday, Sunday, or Arizona legal holiday; and

3. If the period of time allowed is 10 days or less, intermediate Saturdays, Sundays, and Arizona legal holidays are not included.

History

• Adopted effective October 14, 1998 (Supp. 98-4). Amended by final rulemaking at 10 A.A.R. 2657, effective August 7, 2004 (Supp. 04-2).

Ariz. Admin. Code § R3-1-103 Licensing; Testing

A. For a license for which an applicant is required to pass an examination, the Department may limit the amount of time the applicant is allowed to complete the licensing examination. In determining whether and to what extent the time-frame for an examination will be limited, the Department shall consider the following:

1. The number of questions on the examination;

2. The difficulty and content of the questions;

And if available, historical data on the average amount of time taken to complete the examination.

B. An applicant seeking an accommodation under the American's with Disabilities Act to the manner in which an examination is administered shall make a written request to the Department at the time the applicant schedules the examination. The Department may require the applicant to provide medical documentation to confirm the need for the requested accommodation.

C. The Department shall review the request for accommodation and decide this request on a case-by-case basis.

History

• New Section made by final rulemaking at 10 A.A.R. 2657, effective August 7, 2004 (Supp. 04-2).

Article 2 PRACTICE AND PROCEDURE - CONTESTED CASES AND APPEALABLE AGENCY ACTIONS

Ariz. Admin. Code § R3-1-201 Adjudicative Proceedings before the Department

The Department shall use the uniform administrative appeals procedures of A.R.S. Title 41, Chapter 6, Article 10 to govern the initiation and conduct of formal adjudicative proceedings before the Department.

History

• Adopted effective April 11, 1994 (Supp. 94-2). Section repealed; new Section made by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

Ariz. Admin. Code § R3-1-202 [REPEALED]

History

• Adopted effective April 11, 1994 (Supp. 94-2). Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

Ariz. Admin. Code § R3-1-203 [REPEALED]

History

• Adopted effective April 11, 1994 (Supp. 94-2). Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

Ariz. Admin. Code § R3-1-204 [REPEALED]

History

• Adopted effective April 11, 1994 (Supp. 94-2). Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

Ariz. Admin. Code § R3-1-205 [REPEALED]

History

• Adopted effective April 11, 1994 (Supp. 94-2). Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

Ariz. Admin. Code § R3-1-206 [REPEALED]

History

• Adopted effective April 11, 1994 (Supp. 94-2). Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

Ariz. Admin. Code § R3-1-207 [REPEALED]

History

• Adopted effective April 11, 1994 (Supp. 94-2). Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

Ariz. Admin. Code § R3-1-208 [REPEALED]

History

• Adopted effective April 11, 1994 (Supp. 94-2). Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

Ariz. Admin. Code § R3-1-209 [REPEALED]

History

• Adopted effective April 11, 1994 (Supp. 94-2). Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

Ariz. Admin. Code § R3-1-210 [REPEALED]

History

• Adopted effective April 11, 1994 (Supp. 94-2). Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

Ariz. Admin. Code § R3-1-211 [REPEALED]

History

• Adopted effective April 11, 1994 (Supp. 94-2). Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

Ariz. Admin. Code § R3-1-212 [REPEALED]

History

• Adopted effective April 11, 1994 (Supp. 94-2). Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

Ariz. Admin. Code § R3-1-213 [REPEALED]

History

• Adopted effective April 11, 1994 (Supp. 94-2). Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

Ariz. Admin. Code § R3-1-214 [REPEALED]

History

• Adopted effective April 11, 1994 (Supp. 94-2). Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

Ariz. Admin. Code § R3-1-215 [REPEALED]

History

• Adopted effective April 11, 1994 (Supp. 94-2). Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

Ariz. Admin. Code § R3-1-216 [REPEALED]

History

• Adopted effective April 11, 1994 (Supp. 94-2). Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

Ariz. Admin. Code § R3-1-217 [REPEALED]

History

• Adopted effective April 11, 1994 (Supp. 94-2). Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

Ariz. Admin. Code § R3-1-218 Rehearing or Review of Decision; Basis

A. A party may file a motion for rehearing or review under A.R.S. § 41-1092.09.

B. The Director shall grant a rehearing or review of an administrative law judge's decision for any of the following causes materially affecting the moving party's rights:

1. The decision is not justified by the evidence or is contrary to law.

There is newly discovered material evidence which could not with reasonable diligence have been discovered and produced at the original proceeding.

3. One or more of the following has deprived the party of a fair hearing:

a. Irregularity or abuse of discretion in the conduct of the proceeding;

b. Misconduct of the Department, the administrative law judge, or the prevailing party; or

c. Accident or surprise which could not have been prevented by ordinary prudence.

4. Excessive or insufficient sanction.

C. The Director may grant a rehearing or review to any or all of the parties. The rehearing or review may cover all or part of the issues for any of the reasons stated in subsection (B). An order granting a rehearing or review shall particularly state the grounds for granting the rehearing or review, and the rehearing or review shall cover only the grounds stated.

History

• Adopted effective April 11, 1994 (Supp. 94-2). Amended by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

Ariz. Admin. Code § R3-1-219 [REPEALED]

History

• Adopted effective April 11, 1994 (Supp. 94-2). Section repealed by final rulemaking at 8 A.A.R. 3194, effective July 10, 2002 (Supp. 02-3).

Article 3 PUBLIC PARTICIPATION IN RULEMAKING

Ariz. Admin. Code § R3-1-301 Rulemaking Record

A person may review an official rulemaking record at the Department's main office, Monday through Friday, except an Arizona legal holiday, during the hours of 8:00 a.m. to 5:00 p.m. The Department shall provide a copy of a record according to the provisions of A.R.S. § 39-121 et seq.

History

• Adopted effective April 11, 1994 (Supp. 94-2). Amended by final rulemaking at 10 A.A.R. 2657, effective August 7, 2004 (Supp. 04-2).

Ariz. Admin. Code § R3-1-302 Petition to Make, Amend, or Repeal a Rule

A. A person requesting the Department to adopt, amend, or repeal a rule, as prescribed in A.R.S. § 41-1033, shall file a petition with the Director. A petition shall contain:

1. The name, address, and signature of the person submitting the petition;

For the making of a new rule, the specific language of the proposed rule;

3. For the amendment of a current rule, the Section number, title, and language of the current rule with changes identified by drawing a line through language to be deleted and underlining proposed language;

For the repeal of a current rule, the Section number and title of the rule;

5. A statement describing why the rule should be made, amended, or repealed; and

6. The date the petition is signed.

B. A person may submit additional information in support of a petition, including:

1. Statistical data or other study, clearly referencing any attached exhibit;

2. Identification of a person that would be affected and how the person would be affected; and

3. If the petitioner is a public agency, a summary of relevant issues raised in any public hearing, or any written comments received from the public.

History

• Adopted effective April 11, 1994 (Supp. 94-2). Amended by final rulemaking at 10 A.A.R. 2657, effective August 7, 2004 (Supp. 04-2).

Ariz. Admin. Code § R3-1-303 Written Comment; Proposed Rulemaking

A person shall direct written comment on a proposed rule to the person identified by the Department in a rulemaking notice published in the Arizona Administrative Register as responsible for accepting written comment.

History

• Adopted effective April 11, 1994 (Supp. 94-2). Amended by final rulemaking at 10 A.A.R. 2657, effective August 7, 2004 (Supp. 04-2).

Ariz. Admin. Code § R3-1-304 Oral Proceeding; Proposed Rulemaking

A presiding officer shall perform the following acts on behalf of the Department when conducting an oral proceeding as prescribed under A.R.S. § 41-1023:

1. Request that each attendee register by name and representative capacity, if applicable, on a form provided by the Department;

2. Require that an attendee intending to speak provide the following information on a form obtained from the Department:

a. Name and representative capacity, if applicable;

b. Position with regard to the proposed rule; and

c. Approximate length of time needed to present comment;

3. Open the oral proceeding by identifying the rule to be considered, the purpose of the proceeding, and the agenda for the proceeding;

4. Allow a statement by a Department representative to explain the background and general content of the proposed rule;

Allow public comment limited to a reasonable amount of time for each speaker, without permitting undue repetition, or extensive reading of written comments or exhibits into the record;

Allow the Department to present additional information after public comments are received;

7. Allow a person to respond to the Department's supplemental presentation;

8. Accept written comments and exhibits on behalf of the Department; and

Make closing remarks that include the location where written comments are received by the Department and the date and time the rulemaking record will close.

History

• Adopted effective April 11, 1994 (Supp. 94-2). Amended by final rulemaking at 10 A.A.R. 2657, effective August 7, 2004 (Supp. 04-2).

Ariz. Admin. Code § R3-1-305 [REPEALED]

History

• Adopted effective April 11, 1994 (Supp. 94-2). Section repealed by final rulemaking at 10 A.A.R. 2657, effective August 7, 2004 (Supp. 04-2).

Ariz. Admin. Code § R3-1-306 Written Criticism of a Current Rule

A. A person may file a written criticism of a current rule with the Department at any time.

B. A criticism shall clearly identify the rule addressed and describe with specificity the person's concern regarding the rule.

C. The Department shall acknowledge receipt of a criticism within 20 days and shall retain the criticism in the Department's files for review under A.R.S. § 41-1056.

D. A criticism is not a petition as prescribed in R3-1-302.

History

• Adopted effective April 11, 1994 (Supp. 94-2). Amended by final rulemaking at 10 A.A.R. 2657, effective August 7, 2004 (Supp. 04-2).

Ariz. Admin. Code § R3-1-307 Petition for Review of a Practice or Policy

A person may petition the Director to review a practice or substantive policy statement, as prescribed in A.R.S. § 41-1033, that the petitioner alleges to constitute a rule. The petition shall contain:

1. The name, address, and signature of the petitioner;

2. The representative capacity of the petitioner, if applicable;

3. The practice or substantive policy statement at issue, identified by Department division, number, title, date, or concise description;

4. A statement describing with specificity why the petitioner alleges the practice or substantive policy statement constitutes a rule; and

5. The date the petition is signed.

History

• New Section made by final rulemaking at 10 A.A.R. 2657, effective August 7, 2004 (Supp. 04-2).

Chapter 2 DEPARTMENT OF AGRICULTURE - ANIMAL SERVICES DIVISION

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R3-2-101 Definitions

In addition to the definitions provided in A.R.S. §§ 3-1201, 3-1451, and 3-1771, the following terms apply to this Chapter:

"Accredited veterinarian" means a veterinarian approved by the State Veterinarian and USDA Area Veterinarian In Charge (A.V.I.C.) to perform functions required by cooperative State-Federal animal disease control and eradication programs. "Animal" means livestock, bison, dogs, cats, rabbits, rodents, aquatic animals, game animals, furbearing and wildlife mammals, poultry and psittacines.

"APHIS" means the Animal and Plant Health Inspection Service of the United States Department of Agriculture. "Beef cattle" means all cattle other than dairy cattle.

"Certificate of Veterinary Inspection" or "CVI" means a legible record that is issued by a VS animal health official, state animal health official, or accredited veterinarian at the point of origin of a shipment of animals, conforms to the requirements of R3-2-606, and is written on a form approved by the chief animal health official of the state of origin or an equivalent form of the USDA attesting that the animal described has been inspected and found to meet the Arizona entry requirements.

"Dairy cattle" means any domesticated bovine dairy animal or crosses of the Bos genus that show at least 50 percent phenotypic characteristics of a dairy breed, including; Ayrshire, Brown Swiss, Canadienne, Dutch Belt, Holstein, Jersey, Guernsey, Kerry, Milking Devon, Milking Shorthorn, or Norwegian Red.

"Designated feedlot" means a feedlot containing a confined drylot area under state quarantine that is approved and authorized by the State Veterinarian; contains a restricted feeding pen; and is maintained for finish feeding of cattle or bison that do not meet the brucellosis or tuberculosis import test requirements.

"Entry permit number" or "Import permit number" means a serialized number issued by the State Veterinarian's Office that conforms to the requirements of this chapter and allows the regulated movement of certain animals into Arizona.

"Equine Infectious Anemia" or "EIA" means an infectious, noncontagious, and potentially fatal viral disease of members of equine caused by a RNA virus classified in the Lentivirus genus, family Retroviridae.

"Official Identification" as defined in 9 CFR 71.19(b) as revised on January 1, 2018 for swine; 9 CFR 79.2(a)(2) as revised on January 1, 2018 for sheep and goats; and 9 CFR 86.4 as revised on January 1, 2018 for cattle.

"Poultry" means any bird except psittacine, whether live or dead, including but not limited to chickens, turkeys, ducks, geese, guineas, ratites, squabs, and any exotic birds not regulated as restricted wildlife by the Arizona Game and Fish Department. The definition "poultry" also includes hatching eggs, which are fertilized eggs produced by breeding poultry.

"Psittacine" means a bird belonging to the family Psittacidae, which includes macaws, parakeets, and parrots.

"USDA" means the United States Department of Agriculture.

"VS" means the Veterinary Services branch of APHIS.

History

• Reserved Section R3-2-101 renumbered from R3-9-101 (Supp. 91-4). New Section adopted effective September 11, 1996 (Supp. 96-3). Section R3-2-101 recodified to R3-2-1101 (Supp. 97-1). New Section adopted effective May 7, 1997 (Supp. 97-2). Amended by final rulemaking at 14 A.A.R. 876, effective May 3, 2008 (Supp. 08-1). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-102 Licensing Time-frames

A. Overall time-frame. The Department shall issue or deny a license within the overall time-frames listed in Table 1 after receipt of the complete application. The overall time-frame is the total of the number of calendar days provided for the administrative completeness review and the substantive review.

B. Administrative completeness review.

1. The administrative completeness review time-frame established in Table 1 begins on the date the Department receives the application. The Department shall notify the applicant in writing within the administrative completeness review time-frame whether the application or request is incomplete. The notice shall specify what information is missing. If the Department does not provide notice to the applicant within the administrative completeness review time-frame, the Department considers the application complete.

2. An applicant with an incomplete license application shall supply the missing information within the completion request period established in Table 1. The administrative completeness review time-frame is suspended from the date the Department sends the notice of missing information to the applicant until the date the Department receives the information.

3. If the applicant fails to submit the missing information before the expiration of the completion request period, the Department shall close the file, unless the applicant requests an extension. An applicant whose file has been closed may obtain a license by submitting a new application.

C. Substantive review. The substantive review time-frame established in Table 1 shall begin after the application is administratively complete.

1. If the Department makes a comprehensive written request for additional information, the applicant shall submit the additional information identified by the request within the additional information period provided in Table 1. The substantive review time-frame is suspended from the date of the Department request until the information is received by the Department. If the applicant fails to provide the information identified in the written request within the additional information period, the Department shall deny the license.

2. The Department shall issue a written notice granting or denying a license within the substantive review time-frame. If the application is denied, the Department shall send the applicant written notice explaining the reason for the denial with citations to supporting statutes or rules, the applicant's right to seek a fair hearing, and the time period in which the applicant may appeal the denial.

History

• Reserved Section R3-2-102 renumbered from R3-9-102 (Supp. 91-4). New Section adopted effective September 11, 1996 (Supp. 96-3). Section R3-2-102 recodified to R3-2-1102 (Supp. 97-1). New Section R3-2-102 adopted effective October 8, 1998 (Supp. 98-4). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-103 Recodified

History

• Adopted effective August 19, 1983 (Supp. 83-4). R3-2-103 renumbered from Section R3-9-103 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2). New Section adopted effective September 11, 1996 (Supp. 96-3). Section R3-2-103 recodified to R3-2-1103 (Supp. 97-1).

Ariz. Admin. Code § R3-2-104 Recodified

History

• Adopted effective September 11, 1996 (Supp. 96-3). Section R3-2-104 recodified to R3-2-1104 (Supp. 97-1).

Ariz. Admin. Code § R3-2-105 Recodified

History

• Adopted effective September 11, 1996 (Supp. 96-3). Section R3-2-105 recodified to R3-2-1105 (Supp. 97-1).

Ariz. Admin. Code § R3-2-106 Recodified

History

• Adopted effective September 11, 1996 (Supp. 96-3). Section R3-2-106 recodified to R3-2-1106 (Supp. 97-1).

Ariz. Admin. Code § R3-2-107 Recodified

History

• Adopted effective September 11, 1996 (Supp. 96-3). Section R3-2-107 recodified to R3-2-1107 (Supp. 97-1).

Ariz. Admin. Code § R3-2-108 Recodified

History

• Adopted effective September 11, 1996 (Supp. 96-3). Section R3-2-108 recodified to R3-2-1108 (Supp. 97-1).

Ariz. Admin. Code § R3-2-109 Recodified

History

• Adopted effective September 11, 1996 (Supp. 96-3). Section R3-2-109 recodified to R3-2-1109 (Supp. 97-1).

Article 2 MEAT AND POULTRY INSPECTION

Ariz. Admin. Code § R3-2-201 Definitions

In addition to the definitions provided in A.R.S. §§ 3-101 and 3-2001 and 9 CFR 301.2 and 9 CFR 381.1, which are incorporated by reference in R3-2-202, the following terms apply to this Article:

1. "Animal" means any steer, heifer, calf, cow, bull, sheep, goat, swine, horse, ass, mule, burro, ratite, or poultry.

2. "Dead animal" means an animal that died other than by slaughter in a place where inspection is performed by the Department or by the United States Department of Agriculture.

3. "Inedible meat" means:

a. Meat or meat food product from an animal that died by slaughter or was processed in an inspected slaughterhouse, but which an inspector did not pass as fit for human consumption; or

b. Meat condemned by a federal or state inspector.

4. "Rendering" means the conversion of packinghouse waste or dead animal carcasses and parts into industrial fat, oil, or other product unfit for human consumption.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Amended effective June 4, 1987 (Supp. 87-2). Amended subsection (A) effective February 28, 1989 (Supp. 89-1). Section R3-2-201 renumbered from Section R3-9-201 (Supp. 91-4). Section repealed, new Section adopted effective July 13, 1995 (Supp. 95-3). Amended by final rulemaking at 10 A.A.R. 2661, effective August 7, 2004 (Supp. 04-2).

Ariz. Admin. Code § R3-2-202 Meat and Poultry Inspection; Slaughtering Standards

All meat and poultry inspection, slaughtering, production, processing, labeling, storing, handling, transportation and sanitation procedures shall be conducted as prescribed in 9 CFR Chapter III, revised January 1, 2024, as amended by 88 FR 55913 (August 17, 2023), except sections 302.2, 307.5, 307.6, 312, 322, 327, 329.7, 329.9, 331, 335, 351, 352, 354, 355, 381.38, 381.39, 381.96 through 381.112, 381.195 through 381.209, 381.218 through 381.225, 390, 391, 392, 530 through 561, 590 and 592. This material is incorporated by reference and does not include any later amendments or editions. A copy of the incorporated material is available from the Department and may also be viewed online at www.gpo.gov/fdsys.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Amended effective June 4, 1987 (Supp. 87-2). Amended subsection (A) effective February 28, 1989 (Supp. 89-1). Section R3-2-202 renumbered from Section R3-9-202 (Supp. 91-4). Amended effective July 13, 1995 (Supp. 95-3). Amended effective March 5, 1997 (Supp. 97-1). Amended by final rulemaking at 6 A.A.R. 465, effective January 5, 2000 (Supp. 00-1). Amended by final rulemaking at 8 A.A.R. 3625, effective August 7, 2002 (Supp. 02-3). Amended by final rulemaking at 10 A.A.R. 1971, effective May 4, 2004 (Supp. 04-2). Amended by emergency rulemaking at 15 A.A.R. 1890, effective October 21, 2009 for 180 days (Supp. 09-4). Emergency expired; Section amended by final rulemaking at 16 A.A.R. 351, effective April 3, 2010 (Supp. 10-1). Amended by emergency rulemaking at 19 A.A.R. 150, effective January 9, 2013 (Supp. 13-1). Amended by final rulemaking at 19 A.A.R. 1789, effective July 9, 2013. Amended by final rulemaking at 22 A.A.R. 2167, effective 10/2/2016. Amended by final rulemaking at 31 A.A.R. 530, effective 4/8/2025.

Ariz. Admin. Code § R3-2-204 Official Slaughter Establishment

In addition to the requirements in A.R.S. § 3-2051, the following shall be provided when slaughtering cattle, calves, sheep, and hogs:

1. Cattle.

a. A metal knocking box or concrete box with metal door to confine the animals prior to stunning;

b. A separately drained, dry landing area at least five feet wide in front of the knocking box;

c. A curbed-in bleeding area at least eight feet wide and seven feet long, located so that blood will not splash upon stunned animals lying in the dry landing area or upon carcasses being skinned on the siding bed. Curbing shall be at least six inches high and six inches wide;

d. A separately drained area at least five feet from the curbed-in bleeding area to the siding bed;

e. A distance of at least 14 feet from the vertical of the dropoff to the vertical of the hoist where carcasses are eviscerated. For multiple-bed plants, this distance shall be increased to 16 feet;

f. A distance of at least 14 feet between the vertical of the hoist where carcasses are eviscerated and the header rail leading to the cooler. This distance may be shortened when a single rail hang-off is used;

g. A distance of at least three feet from the header rail to the adjacent wall;

h. A bleeding rail with its top at least 16 feet above the floor or a traveling hoist on an I-beam which will provide an equivalent distance of the carcass from the floor;

i. Floor space for a head-flushing cabinet and head inspection rack with removable hooks;

j. When hides are dropped to a room below, a hide chute near the point where hides are removed from the carcasses. The chute shall have a vented hood with a self-closing, push-in door. The vent shall be approximately 10 inches in diameter and extend to a point above the roof. Additional chutes, which meet the requirements of this subsection, for inedible and condemned materials shall be provided separate from the hide chutes;

k. A two-level viscera inspection truck for evisceration, except when a moving top viscera inspection table is used;

l. An area for washing and shrouding carcasses which shall be curbed and sloped to a separate drain or have a slope of approximately 1/2 inch to the foot leading to a separate drain;

m. Dressing rails and cooler rails at least 11 feet in height.

2. Calves and sheep.

a. A bleeding rail with its top approximately 11 feet from the floor. The floor of the bleeding area shall be curbed and separately drained;

b. Dressing and cooler rails of such height as to provide a clearance of at least eight inches from the carcasses to the floor. Calves which are of such size that there is not a clearance of at least eight inches above the floor, or whose viscera cannot be transferred manually and unaided to the inspection stand, shall be skinned and eviscerated as cattle;

c. Facilities for washing hides of calves before any incision is made (except the sticking wound) when carcasses are dressed hide on. The heads of calves and veal slaughtered by the Kosher method shall be skinned prior to the washing of the carcasses;

d. Facilities for flushing, washing, and inspecting calf heads, including head-flushing cabinet and head inspection rack with removal calf loops;

e. Facilities for the inspection of the viscera. A hoppered metal stand shall be provided which accommodates two removal inspection pans. One inspection pan is for the thoracic viscera; the other is for the abdominal viscera. The pans shall have perforated bottoms and handles or hand holes for removal. A sterilizing receptacle shall be provided for sterilization of contaminated pans;

f. Facilities for washing sheep carcasses after removal of the pelt. Calves and sheep shall be washed again after they have been eviscerated.

3. Hogs.

a. Facilities for bleeding hogs in a hanging position, over a separately drained, curbed-in bleeding area;

b. A scalding vat and gambreling table, including the platforms, of metal construction;

c. A shaving rail to assure that carcasses are cleaned;

d. A hoppered metal stand for the inspection of viscera. A sterilizing receptacle shall be provided at a convenient location for the sterilization of contaminated pans;

e. Dressing and cooler rails at least nine feet high or of such height as to provide a clearance of at least eight inches between the lowest point of the carcass, or head if left attached, and the floor.

4. Coolers. A chill cooler and separate holding coolers may be provided or both may be combined in one room. The chill cooler shall have floors of concrete sloped to a drain. The walls shall be smooth, light colored, impervious, and the room shall be sealed. The other coolers shall have floors of concrete; the walls shall be smooth, free of cracks, light colored, impervious, and the room shall be sealed. The door between the slaughtering department and the chill cooler shall be clad with rust-resistant metal. Rails shall be spaced at least two feet from walls, columns, refrigerating equipment, or other fixed equipment to prevent contact with the carcasses. Header rails shall be three feet from the walls. When overhead refrigerating facilities are provided, insulated drip pans must be installed beneath them and the pans connected to the drainage system. If wall coils are installed, a drip gutter of impervious material and connected with the drainage system shall be installed beneath the coils. When edible offal is chilled or stored in a cooler other than a separate offal cooler, that area shall be separately drained.

5. Other edible products departments.

a. Floors, walls, and ceilings in the various edible products departments of the plant shall be constructed of material that can be readily kept clean. Wooden structures and equipment shall be kept at a minimum. Floors requiring drainage shall be constructed of dense concrete or floor brick laid on a concrete base. The interior walls and, where practical, ceiling surfaces shall be smooth and flat. Walls shall be constructed of glazed tile, smooth cement plaster, or other USDA-approved impervious material. Walls shall be free of cracks and crevices, and, where brick or tile is used, the mortar joints shall be flush with the surface of the walls. Walls shall be light colored.

b. The floors of the plant shall be well-drained; a slope of not less than 1/4 inch to the foot to drainage inlets is required. The floors shall be smooth, impervious, and in good repair; they shall be free from cracks and depressions which could hold floor liquids. Wooden floors are not permitted. Junctions of floors and walls shall be coved.

c. Walls, ceilings, beams, and hangers shall be cleaned. Rails may be oiled instead of painted. Rust and scale shall be removed from hangers and meat trolleys. Smooth Portland cement plaster walls shall not be painted.

6. Hide room. The floor of the hide room, if provided, shall be of concrete and drained. Walls shall be smooth and impervious to at least the highest point of the hide pile. The hide room shall not connect with the slaughtering department except for one opening which shall be equipped with a tight-fitting, self-closing door. The hide room shall not connect with any other room in which edible products are stored, processed, or handled.

7. Disposal of blood. When blood is not permitted to drain into the sewage system, it may be collected in a metal tank and removed from the premises or blown to the blood drier in a manner that will not mask odors or create a harborage for pests.

8. Other inedible products departments.

a. An inedible products department, completely separate and apart from edible products departments, shall be provided. Walls shall be of smooth, finished, Portland cement plaster, glazed tile, or other USDA-approved material impervious to moisture. Floors shall be constructed of dense concrete or floor tile, sloped to drain. Hot and cold water connections shall be provided. With the exception of one opening to the slaughtering department, there shall be no openings between an inedible products department and an edible products department. This one opening shall be approximately five feet in width to allow the free passage of materials and shall be equipped with a close-fitting, self-closing door of solid construction. This door shall be kept closed at all times, except when in actual use, to prevent the entrance of undesirable odors to the slaughtering department. The area at the loading dock shall be paved, drained, and of sufficient size to accommodate the largest truck used. If inedible offal is stored in an edible offal room, the room is classed as an inedible products department. Paunches may be opened in the slaughtering department only when a hydraulic mechanically operated paunch lift table is provided and used for this purpose. Otherwise, the paunches shall be opened in the inedible offal rooms.

b. Requests for permission for rendering of shop scraps and outside dead animals shall be made to the inspector who shall grant or deny the request pursuant to Article 2.

9. Pens.

a. Holding pens shall be surfaced with an impervious material, sloped to drains. A curb shall be installed around the outside of the pens to prevent the wash from escaping. Water under pressure shall be available for washing out the pens. Feeding pens shall be at least 300 feet from the plant and shall not be located in front of the plant.

b. Holding and shackling pens shall be located outside of, or separated from, the slaughtering department.

10. Drainage

a. Floors which require flushing during operations shall have sloped floor drains to carry off the floor drainage. Each floor drain shall be equipped with a deep-seal trap; the drainage lines shall be vented to the outside in accordance with local plumbing codes. In no case shall a drain line be less than four inches in diameter.

b. Sewage may be disposed of into a municipal sewer system, if permitted by local ordinance, or it may be disposed of into a stream or other similar body of water, provided that:

i. This method is acceptable to local health authorities having jurisdiction over sewage disposal, and

ii. The flow of the stream or other body of water is sufficient to carry the sewage away from the plant at all seasons of the year. When cesspools are used, they shall be of sufficient size to receive the sewage from the plant at all times; they shall be so constructed that they do not create a nuisance by breeding flies or other insects.

c. Grease recovery basins shall not mask odors or create a harborage for pests.

11. Equipment and utensils.

a. Equipment shall be constructed of metal and shall be so constructed that it can be easily cleaned. Cutting boards may be of hard wood or synthetic material, but equipment, such as the framework of boning or cutting tables, scalding vats, offal racks and trees, product storage racks, and product trucks shall be of metal construction. Rusty or worn-out equipment shall be replaced.

b. All equipment shall be thoroughly cleaned following each day's operations. The use of a clear, colorless, odorless, tasteless, edible mineral oil may be used on metal equipment, such as choppers, grinders, mixers, tables, meat trucks, offal racks, hooks, and trolleys. Scale shall not be permitted to accumulate on metal equipment.

c. Sterilizing receptacles equipped with drains to permit draining and cleaning shall be placed at convenient locations in the slaughtering department for the cleaning and sterilization of contaminated tools and equipment. Water wasting from equipment shall not flow across the floor.

d. Shovels used for transferring ice or other edible materials from one container to another shall not touch the floor.

12. Ventilation and lighting. Natural ventilation may be supplemented by artificial means and shall be sufficient to assure the absence of dust, masking odors, or steam vapors. Points where inspection is conducted may require special lighting. The glass area shall be at least 1/4 of the floor area in all nonrefrigerated work rooms. To assure adequate lighting at all times and at all places, natural lighting must be supplemented by well-distributed artificial lighting.

13. Water supply, wash basins, sterilizing facilities.

a. Hot and cold running water, under pressure, shall be available at all parts of the establishment and in conformity with the requirements of the Arizona Department of Health Services. The hot water used for sterilizing equipment, floors, and walls that may be contaminated by the dressing procedure or handling of diseased carcasses, viscera, and other animal parts, shall be at least 180° F. A thermometer shall be installed to verify the temperature of the water at the point of use. A cleanup hose shall be available for use.

b. Foot-pedal operated wash basins shall be placed in or near dressing rooms. These wash basins shall be equipped with running hot and cold water, delivered through a combination mixing faucet with an outlet at least 12 inches above the rim of the bowl. The drainage outlet shall lead directly into the sewage lines. Soap and towels, and a receptacle for dirty paper towels or other trash, shall be convenient to the wash basin.

c. One or more wash basins shall be located in the slaughtering department, and one or more in the sausage manufacturing room and at any other place in the establishment essential to ensure cleanliness of all persons handling products. The wash basins shall be equipped with hot and cold running water, delivered through a combination mixing faucet with an outlet at least 12 inches above the rim of the bowl. The water delivery shall be foot-pedal operated, and the drainage outlet shall lead directly into the sewage lines. Soap and disposable towels shall be convenient to the wash basins.

d. Water for sterilizing purposes shall be maintained at a temperature of at least 180o F. One or more sterilizing receptacles of rust-resisting, impervious material shall be placed at convenient locations in the slaughtering department for the sterilization of all implements that have been contaminated or used on a diseased carcass or part of a diseased carcass. The sterilizer shall be equipped with a cold water and steam line, or other means to maintain water at a temperature of at least 180o F during slaughtering operations. The sterilizer shall contain a drain so that water may be completely drained out for daily cleaning. Boilers and water heaters shall not be located in the slaughtering department or in any edible products department. To prevent possible back siphonage, vacuum breakers shall be provided on all steam and water lines when open ends are submerged or connected to equipment.

14. Protection against flies, rodents, or other vermin.

a. Plants must be kept free of flies, rats, mice, roaches, and other pests or vermin. The plant shall be constructed to prevent entrance of rodents to the premises and to eliminate their breeding places from the surrounding areas and in the establishment. Construction of the plant shall be such as to eliminate roach and other insect harbors. Windows, doors, and other openings to the plant shall be provided with insect screens, or other measures to prevent entrance of flies or other insects. The screens shall be kept in good repair. Sprays containing residual-acting chemicals shall not be used in edible products departments.

b. Animal-handling facilities such as stock pens and runways shall be cleaned as often as necessary and the manure or other waste materials removed shall not be permitted to accumulate at or near the plant.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-204 renumbered from Section R3-9-204 (Supp. 91-4). Amended effective July 13, 1995 (Supp. 95-3). Amended by final rulemaking at 5 A.A.R. 1593, effective May 5, 1999 (Supp. 99-2).

Ariz. Admin. Code § R3-2-205 Expired

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-205 renumbered from Section R3-9-205 (Supp. 91-4). Amended effective July 13, 1995 (Supp. 95-3). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 135, effective December 15, 2016 (Supp. 16-4).

Ariz. Admin. Code § R3-2-206 Purchase, Sale, Collection, Transportation, Disposition, and Use of Meat or Meat Food Products; Dead Animals; Animal Bone, Animal Fat, Animal Offal

A. A person shall not buy, sell, offer for sale, store, transport, receive, or collect any meat or meat food product except as provided in this subsection.

1. Any of the following meat or meat food products may be bought, sold, or offered for sale as animal food and may be stored, transported, received, or collected anywhere within the state:

a. Any meat or meat food product that is processed in an animal food manufacturing plant licensed by the Department;

b. Any meat or meat food product that comes from an animal that died by slaughter or is approved or passed for animal food by either state or federal meat inspectors;

c. Any meat or meat food product that is thoroughly cooked at a minimum temperature of 180º F for 30 minutes and is certified by a state or a federal meat inspector having jurisdiction at the place of processing.

A carcass with the hide, hair, or pelt still on the carcass may be bought, sold, offered for sale, collected and transported to or received by the following only:

a. A rendering or tallow plant;

b. A state or county diagnostic laboratory, a veterinarian's clinic, or crematory;

c. An animal food manufacturing plant;

d. A landfill regulated by the Arizona Department of Environmental Quality;

e. An out-of-state landfill regulated by that state's landfill regulatory authority; or

f. A landfill located on a Native American reservation that is regulated by equivalent standards to those prescribed by the Arizona Department of Environmental Quality.

3. Any meat or meat food product described in subsection (A)(1) or a carcass with the hide, hair, or pelt still on the carcass from an official state or federal slaughter establishment shall be denatured with a denaturant that will not leave a toxic residue and is removable when steam-distilled at atmospheric pressure.

4. Any meat or meat food product that has been condemned by state or federal meat inspectors shall be treated as provided in 9 CFR 314.3, which has been incorporated by reference in R3-2-202, and may be disposed of as provided in that rule or may be collected and transported to or received by a rendering or tallow plant or a state or county diagnostic laboratory or crematory.

B. A person engaged commercially in the collection or transportation of dead animal carcasses or inedible meat shall register with the Department as a dead animal hauler as prescribed in R3-2-203(B) and shall maintain and keep all records for the time required by R3-2-203(C).

C. A vehicle or other means of conveyance used to transport a dead animal carcass or inedible meat shall be:

1. Leak-proof,

2. Constructed of impervious materials that permit thorough cleaning and sanitizing,

3. Equipped to control insects and odors and prevent the spread of disease, and

4. Comply with the Department of Environmental Quality vehicle requirements prescribed in R18-13-310(A) and (B).

D. Except as provided in subsection (E), a dead animal carcass may be rendered or made into animal food only at a licensed rendering or animal food manufacturing plant as prescribed in A.R.S. § 3-2088 and this Article.

E. Dead animals diagnosed with anthrax or an animal disease foreign to the United States shall be handled as directed by the State Veterinarian.

F. Discarded animal bone, animal fat, and animal offal generated by a wholesale food manufacturer shall be transported to and received by only a:

1. Licensed rendering plant, or

2. Landfill, as prescribed in subsections (A)(2)(d), (A)(2)(e), and (A)(2)(f).

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-206 renumbered from Section R3-9-206 (Supp. 91-4). Amended effective July 13, 1995 (Supp. 95-3). Citation in subsection (B) corrected to R3-2-203(C) from R3-2-208(C) under R1-1-109(C) (Supp. 01-2). Amended by final rulemaking at 8 A.A.R. 3015, effective July 10, 2002 (Supp. 02-3).

Ariz. Admin. Code § R3-2-207 Meat from Dead Animals Processed and Decharacterized for Use As Animal Food

A. The following are minimum requirements for animal food manufacturing plants:

1. Hot and cold water shall be provided with facilities for its distribution in the plant which shall conform with the minimum requirements of the state Department of Health Services. The hot water shall be at least 180° F and shall be used for the cleaning of equipment, floors, and walls.

2. There shall be a drainage and plumbing system and a sewage disposal system that will not serve as a breeding place for flies, constitute a hazard, or endanger public health. Both systems shall meet the minimum requirements of the state Department of Health Services.

The floors, walls, ceilings, partitions, posts, doors, and other parts of all structures shall be of materials, construction, and finish that are capable of being thoroughly cleaned. The floors shall be tile, cement or other material impervious to water and shall have sufficient drainage to preclude stagnant accumulations of moisture.

4. All outside windows and doors shall be screened.

5. All rooms shall have natural or artificial lighting and well-distributed ventilation sufficient to prevent uncontrolled mold growth and filth or bacteria that may endanger health.

6. The plant shall be kept free from flies, rats, mice, and other vermin. Dogs and cats shall be excluded from the plants.

7. Tables, benches, and other equipment shall be provided so that processing can be performed free from filth or bacteria that may endanger health.

8. Each plant shall provide toilets, wash basins, towels, hot and cold running water, and soap for the employees with separate facilities when both sexes are employed. Toilets and wash basins shall be kept free from filth or bacteria that may endanger health. The rooms in which the toilet facilities are located shall be ventilated and shall be separated from the rooms in which the animal food is manufactured.

9. Coolers shall be maintained below 40° F. Freezers shall be maintained below 10° F.

B. Decharacterizing or denaturant agents: The following USDA-approved denaturant agents may be used: Charcoal (finely powdered) with a minimum l lb. per 100 lbs. meat, F-D & C Blue 1, F-D & C Blue 2, F-D & C Green 3, or liquid charcoal.

1. In addition to the application of the denaturing agents listed, meat or meat products shall be identified with the following information:

a. The kind of animal,

b. The following phrases:

i. For pet food only from dead animals,

ii. Denatured with ________________________,

c. The correct statement of net weight, and

d. The name and address of processor or manufacturer.

2. Before the denaturing agents are applied to pieces more than four inches in diameter, the pieces shall be freely slashed or sectioned. The application of any of the denaturing agents listed in this Section to the outer surfaces of molds or blocks of boneless meat, meat by-products, or meat food products shall not be considered adequate. The denaturing agent shall be mixed thoroughly with all of the material to be denatured and shall be applied in such quantity and manner that it cannot easily and readily be removed by washing or soaking. Denaturant shall be used to give the meat, meat by-products, raw animal fat, or rendered animal fats and oils, a distinctive color, odor, or taste so that such material cannot be confused with an article of human food.

3. All denaturing shall be done immediately upon condemnation of the meat or product, or immediately after the meat or product is prepared or during preparation.

4. True containers shall be legibly marked with the words "Beef or horse meat from dead animals for pet food only and not for human consumption" in letters at least 3/4 inch in height, on all sides and in at least two places if the container has less than four sides.

5. Every carrying container in which meat obtained from a dead animal is packaged shall have an exterior surface sufficiently absorbent so that the markings on at least two sides, in letters two inches high "Pet food only," will not become illegible during handling, storage, or transportation of the container.

C. Sales of meat obtained from a dead animal are permitted only to kennels, zoos, and animal food manufacturing plants registered by the Department, and records of sales shall be maintained by the purchaser and animal food manufacturing plant.

D. Each vehicle used for the transportation of fresh or frozen pet food shall be clearly and legibly marked with the name of the manufacturer in letters not less than four inches in height on both sides of the cab or body.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-207 renumbered from Section R3-9-207 (Supp. 91-4). Amended effective July 13, 1995 (Supp. 95-3).

Ariz. Admin. Code § R3-2-208 Diseased and Injured Animals

A. Diseased animals.

1. No meat from any diseased animal shall be processed, sold or stored at premises where food is sold or prepared for human consumption, unless it is decharacterized and clearly identified "Not for Human Consumption."

2. Subsection (A)(1) does not apply to meat from animals affected by any disease that does not render the meat unfit for human consumption if the affected animals are slaughtered in establishments where meat inspection is maintained under A.R.S. § 3-2051 and 9 CFR, Chapter III, Subchapter A, which is incorporated by reference in R3-2-202(A).

B. Injured animals. An injured animal may be slaughtered by:

1. The animal's owner at the owner's premises if the meat is used solely for consumption by the owner, the owner's immediate family, or employees. The owner shall keep the animal's hide until it has been inspected and marked or tagged by a livestock officer under A.R.S. § 3-2011.

2. An official slaughter establishment, if:

a. The animal is inspected by a livestock officer at origin; or

b. The animal is transported to the official slaughter establishment with a self-inspection certificate; or

c. The animal is transported to an official slaughter establishment with a waiver from the Associate Director and the waiver is documented by the livestock officer.

3. An exempt slaughterer, if the meat is used solely for consumption by the animal's owner, the owner's immediate family or employees, and if:

a. The animal's body temperature is 103º F or less and except for the injury its condition appears normal; and

b. The animal is inspected by a livestock officer at origin who verifies the temperature and condition of the animal and approves it for slaughter; or

c. The Associate Director waives the inspection and the waiver is documented by the livestock officer, and the exempt slaughterer verifies the temperature and condition of the animal.

C. Non-ambulatory disabled cattle. Non-ambulatory disabled cattle shall not be slaughtered by any official or exempt slaughterer. Non-ambulatory disabled cattle are cattle that cannot rise from a recumbent position or that cannot walk, including, but not limited to, those with broken appendages, severed tendons or ligaments, nerve paralysis, fractured vertabal column, or metabolic conditions.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-203 renumbered from Section R3-9-203 (Supp. 91-4). Amended effective July 13, 1995 (Supp. 95-3). Former Section R3-2-208 renumbered to R3-2-203; new Section R3-2-208 renumbered from Section R3-2-203 and amended by final rulemaking at 5 A.A.R. 1593, effective May 5, 1999 (Supp. 99-2). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-209 Exempt Non-mobile Slaughter Establishments

In addition to A.R.S. § 3-2050 and the material incorporated in R3-2-202(A), the following shall be provided when slaughtering animals in an exempt non-mobile slaughter establishment:

General.

a. A metal knocking box or concrete box with metal door to confine the animal before stunning;

b. A distance of at least three feet from the header rail to the adjacent wall;

c. A bleeding rail with its top at least 16 feet above the floor; and

d. Dressing rails and cooler rails placed so the lowest part of the carcass is at least 12 inches from the floor.

2. Coolers. A chill cooler and separate holding cooler may be provided or both may be combined in one unit. The walls shall be light colored, smooth, free from cracks, and impervious to moisture. The door between the slaughtering department and the chill cooler shall be clad with rust-resistant material. Rails shall be spaced at least two feet from walls, columns, refrigeration equipment, or other fixed equipment to prevent contact with the carcasses.

Disposal of blood. If blood is not permitted to drain into the sewage system, it may be collected in a metal tank and removed from the premises.

4. Drainage.

a. Floors that require flushing during operations shall have sloped floor drains to carry off the effluent. Drainage systems shall conform to state and local plumbing codes.

b. Grease recovery systems shall not mask odors or create a harborage for pests.

5. Ventilation and lighting. Natural ventilation may be supplemented by artificial means and shall be sufficient to ensure the absence of dust, masking odors, or steam vapors. To ensure adequate lighting at all times and at all places, natural lighting shall be supplemented by well-distributed artificial lighting.

6. Potable water supply, wash basins, sterilizing facilities.

a. Hot and cold running water, under pressure, shall be available in all parts of the plant and in conformity with the requirements of the Arizona Department of Health Services. The hot water used for sterilizing equipment, floors, and walls that may be contaminated by the dressing procedure or handling of diseased carcasses, viscera, and other animal parts, shall be at least 180° F. A thermometer shall be installed to verify the temperature of the water at the point of use. A cleanup hose shall be available for use.

b. One or more wash basins shall be located in the slaughtering department. The wash basins shall be equipped with hot and cold running water, delivered through a combination mixing faucet with an outlet at least 12 inches above the rim of the bowl. The water delivery shall be foot-pedal operated, and the drainage outlet shall lead directly into the sewage lines. Soap and disposable towels shall be convenient to the wash basins.

c. The tool sterilizer shall be maintained at 180° F and be in operation at all times during slaughter activities.

Protection against flies, rodents, or other vermin.

a. Establishments shall be free of flies, rats, mice, roaches, and other pests or vermin. The establishment shall be constructed and maintained to prevent entrance of pests to the premises and to eliminate breeding places from the surrounding area and in the establishment.

b. Animal handling facilities such as stock pens and runways shall be clean and manure or other waste materials removed shall not accumulate at or near the establishment.

History

• New Section adopted by final rulemaking at 5 A.A.R. 1593, effective May 5, 1999 (Supp. 99-2).

Article 3 FEEDING OF ANIMALS

Ariz. Admin. Code § R3-2-301 [Repealed]

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-301 renumbered from Section R3-9-301 (Supp. 91-4). Amended by final rulemaking at 8 A.A.R. 4043, effective November 9, 2002 (Supp. 02-3). Repealed by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-302 Permit to Feed Garbage to Swine; Requirements

A swine garbage feeding permit holder or applicant for a permit to feed garbage to swine shall comply with the following requirements:

1. An approved cooker is installed, is in operating condition on the premises, and fenced off from all swine.

2. A concrete slab, trough, or other easily cleanable area, and equipment for feeding garbage is provided.

3. Premises utilized for swine garbage feeding are reasonably clean, free of litter, adequately drained, and provide for removal of animal excrement and garbage not consumed.

4. Individually operated swine garbage feeding premises are separated from other swine premises by a minimum distance of 200 feet in all directions and constructed to prevent the escape of any swine.

5. In addition, all swine garbage feeding permit holders shall follow all federal garbage feeding regulations as outlined in 9 CFR Part 166 as revised on January 1, 2018.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-302 renumbered from Section R3-9-302 (Supp. 91-4). Amended by final rulemaking at 8 A.A.R. 4043, effective November 9, 2002 (Supp. 02-3). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Article 4 ANIMAL DISEASE PREVENTION AND CONTROL

Ariz. Admin. Code § R3-2-401 Definitions

"Animal Name" refers to the shelter impound number of the animal.

2. "Anti-Rabies Vaccine" is an active immunizing agent used to prevent infection caused by the rabies virus approved by the State Veterinarian pursuant to A.R.S. § 11-1002.

3. "Approved Rabies Vaccinator Curriculum" means an in-person vaccination training curriculum approved by the State Veterinarian of Arizona and administered by a supervising veterinarian.

4. "Biologics" means medical preparations made from living organisms and their products, including serums, vaccines, antigens, and antitoxins.

5. "Certified Rabies Vaccinator" means an unlicensed individual who is appointed and certified by a supervising veterinarian and authorized under A.R.S. § 32-2240.02 to vaccinate domestic animals against rabies, who is employed by a shelter, as defined herein, and who in the absence of a licensed veterinarian, has agreed to supervise the acquisition, storage, administration, and record keeping of the anti-rabies vaccine.

6. "Compendium of Animal Rabies Prevention and Control" refers to the 2016 edition of the NASPHV Compendium of Animal Rabies Prevention and Control, incorporated by reference, and does not include any later amendments or editions of the incorporated matter, and is on file with the Department.

7. "Domestic animal" means a mammal, not regulated by title 3, that is kept primarily as a pet or companion or that is bred to be a pet or companion.

"Foreign Animal Disease" means a transboundary animal disease or pest, or an aquatic animal disease or pest, not known to exist in the United States.

9. "NASPHV" refers to the National Association of State Public Health Veterinarians.

10. "Rabies Certificate" refers to the NASPHV FORM 51 (revised 2007) or equivalent computer-generated form.

11. "Shelter" means an animal care and control shelter or pound operated by any town, city, county or the state, including privately run animal shelters that are utilized by a town, city, county or the state.

12. "State Veterinarian" means the person appointed as the State Veterinarian under A.R.S. § 3-1211.

13. "Supervising Veterinarian" means a veterinarian licensed by the Arizona Veterinary Medical Examining Board, who is authorized under these rules to designate a Certified Rabies Vaccinator.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-401 renumbered from Section R3-9-401 (Supp. 91-4). Former Section R3-2-401 renumbered to R3-2-402; new Section R3-2-401 adopted by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1). Amended by final rulemaking at 8 A.A.R. 4043, effective November 9, 2002 (Supp. 02-3). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020. Amended by final rulemaking at 30 A.A.R. 311, effective 3/24/2024.

Ariz. Admin. Code § R3-2-402 Mandatory Disease Reporting by Veterinarians and Veterinary Laboratories

All veterinarians and laboratories performing diagnostic services on animals shall:

1. A. Notify the State Veterinarian at (602) 542-4293 and diseasereporting@azda.gov, within four hours of diagnosing or suspecting any disease or clinical signs of disease listed below:

African horse sickness

African swine fever

African trypanosomiasis

Anthrax

Avian influenza

Bovine Babesiosis

Bovine spongiform encephalopathy

Classical Swine Fever

Contagious agalactia

Contagious bovine pleuropneumonia

Contagious caprine pleuropneumonia

Crimean Congo Hemorrhagic Disease

Dourine

Enterovirus encephalomyelitis

Equine infectious anaemia

Equine Neurologic Diseases (Eastern, Western, Venezuelan, West Nile Virus, Equine Herpesvirus-1/ Equine Herpesvirus Myelo-encephalopathy)

Foot and Mouth Disease Glanders

Heartwater (Ehrlichia ruminantium)

Hemorrhagic septicemia (Pasteurella multocida)

Hendra virus (Equine morbillivirus)

Infectious haematopoietic necrosis of fish

Japanese encephalitis

Lumpy skin disease

Malignant catarrhal fever

Melioidosis (Burkholderia pseudomallei)

Nairobi sheep disease

Newcastle Disease

Nipah

Peste des Petits Ruminants

Rabies

Rabbit Hemorrhagic Disease

Rift Valley Fever

Rinderpest

Schmallenberg virus/ Akabane

Senecavirus A

Screwworm myiasis

Sheep and goat pox

Surra (Trypanosoma evansi)

Swine Vesicular Disease

Theileriosis (T. parva or T. annulata)

Tuberculosis (Mycobacterium bovis)

Tularemia

Turkey rhinotracheitis (Avian metapneumovirus)

Trypanosomiasis

Viral hemorrhagic septicemia of fish

Vesicular exanthema of swine virus

Vesicular stomatitis

B. Notify the State Veterinarian at (602) 542-4293 and diseasereporting@azda.gov, within 24 hours of diagnosing or suspecting any disease or clinical signs of disease listed below:

Brucellosis (Brucella spp.)

Chronic Wasting Disease in Cervids

Contagious Equine Metritis

Epizootic Lymphangitis

Equine Piroplasmosis

Equine Viral Arteritis

Fowl typhoid (Salmonella gallinarum)

Ornithosis (Psittacosis, Avian Chlamydiosis, Chlamydophila psittaci)

Pigeon Fever (Corynebacterium pseudotuberculosis)

Pseudorabies (Aujeszky's disease)

Q fever

Pullorum disease (Salmonella pullorum)

Scrapie

Sheep scabies

Strangles (Strep equi spp. equi)

Swine enteric coronavirus diseases

Trichomoniasis (Tritrichomonas foetus)

Aquatic Diseases

Crayfish plague

Epizootic hematopoietic necrosis disease

Epizootic ulcerative syndrome

Gyrodactylosis

Abalone Viral Ganglioneuritis

Bonamiosis (B. exitiosa/ ostreae)

Marteiliosis (M. refringens)

Perkinsosis (P. marinus / olseni)

Salmonid alphavirus infection

Infection with Xenohaliotis californiensis

Infectious hematopoietic necrosis

Infectious hypodermal and haematopoietic necrosis

Infectious myonecrosis

Infectious salmon anemia

Koi herpesvirus disease

Necrotizing hepatopancreatitis

Red sea bream iridoviral disease

Spring viremia of carp

Taura syndrome

Tilapia Lake Virus (TiLV)

Viral hemorrhagic septicemia

Viral nervous necrosis (VNN)

White spot disease

White tail disease

Yellowhead

2. C. Notify the State Veterinarian by email at diseasereporting@azda.gov or facsimile at (602) 542-4290 within 30 days after diagnosing any of the diseases listed below:

Anaplasmosis

Avian infectious bronchitis

Avian infectious laryngotracheitis

Bluetongue

Bovine cysticercosis

Bovine genital campylobacteriosis

Bovine viral diarrhea

Camelpox

Caprine arthritis/encephalitis

Duck viral hepatitis

Echinococcosis/hydatidosis

Enzootic abortion of ewes

Enzootic bovine leukosis (BLV)

Epizootic hemorrhagic disease

Equine Herpesvirus - 4

Equine influenza

Infectious bovine rhinotracheitis

Infectious bursal disease

Johne's disease

Leishmaniasis

Leptospirosis

Maedi-visna (OPP)

Marek's disease

Mycoplasma Gallisepticum

Mycoplasma Synoviae

Myxomatosis in rabbits

Porcine cysticercosis

Porcine Reproductive and Respiratory Syndrome

Paratyphoid abortion in Ewes (Salmonella abortusovis)

Swine influenza

Trichinellosis (Trichinella spiralis)

3. Follow the reporting criteria listed in the National Animal Health Reporting system Manual, January 1, 1999 when making an Epizooties List B notification specified in subsection (2). This material is incorporated by reference, does not include any later amendments or editions of the incorporated matter, and is on file with the Department and the Office of the Secretary of State.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-402 renumbered from Section R3-9-402 (Supp. 91-4). Former Section R3-2-402 renumbered to R3-2-403; new Section R3-2-402 renumbered from R3-2-401 and amended by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-403 Quarantine for Diseased Animals

A. A quarantine order shall be issued by the Director or his designee when the presence of a Foreign Animal Disease is suspected or diagnosed.

B. A quarantine order may be issued by the Director or his designee on the advice of the State Veterinarian when the presence of a disease is suspected or diagnosed.

C. The quarantine order may isolate specific animals, premises, counties, districts, or sections of the state and shall restrict the movement of animals.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-403 renumbered from Section R3-9-403 (Supp. 91-4). Former Section R3-2-403 repealed; new Section R3-2-403 renumbered from Section R3-2-402 and amended by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 135, effective December 15, 2016 (Supp. 16-4). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-404 Importation, Manufacture, Sale, and Distribution of Biologics

A. Any person importing, manufacturing, selling, or distributing any biologic intended for diagnostic or therapeutic treatment of animals shall request, in writing, permission from the State Veterinarian.

B. The State Veterinarian shall not approve the importation, manufacture, sale, or distribution of any biologic that will interfere with the state's animal disease control programs.

C. A person shall import semen only from boars in pseudorabies Stage IV or V states.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-404 renumbered from Section R3-9-404 (Supp. 91-4). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-405 Depopulation of Animals Infected with a Foreign Animal Disease

When a Foreign Animal Disease is diagnosed, the State Veterinarian may order the owner, agent, or feedlot operator to immediately depopulate and dispose of all infected and exposed animals on the premises if necessary to prevent the spread of the disease among animals.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-405 renumbered from Section R3-9-405 (Supp. 91-4). Amended by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-406 Disease Control; Designated Feedlots

Designated feedlots are subject to the following restrictions:

A. A designated feedlot shall have a restricted feeding pen. A restricted feeding pen shall:

1. Be isolated from all other pens,

2. Have separate loading and unloading chutes, alleys, and handling facilities from all other pens,

3. Not share water or feeding facilities accessible to other areas,

4. Be posted at all corners with permanently affixed signs stating "Restricted Feeding Area,"

5. Have a minimum of eight feet between restricted and other pens and facilities, and

6. Have no common fences or gates with other pens.

B. An operator may place diseased cattle or bison that are under state quarantine into a restricted feeding pen as follows:

1. All cattle or bison, except steers and spayed heifers, shall be branded with an "F", at least two inches in height, adjacent to the tailhead before entering the pen; and

2. a. Imported cattle or bison, of any age and from any area shall be transported under seal and shall be accompanied by an entry permit number and a Certificate of Veterinary Inspection or federal restricted movement document; or

3. b. Native Arizona cattle or bison shall be accompanied by an Arizona livestock inspection certificate, as approved by the State Veterinarian or designee.

C. An operator may move cattle or bison from a restricted feeding pen to slaughter or to another designated feedlot; only by prior written approval of the State Veterinarian or APHIS veterinarian.

2. A steer or spayed heifer may be moved to any location.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-406 renumbered from Section R3-9-406 (Supp. 91-4). Amended by final rulemaking at 8 A.A.R. 4043, effective November 9, 2002 (Supp. 02-3). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-407 Disease Control; Equine Infectious Anemia

A. The Arizona official test for EIA is either the agar-gel immunodiffusion test, known as the Coggins Test, or the Competitive Enzyme-Linked Immunosorbent Assay test, known as the CELISA test. The test shall be performed in a laboratory approved by APHIS, and required samples shall be drawn by an accredited veterinarian, the State Veterinarian, the State Veterinarian's designee, or an APHIS veterinarian.

B. Disposal of equine testing positive.

1. When an Arizona equine tests positive to EIA, the testing laboratory shall notify the State Veterinarian by telephone at (602) 542-4293 and email at diseasereporting@azda.gov, within four hours.

2. The EIA-positive equine shall be quarantined at its current location, segregated from other equine, and shall not be moved unless authorized by the State Veterinarian. The equine shall be retested by the State Veterinarian, the State Veterinarian's designee, or an APHIS veterinarian within two weeks of the notification.

3. Within 14 days of being notified by the testing laboratory of a positive test conducted under subsection (B)(2), the State Veterinarian or the State Veterinarian's designee shall brand the equine on the left side of its neck with "86A" not less than two inches in height.

4. Within 10 days after being branded, the EIA-positive equine shall be:

a. Humanely destroyed,

b. Confined to a screened stall marked "EIA Quarantine" that is at least 200 yards from other equine, or

c. Consigned to slaughter at a slaughtering establishment. If consigned to slaughter, the equine shall be accompanied by a Permit for Movement of Restricted Animals, VS 1-27, issued by the State Veterinarian, the State Veterinarian's designee, or an APHIS veterinarian.

Offspring of mares testing EIA-positive shall be quarantined, segregated from other equine, and tested for EIA at six months of age. Offspring testing positive shall be handled as prescribed in subsections (B) (3) and (B) (4).

6. If an EIA-positive equine is located on premises other than those of the owner at the time a quarantine under this Section, the State Veterinarian may authorize movement of the EIA-positive equine to the owner's premises if requested by the owner. Movement shall be under the direct supervision of the State Veterinarian or the State Veterinarian's designee. If the owner lives in another state, the owner may move the equine to that state with the permission of the chief livestock health official of the state and APHIS.

C. The State Veterinarian shall require testing of any equine located in the same facility as the EIA-positive equine or any equine considered exposed to the EIA-positive equine. The owner of the equine tested shall pay the expenses for the testing.

D. The owner of any equine found to be EIA-positive shall not be indemnified by the state for any loss caused by the destruction or loss of value of the equine.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-407 renumbered from Section R3-9-407 (Supp. 91-4). Amended effective February 4, 1998 (Supp. 98-1). Amended by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1). Amended by final rulemaking at 8 A.A.R. 4043, effective November 9, 2002 (Supp. 02-3). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-408 Disposition of Livestock Exposed to Rabies

Livestock bitten by a known or suspected rabid animal shall be handled using the methods prescribed in the NASPHV Compendium of Animal Rabies Control.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-408 renumbered from Section R3-9-408 (Supp. 91-4). Amended by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020. Amended by final rulemaking at 30 A.A.R. 311, effective 3/24/2024.

Ariz. Admin. Code § R3-2-409 Rabies Vaccines for Animals

A. All animals in Arizona vaccinated against rabies shall be vaccinated as prescribed in the NASPHV Compendium of Animal Rabies Control.

B. A person who is not a licensed veterinarian may be certified as a rabies vaccinator by a licensed veterinarian after completing the approved rabies-vaccinator curriculum. Initial certification shall be valid for one year and renewals after the first year shall be valid for two years. Each renewal shall only be granted upon completion of the current rabies-vaccinator curriculum.

C. Anti-rabies vaccines may be administered under the supervision of a licensed veterinarian or by a Certified Rabies Vaccinator to animals on the premises of shelters before release.

D. Duties and responsibilities of the Certified Rabies Vaccinator are to:

1. Abide by all local, state, and federal laws and regulations pertaining to the operation of a shelter, including those laws and regulations governing possession and use of anti-rabies vaccine.

2. Comply with the Compendium of Animal Rabies Prevention and Control, including storage of anti-rabies vaccine at the required temperature, and administration of anti-rabies vaccine in an aseptic manner that meets the current standards of veterinary practice.

3. Refer for appropriate treatment domestic animals that experience an adverse event to a licensed veterinarian; and report the adverse event to the supervising veterinarian and the vaccine manufacturer.

4. Procure anti-rabies vaccine through the state veterinary license number of the supervising veterinarian.

5. A Rabies Certificate must be completed in full for every vaccinated domestic animal, shall include the legible name of the Certified Rabies Vaccinator, and shall be signed by the Certified Rabies Vaccinator or supervising veterinarian.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Amended effective October 16, 1986 (Supp. 86-5). Amended effective January 6, 1989 (Supp. 89-1). Section R3-2-409 renumbered from Section R3-9-409 (Supp. 91-4). Amended by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020. Amended by final rulemaking at 30 A.A.R. 311, effective 3/24/2024.

Ariz. Admin. Code § R3-2-409.01 Requirements of Certified Rabies Vaccinator Approved Curriculum; Recordkeeping; Inspection

A. Approved curriculum training shall include an instructional section and a practical exam showing competency; and shall include, but not be limited to, the following topics:

1. Anatomy.

2. Personnel safety.

3. Acceptable methods of disposal of supplies.

4. Humane methods of handling domestic animals.

Proper vaccine storage and handling.

6. Proper vaccine administration.

7. Record keeping.

8. Management and reporting of adverse events.

B. These rules are provided as components of a certified rabies-vaccinator program, and no fee shall be charged by the State Veterinarian, however the State Veterinarian takes no position on establishment of reasonable fees by a supervising veterinarian for implementation of a certified rabies-vaccinator program.

C. The Certified Rabies Vaccinator shall keep records of all vaccination-related activities for three years including, but not limited to:

1. Rabies certificates.

2. Adverse event reports, including reports of human exposure to rabies vaccines.

D. A shelter is subject to periodic random inspection by the Office of the State Veterinarian. Upon request by the Office of the State Veterinarian, the responsible supervising veterinarian or Certified Rabies Vaccinator shall immediately produce requested records.

E. Following an audit or inspection, if evidence exists of noncompliance with the above standards, the State Veterinarian reserves the right to terminate a Certified Rabies Vaccinator's certification.

History

• New Section made by final rulemaking at 30 A.A.R. 311, effective 3/24/2024.

Ariz. Admin. Code § R3-2-410 Trichomonas Testing Requirements

A. Definitions. For purposes of this section, the following definitions shall apply.

"Accredited Veterinarian" means an individual who is currently licensed to practice veterinary medicine in the State of Arizona and is an Accredited Level II by the United States Department of Agriculture, Animal Plant Health Inspection Service.

"Approved Laboratory" means any laboratory designated and approved by the State Veterinarian for examining T. foetus samples and reporting all results to the State Veterinarian.

"Bull" means an intact male bovine 12 months of age and older and is not confined to a drylot dairy.

"Change of Ownership" means when a bull is sold, leased, gifted, or exchanged and changes premises for breeding purposes in Arizona.

"Commingle" means cattle of opposite sex in the same enclosure or pasture with a reasonable opportunity for sexual contact.

"Direct to Slaughter" means transporting an animal from site of testing to a sale yard or directly to a slaughter plant without unloading or commingling prior to arrival.

"Official T. foetus bull test" means the sampling of a bull by a licensed, accredited veterinarian. Such test must be conducted after at least 7 days separation from all female bovine. The bull and sample must be officially and individually identified and documented for laboratory submission. The official laboratory test shall be a polymerase chain reaction (PCR), or other technologies as approved by the State Veterinarian and adopted through a Director's Administrative Order. The test is not considered official until results are reported by the testing laboratory.

"Official T. foetus laboratory testing" means the laboratory procedures that shall be approved by the State Veterinarian for identification of T. foetus .

"Positive T. foetus bull" means a bull that has had a positive official T. foetus bull test.

"Tritrichomonas foetus" OR " T. foetus " means a protozoan parasite that is the causative agent to the contagious venereal disease Trichomoniasis.

B. Testing requirements for Official T. foetus .

1. All Arizona origin bulls sold, leased, gifted, exchanged or otherwise changing possession for breeding purposes in Arizona shall be tested for T. foetus via Official T. foetus bull test prior to sale or change of ownership in the state, unless going to direct slaughter. T. foetus testing shall be performed on bulls prior to change of ownership of that bull.

2. The Official T. foetus test shall be collected by an Accredited Veterinarian and performed though an Approved Laboratory.

3. Pooled testing is not an official test.

The T. foetus negative test is valid for 60 days after the test is performed, providing the bull is kept separated from all female bovine.

C. Positive bull identification.

1. When a positive T. foetus bull is identified, the Accredited Veterinarian shall notify the producer upon receipt of the positive test results.

2. Regardless of R3-2-402, the Accredited Veterinarian and Approved Laboratory shall notify the State Veterinarian of a positive T. foetus bull within 24 hours of receiving the results. The State Veterinarian's Office, working in coordination with the regional livestock inspection staff, shall to the best of their ability notify the regional bovine producers about the positive test within 14 days upon notification of positive test. The State Veterinarian and/or livestock inspection staff is not required to reveal any details of the test just that there is a positive test in the region.

3. The Accredited Veterinarian that performed the test shall return to place of testing to verify the Official Identification of the positive bull.

4. The Accredited Veterinarian, or a person under direct supervision of the Veterinarian, shall brand the bull with an official "S" brand adjacent to the tailhead on the right hip.

5. If the bull testing positive is not at the premises where the T. foetus testing occurred, the Accredited Veterinarian will immediately notify the State Veterinarian's Office.

6. If an Accredited Veterinarian is unable to return to the premises in a time that is reasonable for sale of the bull, the producer shall take the positive T. foetus bull directly to the regional livestock sale yard.

a. The producer shall immediately notify the sale yard of the positive T. foetus bull. Failure to notify the sale yard of the positive T. foetus bull will result in a violation of this rule and the producer shall be subject to the penalties of A.R.S. § 3-1205(D).

b. Prior to sale at the sale yard, a Livestock Officer shall verify the official identification of the positive T. foetus test bull.

c. After the official identification is verified, the bull shall be branded with an official "S" brand adjacent to the tailhead on the right hip. The branding shall be done under direct supervision of a Livestock Officer or Livestock Inspector.

7. If a bull arrives at a livestock auction without an Official T. foetus bull test, the bull shall be quarantined at the auction and tested at the expense of the owner or shall be branded with an "S" brand and be sold only for slaughter.

D. Disposal of bull testing positive.

1. A bull testing positive for T. foetus or branded with the official "S" brand shall go direct to slaughter or shall be placed under State Quarantine and fed in a restricted feeding pen within a designated feedlot according to R3-2-406.

2. The T. foetus positive bull shall not be commingled with any other female bovine. The bull shall go from the testing premises to direct slaughter or to the restricted feeding pen within 30 days of the positive T. foetus test.

3. All remaining herd bulls shall be under a Trichomonas Herd Management Program overseen by the Herd Veterinarian until two negative T. foetus tests are performed and documented.

4. "S" branded bulls purchased at a sale yard shall go direct to a slaughter plant without unloading or commingling prior to arrival.

E. Trespassing or Stray Bulls

1. In the event of a trespassing or stray bull, the herd owner who locates the bull, may request an Official T. foetus bull test for that bull. In the event of a positive Official T. foetus bull test, Sections B and C of this rule shall apply.

2. The cost of the veterinary services and Official T. foetus bull test shall be the responsibility of the herd owner. In the event of a stray bull, the animal will be subject to A.R.S. §§ 3-1401 et seq.

History

• New Section adopted by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1). Adopted by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-411 [Repealed]

History

• New Section adopted by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 6 A.A.R. 4812, effective December 7, 2000 (Supp. 00-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1). Amended by exempt rulemaking at 22 A.A.R. 2400, effective 8/6/2016. Repealed by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-412 [Repealed]

History

• New Section made by final rulemaking at 8 A.A.R. 3628, effective August 7, 2002 (Supp. 02-3). Repealed by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-413 Sheep and Goats; Intrastate Movement

A. Before intrastate movement of a sheep more than 18 months of age, or a sheep or goat of any age not in a slaughter channel, the producer shall identify the animal to the flock of birth using official identification before leaving the flock of birth. A sheep or goat not in a slaughter channel includes an animal not for sale, transfer, or movement to:

1. A slaughter facility,

2. Custom slaughter, or

3. A feeding operation before movement to slaughter.

B. Subsection (A) does not apply if

1. the first point of commingling with animals other than those in the flock of birth is an Arizona auction market that is an approved tagging site.

2. The auction market acts as the owner's agent to identify the sheep or goat to the flock of birth.

C. This Section is effective January 1, 2003.

History

• New Section made by final rulemaking at 8 A.A.R. 3628, effective January 1, 2003 (Supp. 02-3). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Article 5 STATE-FEDERAL COOPERATIVE DISEASE CONTROL PROGRAM

Ariz. Admin. Code § R3-2-501 Tuberculosis Control and Eradication Procedures

A. Procedures for tuberculosis control and eradication in cattle, bison, and goats shall be as prescribed in 9 CFR Part 77 as revised on January 1, 2018. This material is incorporated by reference, does not include any later amendments or editions of the incorporated matter, and is on file with the Office of the Secretary of State.

B. Cattle or bison willfully exposed to quarantined cattle or bison are not eligible for the tuberculosis depopulation indemnity provided in A.R.S. § 3-1745.

B. Procedures for tuberculosis control and eradication in cervidae not listed as restricted live wildlife in A.A.C. R12-4-406 shall be as prescribed in 9 CFR 77 Subpart C as revised on January 1, 2018. This material is incorporated by reference, does not include any later amendments or editions of the incorporated matter, and is on file with the Office of the Secretary of State.

C. Procedures for tuberculosis control and eradication in cervidae not listed as restricted live wildlife in A.A.C. R12-4-406 shall be as prescribed in the USDA publication, Tuberculosis Eradication in Cervidae - Uniform Methods and Rules, effective May 15, 1994, including 1995 amendments This material is incorporated by reference, does not include any later amendments or editions of the incorporated matter, and is on file with the Office of the Secretary of State

History

• Adopted effective August 19, 1983 (Supp. 83-4). Amended subsection (A) effective October 16, 1986 (Supp. 86-5). Section R3-2-501 renumbered from Section R3-9-501 (Supp. 91-4). Amended effective March 5, 1997 (Supp. 97-1). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-502 [REPEALED]

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-502 renumbered from Section R3-9-502 (Supp. 91-4). Amended effective March 5, 1997 (Supp. 97-1). Section repealed by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1).

Ariz. Admin. Code § R3-2-503 Brucellosis Control and Eradication Procedures

A. Procedures for brucellosis control and eradication in cattle and bison shall be as prescribed in 9 CFR 78 as revised on January 1, 2018. This material is incorporated by reference, does not include any later amendments or editions of the incorporated matter, and is on file with the Department and the Office of the Secretary of State.

B. Procedures for brucellosis control and eradication in swine shall be as prescribed in 9 CFR 78 Subpart D as revised on January 1, 2018. This material is incorporated by reference, does not include any later amendments or editions of the incorporated matter, and is on file with the Department and the Office of the Secretary of State.

C. Procedures for brucellosis control and eradication in animals not listed as restricted live wildlife in A.A.C. R12-4-406, shall be as prescribed in the USDA publication, Brucellosis in Cervidae: Uniform Methods and Rules, effective September 30, 2003. This material is incorporated by reference, does not include any later amendments or editions of the incorporated matter, and is on file with the Department and the Office of the Secretary of State.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Amended effective October 16, 1986 (Supp. 86-5). Amended effective January 6, 1989 (Supp. 89-1). Section R3-2-503 renumbered from Section R3-9-503 (Supp. 91-4). Amended March 5, 1997 (Supp. 97-1). Amended by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-504 Pseudorabies Procedures for Eradication

Procedures for pseudorabies control and eradication in swine shall be as prescribed in 9 CFR 85 as revised on January 1, 2018. This material is incorporated by reference, does not include any later amendments or editions of the incorporated matter, and is on file with the Department and the Office of the Secretary of State.

History

• Adopted effective March 5, 1997 (Supp. 97-1). Amended by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-505 Scrapie Procedures for Eradication

The Department controls and eradicates scrapie using the procedures outlined in 9 CFR 79 as revised on January 1, 2018. This material is incorporated by reference, does not include any later amendments or editions, and is on file with the Department and the Office of the Secretary of State.

History

• New Section made by final rulemaking at 8 A.A.R. 3628, effective August 7, 2002 (Supp. 02-3). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Article 6 HEALTH REQUIREMENTS GOVERNING ADMISSION OF ANIMALS

Ariz. Admin. Code § R3-2-601 [Repealed]

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-601 renumbered from Section R3-9-601 (Supp. 91-4). Amended effective March 5, 1997 (Supp. 97-1). Amended by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1). Amended by final rulemaking at 8 A.A.R. 4043, effective November 9, 2002 (Supp. 02-3). Amended by final rulemaking at 14 A.A.R. 876, effective May 3, 2008 (Supp. 08-1). Repealed by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-602 Importation Requirements

A. All animals transported or moved into the state of Arizona, shall be accompanied by a valid, official Certificate of Veterinary Inspection from the state of origin, or a VS 9-3 form for National Poultry Improvement Plan flocks. All animals shall be imported in accordance with this rule and the species specific rule in this article. Any violation of this article is subject to a hold order pursuant to R3-2-605 .

1. An official health certificate from the state of origin or a permit number, or both; and

2. The health documentation shall be attached to the waybill or in the possession of the driver of the vehicle or person in charge of the animals.

B. Livestock may not enter the state of Arizona unless accompanied by an Arizona entry permit number documented on the Certificate of Veterinary Inspection. This requirement applies regardless of the species, breed, sex, class, age, point of origin, place of destination, or purpose of the movement of the livestock entering the state, except:

Equine;

2. Livestock consigned directly to slaughter at a state or federally licensed slaughter establishment; or

3. Livestock being transported through the state.

C. An animal affected with or recently exposed to any infectious, contagious, or communicable disease, or which originates in a state or federal quarantine area, shall not be transported or moved into the state of Arizona unless a permit for the entry is first obtained from the Arizona State Veterinarian's Office. All conditions for the movement of animals from a quarantined area established by the quarantining authority or APHIS shall be met. Animals imported from a quarantine area may be subject to additional import requirements by the State Veterinarian prior to entry into Arizona.

D. The owner or owner's agent shall obtain prior permission from the State Veterinarian to ship or move into the state of Arizona any animal from a lot or herd from which an animal shows clinical signs of disease or positive reaction to a test required for admission to Arizona.

E. The Director may enter into an agreement to allow New Mexico livestock consigned directly to an Arizona livestock auction to enter the state on a New Mexico brand inspection certificate in place of a Certificate of Veterinary Inspection. If the agreement is entered, it shall be posted on the Arizona Department of Agriculture's website. In the event the agreement is terminated or expires, the Department shall put notice of the termination on the website. The livestock owner or owner's agent is responsible for ensuring that the agreement is current prior to shipping the livestock. This process is subject to the restrictions included in the agreement.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-602 renumbered from Section R3-9-602 (Supp. 91-4). Amended by final rulemaking at 8 A.A.R. 4043, effective November 9, 2002 (Supp. 02-3). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-603 [Repealed]

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-603 renumbered from Section R3-9-603 (Supp. 91-4). Amended by final rulemaking at 8 A.A.R. 4043, effective November 9, 2002 (Supp. 02-3). Repealed by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-604 [Repealed]

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-604 renumbered from Section R3-9-604 (Supp. 91-4). Amended by final rulemaking at 8 A.A.R. 4043, effective November 9, 2002 (Supp. 02-3). Repealed by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-605 Hold Order for Animals Entering Illegally

A. Animals entering the state in violation of any Section under this Article, may be placed under a hold order at the risk and expense of the owner until released by an authorized representative of the State Veterinarian. Animals placed under a hold order for noncompliance with this Article may be released only after the State Veterinarian is satisfied by testing, dipping, or observation over time, that the animals are not a threat to the livestock industry.

B. The State Veterinarian may order that an imported animal failing to meet entry requirements be returned to the state of origin, consigned directly to slaughter, confined to a designated feedlot, or consigned to a feedlot in another state within two weeks of the request. Any extension to this time-frame must be approved in writing by the State Veterinarian.

C. If the owner or owner's agent fails to comply with an order to return an animal to the state of origin within the time-frame required in subsection (B), the Department shall require that the animal be immediately gathered and tested at the owner's risk and expense to avoid exposure of Arizona animals to disease. The owner shall pay the expenses no later than five days after receipt of the bill. Failure to do so will result in an auction of sufficient livestock to pay the expenses which shall be held within 10 days at public auction. If additional expenses occur due to lack of cooperation by the owner or the owner's agent, the Director shall order the further sale of livestock.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Former Section R3-9-605 renumbered to R3-2-605 (Supp. 91-4). Amended by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-606 Certificate of Veterinary Inspection

A. A Certificate of Veterinary Inspection is valid for not more than 30 days after the date of issue, except where otherwise noted in this Article, and shall contain:

The name and address of the Consignor and Consignee;

2. The physical address of the origin of the animal;

3. The physical address of the animal's final destination;

a. Entry permit number if applicable;

b. Official identification if applicable; and

c. Certificate of Veterinary Inspection individual certificate number.

d. Qualifying required tests with completion dates.

4. Cattle.

a. The number of animals covered by the health certificate, an accurate description and, except for steers, spayed heifers, or "F" branded heifers consigned to a designated feedlot identified by brand, one of the following individual identifications:

i. The official eartag number that, for dairy cattle, identifies the herd of birth, or

ii. The registration tattoo number and the registration brand of a breed association recognized by VS.

b. The health status of the animals, including date and result of an inspection, dipping, test, or vaccination required by Arizona;

c. The method of transportation; and

d. For bulls subject to testing under R3-2-612(J), a statement that the bulls:

i. Tested negative for Tritrichomonas foetus within one month prior to shipment using a polymerase chain reaction test or three cultures collected at intervals of no less than seven days apart; and

ii. Have had no breeding activity during the interval between the collection of the samples and the date of shipment.

5. Swine.

a. Evidence that the swine have been inspected by the veterinarian issuing the health certificate within 10 days before the shipment,

b. A statement that:

i. The swine have never been fed garbage, and

ii. The swine have not been vaccinated for pseudorabies;

c. Except for feeder swine consigned to a restricted swine feedlot:

i. A list of the individual permanent identification for each exhibition swine, using an ear notch that conforms to the universal swine-ear notch system or for each commercial swine, using other individual identification, and the premises identification using a tattoo or producer-furnished tamper-proof eartag that conforms to the USDA National Premises Identification System;

ii. The validated brucellosis-free herd number and last test date for swine originating from a validated brucellosis-free herd;

iii. The pseudorabies status of the state of origin; and

iv. The pseudorabies qualified negative herd number, if applicable;

d. Except for feeder swine consigned to a restricted swine feedlot, swine moving directly to an exhibition, and swine from a farm of origin in a state recognized by APHIS as a pseudorabies Stage V state, a statement that the swine shall be quarantined on arrival at destination and kept separate and apart from all other swine until tested negative for pseudorabies no sooner than 15 days nor later than 30 days after entry into Arizona; and

e. Feeder swine consigned to a restricted swine feedlot shall be identified by premises of origin using a tattoo or producer-furnished tamper-proof eartag that conforms to the USDA National Premises Identification System;

6. Sheep and goats.

a. Individual identification prescribed in R3-2-614 ;

b. A statement that:

i. The sheep or goats are not infected with bluetongue, or exposed to scrapie, and do not originate from a scrapie-infected or source flock;

ii. Breeding rams have been individually examined and are free of gross lesions of ram epididymitis; and

c. A statement that the sheep or goat test negative for Brucella ovis if a test is required by R3-2-614(B) ; and

7. Equine.

a. An accurate identification for each equine covered by the health certificate including age, sex, breed, color, name, brand, tattoo, scars, and distinctive markings; and

b. A statement that the equine has a negative test for EIA, as required in R3-2-615, including:

i. The date and results of the test;

ii. The name of the testing laboratory; and

iii. The laboratory accession number.

B. The Certificate of Veterinary Inspection shall be forwarded to the State Veterinarian in Arizona within 14 days of issue.

C. A VS form 17-30 is deemed a valid international CVI if the following conditions are met:

1. Accompanied by a valid brand inspection certificate from a southern border state with an entry permit number; and

2. Official identification as documented on the VS form 17-30.

D. Official Certificates of Veterinary Inspection may be used in electronic or paper form.

E. Additions, deletions, and unauthorized or uncertified changes inserted or applied to a Certificate of Veterinary Inspection renders the certificate void and may be subject to state or federal penalties.

F. The veterinarian issuing a Certificate of Veterinary Inspection shall certify that the animals shown on the Certificate of Veterinary Inspection are free from evidence of any infectious, contagious, or communicable disease or known exposure.

G. An accredited veterinarian shall inspect animals for entry into the state.

H. The Director may limit the period for which a Certificate of Veterinary Inspection is valid to less than 30 days if advised by the State Veterinarian of the occurrence of a disease that constitutes a threat to the livestock industry.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-606 renumbered from Section R3-9-606 (Supp. 91-4). Amended by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1). Amended by final rulemaking at 8 A.A.R. 3628, effective August 7, 2002 (Supp. 02-3). Amended by final rulemaking at 14 A.A.R. 884, effective May 3, 2008 (Supp. 08-1). Amended by final rulemaking at 14 A.A.R. 876, effective May 3, 2008 (Supp. 08-1). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-607 Entry Permit Number

A. An entry permit number for interstate movement may be obtained from the Office of the State Veterinarian, by calling (602) 542-4293 during the hours of 8 a.m. to 5 p.m. Monday through Friday, excluding state holidays. Any person applying for an entry permit number shall provide the following information:

1. The name and address of the Consignor and Consignee;

2. The number and kind of animals;

3. The physical address of the origin of shipment;

4. The physical address of the shipment's final destination;

5. The method of transportation; and

6. Any other information required by the State Veterinarian.

B. An entry permit number is valid for a maximum of 30 calendar days from the date of issuance unless otherwise indicated on the CVI.

C. An entry permit number shall be issued if the animals listed on the Certificate of Veterinary Inspection are in compliance with this Article. To cope with changing disease conditions, the State Veterinarian may refuse to issue an entry permit number or may require additional conditions not specifically established in this Article if necessary to protect animal health in Arizona.

D. The entry permit number issued shall be affixed or written on the Certificate of Veterinary Inspection, brand inspection certificate, and any other official documents as follows: "Arizona Permit No. _______" followed by the serialized number.

E. The State Veterinarian shall refuse to grant an entry permit number to any person who repeatedly commits the following:

1. Giving false information concerning an entry permit number for transportation of animals,

2. Failing to fulfill the conditions of an entry permit number, or

3. Failing to obtain an entry permit number.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-607 renumbered from Section R3-9-607 (Supp. 91-4). Amended by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-608 [Repealed]

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-608 renumbered from Section R3-9-608 (Supp. 91-4). Amended by final rulemaking at 8 A.A.R. 4043, effective November 9, 2002 (Supp. 02-3). Repealed by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-609 Diversion; Prohibitions

A person consigning, transporting, or receiving an animal into the state of Arizona shall not authorize, order, or carry out diversion of the animal to a destination or consignee other than as set forth on the Certificate of Veterinary Inspection and entry permit, if required, without first obtaining permission from the State Veterinarian.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-609 renumbered from Section R3-9-609 (Supp. 91-4). Amended by final rulemaking at 8 A.A.R. 4043, effective November 9, 2002 (Supp. 02-3). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-610 Tests; Official Confirmation

A state or federal animal diagnostic laboratory or APHIS-approved laboratory shall perform or confirm any animal testing required by a state or federal authority as a condition for entry into Arizona.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-610 renumbered from Section R3-9-610 (Supp. 91-4). Amended by final rulemaking at 8 A.A.R. 4043, effective November 9, 2002 (Supp. 02-3).

Ariz. Admin. Code § R3-2-611 Transporter Duties

A. All owners and operators of railroads, trucks, airplanes, or other conveyances transporting animals into or through the state shall possess all of the importation documents required by this Article. These documents shall be attached to the waybill, or be in the possession of the vehicle driver, or person in charge of the animals. When a single Certificate of Veterinary Inspection and entry permit number is issued for animals being moved in more than one vehicle, the driver of each vehicle shall possess the original or a copy of the Certificate of Veterinary Inspection containing the entry permit number, if required.

B. The owner or operator of a railroad car, truck, airplane, or other conveyance used to transport animals into or through the state shall maintain the conveyance in a clean and sanitary condition.

C. The owners and operators of railroads, trucks, airplanes, or other conveyances who transport animals into the state in violation of this Section shall clean and disinfect the conveyance in which the animals were illegally brought into the state before using the conveyance for transporting more animals. The cleaning and disinfection shall be performed under the supervision of an authorized representative of the State Veterinarian or the USDA.

D. The owners or operators of railroads, trucks, airplanes, or other conveyances shall follow the USDA requirements and Arizona Department of Agriculture rules and statutes, in the humane transport of animals into, within, or through the state.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-611 renumbered from Section R3-9-611 (Supp. 91-4). Amended by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-612 Importation of Cattle and Bison

A. The Certificate of Veterinary Inspection for cattle and bison shall include:

1. A valid entry permit number

2. The number of cattle and bison covered by the Certificate of Veterinary Inspection, an accurate description and official identification, if applicable except for "F" branded heifers consigned to a designated feedlot identified by brand.

3. The health status of the cattle and bison including:

a. The date of the inspection;

b. The dipping date, if applicable;

c. The date of negative results for required testing under this Article; and

d. The vaccination status as required by this Article.

4. The method of transportation; and

5. For bulls subject to testing under R3-2-612(I), a statement that the bulls:

a. Tested negative for Tritrichomonas foetus within 30 days prior to shipment using a polymerase chain reaction test; and

b. Have had no breeding activity during the interval between the collection of the samples and the date of shipment.

B. The owner of cattle and bison entering Arizona or the owner's agent shall comply with the requirements in this article. Failure to comply with entry requirements will incur the following conditions:

1. Pay the expenses incurred by a hold order to test and retest the imported cattle or bison or return them to the state of origin.

a. Steers and spayed females, and

b. Animals shipped directly for immediate slaughter to an official state or federal slaughter establishment;

2. For imported beef breeding cattle, breeding bison, and dairy cattle, ensure that an accredited veterinarian applies an official eartag identification to each bovine or bison.

3. Dairy cattle from a state or region within a foreign country without brucellosis status comparable to a Class-Free State, or without tuberculosis status comparable to an Accredited-Free State;

4. Dairy and dairy cross steers, and dairy and dairy cross spayed heifers from Mexico;

5. Beef breeding cattle or breeding bison from a state or region within a foreign country without brucellosis status comparable to a Class A State, or without tuberculosis status comparable to a Modified Accredited State.

C. Brucellosis testing requirements for beef breeding cattle, breeding bison, and dairy cattle imported into Arizona from other states.

1. The owner or owner's agent shall ensure that an official calfhood vaccinate is tested negative for brucellosis within 30 days before entering Arizona if the official calfhood vaccinate is:

a. 18 months or older,

b. Cutting the first set of permanent incisors, or

c. Parturient or postparturient.

2. The owner or owner's agent shall ensure that bulls and non-vaccinated heifers test negative for brucellosis if 12 months of age or older, unless consigned for feeding purposes to a designated feedlot. All cattle or bison consigned to a designated feedlot shall be branded with an "F" adjacent to the tail head before entry into Arizona unless the State Veterinarian grants permission to apply the "F" brand upon arrival. All "F" branded cattle or bison that leave the designated feedlot shall be shipped directly to:

a. An official state or federal slaughter establishment for immediate slaughter,

b. Another designated feedlot, or

c. Another state if shipping is permitted by the State Veterinarian in the state of destination.

3. If cattle or bison originate from a Certified Brucellosis-Free Herd and the herd certification number is documented on the health certificate and import permit, no brucellosis test is required.

4. If native ranch cattle are from a brucellosis Class-Free State that does not have free-ranging brucellosis infected bison or wildlife no brucellosis test is required as long as:

a. The native ranch cattle are moved directly from the ranch of origin to an Arizona destination and the official eartag numbers are listed on a health certificate; or

b. The native ranch cattle are from a state that has a brand inspection program approved by the State Veterinarian and the owner's brand is listed on a brand inspection certificate or health certificate.

5. Health and brand inspection certificates issued for the movement shall be forwarded to the State Veterinarian in Arizona within two weeks of issue.

6. The owner or owner's agent:

a. Shall ensure that beef breeding cattle or breeding bison from a Class A State the cattle remain under import quarantine and isolation until the cattle test negative for brucellosis. The test shall be performed no earlier than 45 days and no later than 120 days after entry.

b. Shall retest dairy cattle if the State Veterinarian determines there is a potential risk of the introduction of brucellosis in the state.

c. Is not required to quarantine or test for brucellosis official calfhood vaccinates less than 18 months of age, if permission is granted by the State Veterinarian.

7. The owner or owner's agent:

a. Shall notify the State Veterinarian within seven days of moving cattle or bison that are under import quarantine from the destination listed on the import permit and health certificate

b. Shall notify the State Veterinarian at the time animals are retested for brucellosis, if the animals are under import quarantine and are not moved from the destination listed on the import permit and health certificate.

c. Is not required to notify the State Veterinarian if the cattle or bison are shipped directly to an official state or federal slaughter establishment for immediate slaughter.

8. Beef breeding cattle, breeding bison, and dairy cattle meeting the criteria of subsections (C)(1) or (C)(2) and not meeting the criteria of subsection (C)(3) may be imported without a brucellosis test if moved to a specifically approved stockyard and tested before sale or movement from the stockyard. The owner or owner's agent shall not commingle these cattle or bison with other cattle or bison until these cattle or bison are tested and found to be brucellosis negative.

9. Within seven days after importation, the owner or owner's agent shall ensure that the individual official eartag identification for imported dairy cattle is the same as that listed on the health certificate and the owner or the owner's agent shall report any discrepancies between the official eartag and the health certificate to the State Veterinarian. Any dairy cattle shipped into Arizona not documented on the health certificate shall be tested for brucellosis and tuberculosis by the receiver within one week of arrival.

C. Arizona shall not accept:

1. Cattle or bison from brucellosis infected, exposed, or quarantined herds regardless of their vaccination or test status, or both, except:

a. Steers and spayed females, and

b. Cattle or bison shipped directly for immediate slaughter to an official state or federal slaughter establishment;

2. Cattle or bison of unknown brucellosis exposure status, unless consigned for feeding purposes to a designated feedlot;

3. Dairy cattle from a state or region within a foreign country without brucellosis status comparable to a Class-Free State, or without tuberculosis status comparable to an Accredited-Free State;

4. Dairy and dairy cross steers, and dairy and dairy cross spayed heifers from Mexico;

5. Beef breeding cattle or breeding bison from a state or region within a foreign country without brucellosis status comparable to a Class A State, or without tuberculosis status comparable to a Modified Accredited State.

D. Brucellosis testing requirements for beef breeding cattle, breeding bison, and dairy cattle imported into Arizona from other states.

1. Brucellosis testing is not required in dairy and beef cattle from a brucellosis Class-Free State that does not have free-ranging brucellosis infected bison or wildlife.

2. Brucellosis not required for any cattle or bison consigned to a designated feedlot that are branded with an "F" adjacent to the tail head as long as the State Veterinarian grants permission to apply the "F" brand upon arrival. All "F" branded cattle or bison that leave the designated feedlot shall be shipped directly to:

a. An official state or federal slaughter establishment for immediate slaughter,

b. Another designated feedlot, or

c. Another state if shipping is permitted by the State Veterinarian in the state of destination.

3. All female dairy cattle four months of age or older, imported into Arizona, shall be official calfhood vaccinates, officially identified, certified, and legibly tattooed except for the following:

a. Show cattle for exhibition,

b. Cattle consigned directly to an official state or federal slaughter establishment for immediate slaughter, and

c. Cattle consigned for feeding purposes to a designated feedlot with an entry permit number.

4. For beef breeding cattle, breeding bison, and dairy breeding cattle from a Class A state the owner or owner's agent:

a. Shall ensure that the cattle remain under import quarantine and isolation until the cattle test negative for brucellosis. The test shall be performed no earlier than 45 days and no later than 120 days after entry.

b. Shall retest dairy cattle if the State Veterinarian determines there is a potential risk of the introduction of brucellosis in the state.

c. Is not required to quarantine or test for brucellosis official calfhood vaccinates less than 18 months of age, if permission is granted by the State Veterinarian.

5. The owner or owner's agent:

a. Shall notify the State Veterinarian within seven days of moving cattle or bison that are under quarantine from the destination listed on the import permit and Certificate of Veterinary Inspection.

b. Shall notify the State Veterinarian at the time animals are retested for brucellosis, if the animals are under quarantine and are not moved from the destination listed on the import permit and Certificate of Veterinary Inspection.

c. Is not required to notify the State Veterinarian if the cattle or bison are shipped directly to an official state or federal slaughter establishment for immediate slaughter.

E. Tuberculosis testing requirements for beef breeding cattle, breeding bison, and dairy cattle imported into Arizona from other states.

No tuberculosis test is required for:

a. Beef breeding cattle or breeding bison, from a tuberculosis accredited Free State if the state accredited status is documented on the Certificate of Veterinary Inspection and entry permit; or

b. Steers and spayed heifers.

2. Beef breeding cattle and breeding bison from a Tuberculosis Modified Accredited State or Tuberculosis Class Free State with a Tuberculosis Quarantine in effect, shall test negative for Bovine Tuberculosis within 60 days prior to entry into Arizona.

3. All dairy breeding cattle greater than 120 days of age shall test negative for Bovine Tuberculosis within 60 days prior to entry into Arizona.

4. Cattle consigned directly to an official state or federal slaughter establishment for immediate slaughter, and

5. Cattle consigned for feeding purposes to a designated feedlot under import permit.

F. Brucellosis testing requirements for beef breeding cattle, breeding bison, and dairy cattle imported into Arizona from Mexico.

1. Prior to entry into Arizona, beef breeding cattle, breeding bison, or dairy cattle from Mexico shall meet the requirements of 9 CFR 93.424 through 93.427, as revised on January 1, 2018. This material is incorporated by reference, does not include any later amendments or editions of the incorporated matter, and is on file with the Department at 1688 W. Adams St., Phoenix, AZ 85007.

2. The owner or owner's agent shall ensure that beef breeding cattle, breeding bison, and dairy cattle from Mexico remain under import quarantine and isolation until tested negative for brucellosis. The test shall not be performed earlier than 60 days nor later than 120 days after entry into Arizona. All cattle or bison consigned to a designated feedlot shall be branded with an "F" adjacent to the tail head before entry into Arizona unless the State Veterinarian grants permission to apply the "F" brand on arrival. Unless neutered, all beef breeding cattle, breeding bison, and dairy cattle leaving the designated feedlot shall go directly to an official state or federal slaughter establishment for immediate slaughter or to another designated feedlot. The owner of the designated feedlot shall ensure that official eartag identification records are kept on all incoming consignments and then submit the records monthly to the State Veterinarian. An accredited veterinarian shall identify, on a form approved by the State Veterinarian, all cattle and bison leaving the designated feedlot. A copy of the form shall accompany the cattle or bison to slaughter and a copy shall be submitted to the State Veterinarian.

3. Dairy cattle from Mexico shall test for brucellosis again 30 days after calving, unless the dairy cattle were consigned directly to a feedlot.

G. Tuberculosis testing requirements for beef breeding cattle, breeding bison, and dairy cattle imported into Arizona from other states.

1. No tuberculosis test is required for:

a. Beef breeding cattle or breeding bison, or dairy cattle from a tuberculosis accredited herd Free State if the herd accreditation number is documented on the health certificate and import entry permit; or

b. Native commercial and purebred beef breeding cattle from an Accredited-Free State if its accredited-free status is documented on the health certificate; and

c. Steers and spayed heifers

2. Unless from an accredited herd, prescribed in subsection (G)(1), the owner or owner's agent shall ensure that purebred beef breeding cattle from modified accredited states, breeding bison, dairy females, and bulls for breeding dairy cattle test negative for tuberculosis within 60 days before entry into Arizona.

H. G. Tuberculosis testing requirements for cattle and bison imported into Arizona from Mexico.

1. Prior to entry into Arizona, cattle and bison from Mexico shall meet the requirements of 9 CFR 93.424 through 93.427 as revised on January 1, 2018, incorporated by reference in subsection (F) (1).

2. Steers and spayed heifers from states or regions in Mexico shall not enter the state if they have not been determined by the State Veterinarian to have fully implemented the Control, Eradication, or Free Phase of the bovine tuberculosis eradication program of Mexico.

3. Steers and spayed heifers from states or regions in Mexico determined by the State Veterinarian to have fully implemented the Control Phase of the bovine tuberculosis eradication program of Mexico shall not be imported into Arizona without permission of the State Veterinarian.

4. Steers and spayed heifers from states or regions in Mexico determined by the State Veterinarian to have fully implemented the Eradication Phase of the bovine tuberculosis eradication program of Mexico may be imported into Arizona, if they have either:

a. Tested negative for tuberculosis in accordance with procedures equivalent to the 9 CFR Part 77 as amended on January 9, 2013 within 60 days before entry into the United States, or

b. Originated from a herd that is equivalent to an accredited herd in the United States and are moved directly from the herd of origin across the border as a single group and not commingled with other cattle or bison before arriving at the border.

5. Steers and spayed heifers from states or regions in Mexico determined by the State Veterinarian to have achieved the Free Phase of the bovine tuberculosis eradication program of Mexico may move directly into Arizona without testing or further restrictions if they are moved as a single group and not commingled with other cattle before arriving at the border.

6. Beef breeding cattle and breeding bison from states or regions in Mexico may be imported into Arizona if the State Veterinarian determines the Eradication or Free Phase of the bovine tuberculosis eradication program of Mexico has been fully implemented and the breeding cattle and breeding bison remain under quarantine and isolation until retested negative for tuberculosis in accordance 9 CFR Part 77 as revised on January 1, 2018. The test shall be performed not earlier than 60 days but not later than 120 days after entry unless consigned to a designated feedlot for feeding purposes only. Unless neutered, all beef breeding cattle or breeding bison consigned to a designated feedlot shall be branded with an "F" adjacent to the tail head before entry into Arizona, unless permission is granted by the State Veterinarian to apply the "F" brand on arrival. All beef breeding cattle or breeding bison leaving the designated feedlot shall go directly to an official state or federal slaughter establishment for immediate slaughter or to another designated feedlot. The owner of the designated feedlot shall ensure that official identification records are kept on all incoming consignments and submit the records monthly to the State Veterinarian. An accredited veterinarian shall identify, on a form approved by the State Veterinarian, all beef breeding cattle and breeding bison leaving the designated feedlot. A copy of the form shall accompany the cattle and bison to slaughter and a copy shall be submitted to the State Veterinarian.

I. H. Bovine scabies requirements.

1. The owner or owner's agent shall ensure that no cattle or bison affected with or exposed to scabies is shipped, trailed, driven, or otherwise transported or moved into Arizona except cattle or bison identified and moving under a VS Form 1-27 and seal for immediate slaughter at an official state or federal slaughter establishment.

2. The owner or owner's agent of cattle or bison from an official state or federal scabies quarantined area shall comply with the requirements of 9 CFR 73, Scabies in Cattle, as revised on January 1, 2018, before moving the cattle or bison into Arizona. This material is incorporated by reference, does not include any later amendments or editions of the incorporated matter, and is on file with the Department.

3. The State Veterinarian may require that breeding and feeding cattle and bison from known scabies infected areas and states be dipped or treated even if the animals are not known to be exposed. The State Veterinarian shall require that dairy cattle be dipped only if the animals are known to be exposed; otherwise an accredited veterinarian's examination and certification shall be sufficient.

J. I. Trichomoniasis requirements for bulls imported into Arizona from other states.

1. The owner or owner's agent shall ensure bulls:

a. Test negative for Tritrichomonas foetus within 30 days prior to shipment using a polymerase chain reaction test or a diagnostic test approved by the state veterinarian, except for bulls:

i. Less than twelve months of age,

ii. Consigned directly to a state or federal licensed slaughter facility,

iii. Consigned directly to a dairy,

iv. Consigned directly to an exhibition or rodeo,

v. Consigned directly to a licensed feedlot for castration on arrival,

vi. Branded with an "F" adjacent to the tailhead and consigned directly to a designated feedlot for feeding and later movement directly to slaughter, and

b. Have no breeding activity during the interval between the collection of a sample and the date of shipment.

c. The following statements documented on the CVI in reference to R3-2-612(A) (5) :

i. Test negative for Tritrichomonas foetus within 30 days prior to shipment using a polymerase chain reaction test; and

ii. Have had no breeding activity during the interval between the collection of the samples and the date of shipment.

An accredited veterinarian approved to collect samples for Tritrichomonas foetus testing by the state animal health official in the state of origin shall collect the Tritrichomonas foetus test samples.

3. A laboratory approved to conduct tests for Tritrichomonas foetus by the state animal health official in the state of origin shall perform the test for Tritrichomonas foetus.

J. For purposes of this section beef breeding cattle means intact beef cattle.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-612 renumbered from Section R3-9-612 (Supp. 91-4). Amended effective March 5, 1997 (Supp. 97-1). Amended effective February 4, 1998 (Supp. 98-1). Amended by final rulemaking at 14 A.A.R. 884, effective May 3, 2008 (Supp. 08-1). Amended by final rulemaking at 14 A.A.R. 876, effective May 3, 2008 (Supp. 08-1). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-613 Importation of Swine

A. A Certificate of Veterinary Inspection for swine shall include:

1. A valid entry permit number;

2. The following statements recorded on the CVI;

a. The swine listed on this CVI have never been fed garbage; and

b. The swine listed on this CVI have not been vaccinated for pseudorabies;

3. Official Identification; and

4. If applicable, the validated brucellosis-free herd number and last test date for swine originating from a validated brucellosis-free herd.

B. Brucellosis test requirements. Swine imported into Arizona from other states shall:

1. Originate from a validated swine brucellosis-free herd or from a swine brucellosis-free state; or

2. Test negative for brucellosis within 30 days before entry.

C. For purposes of this section, breeding swine means intact swine that have had breeding activity.

1. Be shipped directly from:

a. The farm of origin in a state recognized by USDA-APHIS as a pseudorabies Stage IV or Stage V state,

b. The farm of origin in a state recognized by USDA-APHIS as a pseudorabies Stage III state if the swine are:

i. Consigned directly to a terminal exhibition of only neutered swine,

ii. Tested negative within 15 days before entry, and

iii. Transported directly to a state or federally inspected slaughter facility immediately after the exhibition in a truck sealed by the State Veterinarian or agent;

c. A pseudorabies monitored feeder pig herd in a pseudorabies Stage II or Stage III state if the swine is consigned to a restricted swine feedlot; or

d. A sale in a state recognized by USDA-APHIS as a pseudorabies Stage IV or Stage V state if all swine entered in the sale are from a state recognized by USDA-APHIS as a pseudorabies Stage IV or Stage V state.

2. Except for feeder swine consigned to a restricted swine feedlot, swine moving directly to exhibition, and swine from a farm of origin in a state recognized by USDA-APHIS as a pseudorabies Stage V state, remain under import quarantine and isolation at the location specified on the import permit and health certificate Certificate of Veterinary Inspection, with the following restrictions, until tested negative for pseudorabies no sooner than 15 days or later than 30 days after entry:

a. The isolation pen shall be at least 200 feet from straying pigs, other livestock, pets, or working dogs, and not be accessible to normal traffic flow;

b. Equipment, tools, and implements shall not be moved from an isolation pen and used at another pen;

c. Workers shall disinfect their shoes and clothing before working with other livestock or the main herd; and

d. The distance between an isolation pen barrier and another swine pen barrier shall be at least 200 feet and the isolation pen shall be double-fenced to prevent exposure to accidental strays.

e. Imported quarantined swine testing positive after entry shall be shipped directly to a state or federal slaughter establishment within 15 days after the positive identification and shall be accompanied by a USDA-VS Form 1-27. The remainder of exposed animals shall be quarantined until the herd is declared free of the disease, or all exposed animals are depopulated and the premises cleaned and disinfected.

3. If swine move directly to exhibition from a herd in a Stage IV state, and remain in the state, the swine shall be held under import quarantine at a location disclosed by the exhibitioner. The exhibitioner shall disclose the location of the quarantine facility to the Department within three days of the end of the exhibition. The swine shall be quarantined according to the restrictions identified in subsections (C)(2)(a) through (C)(2)(e) until tested negative for pseudorabies no sooner than 15 days or later than 30 days after entry into the state.

D. It is unlawful for any person to import into the state of Arizona live feral swine. Any person or corporation owning or possessing a live feral swine in this state shall at all times keep such feral swine in a safe and suitable enclosure so that it may not run at large or damage the person or property of others. For purposes of this section, feral swine means a hog, boar, or pig that appear to be untamed, undomesticated, or in a wild state; or appear to be contained for commercial hunting or trapping.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Amended effective June 29, 1984 (Supp. 84-3). Section R3-2-613 renumbered from Section R3-9-613 (Supp. 91-4). Amended by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 6 A.A.R. 4812, effective December 7, 2000 (Supp. 00-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-614 Importation of Sheep and Goats

A. A Certificate of Veterinary Inspection for sheep and goats shall include:

1. A valid entry permit number; and

2. A statement that:

a. The sheep or goats are not infected with bluetongue, or exposed to scrapie, and do not originate from a scrapie-infected or source flock; and

b. The sheep or goats test negative for Brucella ovis if a test is required by R3-2-614 B; and if applicable

c. Breeding rams have been individually examined and are free of gross lesions of ram epididymitis.

B. A breeding ram six months of age or older shall test negative for Brucella ovis within 30 days of entry or originate from a certified brucellosis-free flock. An exhibition ram that returns to the out-of-state flock of origin within five days of the conclusion of the exhibit is exempt from the testing requirement of this subsection.

C. Arizona native commercial flocks participating in a Brucella ovis control program through testing performed by an accredited and licensed veterinarian may return to Arizona from another state without testing, provided the flock has not commingled with other flocks.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-614 renumbered from Section R3-9-614 (Supp. 91-4). Amended by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1). Amended by final rulemaking at 8 A.A.R. 3628, effective August 7, 2002 (Supp. 02-3). Amended by final rulemaking at 14 A.A.R. 876, effective May 3, 2008 (Supp. 08-1). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-615 Importation of Equine

A. A Certificate of Veterinary Inspection for equine shall include:

1. An accurate identification for each equine including age, sex, breed, color, name, brand, tattoo, scars, microchip if any, and distinctive markings; and

2. A statement that the equine has a negative test for EIA, including:

a. The date and results of the test;

b. The name of the testing laboratory; and

c. The laboratory accession number.

B. Equine entering the state are not required to obtain an entry permit number.

C. All equine six months of age or older shall, using a test established in R3-2-407(A), test negative for EIA within 12 months before entry. Testing expenses shall be paid by the owner.

D. Extended Equine Certificates of Veterinary Inspection (EECVI) are valid for the life of the certificate (up to 6 months) in the state of Arizona. The equine listed on the EECVI shall be officially identified with a microchip.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-615 renumbered from Section R3-9-615 (Supp. 91-4). Amended effective February 4, 1998 (Supp. 98-1). Amended by final rulemaking at 8 A.A.R. 3628, effective August 7, 2002 (Supp. 02-3). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-616 Importation of Cats and Dogs

A dog or cat shall be accompanied by a Certificate of Veterinary Inspection that documents the animal is currently vaccinated against rabies if older than three months of age according to the requirements of the National Association of State Public Health Veterinarians' Compendium of Animals Rabies Control, incorporated by reference in R3-2-409.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-616 renumbered from Section R3-9-616 (Supp. 91-4). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1). Amended by final rulemaking at 14 A.A.R. 876, effective May 3, 2008 (Supp. 08-1). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-617 Importation of Poultry

Poultry entering the state shall appear healthy, not originate from a poultry quarantine area, comply with all interstate requirements of APHIS, and be accompanied by a Certificate of Veterinary Inspection or Form 9-3 from the National Poultry Improvement Program.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-617 renumbered from Section R3-9-617 (Supp. 91-4). Amended by final rulemaking at 8 A.A.R. 4043, effective November 9, 2002 (Supp. 02-3). Amended by final rulemaking at 14 A.A.R. 876, effective May 3, 2008 (Supp. 08-1). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-618 Importation of Psittacine Birds

A. The owner or the owner's agent of a psittacine bird entering Arizona shall obtain a Certificate of Veterinary Inspection issued by a veterinarian within 30 days of entry, certifying:

1. The bird is not infected with the agent that causes avian chlamydiosis, and

2. The bird was not exposed to birds known to be infected with avian chlamydiosis within the past 30 days.

B. The Certificate of Veterinary Inspection shall accompany the psittacine bird at the time of entry into Arizona.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-618 renumbered from Section R3-9-618 (Supp. 91-4). Amended by final rulemaking at 8 A.A.R. 4043, effective November 9, 2002 (Supp. 02-3). Amended by final rulemaking at 14 A.A.R. 876, effective May 3, 2008 (Supp. 08-1). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-619 [REPEALED]

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-619 renumbered from Section R3-9-619 (Supp. 91-4). Section repealed by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1).

Ariz. Admin. Code § R3-2-620 Importation of Zoo Animals

A. An owner or owner's agent may transport or move zoo animals into the state of Arizona if the animals are accompanied by an official Certificate of Veterinary Inspection, and consigned to a zoo or in the charge of a circus or show.

B. The owner, or owner's agent, of livestock except swine and equine in a "Petting Zoo" shall have the livestock tested for tuberculosis within 12 months before importation. A negative test result is required for entry into Arizona.

C. A business that transports or exhibits zoo animals shall be licensed by the Arizona Game and Fish Department.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-620 renumbered from Section R3-9-620 (Supp. 91-4). Amended by final rulemaking at 8 A.A.R. 4043, effective November 9, 2002 (Supp. 02-3). Amended by final rulemaking at 14 A.A.R. 876, effective May 3, 2008 (Supp. 08-1). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-621 Expired

History

• New Section adopted by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1). Amended by final rulemaking at 14 A.A.R. 876, effective May 3, 2008 (Supp. 08-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 135, effective December 15, 2016 (Supp. 16-4).

Ariz. Admin. Code § R3-2-622 Expired

History

• New Section adopted by final rulemaking at 6 A.A.R. 25, effective December 8, 1999 (Supp. 99-4). December 8, 1999 effective date corrected to reflect what is on file in the Office of the Secretary of State; correct effective date is January 1, 2000 (Supp. 01-1). Section expired under A.R.S. § 41-1056(J) at 23 A.A. R. 135, effective December 15, 2016 (Supp. 16-4).

Article 7 LIVESTOCK INSPECTION

Ariz. Admin. Code § R3-2-701 Department Livestock Inspection

A. A Division employee shall inspect range cattle, as defined in R3-2-702(A), at a ranch if the owner or agent of livestock is:

1. Moving cattle out-of-state,

2. Transferring cattle ownership, or

3. Shipping cattle for custom slaughter.

B. An owner or agent of cattle cannot be issued both non-range and range self-inspection certificates.

C. With prior approval from a Division employee, livestock can be moved to a licensed custom slaughter facility using the livestock owner's or agent's or feedlot operator's self-inspection certificate. A Division employee must validate the self-inspection certificate prior to slaughter.

D. During fiscal year 2021, livestock officers and inspectors shall collect from the person in charge of cattle, dairy cattle, or sheep inspected a service charge of $10 plus the per head inspection fee set out in A.R.S. § 3-1337 for making inspections for the transfer of ownership, sale, slaughter or transportation of the animals.

E. During fiscal year 2024, livestock officers and inspectors shall collect from the person in charge of cattle, dairy cattle, or sheep inspected a service charge of $10 plus the per head inspection fee set out in A.R.S. § 3-1337 for making inspections for the transfer of ownership, sale, slaughter or transportation of the animals.

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-701 renumbered from Section R3-9-701 (Supp. 91-4). Section R3-2-701 repealed; new Section R3-2-701 adopted effective February 4, 1998 (Supp. 98-1). Error in subsection (A)(3) corrected under R1-1-109, filed with the Office of the Secretary of State October 18, 2001 (Supp. 01-3). Amended by final rulemaking at 9 A.A.R. 513, effective April 6, 2003 (Supp. 03-1). Amended by exempt rulemaking at 16 A.A.R. 1331, effective June 29, 2010 (Supp. 10-2). Amended by exempt rulemaking at 17 A.A.R. 1756, effective July 20, 2011 (Supp. 11-3). Amended by exempt rulemaking at 18 A.A.R. 2060, effective August 2, 2012 (Supp. 12-3). Amended by exempt rulemaking at 19 A.A.R. 3127, effective September 14, 2013. Amended by exempt rulemaking at 20 A.A.R. 2449, effective 7/24/2014. Amended by exempt rulemaking at 21 A.A.R. 2404, effective 7/3/2015. Amended by final exempt rulemaking at 23 A.A.R. 1937, effective 8/9/2017. Amended by final exempt rulemaking at 24 A.A.R. 2219, effective 8/3/2018. Amended by final exempt rulemaking at 25 A.A.R. 2081, effective 8/27/2019. Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020. Amended by final exempt rulemaking at 26 A.A.R. 1471, effective 8/25/2020. Amended by final exempt rulemaking at 27 A.A.R. 1264, effective 9/29/2021. Amended by final exempt rulemaking at 28 A.A.R. 2017, effective 9/24/2022. Amended by exempt rulemaking at 29 A.A.R. 3483, effective 10/30/2023.

Ariz. Admin. Code § R3-2-702 Livestock Self-inspection

A. Definitions.

"Dairy" means an owner or agent of a place or premise where one or more lactating animals are kept for milking purposes and from which a part or all of the milk is provided, sold, or offered for sale that meets both of the following conditions: the livestock is not permitted to range and the dairy is permitted by the Department. If these conditions are met, then a Division employee may grant the applicant dairy status.

"Description" means sex, breed, color, and markings, as applicable to the type of livestock.

"Exhibition" means an event including a fair, show, or field day that has as its primary purpose the opportunity for a member of a livestock organization, including 4-H and FFA, to display an animal raised by the individual in a judged competition.

"Feedlot" means an operator of a beef cattle feedlot or feed yard in which the livestock is not permitted to range and that is licensed by the Department. If these conditions are met, then a Division employee may grant the applicant feedlot status.

"Livestock" means cattle, sheep, goats, and swine.

"Livestock broker" means an owner or agent who engages in the business of buying and selling livestock and has immediate possession of the livestock for 10 days or less in which the livestock is not permitted to range. If these conditions are met, then a Division employee may grant the applicant livestock broker status.

"Non-range" means any owner or agent of an enclosed property that is 100 acres or less that meets all of the following conditions: the fence enclosing the livestock is well maintained, the livestock is not permitted to range, and the owner or agent of the livestock lives where the livestock are kept. If these conditions are met, then a Division employee may grant the applicant non-range status.

"Range" means every character of lands, enclosed or unenclosed, outside of cities and towns, upon which livestock is permitted by custom, license or permit to roam and feed. A.R.S. § 3-1201(7)

"Range cattle" means cattle customarily permitted to roam upon the ranges of the state, whether public domain or in private control, and not in the immediate actual possession or control of the owner although occasionally placed in enclosures for temporary purposes. A.R.S. § 3-1201(8)

B. Application.

1. Owners or agents of livestock or feedlot operators shall request a book of self-inspection certificates from the Department. The applicant shall submit a written application form obtained from the Department and provide the following information:

a. Name, mailing address, physical address, telephone number, and email address;

b. Name of business and type of livestock operation;

c. Whether the applicant has been convicted of a violation of A.R.S. Title 3, or a violation of A.R.S. Title 13 related to livestock within the past five years, and if so, the case number, court, charge, and sentence;

d. Recorded brand number;

e. Individual(s) designated to sign self-inspection certificates, if applicable; and

f. Signature and date.

2. The holder of a self-inspection book shall advise the Department within 30 days of any change to the information provided on an application form.

3. The holder of a self-inspection book shall renew registration with the Department every three years from the date the initial or renewal application form is signed.

4. If a holder with self-inspection privileges has been convicted of a criminal violation under A.R.S. Title 3, or a violation of Title 13 related to livestock, that holder shall notify the Department immediately and their privileges shall be revoked.

4. 5. Prior to a department employee issuing a book of self-inspection certificates, the owner shall submit the following payment amount and the department shall receive the payment in full prior to issuing the book:

a. $25.00 for a twenty five page feedlot or livestock broker book;

b. $20.00 for a twenty page dairy book; or

c. $10.00 for a ten page non-range, range, sheep, goat, or swine book.

C. Self-inspection certificate.

1. An owner or agent of livestock or feedlot operator shall provide the following information, as applicable, on a self-inspection certificate whenever livestock subject to self-inspection are moved or ownership is transferred:

a. Name, address, and signature, of the owner or agent of livestock or feedlot operator;

b. Date of the shipment or transfer of ownership;

c. If moved, location from which and to which the livestock are moved, including the name of the auction, feedlot, arena, slaughter establishment, pasture, or other premises, and physical location;

d. Name of transporter;

e. Number and description of livestock;

f. Official identification of each dairy cattle and sexually intact cattle over 18 months of age shipped out of state and back tag numbers of culled dairy cattle;

g. Brand number, expiration date, and location;

h. Name and address of buyer;

i. Number of head of cattle sold for which Beef Council fees are payable under A.R.S. §§ 3-1236 and 3-1238.

2. The owner or agent of livestock or feedlot operator shall complete a self-inspection certificate, except when livestock are subject to inspection by a Division employee under R3-2-701, and distribute copies of the certificate as follows:

a. One copy and any fees that are owed under subsection (C)(1)(i) shall be sent to the Department within 10 days after the end of the month in which it was used ;

b. If the livestock are shipped, the original certificate shall accompany the livestock whenever they are in transit and one copy shall be retained by the person transporting the livestock; or

c. If ownership of the livestock is transferred without shipment, two copies shall be provided to the new owner or agent of livestock or feedlot operator; and one copy shall be retained by the seller.

3. A certificate may be used once to either transfer livestock ownership or to move livestock to a specific destination. If the livestock are diverted to a destination other than that stated on the self-inspection certificate, the certificate is void. The owner or agent of livestock, or feedlot operator shall complete a new certificate and send both the voided and new certificates to the Department within 10 days after the end of the month in which the certificates are used or voided.

4. An owner or agent of livestock or feedlot operator shall use a self-inspection certificate only with a shipment of livestock matching the description for which the certificate is issued and only for the self-inspection issued date. If any of the information on the self-inspection certificate changes, the certificate is void and the owner or agent of livestock or feedlot operator shall complete a new certificate.

5. An altered, erased, completed but unused, or defaced self-inspection certificate is void. A voided certificate shall be returned to the Department within 10 days after the end of the month in which it is voided.

Upon request, certificates shall be returned to the Department by the owner or agent of livestock or feedlot operator. If an operation licensed for self-inspection is sold, leased, transferred, or otherwise disposed of, the owner or agent of livestock or feedlot operator shall notify the Department and return all self-inspection certificates to the Department within 30 days of the transaction.

7. If the owner or agent of livestock or feedlot operator cannot find an unused or used certificate, they must sign an affidavit provided by the Department verifying the certificate is lost and cannot be found. New certificates will not be issued until the signed affidavit has been received by the Department.

D. Sale of livestock. A seller shall document a sale by completing a self-inspection certificate as prescribed in subsection (C) and providing a bill of sale to the purchaser as required under A.R.S. § 3-1291.

E. Feedlot receiving form.

1. The operator of a feedlot shall document receipt of in-coming cattle on a form obtained from the Department. The operator shall include the following information on the form:

a. Name of feedlot and location;

b. Month and year for which report is made;

c. Number of cattle received, date received, and name and address of owner;

d. Description of the cattle;

e. If not Arizona native cattle, the import permit and Certificate of Veterinary Inspection numbers;

f. If native Arizona cattle, self-inspection certificate number or Department inspection certificate number; and

g. Pen number to which cattle are initially assigned.

2. The operator shall return the completed form within 10 days after the end of the month of the reporting period.

F. Quarantine. Livestock under quarantine by the Department shall not be shipped or sold by use of a self-inspection certificate.

G. Violations. The Department shall process violations of this Section as prescribed under A.R.S. § 3-1203(D).

History

• Adopted effective August 19, 1983 (Supp. 83-4). Section R3-2-702 renumbered from Section R3-9-702 (Supp. 91-4). Section R3-2-702 repealed; new Section R3-2-702 adopted effective February 4, 1998 (Supp. 98-1). Amended by final rulemaking at 9 A.A.R. 513, effective April 6, 2003 (Supp. 03-1). Amended by exempt rulemaking at 22 A.A.R. 2400, effective 8/6/2016. Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-703 Seasonal Self-inspection Certificate

A. Exhibition cattle, sheep, goats, and swine.

1. An applicant for a seasonal self-inspection certificate prescribed under A.R.S. § 3-1346 shall request a seasonal self-inspection certificate from the Department. The applicant shall provide the following information, as applicable:

a. Name, mailing address, physical address if different from mailing address, telephone number, and email address;

b. Name of 4-H or FFA group, and group leader;

c. Physical description of livestock;

d. Official identification of livestock, except for native cattle born and raised in Arizona;

d e. Permit number and Certificate of Veterinary Inspection number for livestock imported from another state;

e f. Name of seller and self-inspection certificate number or Department inspection certificate number for livestock purchased from an Arizona seller; and

f g. Signature and date of signature of the owner or lessee. If the owner or lessee is under 18 years of age, a signature of the parent or guardian and date of signature are required.

2. The Department employee who records the information required in subsection (A)(1) shall advise the applicant of the required fee prescribed under A.R.S. § 3-1346(A). The Department shall issue a seasonal self-inspection certificate upon receipt of the fee.

3. An exhibitor shall provide the following information, as applicable, on a seasonal self-inspection certificate whenever livestock subject to seasonal self-inspection is moved or ownership is transferred:

a. Name, address, telephone number, email address, and signature;

b. Date of movement;

c. Name of exhibition and location;

d. Final disposition of the livestock (sale, death, or retention) and date of occurrence; and

e. If the livestock is sold, name, address, and phone number of purchaser (person or slaughter plant).

4. The holder of a seasonal self-inspection certificate shall return the certificate to the Department within two weeks of the sale or slaughter of the livestock or at the end of the show season if the livestock is retained.

History

• Adopted effective November 27, 1987 (Supp. 87-4). Section R3-2-703 renumbered from Section R3-9-703 (Supp. 91-4). Section R3-2-703 repealed; new Section R3-2-703 adopted effective February 4, 1998 (Supp. 98-1). Section repealed; new Section made by final rulemaking at 9 A.A.R. 513, effective April 6, 2003 (Supp. 03-1). Amended by exempt rulemaking at 22 A.A.R. 2400, effective 8/6/2016. Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-704 Emergency Expired

History

• Adopted effective February 4, 1998 (Supp. 98-1). Section repealed by final rulemaking at 9 A.A.R. 513, effective April 6, 2003 (Supp. 03-1). . Section made by emergency rulemaking at 24 A.A.R. 3589, with an immediate effective date of December 13, 2018, valid for 180 days (Supp. 18-4). Emergency expired (Supp. 20-2).

Ariz. Admin. Code § R3-2-705 [REPEALED]

History

• Adopted effective February 4, 1998 (Supp. 98-1). Amended by final rulemaking at 8 A.A.R. 3628, effective August 7, 2002 (Supp. 02-3). Section repealed by final rulemaking at 9 A.A.R. 513, effective April 6, 2003 (Supp. 03-1).

Ariz. Admin. Code § R3-2-706 [REPEALED]

History

• Adopted effective February 4, 1998 (Supp. 98-1). Section repealed by final rulemaking at 9 A.A.R. 513, effective April 6, 2003 (Supp. 03-1).

Ariz. Admin. Code § R3-2-707 Ownership and Hauling Certificate for Equines; Fees

The fee for a new, transferred, or replacement Ownership and Hauling Certificate for Equines as prescribed under A.R.S. §§ 3-1344(B) and 3-1345(B) is $10 per certificate.

History

• New Section made by exempt rulemaking at 8 A.A.R. 3932, effective August 22, 2002 (Supp. 02-3).

Ariz. Admin. Code § R3-2-708 Equine Rescue Facility Registration

A. "Arizona Equine Rescue Standards" means the American Association of Equine Practitioners Care Guidelines for Equine Rescue and Retirement Facilities, 2004 Edition. This material, which includes the Veterinary Checklist for Rescue/Retirement Facilities, is incorporated by reference, does not include any later amendments or editions, and is available for inspection at the Department of Agriculture, 1688 W. Adams St., Phoenix, Arizona 85007. A copy of this material may also be obtained from the American Association of Equine Practitioners web site at http://www.aaep.org/pdfs/rescue_retirement_guidelines.pdf. The American Association of Equine Practitioners is located at 4033 Iron Works Parkway, Lexington, Kentucky 40511.

B. An equine rescue facility shall pay the annual registration fee and file the following documents with the Department's Animal Services Division for the facility to be included on the Department's registry of equine rescue facilities:

1. An application form containing the facility's name, physical and mailing address, and contact person and the contact person's phone number and email address.

2. A copy of documents filed with the Arizona Corporation Commission demonstrating the facility's current status as a nonprofit corporation in good standing in this state.

3. A letter from a licensed veterinarian, dated within 15 days of filing, certifying that the facility is not inadequate with respect to any of the Arizona Equine Rescue Standards and attaching a signed copy of the completed Arizona Equine Rescue Standards' veterinary checklist.

C. Registration is valid for one year. Registration may be renewed annually by complying with subsection (B).

D. The annual registration fee is $75.

E. A nonprofit corporation owning multiple equine rescue facilities must file the letter and checklist described in subsection (B)(3) and pay the annual registration fee for each location it wants included on the registry.

F. The Department shall remove a facility from the registry if it determines that the facility is not presently incorporated as a nonprofit corporation in this state or is inadequate with respect to any of the Arizona Equine Rescue Standards.

History

• New Section made by final rulemaking at 16 A.A.R. 876, effective July 3, 2010 (Supp. 10-2). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Article 8 DAIRY AND DAIRY PRODUCTS CONTROL

Ariz. Admin. Code § R3-2-801 Definitions

In addition to the definitions in A.R.S. §§ 3-601 and 3-661, the following terms apply to this Article: "3-A Sanitary Standards" and "3-A Accepted Practices," as published by the International Association for Food Protection, effective on or before October 15, 2017, means the criteria for design, materials, construction and use of dairy processing equipment. This material is incorporated by reference, does not include any later amendments or editions, and is available for inspection at the Department located at 1110 W. Washington St., Ste. 450, Phoenix, AZ 85007 or available for purchase online at https://www.3-a.org/.

"C-I-P" means a procedure by which equipment, pipelines, and other facilities are cleaned-in-place as prescribed in the 3-A Accepted Practices.

"Converted" means the process by which a frozen dessert is changed from a frozen to semi-frozen form without any change in the ingredients.

"Fluid milk" means milk and any other product made by the addition of a substance to milk or to a liquid form of milk product if the milk or other product is produced, processed, distributed, sold or offered or exposed for sale for human consumption.

"Fluid trade product" means any trade product as defined in A.R.S. § 3-661(5) that resembles or imitates any fluid milk product.

"Food establishment" means any establishment, except a private residence, that prepares or serves food for human consumption, regardless of whether the food is consumed on the premises.

"Frozen desserts mix" or "mix" means any frozen dessert before being frozen.

"Grade A raw milk" means raw milk produced on a dairy farm that conforms to Section 7 of the PMO and the requirements of R3-2-805.

"Parlor" and "milk room" mean the facilities used for the production of Grade A raw milk for pasteurization or Grade A raw milk.

"Plant" means any place, premise, or establishment, or any part, including specific areas in retail stores, stands, hotels, restaurants, and other establishments where frozen desserts are manufactured, processed, assembled, stored, frozen, or converted for distribution or sale, or both. A plant may consist of rooms or space where utensils or equipment is stored, washed, or sanitized and where ingredients used in manufacturing frozen desserts are stored. Plant includes:

"Manufacturing plant" means a location where frozen desserts are manufactured, processed, pasteurized, and converted.

"Handling plant" means a location that is not equipped or used to manufacture, process, pasteurize, or convert frozen desserts, but where frozen desserts are sold or offered for sale other than at retail.

"PMO" means the Grade A Pasteurized Milk Ordinance, 2023 Revision. This material is incorporated by reference, does not include any later amendments or editions, and is on file with the Department at 1110 W. Washington St., Suite 450, Phoenix, AZ 85007. A copy of the incorporated material may also be viewed at https://agriculture.az.gov/.

"Retail food store" means any establishment offering packaged or bulk goods for human consumption for retail sale.

History

• Former Regulations 1-11. Section R3-2-801 renumbered from R3-5-01 (Supp. 91-4). R3-2-801 renumbered to R3-2-803; new Section R3-2-801 adopted effective December 2, 1998 (Supp. 98-4). Amended by final rulemaking at 7 A.A.R. 2215, effective May 9, 2001 (Supp. 01-2). Amended by final rulemaking at 9 A.A.R. 2089, effective August 2, 2003 (Supp. 03-2). Amended by final rulemaking at 12 A.A.R. 3030, effective September 30, 2006 (Supp. 06-3). Amended by final rulemaking at 14 A.A.R. 889, effective May 3, 2008 (Supp. 08-1). Amended by exempt rulemaking at 21 A.A.R. 2407, effective 9/22/2015. Amended by final rulemaking at 22 A.A.R. 2169, effective 10/2/2016. Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020. Amended by exempt rulemaking at 30 A.A.R. 2841, effective 8/27/2024.

Ariz. Admin. Code § R3-2-802 Milk and Milk Products Standards

Unless specifically mentioned in A.R.S. Title 3, Chapter 4, Article 1, or in this Article, all milk and milk products, except frozen desserts, sold or distributed for human consumption shall meet the PMO standards for production, processing, storing, handling, and transportation.

History

• Former Regulations 1, 2. Section R3-2-802 renumbered from R3-5-02 (Supp. 91-4). Section repealed; new Section adopted effective December 2, 1998 (Supp. 98-4).

Ariz. Admin. Code § R3-2-803 Milk and Milk Products Labeling

A. The manufacturer or processor shall ensure that milk and milk products listed in A.R.S. § 3-601(10), and Sections 1 and 2 of the PMO are designated by the name of the product and shall conform to its definition.

B. The manufacturer or processor of milk and milk products shall conform with the labeling requirements in A.R.S. §§ 3-601.01 and 3-627, Section 4 of the PMO, and 21 CFR 101, 131, and 133, amended April 1, 2017. This CFR material is incorporated by reference, does not include any later amendments or editions, and is on file with the Department and the Office of the Secretary of State.

C. The name of the manufacturer or processor shall be on all cartons or closures where it can be easily seen. A manufacturer or processor that has plants in other states shall use a code number or letter to designate the state in which a carton or closure is manufactured or processed. If a manufacturer or processor has a plant within Arizona, the Dairy Supervisor shall issue a code number or letter for each plant and shall keep a record of the number or letter issued. Manufacturers and processors shall include the Arizona code, 04, with the plant code assigned by the Dairy Supervisor.

D. If milk or milk products are manufactured or processed and packaged at a plant for other retailers and the container or closure is not labeled the same as the manufacturer's or processor's like product, the manufacturer or processor shall include the statement "Manufactured or Processed at (name and address of plant or code number or letter)" on the carton or closure. The carton or closure may also contain the statement, "Distributed by: (name of person or firm)."

E. Any person planning to use a new or modified label on a container shall submit the proposed label to the Dairy Supervisor for review.

1. If the proposed label does not meet labeling standards specified in subsection (B), the Dairy Supervisor shall note the required changes on the proposed label, and sign and return the proposed label to the applicant.

2. A person who requests additional time to use the inventory amounts of slow moving cartons or closures before using a modified label shall submit a written request to the Dairy Supervisor. The Dairy Supervisor may approve continued use of the existing cartons and closures if:

a. The use does not present a public health issue, and

b. The information on the cartons and closures is not misleading.

History

• Former Regulations 1 - 21; Amended effective August 4, 1978 (Supp. 78-4). Section R3-2-803 renumbered from R3-5-03 (Supp. 91-4). R3-2-803 renumbered to R3-2-804; new Section R3-2-803 renumbered from R3-2-801 and amended effective December 2, 1998 (Supp. 98-4). Amended by final rulemaking at 9 A.A.R. 2089, effective August 2, 2003 (Supp. 03-2). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-804 Trade Products

A. Any fluid trade product containing milk solids shall be regulated as a fluid milk product.

B. Advertising, display, and sale:

1. Any retail food store may submit its methods and techniques for the advertising, display, and sale of trade products and real products to the Dairy Supervisor to determine compliance with this Section.

2. No food establishment shall sell or provide any patron or employee, for use as food, any trade product or food whose main ingredient is a trade product, unless one of the following disclosures is posted for each trade product, in a prominent place on the premises, or is plainly visible on each menu where other food items are described:

a. "______________________________ served here (brand or common name of trade product) instead of ______________________."

(common name of dairy product)

b. "Nondairy products served here."

3. No food establishment shall advertise or otherwise represent to the public that it serves, or uses in the preparation of a food, a real product when it actually serves or uses a trade product.

C. Labeling: Except as follows, all labels shall comply with the PMO and 21 CFR 101, 131, and 133 .

1. The Dairy Supervisor shall approve a new or modified trade product label before the label is used. The applicant shall file a written request with duplicate copies of the proposed label and any supporting materials necessary to establish the truthfulness, reasonableness, relevancy, and completeness of the label.

2. Unless each ingredient of a trade product is homogenized or pasteurized, the whole product shall not be labeled or advertised as an homogenized or pasteurized product. Individual ingredients that are homogenized or pasteurized may be identified as homogenized or pasteurized in the listing of ingredients.

3. Except for combined ingredients constituting less than 1% of the whole product or unless each ingredient of a trade product qualifies as grade A, the whole product shall not be labeled or advertised as a grade A product. Ingredients that qualify as grade A may be identified as grade A in the listing of ingredients.

4. Any trade product produced outside the state and labeled as prescribed in R3-2-802 and R3-2-803, may be sold within the state provided that the product meets the requirements of A.R.S. §§ 3-663 and 3-665.

History

• Former Regulations 1 - 8; Amended effective December 7, 1976 (Supp. 76-5). Correction, subsection (A)(2) through (H) omitted, Supp. 76-5 (Supp. 79-4). Section R3-2-804 renumbered from R3-5-04 (Supp. 91-4). R3-2-804 renumbered to R3-2-805; new Section R3-2-804 renumbered from R3-2-803 and amended effective December 2, 1998 (Supp. 98-4). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-805 Grade A Raw Milk For Consumption

A. All cattle and other dairy animals from which Grade A raw milk is produced shall be tested and found free of tuberculosis before any milk is sold. All herds shall be tested for tuberculosis at least every 12 months. All cattle and other dairy animals from which Grade A raw milk is produced shall be tested and found free of brucellosis before any milk is sold, and shall be tested every 12 months or have negative brucellosis ring tests of the milk at least once each month, or both, as determined by the State Veterinarian.

B. Grade A raw milk shall be cooled immediately after completion of milking to 45° F or less and shall be maintained at that temperature until delivery.

C. Grade A raw milk shall be bottled on the farm where it is produced. Raw milk products authorized under ARS§ 3-606, except for hard cheeses aged 60 days or more as defined in 7 CFR 58.439, shall be processed, manufactured and packaged on the farm where the milk is produced. Bottling and capping shall be done in a sanitary manner on approved equipment. Hand-capping is prohibited. Caps and cap stock shall be kept in sanitary containers until used.

D. All vehicles used for the distribution of Grade A raw milk shall prominently display the distributor's name.

E. Grade A raw milk shall be labeled as prescribed in R3-2-803 and A.R.S. § 3-606.

History

• Former Regulations 1, 2. Section R3-2-805 renumbered from R3-5-05 (Supp. 91-4). Section R3-2-805 repealed; new Section R3-2-805 renumbered from R3-2-804 and amended effective December 2, 1998 (Supp. 98-4). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-806 Parlors and Milk Rooms

A. Construction Plans.

1. Any person constructing or extensively altering a parlor or milk room shall submit the plans and specifications to the Dairy Supervisor for written approval before work begins. The Dairy Supervisor shall approve or deny the plans within 10 business days.

2. Plans shall consist of a scaled plot design with elevations and pertinent dimensions.

3. Any deviations from the requirements in this Section and from approved plans and specifications may be made only after written approval of the Dairy Supervisor.

B. Site.

1. The parlor and milk room shall be located in a place free from contaminated surroundings.

2. Feed racks, calf pens, bull pens, hog pens, poultry pens, horse stables, horse corrals, and shelter sheds shall not be closer than 100 feet to the milk room or closer than 50 feet to the parlor.

C. Surroundings.

1. Dirt or unpaved corrals and unpaved lanes shall not be closer than 25 feet to the parlor or closer than 50 feet to the milk room; corrals shall be constructed to remove runoff from the lowest point of the grade.

2. A paved (concrete or equivalent) ramp or corral shall be provided to allow the animals to enter and leave the parlor. This paved area shall be curbed sufficiently high enough to contain waste material and water used to clean this area.

D. Drains and waste disposal systems shall be adequate to drain the volume of water used in rinsing and cleaning, as well as the waste created by animals in the parlor. Instead of natural drainage, automatic pumps or other means shall be provided for drainage disposal.

E. Milk room.

1. The milk room shall consist of one or more rooms for the handling of the milk and the cleaning, sanitization, and storage of the milk-handling equipment. Hot and cold running water outlets shall be provided as needed for sanitation . There shall be a minimum of five feet between a farm milk tank at the widest point and the milk room wall where the wash vats are installed. Except for currently installed milk tanks, there shall be at least three feet between any farm tank or farm tank appurtenance and the milk room walls.

2. Passageway. The passageway between the milk room and parlor shall have at least a 3-foot clearance for ingress and egress . Equipment such as milk receivers, dump tanks, or coolers that are part of an enclosed milk line system may be installed in the passageway if:

a. A 3-foot clearance is allowed for the walkway;

b. Space is provided between walls and equipment to permit the disassembly of equipment for cleaning or inspection;

c. The passageway between the parlor and the milk room may be closed at one end. The parlor may be separated from the passageway by a pipe rail fence if the slope of the parlor floor is away from the passageway. If the slope of the parlor floor is toward the passageway, a concrete wall between the passageway and parlor floor of at least 12 inches in height shall be provided.

d. Rustless pipe sleeves with tight-fitting flanges and protective closures shall be installed where the milk lines, hoses for tankers, and wash lines go through the walls of the passageway.

3. Floors.

a. The floors of the milk room, and passageway, if provided, shall be constructed of four-inch thick concrete, or other impervious material troweled smooth. The milk room floor shall slope at least 1/4 inch per 12 inches to a vented trapped drain. The passageway floor shall slope at least one inch per 10 feet toward a drain or gutter. All floor and wall junctions shall have at least a two-inch radius cove.

b. Drainage from the milk room may be independent from or connected to the parlor drainage. Floor drains shall be vented, have a water trap, and a clean-out plug. All floor drains and pipes under the milk room and parlor floor shall meet all applicable plumbing codes.

4. Walls and ceilings.

a. All walls and ceilings shall be constructed of a light colored, impervious material with a smooth finish. If concrete block or masonry construction is used, all voids below the floor line shall be filled with concrete.

b. The main ceiling height shall allow sufficient room for access to, and sampling from, the bulk milk storage tank.

5. Doors and windows.

a. All opening windows shall have at least 16-inch mesh screen.

b. Exterior doors of the milk room shall open outward, be solid, self-closing, and tight fitting. Any door from the passageway shall be a solid door, metal covered on both sides of the bottom half. Wooden door jambs or frames shall terminate six inches above the floor, and the concrete floor cove shall extend to the jambs or frames.

c. All working areas in the milk room shall contain at least 30 foot-candles of natural and/or artificial lighting.

Ventilation. The milk room shall provide adequate ventilation to minimize condensation on ceilings, walls and equipment. Vents shall be protected from the penetration of insects, dust and other contaminants. The milk room shall contain one or more ceiling vents. . Ceiling vents shall not be installed directly above bulk milk storage tanks.

7. Tanker loading area. A tanker-loading area, at least 10 feet by 12 feet, paved, curbed, and sloped to drain, shall be provided adjacent to the milk room where milk is transferred from a farm tank to a milk tanker. If a tanker is used instead of a farm tank, a tanker shelter shall be provided that complies with the construction, light, drainage, and general maintenance requirements of the milk room.

8. Farm tank installations. All farm tanks for the cooling and storing of milk shall be installed in the milk room. Bulk milk tanks equipped with agitator shaft opening seals may, if approved by the Dairy Supervisor, be bulk-headed through a wall.

F. Parlor.

1. Floors.

a. The floors shall be constructed of four-inch thick concrete or other, light-colored, impervious material, finished smooth. The floors, alleys, gutters, mangers, and curbs shall slope lengthwise toward a drain or gutter. The cow standing platform in the elevated stall parlor shall slope sufficiently to provide for adequate drainage and cleaning.

b. Floor and wall junctions shall have at least a two-inch radius cove and shall be an integral part of the floor.

c. The cow standing platform, litter alley, holding corral and concrete lane shall be treated to prevent slipping.

Walls. All walls shall be constructed of a light-colored, impervious material. If necessary, means shall be provided to prevent the entrance of swine, fowl and other prohibited animals. . All walls shall be finished smooth on the inside with the top ledge rounded on open walls. If a parlor wall forms a part of the holding corral or an entrance or exit lane, it shall be finished smooth on the outside. If a concrete block or masonry construction is used, all voids below the floor line shall be filled with concrete. In elevated stall parlors, the wall under the cow standing platform adjacent to the milking area shall be finished smooth and designed to prevent leakage.

3. Plate line. The plate line in the floor level parlor shall be at least 7 feet 3 inches above the floor. In elevated stall parlors, the plate line shall be at least 6 feet 6 inches above the cow standing platform.

4. Superstructure. The exposed superstructure of the parlor or ceiling shall be constructed of smooth material. The roof sheathing in an exposed superstructure shall be applied directly to the rafters.

5.3. Stalls. The cow standing platform and floor level parlors shall be at least three feet wide for each cow and shall be at least four feet 10 inches and not more than six feet from the stanchion line to the gutter, depending on the size of the cattle and the design of the manger. If stanchions are not used, the cow standing platform shall be at least 7 feet in length. The cow stall in a tandem elevated stall shall be eight feet in length. A tandem stall and a herringbone stall shall have a smooth, flat, non-absorbent splash panel behind each cow.

6.4. Light. Natural and/or artificial light shall be at least 30 foot-candles at the floor level and located to minimize shadows in the milking area.

7. Alleys.

a. The litter alley, exclusive of gutter, shall be at least 4 feet 9 inches wide behind a single string of cows. In a 2-string head-out parlor, the litter alley shall be at least eight feet wide between gutters.

b. In a floor level parlor, the feed alley in single and 2-single head-out types, shall be at least 5 feet 9 inches wide between stanchion line and wall. In 2-string head-in parlors, there shall be at least 10 feet between stanchions.

c. The milking alley in the 2-string tandem elevated stall parlor shall be at least eight feet wide but may be reduced to five feet at the narrowest point if automatic feeders are installed and used. The width of the milking alley in the 2-string herringbone parlor may be reduced to five feet at the narrowest point.

d. In the single-string elevated parlor, the milking alley shall be at least eight feet wide.

8.5. Gutters.

a. All parlors shall have gutters to catch the defecation of cows while in the stall and for any water used for rinsing.

b. Gutters in the floor level parlor may be either trench or step-off. The gutter shall be at least 14 inches wide and two inches deep at the cow standing platform. The gutter floor shall slope down away from the cow standing platform 1/2 inch across its width. The gutter shall have a uniform depth for its entire length.

c. The gutters in an elevated stall parlor shall be grate-covered in the stall and trenched along the outside wall. The stall gutter shall be located to catch defecation of cows in the stall. The stall gutter shall be at least 500 square inches in area and at least 20 inches wide and four inches deep. A herringbone parlor may have the stall gutter width reduced to 14 inches provided a 500 square inch area containing the animal is maintained. The wall gutter shall be at least eight inches wide and three inches deep and the bottom may be rounded. A trench gutter may be eliminated in an exit alley if the alley is curbed and sloped to drain.

d.b. Pipe used for parlor gutter drainage shall be at least four inches in diameter and meet applicable plumbing codes.

9.6. Curbs.

a. In elevated stall parlors, the cow standing platform shall be curbed on the side next to the milking alley and the curb shall be at least six inches in height with the top rounded to retain the elevated stall floor washings. This curb may be lowered to not less than two inches at the area where the milking machines are applied. Metal curbs shall be free of voids and sealed to stall and floor or wall.

b. Floor level parlors shall contain a curb under the stanchion line at least six inches wide, 12 inches high from the stall floor, except if metal mangers are used the top of this curb shall be rounded.

107. Stanchions.

a. The stanchion shall be metal or other impervious, easily cleanable material.

b. In floor level parlors, the manger shall have:

i. A width of at least 27 inches with a back wall at least 12 inches above the floor;

ii. Rounded corners;

iii. The low point of the manger at least eight inches out from the stanchion line and three inches above the floor; and

iv. A lengthwise slope of at least 1 1/2 inches per 10 feet toward a drain or gutter.

c. b. Mangers and feed boxes in all types of parlors shall be constructed of impervious materials, finished smooth, and provided with drainage outlets at low points.

11.8. Ventilation.

a. Adequate ventilation shall be provided in the parlor, holding corral, and wash area, if roofed.

b. Continuous open 18-inch ridge vents that rise at least six inches above the roof area are permitted. Any ridge vent continuing over the feed room shall be tightly screened.

c. If a stack vent is used, single string parlors shall have a 12-inch diameter opening, and multi-string parlors shall have a 14-inch diameter opening with not more than 10 feet between vent and wall, and vent and vent.

d. A flat ceiling shall have at least two vents, two feet by two feet or equivalent, shafted to a roof peak vent with not less than a 12-inch opening. The ceiling vents may be located directly over the cow standing platform or the milking pit. The vents shall be located not more than 10 feet between vent and wall, and vent and vent.

12. The lower half of the parlor doors shall be covered on both sides with corrosion-resistant metal.

G. Roof drainage from parlors and milk rooms shall not drain into a corral unless the corral is paved and properly drained.

H. If animals are fed in the parlor, feed storage facilities shall be provided. Feed storage rooms, when installed, shall be partitioned from the parlor and shall be fly and rodent proof. The feed discharge area of the bulk feed storage shall be concrete or other impervious material that is curbed and drained. Bulk feed may discharge directly into the parlor. A bulk feed tank located opposite the passageway shall be at least six feet from the milk room. Overhead feed storage is permissible if it is fly, rodent, and dust tight. Feed shall be conveyed to the manger or feed box in a tightly closed dust-free system. Overhead metal feed tanks may be used.

I. Facilities to store dairy supplies shall be provided. Only supplies that come in contact with the milk or milk contact surface of the milk-handling equipment may be stored in the milk room and shall be protected from toxic materials, vectors, and dust.

History

• Former Regulations 1 - 11. Section R3-2-806 renumbered from R3-5-06 (Supp. 91-4). Section amended effective December 2, 1998 (Supp. 98-4). Amended by final rulemaking at 22 A.A.R. 2169, effective 10/2/2016.

Ariz. Admin. Code § R3-2-807 Frozen Dessert Plant and Processing Standards

A. Plant and Processing Standards.

1. The plant area shall be clean, orderly and free from refuse, rubbish, smoke, dust, air pollution and strong or foul odors originating on the premises. A drainage system shall be provided for the rapid drainage of water away from the building. If unsatisfactory conditions occur in the plant area, with respect to smoke, dust, air pollution, or odors, provision shall be made to protect the frozen desserts and ingredients from contamination.

2. Sewage and industrial waste shall be disposed in accordance with the provisions of the state or county environmental laws. Refuse, unless in appropriate containers, shall not accumulate on the premises.

3. Roads, driveways, yards, and parking areas adjacent to the plant shall be paved or treated to prevent dust and shall be smooth and well drained to prevent accumulation of stagnant liquid.

4. Buildings.

a. The building exterior and interior shall be kept clean and in good repair.

b. In processing and packaging areas, outside doors, windows, skylights, transoms, or other openings shall be protected and operated to preclude the entrance of dust, insects, vermin, rodents, and other animals. Outside doors shall be self-closing wherever practical. Window sills on new construction shall slope inward at least 45-degrees. Outside conveyor openings and other outside openings shall be protected by doors, screens, flaps, fans, or tunnels. Pipes shall be sealed where they extend through exterior walls. Outside pipe openings shall be covered when not in use.

c. Rooms. All rooms, compartments, coolers, freezers, and dry storage space in which any raw material, packaging or ingredient supplies, or finished products are handled, processed, manufactured, packaged, or stored shall be constructed to ensure clean and orderly operations.

i. Boiler and tool rooms shall be separate from rooms where milk products are received, where processing and packaging is done, or where equipment, facilities, and containers are washed and stored.

ii. Toilets and dressing rooms shall be conveniently located and toilets shall not open directly into any room where milk products, ingredients, or frozen desserts are handled, processed, packaged, or stored. Toilet and dressing room doors shall be self-closing. Toilets and dressing rooms shall be well vented to the outer air, and contain hand-washing facilities, hot and cold running water, soap, single-service towels or air dryers. Hand-washing signs shall be posted. Fixtures shall be kept clean and in good repair.

iii. Rooms for receiving milk and other raw ingredients and materials shall be separated from the processing area to avoid contamination of frozen desserts in the processing operations, except that products in cans or other closed containers may be received and transferred to a cooler or other storage without being received in a separate room.

iv. If tank truck deliveries of milk, milk products, or frozen desserts mix are made, other than occasional deliveries, a tank truck room large enough to accommodate the entire truck shall be provided with equipment for cleaning. A covered outside unloading pad may be used for truck tankers with filter dome vents, if washing and sanitizing facilities are provided. If a tank truck room is not located on the premises of an existing plant, facilities for washing and sanitizing tank trucks shall be provided at another location where the washing and sanitizing facility is free from dust and extreme weather conditions.

v. Except for existing processing and packaging rooms, there shall be at least three feet clearance between installations and the wall to prevent overcrowding and to facilitate cleaning. Existing facilities not meeting this requirement shall be permitted if cleaning can be accomplished and permission is obtained from the Dairy Supervisor or the Dairy Supervisor's designee. All processing and packaging rooms shall be equipped with hand-washing facilities including hot and cold running water, soap, single-service towels, or air-dryer.

vi. Refrigeration rooms and units shall be constructed of impervious material and shall be kept clean and sanitary.

vii. Separate rooms shall be provided so that the manufacturing, processing, and packaging are separate from the cleaning and sterilizing of utensils and containers.

viii. No person shall reside or sleep in a frozen desserts plant or in any room connected with it. No animal shall be kept or permitted in a frozen desserts plant.

d. Walls and ceilings shall be constructed of smooth, washable, impervious material. They shall be light-colored, kept clean and sanitary, and refinished when discolored. A darker color material may be used to a height not exceeding 60 inches from the floor.

e. Floors shall be an impervious, smooth-surfaced material that may be flushed clean with water. Except for hardening rooms, floors shall slope 3/16 to 1/4 inch per foot to one or more trapped outlets. No open channel drainage is permitted in new construction or in extensive remodeling of existing plants. Floor drains are not required in freezers used for storing frozen desserts or frozen ingredients. However, the floors shall be sloped to drain to at least one exit and shall be kept clean. Floors in new construction or extensive remodeling shall be joined and coved with the walls to form water-tight joints. Smooth wood floors may only be permitted in rooms where there will be no spillage of product or ingredients, such as rooms where wrapped or packaged frozen products are packed in multiple-pack containers. Toilets and dressing rooms shall have impervious floors and smooth walls.

f. Plumbing shall be installed to prevent back-up of sewage or odors into the plant.

g. All rooms and compartments, including storage space for materials, ingredients, and packages, and toilets and dressing rooms, shall be ventilated to maintain sanitary conditions, and to minimize or eliminate condensation and odors.

h. Lighting, whether natural or artificial, shall be well distributed in all rooms and compartments. Light bulbs and fluorescent tubes shall be protected so that broken glass cannot fall into any product or equipment.

i. Rooms where frozen desserts are handled, processed, manufactured, or packaged, or where equipment or utensils are washed, shall have at least 30 footcandles of light on all working surfaces;

ii. Areas where dairy products are examined for condition and quality shall have at least 50 footcandles of light; and

iii. All other rooms shall have at least 20 footcandles of light 30 inches above the floor.

i. Containers for collecting and holding waste other than dry waste paper and other dry packaging material shall be constructed of metal or other impervious material, covered with tight-fitting lids or covers, and emptied or disposed of daily or at least once during the shift. Clothing, tools, equipment, and other material not used with the frozen desserts operations shall not accumulate in the work areas or in the storage rooms.

j. A room or other space separate from any room or space where milk products or frozen desserts are received, handled, processed, packaged, or stored, shall be provided where employees may change and store clothing. This area shall contain hand-washing facilities, with hot and cold running water, soap or other detergents, and single-service towels or air dryers. Self-closing containers shall be provided for used towels and other wastes.

k. Approval of plans. Plans shall be submitted to the Dairy Supervisor, for any new or remodeled frozen dessert manufacturer, to be reviewed for compliance with this Section. The Dairy Supervisor may allow variances to the requirements in this Section, if protection from contamination is provided for all products handled.

5. Water and steam.

a. Potable hot and cold water shall be available in sufficient quantity for all plant operations and facilities. Non-potable water may be used for boiler feed and condenser water, if the water lines are separated from the water lines carrying the potable water supply and the equipment is constructed to preclude contamination of any product or product contact surface. If water for washing frozen desserts equipment and utensils and for use in rehydration or as an ingredient in any frozen desserts is obtained from other than a regulated municipal supply, a bacteriological examination shall be made of the water supply at least once every six months by a laboratory acceptable to the Dairy regulatory program to determine potability. If the examination indicates contamination of the water supply, a device shall be installed to eliminate the contamination.

b. If steam is used, it shall be provided in sufficient volume and pressure for the operation of equipment or for sterilization, or both. Steam that comes in contact with frozen desserts, ingredients, or with the product contact surface, shall be steam of culinary quality as prescribed in Appendix H, Part III, Culinary Steam - Milk and Milk Products, of the PMO.

Equipment and utensils.

a. New equipment shall meet applicable 3-A Sanitary Standards. All equipment, including connections, coming in contact with frozen desserts or ingredients during processing, manufacturing, handling, or packaging, shall be made of stainless steel. No equipment shall be permitted that is rusted, corroded, or in any other condition that may result in contamination of the frozen desserts. Non-metallic parts with product contact surfaces shall consist of material that meets 3-A Sanitary Standards for Plastic or Rubber and Rubber-like Materials or shall be of plastic approved by the United States Food and Drug Administration. Equipment, apparatus, and piping shall be easily accessible for cleaning and shall be kept in good repair and free from cracks and corroded surfaces. Stationary equipment, including welded sanitary lines and apparatus that permit in-place-cleaning, may be used if prior approval from the Dairy Supervisor has been obtained. C-I-P piping and welded sanitary pipeline systems shall be permitted if engineered and installed according to 3-A Accepted Practices for Permanently Installed Sanitary Product and Solution Pipelines and Cleaning Systems. If rigid pipelines are not practical, plastic pipelines listed in the 3-A Accepted Practices may be used. Product pumps shall be sanitary and easily dismantled for cleaning or shall be constructed to allow C-I-P procedures. All parts of interior surfaces of equipment, pipes (except C-I-P piping), or fittings, including valves and connections shall be accessible for inspection. The Dairy Supervisor may require other equipment, apparatus or piping if stationary equipment, apparatus or piping cannot or is not being effectively cleaned-in-place.

b. Equipment for storage and distribution of liquid sweetening agents shall be constructed of metals, alloys, or other material that will withstand corrosive action by the ingredient. The equipment and the ingredients shall be protected from contamination.

c. Pasteurizing equipment shall meet the standards prescribed in the PMO and 3-A Accepted Practices for Sanitary Construction, Installation, Testing and Operation of High-Temperature-Short-Time Pasteurizers and 3-A Sanitary Standards for Non-Coiled Type Batch Pasteurizers. Batch-type pasteurizers shall be provided with close-coupled outlet valves protected against leakage and shall be equipped with thermometers that record the information of each day's operation on separate charts. Air space thermometers and indicating thermometers shall be provided to check the recording thermometers. The recording thermometer chart shall contain the date, the identity of the pasteurizing number, the batch and product name, and the signature of the employee responsible for this information. The record shall be kept on file at the plant for at least six months. The accuracy of the recording thermometer shall be checked daily using the indicating thermometer and the time and temperature shall be documented on the recording chart. Chart recorders and thermometers for batch pasteurizers shall be tested and sealed by the Dairy Supervisor or the Supervisor's designee after testing and seals shall not be removed without immediately notifying the Dairy Supervisor or the Supervisor's designee.

d. Every plant shall contain hardening rooms, refrigerating rooms, or refrigerated cabinets with space for storage of frozen desserts and perishable ingredients.

e. All utensils used in the receiving, storing, processing, manufacturing, packaging, and handling of frozen desserts or any ingredients shall be of smooth, stainless steel, or plastic listed in the 3-A Accepted Practices and shall have flush seams. Utensils that are badly worn, rusted, or corroded or that cannot be rendered clean and sanitary by washing shall not be used. Lead solder shall not come in contact with milk or milk products or frozen desserts.

7. Cleaning and sanitizing.

a. Cleaning and sanitizing. Equipment, sanitary piping and utensils used in receiving, storing, processing, manufacturing, packaging, and handling frozen desserts and ingredients, and all product contact surfaces of homogenizers, high pressure pumps, packing glands on agitators, pumps and vats, and lines shall be kept clean. Before use, all equipment coming in contact with milk products or frozen desserts shall have a bactericidal or sanitizing treatment. Equipment not designed for C-I-P cleaning shall be disassembled, thoroughly cleaned and sanitized. Biodegradable dairy cleaners, wetting agents, detergents, sanitizing agents, or other similar material that does not adversely affect or contaminate the frozen desserts or ingredients may be used. Steel wool or metal sponges shall not be used to clean any equipment or utensils with product contact surfaces. C-I-P cleaning shall be used only on equipment and pipeline systems designed, engineered, and installed for that type of cleaning. Other equipment and areas in the plant shall be thoroughly cleaned with appropriate methods that prevent potential contamination of ingredients, packaging and frozen desserts. Exhaust stacks, elevators and elevator pits, conveyors and similar facilities shall be inspected and cleaned regularly.

b. Equipment shall be sanitized by using one of the following methods:

i. Using 180° F water for at least two minutes.

ii. Using steam under pressure for at least two minutes or until all parts of the equipment being sanitized have reached 180° F, or the condensate off the equipment remains at 180° F for at least two minutes.

iii. Using chlorine with a residual of at least 50 ppm after one minute contact with equipment, or if sprayed, with a residual of at least 100 ppm after five minutes.

iv. Using any other sanitizing substance prescribed in Appendix F of the PMO.

8. Pasteurization and cooling.

a. All frozen desserts mix, except for flavoring agents used in frozen desserts, shall be pasteurized.

b. Frozen desserts mix shall be pasteurized by heating every particle as described in Table 1:

i. 155° F for 30 minutes,

ii. 160° F for 15 minutes,

iii. 165° F for 10 minutes,

iv. 175° F for 25 seconds,

v. 180° F for 15 seconds,

vi. 200° F for three seconds, or

vii. 210° F with no holding time.

| Table 1 | | | --- | --- | | Batch (Vat) Pasteurization | | | Temperature | Time | | 69ºC (155ºF) | 30 minutes | | Continuous Flow (HTST) Pasteurization | | | Temperature | Time | | 80ºC (175ºF) | 25 seconds | | 83ºC (180ºF) | 15 seconds | | 89ºC (191°F) | 1.0 seconds | | 90ºC (194°F) | 0.5 seconds | | 94ºC (201°F) | 0.10 seconds | | 96ºC (204°F) | 0.05 seconds | | 100ºC (212°F) | 0.01 seconds |

c. Continuous flow pasteurizers, high-temperature-short-time and higher-heat-shorter-time, shall have all public health controls sealed against access and alteration. The seals shall be applied by the Dairy Supervisor or the Supervisor's designee after testing and shall not be removed without immediately notifying the Dairy Supervisor or the Supervisor's designee. The system shall be designed to meet the requirements of the PMO.

d. After pasteurization all mix shall be cooled immediately to 45° F or less and shall be maintained at that temperature until frozen. Milk, cream, and other fluid milk products other than sterilized, evaporated or sweetened condensed milk in hermetically sealed containers shall be stored at 45° F or less.

i. Refrigerated vehicles or approved insulated containers shall be used when transporting frozen desserts mix from the manufacturing or other plant to a retail manufacturer, and

ii. Mix shall be moved from coolers or refrigeration units in a manufacturing plant to freezers by using pipes, tubing, or other means listed in the Permanently Installed Product and Solution Pipelines and Cleaning Systems Used in Milk and Milk Product Processing Plants section of the 3-A Accepted Practices.

9. Storage.

a. Utensils and equipment. Utensils and portable equipment used in processing, handling, or packaging of frozen desserts shall be stored above the floor in clean, dry locations and in a self-draining position on racks constructed of impervious, corrosion-resistant material.

b. Supplies and containers. Whenever possible, supplies shall be kept in a room separate from the processing, handling, and packaging of frozen desserts and under conditions that result in keeping the materials clean and free from dust, moisture, insects, rodents, or other possible contamination. Supplies shall be arranged to permit cleaning of the area and easy inspection and access. Insecticides and rodenticides shall be plainly labeled, segregated, and stored in a separate room or cabinet away from the edible material or packaging supplies. Caps, parchment papers, wrappers, liners, gaskets, and single-service sticks, spoons, covers, and containers for frozen desserts or ingredients shall be stored only in sanitary tubes, wrappings, or cartons and kept in a clean, dry place until used and shall be handled in a sanitary manner.

c. Raw milk products. Raw products for use in frozen desserts that are conducive to bacterial growth shall be handled and stored to minimize bacterial growth. When stored, raw products shall be maintained at 45° F or lower until processing commences.

d. Non-refrigerated products. Products such as non-fat dry milk and other frozen desserts ingredients that do not require refrigeration for proper storing shall be placed in dry storage to be easily accessible for inspection and removal, and for adequate cleaning of the room. Dunnage, pallets or other similar method of elevation shall be used. Frozen desserts or ingredients shall not be stored with any product that would damage them or impair their quality. Opened containers of ingredients shall be protected from contamination.

e. Refrigerated products. All products that require refrigeration shall, except as otherwise specified, be stored under conditions of temperature and humidity that best maintain quality and condition. Products shall not be stored directly on wet floors or be exposed to foreign odors or conditions such as dripping or condensation that may cause package or product damage.

10. Notification of change in products to be manufactured. Any person manufacturing only frozen desserts with butterfat, or only frozen desserts with fats other than butterfat, and uses the other type of fat shall first notify the Dairy Supervisor.

11. Clearing lines and equipment. If the same equipment is used for processing, pasteurizing, and packaging frozen desserts made with dairy products and frozen desserts made with vegetable fats, oils, or proteins, any remaining product shall be completely removed from the lines and equipment and sanitized before introducing another product into the lines and equipment. All equipment and lines shall be sanitized either at the end or beginning of each day's operations.

12. Packaging and containers.

a. Frozen desserts shall be packaged in commercial containers using packaging material that protects the product from contamination. The packaging, cutting, molding, dispensing, and other handling or preparation of frozen desserts and their ingredients shall be in a sanitary manner. Frozen dessert containers shall be filled at the place of pasteurization using approved mechanical equipment. Existing manual processes may be permitted if done in a manner that prevents all contact surface contamination and is approved by the Dairy Supervisor.

b. Multi-use containers for frozen desserts shall be kept clean and dry. If used for transporting frozen desserts, the containers shall be:

i. Rinsed immediately after emptying,

ii. Cleaned upon return to the plant, and

iii. Protected from contamination during storage.

c. Metal cans and containers shall be free from rust and corrosion.

d. Paper and plastic containers, liners, covers, or other materials coming in contact with frozen desserts shall be free from contamination.

e. Single-service containers shall not be reused.

B. Personnel.

1. Plant employees shall wash their hands before beginning work and upon returning to work after using toilet facilities, eating, smoking, or otherwise soiling their hands. Employees shall keep their hands clean and follow good hygienic practices while on duty. Expectorating or using tobacco in rooms or compartments where frozen desserts or ingredients are exposed is prohibited. Clean, white, or light-colored, washable outer garments shall be worn by all employees engaged in handling dairy products, mix or frozen desserts. Hair coverings for head and facial hair shall be worn by all employees engaged in the processing, pasteurizing, packaging, handling, and storage of frozen desserts, product containers, and utensils.

2. Frozen desserts shall be handled so that there is no direct contact between an employee's hands and the product.

3. A person who has a discharging or infected wound, sore or lesion on hands, arms or other exposed portions of the body shall not work in any plant processing or packaging room or in any capacity resulting in contact with milk products or frozen desserts or equipment used in the processing or handling of milk products or frozen desserts. An employee returning to work following illness from a communicable disease shall provide a certificate from a physician attesting to the employee's complete recovery before processing or handling milk products or frozen desserts.

C. Quality standards.

1. Milk products used in the manufacture of frozen desserts shall meet the following standards:

| Product | Standard Plate Count Not to Exceed | | --- | --- | | Raw Milk | 500,000 per ml. | | Pasteurized Milk | 50,000 per ml. | | Raw Cream | 500,000 per ml. |

Pasteurized Cream 100,000 per ml.

2. Butter, 80% cream, plastic cream, mixtures of butterfat, sugar or sweetening agent, moisture and flavoring, condensed milk, mixes and all other similar products shall meet the following standards:

| Bacterial Standards | Not to Exceed | | --- | --- | | Standard Plate Count | 50,000 per gram | | Coliform Count | 20 per gram | | Yeast Count | 50 per gram | | Mold Count | 50 per gram |

Powdered non-fat dry milk, dry whey, and dry buttermilk shall meet the PMO standards.

4. Fats and oils other than from milk shall meet the standards of the United States Food, Drug and Cosmetic Act as amended, or those of any applicable state regulation for fats and oils of food grade standards.

5. Frozen desserts in broken or opened containers or in containers from which the product has been partially used may be returned to the plant for examination but shall not be used or sold for making frozen desserts.

6. All reconstituted frozen desserts shall be pasteurized before packaging.

D. Labeling.

1. All packages of frozen desserts, including cans or other containers of frozen desserts mix but not including frozen desserts packaged in accordance with a customer's request and in the presence of the customer, shall be labeled as prescribed in the federal Food, Drug and Cosmetic Act, as amended.

2. Each frozen dessert package shall contain:

a. The code number assigned by the Dairy Supervisor, identifying the specific manufacturing plant; or

b. The name and address of the frozen dessert manufacturer.

E. License suspension. The Dairy Supervisor may suspend the license of a frozen dessert plant whenever the bacteria count, coliform determination, yeast or mold count exceeds the quality standards for frozen desserts in three out of the last five samples taken on separate days. In addition, the Dairy Supervisor may suspend the permit of a frozen dessert plant for failure to comply with any of the provisions of this Section.

History

• Adopted effective December 7, 1976 (Supp. 76-5). Amended effective December 5, 1977 (Supp. 77-6). Section R3-2-807 renumbered from R3-5-07 (Supp. 91-4). Amended effective December 2, 1998 (Supp. 98-4). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-808 Frozen Desserts Reconstituted from Powdered Mixes

Except for R3-2-807(A)(8), retail establishments that reconstitute frozen desserts from powdered mixes and dispense the desserts on the premises shall comply with the requirements prescribed in R3- 2-807 and the following standards:

1. All equipment, containers, and utensils shall be washed and air-dried after each use and shall be sanitized before each use, in accordance with the sanitation standards established in subsection R3-2-807(A)(7)(b).

2. When not in use, all equipment, utensils, and containers shall be stored above the floor in a clean, dry location free from dust, moisture, insects, rodents, or other possible sources of contamination.

3. Excess quantities of the reconstituted frozen dessert shall not be made from the powdered mix in advance and stored outside the dispensing machine.

4. Frozen desserts shall be reconstituted according to the directions provided by the powdered mix manufacturer.

History

• Adopted effective May 11, 1977 (Supp. 77-3). Section R3-2-808 renumbered from R3-5-08 (Supp. 91-4). Section R3-2-808 renumbered to Section R3-2-809; new Section R3-2-808 adopted effective December 2, 1998 (Supp. 98-4). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-809 Medicinal, Chemical, and Radioactive Residues in Milk

A. All dairies shall comply with the following procedures to exclude medicinal, chemical, and radioactive residues from milk intended for human consumption:

Identify all cows that have been treated with or have consumed medicinal, chemical, and radioactive agents capable of being secreted in milk;

2. Maintain a written record of the date of treatment, type, and quantity of the medicine or chemical administered to each cow;

3. Milk all treated cows last, or with separate equipment to prevent contamination of the wholesome milk supply;

4. Clean and sanitize all equipment, utensils, and containers used in the handling of milk from the treated cows before the equipment is used in the handling of any milk intended for human consumption; and

Discard all milk from the treated cows for the period of time recommended by the attending veterinarian or as indicated on the package or label of the medicine used in the treatment of the cow.

B. Enforcement.

1. When the residue of a chemical, medicinal, or radioactive agent is found in the milk of a dairy and the Dairy Supervisor determines that the residue may be deleterious to human health, the Director shall immediately suspend the dairy from further selling, offering for sale, or distributing milk for human consumption until:

a. The Dairy Supervisor determines that the practice causing the contamination of the milk has been corrected and the dairy is in compliance with the procedures established in subsection (A);

b. Any milk that has not been excluded from human consumption as required by subsection (A) is appropriately discarded; and

c. The first milk shipment following suspension indicates negative test results for medicinal, chemical, or radioactive residues.

2. If the Dairy Supervisor determines that a dairy is not in compliance with the procedures established in subsection (A), the Dairy Supervisor may suspend the dairy until the prescribed procedures are observed.

History

• Section R3-2-809 renumbered from R3-2-808 and amended effective December 2, 1998 (Supp. 98-4).

Ariz. Admin. Code § R3-2-810 License Fees

During fiscal year 2024, an applicant shall pay the following fee to obtain or renew a dairy license:

1. For a license to operate a milk distributing plant or business: $300 plus $2,500 per pasteurizer.

2. For a license to operate a manufacturing milk processing plant: $100.

3. For a license to engage in the business of producer-distributor as an interstate milk shipper listed facility: $150 plus $2,500 per pasteurizer.

4. For a license to engage in the business of producer-distributor: $150.

5. For a license to engage in the business of producer-manufacturer: $25.

6. For a license to engage in the manufacture of trade products: $100.

7. For a license to engage in the business of selling at wholesale milk or dairy products, or both: $100.

8. For a license to sample milk or cream: an initial fee of $50 and a renewal fee of $30.

History

• New Section made by exempt rulemaking at 16 A.A.R. 1331, effective June 29, 2010 (Supp. 10-2). Amended by exempt rulemaking at 17 A.A.R. 1756, effective July 20, 2011 (Supp. 11-3). Amended by exempt rulemaking at 18 A.A.R. 2060, effective August 2, 2012 (Supp. 12-3). Amended by exempt rulemaking at 18 A.A.R. 2060, effective August 2, 2012 (Supp. 12-3). Amended by exempt rulemaking at 19 A.A.R. 3127, effective September 14, 2013. Amended by exempt rulemaking at 20 A.A.R. 2449, effective 7/24/2014. Amended by exempt rulemaking at 21 A.A.R. 2404, effective 7/3/2015. Amended by final exempt rulemaking at 23 A.A.R. 1937, effective 8/9/2017. Amended by final exempt rulemaking at 24 A.A.R. 2219, effective 8/3/2018. Amended by final exempt rulemaking at 25 A.A.R. 2081, effective 8/27/2019. Amended by final exempt rulemaking at 26 A.A.R. 1471, effective 8/25/2020. Amended by final exempt rulemaking at 27 A.A.R. 1264, effective 9/29/2021. Amended by final exempt rulemaking at 28 A.A.R. 2017, effective 9/24/2022. Amended by exempt rulemaking at 29 A.A.R. 3483, effective 10/30/2023.

Ariz. Admin. Code § R3-2-811 Dairy Farm Permit

A. A dairy farm, as defined in the PMO, may apply for a PMO milk producer permit by submitting the following information about the dairy farm on a form provided by the Department:

1. Legal name,

2. Physical and mailing address,

3. Telephone number,

4. Owner's name,

5. Herd size,

6. Daily milk production,

7. Water source,

8. Waste water disposal system,

9. Number of bulk storage tanks, and

10. Certification that the dairy farm facilities comply with Grade A requirements.

B. An applicant for a dairy farm permit shall demonstrate compliance with the minimum standards set out in the PMO by a Department inspection.

C. A permittee shall maintain compliance with the minimum standards set out in the PMO and shall be subject to inspection by the Department in accordance with the PMO.

D. The Department may suspend a permit for a permittee's failure to comply with the minimum standards and may revoke a permit if the permittee fails to correct deficiencies within a reasonable time.

E. Dairy farm permits are not transferable.

History

• New Section made by exempt rulemaking at 21 A.A.R. 2407, effective 9/22/2015.

Article 9 EGG AND EGG PRODUCTS CONTROL

Ariz. Admin. Code § R3-2-901 Definitions and Interpretation Guidance

A. In addition to the definitions provided in A.R.S. §§ 3-701, 3-703 and 3-704, the following shall apply to this Article:

"Business owner or operator" means any person who owns ten percent or more of a business, or a person who controls the operations of a business.

2. "Check" means an individual egg that has a broken shell or crack in the shell but with its shell membranes intact and its contents do not leak. A "check" is considered to be lower in quality than a "dirty."

3. "Dirty" means a shell that is unbroken and that has dirt or foreign material adhering to its surface, which has prominent stains, or moderate stains covering more than 1/32 of the shell surface if localized, or 1/16 of the shell surface if scattered.

4. "Egg-laying hen" means any hen that produces eggs for human consumption.

5. "Egg products":

a. Means eggs, in raw or pasteurized form, that are removed from the shell in a liquid, frozen, dried, or freeze-dried state, but are not fully cooked.

b. May consist of whole eggs, yolks, whites, or any blend of yolk and white, with or without additives, if eggs are the main ingredient.

6. "Housed in a cage-free manner" means confined in a housing system that provides egg-laying hens with all of the following:

a. The amount of usable floor space per egg-laying hen equal to or greater than that required by the 2017 edition of the United Egg Producers' Animal Husbandry Guidelines for U.S. Egg-Laying Flocks: Guidelines for Cage-Free Housing.

b. An indoor or outdoor controlled environment, which can consist of multi-tiered aviaries, partially-slatted systems, singlelevel all litter floor systems, or other systems, and which allows egg-laying hens to have:

i. unrestricted freedom to roam;

ii. an environment that allows them to exhibit natural behaviors, including, at a minimum, scratch areas, perches, nest boxes, and dust bathing areas; and

iii. an environment in which farm employees can provide care while standing within the hens' usable floor space.

"Leaker" means an individual egg that has a crack or break in the shell and shell membranes to the extent that the egg contents are exuding or free to exude through the shell.

8. "Lot" means any quantity of two or more eggs.

9. "Lot Consolidation" means the removal of damaged eggs from cartons labeled by a producer or producer dealer and replacement of the damaged eggs with eggs of the same grade, size, brand, expiration date and source.

"Multi-tiered aviaries" means cage-free housing systems in which egg-laying hens have unfettered access to multiple elevated flat platforms that provide the egg-laying hens with usable floor space both on top of and underneath the platforms.

11. "Partially-slatted systems" means cage-free housing systems in which egg-laying hens have unfettered access to elevated flat platforms under which manure drops through the flooring to a pit or litter removal belt below.

12. "Pasteurized in-shell eggs" means eggs that have been pasteurized with the shell intact by any method approved by the Federal Food and Drug Administration or the department.

13. "Repacking" means changing the identity of a lot of eggs by removing them from the original container labeled by a packer and placing them into another container not labeled by the packer at the point of origin with the same grade, size, lot number, source and/or brand.

14. "Single-level all-litter floor systems" means cage-free housing systems bedded with litter, in which egg-laying hens have limited or no access to elevated flat platforms.

15. "Spot-check" sample means any sample less than a representative sample described in the chart in R3-2-903(B).

16. "Ultimate consumer" means a person consuming eggs or egg products and a restaurant using eggs in the preparation of a meal.

17. "Usable floor space" means the total square footage of floor space provided to each egg-laying hen, as calculated by dividing the total square footage of floor space provided to the egg-laying hens in an enclosure by the number of egg-laying hens in that enclosure. "Usable floor space" shall include both ground space and elevated level flat platforms upon which hens can roost, but shall not include perches or ramps.

18. "UEP" means United Egg Producers.

19. "United Egg Producers Animal Husbandry Guidelines" means the United Egg Producers Animal Husbandry Guidelines for U.S. Egg Laying Flocks, 2017 Edition. This material is incorporated by reference, does not include any later amendments or editions, and is available for inspection at the Department of Agriculture, 1688 W. Adams St., Phoenix, AZ 85007, or the United Egg Producers at 1720 Windward Concourse, Ste. 230, Alpharetta, GA 30005.

"United Egg Producers Certified" means a company that has achieved United Egg Producers Certified status pursuant to the requirements prescribed by the United Egg Producers Animal Husbandry Guidelines.

21. "United Egg Producers Certified logo" means the official symbol and accompanying language used to identify eggs produced by United Egg Producers Certified companies.

22. "United Egg Producers Cage Free Certified logo" means the official symbol and accompanying language used to identify cage-free eggs produced by United Egg Producers Certified companies.

B. Wherever appropriate, and if not expressly indicated, words in the singular form shall be construed to include the plural and vice versa. Nouns and pronouns in masculine, feminine and neuter genders shall be construed to include any other gender.

C. Examples shall not be construed to limit, expressly or by implication, the matter they illustrate.

D. The word "includes" and its derivatives means "includes, but is not limited to" and corresponding derivative expressions.

History

• Former Rule 1; Amended as an emergency effective November 18, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-6). Former Section R3-6-01 amended as an emergency now adopted and amended as a permanent rule effective February 19, 1982. Section renumbered as R3-2-901 (Supp. 82-1). Section R3-6-101 renumbered to R3-2-901 (Supp. 91-4). Section repealed, new Section adopted effective July 13, 1995 (Supp. 95-3). Amended by final rulemaking at 15 A.A.R. 863, effective October 1, 2009 (Supp. 09-2). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020. Amended by final rulemaking at 28 A.A.R. 802, effective 10/1/2022.

Ariz. Admin. Code § R3-2-902 Standards, Grades, and Weight Classes for Eggs; Pasteurized In-Shell Eggs

A. Standards for Eggs. All standards, grades, and weight classes of quality for chicken eggs in the shell shall meet the grades for eggs as prescribed in AMS 56, United States Standards, Grades, and Weight Classes for Shell Eggs, revised as of July 20, 2000. This material is incorporated by reference, does not include any later amendments or editions, and is on file with the Department at 1688 W. Adams St., Phoenix, AZ 85007 and the United States Department of Agriculture, Agricultural Marketing Service, Poultry Programs, STOP 0259, Room 3944-South, 1400 Independence Ave., S.W., Washington, DC 20250-0259, or online at www.ams.usda.gov/grades-standards/eggs. "AMS" means Agricultural Marketing Service, United States Department of Agriculture.

B. Standards for Pasteurized In-Shell Eggs. It is unlawful for a producer, producer dealer, dealer, or retailer to sell, offer for sale, or expose for sale pasteurized in-shell eggs that are packed for human consumption unless both of the following conditions are met:

1. Quality and weight classes:

a. The eggs used to produce pasteurized in-shell eggs shall meet Consumer Grades A or AA and Weight Classes for Eggs of subsection (A).

b. At destination:

i. Pasteurized in-shell eggs shall contain no more than 7 percent (9 percent for Jumbo size) Checks and not more than 1 percent Leakers, Dirties, or Loss (due to meat or blood spots) in any combination, except that such Loss may not exceed 0.30 percent. Other types of Loss are not permitted.

ii. In lots of two or more cases, no individual case may exceed 10 percent Checks.

c. Pasteurized in-shell eggs shall meet the weight classes as indicated in Table I Pasteurized in-shell eggs shall meet the weight classes as indicated in Table I. Weight Classes for Pasteurized In-Shell Eggs.

2. Labeling requirements. Except as provided in subdivision (j), it is unlawful for an egg producer, producer dealer, dealer or retailer to sell, offer for sale, or expose for sale pasteurized in-shell eggs that are packed for human consumption unless each container intended for sale to the ultimate consumer is labeled on one outside top, side, or end with all of the following:

a. The consumer container is conspicuously labeled "KEEP REFRIGERATED" or with words of similar meaning as approved by the department. Consumer container labeling that complies with the safe handling instructions required by Section 101.17 of Title 21 of the Code of Federal Regulations shall be deemed to comply with this paragraph.

b. The consumer container is conspicuously labeled "produced from" in conjunction with the appropriate consumer grade in letters no smaller than 1/2 size of the labeled consumer grade. The use of the consumer grade without the qualifier "produced from" is not permitted.

c. The words "Best By", or "Use by" immediately followed by the month and day in bold type. Months shall be abbreviated Jan, Feb, Mar, Apr, May, Jun, Jul, Aug, Sep, Oct, Nov or Dec. The "Use by", or "Best before" date shall not exceed 75 days from the date on which the pasteurized in-shell eggs were pasteurized, excluding the date of pasteurization. Processors of in-shell eggs that subject the eggs to the pasteurization process shall establish a sell-by date by completion of an appropriate shelf stability study that includes public health and safety criteria. The processor shall retain the study on file at the processing plant and make it available to the department upon request.

d. If the pasteurized in-shell eggs are repacked, the original "Best By" or "Use by" date shall apply.

e. A Julian pack date which is the consecutive day of the year on which the pasteurized in-shell eggs were pasteurized.

f. The identification number of the plant of origin.

g. A conspicuous identification of the eggs as "pasteurized."

h. All state and federal labeling requirements.

i. This section does not apply to pasteurized in-shell eggs that are packaged for export.

j. Paragraph B. does not apply to pasteurized in-shell eggs that are packaged for interstate commerce or pasteurized in-shell eggs that are packaged for military sales if exported to a state or federal agency that requires a different format for the sell-by or best-if-used-by date on pasteurized in-shell eggs, and the processor is utilizing that format.

History

• Former Rule 2; Amended as an emergency effective November 18, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-6). Former Section R3-6-02 amended as an emergency now adopted and amended as a permanent rule effective February 19, 1982. Section renumbered as R3-2-902 (Supp. 82-1). Section R3-6-102 renumbered to R3-2-902 (Supp. 91-4). Section repealed, new Section adopted effective July 13, 1995 (Supp. 95-3). Amended by final rulemaking at 9 A.A.R. 2089, effective August 2, 2003 (Supp. 03-2). Amended by final rulemaking at 14 A.A.R. 892, effective May 3, 2008 (Supp. 08-1). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-903 Sampling: Schedule and Methods for Evidence

A. An inspector may conduct random spot-check sampling of a lot of eggs to determine whether the lot meets minimum quality and weight standards and is in compliance with R3-2-907.

B. Representative egg sampling, under A.R.S. § 3-710(G), shall be based on Table II. A lot that does not meet minimum quality or weight standards or is not in compliance with R3-2-907 shall receive a warning notice hold tag.

1. An inspector may draw additional samples to determine whether the lot meets the minimum requirements.

2. When loose eggs are out of the case, the sample shall be based on a carton.

3. Eggs shall be sampled on a 30-dozen-case basis. When eggs are packed in other lot quantities, an inspector shall convert the quantity of eggs to the equivalent 30-dozen case basis to establish the official sample size.

History

• Former Rule 3; Amended effective March 17, 1976 (Supp. 76-2). Amended as an emergency effective November 18, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-6). Former Section R3-6-03 amended as an emergency now adopted and amended as a permanent rule effective February 19, 1982. Section renumbered as R3-2-903 (Supp. 82-1). Section R3-6-103 renumbered to R3-2-903 (Supp. 91-4). Section repealed, new Section R3-2-903 renumbered from R3-2-906 and amended effective July 13, 1995 (Supp. 95-3). Amended by final rulemaking at 9 A.A.R. 2089, effective August 2, 2003 (Supp. 03-2). Amended by final rulemaking at 15 A.A.R. 863, effective October 1, 2009 (Supp. 09-2). Amended by final rulemaking at 28 A.A.R. 802, effective 10/1/2022.

Ariz. Admin. Code § R3-2-904 Quarterly Report Periods

Quarterly reports are due as prescribed in A.R.S. § 3-716(D). The quarterly report periods for inspection fees are:

1. July 1 to September 30,

2. October 1 to December 31,

3. January 1 to March 31, and

4. April 1 to June 30.

History

• Former Rule 4; Amended effective March 17, 1976 (Supp. 76-2). Amended as an emergency effective November 18, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-6). Former Section R3-6-04 amended as an emergency now adopted and amended as a permanent rule effective February 19, 1982. Section renumbered as R3-2-904 (Supp. 82-1). Section R3-6-104 renumbered to R3-2-904 (Supp. 91-4). Section repealed, new Section R3-2-904 renumbered from R3-2-907 and amended effective July 13, 1995 (Supp. 95-3).

Ariz. Admin. Code § R3-2-905 Inspection Fee Rate

A. All dealers, producer-dealers, manufacturers, and producers shall pay an inspection fee at the rate of 3.0 mills (.00300) per dozen on all shell eggs sold as prescribed in A.R.S. § 3-716(A).

B. All dealers, producer-dealers, manufacturers, and producers shall pay an inspection fee at the rate of 3.0 mills (.00300) per pound on all egg products sold as prescribed in A.R.S. § 3-716(A).

C. For scheduled continuous grading, certification, and inspection services. The following rates apply to continuous grading service on a resident basis and continuous grading service on a nonresident basis per grader:

| 1. | Regular rate: | $38.00/hour | | --- | --- | --- | | 2. | Overtime rate: | $57.00/hour | | 3. | Holiday rate: | $58.00/hour |

D. For plant survey, unscheduled temporary, certification, auditing and appeal grading services. The following rates apply to temporary and auditing service per grader:

| 1. | Regular rate: | $57.00/hour | | --- | --- | --- | | 2. | Overtime rate: | $85.00/hour | | 3. | Holiday rate: | $87.00/hour |

History

• Former Rule 5; Former Section R3-6-05 renumbered as Section R3-2-905 (Supp. 82-1). Section R3-6-105 renumbered to R3-2-905 (Supp. 91-4). Section repealed, new Section R3-2-905 renumbered from R3-2-908 and amended effective July 13, 1995 (Supp. 95-3). Amended by emergency rulemaking at 12 A.A.R. 4063, effective October 1, 2006 for 180 days (Supp. 06-4). Emergency renewed at 13 A.A.R. 1509, effective April 9, 2007 for 180 days (Supp. 07-2). Amended by final rulemaking at 13 A.A.R 1639, effective June 30, 2007 (Supp. 07-2). Amended by final rulemaking at 28 A.A.R. 802, effective 10/1/2022.

Ariz. Admin. Code § R3-2-906 Violations and Penalties

A. A dealer, producer-dealer, manufacturer, producer, or retailer, at each individual location, is subject to the penalties in subsection (B) for any of the following violations:

1. Category A:

a. Making a false or misleading statement relating to advertising or selling eggs and egg products;

b. Acting as a dealer, producer-dealer, producer, or manufacturer without a valid license;

c. Selling shell eggs with an incorrect or incomplete expiration date, or without an expiration date;

d. Selling grade AA or grade A eggs after the expiration date on the carton, case, or container. Selling pasteurized in-shell eggs without or past the "Best By" or "Use by" date;

e. Failing to maintain records and reports required by this Article;

f. Failing to label a carton, case, or container with one size, one grade, one brand name, or, as required under R3-2-907;

g. Moving eggs or an egg case, carton, or container with a warning tag or notice, or removing a warning tag or notice without permission from the Director;

h. Refusing to submit egg or egg product, an egg case, carton, container, subcontainer, lot, load, or display of eggs to inspection; or

i. Refusing to stop, at the request of an authorized representative of the Department, any vehicle transporting eggs or egg products;

j. Selling eggs that have not been produced in accordance with the standards prescribed under R3-2-907;

k. Failing to raise egg-laying hens in this state in accordance with the standards prescribed under R3-2-907.

2. Category B:

a. Extending the expiration date of shell eggs as defined in A.R.S. § 3-701(13); or

b. Advertising, representing, or selling out-of-state eggs as local eggs.

3. Category C:

a. Failing to ensure that shell eggs for human consumption are kept refrigerated at an ambient temperature not higher than 45° F;

b. Failing to ensure that frozen egg products for human consumption, labeled for storage at 0° F or below, are kept under refrigeration at a temperature of 0° F or lower;

c. Failing to ensure that liquid egg products for human consumption are kept refrigerated at a temperature not higher than 40° F; or

d. Failing to meet the sanitary standards egg processing of R3-2-908.

B. Any violation of this Article or of A.R.S. Title 3, Chapter 5, Article 1 not listed in subsection (A) is subject to a Category A civil penalty.

C. Under A.R.S. § 3-739, the civil penalty for a violation of subsection (A) is in Table III.

History

• Former Rule 6; Amended effective February 19, 1982. Former Section R3-6-06 renumbered as Section R3-2-906 (Supp. 82-1). Section R3-6-106 renumbered to R3-2-906 (Supp. 91-4). Former Section R3-2-906 renumbered to R3-2-903, new Section adopted effective July 13, 1995 (Supp. 95-3). Amended by final rulemaking at 5 A.A.R. 4058, effective October 7, 1999 (Supp. 99-4). Amended by final rulemaking at 9 A.A.R. 2089, effective August 2, 2003 (Supp. 03-2). Amended by final rulemaking at 15 A.A.R. 863, effective October 1, 2009 (Supp. 09-2). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020. Amended by final rulemaking at 28 A.A.R. 802, effective 10/1/2022.

Ariz. Admin. Code § R3-2-907 Poultry Husbandry; Standards for Production of Eggs and Biosecurity Requirements

A. Until September 30, 2022, all egg-laying hens in this state shall be raised according to UEP Animal Husbandry Guidelines.

B. Until September 30, 2022, all eggs sold in this state produced by hens shall be from hens raised according to the UEP Animal Husbandry Guidelines. All eggs shall display the UEP Certified logo on their cases, cartons, and containers, or the egg dealer shall annually provide the Department with a copy of a current independent third-party audit that demonstrates that the eggs were produced by hens raised according to UEP Animal Husbandry Guidelines.

C. Beginning October 1, 2022, all egg-laying hens in this state shall be housed in accordance with the UEP Animal Husbandry Guidelines and shall be provided with no less than one square foot of usable floor space per egg-laying hen.

D. Beginning October 1, 2022, all eggs and egg products sold in this state shall be from hens that are housed in accordance with the UEP Animal Husbandry Guidelines and provided with no less than one square foot of usable floor space per egg-laying hen.

E. Beginning no later than January 1, 2025, all egg-laying hens in this state shall be housed in a cage-free manner.

F. Beginning no later than January 1, 2025, all eggs and egg products sold in this state shall be from hens housed in a cage-free manner.

G. Subsections (A) through (F) of this rule do not apply to egg producers or business owners or operators operating or controlling the operation of one or more egg ranches each having fewer than 20,000 egg-laying hens producing eggs. Subsections (A) through (E) of this rule also do not apply to any hens that are raised cage-free or any eggs produced by hens that are raised cage-free.

H. Beginning no later than October 1, 2022, in order to sell eggs or egg products within the state, a business owner or operator must have a certificate from the Supervisor certifying that the eggs or egg products are produced in compliance with Subsections subsections (C) through (F), or are exempt under subsection (G). The Supervisor will certify that eggs and egg products are produced in compliance with subsections (C) through (G) if the eggs or egg products are accompanied by documentation from a government or private third-party inspection and continuous process verification service that the Supervisor deems acceptable establishing that the eggs or egg products were produced in compliance with this Section. The immediate container of eggs and egg products shall be plainly and conspicuously marked with the words "ARS 710J" in bold-faced type not less than one-eighth inch in height; or in another manner preapproved by the department.

I. It shall be a defense to any action to enforce this Rule that a business owner or operator relied in good faith upon a written certification by the supplier that the eggs or egg products at issue were derived from an egg-laying hen which was housed in compliance with this Section.

DJ. All producers and producer dealers with operations within the state shall have a written biosecurity plan in place. At a minimum each producer and producer dealer shall:

1. Restrict access to all areas where poultry are housed or kept.

2. Take steps to ensure that contaminated material is not transported into any poultry barns.

3. Cover and secure feed in a manner that prevents wild bird, rodents or other animals from accessing the feed.

4. Cover and properly contain poultry carcasses, used litter, or other disease-containing organic materials that prevents wild birds, rodents or other animals from accessing the material and movement of the materials by the wind.

5. Keep houses in good repair and all areas to which the birds have access should be kept free of materials hazardous to the birds.

EK. The biosecurity plan shall contain the following:

1. Methods for the disposal and handling of poultry manure.

2. Procedures for prevention, control and eradication of vectors for poultry diseases.

3. Procedures for the detection, control and treatment of poultry diseases.

Methods for the disposal and handling of culled birds and entire flocks under normal cyclic operations and following emergency depletion as a result of disease.

5. A facility poultry disease control and prevention plan which includes standard operating procedures with respect to specific measures to control and prevent disease including but not limited to structural and operational disease control and prevention provisions.

Procedures to prevent cross contamination between nest run and in line eggs.

7. Procedures to prevent the introduction and transmittal of diseases by vehicles and any other forms of transportation.

8. Signed agreements with all employees containing biosecurity procedures regarding contact with outside poultry and wild birds.

FL. A producer and producer dealer shall allow the Department to enter the premises during normal working hours to inspect the biosecurity plan documents and the biosecurity that is implemented.

History

• Former Rule 7; Former Section R3-6-07 renumbered as Section R3-2-907 (Supp. 82-1). Section R3-6-107 renumbered to R3-2-907 (Supp. 91-4). Section R3-2-907 renumbered to R3-2-904 effective July 13, 1995 (Supp. 95-3). New Section made by final rulemaking at 15 A.A.R. 863, effective October 1, 2009 (Supp. 09-2). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020. Amended by final rulemaking at 28 A.A.R. 802, effective 10/1/2022.

Ariz. Admin. Code § R3-2-908 Sanitary Standards; Egg Processing

A. All egg producers and retail locations where lot consolidation is conducted in this state shall meet the facility and sanitary operation requirements prescribed by the Regulations Governing the Voluntary Grading of Shell Eggs, 7 CFR 56, effective March 30, 2008. This material is incorporated by reference, does not include any later editions, and is available for inspection at the Department of Agriculture, 1688 W. Adams St., Phoenix, AZ 85007.

B. No person other than a producer or producer dealer shall repack eggs. All eggs sold to the ultimate consumer must be pre-packaged with all required labeling requirements of this article and A.R.S. Title 3 Chapter 5. A producer, producer dealer shall not pack or repack eggs that have been in retail distribution channels.

C. A retailer may lot consolidate eggs labeled for the ultimate consumer by a packer. A daily log with lot information is required and shall include volume consolidated, grade, size, brand, lot and source.

History

• Former Rule 8; Amended effective October 1, 1979 (Supp. 79-5). Former Section R3-6-08 renumbered as Section R3-2-908 (Supp. 82-1). Amended effective January 1, 1985 (Supp. 84-6). Amended effective December 30, 1987 (Supp. 87-4). Amended effective March 23, 1990 (Supp. 90-1). Section R3-6-108 renumbered to R3-2-908 (Supp. 91-4). Section R3-2-908 renumbered to R3-2-905 effective July 13, 1995 (Supp. 95-3). New Section made by final rulemaking at 15 A.A.R. 863, effective October 1, 2009 (Supp. 09-2). Amended by final rulemaking at 26 A.A.R. 781, effective 6/8/2020.

Ariz. Admin. Code § R3-2-909 [REPEALED]

History

• Former Rule 9; Former Section R3-6-09 renumbered as Section R3-2-909 (Supp. 82-1). Section R3-6-109 renumbered to R3-2-909 (Supp. 91-4). Section repealed effective July 13, 1995 (Supp. 95-3).

Article 10 AQUACULTURE

Ariz. Admin. Code § R3-2-1001 Definitions

In addition to the definitions provided in A.R.S. § 3-2901, the following shall apply unless the context otherwise requires:

1. "Certificate of Aquatic Health" is an official document from an issuing state or an equivalent form published by the United States Fish and Wildlife Service or the United States Department of Agriculture attesting that the live aquatic animals described thereon have been inspected and are free of the diseases and causative agents set forth in R3-2-1009.

2. "Department" means the Arizona Department of Agriculture.

History

• Adopted effective May 3, 1993 (Supp. 93-2).

Ariz. Admin. Code § R3-2-1002 Fees for Licenses; Inspection Authorization and Fees

A. License fees are established as follows:

1. Aquaculture facility: $100 annually.

2. Fee fishing facility: $100 annually.

3. Aquaculture processor: $100 annually.

Aquaculture transporter: $100 annually.

5. Special licenses: $10 annually.

B. An expired license may be renewed within 90 days after expiration by payment of a $50 late fee.

C. Upon request of the licensee, the Department shall assess the licensed facility and, if applicable, certify the facility is free from infectious diseases and causative agents listed in R3-2-1009 before issuing a Certificate of Aquatic Health. All expenses properly incurred in the certification procedure of the inspection, including time, travel, and laboratory expenses, shall be paid to the Department by the licensee requesting certification.

History

• Adopted effective May 3, 1993 (Supp. 93-2). Amended by final rulemaking at 8 A.A.R. 4043, effective November 9, 2002 (Supp. 02-3).

Ariz. Admin. Code § R3-2-1003 General Licensing Provisions

A. An applicant for a license to operate an aquaculture facility or a fee fishing facility, or to operate as an aquaculture processor or aquaculture transporter shall provide the following information on a form furnished by the Department:

Whether the applicant is an individual, corporation, partnership, cooperative, association, or other type of organization;

2. The name and address of the applicant;

3. A corporation shall specify the date and state of incorporation;

4. The principal name of the business, and all other business names that may be used;

5. The name, mailing address, and telephone number of the applicant's authorized agent;

6. The street address or legal description of the location of the facility to be licensed; and

7. The signature of the person designated in subsection (A)(5), and the date the application is completed for submission to the Department.

B. The Department shall grant a license when all conditions are met and assign a Department establishment number to each facility.

C. All licenses expire on December 31 for the year issued.

D. A licensee shall advise the Department in writing of any change in the information provided on the application during the license year. This information shall be provided within 30 calendar days of the change.

E. To prevent the spread of diseases and causative agents listed in R3-2-1009, the Department may inspect and take samples from any facility or shipment being transported. A licensee shall notify the Department within 72 hours of becoming aware of the presence of any disease or causative agent listed in R3-2-1009 . Aquatic animals found to be infected with a disease or causative agent listed in R3-2-1009 are prohibited from interstate or intrastate movement without prior written Department approval.

F. The Department shall quarantine or seize aquatic animals, alive or dead, plants, or products for examination or diagnostic study when there is a potential for spread of a disease or causative agent listed in R3-2-1009, or any other disease or causative agent that could constitute a threat to aquatic animals or plants of the state. The Department shall issue a written notice to the licensee specifying:

1. The reason for the Department's action; and

2. The licensee's right to request a hearing as prescribed in A.R.S. § 3-2906.

G. A licensee shall conspicuously mark all quarantined aquatic products and quarantined areas in a manner specified by the Department.

H. A licensee shall pay all diagnostic, quarantine, and destruction costs.

History

• Adopted effective May 3, 1993 (Supp. 93-2). Amended by final rulemaking at 8 A.A.R. 4043, effective November 9, 2002 (Supp. 02-3).

Ariz. Admin. Code § R3-2-1004 Specific Licensing Provisions; Aquaculture Facility; Fee Fishing Facility; Special License Facility

A. In addition to the application requirements in R3-2-1003, an applicant for a license to operate an aquaculture facility, a fee fishing facility, or a special license facility under A.R.S. § 3-2908(A) shall provide the following information on a form provided by the Department:

1. Water sources, transmission, and conveyances;

2. Method used to dispose of tailing waters and solid wastes;

3. Number and size of ponds, raceways, and tanks, if applicable;

4. Whether hatchery facilities are included;

5. A list of all animals and plants to be authorized under the license by genus, species, and common name.

B. An application to culture or possess an aquatic animal or plant that has not previously occurred in the drainage where the facility is located shall be accompanied by a written proposal. The applicant's proposal shall include:

1. Anticipated benefits from introducing the species;

2. Anticipated adverse effects from introducing the species, as it may affect indigenous or game fish, including hybridization;

Anticipated diseases inherent to introducing the species;

4. Suggestions for post-introduction evaluation of status and impacts of the introduced species; and

5. Structural and operational methods implemented to prevent escape of the species, if applicable.

C. Each body of water serving a facility shall be contained within the boundaries of the land owned or leased by the licensee.

D. A facility using public waters having natural or artificial inlets, rivers, creeks, washes, or canals shall provide mechanical screening approved by the Department to prevent live aquatic animals and plants, including eggs and fry, from escaping beyond the aquaculture facility boundaries or into public bodies of water.

E. An applicant for a special license under A.R.S. § 3-2908(A) shall also provide the following information to the Department at the time of application:

1. A written narrative describing the project in detail, the project purpose, the hypothesis, and the project duration; and

2. The proposed disposition of the aquatic animals or plants upon completion of the project.

F. The Department shall consider the recommendations of the Arizona Game and Fish Department, under A.R.S. § 3-2903, when determining whether to issue a license or an import permit under R3-2-1010 . The Department may issue a license excluding some of the aquatic animal or plant species listed in the application.

History

• Adopted effective May 3, 1993 (Supp. 93-2). Amended by final rulemaking at 10 A.A.R. 673, effective April 3, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-2-1005 Fee Fishing Facility

A licensee shall not allow an aquatic animal to be removed from a fee fishing facility unless:

The aquatic animal is dead, and

The licensee provides the person removing the aquatic animal with written proof of sale identifying the:

a. Facility, by name, address, and Department establishment number issued under R3-2-1003(B);

b. Date of harvest; and

c. Number and species of aquatic animals transported from the facility.

History

• Adopted effective May 3, 1993 (Supp. 93-2). Amended by final rulemaking at 10 A.A.R. 673, effective April 3, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-2-1006 Processor License

A. In addition to complying with the application requirements of R3-2-1003, applicants for a license to operate as an aquaculture processor as defined in A.R.S. § 3-2901(12) shall provide the following information on a form furnished by the Department:

1. Water sources, transmission, conveyances, and annual consumption in gallons or acre feet;

2. Method used to dispose of tailing waters and solid wastes;

B. A processing facility shall operate in a clean and sanitary condition during all periods of operation. The following are the minimum requirements for such establishments.

1. Each establishment shall have sanitary floors and walls impervious to water.

2. All outside windows and doors shall be screened.

3. There shall be a supply of potable water.

4. There shall be a sewage disposal system of such a type as not to be a breeding place for insects and not to constitute a hazard or to endanger public health.

History

• Adopted effective May 3, 1993 (Supp. 93-2).

Ariz. Admin. Code § R3-2-1007 Transporter License; Transport; Delivery

A. In addition to the application requirements in R3-2-1003, an applicant for a license to operate as an aquaculture transporter of live aquatic animals as defined in A.R.S. § 3-2901(15) shall, on a form provided by the Department:

1. Designate whether the license is for interstate or intrastate transport, or both;

2. List aquatic transporting equipment to be used, including tanks and vehicles, and vehicle license number; and

3. State prior year volume or anticipated annual tonnage of live aquatic animals transported.

B. A transporter shall ensure that the aquatic transporting equipment has adequate water and oxygen at a temperature and in a quantity normal for the health of the live aquatic animals and shall be clearly marked, "Live Fish."

C. In addition to a copy of the Certificate of Aquatic Health, a transporter shall transport each container of live aquatic animals within the state with a document identifying:

1. Consignor's name, address, and telephone number;

Consignee's name, address, and telephone number;

3. Quantity and size of the aquatic animal being transported;

4. Genus, species, and common name of the aquatic animal being transported;

5. Date of shipment; and

6. Department establishment number.

D. A transporter shall deliver live aquatic animals only to a retail outlet, as prescribed at A.R.S. § 3-2907(J) or to a person listed in R3-2-1010(B).

History

• Adopted effective May 3, 1993 (Supp. 93-2). Amended by final rulemaking at 10 A.A.R. 673, effective April 3, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-2-1008 [REPEALED]

History

• Adopted effective May 3, 1993 (Supp. 93-2). Section repealed by final rulemaking at 10 A.A.R. 673, effective April 3, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-2-1009 Disease Certification

A. A licensee requesting and receiving a Certificate of Aquatic Health shall have their facility inspected and all live aquatic animals, fertilized eggs and milt shall be found free of, but not limited to, the following diseases and causative agents:

1. Causative agent: Egtved Virus. Disease: VHS, Viral Hemorrhagic Septicemia of Salmonids.

2. Causative agent: Infectious Hematopoietic Necrosis Virus. Disease: IHN, Infectious Hematopoietic Necrosis of Salmonids.

3. Causative agent: Infectious Pancreatic Necrosis Virus. Disease: IPN, Infectious Pancreatic Necrosis of Salmonids.

4. Causative agent: Ceratomyxa shasta. Disease: Ceratomyxosis of Salmonids.

5. Causative agent: Rhabdovirus carpio. Disease: Spring Viremia of carp. Certification is required in this case only when the original origin of the shipment is from outside the United States.

6. Causative agent: Renibacterium salmoniarum. Disease: BKD, Bacterial Kidney Disease of Salmonids.

7. Causative agent: Aeromonas salmonicida. Disease: Furunculosis.

8. Causative agent: Myxobolus cerebralis. Disease: Whirling Disease of Salmonids.

B. The Department may require inspection for any disease or causative agent not listed in subsection (A) when there is evidence that the disease or causative agent may constitute a threat to aquatic animals or plants, aquatic wildlife or the aquaculture industry. The Department shall send written notice to all licensees pursuant to this Chapter when implementing this subsection, naming the disease or causative agent of concern. Action to quarantine or seize aquatic animals or plants pursuant to this subsection shall not be subject to delay pending such written notice.

History

• Adopted effective May 3, 1993 (Supp. 93-2).

Ariz. Admin. Code § R3-2-1010 Importation of Aquatic Animals

A. The owner, or owner's agent, importing live aquatic animals into the state shall ensure the animals are accompanied by the following:

1. A Certificate of Aquatic Health as defined in R3-2-1001, based upon an inspection of the originating facility within the 12 months preceding the shipment;

2. A transporter license issued under R3-2-1007; and

3. An import permit number issued by the Department under this Section, legibly written or typed on the certificate of aquatic health.

B. The owner, or owner's agent, of live aquatic animals, except those imported by a retail outlet as prescribed in A.R.S. § 3-2907(J), shall ensure that the animals are consigned to or in the care of:

1. An Arizona resident;

2. An aquaculture facility, fee fishing facility, or special license holder licensed by the Department;

3. A holder of an aquatic wildlife stocking permit issued by the Arizona Game and Fish Department; or

4. A holder of any aquatic animal license issued by the Arizona Game and Fish Department.

C. The owner, or owner's agent, may obtain an import permit number from the Department, Office of the State Veterinarian, by providing the following information:

Consignor's name, address, and telephone number;

2. Consignee's name, address, and telephone number;

3. Consignee's Department establishment number issued by the Department or a copy of an aquatic wildlife stocking permit or the license issued by the Arizona Game and Fish Department;

4. Origin of the shipment;

5. Genus, species, and common name of aquatic animals to be imported; and

6. Quantity and size classification of aquatic animals to be imported.

D. An import permit number remains valid for 15 calendar days from the date of issuance by the Department.

E. The Department shall refuse entry to any shipment that does not comply with this rule.

F. The Department shall quarantine and require destruction of any shipment, after its arrival, that it determines is infected with or was previously exposed to any causative agent or disease listed in R3-2-1009.

History

• Adopted effective May 3, 1993 (Supp. 93-2). Amended by final rulemaking at 8 A.A.R. 4043, effective November 9, 2002 (Supp. 02-3).

Article 11 VOLUNTARY EGG GRADING PROGRAM

Ariz. Admin. Code § R3-2-1101 Definitions

For the purpose of this Article, unless the context otherwise requires, the terms in this section shall have the following meaning:

"Acceptable" means suitable for the purpose intended.

"Administrator" means the supervisor as defined in A.R.S. § 3-701.

"Ambient temperature" means the air temperature maintained in an egg storage facility or transport vehicle.

"AMS" means Agricultural Marketing Service, United States Department of Agriculture.

"Applicant" means any person or entity who requests any grading service.

"Appeal grading" means a re-grading requested by a recipient who is dissatisfied with an initial grading decision.

"Associate Director" means the associate director of the animal service division.

"Auditing services" means the act of providing independent verification of written quality assurance and value added standards for production, processing and distribution of eggs. Auditing services are performed by graders authorized by the Administrator to perform such audits and the service provided will be in accordance with the provisions of this Article for grading services, as appropriate.

"Cage mark" means any stain-type mark caused by an egg coming in contact with a material that imparts a rusty or blackish appearance to the shell.

"Case" means, when referring to containers, an egg case, as used in commercial practice in the United States, holding 30 dozens of eggs.

"Class" means any subdivision of a product based on essential physical characteristics that differentiate between major groups of the same size, kind, species, or method of processing.

"Chick papers" means the papers in which chicks are delivered.

"Condition" means any condition (including, but not being limited to, the state of preservation, cleanliness, soundness, whole-someness, or fitness for human food) of any product which affects its merchantability.

"Consumer grades" means U.S. Grade AA, A, and B.

"Controlling person" means a person at least 21 years of age legally accountable for operations and management of the egg production plant.

"Department" or "AZDA" means the Arizona Department of Agriculture.

"Director" means the Director of the Arizona Department of Agriculture.

"Egg grading service" means the personnel who are actively engaged in the administration, application, and direction of egg grading programs and services pursuant to this Article.

"Eggs" means eggs of domesticated chickens.

"Eggs of current production" means eggs that are no more than 21 days old.

"Grademark" means the official identification symbol used to identify eggs officially graded by AZDA in accordance with this article.

"Grader" means any employee assigned by AZDA to investigate and certify in accordance with this Article, the class, quality, quantity, or condition of products.

"Grading or grading service" means the determination by a grader that a product meets the standards of this Article regarding the class, quality, quantity, or condition of the product for the purpose of issuing a grade or grading certificate. Such determination may be performed by examining all product units or representative samples drawn by the grader; may be performed as a temporary, resident or non-resident grading service; and includes regrading performed in response to an appeal of a previous grading decision.

"Grading certificate" means a statement, either written or printed, issued by a grader pursuant to this Article, relative to the class, quantity, quality, or condition of products.

"Holiday or legal holiday" means the legal public holidays specified by State of Arizona Accounting Manual (SAAM).

"Identify" means to apply a grademark to products or the containers thereof.

"Interested party" means any person financially interested in a transaction involving any grading, appeal grading, or regrading of any product.

"Office of grading" means the office of any resident grader at the plant.

"Official AZDA certificate" means any form of certification, either written or printed, used under this Article to certify with respect to the sampling, class, grade, quality, size, quantity, or condition of products (including the compliance of products with applicable specifications).

"Official AZDA memorandum" means any initial record of findings made by an authorized person in the process of grading or sampling pursuant to this Article, any processing or plant-operation report made by an authorized person in connection with grading or sampling under this Article, and any report made by an authorized person of services performed pursuant to this Article.

"Official AZDA mark" means the grademark and any other mark, or any variations in such marks approved by the Administrator and authorized to be affixed to any product, or affixed to or printed on the packaging material of any product, stating that the product was graded, or indicating the appropriate U.S. grade or condition of the product, or for the purpose of maintaining the identity of products graded under this Article, including but not limited to, those set forth in R3-2-1111.

"Official identification" means any AZDA standard designation of class, grade, quality, size, quantity, or condition specified in this Article or any symbol, stamp, label, logo, or seal indicating that the product has been officially AZDA graded and/or indicating the class, grade, quality, size, quantity, or condition of the product approved by the Supervisor and authorized to be affixed to any product, or affixed to or printed on the packaging material of any product.

"Official plant" means the facilities used for a shell egg operation that has been approved by AZDA for grading purposes.

"Origin grading" means a grading made on a lot of eggs at a plant where the eggs are graded and packed.

"Packaging" means the primary or immediate container in which eggs are packaged and which serves to protect, preserve, and maintain the condition of the eggs.

"Packing" means the secondary container in which the primary or immediate container is placed to protect, preserve, and maintain the condition of the eggs during transit or storage.

"Person" means any individual, partnership, association, business trust, corporation, or any organized group of persons, whether incorporated or not.

"Plant" means the facilities used for a shell egg operation.

"Potable water" means water that has been approved by the State health authority or agency or laboratory acceptable to the Administrator as safe for drinking and suitable for food processing.

"Product or products" means eggs of the domesticated chicken.

"Quality" means the inherent properties of any product which determine its relative degree of excellence.

"Quality assurance inspector" means any designated company employee other than the plant owner, manager, foreman, or supervisor, authorized by the State supervisor to examine product and to supervise the labeling, dating, and lotting of officially graded eggs and to assure that such product is packaged under sanitary conditions, graded by authorized personnel, and maintained under proper inventory control until released by an employee of the Department.

"Recipient" means the individual or entity whose application for grading services has been approved by the Department.

"Resident grading service" means continuous supervision, in an official plant, of the handling or packaging of any product.

"Sampling" means the act of taking samples of any product for grading or certification.

"SE" means Salmonella Enteritidis.

"Shell protected" means eggs which have had a protective covering such as oil applied to the shell surface. The product used shall be acceptable to the Food and Drug Administration.

"Shipped for retail sale" means eggs that are forwarded from the processing facility for distribution to the ultimate consumer.

"State supervisor" means the immediate supervisor of a Grader.

"Washed ungraded eggs" means eggs which have been washed and that are either sized or unsized, but not segregated for quality.

History

• Section R3-2-1101 recodified from R3-2-101 (Supp. 97-1). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 3755, effective May 10, 2002 (Supp. 02-3). Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1102 General Provisions

A. Administration. The Administrator shall perform such duties as the Associate Director may require in the enforcement or administration of the provisions of this Article. The Administrator is authorized to waive for limited periods any particular provisions of this Article to permit experimentation so that new procedures, equipment, and processing techniques may be tested to facilitate definite improvements and at the same time to determine full compliance with the spirit and intent of this Article. The AZDA and its officers and employees shall not be liable in damages through acts of commission or omission in the administration of this Article.

B. Basis of grading service.

1. Grading service with respect to the determination of the quality of products shall be on the basis of the United States Standards, Grades, and Weight Classes for shell eggs. However, grading service may be rendered with respect to products which are bought and sold on the basis of institutional contract specifications or specifications of the recipient; and such service, when approved by the Administrator, shall be rendered on the basis of such specifications. The supervision of packaging shall be in accordance with such instructions as may be approved or issued by the Administrator.

2. Whenever grading service is performed on a representative sample basis, such sample shall be drawn and consist of not less than the minimum number of cases as indicated in:

a. R3-2-903 for stationary lots; or

b. QAD 700 Shell Egg Graders Handbook Section 8 on-line sampling of Shell Eggs (8-30-2016).

Accessibility of product. Each product for which grading service is requested shall be so conditioned and placed as to permit a proper determination of the class, quality, quantity, or condition of such product.

C. Prerequisites to grading. Grading of products shall be rendered pursuant to this Article and under such conditions and in accordance with such methods as may be prescribed or approved by the Administrator.

D. Supervision. All plant grading service shall be subject to supervision at all times by an AZDA grader. Such service shall be rendered in accordance with instructions issued by the Administrator where the facilities and conditions are satisfactory for the conduct of the service and the requisite graders are available.

E. Other applicable regulations. Compliance with this Article shall not excuse failure to comply with any other applicable Federal, State, or local laws or regulations.

History

• Section R3-2-1102 recodified from R3-2-102 (Supp. 97-1). Amended effective October 8, 1998 (Supp. 98-4). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 3755, effective May 10, 2002 (Supp. 02-3). Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1103 Equipment and Facilities for Graders

Equipment and facilities to be furnished by the recipient for use of graders in performing service on a resident basis shall include, but not be limited to, the following:

A. An accurate metal stem thermometer.

B. An accurate means to determine pH level of wash water.

C. Test kits for checking the concentration level of the solution used for sanitizing eggs and monitoring the concentration level of potable water treatment compounds in plants having chlorinators. The kit must be designed for testing the compound being used.

D. Protective equipment including, general purpose gloves and safety glasses to all egg graders who are monitoring the strength of potable water treatment compounds and egg sanitizing solutions, unless plant employees are trained to perform the testing under the direct supervision of the grader.

E. Electronic digital-display scales graduated in increments of 1/10-ounce or less for weighing individual eggs and test weights for calibrating such scales. Plants packing product based on metric weight must provide scales graduated in increments of one gram or less.

F. Electronic digital-display scales graduated in increments of 1/4-ounce or less for weighing the lightest and heaviest consumer packages packed in the plant and test weights for calibrating such scales.

G. Scales graduated in increments of 1/4-pound or less for weighing shipping containers and test weights for calibrating such scales.

H. Test weights sufficient in size to verify the accuracy of the lightest and heaviest unit of measurement weighed on any given scale located in the plant.

I. Two candling lights that provide a sufficient combined illumination through both the aperture and downward through the bottom to facilitate accurate interior and exterior quality determinations.

J. A candling booth adequately darkened and located in close proximity to the work area that is reasonably free of excessive noise. The booth must be sufficient in size to accommodate two graders, two candling lights, and other necessary grading equipment.

K. If deemed necessary by the supervisor, a cart or method of conveyance for the transportation of samples to and from the candling booth.

L. Furnished office space, suitable wireless internet connection, a desk and file or storage cabinets (equipped with a satisfactory locking device), suitable for the security and storage of official supplies, and other facilities and equipment as may otherwise be required.

Such space and equipment must meet the approval of the Administrator.

History

• Section R3-2-1103 recodified from R3-2-103 (Supp. 97-1). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 3755, effective May 10, 2002 (Supp. 02-3). Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1104 Schedule of Operation of Official Plants

Grading operating schedules for services performed pursuant to this article shall be requested in writing and be approved by the Administrator. Normal operating schedules for a full week consist of a continuous eight-hour period per day (excluding not to exceed one hour for lunch), five consecutive days per week, within the administrative workweek, Saturday through Friday, for each shift required. Less than eight-hour schedules may be requested and will be approved if a grader is available. Clock hours of daily operations need not be specified in the request, although as a condition of continued approval, the hours of operation shall be reasonably uniform from day to day. Graders are to be notified by management one day in advance of any change in the hours grading service is requested.

History

• Section R3-2-1104 recodified from R3-2-104 (Supp. 97-1). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 3755, effective May 10, 2002 (Supp. 02-3). Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1105 Application for Grading Service

An application for AZDA grading service may be made by egg producer or a producer dealer with operations located in Arizona.

A. Form of application. Each application for grading or sampling a specified lot of any product shall include such information as may be required by the Administrator in regard to the product and the premises where such product is to be graded or sampled. The applicant shall designate the employees of the applicant who will authorized to provide information to the AZDA grader(s) as may be necessary for the performance of the grading service.

B. Application for grading service in official plants; approval. Any person desiring to process and pack products in a plant under grading service must receive approval of such plant and facilities as an official plant prior to the rendition of such service. When a signed application for service has been received, the State supervisor or the supervisor's assistant shall complete a plant survey pursuant to this Article. An application for grading service shall be approved when the application has been filed for grading service; a successful plant survey is completed; and all required facility or equipment modifications are completed.

C. Denial of service. An application for grading service may be denied by the Administrator when:

1. The applicant fails to meet the requirements of this Article prescribing the conditions under which the service is made available.

The product is owned by or located on the premises of a person currently denied the benefits of this Article.

Any individual holding office or a responsible position with or having a substantial financial interest or share in the applicant is currently denied the benefits of the Act or was responsible in whole or in part for the current denial of the benefits of this Article to any person or entity.

4. The Administrator determines that the application is an attempt on the part of a person currently denied the benefits of this Article to obtain grading services.

5. The applicant, after an initial survey has been made in accordance with this Article, fails to bring the grading facilities and equipment into compliance with this Article within a reasonable period of time.

6. Notwithstanding any prior approval whenever, before initiation of service, the applicant fails to fulfill commitments concerning the initiation of the service.

7. It appears that performing the services specified in this Article would not be in the best interests of the public welfare or of the Government.

8. It appears to the Administrator, in his sole discretion, that prior commitments of the Department or lack of resources necessitate denial of service.

D. Debarment. An applicant may be permanently debarred for the following reasons:

1. The giving or offering, directly or indirectly, of a bribe, or any money, loan, gift, or anything of value to an employee of the Department to obtain any benefit or special treatment;

2. Taking any action that falsely brings the Department in disrepute or that creates the appearance of impropriety;

3. Knowingly making a false or misleading statement of a material fact to the Department;

4. Using any official identification, grademark, stamp, symbol, label, seal, or identification without authority from the Department;

5. Forging, counterfeiting, or falsely simulating any grading certificate, symbol, stamp, label, seal, or identification authorized pursuant to this Article;

6. Use of an official grademark, certificate, symbol, stamp, label, seal, or identification without authority;

7. Failure to make an official plant or product accessible for grading service;

8. Interference with the performance of duty of an AZDA grader, licensee, contractor, or employee.

9. Failure to pay a Department invoice within 30 days after issuance of the invoice; or

10. Any other violation of any provision of the statutes, rules and regulations of the Department that threatens the health, safety, or welfare of the public.

E. Notification. An applicant shall be promptly notified of the reasons for a denial of service. A written petition for reconsideration of such denial may be filed by the applicant with the Administrator if postmarked or delivered within 10 days after the receipt of notice of the denial. Such petition shall state specifically the errors alleged to have been made by the Administrator in denying the application. Within 20 days following the receipt of such a petition for reconsideration, the Administrator shall approve the application or notify the applicant of the reasons for the denial thereof. Service of notice may be accomplished by regular mail and/or email.

F. Withdrawal of application. An application for grading service may be withdrawn by the applicant at any time before the service is performed, provided that the applicant pays all expenses incurred by the AZDA in connection with such application.

History

• Section R3-2-1105 recodified from R3-2-105 (Supp. 97-1). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 3755, effective May 10, 2002 (Supp. 02-3). Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1106 Authority of Applicant

A. Proof that an authorized controlling person is applying for any grading service may be required at the discretion of the Administrator. Such proof may include, but is not limited to:

1. Documentation, as specified under A.R.S. § 41-1080(A), of the applicant's lawful presence in the U.S.

2. Proof of business entity structure of the plant.

Proof of ownership interest or position held in the plant.

4. Documentation of designated authority from the business entity under which the plant operates.

B. The approved recipient of grading services must notify the Department of a change of control or ownership of the official plant within 15 days after such change is effective.

History

• Section R3-2-1106 recodified from R3-2-106 (Supp. 97-1). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 3755, effective May 10, 2002 (Supp. 02-3). Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1107 Order of Service

AZDA grading service shall be performed, insofar as practicable and subject to the availability of qualified graders, on a first-come, first-served basis, except that precedence may be given to an application for an appeal grading.

History

• Section R3-2-1107 recodified from R3-2-107 (Supp. 97-1). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 3755, effective May 10, 2002 (Supp. 02-3). Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1108 Types of Grading Service

A. Scheduled continuous grading service on a resident basis and continuous grading service on a nonresident basis. Service on a resident basis has a scheduled tour of duty, while service on a nonresident basis has a nonscheduled tour of duty, but is of a reoccurring nature. Both of these services are performed when an applicant requests that an AZDA/inspector grader be stationed in the applicant's processing plant and grade eggs in accordance with U.S. Standards. The applicant agrees to comply with the facility, operating, and sanitary requirements of resident service. The charges for resident grading services are based on the hours of the regular tour of duty. Eggs graded under AZDA resident grading service are only eligible to be identified with the official grademarks shown in R3-2-1111 when processed and graded under the supervision of a grader/inspector, or quality assurance inspector as provided in R3-2-1114.

B. Unscheduled temporary grading service. Temporary grading service is performed when an applicant requests resident grading on a fee basis. The applicant must meet all of the facility, operating, and sanitary requirements of resident service. Charges or fees are based on the time and expenses needed to perform the work. Eggs graded under temporary grading service are only eligible to be identified with the official AZDA grademarks when they are processed and graded under the supervision of a grader or quality assurance inspector as provided in R3-2-1114.

C. Auditing service. Auditing service is performed when an applicant requests independent verification of written quality assurance and value added standards for production, processing, and distribution of eggs. Charges or fees are based on time, travel, and expenses needed to perform the work.

D. The Department shall determine the number of graders needed to perform grading services. Recipients shall not ask AZDA graders to assume plant managerial responsibilities.

History

• Section R3-2-1108 recodified from R3-2-108 (Supp. 97-1). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 3755, effective May 10, 2002 (Supp. 02-3). Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1109 Suspension of Grading service or Plant approval for Correctable Cause

A. Provision of grading services is a privilege and not a right. Any plant approval of grading services given pursuant to this Article may be suspended by the Administrator for:

1. Failure to maintain grading facilities and equipment in a satisfactory state of repair, sanitation, or cleanliness.

2. The use of operating procedures which are not in accordance with this Article;

3. Alterations of grading facilities or equipment which have not been approved in accordance with this Article; or

4. Any reasons listed in the "Denial of Service" section of R3-2-1105, or required by any other need to protect public health, safety, or welfare.

B. Suspension may occur prior to the right to have a hearing in cases in which immediate suspension is required to protect public health, safety, or welfare. Whenever it is feasible to do so, written notice in advance of such suspension of plant approval shall be given to the person concerned and shall specify a reasonable period of time in which corrective action must be taken. If advance written notice is not given, the action shall be promptly confirmed in writing after the suspension and the reasons therefor shall be stated, except in instances where the person has already corrected the deficiency. During such period of suspension, grading service shall not be rendered. After appropriate corrective action is taken, grading service will be restored immediately, or as soon thereafter as a grader can be made available.

C. If the grading facilities or methods of operation are not brought into compliance within a reasonable period of time as specified by the Administrator, the Administrator shall send formal notice of the suspension pursuant to A.R.S. Title 41, Chapter 6, Article 10. Any suspension shall continue in effect pending the outcome of a hearing unless otherwise ordered by the Administrator.

D. Upon suspension of grading service, all grademarks (labels, seals, tags, or packaging material bearing other official identification), shall, under the supervision of a person designated by the AZDA, be destroyed, obliterated, or sequestered in a manner acceptable to the AZDA.

E. In any case where grading service is suspended under this section, the person concerned may thereafter apply for grading service once the conditions giving rise to the suspension or withdrawal have been remediated.

History

• Section R3-2-1109 recodified from R3-2-109 (Supp. 97-1). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 3755, effective May 10, 2002 (Supp. 02-3). Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1110 Authority to Use Official Insignia

A. Authority to use official AZDA grademarks. Authority to use an AZDA grademark on products is granted only to recipients who utilize the services of a grader or quality assurance inspector in accordance with this Article. Packaging materials bearing official identification marks shall be approved pursuant to R3-2-1110 to R3-2-1111, inclusive, and shall be used only for the purpose for which approved and prescribed by the Administrator. Any unauthorized use or disposition of approved labels or packaging materials which bear any official AZDA identification may result in cancellation of grading service, denial of the permission to use of labels or packaging materials bearing official identification, or denial of other benefits of the Act pursuant to the provisions of R3-2-1105 D.

B. Approval of official identification. No label, container, or packaging material which bears official identification may contain any statement that is false or misleading. No label, container, or packaging material bearing official identification may be printed or prepared for use until the printers' or other final proof has been approved by the Administrator in accordance with this Article. It is the recipient's responsibility to ensure label compliance with the Federal Food, Drug, and Cosmetic Act, the Fair Packaging and Labeling Act, and the regulations promulgated under this Article. The use of finished labels must be approved as prescribed by the Administrator. A grader may apply official identification stamps to shipping containers if they do not bear any statement that is false or misleading. If the label is printed or otherwise applied directly to the container, the principal display panels of such container shall for this purpose be considered as the label. The label shall contain the name, address, and ZIP Code of the packer or distributor of the product, the name of the product, a statement of the net contents of the container, and the AZDA grademark.

C. Nutritional labeling. Nutrition information must be included on the labeling of each unit container of consumer packaged eggs in accordance with the General Regulations for the Enforcement of the Federal Food, Drug, and Cosmetic Act and the Fair Packaging and Labeling Act, located at 21 CFR §§ 101.1 to 101.108. The nutrition information included on labels is subject to review by the Food and Drug Administration prior to approval by the Department.

D. Refrigeration labeling. All containers bearing official AZDA "Grade AA" or "Grade A" identification shall be labeled to indicate that refrigeration is required, e.g., "Keep refrigerated," or words of similar meaning.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1111 Form of AZDA Grademark and Information Required

A. Form of official identification symbol and grademark. The logo set forth in Figure 1 of this section shall be the official identification symbol for purposes of this Article and when used, imitated, or simulated in any manner in connection with eggs, shall be prima facia evidence that the product has been officially graded in compliance with this Article.

B. Eggs with consumer grades. Except as otherwise authorized, the AZDA grademark used to officially identify AZDA consumer-graded eggs shall be of the form and design indicated in Figures 2 through 4 of this section. The logo shall be of sufficient size so that the printing and other information contained therein is legible and in approximately the same proportion as shown in these figures. No variation may be used for the color scheme of Figure 4.

C. The "Produced From" AZDA grademark. The Figure 5 grademark may be used to identify products for which there are no official U.S. grade standards (e.g., pasteurized shell eggs, and/or hard boiled eggs), provided that these products are approved by the Department and are prepared from AZDA compliant Consumer Grade AA or A eggs. The Figure 5 grademark may utilize any one of the designs shown in Figures 2 through 4 of this section. The "Produced From" text outside the symbol shall be conspicuous, legible, and in approximately the same proportion and close proximity to the symbol as shown in Figure 5 of this section.

D. Information required on AZDA grademark. Except as otherwise authorized by the Administrator, each AZDA grademark shall include the letters "AZDA" and the U.S. grade of the product it identifies, such as "Grade AA," as shown in Figure 2 of this section. Such information shall be printed with the symbol and the wording within the symbol in contrasting colors in a manner such that the design is legible and conspicuous on the material upon which it is printed.

E. Product class. The size or weight class of the product, such as "Large," may appear within the grademark as shown in Figure 3 of this section. If the size or weight class is omitted from the grademark, it must appear prominently on the main panel of the carton.

F. Plant number. The plant number of the official plant preceded by the letter "P" must be shown on each carton or packaging material.

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History

• Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1112 Lot marking of Officially Identified Eggs

Each carton identified with the AZDA grademarks shown in R3-2-1111 shall be legibly lot-numbered on the consumer package and the carton, and may also be shown on the individual egg. The lot number shall be the consecutive day of the year (Julian date) on which the eggs were packed (e.g., 132), except other lot-numbering systems may be used when submitted in writing and approved by the Administrator.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1113 Retention Directives

A grader may use retention tags or other devices and methods as approved by the Administrator for the identification and control of eggs which are not in compliance with this Article or are held for further examination, and for any equipment, utensils, rooms or compartments which are found unclean or otherwise in violation of this Article. Any such item shall not be released until in compliance with this Article and retention identification shall not be removed by anyone other than a grader.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1114 Prerequisites to Packaging eggs Identified with Grademarks

Quality assurance inspector required. The official grademark identification of any product as provided in this Article shall be done only under the supervision of a grader or quality assurance inspector. The grader or quality assurance inspector shall have supervision over the use and handling of all material bearing any official grademark identification.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1115 Grading Requirements of Eggs identified with AZDA Grademarks

A. Eggs to be identified with the AZDA grademarks illustrated in R3-2-1111 must be individually graded by a grader.

B. In order to be officially identified with an AZDA consumer grademark, eggs shall:

1. Be of current production;

2. Be produced and processed within the borders of Arizona;

3. Not possess any undesirable odors or flavors;

4. Not have previously been shipped for retail sale;

5. Meet consumer Grade A or Grade AA, as prescribed in AMS 56, United States Standards, Grades, and Weight Classes for Shell Eggs, revised as of July 20, 2000, which is incorporated by reference, does not include any later amendments or editions of the incorporated matter, is on file with the Department at 1688 W. Adams St., Phoenix, AZ 85007, and can be found online at https:/ /www.ams.usda.gov/sites/default/files/media/Shell_Egg_Standard%5B1%5D.pdf;

6. Be produced and packaged in a facility in accordance with the Food and Drug Administration, Department of Health and Human Services' requirements for the Production, Storage, and transportation of Shell Eggs as specified in 21 CFR §§ 118.1 to 118.12, revised as of April 1, 2011, which is incorporated by reference, does not include any later amendments or editions of the incorporated matter, and is on file with the Department at 1688 W. Adams St., Phoenix, AZ 85007;

7. Be produced and packaged in a facility that meets the Regulations Governing the Inspection of Eggs under the Egg Products Inspection Act (EPIA), as specified in 7 CFR §§ 57.1 to 57.970, revised as of April 12, 2006, which is incorporated by reference, does not include any later amendments or editions of the incorporated matter, and is on file with the Department at 1688 W. Adams St., Phoenix, AZ 85007;

8. Be produced in a facility that has implemented a SE environmental monitoring program which includes testing for SE in chick papers and in the house environment when the pullets are 14-16 weeks of age, 40-45 weeks of age, four to six weeks post-molt, and pre-depopulation.

9. Be produced in a facility that has implemented and maintained a vaccination program to protect against SE infection, which includes a minimum of two attenuated live vaccinations and one killed or inactivated vaccination, or an alternative vaccination program that has been approved by the Department after having been demonstrated in the Department's estimation to be equally effective.

C. Management at an official plant is responsible for notifying the AZDA grader whenever contaminated or adulterated eggs are present in the official plant. Any eggs identified as contaminated or adulterated must be properly labeled and controlled by plant management. This includes eggs originating from a layer house with an SE-positive environment or eggs testing positive for the presence of SE. Failure to control, detain and/or notify the grader of the presence of contaminated or adulterated eggs in the official plant will constitute a violation of this Article. Department employees are authorized to inspect lay houses and review plant documents to determine compliance with this Article.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1116 Payment of Fees and Charges

A. Fees and charges for any grading service shall be paid by the recipient by check, draft, or money order payable to the "Arizona Department of Agriculture Egg Program." AZDA may require that fees and charges shall be paid in advance, and shall include travel, per diem, or other expenses incurred by the Department in connection with providing grading services.

B. The cost of an appeal grading or review of a grader's decision shall be borne by the appellant on a unscheduled temporary basis at rates set forth in R3-2-1117, plus travel, per diem, or other expenses. If the appeal grading or review of a grader's decision discloses that a material error was made in the original determination, no fee or expenses will be charged for the regrading.

C. Invoices for services previously rendered will be issued no later than the 10th day following the end of the period in which the service was rendered and are payable in full upon receipt.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1117 Charges for Grading Service

A. Scheduled continuous grading service. The following rates apply to continuous grading service on a resident basis and continuous grading service on a nonresident basis per grader:

| 1. Regular rate: | $38.00/hour | | --- | --- | | 2. Overtime rate: | $57.00/hour | | 3. Holiday rate: | $58.00/hour |

B. Plant survey, unscheduled temporary, auditing and appeal grading services. The following rates apply to temporary and auditing service per grader:

| 1. Regular rate: | $57.00/hour | | --- | --- | | 2. Overtime rate: | $85.00/hour | | 3. Holiday rate: | $87.00/hour |

C. Reapplication after termination of service by recipient. If a recipient causes termination under R3-2-1105(D), and reapplies within 12 months from the date of termination, there will be an additional re-application fee of $300 in addition to the above fees.

D. Extra charges. The following extra charges shall be assessed:

1. All hours worked by an assigned grader or another grader in excess of the approved tour of duty, worked on a nonscheduled workday, or worked on a State holiday outside of the approved tour of duty, will be considered as overtime, at the rate of time and one-half.

2. For all hours of work performed in a plant without an approved tour of duty, the charge will be the temporary grading service.

E. No charges. No charges will be assessed:

1. Solely because of a change in name or ownership of the official plant, unless the recipient of services fails to notify the Department within the time limit specified in R3-2-1105, in which case the above charges will apply.

When the assigned grader is temporarily reassigned by AZDA to perform grading service for another service recipient.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1118 Termination by Recipient

Grading services under this Article shall be unilaterally terminated by the recipient of such service when:

A. Service is not installed within six months from the date the application is filed due to inaction by the applicant or recipient on Department requirements.

B. Service remains inactive for a period of more than six months due to a recipient's request for removal of a grader and the recipient does not accept reassignment of another grader by the Department.

C. The recipient is terminated for cause based on violations listed in R3-2-1105(D).

History

• Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1119 Mutual Termination

The Department and the recipient of service may mutually agree to termination of the service, under the following terms:

A. Previously paid fees will not be returned to the service recipient.

B. Pending charges will be paid in full for completed work of the Department.

C. A pending application will be considered terminated, but a new application may be filed at any time, without penalty.

D. Termination shall not take effect until the end of a 30-days' notice period, unless the parties agree otherwise.

E. The mutual decision to terminate and any related agreements are documented in writing.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1120 Appeals

A. Appeal grading. An appeal grading may be requested by any recipient or authorized designee or other interested party ("appellant") who is dissatisfied with the determination by a grader of the class, quality, quantity, or condition of any product as evidenced by the AZDA grademark and accompanying label, or as stated on a grading certificate.

1. The appeal shall be filed with the original grader's immediate supervisor.

2. Initial review of the appeal shall be made by the original grader's immediate supervisor, or by one or more licensed graders assigned by the immediate supervisor to review the appeal.

2. An appeal may be made orally or in writing. If made orally, written confirmation is required. The appellant shall clearly state the reasons for requesting the appeal grading and a description of the product, or the decision which is questioned. If such appeal request is based on the results stated on an official certificate, the original and all available copies of the certificate shall be provided to the grader assigned to perform the appeal grading.

3. The appellant's request for the appeal grading may be refused when it appears to the reviewer that the reasons given in the request are frivolous or not substantial, the quality or condition of the product has undergone a material change since the original grading, the original lot has changed in some manner, or the appellant has not materially complied with the requirements of this Article. In such case, the appellant shall be promptly notified of the reason or reasons for such refusal.

4. If an appeal grading is granted, it shall be performed by a grader other than the original grader. Whenever practical, an appeal grading shall be conducted jointly by two independent graders.

5. The following procedures shall be used for appeal grading:

a. The appeal sample shall consist of product taken from the original sample container plus an equal number of samples selected at random.

b. When the original samples are not available or have been altered, such as the removal of undergrades, the appeal sample size for the lot shall consist of double the samples required in R3-2-1102.

c. Eggs shall not have been moved from the original place of grading and must have been maintained under adequate refrigeration.

Immediately after an appeal grading is completed, an appeal certificate shall be issued to show that the original grading was upheld, modified, or rejected. Such certificate shall supersede any previously issued certificate for the product involved and shall clearly identify the number and date of the superseded certificate. The issuance of the appeal certificate may be withheld until any previously issued certificate and all copies have been returned when such action is deemed necessary to protect the interest of the Department. When the appeal grader assigns a different grade to the lot, the existing AZDA grademark shall be changed or obliterated as necessary. When the appeal grader assigns a different class or quantity designation to the lot, the labeling shall be corrected.

B. Appeal for suspension, termination or denial of service or debarment. Any person whose grading service is suspended, terminated, denied service, or debarred, may request a hearing before an administrative law judge pursuant to A.R.S. Title 41, Chapter 6, Article 10. The decision of the administrative law judge is subject to review by the Director as provided by A.R.S. Title 41, Chapter 6, Article 10.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1121 AZDA Grading Certificates

A. Forms. AZDA grading certificates and sampling report forms (including appeal grading certificates and regrading certificates) shall be issued on forms approved by the Administrator.

B. Issuance.

1. Resident grading basis. Certificates will be issued only upon request therefor by the applicant or AZDA. When requested, a grader shall issue a certificate covering product graded by such grader. In addition, a grader may issue a grading certificate covering product graded in whole or in part by another grader when the grader has knowledge that the product is eligible for certification based on personal examination of the product or official grading records.

2. Other than resident grading. Each grader shall, in person or by the grader's authorized agent, issue a grading certificate covering each product graded by such grader. A grader's name may be signed on a grading certificate by a person other than the grader, if such person has been designated as the authorized agent of such grader by the Administrator, provided that:

a. The certificate is prepared from an official memorandum of grading signed by the grader; and

b. A notarized power of attorney authorizing such signature has been issued to such person by the grader and is on file in the office of grading. In such case, the authorized agent shall sign both the agent's name and the grader's name, e.g., "John Doe by Mary Roe.''

C. Disposition. The original and required or requested copies of the grading certificate, immediately upon issuance, shall be delivered, mailed, or electronically submitted to the recipient or the recipient's designee. One copy is required to be sent and the recipient may request additional copies. Other copies shall be filed and retained in accordance with the disposition schedule for grading program records.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1122 Minimum Facility and Operating Requirements for Egg Grading and Packing Plants

For grading services that are provided on a resident or temporary basis, QAD 700 Shell Egg Graders Handbook Section 02 through Section 08, revised as of August 30, 2016. This material is incorporated by reference, does not include any later amendments or editions of the incorporate matter, and is on file with the Department at 1688 W. Adams St., Phoenix, AZ 85007. shall apply; and the following minimum facility and operating conditions will be required:

A. Applicants must comply with all applicable Federal, State and local government occupational safety and health regulations.

B. Processing facilities are required to have a documented and implemented Quality Management System that meets Title 21, Part 117 of the U.S. Code of Federal Regulations "Current Good Manufacturing Practice, Hazard Analysis, and Risk-based Preventive Controls for Human Foods", revised as of April 1, 2018. This material is incorporated by reference, does not include any later amendments or editions of the incorporate matter, and is on file with the Department at 1688 W. Adams St., Phoenix, AZ 85007.

C. General requirements for premises, buildings and plant facilities.

1. The outside premises shall be free from refuse, rubbish, waste, unused equipment, and other materials and conditions which constitute a source of odors or a harbor for insects, rodents, and other vermin.

2. The outside premises adjacent to grading, packing, cooler, and storage rooms must be constructed to provide proper drainage to prevent conditions that may constitute a source of odors or propagate insects or rodents.

3. Buildings shall be of sound construction so as to prevent, insofar as practicable, the entrance or harboring of vermin.

4. Grading and packing rooms shall be of sufficient size to permit installation of necessary equipment and conduct grading and packing in a sanitary manner. These rooms shall be kept reasonably clean during grading and packing operations and shall be thoroughly cleaned at the end of each operating day.

5. The floors, walls, ceilings, partitions, and other parts of the grading and packing rooms including benches and platforms shall be constructed of materials that are readily cleanable, maintained in a sanitary condition, and impervious to moisture in areas exposed to cleaning solutions or moist conditions. The floors shall be constructed as to provide proper drainage.

Adequate toilet accommodations that are conveniently located and separated from the grading and packing rooms are to be provided. Handwashing facilities shall be provided with hot and cold running water, an acceptable handwashing detergent, and a sanitary method for drying hands. Toilet rooms shall be ventilated to the outside of the building and be maintained in a clean and sanitary condition. Signs shall be posted in the toilet rooms instructing employees to wash their hands before returning to work. In new or remodeled construction, toilet rooms shall be located in areas that do not open directly into processing rooms.

7. A separate refuse room or a designated area for the accumulation of trash must be provided in plants which do not have a system for the daily removal or destruction of such trash.

Adequate packing and packaging storage areas are to be provided that protect packaging materials and are dry and maintained in a clean and sanitary condition.

D. Grading and packing room requirements.

1. The egg grading or candling area shall be capable of adequate darkening to make possible the accurate quality determination of the candled appearance of eggs. There shall be no light source or reflection of light that interferes with, or prohibits the accurate quality determination of eggs in the grading or candling areas.

2. The grading and candling equipment shall provide adequate light to facilitate quality determinations. When needed, other light sources and equipment or facilities shall be provided to permit the detection and removal of stained and dirty eggs or other undergrade eggs.

3. The grading and candling equipment must be sanitarily designed and constructed to facilitate cleaning. Such equipment shall be kept reasonably clean during grading and packing operations and be thoroughly cleaned at the end of each operating day.

4. Egg weighing equipment shall be constructed of materials to permit cleaning; operated in a clean, sanitary manner; and shall be capable of ready adjustment.

5. Adequate ventilation, heating, and cooling shall be provided where needed.

E. Cooler room requirements.

1. Cooler rooms holding eggs that are identified with a consumer grade shall be refrigerated and capable of maintaining an ambient temperature no greater than 45 °F (7.2 °C).

2. Accurate thermometers shall be provided for monitoring cooler room temperatures.

3. Cooler rooms shall be free from objectionable odors and from mold, and shall be maintained in a sanitary condition.

F. Egg protecting operations.

1. Egg protecting (oil application) operations shall be conducted in a manner to avoid contamination of the product and maximize conservation of its quality.

2. Component equipment within the egg protecting system, including holding tanks and containers, must be sanitarily designed and maintained in a clean and sanitary manner, and the application equipment must provide an adequate amount of oil for shell coverage of the volume of eggs processed.

3. Eggs with excess moisture on the shell shall not be shell protected.

4. Oil having any off odor, or that is obviously contaminated, shall not be used in egg protection operations. Oil is to be filtered prior to application.

5. The component equipment of the application system shall be washed, rinsed, and treated with a bactericidal agent each time the oil is removed.

6. Adequate coverage and protection against dust and dirt shall be provided when the equipment is not in use.

G. Egg cleaning operations.

1. Egg washing equipment must be sanitarily designed, maintained in a clean and sanitary manner, and thoroughly cleaned at the end of each operating day.

Egg drying equipment must be sanitarily designed and maintained in a clean and sanitary manner. Air used for drying purposes must be filtered. These filters shall be cleaned or replaced as needed to maintain a sanitary process.

3. The temperature of the wash water shall be maintained at 90 °F (32.2 °C) or higher, and shall be at least 20 °F (6.7 °C) warmer than the internal temperature of the eggs to be washed. These temperatures shall be maintained throughout the cleaning cycle. Accurate thermometers shall be provided for monitoring wash water temperatures.

4. Approved cleaning compounds shall be used in the wash water.

5. Wash water shall be maintained at a measurable pH level of 11 or higher. Accurate testing equipment shall be provided and accessible to the grader. If continuous monitoring of pH is not possible, the applicant should devise a monitoring system for documenting pH with a frequency that has been validated.

6. Wash water shall be changed approximately every four hours or more often if needed to maintain sanitary conditions, and at the end of each shift. Remedial measures shall be taken to prevent excess foaming during the egg washing operation.

7. Replacement water shall be added continuously to the wash water of washers. Chlorine or quaternary sanitizing rinse water may be used as part of the replacement water, provided, they are compatible with the washing compound. Iodine sanitizing rinse water may not be used as part of the replacement water.

8. Only potable water may be used to wash eggs. Each official plant shall submit certification to the office of grading stating that their water supply is potable. An analysis of the iron content of the water supply, stated in parts per million, is also required. When the iron content exceeds two parts per million, equipment shall be provided to reduce the iron content below the maximum allowed level. Frequency of testing for potability and iron content shall be determined by the Administrator. When the water source is changed, new tests are required.

9. Waste water from the egg washing operation shall be piped directly to drains.

10. The washing, rinsing, and drying operations shall be continuous and shall be completed as rapidly as possible to maximize conservation of the egg's quality and to prevent sweating of eggs. Eggs shall not be allowed to stand or soak in water. Immersion-type washers shall not be used.

11. Prewetting eggs prior to washing may be accomplished by spraying a continuous flow of water over the eggs in a manner which permits the water to drain away or other methods which may be approved by the Administrator. The temperature of the water shall be the same as prescribed in this section.

12. Washed eggs shall be spray-rinsed with water having a temperature equal to, or warmer than, the temperature of the wash water. The spray-rinse water shall contain a sanitizer that has been determined acceptable for the intended use by the supervisor and of not less than 100 PPM nor more than 200 PPM of available chlorine or its equivalent. Alternate procedures, in lieu of a sanitizer rinse, may be approved by the Administrator.

13. Test kits shall be provided and used to determine the strength of the sanitizing solution.

14. During non-processing periods, eggs shall be removed from the washing and rinsing area of the egg washer and from the scanning area whenever there is a buildup of heat that may diminish the quality of the egg.

15. Washed eggs shall be reasonably dry before packaging and packing.

Steam, vapors, or odors originating from the washing and rinsing operation shall be continuously and directly exhausted to the outside of the building.

H. Requirements for eggs officially identified with a grademark.

1. Eggs that are officially identified with an AZDA grademark shall be placed under refrigeration at an ambient temperature no greater than 45 °F (7.2 °C) promptly after packaging.

2. Eggs that are to be officially identified with the AZDA grademark shall be packed only in new packaging materials that are clean, free of mold, mustiness and off odors, or clean and sanitized packaging material designed to be reused, and must be of sufficient strength and durability to adequately protect the eggs during normal distribution. When packed in other than fiber packing material, the containers must be of sound construction and maintained in a reasonably clean manner.

I. Use of approved chemicals and compounds.

1. All egg washing and equipment cleaning compounds, defoamers, destainers, sanitizers, inks, oils, lubricants, or any other compound that comes into contact with the eggs shall be approved by the national supervisor for their specified use and handled in accordance with the manufacturer's instructions.

2. All pesticides, insecticides, and rodenticides shall be approved for their specified use and handled in accordance with the manufacturer's instructions.

J. Marking individual eggs. The marking of individual eggs may be requested by processors as part of a specification requirement or for other marketing purposes.

1. Stamping eggs. Recognizing the difficulty in clearly stamping the rounded surface of an egg, a lot average tolerance of 10-percent for individual eggs with partial, illegible, or no marks in any combination is permitted with no individual case exceeding 20-percent. These tolerances may be applied as a moving average when performing online sampling or as a lot average while performing stationary lot gradings. If more than 50% of the image or letter(s) is missing, the symbol is illegible. Stamped eggs are not classified as stains or dirty. They are to be graded without regard to marking. An official grade cannot be assigned to a mixed lot of eggs that contains individually marked and unmarked eggs. If requested, the lot may be graded for all factors except ink stains. Lot averages may be shown on the certificate. The section "Official Grade and Size" shall state "No AZDA Grade." The following statement shall also be placed in the "Remarks" section: "Lot contains marked and unmarked eggs. Eggs graded for all factors except ink stains." Individual eggs with ink blotches or smears from dating devices are to be classified as stains or dirty, depending on the intensity and/or area of the stain [guidance not clear]. Inks used in marking individual eggs which will be officially graded are to be approved by the Administrator prior to their use. The request for approval should be accompanied with a copy of the ink formula, the name of the product, and the name and address of the manufacturer.

2. Laser etching (marking eggs). The use of a laser etching system to mark information is subject to joint review by the Food and Drug Administration (food safety impact evaluation) and AZDA (quality impact evaluation). Only approved laser etching systems may be used to identify eggs to be officially graded and identified with an AZDA grademark. The amount of the shell surface available for laser etching and the information etched on the shell is subject to review by the resident grader and the supervisor. The information etched on the shell must not interfere with the graders ability to evaluate the quality attributes of the egg.

3. When an individual egg is marked, whether an applied ink or laser etched, the information must be consistent with the information on the label, for example, any marketing claims, production code, or packer identity. If this information is not consistent throughout the lot, the eggs are not eligible to be identified with an AZDA grademark.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1123 Health and Hygiene of Personnel

A. No person known to be affected by a communicable or infectious disease shall be permitted to come in contact with the product.

B. Plant personnel coming into contact with the product shall wear clean clothing.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1124 Use of the "Produced From" Labeling

A. Use of the wording "Produced From" in conjunction with the AZDA grademark, is limited to products derived from AZDA Grade AA or Grade A eggs for which there are no U.S. grade standards (e.g., pasteurized eggs or hard-cooked eggs). The following guidelines are to be used when monitoring the official grade identification of these types of products.

1. Approval. Applicants interested in utilizing the "Produced From" labeling must submit a written proposal to the Administrator. The proposal is to include the type(s) of product to be labeled and the applicant's plan for controlling the use and labeling of officially identified product. After review by the supervisor, the supervisor is to forward the request to the Administrator for final review and approval. Upon approval, the supervisor is to reconfirm all of the requirements with the applicant prior to any actual grade identification.

2. Verification visits. To assure that only officially graded eggs are being used, the processing, packing, and packaging must be closely monitored. Each verification visit shall include a review of records, product inventory, processing procedures, packing, packaging, storage, and shipping practices to confirm that the applicant is following the protocol outlined in their approved plan. In plants with resident service, the supervisor or Administrator is to be present during the initial production period to monitor the process and verify compliance. The grader will conduct all subsequent monitoring and verification activities with oversight from the supervisor. In temporary or fee locations, plant management must notify the supervisor each time the "produced from" labeling will be used or, alternatively, provide the supervisor with a projected production schedule. At these locations, compliance will be based on the applicant's established history of compliance as outlined in the following schedule:

a. Level 1 - The supervisor or administrator is to monitor and verify the process on the initial day of production. The supervisor or a grader will conduct subsequent visits. At least one additional verification visit is to be conducted during the next 10 production days. If no discrepancies are noted, one visit is to be conducted for each 30 days of production until three consecutive satisfactory visits have been completed. Once this verification period has ended without any noted program non-conformance, monitoring may proceed to Level 2.

b. Level 2 - supervisor or a grader is to conduct quarterly verification visits provided the applicant continues to meet all program requirements. If any nonconformance is noted during these visits, monitoring reverts back to Level 1. Misuse of the labeling will result in cancellation of the approval.

B. Recordkeeping. Recipients shall maintain, and make available for review, all invoices or applicable Grading Certificates covering product received, produced, and shipped. At a minimum, these records must include the name and address of original packer, amount received, quantity produced, brand names, lot numbers, quantity shipped and name and address of receivers. Records must be maintained for two years.

C. Cost. There will be no additional charge to resident plants when graders monitor product labeling during their normal grading activities. When graded product is shipped from official plants to other processing locations for re-packaging that are not under continuous AZDA supervision, time and expenses associated in conducting the verification visits will be charged to the recipient at the current Temporary grading and auditing service rate.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Ariz. Admin. Code § R3-2-1125 Specification Grading

A. Applicants may request for additional specifications to be certified that exceed the standards of this chapter. The requested specifications must be submitted in writing to the administrator for approval. The approving official will review the information for approval or advise the applicant of the reason or reasons for disapproval. If the specification is approved, a letter enclosing a copy of the approved application and specification will be returned to the applicant with a request to provide copies of the specification to each supplier and applicable AZDA grader. Each page of the approved specification will have an approval stamp bearing the date of approval and the signature of the approving official. Additionally, each page will be sequentially numbered such as page 1 of 5, page 2 of 5, etc.

B. Plant management is responsible for advising graders when they are preparing to pack eggs in accordance with an approved specification. However, each grader must be familiar with the approved specification list and, to the extent practically possible, be aware when products with approved specifications are being packed at the duty location. When a plant packs product requiring compliance with an approved specification, the grader shall obtain a copy of the specification from plant management and assure that all provisions of the specification are met. As applicable, product that meets specification requirements will be identified in accordance with procedures outlined in the approved specification. When the specification requires the issuance of a grading certificate, the following statement is to be placed in the remarks section of the certificate: "Product covered by this certificate meets specification requirements for _______."

History

• Adopted by final exempt rulemaking at 26 A.A.R. 916, effective 4/9/2020.

Article 12 ACQUISITION AND USE OF SODIUM PENTOBARBITAL AND DERIVATIVES BY UNLICENSED INDIVIDUALS IN ANIMAL SHELTERS

Ariz. Admin. Code § R3-2-1201 Definitions

1. "Agreement" shall refer to a contract signed by the responsible person and the State Veterinarian whereby the responsible person has met all requirements set forth in Section R3-2-1202 . The agreement remains in effect until the expiration of the DEA registration or a change in employment status of the responsible person with the animal shelter.

"Approved curriculum" means any euthanasia-training curriculum approved by the AVMA or the State Veterinarian of Arizona.

3. "Authorized employee" means an unlicensed individual who is authorized to euthanize animals, takes direction from a responsible person or a licensed person, and has obtained State-Veterinarian-approved training in the use and handling of controlled substances as set forth in this Article.

4. "AVMA" means the American Veterinary Medical Association.

5. "AVMA Guidelines for the Euthanasia of Animals: 2020 Edition" means that specific edition of guidelines and does not include any later amendments or editions of the incorporated material, and is on file with the Department.

6. "Controlled Substances Act" refers to 21 U.S.C.A. § 801, et seq.

7. "Controlling person" means the natural person who exercises legal ownership, control, or designated leadership of a shelter.

8. "DEA" refers to the federal Drug Enforcement Agency.

"Licensed person" means a veterinarian licensed by the Arizona Veterinary Medical Examining Board, who is exempt from the euthanasia training requirements.

10. "Responsible person" means an unlicensed individual who meets the requirements of R3-2-1202, who is employed by the shelter, and who in the absence of a licensed person, has agreed to supervise the acquisition, storage, administration, and recordkeeping of the controlled substances in accordance with the Controlled Substances Act and this Article.

11. "Shelter" means an animal care and control shelter operated by any town, city, county or the state, including privately operated animal shelters that are utilized by a town, city, county or the state.

12. "State Veterinarian" means the person appointed as the State Veterinarian under A.R.S. § 3-1211.

History

• New Section made by final rulemaking at 29 A.A.R. 1327, effective 7/8/2023.

Ariz. Admin. Code § R3-2-1202 General Provisions

A. Euthanasia of animals shall be done in compliance with the provisions of this Article and in accordance with procedures established under A.R.S. § 11-1021 by the local governing body.

B. Any shelter that does not employ a licensed supervisory veterinarian may apply for a DEA controlled-substances registration for each physical location in order to administer euthanasia. DEA will only grant the registration if the shelter is approved by, and meets the standards of, the State Veterinarian, as follows:

1. The responsible person is formally designated by the controlling person of the shelter as the individual responsible to obtain and manage controlled substances on behalf of the shelter;

2. The responsible person must successfully complete an approved euthanasia training course;

3. The responsible person and the State Veterinarian must execute an agreement obligating the responsible person to comply with this Article;

4. The responsible person is 21 years of age or older; and

5. The responsible person shall provide three professional references to the State Veterinarian to demonstrate professionalism and good moral character.

C. Duties and responsibilities of the responsible person are to:

1. Abide by all local, state, and federal laws and regulations pertaining to the operation of a shelter, including those laws and regulations governing possession and use of controlled substances.

2. Ensure that any authorized employee who administers euthanasia complies with the American Veterinary Medical Association (AVMA) Guidelines for the Euthanasia of Animals: 2020 Edition.

3. Ensure that any authorized employee who administers euthanasia has successfully completed a curriculum of euthanasia training approved by the State Veterinarian.

D. Prior to the expiration of the current DEA registration, the responsible person shall submit an application to the State Veterinarian at least 45 days prior to that expiration, requesting re-approval of the shelter according to the requirements of this Article. The State Veterinarian approval shall run concurrently with the DEA registration, except as indicated in subsection (E).

E. The shelter shall inform the State Veterinarian within 14 days of a change in:

Ownership or controlling person;

Location;

3. Responsible person; or

4. Expiration or termination of an agreement or contract between a town, city, county or state utilizing the services of a privately operated shelter or shelters.

F. Upon a change listed in subsection (E), the controlling person shall file an application with the State Veterinarian, requesting reapproval of the shelter according to the requirements of this Article. The existing agreement terminates upon the date of the change, and the shelter shall not administer any controlled substances until the State Veterinarian approves the new application and a new DEA registration is obtained.

History

• New Section made by final rulemaking at 29 A.A.R. 1327, effective 7/8/2023.

Ariz. Admin. Code § R3-2-1203 Requirements of Euthanasia Approved Curriculum; Recordkeeping; Inspection

A. The following organizations offer approved euthanasia courses: The American Humane Association; The National Animal Care and Control Association; Companion Animal Euthanasia Training Academy. The State Veterinarian reserves the right to approve or withdraw the approval of curricula at any time. Approved curriculum training shall include an instructional section and a practical exam showing skill competency; and shall include, but not be limited to, the following topics:

1. Anatomy;

2. Personnel safety, controlled substance diversion, and compassion fatigue;

3. Controlled substance handling and mechanism of action;

4. Humane methods of handling and euthanasia of domestic animals;

5. Methods to ensure barriers between animals during euthanasia;

6. Concepts particular to euthanasia of wild or feral animals;

7. Administering pre-euthanasia sedatives;

8. Verification of death; and

9. Acceptable methods of disposal of animal remains and euthanasia supplies.

B. The responsible person shall keep records of all euthanasia-related activities including, but not limited to:

1. Identification of animals euthanized;

2. Reason for euthanasia;

3. Method of euthanasia;

4. Adverse events; and

5. All recordkeeping required by the Controlled Substances Act.

C. A shelter is subject to periodic random inspection by the Office of the State Veterinarian. Upon request by the Office of the State Veterinarian, the responsible person or controlling person shall immediately produce records.

D. Following an audit or inspection, if evidence exists of noncompliance with the above standards, the State Veterinarian reserves the right to modify the agreement. The State Veterinarian may also terminate the agreement, and notify the DEA that the shelter has lost approval by the State Veterinarian to administer euthanasia by unlicensed individuals.

History

• New Section made by final rulemaking at 29 A.A.R. 1327, effective 7/8/2023.

Chapter 3 DEPARTMENT OF AGRICULTURE - ENVIRONMENTAL SERVICES DIVISION

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R3-3-101 Definitions

In addition to the definitions in A.R.S. §§ 3-341 and 3-361, the following terms apply to this Chapter:

"Acute toxicity" means adverse physiological effects that result from a single dose or single exposure to a chemical; or any poisonous effect produced by a single dose or single exposure to a chemical within a short period of time, usually less than 96 hours.

"ADEQ" means the Arizona Department of Environmental Quality

"Adulterate" means to change a pesticide so that:

Its strength or purity falls below the standard of quality stated on the labeling under which it is sold,

Any substance has been substituted wholly or in part for the pesticide, or

Any constituent of the pesticide has been wholly or in part abstracted.

"Agricultural aircraft pilot" or "AAP" means any individual who pilots an agricultural aircraft to apply a pesticide.

"Agricultural commodity" means any plant, animal, plant product, or animal product produced for commercial or research purposes.

"Agricultural establishment" means any farm, ranch, forest, nursery, or greenhouse.

"Agricultural purpose" means use of a pesticide on an agricultural commodity. It excludes the sale or use of pesticides, in properly labeled packages or containers, for either home use, or use in swimming pools or spas.

"Agricultural use pesticide" means a pesticide product bearing a label requiring compliance with the Worker Protection Standard, and as prescribed by the agricultural use requirements on the label.

"Aircraft" means any mechanism used in flight.

"ALJ" means, according to A.R.S. § 41-1092, an individual or the Director who sits as an administrative law judge, who conducts administrative hearings in a contested case or an appealable agency action, and who makes decisions regarding the contested case or appealable agency action.

"Animal" means all vertebrate and invertebrate species, including, but not limited to, humans and other mammals, birds, fish and shellfish. A.R.S. § 3-341(3)

"Application site" means the specific location, crop, object, field, or other area to which a pesticide is or is intended to be applied.

"Applicator" means any individual who applies, or causes to have applied, any pesticide on an agricultural establishment or golf course.

"Associate Director" means the Associate Director of the Environmental Services Division.

"Authorized activities" means, for compliance with A.R.S. § 3-365(D), any organized activities scheduled at a school or child care facility that use the school or child care facility or the school or child care grounds and for which the sponsors or organizers of the activity have received the written approval of a responsible administrative official of the school or child care facility.

"Buffer zone" means an area of land that allows pesticide deposition and residues to decline to a level that poses a reasonable certainty of no harm to a defined area.

"Bulk release" means the release of any pesticide or mixture of pesticides that poses a potential risk to property, human health, or the environment in volumes greater than those prescribed by the pesticide label for the application site. A pesticide dripping from a spray nozzle or minor splashing during mixing is not a bulk release.

"Certification plan" means an EPA authorized plan under 40 CFR § 171.303 (82 FR 1042, January 4, 2017, https://www.ecfr.gov/cur-rent/title-40/chapter-I/subchapter-E/part-171/subpart-D/section-171.303) for the certification of pesticide applicators to comply with the provisions of FIFRA. This material is incorporated by reference, on file with the Department, and does not include any later amendments or editions.

"Certified applicator" means any individual who is certified by the Department to use or supervise the use of any restricted use pesticide as a private, golf or commercial applicator.

"CEU" means continuing education unit.

"Child care facility" means any facility in which child care is regularly provided for compensation for five or more children not related to the proprietor and is licensed as a child care facility by the Arizona Department of Health Services. A.R.S. § 36-881(3). Child care facilities are commonly known as day care centers.

"Commercial applicator" or "PUC" means a certified applicator (whether or not the applicator is a private applicator with respect to some uses) who uses or supervises the use of a restricted use pesticide for any purpose or on any property other than for producing an agricultural commodity on property owned or controlled by:

The applicator;

The applicator's employer; or

Another person, if the application is performed without compensation, other than trading of personal services between producers of agricultural commodities.

"Contamination" means a concentration of pesticide sufficient to violate state or federal water, soil, food, feed, or air contamination standards, except if legally applied.

"Continued pesticide application" means the continuance of an interrupted application of the same pesticide to the same application site within the same section, township, and range within the same reporting period.

"Custom application equipment" means aircraft, drones, remote-controlled equipment, and ground equipment used for pesticide application by a custom applicator.

"Custom applicator" or "CAL" means any person, except a person regulated by the PMD, who applies pesticides for hire, by drone, or by aircraft.

"Defoliation" means killing or artificially accelerating the drying of plant tissue with or without causing abscission.

"Device" means any instrument or contrivance that is intended to be used for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life, other than a human being and a bacterium, virus, or other microorganism on or in a living human being or other living animal. Device does not include firearms, mechanical traps, or equipment used for the application of pesticides if the application equipment is sold separately.

"Diluent" means any substance added to a pesticide before application to reduce the concentration of the active ingredient in the mixture.

"Direct release" means to apply a pesticide outside the boundaries of an application site, at the time of application, while the valve controlling the normal flow of pesticide from the application device is in the open position and the application device is not within the confines of the application site. Direct release does not mean the drift or discharge of a pesticide caused by a mechanical malfunction of the application device that is beyond the control of the operator. Direct release does not mean a release caused by accident, or done to avoid an accident that would have resulted in greater harm than that caused by the pesticide release.

"Disposal" means discarding a pesticide or pesticide container that results in the deposit, dumping, burning, or placing of the container or unused pesticide on land or into the air or water.

"Drift" means the physical movement of pesticide through the air at the time of a pesticide application from the application site to any area outside the boundaries of the application site. Drift does not include movement of a pesticide or associated degradation compounds to any area outside the boundaries of an application site if the movement is caused by erosion, run off, migration, volatility, or windblown soil particles that occur after application, unless specifically addressed on the pesticide label with respect to drift control requirements.

"Drone" means a remote-controlled pilotless aircraft or small flying device used to apply pesticides.

"Drone Pilot License" or "DPL" means any individual who pilots a drone to apply a pesticide.

"EPA" means the United States Environmental Protection Agency.

"Experimental use permit" means a permit issued by the EPA, or the Department according to A.R.S. § 3-350.01, to a person for the purpose of experimentation, which includes the accumulation of information necessary for the registration of a pesticide.

"Exposure" means the inhalation or ingestion of a pesticide, or eye or skin contact with a pesticide.

"Family member" means spouse, child, sibling, parent, grandparent, grandchild, stepparent, or stepchild.

"FAA" means the Federal Aviation Administration

"FFDCA" means the Federal Food, Drug and Cosmetic Act, as amended.

"FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. § § 136 et seq. (as amended P.L. 117"" 328, December 29, 2022, https://www.govinfo.gov/content/pkg/COMPS-10326/uslm/COMPS-10326.xml). This material is incorporated by reference throughout the Chapter, is on file with the Department and includes no later amendments or editions.

"Fumigant" means a substance or mixture of substances that produces gas vapor or smoke intended to control a pest in stored agricultural commodities or to control burrowing rodents.

"Golf applicator" or "PUG" means an applicator who uses or supervises the use of a restricted use pesticide for the maintenance of the ornamental and turf areas of the golf course that is owned or controlled by the applicator or the applicator's employer.

"Handler" means any person, including a self-employed person:

Who is employed for any type of compensation by an agricultural establishment or commercial pesticide handling establishment to which this Article applies and who is:

Mixing, loading, transferring, or applying pesticides.

Disposing of pesticides or pesticide containers.

Handling opened containers of pesticides.

Acting as a flagger.

Cleaning, adjusting, handling, or repairing the parts of mixing, loading, or application equipment that may contain pesticide residues.

Assisting with the application of pesticides.

Entering a greenhouse or other enclosed area after the application and before the inhalation exposure level listed in the labeling has been reached or one of the ventilation criteria established under 40 CFR § 170.110(c)(3) of the Worker Protection Standard (August 21, 1992, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170/subpart-B/section-170.110) The incorporated reference is on file with the Department and does not include any later amendments or editions, or in the labeling has been met:

To operate ventilation equipment.

To adjust or remove coverings used in fumigation.

To monitor air levels.

Entering a treated area outdoors after application of any soil fumigant to adjust or remove soil coverings such as tarpaulins. Performing tasks as a crop advisor:

During any pesticide application.

Before the inhalation exposure level listed in the labeling has been reached or one of the ventilation criteria established under 40 CFR § 170.110(c)(3) of the Worker Protection Standard (August 21, 1992, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170/subpart-B/section-170.110), or in the labeling has been met. The incorporated reference is on file with the Department and does not include any later amendments or editions.

During any restricted-entry interval.

The term does not include any person who is only handling pesticide containers that have been emptied or cleaned according to pesticide product labeling instructions or, in the absence of such instructions, have been subjected to triple-rinsing or its equivalent.

"Health care institution" means any institution that provides medical services, nursing services, health screening services, and other health-related services, and is licensed by the Arizona Department of Health Services.

"Highly toxic pesticide" means a pesticide with an acute oral LD₅₀ of 50 milligrams per kilogram of body weight or less, dermal LD₅₀ of 200 milligrams per kilogram of body weight or less, or inhalation LD₅₀ of 0.2 milligrams per liter of air or less, and the label bears the signal words "danger" and "poison" and shows a skull and crossbones.

"Immediate family" includes only spouse, children, stepchildren, foster children, parents, stepparents, foster parents, brothers, and sisters.

"Individual" means a human being.

"Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six-legged, usually winged forms, as for example, beetles, bugs, bees, and flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as for example, spiders, mites, ticks, centipedes and wood lice. A.R.S. § 3-341(14)

"Integrated Pest Management" or "IPM" means a sustainable approach to managing pests that uses any combination of biological, chemical, cultural, genetic, manual, or mechanical tools or techniques in a way that minimizes health, environmental, and economic risks.

"Label" means the written, printed or graphic matter on, or attached to, the pesticide or device, or the immediate container thereof, and the outside container or wrapper of the retail package, if there is any, of the pesticide or device. A.R.S. § 3-341(15)

"Labeling" means all labels and other written, printed or graphic matter:

Upon the pesticide or device or any of its containers or wrappers.

Accompanying the pesticide or device at any time.

To which reference is made on the label or in literature accompanying the pesticide or device, except when accurate, non-misleading reference is made to current official publications of the United States departments of agriculture or interior, the United States public health service, state experiment stations, state agricultural colleges or other similar federal institutions or official agencies of the state or other states authorized by law to conduct research in the field of pesticides. A.R.S. § 3-341(16) .

"LD₅₀" means a statistically derived estimate of a single dose of pesticide that can be expected to cause death in 50 percent of laboratory test animals as determined by an EPA approved procedure. The LD50 value is expressed in terms of weight of test substance per unit weight of the test animal (mg/kg)

"Livestock" means clovenhoofed animals, horses, mules, or asses.

"OPM" means the Office of Pest Management.

"PCA" or "agricultural pest control advisor" means any individual who, as a requirement of, or incidental to, the individual's employment or occupation:

Offers a written recommendation to a regulated grower or to any public or private agency concerning the control of any agricultural pest,

Claims to be an authority or general advisor on any agricultural pest or pest condition, or

Claims to be an authority or general advisor to a regulated grower on any agricultural pest.

"Person" means any individual, partnership, association, corporation or organized group of persons whether incorporated or not. A.R.S. § 3-341(19)

"Pest" means:

Any weed, insect, vertebrate pest, nematode, fungus, virus, bacteria or other pathogenic organisms.

Any other form of terrestrial or aquatic plant or animal life, except virus, bacteria or other microorganism on or in living humans or other living animals, which the director declares to be a pest for the purpose of enforcement of this Article. A.R.S. § 3-341(20) (b)

"Pesticide" means any substance or mixture of substances intended to be used for defoliating plants or for preventing, destroying, repelling or mitigating insects, fungi, bacteria, weeds, rodents, predatory animals or any form of plant or animal life which is, or which the director may declare to be, a pest which may infest or be detrimental to vegetation, humans, animals or households or which may be present in any environment. A.R.S. § 3-361(6)

"Pesticide container" means any container with an interior surface that is in direct contact with a pesticide.

"Pesticide Grower Permit" or "PGP" means a permit issued by the Department that allows a qualifying person to act as a regulated grower.

"Pesticide use" means the sale, processing, storing, transporting, handling or applying of a pesticide and disposal of pesticide containers. A.R.S. § 3-361(7)

"PMD" means the Pest Management Division of the Arizona Department of Agriculture.

"Private applicator" or "PUP" means a certified applicator who uses or supervises the use of a restricted use pesticide for producing an agricultural commodity on property owned or controlled by:

The applicator;

The applicator's employer; or

Another person, if the pesticide is applied without compensation, other than trading of personal services between producers of agricultural commodities.

"Property boundary" means the legal boundary of the land on which a child care facility, health care institution, residence, or school sits, unless another boundary is established by a written agreement with the owner of the child care facility, health care institution, residence, or school. Under a written agreement, the parties shall not establish a boundary that is less than ten feet from the child care facility, health care institution, residence, or school.

"Ready-to-use" means a registered pesticide, in the manufacturer's original container, that does not require dilution by the end user. "Regulated grower" means a person who acquires or purchases pesticides or contracts for the application of pesticides to agricultural commodities, onto an agricultural establishment, or onto a golf course as a part of the person's normal course of employment or activity as an owner, lessee, sublessee, sharecropper, or manager of the land to which the pesticide is applied.

"Reporting period" means no later than the Thursday following the calendar week in which an application is completed.

"Residence" means a dwelling place where one or more individuals are living.

"Responsible individual" means an individual at a seller's location who is a certified applicator or is licensed as a PCA in Arizona by the Department, that has demonstrated competency in safe pesticide handling, and is aware they are designated by the seller under R3-3-203.

"Restricted use pesticide" means a pesticide classified as such by the EPA. A.R.S. § 3-361(8).

"School" means a public institution established for the purposes of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of grades one through twelve. A.R.S. § 15-101(19). School includes a private institution with membership in the North Central Association of Colleges and Schools serving students in kindergarten programs or any combination of grades one through twelve.

"Seller" means any person selling or offering for sale a restricted use pesticide or other type of pesticide intended to be used for an agricultural purpose.

"Service container" means a container used to temporarily hold, store, or transport a pesticide concentrate or a registered, ready-to-use pesticide other than the original labeled container, measuring device, or application device.

"Service container" means a container filled with a pesticide by an applicator and is transported to an application site where the pesticide will be applied. A service container is not intended to be used as a container for the sale or distribution of a pesticide, and is not intended for the long-term storage of a pesticide, except for cases of an emergency where the integrity of the original packaging of a pesticide is compromised that would lead to a bulk release of a pesticide.

"Small scale test" means a test using a pesticide on land or water acreage as described at 40 CFR § 172.3(c)(1) or (2) (59 FR 45611, Sept. 1, 1994, as amended at 71 FR 35546, June 21, 2006; 73 FR 75599, Dec. 12, 2008, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172/subpart-A/section-172.3). This material is incorporated by reference, on file with the Department, and does not include any later amendments or editions.

"Spot application" means a treatment in an area other than a greenhouse or nursery operation that is restricted to an area of an application site that is less than the entire application site.

"Tag" means a custom application equipment license issued by the Department to a custom applicator licensee.

"Triple rinse" means to flush out a container at least three times, each time using a volume of water, or other diluent as specified on the label, equal to a minimum of 10 percent of the container's capacity or a procedure allowed by the label that produces equivalent or better results.

"Unreasonable adverse effect" means any unreasonable risk to a human being or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, or a human dietary risk from residues that result from a use of a pesticide in or on any food as documented by the Department through its investigation.

"Weed" means any plant which grows where not wanted. A.R.S. § 3-341(24)

"Worker Protection Standard" or "WPS" means the regulations as prescribed in 40 CFR §§ 170.1 et seq., excluding 40 CFR §§ 170.401(c)(4) and 170.501(c)(4) (as amended October 30, 2020, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170). This material is incorporated by reference, on file with the Department and does not include any later amendments of editions.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-101 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by exempt rulemaking at 19 A.A.R. 3130, effective September 16, 2013. Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-102 Licensing Time-frames

A. Overall time-frame. The Department shall issue or deny a license within the overall time-frames listed in Table 1 after receipt of the complete application. The overall time-frame is the total of the number of days provided for the administrative completeness review and the substantive review.

B. Administrative completeness review.

1. The administrative completeness review time-frame established in Table 1 begins on the date the Department receives the application. The Department shall notify the applicant in writing within the administrative completeness review time-frame whether the application or request is incomplete. The notice shall specify what information is missing. If the Department does not provide notice to the applicant within the administrative completeness review time-frame, the Department considers the application complete.

2. An applicant with an incomplete license application shall supply the missing information within the completion request period established in Table 1. The administrative completeness review time-frame is suspended from the date the Department mails the notice of missing information to the applicant until the date the Department receives the information.

3. If the applicant fails to submit the missing information before the expiration of the completion request period, the Department shall close the file, unless the applicant requests an extension. An applicant whose file has been closed may obtain a license by submitting a new application.

C. Substantive review. The substantive review time-frame established in Table 1 shall begin after the application is administratively complete.

1. If the Department makes a comprehensive written request for additional information, the applicant shall submit the additional information identified by the request within the additional information period provided in Table 1. The substantive review time-frame is suspended from the date of the Department request until the information is received by the Department. If the applicant fails to provide the information identified in the written request within the additional information period, the Department shall deny the license.

2. The Department shall issue a written notice granting or denying a license within the substantive review time-frame. If the application is denied, the Department shall send the applicant written notice explaining the reason for the denial with citations to supporting statutes or rules, the applicant's right to seek a fair hearing, and the time period in which the applicant may appeal the denial.

History

• Adopted effective October 8, 1998 (Supp. 98-4).

Article 2 PERMITS, LICENSES, AND CERTIFICATION

Ariz. Admin. Code § R3-3-200 General; Applications; Renewals; Fees; Examinations; Exemptions

A. An applicant for certification, license or permit shall submit the appropriate completed application to the Department accompanied by the appropriate fee prescribed in the table following, for each year or portion of the year during which the certification, license or permit is valid.

| License | Administrative Rule | Fee | | --- | --- | --- | | Pesticide Grower Permit (PGP) | R3-3-201 | $20 per year | | Pesticide Seller Permit (PSP) | R3-3-203 | $100 per year | | Agriculture Aircraft Pilot License (AAP) | R3-3-204 | $50 per year | | Drone Pilot License (DPL) | R3-3-204 | $50 per year | | Custom Applicator License (CAL) | R3-3-208(E) | $100 per year | | Agriculture Pest Control Advisor (PCA) | R3-4-207 | $50 per year | | Certified Applicator (PUP, PUC & PUG) | R3-3-208 | $50 per year |

B. Applicants for a PGP, PSP, AAP, DPL, CAL, PCA or Certified Applicator are not transferable, and expire on December 31.

C. Certifications, Licenses, or Permits are:

1. Valid for the year issued for new Certified Applicator or PCA applicants, except for those issued between October 1 and December 31 which are valid until December 31 of the next calendar year;

2. Valid for one or two years, for all other applicants depending on the renewal period selected by the applicant; and

3. Renewed for all categories of certification for the same renewal period.

D. Education and CEU Requirements.

1. Prior to submitting a new application for a PCA license, applicants shall complete the educational requirements according to R3-3-207.

2. Prior to submitting a renewal application for a PCA license or certified applicator, applicants shall complete any CEU requirements pertinent to the category or categories in which renewal is being applied for.

3. It is the applicant's responsibility to take CEUs pertinent to the category or categories for which the applicant is seeking to renew certification.

4. The Department may screen renewal applications to ensure the CEU courses taken by the applicant are pertinent to the category or categories for which the applicant is seeking to renew licensure.

E. Examinations. In addition to the specific requirements found in R3-3-203 through R3-3-208, the following general provisions apply to this Article:

1. The Department shall administer examinations required under this Article by appointment at every Environmental Services office.

2. An applicant shall demonstrate knowledge and understanding by scoring at least 75 percent on a written examination for each examination taken under this Article.

3. An individual who fails an examination may retake it no more than two times in a six-month period and shall not retake an examination until at least seven days have elapsed from the date of the last examination.

4. The Director may deny a certification or license after an opportunity for an administrative hearing is given, for any individual who is found cheating during the examination process and shall be prohibited from re-taking any examination required under this Article for no less than one year.

5. The Director may revoke a certification or license after an opportunity for an administrative hearing is given, for an individual who is found cheating on an examination and shall be prohibited from re-taking any examination required under this Article for no less than one year.

6. Cheating includes one or more of the following:

a. Computer or mobile device usage to search for answers to exam questions or to copy exam questions;

b. Use of copied exam answers in any form; or

c. Any other means in which the answers to the exam questions are obtained without using the knowledge of the exam taker.

F. Renewal; expired license or certification.

1. An applicant may renew an expired license without retaking the written examinations under R3-3-207 provided the applicant:

a. Within the licensing period, complies with the CEU requirements in R3-3-207;

b. Submits a completed application within 11 months after the expiration date of the license;

c. Does not provide any pest control-related service from the date the license expired until the date the renewal is effective;

d. Pays the license fee plus a $10 late fee for each month the certification has been expired, with the late fee not exceeding $110 (11 months); and

e. Obtains the required CEU's while the license is active.

2. An applicant may renew an expired certification without retaking the written examinations under R3-3-208 provided the applicant:

a. Has satisfied the CEU requirements in R3-3-208(E)(3), within the current certification period;

b. Submits a completed renewal application within 11 months after the expiration date;

c. Does not provide any pesticide-related service from the date the certification expired until the date the renewal is effective;

d. Pays the renewal fee plus a $10 late fee for each month, with the penalty not to exceed $110 (11 months); and

e. Obtains the required CEU's while the certification is current.

3. Applicants with expired certifications greater than 11 months shall complete the requirements for initial certification, including retaking and passing the applicable written examinations prescribed in this Section.

4. Notwithstanding R3-3-200 (F)(1) or (2), in addition to any penalties or fines imposed for committing a violation according to Section R3-3-502(C)(1) or (G)(4), for operating with an expired license or certification, the applicant shall take any written examinations required to renew a PCA license or Certified Applicator.

G. License and Fee Exemptions

1. A person who applies pesticides in buildings or for structural pest control purposes is not required to apply for or possess any license or certification from the Department under this Article.

2. A person who sells, offers for sale, delivers, or offers for delivery a general use pesticide, to be used for private, noncommercial use in or around the home or a person who sells general use pesticides for swimming pool or spa maintenance is not required to apply for or possess a seller's permit from the Department.

3. A state, federal, tribal, or other governmental employee, who makes pest control recommendations or applies or supervises the use of restricted use pesticides while engaged in the performance of official duties shall meet the requirements of this Article, but is not required to pay a fee for any agricultural license, certification, or permit under this Article when used solely for work related purposes.

4. A person who only furnishes information concerning label requirements governing a registered pesticide is not required to apply for or possess a PCA license from the Department.

History

• Adopted by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-201 Pesticide Grower Permit (PGP)

In addition to the provisions found under R3-3-200, the following apply to this Section.

A. A regulated grower shall not order, purchase, take delivery of, use, or recommend the use of any pesticide for an agricultural purpose or golf course without a valid Pesticide grower permit (PGP), issued by the Department.

B. A person applying for a PGP, initial or renewal, shall provide the following information on a form obtained from the Department:

1. Name and signature of the applicant;

2. Date of the permit application;

3. Name, address, e-mail address, if applicable, and daytime telephone number of the company or agricultural establishment where the applicant may be reached;

4. Permit renewal period;

5. Sections, townships, ranges, and acres of the land where pesticides may be applied;

6. The names and certification numbers of certified private or golf applicators, or commercial applicators acting as private applicators, who are employed by the PGP; and

7. For individual applicants, information and documentation concerning lawful presence required under ARS § 41-1080, if not on file.

C. The applicant shall submit the completed application to the Department accompanied by a $20 fee for each year or portion of the year during which the permit is valid.

D. A regulated grower permit is not transferable, expires on December 31, and is valid for one or two years depending on the renewal period selected by the applicant.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by exempt rulemaking at 19 A.A.R. 3130, effective September 16, 2013. Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-202 [Repealed]

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-201 (Supp. 91-4). Former Section R3-3-202 renumbered to R3-3-203; new R3-3-202 made by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by exempt rulemaking at 19 A.A.R. 3130, effective September 16, 2013. Repealed by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-203 Pesticide Seller Permit (PSP); Responsible Individual

In addition to the provisions found under R3-3-200, the following apply to this Section.

A. A person shall not act as a Pesticide seller without a valid Pesticide Seller Permit (PSP), issued by the Department.

B. A seller shall obtain a PSP for each physical location where the seller sells or offers for sale any restricted use pesticide or agricultural use pesticide.

C. A person applying for a PSP, initial or renewal, shall provide the following information on a form obtained from the Department:

1. Name and signature of the responsible individual, and certification or license number;

2. Date of the permit application;

3. Name, physical address, mailing address, e-mail address, if applicable, and daytime telephone number of the location selling a restricted use pesticide or a pesticide for an agricultural purpose;

4. Permit renewal period;

5. Name, e-mail address, and daytime telephone number of the Arizona contact for each out-of-state seller, if applicable;

6. Address where records required to be maintained under R3-3-401 will be kept;

7. Whether the applicant has had a similar license, permit, or certification revoked, suspended, or denied in this or any other jurisdiction during the three years before the date of application; and

8. The current seller permit number, if applicable.

D. The Department shall not renew a seller permit unless the seller is in compliance with the provisions established in subsection (E), if applicable.

E. A seller permit is not transferable, expires on December 31, and is valid for one or two years, depending on the permit renewal period selected by the applicant. The Department shall not renew a seller permit unless the seller is in compliance with the provisions established in subsection (F), if applicable.

F. E. A seller shall designate a different responsible individual for each physical location in this state that sells or offers for sale any restricted use pesticide or agricultural use pesticide. If a responsible individual terminates employment at an assigned location, the seller shall designate another responsible individual within 30 calendar days and notify the Department of the replacement.

1. If a responsible individual terminates employment at an assigned location, the seller shall designate another responsible individual within 30 calendar days and notify the Department of the replacement.

2. For a responsible individual who is not a commercial applicator or a PCA:

a. The core examination expires December 31, unless the initial examination is passed in the last quarter of a calendar year, in which case the expiration is December 31 of the following year; and

b. The responsible individual shall retake and pass the core examination every year, unless the responsible individual completes three CEUs annually before the renewal date.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-203 (Supp. 91-4). Former Section R3-3-203 renumbered to R3-3-204; new R3-3-203 renumbered from R3-3-202 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-204 Agricultural Aircraft Pilot License (AAP); Drone Pilot License (DPL)

In addition to the provisions found under R3-3-200, the following apply to this Section.

A. An individual shall not act as an agricultural aircraft pilot or drone pilot without:

1. A valid agricultural aircraft pilot license (AAP) for aircraft pilots, or drone pilot license (DPL) for drone, issued under this Section, and

If application work will be done for hire or exchange of services, a valid commercial applicator certification issued under R3-3-208.

B. The Department shall not issue or renew an AAP or DPL, and an existing AAP or DPL is invalid unless the applicant or license holder:

1. has a valid commercial pilot's certificate issued by the FAA as prescribed under 14 CFR §§ 137.1 et seq. (amended March 5, 2018, https://www.ecfr.gov/current/title-14/chap-ter-I/subchapter-G/part-137). This material is incorporated by reference, is on file with the Department and does not include any later amendments or editions; or

2. has a valid drone pilot's certificate for a DPL that has been issued by the FAA under 14 CFR §§ 107.1 et seq. (amended January 15, 2021, https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-107/subpart-A) This material is incorporated by reference, is on file with the Department and does not include any later amendments or editions.

C. An individual applying for an AAP or DPL, initial or renewal, shall provide the following information on a form obtained from the Department:

1. Name and signature of the applicant;

2. Date of application;

3. Address, e-mail address, and daytime telephone number of the applicant;

4. License renewal period;

5. Name, physical address, mailing address, e-mail address, and daytime telephone number of the applicant's employer, if applicable;

6. As applicable, a current copy of the applicant's:

a. commercial pilot certificate issued by the FAA for an AAP applicant, if not previously filed with the Department; or

b. drone pilot's certificate issued by the FAA for a DPL applicant, if not previously filed with the Department.

Applicant's commercial applicator certification number;

8. Whether the applicant has had a similar certification or license revoked, suspended, or denied in this or any other jurisdiction during the three years before the date of application and the nature of the violation; and

Information and documentation indicating that the individual's presence in the United States is authorized under federal law according to A.R.S. § 41-1080, if not on file.

D. The applicant shall submit the completed application to the Department, accompanied by a $50 fee for each year or portion of the year during which the license is valid.

E. An agricultural aircraft pilot license is not transferable, expires on December 31, and is valid for one or two years depending on the renewal period selected by the applicant.

F. Examinations.

1. The Department shall administer examinations by appointment at every Environmental Services Division office. In addition to the core examination required in R3-3-202, an applicant shall demonstrate knowledge and understanding of the following by scoring at least 75 percent on the written examination administered by the Department:

a. Safe flight and application procedures, including steps to be taken before starting a pesticide application, such as survey of the area to be treated, and considering the possible hazards to public health;

b. Calibration of aerial application equipment; and

c. Operation and application in the vicinity of schools, child care facilities, health care institutions, and residences.

2. An individual who fails the examination may retake it no more than three times in a 12-month period and shall not retake an examination until at least seven days have elapsed from the date of the last examination.

G. Renewal; expired license.

1. An applicant may renew an expired license without retaking the written examinations in subsection (F) under the following conditions:

a. The applicant submits the completed application and fee within 30 days after the expiration date, and

b. The applicant does not provide any pesticide-related service after the date the license expired until the date the renewal is effective.

2. All other applicants for renewal shall retake the written examinations prescribed in subsection (F).

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-204 (Supp. 91-4). Former Section R3-3-204 renumbered to R3-3-205; new R3-3-204 renumbered from R3-3-203 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-205 Custom Applicator License (CAL)

In addition to the provisions found under R3-3-200, the following apply to this Section.

A. A person shall not act as a custom applicator without a valid CAL issued by the Department.

B. A person applying for a CAL, initial or renewal, shall provide the following information on a form obtained from the Department:

1. Name and signature of the applicant;

2. Date of the license application;

Name, physical address, mailing address, e-mail address, if applicable, and daytime telephone number of the business;

4. Tax identification number of the business;

5.4. License renewal period;

6.5. Whether the application is for ground or air custom application, or both;

7.6. Names and current certification numbers of the commercial applicators employed by the business;

8.7. Evidence of insurance coverage, showing the name of the insurance carrier, policy number, policy term, policy limits, and any applicable exclusions;

9.8. Whether the applicant has had a similar license revoked, suspended, or denied in this or any other jurisdiction during the last three years, and the nature of the violation;

9. The name and contact information for a contact person at the business if different than the applicant; and

10. For individual applicants, information and documentation indicating that the individual's presence in the United States is authorized under federal law according to A.R.S. § 41-1080, if not on file.

C. The Department shall not issue or renew a CAL and an existing CAL is invalid unless the applicant or license holder:

1. Is a commercial applicator or employs at least one individual who is certified as a commercial applicator under R3-3-208; and

2. Maintains or the business that employs the applicator or license holder maintains public liability, drift, and property damage insurance coverage with an aggregate amount of at least $300,000 during the licensing period. The applicant or license holder shall provide evidence of insurance coverage to the Department upon initial application, for each renewal, or upon request of the Department;

3. Files with the Department a copy of the commercial applicator's valid Federal Aviation Administration commercial agricultural aircraft operator's certificate, if using aircraft. If not already on file with the Department, an applicant or license holder shall submit a copy of the certificate with the completed application form.

D. A CAL holder may:

1. Temporarily relinquish a CAL if the custom applicator:

a. Advises the Department of termination of the insurance prescribed in subsection (C)(2), and the effective date of termination; and

b. Ceases to act as a custom applicator on the termination date.

Reinstate the CAL within the same licensing time period, without again paying the fee as prescribed in subsection (E), if the custom applicator:

a. Purchases insurance as prescribed in subsection (C)(2), and

b. Notifies the Department of the effective date of the insurance.

E. The applicant shall submit the completed application to the Department, accompanied by a $100 fee for each year, or portion of the year during which the license is valid.

F. A custom applicator license is not transferable, expires on December 31, and is valid for one or two years, depending on the renewal period selected by the applicant.

G. Examinations.

1. The Department shall administer examinations by appointment at every Environmental Services Division office. In addition to the core examination required in R3-3-202, an applicant shall demonstrate knowledge and understanding of the following by scoring at least 75 percent on the written examination administered by the Department:

a. Calibration of application equipment;

b. Aerial application procedures, if applicable; and

c. Ground application procedures, if applicable.

2. An individual who fails the examination may retake it no more than three times in a 12 month period and shall not retake an examination until at least seven days have elapsed from the date of the last examination.

H. Renewal; expired license.

1. An applicant may renew an expired license without retaking the written examinations in subsection (G) under the following conditions:

a. The applicant submits the completed application and fee within 30 days after the expiration date, and

b. The applicant does not provide any pesticide-related service after the date the license expired until the date the renewal is effective.

2. All other applicants for renewal shall retake the written examinations prescribed in subsection (G).

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-205 (Supp. 91-4). Former Section R3-3-205 renumbered to R3-3-206; new R3-3-205 renumbered from R3-3-204 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-206 Custom Application Equipment Tag; Fee

In addition to the provisions found under R3-3-200, the following apply to this Section.

A. A custom applicator shall not use custom application equipment unless the equipment has a valid tag. The custom applicator licensee shall place and maintain a valid tag so that it is prominently displayed on the pesticide application equipment.

B. A person applying for a tag shall provide the following information on a form obtained from the Department:

1. Name and signature of the applicant;

2. Date of the application;

3. Address, e-mail address, if applicable, and daytime telephone number of the applicant;

4. Name, physical address, mailing address, e-mail address, if applicable, and daytime telephone number of the business, if applicable;

5. Manufacturer, make, model and serial number, and if an aircraft or drone, the FAA registration number ("N" number for aircraft, or drone with an operating weight of over 55 lbs. total, including payload; or "FA" number for drone with an operating weight up to 55 lbs. total, including payload) of the application equipment; and

6. The name and contact information for a contact person at the business if different than the applicant,

C. The Department shall not issue or renew a tag and an existing tag is invalid if the custom applicator license is invalid.

D. An applicant shall submit the completed application to the Department, accompanied by a $25 fee for each piece of equipment, for each year or portion of the year during which the tag is valid.

E. A tag expires on December 31, and is valid for the same time period as the custom applicator license.

F. A custom applicator licensee shall not transfer a tag except as follows:

1. If equipment with a valid tag, is destroyed, rendered unusable, or transferred out of the state, the custom applicator licensee may transfer the tag to another piece of equipment.

2. If equipment with a valid tag, is leased, sold, or traded, the custom applicator licensee shall transfer the tag with the equipment to the lessee or new owner.

3. Before transferring a tag, the custom applicator licensee shall notify the Department that the equipment with the valid tag is being transferred and identify the person to whom the equipment with the valid tag is being transferred or identify the piece of equipment to which the tag is being transferred, or the tag is invalid.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-206 (Supp. 91-4). Former Section R3-3-206 renumbered to R3-3-207; new R3-3-206 renumbered from R3-3-205 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-207 Agricultural Pest Control Advisor (PCA) License; Exemption

In addition to the provisions found under R3-3-200, the following apply to this Section.

A. An individual shall not act as a PCA without a valid PCA license issued by the Department. To advise in any of the categories listed in subsection (I), a PCA shall pass the specific examination associated with the category.

B. An individual, without a valid PCA license, applying for a PCA license shall provide the following information on a form obtained from the Department:

1. The applicant's name, address, e-mail address, daytime telephone number, social security number, and signature;

Date of the application;

3. License renewal period;

4.3. Name, physical address, mailing address, e-mail address, and daytime telephone number of the applicant's employer, if applicable;

5.4. Examinations that the applicant has passed by category;

6.5. Whether the applicant has had a similar license revoked, suspended, or denied in this or any other jurisdiction during the last three years, and the nature of the violation resulting in the revocation, suspension, or denial; and

6. Information and documentation indicating that the individual's presence in the United States is authorized under federal law according to A.R.S. § 41-1080, if not on file.

C. An individual applying for a PCA license, except an individual who holds or has held a PCA license in this state within the previous five years shall meet one of the following five sets of qualifications:

College degree.

a. Possess a bachelor's degree (B.A. or B.S.), master's degree or doctorate degree in any subject; and

b. Have completed 42 semester hours (63 quarter units) of college-level curricula as specified in subsection (D).

2. Master's degree in a biological science.

a. Possess a master's degree in a biological science;

b. Have 12 months of work experience related to a core area listed in subsection (D); and

c. Have a letter from the institution, a faculty member, or a supervisor where the individual obtained the work experience certifying the time spent and describing the type of experience obtained by the individual.

3. Doctorate degree in a biological science.

a. Possess a doctorate degree in a biological science; and either

b. Meet the qualifications in subsection (C)(2)(b) and (C)(2)(c); or

c. Have a letter of recommendation from the faculty member that supervised the dissertation or the division head of the discipline.

4. Other education with unlicensed experience.

a. Have completed 42 semester hours (63 quarter units) of college-level curricula as specified in subsection (D);

b. Have 24 months of work experience related to a core area listed in subsection (D); and

c. Have a letter from the institution, a faculty member, or a supervisor where the individual obtained the work experience certifying the time spent and describing the type of experience obtained by the individual.

5. Other education with licensed experience.

a. Be currently licensed as a pest control advisor (PCA) or equivalent in another state; and

b. Have completed 42 semester hours (63 quarter units) of college-level curricula as specified in subsection (D), except that each year of verifiable licensed experience under subsection (C)(5)(a) within the previous 5 years qualifies for two semester hours up to 10 hours. The semester hours based on licensed experience do not reduce the minimum hours required from each individual core area.

c. The applicant shall provide proof of the equivalency of a license from another state.

D. The 42 semester hours (63 quarter units) of college-level curricula specified in subsection (C) shall come from the core areas shown in the following table, with at least the minimum indicated hours (or units) coming from each individual core area. A single course shall not count toward the minimum hours of more than one core area. At least one course from the pest management systems and methods core area shall emphasize integrated pest management principles. Each course completed must be awarded credit with a minimum passing grade of a "C" or a 2.0 GPA, or a passing score if taken on a pass or fail basis.

| Core Area | Examples of Subjects | Sem. Hours | Qtr. Units | | --- | --- | --- | --- | | Physical, biological, and earth sciences, and mathematics | Inorganic chemistry; organic chemistry; biochemistry; plant biology or botany; general ecology; biology; genetics; plant physiology; zoology; post-algebra mathematics | 12 | 18 | | Crop health | Soils and irrigation; vegetation management or weed science; plant pathology; entomology; plant nutrition or fertility; nematology; vertebrate management | 6 | 9 | | Pest management systems and methods | Applied courses in entomology, plant pathology, vegetation management or weed science, and other pest management disciplines; pesticides or use of pesticides; pest control equipment systems; alternative cropping systems; sustainable or organic agricultural systems; biological control | 3 | 4.5 | | Production systems | Horticulture; viticulture; forestry; agronomy; crop, vegetable, fruit or animal sciences; other production systems (e.g., wildlife production, cattle production) | 3 | 4.5 |

E. Alternative curricula credits.

1. A current crop advisor certificate issued by the American Society of Agronomy qualifies for three semester hours in one of the following core areas: physical, biological and earth sciences and mathematics; crop health; or production systems.

2. Non-traditional courses such as a senior project, an internship, cooperative work experience, independent study, a dissertation or a thesis qualify for three semester hours in one of the core areas of crop health, pest management systems and methods, or production systems, as applicable.

3. For applicants with a bachelor's, master's, or doctorate degree, at least one year of full-time related work experience qualifies for three semester hours in one of the core areas of pest management systems and methods or production systems, as applicable.

F. In addition to the information required by subsection (B), an applicant shall submit to the Department:

1. An official transcript verifying the courses completed and the degrees granted to the applicant;

2. Documentation verifying alternative curricula relied on under subsection (E). Documentation of subsection (E)(2) and (E)(3) shall include a letter certifying completion and describing the activity from the institution, a faculty member or supervisor; and

3. If applicable, the letter required for licensure under subsection (C).

4. A $50 fee.

G. A PCA license is not transferable, expires on December 31, and is:

1. Issued for up to one year as an initial license;

2. Renewed every one or two years, depending on the renewal period selected by the applicant; and

3. Renewed for all categories of license under subsection (I) for the same renewal period.

H. G. Renewal.

1. The continuing education requirement in subsection (H)(5) is not applicable to an individual who passes the examination prescribed in subsection (I) and who applies for a PCA license between October 1 and December 31 of the test year.

2. Upon renewal, a PCA license is valid for one or two years, depending on the renewal period selected by the applicant, provided the applicant meets the criteria prescribed under subsection (H).

3. An applicant shall submit the completed application, accompanied by a $50 fee for each licensing year or portion of the year during which the license is valid.

4. Renewal; expired license.

a. An applicant may renew an expired license without retaking the written examinations under subsection (I) provided the applicant:

i. Complies with the CEU requirements in subsection (H)(5),

ii. Submits a completed application and fee within 30 days after the expiration date, and

iii. Does not provide any pest control-related service from the date the license expired until the date the renewal is effective.

b. All other applicants for renewal shall retake the applicable written examinations prescribed in subsection (I).

5.1. The Department shall not renew a PCA license unless, before the expiration of the current license, the licensee completes 15 CEUs for each year of the renewal period or passes any applicable examination prescribed in subsection (I). The licensee shall complete CEU credit during the calendar years the current license is in effect. CEUs earned that are in excess of the requirements do not carry forward for use with future renewals.

6.2. To obtain credit, the applicant shall provide the Department with documentation of completion of the CEU course.

3. For license renewal, the license may only be renewed if the required CEUs are obtained and the renewal application and fees are received by the Department within the specified time period.

I. H. Examinations.

1. In addition to the core examination as prescribed in R3-3-208(D), an applicant shall demonstrate knowledge and understanding of integrated pest management in any of the following categories:

a. Weed control,

b. Invertebrate control,

c. Nematode control,

d. Plant pathogen control,

e. Vertebrate pest control,

f. Plant growth regulators, or

g. Defoliation.

2. An individual who fails the examination may retake it no more than two times in a 12-month period and shall not retake an examination until at least seven days have elapsed from the date of the last examination.

J. I. Exemption. An individual operating in an official capacity for a college or university, providing recommendations in a not-for-profit capacity, or merely furnishing information concerning general and labeling usage of a registered pesticide is not considered an authority or general advisor for the purposes of this Chapter.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-207 (Supp. 91-4). Former Section R3-3-207 repealed; new R3-3-207 renumbered from R3-3-206 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 19 A.A.R. 3855, effective January 4, 2014. Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-209 [Repealed]

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-209 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Repealed by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-210 Additional Grounds for Revocation, Suspension, or Denial of a License, Permit, or Certification

A. The Director may deny, or after an opportunity for an administrative hearing, suspend or revoke a license, permit, or certification of any person who:

1. Fails to demonstrate sufficient reliability, expertise, integrity, and competence in engaging in pesticide use, which is considered misuse and is a violation of state laws or regulations relevant to the State certification plan;

2. Submits an inaccurate application for a license, permit, or certification;

3. Has had a similar license, permit, or certification revoked, suspended, or denied in this or any other jurisdiction during the three years before the date of application;

4. Fails to pay fines, penalties and fees;

5. Falsifies records required to be maintained by the certified applicator;

6. Is convicted of a criminal charge under Section 14(b) of FIFRA;

7. Is ordered to pay a civil penalty under Section 14(a) of FIFRA; or

8. Commits a violation of any of the following: A.R.S. §§ Title 3, Chapter 2, Articles 5 and 6 and Chapter 17 or A.A.C. Title 3, Chapter 3, Articles 1-5 and 10 which are relevant to the State certification plan.

B. Upon notice of a denial, the applicant may request, in writing, that the Director provide an administrative hearing under A.R.S. Title 41, Chapter 6, Article 10 to appeal the denial of the license, permit, or certification.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-210 (Supp. 91-4). Former Section R3-3-210 repealed; new R3-3-210 renumbered from R3-3-211 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-211 CEU Course Approval; Subject Approval

A. CEU course approval.

1. A person who wishes to have the Department determine whether a course qualifies for CEU credit shall submit the following information to the Department:

a. Name, address, e-mail address, if applicable, and telephone number of the course's sponsor;

b. Signature of the sponsor or the sponsor's representative;

c. Course outline, listing the subjects and indicating the amount of time allocated for each subject;

d. Brief description of the information covered within each subject;

e. Brief biography of the presenter, demonstrating the presenter's qualifications;

f. Fees charged for attending the course;

g. Date and location of each session; and

h. Whether the course is open to the public.

2. A person who requires prior notification of the number of CEUs that can be earned by completing an approved course before it is held shall submit the information required in subsection (A)(1) to the Department at least 14 business days before the course is held.

3. The Department may modify the number of CEUs earned for a CEU course if the CEU course varies significantly in content or length from the approved curriculum. If the Department modifies the number of CEUs earned, the Department shall send a letter of modification to the course organizer, who shall be requested to inform all individuals who attended the course.

B. Subject approval. The Department shall provide enough information so that the applicator can determine if the CEUs are pertinent to the categories in which they are seeking renewal. The Department shall grant one hour of CEU credit for every 50 minutes of actual instruction in an approved program relating to agricultural pest control or any of the following subjects:

1. Those listed in R3-4-208(D);

2. IPM; or

3. Any other pesticide or pesticide use subject approved by the Associate Director.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-211 (Supp. 91-4). Former Section R3-3-211 renumbered to R3-3-210; new R3-3-211 renumbered from R3-3-212 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-212 Experimental Use Permit

A. Small scale pesticide testing. For a person exempted by Section 5 of FIFRA or 40 CFR 172.3 from the requirement of a federal experimental use permit the following apply:

1. The person shall, in addition to meeting the requirements in R3-3-303, provide to the Associate Director a statement of purpose and an affidavit verifying that the pesticide will be applied to an application site that does not exceed the total area described in 40 CFR 172.3(c); and

2. If testing on the grounds of a college or university agricultural center or campus, or company-owned research facility, the testing is exempt from subsection (A)(1) and the reporting requirements in R3-3-303 .

B. A person engaged in a small scale test, except a person exempt under subsection (A)(2), shall comply with the requirements prescribed in R3-3-302, if applicable.

A. Definitions

1. "For the purpose of experimentation" means for research or testing purposes, including research or testing performed in order to accumulate information necessary to register under Section 3 of FIFRA and the regulations thereunder a pesticide not currently registered or a registered pesticide for a use not previously approved in the registration of the pesticide.

2. "Research agency" means any organization engaged in research pertaining to the use of pesticides, including for the purpose of experimentation.

3. "Structural pest management application" means a pesticide application covered by A.R.S. §§ 3-3601 et seq.

B. A research agency or educational institution may use a pesticide that is not federally registered or use a federally registered pesticide for a use not previously approved in the registration of the pesticide for the purpose of experimentation:

1. Under a valid experimental use permit issued by the Department, or

2. If the testing will only occur on the grounds of a college or university agricultural center or campus or a research agency owned research facility, then a permit is not required.

C. An applicant for an experimental use permit shall provide the following information to the Department:

1. A copy of the EPA-approved experimental use permit issued according to Section 5 of FIFRA or, for applicants exempt from the requirement of a federal experimental use permit under 40 CFR § 172.3 (59 FR 45611, Sept. 1, 1994, as amended at 71 FR 35546, June 21, 2006; 73 FR 75599, Dec. 12, 2008, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-172/sub-part-A/section-172.3). This material is incorporated by reference, on file with the Department, and does not include any later amendments or editions;

2. A statement of which federal exemption applies and an affidavit certifying that the experimental use will be in compliance with the applicable exemption;

3. A statement of the purpose for which the experimental use permit will be used;

4. Name, address, e-mail address, and daytime telephone number of the person supervising the experimental use application;

5. Name, address, e-mail address, and daytime telephone number of the PGP and PCA, or the qualifying party if it is a structural pest management application, that are involved in the application of the experimental use pesticide;

6. County, section, township, range, and field description, if needed, of the intended application site, or the street address if it is a structural pest management application;

7. The crop and acreage to be treated, the amount (quantity, weight, volume or other appropriate unit of measure) of the agricultural commodity to be treated, or the number of structures if it is a structural pest management application;

8. Total amount of active ingredient to be applied in this state;

Application rate of formulation per acre or other appropriate measure for a structural pest management application;

10. Method of application;

11. Name, address, e-mail address, and telephone number of the applicator applying the pesticide;

12. Time period during which the application will be made; and

13. Any special experimental use permit conditions imposed by the EPA, if applicable.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-212 (Supp. 91-4). Former Section R3-3-212 renumbered to R3-3-211; new R3-3-212 made by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Article 3 PESTICIDE USE, SALES, AND EQUIPMENT

Ariz. Admin. Code § R3-3-301 General

A. A person shall not use, apply, or instruct another to apply a pesticide in a manner or for a use inconsistent with the pesticide labeling except that:

1. A pesticide may be applied at a dosage, concentration, or frequency less than that specified on the pesticide labeling unless the labeling specifically prohibits deviation from the specified dosage, concentration, or frequency.

2. A pesticide may be applied against any target pest not specified on the labeling if the application is to an application site specified on the pesticide labeling, unless the labeling specifically prohibits use against the pest.

3. A pesticide may be applied by any method of application not prohibited by the pesticide labeling unless the labeling specifically states that the pesticide may be applied only by the methods specified on the labeling.

4. A pesticide may be mixed with a fertilizer if the labeling does not prohibit the mixture.

5. A pesticide may be used in any manner that is consistent with Sections 5, 18, or 24 of FIFRA.

B. A person shall not use, apply, or store or instruct another to use, apply, or store a pesticide unless the pesticide is:

1. Registered with the Department and the EPA,

2. Previously registered with the Department and the EPA and cancelled or suspended by the EPA with a current end-use provision in effect, or

Registered with the Department for FIFRA 25(b) products.

C. Subsection (B) does not apply to a:

1. Pesticide registrant that temporarily stores pesticides produced for shipment out of the state;

2. Person who uses a pesticide in Arizona under an Arizona issued experimental use permit; or

3. Person who is using a pesticide for experimental purposes on the grounds of a college or university agricultural center or campus, or a company-owned research facility.

D. A person shall not sell, offer for sale, barter or otherwise supply any pesticide:

That has been altered, diluted, or mixed;

2. That has been repackaged at an establishment not registered with the EPA; or

3. Is not registered with the Department according to Article 7 of this Chapter.

D. E. A person shall not allow drift that causes any unreasonable adverse effect.

E. F. A person shall not cause the direct release of a pesticide and an individual shall not instruct an applicator in a manner to cause the direct release of a pesticide causing any unreasonable adverse effect.

F. G. Regulated grower responsibility.

1. After a pesticide is applied to an application site on an agricultural establishment, the regulated grower shall not harvest a crop from the application site, or permit livestock to graze the application site in violation of any provision of the pesticide labeling.

2. Before a pesticide application, a regulated grower shall ensure that all individuals and livestock subject to the regulated grower's control are outside the application site.

G. H. Emergency pest control measures. A person acting under a government-sponsored emergency program, shall not apply, cause, or authorize another to apply or cause a pesticide to come into contact with an individual, animal, or property outside the boundaries of the application site.

H. I. If possible when applying pesticides by aircraft or drone, a pilot shall fly crosswind, unless an obstacle does not permit it, and shall begin the application at the downwind side of the application site so that the pesticide is dispersed on the return swathe.

I. J. A person shall not apply a highly toxic pesticide, other than a pesticide registered by the EPA for ultra-low volume application, in a volume that is less than one gallon per acre in the final spray form. The content of that gallon shall be at least 50 percent water.

J. K. A buffer zone may receive direct application or drift of pesticides as permitted by law.

L. Requirements for Direct Supervision of Noncertified Applicators by Certified Applicators. Supervision of noncertified applicators shall be as prescribed in 40 CFR § 171.201 (39 FR 36449, Oct. 9, 1974, as amended by FR 1040, January 4, 2018, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171/subpart-C/section-171.201). This material is incorporated by reference, on file with the Department, and does not include any later amendments or editions.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-301 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-302 Form 1080; Requirement for Written Recommendation

A. Effective January 1, 2026 all Form 1080s must be on a form approved by the Department, made available by the Department, or electronically submitted through the Department's Form 1080 internet portal. A PCA or regulated grower shall provide the following information in sequential order as indicated in subsections (A)(1) through (25):

1. Name and permit number of the seller;

2. Date the recommendation is written;

3. Name and permit number of the PGP upon whose application site the pesticide will be applied;

4. County where the application site is located;

Pest conditions present;

6. Whether the application site is within a pesticide management area under R3-3-304;

7. Anticipated date of harvest;

8. Restricted entry interval;

9. Label days to harvest;

10. Date recommended for the pesticide application;

Specific application site being treated;

12. Township, range, and section of the application site;

13. Number of acres or application sites in each section being treated;

14. Additional field description, if any;

15. Brand name and EPA registration number of the pesticide to be applied or number of the pesticide regulated under Section 18 of FIFRA to be applied;

16. Rate and unit of measure per acre or dilution per 100 gallons;

17. Total quantity of pesticide concentrate to be applied;

18. Total acres to be treated and total volume per acre or total number of application sites to be treated;

19. Whether the application includes an active ingredient that appears on the ADEQ groundwater protection list and is soil-applied as defined in A.A.C. R18-6-301;

20. Whether a supplemental label is required;

21. Method of pesticide application;

22. Label restrictions or special instructions, if any;

23. Name of the custom applicator making the application;

24. Anticipated pesticide delivery location; and

25. Signature of the regulated grower or PCA and credential number of the PGP or PCA making the recommendation.

B. A custom applicator shall not apply a pesticide unless the custom applicator has received a signed copy of the recommendation from the PCA or the regulated grower on the Form 1080 before the application. The custom applicator shall apply the pesticide according to the recommendation on the Form 1080 unless the recommendation conflicts with the pesticide label or labeling, in which case the custom applicator shall note these deviations on the Form 1080 and apply the pesticide according to the pesticide label or labeling, or as provided in R3-3-301(A).

C. Before the application of a pesticide recommended by a PCA, the PCA shall notify the regulated grower, or the regulated grower's representative, of the scheduled application date. If the application date or time changes from that scheduled with the regulated grower, the custom applicator shall notify the regulated grower of the revised date and time of the application.

D. After completing the application, the custom applicator shall sign the pesticide application report portion of Form 1080 to verify that the pesticide was applied according to the recommendation and provide the following information in writing on the form:

1. Date and start and end time of each application;

2. Date and time of the first and last spot application and a general description of the location, if applicable;

3. Wind direction and velocity;

4. Tag number, if applicable;

5. Name and credential number of the grower or custom applicator business;

6. Signature and credential number of the applicator; or name of the application equipment operator, and if a restricted use pesticide is applied, the signature and credential number of the certified applicator; and

7. Any deviation from the recommendation.

E. Reporting shall be as prescribed in R3-3-404.

F. Non-certified applicator records. When supervising a non-certified private, golf, or commercial applicator of a restricted use pesticide, records shall be kept as required in 40 CFR § 171.201(e) (39 FR 36449, Oct. 9, 1974 as amended by 82 FR 1040, January 4, 2018, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-171/subpart-C/section-171.201). This material is incorporated by reference, on file with the Department, and does not include any later amendments or editions.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-302 (Supp. 91-4). Section repealed; new Section made by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-303 Experimental Use

A. A person supervising application of a pesticide under a federal experimental use permit shall provide the Department with the following information in writing at least five days before application of the experimental use pesticide:

1. A copy of the EPA-approved experimental use permit, as required by Section 5 of FIFRA;

2. Name, address, e-mail address, if applicable, and daytime telephone number of the supervising technical individual for the experimental use;

3. Application site to be treated, the location of the application site, the quantity of the commodity or the area of land to be treated, and the number of structures, if any;

4. Total amount of active ingredient to be applied in this state;

5. Rate of formulation applied per unit of measure;

6. Method of application;

7. Time period during which the application will be made; and

8. Any special experimental use permit condition as determined by the Department or by the EPA.

B. If any information provided under subsection (A) changes, the person supervising the pesticide application under a federal experimental use permit shall notify the Department at least 24 hours before the application of the experimental use pesticide. If the notification of change is given verbally, the person supervising the pesticide application under a federal experimental use permit shall provide the Department with written confirmation within 15 days after the date of the change.

C. A. At least 24 hours before the application, the person supervising the application shall provide the Department with the following information:

1. Name, address, e-mail address, if applicable, and daytime telephone number of the regulated grower and PCA, or the qualifying party if it is a structural pest control application, that are involved in the application of the experimental use pesticide;

2. County, section, township, range, and field description, if needed, of the intended application site, or the street address if it is a structural pest control application as defined in A.R.S. § 32-2301(20) ;

3. Name, address, e-mail address, if applicable, and telephone number of the applicator applying the pesticide; and

4. Date and time of the intended application.

1. Exact date, time and location of the intended application by calling and leaving a message on the pesticide hotline answering machine, 1-800-423-8876; and

2. Any changes to the experimental permit information that was provided according to R3-3-212 .

D. B. An applicator shall not apply an experimental use pesticide in a manner other than that specified by the experimental use permit or other Department-approved labeling that is provided to the applicator. The applicator shall ensure that the labeling is at the application site when the application occurs.

C. An applicator involved in an experimental use pesticide application shall comply with R3-3-302 as applicable.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-303 (Supp. 91-4). Section repealed; new Section renumbered from R3-3-306 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-304 Pesticide Management Areas; Criteria for Designation

A. The Associate Director shall annually publish a list of all locations within the state that are designated as pesticide management areas under A.R.S. § 3-366. The list is available at every Environmental Services Division office.

B. The Director shall designate a location as a pesticide management area if all of the following evaluation criteria are met:

1. The distance between the application site and the property boundary of any residence, school, child care facility, or health care institution is less than 1/4 mile;

2. A pesticide is applied by aircraft;

3. A pesticide complained about under subsection (B)(4) is highly toxic or odoriferous; and

4. The Department receives complaints alleging pesticide misuse within a 12-month period from at least five or five percent, whichever is greater, of the residences located less than 1/4 mile from the application site or a complaint from any school, child care facility, or health care institution located less than 1/4 mile from the application site.

C. If, upon a written request from a person, or upon the Department's initiative, the Director determines that a pesticide management area no longer meets all of the criteria listed in subsection (B), the Director may remove the pesticide management area from the Department's annual list.

D. A person may petition the Department at any time to add or delete an area to or from the list of pesticide management areas. The petitioner shall address all of the criteria listed in subsection (B). The Director shall make a decision on each petition no later than 90 days from the date the petition was submitted.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-304 (Supp. 91-4). Section repealed; new Section renumbered from R3-3-308 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-3-305 Pesticide Sales

A. A seller shall only sell, offer for sale, deliver, or offer for delivery any restricted use pesticide to a person who:

1. Has a valid private, golf or commercial applicator certification issued by the Department for the use of a restricted use pesticide in the appropriate category;

2. Works under the direct supervision of a person who has a valid private, golf or commercial applicator certification issued by the Department for the use of a restricted use pesticide in the appropriate category; or

3. Has a valid certification from California, Nevada, Utah, Colorado, New Mexico or from an Arizona Indian tribe that allows the person to use a restricted use pesticide.

B. If a pesticide is sold for an agricultural purpose, in Arizona, the seller shall only sell, offer for sale, deliver, or offer for delivery any pesticide for an agricultural purpose after determining that the pesticide will be used by a person who has a PGP issued by the Department.

B. C. If a pesticide is sold for an agricultural purpose, the seller shall write the permit numbers of the seller and PGP on each sale and delivery ticket or invoice, and on each pesticide container or carton. If a pallet is delivered to an individual purchaser, the seller may write the seller and PGP numbers on the outside of the shrink-wrapped pallet.

C. D. A seller shall register with the Department the name and address of each salesperson and PCA employed for the purpose of selling pesticides in this state.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-305 (Supp. 91-4). Section repealed; new Section renumbered from R3-3-309 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by exempt rulemaking at 19 A.A.R. 3130, effective September 16, 2013. Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-306 Receipt of Restricted Use Pesticides by Noncertified Persons

A. A person shall not sell, offer for sale, deliver, or offer for delivery a restricted use pesticide to another person other than a certified applicator without having first obtained written documentation from a certified applicator or a noncertified recipient that the material is to be applied by or under the supervision of a certified applicator.

B. The seller shall obtain one of the following types of written documentation to satisfy the requirement in subsection (A):

1. A photocopy or fax of the certificate issued to the certified applicator who will be applying or supervising application of the restricted use pesticide and:

a. A statement signed by the certified applicator, authorizing and identifying the noncertified individual to purchase or receive the restricted use pesticide for the certified applicator; or

b. A copy of a signed contract or agreement, authorizing and identifying the noncertified person to receive the restricted use pesticide for the certified applicator; or

2. A form on file with the seller that contains the following information:

a. Name of any individual authorized to receive the restricted use pesticides for the certified applicator;

b. Relationship of an authorized individual to the certified applicator (partner, employee, co-worker, or immediate family);

c. List of the restricted use pesticides an authorized individual is allowed to receive, specifying the trade name and:

i. Trade name; and

ii.i. EPA registration number;

iii.ii. State special local need registration number issued by the Department; or

iv.iii. Emergency exemption number, issued by the EPA under Section 18 of FIFRA, if applicable.

d. Signature of the authorized individual and the date signed; and

e. Certified applicator's full name, signature, work address, work phone number, certification number, and certification categories.

C. A seller shall request proof of identification from any noncertified individual accepting restricted use pesticides on behalf of a certified applicator if the individual is unknown to the seller.

D. A noncertified individual who receives a restricted use pesticide on behalf of a certified applicator shall sign all sale documents for restricted use pesticides.

E. If, at the time of the sale of the restricted use pesticide, the noncertified individual receiving the pesticide satisfies the requirements of subsection (B) by presenting a signed statement, contract, or agreement, the seller shall maintain on file a copy of the signed statement, contract, or agreement.

F. The seller shall retain records of all sales or deliveries made and maintain the documents required by this Section for at least two years from the date of sale.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-306 (Supp. 91-4). Former Section R3-3-306 renumbered to R3-3-303; new R3-3-306 renumbered from R3-3-310 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-307 Aircraft and Drones; Agricultural Aircraft and Drone Pilots

A. A person shall not operate an aircraft to apply pesticides in this state unless the aircraft has a valid tag issued under R3-3-206 and a valid Federal Aviation Administration airworthiness certificate issued according to 14 CFR §§ 21.171 et seq. (29 FR 14569, October 24, 1964, as amended by 74 FR 53384, Oct. 16, 2009, https://www.ecfr.gov/current/title-14/chapter-I/subchapter-C/part-21/subpart-H. This material is incorporated by reference, on file with the Department, and does not include any later amendments or editions.).

B. A person shall not operate a drone to apply a pesticide in this state unless the drone has a valid tag issued under R3-3-206 and a valid registration issued according to 14 CFR § 48.1 (80 FR 78645, Dec. 16, 2015, as amended by Doc. No. FAA-2018-1084, 84 FR 3673, Feb. 13, 2019, https://www.ecfr.gov/current/title-14/chapter-I/subchapter-C/part-48. This material is incorporated by reference, on file with the Department, and does not include any later amendments or editions.).

B. C. A custom applicator shall not permit an individual who does not hold a valid agricultural aircraft pilot license and a valid commercial applicator certification to apply pesticides by aircraft.

D. A custom applicator shall not permit an individual who does not hold a valid agricultural drone pilot license and a valid commercial applicator certification to apply pesticides by drone.

History

• Adopted effective January 17, 1989 (Supp. 89-1). Renumbered from R3-10-307 (Supp. 91-4). Former Section R3-3-307 repealed; new R3-3-307 renumbered from R3-3-312 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-308 Pesticide Containers and Pesticides; Storage and Disposal

A. Each person storing pesticides or non-triple rinsed pesticide containers shall:

1. Provide a secure, well-ventilated storage location;

2. Verify that the containers are nonleaking and closed if not in use; and

3. Conspicuously post a sign at the entrance to the storage area warning others that pesticides are stored inside.

B. A person shall not place misleading wording or markings on a service container that are not related to the pesticide in the container.

C. A person using a service container to store or transport a pesticide concentrate or registered ready-to-use pesticide, shall place a durable and legible label or tag on the service container that lists:

1. Name, e-mail address, if applicable, and telephone number of the applicator or custom applicator using the pesticide;

2. Brand or trade name of the pesticide;

3. EPA registration number;

4. Name and percentage of the active ingredient;

5. Dilution, if any, in the service container;

6. EPA-assigned signal word (danger, warning, or caution) for the registered label; and

7. The phrase "KEEP OUT OF REACH OF CHILDREN."

D. A person shall not store or transport any pesticide in a container that has been used for food, feed, beverages, drugs, or cosmetics, or, because of shape, size, or marking is identified with food, feed, beverages, drugs, or cosmetics.

E. A person shall not dump, negligently store, or leave unattended any pesticide, service container, or pesticide container or part of a container, at any place or under any condition that will create a hazard to an individual, an animal, or property.

F. A person shall not dispose of any pesticide or pesticide container except according to label directions and all applicable laws.

G. Before a person disposes of any pesticide container, the person shall ensure that the following steps are taken:

1. After emptying each pesticide container other than a pressurized container, a paper bag, or a container designed for reuse with the same pesticide and described in R3-3-309, the container is triple rinsed and:

a. The rinsate is not discharged into the environment unless the discharge is performed according to label directions, and applicable laws;

b. The rinsate is placed into a service container or the application equipment for use on an application site, or the rinsate is disposed as allowed by the label;

c. Each container is punctured or crushed after it is triple rinsed to render the container incapable of holding any material; and

2. A pesticide container that is a combustible bag or package is thoroughly emptied and either:

a. Folded and tied into bundles or otherwise secured, or

b. Enclosed securely in a secondary container that is labeled as containing pesticide residue.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-308 (Supp. 91-4). Former Section R3-3-308 renumbered to R3-3-304; new R3-3-308 renumbered from R3-3-313 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-3-309 Returnable, Reusable, Recyclable, and Reconditionable Pesticide Containers

A. A pesticide container, as defined in R3-3-101, labeled as a returnable, reusable container, or for which the label contains provisions for recycling or reconditioning, may be shipped according to label directions to a dealer, distributor, formulator, or a reconditioning or recycling facility that is operated in accordance with applicable laws.

B. If a pesticide container is being held for shipment under subsection (A), the person holding the container shall, immediately after use, place it in a secure environment, inaccessible for any use other than shipment according to label directions.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-309 (Supp. 91-4). Former Section R3-3-309 renumbered to R3-3-305; new R3-3-309 renumbered from R3-3-314 and amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-3-310 Fumigation Use

A. An individual shall not perform a fumigation unless the individual is a certified fumigant applicator or a certified fumigant applicator is physically present in the immediate vicinity supervising the individual performing the fumigation.

B. An individual storing, handling, or applying a fumigant shall follow all label requirements. If the label does not specify warning requirements, the individual shall comply with the following provisions:

1. Before the fumigation begins, warning signs shall be posted in visible locations on or in the immediate vicinity of all entrances to and on every side of the space or area being fumigated.

2. Warning signs shall be printed in red on white background and shall:

a. State the English and Spanish words "DANGER/PELIGRO";

b. Contain a skull and crossbones symbol if shown on the product label;

c. State "Area or commodity under fumigation. DO NOT ENTER/NO ENTRE"; and

d. State the name of the fumigant, the date and time the fumigant was injected, and the name, e-mail address, if applicable, and telephone number of the certified applicator.

C. A certified fumigant applicator who engages in or who supervises another in the fumigation process shall ensure that the label requirements are followed, including requirements relating to the use of personal protective equipment and posting required warning signs.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-310 (Supp. 91-4). Former Section R3-3-310 renumbered to R3-3-306; new R3-3-310 made by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-3-311 [REPEALED]

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-311 (Supp. 91-4). Section repealed by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-3-312 Renumbered

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-312 (Supp. 91-4). Section renumbered to R3-3-307 by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-3-313 Renumbered

History

• Adopted effective January 17, 1989 (Supp. 89-1). Renumbered from R3-10-313 (Supp. 91-4). Section renumbered to R3-3-308 by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-3-314 Renumbered

History

• Adopted effective January 17, 1989 (Supp. 89-1). Renumbered from R3-10-314 (Supp. 91-4). Section renumbered to R3-3-309 by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

Article 4 RECORDKEEPING AND REPORTING

Ariz. Admin. Code § R3-3-401 Pesticide Seller Records

A. A seller of any restricted use pesticide, or any agricultural use pesticide shall maintain all records showing the receipt, sale, delivery, or other disposition of the pesticide or device sold for at least two years from the date of sale. If a seller intends to change the location of the records, the seller shall file a signed statement with the Department before the move stating the new address.

B. When any agricultural use pesticide, or a restricted use pesticide is sold, delivered, or otherwise disposed of, a seller shall maintain the following records and information:

1. Bill of lading or other similar record of the receipt of the pesticide at the selling establishment;

2. Seller's dated sales receipt, delivery receipt, or invoice of the transaction, delivery, or other disposition of the pesticide;

3. Name and address of the purchaser;

4. PGP number, or the PMD license number of the purchaser, if applicable;

5. State special local need registration number issued under Section 24 of FIFRA, if applicable;

6. Emergency exemption permit number granted by the EPA under Section 18 of FIFRA, if applicable;

7. Experimental use permit number, if applicable;

8. Pesticide brand name and the EPA registration number; and

9. Quantity of the pesticide sold to the purchaser.

C. In addition to the information required in subsection (B), when a restricted use pesticide is sold, delivered, or otherwise disposed of for use by a certified applicator, a seller shall maintain records that contain the following information:

1. Name and address of the residence or principal place of business of each person to whom the restricted use pesticide is sold, delivered, or otherwise disposed of, and any records required under R3-3-306;

2. Certified applicator's name, address, certification number, and the expiration date of the applicator's certification; and

Categories in which the applicator is certified, if applicable.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-401 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by exempt rulemaking at 19 A.A.R. 3130, effective September 16, 2013. Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-402 Private and Golf Applicator Records; Restricted Use Pesticide

A. Following an application to an application site of a restricted use pesticide, a pesticide registered under Section 18 of FIFRA, or an experimental use permitted pesticide, a private applicator shall complete an application record on a form approved by the Department, which includes the following:

1. Name of the private applicator and the applicator's certification number; as required,

2. Name and permit number of the seller;

3. Name of the pesticide applied and its EPA registration number;

4. Date and time of application;

5. Name of regulated grower;

6. Method of application;

7. Crop name or site and the number of acres treated with the pesticide;

8. Rate per acre of the active ingredient or formulation of the pesticide;

9. Total volume of pesticide used per acre; and

10. County, township, range, and section of the field that received the application.

B. Following an application to a non-field of a restricted use pesticide, a pesticide registered under Section 18 of FIFRA, or an experimental use permitted pesticide, a private applicator or golf applicator shall complete an application record on a form approved by the Department, that includes the following:

The information requested under subsection (A)(1) through (A)(6);

2. Item treated;

3. Rate per item treated;

4. Total volume used in the application; and

5. Application site location by county, township, range and section, or by physical address.

C. A private applicator and golf applicator shall retain records required by this Section for at least two years from the date of the private application.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-402 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by exempt rulemaking at 19 A.A.R. 3130, effective September 16, 2013. Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-403 Bulk Release Report

A. An applicator shall notify the Department at the Pesticide Hotline, 1-800-423-8876, as soon as practical after a bulk release, but no later than three hours after the bulk release. If the bulk release is on a public highway or railway, or results in the death of an individual, the applicator shall immediately call 911, then report the incident to the ADEQ's Environmental Emergency Response Unit by calling (602) 390-7894, within 24 Hours.

B. Within 30 days after a bulk release, the applicator shall provide a written report to the Department listing all details of the release, including:

1. Location and cause of the release;

Disposition of the pesticide released;

3. Measures taken to contain the bulk release;

4. Name and EPA registration number of the pesticide released;

5. Name, e-mail address, if applicable, and telephone number of the applicator's contact person;

6. Date and time of the release;

7. Specific environment into which the release occurred;

8. Known human exposure to the pesticide, if observed; and

9. Estimated amount of pesticide or pesticide mixture released.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-403 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-404 Form 1080; Reports to the Department

A. A custom applicator shall submit to the Department, by mail or fax, a completed and signed Form 1080, as prescribed in R3-3-302.

B. A regulated grower shall submit to the Department, by mail or fax, a completed and signed Form 1080, as prescribed in R3-3-302, for application of a pesticide containing an active ingredient that appears on the ADEQ groundwater protection list, and is soil-applied, as defined in A.A.C. R18-6-301.

C. A custom applicator or regulated grower may report continued pesticide applications and spot applications within the same reporting period on a single Form 1080.

D. A custom applicator or a regulated grower shall submit the Form 1080 to the Department during the reporting period.

E. A PCA or custom applicator shall retain a copy of each Form 1080 for at least two years from the date of the application.

History

• Adopted effective January 17, 1989 (Supp. 89-1). Renumbered from R3-10-404 (Supp. 91-4). Section repealed; new Section made by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-405 Disposal Records; Agricultural Pesticide Concentrate

An applicator shall maintain the following information for two years:

1. EPA registration number, product name, active ingredient, and amount of agricultural pesticide concentrate disposed of;

2. Date of disposal;

3. Method of disposal; and

4. Specific location of the disposal site, or name of licensed disposal contractor.

History

• New Section made by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

Article 5 NONEXCLUSIVE LISTS OF SERIOUS, NONSERIOUS, AND DE MINIMIS VIOLATIONS

Ariz. Admin. Code § R3-3-501 Serious Violations

The following is a nonexclusive list of acts that are serious violations if exposure to the pesticide produces a substantial probability that death or serious physical harm could result, unless the violator did not, and could not with the exercise of reasonable diligence, as documented in the investigative record, know of such safety or human health risk, in which case the violation is nonserious:

Storing a pesticide or pesticide container improperly,

2. Dumping or disposing a pesticide or pesticide container in violation of this Chapter,

3. Leaving a pesticide or pesticide container unattended,

4. Spraying or applying a pesticide in a manner inconsistent with labeling instructions, or

5. Adulterating a pesticide.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-501 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-3-502 Nonserious Violations

A. General violations. The following is a nonexclusive list of acts that are nonserious violations if the violation has a direct or immediate relationship to safety, health, or property damage, but does not constitute a de minimis violation or a serious violation, unless the violator did not, and could not with the exercise of reasonable diligence, know of such safety, health, or property damage risk in which case the violation is de minimis. A person shall not:

1. Improperly store, dump, or leave unattended any pesticide, pesticide container or part of a pesticide container, or service container.

2. Make a false statement or misrepresentation in an application for a permit, license, or certification, or a permit, license, or certification renewal.

3. Falsify any records or reports required to be made under Articles 2 through 4 of this Chapter.

4. Operate an aircraft, drone, or ground equipment in a faulty, careless, or negligent manner during the application of a pesticide.

5. Apply or instruct another to apply a pesticide so that it comes into contact with:

a. An individual;

b. An animal; or

c. Property, other than the application site being treated.

6. Use, apply, or instruct another to apply a pesticide in a manner or for a use inconsistent with its pesticide label or labeling except as provided by R3-3-301(A).

7. Unless being used under an approved EUP or being used on research facility, use, sell, apply, store, or instruct another to use, sell, apply, or store a pesticide:

a. That is not registered with the Department and the EPA, or

b. Outside the EPA authorized end-use provision if previously registered with the Department and the EPA and cancelled or suspended by the EPA.

8. Fail to provide accurate or approved labeling when registering a pesticide.

9. Using a restricted use pesticide without proper certification, or under the direct supervision of a properly certified applicator, when allowed.

B. Seller violations. A seller shall not:

1. Sell pesticides without a valid seller's permit issued by the Department according to R3-3-203;

2. Provide a restricted use pesticide to a regulated grower or applicator who does not have a valid applicator certification;

3. Fail to maintain records required under Articles 2 through 4 of this Chapter;

4. Fail to maintain complete sales records of restricted use pesticides required under Articles 3 and 4 of this Chapter;

5. Adulterate a pesticide;

6. Make false or misleading claims about a pesticide to any person;

7. Modify a label or labeling without proper authorization;

8. Provide a pesticide to a person not authorized according to R3-3-306; or

9. Provide an agricultural use pesticide to a person who does not have a valid PGP.

C. PCA violations. A PCA shall not:

1. Act as a PCA without a valid agricultural pest control advisor license issued by the Department according to R3-3-207 ,

2. Make a false or fraudulent statement in any written recommendation about the use of a pesticide,

3. Make a recommendation regarding the use of a pesticide in a specific category in which the individual is not licensed, or

4. Make a written recommendation for the use of a pesticide in a manner inconsistent with its pesticide label or the exceptions as provided in R3-3-301(A).

D. Agricultural aircraft pilot and drone pilot violations. A pilot or drone pilot shall not apply a pesticide by aircraft or drone without a valid agricultural aircraft pilot license or drone pilot license, as applicable, issued by the Department according to A.A.C. R3-3-204.

E. Custom applicator violations. A custom applicator shall not:

1. Allow application equipment to be operated in a careless or reckless manner during the application of a pesticide,

2. Make a custom application without a valid custom applicator's license issued by the Department according to R3-3-205 ,

3. Make a custom application of a restricted use pesticide without supervision by a person with a valid commercial applicator certification issued by the Department according to R3-3-208 ,

4. Allow an aircraft or drone to be operated during the application of a pesticide by an individual who does not have a valid agricultural aircraft pilot license (APL) or drone pilot license (DPL), as applicable, issued by the Department according to R3-3-204, or

5. Apply a pesticide without a written Form 1080 as prescribed in R3-3-302(A).

F. Regulated grower violations. A regulated grower shall not:

1. Purchase, apply, or use an agricultural use pesticide without a valid Pesticide Grower Permit (PSP) issued by the Department according to R3-3-201;

2. Purchase, store, or apply a restricted use pesticide without being a certified applicator in the appropriate category;

3. Purchase, store, or apply any restricted use pesticide on a golf course without being a golf applicator; or

4. Allow a pesticide application on a golf course without having the proper protective equipment required by the label available to the applicator.

G. Certified applicator violations. A certified applicator shall not:

1. Allow the unsupervised application of a restricted use pesticide,

2. Fail to maintain complete records required under Articles 2 through 4 of this Chapter, or

3. Use a restricted use pesticide without a valid commercial applicator, private applicator, or golf applicator restricted use pesticide certification issued by the Department according to R3-3-208.

4. Use a restricted use pesticide without restricted use pesticide certification in the proper category.

H. Exemptions. The following incidents are not pesticide use violations under this Section:

1. Exposure of an individual involved in the application who is wearing proper protective clothing and equipment;

2. Exposure of an unknown trespassing individual, animal, or property that the applicator, working in a prudent manner, could not anticipate being at the application site; or

3. Exposure of a person, animal, or property if the application is made according to a government-sponsored emergency program.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-502 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by exempt rulemaking at 19 A.A.R. 3130, effective September 16, 2013. Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-503 De Minimis Violations

A. Seller violations. It is a de minimis violation if a seller:

1. Fails to record seller and PGP numbers on containers, cartons, and delivery tickets;

2. Fails to register the seller's responsible individual; or

3. Fails to maintain complete records as required under Articles 2 through 4 of this Chapter.

B. PCA violations. It is a de minimis violation if a PCA:

1. Fails to put recommendations in writing as prescribed at R3-3-302(A) ,

2. Fails to provide complete information required on written recommendations under R3-3-302 ,

3. Fails to maintain complete records as required under Articles 2 through 4 of this Chapter, or

4. Fails to obtain CEU credits pertinent to the categories license renewal is sought.

C. Custom applicator violations. It is a de minimis violation if a custom applicator:

Fails to maintain complete records required under Articles 2 through 4 of this Chapter, or

2. Fails to file reports as required under Articles 3 and 4 of this Chapter.

D. Regulated grower violations. It is a de minimis violation if a regulated grower:

Fails to maintain complete records as required under Articles 2 through 4 of this Chapter; or

2. Fails to file reports as required under Article 4 of this Chapter including whether the application includes a pesticide containing an active ingredient that appears on the ADEQ groundwater protection list, and is soil-applied, as defined in A.A.C. R18-6-301.

E. Certified applicator violations. A certified applicator shall not:

1. Fail to file reports as required under Articles 3 and 4 of this Chapter; or

2. Fail to obtain CEU credits pertinent to the categories that certification renewal is sought.

F. A third de minimis violation in a three-year period is a nonserious violation.

G. Exemptions. The following incidents are not a violation under this Section:

Exposure of an individual involved in the application who is wearing proper protective clothing and equipment;

2. Exposure of an unknown trespassing individual, animal, or property that the applicator, working in a prudent manner, could not anticipate being at the application site; or

3. Exposure of a person, animal, or property if the application is made according to a government-sponsored emergency program.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-503 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-504 Mitigation

A. A violation listed in R3-3-501 is a nonserious violation if:

1. The violator did not, and could not with the exercise of reasonable diligence, know of the safety or human health risk involved; or

2. The release is done to avoid an accident that would have resulted in greater harm than that caused by the pesticide release or is caused by mechanical malfunction beyond the control of the operator.

B. A violation listed in R3-3-502 is a de minimis violation if:

1. The violator did not, and could not with the exercise of reasonable diligence, know of the safety, health, or property damage risk involved; or

2. The release is done to avoid an accident that would have resulted in greater harm than that caused by the pesticide release or is caused by mechanical malfunction beyond the control of the operator.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-504 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-3-505 Unlisted Violations

A. The Department shall classify a violation of Articles 2 through 4 of this Chapter or of A.R.S. Title 3, Chapter 2, Article 6 that is not listed in R3-3-501, R3-3-502, or R3-3-503 as a serious, nonserious, or de minimis violation depending upon the specific factual circumstances surrounding the violation.

B. A third de minimis violation of the same or similar type in a three-year period is a nonserious violation.

C. According to A.R.S. § 3-370, in addition to the civil penalties prescribed by the section, a person who knowingly or willfully commits a violation of this Article may be charged as follows:

1. For any nonserious violation of this Article that results in the harm to the environment or economy that results in the loss of $10,000 or less may be found guilty of a class 1 misdemeanor; or

2. For any serious violation of this Article that results in the harm to human or animal health, the environment, or the economy of $10,000 or more may be found guilty of a class 6 felony.

D. In addition, the Director may deny, suspend or revoke am applicator certification for one or more of the following violations:

1. Misuse of a pesticide;

2. Falsifying records as required under Article 4 of this Chapter;

3. A criminal conviction under section 14(b) of FIFRA;

4. A final order imposing a civil penalty under section 14(a) of FIFRA; or

5. A violation of State laws or regulation relevant to the State certification plan.

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-505 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-506 Penalty and Fine Point System

A. The ALJ shall assess points, as applicable, against a violator for the violation of each pesticide rule or statute, or the Associate Director shall assess points, as applicable, for the violation of each pesticide rule or statute upon entering into a negotiated settlement as a result of an informal settlement conference under A.R.S. § 41-1092.06, in accordance with the following point system. From each of subsections (A)(1) through (6), one choice shall be selected, unless otherwise appropriate, based upon supporting evidence in the record of the proceeding before the ALJ or Associate Director. Points shall be totaled for the violation of each pesticide rule or statute.

1. Health effects.

| a. | No evidence of human exposure to pesticides and no evidence of the substantial probability of human exposure to pesticides. | 0 | | --- | --- | --- | | b. | Substantial probability of human exposure to pesticides but treatment not required by a physician, nurse, paramedic, or physician's assistant. | 5-10 | | c. | Evidence of human exposure to pesticides but treatment not required by a physician, nurse, paramedic, or physician's assistant. | 11-20 | | d. | Human exposure to pesticides that required treatment by a physician, nurse, paramedic, or physician's assistant, but which did not result in pesticide poisoning. | 21-30 | | e. | Human exposure to pesticides that required either hospitalization for less than 12 hours or treatment as an outpatient for five consecutive days or less by a physician, nurse, paramedic, or physician's assistant for pesticide poisoning. | 31-45 | | f. | Human exposure to pesticides that required either hospitalization for 12 hours or longer, or treatment as an outpatient for more than five consecutive days by a physician, nurse, paramedic, or physician's assistant for pesticide poisoning. | 46-100 | | g. | Human exposure to pesticides resulting in death from pesticide poisoning (serious violation unless otherwise documented in the investigative record). | 101-180 |

| a. | No evidence of human exposure to pesticides and no evidence of the substantial probability of human exposure to pesticides. | 0 | | --- | --- | --- | | b. | Substantial probability of human exposure to pesticides but treatment not required by a physician, nurse, paramedic, or physician's assistant. | 5-10 | | c. | Evidence of human exposure to pesticides but treatment not required by a physician, nurse, paramedic, or physician's assistant. | 11-20 | | d. | Human exposure to pesticides that required treatment by a physician, nurse, paramedic, or physician's assistant, but which did not result in pesticide poisoning. | 21-30 | | e. | Human exposure to pesticides that required either hospitalization for less than 12 hours or treatment as an outpatient for five consecutive days or less by a physician, nurse, paramedic, or physician's assistant for pesticide poisoning. | 31-45 | | f. | Human exposure to pesticides that required either hospitalization for 12 hours or longer, or treatment as an outpatient for more than five consecutive days by a physician, nurse, paramedic, or physician's assistant for pesticide poisoning. | 46-100 | | g. | Human exposure to pesticides resulting in death from pesticide poisoning (serious violation unless otherwise documented in the investigative record). | 101-180 |

Environmental consequences and property damage. (Select one or more as evidence indicates.)

| a. | No evidence of substantial probability of environmental or property damage. | 0 | | --- | --- | --- | | b. | Substantial probability of water contamination. | 5-10 | | c. | Evidence of water source contamination. | 11-20 | | d. | Substantial probability of soil contamination causing economic damage. | 5-10 | | e. | Evidence of soil contamination causing economic damage. | 11-20 | | f. | Substantial probability of nontarget bird kills. | 5-10 | | g. | Evidence of nontarget bird kills. | 11-20 | | h. | Substantial probability of nontarget fish kills. | 5-10 | | i. | Evidence of nontarget fish kills. | 11-20 | | j. | Nontarget kills involving game or furbearing animals as defined by A.R.S. § 17- 101(B). | 10-20 | | k. | Any property damage (nonserious violation only under A.R.S. § 3-361(4) ). | 10-20 | | l. | Air contamination causing official evacuation by federal, state, or local authorities. | 10-20 | | m. | Killing one or more threatened or endangered species. | 15-20 | | n. | Killing one or more domestic animals. | 15-20 |

| a. | No evidence of substantial probability of environmental or property damage. | 0 | | --- | --- | --- | | b. | Substantial probability of water contamination. | 5-10 | | c. | Evidence of water source contamination. | 11-20 | | d. | Substantial probability of soil contamination causing economic damage. | 5-10 | | e. | Evidence of soil contamination causing economic damage. | 11-20 | | f. | Substantial probability of nontarget bird kills. | 5-10 | | g. | Evidence of nontarget bird kills. | 11-20 | | h. | Substantial probability of nontarget fish kills. | 5-10 | | i. | Evidence of nontarget fish kills. | 11-20 | | j. | Nontarget kills involving game or furbearing animals as defined by A.R.S. § 17-101(B). | 10-20 | | k. | Any property damage (nonserious violation only under A.R.S. § 3-361(4)). | 10-20 | | l. | Air contamination causing official evacuation by federal, state, or local authorities. | 10-20 | | m. | Killing one or more threatened or endangered species. | 15-20 | | n. | Killing one or more domestic animals. | 15-20 |

Culpability

| a. | Knowing. Knew or reasonably should have known by reasonable diligence of the prohibitions or restrictions that are the basis of the misconduct cited | 5-10 | | --- | --- | --- | | b. | Willfully. Actual knowledge of the prohibitions or restrictions but engages in misconduct. | 20-50 |

| a. | Knowing. Knew or reasonably should have known of the safety, health or property damage risk. | 5-10 | | --- | --- | --- | | b. | Willfully. Actual knowledge or belief that the conduct would violate the law but engages in misconduct. | 20-50 |

Prior violations or citations. Violations or citations within three years from the date the violation was committed. (Select one or more as evidence indicates.)

| Prior violation history | Current violation Non-serious | Current violation Serious | | --- | --- | --- | | None | 0 | 0 | | One or more De minimis | 5 | 0 | | One Nonserious | 10 | 5 | | One Nonserious, same or substantially similar to current violation | 20 | 10 | | Two Nonserious | 30 | 15 | | Two Nonserious, same or substantially similar to current violation | 40 | 20 | | Three Nonserious | 60 | 30 | | Three Nonserious, same or substantially similar to current violation | 70 | 35 | | Additional Nonserious: same or substantially similar to current violation, points per each additional violation beyond three | 10 | 5 | | One Serious | 20 | 10 | | One Serious, same or substantially similar to current violation | 40 | 20 | | Two Serious | 60 | 30 | | Two Serious, same or substantially similar to current violation | 80 | 40 | | Three Serious | 120 | 60 | | Three Serious, same or substantially similar to current violation | 140 | 70 | | Additional Serious: same or substantially similar to current violation, points per violation | 20 | 10 |

The length of time a violation has been allowed to continue by the violator after notification by the Department.

| a. | Less than one day. | 0 | | --- | --- | --- | | b. | One day but less than one week. | 1-10 | | c. | One week but less than one month. | 11-20 | | d. | One month but less than two months. | 21-30 | | e. | Two months or more. | 31-40 |

| a. | Less than one day. | 0 | | --- | --- | --- | | b. | One day but less than one week. | 1-10 | | c. | One week but less than one month. | 11-20 | | d. | One month but less than two months. | 21-30 | | e. | Two months or more. | 31-40 |

Wrongfulness of conduct

| a. | Conduct resulting in a violation that does not cause any immediate damage to public health, safety, or property. | 4-5 | | --- | --- | --- | | b. | Conduct resulting in a violation that the evidence establishes may have a substantial probability of an immediate effect upon public health, safety, or property. | 6-8 | | c. | Conduct resulting in a violation that the evidence establishes had an immediate effect upon public health, safety, or property, but does not fall within subsection (6)(e). | 9-10 | | d. | Conduct causing the substantial probability of serious physical injury, hospitalization, or sustained medical treatment for an individual, or degrading the pre-existing environmental quality of the air, water, or soil so as to cause a substantial probability of a threat to the public health, safety, or property. | 20-35 | | e. | Conduct resulting in serious physical injury, hospitalization, or sustained medical treatment for an individual, or degrading the pre-existing environmental quality of the air, water, or soil so as to cause a substantial probability of a threat to the public health, safety, or property. | 36-50 |

| a. | Conduct resulting in a violation that does not cause any immediate damage to public health, safety, or property. | 4-5 | | --- | --- | --- | | b. | Conduct resulting in a violation that the evidence establishes may have a substantial probability of an immediate effect upon public health, safety, or property. | 6-8 | | c. | Conduct resulting in a violation that the evidence establishes had an immediate effect upon public health, safety, or property, but does not fall within subsection (6)(e). | 9-10 | | d. | Conduct causing the substantial probability of serious physical injury, hospitalization, or sustained medical treatment for an individual, or degrading the pre-existing environmental quality of the air, water, or soil so as to cause a substantial probability of a threat to the public health, safety, or property. | 20-35 | | e. | Conduct resulting in serious physical injury, hospitalization, or sustained medical treatment for an individual, or degrading the pre-existing environmental quality of the air, water, or soil so as to cause a substantial probability of a threat to the public health, safety, or property. | 36-50 |

B. The ALJ or Associate Director, after determining points according to subsection (A) shall assess a fine or penalty, or fine and penalty, for each violation in accordance with the following schedules:

1. Nonserious violation as defined under A.R.S. § 3-361.

a. 53 points or less. A fine of $50 to $150; a penalty of one to three months' probation, with a condition of violating probation being one to three hours of continuing education.

b. 54 to 107 points. A fine of $151 to $300; a penalty of four to six months' probation with a condition of violating probation being one to 10 days' suspension.

c. 108 points or more. A fine of $301 to $500; a penalty of seven to 12 months' probation with a condition of violating probation being 15 to 30 days' suspension or revocation for a period of up to one year.

2. Serious violation as defined under A.R.S. § 3-361.

a. 46 points or less. A fine of $1,000 to $2,000; a penalty of one to three months' probation with a condition of violating probation being five to 10 days' suspension for a nonserious violation or 15 to 30 days' suspension for a serious violation.

b. 47 to 93 points. A fine of $2,001 to $5,000; a penalty of four to six months' probation with a condition of violating probation being 15 to 30 days' suspension for a nonserious violation and 31 to 90 days' suspension for a serious violation.

c. 94 points or more. A fine of $5,001 to $10,000; a penalty of probation for seven to 12 months with a condition of violating probation being two to four months' suspension for a nonserious violation and four to 12 months' suspension for a serious violation, or revocation for the remainder of the license year and an additional period of one to three years.

The first de minimis violation is not considered a violation of probation.

History

• Adopted effective September 13, 1989 (Supp. 89-3). Renumbered from R3-10-506 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Article 6 REPEALED

Ariz. Admin. Code § R3-3-601 [REPEALED]

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-601 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2).

Ariz. Admin. Code § R3-3-602 [REPEALED]

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-602 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2).

Ariz. Admin. Code § R3-3-603 [REPEALED]

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-603 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2).

Ariz. Admin. Code § R3-3-604 [REPEALED]

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-604 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2).

Ariz. Admin. Code § R3-3-605 [REPEALED]

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-605 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2).

Ariz. Admin. Code § R3-3-606 [REPEALED]

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-606 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2).

Ariz. Admin. Code § R3-3-607 [REPEALED]

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-607 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2).

Ariz. Admin. Code § R3-3-608 [REPEALED]

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-608 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2).

Ariz. Admin. Code § R3-3-609 [REPEALED]

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-609 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2).

Ariz. Admin. Code § R3-3-610 [REPEALED]

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-610 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2).

Ariz. Admin. Code § R3-3-611 [REPEALED]

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-611 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2).

Ariz. Admin. Code § R3-3-612 [REPEALED]

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-612 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2).

Ariz. Admin. Code § R3-3-613 [REPEALED]

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-613 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2).

Ariz. Admin. Code § R3-3-614 [REPEALED]

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-614 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2).

Ariz. Admin. Code § R3-3-615 [REPEALED]

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-615 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2).

Ariz. Admin. Code § R3-3-616 [REPEALED]

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-616 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2).

Ariz. Admin. Code § R3-3-617 [REPEALED]

History

• Adopted effective November 20, 1987 (Supp. 87-4). Renumbered from R3-10-617 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2).

Article 7 PESTICIDE

Ariz. Admin. Code § R3-3-701 Definitions

In addition to the definitions in A.R.S. § 3-341, the following terms apply to this Article:

1. "Discontinuation" means when the registrant is no longer distributing a pesticide into Arizona.

2. "Pest" means, in addition to the pests declared in A.R.S. § 3-341(20), all birds, mammals, reptiles, amphibians, fish, slugs, snails, crayfish, roots, and plant parts.

3. "Official sample" means any sample of pesticide taken by the Associate Director, or the Associate Director's agent, and designated as official.

"Pest" means, in addition to the pests declared in A.R.S. § 3-341(20), all birds, mammals, reptiles, amphibians, fish, slugs, snails, crayfish, roots, and plant parts.

History

• Former rule 1; Former Section R3-3-01 repealed, new Section R3-3-01 adopted effective January 18, 1978 (Supp. 78-1). Amended effective December 29, 1978 (Supp. 78-6). Section R3-3-701 renumbered from R3-3-01 (Supp. 91-4). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-702 Pesticide Registration; Fee

A. Registration. Any person registering a pesticide shall comply with the ADEQ pre-registration requirements according to A.A.C. R18-6-102, prior to submitting a pesticide registration according to this Article, and provide the following documents and information on a form provided by the Department with a nonrefundable $100 fee for each pesticide, for each year of the registration:

1. The name, address, telephone number, and signature of the applicant;

2. The name and address of the company appearing on the label;

3. The tax identification number or Social Security number of an individual applying;

4. The date of the application;

5. The brand and name of the pesticide being registered;

6. The EPA registration number of the pesticide if applicable;

7. The analytical methods for any analyses of residues for the active ingredients of the pesticide, when requested by the Department;

8. The toxicological and safety data, when requested by the Department;

9. The name and telephone number of the person providing the analytical methods, and toxicological and safety data;

10. One pesticide label for any pesticide not previously registered;

11. The material safety data sheet for each pesticide; and

12. The license time-period option.

B. A pesticide registration is nontransferable, expires on December 31, and shall, at the option of the applicant, be valid for one or two years.

C. If an applicant elects a two-year pesticide registration, any additional pesticide registered during that two-year registration shall have the same registration end-date as any other pesticide currently registered by that applicant with the Department.

D. Notwithstanding subsection (A), during fiscal year 2020, a person registering a pesticide or renewing a pesticide registration shall pay a $100 fee for each pesticide for each year of registration.

History

• Former rule II; Former Section R3-3-02 renumbered and amended as Section R3-3-01, former Sections R3-3-11 and R3-3-12 renumbered and amended as Section R3-3-02 effective January 18, 1978 (Supp. 78-1). Amended subsection (C) effective January 1, 1979, subsection (D) effective January 1, 1982 (Supp. 78-6). Editorial corrections, subsection (B), paragraphs (6) through (9) (Supp. 79-6). Amended by deleting subsection (D) effective March 5, 1982 (Supp. 82-2). Section R3-3-702 renumbered from R3-3-02 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2). New Section adopted by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4). Amended by exempt rulemaking at 16 A.A.R. 1334, effective June 29, 2010 (Supp. 10-2). Amended by exempt rulemaking at 17 A.A.R. 1759, effective July 20, 2011 (Supp. 11-3). Amended by exempt rulemaking at 20 A.A.R. 2452, effective 7/24/2014. Amended by final exempt rulemaking at 23 A.A.R. 1940, effective 8/9/2017. Amended by final exempt rulemaking at 24 A.A.R. 2222, effective 8/3/2018. Amended by final exempt rulemaking at 25 A.A.R. 2084, effective 8/27/2019. Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-703 General Provisions

A. Discontinued pesticides. In addition to the requirements for discontinued pesticides established in A.R.S. § 3-351(K), any person holding a pesticide found in the channels of trade following the two-year discontinuation period shall be responsible to register or dispose of the pesticide.

B. Sampling.

1. The Associate Director, or the Associate Director's agent, may sample, inspect, and analyze any pesticide distributed within the state to determine whether the pesticide is in compliance with the provisions of this Article and laws pertaining to this Article, or if a complaint has been filed with the Department.

2. The analytical results of pesticide formulations as listed on a label shall comply with the allowed deviations listed in R3-3-704(B).

3. The results of an official analyses of any pesticide not in compliance with the allowed deviations listed in R3-3-704(B) shall be sent to the Associate Director, to the registrant, or other responsible person. Upon request, and within 30 days, the Associate Director shall provide the registrant or other responsible person a portion of the noncompliant pesticide sample.

C. Prohibited acts. No person shall purchase a pesticide to repackage the pesticide for distribution and sale without relabeling the repackaged container and complying with the provisions of FIFRA and 40 CFR §§ 156.3 et seq. (amended December 12, 2008, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-156) and 40 CFR §§ 157.20 et seq. (amended December 12, 2008, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-157). This material is incorporated by reference, is on file with the Department and includes no later amendments or additions.

History

• Section R3-3-703 renumbered from R3-3-03 (Supp. 91-4). New Section adopted by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-704 Labels

A. Within two weeks of a pesticide label revision, a registrant shall provide the Department with one pesticide label that has been revised since the pesticide was originally registered.

B. The Associate Director may request a copy of a pesticide label if the label on file is older than three years.

ALLOWED DEVIATIONS OF ANALYTICAL RESULTS FROM LABEL CLAIMS FOR ACTIVE INGREDIENTS IN PESTICIDE FORMULATIONS

C. Table of allowed deviations of analytical results from label claims for active ingredients in pesticide formulas is as follows:

| Claim % | HCV⁽¹⁾% | HSD⁽²⁾ | Allowed Deviations for "uniform"⁽³⁾ samples | Allowed Deviations for "non-uniform"⁽⁴⁾ samples | | | | --- | --- | --- | --- | --- | --- | --- | | Claim - 3HSD | Claim + 6HSD | Claim - 4HSD | Claim + 8HSD | | | | | 0.001 | 11.31 | 0.00011 | 0.00066 | 0.00168 | 0.00055 | 0.00191 | | 0.005 | 8.88 | 0.00044 | 0.0037 | 0.0077 | 0.0032 | 0.0086 | | 0.008 | 8.27 | 0.00066 | 0.0060 | 0.0120 | 0.0054 | 0.0133 | | 0.01 | 8.00 | 0.00080 | 0.0076 | 0.0148 | 0.0068 | 0.0164 | | 0.03 | 6.78 | 0.0020 | 0.024 | 0.042 | 0.022 | 0.046 | | 0.06 | 6.11 | 0.0037 | 0.049 | 0.082 | 0.045 | 0.089 | | 0.10 | 5.66 | 0.0057 | 0.083 | 0.13 | 0.077 | 0.145 | | 0.40 | 4.59 | 0.018 | 0.34 | 0.51 | 0.33 | 0.55 | | 0.80 | 4.14 | 0.033 | 0.70 | 1.00 | 0.67 | 1.06 | | 1.0 | 4.00 | 0.040 | 0.88 | 1.24 | 0.84 | 1.32 | | 2.0 | 3.60 | 0.072 | 1.78 | 2.43 | 1.71 | 2.58 | | 4.0 | 3.25 | 0.13 | 3.61 | 4.78 | 3.48 | 5.04 | | 6.0 | 3.05 | 0.18 | 5.45 | 7.10 | 5.27 | 7.47 | | 10.0 | 2.83 | 0.28 | 9.15 | 11.70 | 8.87 | 12.26 | | 15.0 | 2.66 | 0.40 | 13.80 | 17.39 | 13.40 | 18.19 | | 20.0 | 2.55 | 0.51 | 18.47 | 23.06 | 17.96 | 24.08 | | 25.0 | 2.46 | 0.62 | 23.15 | 28.70 | 22.54 | 29.93 | | 30.0 | 2.40 | 0.72 | 27.84 | 34.32 | 27.12 | 35.75 | | 35.0 | 2.34 | 0.82 | 32.54 | 39.92 | 31.72 | 41.56 | | 40.0 | 2.30 | 0.92 | 37.25 | 45.51 | 36.33 | 47.35 | | 45.0 | 2.26 | 1.01 | 41.96 | 51.09 | 40.94 | 53.12 | | 50.0 | 2.22 | 1.11 | 46.67 | 56.66 | 45.56 | 58.88 | | 60.0 | 2.16 | 1.30 | 56.11 | 67.78 | 54.82 | 70.37 | | 70.0 | 2.11 | 1.48 | 65.57 | 78.86 | 64.09 | 81.82 | | 80.0 | 2.07 | 1.65 | 75.04 | 89.93 | 73.38 | 93.24 | | 90.0 | 2.03 | 1.83 | 84.51 | 100.97 | 82.68 | 104.63 |

⁽¹⁾ HCV(%) = Horwitz Coefficients of Variation = 2 ^{(1 -0.5 log (claim %/100))}

⁽²⁾ HSD = Horwitz Standard Deviation = (Claim %) HCV %)/100

⁽³⁾ "Uniform" samples are homogeneous products which can be analyzed by established procedures. In most cases, validated analytical methods are available for these samples.

⁽⁴⁾ "Non-uniform" samples are non-homogeneous samples or products which are difficult to sample or subsample. These products may not be uniformly mixed or packaged and include some special formulations like natural products. These types of samples include fertilizer containing pesticides, pesticides in pressurized containers, strips, plastic bands, collars, grain and other carriers. Natural product formulations such as rotenone and pyrethrin are also included in this group. When it is necessary to use methods which are not validated for accuracy, precision, and reproducibility in a specific matrix, the "non-uniform" guidelines may be used for allowed deviations. The Department may use judgment in placing a sample into the "uniform" or "non-uniform" category.

History

• Former rule IV; Former Section R3-3-04 renumbered and amended as Section R3-3-01 effective January 18, 1978 (Supp. 78-1). Section R3-3-704 renumbered from R3-3-04 (Supp. 91-4). New Section adopted by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-705 Renumbered

History

• Former rule V; Repealed effective January 18, 1978 (Supp. 78-1). Section R3-3-705 renumbered from R3-3-05 (Supp. 91-4).

Ariz. Admin. Code § R3-3-706 Renumbered

History

• Former rule VI; Repealed effective January 18, 1978 (Supp. 78-1). Section R3-3-706 renumbered from R3-3-06 (Supp. 91-4).

Ariz. Admin. Code § R3-3-707 Renumbered

History

• Section R3-3-707 renumbered from R3-3-07 (Supp. 91-4).

Ariz. Admin. Code § R3-3-708 Renumbered

History

• Former rule VIII; Repealed effective January 18, 1978 (Supp. 78-1). Section R3-3-708 renumbered from R3-3-08 (Supp. 91-4).

Ariz. Admin. Code § R3-3-709 Renumbered

History

• Former Administrative rule 1; Repealed effective January 18, 1978 (Supp. 78-1). Section R3-3-709 renumbered from R3-3-09 (Supp. 91-4).

Ariz. Admin. Code § R3-3-710 Renumbered

History

• Section R3-3-710 renumbered from R3-3-10 (Supp. 91-4).

Ariz. Admin. Code § R3-3-711 Renumbered

History

• Adopted effective November 30, 1977 (Supp. 77-6). Former Section R3-3-11 renumbered and amended as Section R3-3-02 effective January 18, 1978 (Supp. 78-1). Section R3-3-711 renumbered from R3-3-11 (Supp. 91-4).

Ariz. Admin. Code § R3-3-712 Renumbered

History

• Adopted effective November 30, 1977 (Supp. 77-6). Former Section R3-3-12 renumbered and amended as Section R3-3-02 effective January 18, 1978 (Supp. 78-1). Section R3-3-712 renumbered from R3-3-12 (Supp. 91-4).

Article 8 FERTILIZER MATERIALS

Ariz. Admin. Code § R3-3-801 Definitions

In addition to terms and definitions in the Official Publication, which is incorporated by reference, on file with the Department, and does not include any later amendments or editions, and the definitions in A.R.S. § 3-262, the following term applies to this Article:

"Official Publication" means the "Official Publication - AAPFCO" of the Association of American Plant Food Control Officials, No. 76, 2023. A copy is available for inspection at the Department located at 1110 West Washington Street, Suite 450, Phoenix, AZ 85007, or online subscription may be purchased online at aapfco.org/publications.html.

History

• Former rule I; Former Section R3-3-21 repealed, former Section R3-3-24 renumbered and amended as Section R3-3-21 effective January 12, 1978 (Supp. 78-1). Amended effective March 23, 1979 (Supp. 79-2). Section R3-3-801 renumbered from R3-3-21 (Supp. 91-4). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-802 Licensure; Specialty Fertilizer Registration; Fees

A. Commercial fertilizer license. Any person applying for a commercial fertilizer license, under A.R.S. § 3-272, to manufacture or distribute commercial fertilizer, shall provide the following information on the license application provided by the Department with a nonrefundable fee of $125 for each year of the license:

1. The following information on the license application provided by the Department:

2.1. The name, title, and signature of the applicant;

3.2. The date of the application;

4.3. The distributor or manufacturer name, mailing address, telephone, and email address;

5.4. The tax identification number or Social Security number of an individual applying;

6.5. The physical location, telephone, and email address of the distributor or manufacturer, if different than subsection (A)(3);

7.6. The name, address, telephone, and email address of the distributor or manufacturer where inspection fees are paid, if different than subsection (A)(3); and

8.7. The license time-period option.

B. A commercial fertilizer license is nontransferable, expires on June 30, and shall, at the option of the applicant, be valid for one or two years.

C. Specialty fertilizer registration.

1. Any manufacturer or distributor whose name appears on a specialty fertilizer label shall provide the following information to the Department with a nonrefundable fee of $50 per brand and grade of specialty fertilizer for each year of the registration:

a. The name, address, telephone number, email address and signature of the applicant;

b. The name and address of the company on the label;

c. The date of the application;

d. The grade, brand, and name of the specialty fertilizer;

e. The current specialty fertilizer label; and

f. The registration time-period option.

2. A specialty fertilizer registration is nontransferable, expires on June 30, and shall, at the option of the applicant, be valid for one or two years.

3. If an applicant elects a two-year specialty fertilizer registration, any additional fertilizer registered during that two-year registration shall have the same registration end-date as other fertilizer currently registered by that applicant with the Department.

D. During fiscal year 2011, notwithstanding subsection (C)(1), the nonrefundable fee per brand and grade of specialty fertilizer is $40.

History

• Former rule II; Former Section R3-3-22 repealed, former Section R3-3-25 renumbered and amended as Section R3-3-22 effective January 12, 1978 (Supp. 78-1). Section R3-3-802 renumbered from R3-3-22 (Supp. 91-4). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4). Amended by exempt rulemaking at 16 A.A.R. 2026, effective September 21, 2010 (Supp. 10-3). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-803 Tonnage Reports; Inspection Fee

A. Quarterly tonnage reports and inspection fee.

1. The inspection fee for all commercial fertilizers, including specialty fertilizers, sold or distributed in Arizona is 25¢ per ton. The tonnage shall be rounded to the nearest whole ton.

2. Any applicant applying for and receiving a new license after March 15, June 15, September 15, or December 15 is not required to file a quarterly tonnage report for the quarter in which the license application is issued. Any commercial fertilizer distributed in the final two weeks of the initial application quarter shall be included on the next full quarterly report. Any person who distributed commercial fertilizer without a license as required under A.R.S. § 3-272 shall pay all past due inspection fees and late penalties before a license is issued.

3. Any licensee not estimating annual tonnage shall file the following information on a quarterly statement provided by the Department no later than the last day of January, April, July, and October of each year for the preceding calendar quarter and pay the inspection fees and any penalties, if applicable:

a. If the inspection fee is being passed on to the purchaser:

i. The assigned number and name of the currently licensed company;

ii. The commercial fertilizer by code or grade;

iii. The amount of commercial fertilizer in whole tons;

iv. The name, title, telephone number, and signature of the licensee or the licensee's authorized representative; and

v. The date of the report.

b. If the licensee pays tonnage fees for the distribution of a commercial fertilizer:

i. The grade;

ii. The amount of commercial fertilizer distribution by county;

iii. If the commercial fertilizer is dry, whether it is a bulk agricultural product, a bagged agricultural product, or a non-agricultural product;

iv. If the commercial fertilizer is liquid, whether it is an agricultural or non-agricultural product;

v. The name, title, telephone number, and signature of the licensee or the licensee's authorized representative; and

vi. The date of the report.

B. Estimated tonnage report. A licensee may estimate the annual fertilizer material tonnage if it is 400 tons or less per year and the licensee does not pass the inspection fee responsibility to the purchaser.

1. The licensee shall submit the estimated annual commercial fertilizer tonnage report to the Department with the annual inspection fee no later than July 31 of each year. The tonnage report shall contain:

a. The estimated tonnage of commercial fertilizer to be distributed;

b. The grade;

c. The amount of distribution by county;

d. If the commercial fertilizer is dry, whether it is a bulk agricultural product, a bagged agricultural product, or a non-agricultural product;

e. If the commercial fertilizer is liquid, whether it is an agricultural or non-agricultural product;

f. The name, title, telephone number, and signature of the licensee or the licensee's authorized representative; and

g. The date of the report.

2. The licensee shall submit the inspection fee according to subsection (A)(1), which shall be for the amount declared in subsection (B)(1)(a), but not less than $8 per year. The fee must be included with the annual tonnage report submitted to the Department no later than July 31 of each year. Adjustments for overestimates or underestimates for a licensee with 400 tons or less of actual tonnage sales shall be made on the next year's estimating form. Adjustments of underestimates of licensees with actual tonnage sales more than 400 tons shall be made no later than July 31 of each year.

The licensee shall verify the accuracy of the previous year's tonnage estimates to actual tonnage sales and submit the tonnage verification no later than July 31 of each year.

4. Overestimation of tonnage.

a. The Department shall not refund any inspection fee based on an overestimation if the licensee does not re-license in the subsequent year;

b. If a licensee applies for a license in the subsequent year, the Department shall apply any overestimation to the subsequent year's tonnage fees.

C. During fiscal year 2011, notwithstanding subsection (A)(1), the inspection fee for all commercial fertilizers, including specialty fertilizers, sold or distributed in Arizona is $0.10 per ton. The tonnage must be rounded to the nearest whole ton.

History

• Former rule III; Former Section R3-3-23 repealed, former Section R3-3-32 renumbered as Section R3-3-23 effective January 12, 1978 (Supp. 78-1). Amended effective March 23, 1979 (Supp. 79-2). Section R3-3-803 renumbered from R3-3-23 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2). New Section adopted by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4). Amended by exempt rulemaking at 16 A.A.R. 2026, effective September 21, 2010 (Supp. 10-3). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-804 General Provisions

A. Labeling.

1. The grade numbers for primary nutrients that accompany the brand name of a commercial fertilizer shall be listed on the label in the following order: total nitrogen, available phosphate, and soluble potash. Other guaranteed nutrient values shall not be included with the grade numbers unless:

a. The guaranteed nutrient value follows the grade number;

b. The guaranteed nutrient value is immediately preceded with the name of the claimed nutrient to which it refers in the guaranteed analysis; and

c. The name printed on the label is as prominent as the numbers.

2. The materials from which claimed nutrients are derived shall be listed on the label.

3. No grade is required for fertilizer materials that claim no primary plant nutrient (i.e., 0-0-0).

4. All guaranteed nutrients, except phosphate and potash, shall be stated in terms of elements.

5. The label shall include the brand name of a fertilizer. Misleading or confusing numerals shall not be used in the brand name on the label.

6. Fertilizer material not defined in the Official Publication may be used as fertilizer material if a definition or other method of analysis and agronomic data for fertilizer material is approved by the Associate Director.

B. Claims and misleading statements.

1. Any nutrient claimed as a fertilizer material shall be accompanied by a minimum guarantee for the nutrient. An ingredient shall not be claimed as a nutrient unless a laboratory method of analysis approved by the Associate Director exists for the nutrient.

2. Scientific data supporting the claim of improved efficacy or increased productivity shall be made available for inspection to the Associate Director upon request.

3. If the name of a fertilizer material is used as part of a fertilizer brand name, such as blood, bone or fish, the guaranteed nutrients shall be derived from or supplied entirely by the named fertilizer material.

4. Fertilizer material subject to this Article and applicable laws shall not bear false or misleading statements.

C. Deficiencies.

1. The value of a nutrient deficiency in a fertilizer material shall take into account total value of all nutrients at the guaranteed level and the price of the fertilizer material at the time of sale.

2. A deficiency in an official sample of mixed fertilizer resulting from non-uniformity is not distinguishable from a deficiency due to actual plant nutrient shortage and is subject to official action.

D. All investigational allowances shall be conducted as prescribed in the Official Publication.

E. Leased fertilizer material storage containers shall be clearly labeled with the following:

1. Grade numbers;

2. Brand name, if applicable; and

3. The statement, "Leased by (Name and address of lessor) to (Name and address of lessee)."

C. During fiscal year 2011, notwithstanding subsection (A)(1), the inspection fee for all commercial fertilizers, including specialty fertilizers, sold or distributed in Arizona is $0.10 per ton. The tonnage must be rounded to the nearest whole ton.

History

• Former rule IV; Former Section R3-3-24 renumbered and amended as Section R3-3-21, new Section R3-3-24 adopted effective January 12, 1978 (Supp. 78-1). Section R3-3-804 renumbered from R3-3-24 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2). New Section adopted by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-805 [REPEALED]

History

• Former rule V; Former Section R3-3-25 renumbered and amended as Section R3-3-22, new Section R3-3-25 adopted effective January 12, 1978 (Supp. 78-1). Section R3-3-805 renumbered from R3-3-25 (Supp. 91-4). Section repealed by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4).

Ariz. Admin. Code § R3-3-806 [REPEALED]

History

• Former rule VI; Former Section R3-3-26 repealed, new Section R3-3-26 adopted effective January 12, 1978 (Supp. 78-1). Section R3-3-806 renumbered from R3-3-26 (Supp. 91-4). Section repealed by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4).

Ariz. Admin. Code § R3-3-807 [REPEALED]

History

• Former rule VII; Former Section R3-3-27 repealed, new Section R3-3-27 adopted effective January 12, 1978 (Supp. 78-1). Section R3-3-807 renumbered from R3-3-27 (Supp. 91-4). Section repealed by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4).

Ariz. Admin. Code § R3-3-808 [REPEALED]

History

• Former rule VIII; Former Section R3-3-28 repealed effective January 12, 1978 (Supp. 78-1). New Section R3-3-28 adopted effective March 23, 1979 (Supp. 79-2). Section R3-3-808 renumbered from R3-3-28 (Supp. 91-4). Section repealed by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4).

Ariz. Admin. Code § R3-3-809 [REPEALED]

History

• Former rule IX; Former Section R3-3-29 repealed effective January 12, 1978 (Supp. 1). New Section R3-3-29 adopted effective March 23, 1979 (Supp. 79-2). Section R3-3-809 renumbered from R3-3-29 (Supp. 91-4). Section repealed by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4).

Ariz. Admin. Code § R3-3-810 [REPEALED]

History

• Former rule X; Former Section R3-3-30 repealed effective January 12, 1978 (Supp. 78-1). New Section R3-3-30 adopted effective March 23, 1979 (Supp. 79-2). Section R3-3-810 renumbered from R3-3-30 (Supp. 91-4). Section repealed by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4).

Ariz. Admin. Code § R3-3-811 [REPEALED]

History

• Former Administrative rule 1; Amended effective December 14, 1979 (Supp. 79-6). Section R3-3-811 renumbered from R3-3-31 (Supp. 91-4). Section repealed by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4).

Ariz. Admin. Code § R3-3-812 Renumbered

History

• Adopted effective August 31, 1977 (Supp. 77-4). Former Section R3-3-32 renumbered as Section R3-3-23 effective January 12, 1978 (Supp. 78-1). Section R3-3-812 renumbered from R3-3-32 (Supp. 91-4).

Article 9 COMMERCIAL FEED

Ariz. Admin. Code § R3-3-901 Definitions

In addition to the definitions in A.R.S. § 3-2601, the following terms apply to this Article:

1. "Commercial feed" means all materials, except whole seeds unmixed or physically altered entire unmixed seeds, that are distributed for use as feed or for mixing in feed. Commercial feed includes raw agricultural commodities distributed for use as feed or for mixing in feed when the commodities are adulterated within the meaning of section 3-2611. A.R.S. § 3-2601(3)

2. "Lot" means any distinct, describable, and measurable quantity that contains no more than 100 tons.

3. "Official Publication" means the Official Publication of the Association of American Feed Control Officials, effective January 1, 1999. Copies may be purchased from the Assistant Secretary/Treasurer, P.O. Box 478, Oxford, IN 47971. "Official Publication" means the publication "Official Publication " (2023), that contains the latest approved documents of the Association of American Feed Control Officials. This material is incorporated by reference, is on file with the Department and includes no later amendments or additions. A copy is available for inspection at the Department located at 1110 West Washington Street, Suite 450, Phoenix, AZ 85007, or online subscription may be purchased online at https://www.aafco.org/Publications.

"Pneumatic probe sampler" means a device for taking samples of grain and other particulate material from the bottom of a bin comprises two concentric tubes spaced sufficiently apart to permit passage of the material when entrained in a stream of air. The outer longer tube has a serrated edge to enable it to penetrate dense sections, while the inner, shorter tube is provided with helical vanes. Air, blown down the outer tube is caused to swirl in a vortex by the helical vanes, thereby entraining material lodged near the bottom of the outer tube. The air, together with entrained material, passes up the inner tube and is conducted to a cyclone separator to recover the sample. (U.S. Patent, US3580084A, May 25, 1971, Expired)

History

• Former rule I; Former Section R3-3-41 renumbered and amended as Section R3-3-42, new Section R3-3-41 adopted effective January 12, 1978 (Supp. 78-1). Amended effective April 13, 1978 (Supp. 78-2). Amended effective February 3, 1981 (Supp. 81-1). Section R3-3-901 renumbered from R3-3-41 (Supp. 91-4). Amended by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-902 Licensure; Fee; Ammoniation

A. Any person applying for a commercial feed license to manufacture or distribute commercial feed shall provide the following information and a nonrefundable fee of $10 for each year of the license:

1. A copy of the label of each commercial feed product intended for distribution within the state or not already filed by the applicant with the Department; and

2. The following information on the license application provided by the Department:

a. The name, title, and signature of the applicant;

b. The distributor or manufacturer name, mailing address, telephone, and email address;

c. The tax identification number or Social Security number of an individual applying;

d. The date of the application;

e. The physical location, telephone, and email address of the distributor or manufacturer, if different than subsection (A)(2)(b);

f. The name, address, telephone, and email address of the distributor or manufacturer where inspection fees are paid, if different than subsection (A)(2)(b); and

g. The license time-period option.

B. A commercial feed license is nontransferable, expires on June 30, and shall, at the option of the applicant, be valid for one or two years.

C. Ammoniation. Any person who ammoniates feed or feed material for distribution or sale shall obtain a commercial feed license and is responsible for all testing, labeling, or other requirements pertaining to commercial feed, unless the feed is ammoniated on the premises of the person using the ammoniated feed.

History

• Former rule II; Former Section R3-3-42 renumbered and amended as Section R3-3-43, former Section R3-3-41 renumbered and amended as Section R3-3-42 effective January 12, 1978 (Supp. 78-1). Section R3-3-902 renumbered from R3-3-42 (Supp. 91-4). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-903 Tonnage Reports; Inspection Fee

A. Quarterly tonnage report and inspection fee.

1. The inspection fee for all commercial feed sold or distributed in Arizona is 20¢ per ton. The tonnage shall be rounded to the nearest whole ton.

2. Any applicant applying for and receiving a new license after March 15, June 15, September 15, or December 15 is not required to file a quarterly tonnage report for the quarter in which the license application is issued, but shall report the tonnage on the following quarterly tonnage report. Any person who distributed commercial feed without a license as required under A.R.S. § 3-2609 shall pay all past due inspection fees and late penalties before a license is issued.

3. Any licensee not estimating annual tonnage shall file the following information on a quarterly statement provided by the Department no later than the last day of January, April, July, and October of each year for the preceding calendar quarter and pay the inspection fees and any penalties, if applicable:

a. If the inspection fee is being passed on to the purchaser:

i. The commercial feed license number issued according to this Article and name of the currently licensed company;

ii. The amount of commercial feed in whole tons and by type, indicating whether the commercial feed is bagged or bulk;

iii. The name, title, telephone number, and signature of the licensee or the licensee's authorized representative; and

iv. The date of the report.

b. If the licensee pays a tonnage fee for the distribution of a commercial feed:

i. The amount of commercial feed in whole tons and by type, indicating whether the commercial feed is bagged or bulk;

ii. The name, title, telephone number, and signature of the licensee or the licensee's authorized representative; and

iii. The date of the report.

B. Estimated tonnage report. A licensee may estimate the annual commercial feed tonnage if it is 400 tons or less per year and the licensee does not pass the inspection fee responsibility to the purchaser.

1. The licensee shall submit the estimated annual commercial feed tonnage report to the Department with the annual inspection fee no later than July 31 of each year. The tonnage report shall contain:

a. The estimated tonnage of commercial feed to be distributed;

b. The amount of commercial feed in whole tons and by type, indicating whether the commercial feed is bagged or bulk;

c. The name, title, telephone number, and signature of the licensee or the licensee's authorized representative; and

d. The date of the report.

2. The licensee shall submit the inspection fee according to subsection (A)(1), which shall be for the amount declared in subsection (B)(1)(a), but not less than $8 per year. The fee must be included with the annual tonnage report submitted to the Department no later than July 31 of each year. Adjustments for overestimates or underestimates for licensees with 400 tons or less of actual tonnage sales shall be made on the next year's estimating form. Adjustments of underestimates of licensees with actual tonnage sales more than 400 tons shall be made no later than July 31 of each year.

3. The licensee shall verify the accuracy of the previous year's tonnage estimates to actual tonnage sales and submit the tonnage verification no later than July 31 of each year.

4. Overestimation of tonnage.

a. The Department shall not refund any inspection fee based on an overestimation if the licensee does not re-license in the subsequent year;

b. If a licensee applies for a license in the subsequent year, the Department shall apply any overestimation to the subsequent year's tonnage fees.

History

• Former rule III; Former Section R3-3-43 renumbered and amended as Section R3-3-44, former Section R3-3-42 renumbered and amended as Section R3-3-43 effective January 12, 1978 (Supp. 78-1). Amended effective February 3, 1981 (Supp. 81-1). Section R3-3-903 renumbered from R3-3-43 (Supp. 91-4). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-904 Milk and Milk Products Decharacterized for Use as Commercial Feed

A. A person shall not sell, offer for sale, store, transport, receive, trade or barter, any milk or milk product for commercial feed unless the milk or milk product:

1. Meets Grade A milk standards as specified in A.A.C. R3-2-802;

2. Is produced as prescribed in A.A.C. R3-2-805; or

3. Is decharacterized with food coloring approved under the Federal Food, Drug, and Cosmetic Act, according to 21 CFR §§ 73.1 et seq. (amended November 10, 2022, https://www.ecfr.gov/current/title-21/chapter-I/subchapter-A/part-73) and 21 CFR §§ 74.101 et seq. (amended April 5, 1993, https://www.ecfr.gov/current/title-21/ chapter-I/subchapter-A/part-74/subpart-A). This material is incorporated by reference, is on file with the Department and does not include any later amendments or editions, and the decharacterization:

a. Does not affect nutritive value; and

b. Matches the color on the Color Requirement card. Any person decharacterizing milk and milk products may obtain a Color Requirement card from the Arizona Department of Agriculture, at 1010 W. Washington Street, Phoenix, Arizona 85007, or by requesting by mail at 1802 West Jackson Street, #78, Phoenix Arizona 85007.

B. Labeling. All milk or milk product commercial feed labels shall be approved by the Associate Director before use.

1. The principal display panel of a decharacterized milk or milk product commercial feed container shall prominently state "WARNING - NOT FOR HUMAN CONSUMPTION" in capital letters. The letters shall be at least 1/4 inch on containers of 8 oz. or less and at least 1/2 inch on all other containers.

2. The container label shall also bear the statement "This product has not been pasteurized and may contain harmful bacteria" in letters at least 1/8 inch in height.

C. Milk or milk products intended for commercial feed shall not be displayed, sold, or stored at premises where food is sold or prepared for human consumption, unless it meets Grade A standards or is decharacterized and properly labeled as required in subsection (B).

History

• Former rule IV; Former Section R3-3-44 repealed, former Section R3-3-43 renumbered and amended as Section R3-3-44 effective January 12, 1978 (Supp. 78-1).Amended effective February 3, 1981 (Supp. 81-1). Amended effective July 20, 1984 (Supp. 84-4). Section R3-3-904 renumbered from R3-3-44 (Supp. 91-4). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-905 Labeling; Precautionary Statements

A. Ingredient statement.

1. Each ingredient or collective term for the grouping of ingredients not defined in the Official Publication shall be a common name.

2. All labels for commercial feed and customer-formula feed containing cottonseed or a cottonseed product shall separately list the ingredients in the ingredient statement in addition to any collective term listed.

B. Labeling and expression of guarantees.

1. All labeling and expression of guarantees shall comply with the commercial feed-labeling guide, medicated commercial feed labeling, and expression of guarantees requirements prescribed in the Official Publication.

2. All feed with an expired "use by" or "expiration" date shall be removed from consumer access, and are not permitted for sale.

23. The label shall include the brand or product name, and shall indicate the intended use of the feed. The label shall not contain any false or misleading statements.

34. Directions for use and precautionary statements.

a. All labeling of whole cottonseed, commercial feed, and customer-formula feed containing any additive (including drugs, special purpose additives, or non-nutritive additives) shall clearly state its safe and effective use. The directions shall not require special knowledge of the purpose and use of the feed.

b. Directions for use and precautionary statements shall be provided for feed containing non-protein nitrogen as specified in R3-3-906.

c. All whole cottonseed or commercial feed, and customer-formula feed delivered to the consumer shall be accompanied by an accurate label, invoice, weight ticket or other documentation approved by the Department. The documentation shall be left with the consumer and shall contain the following:

i. "This feed contains 20 or less ppb aflatoxin and may be fed to any animal;" or

ii. "WARNING: This feed contains more than 20 ppb but not more than 300 ppb aflatoxin and shall not be fed to lactating animals whose milk is intended for human consumption."?

iii. "DANGER: This feed has not been tested for aflatoxin and shall not be used as a feed until tested and found compliant with all state laws."?

d. A distributor of whole cottonseed or cottonseed product intended for further processing, planting seed, or for any other purpose approved by the Director, shall document in writing to the Department that:

i. The lot of whole cottonseed or cottonseed product will not be used as commercial feed until the lot is tested and compliant with all state laws; and

ii. The documentation prescribed in subsection (B)(3)(c) is not required.

e. The distributor shall maintain the documentation for one year.

f. The lot of whole cottonseed or cottonseed product shall be labeled as follows: "WARNING: This material has not been tested for aflatoxin and shall not be distributed for feed or fed to any animal until tested and brought into full compliance with all state laws."

History

• Former rule V; Former Section R3-3-45 repealed, new Section R3-3-45 adopted effective January 12, 1978 (Supp. 78-1). Amended effective February 3, 1981 (Supp. 81-1). Amended effective July 20, 1984 (Supp. 84-4). Section R3-3-905 renumbered from R3-3-45 (Supp. 91-4). Amended by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-906 Non-protein Nitrogen

A. Urea and other non-protein nitrogen products are acceptable ingredients in commercial feed for ruminant animals as a source of equivalent crude protein.

1. If commercial feed contains more than 8.75% of equivalent crude protein from all forms of non-protein nitrogen or if the equivalent crude protein from all forms of non-protein nitrogen exceeds 1/3 of the total crude protein, the label shall include directions for the safe use of the feed and the following precautionary statement: "Caution: Use as Directed."

2. The directions for use and the precautionary statement shall be printed and placed on the label so that an ordinary person under customary conditions of purchase and use can read and understand the directions.

B. Non-protein nitrogen products are acceptable ingredients in commercial feeds distributed to non-ruminant animals as a source of nutrients other than equivalent crude protein. The maximum equivalent crude protein from non-protein nitrogen sources in non-ruminant rations shall not exceed 1.25% of the total daily ration.

C. A medicated feed label shall contain feeding directions or precautionary statements, or both, with sufficient information to ensure that the feed is properly used.

History

• Former rule VI; Former Section R3-3-46 repealed, new Section R3-3-46 adopted effective January 12, 1978 (Supp. 78-1). Amended effective January 29, 1979 (Supp. 79-1). Amended effective February 3, 1981 (Supp. 81-1). Amended effective July 20, 1984 (Supp. 84-4). Section R3-3-906 renumbered from R3-3-46 (Supp. 91-4). Amended by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4).

Ariz. Admin. Code § R3-3-907 [REPEALED]

History

• Former rule VII; Former Section R3-3-47 repealed, former Section R3-3-54 renumbered as Section R3-3-47 effective January 12, 1978 (Supp. 78-1). Amended by adding subsection (F) effective July 20, 1984 (Supp. 84-4). Section R3-3-907 renumbered from R3-3-47 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2).

Ariz. Admin. Code § R3-3-908 [REPEALED]

History

• Former rule VIII; Former Section R3-3-48 repealed, new Section R3-3-48 adopted effective January 12, 1978 (Supp. 78-1). Amended for spelling correction, subsection (E), effective January 29, 1979 (Supp. 79-1). Amended by adding subsection (J) effective July 20, 1984 (Supp. 84-4). Section R3-3-908 renumbered from R3-3-48 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2).

Ariz. Admin. Code § R3-3-909 [REPEALED]

History

• Former rule IX; Former Section R3-3-49 repealed, new Section R3-3-49 adopted effective Jan. 12, 1978 (Supp. 78- 1). Amended by adding subsection (D) effective February 3, 1981 (Supp. 81-1). Amended effective July 20, 1984 (Supp. 84-4). Section R3-3-909 renumbered from R3-3-49 (Supp. 91-4). Section repealed by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4).

Ariz. Admin. Code § R3-3-910 Drug and Feed Additives

A. Drug and feed additive approval.

1. Before a label is approved by the Associate Director for commercial feed containing additives (including drugs, other special purpose additives, or non-nutritive additives), the distributor may be required to submit evidence demonstrating the safety and efficacy of the commercial feed when used according to the label directions if the material is not recognized as a commercial feed.

2. If a complaint has been filed with the Department, the distributor may be required to submit evidence demonstrating the safety and efficacy of the commercial feed when used according to the label directions.

B. Evidence of safety and efficacy of a commercial feed may be:

1. If the commercial feed containing additives conforms to the requirements of "Food Additives Permitted in Feed and Drinking" in the Official Publication; or

2. If the commercial feed is a substance generally recognized as safe and is defined in the Official Publication or listed as a "Substances Generally Recognized as Safe in Animal Feeds" in the Official Publication.

History

• Former rule X; Former Section R3-3-50 repealed, new Section 3-3-50 adopted effective January 12, 1978 (Supp. 78- 1). Amended effective July 20, 1984 (Supp. 84-4). Section R3-3-910 renumbered from R3-3-50 (Supp. 91-4). Amended by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-911 [REPEALED]

History

• Former rule XI: Former Section R3-3-51 repealed, new Section R3-3-51 adopted effective January 12, 1978 (Supp. 78- 1). Amended effective July 20, 1984 (Supp. 84-4). Section R3-3-911 renumbered from R3-3-51 (Supp. 91-4). Section repealed by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4).

Ariz. Admin. Code § R3-3-912 [REPEALED]

History

• Former rule XII: Former Section R3-3-52 repealed. New Section R3-3-52 adopted effective January 12, 1978 (Supp. 78-1). Section R3-3-912 renumbered from R3-3-52 (Supp. 91-4). Section repealed by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4).

Ariz. Admin. Code § R3-3-913 Sampling Methods

A. Sampling commercial feed. The methods of sampling commercial feed shall comply with the procedures established in the Official Method, 965.16 Sampling of Animal Feed, in the " Official Methods of Analysis of AOAC International, 22nd Edition (2023) ", which is incorporated by reference, on file with the Department, and does not include any later amendments or editions of the incorporated matter. Copies are available for inspection at the Department located at 1110 West Washington Street, Suite 450, Phoenix, AZ 85007, or may be purchased from AOAC International, 2275 Research Boulevard, Suite 300, Rockville, Maryland 20850, or by purchasing a print copy or subscribing online at https://mem-bers.aoac.org/bookstore/.

B. Sampling whole cottonseed.

1. Sample size - A gross sample not less than 30 pounds shall be taken from a lot. The gross sample shall consist of not less than 10 probes evenly spaced or 10 stream sample passes taken following the procedure prescribed in subsection (B)(4)(b).

2. Sample container - The sample container shall consist of a clean cloth, burlap, or paper or plastic mesh bags. The sample shall be delivered to the laboratory within 48 hours (excluding weekends and holidays), stored in a dry, well-aerated location, and the results of the analysis reported by a certified laboratory within five working days from receipt of sample.

3. Sampling equipment. Sampling equipment includes:

a. Scale, graduated in one-half pound increments, and any of the following:

b. Corkscrew trier, approximately 50 inches in length and capable of taking at least a three-pound sample,

c. Pneumatic probe sampler,

d. Stream sampler: A container at least 8 inches x 5 inches x 5 1/2 inches attached to a pole that enables the sampler to pass the container through falling streams of cottonseed,

e. Automatic stream samplers or other sampling equipment if scientific data documenting its ability to obtain a representative sample is approved by the Associate Director,

f. Canister style shop vacuum system of no less than 1.5 hp capable of holding 12 gallons, modified to hold a 15 ft. length of vacuum hose attached to a 13 ft. length of 3/4 inch PVC pipe.

4. Sampling procedure.

a. If a corkscrew trier or pneumatic probe sampler is used, at least 10 evenly spaced probes shall be taken per lot. The probed samples shall be taken according to the following patterns:

Click here to view

The probes shall penetrate at least 50 inches, and at least two of the 10 probes per sample shall reach the bottom of the lot being sampled. The probe shall be inserted at an angle perpendicular to the face of the lot.

b. If a canister style shop vacuum system is used, at least 15 evenly spaced probes shall be taken per lot. The sampling patterns specified in subsection (B)(4)(a) shall be modified to allow for the additional samples.

c. Stream samples shall be taken while the cottonseed is being discharged, if there is a uniform discharge flow over a set period of time. The sample shall consist of at least 10 evenly timed and spaced passes through the discharge flow, resulting in the sample size specified in subsection (B)(1).

d. The gross sample shall be weighed to the nearest 1/2 pound but shall not be reduced in size. If any gross sample does not meet the minimum 30 pound weight, that gross sample shall be discarded and the sampling procedure repeated from the beginning. If the canister style shop vacuum gross sample is not at least 10 pounds, the sample shall be discarded and the sampling procedure repeated from the beginning.

e. The Associate Director shall approve any modified sampling procedure if scientific data is provided that documents that representative samples will be obtained through the modified sampling procedure.

History

• Former Administrative Rule 1. Former Section R3-3-53 repealed effective January 12, 1978 (Supp. 78-1). New Section R3-3-53 adopted as an emergency effective October 10, 1978, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 78-5). Amended as an emergency effective October 11, 1978, pursuant to A. R. S. § 41-1003, valid for only 90 days (Supp. 78-5). New Section R3-3-53 adopted effective February 3, 1981 (Supp. 81-1). Amended effective July 20, 1984 (Supp. 84-4). Section R3-3-913 renumbered from R3-3-53 (Supp. 91-4). Patterns omitted in Supp. 98-4 under subsection (C)(4)(a) have been corrected to reflect filed rules (Supp. 99-1). Amended by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-914 [REPEALED]

History

• Adopted effective August 31, 1977 (Supp. 77-4). Former Section R3-3-54 renumbered as Section R3-3-47 effective January 12, 1978 (Supp. 78-1). New Section R3-3-54 adopted as an emergency effective October 10, 1978, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 78-5). New Section R3-3-54 adopted effective February 3, 1981 (Supp. 81-1). Amended effective July 20, 1984 (Supp. 84-4). Section R3-3-914 renumbered from R3-3-54 (Supp. 91-4). Section repealed by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4).

Ariz. Admin. Code § R3-3-915 [REPEALED]

History

• Adopted effective December 14, 1979 (Supp. 79-6). Section R3-3-915 renumbered from R3-3-55 (Supp. 91-4). Section repealed by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4).

Ariz. Admin. Code § R3-3-916 [REPEALED]

History

• Adopted effective July 20, 1994 (Supp. 84-4). Section R3-3-916 renumbered from R3-3-56 (Supp. 91-4). Section repealed by final rulemaking at 5 A.A.R. 4419, effective November 3, 1999 (Supp. 99-4).

Article 10 AGRICULTURAL SAFETY

Ariz. Admin. Code § R3-3-1001 Definitions

In addition to the definitions set forth in A.R.S. § 3-3101 and as defined in the federal regulations under 40 CFR § 170.305 (as amended October 30, 2020, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170/subpart-D/section-170.305 This material is incorporated by reference, is on file with the Department and does not include any later amendments or editions), the following terms apply to this Article:

1. "Agricultural emergency" means a sudden occurrence or set of circumstances that:

a. An agricultural employer could not have anticipated and over which the agricultural employer has no control,

b. Requires entry into a treated area during a restricted-entry interval, and

c. No alternative practices would prevent or mitigate a substantial economic loss.

2. "Agricultural employer" means any person, including a farm labor contractor, who hires or contracts for the services of workers for any type of compensation, to perform activities related to the production of agricultural plants, or any person who is an owner of, or is responsible for, the management or condition of an agricultural establishment that uses agricultural workers.

3. "Agricultural establishment" means any farm, forest, nursery, or greenhouse using pesticide products that are required by label to be used in accordance with the federal worker protection standards. An establishment is exempt from the requirements of this Article if the establishment uses only products that do not have a federal worker protection statement on the label.

4. "Agricultural plant" means any plant grown or maintained for commercial or research purposes and includes:

a. Food, feed, and fiber plants;

b. Trees;

c. Turfgrass;

d. Flowers, shrubs;

e. Ornamentals; and

f. Seedlings.

5. "Chemigation" means the application of pesticides through irrigation systems.

6. "Consultation" means an on-site visit by, or a response to an inquiry from, the Agricultural Consulting and Training program personnel, pursuant to A.R.S. § 3-109.01, to review agricultural practices and obtain documented non-regulatory advice to help ensure compliance with the issues addressed.

7. "De minimis violation" means a condition or practice which, although undesirable, has no direct or immediate relationship to safety or health (A.R.S. § 3-3101(2) ).

8. "Early entry" means any worker or handler entering a treated area after a pesticide is applied to a location on the agricultural establishment and before the expiration of the restricted-entry interval.

9. "Farm labor contractor" means any person who hires or contracts for the services of workers for any type of compensation, to perform activities related to the production of agricultural plants, but does not own or is not responsible for, the management or condition of an agricultural establishment.

10. "Flagger" means a person who indicates an aircraft spray swath width from the ground.

11. "Gravity based penalty" means an unadjusted penalty calculated for each violation, or combined or grouped violations, by adding the gravity factor to the other penalty factors.

12. "Handler" means any person, including a self-employed person:

a. Who is employed for any type of compensation by an agricultural establishment or commercial pesticide handling establishment to which this Article applies and who does any of the following:

i. Mixing, loading, transferring, or applying pesticides;

ii. Disposing of pesticides, or non-triple rinsed or equivalent pesticide containers;

iii. Handling open containers of pesticides;

iv. Acting as a flagger;

v. Cleaning, adjusting, handling, or repairing any part of mixing, loading, or application equipment that may contain pesticide residue;

vi. Assisting with the application of pesticides;

vii. Entering a greenhouse or other enclosed area after the pesticide application and before either the inhalation exposure level listed in the labeling is reached or any of the ventilation criteria in R3-3-1002 or in the labeling has been met to operate ventilation equipment, adjust or remove coverings used in fumigation, or monitor air levels.

viii. Entering a treated area outdoors after pesticide application of any soil fumigant to adjust or remove soil coverings.

ix. Performing tasks as a pest control advisor during any pesticide application.

b. The term handler does not include:

i. Any person who handles only pesticide containers that are emptied or cleaned according to pesticide product labeling instructions or, in the absence of labeling instructions, are triple-rinsed or its equivalent;

ii. Any person who handles only pesticide containers that are unopened; or

iii. Any person who repairs, cleans, or adjusts the pesticide application equipment at an equipment maintenance facility, after the equipment is decontaminated, and is not an employee of the handler employer.

13. "Handler employer" means any person who is self-employed as a handler or who employs a handler, for any type of compensation.

14. "Nonserious violation" means a condition or practice in a place of employment which does not constitute a serious violation but which violates a standard or rule and has a direct or immediate relationship to safety or health, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the condition or practice (A.R.S. § 3-3101(6) ).

15. "Personal protective equipment" means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respiratory protection devices, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear.

16. "Pest control advisor" means a crop advisor, as defined in the Worker Protection Standard, who assesses pest numbers or damage, pesticide distributions, or the status or requirements to sustain the agricultural plants. The term does not include a person who performs hand-labor tasks or handling activities.

17. "Pesticide" means:

(a) any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest.

(b) any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant (A.R.S. § 3-341(21) ).

18. "Restricted-entry interval" means the time after the completion of a pesticide application during which entry into a treated area is restricted as indicated by the pesticide product label.

19. "Restricted use pesticide" means a pesticide classified as such by the United States Environmental Protection Agency (A.R.S. § 3-361(8)).

20. "Serious violation" means a condition or practice in a place of agricultural employment which violates a standard or rule or section 3-3104, subsection (A) and produces a substantial probability that death or serious physical harm could result, unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of such condition or practice (A.R.S. § 3-3101(10) ).

21. "Substantial economic loss" means a loss in yield greater than expected based on the experience and fluctuations of crop yields in previous years. Only losses caused by an agricultural emergency specific to the affected site and geographic area are considered. The contribution of mismanagement is not considered in determining the loss.

22. "Treated area" means any area to which a pesticide is being directed or has been directed.

23. "Worker" means any person, including a self-employed person, who is employed for any type of compensation and who performs activities relating to the production of agricultural plants on an agricultural establishment. The requirements of this Article do not apply to any person employed by a commercial pesticide-handling establishment who performs tasks as a pest control advisor.

"Worker Protection Standard" or "WPS" means the regulations as prescribed in 40 CFR §§ 170.1 et seq., excluding 40 CFR §§ 170.401(c)(4) and 170.501(c)(4) (as amended October 30, 2020, https://www.ecfr.gov/current/title-40/chapter-I/subchapter-E/part-170). This material is incorporated by reference, on file with the Department and does not include any later amendments of editions.

History

• Adopted effective July 13, 1989 (Supp. 89-3). Section R3-3-1001 renumbered from R3-8-201 (Supp. 91-4). Amended effective March 3, 1995 (Supp. 95-1). Amended effective October 8, 1998 (Supp. 98-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-1002 [Repealed]

History

• Adopted effective July 13, 1989 (Supp. 89-3). Section R3-3-1002 renumbered from R3-8-202 (Supp. 91-4). Section repealed, new Section adopted effective March 3, 1995 (Supp. 95-1). R3-3-1002 renumbered to R3-3-1003; new Section R3-3-1002 adopted effective October 8, 1998 (Supp. 98-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Repealed by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-1003 Worker and Handler Trainers; Records

A. Training exemptions.

1. Handler. A handler who currently meets one of the following conditions is exempt from the requirements under subsection (D)(1) and (D)(3):

a. Certified as an applicator of restricted use pesticides under R3-3-208 ,

b. Certified as a trainer under this Section, or

c. Certified or licensed as a crop advisor by a program approved in writing by the EPA or the Department.

2. Worker. A worker who meets one of the following conditions is exempt from the requirements under subsections (C), (D)(1), and (D)(2):

a. Certified as an applicator of restricted use pesticides under R3-3-208 ,

b. Holds a current handler card under subsection (D)(4),

c. Certified as a trainer under this Section, or

d. Certified or licensed as a crop advisor by a program approved in writing by the EPA or the Department.

B. Training verification.

1. Handler. The handler employer shall verify, before the handler performs a handling task, that the handler:

a. Meets a condition listed in subsection (A)(1); or

b. Received pesticide safety training during the last three years, excluding the month in which the training was completed.

2. Worker. The agricultural employer shall verify that a worker:

a. Meets a condition listed in subsection (A)(2); or

b. Received pesticide safety training during the last five years before allowing a worker entry into an area:

i. To which a pesticide was applied during the last 30 days, or

ii. For which a restricted-entry interval for a pesticide was in effect during the last 30 days.

3. The agricultural employer and the handler employer, or designee, shall verify that a training exemption claimed in subsection (A)(1) or (A)(2) is valid by reviewing the appropriate certificate issued by the Department, the EPA, or an EPA-approved program.

4. The agricultural employer and the handler employer, or designee, shall visually inspect the handler's or worker's EPA-approved Worker Protection Standard training verification card to verify that the training requirements prescribed in subsections (B)(1) or (B)(2) are met. If the employer believes that a worker or handler training verification card is valid, the verification requirement of subsection (B)(1) or (B)(2) is satisfied.

5. An EPA-approved Worker Protection Standard training verification card is valid if issued:

a. As prescribed in this Section, or

b. By a program approved by the Department, and

c. Within the time-frames prescribed in subsection (B)(1) or (B)(2).

6. The agricultural employer shall provide a worker who does not possess the training required in subsection (B)(2) with the pesticide safety information prescribed in subsection (C) and the pesticide safety training prescribed in subsection (D)(1) and (D)(2). The agricultural employer shall provide pesticide safety training to a worker before:

a. The worker enters a treated area on an agricultural establishment during a restricted-entry interval to perform early-entry activities; or

b. The sixth day that the worker enters an area on the agricultural establishment if a pesticide has been applied within the past 30 days, or a restricted-entry interval for the pesticide has been in effect within the past 30 days.

C. Pesticide safety information.

1. The agricultural employer shall provide pesticide safety information to a worker who does not meet the training requirements of subsection (B) before the worker enters an area on an agricultural establishment if, within the last 30 days a pesticide has been applied or a restricted-entry interval for the pesticide has been in effect. The agricultural employer shall provide safety information in a manner that the worker can understand. The safety information shall include the following:

a. Pesticides may be on or in plants, soil, irrigation water, or drifting from nearby applications;

b. Workers may prevent pesticides from entering their bodies by:

i. Following directions or signs, or both, about keeping out of a treated or restricted area;

ii. Washing before eating, drinking, chewing gum or using tobacco products, or using the toilet;

iii. Wearing work clothing that protects the body from pesticide residue;

iv. Washing or showering with soap and water, shampooing hair, and putting on clean clothing after work;

v. Washing work clothes separately from other clothes before wearing; and

vi. Washing immediately in the nearest clean water if pesticides are spilled or sprayed on the body, and as soon as possible, showering, shampooing, and changing into clean clothes.

2. The agricultural employer shall document compliance by obtaining the employee's signature or other verifiable means to acknowledge the employee's receipt of the information required in subsection (C)(1).

D. Pesticide safety training. The agricultural employer or handler employer shall ensure that pesticide safety training is provided before the sixth day of entry into a pesticide-treated area. The pesticide safety training program shall be in a language easily understood by a worker or handler, using a translator if necessary. The program shall relate solely to pesticide safety training. Information shall be presented either orally from written material or in an audiovisual manner and shall contain nontechnical terms. The trainer shall respond to questions from attendees.

1. General pesticide safety training. The following pesticide safety training shall be presented to either a handler or a worker:

a. Hazards of pesticides resulting from toxicity and exposure, including acute and chronic effects, delayed effects, and increased sensitivity;

b. Routes by which pesticides can enter the body;

c. Signs and symptoms of common types of pesticide poisoning;

d. Emergency first aid for pesticide injuries or poisonings;

e. How to obtain emergency medical care;

f. Routine and emergency body decontamination procedures, including emergency eyeflushing techniques;

g. Warnings about taking pesticides or pesticide containers home; and

h. How to report violations to the Department, including providing the Department's toll-free pesticide hotline telephone number.

2. Worker training. In addition to the information in subsection (D)(1), a pesticide safety training program for a worker shall include the following:

a. Where and in what form pesticides may be encountered during work activities;

b. Hazards from chemigation and drift;

c. Hazards from pesticide residue on clothing; and

d. Requirements of this Article designed to reduce the risks of illness or injury resulting from workers' occupational exposure to pesticides, including:

i. Application and entry restrictions,

ii. Posting of warning signs,

iii. Oral warning,

iv. The availability of specific information about applications,

v. Protection against retaliatory acts, and

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vi. The design of the following warning sign:

3. Handler training. In addition to the information in subsection (D)(1), a pesticide safety training program for a handler shall include the following:

a. Format and meaning of information contained on pesticide labels and in labeling, including safety information such as pre

cautionary statements about human health hazards;

b. Need for and appropriate use of personal protective equipment;

c. Prevention, recognition, and first aid treatment of heat-related illness;

d. Safety requirements of handling, transporting, storing, and disposing of pesticides, including general procedures for spill cleanup;

e. Environmental concerns such as drift, runoff, and potential impact on wildlife; and

f. Requirements of this Article applicable to handler employers for the protection of handlers and other individuals, including:

i. The prohibition against applying pesticides in a manner that will cause contact with workers or other individuals,

ii. The requirement to use personal protective equipment,

iii. The provisions for training and decontamination, and

iv. Protection against retaliatory acts.

4. The trainer shall issue an EPA-approved Worker Protection Standard training verification card to each handler or worker who successfully completes training, and shall maintain a record in indelible ink containing the following information:

a. Name and signature of the trained worker or handler;

b. Training verification card number;

c. Issue and expiration date of the training verification card;

d. Social security number or a unique trainer-assigned identification number of the worker or handler;

e. Name and signature of the trainer; and

f. Address or location of where the training occurred, including city, county, and state.

E. A. Trainer requirements.

1. A person applying for pesticide safety trainer certification shall:

a. Complete the Worker Protection Standard compliant pesticide safety training program administered by the Department; or

b. Hold a current PCA license or restricted use certification, issued by the Department for a PCA or certified applicator, as prescribed under R3-3-207 or R3-3-208.

2. An applicant shall submit a signed and dated affidavit to the Department verifying that each worker or handler will be trained according to the training requirements of the Worker Protection Standard. The affidavit shall include the applicant's name, address, e-mail address, telephone and fax numbers, as applicable.

a. Name, address, e-mail address, and telephone and fax numbers, as applicable; and

b. Social security number.

3. Trainer certification is:

a. Nontransferable;

b. Valid for three years from the date issued under subsection (A)(1)(a), excluding the month in which the trainer was certified, and is renewable upon completion of the Worker Protection Standard compliant pesticide safety training program administered by the Department; or

c. Valid initially for one year from the date issued under subsection (A)(1)(b), excluding the month in which the trainer certification was issued; and.

d. If the PCA license or restricted use certification remains current, is renewable for three years upon completion of the Worker Protection Standard compliant pesticide safety training administered by the Department.

4. A trainer shall maintain the records required in subsection (b) for two years, excluding the month in which the verification card was issued.

Upon request by the Department, the trainer shall make available worker and handler records prescribed in subsection (B) for inspection and copying by the Department.

6. A trainermay issue a Worker Protection Standard training verification card to each handler or worker who successfully completes training, and shall maintain a record as required in (B).

B. Training records shall include the following recorded in indelible ink:

1. Name and signature of the trained worker or handler;

2. Training verification card number, if utilized;

3. Issue and expiration date of the training verification card;

4. A unique trainer-assigned identification number of the worker or handler;

Name and signature of the trainer; and

6. Address or location of where the training occurred, including city, county, and state.

F. C. A trainer shall permit the Assistant Director or designee to enter a place where worker safety training is being presented to observe and question trainers and attendees to determine compliance with the requirements of this Section.

G. D. The Department may suspend, revoke, or deny trainer certification if any of the following occur:

1. Failing to follow the worker and handler training requirements prescribed in 40 CFR §§ 170.401 and 170.501 of the WPS;

2. Failing to issue training verification cards to workers and handlers as prescribed in subsection (D)(4);

3.2. Failing to maintain the training information prescribed in subsection (b)

4.3. Failing to fulfill the requirements of the affidavit as prescribed in subsection (A)(2); or

5.4. Having had a similar certification revoked, suspended, or denied in any jurisdiction within the last three years.

History

• Adopted effective July 13, 1989 (Supp. 89-3). Section R3-3-1003 renumbered from R3-8-203 (Supp. 91-4). R3-3-1003 repealed; new Section R3-3-1003 renumbered from R3-3-1002 and amended effective October 8, 1998 (Supp. 98-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-1004 Notification Requirements for Farm Labor Contractors

A. The owner or operator of an agricultural establishment shall provide the farm labor contractor who performs work on that agricultural establishment with:

1. The location of the agricultural establishment's central posting site; and

2. The restrictions on entering the treated area as specified in 40 CFR § 170.120(d) of the WPS, if a treated area is within 1/4 mile of where workers will be working and the treated area is not posted as allowed or required in 40 CFR § 170.120(a), (b) and (c) of the WPS.

B. The farm labor contractor shall:

1. Post or provide the worker in writing, with the information in 40 CFR § 170.122 of the WPS, or shall post or provide the worker in writing, the specific location of the central posting site for each agricultural establishment on which the worker will be working;

2. Provide the worker with restrictions on entering a treated area as specified in 40 CFR § 170.120(d) of the WPS if the treated area on the agricultural establishment where a worker will be working is within 1/4 mile of where the worker is working, and the treated area and is not posted as allowed or required in 40 CFR § 170.120(a), (b) and (c) of the WPS.

History

• Adopted effective July 13, 1989 (Supp. 89-3). Section R3-3-1004 renumbered from R3-8-204 (Supp. 91-4). Amended effective October 8, 1998 (Supp. 98-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-1005 Container Used for Mixing or Applying Pesticides

A. All openings on containers used for applying pesticides shall be equipped with covers that prevent splashes and spills.

B. All containers shall:

1. Be translucent, or

2. Have a means to indicate externally the internal liquid level in the container, or

3. Have a filler hose nozzle that automatically stops the filling operation before the liquid pesticide mixture spills over the top of the container.

C. Any employer who mixes or applies any liquid pesticide mixture in a container with a capacity of more than 49 gallons shall have a handler present whenever pesticides are mixed or containers are filled to ensure that the liquid pesticide mixture does not spill over the top of the container.

D. Each handler, while mixing pesticides, shall protect the water supply from back-siphoning pesticide mixtures.

History

• Adopted effective July 13, 1989 (Supp. 89-3). Section R3-3-1005 renumbered from R3-8-205 (Supp. 91-4). Section repealed; new Section adopted effective October 8, 1998 (Supp. 98-4).

Ariz. Admin. Code § R3-3-1006 Agricultural Emergency

A. Any grower, a group of growers, or designee may request the Assistant Director for an agricultural emergency.

B. Possibility of agricultural emergency.

1. If during business hours information is obtained showing that a declaration of an agricultural emergency is necessary, the requesting party shall notify the Department immediately and provide the following information:

a. The cause of the emergency,

b. The area where the emergency may occur,

c. An explanation of why early entry is necessary,

d. Why other methods cannot be used to avoid the early entry, and

e. The justification that substantial economic loss will occur.

2. The Assistant Director shall render a decision to the requesting party on whether an agricultural emergency exists, if the grower or requesting party submits written evidence that includes the information in subsection (B)(1), within four hours of receiving the information.

3. If a grower or requesting party does not submit the written documentation in subsection (B)(1) or if the Assistant Director questions the validity or adequacy of the written evidence of the emergency, the Assistant Director shall investigate a grower's entry into the restricted-entry interval area and advise the requesting party of the reasons for the denial of the agricultural emergency.

4. If the information in subsection (B)(1) is given orally, the requesting party shall notify the Department immediately and provide the Assistant Director with written evidence of the emergency within five days. The Assistant Director shall, within 10 business days of receipt of the written evidence of the emergency or completion of the investigation, issue a letter to the requesting party confirming or denying the request for an agricultural emergency.

C. Occurrence of agricultural emergency.

1. If information is obtained after business hours, or during a weekend or holiday, showing that a declaration of agricultural emergency is necessary, the requesting party shall inform the Department, orally, the next business day following the emergency and provide the following information, in writing, within 72 hours of the emergency or notification:

a. The cause of the emergency,

b. The area where the emergency occurred,

c. A brief explanation of why early entry was necessary,

d. Why other methods could not be used to avoid the early entry, and

e. The justification that substantial economic loss would have occurred.

2. If a grower or requesting party does not submit the written evidence of the emergency in subsection (B)(1) or if the Assistant Director questions whether the written evidence of emergency could have occurred before the emergency, or the validity or adequacy of the written evidence of the emergency, the Assistant Director shall investigate a grower's entry into the restricted-entry interval area and advise the requesting party of the reasons for the denial.

3. The Assistant Director shall within 10 business days of receipt of the evidence of emergency or completion of the investigation issue a letter to the requesting party confirming or denying the request for the agricultural emergency.

History

• Adopted effective July 13, 1989 (Supp. 89-3). Section R3-3-1006 renumbered from R3-8-206 (Supp. 91-4). Section repealed; new Section adopted effective October 8, 1998 (Supp. 98-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-1007 Violations and Civil Penalties

A. Serious violations. The base penalty for any serious violation is $500 and no adjustment shall be made for mitigating circumstances. The penalty for a violation in which a person is killed or permanently disabled shall be the maximum allowed in A.R.S. §§ 3-3113 and 3-3114.

B. Nonserious violations. The Assistant Director shall calculate the base penalty for a nonserious violation and determine the civil penalty amount based on the factors prescribed in A.R.S. § 3-3113(I). If there are contributing or mitigating circumstances, the points may be adjusted, provided the adjustment is documented.

VIOLATION GRAVITY FACTOR

(1 - Lowest; 4 - highest)

| VIOLATION | GRAVITY | | --- | --- | | Central Posting | 1 - 2 | | Training | 1 - 4 | | Decontamination | 1 - 4 | | Personal Protective Equipment | 1 - 4 | | Pesticide Application and Notice | 1 - 4 | | Pesticide Application Restrictions | 2 - 4 | | Other Requirements | 1 - 4 |

C. Size-of-business. The Assistant Director shall use:

1. The maximum number of employees at any one time during the previous 12 months from the date of notice, including only the Arizona branch offices to determine the size business category; or

2. A site-specific employee count, if the violation does not endanger employees at other locations of the business; or

3. The number of persons trained by a trainer during the previous 12 months that violate the training provisions of R3-3-1003 .

SIZE OF BUSINESS

| Size Category | Number of Employees or (Number of People Trained) | | --- | --- | | I | 1 - 10 | | II | 11 - 75 | | III | 76 - 150 | | IV | More than 150 |

D. Base penalty. The Assistant Director shall calculate the base penalty for the alleged violation by using the violation gravity factor established in subsection (B) and applying the size-of-business category established in subsection (C).

BASE PENALTY

| Gravity | Size Category | | | | | --- | --- | --- | --- | --- | | Factor | I | II | III | IV | | 1 | $250 | $300 | $350 | $400 | | 2 | $300 | $350 | $400 | $450 | | 3 | $350 | $400 | $450 | $500 | | 4 | $500 | $500 | $500 | $500 |

E. Combined or group violations. The Assistant Director may combine or group violations.

1. Violations may be combined and assessed one penalty if the violation does not cause any immediate danger to public health or safety or damage to property. Example: Eight workers on a harvest crew have received no training and there is no evidence of exposure. This situation may result in only one training penalty being assessed against the employer.

2. Violations may be grouped if they have a common element and it is apparent which violation has the highest gravity. The penalty for a grouped violation is assessed on the violation with the highest gravity. The penalty for a grouped violation is assessed according to the appropriate law or rule with the highest gravity. Example: Two crews from the same company are engaged in an improper handling activity and one crew is using a pesticide with a "danger" signal word, (skull and cross bones) while the other crew is using a pesticide with a "warning" signal word. This situation may result in the employer being assessed one penalty based on the penalty for the "danger" (skull and cross bones) violation.

F. If a decision is not reached in a negotiated settlement, the Director may assess a penalty pursuant to A.R.S. § 3-3114 .

History

• Adopted effective July 13, 1989 (Supp. 89-3). Section R3-3-1007 renumbered from R3-8-207 (Supp. 91-4). Section repealed; new Section adopted effective October 8, 1998 (Supp. 98-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-1008 Penalty Adjustments

A. The Assistant Director shall assign an appropriate number of points for each of the following five factors to increase the base penalty for a serious violation, or increase or decrease the base penalty for a nonserious violation.

1. If the total adjustment points on a nonserious violation is less than 9, the base penalty is reduced; if it is more than 9, the base penalty is increased.

2. If the total adjustment points on a serious violation is 3 or less, the base penalty shall be imposed; if it is more than 3, the base penalty is increased.

3. If a violation is a repeated violation, as prescribed in R3-3-1011 for compliance history, a base penalty adjustment factor shall not be used to decrease the penalty.

BASE ADJUSTMENT FACTORS

| Pesticide Labeling | | | --- | --- | | Signal word "Danger" with skull and crossbones | 5 | | Signal word "Danger" | 4 | | Signal word "Warning" | 3 | | Signal word "Caution" | 2 | | Indirect relation to the violation | 1 | | Harm to Human Health | | | Actual Injuries or temporary reversible illness resulting in | 9 | | hospitalization or a variable but limited period of disability (hospital care greater than 8 hours) | | | Actual Injuries or temporary reversible illness resulting in doctor care (doctor care required, less than 8 hours) | 6 | | Minor supportive care only | 2 - 4 | | Consequence potential | 1 - 2 | | No relationship found | 0 | | Compliance History | | | One or more violations in the previous 12 months | 4 | | One or more violations in the previous 24 months | 3 | | One or more violations in the previous 36 months | 1 | | No violation history | 0 | | Culpability | | | Knowing or should have known | 4 | | Negligence | 2 | | Neither | 0 | | Good Faith | 0 - (-2) | | Violation corrected within 14 days | -1 | | Violation corrected within 7 days | -2 |

B. The Assistant Director may reduce the base penalty for a nonserious violation, as determined in R3-3-1007(C), by as much as 80% depending upon the number of employees or trained persons, good faith, and history of previous violations.

FINAL PENALTY CALCULATION

| | Non-serious Violation | Serious Violation | | --- | --- | --- | | Number of Points | Penalty Adjustment | Penalty Adjustment | | 3 or below | Base - 80% | Base Penalty | | 4 | Base - 65% | Base + 10% | | 5 | Base - 50% | Base + 20% | | 6 | Base - 35% | Base + 30% | | 7 | Base - 20% | Base + 40% | | 8 | Base - 5% | Base + 50% | | 9 | Base Penalty | Base + 60% | | 10 | Base + 20% | Base + 70% | | 11 | Base + 35% | Base + 80% | | 12 | Base + 50% | Base + 90% | | 13 | Base + 65% | Base + 100% | | 14 | Base + 80% | Base + 100% | | 15 or more | Base + 100% | Base + 100% |

Example: A business employs 26 people in Town A and 14 people in Town B. In addition, 35 seasonal people are employed during the harvest. The total annual employee positions equal 75. The following violations are found during an inspection:

(1) No training for 35 seasonal workers on the harvest crew;

(2) No available decontamination supplies;

(3) No safety poster at the central posting location;

(4) No emergency telephone number posted, and no medical facility location posted at the central posting location;

(5) No posted pesticide application information at the central posting location.

| Step 1. Use the Violation Gravity Factor table to determine the gravity of the violation. | | | | | --- | --- | --- | --- | | (1) Training, 1-4 points | 2 points, all 35 workers are combined; | | | | (2) Decontamination, 1-4 points | 3 points, no supplies were available and it has been 25 days since the most recent application; | | | | (3) - (5) Central Posting, 1-2 points | 1 point since the violations concerns the same factor, they are combined. (There is evidence that the old poster blew away and the pesticide application information is kept available in the secretary's desk, but it is not 'readily' available.) | | | | Step 2. Use the Size of Business table to determine the size category. | 35 employees falls into the size category II. | | | | Step 3. Use the Base Penalty table to determine the base penalty. Use column II based on the Size of Business determination from Step 2. | | | | | Violation 1 | Gravity factor of 2 | Equals a base penalty of $350; | | | Violation 2 | Gravity factor of 3 | Equals a base penalty of $400; | | | Violation 3, 4, and 5 | Gravity factor of 1 | Equals a base penalty of $300 | | | Step 4. Using the Base Adjustment Factors table to calculate the adjustments, if any. In this case, the base adjustments are uniform in all categories except #4, culpability. | | | | | Pesticide | It was a indirect relationship because of the timing of the application and when the workers were in the treated area. | 1 point. | | | Harm to Human Health | There was no harm to health and the pesticide had not been applied recently. | 1 point. | | | Compliance History | This farm has no previous violation history. | 0 points. | | | Culpability | The supervisor attended a "train-the-trainer" course two years ago and should have been aware of the requirements of the worker protection standard. Therefore, for the first two violations the supervisor should have known about the requirements. For the last three violations, the central posting sight was not checked frequently enough to ensure compliance. | For violations 1 and 2, 4 points for knowing or should have known; For violations 3, 4, and 5, 2 points for negligence. | | | Good Faith | The inspector came back five days later and the workers were trained the day of the first inspection, the poster was posted and everything was in compliance. | Since the employer corrected the violations quickly. -1 point. | | | Step 5. Add the points for each violation from Step 4. | | | | | Violation 1 | 1 + 1 + 0 + 4 + -1 | = 5 points | | | Violation 2 | 1 + 1 + 0 + 4 + -1 | = 5 points | | | Violations 3, 4, and 5 | 1 + 1 + 0 + 2 + -1 | = 3 points | | | Step 6. U sing the Final Penalty Calculation table to determine the appropriate violation penalty adjustment that corresponds with the base adjustment factor point total. Use the definitions for nonserious or serious violations to determine the appropriate violation penalty adjustment column. In this case, use the nonserious penalty adjustment column. | | | | | Violation 1 | 5 points | Base - 50% = | $350 - $175 = $175 | | Violation 2 | 5 points | Base - 50% = | $400 - $200 = $200 | | Violation 3, 4, and 5 | 3 points | Base - 80% = | $300 - $240 = $60 | | Adjusted Penalty Total = $435 | | | |

History

• Adopted effective July 13, 1989 (Supp. 89-3). Section R3-3-1008 renumbered from R3-8-208 (Supp. 91-4). Section repealed; new Section adopted effective October 8, 1998 (Supp. 98-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-1009 Failure to Abate

A. The Director shall issue a notification of failure-to-abate an alleged violation if a violation has not been corrected as specified on the citation. Failure-to-abate penalties, pursuant to A.R.S. § 3-3113(E), shall be applied if an employer or handler has not corrected a previous cited violation that is a final order of the Director. When determining the appropriate penalty amount, the Director shall take into consideration a good faith effort to abate the violation.

B. If a person does not file a timely notice of contest within the 30-day contest period, the citation and proposed penalties shall be a final order of the Director.

C. If a person files a notice of contest pursuant to A.R.S. §3-3116(A), the period for the abatement shall not begin, as to those violations contested, until the day following the entry of the final order by the Director affirming the citation. If the person contests only the amount of the proposed penalty, the person shall correct the alleged violation within the prescribed abatement period.

A. The Director shall include in a citation for an alleged violation of this Article a reasonable time to abate the violation.

B. When a cited person timely files a request for hearing to contest a violation, the abatement period does not begin to run until the entry of a final order as long as the request for hearing was initiated in good faith and not solely for delay or avoidance of penalties. If a person contests only the amount of the proposed penalty, the person shall correct the violation within the originally prescribed abatement period.

C. If the Director has reason to believe the cited person has failed to correct the violation within the abatement period, the Di-rector shall notify the person by mail of the failure, the proposed penalty, and the right to request a hearing.

D. On a showing by a cited person of a good faith effort to comply with the abatement requirements of a citation and that the abatement has not been completed because of factors beyond the person's reasonable control, the Department shall issue an order affirming or modifying the abatement requirements in the citation after an opportunity for a hearing.

History

• Adopted effective October 8, 1998 (Supp. 98-4). Section heading corrected at request of the Department, Office File No. M11-60, filed February 23, 2011 (Supp. 09-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-1010 Calculation of Additional Penalties For Unabated Violations

A. The Assistant Director shall calculate a daily penalty for unabated violations if failure to abate a serious or nonserious violation exists at the time of reinspection. That penalty shall not be less than the penalty for the violation when cited, except as provided in subsection (C).

1. If no penalty was initially proposed, the Assistant Director shall determine a penalty. In no case shall the penalty be more than $1,000 per day, the maximum allowed by A.R.S. § 3-3113(E) .

2. The daily proposed penalty shall be multiplied by the number of calendar days that the violation has continued unabated, except for the following: The number of days unabated shall be counted from the day following the abatement date specified in the final order. It shall include all calendar days between that date and the date of reinspection, excluding the date of reinspection.

B. When calculating the additional daily penalty, the Assistant Director shall consider the extent that the violation has been abated, whether the employer has made a good faith effort to correct the violation, and it is beyond the employer's control to abate. Based on these factors, the Assistant Director may reduce or eliminate the daily penalty. Example: If three of five instances have been corrected, the daily proposed penalty (calculated as outlined in subsection (A) without regard to any partial abatement), may be reduced by the percentage of the total violations which have been corrected, in this instance, three of five, or 60%.

A. If the Director has reason to believe the cited person has failed to correct a serious or nonserious violation within the abatement period, the Director shall assess additional civil penalties on the cited person as follows:

1. The Director shall use R3-3-1007 and R3-3-1008 to calculate an additional daily penalty for each unabated violation.

2. The additional daily penalty shall neither be less than the original penalty for the cited violation or exceed $1,000 per day per violation.

3. The additional daily penalty shall be multiplied by the number of calendar days the violation has continued unabated beyond the abatement period.

B. Notwithstanding subsection (A), the Director may reduce or eliminate the additional penalty based on:

1. The extent that the violation has been abated,

2. The cited person's good faith effort in correcting the violation, and

Whether the abatement has not been completed because of factors beyond the cited person's reasonable control.

History

• Adopted effective October 8, 1998 (Supp. 98-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-1011 Repeated or Willful Violations

A. The penalty for a repeated violation shall be calculated as follows:

1. The penalty for a repeated nonserious violation shall be doubled for the first repeated violation and tripled if the violation has been cited twice before.

2. The penalty for a repeated serious violation shall be multiplied five times for the first repeated violation and seven times if the violation has been cited twice before.

3. The penalty for a repeated serious violation in which someone is disabled or killed shall be multiplied 10 times for each repeated violation.

4. A repeated violation having no initial penalty shall be assessed for the first repeated violation as determined by this Article.

5. The penalty may be multiplied by 10, not to exceed the maximum penalty, if it is justified through appropriate documentation.

B. The Assistant Director may adjust the base penalty found under R3-3-1007(D) by a multiplier up to 10 for any willful violation.

C. The Assistant Director shall not use base adjustment factors in R3-3-1008 to reduce the penalty for any serious or nonserious willfully repeated violation.

D. Repeated violations are based on prior violations occurring within the previous three years.

E. The penalty for a repeated or willful violation shall not exceed $10,000.

History

• Adopted effective October 8, 1998 (Supp. 98-4). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.

Ariz. Admin. Code § R3-3-1012 Citation; Posting

An employer shall post a citation prescribed at A.R.S. § 3-3110(C) for three days or until the violation is abated, whichever time period is longer.

History

• New Section made by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1).

Article 11 ARIZONA NATIVE PLANTS

Ariz. Admin. Code § R3-3-1101 Definitions

In addition to the definitions in A.R.S. § 3-901, the following terms apply to this Article:

"Authorized representative" means a project manager, project engineer, sub-contractor, or similar that is identified by the landowner on a Notice of Intent to Clear form, or amended form, as a person that has authorization from the landowner to salvage protected native plants on property owned or managed by the landowner.

"Certificate of inspection for interstate shipments" means a certificate to transport protected native plants out of the state.

"Collection" means a collection of one or more highly safeguarded native plants that are preserved, catalogued, and managed for the purpose of preserving that species of an Arizona native plant.

"Conservation" means prevention of exploitation, damage, destruction, or neglect of native plants while helping to ensure continued public use.

"Cord" means a specific type string or small rope issued by the Department for attaching tags and seals to protected native plants.

"Cord of wood" means a measurement of firewood equal to 128 cubic feet.

"Destroy" means to cause the death or irreparable damage of any protected native plant.

"Harvest restricted native plant permit" means a permit required to remove the by-products, fibers, or wood from a native plant listed in Appendix A, subsection (D).

"Highly safeguarded native plant" (A.R.S. § 3-903(B)(1)) means a group of plants that are threatened for survival or are in danger of extinction. Including the native plants listed in Appendix A, subsection (A) and those listed in the Endangered Species Act. The plants in this category may only be salvaged with the use of scientific or non-commercial salvage permits, tags and seals.

"Jurisdiction" means the applicability of the Arizona native plant laws of A.R.S. §§ 3-901 through 3-934 that apply within the boundaries of the state, except on designated Indian lands and federal lands. Federal land managers are to be cognizant of E.O. 13132 (64 FR 43255, August 10, 1999) when considering native plants on federal land. State law governs in areas within local political subdivision boundaries but does not prohibit more stringent native plant regulations or ordinances adopted by the political subdivision. Where the two are in conflict, state laws and rules supersede, or if complimentary, the most stringent of the two laws and rules shall apply.

"Original growing site" means a place where a plant is growing wild and is rooted to the ground or any property owned by the same landowner where a protected native plant is relocated or transplanted without an original transportation permit.

"Protected native plant" means any living plant or plant part listed in Appendix A and growing wild in Arizona.

"Protected native plant tag" means a tag issued by the Department to identify the lawful removal of a protected native plant, other than a saguaro cactus, from its original growing site.

"Saguaro tag" means a tag issued by the Department to identify a saguaro cactus being lawfully moved.

"Salvage" means to remove a protected native plant that would otherwise be destroyed in the land development process or other actions that would threaten the survival of the species of plant.

"Salvage assessed native plant" means plants categorized in Appendix A, subsection (C) of this Article, as described by A.R.S. § 3-903(B)(3), that are to be afforded the exclusive protections, involving the use of salvage tags and annual salvage permits, provided in this Article. The category contains native plants that are not subject to theft or vandalism, but nevertheless have salvage value.

"Salvage assessed native plant permit" means a permit required to remove a native plant listed in Appendix A, subsection (C). "Salvage restricted native plant" means plants categorized in Appendix A, subsection (B) of this Article, as described by A.R.S. § 3-903(B)(2), that are to be afforded the exclusive protections involving the use of salvage permits, tags, and seals provided in this Article. This category includes native plants that may be salvaged and transplanted but are nevertheless subject to high potential for damage by theft or vandalism.

"Salvage restricted native plant permit" means a permit required to remove a native plant listed in Appendix A, subsection (B).

"Securely tie" means to fasten in a tight and secure manner to prevent the removal of tags, seals, or cord for reuse.

"Small Native Plant" means any protected plant eight inches in height or less.

"State agency" has the same meaning as in A.R.S. § 3-901(3) it contains "any agency or political subdivision of the state."

History

• New Section recodified from R3-4-601 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Amended by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1). Amended by final rulemaking at 30 A.A.R. 3865, effective 2/2/2025.

Ariz. Admin. Code § R3-3-1102 Protected Native Plant Destruction by a Private Landowner

A. Notice of intent.

1. Before a protected native plant is destroyed, the private landowner shall provide notification of intended destruction, which shall include the following information to the Department on a form obtained from the Department:

a. Name, address, email address, and telephone number of the landowner;

b. Name, address, email address, and telephone number of the landowner's agent, if applicable;

c. Valid documentation indicating land ownership, including but not limited to a parcel identification number, tax assessment, or deed;

d. Legal description, map, address, or other description of the area, including the number of acres to be cleared, in which the protected native plants subject to the destruction are located;

e. Earliest date of plant destruction; and

f. Landowner's intent for the disposal or salvage of protected native plants on the land.

2. A landowner intending to destroy protected native plants on an area of less than one acre may submit the information required in subsection (A)(1) to the Department verbally.

B. A landowner shall not destroy a protected native plant until:

1. The landowner receives a written confirmation from the Department that the notice has been received, and

2. Notice is given to the Department within the following minimum time periods, starting from the time the notice was given to the Department:

a. Twenty days before the plants are destroyed over an area of less than one acre.

b. Thirty days before the plants are destroyed over an area of one acre or more but less than 40 acres.

c. Sixty days before the plants are destroyed over an area of 40 acres or more.

C. The Department shall compile a list of names and contact information of salvagers or persons interested in native plant salvage. The persons on the list shall receive notifications of potential salvage opportunities. To be placed on the list, the salvager or other interested person shall submit to the Department's licensing section the salvager or interested person's name, email address, mailing address, telephone number, and payment of an annual $35 nonrefundable fee. The Department shall send to all listed salvagers and interested persons an electronic copy of notices of intent ("NOI"), including those that indicate they are not allowing salvage, The electronic copy of the NOIs shall be sent out daily the next business day after the NOIs are received.

D. A notice of intent is not required for the destruction of native plants on individually owned residential property of ten acres or less where initial building construction has already occurred.

History

• New Section recodified from R3-4-602 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Amended by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1). Amended by final rulemaking at 30 A.A.R. 3865, effective 2/2/2025.

Ariz. Admin. Code § R3-3-1103 Disposal and Salvage of Protected Native Plants by a State Agency

A. A state agency intending to remove or destroy protected native plants shall notify the Department, under A.R.S. § 3-905, and shall propose a method of disposal from the following list:

1. The plants may be sold at a public auction;

2. The plants may be relocated or transported to a different location on the same property or to another property owned by the state, without obtaining a permit;

3. The plants may be donated to nonprofit organizations as provided in A.R.S. § 3-916 ;

4. The plants may be donated to another state agency or political subdivision, without obtaining a permit; or

5. The plants may be salvaged or harvested by a member of the general public or a commercial dealer, if the person holds a permit as provided under A.R.S. § 3-906 or 3-907 .

A. A state agency intending to remove or destroy protected native plants, over an area of state land exceeding one-quarter acre, the state agency shall notify the Department in writing at least sixty days before the plants are removed or destroyed with the following information on a form obtained from the Department:

Legal description, map, address, or other description of the area, including the number of acres to be cleared, in which the protected native plants subject to the destruction are located;

2. A description of the number and type of plants to be removed or destroyed;

2. Earliest date of plant destruction; and

3. The state agency's intent for the disposal or salvage of protected native plants on the land.

B. A state agency intending to remove or destroy protected native plants shall propose a method of disposal or transfer from the following list:

1. Relocated or transported to a different location on the same property or to another property owned by the state, without obtaining a permit;

2. Donated to another state agency or political subdivision, by obtaining a non-commercial salvage permit; or

3. Donated to nonprofit organizations as provided in A.R.S. § 3-916;

4. Salvaged or harvested by a member of the general public or a commercial dealer, if the person holds a salvage permit issued pursuant to R3-3-1104.

5. Sold at a public auction, with appropriate cord sealing tags purchased and utilized by the buyer pursuant to R3-3-1106(B) and R3-3-1107;

6. In situations where 1 through 5 above are not possible, the destruction or clearing of the land may begin 60 days after the notice, as prescribed in subsection (A), has been provided to the Department.

C. Any action by a state agency must occur within one year of the date disclosed in the notice.

D. A state agency filing a notice, as prescribed in subsection (A), to remove protected native plants are exempt from fees established for salvaged plants.

B. E. Notwithstanding subsection (B)(1) through (5), if the plants are highly safeguarded native plants, they shall first be made available to the holder of a valid scientific permit or a noncommercial salvage permit, by obtaining a current list of scientific permit and noncommercial salvage permit holders from the Department.

F. Pre-notification of intent shall not be required in an emergency, where imminent threat to the safety of a person or animal, or damage to personal or state property exists if protected native plants are not removed or destroyed by the state agency, provided the notice of intent is filed in conjunction with the removal or destruction of the native plant.

History

• New Section recodified from R3-4-603 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Amended by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1). Amended by final rulemaking at 30 A.A.R. 3865, effective 2/2/2025.

Ariz. Admin. Code § R3-3-1104 Protected Native Plant Permits

A. A person shall not collect, transport, possess, sell, offer for sale, dispose, or salvage protected native plants unless that person is 18 years of age or older and possesses an appropriate permit.

B. Salvage restricted native plant permits.

1. An applicant for a salvage restricted native plant permit shall submit the following information to the Department on a form obtained from the Department, as applicable, along with any applicable fees outlined in R3-3-1106 :

1.a. Name, business name, address, email address, telephone number, and signature of the applicant;

2.b. Name and number of plants to be removed;

3.c. Purpose of the plant removal;

4.d. Whether the applicant has a conviction for a violation of a state or federal statute regarding the protection of native plants within the previous five years;

5. Except for salvage assessed native plants;

a.e. Name, address, email address, telephone number, and signature of the landowner where the plants will be removed;

b.f. Location of the permitted site and size of acreage;

c.g. Destination address where the plants will be transplanted or temporarily held before being sold, gifted, or otherwise distributed to a permanent location;

d.h. Legal and physical description of the location of the original growing site; and

e.i. Parcel identification number for the permitted site or other documents proving land ownership.

2. Salvage restricted native plant permits and plant tags are valid for the calendar year in which they are issued. The tags expire at the end of the calendar year unless the permit is renewed.

3. Exemptions. The following are exemptions for the requirements of this subsection.

a. Plants propagated or cultivated by human beings; or

b. Native plants collected or salvaged by a homeowners' association or any other community based organization if the plants are relocated in the community.

C. Permit fees.

1. A person removing and transporting protected native plants shall submit the following applicable fee to the Department with the permit application:

a. Salvage assessed native plant permit, annual use, $35;

b. Harvest restricted native plant permit, annual use, $35;

c. All other native plant permits, one-time use, $7;

d. Certificate of inspection for interstate shipments, $15.

2. Exemptions. Protected native plants are exempt from fees if:

a. The protected native plants intended for personal use by a landowner are taken from one piece of land owned by the landowner to another piece of land also owned by the landowner, remain on the property of the landowner, and are not sold or offered for sale;

b. The protected native plants are collected for scientific purposes; or

c. A landowner donates the protected native plant to a scientific, educational, or charitable institution.

D. Tag and harvesting fees.

1. Any person obtaining a saguaro tag or other protected native plant tag or receipt shall submit the following applicable fee to the Department at the time a tag is obtained:

a. Saguaro, $8 per plant;

b. Trees cut for firewood and listed in the harvest restricted category, $6 per cord of wood;

c. Small native plant, $.50 per plant;

d. Any other protected native plant referenced in A.R.S. § 3-903(B) and (C) and listed in Appendix A, $6 per plant.

2. The fee for harvesting nolina or yucca parts is $6 per ton. Payment shall be made to the Department in the following manner:

a. Unprocessed nolina or yucca fiber shall be weighed on a state-certified bonded scale; and

b. The harvester shall submit payment and weight certificates to the Department no later than the tenth day of the month following each harvest.

E. Seal fees. A person obtaining a seal shall submit a $.15 per plant fee to the Department at the time a seal is obtained.

F. Salvage assessed native plant permits and plant tags are valid for the calendar year in which they are issued. The tags expire at the end of the calendar year unless the permit is renewed.

C. Salvage assessed native plant permits

1. An applicant for a salvage assessed native plant permit shall submit the following information to the Department on a form obtained from the Department, as applicable, along with any applicable fees outlined in R3-3-1106 :

a. Name, business name, address, email address, telephone number, and signature of the applicant;

b. Names of the salvage assessed plants to be collected.

2. Salvage assessed native plant permits and plant tags are valid for the calendar year in which they are issued. The tags expire at the end of the calendar year unless the permit is renewed.

3. Exemptions. The following are exemptions for the requirements of this subsection.

a. Plants propagated or cultivated by human beings; or

b. Native plants collected or salvaged by a homeowners' association or any other community based organization if the plants are relocated in the community.

D. Harvest restricted native plant permit and receipts.

1. Any person harvesting the wood, fiber, or by-product of a plant listed in subsection (D) of Appendix A of more than one-hundred pounds, or more than two cords of wood, shall apply for a harvest restricted permit and receipts by submitting the following information to the Department, on a form obtained from the Department, along with any applicable fees outlined in R3-3-1106(C)(2) :

a. Name, address, email address and telephone number of the applicant applying for the permit;

b. The legal land description where the harvesting will take place;

c. For wood products, the number of cords to be collected;

d. For Nolina or Yucca fiber, the numbers of pounds to be collected;

e. Name, address, email address, telephone number, and signature of land owner(s)

2. Permits and unused receipts issued under this subsection are non-transferable and must be in the possession of the permit holder during harvesting and transport.

3. Receipts for harvest restricted materials that are sold must be transferred to a purchaser as proof of ownership.

Exemptions. The following are exemptions for the requirements of this subsection.

a. Material harvested from lands managed by the federal government provided a person is in possession of a valid permit issued by the federal land management agency.

b. Material harvested with written permission from a private land owner or tenant, from other than state-owned land or other public land, and:

i. Is one-hundred pounds or less for Yucca or Nolina fiber; or

ii. Is two cords or less of wood.

c. The use of dead wood for campfires or cooking.

d. Dead harvest restricted plants, collected by a land owner or tenant.

E. Scientific Permit. In addition to the requirements of A.A.C. R3-3-1105(A), the following application requirements apply:

1. An applicant shall submit the following information to the Department on a form obtained from the Department, along with any applicable fees outlined in R3-3-1106 :

a. Name, address, email address and telephone number of the company or research facility applying for the permit;

b. Name, title and experience of the person conducting the research project;

c. Purpose and intent of the research project;

d. Controls to be used;

e. Variables to be considered;

f. Time-frame for the project;

g. Anticipated results and plans for publication;

h. Reports and recordkeeping that will be used to monitor the project;

i. Project funding source;

j. Funding of the company or research facility;

k. Written authorization from the landowner for collection of the plants;

l. Date of the application; and

m. Signed affirmation by the applicant that the plants collected will not be sold or used for personal interests.

2. A scientific permit is valid for the calendar year in which it is issued.

3. A scientific permit holder may amend their permit anytime by submitting the updated information to the Department.

4. An applicant may also submit proof of a current scientific permit issued by a federal agency or state political subdivision and any additional information to the requirements of R3-3-1104(E)(1) not provided in the existing scientific permit.

F. Non-commercial Salvage Permit. In addition to the requirements of A.A.C. R3-3-1105(B), the following application requirements apply:

1. An applicant shall submit the following information to the Department, on a form obtained from the Department, along with any applicable fees outlined in R3-3-1106 :

a. Name, address, email address and telephone number of the applicant applying for the permit;

b. Proposed relocation site for the plants;

c. Written authorization from the landowner for collection of the plants;

d. The number, species, and description of the plants being salvaged;

e. Date of the application; and

f. Signed affirmation by the applicant that the plants collected will not be sold or used for personal interests.

2. A non-commercial salvage permit is valid only for the transportation and the transplantation of the identified native plants indicated on the permit application. A non-commercial salvage permit holder may amend their permit anytime by submitting the updated information to the Department with written authorization from the landowner.

3. A non-commercial salvage permit is valid for the calendar year in which they are issued. The tags expire at the end of the calendar year unless the permit is renewed.

4. Plants propagated or cultivated by human beings are exempt from these requirements.

G. Movement Permit. In addition to the saguaro tag obtained pursuant to R3-3-1106(C)(1)(a), any person moving or salvaging a saguaro cactus over four feet tall from a location other than its original growing location in Arizona and transplanting it to another location shall apply to the Department for a Movement Permit. The landowner from where the saguaro cactus is being moved shall provide the following information on the permit application, unless the applicant maintains a record of the original permit or verifies the Department has a record of a previous legal movement of the cactus by the applicant. Saguaro cactus that are propagated or cultivated by humans are exempt from this requirement.

1. The name, mailing address, email address, telephone number, and signature of the landowner;

2. The address or parcel identification number where the saguaro cactus is located;

3. The name, mailing address, email address, and telephone number of the receiver;

4. The name, mailing address, and telephone number of the carrier;

5. The number, species, and description of the plant being removed;

6. The parcel identification number of the property where the saguaro cactus is being moved; and

7. The date of the application.

H. Movement of protected native plants obtained outside Arizona.

1. Any person moving a protected native plant obtained outside Arizona and transporting and planting it within the state shall declare the protected native plant at the nearest Department office location during normal business hours, office locations can be found by calling 602-542-3578 or by visiting the Department's website at https://agriculture.az.gov/plantsproduce/native-plants.

2. To ensure compliance with A.A.C. R3-4-239, shipments originating from an area under quarantine for imported fire ants, the Department shall place the protected native plant under quarantine and direct the shipment to a certified quarantine holding area for inspection.

3. After the plants have been declared, permit and seal fees have been paid, the permitting office shall issue a Movement Permit and appropriate number of seals.

History

• New Section recodified from R3-4-604 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Amended by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1). Amended by final rulemaking at 30 A.A.R. 3865, effective 2/2/2025.

Ariz. Admin. Code § R3-3-1105 Scientific Permits; Noncommercial Salvage Permits

A. Scientific Permit

1. A person shall not collect, destroy, harm, or remove any highly safeguarded or other protected native plants for a research project unless that person holds a scientific permit issued pursuant to R3-3-1104(E) .

a. The removal and movement of the native plants shall be accomplished by a person experienced in native plant removal and transplantation

i. Whenever possible, the permittee shall take specimens in such a way as to not reduce the population by retrieving minimal tissue, leaving the roots intact for perennial plants or utilizing other scientifically acceptable methods for the protection of the environment and remaining native plants.

ii. If not already required by another agency or institution, and whenever possible, if the permittee takes multiple specimens, the permittee shall deposit at least one specimen at an Arizona university plant conservatory. If it is not possible to deposit a specimen at an Arizona university plant conservatory, the permittee shall provide the justification to the Department for noncompliance with this provision.

2. An applicant shall submit the following information to the Department on a form obtained from the Department:

a. Name, address, and telephone number of the company or research facility applying for the permit;

b. Name, title and experience of the person conducting the research project;

c. Purpose and intent of the research project;

d. Controls to be used;

e. Variables to be considered;

f. Time-frame for the project;

g. Anticipated results and plans for publication;

h. Reports and recordkeeping that will be used to monitor the project;

i. Project funding source;

j. Funding of the company or research facility;

k. Written authorization from the landowner for collection of the plants;

l. Date of the application;

m. Signed affirmation by the applicant that the plants collected will not be sold or used for personal interests; and

n. Tax identification number, or if applicant is an individual, a Social Security number.

3.2. A scientific permit shall be issued if the applicant provides documentation that demonstrates the following:

a. A plan, pre-approved by the landowner, to restore the removal site to a natural appearance;

b. The removal and movement of the native plants shall be accomplished by a person experienced in native plant removal and transplantation;

c. The native plants used in the project shall remain accessible to the Department;

d. The ecology of the project site is beneficial to the growth of the specific plants in the project;

e. Arrangements exist for a suitable permanent planting site for the surviving plants after the project's completion; and

f. Description of plant disposition and research hypothesis.

4. A scientific permit is valid for the calendar year in which it is issued.

3. In addition to the requirements listed in subsection (A)(2), the following requirements apply to highly safeguarded native plants:

a. Permits may be issued only for collection for scientific purposes of highly safeguarded native plants whose existence or location is threatened by intended destruction or a change in land usage, and

b. If the permit may enhance the survival of the affected species.

B. Noncommercial salvage permit:

1. Highly safeguarded native plants may only be collected for conservation by a person holding a noncommercial salvage permit issued pursuant to R3-3-1104(F) .

2. An applicant shall submit the following information to the Department, on a form obtained from the Department:

a. Name, address, and telephone number of the applicant applying for the permit;

b. Proposed relocation site for the plants;

c. Written authorization from the landowner for collection of the plants;

d. Date of the application; and

e. Signed affirmation by the applicant that the plants collected will not be sold or used for personal interests.

3.2. A noncommercial salvage permit shall be issued if all of the following conditions are met through documentation provided to the Department:

a. The native plants used in the project shall be accessible to the Department after transplant, and

b. The relocation site is beneficial to the growth of the specific plants in the project.

4. A noncommercial salvage permit is valid only for the transportation and the transplantation of the particular native plant.

3. In addition to the requirements listed in subsection (B)(2), the following requirements apply to highly safeguarded native plants:

a. Permits may be issued only for collection for noncommercial salvage purposes of highly safeguarded native plants whose existence or location is threatened by intended destruction or a change in land usage, and

b. If the permit may enhance the survival of the affected species.

History

• New Section recodified from R3-4-605 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Amended by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1). Amended by final rulemaking at 30 A.A.R. 3865, effective 2/2/2025.

Ariz. Admin. Code § R3-3-1106 Protected Native Plant Program Fees

A. Upon request, the Department may conduct a native plant survey. Upon completion, the Department shall notify the individual who made the request of:

1. The date the survey was performed;

2. The amount of the survey fee payable to the Department;

3. The name of Department personnel performing the survey;

4. Upon payment, the survey results including the names and numbers of protected native plants.

B. A person who requests a native plant survey shall pay the survey fee to the Department within 30 days from the date of the notification. The survey fee shall be based on time and travel expenses, except that no fee shall be charged for a determination of whether protected species exist on the land.

A. Permit fees.

In addition to any applicable fees for interstate shipment requiring a single shipment nursery stock inspection certification issued pursuant to R3-4-301(D), a person removing and transporting protected native plants shall submit the following applicable fee to the Department with the permit application:

a. Salvage assessed native plant permit, annual use, $35;

b. Harvest restricted native plant permit, annual use, $35;

d. Certificate of inspection for interstate shipments, $15;

c. All other native plant permits, one-time use, $7.

2. Exemptions. Protected native plants are exempt from fees if:

a. The protected native plants intended for personal use by a landowner are taken from one piece of land owned by the landowner to another piece of land also owned by the landowner, remain on the property of the landowner, and are not sold or offered for sale;

b. The protected native plants are collected for scientific purposes;

c. A landowner donates the protected native plant to a scientific, educational, or charitable institution.

d. Exempted pursuant to A.R.S. § 3-915;

e. Donated to a home-owners association or nonprofit organizations as provided in A.R.S. § 3-916; or

f. Donated to a state agency or political subdivision, under a non-commercial salvage permit.

B. Tag and harvesting fees.

1. Any person obtaining a saguaro tag or other protected native plant tag or receipt shall submit the following applicable fee to the Department at the time a tag is obtained:

a. Saguaro, $8 per plant;

b. Trees cut for wood and listed in the harvest restricted category, $6 per cord of wood;

c. Small native plant, $.50 per plant;

d. Any other protected native plant referenced in A.R.S. § 3-903(B) and (C) and listed in Appendix A, $6 per plant.

2. The fee for harvesting nolina or yucca parts is $6 per ton. Payment shall be made to the Department in the following manner:

a. Unprocessed nolina or yucca fiber shall be weighed on a state-certified bonded scale; and

b. The harvester shall submit payment and weight certificates to the Department no later than the tenth day of the month following each harvest.

C. Seal fees. A person obtaining a seal shall submit a $.15 per plant fee to the Department at the time a seal is obtained.

D. Arizona native plant law Education. In addition to the following fees, charges for printed materials or pamphlets shall be assessed based upon printing and mailing costs:

1. A person attending a seminar or training course on Arizona native plant law shall pay a nonrefundable fee of $14 to the Department before attending the class.

2. A person convicted of violating Arizona native plant laws and ordered by a court to attend a native plant educational class shall pay a nonrefundable fee of $35 to the Department before attending the class. The Department shall provide written confirmation of satisfactory completion to a person ordered by a court to attend a class.

History

• New Section recodified from R3-4-606 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Amended by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1). Amended by final rulemaking at 30 A.A.R. 3865, effective 2/2/2025.

Ariz. Admin. Code § R3-3-1107 Tags, Seals, and Cord Use

A. Any person moving a protected native plant, except a saguaro cactus, previously transplanted from its original growing site in Arizona and transplanting it to another location shall apply to the Department for a Movement Permit. The landowner from where the plant is being moved shall provide the following information on the permit application:

1. The name, telephone number, and signature of the landowner;

2. The location of the plant;

3. The name, address, and telephone number of the receiver;

4. The name, address, and telephone number of the carrier;

5. The number, species, and description of the plant being removed;

6. The tax parcel identification number; and

7. The date of the application.

B. Any person moving a saguaro cactus over four feet tall previously transplanted from its original growing site in Arizona and transplanting it to another location shall apply to the Department for a Movement Permit. The landowner from where the saguaro cactus is being moved shall provide the following information on the permit application, unless the applicant maintains a record of the original permit or verifies the Department has a record of a previous legal movement of the cactus by the applicant.

1. The name, telephone number, and signature of the landowner;

2. The address where the saguaro cactus is located;

3. The name, address, and telephone number of the receiver;

4. The name, address, and telephone number of the carrier;

5. The number, species, and description of the plant being removed;

6. The tax parcel identification number of the property where the saguaro cactus is being moved; and

7. The date of the application.

C. Movement of protected native plants obtained outside Arizona.

1. Any person moving a protected native plant obtained outside Arizona and transporting and planting it within the state shall declare the protected native plant at the agricultural inspection station nearest the port of entry. The Department shall place the protected native plant under "Warning Hold" to the nearest permitting office.

2. If an agricultural station is not in operation at the port of entry, the person shall declare the protected native plant at the nearest permitting office during normal office hours.

3. After the plants have been declared, the permitting office shall issue a Movement Permit and seal.

D. A. Seals. Any person importing protected native plants shall obtain import seals from the Department and securely attach the seal directly to each protected native plant.

1. Protected native plant seals identify protected native plants, except saguaro cacti, that will be moved from locations that are not the original growing sites.

2. Imported seals identify all imported protected native plants.

E. B. Tag and cord attachment.

1. A permittee shall attach a cord sealing tag to each protected native plant taken from its original growing site, using cord provided by the Department, before transport. No other type of rope, string, twine, or wire is allowed.

2. The cord shall be securely tied around the plant, and the cord sealing tag placed directly over the knot in the cord and the ends pressed firmly together sealing the knot so that it cannot be removed without breaking the Tag or cutting the cord.

3. The tag shall be placed directly over the knot in the cord and the ends pressed firmly together sealing the knot so that it cannot be removed for reuse.

4. The protected native plant seal shall be placed directly over the knot and snapped firmly closed, sealing the knot.

5. The imported seal shall be attached directly to the plant.

6.3. Upon loading the plant, every effort shall be made to allow visibility of the tag during transport.

History

• New Section recodified from R3-4-607 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Amended by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1). Amended by final rulemaking at 30 A.A.R. 3865, effective 2/2/2025.

Ariz. Admin. Code § R3-3-1108 Recordkeeping; Salvage Assessed and Harvest Restricted Native Plants

A. Salvage Assessed Native Plants.

1. A permittee shall maintain a record of each protected native plant removed under an annual permit for two years from the date of each transaction and allow Department inspection of the records during normal business hours. The transaction record shall include the date salvage assessed protected native plants were removed, the location where the plants were taken from, the location where the plants were replanted, and the permit and tag numbers.

2. A permittee shall maintain a record of written permission granted by a landowner for the collection of salvage assessed native plants.

2.3. Annually, by January 31, a permittee shall submit to the Department a copy of each transaction record for the prior calendar year.

B. Harvest Restricted Native Plants. A permittee shall submit to the Department by the tenth day of each month the transaction records for the previous month, or a written statement that no transactions were conducted for that month.

History

• New Section recodified from R3-4-608 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Amended by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1). Amended by final rulemaking at 30 A.A.R. 3865, effective 2/2/2025.

Ariz. Admin. Code § R3-3-1109 [Repealed]

History

• New Section recodified from R3-4-609 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Amended by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1). Repealed by final rulemaking at 30 A.A.R. 3865, effective 2/2/2025.

Ariz. Admin. Code § R3-3-1110 Permit Denial

A. A person that is found in violation of A.R.S. § 3-908 or the rules of this Article shall be denied a permit, tag, or seal applied for or issued, pursuant to this Article.

B. Upon notice of denial of a permit, an applicant may request, in writing, that the Department provide an administrative hearing under A.R.S. Title 41, Chapter 6, Article 10, to appeal the denial.

History

• New Section recodified from R3-4-610 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Amended by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1). Amended by final rulemaking at 30 A.A.R. 3865, effective 2/2/2025.

Ariz. Admin. Code § R3-3-1111 [REPEALED]

History

• New Section recodified from R3-4-611 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1). Repealed by final rulemaking at 14 A.A.R. 811, effective May 3, 2008 (Supp. 08-1).

Chapter 4 DEPARTMENT OF AGRICULTURE - PLANT SERVICES DIVISION

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R3-4-101 Definitions

In addition to the definitions provided in A.R.S. §§ 3-201, 3-231, 3-441, and 3-481, the following terms apply to this Chapter: "Appliance" means any box, tray, container, ladder, tent, vehicle, implement, or any article or thing that is or may be used in growing, harvesting, handling, packing, or transporting any agricultural commodity.

"Carrier" means any plant or thing that can transport or harbor a plant pest.

"Certificate" means an original document issued by the Department, the United States Department of Agriculture, or authorized officer of the state of origin, stating name, quantity, and nature of the regulated commodity, and the compliance information required by a specific regulation.

"Commodity" means any plant, produce, soil, material, or thing that may be subject to federal and state laws and rules.

"Container" means any box, crate, lug, chest, basket, carton, barrel, keg, drum, can, sack, or other receptacle for a commodity.

"Cotton" means all parts of Gossypium spp., except manufactured cotton products.

"Equipment" means any vehicle, device, implement, ladder, tent, or any article or thing that is or may be used in growing, harvesting, handling, packing, or transporting any agricultural commodity.

"Gin trash" means organic waste or materials resulting from ginning cotton.

"Host" means a plant on or in which a pest can live or reproduce, or both.

"Husk" means the membranous outer envelope of many seeds and fruit, such as an ear of corn or a nut.

"Infested" means

(i) any plant or other material on or in which a pest is found, or

(ii) a geographical area where a pest is known to occur.

"Inspector" means an employee of the Department or other governmental agency who enforces any law or rule of the Department.

"Lot" means any one group of plants or things, whether or not containerized that is set apart or is separate from any other group.

"Nursery" means real property or other premises on or in which nursery stock is propagated, grown, or cultivated or from which source nursery stock is offered for distribution or sale. (A.R.S. § 3-201(5))

"Permit" means an official document authorizing the movement of a host plant and carrier.

"Person" means an individual, partnership, corporation, association, governmental subdivision or unit of a governmental subdivision, a public or private organization of any character, or another agency.

"Pests" includes all noxious weeds, insects, diseases, mites, spiders, nematodes and other animal or plant organisms found injurious, or likely to become injurious, to any domesticated, cultivated, native or wild plant, or to the product of any such plant. (A.R.S. § 3-201(7))

"Phytosanitary certificate" means a certificate issued by a plant regulatory official for the purpose of certifying a commodity or appliance as pest free.

"Plant" or "crop" includes every kind of vegetation, wild or domesticated, and any part thereof, as well as seed, fruit or other natural product of such vegetation. (A.R.S. § 3-201(8))

"Processed product" means any fruit, vegetable, or other food product covered under the regulations in this part which has been preserved by any recognized commercial process, including, but not limited to canning, freezing, dehydrating, drying, the addition of chemical substances, or by fermentation. (7 CFR § 52.2)

"Sell" means to exchange for money or its equivalent including to offer, expose, or possess a commodity for sale or to otherwise exchange, barter, or trade.

"Soil" means any non-liquid combination of organic, or organic and inorganic material in which plants can grow.

"Subcontainer" means any container being used within another container.

"Transport" means moving an article from one point to another.

"Treatment" means an application of a substance as either a spray, mist, dust, granule, or fumigant; or a process in which a substance or procedure is used to control or eradicate a plant pest.

"Vector" means an organism (usually an insect) that may carry a pathogen from one host plant to another.

"Vehicle" means an automotive device, such as a car, bus, truck, or private or recreational vehicle.

History

• Former Rule 1; Amended effective June 16, 1977 (Supp. 77-3). Section R3-1-01 renumbered to R3-4-101 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2). New Section R3-4-101 renumbered from R3-4-102 without change, effective October 8, 1998 (Supp. 98-4). Amended by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3). Amended by final rulemaking at 19 A.A.R. 3860, effective January 4, 2014. Amended by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Ariz. Admin. Code § R3-4-102 Licensing Time-frames

A. Overall time-frame. The Department shall issue or deny a license within the overall time-frames listed in Table 1 after receipt of the complete application. The overall time-frame is the total of the number of days provided for the administrative completeness review and the substantive review.

B. Administrative completeness review.

1. The administrative completeness review time-frame established in Table 1 begins on the date the Department receives the application. The Department shall notify the applicant in writing within the administrative completeness review time-frame whether the application or request is incomplete. The notice shall specify what information is missing. If the Department does not provide notice to the applicant within the administrative completeness review time-frame, the Department considers the application complete.

2. An applicant with an incomplete license application shall supply the missing information within the completion request period established in Table 1. The administrative completeness review time-frame is suspended from the date the Department mails the notice of missing information to the applicant until the date the Department receives the information.

3. If the applicant fails to submit the missing information before the expiration of the completion request period, the Department shall close the file, unless the applicant requests an extension. An applicant whose file has been closed may obtain a license by submitting a new application.

C. Substantive review. The substantive review time-frame established in Table 1 shall begin after the application is administratively complete.

1. If the Department makes a comprehensive written request for additional information, the applicant shall submit the additional information identified by the request within the additional information period provided in Table 1. The substantive review time-frame is suspended from the date of the Department request until the information is received by the Department. If the applicant fails to provide the information identified in the written request within the additional information period, the Department shall deny the license.

2. The Department shall issue a written notice granting or denying a license within the substantive review time-frame. If the application is denied, the Department shall send the applicant written notice explaining the reason for the denial with citations to supporting statutes or rules, the applicant's right to seek a fair hearing, and the time period in which the applicant may appeal the denial.

History

• Former Rule 2; Amended effective June 19, 1978 (Supp. 78-3). Section R3-1-02 renumbered to R3-4-102 (Supp. 91-4). Section repealed, new Section adopted effective January 6, 1994 (Supp. 94-1). Section R3-4-102 renumbered to R3-4-101; new Section R3-4-102 adopted effective October 8, 1998 (Supp. 98-4).

Ariz. Admin. Code § R3-4-103 [REPEALED]

History

• Former Rule 3. Section R3-1-03 renumbered to R3-4-103 (Supp. 91-4). Repealed effective September 22, 1994 (Supp. 94-3).

Ariz. Admin. Code § R3-4-104 [REPEALED]

History

• Former Rule 4. Section R3-1-04 renumbered to R3-4-104 (Supp. 91-4). Repealed effective September 22, 1994 (Supp. 94-3).

Ariz. Admin. Code § R3-4-105 [REPEALED]

History

• Former Rule 5. Section R3-1-05 renumbered to R3-4-105 (Supp. 91-4). Amended effective September 22, 1994 (Supp. 94-3). Section repealed by final rulemaking at 6 A.A.R. 41, effective December 8, 1999 (Supp. 99-4).

Ariz. Admin. Code § R3-4-106 [REPEALED]

History

• Former Rule 6. Section R3-1-06 renumbered to R3-4-106 (Supp. 91-4). Repealed effective September 22, 1994 (Supp. 94-3).

Ariz. Admin. Code § R3-4-107 [REPEALED]

History

• Former Rule 7. Section R3-1-07 renumbered to R3-4-107 (Supp. 91-4). Amended effective September 22, 1994 (Supp. 94-3). Repealed by final rulemaking at 19 A.A.R. 3860, effective January 4, 2014.

Ariz. Admin. Code § R3-4-108 [REPEALED]

History

• Former Rule 8. Section R3-1-08 renumbered to R3-4-108 (Supp. 91-4). Repealed effective September 22, 1994 (Supp. 94-3).

Ariz. Admin. Code § R3-4-109 [REPEALED]

History

• Former Rule 9. Section R3-1-09 renumbered to R3-4-109 (Supp. 91-4). Repealed effective September 22, 1994 (Supp. 94-3).

Article 2 QUARANTINE

Ariz. Admin. Code § R3-4-201 Definitions

In addition to the definitions provided in A.R.S. §§ 3-201, 3-231, 3-441, 3-481, and A.A.C. R3-4-101, the following terms apply to this Article:

"Associate Director" means the Associate Director of the Plant Services Division.

"Common carrier" means any person transporting a commodity or equipment for compensation or commercial purpose.

"Compliance agreement" means a written agreement or permit between a person and the Department for the purpose of allowing the movement or production of a regulated commodity or used equipment from a quarantined area of this state and containing demonstrated safeguarding measures to ensure compliance with the purposes of A.R.S. Title 3, Chapter 2, Article 1.

"Cotton harvesting machine" means any machine used to pick or harvest raw cotton in a field.

"Firewood" means wood that has been cut, sawn, or chopped into a shape and size commonly used for fuel, or other wood intended for fuel.

"Fumigate" means to apply a gaseous substance to a commodity or used equipment in a closed area to eradicate a pest.

"Green lumber" means freshly sawn, unseasoned wood.

"Hull" means the dry outer covering of a seed or nut.

"Infected" means any plant or other material on or in which a disease is found.

"Label" means all tags and other written, printed, or graphic representations in any form, accompanying or pertaining to a plant or other commodity.

"Limited permit" means a permit issued by the Department to a common carrier or responsible party to transport a commodity or used equipment that would otherwise be restricted.

"Master permit" means a permit issued by the Department to another state department of agriculture that gives that other state authority to certify, in accordance with the terms of the permit, that a regulated commodity or used equipment may enter Arizona without a quarantine compliance certificate.

"Origin inspection agreement" means a permit issued by the Department to a person that specifies terms to ship or transport a regulated commodity or used equipment into Arizona, which importation would otherwise be prohibited by this Article, and that the State Plant Regulatory Official agrees with.

"Package" means

(i) any container, box, bag, or envelope used for the shipment of a commodity or used equipment through postal and parcel services or

(ii) individual packets of seeds for planting.

"Pest free" means apparently free from all regulated plant pests, as determined by an inspection.

"Pest Management Program" means any state or federally recognized program designed for the prevention, monitoring, and control of a pest or disease. Based on a targeted management (Integrated Pest Management) or holistic approach (Total Systems Approach Program) that incorporates best management practices, monitoring, cultivation practices, cultural controls, treatment programs and/or pest resistant plant varieties, cultivars or hybrids for the control or effective management of any live life stages of a pest or disease.

"Quarantine compliance certificate" means a certificate issued by a plant regulatory official of the originating state that establishes that a commodity or used equipment has been treated or inspected to comply with Arizona quarantine rules and orders and includes a certificate of inspection.

"Receiver" means any person or place of business listed on a bill of lading, manifest, or freight bill as a consignee or destination for a commodity or used equipment.

"Regulated plant pest" means all live life stages of an arthropod, disease, plant, nematode, or snail that is regulated or considered under quarantine by a state or federal law, rule or order enforced by the Department.

"Responsible party" means a common carrier, person, or place of business that is legally responsible for the possession of a commodity or used equipment.

"Stub or soca cotton" means cotton stalks of a previous crop that begin to show signs of growth.

"Treatment Manual" means the USDA-APHIS-PPQ Treatment Manual, T301-Cotton and Cotton Products, revised May 2017. The Treatment Manual is incorporated by reference, does not include any later amendments or editions, and is available from the Department and online at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/treatment.pdf.

History

• New Section made by final rulemaking at 19 A.A.R. 3860, effective January 4, 2014. Amended by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Ariz. Admin. Code § R3-4-202 Domestic Importation

A. Any commodity shipped or transported into the state shall be made available for inspection if required to determine whether the commodity is free of all live pests subject to federal and state laws and rules.

B. Each commodity shipped or transported into the state shall display the following information on a bill of lading, manifest, freight bill, or on the outside of the carton;

1. The name and address of the shipper and receiver;

2. A certificate of inspection for nursery stock, if applicable;

3. The botanical or common name of the commodity;

4. The quantity of each type of commodity;

5. The state or foreign country where each commodity originated;

6. Any other certificate required by this Article.

C. Packaging.

1. Any commodity shipped or transported into the state shall be packaged or wrapped in a manner to allow inspection by an inspector.

2. The following and other similar types of packages are prohibited:

a. Packages that cannot be opened without destroying either the package or its contents;

b. Packages that cannot, once opened, be resealed after inspection without the inspector supplying additional packing material to protect the contents;

c. Commodities that are packaged or sealed with wire or seals that cannot be opened and resealed without special tools or equipment;

d. Clear or colored waxes applied to a commodity that prevent inspection.

D. B. Restrictions.

1. Prior to or upon delivery, a shipper, consignor, or broker of a commodity, regulated or otherwise, (excluding processed products) which is shipped into the state must provide the receiver with a bill of lading, manifest, or other similar documentation that indicates:

a. The contact information of the consignor and consignee;

b. The contents of the shipment; and

c. The origin of the commodity.

2. A shipper, consignor, or broker must provide common carriers documentation prior to shipment containing the following additional information for any commodity that is shipped or transported into the state that is regulated by this article or other state or federal law, rule or order enforced by the Department:

a. The name and physical address of the shipper and receiver;

b. A certificate of inspection for nursery stock, if applicable;

c. The botanical or common name of the commodity, if applicable;

d. The trade or descriptive name of the used container or used equipment, if applicable;

e. The quantity of each type of commodity;

f. The county and state or foreign country where each commodity originated;

g. Any other certificate or permit required by this Article or other state or federal law, rule or order enforced by the Department.

2 3. Common carriers shall provide the receiver of a commodity regulated by this article or other state or federal law, rule or order enforced by the Department, with the documentation required under subsection (B)(2) at the time the regulated commodity is delivered to the receiver.

a. All carriers shall hold a commodity until it is inspected by an inspector and a Certificate of Release, under A.R.S. § 3-209, is issued. The Director may authorize a carrier to deliver a commodity to a consignee before the inspection.

i. If the commodity requiring inspection cannot be adequately inspected, the inspector may place the commodity under a "Warning-Hold for Agricultural Inspection."

ii. The inspector may seal the truck to prevent the likelihood of spreading harmful pests.

b. When a carrier enters the state at a port-of-entry where agriculture inspections are performed, the driver shall:

i. Provide the inspector with the bill of lading, manifest, or a short-form manifest signed by the company's authorized agent responsible for supervising the loading of the contents in the shipment;

ii. Open the vehicle and expose the contents for inspection; and

iii. Assist the inspector in gaining access to the contents.

c. When a carrier enters the state at a port-of-entry where no agricultural inspections are performed, the carrier shall follow procedures specified in subsection (D)(2)(b), proceed to destination for inspection, and provide the following information on a Load Report form:

i. The name, address, and telephone number of the shipper;

ii. The name, address, and telephone number of the primary receiver;

iii. The name and address of the carrier;

iv. The tractor unit number and trailer license number; and

v. The name and address of additional receivers, if any.

3. Bulk mail facility. All commodities entering a bulk mail facility shall be held for inspection. The commodity shall not be released until an inspector inspects the commodity and issues a Certificate of Release.

4. Railroad. Any commodity shipped by railroad shall be inspected at destination. The responsible party shall notify the Director in advance of the shipment to schedule an inspection of the commodity.

5. Out-of-state destination. If a commodity requiring inspection is shipped to a point outside the state, and is confirmed by a short-form manifest, freight bill, or bill of lading, the inspector shall give the driver a notice in writing, or by transit stamp, that the shipment is under quarantine while in the state, and it is unlawful to dispose of the shipment in any way unless the shipment is inspected and released by an inspector.

6. 4. Certificate of Release. Any person receiving a regulated commodity from a post office, package transportation and delivery terminal, or any carrier without a Certificate of Release shall immediately notify the Department and request an inspection.

E. Disposition of commodity. When a common carrier is in possession of, or responsible for, a commodity that has been inspected by an inspector and found in violation of this article or other state or federal law, rule or order enforced by the Department, and elects to ship the commodity out-of-state, A.R.S. § 3-210:

1. The inspector shall notify the shipper, consignor or broker that the commodity is being shipped out-of-state.

2. The common carrier shall follow the directions provided by the inspector on moving the commodity out-of-state.

F. Violations.

1. The inspector shall place any commodities not meeting the requirements of subsections (C)(1) and (C)(2) under quarantine and notify the shipper in writing of the following options:

a. Reship the commodity out-of-state;

b. Provide the necessary labor and material to open the package and reseal it after inspection; or

c. Under the supervision of an inspector, destroy the shipment.

2. Any person who violates any of the following provisions shall submit the load for complete inspection at a port-of-entry, or where apprehended;

a. Fails to comply with requirements on the "Warning-Hold for Agricultural Inspection" notice;

b. Fails to comply with the inspector's instructions;

c. Breaks the seals of a sealed vehicle; or

d. Delivers a product under quarantine before it is released by an inspector, or authorized by the Director.

History

• Former Rule, Quarantine Regulation 2; Amended effective July 1, 1975 (Supp. 75-1). Former Section R3-4-50 repealed, new Section R3-4-50 adopted effective October 23, 1978 (Supp. 78-5). Section R3-1-50 renumbered to R3-4-201 (Supp. 91-4). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3). Amended by final rulemaking at 19 A.A.R. 3860, effective January 4, 2014. Amended by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Ariz. Admin. Code § R3-4-203 Plant and Crop Safeguards, Inspection, and Certification

A. Definitions. In addition to the definitions provided in A.R.S. § 3-201, R3-4-101 and R3-4-201, the following terms apply to this Section:

1. "Actionable arthropod pest" means any arthropod pest that the Associate Director has determined to be an imminent threat to agriculture and horticulture within the state. Table 2, Actionable Arthropod Pests includes, but is not limited to, arthropod pests that would require immediate action and are prohibited from entry into the state.

2. "Actionable nematode pest" means any nematode pest that the Associate Director has determined to be an imminent threat to agriculture and horticulture within the state. Table 3, Actionable Nematode Pests includes, but is not limited to, nematode pests that would require immediate action and are prohibited from entry into the state.

3. "Pest Management Program" means any state or federally recognized program designed for the prevention, monitoring, and control of an actionable arthropod pest or actionable nematode pest. Based on a targeted management (Integrated Pest Management) or holistic approach (Total Systems Approach Program) that incorporates best management practices, monitoring, cultivation practices, cultural controls, treatment programs and/or pest resistant plant varieties, cultivars or hybrids for the control of any live life stages of an actionable arthropod pest or actionable nematode pest associated with the commodity, with a zero pest presence tolerance.

B. Regulated area. Unless otherwise indicated, all states, districts, and territories of the United States.

C. Commodities covered.

1. All plants and plant products for propagation, including nursery stock (bareroot or potted), budwood, seed for planting, cuttings, stolons, and tissue culture shipped or transported into the state that is a known host for an actionable arthropod pest or actionable nematode pest from the place of origin. Additionally, all agricultural, ornamental, and vegetable seed shall comply with the laws and regulations in Article 4 and any other law, order or federal regulation enforced by the Department.

2. All commercially harvested or bulk shipments of a plant or crop, excluding processed products, which are shipped or transported into the state that may harbor an actionable arthropod pest.

3. All domestic soil shipped or transported into the state that is:

a. Not authorized under a permit or compliance agreement issued by the U.S. Department of Agriculture;

b. Not sterilized and not packaged for retail sale;

c. Attached to a plant for the purpose of propagation; or

d. Used for the purpose of landscaping or grading.

4. All firewood and green lumber with attached bark.

5. All used equipment utilized for the propagation, harvesting, transport, and/or maintenance of a commodity listed in subsections (C)(1), (2), (3), or (4).

D. Restrictions.

1. For commodities listed in subsection (C) that are not accompanied by proof of compliance with this Section as indicated in the remainder of subsection (D); or are found infested with, or exposed to, an actionable arthropod pest or actionable nematode pest may be placed under quarantine until a disposition is determined by an inspector, A.R.S § 3-203.

2. In addition to the requirements under any other Section in this Article, law, order, or federal law enforced by the Department, the commodities listed in subsection (C)(1), are authorized for shipment or transport into the state provided a plant regulatory official at the place of origin issues a quarantine compliance certificate and statement of compliance with this Section by one of the following:

a. For an actionable arthropod pest known to occur at origin:

i. The commodities in the shipment or shipments are inspected and a plant regulatory official provides a certificate attesting that the commodity is apparently free of any live life stages of an actionable arthropod pest;

ii. The Associate Director and State Plant Regulatory Official of the origin state has placed the producer under a compliance agreement, authorizing a Pest Management Program for actionable arthropod pests, and has provided certification of compliance to the producer if all provisions of a Pest Management Program are met; or

iii. A certificate attesting to treatment for actionable arthropod pests known to occur in the origin location is issued by a plant regulatory official.

b. For an actionable nematode pest known to occur at origin:

i. The origin state determined through an annual survey conducted within the 12-month period immediately before shipment that the actionable nematode pests do not exist on the property or in the facility used to grow the commodity.

ii. The commodity in the shipment was sampled two weeks before shipment, and found free of actionable nematode pests.

iii. The commodity was protected from infestation of the actionable nematode pests by implementing all of the following steps:

(1) Propagated from clean seed or from cuttings taken 12 inches or higher above ground level;

(2) Planted in sterilized soil or other media prepared or treated to ensure freedom from actionable nematode pests;

(3) Retained in a sterilized container or bed;

(4) Placed on a sterilized bench or sterilized support 18 inches or higher from the ground or floor level; and

(5) Found pest-free using a sampling method approved by the Associate Director.

3. In addition to the requirements under any other Section in this Article, law, order, or federal law enforced by the Department, the commodities listed in subsection (C)(2), are authorized for shipment or transport into the state provided a plant regulatory official at the place of origin issues a quarantine compliance certificate and statement of compliance with this Section by one of the following:

a. Authorize and validate compliance for an area-wide control program for actionable arthropod pests known to occur at the origin location;

b. Inspect bulk shipments of commodities by standard risk-based sampling rates to achieve a 95% confidence level that the shipment is apparently free of any live life stages of an actionable arthropod pest known to occur at origin; or

c. Require treatment for actionable arthropod pests known to occur in the origin location by a method known to control the pest and verify effectiveness of treatment.

4. In addition to the requirements under any other Section in this Article, law, order, or federal law enforced by the Department, the commodities listed in subsection (C)(3), are authorized for shipment or transport into the state provided a plant regulatory official at the place of origin issues a quarantine compliance certificate and statement of compliance with this Section by one of the following:

a. Authorize and validate a Pest Management Program or an area-wide control program for actionable arthropod pests; or

b. Require treatment for actionable arthropod pests known to occur in the origin location by a method known to control the pest.

5. In addition to the requirements under any other Section in this Article, law, order, or federal law enforced by the Department, the commodities listed in subsection (C)(4), are authorized for shipment or transport into the state provided a plant regulatory official at the place of origin issues a quarantine compliance certificate and statement of compliance with this Section by one of the following:

a. Heat treatment as indicated in the USDA Treatment Manual, Heat Treatment Schedule: T314-a; and accompanied by a treatment certificate issued by a certified heat-treatment facility, or a state or federal regulatory official; or

b. Any other method approved by the Associate Director that eliminates all live life stages of an actionable arthropod pest.

6. In addition to the requirements under any other Section in this Article, law, order, or federal law enforced by the Department, the equipment listed in subsection (C)(5), are authorized for shipment or transport into the state provided it is accompanied by a quarantine compliance certificate issued by the origin state attesting that the commodity is reasonably free of all soil and extraneous plant material that could harbor a live life stage of an actionable arthropod pest.

E. Exemptions.

1. The Associate Director may issue an exemption to a restriction in this Section at the request of a State Plant Regulatory Official on an area-wide or county-wide basis, under the following conditions:

a. For an area-wide or county-wide exemption of a commodity (Master Permit):

i. The State Plant Regulatory Official agrees to comply with the conditions of a Master Permit that indicates the necessary safeguarding measures including monitoring, inspection, treatment, alternate treatment, and/or certification of the commodity.

ii. The Department may suspend or revoke a Master Permit if one or more shipments of a commodity are not in compliance with the conditions of the authorized Master Permit or live life stages of an actionable arthropod pest or actionable nematode pest are found.

b. For an exemption provided to a shipper of a commodity (Origin Inspection Agreement):

i. The State Plant Regulatory Official and the shipper agree to comply with the conditions of an Origin Inspection Agreement that indicates the necessary safeguarding measures including monitoring, inspection, treatment, alternate treatment, and/or certification of the commodity.

ii. The Department may suspend or revoke an Origin Inspection Agreement if one or more shipments of a commodity are not in compliance with the conditions of the Origin Inspection Agreement or live life stages of an actionable arthropod or actionable nematode pest are found.

2. Notwithstanding any other restriction, the Associate Director may declare a state, or an area within a state, exempt to a condition in this Section if it is demonstrated by a State Plant Regulatory Official that an actionable arthropod pest or actionable nematode pest is known not to occur in the origin state and that the actionable arthropod pest or actionable nematode pest is part of a state or federal authorized pest monitoring program that justifies the "free from" status.

F. Violations. Any shipper of a commodity listed in subsection (C) that is not in compliance with the restrictions indicated in subsection (D), or an actionable arthropod pest or actionable nematode pest are found on the shipment, the shipper may be temporarily suspended from shipping or transporting commodities listed in subsection (C) into the state under the following guidelines:

a. The shipper will be notified of the violations and corrective measures will be provided;

b. The origin State Plant Regulatory Official will be notified of the violation and suspension;

c. The shipper will be required to contact the origin State Plant Regulatory Official to confirm completion of corrective measures;

d. The origin State Plant Regulatory Official will contact the Department to request approval to retract the suspension upon successful completion of the corrective measures; and

e. The Associate Director may retract the suspension upon satisfactory completion of the corrective measures.

History

• Former Rule, Quarantine Regulation 4. Repealed effective October 23, 1978 (Supp. 78-5). Section R3-1-52 renumbered to R3-4-203 (Supp. 91-4). Amended by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020. Amended by final rulemaking at 29 A.A.R. 3932, effective 2/4/2024.

Ariz. Admin. Code § R3-4-204 Cotton Pest Management: Interior

A. Definitions. The following terms apply to this Section:

1. "Crop remnant" means the stalks, leaves, bolls, lint, pods, and seeds of cotton;

2. "Pests" means any of the following:

a. Pink bollworm, Pectinophora gossypiella (Saunders); or

b. Boll weevil complex, Anthonomus grandis (Boheman) complex.

2. "Stub cotton" means cotton stalks of a previous crop that begin to show signs of growth;

3. "Volunteer cotton" means a sprout from seed of a previous crop.

B. Regulated commodities and appliances.

1. Cotton, all parts

2. Cotton gin trash;

3. Used cotton harvesting machines; and

4. Other materials, products, and equipment that are means of disseminating or proliferating the pests.

C. Cotton gin trash. Any person operating an Arizona cotton gin shall daily destroy cotton gin trash by using a method prescribed in the Treatment Manual.

D. Restrictions.

1. A person shall not ship or transport a regulated commodity or appliance from an area infested with pests except pursuant to a limited permit issued by or a compliance agreement with the Department.

2. Any person intending to ship or transport a regulated commodity pursuant to a limited permit or compliance agreement shall provide the Department with the following information before the date of movement or shipment:

a. The quantity of the regulated commodity or appliance to be moved;

b. The location of the commodity or appliance;

c. The names and addresses of the consignee and consignor;

d. The method of shipment; and

e. The scheduled date of the shipment.

3. The shipper shall attach all permits and compliance agreements to the manifest, waybill, or bill of lading which shall accompany the shipment.

4. Permits and compliance agreements shall specify the manner of handling or treating a regulated commodity or appliance. Pink bollworm and boll weevil treatment shall be under official supervision and applied as prescribed in the Treatment Manual.

E C. Cultural practices.

1. Arizona's cultural zones are:

a. Zone "A" -- Yuma County west of a line extended directly north and directly south of Avenue 58E.

b. Zone "B" -- Cochise County, Graham County, and Greenlee County.

c. Zone "C" -- Mohave County and La Paz County, except for the following: T6N, R11W, 12W, 13W; T5N, R12W, 13W; T4N, R12W, 14W, 15W; T3N, R10W, 11W; and T2N, R11W.

d. Zone "D" -- Pima County; the following portions of Pinal County: T10S, R10E, sections 34-36; T10S, R11E, section 31; T7S, R16E; T6S, R16E; T5S, R15E; T5S, R16E and T4S, R14E; and the following portions of the Aguila area: T6N, R8W; T7N, R8W, 9W, 10W; T7N, R11W, other than sections 24, 25 and 36; and T8N, R9W, sections 31-36.

e. Zone "E" -- All portions of the state not included in zones "A", "B", "C", and "D."

2. No stub or volunteer cotton shall be grown in or allowed to grow in the state. The landowner or grower shall be responsible for eliminating stub or volunteer cotton.

3. Tillage deadline. Except as provided in subsection (C)(4), a grower shall ensure that a crop remnant of a host plant remaining in the field after harvest is shredded and the land tilled to destroy the host plant and its root system so no stalks remain attached to the soil before the following dates or before planting another crop, whichever occurs earlier: Zone "A", January 15; Zone "B", March 1; Zone "C", February 15; Zone "D", March 1; Zone "E", February 15.

4. Rotational crop following cotton harvest.

a. If a grower elects to plant a small-grain crop following a cotton harvest, the grower may, after the host plant is shredded, irrigate and plant with wheat, barley, or oats (or other similar small-grain crops approved in writing by the Associate Director before planting) instead of tilling as prescribed in subsection (C)(3). The small-grain crop shall be planted before the tillage deadline for the zone.

b. The Associate Director shall approve small-grain crops other than wheat, barley, and oats, if the planting, growth, and harvest cycles of the small-grain crop prevents the maturation of stub or volunteer cotton. A grower shall submit a written request for approval of a small-grain crop, other than wheat, barley, or oats, at least 15 days before the tillage deadline for the zone. The written request shall include the scientific and common name of the proposed small-grain crop and the estimated date of harvest.

c. If a grower elects to plant a crop other than an approved small-grain crop following a cotton harvest, the requirements specified in subsection (C)(3) apply.

5. Planting dates.

a. A grower who meets the tillage deadline specified in subsection (C)(3) for the preceding cotton crop year shall not plant cotton earlier than 15 days after the tillage deadline for the zone.

b. A grower who does not meet the tillage deadline specified in subsection (C)(3) for the preceding cotton crop year shall not plant cotton on a farm until 15 days after the grower ensures that all crop remnants of a host plant remaining in the fields after harvest are shredded and the land tilled to destroy the host plant and its root system so no stalks remain attached to the soil.

6. Dry planting. Any grower who meets the tillage deadline for the zone may dry plant cotton five days after the tillage deadline for that zone, but shall not water until 15 days after the tillage deadline for that zone.

7. An inspector shall give written notice to any owner or person in charge or control of the nuisance found in violation of subsection (C). The processes established in subsections (C)(3) and (C)(4) shall be repeated, as necessary, to destroy the pests.

F. Advisory Committee. The Director, as necessary, shall appoint an advisory committee composed of the nominated representatives of the Arizona Cotton Growers Association and the Arizona Cotton Research and Protection Council and such other individuals as may be necessary to make recommendations to the Department on amendments to this Section.

History

• Former Rule, Quarantine Regulation 5. Amended effective January 24, 1978 (Supp. 78-1). Former Section R3-4-53 repealed, new Section R3-4-53 adopted effective December 2, 1982. See also R3-4-53.01 through R3-4-53.07 (Supp. 82-6). Section R3-1-53 renumbered to R3-4-204 (Supp. 91-4). Section repealed, new Section adopted effective May 7, 1993 (Supp. 93-2). Amended effective September 22, 1994 (Supp. 94-3). Amended effective July 10, 1995 (Supp. 95-3). Amended effective November 7, 1996 (Supp. 96-4). Amended by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 2082, effective May 15, 2000 (Supp. 00-2). Amended by final rulemaking at 19 A.A.R. 3860, effective January 4, 2014. Amended by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Ariz. Admin. Code § R3-4-205 Renumbered

History

• Adopted effective December 2, 1982. See also R3-4-53 and R3-4-53.02 through R3-4-53.07 (Supp. 82-6). Section R3-1-53.01 renumbered to R3-4-205 (Supp. 91-4). Repealed effective May 7, 1993 (Supp. 93-2). New Section adopted effective December 20, 1994 (Supp. 94-4). Section R3-4-205 renumbered to R3-4-501 and amended, effective April 9, 1998 (Supp. 98-2).

Ariz. Admin. Code § R3-4-206 [REPEALED]

History

• Adopted effective December 2, 1982. See also R3-4-53, R3-4-53.01 and R3-4-53.03 through R3-4-53.07 (Supp. 82-6). Section R3-1-53.02 renumbered to R3-4-206 (Supp. 91-4). Repealed effective May 7, 1993 (Supp. 93-2).

Ariz. Admin. Code § R3-4-207 [REPEALED]

History

• Adopted effective December 2, 1982. See also R3-4-53, R3-4-53.01, R3-4-53.02 and R3-4-53.04 through R3-4-53.07 (Supp. 82-6). Section R3-1-53.03 renumbered to R3-4-207 (Supp. 91-4). Repealed effective May 7, 1993 (Supp. 93-2).

Ariz. Admin. Code § R3-4-208 [REPEALED]

History

• Adopted effective December 2, 1982. See also R3-4-53, R3-4-53.01 through R3-4-53.03 and R3-4-53.05 through R3-4-53.07 (Supp. 82-6). Section R3-1-53.04 renumbered to R3-4-208 (Supp. 91-4). Repealed effective May 7, 1993 (Supp. 93-2).

Ariz. Admin. Code § R3-4-209 [REPEALED]

History

• Adopted effective December 2, 1982. See also R3-4-53, R3-4-53.01 through R3-4-53.04, R3-4-53.06, and R3-4-53.07 (Supp. 82-6). Amended effective October 21, 1983 (Supp. 83-5). Amended effective July 24, 1985 (Supp. 85-4). Amended effective May 5, 1986 (Supp. 86-3). Amended effective May 10, 1988 (Supp. 88-2). Amended subsection (B) effective December 27, 1988 (Supp. 88-4). Amended effective December 22, 1989 (Supp. 89-4). Section R3-1-53.06 renumbered to R3-4-209 (Supp. 91-4). Repealed effective May 7, 1993 (Supp. 93-2).

Ariz. Admin. Code § R3-4-210 [REPEALED]

History

• Adopted effective December 2, 1982. See also R3-4-53, R3-4-53.01 through R3-4-53.05 and R3-4-53.07 (Supp. 82-6). Section R3-1-53.06 renumbered to R3-4-210 (Supp. 91-4). Repealed effective May 7, 1993 (Supp. 93-2).

Ariz. Admin. Code § R3-4-211 [REPEALED]

History

• Adopted effective December 2, 1982. See also R3-4-53, R3-4-53.01 through R3-4-53.06 (Supp. 82-6). Section R3-1-53.07 renumbered to R3-4-211 (Supp. 91-4). Repealed effective May 7, 1993 (Supp. 93-2).

Ariz. Admin. Code § R3-4-212 [REPEALED]

History

• Former Rule, Quarantine Regulation 6. Amended effective July 1, 1975 (Supp. 75-1). Amended effective April 26, 1976 (Supp. 76-2). Amended effective June 16, 1977 (Supp. 77-3). Repealed effective June 19, 1978 (Supp. 78-3). Adopted as an emergency effective October 21, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 19, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Emergency expired. Former Section R3-4-54 adopted as an emergency now adopted without change effective May 15, 1984. See also R3-4-54.01 thru R3-4-54.05 (Supp. 84-3). Section R3-1-54 renumbered to R3-4-212 (Supp. 91-4). Repealed effective April 3, 1997 (Supp. 97-2).

Ariz. Admin. Code § R3-4-213 [REPEALED]

History

• Adopted as an emergency effective October 21, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 19, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Emergency expired. Former Section R3-4-54.01 adopted as an emergency now adopted and amended effective May 15, 1984. See also R3-4-54, R3-4-54.02 thru R3-4-54.05 (Supp. 84-3). Section R3-1-54.01 renumbered to R3-4-213 (Supp. 91-4). Repealed effective April 3, 1997 (Supp. 97-2).

Ariz. Admin. Code § R3-4-214 [REPEALED]

History

• Adopted as an emergency effective October 21, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 19, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Emergency expired. Former Section R3-4-54.02 adopted as an emergency now adopted and amended effective May 15, 1984. See also R3-4-54, R3-4-54.01, R3-4-54.03 thru R3-4-54.05 (Supp. 84-3). Section R3-1-54.02 renumbered to R3-4-214 (Supp. 91-4). Repealed effective April 3, 1997 (Supp. 97-2).

Ariz. Admin. Code § R3-4-215 [REPEALED]

History

• Adopted as an emergency effective October 21, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 19, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Emergency expired. Former Section R3-4-54.03 adopted as an emergency now adopted and amended effective May 15, 1984. See also R3-4-54, R3-4-54.01, R3-4-54.02, R3-4-54.04 and R3-4-54.05 (Supp. 84-3). Section R3-1-54.03 renumbered to R3-4-215 (Supp. 91-4). Repealed effective April 3, 1997 (Supp. 97-2).

Ariz. Admin. Code § R3-4-216 [REPEALED]

History

• Adopted as an emergency effective October 21, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-5). Adopted as an emergency effective January 19, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-1). Emergency expired. Former Section R3-4-54.04 adopted as an emergency now adopted and amended effective May 15, 1984. See also R3-4-54, R3-4-54.01 thru R3-4-54.03, and R3-4-54.05 (Supp. 84-3). Section R3-1-54.04 renumbered to R3-4-216 (Supp. 91-4). Repealed effective April 3, 1997 (Supp. 97-2)

Ariz. Admin. Code § R3-4-217 [REPEALED]

History

• Adopted effective May 15, 1984. See also R3-4-54, R3-4-54.01 thru R3-4-54.04 (Supp. 84-3). Section R3-1-54.05 renumbered to R3-4-217 (Supp. 91-4). Repealed effective April 3, 1997 (Supp. 97-2).

Ariz. Admin. Code § R3-4-218 Boll Weevil Pest: Exterior Quarantine

A. Definitions. In addition to the definitions provided in A.R.S. § 3-201, A.A.C. R3-4-101 and R3-4-201, the following terms apply to this Section:

"Cotton appliance" means a container used in handling cotton, including sacks, bags, tarps, boxes, crates, and machinery used in planting, harvesting and transporting cotton.

2. "Cotton lint" means the remnant produced when cottonseed is processed in a gin.

2 3. "Cottonseed" means a seed derived from cotton plants which is destined for propagation or other use.

3 4. "Fumigation certificate" means a quarantine compliance certificate that specifies the fumigation chemical used, the treatment schedule, and the commodity treated.

4 5. "Hibiscus" means all parts of Hibiscus spp.

5 6. "Pest" means the following, notwithstanding the definition in A.R.S. § 3-201:

a. Boll weevil, Anthonomus grandis (Boheman).

b. Pink bollworm, Pectinophora gossypiella (Saunders).

6 7. "Spanish moss" means all parts of Tillandsia usneoides .

B. Area under quarantine.

1. In the state of Texas, the following counties: Anderson, Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bell, Bexar, Blanco, Bosque, Bowie, Brazoria, Brazos, Brooks, Burleson, Burnett, Caldwell, Calhoun, Cameron, Camp, Cass, Chambers, Cherokee, Collin, Colorado, Comal, Cooke, Coryell, Dallas, Delta, Denton, De Witt, Dimmit, Duval, Ellis, Falls, Fannin, Fayette, Fort Bend, Franklin, Freestone, Frio, Galveston, Gillespie, Goliad, Gonzales, Grayson, Gregg, Grimes, Guadalupe, Hamilton, Hardin, Harris, Harrison, Hays, Henderson, Hidalgo, Hill, Hood, Hopkins, Houston, Hunt, Jack, Jackson, Jasper, Jefferson, Jim Hogg, Jim Wells, Johnson, Karnes, Kaufman, Kendall, Kenedy, Kinney, Kleberg, Lamar, Lampasas, La Salle, Lavaca, Lee, Leon, Liberty, Limestone, Live Oak, Llano, Madison, Marion, Matagorda, Maverick, McLennan, McMullen, Medina, Milam, Mills, Montague, Montgomery, Morris, Nacogdoches, Navarro, Newton, Nueces, Orange, Panola, Parker, Polk, Rains, Red River, Refugio, Robertson, Rockwall, Rusk, Sabine, San Augustine, San Jacinto, San Patricio, San Saba, Shelby, Smith, Somervell, Starr, Tarrant, Titus, Travis, Trinity, Tyler, Upshur, Uvalde, Van Zandt, Victoria, Walker, Waller, Washington, Webb, Wharton, Willacy, Williamson, Wilson, Wise, Wood, Zapata, and Zavala.

2. Pink bollworm. New Mexico, Texas, and the following counties of California: Fresno, Imperial, Inyo, Kern, Kings, Los Angeles, Madera, Merced, Orange, Riverside, San Bernardino, San Benito, San Diego, and Tulare.

C. Regulated commodities.

1. Gin trash,

2. Cotton lint,

3. Cottonseed,

4. Used cotton appliances or equipment that have any cotton plants attached or contained therein,

5. Cotton plants,

6. Spanish moss, and

7. Hibiscus plants.

D. Restrictions. A person shall not ship or transport into Arizona from an area under quarantine:

1. For the pink bollworm, any regulated commodity or appliance that is not accompanied by a permit or certificate required by 7 CFR 301.52 et seq., revised January 1, 2013. This incorporation by reference does not include any later amendments or editions and is available from the Department and online at http://www.gpo.gov/fdsys/.

2. For the boll weevil,

a 1. Gin trash, cotton lint, cottonseed, or used cotton appliances or equipment that have any cotton plants attached or contained therein unless the commodity or appliance is accompanied by an original fumigation certificate attesting the commodity or appliance has been fumigated as prescribed in the Treatment Manual.

b 2. Cotton plants or hibiscus plants unless the commodity is accompanied by an original quarantine compliance certificate attesting the commodity was treated with a chemical to kill the pest and was visually inspected and found free of all live life stages of the pest within five days of shipment.

c 3. Spanish moss, unless the commodity is accompanied by an original quarantine compliance certificate attesting the commodity was treated by one of the following methods:

i a. Commercial drying; or

ii b. Chemical treatment using a pesticide registered and labeled for use on the commodity to kill all live life stages of the pest.

History

• Former Rule, Quarantine Regulation 7. Section R3-4-55 repealed, new Section adopted effective August 16, 1990 (Supp. 90-3). Section R3-1-55 renumbered to R3-4-218 (Supp. 91-4). Amended by final rulemaking at 19 A.A.R. 3860, effective January 4, 2014. Amended by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Ariz. Admin. Code § R3-4-219 [Repealed]

History

• Former Rule, Quarantine Regulation 8. Repealed effective December 19, 1980 (Supp. 80-6). Adopted as an emergency effective April 11, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-2). Emergency adoption expired. Permanent rule adopted effective November 15, 1984 (Supp. 84-6). Former Section R3-4-56 repealed, former Sections R3-4-56.01 through R3-4-56.04 renumbered and amended as Section R3-4-56 effective June 20, 1986 (Supp. 86-3). Repealed June 29, 1990 (Supp. 90-2). New Section adopted effective April 11, 1991 (Supp. 91-2). Section R3-1-56 renumbered to R3-4-219 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 3380, effective October 2, 2004 (Supp. 04-3). Repealed by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Ariz. Admin. Code § R3-4-220 Citrus Nursery Stock Pests

A. Definitions. In addition to the definitions provided in A.R.S. § 3-201, A.A.C. R3-4-101 and R3-4-201, the following terms apply to this Section:

"Diseases" means any of the following diseases, notwithstanding the definition in A.R.S. § 3-201:

a. Citrus Cachexia (CCaVd),

b. Citrus Exocortis Virus (CEVd),

c. Citrus Psorosis Virus (CPsV),

d. Citrus Tristeza Virus (CTV), or

e. Citrus greening disease (HLB), Candidatus Liberibacter asiaticus .

2. Arthropods. All life stages of:

Aceria sheldoni, Citrus bud mite; Maconellicoccus hirsutus, Pink hibiscus mealybug; Phyllocoptruta oleivora, Citrus rust mite; or Pseudococcus comstocki, Comstock mealybug.

2. "Shoot-tip-grafting" means a treatment method that employs micro-grafting to eliminate the chances of transmitting a disease.

3. "Thermotherapy" means a treatment method for propagative material that employs high temperatures to eliminate the presence of a disease.

B. Area under quarantine. All states, territories, and districts of the United States, except the state of Arizona.

C. Regulated commodities.

1. Citrus nursery stock. All plants or plant parts, except seed or attached green fruit, of all species, varieties, or hybrids of the genera Citrus , Eremocitrus , Fortunella , Poncirus , and Microcitrus .

2. Appliances. An appliance used in a citrus grove, citrus nursery, or other area to handle citrus nursery stock listed in subsection (C)(1).

D. Restrictions.

1. A person may ship a regulated commodity into Arizona from an area under quarantine if the regulated commodity is accompanied by a certificate issued by a plant regulatory official from the origin state, attesting that the commodity:

a. Originates from an area not under quarantine for citrus tristeza virus, and

b. Originates from a source tree that is:

i. Tested for Cachexia, citrus exocortis virus, and citrus psorosis virus; or

ii. From budwood tested for Cachexia, citrus exocortis virus, and citrus psorosis virus; and

iii. Tested annually for citrus tristeza virus; and

c. Was treated within five days before shipment with a chemical to kill the arthropod pests listed in subsection (A)(2), and that the commodity is free of all live life stages of the arthropod pests listed in subsection (A)(2).

2. A person shall not ship a Meyer lemon plant or plant part, except fruit, into Arizona. An exception is allowed for the selection Improved Meyer lemon plant or plant part, which may be shipped into Arizona in compliance with this Section.

1. The commodity listed in subsection (C) is prohibited from entry into the state from the area under quarantine unless one of the following conditions are met prior to shipment:

a. The regulated commodity is permitted under a USDA-APHIS approved program for the interstate movement of citrus nursery stock;

b. A regulated commodity that is not subject to the restrictions for the interstate movement of citrus nursery stock may be certified under an origin state department of agriculture authorized program or National Clean Plant Network program that ensures the regulated commodity is foundation or source material, or has been propagated from a foundation or source tree that has been:

i. Tested and found free of the diseases listed in subsection (A)(1)(a),(b),(c), and (d) within the previous 36 months;

ii. Tested and found free of the disease listed in subsection (A)(1)(e) within the previous 12 months;

iii. Treated by thermotherapy or shoot-tip-grafting;

iv. Assigned and tagged with an index number; and

v. Released from the origin state or federal quarantine.

c. The regulated commodity is safeguarded and certified by an alternative method approved by the Associate Director.

3. 2. A person shipping a regulated commodity into Arizona shall attach a single tag or label to each plant or plant part, or to each individual container containing a plant or plant part, that is intended for resale by an Arizona receiver. The tag or label shall contain the following information separately provided for each scion variety grafted to a single rootstock:

a. Name and address of the nursery that propagated the plant,

b. Scion variety name,

c. Scion variety registration number, and

d. Rootstock variety name.

4. A person shipping a regulated commodity into Arizona shall ensure the commodity complies with the entry requirements prescribed in R3-4-226 and R3-4-238 .

5. A person may ship a regulated appliance into Arizona if the appliance is accompanied by a certificate issued by a plant regulatory official from the origin state. The certificate shall state that the appliance was treated within five days before shipment with a chemical to kill the arthropod pests listed in subsection (A)(2), and that the appliance is free of all live life stages of the arthropod pests listed in subsection (A)(2).

E. Disposition of regulated commodity not in compliance. A regulated commodity shipped into Arizona in violation of this Section shall be destroyed, treated, or transported out-of-state (A.R.S. § 3-210).

History

• Former Rule, Quarantine Regulation 9. Amended effective July 1, 1975 (Supp. 75-1). Former Section R3-4-57 amended and renumbered as R3-4-57 through R3-4-57.05 effective February 16, 1982 (Supp. 82-1). Section repealed, new Section adopted effective June 14, 1990 (Supp. 90-2). Section R3-1-57 renumbered to R3-4-220 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 3380, effective October 2, 2004 (Supp. 04-3). Amended by final rulemaking at 12 A.A.R. 4065, effective December 4, 2006 (Supp. 06-4). Amended by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Ariz. Admin. Code § R3-4-221 [REPEALED]

History

• Former Section R3-4-57 amended and renumbered as R3-4-57 through R3-4-57.05 effective February 16, 1982 (Supp. 82-1). Repealed effective June 14, 1990 (Supp. 90-2). Section R3-1-57.01 renumbered to R3-4-221 (Supp. 91-4).

Ariz. Admin. Code § R3-4-222 [REPEALED]

History

• Former Section R3-4-57 amended and renumbered as R3-4-57 through R3-4-57.05 effective February 16, 1982 (Supp. 82-1). Repealed effective June 14, 1990 (Supp. 90-2). Section R3-1-57.02 renumbered to R3-4-222 (Supp. 91-4).

Ariz. Admin. Code § R3-4-223 [REPEALED]

History

• Former Section R3-4-57 amended and renumbered as R3-4-57 through R3-4-57.05 effective February 16, 1982 (Supp. 82-1). Repealed effective June 14, 1990 (Supp. 90-2). Section R3-1-57.03 renumbered to R3-4-223 (Supp. 91-4).

Ariz. Admin. Code § R3-4-224 [REPEALED]

History

• Former Section R3-4-57 amended and renumbered as R3-4-57 through R3-4-57.05 effective February 16, 1982 (Supp. 82-1). Repealed effective June 14, 1990 (Supp. 90-2). Section R3-1-57.04 renumbered to R3-4-224 (Supp. 91-4).

Ariz. Admin. Code § R3-4-225 [REPEALED]

History

• Former Section R3-4-57 amended and renumbered as R3-4-57 through R3-4-57.05 effective February 16, 1982 (Supp. 82-1). Repealed effective June 14, 1990 (Supp. 90-2). Section R3-1-57.05 renumbered to R3-4-225 (Supp. 91-4).

Ariz. Admin. Code § R3-4-226 [Repealed]

History

• Former Rule, Quarantine Regulation 10; Amended effective August 31, 1981 (Supp. 81-4). Former Section R3-4-58 repealed, new Section R3-4-58 adopted effective July 13, 1989 (Supp. 89-3). Section R3-1-58 renumbered to R3-4-226 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 3380, effective October 2, 2004 (Supp. 04-3). Amended by final rulemaking at 12 A.A.R. 4065, effective December 4, 2006 (Supp. 06-4). Repealed by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Ariz. Admin. Code § R3-4-227 [REPEALED]

History

• Former Rule, Quarantine Regulation 11. Section R3-1-59 renumbered to R3-4-227 (Supp. 91-4). Repealed effective April 3, 1997 (Supp. 97-2).

Ariz. Admin. Code § R3-4-228 [Repealed]

History

• Former Rule, Quarantine Regulation 12. Amended effective July 1, 1975 (Supp. 75-1). Amended effective June 19, 1978 (Supp. 78-3). Amended subsection (C) effective January 21, 1981 (Supp. 81-1). Amended effective August 11, 1987 (Supp. 87-3). Section R3-1-60 renumbered to R3-4-228 (Supp. 91-4). Amended by final rulemaking at 10 A.A.R. 3374, effective October 2, 2004 (Supp. 04-3). Repealed by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Ariz. Admin. Code § R3-4-229 Nut Tree Pests

A. Definitions. In addition to the definitions provided in A.R.S. § 3-201, A.A.C. R3-4-101 and R3-4-201, the following terms apply to this Section:

"Brooming" means a phytoplasma disease that drastically reduces nut production and sometimes causes death of the host tree.

2. "Pest" means any of the following, notwithstanding the definition in A.R.S. § 3-201:

a. Pecan leaf casebearer, Acrobasis juglandis ;

b. Pecan nut casebearer, Acrobasis nuxvorella ;

c. Pecan phylloxera, Phylloxera notabilis ; and

d. The phytoplasma disease that causes brooming disease of walnut.

B. Area under quarantine: All states, districts, and territories of the United States except California.

C. Infested area.

1. For the pests in subsection (A)(2)(a) and (b): All states and districts east of and including the states of Montana, Wyoming, Colorado, and New Mexico.

2. For the pest in subsection (A)(2)(c): Alabama, Arkansas, Louisiana, Mississippi, Oklahoma, and Texas.

3. For the pest in subsection (A)(2)(d): All states and districts east of and including Montana, Wyoming, Colorado, and New Mexico.

D. Commodities covered:

1. All species and varieties of the following trees and all plant parts capable of propagation, except the nuts. Plant parts include buds, scions, and rootstocks:

a. Hickory and pecan ( Carya spp.);

b. Walnut and butternut ( Juglans spp.);

2. All by-products of pruning, harvesting and/or processing, including firewood of a commodity listed in subsection (D)(1).

3. Any used equipment used during the growing, harvesting, care, or maintenance of a commodity listed in subsection (D)(1);

4. Any used container, used in the handling, storage, or transport of a commodity listed in subsection (D)(1).

E. Restrictions:

1. The commodities listed in subsection (D)(1), that are potted in any growing media shall be prohibited from the area under quarantine, unless otherwise exempted by the Associate Director.

1. 2. The commodities listed in subsection (D)(1), that are not potted in any growing media, shall be admitted into Arizona:

a. From the infested area prescribed in subsections (C)(1) and (C)(2) if treated at origin and each lot or shipment is accompanied by a certificate issued by a plant regulatory official affirming the commodity has been treated in accordance with a selected method prescribed in subsection (F)(1), (2), or (5);

b. From an area under quarantine outside the infested area, if each lot or shipment is accompanied by a certificate issued by a plant regulatory official affirming that the commodities originated in a county not known to be infested with the pests listed in subsections (A)(2)(a), (b), and (c).

2. 3. The commodities listed in subsection (D)(1)(b) shall be:

a. Prohibited from entering Arizona from the infested area prescribed in subsection (C)(3);

b. Admitted into Arizona from an area under quarantine outside the infested area prescribed in subsection (C)(3), if each lot or shipment is accompanied by a certificate issued by a plant regulatory official affirming the pest listed in subsection (A)(2)(d) is unknown in the origin county.

3. 4. The commodities listed in subsection (D)(2) are prohibited from entering the state unless treated by a method prescribed in subsection (F)(1), (3), or (5).

5. The commodities listed in subsections (D)(3) and (4) are prohibited from entering the state unless treated by a method indicated in subsection (F)(1),(4) or (5).

F. Treatments:

1. Methyl bromide fumigation at manufacturers recommended rates.

a. 2 lbs. per 1,000 cu.ft. for four hours at 70° F or more,

b. 3 lbs. per 1,000 cu.ft. for four hours at 60-69° F.

2. A hot-water dip at 140° F or more for a minimum of 30 continuous seconds.

3. Heat treated to an internal temperature of 160º F at the center of the commodity for at least 75 minutes.

3. 4. Used equipment and containers.

a. Steam-cleaned, inspected, and certified free from debris by the origin state, or

b. Cold treatment in a cold storage chamber at or below 0° F for at least seven consecutive days (168 hours).

4. 5. Any other treatment approved by the Associate Director.

History

• Former Rule, Quarantine Regulation 13. Amended subsections (C), (E) and (G) effective May 5, 1986 (Supp. 86-3). Section R3-1-61 renumbered to R3-4-229 (Supp. 91-4). Amended effective January 16, 1996 (Supp. 96-1). Amended by final rulemaking at 6 A.A.R. 41, effective December 8, 1999 (Supp. 99-4). Subsection citation in subsection (E)(1)(b) amended to correct manifest typographical error (Supp. 03-2). Amended by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Ariz. Admin. Code § R3-4-230 [REPEALED]

History

• Former Rule, Quarantine Regulation 14. Section R3-1-62 renumbered to R3-4-230 (Supp. 91-4). Section repealed by final rulemaking at 10 A.A.R. 3380, effective October 2, 2004 (Supp. 04-3).

Ariz. Admin. Code § R3-4-231 Nut Pests

A. Definitions. In addition to the definitions provided in A.R.S. § 3-201 and A.A.C. R3-4-101 and R3-4-201, the following term applies to this Section:

"Pest" means any of the following, notwithstanding the definition in A.R.S. § 3-201:

1. Pecan weevil, C urculio caryae ;

2. Butternut curculio, Conotrachelus juglandis ;

3. Black walnut curculio, Conotrachelus retentus ;

4. Hickory shuckworm, Cydia caryana.

"Sticktights" means the remnant husks and/or debris that remain on an in-shell nut after the cleaning process.

B. Area under quarantine:

1. For the pest under subsection (A)(1): The New Mexico counties of Chaves, Curry, Eddy, and Lea and all other states and districts of the United States except California.

2. For the pest under subsection (A)(2): The New Mexico counties of Lea, Eddy, and Dona Ana, and all other states and districts of the United States except California.

3. For the pests under subsection (A)(3) and (4): All states and districts of the United States except California.

C. Commodities covered:

1. Nuts of all species and varieties of hickory, pecan (Carya spp.), walnut and butternut (Juglans spp.), except extracted nut meats.

2. Any used equipment used during growing, harvesting, care, or maintenance of a commodity listed in subsection (C), (1).

3. Any used container, used in the handling, storage, or transport of a commodity listed in subsection (C)(1).

D. Restrictions:

1. A commodity listed in subsection (C)(1), originating in or shipped from the area under quarantine, shall be admitted into Arizona if the commodity has been cleaned of husks, hulls, debris, and sticktights and each lot or shipment is accompanied by a certificate issued by a plant regulatory official affirming the commodity has been treated by a method prescribed in subsection (E)(1), (2), (3), or (5).

2. A commodity listed in subsections (C)(2) and (3) shall be admitted into Arizona if the commodity has been treated by a method prescribed in subsections (E)(3), (4), or (5).

E. Treatment:

1. Cold treatment: The commodities shall be held in a cold storage chamber at or below 0° F for at least seven consecutive days (168 hours). The treatment shall not start until the entire content of the lot of nuts has reached 0° F

2. A hot-water bath treatment at 140° F for a minimum of five continuous minutes. Water temperature shall be maintained at or above 140° F during the entire treatment period.

3. Methyl bromide fumigation at manufacturers recommended rates.

a. 2 lbs. per 1,000 cu. ft. for four hours at least 70° F, or

b. 3 lbs. per 1,000 cu. ft. for four hours at 60-69° F.

Used equipment and containers.

a. Steam-cleaned, inspected, and certified free from debris by the origin state,

b. Cold treatment in a cold storage chamber at or below 0° F for at least seven consecutive days (168 hours).

5. Any other treatment approved by the Associate Director.

History

• Former Rule, Quarantine Regulation 15. Amended effective July 13, 1989 (Supp. 89-3). Section R3-1-63 renumbered to R3-4-231 (Supp. 91-4). Amended by final rulemaking at 6 A.A.R. 41, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Ariz. Admin. Code § R3-4-232 [REPEALED]

History

• Former Rule, Quarantine Regulation 16. Repealed effective February 16, 1979 (Supp. 79-1). Section R3-1-64 renumbered to R3-4-232 (Supp. 91-4).

Ariz. Admin. Code § R3-4-233 Lettuce Mosaic Virus

A. Definitions. In addition to the definitions provided in R3-4-101, the following terms apply to this Section:

"Breeder seed" means unindexed lettuce seed that a lettuce breeder or researcher controls, and that is not available for commercial sale or propagation.

2. "Breeder trial" means breeder seed grown to develop a new variety of lettuce.

3. "Mosaic-indexed" means that a laboratory tested at least 30,000 lettuce seeds from a seed lot and found that all sampled seeds were determined to be free from lettuce mosaic virus.

4. "Pest" means lettuce mosaic virus.

5. "Unindexed lettuce seed" means lettuce seed that is not mosaic-indexed.

B. Area Under Quarantine: All states, districts, and territories of the United States.

C. Regulated Commodities: Plants and plant parts, including seeds, of all varieties of lettuce, Lactuca sativa.

D. Restrictions.

1. A person shall not import into, transport within, plant, or sell in Arizona unindexed lettuce seed unless the unindexed lettuce seed is exempted under subsection (E) or the person obtains a permit as prescribed in subsection (G).

Each container or subcontainer of mosaic-indexed seed shall bear a label with the statement "Zero infected seeds per 30,000 tested (0 in 30,000)" as well as the name of the certified or accredited laboratory that tested the seed under subsection (D)(5).

3. A person shall not import into, transport within, plant, or sell in Arizona lettuce transplants unless the transplants are exempted under subsection (E), or unless an original certificate, issued by the origin state, accompanies the shipment. The certificate shall declare:

a. The name of the exporter,

b. The variety name and lot number of the seed from which the transplants were grown, and

c. Verification that the seeds from which the transplants were grown were mosaic-indexed.

4. A grower shall disk or otherwise destroy all lettuce fields within 10 days after the last day of commercial harvest or abandonment, unless prevented by documented weather conditions or circumstances beyond the control of the grower.

5. Laboratories that index lettuce seed that is shipped to Arizona shall be certified by the agricultural department of the laboratory's state of origin or by the Arizona Department of Agriculture, in accordance with A.R.S. § 3-145, or shall be accredited by the National Seed Health System. Laboratories shall provide a copy of their certificate or accreditation letter to the Arizona Department of Agriculture by January 1 of the year that shipping will take place.

E. Exemptions. The requirements of subsection (D) do not apply to:

1. Lettuce seed sold in retail packages of 1 oz. or less to the homeowner for noncommercial planting,

2. Shipments of lettuce transplants consisting of five flats or less per receiver for noncommercial planting,

3. Breeder trials for a plot of 1/20 of an acre or less, or

4. Breeder trials for a plot of greater than 1/20 of an acre but no more than 1.25 acres provided the breeder or researcher:

a. Places a flag, marked with a trial identification number, at each corner of a breeder trial plot;

b. Provides the following written information to the Department within 10 business days of planting breeder seed:

i. GPS coordinates for each breeder trial plot using NAD 83 decimal degrees;

ii. A detailed map showing the location of each breeder trial plot;

iii. An identification number for each breeder trial plot; and

iv. The name, address, telephone number, and e-mail address for the breeder or researcher;

c. Monitors the lettuce for pest symptoms, and notifies the Department, by telephone, by the end of the first business day following the detection of pest symptoms;

d. Removes and destroys all plants exhibiting pest symptoms from the breeder trial plot and places them in a sealed container for disposal in a landfill;

e. Labels bills of lading or invoices accompanying breeder seed into Arizona with the statement "LETTUCE SEED FOR BREEDER TRIALS ONLY"; and

f. Destroys lettuce plants remaining in a breeder trial plot within 10 days after the completion of breeding trials unless prevented by documented weather conditions or circumstances beyond the control of the researcher or breeder.

F. A breeder or researcher may conduct multiple breeder trials in Arizona under the provisions of subsection (E)(3) and (4).

G. Permits.

1. A person may apply for a permit to import unindexed lettuce seed for temporary storage in Arizona if the person:

a. Maintains the identity of the seed while in Arizona;

b. Does not sell or distribute the seed for use in the state;

c. Does not transfer the seed to any other facility in the state; and

d. Reships the seed from the state within seven days or the period of time specified on the permit, whichever is longer.

2. A person may apply for a permit to transport unindexed lettuce seed into Arizona to be mosaic-indexed.

H. Disposition of Violation.

1. Any infected shipment of lettuce seed or transplants arriving in or found within the state, in violation of this Section, shall be immediately destroyed. The owner or the owner's agent shall bear the cost of the destruction.

2. Any shipment of unindexed lettuce seed or transplants arriving in or found within the state in violation of this Section shall be immediately sent out-of-state or destroyed at the option of the owner or the owner's agent. The owner or the owner's agent shall bear the cost of the destruction or of sending the lettuce seed or transplants out-of-state.

3. Any Arizona lettuce fields in violation of this Section shall be abated as established in A.R.S. §§ 3-204 and 3-205. The owner or person in charge may be assessed a civil penalty established in A.R.S. § 3-215.01.

4. Violation of any provision of a permit issued under subsection (G) may result in suspension or revocation of the permit.

History

• Former Rule, Quarantine Regulation 17. Amended effective July 1, 1975 (Supp. 75-1). Section R3-1-65 renumbered to R3-4-233 (Supp. 91-4). Section repealed; new Section adopted effective December 2, 1998 (Supp. 98-4). Amended effective December 2, 1998 (Supp. 98-4). Amended by final rulemaking at 14 A.A.R. 4091, effective December 6, 2008 (Supp. 08-4).

Ariz. Admin. Code § R3-4-234 [Repealed]

History

• Former Rule, Quarantine Regulation 18. Amended effective April 26, 1976 (Supp. 76-2). Repealed effective December 19, 1980 (Supp. 80-6). Adopted effective August 1, 1985 (Supp. 85-2). Section R3-1-66 renumbered to R3-4-234 (Supp. 91-4). Section repealed; new Section made by final rulemaking at 7 A.A.R. 4434, effective September 24, 2001 (Supp. 01-3). Repealed by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Ariz. Admin. Code § R3-4-235 [REPEALED]

History

• Adopted effective August 1, 1985 (Supp. 85-2). Section R3-1-66.01 renumbered to R3-4-235 (Supp. 91-4). Section repealed by final rulemaking at 7 A.A.R. 4434, effective September 24, 2001 (Supp. 01-3).

Ariz. Admin. Code § R3-4-236 [REPEALED]

History

• Adopted effective August 1, 1985 (Supp. 85-2). Section R3-1-66.02 renumbered to R3-4-236 (Supp. 91-4). Section repealed by final rulemaking at 7 A.A.R. 4434, effective September 24, 2001 (Supp. 01-3).

Ariz. Admin. Code § R3-4-237 [REPEALED]

History

• Adopted effective August 1, 1985 (Supp. 85-2). Section R3-1-66.03 renumbered to R3-4-237 (Supp. 91-4). Section repealed by final rulemaking at 7 A.A.R. 4434, effective September 24, 2001 (Supp. 01-3).

Ariz. Admin. Code § R3-4-238 [Repealed]

History

• Former Rule, Quarantine Regulation 19. Amended effective April 26, 1976 (Supp. 76-2). Amended effective August 15, 1989 (Supp. 89-3). Section R3-1-67 renumbered to R3-4-238 (Supp. 91-4). Amended by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3). Amended by final rulemaking at 12 A.A.R. 4065, effective December 4, 2006 (Supp. 06-4). Repealed by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Ariz. Admin. Code § R3-4-239 Imported Fire Ants

A. Definitions.

"Pest" means any species of imported fire ants, including Solenopsis invicta and Solenopsis richteri , notwithstanding the definition in A.R.S. § 3-201.

B. Area under quarantine. A state or portion of a state listed in 7 CFR 301.81-3, 57 FR 57327, December 4, 1992, Federal Domestic Order DA-2018-11, April 17, 2018, and any area a state declares infested. This material is incorporated by reference, on file with the Department and the Office of the Secretary State, and does not include any later amendments or editions.

C. Regulated commodities.

1. Soil, separately or with other articles, except potting soil shipped in an original container in which the potting soil is packaged after commercial preparation; and

2. All plants associated with soil, except:

a. Plants that are maintained indoors year-round, and are not for sale; and

b. Plants shipped bare-root and free of soil.

D. Restrictions.

1. A shipper of a regulated commodity shall unload a regulated commodity at destination into an approved quarantine holding area as prescribed in subsection (D)(2). The Department shall inspect and quarantine the regulated commodity as follows:

a. Soil and plants associated with soil from an area under quarantine in subsection (B) shall be held at least three consecutive days, and

b. Soil and plants associated with soil from an area under quarantine for nematodes under R3-4-234(B) shall be held at least five consecutive days.

2. An Arizona receiver of a regulated commodity shall establish a Department-approved quarantine holding area that meets the following specifications:

a. The floor is of a permeable surface, such as sand or soil, and free from debris, grass, or weeds;

b. The area is isolated from public access, surrounded by a fence or other barrier;

c. The integrity and security of the area is maintained at all times; and

d. If outdoors, the area is at least 15 feet from any masonry wall, property boundary, or non-quarantine plant.

1. An Arizona receiver of a regulated commodity shall establish a Department-approved quarantine holding area that meets the following specifications:

a. The floor is of a permeable surface, such as sand or soil, and free from debris, grass, or weeds;

b. The area is isolated from public access, surrounded by a fence or other barrier;

c. The integrity and security of the area is maintained at all times; and

d. If outdoors, the area is at least 15 feet from any masonry wall, property boundary, or non-quarantine plant.

2. A shipper or receiver shall unload a regulated commodity at destination into an approved quarantine holding area as prescribed in subsection (D)(1). The Department may inspect the regulated commodity as follows:

a. A regulated commodity from an area under quarantine in subsection (B) shall be held at least three consecutive days, unless otherwise released by an inspector.

b. A regulated commodity may be inspected to determine compliance with this section.

c. A disposition shall be provided by an inspector upon completion of an inspection.

d. If an inspection to determine compliance with this section is not conducted, an inspector shall release the regulated commodity.

3. A receiver shall only apply a pesticide or other chemical to a regulated commodity located in a quarantine holding area as authorized by the Associate Director.

E. Exemptions. Soil samples of no more than fifteen (15) pounds that comply with the interstate movement requirements of 7 CFR §§ 301.81 et seq., 75 FR 4240, January 26, 2010, Federal Domestic Order DA-2018-11, April 17, 2018, are exempt from the requirements of this Section.

E. F. Disposition of commodity not in compliance. A regulated commodity shipped into Arizona in violation of this Section may be treated, destroyed, or transported out-of-state by the owner and at the owner's expense as authorized by the Associate Director.

History

• Former Rule, Quarantine Regulation 20. Amended effective July 1, 1975 (Supp. 75-1). Amended effective April 26, 1976 (Supp. 76-2). Correction amendment effective April 26, 1976 included deletion of Arkansas (see subsection (C)) (Supp. 77-1). Amended effective June 16, 1977 (Supp. 77-3). Repealed effective June 19, 1978 (Supp. 78-3). New Section adopted effective December 22, 1989 (Supp. 89-4). Section R3-1-68 renumbered to R3-4-239 (Supp. 91-4). Amended by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3). Amended by final rulemaking at 9 A.A.R. 2095, effective August 2, 2003 (Supp. 03-2). Amended by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Ariz. Admin. Code § R3-4-240 [Repealed]

History

• Former Rule, Quarantine Regulation 21. Amended effective December 5, 1974 (Supp. 75-1). Amended effective June 16, 1977 (Supp. 77-3). Section repealed, new Section adopted effective June 14, 1990 (Supp. 90-2). Section R3-1-69 renumbered to R3-4-240 (Supp. 91-4). Amended by final rulemaking at 9 A.A.R. 1046, effective May 5, 2003 (Supp. 03-1). Repealed by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Ariz. Admin. Code § R3-4-241 Palm Pests

A. Definitions. In addition to the definitions provided in A.R.S. § 3-201, A.A.C. R3-4-101 and R3-4-01, the following term applies to this Section:

"Pest" means, notwithstanding the definition in A.R.S. § 3-201:

1. A pathogen, a non-cultivable mollicute, causing lethal yellowing of palms; or

Candidatus Phytoplasma palmae subgroup 16SrIV, strain A (Lethal yellowing);

Candidatus Phytoplasma 16SrIV-D (Texas Phoenix palm decline);

Fusarium oxysporum f. sp. palmarum (Fusarium wilt of queen and Mexican fan palm); or

2. 4. Myndus crudus , a planthopper that vectors the pest defined in (A)(1) and (2).

B. Area under quarantine. For the pest in subsection (A)(1):

1. In the state of Florida, the following counties: Broward, Collier, Hendry, Lee, Martin, Miami-Dade, Monroe, and Palm Beach.

2. In the state of Texas, the following counties: Cameron, Hidalgo, and Willacy.

3. For the pest in subsection (A)(2):

a. In the state of Florida, the following counties: Alachua, Desoto, Duval, Hardee, Highlands, Hillsborough, Indian River, Lake, Manatee, Miami-Dade, Orange, Polk, Sarasota, and Volusia.

b. In the state of Louisiana, the following parish: Orleans.

c. In the state of Texas, the following counties: Bexar, Cameron, Hidalgo, Klebrg, Nueces, Tarrant, and Willacy.

4. For the pest in subsection (A)(3):

a. The state of Florida

b. In Texas, the following county: Houston

5. For the pest in subsection (A)(4):

a. The state of Florida

b. In Texas, the following counties: Houston

C. Regulated commodities. All propagative parts of the following plants, except seed: Aiphanes lindeniana ,

Allagoptera arendria ,

Andropogon virginicus (Broomsedge),

Arenga engleri ,

Borassus flabellifer (Palmyra Palm),

Caryota mitis (Cluster Fishtail Palm),

Caryota rumphiana (Giant Fishtail Palm),

Chelyocarpus chuco ,

Chrysalidocarpus cabadae , syn. Dypsis cabadae (Cabada Palm),

Cocos nucifera (Coconut Palm),

Corypha elata (Buri Palm),

Cynodon dactylon (Bermuda Grass),

Cyperus spp. (Sedges),

Dictyosperma album (Princess Palm),

Eremochloa ophiuroides (Centipede Grass),

Gaussia attenuata (Puerto Rican Palm),

Howea belmoreana (Belmore Sentry Palm),

Latania spp. (Latan Palm),

Livistona chinensis (Chinese Fan Palm),

Livistona rotundifolia (Javanese Fan Palm),

Mascarena verschaffeltii (Spindle Palm),

Nannorrhops ritchiana (Mazari Palm),

Neodypsis decaryi , syn. Dypsis decaryi (Triangle Palm),

Pandanus utilis (Screw Pine),

Panicum purpurascens (Para Grass),

Panicum bartowense ,

Paspalum notatum (Bahia Grass),

Phoenix canariensis (Canary Island Date Palm),

Phoenix dactylifera (Date Palm),

Phoenix reclinata (Sengal Date Palm),

Phoenix roebelenii (Pigmy Date Palm),

Phoenix rupicola (Cliff Date Palm),

Phoenix sylvestris (Wild Date Palm),

Phoenix zeylanica (Ceylon Date Palm),

Polyandrococos caudescons ,

Pritchardia spp.,

Pseudopheoenix sargentii (Florida Cherry Palm),

Ravenea hildebrandtii ,

Sabal mexicana (Rio Grande Palmetto),

Sabal palmetto (Cabbage Palmetto),

Stenotapphrum secundatum (St. Augustine Grass),

Sygarus romanzoffiana (Queen palm),

Syagrus schizophylla

Thrinax radiate (Florida Thatch Palm),

Trachycarpus fortunei (Windmill Palm),

Veitchia spp., and

Washingtonia robusta (Mexican Fan Palm), and

Zoysia spp. (Zoysia Grass).

D. Restrictions. The commodities in subsection (C) are prohibited from the area under quarantine unless the following conditions are met prior to shipment:

1. The plant regulatory official issues a certificate or certifies an ongoing Pest Management Program attesting that the conditions in (D)(2), (3), (4), and (5) were met prior to shipment;

2. No field grown plants are included in the shipment;

3. The commodity was inspected prior to shipment and no symptoms of any pest (A)(1), (2), or (3) were observed;

4. The commodity was treated with a labeled product to eliminate all live life stages of the pest (A)(4); and

5. The commodity originates from an outdoor facility no closer than one-half mile from a known infested area of a pest indicated in (A)(1), (2), or (3).

E. Disposition of commodity not in compliance. A regulated commodity shipped into Arizona in violation of this Section shall be destroyed or transported out-of-state by the owner and at the owner's expense.

History

• Former Rule, Quarantine Regulation 22. Repealed effective April 25, 1977 (Supp. 77-2). New Section adopted effective December 22, 1989 (Supp. 89-4). Section R3-1-70 renumbered to R3-4-241 (Supp. 91-4). Amended by final rulemaking at 9 A.A.R. 1046, effective May 5, 2003 (Supp. 03-1). Amended by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Ariz. Admin. Code § R3-4-242 [Repealed]

History

• Former Rule, Quarantine Regulation 23. Amended effective July 1, 1975 (Supp. 75-1). Correction (Supp. 76-5). Repealed effective April 25, 1977 (Supp. 77-2). Section R3-1-71 renumbered to R3-4-242 (Supp. 91-4). New Section adopted by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3). Repealed by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Ariz. Admin. Code § R3-4-243 [REPEALED]

History

• Former Rule, Quarantine Regulation 24. Repealed effective April 25, 1977 (Supp. 77-2). Section R3-1-72 renumbered to R3-4-243 (Supp. 91-4).

Ariz. Admin. Code § R3-4-244 [Repealed]

History

• Former Rule, Quarantine Regulation 25. Repealed effective June 19, 1978 (Supp. 78-3). Section R3-1-73 renumbered to R3-4-244 (Supp. 91-4). New Section adopted effective July 10, 1995 (Supp. 95-3). Amended effective June 4, 1998 (Supp. 98-2). Amended by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 2082, effective May 15, 2000 (Supp. 00-2). Amended by final rulemaking at 11 A.A.R. 5315, effective February 4, 2006 (Supp. 05-4). Repealed by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Ariz. Admin. Code § R3-4-245 Noxious Weeds

A. Definitions. In addition to the definitions provided in A.R.S. § 3-201, A.A.C. R3-4-101 and R3-4-201, the following apply to this Section:

1. "Habitat" means any terrestrial or aquatic area within Arizona that is capable of sustaining plant growth.

2. "Infested area" means each individual container in which a pest is found, the specific area that harbors the pest, or any shipment that has not been released to the receiver and is infested with a pest.

3. "Pest" means any of the following plant species, including viable plant parts (stolons, rhizomes, cuttings and seed, except agricultural, vegetable and ornamental seed for planting purposes), that are prohibited from entering the state:

Acroptilon repens (L.) DC. -- Russian knapweed,

Aegilops cylindrica Host. -- Jointed goatgrass,

Alhagi pseudalhagi (Bieb.) Desv. -- Camelthorn,

Alternanthera philoxeroides (Mart.) Griseb. -- Alligator weed,

Cardaria pubescens (C.A. Mey) Jarmolenko -- Hairy whitetop,

Cardaria chalepensis (L.) Hand-Muzz -- Lens podded hoary cress,

Cardaria draba (L.) Desv. -- Globed-podded hoary cress (Whitetop),

Carduus acanthoides L. -- Plumeless thistle,

Cenchrus echinatus L. -- Southern sandbur, Cenchrus incertus M.A. Curtis -- Field sandbur, Centaurea calcitrapa L. -- Purple starthistle,

Centaurea iberica Trev. ex Spreng. -- Iberian starthistle,

Centaurea squarrosa Willd. -- Squarrose knapweed, Centaurea sulphurea L. -- Sicilian starthistle, Centaurea solstitialis L. -- Yellow starthistle (St. Barnaby's thistle), Centaurea diffusa L. -- Diffuse knapweed, Centaurea maculosa L. -- Spotted knapweed, Chondrilla juncea L. -- Rush skeletonweed, Cirsium arvense L. Scop. -- Canada thistle,

Convolvulus arvensis L. -- Field bindweed,

Coronopus squamatus (Forskal) Ascherson -- Creeping wartcress (Coronopus), Cucumis melo L. var. Dudaim Naudin -- Dudaim melon (Queen Anne's melon),

Cuscuta spp. -- Dodder,

Drymaria arenarioides H.B.K. -- Alfombrilla (Lightningweed),

Eichhornia azurea (SW) Kunth. -- Anchored water hyacinth,

Eichhornia crassipes (Mart.) Solms - Floating water hyacinth,

Elytrigia repens (L.) Nevski -- Quackgrass,

Euphorbia esula L. -- Leafy spurge, Halogeton glomeratus (M. Bieb.) C.A. Mey -- Halogeton,

Helianthus ciliaris DC. -- Texas blueweed,

Hydrilla verticillata Royale -- Hydrilla (Florida-elodea),

Ipomoea spp. -- Morning glory. All species except Ipomoea carnea, Mexican bush morning glory; Ipomoea triloba, three-lobed morning glory (which is considered a restricted pest); and Ipomoea aborescens, morning glory tree,

Ipomoea triloba L. -- Three-lobed morning glory,

Isatis tinctoria L. -- Dyers woad,

Linaria genistifolia var.

dalmatica -- Dalmation toadflax,

Lythrum salicaria L. -- Purple loosestrife,

Medicago polymorpha L. -- Burclover,

Nassella trichotoma (Nees.) Hack. -- Serrated tussock, Onopordum acanthium L. -- Scotch thistle,

Orobanche ramosa L. -- Branched broomrape,

Panicum repens L. -- Torpedo grass,

Peganum harmala L. -- African rue (Syrian rue), Pennisetum ciliare (L.) Link - Buffelgrass, Portulaca oleracea L. -- Common purslane,

Rorippa austriaca (Crantz.) Bess. -- Austrian fieldcress,

Salvinia molesta -- Giant Salvinia,

Senecio jacobaea L. -- Tansy ragwort,

Solanum carolinense L. -- Carolina horsenettle,

Sonchus arvensis L. -- Perennial sowthistle,

Solanum viarum Dunal -- Tropical Soda Apple,

Stipa brachychaeta Godr. -- Puna grass, Striga spp. -- Witchweed,

Trapa natans L. -- Water-chestnut,

Tribulus terrestris L. -- Puncturevine.

1. "Class A Noxious Weed" is categorized as a species of plant that is not known to exist or of limited distribution in the State and is a high priority pest for quarantine, control, or mitigation, Class A noxious weeds are listed in Table 4.

2. "Class B Noxious Weed" is categorized as a species of plant that is known to occur, but of limited distribution in the State and may be a high priority pest for quarantine, control or mitigation if a significant threat to a crop, commodity, or habitat is known to exist. Class B noxious weeds are listed in Table 5.

3. "Class C Noxious Weed" is categorized as a species of plant that is widespread but may be recommended for active control based on risk assessment. Class C noxious weeds are listed in Table 6.

B. Area under quarantine: All states, districts, and territories of the United States except Arizona.

C. The following commodities are hosts or carriers of the pest:

1. All plants and plant parts other than those categorized as a pest;

2. Forage, straw, and feed grains;

3. Live or dead flower arrangements;

4. Ornamental displays;

5. Aquariums; and

6. Any appliance, construction or dredging equipment, boat, boat trailer or related equipment, or any other vehicle with soil attached or carrying plant debris.

D. The Department shall quarantine any commodity, habitat, or area infested or contaminated with a pest and shall notify the owner or carrier of the methods of removing or destroying the pest from the commodity, habitat, or area. The Department shall reject any shipment not released to the receiver and reship to the shipper.

E. B. Restrictions:

No Class A, B, or C Noxious Weed, or commodity infested or contaminated with a Class A, B, or C Noxious Weed, shall be admitted into the state unless otherwise authorized by the Associate Director.

2. The Department shall regulate the movement of the commodity out of a quarantined area within the state until the pest is eradicated. Any shipment or lot of a commodity infested or contaminated with a pest arriving in the state in violation of this quarantine shall, according to A.R.S. § 3-205(A), be immediately reshipped from the state, or treated or destroyed using one of the following methods:

a. The commodity shall be fumigated with 1,500 mg/L of ethylene oxide for four hours in a chamber pre-heated to 115-125° F;

b. Incinerating;

c. Burying in a sanitary landfill to a depth of six feet;

d. Application of a herbicide; or

e. Any other treatment approved by the Director.

2. The Department may quarantine and abate an area infested or contaminated with a Class A or Class B Noxious Weed if it has been determined by the Associate Director that an imminent threat to agriculture or horticulture exists.

History

• Former Rule, Quarantine Regulation 26. Amended effective June 19, 1978 (Supp. 78-3). Amended subsection (B) effective May 2, 1986 (Supp. 86-3). Section R3-1-74 renumbered to R3-4-245 (Supp. 91-4). Section repealed, new Section adopted effective July 10, 1995 (Supp. 95-3). Amended effective June 4, 1998 (Supp. 98-2). Amended by final rulemaking at 6 A.A.R. 2082, effective May 15, 2000 (Supp. 00-2). Amended by final rulemaking at 11 A.A.R. 5315, effective February 4, 2006 (Supp. 05-4). Amended by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Ariz. Admin. Code § R3-4-246 [Repealed]

History

• Adopted effective July 1, 1975 (Supp. 75-1). Correction (Supp. 76-1). Amended effective May 10, 1988 (Supp. 88-2). Section R3-1-75 renumbered to R3-4-246 (Supp. 91-4). Amended by final rulemaking at 9 A.A.R. 2098, effective August 2, 2003 (Supp. 03-2). Repealed by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Ariz. Admin. Code § R3-4-247 [REPEALED]

History

• Amended effective April 26, 1976 (Supp. 76-2). Amended effective June 16, 1977 (Supp. 77-3). Repealed effective June 19, 1978 (Supp. 78-3). Section R3-1-76 renumbered to R3-4-247 (Supp. 91-4).

Ariz. Admin. Code § R3-4-248 Japanese beetle

A. Definitions. In addition to the definitions provided in A.R.S. § 3-201, A.A.C. R3-4-101 and R3-4-201, the following apply to this Section:

1. "Host commodities" means the commodities listed in the JBHP, Appendix 6.

2. "JBHP" means the U.S. Domestic Japanese Beetle Harmonization Plan, adopted by the National Plant Board on August 19, 1998, and revised June 20, 2016.

"Pest" means the Japanese beetle, Popillia japonica , notwithstanding the definition in A.R.S. § 3-201.

B. Area under quarantine: All Category 2 and 3 areas listed in the JBHP, which is incorporated by reference, does not include any later amendments or editions, and is on file with the Department, the Office of the Secretary of State, and the National Plant Board at http://nationalplantboard.org/japanese-beetle-harmonization-plan/.

1. Appendix 1, delete the words "(except sod)."

2. Appendix 5, definition of host commodities, delete the words "grass sod."

C. Host commodities covered. All commodities, except grass sod, listed in the JBHP, Appendix 12.

D. An out-of-state grower who imports a host commodity into Arizona shall comply with the JBHP, except as provided under subsection (E).

E. Restrictions on importation.

1. An out-of-state grower shall not import into Arizona a host commodity under subsection (C) from an area under quarantine unless the commodity is accompanied by a certificate issued by a plant regulatory official of the origin state ensuring compliance with the requirements of the JBHP, Appendix 1.

2. Notwithstanding the requirements of the JBHP, Appendix 1, the Associate Director may admit grass sod from an out-of-state grower for shipment to Arizona if:

a. The out-of-state grower requests an exception agreement from the Department;

b. The out-of-state grower, the State Plant Regulatory Official of the origin state, and the Associate Director sign an agreement that includes the following terms:

i. The out-of-state grower shall ship sod grown only in a Japanese beetle-free county;

ii. The State Plant Regulatory Official or designee shall place and monitor Japanese beetle traps on the grass sod farm during the agreement period. At least one trap shall be placed on each 10 acres of land. A buffer zone of a one-mile radius shall be established around the grass sod farm, and two traps per square mile shall be placed in the buffer zone. The Department shall revoke the agreement if the origin state documents that one or more Japanese beetles are detected in any trap;

iii. The State Plant Regulatory Official or designee shall inspect sod before shipment to ensure it is free of the pest; and

iv. The out of state grower shall notify the Associate Director or their designee of sod shipments destined to Arizona prior to shipment.

c. Both the out-of-state grower and the State Plant Regulatory Official shall perform any other requirement established by the Associate Director to ensure the grass sod is free from all life stages of Japanese beetle.

3. An out-of-state grower shall not import into Arizona a host commodity from a Category 4 state unless certified by the State Plant Regulatory Official or designee attesting that the host commodity is apparently free of Japanese beetle and has been treated by an approved method to eliminate all live life stages of the pest.

3. 4. Exemptions from importation ban:

a. Privately-owned houseplants grown indoors; and

b. Commodities that have been treated by an alternate method approved by the Associate Director and certified by a plant regulatory official of the state of origin.

History

• Adopted effective June 16, 1977 (Supp. 77-3). Section R3-1-77 renumbered to R3-4-248 (Supp. 91-4). Amended by final rulemaking at 7 A.A.R. 5345, effective November 8, 2001 (Supp. 01-4). Amended by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Article 3 NURSERY CERTIFICATION PROGRAM

Ariz. Admin. Code § R3-4-301 Nursery Certification

A. Definitions. The following terms apply to this Section.

"Associate Director" means the Associate Director of the Arizona Department of Agriculture's Plant Services Division.

"Certificate" means a document issued by the Director, Associate Director or by a Department inspector stating that the nursery stock has been inspected and complies with the criteria set forth by an agricultural agency of any state, county, or commonwealth.

"Certificate holder" means a person who holds a certificate issued in accordance with this Section.

"Collected nursery stock" means nursery stock that has been dug or gathered from any site other than a nursery location.

"Commercially clean" means nursery stock offered for sale is in a healthy condition and, though common pests may be present, they exist at levels that pose little or no risk.

"Common pest" means a pest, weed, or disease that is not under a state or federal quarantine or eradication program and is of general distribution within the state.

"Director" means the Director of the Arizona Department of Agriculture.

"General nursery stock inspection certification" means an inspection carried out at the request of a person for the purpose of meeting the general nursery inspection requirements of another state.

"Nursery location" means real property with one physical address, upon which nursery stock is propagated, grown, sold, distributed, or offered for sale.

"Quarantine pest" means an economically important pest that does not occur in the state or that occurs in the state but is not widely distributed or is being officially eradicated.

"Single shipment nursery stock inspection certification" means a visit to a single location by a Department inspector to certify one or more shipments of nursery stock for compliance with the quarantine requirements of the receiving state, county, or commonwealth.

B. General nursery stock inspection certification. A person may apply for general nursery stock inspection certification by submitting to the Department the application described in subsection (E) for each nursery location. The applicant shall submit a $50 inspection fee to the Department at the time of inspection for each nursery location. Each nursery location shall be inspected and certified separately. An application for initial certification may be submitted at any time. A certificate will be valid for one year, and may be renewed. A renewal application shall be submitted each year by February 15.

1. The Department shall issue a general nursery stock inspection certificate to the applicant if, following a Department inspection, the nursery stock is found free of quarantine pests, and commercially clean of common pests that are adversely affecting the nursery stock.

a. The Department shall only certify nursery stock that is found free of quarantine pests. The applicant shall not remove from the nursery any nursery stock that is found infested with a quarantine pest until a Department inspector determines that the pest has been eliminated.

b. The Department shall restrict the movement of any nursery stock found infested with a common pest that a Department inspector determines is adversely affecting the nursery stock. The applicant shall establish a treatment program to control the pest and shall not remove the infested nursery stock from the nursery until a Department inspector determines that the pest has been controlled.

2. A certificate holder shall ensure that a nursery with a general nursery stock inspection certificate remains free of quarantine pests and commercially clean of common pests that are adversely affecting the nursery stock throughout the period that the certificate is valid.

3. A certificate holder shall not distribute, transport, or sell nursery stock interstate if it is infested with a quarantine pest or a common pest that is adversely affecting the nursery stock.

4. A certificate holder may reproduce a general nursery stock inspection certificate without the Department's permission for nursery use.

5. A certificate holder shall ensure that the nursery's general nursery stock inspection certificate accompanies each shipment of nursery stock that is moved out of the state.

6. A certificate holder shall maintain all invoices or other shipping documents for shipments received by and shipped from the nursery for up to one year. The certificate holder shall make the documents available to the Department upon request, as authorized by A.R.S. § 3-201.01(A)(6).

7. The Department shall inspect a nursery with a general nursery stock inspection certificate at any time during the certificate period to verify compliance with this Section.

8. A general nursery stock inspection certificate expires on December 31 of each year unless renewed, suspended, or revoked as provided in this Section.

9. A person with a general nursery stock inspection certificate may also need to obtain a special nursery stock inspection certificate to meet a specific quarantine entry requirement of another state, as prescribed in subsection (C).

C. Special nursery stock inspection certification. A person may apply for special nursery stock inspection certification to meet specific quarantine entry requirements of another state that are not addressed by the general nursery stock inspection certificate described in subsection (B). The applicant shall submit to the Department the application described in subsection (E) and a $50 inspection fee for each nursery location.

1. An applicant shall ensure that the applicant's nursery stock is free of quarantine pests as required by the receiving state and commercially clean of common pests that are adversely affecting the nursery stock. The Department shall not certify nursery stock that is infested with a quarantine pest until a Department inspector determines that the pest has been eliminated. The Department shall not certify nursery stock that is infested with a common pest that a Department inspector determines is adversely affecting the nursery stock.

2. A certificate holder shall not reproduce or duplicate a special nursery stock inspection certificate without written permission from the Department.

A special nursery stock inspection certificate is valid for one year from the issue date unless the receiving state requires a shorter certification period.

D. Single shipment nursery stock inspection certification. A person may apply for a single shipment nursery stock inspection certification to meet the entry requirements of another state by submitting to the Department the application described in subsection (E) with a $50 inspection fee.

1. An applicant for a single shipment nursery stock inspection certificate shall ensure that the nursery stock in each shipment is free from quarantine pests, as required by the receiving state, and commercially clean of common pests that are adversely affecting the nursery stock. The Department shall not certify nursery stock that is infested with a quarantine pest until a Department inspector determines that the pest has been eliminated. The Department shall not certify nursery stock that is infested with a common pest that a Department inspector determines is adversely affecting the nursery stock until the pest has been controlled.

2. A single shipment nursery stock inspection certificate is valid for seven calendar days following the inspection date. A certificate holder may apply for a new certificate if the original certificate expires before the shipment leaves Arizona.

3. A certificate holder shall not reproduce or duplicate a single shipment nursery stock inspection certificate.

4. A person who has obtained a single shipment nursery stock inspection certificate for collected nursery stock shall retain a record, for at least one year from the shipment date, of the street address from which each plant in a shipment was collected. The person shall provide the collected nursery stock record to the Department upon request.

E. Application. A person applying for a certificate under this Section shall provide the following information on a form obtained from the Department:

1. Applicant's name, nursery name, mailing address, telephone and fax numbers, and e-mail address, as applicable;

2. Location at which inspection is to be made, by legal description or physical address;

3. Number of acres, structures, or vehicles to be inspected, as applicable;

For shipping, the state, county, or commonwealth of planned destination, the category of inspection, and the nursery stock to be certified;

5. Applicant's Social Security number or tax identification number; and

Applicant's signature and date of signature.

F. Based upon the circumstances of each case, the Associate Director may:

1. Refuse to issue a certificate if, after inspection, the Associate Director determines that an applicant has not met a requirement for certification.

2. Revoke a certificate for a violation of a condition of the certificate.

Suspend, for a period of up to 90 days, a certificate for misuse or misrepresentation related to the certificate.

4. Refuse to issue or suspend a certificate issued under this Section if the applicant or certificate holder refuses to provide the Department with documents that demonstrate the ownership, origin, or destination of nursery stock presented for certification.

G. Notwithstanding subsections (B) through (D), during fiscal year 2024, an applicant for nursery stock inspection certification shall pay the following fee:

1. For general certification, $250.

2. For single shipment certification, $50 for the first lot plus $10 for each additional lot per Department site trip.

History

• Adopted effective January 17, 1989 (Supp. 89-1). Section R3-4-301 renumbered from R3-1-301 (Supp. 91-4). Section repealed; new Section made by final rulemaking at 12 A.A.R. 1378, effective June 4, 2006 (Supp. 06-2). Amended by exempt rulemaking at 16 A.A.R. 1336, effective June 29, 2010 (Supp. 10-2). Amended by exempt rulemaking at 17 A.A.R. 1761, effective July 20, 2011 (Supp. 11-3). Amended by exempt rulemaking at 18 A.A.R. 2063, effective August 2, 2012 (Supp. 12-3). Amended by exempt rulemaking at 19 A.A.R. 3143, effective September 14, 2013. Amended by exempt rulemaking at 20 A.A.R. 2454, effective 7/24/2014. Amended by exempt rulemaking at 21 A.A.R. 2410, effective 7/3/2015. Amended by final exempt rulemaking at 23 A.A.R. 1941, effective 8/9/2017. Amended by final exempt rulemaking at 24 A.A.R. 2223, effective 8/3/2018. Amended by final exempt rulemaking at 25 A.A.R. 2085, effective 8/27/2019. Amended by final exempt rulemaking at 26 A.A.R. 1473, effective 8/25/2020. Amended by final exempt rulemaking at 27 A.A.R. 1266, effective 9/29/2021. Amended by final exempt rulemaking at 28 A.A.R. 2020, effective 9/24/2022. Amended by exempt rulemaking at 29 A.A.R. 3486, effective 10/30/2023. Amended by emergency rulemaking at 30 A.A.R. 2981, effective 9/14/2024, exp. 3/13/2025 (Emergency).

Ariz. Admin. Code § R3-4-302 [REPEALED]

History

• Adopted effective January 17, 1989 (Supp. 89-1). Section R3-4-302 renumbered from R3-1-301 (Supp. 91-4). Section repealed by final rulemaking at 12 A.A.R. 1378, effective June 4, 2006 (Supp. 06-2).

Ariz. Admin. Code § R3-4-303 [REPEALED]

History

• Adopted effective January 17, 1989 (Supp. 89-1). Section R3-4-303 renumbered from R3-1-303 (Supp. 91-4). Section repealed by final rulemaking at 12 A.A.R. 1378, effective June 4, 2006 (Supp. 06-2).

Ariz. Admin. Code § R3-4-304 [REPEALED]

History

• Adopted effective January 17, 1989 (Supp. 89-1). Section R3-4-304 renumbered from R3-1-304 (Supp. 91-4). Section repealed by final rulemaking at 12 A.A.R. 1378, effective June 4, 2006 (Supp. 06-2).

Ariz. Admin. Code § R3-4-305 [REPEALED]

History

• Adopted effective January 17, 1989 (Supp. 89-1). Section R3-4-305 renumbered from R3-1-305 (Supp. 91-4). Section repealed by final rulemaking at 12 A.A.R. 1378, effective June 4, 2006 (Supp. 06-2).

Ariz. Admin. Code § R3-4-306 [REPEALED]

History

• Adopted effective January 17, 1989 (Supp. 89-1). Section R3-4-306 renumbered from R3-1-306 (Supp. 91-4). Section repealed by final rulemaking at 12 A.A.R. 1378, effective June 4, 2006 (Supp. 06-2).

Ariz. Admin. Code § R3-4-307 [REPEALED]

History

• Adopted effective January 17, 1989 (Supp. 89-1). Section R3-4-307 renumbered from R3-1-307 (Supp. 91-4). Repealed effective April 11, 1994 (Supp. 94-2).

Article 4 SEEDS

Ariz. Admin. Code § R3-4-401 Definitions

In addition to the definitions provided in A.R.S. § 3-231, the following shall apply to this Article:

1. "Blend" means seed consisting of more than one variety of a kind, with each variety in excess of five percent by weight of the whole.

2. "Brand" means a word, name, symbol, number, or design used to identify seed of one person to distinguish it from seed of another person.

"Certifying agency" means:

a. An agency authorized under the laws of this state to officially certify seed and that has standards and procedures approved by the U.S. Secretary of Agriculture to assure the varietal purity and identity of the seed certified, or

b. An agency of a foreign country determined by the U.S. Secretary of Agriculture to adhere to procedures and standards for seed certification comparable to the procedures and standards adhered to generally by seed-certifying agencies under subsection (a) of this definition.

4. "Coated seed" means seed that has been covered with a substance that changes the size, shape, or weight of the original seed. Seed coated with ingredients such as rhizobia, dyes, and pesticides is not coated seed.

5. "Conditioning" or "conditioned" means drying, cleaning, scarifying, and other operations that could change the purity or germination of the seed and require the seed lot to be retested to determine the label information.

6. "Dormant" means viable seed, excluding hard seed, that fails to germinate when provided the specified germination conditions for that kind of seed.

7. "Federal Seed Act" means the federal law at 7 U.S.C. §§ 1551-1611 (Federal Seed Act of 1939, as amended 85 FR 40571, August 6, 2020, https://www.federalregister.gov/d/2020-12920 and the regulations promulgated under 7 C.F.R. §§ 201.1 et seq. (as amended 47 FR 746, January 7, 1992. https://www.ecfr.gov/current/title-7/part-201). These materials are incorporated by reference, on file with the Department, and do not include any later amendments or editions.

8. "Flower seeds" means seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts, and commonly known and sold under the name of flower or wildflower seeds in this state.

9. "Germination" means the emergence and development from the seed embryo of those essential structures that, for the kind of seed in question, are indicative of the ability to produce a normal plant under favorable conditions.

10. "Hard seeds" means seeds that remain hard at the end of the prescribed germination test period because they have not absorbed water due to an impermeable seed coat.

11. "Inert matter" means all matter that is not seed, including broken seeds, sterile florets, chaff, fungus bodies, and stones.

12. "Mixture", "mix", or "mixed" means seed consisting of more than one kind, each in excess of five percent by weight of the whole.

"Mulch" means a protective covering of any suitable substance placed with seed that acts to retain sufficient moisture to support seed germination, sustain early seedling growth and aid in preventing soil moisture evaporation, control of weeds, and erosion prevention.

14. "Non-commercial Seed Sharing" means that no monetary consideration or compensation may be transferred in return for receiving seeds. Additionally, anyone distributing seeds under the rules of this definition may not expect, or create the expectation, that seeds must be returned in exchange for receiving seeds. If distribution of seeds is found to be in anticipation or connected to money paid for work or services rendered by the same person distributing seeds, such distribution shall not be considered noncommercial within these rules.

14 15. "Origin" means the state where the seed was grown, or if not grown in the United States, the country where the seed was grown.

15 16. "Other crop seed" means seeds of plants grown as crops other than the kind or variety included in the pure seed, as determined by methods defined in this Article.

16 17. "Pure live seed" means the product of the percent of germination plus hard or dormant seed multiplied by the percent of pure seed divided by 100. The result is expressed as a whole number.

17 18. "Pure seed" means a kind of seed excluding inert matter and all other seed not of the kind being considered.

18 19. "Replacement date sticker" means a sticker on a label that displays a new test date.

19 20. "Retail" means sales that are not intended for agricultural use and are prepared for use by a consumer in home gardens or household plantings only.

20 21. "Seed count" means the number of seeds per unit weight in a container.

21 22. "Seizure" means taking possession of seed pursuant to a court order.

22 23. "Wholesale" means sales of seeds that are intended for agricultural use normally in quantities for resale, as by an agricultural retail merchant and are not prepared for use in home gardening or household plantings.

23 24. "Working sample" means the number of seeds required under §§ 402 and 403 of the Federal Seed Act.

History

• Former Rule, Arizona Seed Regulation 1. Amended effective August 31, 1981 (Supp. 81-4). Former Section R3-4-110 renumbered without change as Section R3-4-401 (Supp. 89-1). Section R3-4-401 renumbered from R3-1-401 (Supp. 91-4). Section repealed, new Section adopted effective July 10, 1995 (Supp. 95-3). Amended by final rulemaking at 13 A.A.R. 1464, effective June 2, 2007 (Supp. 07-2). Amended by final rulemaking at 29 A.A.R. 3932, effective 2/4/2024.

Ariz. Admin. Code § R3-4-402 Labeling

A. General requirements:

1. Blank spaces or the words "free or none" mean "0" and "0.00%" for the purpose of applying the tolerances prescribed in this Article.

Labeling for purity and germination shall not show higher results than actually found by test.

3. The terms "foundation seed," "registered seed," and "certified seed", as defined in the "Federal Seed Act", are authorized for use on seed certified by a seed certifying agency under the laws of Arizona as delineated in R3-4-405.

4. Relabeling. Any person relabeling seed in its original container shall include the following information on a label or a replacement date sticker:

a. The calendar month and year the germination test was completed to determine the germination percentage and the sell-by date as required by subsection (C)(3)(i)(iv) or (C)(5)(c)(i),

b. The same lot designation as on the original labels, and

c. The identity of the person relabeling the seed if different from the original labeler.

5. Labeling of seed distributed for wholesale. After seed has been conditioned, a labeler shall ensure the seed is labeled as follows:

a. When supplied for retail or directly to a consumer, each bag or bulk lot must be completely labeled.

b. When supplied for wholesale, if each bag or other container is clearly identified by a lot number permanently displayed on the container or if the seed is in bulk, the labeling of seed may be by invoice.

c. When supplied for wholesale, if each bag or container is not identified by a lot number, it must carry complete labeling.

6. Seeds for sprouting. All labels of seeds sold for sprouting for salad or culinary purposes shall indicate the following information:

a. Commonly accepted name of kind or kinds;

b. Lot number;

c. Percentage by weight of each pure seed component in excess of 5 percent of the whole, other crop seeds, inert matter, and weed seeds, if occurring;

d. Percentage of germination of each pure seed component;

e. Percentage of hard seed, if present; and

f. The calendar month and year the germination test was completed to determine the percentages in subsections (c), (d) and (e).

7. Non-Commercial Seed Sharing. Agricultural, vegetable, or flower seeds that are distributed for sowing purposes in a non-com-mercial setting shall bear on each container a plainly written or printed label or tag in English with the following information:

a. The name of the kind or kinds and variety of each agricultural, vegetable, or flower seed component present. Hybrids shall be labeled as hybrids.

b. A word or statement indicating if the seed has been treated. And if treated, must be labeled as provided in subsection (C)(2).

c. Some form of reference identification that provides traceability. Retention of posterity file samples are not required.

d. Name and city or address of the non-commercial seed sharing entity.

e. The full name of the donor and calendar month and year the seed was donated.

f. The seed shall be free of foreign material, other than coatings or treatments, including germination medium, mulch, fertilizer, pre-planted containers, mats, tapes or other planting devices.

g. No distributed container shall hold more than eight ounces of agricultural seed or four ounces of vegetable or flower seed.

h. Germination and purity analysis are not required, however if a germination or purity percentage is noted on the label, it must be noted whether or not the analysis was performed according to the Association of Official Seed Analysts rules for testing seed.

i. At each location involved with non-commercial seed sharing a legible and visible sign shall state that the seeds being distributed may not meet germination or varietal purity standards prescribed by the state seed law. The sign must also state that patented seed or varieties protected by the Plant Variety Protection Act will not be accepted or distributed without permission of the certificate holder. (P.L. 91-577: 84 Stat. 1542; 7 U.S.C. §§ 2321 through 2582 as amended December 20, 2018, https://uscode.house.gov/view.xhtml?path=/prelim@title7/chapter57&edition=prelim. These materials are incorporated by reference, on file with the Department, and do not include any later amendments or editions).

B. Kind, variety, or type.

1. All agricultural seeds sold in this state, except as stated in subsection (B)(2), shall be labeled to include the recognized variety name or type or the words "Variety not stated." A brand is not a kind and variety designation and shall not be used instead of a variety name.

2. All cotton planting seed sold, offered for sale, exposed for sale, or transported for planting purposes in this state, shall have a label that includes both kind and variety.

C. Agricultural, vegetable, or flower seeds that are sold, offered for sale, or exposed for sale within this state shall bear on each container a plainly written or printed label or tag in English. No modifications or disclaimers shall be made to the required label information in the labeling or on another label attached to the container. No misleading information shall appear on the label. The label shall include the following information:

1. For agricultural, vegetable, and flower seeds that have been treated, the following is required and may appear on a separate label:

a. Language indicating that the seed has been treated;

b. The commonly-accepted chemical name of the applied substance or a description of the process used;

c. If a substance that is harmful to human or animals is present with the seed, a caution statement such as "Do not use for food, feed, or oil purposes." The caution for highly toxic substances shall be a poison statement and symbol; and

d. If the seed is treated with an inoculant, the date of expiration, which is the date beyond which the inoculant is not to be considered effective.

2. For agricultural seeds, except for lawn and turf grass seed and mixtures of lawn and turf grass seed as provided in subsection (C)(3); for seed sold on a pure live seed basis as provided in subsection (C)(7); and for hybrids that contain less than 95 percent hybrid seed as provided in subsection (C)(8):

a. The name of the kind and variety for each agricultural seed component in excess of five percent of the whole and the percentage by weight of each. If the variety of the kinds generally labeled as a variety designated in this Article is not stated, the label shall show the name of the kind and the words, "variety not stated." Hybrid seed shall be labeled as hybrid;

b. Lot number or other lot identification;

c. Origin of alfalfa, red clover, and field corn (except hybrid corn) or if the origin is unknown, a statement that the origin is unknown;

d. Percentage by weight of all weed seeds;

e. The name and rate of occurrence per pound of each kind of restricted noxious weed seed present;

f. Percentage by weight of agricultural seeds other than those required to be named on the label. Agricultural seeds may be designated as "crop seeds;"

g. Percentage by weight of inert matter;

h. The sum total of weight identified in subsections (a), (d), (f), and (g) shall equal 100 percent;

i. For each named agricultural seed:

i. Percentage germination, excluding hard seed;

ii. Percentage of hard seeds, if present; and

iii. The calendar month and year the test was completed to determine the percentages. The statement "total germination and hard seed" may be included following the percentages required under subsections (i) and (ii).

j. Net weight of seed in the container or seed count per unit weight; and

k. Name and address of the labeler, or the person who sells, offers, or exposes the seed for sale within this state.

3. For lawn and turf grass seed and lawn and turf grass seed mixtures:

a. For single kinds, the name of the kind or kind and variety and the percentage by weight.

b. For mixtures, the word "mix, "mixed", or "mixture" or "blend" shall be stated with the name of the mixture, along with the commonly accepted name of each kind or kind and variety of each agricultural seed component in excess of five percent of the whole and the percentages by weight.

c. The percentage by weight of each kind of pure seed shall be listed in order of its predominance and in columnar form. The heading "pure seed" and "germination" or "germ" shall be placed consistent with generally accepted industry practices.

d. Percentage by weight of agricultural seed other than those required to be named on the label which shall be designated as "crop seed."

e. The percentage by weight of inert matter for lawn and turf grass shall not exceed ten percent, except that 15 percent inert matter is permitted in Kentucky bluegrass labeled without a variety name. Foreign material that is not common to grass seed shall not be added, other than material used for coating, as in subsection (C)(4), or combination products, as in subsection (C)(9).

f. Percentage by weight of all weed seeds. Weed seed content shall not exceed one-half of one percent by weight.

g. The sum total for subsections (a), (b), (c), (d), (e) and (f) shall equal 100 percent.

h. Noxious weeds that are required by this Article to be labeled shall be listed under the heading "noxious weed seeds."

i. For each lawn and turf seed named under subsection (a) or (b):

i. Percentage of germination, excluding hard seed;

ii. Percentage of hard seed, if present;

iii. Calendar month and year the germination test was completed to determine percentages in subsections (i) and (ii); and

iv. For seed sold for retail non-farm usage the statement "sell by (month/year)" which shall be no more than 15 months from the date of the germination test excluding the month of the test.

j. Name and address of the labeler, or the person who sells, offers or exposes the seed for sale within this state.

4. For coated agricultural, vegetable, flower, or lawn and turf seeds that are sold by weight:

a. Percentage by weight of pure seeds with coating material removed;

b. Percentage by weight of coating material;

c. Percentage by weight of inert material not including coating material;

d. Percentage of germination determined on 400 pellets with or without seeds;

e. All other applicable requirements in subsections (C)(1), (2), and (3).

5. For vegetable seeds in packets as prepared for use in home gardens or household plantings or vegetable seeds in pre-planted containers, mats, tapes, or other planting devices:

a. Name of kind and variety of seed;

b. Lot identification, such as by lot number or other means;

c. One of the following:

i. The calendar month and year the germination test was completed and the statement "Sell by (month/year)." The date indicated shall be no more than 15 months from the date of the test, excluding the month of the test;

ii. The calendar year for which the seed was packaged for sale as "packed for (year)" and the statement "sell by (year)"; or

iii. The percentage germination and the calendar month and year the test was completed to determine the percentage if the germination test was completed within 15 months, excluding the month of the test;

d. Name and address of the labeler, or the person who sells, offers, or exposes the seed for sale within this state;

e. For seeds that germinate less than the standard established under R3-4-404(A), (B) and (C)(i) : percentage of germination, excluding hard seed; percentage of hard seed, if present; and the words "Below Standard" in not less than 8-point type;

f. For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape or device, a statement to indicate the minimum number of seeds in the container.

6. For vegetable seeds in containers other than packets prepared for use in home gardens, household plantings, pre-planted containers, mats, tapes, or other planting devices:

a. The name of each kind and variety present in excess of five percent and the percentage by weight of each in order of its predominance;

b. Lot number or other lot identification;

c. For each named vegetable seed:

i. Percentage germination, excluding hard seed;

ii. Percentage of hard seed, if present; and

iii. The calendar month and year the test was completed to determine the percentages; The statement "Total germination and hard seed" may be included following the percentages required under subsections (C)(6)(c)(i) and (C)(6)(c)(ii);

d. Name and address of the labeler, or the person who sells, offers or exposes the seed for sale within this state; and

e. The labeling requirements for vegetable seeds in containers of more than one pound are met if the seed is weighed from a properly labeled container in the presence of the purchaser.

7. For agricultural seeds sold on a pure live seed basis, each container shall bear a label containing the information required by subsection (C)(2), except:

a. The label need not show:

i. The percentage by weight of each agricultural seed component as required by subsection (C)(2)(a); or

ii. The percentage by weight of inert matter as required by subsection (C)(2)(g); and

b. For each named agricultural seed, the label must show instead of the information required by subsection (C)(2)(h):

i. The percentage of pure live seed; and

ii. The calendar month and year in which the test determining the percentage of live seed was completed.

For agricultural and vegetable hybrid seeds that contain less than 95 percent hybrid seed:

a. Kind or variety shall be labeled as "hybrid,"

b. The percentage that is hybrid shall be labeled parenthetically in direct association following the named variety; for example - comet (85% hybrid), and

c. Varieties in which the pure seed contains less than 75 percent hybrid seed shall not be labeled hybrids.

9. For combination mulch, seed, and fertilizer products:

a. The word "combination" followed by the words "mulch - seed - fertilizer", as appropriate, shall appear on the upper 30 percent of the principal display panel. The word "combination" shall be the largest and most conspicuous type on the container, equal to or larger than the product name. The words "mulch - seed - fertilizer", as appropriate, shall be no smaller than one-half the size of the word "combination" and in close proximity to the word "combination."

b. The products shall not contain less than 70 percent mulch.

c. Agricultural, flower, vegetable, lawn, and turf seeds placed in a germination medium, mat, tape, or other device or mixed with mulch shall be labeled as follows:

i. Product name;

ii. Lot number;

iii. Percentage by weight of pure seed of each kind and variety named. The kind and variety named may be less than 5 percent of the whole;

iv. Percentage by weight of other crop seeds;

v. Percentage by weight of inert matter, which shall not be less than 70 percent;

vi. Percentage by weight of weed seeds;

vii. The total of subsections (iii), (iv), (v), and (vi) shall equal 100 percent;

viii. Name and number of noxious weed seeds per pound, if present;

ix. Hard seed percentage, if present, and percentage of germination of each kind or kind and variety named and the month and year the test was completed; and

x. Name and address of the labeler or the person who sells, offers or exposes the product for sale within this state.

D. Labeling requirements: flowers.

1. For flower seeds in packets prepared for use in home gardens or household plantings or flower seeds in pre-planted containers, mats, tapes, or other planting devices:

a. For all kinds of flower seeds:

i. The name of the kind and variety or a statement of type and performance characteristics as prescribed in subsection (D)(3); and

ii. Name and address of the labeler, or the person who sells, offers, or exposes the seed for sale within this state, and one of the following subsections (D)(1)(a)(iii) through (v);

iii. The calendar month and year the germination test was completed and the statement "Sell by (month/year)." The date indicated shall be no more than 15 months from the date of the test excluding the month of the test; or

iv. The calendar year for which the seed was packaged for sale as "packed for (year)" and the statement "sell by (year)"; or

v. The percentage germination and the calendar month and year the test was completed to determine the percentage if the germination test was completed within 15 months, excluding the month of the test.

b. For kinds of flower seeds for which standard testing procedures are prescribed by the Association of Official Seed Analysts and that germinate less than the germination standards prescribed under the provisions of R3-4-404(B) :

i. Percentage of germination, excluding hard seeds;

ii. Percentage hard seed, if present; and

iii. The words "Below Standard" in not less than eight-point type.

c. For flower seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container.

2. For flower seeds in containers other than packets and other than pre-planted containers, mats, tapes, or other planting devices and not prepared for use in home flower gardens or household plantings:

a. The name of the kind and variety or a statement of type and performance characteristics as prescribed in subsection (D)(3), and for wildflowers, the genus and species and subspecies, if appropriate;

b. The lot number or other lot identification;

c. For wildflower seed with a pure seed percentage of less than 90 percent:

i. The percentage, by weight, of each component listed in order of the component's predominance;

ii. The percentage by weight of weed seed, if present; and

iii. The percentage by weight of inert matter;

d. For kinds of seed for which standard testing procedures are prescribed by the Association of Official Seed Analysts:

i. Percentage of germination, excluding hard or dormant seed;

ii. Percentage of hard or dormant seed, if present; and

iii. The calendar month and year that the test was completed to determine the percentages in subsections (D)(2)(d)(i) and (ii);

e. For those kinds of flower seed for which standard testing procedures are not prescribed by the Association of Official Seed Analysts, the year of production or collection; and

f. Name and address of the labeler, or the person who sells, offers, or exposes the flower seed for sale within this state.

3. Requirements to label flower seeds with kind and variety, or type and performance characteristics as prescribed in subsection (D)(1)(a)(i) and (D)(2)(a) shall be met as follows:

a. For seeds of plants grown primarily for their blooms:

i. If the seeds are of a single named variety, the kind and variety shall be stated, for example, "Marigold, Butterball";

ii. If the seeds are of a single type and color for which there is no specific variety name, the type of plant, if significant, and the type and color of bloom shall be indicated, for example, "Scabiosa, Tall, Large Flowered, Double, Pink";

iii. If the seeds consist of an assortment or mixture of colors or varieties of a single kind, the kind name, the type of plant, if significant, and the type or types of bloom shall be indicated. It shall be clearly indicated that the seed is mixed or assorted. An example of labeling such a mixture or assortment is "Marigold, Dwarf Double French, Mixed Colors";

iv. If the seeds consist of an assortment or mixture of kinds or kinds and varieties, it shall clearly indicate that the seed is assorted or mixed and the specific use of the assortment or mixture shall be indicated, for example, "Cut Flower Mixture", or "Rock Garden Mixture". Statements such as "General Purpose Mixture", "Wonder Mixture", or any other statement that fails to indicate the specific use of the seed shall not be considered as meeting the requirements of this subsection unless the specific use of the mixture is also stated. Containers with over three grams of seed shall list the kind or kind and variety names of each component present in excess of five percent of the whole in the order of their predominance, giving the percentage by weight of each. Components equal to or less than five percent shall be listed, but need not be listed in order of predominance. A single percentage by weight shall be given for these components that are less than five percent of the whole. If no component of a mixture exceeds five percent of the whole, the statement, "No component in excess of 5%" may be used. Containers with three grams of seed or less shall list the components without giving percentage by weight and need not be in order of predominance.

b. For seeds of plants grown for ornamental purposes other than their blooms, the kind and variety shall be stated, or the kind shall be stated together with a descriptive statement concerning the ornamental part of the plant, for example, "Ornamental Gourds, Small Fruited, Mixed."

E. Label requirement for tree and shrub seeds. Tree or shrub seeds that are sold, offered for sale, or exposed for sale within this state shall bear on each container a plainly written or printed label or tag in English. No modifications or disclaimers shall be made to the required label information in the labeling or on another label attached to the container. Labeling of seed supplied under a contractual agreement meets this requirement if the shipment is accompanied by an invoice or by an analysis tag attached to the invoice if each bag or other container is clearly identified by a lot number permanently displayed on the container or if the seed is in bulk. Each bag or container not clearly identified by a lot number must carry complete labeling. The label shall include the following information:

1. For tree and shrub seeds that have been treated, the following may appear on a separate label:

a. Language indicating that the seed has been treated;

b. The commonly accepted chemical name of the applied substance or description of the process used;

c. If the substance is harmful to human or animals, a caution statement such as "do not use for food or feed or oil purposes". The caution for highly toxic substances shall be a poison statement and symbol; and

d. If the seed has been treated with an inoculant, the date of expiration, which is the date the inoculant is no longer considered effective;

2. For all tree and shrub seeds subject to this Article:

a. Common name of the species of seed and if appropriate, the subspecies;

b. The scientific name of the genus and species and if appropriate, the subspecies;

c. Lot number or other lot identification;

d. Origin.

i. For seed collected from a predominantly indigenous stand, the area of collection given by latitude and longitude, a geographic description, or identification of a political subdivision, such as a state or county; or

ii. For seed collected from other than a predominantly indigenous stand, identification of the area of collection and the origin of the stand, or the statement "origin not indigenous";

e. The elevation or the upper and lower limits of elevations within which the seed was collected;

f. Purity as a percentage of pure seed by weight;

g. For those species listed under R3-4-404 (C), the following apply except as provided in subsection (E)(2)(h):

i. Percentage germination excluding hard seed;

ii. Percentage of hard seed, if present;

iii. The calendar month and year the test was completed to determine the percentages in subsection (E)(2)(g)(i) and (ii);

h. Instead of complying with subsections (E)(2)(g)(i), (ii), and (iii), the seed may be labeled, "Test is in process, results will be supplied upon request";

i. For those species for which standard germination testing procedures have not been prescribed, the calendar year in which the seed was collected; and

j. Name and address of the labeler, or the person who sells, offers, or exposes the seed for sale within this state.

F. Hermetically sealed seed shall meet the following requirements as prescribed in the "Federal Seed Act:"

1. The seed shall have been packaged within nine months of harvest;

2. The container used shall not allow water vapor penetration through any wall, including the seals, greater than 0.05 grams of water per 24 hours per 100 square inches of surface at 100°F with a relative humidity on one side of 90 percent and on the other side 0 percent. Water vapor penetration (WVP) is measured in accordance with the U.S. Bureau of Standards as: gm H20/24 hr/ 100 sq in/ 100°F /90% RHV 0% RH;

3. The seed in the container shall not exceed the percentage of moisture, on a wet weight basis, as listed below:

a. Agricultural Seeds,

i. Beet, Field: 7.5;

ii. Beet, Sugar: 7.5;

iii. Bluegrass, Kentucky: 6.0;

iv. Clover, Crimson: 8.0;

v. Fescue, Red: 8.0;

vi. Mustard, India: 5.0;

vi. vii. Ryegrass, Annual: 8.0;

vii. viii. Ryegrass, Perennial: 8.0; and

viii. ix. All Others: 6.0;

ix. Mixture of Above: 8.0;

b. Vegetable Seeds,

i. Bean, Garden: 7.0;

ii. Bean, Lima: 7.0;

iii. Beet: 7.5;

iv. Broccoli: 5.0;

v. Brussels Sprouts: 5.0;

vi. Cabbage: 5.0;

vii. Carrot: 7.0;

viii. Cauliflower: 5.0;

ix. Celeriac: 7.0;

x. Celery: 7.0;

xi. Chard, Swiss: 7.5;

xii. Chinese Cabbage: 5.0;

xiii. Chives: 6.5;

xiv. Collards: 5.0;

xv. Corn, Sweet: 8.0;

xvi. Cucumber: 6.0;

xvii. Eggplant: 6.0;

xviii. Kale: 5.0;

xix. Kohlrabi: 5.0;

xx. Leek: 6.5;

xxi. Lettuce: 5.5;

xxii. Melon: 6.0;

xxiii. Mustard, India: 5.0;

xxiv. Onion: 6.5;

xxv. Onion, Welsh: 6.5;

xxvi. Parsley: 6.5;

xxvii. Parsnip: 6.0;

xxviii. Pea: 7.0;

xxix. Pepper: 4.5;

xxx. Pumpkin: 6.0;

xxxi. Radish: 5.0;

xxxii. Rutabaga: 5.0;

xxxiii. Spinach: 8.0;

xxxiv. Squash: 6.0;

xxxv. Tomato: 5.5;

xxxvi. Turnip: 5.0;

xxxvii. Watermelon: 6.5; and

xxxviii. All others: 6.0.

4. The container shall be conspicuously labeled in not less than 8-point type to indicate:

a. That the container is hermetically sealed,

b. That the seed has been preconditioned as to moisture content, and

c. The calendar month and year in which the germination test was completed; and

5. The germination percentage of the seed at the time of packaging shall have been equal to or higher than the standards specified elsewhere in subsection R3-4-404.

History

• Adopted effective December 21, 1981 (Supp. 81-6). Former Section R3-4-111 renumbered without change as Section R3-4-402 (Supp. 89-1). Section R3-4-402 renumbered from R3-1-402 (Supp. 91-4). Amended effective July 10, 1995 (Supp. 95-3). Amended by final rulemaking at 13 A.A.R. 1464, effective June 2, 2007 (Supp. 07-2). Amended by final rulemaking at 29 A.A.R. 3932, effective 2/4/2024.

Ariz. Admin. Code § R3-4-405 Seed-certifying Agencies

A. Any agency seeking to obtain designation as a seed-certifying agency in Arizona shall meet the following requirements.

1. The agency shall be qualified by USDA to certify agricultural or vegetable planting seed as to variety, strain, and genetic purity.

2. The agency shall have a written seed certification protocol which includes standards, rules, and procedures for the certification of planting seed.

The agency shall have procedures for accepting crops and varieties into a certification program.

4. The agency shall be a member in good standing of a USDA-recognized association of official seed-certifying agencies such as the Association of Official Seed Certifying Agencies.

B. The Director or the Director's designee shall meet each calendar year with the director of the seed-certifying agency to review the agency's standards, rules, and procedures.

C. The Director may, after consulting with the Director of the Arizona Agricultural Experiment Station, revoke the agency's designation as the state seed-certifying agency after written 30 days' notice if the organization:

1. Fails to maintain qualifications, protocols, procedures, and membership as set forth in subsection (A); or

2. Fails to follow federal and state standards, rules, and procedures.

History

• Adopted effective December 21, 1981 (Supp. 81-6). Former Section R3-4-114 renumbered without change as Section R3-4-405 (Supp. 89-1). Section R3-4-405 renumbered from R3-1-405 (Supp. 91-4). Section R3-4-405 renumbered to R3-4-403, new Section R3-4-405 renumbered from R3-4-407 and amended effective July 10, 1995 (Supp. 95-3).

Ariz. Admin. Code § R3-4-406 Sampling and Analyzing Seed

A. A person shall follow the methods of taking, handling, analyzing, and testing samples of seed and the tolerances and methods of determination as prescribed in the Federal Seed Act Regulations, 7 C.F.R. §§ 201.39 through 201.65 (as amended July 7, 2022, https://www.ecfr.gov/current/title-7/part-201), and in the Rules for Testing Seeds, 2017, published by the Association of Official Seed Analysts. This material is incorporated by reference and is on file with the Department. The materials incorporated by reference do not include any later amendments or editions. The Rules for Testing Seeds are also available through the web site: http://www.aosaseed.com. The CFR may be ordered from the Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA, 15250-7954 and the Rules for Testing Seeds may be ordered from the AOSA Management Office, Mail Boxes Etc. #285, 601 S. Washington, Stillwater, OK 74074-4539. If there is a conflict between the two documents, the requirements in CFR will prevail.

B. A labeler offering a seed for sale shall pay the cost of original germination and purity tests on each lot of seed offered for sale, and a dealer or labeler shall pay the cost of any subsequent germination test required by A.R.S. § 3-237. The Department shall pay the cost of testing seed samples drawn by a seed inspector from lots bearing valid labels. The dealer or labeler shall reimburse the Department for the cost of the test if the dealer or labeler chooses to use the Department's germination and purity results in subsequent re-labeling.

History

• Adopted effective December 21, 1981 (Supp. 81-6). Former Section R3-4-115 renumbered without change as Section R3-4-406 (Supp. 89-1). Section R3-4-406 renumbered from R3-1-406 (Supp. 91-4). Section R3-4-406 renumbered to R3-4-404, new Section R3-4-406 renumbered from R3-4-408 and amended effective July 10, 1995 (Supp. 95-3). Amended by final rulemaking at 9 A.A.R. 1286, effective May 31, 2003 (Supp. 03-2). Amended by final rulemaking at 13 A.A.R. 1464, effective June 2, 2007 (Supp. 07-2). Amended by final rulemaking at 29 A.A.R. 3932, effective 2/4/2024.

Ariz. Admin. Code § R3-4-407 Phytosanitary Field Inspection; Fee

A. Applicants seeking phytosanitary certification for interstate and international exportation of agriculture, vegetable, and ornamental planting seed shall submit a $20.00 inspection fee and provide the following information on a form furnished by the Department:

1. The company name and address of the applicant;

2. The kind, variety, and lot number of the seed;

3. The number of acres on which the seed will be grown;

4. The name of the grower;

5. The county and field location;

6. The date of the application;

7. The countries of export;

8. The seed treatment, if applicable;

9. The amount of treatment, if applicable;

10. The approximate planting date;

11. The approximate harvest date; and

The export requirements.

B. The Department may contract with the state-certifying agency for field inspection at 20¢ per acre for any first or single required inspection and 10¢ per acre for each subsequent required inspection which shall be performed in conjunction with the seed certification program.

C. Field inspections conducted by the Department shall be based upon the following fee schedule and shall not exceed the maximum fee prescribed by A.R.S. § 3-233(A)(7):

1. Cotton: 80¢ per acre;

2. Small grain: 20¢ per acre for the first inspection and 80¢ for the second inspection;

3. Vegetable and all other crops: 20¢ for the first inspection and 80¢ for the second inspection.

D. If both the field inspection fee and the application fee exceeds the maximum fee per acre prescribed by A.R.S. § 3-233(A)(7), the application fee shall be voided and the maximum cost per acre shall be assessed.

History

• Adopted effective December 21, 1981 (Supp. 81-6). Former Section R3-4-116 renumbered without change as Section R3-4-407 (Supp. 89-1). Section R3-4-407 renumbered from R3-1-407 (Supp. 91-4). Section R3-4-407 renumbered to R3-4-405, new Section adopted effective July 10, 1995 (Supp. 95-3).

Ariz. Admin. Code § R3-4-408 Licenses: Seed Dealer and Seed Labeler; Fees

A. An applicant for a seed dealer or seed labeler license shall provide the following to the Department:

1. The year for which the applicant wishes to be licensed;

The applicant's name, company name, telephone number, fax number and e-mail address, as applicable;

Verification of previous seed dealer or labeler license, if applicable;

4. The mailing and physical address of each business location being licensed;

5. Company Tax ID number or if not a legally-recognized business entity, the applicant's Social Security number;

6. The date of the application; and

7. The signature of the applicant.

B. Seed dealer and seed labeler licenses are not transferable, expire on June 30, and are valid for no more than one year, or period thereof, unless otherwise revoked, suspended, denied or otherwise acted upon by the Department as provided in A.R.S. § 3-233(A)(6).

C. An applicant shall submit a completed application to the Department accompanied by the following fee, which is nonrefundable unless A.R.S. § 41-1077 applies.

1. Seed dealers, $50.00 per location; and

2. Seed labelers, $100.00.

D. During fiscal year 2011 and fiscal year 2012, notwithstanding subsection (C), there is no fee to obtain a seed dealer or seed labeler license.

History

• Adopted effective December 21, 1981 (Supp. 81-6). Former Section R3-4-117 renumbered without change as Section R3-4-408 (Supp. 89-1). Section R3-4-408 renumbered from R3-1-408 (Supp. 91-4). Section R3-4-408 renumbered to R3-4-406, new Section adopted effective July 10, 1995 (Supp. 95-3). Amended by final rulemaking at 13 A.A.R. 1464, effective June 2, 2007 (Supp. 07-2). Amended by exempt rulemaking at 16 A.A.R. 2029, effective September 21, 2010 (Supp. 10-3). Amended by exempt rulemaking at 17 A.A.R. 1763, effective July 20, 2011 (Supp. 11-3). Amended by final rulemaking at 29 A.A.R. 3932, effective 2/4/2024.

Ariz. Admin. Code § R3-4-409 Violations and Penalties

A. The Department may assess the following penalties against a dealer or labeler for each customer affected by a violation listed below: $50 for the first offense, $150 for the second offense, and $300 for each subsequent offense within a three-year period:

1. Failure to complete the germination requirements on agricultural, vegetable, or flower seed intended for wholesale or commercial use within nine months prior to sale, exposing for sale, or offering for sale within the state, excluding the month in which the test was completed. This penalty does not apply to a violation under subsections (A)(2), or (3);

Failure to complete the germination requirements for agricultural, ornamental, or vegetable seed intended for retail purchase within the 15 months prior to the sale, exposing for sale, or offering for sale within the state, excluding the month in which the test was completed; and

3. Failure to obtain any license required by this Article;

B. The Department may assess the following penalties against any person committing the following acts: up to $500 for the first offense, up to $1250 for the second offense, and up to $2500 for each subsequent offense within a three-year period.

1. To label, advertise, or represent seed subject to this Article to be certified seed or any class of certified seed unless:

a. It has been determined by a certifying agency that the seed conforms to standards of purity and identification as to kind, species and subspecies, if appropriate, or variety; and

b. The seed bears an official label issued for the seed by a certifying agency certifying that the seed is of a specified class and a specified kind, species and subspecies, if appropriate, and variety;

2. To disseminate in any manner or by any means, any false or misleading advertisements concerning seeds subject to this Article;

3. To hinder or obstruct in any way, any authorized agent of the Department in the performance of the person's duties under this Article;

4. To fail to comply with a cease and desist order or to move or otherwise handle or dispose of any lot of seed held under a cease and desist order or tags attached to the order, except with express permission of the enforcing officer, and for a purpose specified by the officer;

5. To label or sell seed that has been treated without proper labeling;

To provide false information to any authorized person in the performance of the person's duties under this Article; or

7. To label or sell seed that has false or misleading labeling, including:

a. Labeling or selling seed with a label containing the word "trace" or the phrase "contains 01%" as a substitute for any statement that is required by this Article;

b. Altering or falsifying any seed label, seed test, laboratory report, record, or other document to create a misleading impression as to kind, variety, history, quality or origin of seed;

c. Labeling as hermetically sealed containers of agricultural or vegetable seeds that have not had completed the germination requirements with 36 months prior to sale, excluding the month in which the test was completed;

d. Failure to label in accordance with the provisions of this Article;

e. If applicable, failing to label as containing prohibited noxious weed seeds, subject to recognized tolerances;

f. If applicable, failing to label as containing restricted noxious weed seeds in excess of the number prescribed in R3-4-403 on the label attached to the container of the seed or associated with seed;

g. If applicable, failing to label as containing more than two and one-half percent by weight of all weed seeds;

h. Detaching, altering, defacing, or destroying any label provided for in this Article, or altering or substituting seed in a manner that may defeat the purpose of this Article;

i. Using relabeling stickers without having both the calendar month and year the germination test was completed, the sell by date if appropriate, and the lot number that matches the existing, original lot number; and

j. Selling, exposing for sale, or offering for sale within the state vegetable seed intended for retail purchase that has labeling containing germination information that has not been completed within the 12 months prior to selling, exposing for sale, or offering for sale.

History

• New Section made by final rulemaking at 13 A.A.R. 1464, effective June 2, 2007 (Supp. 07-2).

Article 5 COLORED COTTON

Ariz. Admin. Code § R3-4-501 Colored Cotton Production and Processing

A. Definitions. In addition to the definitions provided in A.R.S. § 3-101 and A.A.C. R3-4-101 and R3-4-201, the following terms apply to this Section:

"Certified" means having been inspected with a written certificate of inspection issued by an inspector of the Department.

2. "Colored cotton" means any variety of cotton plants of the Genus Gossypium that produces fiber that is naturally any color other than white.

3. "Cottonseed" means processed seed cotton used for propagation, animal feed, crushed or composted fertilizer, or oil.

4. "Composting" means a process that creates conditions that facilitate the controlled decomposition of organic matter into a more stable and easily handled soil amendment or fertilizer, usually by piling, aerating and moistening; or the product of such a process.

5. "Delinting" means the process of using acid, flame, or mechanical means to remove fiber that remains on cottonseed after ginning.

"Planting seed" means seed of a known variety produced for planting subsequent generations.

7. "Seed cotton" means raw cotton containing seed and lint that has been harvested from a field, but has not been ginned.

8. "White cotton" means any variety of the Genus Gossypium that produces white fiber as established in 7 C.F.R. §§ 28.401 through 28.407; and the U.S. Department of Agriculture, Agriculture Marketing Service: Cotton Classification, revised April, 2005. This material is incorporated by reference, does not include any later amendments or editions of the incorporated matter, and is on file with the Office of the Secretary of State.

B. Production requirements.

1. A producer who intends to grow colored cotton shall register in writing with the Department. The registration form shall be received at least 30 days before the cotton planting date for the applicable cultural cotton zone established in R3-4-204(E) . Any colored cotton not registered with the Department shall be abated as established in A.R.S. §§ 3-204 and 3-205, and the producer may be assessed a civil penalty as established in A.R.S. § 3-205.02. The registration shall include:

a. The name, address, telephone number, and signature of the producer;

b. The name, address, telephone number, and signature of the property owner;

c. The name, address, and telephone number of the organization or company contracting for the production of colored cotton or to whom the colored cotton will be sold, if known;

d. The total number of acres to be planted;

e. The geographical location of the proposed fields by county, section, township and range; and

f. The name of the property owners, if known, adjacent to the field where colored cotton will be grown.

2. Separation of white and colored cotton.

a. A colored cotton producer shall ensure that all colored cotton is planted no less than 500 feet from any white cotton field.

b. All producers of white cotton saved for planting seed shall comply with the Field Standards in the Arizona Crop Improvement Association's Cotton Seed Certification Standards, revised July 1995. This material is incorporated by reference, does not include any later amendments or editions of the incorporated matter, and is on file with the Office of the Secretary of State.

3. A producer shall not plant white cotton on land on which colored cotton has been grown until one or more irrigated non-cotton crops have been produced on that land. If the non-cotton crop is not grown during a traditional cotton growing season, as established by R3-4-204(E), the field shall be irrigated before planting a white cotton crop.

4. The Department shall notify all cotton producers of the colored cotton plant-back restrictions and of the availability of location and acreage records of colored cotton crops.

5. The Department shall notify the Arizona Crop Improvement Association of the colored cotton geographical locations at least 25 days before the cotton planting date for each cultural cotton zone established in R3-4-204(E).

C. Cotton appliances.

1. No cotton producer, contractor, or ginner shall use a cotton appliance or gin to produce, transport, or handle white cotton after the gin or appliance has been used in the production, transportation, or handling of colored cotton until the Department inspects the cotton appliance or gin and finds it free of colored cottonseed, seed cotton, fiber, and gin trash. A cotton producer, contractor, or ginner shall notify the Department at least 48 hours, excluding Sundays and legal holidays, before an inspection is needed.

2. Colored seed cotton, cottonseed, fiber, and gin trash cleaned from cotton equipment, shall be composted or disposed of by the producer or ginner:

a. On land where gin trash has previously been disposed and the land is managed as specified in subsection (B)(3); or

b. In a landfill approved by the Department.

3. The Department shall legibly mark cotton appliances designated for exclusive use on colored cotton crops.

D. Transportation. Except in gin yards, colored cottonseed or colored seed cotton transported over public roads shall be totally enclosed or covered.

E. Gin requirements.

1. A gin owner or manager planning to process colored cotton shall notify the Department, in writing, no less than 30 days before processing the colored cotton.

2. The Department shall notify the Arizona Crop Improvement Association of a gin owner's or manager's intention to process colored cotton within 10 days from the receipt of the notification from the gin.

3. A gin owner or manager processing colored cotton shall not process white cotton until the gin has been cleaned, and inspected by the Department. The gin shall be free of cottonseed, seed cotton, and loose lint as established in subsection (C)(1).

4. If a gin processes colored seed cotton and white seed cotton during the same season, and the white cottonseed is not retained by the plant breeder for research purposes, the producer shall market the white cottonseed as:

a. Animal feed,

b. Crushed or composted fertilizer, or

c. Oil.

5. The ginner shall legibly mark colored seed cotton kept in the gin yard or gin buildings and shall:

a. Isolate the seed cotton at least 500 feet from white seed cotton, or

b. Enclose it with two foot high chicken wire or chain link fencing.

6. Gin trash not disposed as established in subsection (C)(2) shall be shipped out-of-state, subject to the requirements of the receiving state and 7 CFR §§ 301.52 et. seq., amended June 7, 2005. This material is incorporated by reference, does not include any later amendments or editions of the incorporated matter, and is on file with the Office of the Secretary of State.

7. The ginner shall bale or bag colored cotton fiber and mark the bale or bag as colored cotton.

F. Seed Requirements.

1. A producer or contracting organization, set forth in subsection (B)(1), saving colored cottonseed for propagative purposes shall legibly label the colored planting seed container and notify the Department of:

a. The quantity,

b. The variety or color,

c. The location where the colored planting seed is held or stored, and

d. Whether any seed will be shipped out-of-state.

2. If the cotton seed is being delinted in Arizona, the delinting facility shall follow the requirements in Harvesting, Handling and Tagging that are included in the Cotton Seed Certification Standards and have been incorporated by reference in subsection (B)(2)(b).

3. The producer shall render non-viable non-delinted (fuzzy) colored cottonseed not used for propagative purposes by crushing or composting. Whole or cracked colored cottonseed shall not be used as animal feed in Arizona but may be shipped out-of-state, subject to the requirements of the receiving state and 7 CFR §§ 301.52 et. seq., amended June 7, 2005.

4. Cotton producers shall not transport unbagged white cotton planting seed using vehicles or other equipment previously used to transport whole or cracked colored cottonseed until the Department has certified that these vehicles and equipment are free of colored cottonseed.

G. Advisory committee.

1. The Cotton Research and Protection Council,

2. The Arizona Crop Improvement Association,

3. The Arizona Department of Agriculture,

4. The Arizona Cotton Growers Association,

5. A colored cotton producer,

6. A ginner ginning colored cotton, and

7. A contractor for the production of colored cotton.

The Director, as necessary, shall appoint an advisory committee composed of the nominated representatives of the Arizona Cotton Growers Association and the Arizona Cotton Research and Protection Council and such other individuals as may be necessary to make recommendations to the Department on amendments to this Section.

History

• Former Rule, Apiary Regulation 1. Amended effective June 19, 1978 (Supp. 78-3). Former Section R3-4-120 renumbered without change as Section R3-4-501 (Supp. 89-1). Former Section repealed, new Section adopted effective December 22, 1989 (Supp. 89-4). Section R3-4-501 renumbered from R3-1-501 (Supp. 91-4). Former Section R3-4-501 repealed, new Section R3-4-501 adopted effective October 15, 1993 (Supp. 93-4). R3-4-501 repealed by summary action with an interim effective date of February 10, 1995; filed in the Office of the Secretary of State January 20, 1995. Adopted summary rules filed in the Office of the Secretary of State May 17, 1995; interim effective date of February 10, 1995 now the permanent effective date (Supp. 96-3). New Section R3-4-501 renumbered from R3-4-205 and amended April 9, 1998 (Supp. 98-2). Amended by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Ariz. Admin. Code § R3-4-502 [REPEALED]

History

• Adopted effective December 22, 1989 (Supp. 89-4) Section R3-4-502 renumbered from R3-1-502 (Supp. 91-4). Former Section R3-4-502 repealed, new Section R3-4-502 adopted effective October 15, 1993 (Supp. 93-4). R3-4-502 repealed by summary action with an interim effective date of February 10, 1995; filed in the Office of the Secretary of State January 20, 1995. Adopted summary rules filed in the Office of the Secretary of State May 17, 1995; interim effective date of February 10, 1995, now the permanent effective date (Supp. 96-3).

Ariz. Admin. Code § R3-4-503 [REPEALED]

History

• Adopted as an emergency effective December 31, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-6). Emergency expired. Adopted as a permanent rule effective April 4, 1985 (Supp. 85-2). Former Sections R3-4-121.01, R3-4-121.02, R3-4-121.03, and R3-4-121.04 added to Section R3-4-121 and amended effective October 8, 1987 (Supp. 87-4). Former Section R3-4-121 renumbered without change as Section R3-4-502 (Supp. 89-1). Former Section R3-4-502 renumbered without change as Section R3-4-503 (Supp. 89-4). Repealed effective August 16, 1990 (Supp. 90-3). Section R3-4-503 renumbered from R3-1-503 (Supp. 91-4). New Section R3-4-503 adopted effective October 15, 1993 (Supp. 93-4). R3-4-503 repealed by summary action with an interim effective date of February 10, 1995; filed in the Office of the Secretary of State January 20, 1995. Adopted summary rules filed in the Office of the Secretary of State May 17, 1995; interim effective date of February 10, 1995, now the permanent effective date (Supp. 96-3).

Ariz. Admin. Code § R3-4-504 [REPEALED]

History

• Adopted as an emergency effective September 27, 1985, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 85-5). Emergency expired. Former Sections R3-4-122.01 through R3-4-122.03, emergency expired. New Section R3-4-122 adopted effective March 6, 1987 (Supp. 87-1). Former Section R3-4-122 renumbered without change as Section R3-4-503 (Supp. 89-1). Former Section R3-4-503 renumbered without change as Section R3-4-504 (Supp. 89-4). Section R3-4-504 renumbered from R3-1-504 (Supp. 91-4). Former Section R3-4-504 repealed, new Section R3-4-504 adopted effective October 15, 1993 (Supp. 93-4). R3-4-504 repealed by summary action with an interim effective date of February 10, 1995; filed in the Office of the Secretary of State January 20, 1995. Adopted summary rules filed in the Office of the Secretary of State May 17, 1995; interim effective date of February 10, 1995, now the permanent effective date (Supp. 96-3).

Ariz. Admin. Code § R3-4-505 [REPEALED]

History

• Adopted effective October 15, 1993 (Supp. 93-4). R3-4-505 repealed by summary action with an interim effective date of February 10, 1995; filed in the Office of the Secretary of State January 20, 1995. Adopted summary rules filed in the Office of the Secretary of State May 17, 1995; interim effective date of February 10, 1995, now the permanent effective date (Supp. 96-3).

Ariz. Admin. Code § R3-4-506 [REPEALED]

History

• Adopted effective October 15, 1993 (Supp. 93-4). R3-4-501 repealed by summary action with an interim effective date of February 10, 1995; filed in the Office of the Secretary of State January 20, 1995. Adopted summary rules filed in the Office of the Secretary of State May 17, 1995; interim effective date of February 10, 1995, now the permanent effective date (Supp. 96-3).

Article 6 RECODIFIED

Ariz. Admin. Code § R3-4-601 Recodified

History

• Former Rule, Native Plant Regulation 1. Amended effective June 19, 1978 (Supp. 78-3). Amended by adding subsection (E) effective January 21, 1981 (Supp. 81-1). Former Section R3-4-130 amended and renumbered as R3-4-130 through R3-4-140 effective April 30, 1982 (Supp. 82-2). Former Section R3-4-130 renumbered without change as Section R3-4-601 (Supp. 89-1). Amended effective December 28, 1990 (Supp. 90-4). Section R3-4-601 renumbered from R3-1-601 (Supp. 91-4). Section repealed, new Section adopted effective July 6, 1993 (Supp. 93-3). Amended by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3). Section recodified to R3-3-1101 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-4-602 Recodified

History

• Former Section R3-4-130 amended and renumbered as R3-4-130 through R3-4-140 effective April 30, 1982 (Supp. 82-2). Former Section R3-4-131 renumbered without change as Section R3-4-602 (Supp. 89-1). Amended effective December 28, 1990 (Supp. 90-4). Section R3-4-602 renumbered from R3-1-602 (Supp. 91-4). Section repealed, new Section adopted effective July 6, 1993 (Supp. 93-3). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3). Section recodified to R3-3-1102 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-4-603 Recodified

History

• Former Section R3-4-130 amended and renumbered as R3-4-130 through R3-4-140 effective April 30, 1982 (Supp. 82-2). Amended effective May 15, 1984 (Supp. 84-3). Correction, amendment effective May 15, 1984 deleted samples of forms (Supp. 86-1). Former Section R3-4-132 renumbered without change as Section R3-4-603 (Supp. 89-1). Amended effective December 28, 1990 (Supp. 90-4). Section R3-4-603 renumbered from R3-1-603 (Supp. 91-4). Section repealed, new Section adopted effective July 6, 1993 (Supp. 93-3). Section repealed; new Section R3-4-603 renumbered from R3-4-605 and amended by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3). Section recodified to R3-3-1103 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-4-604 Recodified

History

• Former Section R3-4-130 amended and renumbered as R3-4-130 through R3-4-140 effective April 30, 1982 (Supp. 82-2). Amended effective May 15, 1984 (Supp. 84-3). Former Section R3-4-133 renumbered without change as Section R3-4-604 (Supp. 89-1). Amended effective December 28, 1990 (Supp. 90-4). Section R3-4-604 renumbered from R3-1-604 (Supp. 91-4). Section repealed, new Section adopted effective July 6, 1993 (Supp. 93-3). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3). Section recodified to R3-3-1104 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-4-605 Recodified

History

• Former Section R3-4-130 amended and renumbered as R3-4-130 through R3-4-140 effective April 30, 1982 (Supp. 82-2). Former Section R3-4-134 renumbered without change as Section R3-4-605 (Supp. 89-1). Amended effective December 28, 1990 (Supp. 90-4). Section R3-4-605 renumbered from R3-1-605 (Supp. 91-4). Section repealed, new Section adopted effective July 6, 1993 (Supp. 93-3). Former Section R3-4-605 renumbered to R3-4-603; new Section R3-4-605 adopted by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3). Section recodified to R3-3-1105 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-4-606 Recodified

History

• Former Section R3-4-130 amended and renumbered as R3-4-130 through R3-4-140 effective April 30, 1982 (Supp. 82-2). Former Section R3-4-135 renumbered without change as Section R3-4-606 (Supp. 89-1). Repealed effective December 28, 1990 (Supp. 90-4). Section R3-4-606 renumbered from R3-1-606 (Supp. 91-4). New Section adopted effective July 6, 1993 (Supp. 93-3). Amended effective December 20, 1994 (Supp. 94-4). Amended by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3). Section recodified to R3-3-1106 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-4-607 Recodified

History

• Former Section R3-4-130 amended and renumbered as R3-4-130 through R3-4-140 effective April 30, 1982 (Supp. 82-2). Former Section R3-4-137 renumbered without change as Section R3-4-608 (Supp. 89-1). Former Section R3-4-607 repealed, new Section R3-4-607 renumbered from R3-4-608 and amended effective December 28, 1990 (Supp. 90-4). Section R3-4-607 renumbered from R3-1-607 (Supp. 91-4). Section repealed, new Section adopted effective July 6, 1993 (Supp. 93-3). Former Section R3-4-607 repealed; new Section R3-4-607 renumbered from R3-4-616 and amended at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3). Section recodified to R3-3-1107 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-4-608 Recodified

History

• Former Section R3-4-130 amended and renumbered as R3-4-130 through R3-4-140 effective April 30, 1982 (Supp. 82-2). Former Section R3-4-138 renumbered without change as Section R3-4-609 (Supp. 89-1). Former Section R3-4-608 renumbered to R3-4-607, new Section R3-4-608 adopted effective December 28, 1990 (Supp. 90-4). Section R3-4-608 renumbered from R3-1-608 (Supp. 91-4). Section repealed, new Section adopted effective July 6, 1993 (Supp. 93-3). Section repealed; new Section adopted at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3). Section recodified to R3-3-1108 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-4-609 Recodified

History

• Former Section R3-4-130 amended and renumbered as R3-4-130 through R3-4-140 effective April 30, 1982 (Supp. 82-2). Former Section R3-4-139 renumbered without change as Section R3-4-610 (Supp. 89-1). Former Section R3-4-609 repealed, new Section R3-4-609 renumbered from R3-4-610 and amended effective December 28, 1990 (Supp. 90-4). Section R3-4-609 renumbered from R3-1-609 (Supp. 91-4). Section repealed, new Section adopted effective July 6, 1993 (Supp. 93-3). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3). Section recodified to R3-3-1109 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-4-610 Recodified

History

• Former Section R3-4-130 amended and renumbered as R3-4-130 through R3-4-140 effective April 30, 1982 (Supp. 82-2). Former Section R3-4-140 renumbered without change as Section R3-4-611 (Supp. 89-1). Former Section R3-4-610 renumbered to R3-4-609, new Section R3-4-610 renumbered from R3-4-611 and amended effective December 28, 1990 (Supp. 90-4). Section R3-4-610 renumbered from R3-1-610 (Supp. 91-4). Section repealed, new Section adopted effective July 6, 1993 (Supp. 93-3). Amended effective December 20, 1994 (Supp. 94-4). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3). Section recodified to R3-3-1110 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-4-611 Recodified

History

• Renumbered to R3-4-610 effective December 28, 1990 (Supp. 90-4). Section R3-4-611 renumbered from R3-1-611 (Supp. 91-4). New Section adopted effective July 6, 1993 (Supp. 93-3). Former Section R3-4-611 repealed; new Section R3-4-611 renumbered from R3-4-618 and amended by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3). Section recodified to R3-3-1111 at 10 A.A.R. 726, effective February 6, 2004 (Supp. 04-1).

Ariz. Admin. Code § R3-4-612 [REPEALED]

History

• Adopted effective April 30, 1982 (Supp. 82-2). Former Section R3-4-141 renumbered without change as Section R3-4-612 (Supp. 89-1). Repealed effective December 28, 1990 (Supp. 90-4). Section R3-4-612 renumbered from R3-1-612 (Supp. 91-4). New Section adopted effective July 6, 1993 (Supp. 93-3). Section repealed by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3).

Ariz. Admin. Code § R3-4-613 [REPEALED]

History

• Adopted effective February 5, 1986 (Supp. 86-1). Former Section R3-4-144 repealed, new Section R3-4-615 adopted effective January 17, 1989 (see also R3-4-616) (Supp. 89-1). Repealed effective December 28, 1990 (Supp. 90-4). Section R3-4-615 renumbered from R3-1-615 (Supp. 91-4). New Section adopted effective July 6, 1993 (Supp. 93-3). Amended effective September 11, 1997 (Supp. 97-3). Section repealed by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3).

Ariz. Admin. Code § R3-4-614 [REPEALED]

History

• Adopted effective February 5, 1986 (Supp. 86-1). Former Section R3-4-144 repealed, new Section R3-4-615 adopted effective January 17, 1989 (see also R3-4-616) (Supp. 89-1). Repealed effective December 28, 1990 (Supp. 90-4). Section R3-4-615 renumbered from R3-1-615 (Supp. 91-4). New Section adopted effective July 6, 1993 (Supp. 93-3). Amended effective September 11, 1997 (Supp. 97-3). Section repealed by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3).

Ariz. Admin. Code § R3-4-615 [REPEALED]

History

• Adopted effective February 5, 1986 (Supp. 86-1). Former Section R3-4-144 repealed, new Section R3-4-615 adopted effective January 17, 1989 (see also R3-4-616) (Supp. 89-1). Repealed effective December 28, 1990 (Supp. 90-4). Section R3-4-615 renumbered from R3-1-615 (Supp. 91-4). New Section adopted effective July 6, 1993 (Supp. 93-3). Amended effective December 20, 1994 (Supp. 94-4). Section repealed by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3).

Ariz. Admin. Code § R3-4-616 Renumbered

History

• Adopted effective February 5, 1986 (Supp. 86-1). Former Section R3-4-144 repealed, new Section R3-4-616 adopted effective January 17, 1989 (see also R3-4-615) (Supp. 89-1). Repealed effective December 28, 1990 (Supp. 90-4). Section R3-4-616 renumbered from R3-1-616 (Supp. 91-4). New Section adopted effective July 6, 1993 (Supp. 93-3). Amended effective December 20, 1994 (Supp. 94-4). Amended effective September 11, 1997 (Supp. 97-3). Section R3-4-616 renumbered to R3-4-607 by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3).

Ariz. Admin. Code § R3-4-617 [REPEALED]

History

• Adopted effective December 28, 1990 (Supp. 90-4). Section R3-4-617 renumbered from R3-1-617 (Supp. 91-4). Section R3-4-617 renumbered from R3-1-617 (Supp. 91-4). Section repealed, new Section adopted effective July 6, 1993 (Supp. 93-3). Section repealed by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3).

Ariz. Admin. Code § R3-4-618 Renumbered

History

• Adopted effective December 28, 1990 (Supp. 90-4). Section R3-4-618 renumbered from R3-1-618 (Supp. 91-4). Section repealed, new Section adopted effective July 6, 1993 (Supp. 93-3). Section R3-4-618 renumbered to R3-4-611 by final rulemaking at 5 A.A.R. 2521, effective July 15, 1999 (Supp. 99-3).

Ariz. Admin. Code § R3-4-619 [REPEALED]

History

• Adopted effective December 28, 1990 (Supp. 90-4). Section R3-4-619 renumbered from R3-1-619 (Supp. 91-4). Section repealed effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R3-4-620 [REPEALED]

History

• Adopted effective December 28, 1990 (Supp. 90-4). Section R3-4-620 renumbered from R3-1-620 (Supp. 91-4). Section repealed effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R3-4-621 [REPEALED]

History

• Adopted effective December 28, 1990 (Supp. 90-4). Section R3-4-621 renumbered from R3-1-621 (Supp. 91-4). Section repealed effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R3-4-622 [REPEALED]

History

• Adopted effective December 28, 1990 (Supp. 90-4). Section R3-4-622 renumbered from R3-1-622 (Supp. 91-4). Section repealed effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R3-4-623 [REPEALED]

History

• Adopted effective December 28, 1990 (Supp. 90-4). Section R3-4-623 renumbered from R3-1-623 (Supp. 91-4). Section repealed effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R3-4-624 [REPEALED]

History

• Adopted effective December 28, 1990 (Supp. 90-4). Section R3-4-624 renumbered from R3-1-624 (Supp. 91-4). Section repealed effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R3-4-625 [REPEALED]

History

• Adopted effective December 28, 1990 (Supp. 90-4). Section R3-4-625 renumbered from R3-1-625 (Supp. 91-4). Section repealed effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R3-4-626 [REPEALED]

History

• Adopted effective December 28, 1990 (Supp. 90-4). Section R3-4-626 renumbered from R3-1-626 (Supp. 91-4). Section repealed effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R3-4-627 [REPEALED]

History

• Adopted effective December 28, 1990 (Supp. 90-4). Section R3-4-627 renumbered from R3-1-627 (Supp. 91-4). Section repealed effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R3-4-628 [REPEALED]

History

• Adopted effective December 28, 1990 (Supp. 90-4). Section R3-4-628 renumbered from R3-1-628 (Supp. 91-4). Section repealed effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R3-4-629 [REPEALED]

History

• Adopted effective December 28, 1990 (Supp. 90-4). Section R3-4-629 renumbered from R3-1-629 (Supp. 91-4). Section repealed effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R3-4-630 [REPEALED]

History

• Adopted effective December 28, 1990 (Supp. 90-4). Section R3-4-630 renumbered from R3-1-630 (Supp. 91-4). Section repealed effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R3-4-631 [REPEALED]

History

• Adopted effective December 28, 1990 (Supp. 90-4). Section R3-4-631 renumbered from R3-1-631 (Supp. 91-4). Section repealed effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R3-4-632 [REPEALED]

History

• Adopted effective December 28, 1990 (Supp. 90-4). Section R3-4-632 renumbered from R3-1-632 (Supp. 91-4). Section repealed effective July 6, 1993 (Supp. 93-3).

Ariz. Admin. Code § R3-4-633 [REPEALED]

History

• Adopted effective December 28, 1990 (Supp. 90-4). Section R3-4-633 renumbered from R3-1-633 (Supp. 91-4). Section repealed effective July 6, 1993 (Supp. 93-3).

Article 7 FRUIT AND VEGETABLE STANDARDIZATION

Ariz. Admin. Code § R3-4-701 Expired

History

• Section R3-4-701 renumbered from R3-7-101 (Supp. 91-4). Section repealed, new Section adopted effective January 6, 1994 (Supp. 94-1). Amended by final rulemaking at 9 A.A.R. 4628, effective December 6, 2003 (Supp. 03-4). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-702 Expired

History

• Former Rule 100. Section R3-4-702 renumbered from R3-7-102 (Supp. 91-4). Section repealed, new Section adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-703 Expired

History

• Former Rule 101. Section R3-4-703 renumbered from R3-7-103 (Supp. 91-4). Section repealed, new Section adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-705 Expired

History

• Former Rule 103. Section R3-4-705 renumbered from R3-7-105 (Supp. 91-4). Former Section R3-4-705 renumbered to R3-4-736, new Section R3-4-705 adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-706 Expired

History

• Former Rule 104. Section R3-4-706 renumbered from R3-7-106 (Supp. 91-4). Former Section R3-4-706 renumbered to R3-4-737, new Section R3-4-706 adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-707 Expired

History

• Former Rule 105; Amended effective March 5, 1982 (Supp. 82-2). Section R3-4-707 renumbered from R3-7-107 (Supp. 91-4). Former Section R3-4-707 repealed, new Section R3-4-707 adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-708 Expired

History

• Former Section R3-4-708 renumbered to R3-4-740, new Section R3-4-708 adopted effective January 6, 1994 (Supp. 94-1). Amended by final rulemaking at 5 A.A.R. 569, effective February 3, 1999 (Supp. 99-1). Amended by final rulemaking at 8 A.A.R. 4454, effective October 2, 2002 (Supp. 02-4). Amended by final rulemaking at 10 A.A.R. 677, effective February 3, 2004 (Supp. 04-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-709 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-710 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-711 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-712 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-713 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-714 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-715 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-716 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Amended by final rulemaking at 6 A.A.R. 4582, effective November 13, 2000 (Supp. 00-4). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-717 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Amended by final rulemaking at 5 A.A.R. 569, effective February 3, 1999 (Supp. 99-1). Amended by final rulemaking at 10 A.A.R. 677, effective February 3, 2004 (Supp. 04-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-718 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Amended by final rulemaking at 10 A.A.R. 677, effective February 3, 2004 (Supp. 04-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-719 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Amended by final rulemaking at 10 A.A.R. 677, effective February 3, 2004 (Supp. 04-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-720 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-721 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-722 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-723 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-724 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-725 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-726 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-727 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-728 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-729 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-730 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-731 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-732 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-733 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-734 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-735 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-736 Expired

History

• Section R3-4-736 renumbered from R3-7-705 and amended effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-737 Expired

History

• Section R3-4-737 renumbered from R3-7-706 and amended effective January 6, 1994 (Supp. 94-1). Amended by final rulemaking at 5 A.A.R. 569, effective February 3, 1999 (Supp. 99-1). Amended by final rulemaking at 6 A.A.R. 143, effective December 8, 1999 (Supp. 99-4). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-738 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-739 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-740 Expired

History

• Section R3-4-740 renumbered from R3-4-708 and amended effective January 6, 1994 (Supp. 94-1). Amended by final rulemaking at 8 A.A.R. 4454, effective October 2, 2002 (Supp. 02-4). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-741 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-742 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-743 Recordkeeping and Reporting Requirements for Fruit and Vegetable Shippers

A. Every shipper shall keep a correct record of each shipment of each assessed commodity shipped, showing:

1. The name and address of each producer;

2. The shipment totals, by producer.

B. The shipper shall retain the original or a copy of records covering each shipment or transaction with respect to each assessed commodity shipped for a period of two years from the date thereof, which shall at all times be open to the confidential inspection of the supervisor or the authorized representative. The burden of proof shall be upon the shipper to prove the correctness of the shipper's accounting of any transaction which may be questioned.

History

• Adopted effective January 6, 1994 (Supp. 94-1).

Article 8 CITRUS FRUIT STANDARDIZATION

Ariz. Admin. Code § R3-4-801 Expired

History

• Section R3-4-801 renumbered from R3-7-201 (Supp. 91-4). Section repealed, new Section adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-802 Expired

History

• Former Rule 1. Section R3-4-802 renumbered from R3-7-202 (Supp. 91-4). Section R3-4-802 repealed, new Section R3-4-802 renumbered from R3-4-806 and heading amended effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-803 Expired

History

• Former Rule 2. Amended effective January 10, 1977 (Supp. 77-1). Amended effective November 3, 1983 (Supp. 83-6). Section R3-4-803 renumbered from R3-7-203 (Supp. 91-4). Former Section R3-4-803 renumbered to R3-4-809, new Section R3-4-803 adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-804 Expired

History

• Former Rule 3. Section R3-4-804 renumbered from R3-7-204 (Supp. 91-4). Former Section R3-4-804 renumbered to R3-4-807, new Section R3-4-804 adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-805 Expired

History

• Former Rule 4. Section R3-4-805 renumbered from R3-7-205 (Supp. 91-4). Section repealed, new Section adopted effective January 6, 1994 (Supp. 94-1). Amended by final rulemaking at 7 A.A.R. 5342, effective November 8, 2001 (Supp. 01-4). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-806 Expired

History

• Former Rule 5. Section R3-4-806 renumbered from R3-7-206 (Supp. 91-4). Former Section R3-4-806 renumbered to R3-4-802, new Section R3-4-806 adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-808 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-809 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Amended by final rulemaking at 8 A.A.R. 3633, effective August 7, 2002 (Supp. 02-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-810 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Amended by final rulemaking at 8 A.A.R. 3633, effective August 7, 2002 (Supp. 02-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-811 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Amended by final rulemaking at 6 A.A.R. 143, effective December 8, 1999 (Supp. 99-4). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-812 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-813 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-814 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Amended by final rulemaking at 8 A.A.R. 3633, effective August 7, 2002 (Supp. 02-3). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-815 Expired

History

• Adopted effective January 6, 1994 (Supp. 94-1). Section expired under A.R.S. § 41-1056(J) at 20 A.A.R. 2935, effective July 29, 2014 (Supp. 14-4).

Ariz. Admin. Code § R3-4-816 Recordkeeping and Reporting Requirements for Citrus Fruit Shippers

A. Every shipper shall keep a correct record of each shipment of each assessed citrus commodity shipped, showing:

1. The name and address of the producer;

2. The shipment totals, by producer.

B. The shipper shall retain the original or a copy of records covering each shipment or transaction with respect to each assessed citrus commodity shipped for a period of two years from the date thereof, which shall at all times be open to the confidential inspection of the supervisor or the authorized representative. The burden of proof shall be upon the shipper to prove the correctness of the shipper's accounting of any transaction which may be questioned.

History

• Adopted effective January 6, 1994 (Supp. 94-1).

Article 9 BIOTECHNOLOGY

Ariz. Admin. Code § R3-4-901 Genetically Engineered Organisms and Products

A. Definitions. In addition to the definitions provided in A.R.S. § 3-101, the following shall apply:

1. "Associate Director" means the Associate Director of the Plant Services Division of the Arizona Department of Agriculture.

2. "Genetically engineered" means the genetic modification of organisms by recombinant DNA techniques, including genetic combinations resulting in novel organisms or genetic combinations that would not naturally occur.

3. "Organisms" means any active, infective, or dormant stage or life form of any entity characterized as living, including vertebrate and invertebrate animals, plants, bacteria, fungi, mycoplasms, mycoplasma-like organisms, as well as entities such as viroid, viruses, or any entity characterized as living related to the foregoing.

4. "Permit" means an application which has been approved by USDA and the Department.

5. "Permit application" means an application filed with USDA, which may be supplemented with requirements from the Department, for the introduction of genetically engineered organisms and products, as provided by 7 CFR 340, revised June 16, 1987. The material incorporated herein by reference is on file with the Office of the Secretary of State and does not include any later amendments or editions of the incorporated matter.

6. "Product" means plant reproductive parts including pollen, seeds, and fruit, spores, or eggs.

7. "USDA" means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine (USDA, APHIS, PPQ).

B. Permit applications. A genetically engineered organism or product shall not be introduced into Arizona, sold, offered for sale, or distributed for release into Arizona's environment unless a permit issued pursuant to the application has been issued by USDA, or the Department has been notified by the USDA that the genetically engineered organisms or product is eligible under the notification procedure, as prescribed by 7 CFR § 340.3, revised August 6, 2007, or it has been determined by the USDA to be of nonregulated status, as prescribed by 7 CFR 340.6, revised May 1997. The material incorporated herein by reference is on file with the Office of the Secretary of State and does not include any later amendments or editions of the incorporated matter.

1. Applicants for the release or use of genetically engineered organisms or products shall follow all permit application procedures required by USDA.

2. In addition to USDA's requirements, permit applications shall demonstrate to the Department that:

a. Genetically engineered organisms or products shall be handled in such a manner so that no genetically engineered organism or product accidentally escapes into Arizona's environment.

b. All permit applicants shall comply with Arizona quarantine rules regulating the plants, pests, or organisms being introduced into Arizona.

3. The Department may, if it deems necessary to protect agriculture, public health, or the environment from potential adverse effects from the introduction of a specific genetically engineered organism or product:

a. Place restrictions on the number and location of organisms or products released, method of release, training of persons involved with the release of organisms or products, disposal of organisms or products, and other conditions of use;

b. Require measures to limit dispersal of released organisms or spread of inserted genes or gene products;

c. Require monitoring of the abundance and dispersal of the released organism or inserted genes or gene products;

d. Request the USDA to deny, suspend, modify, or revoke the permit for failure to comply with this rule.

e. Request the USDA to suspend the permit if it is determined that an adverse effect is occurring or is likely to occur because of a release authorized by such permit.

4. To the extent possible, the Department shall accept for review and base its decision on the data submitted with the federal application. However, the Department may request additional information from the applicant to assess the risks to animals and plants, including risks of vector transmissions of genetically engineered organisms or products.

5. The Associate Director shall review the application recommendations with the Director who shall, within the time period prescribed on each USDA application, approve, conditionally approve, or deny the permit.

6. The Director shall return the completed application with the resolution to USDA for final action.

History

• Adopted effective November 22, 1993 (Supp. 93-4). Amended by final rulemaking at 25 A.A.R. 3357, effective 1/4/2020.

Article 10 INDUSTRIAL HEMP

Ariz. Admin. Code § R3-4-1001 Definitions

In addition to the definitions provided in A.R.S. §§ 3-201, 3-311, and A.A.C. R3-4-101, the following terms apply to this Article.

"0.300%" shall have the same meaning as three-tenths percent.

"Applicant" means a key participant who seeks a license or certification as a grower, nursery, harvester, transporter, or processor under this Article.

"Associate Director" means the Associate Director of the Division.

"Authorized sampling agent" means an inspector of the Department or independent party that has been trained by an authorized representative of the Department to collect samples of industrial hemp crops to determine compliance with applicable hemp laws.

"Biomass" means the homogenized pieces and parts, including but not limited to stems, leaves and floral parts of hemp.

"Certified laboratory" means the State Agriculture Laboratory or any laboratory certified by the State Agriculture Laboratory to perform compliance analysis of industrial hemp.

"Corrective action plan" means a plan utilizing the methods outlined in R3-4-1013(D)(2) for correcting a negligent violation or noncompliance with applicable hemp laws, which is either proposed by a licensed hemp producer and approved by the Associate Director, or issued by the Associate Director.

"Decarboxylated" means the completion of the chemical reaction that converts THCA into delta-9 THC, the intoxicating component of cannabis. The decarboxylated value is also calculated using a molecular mass conversion ratio that sums delta-9 THC and 87.7% of THCA ((delta-9 THC) + (0.877 * THCA)).

"Decarboxylation" means the removal or elimination of carboxyl group from a molecule or organic compound.

"Delta-9 tetrahydrocannabinol" means the primary psychoactive component of cannabis. For the purposes of this Article, delta-9 THC and THC are interchangeable.

"Department" means the Arizona Department of Agriculture.

"Director" means the Director of the Department.

"Disposal" means an activity that transitions the non-compliant product into a non-retrievable or non-ingestible form. Such activities include plowing, tilling, or disking plant material into the soil; mulching, composting, chopping, or bush mowing plant material into green manure; burning plant material; or burying plant material into the earth and covering with soil.

"Division" means the Plant Services Division of the Department.

"Entity" means a corporation, joint stock company, association, limited partnership, limited liability partnership, limited liability company, irrevocable trust, estate, charitable organization, or other similar organization, including any such organization participating in the hemp production as a partner in a general partnership, a participant in a joint venture, or a participant in a similar organization.

"Geospatial location" means a location designated through a global system of navigational satellites used to determine the precise ground position of a place or object.

"Harvest Lot" means a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of cannabis throughout the area.

"Hemp" has the same meaning as industrial hemp.

"Hemp laws" mean, unless otherwise specified herein, A.R.S. Title 3, Chapter 2 and rules adopted thereunder in Article 4.1, A.A.C. R3-4-1001, et seq.; 7 U.S.C. § 5940 (agricultural act of 2014 PL 113-79; 128 Stat. 656, eff. January 5, 2015, https://www.con-gress.gov/bill/113th-congress/house-bill/2642/text); 7 U.S.C. § 1639o et seq. (agricultural improvement act of 2018, PL 115-334; 132 Stat. 4908, eff. December 20, 2018, https://www.congress.gov/bill/115th-congress/house-bill/2/text); and 7 C.F.R. part 990, (86 FR 5596, eff. March 22, 2021, https://www.ecfr.gov/cgi-bin/text-idx?node=se7.8.990_11&rgn=div8). The rule does not include any later amendments or editions of the incorporated matter.

"Intentionally" means the state of mind defined in A.R.S. § 13-105(10)(a) or any successor statute.

"Key participant" means a sole proprietor, a partner in partnership, or a person with executive managerial control in a corporation. A person with executive managerial control includes persons such as a chief executive officer, chief operating officer, and chief financial officer. This definition does not include non-executive managers such as farm, field, or shift managers.

"Knowingly" means the state of mind defined in A.R.S. § 13-105(10)(a) or any successor statute.

"Licensing Agreement" means a contract between the Department and an applicant that indicates the terms and conditions required for a license issued pursuant to this Article.

"Lot" means the same as harvest lot.

"Manmade causes" means the influence to an industrial hemp crop created by a person, including but not limited to, irrigation, fertilization, chemical application, or physical interference.

"Measurement of Uncertainty (MU)" means the parameter, associated with the result of a measurement that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement.

"Natural causes" means the influence to an industrial hemp crop created by elements of nature including, but not limited to, temperature, wind, rain, hail, or flood.

"Performance based sampling" means a sampling method established in substantive policy and posted on the Department's website that ensures, within a 95% confidence level, a harvest lot is compliant with this Article by not having a total delta-9 THC level above the acceptable limit.

"Program" means the Industrial Hemp Program.

"Propagative material" means any industrial hemp seedlings, explants, transplants, propagules, or other rooted material that is grown in a soilless media.

"Remediation" means the process for achieving compliance of non-compliant cannabis. Remediation can occur by removing and destroying flower material, while retaining stalk, stems, leaf material, and seeds. Remediation can also occur by shredding the entire plant into a biomass like material, then re-testing the shredded biomass material for compliance.

"Responsible party" means an individual that has signing authority of a partnership, limited liability company, association, company or corporation.

"THC" means Tetrahydrocannabinol

"THCA" means Tetrahydrocannbinolic Acid.

"Total THC or total delta-9 THC" means the value determined after the process of decarboxylation, or the application of a conversion factor if the testing methodology does not include decarboxylation that expresses the potential total delta-9 tetrahydrocannabinol content derived from the sum of the THC and THCA content and reported on a dry weight basis. This post-decarboxylation value of THC can be calculated by using a chromatograph technique using heat, such as gas chromatography, through which THCA is converted from its acid form to its neutral form, THC. which calculates the total potential THC in a given sample. The total THC can also be calculated by using a liquid chromatograph technique, which keeps the THCA intact. This technique requires the use of the following conversion: [Total THC = (0.877 x THCA) + THC] which calculates the potential total THC in a given sample.

History

• Adopted by exempt rulemaking at 25 A.A.R. 1447, effective 5/31/2019. Amended by final rulemaking at 27 A.A.R. 1570, effective 9/16/2021.

Ariz. Admin. Code § R3-4-1002 Program Eligibility

A. Eligibility requirements. Unless otherwise determined to be ineligible under this Article and not withstanding any other law, a person or responsible party that applies for a program license or registration shall:

1. Possess a valid fingerprint clearance card issued by the Arizona Department of Public Safety pursuant to A.R.S. § 41-1758.07.

a. Applicants who have had a felony narcotics conviction within 10 years of the date of application shall not be granted a good cause exception under A.R.S. § 41-1758.07.

b. Applicants who have had a felony narcotics conviction prior to December 11, 2018; and that participated in an agricultural pilot program for the purpose of research into the growth, cultivation and marketing of industrial hemp as authorized by 7 U.S.C. § 5940 (agricultural act of 2014 PL 113-79; 128 Stat. 656, eff. January 5, 2015, https://www.congress.gov/bill/113th-congress/house-bill/2642/text) may petition the State for an exception to the eligibility exclusion in subsection R3-4-1002(A)(1)(a). The rule does not include any later amendments or editions of the incorporated matter.

2. Be a citizen of the United States or a legal resident alien. An individual who applies for a program license and is enrolled in an academic program at an accredited college or university, but who does not meet the criteria in this Section may be sponsored by an academic member of that college or university who meets the eligibility criteria in this Section and provides proof of eligibility as required in subsection R3-4-1002(B)(2).

3. Be 18 years of age or older at the time of application.

B. Proof of eligibility.

1. Unless otherwise allowed by an exception to the requirements of this section, the applicant shall provide the Department a legible photo copy, paper or electronic, of the applicant's fingerprint clearance card described in subsection (A)(1), which the Department will validate to ensure the applicant meets the eligibility requirements of this section.

2. The Department shall accept the documents listed in A.R.S. § 41-1080(A) as evidence of age and United States Citizenship or legal residency.

History

• Adopted by exempt rulemaking at 25 A.A.R. 1447, effective 5/31/2019. Amended by final rulemaking at 27 A.A.R. 1570, effective 9/16/2021.

Ariz. Admin. Code § R3-4-1003 Licenses; Applications; Renewals; Withdrawal

A. Any person that grows, harvests, transports, or processes industrial hemp in any of the following categories shall obtain the appropriate license from the Department and shall abide by the terms and conditions set forth in the licensing agreement with the Department. Types of licenses include:

1. Grower - An authorized grower license shall allow the licensee to obtain seed or propagative materials pursuant to this Article for planting, possess authorized seed and propagative materials for planting, cultivate the crop, harvest plant parts, possess and store harvested plant parts, and transport plant parts for processing.

2. Nursery - An authorized nursery license shall allow the licensee to propagate eligible seed and propagative materials for planting for a licensed grower. A licensed nursery shall not grow industrial hemp for harvesting purposes, unless also licensed with the Department as a grower.

3. Harvester - An authorized harvester license shall allow the licensee to engage in the activity of harvesting an eligible industrial hemp crop for a licensed grower.

4. Transporter - An authorized transporter license shall allow the licensee to engage in the transport of a harvested industrial hemp crop for a licensed grower.

5. Processor - An authorized processor license shall allow the licensee to engage in the processing, handling, and storage of industrial hemp or hemp seed at one or more authorized locations in the state. The licensee may sell, distribute, transfer, or gift any products processed from harvested hemp that is not restricted in section R3-4-1012

B. At a minimum, applications for a license shall contain the information required in subsections R3-4-1003(B)(1) through (6), plus any additional information that may be required by the Department. Location information shall be retained by the Department for not less than three years. Licensing fees required under R3-4-1005 are due at the time of application.

1. All applicants must provide.

a. Full name, mailing address, telephone number and email address;

b. Fingerprint clearance card identification number of the applicant;

c. If the applicant represents a business entity, the full name of the business, the principal Arizona business location address, the full name, title, and email address of the of the responsible party;

d. Tax ID or Social Security Number; and

e. Disclosure and explanation of any instance in which the applicant has been denied, debarred, suspended, revoked, or otherwise prohibited from participating in any public procurement or licensing activity.

2. Applicants for a grower's license must also provide:

a. Registered planting site or sites: street address or major crossroads, legal description, and geospatial location for each field, greenhouse, building or site where industrial hemp will be grown, updated annually, or within 30 calendar days following a change;

b. Estimated acreage for each outdoor location and square footage for indoor or each greenhouse locations intended for planting;

c. Maps or aerial photos depicting each site where industrial hemp will be grown, handled, and stored, with appropriate designations for entrances, field boundaries, and specific locations corresponding to the geospatial location information;

d. Geospatial location information of all storage locations for seed or propagative materials, and harvested plants and plant parts; and

e. Maps or aerial photos depicting each site where industrial hemp seed and propagative materials will be stored and labeled with the corresponding geospatial location information.

3. Applicants for a nursery license must also provide:

a. Geospatial location information of all storage locations for seed or propagative materials;

b. Geospatial location information of all propagation areas; and

c. Labeled maps or aerial photos depicting storage and propagation areas.

4. Applicants for a harvester license must also provide the legal description and geospatial location information for each location of the harvesting equipment, together with corresponding labeled maps or aerial photos of the location or locations.

5. Applicants for a transporter license must also provide: legal description, and geospatial location information for each location the transporting vehicles and equipment, together with corresponding labeled maps or aerial photos of the location or locations.

6. Applicants for a processor license must also provide:

a. Identification of the part of a harvested hemp crop or plant to be received for processing, in the following categories:

i. Floral and leaf material, or biomass;

ii. Seed for oil or grain;

iii. Stalks for fiber or hurds; and

iv. Seed or propagative materials for planting.

b. Processing site or sites information that includes: street address or major crossroads, legal description, and geospatial location information for each building or site where hemp will be processed or stored; or where mobile processing equipment will be primarily based, together with labeled maps or aerial photos depicting the processing site information.

c. Labeled maps or aerial photos depicting the information in subsection (b).

C. Application submission dates. Applications may be submitted at any time during the year, but the expiration date of the license shall be on December 31 annually, or biennially for a two-year renewal as authorized in R3-4-1003(D) . An expired license may be reinstated up to three years after the expiration date, provided the applicant's business information has not changed.

D. Application for one or two-year renewals. At a licensee's discretion, a person that has been licensed by the Department under the industrial hemp program may apply for a one or two year renewal provided:

1. The person was licensed in the industrial hemp program within the previous calendar year;

2. The license of the person was in good standing at the time of renewal;

There is no change in the person or responsible party licensed;

4. There is no change in the physical location of the industrial hemp site;

5. The licensee does not owe any civil penalties, fees, or late charges to the Department; and

6. The person submits the associated fee for a one or two-year renewal.

E. Licensing agreements. All approved applicants for a license shall complete a licensing agreement issued by the Department prior to receiving a license. The licensing agreement may include additional terms and conditions as needed to ensure compliance with this Article, applicable state and federal laws, and rules and orders of the Director, but, at a minimum the applicant will agree to:

1. Provide access, for authorized Department inspectors, at any time, to all hemp and hemp seed, planted or stored, and all records to determine compliance with this Article and any state or federal law, rule or order regulating Cannabis as an agricultural crop;

2. Maintain all records, as stated in section R3-4-1008;

3. Pay all fees required indicated in Table 1;

4. Comply with all pesticide use restrictions;

5. Comply with all seed laws of the state;

6. Defend, indemnify, and hold harmless the Department from liability for the destruction of any crop or harvested plant in violation of this Article;

7. Be solely responsible for all financial or other losses;

8. Be solely responsible for all land use restrictions, applicable city and county zoning, building, and fire codes and ordinances; and

9. Follow all regulatory, notification and reporting requirements.

F. Withdrawals.

1. When a licensee withdraws from the industrial hemp program, any licensing and inspection fees paid or invoiced prior to any notice of withdrawal are not eligible for refund. In order for a licensee to withdraw from the industrial hemp program, the following requirements must be met:

a. Unless otherwise authorized by the Associate Director, the licensee shall complete and submit a withdrawal notice at least ten business days prior to the withdrawal of the Program; and

b. Any industrial hemp or hemp seed, planted, harvested, or stored must be inspected by the Department prior to transport off of the property, disposal, or transfer to a new or existing licensee.

2. Any industrial hemp or hemp seed, planted, harvested, or stored must be inspected by the Department prior to transport off of the property, destruction or transfer to a new or existing licensee;

3. Any licensing and inspection fees paid or invoiced prior to any notice of withdrawal are not eligible for refund; and

4. 2. Withdrawal after submittal of an application but prior to issuance of a license will be prohibited unless the Department determines, in its sole discretion, that such withdrawal is appropriate.

G. Site modification. Anytime a licensed grower, processor or nursery modifies the registered site by changing the location of an existing site or by adding additional sites under the license, or removing a registered site from the licensee's record, the licensee shall submit a site modification application and associated site modification fee listed in Table 1. There is no site modification fee for the request to remove a registered site from the licensee's record or when modifying or adding a site during the licensee's renewal process.

H. License transfer. The transfer of an industrial hemp license is authorized only if the licensee and eligible program applicant completes and submits a notarized Department issued transfer application and submits any applicable transfer fees listed in Table 1. The receiver of a transferred license shall complete a licensing application, and execute a licensing agreement as required by this Article, and all duties and responsibilities of the licensee shall be transferred to and acknowledged by the receiver in a written agreement between the licensee and receiver. Any license or other fees paid by the licensee shall be credited to the benefit of the receiver.

I. Change in Business Information. Licensees must complete and submit a Change in Business Information form within ten business days if there is any change in business information including business name, address, or other contact information.

History

• Adopted by exempt rulemaking at 25 A.A.R. 1447, effective 5/31/2019. Amended by final rulemaking at 27 A.A.R. 1570, effective 9/16/2021.

Ariz. Admin. Code § R3-4-1004 Industrial Hemp Research

A. A person, company, college or university that conducts research into the growth, harvesting techniques, transportation methods, or processing of industrial hemp is required to obtain a license pursuant to this Article.

B. A person, company, college or university conducting not-for-profit research may be exempted from the licensing fee(s) provided that:

1. The applicant submits to the Department a request for an exemption of the licensing fee;

2. The applicant provides a summary of the research to be conducted;

3. The applicant provides a summary of the benefit to the agricultural community that will be gained;

4. The applicant signs into an agreement with the Department that as a result of the research conducted the applicant will not gain any monetary profit;

5. The research will be conducted in compliance with this Article or any other law, rule, or order governing the production of industrial hemp; and

6. The results or summary of the research will be published or made publicly available.

C. Intellectual property. The Department holds no rights to any intellectual property resulting from industrial hemp research.

D. Restrictions.

1. A licensee shall not change not-for-profit research to for-profit research without notifying the Department and paying the required licensing fee.

2. Hemp and hemp products produced under a hemp research exemption, excluding hemp seed, are not eligible to enter the commercial stream of commerce.

History

• Adopted by exempt rulemaking at 25 A.A.R. 1447, effective 5/31/2019. Amended by final rulemaking at 27 A.A.R. 1570, effective 9/16/2021.

Ariz. Admin. Code § R3-4-1005 Fees

A. All licensing and/or registration fees are due at the time of application.

B. A grower applicant or licensee is not required to pay separate harvester or transporter licensing fees, unless providing harvesting or transport services for other licensed growers.

C. Inspection and assessment fees are invoiced by the Department and are due within 30 calendar days of the invoice date.

D. Site modification fees. The appropriate fee shall be submitted at the time an applicant submits a site modification application as provided in R3-4-1003(G)

E. Processor assessment fees are based on tonnage reports, shipping manifests or scale receipts of unprocessed hemp plants or plant parts received.

F. All outstanding inspection and assessment fees invoiced prior to November 15, shall be paid in full prior to the Department's processing of a licensee's renewal application.

G. THC sample analysis fees. Beyond the initial pre-harvest sample collected to determine regulatory compliance of a harvest lot of hemp, a licensee will be required to pay for any analytical fees before results are released. These include:

1. Any pre-harvest re-tests for crops that indicated a result above the threshold for compliance;

2. Post-harvest samples that have been determined to be a regulatory concern by the Department; or

3. By request from the grower that requires official analysis for commerce.

History

• Adopted by exempt rulemaking at 25 A.A.R. 1447, effective 5/31/2019. Amended by final rulemaking at 27 A.A.R. 1570, effective 9/16/2021.

Ariz. Admin. Code § R3-4-1006 Authorized Seed and Propagative Material

A. Authorized seeds and propagative material. Seeds and propagative materials authorized for use by a licensee is not a guarantee a crop will produce a Total Delta total delta-9 THC concentration of not greater than 0.300%. Seeds and propagative material that are used to produce an industrial hemp crop or plant shall:

1. Be produced from an industrial hemp crop or plant; and

2. Originate from either:

a. A person, business, college or university licensed or certified in a state or federal program authorized to produce industrial hemp; or

b. A foreign source that is authorized by the country of origin to export industrial hemp seed or propagative material to produce an industrial hemp crop.

B. Each licensed grower or nursery is responsible for the acquisition of seed or propagative materials used for the growth of industrial hemp. The licensee shall keep and maintain the following information:

1. A copy of the seed or propagative material producer's certificate, license or equivalent documentation authorizing the production of industrial hemp;

2. An official analysis of the crop or plant that produced the seed or propagative material that indicates the crop or plant contained a total delta-9 THC concentration of not greater than 0.300% on a dry weight basis; and

3. Phytosanitary certificates or nursery certificates issued by a plant regulatory official for any propagative materials to ensure compliance with A.R.S. § 3-211 and Title 3, Chapter 4, Article 2 of the Arizona Administrative Code.

4. A pre-planting report, on a form provided by the Department, which includes:

a. The variety/strain name of the material;

b. The amount or quantity of the material;

c. The lot number(s) of the material; and

d. The name, address, phone number and email address of the seed or propagative material provider.

C. Labeling requirements. All Industrial Hemp seed or propagative material sold within or into Arizona must be labeled as to variety/ strain or hybrid name, and origin.

1. For purposes of labeling, the number or other designations of hybrid industrial hemp shall be used as a variety name.

2. All Industrial Hemp seed for planting purposes sold within or into Arizona is subject to the Arizona seed laws under A.R.S. §§ 3-231 et seq. and Title 3, Chapter 4, Article 4 of the Arizona Administrative Code.

D. Shipment of hemp plants for planting purposes.

1. Hemp plants for planting purposes produced by a licensed nursery for intrastate or interstate shipment shall:

a. Have been produced from authorized hemp material as indicated in R3-4-1006(A);

b. Have been produced in compliance with the laws, rules and order of the Director for the production of industrial hemp;

c. Be transported with a copy of the nursery producer license; a copy of the receiving grower license; and a manifest or bill of lading indicating the amount in the shipment and physical destination of the shipment; and

d. Only be sold or distributed to an entity or individual licensed to produce hemp.

2. Hemp plants produced by a licensed nursery for the interstate shipment of hemp plants for planting purposes shall, in addition to the requirements in R3-4-1006(D)(1) :

a. Be accompanied by a certificate issued by the Department that attests the material was produced in compliance with laws, rules and orders of the Director regulating the production of industrial hemp in the state; and

b. Ensure compliance with all plant quarantine requirements of the destination state and certification as indicated in R3-4-301 as applicable.

D.E. Restrictions.

1. A person that receives seed or propagative materials that does not comply with this Article or any other phytosanitary, seed or labeling law of the state shall immediately notify the Department and hold the seed or propagative material until a disposition is provided by the Department.

2. The Department may direct a licensee to place a shipment of seed or propagative material on hold to ensure compliance with this Article and any other law or regulation that may apply to the shipment of agricultural seed and plants for planting purposes.

History

• Adopted by exempt rulemaking at 25 A.A.R. 1447, effective 5/31/2019. Amended by final rulemaking at 27 A.A.R. 1570, effective 9/16/2021.

Ariz. Admin. Code § R3-4-1007 Location Requirements; Signage

A. Location requirements.

1. A Licensed grower or processor shall not grow, process, or store industrial hemp in any residential dwelling.

2. A Licensee is responsible for maintaining compliance with all applicable city and county land use restrictions, zoning laws, building, and fire codes and ordinances.

3. A registered location shall be made available for inspection at the request of an inspector during normal business hours.

4. A licensed grower or processor shall not grow, process, or store any forms of Cannabis that are not classified as industrial hemp within a single structure at the registered location.

B. Signage. The use of the Arizona Department of Agriculture logo or likeness is not permitted on signage. A licensed grower or processor shall conspicuously post signage at the perimeter of the registered location that includes the following information:

1. The statement, "Arizona Department of Agriculture Industrial Hemp Program - No Trespassing Allowed";

2. Licensee's name or company name and license number; and

3. The Arizona Department of Agriculture, Industrial Hemp Program phone number.

History

• Adopted by exempt rulemaking at 25 A.A.R. 1447, effective 5/31/2019. Amended by final rulemaking at 27 A.A.R. 1570, effective 9/16/2021.

Ariz. Admin. Code § R3-4-1008 Compliance; Recordkeeping; Audits

A. General compliance requirements.

1. All licensees are subject to audits to ensure compliance with the recordkeeping requirements in R3-4-1008(B);

2. An authorized Department inspector shall be allowed access to all growing, storage, and processing locations of a licensee's industrial hemp crop, hemp seed, propagative material, harvested material, handling and processing equipment to conduct a visual inspection and determine if a violation of this Article may exist.

B. Recordkeeping. All licensees may be audited to ensure compliance with all recordkeeping requirements. A licensee shall comply with the recordkeeping requirements in this subsection at a minimum. Additional recordkeeping requirements may be established as set by policy and updated annually.

1. All records documenting the geospatial location, growth, propagation, harvesting, storage, agronomic data, shipping, receiving, transportation, distribution, processing, sale, purchase, third party analysis or research of all plants, seeds and materials shall be kept within the state of Arizona and made available for inspection on request.

2. An in-state agent must be maintained for receipt and storage of records.

3. All records shall be maintained for not less than five years.

C. Sampling and testing. All licensees are subject to the collection of a representative sample of any Cannabis plant, hemp crop or harvested hemp in possession of the licensee or licensee's agent to determine the total concentration of delta-9 THC as reported by a certified laboratory to ensure compliance with this Article and any state or federal law, rule or order regulating Cannabis as an agricultural commodity. Unless otherwise specified in an alternative performance-based sampling policy, crops shall be sampled within 30 days prior to the intended date of harvest and samples must be collected from mature flowering plants. All sampling agents must have undergone official sampling training by an authorized representative of the Department for the collection of cannabis samples for determination of compliance with the program. A licensed grower shall not harvest an industrial hemp crop prior to the collection of an official sample for compliance purposes.

1. Sampling method. The Department shall publish a policy on the procedures used by the Department to sample a Cannabis plant or crop ; and may publish a policy or policies for alternative, performance-based methods that have the potential to ensure, at a 95% level of confidence, that the Cannabis plant or crop will not test above the acceptable hemp total delta-9 THC level, such policy or policies may be updated annually as dictated by changing circumstances.

2. Only an authorized Department inspector, or other authorized sampling agent, may collect an official sample to determine compliance with this Article.

When collecting an official sample, an authorized Department inspector, or other authorized sampling agent, shall:

a. Ensure the licensee or authorized representative of the licensee is present during the collection of the official sample;

a. b. Collect a representative sample of the crop, plants or harvested crop;

b. c. Split the official sample as follows:

i. One-third for retention by the Department or to provide to a certified laboratory for compliance with this Article;

ii. One-third for confirmation of analytical results if required; and

iii. One-third that is provided to the licensee for retention or to utilize for additional analysis by a third party laboratory. Any results provided to the licensee by a third party laboratory do not supersede official results.

c. d. Label all official samples with an official sample number, sample date, collector name, location ID, and grower license ID number;

d. e. Apply official custody seals to all official samples; and

e. f. Complete an official chain of custody form that is signed and dated by the inspector and licensee or the licensee's representative.

Sample transport and submission. The Department shall not be liable for samples that are detained by any federal, state or local law enforcement agency.

a. If a certified laboratory receives a sample with a broken custody seal or incomplete or missing chain of custody, that sample shall be null and void;

b. All official samples retained by the Department are the property of the Department; and

c. The Department is not liable to reimburse the licensee for official samples collected.

5. Laboratory Standards. Certified laboratories conducting testing of hemp must conduct analytical testing for purposes of detecting the total calculable amount of delta-9 THC and shall meet the following standards:

a. Laboratory quality assurance must ensure the validity and reliability of test results;

b. Analytical method selection, validation, and verification must ensure that the testing method used is appropriate and that the laboratory can successfully perform the testing;

c. The demonstration of testing validity must ensure consistent and accurate analytical performance; and

d. Method performance specifications must ensure analytical tests are sufficiently sensitive for the purposes of the detectability requirements of this Article.

e. At a minimum, analytical testing of samples for total calculable amount of delta-9 THC levels must use post-decarboxylation or other similarly reliable methods approved by the U.S. Secretary of Agriculture. The testing methodology must consider the potential conversion of delta-9 tetrahydrocannabinolic acid (THCA) in hemp into delta-9 tetrahydrocannabinol (THC). The test result must reflect the total calculable amount of delta-9 THC. Testing methodologies meeting these requirements include, but are not limited to, gas chromatography and high-performance liquid chromatography.

f. The total delta-9 tetrahydrocannabinol concentration level shall be determined and reported on a dry weight basis.

g. Certified laboratories must report the measurement of uncertainty (MU) of the methodology, in reference to the U.S. Department of Agriculture's Laboratory Testing Guidelines, U.S. Hemp Production Program, published on January 15, 2021, or its successor document in reference to the AOAC International (Association of Official Agricultural Chemists), Standard Method Performance Requirements (SMPRs®) for Quantitation of Cannabinoids in Plant Materials of Hemp (Low THC Varieties Cannabis sp.) SMPR 2019.003 found at the website: https://www.aoac.org/resources/smpr-2019003/ . Certified laboratories must also report the MU as a ± value and report the total delta-9 value in the same unit of measure used to report the MU.

h. Any sample test result showing with at least 95% confidence that the total delta 9 THC content of the sample is higher than the acceptable hemp THC level shall be conclusive evidence that the lot represented by the sample is not in compliance with this Article.

6. DEA Registration. Certified laboratories must also be registered with DEA to handle controlled substances under the Controlled Substances Act (CSA), 21 CFR part 1301.13 no later than December 31, 2022.

5. 7. Sample results. A copy of any result produced by a certified laboratory shall be provided to the licensee, but such result is the property of the state.

D. Crop compliance.

1. Compliant crops. When a crop is found to be compliant with the regulations governing the production of industrial hemp, a grower will be provided documentation authorizing the movement of the harvest lot. Upon receiving authorization from the Department the licensed grower shall not comingle the harvest lot with any other compliant or non-compliant harvest lot. The grower shall:

a. Harvest the compliant harvest lot within 30 business days;

b. Notify the Department if there is a delay in the 30 business day harvest window due to inclement weather or other natural causes; and

c. Notify the Department prior to shipping or transporting the harvest lot as provided in section R3-4-1011(D).

2. Non-compliant crops. Non-compliant crops with a total delta-9 THC concentration greater than 0.3% shall not be allowed into the stream of commerce. When a crop is found to be non-compliant with the regulations governing the production of industrial hemp, a grower will be required, within 15 business days of notification of non-compliance, to either voluntarily dispose of the crop by a method prescribed in R3-4-1013(F) and submit a notice of destruction R3-4-1011(E), together with supporting evidence of disposal. Alternatively the grower may submit a corrective action plan under R3-4-1013(D) to remediate the crop to achieve compliance with the regulations governing the production of industrial hemp. A corrective action plan may be issued by the Department, or if submitted by the grower, must be approved by the Department. A corrective action plan will only be approved if the total delta-9 THC concentration is greater than 0.3% and less than 1.0%. Failure to dispose of the crop or comply with approved corrective action plan may result in a notice of violation under R3-4-1012 . Upon receiving a notification of noncompliance from the Department, the licensed grower shall not move or transport the non-compliant crop from the hemp site, unless otherwise permitted by the Department to remediate the crop. Non-compliant crops shall not be comingled with any other compliant or non-compliant harvest lot. Harvest lots with a total delta-9 THC concentration greater than 1.0% constitutes a violation and must be disposed of by method indicated in section R3-4-1013(F).

E. Volunteer hemp plants. It shall be the responsibility of the licensee to monitor and destroy volunteer hemp plants.

History

• Adopted by exempt rulemaking at 25 A.A.R. 1447, effective 5/31/2019. Amended by final rulemaking at 27 A.A.R. 1570, effective 9/16/2021.

Ariz. Admin. Code § R3-4-1009 Reserved

History

• Section reserved at 25 A.A.R. 1447 (Supp. 19-2).

Ariz. Admin. Code § R3-4-1010 Reserved

History

• Section reserved at 25 A.A.R. 1447 (Supp. 19-2).

Ariz. Admin. Code § R3-4-1011 Notifications; Reports

A. All notifications and reports for licensees shall be made on forms provided by the Department unless otherwise indicated in this section or as directed by the Associate Director.

B. Grower Licensees shall notify the Department of the following activity:

1. Notice of intent to harvest no less than 14 days prior to harvest;

2. Intent to transport a harvested crop no less than 72 hours prior to shipment or transport;

3. Notify the Department of any significant damage or destruction of a crop or harvested crop caused by natural or manmade causes within 48 hours of discovery of the damage or destruction.

4. Notify the Department within 14 days if any change in business information including business name, address, contact information or responsible party.

C. Planting report. Within 7 days after planting, complete and submit a planting report that includes:

1. The Growers license number;

2. The location(s) where a crop was planted (the "site"), expressed in GPS Coordinates and displayed on a map or aerial photo;

3. The variety name(s) of each planting corresponding to the location indicated in subsection (C)(2); and

4. The actual area planted of each site.

B. Planting Report. Within five business days after planting a harvest lot of hemp, a grower must complete and submit a planting report that includes, at a minimum the following:

1. The contact information of the licensee, including license number;

2. A unique harvest lot identification number assigned by the grower or nursery

3. The geospatial location information where a harvest lot was planted (the "site");

4. The variety name of the harvest lot;

5. The actual area planted with each lot; and

6. The estimated date of harvest or transplanting.

C. Grower Notice of Intent to Harvest. Within 30 calendar days prior to harvest, a grower must complete and submit a Notice of Intent to Harvest form for each harvest lot to be sampled that includes, at a minimum the following:

1. The contact information of the grower, including license number;

2. The unique harvest lot identification number assigned by the grower as initially indicated on the planting report;

3. The geospatial location or locations information of the harvest lot to be sampled (the "site");

4. The variety name of the harvest lot;

5. The size of the area to be harvested; and

6. The intended date of harvest.

D. Notice of Intent to Transport. Within three business days prior to transporting a lot of harvested hemp for processing, a grower must complete and submit a Notice of Intent to Transport form for each harvest lot transported to a processor that includes, at a minimum the following:

1. The contact information of the grower, including license number;

2. The unique harvest lot identification number assigned by the grower as initially indicated on the planting report;

3. The geospatial location or locations information of the harvest lot to be transported;

4. The variety name of the harvest lot;

5. The amount of harvested hemp to be transported;

6. The intended date of transport; and

The contact information of the receiver.

E. Notice of Destruction. Within three calendar days after a grower has found a harvest lot significantly damaged, completely destroyed, or has disposed of a harvest lot, a grower must complete and submit a Notice of Destruction form that includes, at a minimum the following:

1. The contact information of the grower, including license number;

2. The unique harvest lot identification number assigned by the grower as initially indicated on the planting report;

3. The geospatial location or locations information of the harvest lot subject to damage, destruction, or disposal (the "site");

4. The variety name of the harvest lot;

The size of the area that was subject to damage, destruction, or disposal; and

6. The date the damage or destruction was discovered, or date of disposal.

D.F. Grower and nursery annual reports. By December 31 of each year, a grower or nursery shall provide the Department a report of the following:

1. The sale or distribution of any industrial hemp grown under the grower's license;

2. The name and address of the person or entity receiving the industrial hemp; and

3. The amount of the industrial hemp sold or distributed.

E. G. Processor notifications. All shipments of industrial hemp received into a processing facility must be reported to the Department.

1. For the importation of hemp material for processing, a licensed processor shall notify the department of the shipment, within three business days of receipt of the shipment. The notification shall include the following information:

1. a. A copy of the shipping manifest that indicates the name, physical address, and phone number of the shipper, and the total weight of the hemp commodity in the shipment;

2. b. A copy of the documentation issued by a regulatory official that attests the hemp commodity was produced with an acceptable concentration of total delta-9 THC;

3. c. A copy of the industrial hemp grower's certificate, license or equivalent documentation authorizing the production of industrial hemp in that state; and

4. d. A phytosanitary certificate, if required, a certificate of inspection, or certificate of origin issued by a plant regulatory official.

5. Documentation issued at origin that attests to the owner, origin, type and amount of hemp material in the shipment.

2. For the invoicing of processor assessment fees listed in Table 1, a notification shall be filed with the Department within 30 calendar days of receipt of the shipment or shipments that contain the following information:

a. The grower's license number;

b. The harvest lot number issued by the Department or an authorizing state;

c. The amount of material in the shipment; and

d. The date the shipment was received.

H. Other notifications. A licensee shall notify the Department within three business days from receipt of results of any third party analysis that determined a hemp crop or plant sample contained a total delta-9 THC concentration greater than 1.0%.

History

• Adopted by exempt rulemaking at 25 A.A.R. 1447, effective 5/31/2019. Amended by final rulemaking at 27 A.A.R. 1570, effective 9/16/2021.

Ariz. Admin. Code § R3-4-1012 Unauthorized Activity; Violations

A. A licensee commits a violation of this Article by:

1. Failing to provide a legal description of land on which a licensee grows, processes, stores or researches industrial hemp or hemp seed;

Failing to obtain the proper license with the Department;

3. Producing or distributing Cannabis sativa, with a total delta-9 THC concentration greater than 1.0% on a dry weight basis, unless otherwise permitted by state or federal law, rule or order;

4. Violating a term or condition of the signed licensing agreement or corrective action plan; or

5. Violating any law, rule, or order in the regulation of industrial hemp.

B. False Statement. Any person who materially falsifies any information contained in an application to participate in the program established under this Article shall be ineligible to participate in the program.

C. No unauthorized person shall:

1. Grow, cultivate, handle, store, harvest, transport, import or process industrial hemp

2. Trespass on a property registered as an industrial hemp site;

3. Disturb, damage or destroy an industrial hemp plant or crop on a registered location; or

4. Tamper, damage or destroy posted signage as required under R3-4-1007(B).

D. No authorized program licensee shall:

1. Offer for sale, trade, transfer possession of, gift, or otherwise relinquish possession of industrial hemp plants, plant parts, or hemp seed that is capable of germination to an unauthorized person;

2. Destroy an industrial hemp crop, stored industrial hemp or hemp seed without prior notification to the Department; or

3. Transport industrial hemp plants, seed, propagative material or unprocessed harvested industrial hemp without notifying the Department; or

4. 3. Import or export industrial hemp plants or plant parts for processing, or seed or propagative material for planting purposes, without notifying the Department and complying with all import or export regulatory requirements.

E. Intentional, Knowing, or Negligent Violations. Any violation of state or federal law rule or order that is determined to be committed intentionally or knowingly ("culpable mental state greater than negligence") shall be reported to the State Attorney General, the U.S. Attorney General and any relevant state and local law enforcement agencies. Negligent violations are not subject to federal, state, tribal, or local government criminal enforcement action.

History

• Adopted by exempt rulemaking at 25 A.A.R. 1447, effective 5/31/2019. Amended by final rulemaking at 27 A.A.R. 1570, effective 9/16/2021.

Ariz. Admin. Code § R3-4-1013 Corrective Actions

A. In addition to being subject to possible license suspension, license revocation, and monetary civil penalty procedures under R3-4-1014, a person who is found by the Department to have violated any law, rule or Director's Order governing that person's participation in the program may be subject to a corrective action plan.

B. The Associate Director may request that the licensee submit a corrective action plan, or may impose a written and dated corrective action plan for a negligent violation or non-compliance of any law, rule or Director's Order governing a person's participation in the hemp program.

C. Corrective action plans shall include, at a minimum, the following information:

1. The requirements a person must fulfill to correct a violation or non-compliance of this Article as indicated in R3-4-1013(D);

2. A reasonable date by which the person shall complete violation or non-compliance corrections; and

3. For violations pursued under A.R.S. § 3-319, a requirement for periodic reports from the violator to the department about the violator's compliance with the corrective action plan, laws, rules or Director's Orders for a period of not less than two years from the date of the violation.

D. Corrective Action Plan.

1. Hemp crops or harvested hemp shall not be removed from the licensee's registered hemp site if found non-compliant by having a total delta-9 THC concentration of greater than 0.300%, but less than 1.0% on a dry weight basis, unless granted authorization by the Associate Director to complete the measures in an approved corrective action plan.

2. In addition to one or more of the components listed in A.R.S. § 3-317, the Department may prescribe one or more of the following actions as part of a corrective action plan:

a. Stripping stalks and disposal of floral material;

b. Sterilization of seed and disposal of floral material;

c. THC remediation of leaf and floral material as prescribed by the Associate Director;

d. Blending and milling of the entire plant/crop to a homogenized state, then resampled for compliance;

d. e. Education and training; and

e. f. Other corrective measures prescribed by the Associate Director

3. Failure to complete the prescribed corrective measure within the timeframe indicated in the corrective action plan or to complete any component of a corrective action plan shall constitute a second violation of this Article.

4. The cost of implementing a corrective action plan is the burden of the licensee.

E. Repeat negligent violations. A person that violates this Article, the laws governing the production of industrial hemp, or any order issued by the Associate Director three times in a five-year period shall be ineligible for an industrial hemp license for a period of five years beginning on the date of the third violation. All negligent violations within one year counts as one negligent violation.

F. Methods of disposal. Disposal of any industrial hemp crop or plant, whether such disposal is pursuant to voluntarily action by the licensee or pursuant to a Department order of disposal, shall be accomplished by one or more of the following methods:

1. Plowing under;

2. Mulching or composting;

3. Disking;

4. Bush Mower or chopper;

5. Deep burial; and

6. Burning or incinerating

History

• Adopted by exempt rulemaking at 25 A.A.R. 1447, effective 5/31/2019. Amended by final rulemaking at 27 A.A.R. 1570, effective 9/16/2021.

Ariz. Admin. Code § R3-4-1014 Penalties

A. Civil penalties. Civil penalties shall be imposed under A.R.S. § 3-319.

1. First offense - $1,000

2. Second offense - $2,500

3. Third offense - $5000

B. License suspension. A person that violates this Article, a licensing requirement, a licensing term or condition, or any other rule or order of the Department may have their licensing privileges suspended until completion of any corrective actions prescribed in R3-4-1013.

C. License revocation. A person that intentionally violates this Article, a licensing requirement, a licensing term or condition, or any other rule or order of the Department, or who commits a third negligent offense within a five year period may be subject to one or more of the following penalties:

1. Revocation of all licenses issued under this Article;

2. Seizure and destruction of all hemp crops, seed, and harvested industrial hemp of the licensee, at the cost of the licensee; and

3. The person found in violation shall be responsible for the cost of the destruction of all hemp crops, seed, and harvested material; and

4. 3. Ineligibility for a license under this Article for a period not less than five years.

D. Intentional or knowing violations committed by unlicensed individuals shall be punished according to A.R.S. §§ 3-319 and 13-3405 or 13-3405.

History

• Adopted by exempt rulemaking at 25 A.A.R. 1447, effective 5/31/2019. Amended by final rulemaking at 27 A.A.R. 1570, effective 9/16/2021.

Chapter 5 DEPARTMENT OF AGRICULTURE - STATE AGRICULTURAL LABORATORY

Article 1 SAMPLING AND LABORATORY CERTIFICATION

Ariz. Admin. Code § R3-5-101 Definitions

In addition to the definitions in A.R.S. §§ 3-101 and 3-141, the following terms apply to this Chapter:

"Accuracy" means the closeness of an observation to the true value.

"Embossing Seal" means a seal approved by the SAL.

"Person" means an individual, partnership, corporation, or other legal entity that establishes, conducts, or maintains a laboratory as prescribed in A.R.S. § 3-145(A).

"Precision" means the agreement of repeated observations made under the same conditions.

"Proficiency Testing Program" or "PTP" means a check sample testing program.

"Quality assurance" means an integrated system of management activities involving planning, implementation, assessment, reporting, and quality improvement to ensure that a process, item, or service is of definable quality.

"SAL" means Arizona Department of Agriculture State Agricultural Laboratory.

"Testing" means a process employed to achieve a result for an agricultural service performed by a certified laboratory.

History

• Adopted effective July 25, 1985 (Supp. 85-4). Former Section R3-1-201 renumbered without change as Section R3-5-101 (Supp. 89-1). Section R3-5-101 renumbered from R3-1-701 (Supp. 91-4). Amended by final rulemaking at 5 A.A.R. 573, effective February 4, 1999 (Supp. 99-1). Amended by final rulemaking at 10 A.A.R. 3959, effective November 13, 2004 (Supp. 04-3).

Ariz. Admin. Code § R3-5-102 Certification; Renewal; Termination

A. Initial laboratory certification. A person who is seeking initial laboratory certification to provide an agricultural laboratory service, as prescribed in A.R.S. § 3-145, shall:

1. Provide the following information on an application form obtained from the Department:

a. Name, business and mailing address, telephone and fax numbers, and e-mail address of the laboratory;

b. Name, address, telephone number, e-mail address, and signature of the owner; and

c. Name, address, telephone number, e-mail address, and signature of the laboratory manager;

2. Provide a description of all programs, services, and functions performed at the laboratory;

3. On the application form, list the service that the certified laboratory will perform by commodity or sample-type, detailing the test procedure used, including specific references to any publication where the test procedure is described;

4. Provide a current employee organization chart that includes employee name, title, and laboratory responsibility; and

5. Include the fee prescribed in R3-5-104 with the application.

B. A person shall provide written notification to the Assistant Director of any change to the information provided under subsection (A)(1) within 30 days after the change.

C. New service. If a person is seeking laboratory certification for a service not currently performed by the SAL, the application will be considered as a new service laboratory certification. If the necessary expertise for review does not exist within the SAL, the Director shall establish a committee as prescribed in A.R.S. § 3-106 to advise the Department of the proper procedures for laboratory certification in that area.

D. Certification renewal.

1. A person shall file a renewal application obtained from the Department at least 30 days before the expiration date of the current certification and provide the information required in subsection (A)(1).

2. An application received less than 30 days before the expiration date is untimely and the person shall reapply for an initial laboratory certification.

3. If an application is received more than 60 days before the expiration date of the current certification, the Department shall return the application to the person for resubmission.

4. The current certification remains valid until a determination is made on the renewal application.

5. A person shall pay the fee prescribed in R3-5-104 with the renewal application.

E. Certification termination. A person may terminate a laboratory certification by notifying the Assistant Director in writing within 30 days before the effective date of the termination.

History

• Adopted effective July 25, 1985 (Supp. 85-4). Former Section R3-1-202 renumbered without change as Section R3-5-102 (Supp. 89-1). Section R3-5-102 renumbered from R3-1-702 (Supp. 91-4). Amended by final rulemaking at 5 A.A.R. 573, effective February 4, 1999 (Supp. 99-1). Amended by final rulemaking at 10 A.A.R. 3959, effective November 13, 2004 (Supp. 04-3).

Ariz. Admin. Code § R3-5-103 Agricultural Laboratory Services

A. A person may apply for a laboratory certification to perform any of the services listed in A.R.S. § 3-141(1) or any of the following agricultural laboratory services:

1. Determination of specific element and ion content of water for irrigation or livestock purposes;

2. Determination of specific element and ion content of plant tissue for the evaluation of plant nutrients;

3. Determination of specific element and ion content of soil for the evaluation of soil fertility and for element and ion content that may cause plant growth limitations;

4. Determination of the content of processed meat or a meat food product including the percentage of a meat or nonmeat ingredient;

Verification of an analysis for the accuracy of the label guarantee of a feed, fertilizer, animal manure, plant growth stimulant, soil amendment, soil conditioner, or pesticide;

Verification of planting seed germination percentages, purity analysis, or another named seed or plant propagative material testing procedure;

7. Identification of insects, plant pathogens, animal pathogens, nematodes, noxious weeds, noxious weed seeds, or animal parasites;

8. Testing of milk or milk product for quality and market standards;

9. Determination of mycotoxin, antibiotic, or drug residue in plant or animal tissue;

10. Determination of mycotoxin, antibiotic, or drug residue in a plant or animal product, animal feed, or feed ingredient;

11. Determination of a specific pesticide, or hazardous or toxic element in plant or animal tissue;

12. Determination of a specific pesticide or hazardous or toxic element in water used in livestock production, irrigation water, air, soil, agricultural product, or animal feed; or

13. Collection of samples.

B. A person may seek laboratory certification for an agricultural laboratory service not listed in subsection (A) by complying with R3-5-102(A).

History

• Adopted effective July 25, 1985 (Supp. 85-4). Former Section R3-1-203 renumbered without change as Section R3-5-103 (Supp. 89-1). Section R3-5-103 renumbered from R3-1-703 (Supp. 91-4). Amended by final rulemaking at 5 A.A.R. 573, effective February 4, 1999 (Supp. 99-1). Amended by final rulemaking at 10 A.A.R. 3959, effective November 13, 2004 (Supp. 04-3).

Ariz. Admin. Code § R3-5-104 Fees

A. A person shall pay the following fee to the Department before the SAL will review the application for laboratory certification to perform an agricultural laboratory service:

1. Initial fee, $200 per certification; or

2. Renewal fee, $100 per certification.

B. Except as provided in A.R.S. § 41-1077, the applicable fee is nonrefundable.

History

• Adopted effective July 25, 1985 (Supp. 85-4). Former Section R3-1-204 renumbered without change as Section R3-5-104 (Supp. 89-1). Section R3-5-104 renumbered from R3-1-704 (Supp. 91-4). Amended by final rulemaking at 5 A.A.R. 573, effective February 4, 1999 (Supp. 99-1). Amended by final rulemaking at 10 A.A.R. 3959, effective November 13, 2004 (Supp. 04-3).

Ariz. Admin. Code § R3-5-105 Laboratory Requirements

A. A person who has obtained laboratory certification under this Article shall maintain a master file for each certification. The person shall update the master file within 30 days of any change. The master file shall contain:

1. The most current letter of certification, stating the period of validity;

A quality assurance manual as described in subsection (B);

3. An organizational chart that indicates:

a. Each personnel position with responsibility for the agricultural laboratory service; and

b. The reporting relationship of each position identified in subsection (A)(3)(a), including every administrative, operational, and quality control relationship;

4. The name and resume of the individual assigned to each position identified in subsection (A)(3)(a);

5. Documentation of training for each staff member who performs all or part of the agricultural laboratory service;

6. Documentation of the laboratory's competence and experience in the applicable test procedure for the agricultural laboratory service;

Reports of each sample result for the last three years and all data generated during the testing. After three years, these records shall be maintained as prescribed in subsection (D). With the approval of the Assistant Director, a person may maintain records in electronic format;

8. Laboratory equipment lists, including:

a. Type and manufacturer;

b. Serial and model number;

c. Date of the last calibration, if applicable; and

d. Maintenance records;

9. Receiving and shipping records of all samples and supplies relating to the certification;

10. Quality control documentation;

11. Documentation of reference material, standards, and biological specimens as prescribed in subsection (B)(5); and

12. All correspondence relating to the certification and operation of the program.

B. A person who has obtained laboratory certification shall maintain a quality assurance manual. The person shall update the manual within 30 days of any change, except that any change to a testing procedure requires pre-approval from the Assistant Director based on a request made at least 30 days before the proposed implementation date. The manual shall contain:

1. A description of laboratory management and the responsibilities of personnel related to the certification that includes:

a. The legal name, address, and telephone number of the main office or parent company;

b. The name, location of the laboratory, and telephone number, if different from subsection (B)(1)(a);

c. The education, skill, and experience required of an individual in a position included in the organizational chart prescribed in subsection (A)(3); and

d. A description of the method used to train each person in a position included in the organizational chart prescribed in subsection (A)(3);

Procedures for receiving and handling samples, including:

a. Transporting samples to the laboratory in a manner that protects the integrity of the sample;

b. Performing a visual examination upon receipt for evidence of shipping damage;

c. Recording date and time of sample receipt, carrier name, and method of shipment;

d. Recording sample weight, temperature, or other physical parameters, as applicable;

e. Completing chain of custody documentation for receipt, as applicable;

f. Identifying a sample with a unique identification number;

g. Storing a sample before and after testing; and

h. Disposing of samples after completion of testing, including holding time;

3. Procedures for purchasing, receiving and storing reagents and laboratory consumable materials that affect the quality of tests;

4. A written standard operating procedure for each test as prescribed in R3-5-106 . A standard operating procedure for a test shall contain, as applicable:

a. An identification of the standard operating procedure, including the title, revision number, effective date, and authorizing signature;

b. The purpose of the procedure, including a description of the expected outcome;

c. The scope of the procedure, including a description of the type of samples and test parameters for which the procedure is applicable;

d. A list of reagents, apparatus, and equipment used, including technical performance requirements;

e. A list of necessary reference standards or reference materials;

f. A description of acceptable environmental conditions;

g. A sequential listing, in detail, of the steps and operations of the procedure;

h. An identification of any hazardous situation or operation;

i. A list of safety measures specific to the test procedure;

j. A list of precautions designed to prevent damage or contamination to a sample or testing equipment;

k. Any quality control measures that will be used to determine acceptability of a test result, including acceptance criteria;

l. A list of data to be recorded and the method for reporting the test result; and

m. The procedure's uncertainty or the method to be used for reporting uncertainty;

5. Procedures for documenting applicable reference material, standards, and biological specimens that provide:

a. Traceability of each chemical standard of measurement to a primary standard;

b. Verified and traceable biological specimens; and

c. Origin and traceability of reference material;

6. A description of an equipment maintenance program that includes:

a. Each manufacturer's recommendations for the set-up and normal operation of each piece of equipment;

b. A separate maintenance schedule for each piece of equipment, and a procedure for recording the date maintenance is performed and the date of any damage, malfunction, modification, or repair of the equipment; and

c. Quality control procedures for determining equipment performance; and

7. Procedures for quality control activity, including:

a. Monitoring temperature-controlled spaces;

b. Certifying that each thermometer, analytical balance, and biological hood meets federal or nationally-recognized standards, as applicable;

c. Calibrating glassware and volumetric equipment, as applicable; and

d. Validating the quality of reagents and laboratory consumable material, as applicable.

C. A person who has obtained laboratory certification shall ensure the accurate calibration of testing equipment.

D. A person who has obtained laboratory certification shall maintain records required under this Article for five years, except pesticide residue sample results and data, which shall be maintained for seven years;

E. A person who has obtained laboratory certification shall maintain a facility and conduct operations in compliance with the standards established by the Occupational Safety and Health Administration and any other applicable federal, state, or local building, sanitary, safety, electrical, and fire code for the area in which the laboratory is located.

F. A person who has obtained laboratory certification shall dispose of hazardous waste cataloged in the Identification and Listing of Hazardous Waste, 40 CFR 261, July 1, 2003 edition, as prescribed in the Standards Applicable to Generators of Hazardous Waste, 40 CFR 262, July 1, 2003 edition. This material is incorporated by reference, does not include any later amendments or editions, and is on file with the Department.

History

• Adopted effective July 25, 1985 (Supp. 85-4). Former Section R3-1-205 renumbered without change as Section R3-5-105 (Supp. 89-1). Section R3-5-105 renumbered from R3-1-705 (Supp. 91-4). Section repealed, new Section adopted by final rulemaking at 5 A.A.R. 573, effective February 4, 1999 (Supp. 99-1). Amended by final rulemaking at 10 A.A.R. 3959, effective November 13, 2004 (Supp. 04-3).

Ariz. Admin. Code § R3-5-106 Testing Procedures

A person complying with this Article shall:

1. Use testing procedures that are referenced in professional journals or manuals and obtain the Assistant Director's approval of the procedures, or

Use testing procedures established by the SAL.

History

• Adopted effective July 25, 1985 (Supp. 85-4). Former Section R3-1-206 renumbered without change as Section R3-5-106 (Supp. 89-1). Section R3-5-106 renumbered from R3-1-706 (Supp. 91-4). Amended by final rulemaking at 5 A.A.R. 573, effective February 4, 1999 (Supp. 99-1). Amended by final rulemaking at 10 A.A.R. 3959, effective November 13, 2004 (Supp. 04-3).

Ariz. Admin. Code § R3-5-107 Proficiency Testing Program

A. A person applying for laboratory certification shall participate in a PTP to demonstrate the ability of the laboratory to provide the agricultural laboratory service.

B. A person participating in an outside PTP shall provide the Assistant Director with its identification number and a copy of the results. The person shall pay the cost of the PTP.

C. The Department shall evaluate each laboratory based on comparative results obtained for each PTP sample. If the Department discovers a deficiency, the person applying for laboratory certification shall submit a corrective action plan to the Assistant Director.

History

• Adopted effective July 25, 1985 (Supp. 85-4). Former Section R3-1-207 renumbered without change as Section R3-5-107 (Supp. 89-1). Section R3-5-107 renumbered from R3-1-707 (Supp. 91-4). Amended by final rulemaking at 5 A.A.R. 573, effective February 4, 1999 (Supp. 99-1). Amended by final rulemaking at 10 A.A.R. 3959, effective November 13, 2004 (Supp. 04-3).

Ariz. Admin. Code § R3-5-108 [REPEALED]

History

• Adopted effective July 25, 1985 (Supp. 85-4). Former Section R3-1-208 renumbered without change as Section R3-5-108 (Supp. 89-1). Section R3-5-108 renumbered from R3-1-708 (Supp. 91-4). Section repealed by final rulemaking at 5 A.A.R. 573, effective February 4, 1999 (Supp. 99-1).

Ariz. Admin. Code § R3-5-109 [REPEALED]

History

• Adopted effective July 25, 1985 (Supp. 85-4). Former Section R3-1-209 renumbered without change as Section R3-5-109 (Supp. 89-1). Section R3-5-109 renumbered from R3-1-709 (Supp. 91-4). Section repealed by final rulemaking at 5 A.A.R. 573, effective February 4, 1999 (Supp. 99-1).

Ariz. Admin. Code § R3-5-110 Referee Laboratory

If the testing results from two certified laboratories differ or certified laboratory results are challenged by a person or state agency that is contracting for agricultural laboratory services, the Director may designate a laboratory to serve as a referee and assist in making a final determination. If the test results are challenged, the party who loses the dispute shall pay all costs incurred by the referee laboratory.

History

• Adopted effective July 25, 1985 (Supp. 85-4). Former Section R3-1-210 renumbered without change as Section R3-5-110 (Supp. 89-1). Section R3-5-110 renumbered from R3-1-710 (Supp. 91-4). Amended by final rulemaking at 5 A.A.R. 573, effective February 4, 1999 (Supp. 99-1). Amended by final rulemaking at 10 A.A.R. 3959, effective November 13, 2004 (Supp. 04-3).

Ariz. Admin. Code § R3-5-111 Certification Expiration; Laboratory Relocation

A laboratory certification is valid for the physical location approved by the SAL in response to the initial or renewal application. If a laboratory relocates after initial certification or renewal of certification, the existing 12-month certification expires on the date of the move. A person seeking laboratory certification for the new location shall file an initial certification application to become certified at the new physical location and the Department shall perform an on-site review.

History

• New Section made by final rulemaking at 10 A.A.R. 3959, effective November 13, 2004 (Supp. 04-3).

Ariz. Admin. Code § R3-5-112 Licensing Time-frames

A. Overall time-frame. The Department shall issue or deny a laboratory certification within the overall time-frames listed in Table 1 after receipt of an application. The overall time-frame is the total of the number of days provided for the administrative completeness review and the substantive review.

B. Administrative completeness review.

1. The applicable administrative completeness review time-frame established in Table 1 begins on the date the Department receives an application. The Department shall notify the applicant in writing within the administrative completeness review time-frame whether the application is incomplete. The notice shall specify the information that is missing. If the Department does not provide notice to the applicant within the administrative completeness review time-frame, the application is complete.

2. An applicant with an incomplete certification application shall supply the missing information within the completion request period established in Table 1. The administrative completeness review time-frame is suspended from the date that the Department mails the notice of missing information to the applicant until the date that the Department receives the information.

3. If the applicant fails to submit the missing information before expiration of the completion request period, the Department shall close the file, unless the applicant requests an extension. An applicant whose file has been closed may obtain laboratory certification by submitting a new application.

4. If an applicant requests laboratory certification of a new service, the Department shall add 90 days to the administrative completeness review time-frame to provide time for establishing a protocol for granting certification.

C. Substantive review. The substantive review time-frame established in Table 1 begins on the date that the application is administratively complete.

1. On-site survey.

a. Within 30 days after receipt of a complete application, the SAL shall schedule an on-site survey of an applicant's laboratory facilities.

b. The Assistant Director may waive the on-site survey for a renewal applicant if the renewal applicant is in compliance with the other provisions of this Article.

2. If the Department makes a comprehensive written request for additional information, the applicant shall submit the additional information identified by the request within the additional information period provided in Table 1. The substantive review time-frame is suspended from the date that the Department mails the request until the information is received by the Department. If the applicant fails to provide the information identified in the written request within the additional information period, the Department shall deny the certification.

3. If laboratory certification is denied, the Department shall send the applicant written notice explaining:

a. The reason for the denial with citations to supporting statutes or rules;

b. The applicant's right to appeal the denial;

c. The period for appealing the denial; and

d. The name and telephone number of a Department contact person who can answer questions regarding the appeals process.

History

• New Section made by final rulemaking at 10 A.A.R. 3959, effective November 13, 2004 (Supp. 04-3).

Chapter 6 DEPARTMENT OF AGRICULTURE - OFFICE OF COMMODITY DEVELOPMENT AND PROMOTION

Article 1 MARKETING

Ariz. Admin. Code § R3-6-101 Certificate of Free Sale

A. Any person manufacturing or distributing a consumable product in Arizona and who wants to sell it domestically or abroad, may apply to the Department for a Certificate of Free Sale. If an applicant is a subsidiary of a corporation, the application will be accepted only from the parent company. The application shall contain:

1. The name, address, telephone, and facsimile number of the company;

2. The name of the contact person;

3. A list of the consumable products manufactured, distributed, or sold in Arizona;

4. The printed name, signature, and social security number of the responsible party;

5. The country of export, if applicable;

6. The fee prescribed in subsection (B);

7. Copies of 3 different invoices or bills-of-lading from the 3 months preceding the application; and

8. The purchaser's telephone number cited on each invoice or bill-of-lading.

B. Fees.

Certificate of Free Sale: $25 for each 100 products, plus the cost of postage;

2. Duplicate certificates, if requested within 3 months of the original certificate issue: $1 per page, plus the cost of postage.

History

• New Section adopted by final rulemaking at 6 A.A.R. 45, effective December 8, 1999 (Supp. 99-4).

Ariz. Admin. Code § R3-6-102 Phytosanitary Certification

A. During fiscal year 2024, a person who applies to the Department for phytosanitary certification shall pay the following fee:

1. For state certification, $50 for the first lot plus $10 for each additional lot per Department site trip.

2. For federal certification, $50 plus the federal administrative user fee set out in 7 CFR 354.3(g)(3)(i), revised January 1, 2016, which is incorporated by reference and does not include any later amendments or editions. A copy of the incorporated material is available for inspection at the Department, 1110 W. Washington St., Suite 450, Phoenix, Arizona 85007 or may also be viewed at http://www.gpo.gov/fdsys/.

B. This Section does not apply to phytosanitary certification under A.A.C. R3-4-301.

History

• New Section made by exempt rulemaking at 16 A.A.R. 1339, effective June 29, 2010 (Supp. 10-2). Amended by exempt rulemaking at 17 A.A.R. 1765, effective July 20, 2011 (Supp. 11-3). Amended by exempt rulemaking at 18 A.A.R. 2066, effective August 2, 2012 (Supp. 12-3). Amended by exempt rulemaking at 19 A.A.R. 3146, effective September 14, 2013. Amended by exempt rulemaking at 20 A.A.R. 2457, effective 7/24/2014. Amended by exempt rulemaking at 21 A.A.R. 2412, effective 7/3/2015. Amended by final exempt rulemaking at 23 A.A.R. 1943, effective 8/9/2017. Amended by final exempt rulemaking at 24 A.A.R. 2226, effective 8/3/2018. Amended by final exempt rulemaking at 25 A.A.R. 2088, effective 8/27/2019. Amended by final exempt rulemaking at 26 A.A.R. 1475, effective 8/25/2020. Amended by final exempt rulemaking at 27 A.A.R. 1269, effective 9/29/2021. Amended by final exempt rulemaking at 28 A.A.R. 2022, effective 9/24/2022. Amended by exempt rulemaking at 29 A.A.R. 3488, effective 10/30/2023. Amended by emergency rulemaking at 30 A.A.R. 2983, effective 9/14/2024, exp. 3/13/2025 (Emergency).

Article 2 JOINT-VENTURES

Ariz. Admin. Code § R3-6-201 Expired

History

• New Section adopted by final rulemaking at 6 A.A.R. 1573, effective April 5, 2000 (Supp. 00-2). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (05-1).

Ariz. Admin. Code § R3-6-202 Expired

History

• New Section adopted by final rulemaking at 6 A.A.R. 1573, effective April 5, 2000 (Supp. 00-2). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (05-1).

Ariz. Admin. Code § R3-6-203 Expired

History

• New Section adopted by final rulemaking at 6 A.A.R. 1573, effective April 5, 2000 (Supp. 00-2). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (05-1).

Ariz. Admin. Code § R3-6-204 Expired

History

• New Section adopted by final rulemaking at 6 A.A.R. 1573, effective April 5, 2000 (Supp. 00-2). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (05-1).

Chapter 7 DEPARTMENT OF AGRICULTURE - WEIGHTS AND MEASURES SERVICES DIVISION

Article 1 ADMINISTRATION AND PROCEDURES

Ariz. Admin. Code § R3-7-101 Definitions

The definitions in A.R.S. §§ 3-3401, 3-3414, 3-3436, and 3-3511 and the following definitions apply to this Chapter:

"ADEQ" means the Arizona Department of Environmental Quality.

2. "Administrative order" means a notice that the Division issues for a violation of A.R.S. Title 3, Chapter 19, or this Chapter, that orders a person to take corrective action, and may include hold or removal orders, and Warning, Out-of-Service, and Stop-Sale, Stop-Use tags.

a. Remove from use or sale, or dispose of, a commercial device, commodity, or liquid fuel;

b. Stop selling a commodity or liquid fuel until the person provides documentation to the Division that the weight, measure,

fuel quality, or price posting complies with the requirements of A.R.S. Title 3, Chapter 19, and this Chapter;

c. Stop using a commercial device, commodity, liquid fuel, vapor recovery system, or vapor recovery system component, until the person provides documentation to the Division that the weight, measure, fuel, vapor recovery system, or component complies with the requirements of A.R.S. Title 3, Chapter 19, and this Chapter;

d. Stop performing weighmaster, deputy public weighmaster, registered service agency, or registered service representative licensed duties until the person provides documentation to the Division that the person is complying with the requirements of A.R.S. Title 3, Chapter 19, and this Chapter;

e. Comply with labeling, policies, and cash register indicator displays according to A.R.S. Title 3, Chapter 19, and this Chapter;

f. Stop constructing or modifying a vapor recovery system until the person complies with A.R.S. Title 3, Chapter 19, and this Chapter;

g. Excavate a vapor recovery site according to R3-7-104(L) ; or

h. Comply with scheduling a test according to R3-7-104(L) .

3. "Application" means, for purposes of R3-7-108, forms and all documents and additional information the Division requires an applicant to submit when applying for a license.

4. "ASTM" means ASTM International.

5. "Area A" has the same meaning as in A.R.S. § 49-541.

6. "Area B" has the same meaning as in A.R.S. § 49-541.

7. "Area C" has the same meaning as in A.R.S. § 3-3401.

8. "Authority to Construct" means written pre-approval by the Division to allow construction of vapor recovery systems.

7. 9. "CARB" means the California Air Resources Board.

8. 10. "CARB-certified" means, with respect to a vapor recovery system or component, that the system or component has been certified in a CARB Executive Order.

9. "Certified prover" means a calibrated device, traceable to the National Institute of Standards and Technology, used for measuring liquid volume.

10. "Completion of construction" means the point when a gasoline dispensing site is placed into or returned into service following installation or modification of an approved vapor recovery system.

11. "Construction commenced" means the point in time when construction of a gasoline dispensing site begins:

a. At a location where there was not one previously;

b. To replace all gasoline storage tanks; or

c. To replace, repair, or modify at least 75% of the facility's gasoline dispensing equipment.

11. "Day" means a calendar day unless otherwise specified.

"EPA" means the United States Environmental Protection Agency.

13. "Field calibration standard" has the same meaning as "secondary standards" in A.R.S. § 3-3401(38), and includes all test equipment such as weights, weight sets, measures, meters, counters, or other devices that are required for use by registered service agencies and representatives to certify the accuracy of commercial devices, and are required to be approved annually by the state metrology laboratory under A.R.S. § 3-3416.

13. 14. "Gasoline vapors" means volatile organic compounds in a gaseous state.

14. 15. "Handbook 44" means the United States Department of Commerce, Office of Weights and Measures, NIST Handbook 44, Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices , Government Publishing Office, P.O. Box 979050, St. Louis, MO 63197-9000 or bookstore.gpo.gov (2022 edition), incorporated by reference and on file with the Division. This incorporation by reference contains no future editions or amendments.

15. 16. "Handbook 130" means the United States Department of Commerce, Office of Weights and Measures, NIST Handbook 130, Uniform Laws and Regulations , Government Publishing Office, P.O. Box 979050, St. Louis, MO 63197-9000 or bookstore.gpo.gov (2022 edition), incorporated by reference and on file with the Division. This incorporation by reference contains no future editions or amendments.

16. 17. "Handbook 133" means the United States Department of Commerce, Office of Weights and Measures, NIST Handbook 133, Checking The Net Contents of Packaged Goods , Government Publishing Office, P.O. Box 979050, St. Louis, MO 63197-9000 or bookstore.gpo.gov (2020 edition), incorporated by reference and on file with the Division. This incorporation by reference contains no future editions or amendments.

17. "Malfunction" means any failure of gasoline vapor recovery equipment to operate in the normal and usual manner.

18. "Modification" means adding to, replacing, or upgrading a site's stage II vapor recovery system, but does not include the repair or replacement of like parts.

19. 18. "Monthly throughput" means the total amount of gasoline transferred into or dispensed from a gasoline dispensing site during one calendar month.

20. "Motor vehicle" means any vehicle equipped with a spark-ignited internal combustion engine, except vehicles that run on or are guided by rails, and vehicles that are designed primarily for travel through air or water.

21. 19. "NCWM" means the National Conference on Weights and Measures.

20. "Net quantity" means that quantity of packaged product remaining after all necessary deductions for tare have been made.

22. 21. "NIST" means the National Institute of Standards and Technology.

23. 22. "Operator" means a person in control of, or having responsibility for, the daily operation of a gasoline dispensing site.

24. 23. "Out-of-Service tag" means a red rejection tag that prohibits the further commercial use of a device, signifying that a commercial device does not meet the requirements of A.R.S. Title 3, Chapter 19, Handbook 44, or this Chapter.

25. "Person" as defined in A.R.S. § 3-3401, means an owner or operator of a commercial device or vapor recovery system, retail seller, wholesaler, registered supplier, pipeline distributor, packer, manufacturer, licensee, transporter, or consignee.

24. "Person" has the same meaning as prescribed in A.R.S. § 3-3401, but includes an owner or operator of a commercial device or vapor recovery system, retail seller, wholesaler, registered supplier, pipeline, third-party terminal, packer, manufacturer, licensee, transporter, or consignee.

26. 25. "Placed in service" means the certification by a registered service agency or representative that a commercial device meets the requirements of Title 3, Chapter 19, Handbook 44, and this Chapter and may be used, unless the Division orders otherwise.

27. 26. "Placed-in-service report" means the form that a registered service representative completes and submits to the Division after newly installing a commercial device or restoring a commercial device into service.

28. "Product transfer document" means the bill of lading, loading ticket, manifest, delivery receipt, invoice, or other customarily used documentation to denote delivery information for motor fuel.

29. 27. "Retail" means the sale of a commodity to a consumer.

28. "Retail price inspection" means the inspection of a retail location for compliance with retail price posting or retail price verification requirements.

30. 29. "Seal of Authority" means a physical or electronic stamp or press of the Division official mark, issued to a public weighmaster, certifying the public weighmaster's authority to issue weight certificates.

31. 30. "Service counter" means a display staffed by a sales associate and requires a customer to receive assistance in order to purchase a product.

32. "Seizure" means taking into physical possession, or otherwise securing for evidence, a commodity, liquid fuel, weight, measure, commercial device, or component of a device by the Division.

"Stage I vapor recovery system" has the same meaning as in A.R.S. § 3-3511.

33. 32. "Stage II vapor recovery system" means a system where at least 90% by weight of the gasoline vapors that are displaced or drawn from a vehicle fuel tank during refueling are transferred to a vapor-tight holding system or vapor control system.

34. 33. "Stop-Sale, Stop-Use tag" means a blue tag or blue tape that signifies that a commercial device, including a vapor recovery system or vapor recovery component, or a commodity or liquid fuel, does not meet the requirements of A.R.S. Title 3, Chapter 19, Handbook 44, Handbook 130, Handbook 133, CARB Executive Orders, or this Chapter.

35. "Third-party registered service agency" means a registered service agency that performs work under contract for any business or company.

36. 34. "Underground storage tank" means a tank as described in A.R.S. § 49-1001.

37. "Unit" means a quantity adopted as a standard of measurement.

38. 35. "Vapor recovery registered service representative" means an individual to whom the Division has issued a license authorizing the individual to conduct all vapor-recovery tests required under A.R.S. Title 3, Chapter 19, or this Chapter including annual vapor-recovery tests.

36. "Vapor recovery test equipment" means all test equipment such as measures, meters, counters or other devices that are required for use by registered service agencies and representatives to verify the performance of vapor recovery systems, and are certified according to CARB test procedures, manufacturer specifications or this Chapter.

39. 37. "Warning tag" means a yellow tag that signifies a commercial device, vapor recovery system, or vapor recovery component does not comply with Title 3, Chapter 19, Handbook 44, CARB Executive Orders, or this Chapter.

40. 38. "Weight certificate" means a document, issued by a public weighmaster in a form approved by the Division, which certifies the accuracy of the weight of the commodity measured.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 24 A.A.R. 2666, effective 11/10/2018. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-102 Metrology Laboratory Testing and Calibration Fees

A. For all services of the Division's Metrology Laboratory, the Division shall charge $110 per hour with a minimum charge of $50.

B. In addition to the fee in subsection (A), the Division shall charge for travel and per diem at the rates established under A.R.S. §§ 38-623(D) and 38-624(C) for tests or calibrations conducted outside the Metrology Laboratory.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017.

Ariz. Admin. Code § R3-7-103 Licensing and Fees

A. A license is effective on the first day of the month following the date that the license application is determined by the Division to be complete and accurate.

B. A payment is delinquent if not received or postmarked on or before the due date. The Division shall not process a license or renewal application for which payment is delinquent.

C. If the Division receives payment for a license that excludes the payment of applicable fees or past due civil penalties, the Division shall apply the license fee payment to the licensee's account and issue a separate invoice for the additional monies owed to the Division. The license will not be issued by the Division until all fees due are paid.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-104 Administrative Enforcement Action

A. For a violation of A.R.S. Title 3, Chapter 19, CARB Executive Orders, Handbook 44, Handbook 130, Handbook 133, or this Chapter, the Division may:

1. Issue a Warning, Out-of-Service, Stop-Sale, Stop-Use tag, or issue another administrative order under A.R.S. § 3-3415;

2. Seize or condemn a Seal of Authority, weight, measure, or other commercial device under A.R.S. §§ 3-3414 and 3-3415;

3. Impose a civil penalty under A.R.S. §§ 3-3473 and 3-3475;

4. Revoke or suspend a license under A.R.S. § 3-3472;

5. Utilize appropriate progressive enforcement action; or

6. Implement any combination of the above.

B. The Division may inspect or examine premises, equipment, or relevant records to determine compliance with A.R.S. Title 3, Chapter 19, CARB Executive Orders, Handbook 44, Handbook 130, Handbook 133, or this Chapter. Failure of a regulated person to comply with such inspection or examination shall be considered a violation under A.R.S. § 3-3473(A)(1).

C. In addition to the enforcement action in subsection (A), the Division may issue an administrative order requiring a person to excavate a vapor recovery system if the person buries a vapor recovery system or component prior to a Division pre-burial inspection.

D. The Division shall suspend, revoke, or refuse to renew any license if the licensee does not comply with an enforcement action imposed under this Section.

E. A maximum civil penalty may be doubled as stated in A.R.S. § 3-3475(C) .

F. Commercial device.

1. The Division may place out of service an unlicensed commercial device that it determines has been in use for more than 30 days.

2. The Division may confiscate a commercial device when a person violates an administrative order related to that commercial device, or removes a warning tag, out-of-service tag, or stop-sale, stop-use tag issued to that commercial device without Division authority.

3. The Division may condemn and confiscate a weight, measure, or other commercial device that the Division determines is incorrect and not capable of compliance with Handbook 44.

4. The Division shall issue an out-of-service tag or a stop-sale, stop-use tag if a commercial device is not in compliance with the requirements in A.R.S. Title 3, Chapter 19, Handbook 44 or this Chapter and the lack of compliance creates a situation favorable to the person who owns or operates the commercial device.

a. A person shall not use a commercial device that has an out-of-service tag until the person repairs the commercial device.

b. A person shall not sell or use a commercial device that has a stop-sale, stop-use tag until the commercial device meets the

requirements of A.R.S. Title 3, Chapter 19, Handbook 44, and this Chapter.

5. The Division shall issue a warning tag when a commercial device is not in compliance with the requirements in A.R.S. Title 3, Chapter 19, Handbook 44, or this Chapter and the lack of compliance creates a situation favorable to the consumer. The Division shall issue an out-of-service tag if the commercial device is not repaired by the deadline on the warning tag. A person shall not use a commercial device after the period specified on the warning tag for repair unless the commercial device complies with A.R.S. Title 3, Chapter 19, Handbook 44, and this Chapter.

6. The Division may issue an out-of-service tag if a commercial device does not have a non-tampering seal affixed.

7. The Division shall issue an out-of-service tag if a Division inspector cannot conduct an inspection of a commercial device because of malfunction, abnormal performance, or a potential safety risk that the person who owns or operates the commercial device does not correct within 30 minutes of the attempted inspection.

8. The Division shall issue an out-of-service tag if a commercial device cannot begin weighing, measuring, metering, or counting at zero as prescribed in Handbook 44.

9. The Division shall issue a warning tag if the manufacturer's plate on a commercial device does not contain the information required by Handbook 44, is missing, or is unreadable. The Division shall issue an out-of-service tag if the person who owns or operates a commercial device does not obtain a compliant manufacturer's plate by the 30-day deadline imposed on the warning tag.

10. The Division shall issue a warning tag to a person who did not construct a large-scale approach according to Handbook 44. The Division shall issue a stop-sale, stop-use tag if the large-scale approach is not made compliant by the deadline imposed on the warning tag.

11. In addition to any enforcement action under subsections (F)(1) through (10):

a. If the Division finds during an inspection that a commercial device does not comply with the requirements of A.R.S. Title 3, Chapter 19, or this Chapter and the lack of compliance favors the owner or operator of the commercial device:

i. The Division may impose a civil penalty up to $300 on the person who owns or operates the commercial device; and ii. The Division may impose a civil penalty up to $500 on the person who owns or operates the commercial device for each reinspection until the commercial device is in compliance.

b. If the Division finds during an inspection that a person who weighs a product on a commercial device violates Handbook 44 or does not post rates according to Handbook 44 or this Chapter:

i. The Division may issue an administrative order to the person at the conclusion of the inspection and impose a civil penalty up to $300; and

ii. The Division may issue an administrative order to the person and impose a civil penalty up to $500 at each reinspection until the person complies with Handbook 44 and this Chapter.

G. Public and deputy public weighmaster.

1. The Division may issue an administrative order if a public weighmaster's:

a. Weigh tickets are not in numbered sequence or are missing,

b. The seal, press, or electronic seal is not readable, or

c. Records are not maintained according to R3-7-505 .

2. The Division may issue an administrative order and impose a civil penalty up to $500 on a public weighmaster if:

a. The public weighmaster's weigh tickets contain inaccurate information,

b. The public weighmaster violates an administrative order,

c. The public weighmaster misuses a seal or press or has an unauthorized seal or press; or

d. The public weighmaster misuses an electronic seal or signature.

3. The Division shall confiscate a seal or press if a public weighmaster violates an administrative order issued to the public weighmaster.

4. The Division shall suspend, revoke, or refuse to renew a license if a public weighmaster does not comply with an enforcement action under this Section.

5. The Division shall issue an administrative order and a civil penalty up to $300 to a person who performs public weighmaster duties without a license.

6. If a public weighmaster permits an unlicensed person to perform deputy public weighmaster duties, the Division may:

a. Impose a civil penalty up to $300 on the public weighmaster for the first time the public weighmaster permits an unlicensed person to perform deputy public weighmaster duties;

b. Impose a civil penalty up to $500 on a public weighmaster for the second time the public weighmaster permits an unlicensed person to perform deputy public weighmaster duties; and

c. Confiscate the public weighmaster's records, equipment, and devices if the public weighmaster permits an unlicensed person to perform deputy public weighmaster duties more than twice.

H. Packaging.

1. The Division shall issue an administrative order to an owner or an employee of the owner where a package inspection is held if a package is not in compliance with a requirement in Handbook 130 or Handbook 133. The person to whom the administrative order is issued shall correct the package violation by:

a. Returning the package to the packer or manufacturer,

b. Labeling the package to reflect its correct quantity,

c. Placing a notice on the package that states the violation, and pricing the package to reflect its correct quantity, or

d. Repackaging the commodity so the package contains the quantity represented.

2. In addition to an administrative order, the Division may impose a civil penalty up to $500 per lot on a person who violates a requirement in Handbook 130 or Handbook 133.

I. Price verification.

1. The initial inspection of a retail location for price verification is for educational purposes and an enforcement action will not be imposed for a violation identified during the initial inspection.

2. The Division shall issue a stop-sale, stop-use tag to a person who fails a price verification inspection or reinspection if a pricing violation cannot be corrected within 30 minutes of the Division completing the inspection.

a. The Division may impose a civil penalty up to $100 per violation on a person who fails a reinspection if the Division finds more than one item at more than its posted price.

b. The Division may impose a civil penalty up to $200 per violation on a person who fails a second reinspection. The Division shall increase the per violation civil penalty imposed by $100 for each subsequent reinspection until the violation is corrected.

3. If the Division receives and substantiates a complaint about a person against whom the Division took an administrative enforcement action under subsection (I)(2) within the 60 days before the date of the complaint, the Division shall issue a stop-sale, stopuse tag and impose a civil penalty that is $100 more than the civil penalty that the Division previously imposed against this per-

4. The Division may issue a warning tag to a person who does not have a written price-error policy. The Division may impose a civil penalty up to $500 if the person does not have a written price-error policy upon reinspection.

5. The Division shall issue a warning tag to a person who does not have a price display visible to the consumer at a check-out location. The Division shall issue an out-of-service tag if the person does not have a price display visible to the consumer at a checkout location upon reinspection.

J. Price posting.

1. The initial inspection of a retail location for price posting is for educational purposes and an enforcement action will not be imposed for a violation identified during the initial inspection.

2. The Division shall issue a stop-sale, stop-use tag to a person who fails a price posting inspection if the violation cannot be corrected within 30 minutes of the Division completing the inspection.

3. The Division may impose a civil penalty up to $50 for each inspected lot not priced if a person fails a reinspection with a score of less than 96 percent.

4. The Division may impose a civil penalty up to $100 for each inspected lot not priced if a person fails a second reinspection.

5. If the Division receives and substantiates a complaint about a person against whom the Division took an administrative enforce

ment action under subsection (J)(2) within the 60 days before the date of the complaint, the Division shall issue a stop-sale, stopuse tag and impose a civil penalty that is $100 more than the civil penalty that the Division previously imposed against this per

K. Fuel quality and labeling.

1. The Division shall issue a warning tag to a person whose fuel dispenser labeling violates A.R.S. Title 3, Chapter 19, or this Chapter. The Division shall issue an out-of-service tag to the person if the person does not correct the fuel dispenser labeling violation within the time specified on the warning tag.

2. The Division may issue an administrative order to a person whose fuel storage tank labeling or external street signage violates A.R.S. Title 3, Chapter 19, or this Chapter. The Division may impose a civil penalty up to $300 if the person does not correct the labeling or signage violation within the time specified in the administrative order.

3. The Division may issue an administrative order to, and impose a civil penalty up to $500 per octane level or fuel grade to a person who violates a fuel-quality requirement under A.R.S. Title 41, Chapter 15, or this Chapter. The person shall correct the violation by:

a. Removing non-compliant motor fuel from the storage tank and replacing it with compliant motor fuel,

b. Selling the motor fuel at the correct octane level,

c. Adding sufficient compliant motor fuel to the storage tank to bring the motor fuel in the storage tank into compliance,

d. Removing all water from the storage tank or emptying the tank per R3-7-711 or R3-7-712, or

e. Removing the non-compliant motor fuel to another area within the state if the motor fuel complies with specifications of that area.

4. The Division may issue an administrative order to a person who does not provide requested product transfer documentation within 24 hours of the Division's request. The Division may impose a civil penalty up to $300 on a person who provides the requested documentation between 24 and 72 hours. The Division may impose a civil penalty up to $500 on a person who does not provide the requested documentation within 72 hours.

L. Vapor recovery.

1. The Division may issue an administrative order to stop construction at a vapor recovery site and impose a civil penalty up to $500 on a person who:

a. Begins construction or makes a major modification without an authority to construct plan approval,

b. Does not comply with the authority to construct plan approval, or

c. Does not obtain an approved change order for construction or major modification of the vapor recovery site unless:

i. The vapor recovery system and its components comply with A.R.S. Title 3, Chapter 19, and this Chapter; and

ii. The vapor recovery system passes the required vapor recovery tests according to A.R.S. Title 3, Chapter 19, and this Chapter.

2. The Division may issue an administrative order requiring a person to excavate a vapor recovery site if the person covers a vapor recovery component before a Division pre-burial inspection and may impose a civil penalty up to $500 if the excavated system does not pass required vapor recovery tests according to A.R.S. Title 3, Chapter 19, and this Chapter.

3. The Division shall issue an administrative order if a person fails to ensure that a vapor recovery site passes an initial test within 90 days of being opened or passes an annual test within the designated test month. The Division shall issue a stop-sale, stop-use tag if the person does not comply with the administrative order.

4. The Division may impose a civil penalty up to $100 on a person who does not have an authority to construct plan approval available for inspection at the construction site during normal business hours.

5. The Division may issue a warning tag to a person whose vapor recovery system labeling does not comply with R3-7-713 . The Division may issue a stop-sale, stop-use tag and impose a civil penalty up to $500 on a person who does not correct a labeling violation within the time specified on a warning tag.

6. The Division shall issue a stop-sale, stop-use tag to a person whose vapor recovery system fails a test under R3-7-905, R3-7-910, R3-7-1005, or R3-7-1010 . If the test failure is isolated to a system component, the Division's stop-sale, stop-use tag shall pertain to that component so the rest of the system may operate.

M. The Division may impose a civil penalty up to $500 and issue another stop-sale, stop-use tag to a person who violates a stop-sale, stop-use tag. The Division may impose a civil penalty up to $500 and revoke, suspend, or refuse to renew a commercial device license if a person removes a stop-sale, stop-use tag without approval.

N. Registered service agency and registered service representative.

1. If a registered service agency submits to the Division an inaccurate or incomplete placed-in-service or test report, the Division may impose a civil penalty up to $50 on the agency each time the agency resubmits a placed-in-service or test report without making all needed corrections.

2. The Division may impose a civil penalty up to $300 on, a registered service representative who incorrectly:

a. Installs a commercial device,

b. Repairs a commercial device,

c. Tests a vapor recovery system, or

d. Repairs a vapor recovery system.

3. If an unlicensed person represents itself as a registered service agency, the Division may:

a. Issue an administrative order,

b. Impose a civil penalty up to $500 and confiscate the unlicensed person's calibration standards if the unlicensed person violates the administrative order, and

c. Deny a registered service agency license to the unlicensed person if the unlicensed person fails to comply with the enforcement action under this subsection.

4. The Division may issue an administrative order to an unlicensed person who performs the duties of a registered service representative. The Division may impose a civil penalty up to $300 on the registered service agency for which the unlicensed individual works.

5. The Division may issue an administrative order if a registered service representative places a commercial device into service without Division authorization. The Division may impose a civil penalty up to $500 on the registered service agency whose representative places a commercial device into service without Division authorization.

6. The Division may impose a civil penalty up to $500 on a registered service agency whose registered service representative uses a metrology standard or vapor recovery testing equipment that is not certified according to this Chapter and, as applicable, CARB test methods. The Division may confiscate a metrology standard or vapor recovery testing equipment if a registered service representative uses the uncertified standard or equipment after the registered service agency is penalized. The Division shall return the standard or equipment when it is properly certified.

7. The Division shall issue an administrative order to a vapor recovery registered service agency or person who owns a vapor recovery system that does not, according to A.R.S. Title 3, Chapter 19, and this Chapter:

a. Notify the Division of a test date and time,

b. Begin a test at the approved time,

c. Appear for a witnessed test,

d. Close a vapor recovery system for repairs if the system fails, or

e. Perform a test.

8. The Division may impose a civil penalty up to $300 on a vapor RSA that violates subsections (M)(7)(a), (b), (d), or (e). The Division may impose a civil penalty up to $300 on a vapor recovery registered service agency that violates subsection (M)(7)(c) twice in 12 months.

9. If a registered service agency's registered service representative does not attach a non-tampering seal on a commercial device that is equipped for a seal, the Division may:

a. Impose a civil penalty up to $300 on the registered service agency for the first violation, and

b. Impose a civil penalty up to $500 on the registered service agency for each subsequent violation by the registered service

representative.

10. If a vapor recovery registered service representative determines that a vapor recovery system or component is not in compliance with A.R.S. Title 3, Chapter 19, or this Chapter, the vapor recovery registered service representative shall:

a. Secure the non-compliant vapor recovery system or component from use before the registered service representative leaves the vapor recovery site or until the system or component passes the tests required by R3-7-910 ;

b. Notify the Division of the secured, non-compliant vapor recovery system or component before leaving the vapor recovery site; and

c. Notify the Division of the time of the test required by R3-7-910 or R3-7-1010 by 6:00 a.m. of the day after the non-compli-ant vapor recovery system or component is secured or one hour before the test, whichever is sooner.

11. If a recovery registered service representative fails to comply with R3-7-602(B)(2) the Division may:

a. Impose a civil penalty up to $300 on the registered service representative;

b. Issue an administrative order, if the registered service representative is penalized under this subsection three times in 12 months, requiring the registered service representative to take and pass the licensing competency examination; and

c. Suspend or revoke the license of the registered service agency employing the registered service representative if the registered service representative does not comply with an order issued under subsection (M)(11)(b).

12. If a registered service representative fails to notify the Division of a non-compliant commercial device under R3-7-602(B)(1)(f), the Division may impose a civil penalty up to $300.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-105 [Repealed]

History

• Repealed Section R3-7-105 recodified from repealed Section R20-2-105 at 22 A. A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-106 [Repealed]

History

• Repealed Section R3-7-106 recodified from repealed Section R20-2-106 at 22 A. A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-107 [Repealed]

History

• Repealed Section R3-7-107 recodified from repealed Section R20-2-107 at 22 A. A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-108 Time-frames for Licenses, Renewals, and Authorities to Construct

A. For each type of license, renewal, or authority issued by the Division, the overall time-frame described in A.R.S. § 41-1072(2) is set forth in Table 1.

B. For each type of license, renewal, or authority issued by the Division, the administrative completeness review time-frame described in A.R.S. § 41-1072(1) is set forth in Table 1 and begins on the date the Division receives an application.

1. If the application is not administratively complete, the Division shall send a deficiency notice to the applicant.

a. The deficiency notice shall state each deficiency and the information needed to complete the application.

b. Within the time-frame provided in Table 1 for response to the deficiency notice, the applicant shall submit to the Division the missing information specified in the deficiency notice. The time-frame for the Division to finish the administrative completeness review is suspended from the date the Division mails or e-mails the deficiency notice to the applicant until the date the Division receives the missing information.

c. If the applicant does not submit the missing information within the time-frame to respond to the deficiency notice set forth in Table 1, the Division shall send a written notice to the applicant informing the applicant that the application is deemed withdrawn. An applicant who desires to reapply shall begin the application process anew.

2. If the application is administratively complete, the Division shall send a written notice of administrative completeness to the applicant. If the Division, within 10 days of submittal, fails to send a written notice of administrative completeness or deficiency notice outlined in subsection (B)(1), the application shall automatically be deemed administratively complete.

C. For each type of license, renewal, or authority issued by the Division, the substantive review time-frame described in A.R.S. § 411072(3) is set forth in Table 1 and begins on the date the Division sends written notice of administrative completeness to the applicant.

1. During the substantive review time-frame, the Division may make one comprehensive written request for additional information. The applicant shall submit the additional information within the time-frame provided in Table 1 for response to a comprehensive written request for additional information. The time-frame for the Division to finish the substantive review is suspended from the date the Division mails or e-mails the request until the Division receives the information.

2. If the applicant does not submit the requested additional information within the time-frame provided in Table 1, the Division shall issue a written notice informing the applicant that the application is deemed withdrawn. An applicant who desires to reapply shall begin the application process anew.

3. The Division shall issue a written notice of denial of license, renewal, or authority if the Division determines that the applicant does not meet all of the substantive criteria required by A.R.S. Title 3, Chapter 19, and this Chapter for a license, renewal, or authority. The notice of denial shall include:

a. Reasons for the denial, with citations to the statutes or rules on which the denial is based; and

b. The name and telephone number of a Division employee who can answer questions regarding the application process.

If the applicant meets all of the substantive criteria required by A.R.S. Title 3, Chapter 19, and this Chapter for a license, renewal, or authority the Division shall issue the license, renewal, or authority to the applicant.

D. The time-frame for an applicant to respond to a deficiency notice or request for additional information shall commence on the date of personal service or the postmark date.

E. In computing any time-frame prescribed in this Section, the day of the act, event, or default shall not be included. The last day of the period shall be included unless it is Saturday, Sunday, or a state holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or state holiday. Unless otherwise specified herein, the computation shall include intermediate Saturdays, Sundays and holidays.

F. An applicant whose license, renewal, or authority is denied has a right to a hearing, an opportunity for rehearing, and if the denial is upheld, judicial review pursuant to A.R.S. Title 41, Chapter 6, Articles 6 and 10, and A.R.S. Title 12, Chapter 7, Article 6.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-109 Administrative Hearing Procedures

A person who is adversely affected by an action made by the Division may request a hearing to dispute license denial, inspection results, a violation, or enforcement action under A.R.S. Title 41, Chapter 6, Article 10.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-110 Motion for Rehearing or Review

A. Except as provided in subsection (I), any party in a contested case or appealable agency action before the Division who is aggrieved by a decision rendered in the case may file with the Division, not later than 10 days after service of the decision, a written motion for rehearing or review of the decision, pursuant to A.R.S. Title 41, Chapter 6, Article 10, specifying the particular grounds for the motion. For purposes of this subsection, a decision shall be deemed to have been served when personally delivered or mailed by certified mail to the party at the party's last known residence or place of business; or by electronic mail if the party has agreed to receive electronic notifications.

B. A motion for rehearing or review may be amended at any time before it is ruled upon by the Division. A party shall provide a copy of any pleading on all opposing parties or parties who may be directly affected by the issues presented, and the pleading shall contain a certification of delivery to listed recipients. A response may be filed within 15 days after service of the motion or amended motion by any other party. The Division may require the filing of written briefs upon the issues raised in the motion and may provide for oral argument.

C. A rehearing or review of the decision may only be granted for any of the following reasons materially affecting the moving party's rights:

1. Any irregularity in the hearing, order, or abuse of discretion depriving the moving party of a fair hearing;

2. Misconduct of the Division, the administrative law judge, or the prevailing party;

3. Accident or surprise that could not have been prevented by ordinary prudence;

4. Newly discovered material evidence that could not have been discovered with reasonable diligence and produced at the original hearing;

5. Excessive or insufficient penalties;

6. Error in the admission or rejection of evidence or other errors of law occurring at the hearing or during the progress of the proceedings; or

7. That the decision is not justified by the evidence or is contrary to law.

D. If a rehearing is granted, the Division may hear the case or may refer the case to the Office of Administrative Hearings. The decision of the administrative law judge becomes the decision of the Division unless rejected or modified by the Division in accordance with A.R.S. Title 41, Chapter 6, Article 10. A decision of the Division at this level of review is a final decision.

E. Except for a decision under subsection (I), a rehearing or review of the final Division decision shall be requested in order for the aggrieved party to have the right to appeal under A.R.S. Title 12, Chapter 7, Article 6.

D. F. The Division may affirm or modify its decision, or grant a rehearing or review. After giving the parties or their counsel notice and an opportunity to be heard, the Division may grant a rehearing or review for a reason not stated in a party's motion. An order granting a rehearing or review shall specify the grounds on which the rehearing or review is granted. The rehearing or review shall cover only those matters so specified.

E. G. The Division, on its own initiative, within the time-frame for filing a motion for rehearing or review under this rule, may order a rehearing or review for any of the reasons set forth in subsection (C), after giving the parties notice and an opportunity to be heard.

F. H. When a motion for rehearing or review is based upon affidavits, the moving party shall serve the affidavits with the motion. An opposing party has 15 days from the date of service to serve opposing affidavits. The Division may extend the period to respond up to 20 days for good cause, or by written stipulation of the parties. If the Division permits reply affidavits, the replying party has five business days in which to serve them.

G. I. If the Division makes specific findings that the immediate effectiveness of a decision is necessary for the immediate preservation of the public peace, health, and safety and that a rehearing or review of the decision is impracticable, unnecessary, or contrary to the public interest, the Division may issue the decision as a final decision without an opportunity for a rehearing or review. If a decision is issued as a final decision without an opportunity for rehearing or review, any application for judicial review of the decision shall be made within the time limits permitted for applications for judicial review of the Division's final decision.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-111 [Repealed]

History

• Repealed Section R3-7-111 recodified from repealed Section R20-2-111 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-112 [Repealed]

History

• Repealed Section R3-7-112 recodified from repealed Section R20-2-112 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-113 Renumbered

History

• Renumbered Section R3-7-113 recodified from renumbered Section R20-2-113 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-114 Renumbered

History

• Renumbered Section R3-7-114 recodified from renumbered Section R20-2-114 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3)

Ariz. Admin. Code § R3-7-115 Renumbered

History

• Renumbered Section R3-7-115 recodified from renumbered Section R20-2-115 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-116 Renumbered

History

• Renumbered Section R3-7-116 recodified from renumbered Section R20-2-116 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-117 Renumbered

History

• Renumbered Section R3-7-117 recodified from renumbered Section R20-2-117 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Article 2 COMMERCIAL DEVICES

Ariz. Admin. Code § R3-7-201 Licensing Process

A. Before using a commercial device, a person or a contracted registered service representative shall apply for a commercial device license. The commercial device may be used without a license for up to 30 days after an application is filed with the Division. The application shall be on a form supplied by the Division that includes:

1. The applicant's name, address, and telephone number;

2. The name, address, and telephone number of the location where the commercial device will be operated;

3. A description of the commercial device;

4. The applicant's signature; and

5. The e-mail address of the commercial device owner or operator for the Division to provide licenses, invoices, inspections and reports, enforcement action, and other notifications.

B. A licensee shall notify the Division of a change in business name or address within 30 days of the change. The Division does not charge a fee to process a change in business name or address.

C. Change of business ownership requires an application to transfer a license.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-202 [REPEALED]

History

• Repealed Section R3-7-202 recodified from repealed Section R20-2-202 at 22 A.A.R. 2786, effective 8/15/2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-203 Approval, Installation, Use, and Sale of Devices

A. A commercial device installed or placed in use after January 1, 1975, shall have an NCWM National Type Evaluation Program ("NTEP") Certificate of Conformance or have a California Type Evaluation Program ("CTEP") Certificate of Approval. www.ncwm.net/ntep/cert_search

1. If a commercial device has been continuously licensed, or evidence shows it has been in use by the owner in Arizona since January 1, 1975, the commercial device is exempt from NTEP or CTEP approval requirements.

2. If a commercial device exempt under subsection (A)(1) fails the specifications, tolerances, or other technical requirements of Handbook 44 during a Division inspection, the Division shall issue a Stop-Sale, Stop-Use tag or seize the device per R3-7-104(A) and revoke the commercial device license under A.R.S. § 3-3472. A person shall no longer use the device commercially.

B. A person shall not use a commercial device that has an Out-of-Service or Stop-Sale, Stop-Use tag until the person repairs the commercial device as ordered by the Division, the commercial device meets the requirements of A.R.S. Title 3, Chapter 19, Handbook 44, and this Chapter, and approval is obtained from the Division to resume use of the device. If a person sells a commercial device that has an Out-of-Service or Stop-Sale, Stop-Use tag, the seller shall not remove the tag and must disclose to the buyer that the commercial device is not in compliance.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-204 [Repealed]

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. New Section R3-7-204 recodi fied from Section R20-2- 204 at 22 A.A.R. 2786,, effective August 15, 2016 (Supp. 16-3). Repealed by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Article 3 PACKAGING, LABELING, AND METHOD OF SALE

Ariz. Admin. Code § R3-7-301 [Repealed]

History

• Repealed Section R3-7-301 recodified from repealed Section R20-2-301 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-302 Packaging, Labeling, and Method of Sale

A. A person shall comply with all packaging, labeling, and method of sale requirements in Handbook 130, except as otherwise stated in this Chapter. A person shall ensure that packaged commodities kept, offered, exposed for sale, sold, or in the process of delivery are weighed, measured, and inspected using sampling and testing procedures designated in Handbook 133, except as otherwise stated in this Chapter.

B. A retail seller shall ensure that a package that is offered for sale in a random weight, measurement, or count, and that is weighed, measured, or counted at the time of sale, includes a label on the package identifying the net weight, measurement, or count, item description, and packer's name if the packer is not the retailer. Pre-packaged produce does not require a label on each package if the retailer:

1. Clearly labels the price-per-pound where the packaged produce is displayed, and

2. Deducts a tare for the packaging from the gross weight at the time of sale.

C. If the Division issues an administrative order to a person at location where a package inspection is held, for a package that is not in compliance with a requirement in Handbook 130 or Handbook 133, the person to whom the administrative order is issued shall correct the package violation by:

1. Removing the package from sale;

2. Labeling the package to reflect its correct net quantity;

3. Placing a notice on the package that corrects the package violation, and pricing the package to reflect its correct net quantity; or

4. Repackaging the commodity so the package contains the net quantity represented.

D. A retail seller who offers, exposes, or advertises a commodity for sale or rent shall post a definite, plain, and conspicuous price on the commodity or adjacent to where the commodity is displayed. If the price of the commodity is by weight, measure, or count, the retailer shall place the price per weight, measure, or count on the commodity or adjacent to where the commodity is displayed. If a retailer offers a commodity for sale or rent at a price reduced by a percentage or a fixed amount from a previously offered price, the retailer shall place the reduction or reduced price on the commodity or adjacent to where the commodity is displayed.

E. A person who owns or operates a plant nursery shall label each commodity with its identity and price, or post a sign with this information adjacent to the point of display.

F. A retail seller shall ensure that the price of each item purchased is displayed visibly to the public at each check-out location.

G. Items in or behind a service counter that can be sold only with the assistance of a sales associate are not required to have a price displayed. If a price is displayed, it must meet the requirements of this Chapter.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-303 [Repealed]

History

• Repealed Section R3-7-303 recodified from repealed Section R20-2-303 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-304 [Repealed]

History

• Repealed Section R3-7-304 recodified from repealed Section R20-2-304 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-305 [Repealed]

History

• Repealed Section R3-7-305 recodified from repealed Section R20-2-305 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-306 [Repealed]

History

• Repealed Section R3-7-306 recodified from repealed Section R20-2-306 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-307 [Repealed]

History

• Repealed Section R3-7-307 recodified from repealed Section R20-2-307 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-308 [Repealed]

History

• Repealed Section R3-7-308 recodified from repealed Section R20-2-308 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-309 [Repealed]

History

• Repealed Section R3-7-309 recodified from repealed Section R20-2-309 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-310 [Repealed]

History

• Repealed Section R3-7-310 recodified from repealed Section R20-2-310 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-311 [Repealed]

History

• Repealed Section R3-7-311 recodified from repealed Section R20-2-311 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-312 [Repealed]

History

• Repealed Section R3-7-312 recodified from repealed Section R20-2-312 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-313 [Repealed]

History

• Repealed Section R3-7-313 recodified from repealed Section R20-2-313 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Article 4 RETAIL PRICING

Ariz. Admin. Code § R3-7-401 [Repealed]

History

• Repealed Section R3-7-401 recodified from repealed Section R20-2-401 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-402 Retail Price Requirements; Initial Inspections; Violations and Exceptions

A. Retail price requirements. In addition to the requirements in A.R.S. § 3-3431, a person who offers, exposes, or advertises a commodity for sale or rent shall:

1. Price a commodity at the date and time that it is ordered by a customer;

2. Post a definite, plain, and conspicuous price on the commodity or adjacent to where the commodity is displayed;

3. If the price of the commodity is by weight, measure, or count, place the price per weight, measure, or count on the commodity or adjacent to where the commodity is displayed;

4. If a price is reduced by a percentage or a fixed amount from a previously offered price, place the reduction or reduced price on the commodity or adjacent to where the commodity is displayed;

5. Label each commodity offered for sale within a plant nursery with its identity and price, or post a sign with this information adjacent to the point of display; and

6. Ensure that the price of each item purchased is displayed visibly to the public at each check-out location.

B. Initial retail price inspections. The initial retail price inspection of a location is for educational purposes and administrative enforcement action will not be imposed for a violation identified during an initial inspection. An initial inspection is the first retail price inspection conducted at a location when no prior retail price inspections have occurred at that location under the current ownership.

C. The following are price-posting violations:

1. No price is posted or displayed for an inspected item unless it is not required under subsection (D)(12);

2. Less than 98 percent of the prices of inspected items are posted accurately; or

3. A percentage off is provided, but there is no price displayed for the item on, in, or behind a service counter. Price verification.

1. Violations. Items sampled for price verification that scan at a price higher than the marked or posted price are considered over charges. An inspected location shall be found in violation if more than one overcharge is recorded in a price verification sample.

2. Violation exceptions. Items sampled for price verification that scan at a price lower than the marked or posted price are considered undercharges, and are not a violation.

D. Price posting.

1. Violations. The following are price posting violations:

a. No price is posted or displayed for an inspected item;

b. Less than 98% of the items sampled for price posting during a retail price inspection have a marked or posted price; or

c. A percentage or quantity discount is provided, but there is no price displayed for the item on which the consumer may calculate or compare the discounted price to the regular price.

2. Violation exceptions. The following are not price posting violations:

1. a. A price is posted or displayed as allowed in A.R.S. § 3-3431(L) and (N);

2. b. A price is posted on the shelf or on a hook in front of or behind a row of items at the farthest left side of all items with the same price for up to 3 feet of shelf space, or at the farthest left and farthest right side of the shelf or hooks displaying items of the same price. For items of the same price, the Universal Product Code ("UPC") may differ for the commodities with prices labeled in this manner, as long as the price posted is a generic price and does not refer to a specific product;

3. c. A price is posted in a location clearly visible to the consumer on a vertical display containing items of the same price;

4. d. A price is posted on the inside or outside of the door of a self-contained refrigerated cooler on or in front of the shelving units in a location clearly visible to the consumer;

5. e. Items contained in a clearly marked storage or restocking area where a customer must ask for employee assistance to obtain an item;

6. A restocking area that is posted as a restocking area for which a customer should ask for assistance;

7. f. A price is posted on a hook in front of or behind a row of items but the price is clearly visible or a notice is clearly visible stating that the price is posted behind the row of items;

8. g. An item is located in an advertising display without a posted price but a notice is posted informing a customer to ask an employee for price information regarding an item contained in the display;

9. h. A menu-type sign at a point of display that lists the name and price of every item at the point of display in legible text. A menu-type sign may also be used to display single-item purchase prices in areas where space is limited, or used to display a price for purchase of multiple items and single-item purchase prices at the point of display as long as it is posted at, above, or adjacent to the point of display;

10. i. A point of display contains more than one item posted with the manufacturer's name or logo and the price and name of each item contained within the point of display is posted at, above, or adjacent to the point of display;

11. j. A price is posted only at each entrance to a store and the posted price is the price of each item displayed for sale within the store, or a price is posted at each entrance to a department within a store and the posted price is the price of each item displayed for sale within the department;

12. k. A notice states that there is an additional charge based on an item's size and the additional charge for each size is posted at, above, or adjacent to the point of display; and

13. l. An item that does not have a price displayed but is located in or behind a service counter and available only with the assistance of a sales associate as allowed in A.R.S. § 3-3431(M). If a price is displayed, it must meet the requirements of this Chapter.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-403 [Repealed]

History

• Repealed Section R3-7-403 recodified from repealed Section R20-2-403 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-404 [Repealed]

History

• Repealed Section R3-7-404 recodified from repealed Section R20-2-404 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-405 [Repealed]

History

• Repealed Section R3-7-405 recodified from repealed Section R20-2-405 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-406 [Repealed]

History

• Repealed Section R3-7-406 recodified from repealed Section R20-2-406 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-407 [Repealed]

History

• Repealed Section R3-7-407 recodified from repealed Section R20-2-407 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-408 [Repealed]

History

• Repealed Section R3-7-408 recodified from repealed Section R20-2-408 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-409 [Repealed]

History

• Repealed Section R3-7-409 recodified from repealed Section R20-2-409 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-410 [Repealed]

History

• Repealed Section R3-7-410 recodified from repealed Section R20-2-410 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-411 [Repealed]

History

• Repealed Section R3-7-411 recodified from repealed Section R20-2-411 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-412 [Repealed]

History

• Repealed Section R3-7-412 recodified from repealed Section R20-2-412 at 22 A. A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Article 5 PUBLIC WEIGHMASTERS

Ariz. Admin. Code § R3-7-501 Qualifications; License and Renewal Application Process

A. In addition to the requirements of A.R.S. § 3-3453, to be a public weighmaster or a deputy public weighmaster, a person shall:

1. Be at least 18 years old, and

2. Be able to operate a scale accurately, and

3. 2. Be able to execute weight certificates properly.

B. A person shall not perform the duties of a public weighmaster until the person passes the written public weighmaster examination administered by the Division with a minimum score of 75%. A person may not take the examination more than three times in six months and must wait seven days before retaking the exam.

C. A person that meets the qualifications for public weighmaster or deputy public weighmaster may apply for a license on a form supplied by the Division. A separate application shall be submitted for each location where the public weighmaster or deputy public weighmaster will issue weight certificates.

1. The application form includes:

a. The applicant's name, address, telephone number, and e-mail address;

b. A statement by the applicant that the applicant knows and understands public weighmaster laws and rules;

c. The name, address, and telephone number of each of the applicant's public weighmaster locations; and

d. The applicant's signature.

2. The public weighmaster's application form also includes:

a. The name of each deputy public weighmaster operating at each location;

b. A statement that the public weighmaster understands they are responsible to ensure that any deputy public weighmasters working at the location are adequately trained and licensed;

c. The name and address of the scale; and

d. The scale description.

3. The deputy public weighmaster application shall be on a form provided by the Division, and include a certification that the applicant understands the requirements in this Article. The deputy public weighmaster application shall be signed by both the public weighmaster and the applicant.

An applicant may be required to submit evidence of qualifications.

5. The public weighmaster shall ensure all deputy public weighmasters are licensed for the location prior to their issuance of weight certificates.

An applicant shall submit information and documentation concerning lawful presence required by A.R.S. § 41-1080.

D. Before the Division issues or renews a public weighmaster or deputy public weighmaster license, the applicant shall pay the required fees and provide information required in A.R.S. Title 3, Chapter 19, and this Chapter.

E. A public weighmaster licensee shall notify the Division of a change in business name or address within 30 days of the change. The Division does not charge a fee to process a change in name or address.

F. Change of business ownership requires an application to transfer a license.

F. G. In the event a public weighmaster leaves employment, a licensed deputy public weighmaster may utilize a public weighmaster stamp that contains only the location identity as issued under R3-7-506(B) for 30 days at a location while a public weighmaster license application is underway. A public weighmaster stamp containing the public weighmaster's name may not continue to be used following a public weighmaster's departure.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-502 Duties

A public weighmaster shall:

1. Be responsible for the daily operation and maintenance of the licensed scale used when performing public weighmaster duties;

2. Use scales according to applicable laws and rules;

3. Be responsible for all acts performed by any deputy public weighmaster designated by the public weighmaster; and

Ensure that deputy public weighmasters are licensed prior to their issuance of a weight certificate and cancel deputy public weighmasters licenses within 10 days of their leaving employment to ensure each location has the correct number of licensed deputy public weighmasters. A deputy public weighmaster license may be canceled by sending an e-mail or other written notification to the Division.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-503 Grounds for Denying License or Renewal; and Disciplinary Action

A. The Division may deny a public or deputy public weighmaster license for any of the following reasons:

1. Providing false or misleading information;

2. Failing to meet the requirements stated in this Article; or

3. Any of the reasons stated in subsections (B)(1) through (8).

B. The Division may impose disciplinary action against, or refuse to renew a public weighmaster's license for any of the reasons stated in subsection (A)(1) or (2), or if the Division has determined that the public weighmaster:

1. Does not have the ability to conduct an accurate weighment for producing weight certificates;

2. Has produced an incorrect, inaccurate, or falsified weight certificate;

Has been found to violate any provision of A.R.S. Title 3, Chapter 19, or this Chapter;

4. Has falsified a weight certificate;

5. 4. Has delegated authority to someone other than a licensed public weighmaster or deputy public weighmaster;

6. 5. Has improperly used a public weighmaster's Seal of Authority;

7. 6. Has pre-signed certificates for later use;

8. 7. Has issued a weight certificate on which changes or alterations were made; or

9. 8. Has used a scale for public weighing that is not properly licensed.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-504 Scales and Vehicle Weighing

A. When making a weight determination, a public weighmaster shall use a scale that is suitable for the function.

B. The public weighmaster shall not use a scale to weigh a load that exceeds the normal or rated capacity of the scale.

C. The owner or user of a scale is responsible for the accuracy of the scale used by a public weighmaster. The owner or user shall comply with Handbook 44.

D. If a scale is equipped with a printing device, it shall be used for all relevant entries on the weight certificate.

E. The Division shall separately license and regulate each scale location.

F. A public weighmaster or deputy public weighmaster shall weigh any vehicle or combination of vehicles on a scale having a platform that fully accommodates the vehicle or combination of vehicles as one unit.

G. If a combination of vehicles is divided into separate units to be weighed, each separate unit shall be entirely disconnected before weighing and a separate weight certificate shall be issued for each unit.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-505 Weight Certificates

A. In issuing a weight certificate, a public weighmaster shall enter only weight information or other required information that the public weighmaster or deputy public weighmaster has accurately and personally determined.

B. A public weighmaster or deputy public weighmaster shall not make any entries on a weight certificate issued by another person.

C. By signing a weight certificate, a public weighmaster or deputy public weighmaster shall be responsible for the accuracy of all entries on the weight certificate.

D. A weight certificate is valid only when marked with the Seal of Authority and signed by the issuing public weighmaster or deputy public weighmaster.

E. A Seal of Authority may be printed electronically on a weight certificate if it is identical in appearance to the Seal of Authority issued by the Division.

F. A public weighmaster or deputy public weighmaster's signature may be printed electronically on the weight certificate in lieu of a handwritten signature if the electronic signature is that of the public weighmaster or deputy public weighmaster who weighed the commodity. To issue a weight certificate with an electronic Seal of Authority and signature, the public weighmaster or deputy public weighmaster shall have an individual login associated with the electronic Seal of Authority and signature or other security measures in place to prevent unauthorized persons from use.

E. G. If an error is made on a weight certificate, the public weighmaster or deputy public weighmaster shall void the certificate and issue a new certificate. No changes or alterations shall be made on a weight certificate.

F. H. A weight certificate shall state:

1. The date of issuance;

2. The name of the declared owner, agent, or consignee of the material weighed;

3. The accurate weight of the material weighed or counted;

4. The means by which the material is being transported at the time it is weighed or counted;

5. The license plate number of the transporting unit;

The printed name, signature, and license number of the public weighmaster or deputy public weighmaster issuing the weight certificate; and

6. 7. The following statement: "PUBLIC WEIGHMASTER'S CERTIFICATE OF WEIGHT AND MEASURE. This is to certify that the described merchandise was weighed, counted, or measured by a public or deputy public weighmaster, and when properly signed and sealed, is prima facie evidence of the accuracy of the weight, count, or measure shown as prescribed by law."

7. The printed name, signature, and license number of the public weighmaster or deputy public weighmaster issuing the weight ticket.

G. I. A public weighmaster shall maintain a legible copy of each weight certificate issued at each scale location, for a minimum of one year. A public weighmaster shall also ensure that weight certificates are consecutively numbered and filed numerically, including voided weight certificates. A public weighmaster shall not use another filing system without Division approval.

H. J. A public weighmaster is liable for any forged physical, printed, or electronic signatures.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-506 Seal of Authority

A. A public weighmaster shall obtain a Seal of Authority for the certification of weight certificates at cost through the Division.

B. The Division shall assign a number to a Seal of Authority that identifies the specific location for which the Seal of Authority is issued.

C. A Seal of Authority is the property of the state. A public weighmaster shall surrender their assigned Seal of Authority to the Division within 30 days after the public weighmaster no longer operates as a licensed public weighmaster if the Seal of Authority contains the public weighmaster's name. If the Seal of Authority was issued under R3-7-506(B) and only contains the location identification number, it may be retained for use by the next licensed public weighmaster at the location if it is still legible. Illegible seals or seals used in violation of an administrative order shall be seized by the Division.

D. A public weighmaster shall have one Seal of Authority for use at each scale location.

E. A Seal of Authority shall be accessible to the public weighmaster and authorized deputy public weighmasters during all business hours at the scale location for the timely and proper certification of weight certificates.

F. A public weighmaster shall keep a Seal of Authority at each scale location and make it available for inspection by the Division during all business hours.

G. A public weighmaster may recreate the Seal of Authority assigned by the Division in an electronic format for use as provided under R3-7-505(E) and (F) . The Division shall provide a template of the Seal of Authority.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-507 Prohibited Acts

A. A person shall not:

1. Issue a certified weight certificate without being a licensed public weighmaster or a deputy public weighmaster authorized to act for a public weighmaster;

2. Procure, print, or cause to be printed any public weighmaster weight certificate without being a licensed public weighmaster or a deputy public weighmaster authorized to act for a public weighmaster;

3. Possess unfilled or unused weight certificates without being a licensed public weighmaster or a deputy public weighmaster authorized to act for a public weighmaster;

4. Furnish or give false information to a public weighmaster or deputy public weighmaster for use in the completion of a weight certificate;

5. Present a weight certificate for payment falsified by the insertion of any weight, measure, or count not determined by the issuing public weighmaster;

6. Use without authorization the title "licensed public weighmaster" or any similar title; represent oneself to be a public weighmaster without holding a license issued by the Division; or engage in public weighing without holding a valid license as a public weighmaster or a deputy public weighmaster authorized to act for a public weighmaster; or

7. Represent oneself to be a public weighmaster without holding a license issued by the Division;

8. Engage in public weighing without holding a valid license as a public weighmaster, or acting under the authority of a licensed public weighmaster;

9. 7. Use an unlicensed scale in the performance of public weighmaster duties.

10. Operate a scale for public weighing unless that person is licensed as a public or deputy public weighmaster.

11. Nothing in this subsection shall be construed to prevent administrative staff of the public or deputy public weighmaster from performing administrative duties such as filing weight tickets.

B. Nothing in subsection (A) shall be construed to prevent administrative staff of the public weighmaster or deputy public weighmaster from performing administrative duties such as filing weight certificates.

B. C. People engaged in the business of printing weight certificate forms, their representatives, and the Division are exempt from the prohibitions specified in subsections (A)(2) and (3).

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Article 6 REGISTERED SERVICE AGENCIES AND REPRESENTATIVES

Ariz. Admin. Code § R3-7-601 Qualifications; License and Renewal Application Process

A. Registered service agency.

1. To obtain a license as a registered service agency, an applicant shall provide evidence that:

a. The applicant's registered service representative has a thorough knowledge of all appropriate laws within A.R.S. Title 3, Chapter 19, Handbook 44, CARB Executive Orders, and this Chapter;

b. The applicant provided its representative with a copy of the portions of A.R.S. Title 3, Chapter 19, Handbook 44, CARB Executive Orders, and this Chapter relating to registered service representative duties;

c. The applicant:

i. Possesses the necessary certified field calibration standards that meet the requirements of A.R.S. § 3-3416 for installing, repairing, or servicing commercial devices; and

ii. Possesses the necessary vapor recovery test equipment calibrated in the time-frame required by the equipment manufacturer or CARB Executive Orders to perform the required testing of a vapor recovery system or vapor recovery component; or

iii. Has pre-filed with the Division documentation that the applicant has:

(a) Access to the necessary field calibration standards and vapor recovery test equipment belonging to another registered service agency;

(b) Written approval from that registered service agency to use its field calibration standards and vapor recovery test equipment;

(c) Documentation supporting that the field calibration standards meet the requirements of A.R.S. § 3-3416(F); and

(d) Documentation supporting that the vapor recovery test equipment meets the calibration requirements established by the CARB test procedure or this Chapter.

d. The applicant shall ensure that its registered service representative operates field calibration standards and vapor recovery test equipment according to A.R.S. Title 3, Chapter 19, Handbook 44, CARB Executive Orders, and this Chapter.

2. The Division shall not issue a registered service agency license until at least one of the applicant's employees passes a registered service representative competency exam.

3. An applicant for a registered service agency license shall submit an application form, obtained from the Division that provides:

a. Name, address, telephone number, and e-mail address;

b. License information from other states;

c. Types of devices serviced, repaired, or installed, or vapor recovery systems or components repaired or tested;

d. A list of all of the applicant's field calibration standards and vapor recovery test equipment with corresponding serial or identification numbers;

e. Branch office information;

f. Names of registered service representatives and their experience with other registered service agencies or states;

g. License and disciplinary history; and

h. Applicant's signature.

B. Third-party registered service agency. In addition to complying with the requirements in subsection (A), a third-party registered service agency shall provide the Division with evidence that the third-party registered service agency:

1. Holds a valid license issued by the Arizona Registrar of Contractors,

2. Complies with workers' compensation insurance laws, and

3. Maintains liability insurance sufficient to cover the value of work to be performed.

C. B. Registered service representative.

1. To obtain a license as a registered service representative, an applicant shall provide evidence that:

a. The applicant has a thorough knowledge of all appropriate laws within A.R.S. Title 3, Chapter 19, Handbook 44, CARB Executive Orders, and this Chapter;

b. The applicant possesses the necessary training or experience regarding appropriate field calibration standards and vapor recovery test equipment to service the specific commercial device, vapor recovery system, or vapor recovery system component indicated on the application; and

c. The applicant will operate according to appropriate laws within A.R.S. Title 3, Chapter 19, Handbook 44, CARB Executive Orders; and this Chapter; and

d. c. The applicant has passed the competency examination specified in subsection (C).

2. An applicant for a registered service representative license shall submit an application on a form obtained from the Division that provides:

a. Name, address, telephone number, and email address;

b. License information from other states;

c. An indication of whether the applicant is applying to be a registered service representative or a vapor recovery registered service representative;

d. A summary of the types of devices serviced, repaired, or installed, or vapor recovery systems or components repaired or tested;

e. Work experience with other registered service agencies in Arizona or other states;

f. License and disciplinary history; and

g. Applicant's signature.

3. An applicant for a vapor recovery registered service representative license shall maintain and make available to the Division upon request evidence of being certified by the manufacturer to test or repair all vapor recovery systems and components.

a. Certified by the manufacturer to test or repair all vapor recovery systems and components, or

b. Determined qualified by the Division to test or repair all vapor recovery systems and components.

4. An applicant shall submit information and documentation concerning lawful presence required by A.R.S. § 41-1080.

D. C. Competency examination. Before an applicant is issued a registered service representative license, The applicant shall pass a Division-administered competency examination.

1. An applicant for a vapor recovery registered service representative license shall complete the Division's training class before taking the competency examination. The Division may waive the training class requirement for up to 12 months for new applicants.

2. An applicant shall bring a copy of Handbook 44 to the examination site. An applicant for a vapor recovery registered service representative license shall additionally bring copies of CARB test procedures, Executive Orders, and Division Standard Operating Procedures.

3. An applicant shall complete the competency examination within the time specified by the Division and pass with a score of 75% or greater.

4. The Division shall not allow an applicant to take the competency examination more than three times in six months and the applicant must wait seven days prior to retaking the exam.

5. The associate director may contract with a third-party testing company to administer competency examinations to provide added convenience to registered service representative applicants. Taking exams through a third party is optional and the registered service representative shall be responsible for payment of any additional costs related to third-party testing.

E. D. As required under A.R.S. § 3-3454(G), the Division shall specify on a registered service representative license the type of service that the registered service representative is approved to perform.

F. E. Renewal of a registered service representative license. Under A.R.S. § 3-3454(D), a registered service representative license is valid for 12 months and expires unless renewed. To renew a registered service representative license, the registered service agency employing the registered service representative shall submit the renewal fee for the agency license and the agency's registered service representative licenses by the first day of the month that each license expires. Before submitting the renewal fee, the registered service agency shall ensure that once every 36 months a vapor registered service representative completes the Division's training class and takes and passes the Division's written vapor recovery competency examination.

G. F. A registered service agency licensee shall notify the Division of a change in business name or address within 30 days of the change. The Division does not charge a fee to process a change in business name or address.

G. Change of business ownership requires application for a new license. Existing registered service representatives may move their license to a new registered service agency without being subject to the requirements in Subsection (C).

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-602 Duties

A. Registered service agency.

1. A registered service agency shall:

a. Maintain all field calibration standards used for commercial device certification according to standards traceable to NIST;

b. Use the appropriate type and quantity of field calibration standards when testing, repairing, or certifying a commercial device according to A.R.S. Title 3, Chapter 19, Handbook 44, and this Chapter; and

b. c. Maintain and use vapor recovery test equipment according to this Chapter, CARB test procedures, and manufacturer specifications.

2. When a registered service agency restores or newly places a commercial device into service, or restores a commercial device into service as the result of an Out-of-Service or Stop-Sale, Stop-Use tag, or an administrative order, the registered service agency shall complete a placed-in-service report form prescribed by the Division.

a. Within seven days after the commercial device is newly placed into service or restored into service, the registered service agency shall complete an online placed-in-service report to the Division. If an online placed-in-service report is not available for the device, a paper report shall be submitted;

b. The registered service agency shall provide a copy of the placed-in-service report to the person who owns or operates the commercial device;

c. The registered service agency shall retain a copy of the placed-in-service report for one year;

d. The registered service agency shall ensure that the placed-in-service report contains the assigned license number of the registered service representative who installs or restores the commercial device and completes the report;

e. The registered service agency shall ensure that the placed-in-service report is completed and signed by the registered service representative noting each commercial device newly installed or restored into service; and

f. The registered service agency shall ensure that the placed-in-service report includes the serial or identification number of each field calibration standard used by the registered service representative to calibrate each commercial device newly installed or restored to service.

3. A registered service agency shall have all field calibration standards certified annually as required under A.R.S. § 3-3416. Vapor recovery test equipment shall be certified as required by the CARB test procedure or this Chapter.

4. A registered service agency shall not use a new field calibration standard until it is certified as required under A.R.S. § 3-3416.

5. A registered service agency shall ensure that its employee does not perform registered service representative duties until the Division licenses the employee as a registered service representative. A registered service agency may train an employee in registered service representative duties only if the employee is within the direct line of sight and hearing of a supervising licensed registered service representative.

6. A registered service agency shall use a form approved by the Division to record vapor recovery test results and violations. The test results shall be e-mailed to the Division within seven days after completion of the test.

7. A registered service agency shall retain a copy of a required vapor recovery test report for a period of one year.

7. 8. A registered service agency shall ensure that its registered service representative provides a vapor recovery system owner or operator with written test preparation instructions, at least five business days before an initial or annual test.

B. Registered service representative.

1. A registered service representative shall:

a. Perform only the type of service that they are approved by the Division to perform;

a. b. Install only commercial devices that meet the requirements of this Chapter;

b. c. Perform all vapor recovery tests according to this Chapter;

c. d. Perform all appropriate tests before a commercial device is placed in service, including when a commercial device is newly installed or restored to service, to ensure that the requirements of A.R.S. Title 3, Chapter 19, this Chapter, Handbook 44 are met;

e. Perform all appropriate tests when installing, repairing, or replacing a vapor recovery system or component to ensure that the requirements of A.R.S. Title 3, Chapter 19, this chapter, and CARB Executive Orders are met;

d. f. Report to the user equipment or commercial devices that do not conform to NIST standards;

e. g. Complete placed-in-service reports accurately;

h. Obtain and keep current, during the term of the registered service representative license, all required federal, state, and local licenses and ensure compliance with all federal, state, and local laws, rules, regulations, and policies governing the occupation of a registered service representative.

f. 2. A registered service representative shall report to the Division within one hour by e-mail or telephone of finding a device that is not certified as part of the NTEP Certificate of Conformance under R3-7-203(A) and is installed to fraudulently obtain motor fuel or consumer payment card information, and the registered service representative shall contact the local law enforcement agency for collection of the device as evidence.

2. 3. If a vapor recovery registered service representative cannot correct a violation and has to leave the vapor recovery site, the registered service representative shall secure the non-compliant vapor recovery system or component from commercial use. The non-compliant system or component shall not be used for commercial purposes until it is repaired and passes the test required by R3-7-1010 . The registered service representative shall notify the Division of the secured, non-compliant vapor recovery system or component prior to leaving the site. The registered service representative shall notify the Division regarding retest of the site by 6:00 a.m. of the day after the non-compliant vapor recovery system or component is secured or one hour before the test, whichever is sooner, so that the Division may witness the test.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-603 Grounds for Denying License or Renewal; Suspension, Revocation, or Other Disciplinary Action

A. The Division may deny a license or renewal, suspend or revoke a license, or impose other discipline, for any of the following reasons:

1. Providing false or misleading information;

2. Failure to meet annual certification requirements for field calibration standards or vapor recovery test equipment;

3. Failure to pay required fees;

4. Violating any requirements stated in A.R.S. Title 3, Chapter 19, or this Chapter.; or

5. If an applicant, registered service agency, or registered service representative is not qualified to perform the duties of a registered service representative or registered service agency.

B. Upon receipt and acceptance of all required documents, fees, and Division certification of standards, the Division shall issue the agency a license or renewal.

C. The Division shall include on a license an assigned number, that remains effective until either withdrawn by the Division or until it expires. The Division shall issue a license with the agency's assigned license number to each registered service representative employed by the agency who has passed the competency examination.

D. Neither a registered service agency nor a registered service representative shall transfer a license.

E. A registered service agency shall submit the renewal fee for the agency license and the agency's representatives' licenses by the first day of the month that each license expires.

F. The Division may deny a license or renewal for any of the following reasons:

1. Providing false or misleading information;

2. Failure to meet annual certification requirements for standards or testing equipment;

3. Failure to meet the requirements stated in this Article; or

4. For any reason that would be grounds for suspension, revocation, or refusal to renew.

G. The Division may suspend, revoke, or refuse to renew a license if the applicant, is not qualified to perform those duties required or has been found to have violated any provision of A.R.S. Title 3, Chapter 19, or this Chapter.

H. Every registered service agency and representative shall comply with the Division's metrology laboratory annual schedule for certification of field standards contained in A.R.S. § 3-3416(F) .

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-604 Prohibited Acts

A. A person shall not:

1. Perform any duty or do any act required to be done by a registered service agency or registered service representative without holding a registered service agency or registered service representative license issued by the Division;

2. Use the title of registered service agency or registered service representative, any similar title, or hold oneself out as a registered service agency or representative without a valid license; or

3. Remove an official Out-of-Service or Stop-Sale, Stop-Use tag except as authorized in this Chapter, or by the Division.

B. A registered service agency or registered service representative shall not:

1. Fraudulently complete or file an incomplete placed-in-service report;

2. Delegate licensed authority or responsibility to an unlicensed person;

3. Perform a function without certified field calibration standards or vapor recovery test equipment;

4. Newly install or restore a commercial device into service before satisfying all requirements of A.R.S. Title 3, Chapter 19, or this Chapter;

Fail to report a commercial device to the Division that is found to be out of compliance under R3-7-602;

6. Calibrate a commercial device without placing a decal or label on the device as prescribed by the associate director;

7. Leave a location where there is a non-compliant commercial device without securing the commercial device from commercial use; or

Leave a vapor recovery site where there is a non-compliant system or component without securing the system or component from use.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-605 [Repealed]

History

• New Section R3-7-605 recodified from Section R20-2-605 at 22 A.A.R. 2786,, effective 8/15/2016(Supp. 16-3). Repealed by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Article 7 MOTOR FUELS AND PETROLEUM PRODUCTS

Ariz. Admin. Code § R3-7-701 Definitions

In addition to the definitions in A.R.S. § 3-3401 and R3-7-101, the following definitions apply to this Article unless the context otherwise requires:

1. "Address" means a street number, street name, city, state, and zip code.

"Arizona CBG" means Arizona cleaner burning gasoline, and is a gasoline blend that meets the requirements of this Article for gasoline produced and shipped to or within Arizona and sold or offered for sale for use in motor vehicles within the CBG-covered area, except as provided under A.R.S. §§ 3-3493(I) and 3-3494(H).

3. "AZRBOB" means "Arizona Reformulated Blendstock for Oxygenate Blending" and is a combination of gasoline blendstocks that is intended to be or represented to constitute Arizona CBG upon the addition of a specified amount (or range of amounts) of an oxygenate not prohibited by A.R.S. § 3-3491(E) after the blendstock is supplied from the facility at which it was produced or imported.

4. "Batch" means a quantity of motor fuel or AZRBOB that is homogeneous for motor fuel properties specific for the motor fuel standards applicable to that motor fuel or AZRBOB.

5. "Biodiesel" has the same meaning as prescribed under A.R.S. § 3-3401.

6. "Biodiesel blend" has the same meaning as prescribed under A.R.S. § 3-3401. Per ASTM D975, diesel fuel may contain 5% or less biodiesel and is not considered to be a biodiesel blend.

7. "Biofuel" has the same meaning as prescribed under A.R.S. § 3-3401.

8. "Biofuel blend" has the same meaning as prescribed under A.R.S. § 3-3401.

9. "Biofuel blender" means a person that modifies a motor fuel by adding a biofuel.

10. "Biofuel producer" means a person that owns, leases, operates, controls, or supervises a facility at which biofuel is produced.

11. "Biofuel Supplier" means a marketer or jobber of a biofuel or biofuel blend.

12. "Biomass" has the same meaning as prescribed under A.R.S. § 3-3401.

13. "Biomass-based diesel" has the same meaning as prescribed under A.R.S. § 3-3401.

14. "Biomass-based diesel blend" has the same meaning as prescribed under A.R.S. § 3-3401.

15. "Blendstock" means any liquid compound that is blended with another liquid compound to produce a motor fuel, including Arizona CBG. A deposit-control or similar additive registered under 40 CFR 79 is not a blendstock.

16. "CARBOB Model" means the requirements and procedures incorporated by reference in R3-7-702(12) and (13).

17. "CBG Blender" means a person that owns, leases, operates, controls, or supervises any facility, other than a refinery or transmix processing facility, where AZRBOB or Arizona CBG is produced by combining blendstocks or by combining blendstocks with fuel. Types of blending facilities include, but are not limited to, terminals, storage tanks, plants, tanker trucks, retail outlets, and marine vessels.

18. "CBG-covered area" means:

a. A county with a population of 1,200,000 or more persons according to the most recent United States decennial census;

b. Any portion of a county within area A; and

c. Any portion of a county within area C from June 1 through September 30 of each year.

19. "Conventional gasoline" means gasoline that conforms to the requirements of this Chapter for sale or use in Arizona, but does not meet the requirements of Arizona CBG or AZRBOB.

20. "Diesel fuel" or "Diesel" has the same meaning as prescribed under A.R.S. § 3-3401. Per ASTM D975, diesel fuel may contain 5% or less biodiesel.

21. "Duplicate" means a portion of a sample that is treated the same as the original sample to determine the accuracy and precision of an analytical method.

22. "E15" means gasoline that contains more than 10 and no more than 15 volume percent ethanol.

23. "EPA waiver" means a waiver granted by EPA as described in "Waiver Requests under Section 211(f) of the Clean Air Act," which is incorporated by reference in R3-7-702(6).

24. "Ethanol" means an alcohol of the chemical formula C2H5OH. Ethanol is provided in gasoline-ethanol blends by blending denatured fuel ethanol.

25. "Ethanol flex fuel" has the same meaning as prescribed under A.R.S. § 3-3401.

26. "Final destination" means the name and address of the location to which a transferee will deliver motor fuel for further distribution or final consumption.

27. "Final distribution facility" means a stationary motor-fuel transfer point at which motor fuel or AZRBOB is transferred into a cargo tank truck, pipeline, or other delivery vessel from which the motor fuel or AZRBOB will be delivered to a motor-fuel dispensing site. A cargo tank truck is a final distribution facility if the cargo tank truck transports motor fuel or AZRBOB and carries documentation that the type and amount or range of amounts of oxygenates designated by the registered supplier will be or have been blended directly into the cargo tank truck before delivery of the resulting motor fuel to a motor-fuel dispensing site.

28. "Fleet" means at least 25 motor vehicles owned or leased by the same person.

29. "Fleet vehicle fueling facility" means a facility or location where a motor fuel is dispensed for final use by a fleet.

30. "Fuel ethanol" means denatured ethanol that meets the requirements in ASTM D4806, which is incorporated by reference in R3-7-702(4).

31. "Fuel property" means any characteristic listed in R3-7-751(A)(1) through (8), R3-7-751(B)(1) through (7), R3-7-751(D), or any other motor fuel standard referenced in this Article.

32. "Gasoline" has the same meaning as prescribed under A.R.S. § 3-3401.

33. "Isobutanol" means butanol isomer 2-methyl-1-propanol that meets the requirements in ASTM D7862, which is incorporated by reference in R3-7-702(9).

34. "Jobber" means a person that distributes a motor fuel from a bulk storage plant or terminal to the owner or operator of an underground or above-ground storage tank.

35. "Marketer" means a person engaged in selling or offering for sale motor fuels.

36. "Motor Fuel" has the same meaning as prescribed under A.R.S. § 3-3401.

37. "Motor fuel dispensing site" means a facility or location where a motor fuel is dispensed into commerce for final use.

38. "Motor vehicle" means a vehicle equipped with a spark-ignited or compression-ignition internal combustion engine except:

a. A vehicle that runs on or is guided by rails, or

b. A vehicle designed primarily for travel through air or water.

"MTBE" means methyl tertiary butyl ether.

40. "Neat" means pure or 100%.

41. "NOx" means oxides of nitrogen.

42. "Octane" or "octane rating" means the anti-knock characteristic of gasoline as determined by the resulting arithmetic test average of ASTM D2699 and ASTM D2700.

43. "Oxygenate" has the same meaning as prescribed under A.R.S. § 3-3401.

44. "Oxygenate blender" means a person that owns, leases, operates, controls, or supervises an oxygenate-blending facility, or that owns or controls the blendstock or gasoline used, or the gasoline produced, at an oxygenate-blending facility.

45. "Oxygen content" means the percentage by weight of oxygen contained in a gasoline oxygenate blend as determined under ASTM D4815.

46. "Pipeline" means a transporter that owns or operates an interstate common-carrier pipe or is subject to Federal Energy Regulatory Commission tariffs to transport motor fuels into Arizona.

47. "PM" means predictive model.

48. "Predictive Model Procedures" means CARB's "California Procedures for Evaluating Alternative Specifications for Phase 2 Reformulated Gasoline Using the California Predictive Model," as adopted April 20, 1995.

49. "Premium diesel" means a diesel fuel meeting the requirements in ASTM D975 and in Handbook 130, Uniform Engine Fuels and Automotive Lubricants Regulations, Section 2.2.1(a) through 2.2.1(f).

50. "Producer" means a refiner, CBG blender, or other person that produces a motor fuel, including Arizona CBG or AZRBOB.

"Production facility" means a facility at which a motor fuel, including Arizona CBG or AZRBOB, is produced. Upon request of a producer, the associate director may designate, as part of the producer's production facility, a physically separate bulk storage facility that:

a. Is owned or leased by the producer;

b. Is operated by or at the direction of the producer; and

c. Is used to store or distribute motor fuels, including Arizona CBG or AZRBOB, that are supplied only from the production facility.

"Product transfer document" has the same meaning as prescribed under A.R.S. § 3-3401.

53. "Refiner" means a person that owns, leases, operates, controls, or supervises a refinery in the United States, including its trust territories.

54. "Refinery" means a facility that produces a liquid fuel, including Arizona CBG or AZRBOB, by distilling petroleum, or a transmix facility that produces a motor fuel offered for sale or sold into commerce as a finished motor fuel.

55. "Reproducibility" means the testing method margin of error as provided in the ASTM specification or other testing method required under this Article.

56. "Supply" means to provide or transfer motor fuel to a physically separate facility, vehicle, or transportation system.

57. "Terminal" means an owner or operator of a motor fuel storage tank facility that accepts custody, but not necessarily ownership, of a motor fuel from a registered supplier, oxygenate blender, pipeline, or other terminal and relinquishes custody of the motor fuel to a transporter or another terminal.

58. "Test result" means any document that contains a result of testing including all original test measures, all subsequent test measures that are not identical to the original test measure, and all worksheets on which calculations are performed.

59. "Transferee" means a person that receives title to or custody of a motor fuel.

60. "Transferor" means a person that relinquishes title to or custody of a motor fuel to a transporter, marketer, jobber, or motor fuel dispensing site.

61. "Transmix" means a mixture of petroleum distillate fuel and gasoline that does not meet the Arizona standards for either petroleum distillate fuels or gasoline.

62. "Transmix facility" means a facility at which transmix is processed into its components and then the components either are combined with a finished product or further processed to produce a finished motor fuel.

63. "Transporter" means a person that causes motor fuels, including Arizona CBG or AZRBOB, to be transported into or within Arizona.

64. "Vapor pressure" means dry vapor pressure equivalent of gasoline or blendstock as measured according to ASTM D5191.

65. "VOC" means volatile organic compound.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 24 A.A.R. 2666, effective 11/10/2018. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-702 Material Incorporated by Reference

A. The following documents are incorporated by reference and on file with the Division. The documents incorporated by reference contain no future editions or amendments.

1. 16 CFR 306 - Automotive Fuel Ratings, Certification and Posting, December 8, 2021 Edition, Government Publishing Office, 732 North Capitol Street, NW, Washington, D.C. 20401-0001 or bookstore.gpo.gov (herein referred to as " 16 CFR 306 ").

2. API Recommended Practice 1637 (API RP 1637), "Using the API Color-Symbol System to Mark Equipment and Vehicles for Product Identification at Gasoline Dispensing Facilities and Distribution Terminals," 4th edition published April 2020, American Petroleum Institute (API), 200 Massachusetts Avenue NW Suite 1100, Washington, DC, 20001-5571 (herein referred to as "API 1637").

3. ASTM Standard D975-21, "Standard Specification for Diesel Fuel," published 2021, ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org (herein referred to as "ASTM D975").

4. ASTM Standard D4806-21a, "Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel," published 2021, ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org (herein referred to as "ASTM D4806").

5. ASTM Standard D4814-21c, "Standard Specification for Automotive Spark-Ignition Engine Fuel," published 2021, ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org (herein referred to as "ASTM D4814").

Waiver Requests under Section 211(f) of the Clean Air Act, (Document EPA-420-B-19-054, October 2019 edition), United States Environmental Protection Agency, Transportation and Regional Programs Division, Fuels Program Support Group, Mail Code 6406-J, Washington, D.C. 20460 (herein referred to as "Section 211(f) of the Clean Air Act").

ASTM Standard D5798-21, "Standard Specification for Ethanol Fuel Blends for FlexibleFuel Automotive Spark-Ignition Engines," published 2021, ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org (herein referred to as "ASTM D5798").

8. ASTM Standard D6751-20a, "Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels," published 2020, ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org (herein referred to as "ASTM D6751").

9. ASTM Standard D7862-21, "Standard Specification for Butanol for Blending with Gasoline for Use as Automotive Spark-Ignition Engine Fuel," published 2021, ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org (herein referred to as "ASTM D7862").

10. California Air Resources Board, "California Procedures for Evaluating Alternative Specifications for Phase 2 Reformulated Gasoline Using the California Predictive Model," adopted April 20, 1995. A copy may be obtained at: CARB, P.O. Box 2815, Sacramento, CA 95812 or www.arb.ca.gov (herein referred to as "PM" or "Predictive Model Procedures").

11. The Federal Complex Model contained in 40 CFR 80.45, January 1, 1999. A copy may be obtained at: Government Publishing Office, 732 North Capitol Street, NW, Washington, D.C. 20401-0001 or bookstore.gpo.gov (herein referred to as "Federal Complex Model").

California Air Resources Board, The California Reformulated Gasoline Regulations, Title 13, California Code of Regulations, Section 2266.5 (Requirements Pertaining to California Reformulated Gasoline Blendstock for Oxygen Blending (CARBOB) and Downstream Blending), as of April 9, 2005. A copy may be obtained at: CARB, P.O. Box 2815, Sacramento, CA 95812 or www.arb.ca.gov.

13. California Air Resources Board, Procedures for Using the California Model for California Reformulated Gasoline Blendstocks for Oxygenate Blending (CARBOB), adopted April 25, 2001. A copy may be obtained at: CARB, P.O. Box 2815, Sacramento, CA 95812 or www.arb.ca.gov.

14. ASTM Standard D7467-20a, "Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20)," published 2020, ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org (herein referred to as "ASTM D7467").

SAE International, SAE J285, "Dispenser Nozzle Spouts for Liquid Fuels Intended for Use with Spark Ignition and Compression Ignition Engines," published April 2019, SAE International, 400 Commonwealth Drive, Warrendale, PA 15096 or www.sae.org (herein referred to as "SAE J285").

16. ASTM Standard D4057-19, "Standard Practice for Manual Sampling of Petroleum and Petroleum Products," published 2019, ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org (herein referred to as "ASTM D4057").

NIST Handbook 158, Field Sampling Procedures for Fuel and Motor Oil Quality Testing, Government Publishing Office, P.O. Box 979050, St. Louis, MO 63197-9000 or bookstore.gpo.gov (April 2016), incorporated by reference and on file with the Division (herein referred to as "Handbook 158"). This incorporation by reference contains no future editions or amendments.

18. ASTM Standard D2699-21, "Standard Test Method for Research Octane Number of Spark-Ignition Engine Fuel," published 2021, ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org (herein referred to as "ASTM D2699").

ASTM Standard D2700-22, "Standard Test Method for Motor Octane Number of Spark-Ignition Engine Fuel," published 2022, ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org (herein referred to as "ASTM D2700").

20. ASTM Standard D7717-11 (Reapproved 2021), "Standard Practice for Preparing Volumetric Blends of Denatured Fuel Ethanol and Gasoline Blendstocks for Laboratory Analysis," published 2021, ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org (herein referred to as "ASTM D7717").

American Petroleum Institute (API) Manual of Petroleum Measurement Standards, Chapters 3.1A (Third Edition, August 2013, Reaffirmed December 2018) and 3.1B (Fourth Edition, October 2021), American Petroleum Institute, 1220 L St., N.W., Washington, D.C. 20005-4070 (herein referred to as "API Manual of Petroleum Measurement Standards").

B. Subsection (A)(11) will not become effective until Arizona's revised State Implementation Plan submitted by ADEQ to EPA in August 2013 and subsequent supplement submitted July 2014 is approved by EPA.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 24 A.A.R. 2666, effective 11/10/2018. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-703 Return of Motor Fuels Collected During Volumetric Inspection

A. After completing an inspection, and if made possible by the motor fuel dispensing site owner or operator, the Division shall return all motor fuel collected during the volumetric inspection of motor fuel dispensers to the location where the inspection occurred.

B. After completing an inspection, if a motor fuel cannot be returned to the owner or operator of a motor fuel dispensing site at the site where the Division collected the motor fuel, the Division shall transport the motor fuel to another site of the owner or operator's choice and within a 20-mile radius of the inspection site.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-704 Motor Fuel Dispensing Site Price and Grade Posting

A. Any roadside or other sign, including, but not limited to, prices on poles, monument signs, canopies, "A-frame' signs, or other structures, that advertises or displays motor fuel prices and is not connected to a motor fuel dispenser shall comply with subsections (1) through (4) of this Section, and shall comply with either method listed in subsections (5) and (6):

1. Identifies whether the price differs depending on whether the payment is cash, credit, or debit;

2. Identifies the self-service and full-service prices, if different;

3. Discloses the full price of motor fuel including fractions of a cent and all federal and state taxes, if the sign displays the motor fuel price. A decimal point shall be used in the displayed price when a dollar sign precedes the posted price;

4. Displays lettering at a height of at least 1/5 of the letter height of the motor fuel price displayed on the external sign or 2 1/2"³, whichever is larger, and is visible from the road;

5. States the terms of any condition if the displayed price is conditional upon the sale of another product or service. The terms of any condition shall comply with the letter height requirement in subsection (A)(4);

6. Describes the motor fuel that meets ASTM D975 as No. 1 Diesel, #1 Diesel, No. 2 Diesel, #2 Diesel, or premium diesel. Describes other fuel for use in compression ignition engines as biodiesel, or biodiesel blend. Diesel fuel No. 2 may be labeled on dispensers as diesel fuel without indication of the fuel grade;

7. Describes motor fuel with an ethanol concentration of 51 to 83 volume percent as ethanol flex fuel;

8. Identifies the unit of measure of the price, if it is other than per gallon; and

9. Sites that sell Ethanol Flex Fuel previously labeled as "E-85" shall update the signage to reflect the sale of Ethanol Flex Fuel no later than January 1, 2018. In no case shall signage with an incorrect ethanol content be advertised at the motor fuel dispensing site.

1. Display the self-service and full-service prices, if different;

2. Display the unit of measure of the price if other than per gallon;

Display fractions of a cent, if the fuel price is not charged at a whole cent; and

4. Display a decimal point when a dollar sign precedes the posted price.

5. Display the undiscounted price for any motor fuel product and applicable grade advertised; or

6. Display the discounted price for any motor fuel product and applicable grade advertised along with the conditions under which the discount is available, including, but not limited to, "Cash", "Cash Only", or "Membership."

a. Any discount conditions must be clearly presented on a sign in a font no less than 1/5 the size of the largest number posted on the sign or 2 1/2 inches, whichever is larger, and may not be abbreviated.

b. The discount conditions must appear immediately next to, above or below the discounted price and with equal illumination as the discounted price.

B. All motor fuel prices displayed must include all applicable federal and state taxes.

C. Motor fuel Descriptions. Motor fuel types, grades, and blends shall be described on signs listed in Subsection (A) as indicated in the following table:

| Motor Fuel Type | ASTM Standard | Fuel Properties | Allowable Description | | --- | --- | --- | --- | | diesel | D975 | Min. flash point 38º C Min. viscosity 1.3 mm²/S, max. 2.4 mm²/S | No. 1 Diesel, #1 Diesel, Diesel No. 1, or Diesel #1 | | Min. flash point 52º C Min. v isc osity 1.9 mm²/S, max. 4.1 mm²/S | No. 2 Diesel, #2 Diesel, Diesel No. 2, Diesel #2, or Diesel | | | | D975 or D7467 | Meets definition of Premium Diesel in R3-7-101 | Premium Diesel | | | D7467 | More than 5 and no more than 20 volume percent biodiesel | Biodiesel Blend or B-20 Biodiesel Blend | | | Ethanol Flex Fuel | D5798 | 51-83 volume percent ethanol | Ethanol Flex Fuel | | Gasoline | D4814 | Minimum 87 octane | Regular, Reg, Unleaded, UNL, or UL | | Minimum 89 octane | Midgrade, Mid, or Plus | | | | Minimum 91 octane | Premium, Prem, Super, Supreme, High, or High Performance | | | | Contains more than 10 but no more than 15 volume percent ethanol | E15 | | |

A person may use an alternative to the descriptions provided in subsection (C) upon receipt of written approval by the associate director.

B. For the following terms used on a sign to describe a gasoline grade or gasoline-oxygenate blend, the grade or blend shall meet the following minimum antiknock index as determined by the test average of ASTM D 2699 and ASTM D 2700, also known as the (R+M)/ 2 method:

| Term | Minimum Antiknock Index | | --- | --- | | 1. Regular, Reg, Unleaded, UNL, or UL | 87 | | 2. Midgrade, Mid, or Plus | 89 | | 3. Premium, PREM, Super, Supreme, High, or High Performance | 91 |

C. A person may use an alternative to the descriptions provided in subsection (B) upon receipt of written approval by the associate director.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-705 Dispenser Labeling at Motor Fuel Dispensing Sites

A. The owner or operator of a motor fuel dispensing site shall label dispensers in accordance with pricing, motor fuel grade, octane rating, and lead substitute. A motor fuel dispensing station owner or operator shall ensure that information regarding pricing, motor fuel grade, octane rating, and lead-substitute addition displayed on a motor fuel dispenser:

1. Lists the full price of the motor fuel including fractions of a cent and all federal and state taxes;

2. 1. Displays the highest price of each grade of motor fuel sold from the dispenser prior to any deliberate action of the customer resulting in a discounted price being displayed, provided the dispenser is capable of dispensing and computing the price of motor fuel at more than one price;

2. Displays a sign or label explaining the terms or conditions of any discounted price available to the consumer including whether the price differs based on method of payment or is conditional based on the sale of another product or service;

3. Complies with the requirements of R3-7-704(A)(1), (A)(2), (A)(3), (A)(5), (A)(6), (A)(7), (A)(8), (A)(9) and (B) .

3. Complies with the requirements of R3-7-704(A)(3) through (A)(6) and (B);

4. Complies with the allowable fuel descriptions indicated in the table in R3-7-704(C);

4. 5. Displays the octane rating of each grade of gasoline; and

5. 6. Displays the legend required by Handbook 130 for motor fuel dispensers that dispense gasoline with lead substitute. The legend shall be presented in block letters on a sharply contrasting background with lettering no smaller than 1/4 inch in height.

6. B. Motor fuel dispensers that are used exclusively for fleet sales and other price contract sales are exempt from the requirements in subsections (A)(1) and (A)(2).

B. C. All motor fuels shall meet the labeling requirements of 16 CFR 306 . Additionally, the following requirements apply:

1. Gasoline containing ethanol.

a. Gasoline containing greater than 1.5% by weight oxygen or 4.3% by volume ethanol shall be labeled with the following statement to indicate the maximum percent by volume of ethanol contained in the gasoline: "May contain up to _____% ethanol."

b. Within the CBG-covered area and area B, gasoline containing fuel ethanol shall be labeled with the following statement: "This gasoline is oxygenated with fuel ethanol and will reduce carbon monoxide emissions from motor vehicles."

c. b. Gasoline for sale with an ethanol content greater than 10 volume percent and less than or equal to 15 volume percent shall additionally be labeled in accordance with 40 CFR 1090.1510, as it existed on December 4, 2020, and is incorporated by reference and on file with the Division. A copy may be obtained at the Government Publishing Office, P.O. Box 979050, St. Louis, MO 63197-9000 or book-store.gpo.gov.

2. Gasoline containing an oxygenate other than ethanol. Gasoline containing greater than 1.5% by weight of an oxygenate other than ethanol shall be labeled with the following statement to indicate the type and maximum percent by volume of oxygenate contained in the gasoline: "May contain up to _____% _____."

3. The label in subsection (C)(1)(a) shall be printed in block letters on a sharply contrasting background with lettering no smaller than 1/4 inch in height.

4. Non-oxygenated gasoline. It is prohibited to label a dispenser as containing no oxygenate if the gasoline contains more than 0.5 percent by volume of any oxygenates.

5. Biodiesel blends. The diesel grade component as contained within ASTM D975 for grades other than No. 2 diesel shall be identified.

C. D. Unattended retail motor fuel dispensers. In addition to all labeling and sign requirements in this Article, the owner or operator of a motor fuel dispensing site that is unstaffed shall post a sign or label at the motor fuel dispensing site, in public view, that conspicuously lists the owner's or operator's name, address, and telephone number.

D. E. Motor fuel dispensers shall display a decal that contains the Division's name and telephone number. A template of the decal shall be placed on the Weights and Measures Services Division website for use by retailers. The seal placed by the Division under A.R.S. § 3-3414(A)(13) satisfies this requirement.

E. F. All labels and information required under this section to be posted on a motor fuel dispenser shall be displayed on the upper 50% of the front panel of each motor fuel dispenser and shall be clean, legible, and visible at all times.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-706 [REPEALED]

History

• Repealed by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017.

Ariz. Admin. Code § R3-7-707 Product Transfer Documentation and Record Retention for Motor Fuel other than Arizona CBG and AZRBOB

A. When a transferor transfers custody or title to a motor fuel that is not Arizona CBG or AZRBOB, and the motor fuel is not sold or dispensed at a motor fuel dispensing site or fleet vehicle fueling facility, the transferor shall provide to the transferee documents that include the following information:

1. The grade of the motor fuel;

2. The volume of each grade of motor fuel being transferred;

3. The date of the transfer;

4. The product transfer document number;

5. For conventional gasoline:

a. The minimum automotive fuel rating of each grade as prescribed by 16 CFR 306 ;

b. A legible and conspicuous statement that the gasoline being transferred contains an oxygenate and lists the type and percentage concentration of the oxygenate by volume; and

c. If transported in or through the CBG-covered area, the statement, "This gasoline is not intended for use inside the CBG-covered area";

6. For conventional gasoline, the type and maximum volume of oxygenate contained in each grade;

7. For conventional gasoline transported in or through the CBG-covered area, the statement, "This gasoline is not intended for use inside the CBG-covered area";

8. 6. If a lead substitute is present in the gasoline, the type of lead substitute present;

9. 7. The following information regarding biofuel or biofuel blends:

a. Ethanol flex fuel shall contain a declaration of the volume percent of ethanol in the blend; or

b. Biodiesel and biomass-based diesel blends containing more than 5% biodiesel or biomass-based diesel shall contain a declaration of the volume percent biodiesel or biomass-based diesel in the blend, as well as the grade of diesel in the blend; and

c. All other biofuel or biofuel blends shall contain the percentage of biofuel in the finished product; and

10. 8. The final destination, as follows:

a. When a terminal is the transferor, the owner or operator of the terminal shall include on the product transfer document the terminal name and address and the transporter name and address;

b. When a transporter is the transferor, the transporter shall include on the product transfer document the name and address of the transporter and the final destination, which is the location at which the motor fuel will be delivered and off loaded from the truck; and

c. When a jobber or marketer is the transferor, the jobber or marketer shall include on the product transfer document the name and address of the jobber or marketer and the final destination, which may be a final distribution facility or a motor fuel dispensing site.

B. To enable a transferor to comply fully with the requirement in subsection (A)(8)(b) and (A)(8)(c), the transferee shall provide to the transferor information regarding the final destination.

C. A registered supplier, oxygenate blender, third-party terminal, or pipeline may use standardized product codes on pipeline tickets as the product transfer documentation.

D. A transferor identified in subsection (A) shall retain product transfer documentation for each delivered shipment for 12 months. For 30 days following the transfer, such documentation shall be kept at the transferor's address listed on the product transfer documentation.

E. A person identified in subsection (A) shall maintain product transfer documentation for a transfer or delivery during the preceding 30 days at that person's address listed on the product transfer documentation.

F. E. An owner or operator of a motor fuel dispensing site or fleet owner shall keep, available for Division review, product transfer documentation for the three most recent deliveries of each grade of motor fuel at the motor fuel dispensing site.

G. The Division shall accept a legible photocopy of a product transfer document instead of the original.

H. F. A person transferring custody or title of Arizona CBG or AZRBOB shall comply with R3-7-757.

G. Upon request by the Division, a person shall present product transfer documents to the Division within two business days. Legible photocopies or electronic copies of the product transfer documents are acceptable.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-708 Gasoline Oxygenate Blends

A. A person that has custody of gasoline blended with an oxygenate shall ensure that the amount of oxygenate does not exceed the amount allowed by EPA waivers, Section 211(f) of the Clean Air Act, and meets the requirements of A.R.S. §§ 3-3491, 3-3492, and 3-3495.

B. Special provisions for gasoline ethanol blends.

1. A gasoline ethanol blend that meets the requirements in subsections (B)(1)(a) and (b) shall not exceed the vapor pressure specified in ASTM D4814 by more than 1 psi:

a. The concentration of the ethanol, excluding the required denaturing agent, shall be:

i. From May 1 through September 15, at least nine percent and no more than 10 percent by volume of the gasoline ethanol blend; and

ii. From September 16 through April 30, at least 1.5 percent by weight and no more than 10 percent by volume of the gasoline ethanol blend; and

b. The ethanol content of the gasoline ethanol blend shall:

i. Be determined using the appropriate test method listed in ASTM D4814, and

ii. Not exceed any applicable waiver condition under Section 211(f) of the Clean Air Act.

2. The provision in subsection (B)(1) is effective for gasoline ethanol blends sold:

a. Outside the CBG-covered area year around, and

b. Within the CBG-covered area during April.

3. Gasoline blended with no more than 10 percent by volume of fuel ethanol shall be blended using one of the following alternatives:

a. The base gasoline complies with the standards in ASTM D4814, the fuel ethanol complies with the standards in ASTM D4806, and the finished blend complies with the standards in ASTM D4814 with the following permissible exceptions:

i. The distillation minimum temperature at the 50 volume percent evaporated point is not less than 66°C (150°F), and

ii. The minimum test temperature at which the vapor/liquid ratio is equal to 20 is waived;

b. The finished blend complies with the standards in ASTM D4814; or

c. The base gasoline complies with the standards in ASTM D4814 except distillation and the finished blend complies with the standards in ASTM D4814 with the following permissible exceptions:

i. The distillation minimum temperature at the 50 volume percent evaporated point is not less than 66°C (150°F), and

ii. The minimum test temperature at which the vapor/liquid ratio is equal to 20 is waived.

4. A gasoline ethanol blend shall meet the standards specified in ASTM D4814.

B. Fuel ethanol specifications. A person that uses fuel ethanol as a blending component with conventional gasoline, conventional gasoline blendstocks, ethanol flex fuel, AZRBOB, or Arizona CBG shall ensure that the fuel ethanol meets the following requirements:

1. A sulfur content not exceeding 10 ppm by weight;

2. The fuel ethanol must be composed solely of carbon, hydrogen, nitrogen, oxygen, and sulfur;

3. Only gasoline previously certified under 40 CFR Part 1090, Subpart C, (including previously certified blendstocks for oxygenate blending), gasoline blendstocks, natural gas liquids, or certified ethanol denaturant that meets the requirements in 40 CFR § 1090.275 may be used as denaturants; and

4. The concentration of all denaturants is limited to a maximum of 3.0 volume percent.

C. In addition to complying with the requirements in R3-7-707, the transferor of an oxygenated gasoline blend shall ensure that the product transfer document contains a legible and conspicuous statement that the gasoline being transferred contains an oxygenate and lists the type and percentage concentration of the oxygenate.

C. For oxygenates other than ethanol, the oxygenate shall meet the applicable ASTM standard for the oxygenate, and the finished blend shall meet ASTM D4814.

D. Nothing in this subsection shall preclude the sale of gasoline with an ethanol content greater than 10 percent by volume and less than or equal to 15 percent by volume of ethanol outside of the CBG-covered area.

D. Special provisions for gasoline-ethanol blends.

Gasoline-ethanol blends shall meet ASTM D4814, except as provided in subsection (D)(2) or (D)(3).

2. The maximum vapor pressure for gasoline blended with fuel ethanol may exceed the vapor pressure requirements outlined in ASTM D4814 by no more than 1.0 psi (referred to as the 1.0 psi waiver) for the following gasoline-ethanol blends:

a. Outside of the CBG-covered area if the concentration of ethanol, excluding the required denaturing agent, is at least 9% by volume and no more than the maximum concentration of ethanol that is allowed for the 1.0 psi waiver to apply under federal law;

b. In area B from October 1 through March 31 if the concentration of ethanol, excluding the required denaturing agent, is at least 6% by volume and no more than 15% by volume.

c. Inside the CBG-covered area during April only.

3. Gasoline blended with no more than 15% by volume of ethanol shall be blended using one of the following alternatives:

a. The base gasoline complies with the standards in ASTM D4814, the fuel ethanol complies with the standards in ASTM D4806, and the finished blend complies with the standards in ASTM D4814 with the following permissible exceptions:

i. The distillation minimum temperature at the 50 volume percent evaporated point is not less than 66°C (150°F), and

ii. The minimum test temperature at which the vapor/liquid ratio is equal to 20 is waived; or

b. The finished blend complies with the standards in ASTM D4814.

E. Ethanol flex fuel sold or offered for sale within the CBG-covered area shall:

1. Use fuel ethanol that meets the standards in this Chapter, and

2. Have a maximum vapor pressure that does not exceed the maximum vapor pressure requirements in R3-7-751(A)(6).

F. E15 sold or offered for sale within the CBG-covered area shall:

1. Use fuel ethanol that meets the standards in this Chapter, and

2. Be blended with ethanol flex fuel that meets the requirements of subsection (E), or

3. Be blended with Arizona CBG or AZRBOB.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 24 A.A.R. 2666, effective 11/10/2018. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-709 [REPEALED]

History

• Repealed by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017.

Ariz. Admin. Code § R3-7-710 Oxygenate Blending Requirements

A. A person that has custody of or transports an oxygenated gasoline blend shall ensure that no neat oxygenate blending occurs in a retail storage tank at a motor fuel dispensing site or fleet vehicle fueling facility.

B. If a motor fuel dispensing site storage tank contains an oxygenated gasoline blend that does not contain the amount of oxygen required by A.R.S. §§ 3-3491, 3-3492, 3-3495, or R3-7-751, the owner or operator of the motor fuel dispensing site shall do one of the following:

1. Add a gasoline blend that dilutes the non-compliant oxygenated gasoline blend to the level of oxygen content required by A.R.S. §§ 3-3491, 3-3492, 3-3495, or R3-7-751;

2. Empty the storage tank and replace the non-compliant oxygenated gasoline blend with a required oxygenate blend;

3. Upon written permission of the associate director, add gasoline that contains no more than 20% by volume of the same oxygenate to the non-compliant oxygenated gasoline blend.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-711 Gasoline-Alcohol Blend Storage Tank Requirements

A. Before a person adds the initial gasoline-alcohol blend into a storage tank, the person shall:

1. Test the storage tank for the presence of water and, if any water is detected, remove the water from the storage tank; and

2. Install a fuel filter designed for use with gasoline-alcohol blends in the fuel line of all motor fuel dispensers that dispense gasoline-alcohol blends.

B. If water is detected in a storage tank containing a gasoline-alcohol blend, the owner or operator shall empty the storage tank.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017.

Ariz. Admin. Code § R3-7-712 Water in Motor Fuel Dispensing Site Storage Tanks

A motor fuel dispensing site owner or operator shall ensure that water in a motor fuel storage tank containing a product other than a gasoline-alcohol blend, does not exceed 1"³ in depth when measured from the bottom of the tank through the fill pipe. The owner or operator shall remove all water from the tank before delivery or sale of motor fuel from that tank.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-713 Motor Fuel Storage Tank Labeling

A. An owner or operator of a motor fuel dispensing site shall ensure that all motor fuel storage tank fill pipes and gasoline vapor return lines located at the motor fuel dispensing site are labeled to identify the contents accurately as:

1. Unleaded gasoline;

2. Unleaded midgrade gasoline;

3. Unleaded premium gasoline;

4. No. 1 diesel or #1 diesel;

5. No. 2 diesel, #2 diesel, or diesel;

6. Premium diesel;

7. Gasoline vapor return, gasoline vapor recovery, or vapor recovery;

8. Biodiesel or biodiesel blend, for blends containing more than 5% biodiesel by volume; or

9. Ethanol flex fuel.

10. Other fuel as designated on the product transfer document.

B. For gasoline-ethanol blends containing more than 10 but no more than 15 volume percent ethanol, storage tank labels shall describe the gasoline grade as specified in subsection (A)(1), (A)(2), and (A)(3), along with the designation "E15".

C. Any motor fuel not specified in subsection (A) shall be labeled at the storage tank fill pipe as designated on the product transfer document.

B. D. An owner or operator of a motor fuel dispensing site shall ensure that the label required under subsection (A) is at least 1 1/2 inches by 5 inches in size with block letters on a sharply contrasting background, and with lettering no smaller than 1/4 inch in height. The label shall be clean, legible, and visible at all times.

C. E. An owner or operator of a motor fuel dispensing site may display other information on the reverse side of a two-sided label.

D. F. An owner or operator of a motor fuel dispensing site shall not put motor fuel into a storage tank without attaching the proper label as specified in this Section.

E. G. A person shall not deliver motor fuel to a motor fuel dispensing site unless the product transfer documents confirm the motor fuel is the correct type as indicated on the tank fill pipes labeled under subsection (A) or (B) or the product being delivered meets or exceeds the standards of the labeled product.

F. H. If tank fill pipe and vapor recovery manhole covers are color-coded, the color coding shall comply with API 1637.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-714 [Repealed]

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Repealed by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-715 Motor Fuel Standards and Testing Methods

A. Unless otherwise stated in this A.R.S. Title 3, Chapter 19, or this Chapter, all motor fuel sold or offered for sale, and oxygenates blended with motor fuel, shall meet the applicable standards incorporated by reference in R3-7-702(3), (4), (5), (7), (8), (9), (14), (18), and (19).

B. October 1 through March 31 of each year, gasoline shall meet the requirements in A.R.S. § 3-3433(E).

A. C. Unless otherwise required in A.R.S. Title 3, Chapter 19, or this Chapter, the producer of a motor fuel shall test and certify the motor fuel for its motor fuel properties using the methodology-standards incorporated by reference in R3-7-702 (3), (4), (5), (7), (8), (9), (14), (18), and (19).

B. D. The automotive fuel rating of a motor fuel shall be determined and certified in accordance with 16 CFR 306.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-716 Sampling and Access to Records

A. The Division shall obtain motor fuel samples for testing from:

1. The same motor fuel dispenser used for sales to customers;

2. The same motor fuel dispenser used for dispensing motor fuel into fleet vehicles;

3. A bulk storage facility;

4. A pipeline having custody of motor fuel, including Arizona CBG or AZRBOB;

5. A transporter of motor fuel, including Arizona CBG or AZRBOB;

6. A final distribution facility;

7. A third-party terminal having custody of motor fuel, including Arizona CBG or AZRBOB;

8. An oxygenate blender or registered supplier; or

9. A transmix or production facility.

B. Unless otherwise specified in this Chapter, an owner or operator of a motor fuel dispensing site, pipeline, third-party terminal, or storage, transmix, production, or distribution facility, or a transporter, registered supplier, or oxygenate blender shall maintain for five years records relating to producing, importing, blending, transporting, distributing, delivering, testing, or storing motor fuels, including Arizona CBG or AZRBOB, and, upon Division request, shall make the records available within 15 days for Division inspection.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-717 Motor Fuel Dispensing Site Equipment

A. Hold-open latch. If an owner or operator of a motor fuel dispensing site operates a motor fuel dispenser that utilizes a nozzle equipped with a hold-open latch, the owner or operator shall ensure that the latch operates according to the manufacturer's specifications.

B. Nozzle requirements for diesel fuel. An owner or operator of a motor fuel dispensing site operating a motor fuel dispenser from which diesel fuel is sold at retail shall ensure that the dispenser utilizes a diesel nozzle with a spout diameter that conforms to SAE J285.

C. Motor fuel dispenser filters. An owner or operator of a motor fuel dispensing site shall ensure that:

1. All gasoline, gasoline-alcohol blends, and ethanol flex fuel dispensers have a 10 micron or smaller nominal pore-sized filter;

2. Dispensers that dispense gasoline-alcohol blends shall have fuel filters designed for use with gasoline-alcohol blends;

3. All biodiesel, biodiesel blends, diesel, and kerosene dispensers have a 30 micron or smaller nominal pore-sized filter; or

4. In the event a motor fuel dispenser is not manufactured to be equipped to use fuel filters, they shall be installed in line with the fuel dispensing hose at the base of the dispenser. If this is not feasible, the motor fuel dispensing site owner may provide evidence that fuel filters cannot be installed at the site due to the configuration and apply for a waiver from these requirements from the associate director.

D. All retail diesel fuel dispensers and ethanol flex fuel dispensers shall be equipped with nozzles that meet the grip guard color requirements in § 3-3436(B). No other nozzles shall be equipped with these color grip guards.

E. Motor fuel dispensers shall meet appropriate Underwriters Laboratories ratings and be compatible with the motor fuel being dispensed.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 441, effective 3/5/2023.

Ariz. Admin. Code § R3-7-718 Additional Requirements for Production, Transport, Distribution, and Sale of Biofuels and Biofuel Blends

A. Registration and reporting requirements for biofuel blenders, biofuel producers, and biofuel suppliers of biofuel or biofuel blends in Arizona.

1. Registration requirement.

a. A biofuel producer, biofuel supplier, or biofuel blender shall register with the associate director, using a form prescribed by the associate director, before producing or supplying biofuel or biofuel blend in Arizona.

b. A person required to register under subsection (A)(1)(a) shall notify the associate director within 10 days after the effective date of a change in any of the information provided under subsection (A)(1)(a).

c. If a biofuel producer, biofuel supplier, or biofuel blender fails to register under subsection (A)(1)(a), the associate director shall take action as allowed under A.R.S. § 3-3475 and R3-7-762 .

d. The Division shall maintain and make available to the public a list of all persons registered under this Section.

2. Reporting requirement.

a. A person required to register under subsection (A)(1)(a) shall report to the Division by January 30th of each year for the previous calendar year. The person shall:

i. Report on a form or in a format prescribed by the associate director;

ii. Provide the total amount of biofuel or biofuel blend produced or supplied for the previous calendar year, including the total amount of each blend component;

iii. Attest to the truthfulness and accuracy of the information submitted; and

iv. Ensure that the report form is signed or submitted electronically by a corporate officer, or the officer's designee, responsible for operations at the facility at or from which the biofuel or biofuel blend was produced or supplied.

b. The Division shall classify the information submitted under subsection (A)(2)(a) as confidential and protected under A.R.S. § 44-1374 if the person that submits the information expressly designates the information as confidential.

A. Biofuel blenders, biofuel producers, and biofuel suppliers of biofuels or biofuel blends in Arizona shall meet the following requirements:

1. Register with the Environmental Protection Agency under 40 CFR 80.1450 or 40 CFR 1090, subpart I, as they existed on December 4, 2020.

2. Upon request by the associate director, report the total volume of biofuel or biofuel blends produced or supplied for the previous calendar year, including the total volume of each blend component. The report shall be provided to the Division within 15 days of the request. Any information reported to the Division shall remain confidential under A.R.S. § 44-1374.

B. Quality Assurance and Quality Control ("QA/QC") program requirements.

1. A biofuel producer or biofuel blender shall implement a QA/QC program to ensure the quality of a biofuel or biofuel blend produced in or supplied in or into Arizona;

2. The QA/QC program implemented by a biofuel producer shall include the following minimum requirements:

a. A sampling and testing program to certify that the biofuel meets applicable ASTM requirements that apply to the biofuel produced. All samples shall be collected in accordance with ASTM sampling methods following The addition of any applicable blend components. The plan shall include a policy for sample retention;

b. A Certificate of Analysis with a unique identification number generated for each batch produced and indicated on the product transfer document;

c. The Certificate of Analysis required under subsection (B)(2)(b) and any other supporting sampling and testing documentation required under this Section is made available to the Division within 24 hours of a request; and

d. Any storage tank containing biofuel that is inactive for more than 30 days is resampled and analyzed to verify the fuel meets ASTM standards.

The QA/QC program implemented by a biofuel blender shall include the following minimum requirements:

a. Retention of:

i. Documentation that demonstrates the applicable biofuel blend components were received from a facility registered with the EPA under 40 CFR 80.1450 or 40 CFR 1090, subpart I;

ii. Certificates of Analysis for the biofuel used as a blend component in the blending process; and

iii. Documentation such as a product transfer document that demonstrates the diesel fuel used in the blending process meets the requirements of ASTM D975;

b. For biodiesel blending, all diesel fuel used as a blend component is analyzed to verify the biodiesel content before blending if the initial volume percent of biodiesel content in the diesel fuel component is unknown; alternatively, for biodiesel blends blended at a motor fuel dispensing site, the biofuel blender may assume the diesel contains 5% biodiesel and prepare and maintain calculations demonstrating the biodiesel content of the final biodiesel blend if it is advertised to consumers as a biodiesel blend containing more than 5 and no more than 20 volume percent biodiesel and the calculations demonstrate the biodiesel blend will be compliant with the biodiesel content advertised;

c. Any storage tank containing biofuel that is inactive for more than 30 days is resampled and analyzed to verify the fuel meets ASTM standards; and

d. All biodiesel used as a blend component in biodiesel blends consists of at least 99% biodiesel unless approved by the Division.

4. All records required under this subsection are maintained either onsite or at an offsite location for at least five years and made available to the Division upon request.

5. In the event the Division identifies biofuel or biofuel blends that do not meet ASTM standards, the producer or biofuel blender shall evaluate the QA/QC program and make any additional changes that may be required to bring the fuel into compliance.

C. Ethanol flex fuel sold or offered for sale within the CBG-covered area shall:

1. Use fuel ethanol that meets the standards in this Chapter, and

2. Have a maximum vapor pressure that does not exceed the maximum vapor pressure requirements in R3-7-751(A)(6) .

D. Requirements for motor fuel dispensing sites. The owner or operator of a motor fuel dispensing site at which ethanol flex fuel is dispensed shall ensure that any ethanol flex fuel, biodiesel or biodiesel blend sold, offered or exposed for sale, or dispensed was received from and traceable to a person registered with the Division under subsection (A)(1) and the Environmental Protection Agency under 40 CFR 80, subparts K or M.

E. C. Exemptions

1. A biofuel producer, biofuel supplier, or biofuel blender located outside of Arizona and supplying biofuel to a registered biofuel producer, biofuel supplier, or biofuel blender located within Arizona is not required to register under subsection (A)(1)(a);

2. 1. A producer, supplier, or blender of diesel fuel containing 5% by volume or less biodiesel is exempt from this Section if the following conditions are met:

a. The diesel fuel meets the standards of ASTM D975; and

b. If the initial volume percent of biodiesel content is unknown, the person blending the biodiesel into diesel fuel analyzes the diesel fuel to verify the initial biodiesel content and ensure the resulting blend meets the requirements in ASTM D975.

3. 2. A biofuel producer, biofuel supplier, or biofuel blender who produces, supplies, or blends diesel fuel blended with a biomassbased diesel where the resulting fuel meets the requirements in ASTM D975 is exempt from this section.

4. 3. Gasoline containing up to 15% ethanol is exempt from this section.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-719 [Repealed]

History

• Repealed Section R3-7-719 recodified from repealed Section R20-2-719 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-720 Renumbered

History

• Renumbered Section R3-7-720 recodified from renumbered Section R20-2-720 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-721 Renumbered

History

• Renumbered Section R3-7-721 recodified from renumbered Section R20-2-721 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-722 Reserved

History

• Reserved Section R3-7-722 recodified from reserved Section R20-2-722 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-723 Reserved

History

• Reserved Section R3-7-723 recodified from reserved Section R20-2-723 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-724 Reserved

History

• Reserved Section R3-7-724 recodified from reserved Section R20-2-724 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-725 Reserved

History

• Reserved Section R3-7-725 recodified from reserved Section R20-2-725 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-726 Reserved

History

• Reserved Section R3-7-726 recodified from reserved Section R20-2-726 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-727 Reserved

History

• Reserved Section R3-7-727 recodified from reserved Section R20-2-727 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-728 Reserved

History

• Reserved Section R3-7-728 recodified from reserved Section R20-2-728 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-729 Reserved

History

• Reserved Section R3-7-729 recodified from reserved Section R20-2-729 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-730 Reserved

History

• Reserved Section R3-7-730 recodified from reserved Section R20-2-730 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-731 Reserved

History

• Reserved Section R3-7-731 recodified from reserved Section R20-2-731 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-732 Reserved

History

• Reserved Section R3-7-732 recodified from reserved Section R20-2-732 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-733 Reserved

History

• Reserved Section R3-7-733 recodified from reserved Section R20-2-733 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-734 Reserved

History

• Reserved Section R3-7-734 recodified from reserved Section R20-2-734 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-735 Reserved

History

• Reserved Section R3-7-735 recodified from reserved Section R20-2-735 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-736 Reserved

History

• Reserved Section R3-7-736 recodified from reserved Section R20-2-736 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-737 Reserved

History

• Reserved Section R3-7-737 recodified from reserved Section R20-2-737 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-738 Reserved

History

• Reserved Section R3-7-738 recodified from reserved Section R20-2-738 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-739 Reserved

History

• Reserved Section R3-7-739 recodified from reserved Section R20-2-739 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-740 Reserved

History

• Reserved Section R3-7-740 recodified from reserved Section R20-2-740 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-741 Reserved

History

• Reserved Section R3-7-741 recodified from reserved Section R20-2-741 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-742 Reserved

History

• Reserved Section R3-7-742 recodified from reserved Section R20-2-742 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-743 Reserved

History

• Reserved Section R3-7-743 recodified from reserved Section R20-2-743 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-744 Reserved

History

• Reserved Section R3-7-744 recodified from reserved Section R20-2-744 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-745 Reserved

History

• Reserved Section R3-7-745 recodified from reserved Section R20-2-745 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-746 Reserved

History

• Reserved Section R3-7-746 recodified from reserved Section R20-2-746 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-747 Reserved

History

• Reserved Section R3-7-747 recodified from reserved Section R20-2-747 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-748 Reserved

History

• Reserved Section R3-7-748 recodified from reserved Section R20-2-748 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-749 Definitions Applicable to Arizona CBG and AZRBOB

The following definitions apply only to R3-7-750 through R3-7-762 :

1. "Designated alternative limit" means a fuel property specification, expressed in the nearest part per million by weight for sulfur content, nearest 10th percent by volume for aromatic hydrocarbon content, nearest 10th percent by volume for olefin content, and nearest degree Fahrenheit for T90 and T50, that is assigned by a registered supplier to a final blend of Type 2 Arizona CBG or AZRBOB for purposes of compliance with the Predictive Model Procedures, which are incorporated by reference in R3-7-702(10).

2. "Importer" means any person that assumes title or ownership of Arizona CBG or AZRBOB produced by an unregistered supplier.

3. "Oxygenate-blending facility" means any location (including, but not limited to, a truck) where an oxygenate or ethanol flex fuel is added to Arizona CBG or AZRBOB, and nothing further is added to the resulting Arizona CBG except for the addition of a deposit-control or similar additive registered under 40 CFR 79 . An oxygenate-blending facility includes a facility that recertifies Arizona CBG under R3-7-755(F).

4. "Performance standard" means the VOC and NOx emission reduction percentages in R3-7-751(A)(8) and R3-7-751(D)(1).

5. "PM alternative gasoline formulation" means a final blend of Arizona CBG or AZRBOB that is subject to a set of PM alternative specifications.

6. "PM alternative specifications" means the specifications for the following fuel properties, as determined using a testing methodology in R3-7-759 :

a. Maximum vapor pressure, expressed in the nearest 100th of a pound per square inch;

b. Maximum sulfur content, expressed in the nearest part per million by weight;

c. Maximum olefin content, expressed in the nearest 10th of a percent by volume;

d. Minimum and maximum oxygen content, expressed in the nearest 10th of a percent by weight;

e. Maximum T50, expressed in the nearest degree Fahrenheit;

f. Maximum T90, expressed in the nearest degree Fahrenheit; and

g. Maximum aromatic hydrocarbon content, expressed in the nearest 10th of a percent by volume.

7. "PM flat limit" means a PM alternative specification that is subject to the PM flat limit compliance option.

8. "PM flat limit compliance option" means, with reference to a specific fuel property, the compliance option that each gallon of gasoline must meet for that specified fuel property as contained in the PM alternative specifications.

9. "Produce" means:

a. Except as otherwise provided, to convert a liquid compound that is not Arizona CBG or AZRBOB into Arizona CBG or AZRBOB.

b. If a person blends a blendstock that is not Arizona CBG or AZRBOB with Arizona CBG or AZRBOB acquired from another person, and the resulting blend is Arizona CBG or AZRBOB, the person conducting the blending produces only the portion of the blend not previously Arizona CBG or AZRBOB. If a person blends Arizona CBG or AZRBOB with other Arizona CBG or AZRBOB in accordance with this Article, without the addition of a blendstock that is not Arizona CBG or AZRBOB, that person is not a producer of Arizona CBG or AZRBOB.

c. If a person supplies Arizona CBG or AZRBOB to a refiner that agrees in writing to further process the Arizona CBG or AZRBOB at the refiner's refinery and be treated as the producer of Arizona CBG or AZRBOB, the refiner is the producer of the Arizona CBG or AZRBOB.

d. If an oxygenate blender blends oxygenates or ethanol flex fuel into Arizona CBG or AZRBOB, and nothing further is added to the AZRBOB or the resulting Arizona CBG except for the addition of a deposit-control or similar additive, the producer or importer of the AZRBOB, rather than the oxygenate blender, is considered the producer or importer of the resulting Arizona CBG.

10. "Registered supplier" means a producer or importer that supplies Arizona CBG or AZRBOB and is registered with the associate director under R3-7-750.

11. "Third-party terminal" means an owner or operator of a gasoline storage tank facility that accepts custody, but not ownership, of Arizona CBG or AZRBOB from a registered supplier, oxygenate blender, pipeline, or other third-party terminal and relinquishes custody of the Arizona CBG or AZRBOB to a transporter or other terminal.

12. "Type 1 Arizona CBG" means a gasoline that meets the standards contained in R3-7-751(A) and R3-7-751(D)(1).

13. "Type 2 Arizona CBG" means a gasoline that meets the standards contained in R3-7-751(D)(2), and meets the requirements in:

a. R3-7-751(A) beginning April 1 through October 31 of each year, and

b. R3-7-751(B) beginning November 1 through March 31 of each year.

14. "Winter" means November 1 through March 31.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 24 A.A.R. 2666, effective 11/10/2018. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-750 Registration Relating to Arizona CBG or AZRBOB

A. For each physical location, the following shall register with the associate director before producing, importing, or obtaining custody of Arizona CBG or AZRBOB:

1. A refiner or CBG blender that produces Arizona CBG or AZRBOB;

2. An importer that imports Arizona CBG or AZRBOB;

3. An oxygenate blender that blends oxygenate with AZRBOB to produce Arizona CBG;

4. An oxygenate blender that recertifies Arizona CBG under R3-7-755(F); or

4. 5. A pipeline or third-party terminal that has custody of Arizona CBG or AZRBOB.

B. A person listed in subsection (A) shall register on a form prescribed by the associate director and include the following information:

1. Business name, business address, and contact name or position title and telephone number;

2. The facility name, physical location, contact name or position title and telephone number, and type of facility;

3. The location of the records required under this article; and if records are kept off-site, the primary off-site storage facility name, physical location, and contact name or position title and telephone number; and

b. 4. If an independent laboratory is used to meet the requirements of R3-7-752(F), the name and address of the independent laboratory, and contact name or position title and telephone number;

4. 5. If required under 40 CFR § 1090.800, the EPA registration number; and

5. 6. A statement of consent permitting the Division or its authorized agent to collect samples and access records as provided in R3-7-716.

C. A person registered under subsection (B) shall notify the associate director within 10 days after the effective date of a change in any of the information provided under subsection (B).

D. If a refiner, CBG blender, oxygenate blender, or importer fails to register under this Section, all Arizona CBG or AZR-BOB, which is produced by the refiner, CBG blender, or oxygenate blender, or imported by the importer, and which is transported to the CBG-covered area, is presumed to be noncompliant from the date that registration should have occurred.

E. The Division shall maintain a list of all registered suppliers.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-751 Arizona CBG Requirements

A. General fuel property and performance requirements. In addition to the other requirements of this Article and except as provided in subsection (B), all Arizona CBG shall meet the following requirements and for any fuel property not specified, shall meet the requirements in ASTM D4814. The dates in this Section are compliance dates for the owner or operator of a motor fuel dispensing site or a fleet vehicle fueling facility.

1. Sulfur: 95 ppm by weight (max).

2. Aromatics: 50% by volume (max).

3. Olefins: 25% by volume (max).

4. E200: 70-30% volume.

5. E300: 100-70% volume.

6. Maximum vapor pressure:

a. October: 9.0 psi.

b. November 1 - March 31: 9.0 psi.

c. April: 10.0 psi.

d. May: 9.0 psi.

e. June 1 - September 30: 7.0 psi.

f. A gasoline-ethanol blend in the CBG-covered area is subject to the 1 psi vapor pressure waiver, as described in R3-7-708(D)(2), during April only.

7. Oxygen and oxygenates:

a. Minimum content:

i. November 1 - March 31: 10% ethanol by volume or 12.5% isobutanol by volume. If a petition under A.R.S. § 3-3493(C) is in effect: 2.7% oxygen by weight as approved by the associate director.

ii. April 1 - October 31: 0% by weight (any oxygenate).

b. The maximum oxygen content shall not exceed 5.8% by weight for ethanol and shall not exceed the amount allowed by EPA waivers under Section 211(f) of the Clean Air Act for other oxygenates. Additionally, the oxygen content shall comply with the requirements of A.R.S. § 3-3491 and § 3-3492.

c. Arizona CBG shall not contain more than 0.3 volume percent MTBE nor more than 0.1 weight percent oxygen from all other ethers or alcohols listed in A.R.S. § 3-3491.

8. Arizona CBG shall meet the Federal Complex Model VOC emissions reduction percentage May 1 through September 15: 27.5% (Federal Complex Model settings: Summer, Area Class B, Phase 2).

B. Winter requirements. In addition to the other requirements of this Article, the owner or operator of a motor fuel dispensing site or a fleet vehicle fueling facility shall ensure that beginning November 1 through March 31 of each year, all Arizona CBG meets the following fuel property requirements.

1. Sulfur: 80 ppm by weight (max),

2. Aromatics: 30% by volume (max),

3. Olefins: 10% by volume (max),

4. 90% Distillation Temp. (T90): 330° F (max),

5. 50% Distillation Temp. (T50): 220° F (max),

6. Vapor Pressure: 9.0 psi (max), and

Oxygenate:

a. Minimum oxygenate content - 10% ethanol by volume or 12.5% isobutanol by volume;

b. Maximum oxygen content - 5.8% oxygen by weight, and shall comply with the requirements of A.R.S. § 33492; and

c. Alternative minimum ethanol or isobutanol content may be used if approved by the associate director under A.R.S. § 3-3493(C).

C. Fuel ethanol and other oxygenate specifications. A person that uses fuel ethanol or other oxygenates as a blending component with AZRBOB or Arizona CBG shall ensure that the fuel ethanol or other oxygenates meet the following requirements:

1. A sulfur content not exceeding 10 ppm by weight;

2. The fuel ethanol or other oxygenate must be composed solely of carbon, hydrogen, nitrogen, oxygen, and sulfur;

3. For fuel ethanol, only gasoline previously certified under 40 CFR Part 80 (including previously certified blendstocks for oxygenate blending), gasoline blendstocks, or natural gas liquids may be used as denaturants; and

4. For fuel ethanol, the concentration of all denaturants is limited to a maximum of 3.0 volume percent.

C. Certification as Type 1 Arizona CBG or Type 2 Arizona CBG. A registered supplier shall certify Arizona CBG or AZRBOB under R3-7-752, using the test methods specified in R3-7-759 . Type 1 Arizona CBG or Type 2 Arizona CBG shall be certified with the addition of 10 volume percent ethanol or an oxygen content of 2.7% by weight for other oxygenates. A PM alternative gasoline formulation shall be certified with an oxygen content of 1.8 to 2.2% by weight as outlined in subsection (I).

D. General elections. Except as provided in subsection (E), a registered supplier shall make an initial election, and a subsequent election each time a change occurs, before beginning to transport Arizona CBG or AZRBOB. A registered supplier shall make the election with the associate director on a form or in a format prescribed by the associate director. The election shall state:

1. Whether the registered supplier (at each point where the Arizona CBG or AZRBOB is certified) will supply Arizona CBG or AZRBOB that complies with Type 1 Arizona CBG, Type 2 Arizona CBG, or the PM alternative gasoline formulation requirements and, if the registered supplier will supply Arizona CBG or AZRBOB that complies with the PM alternative gasoline formulation requirements, whether the registered supplier will certify using the CARB Phase 2 model; and

2. For each applicable fuel property or performance standard in the election under subsection (D)(1), whether the Arizona CBG or AZRBOB will comply with the average standards or per-gallon standards. A registered supplier shall not elect to comply with average standards unless the registered supplier is in compliance with R3-7-760 . A registered supplier shall not elect to comply with Type 1 Arizona CBG average standards in Table 1, columns B and C, from September 16 through October 31 and February 1 through April 30.

D. In addition to the standards in subsections (A) and (B), Type 1 Arizona CBG and Type 2 Arizona CBG shall be certified meeting the following standards:

1. Type 1 standards. For each fuel property, Type 1 Arizona CBG shall comply with the following per gallon standards, and shall be certified using the Federal Complex Model:

a. VOC Emission Reduction: 27.5% (min) May 1 through September 15.

b. NOx Emission Reduction: 5.5% (min) May 1 through September 15.

c. NOx Emission Reduction: 0.0% (min) September 16 through October 31 and February 1 through April 30.

2. Type 2 standards. For each fuel property, Type 2 Arizona CBG shall comply with the following maximum per gallon standards or a PM alternative gasoline formulation:

a. Maximum per gallon standards.

i. Sulfur: 40 ppm by weight (max).

ii. Aromatics: 25.0% by volume (max).

iii. Olefins: 6.0% by volume (max).

iv. 90% distillation temperature (T90): 300 °F (max).

v. 50% distillation temperature (T50): 210 °F (max).

b. PM alternative gasoline formulation. The PM alternative gasoline formulation shall meet the requirements of subsections (G) through (I), and the per gallon standards in R3-7-751(A) beginning April 1 through October 31 of each year, and R3-7-751(B) beginning November 1 through March 31 of each year.

E. Winter elections. Beginning November 1 through March 31 of each year, a registered supplier shall ensure that all Arizona CBG or AZRBOB complies with Type 2 Arizona CBG requirements or the PM alternative gasoline formulation requirements under Table 2. A registered supplier shall make an initial election, and a subsequent election each time a change occurs, before beginning to transport Arizona CBG or AZRBOB. A registered supplier shall make the election with the associate director on a form or in a format prescribed by the associate director. The election shall state:

1. Whether the registered supplier (at each point where the Arizona CBG or AZRBOB is certified) will supply Arizona CBG or AZRBOB that complies with the Type 2 Arizona CBG or the PM alternative gasoline formulation requirements; and

2. For each applicable fuel property, whether the Arizona CBG or AZRBOB will comply with the average standards or per-gallon standards.

E. A registered supplier may produce Type 1 Arizona CBG from December 1 through March 31 but the registered supplier shall not distribute the Arizona CBG to a motor fuel dispensing site within the CBG-covered area before April 1. A registered supplier may produce and distribute Type 2 Arizona CBG year-round.

F. A registered supplier may elect and produce Type 1 Arizona CBG from December 1 through March 31 but the registered supplier shall not distribute the Arizona CBG to a motor fuel dispensing site within the CBG-covered area before April 1.

F. November 1 through March 31 of each year, a registered supplier shall ensure that all Arizona CBG or AZRBOB complies with Type 2 Arizona CBG requirements or the PM alternative gasoline formulation requirements.

G. Certification as Type 1 Arizona CBG or Type 2 Arizona CBG. A registered supplier shall certify Arizona CBG or AZRBOB under R3-7-752 as meeting all requirements of the election made in subsection (D) or (E). For each fuel property, Type 1 Arizona CBG shall comply with the requirements in either column A or columns B through D of Table 1, and shall be certified using the Federal Complex Model, which is incorporated by reference in R3-7-702 . For each fuel property, Type 2 Arizona CBG shall comply with the requirements of columns A and B (averaging option), or column C in Table 2 or a PM alternative gasoline formulation. The PM alternative gasoline formulation shall meet the requirements of subsections (H), (I), and (J), and column A of Table 2. A registered supplier may shall certify Arizona CBG or AZRBOB using an equivalent the test method methods that the Division approves using the criteria stated specified in R3-7-759 .

G. Certification and use of the Predictive Model Procedures for PM alternative gasoline formulations.

1. Except as provided in subsection (I), a registered supplier shall use the PM as provided in the Predictive Model Procedures.

2. A registered supplier shall certify a PM alternative gasoline formulation with the associate director on a form prescribed by, or in a format acceptable to, the associate director, of:

a. The PM alternative specifications that apply to the final blend; and

b. The numerical values for percent change in emissions for oxides of nitrogen and hydrocarbons determined in accordance with the Predictive Model Procedures.

3. A registered supplier shall deliver the certification required under subsection (G)(2) to the associate director within 3 business days of transporting the PM alternative gasoline formulation. The registered supplier shall have a written process that is followed to verify the PM alternative gasoline formulation meets the applicable PM alternative specifications prior to transport.

4. If a registered supplier notifies the associate director under subsection (G)(3) that a final blend of Arizona CBG is sold or supplied from a production or import facility as a PM alternative gasoline formulation, all final blends of Arizona CBG or AZR-BOB subsequently sold or supplied from that production or import facility are subject to the same PM alternative specifications until the registered supplier either:

a. Designates a final blend at that facility as a PM alternative gasoline formulation subject to different PM alternative specifications; or

b. Chooses to certify a final blend at that facility subject to a flat limit compliance option.

H. Certification and use of Predictive Model for alternative PM gasoline formulations.

1. Except as provided in subsections (H)(4) and (J), a registered supplier shall use the PM as provided in the Predictive Model Procedures.

2. A registered supplier shall certify a PM alternative gasoline formulation with the associate director by either:

a. Submitting to the associate director a complete copy of the documentation provided to the executive officer of CARB according to 13 California Code of Regulations, Section 2264 and subsection (J); or

b. Notifying the associate director, on a form prescribed by or in a format acceptable to the associate director, of:

i. The PM alternative specifications that apply to the final blend, including for each specification whether it is a PM flat limit or a PM averaging limit; and

ii. The numerical values for percent change in emissions for oxides of nitrogen and hydrocarbons determined in accordance with the Predictive Model Procedures.

3. A registered supplier shall deliver the certification required under subsection (H)(2) to the associate director before transporting the PM alternative gasoline formulation.

4. Restrictions for elections to sell or supply final blends as PM alternative gasoline formulations.

a. A registered supplier shall not make a new election to sell or supply from its production or import facility a final blend of Arizona CBG as a PM alternative gasoline formulation if the registered supplier has an outstanding requirement under subsection (K) to provide offsets for fuel properties at the same production or import facility.

b. If a registered supplier elects to sell or supply from its production or import facility a final blend of Arizona CBG as a PM alternative gasoline formulation subject to a PM averaging compliance option for one or more fuel properties, the registered supplier shall not elect any other compliance option, including another PM alternative gasoline formulation, if an outstanding requirement to provide offsets for fuel properties exists under the provisions of subsection (K). This subsection does not preclude a registered supplier from electing another PM alternative gasoline formulation if:

i. The PM flat limit for one or more fuel properties is changed to a PM averaging limit, or a single PM averaging limit for which there is no outstanding requirement to provide offsets is changed to a PM flat limit;

ii. There are no changes to the PM alternative specifications for remaining fuel properties; and

iii. The new PM alternative formulation meets the criteria in the Predictive Model Procedures.

c. If a registered supplier elects to sell or supply from the registered supplier's production or import facility a final blend of Arizona CBG as a PM alternative gasoline formulation, the registered supplier shall not use a previously assigned designated alternative limit for a fuel property to provide offsets under subsection (K).

d. If a registered supplier notifies the associate director under subsection (D) or (E) that a final blend of Arizona CBG is sold or supplied from a production or import facility as a PM alternative gasoline formulation, all final blends of Arizona CBG or AZRBOB subsequently sold or supplied from that production or import facility are subject to the same PM alternative specifications until the registered supplier either:

i. Designates a final blend at that facility as a PM alternative gasoline formulation subject to different PM alternative specifications; or

ii. Elects, under subsection (D) or (E), a final blend at that facility subject to a flat limit compliance option or an averaging compliance option.

H. Prohibited activities regarding PM alternative gasoline formulations. A registered supplier shall not sell, offer for sale, supply, or offer to supply from the registered supplier's production or import facility Arizona CBG that is reported as a PM alternative gasoline formulation under R3-7-752 if any of the following occur:

1. The PM alternative specifications do not meet the criteria for approval in the Predictive Model Procedures, or

2. The gasoline fails to conform to any PM flat limit in the PM alternative specifications. A registered supplier may not use an average compliance option in the PM alternative specifications.

I. Oxygen content requirements for PM alternative gasoline formulations. A registered supplier shall ensure that from November 1 through March 31, all alternative PM gasoline formulations comply with oxygen content requirements for the CBG-covered area. Regardless of the oxygen content, a registered supplier shall certify the final alternative PM gasoline formulation using the PM with a minimum oxygen content of 1.8% by weight and a maximum oxygen content of 2.2% by weight. A registered supplier may use the CARBOB Model as a substitute for the preparation of a ethanol hand blend and use the fuel qualities calculated under the CARBOB Model for compliance and reporting purposes.

1. The elected PM alternative specifications do not meet the criteria for approval in the Predictive Model Procedures,

2. The registered supplier is prohibited by subsection (H)(4)(a) from electing to sell or supply the gasoline as a PM alternative gas

oline formulation,

3. The gasoline fails to conform with any PM flat limit in the PM alternative specifications election, or

4. With respect to any fuel property for which the registered supplier elects a PM averaging limit:

a. The gasoline exceeds the applicable PM average limit in Table 2, column B, and no designated alternative limit for the fuel property is established for the gasoline in accordance with subsection (H)(2); or

b. A designated alternative limit for the fuel property is established for the gasoline in accordance with subsection (H)(2), and either the gasoline exceeds the designated alternative limit for the fuel property or the designated alternative limit for the fuel property exceeds the PM averaging limit and the exceedance is not fully offset in accordance with subsection (K).

J. Rounding of values shall be conducted following 40 CFR 1090.50.

K. Offsetting fuel properties and performance standards. A registered supplier that elects to comply with the averaging standards for any of the fuel properties or performance standards contained in Tables 1 and 2, or the PM, shall, from a single production or import facility, complete physical transfer of certified Arizona CBG or AZRBOB in sufficient quantity to offset the amount by which the Arizona CBG or AZRBOB exceeds the averaging standard according to the following schedule:

1. A registered supplier that elects to comply with the averaging standards contained in Table 2 or the PM shall offset each exceeded average standard within 90 days before or after beginning to transport any final blend of Arizona CBG or AZRBOB from the production or import facility;

2. A registered supplier that elects to comply with the averaging standard for the VOC Emission Reduction Percentage in Table 1, column B, shall offset an exceedance of the standard that occurs from May 1 through September 15 during that same period; and

3. A registered supplier that elects to comply with the averaging standard for the NOx Emission Reduction Percentage contained in Table 1, column B, shall offset an exceedance of the standard that occurs from May 1 through September 15 during that same period.

L. Consequence of failure to comply with averages.

1. In addition to a penalty under R3-7-762, if any, a registered supplier that fails to comply with a requirement of subsection (K) shall meet the applicable per-gallon standards contained in Table 1, Table 2, or an alternative PM gasoline formulation, for a probationary period as follows:

a. For a registered supplier that elects to comply with the standards contained in Table 1, the probationary period begins on the first day of the next averaging season and ends on the last day of that averaging season if the conditions of subsection (L)(2) are met;

b. For a registered supplier that elects to comply with the standards contained in Table 2 or the PM, the probationary period begins no later than 90 days after the registered supplier determines, or receives a notice from the associate director, that the registered supplier did not comply with the requirements of subsection (K). Before the probationary period begins, the registered supplier shall notify the associate director in writing of the beginning date of the probationary period. The probationary period ends 90 days after its beginning date.

2. A registered supplier shall not produce or import Arizona CBG or AZRBOB under an averaging compliance election until:

a. The registered supplier submits a compliance plan to the associate director that includes:

i. An implementation schedule for actions to correct noncompliance, and

ii. Reporting requirements that document implementation of the compliance plan,

b. The associate director approves the plan,

c. The registered supplier implements the plan, and

d. The registered supplier achieves compliance.

3. If a registered supplier fails to comply with the requirements of subsection (K) within one year of the end of a probationary period under subsection (L)(1), the registered supplier shall comply with applicable per-gallon standards for a subsequent probationary period of two years, or until the conditions in subsection (L)(2) are satisfied, whichever is later.

a. If a registered supplier elects to comply with the Table 1 standards, the probationary period begins on the first day of the next averaging season.

b. If a registered supplier elects to comply with the Table 2 standards or the PM, the probationary period begins no later than 90 days after the registered supplier determines, or receives notice from the associate director, that the registered supplier did not comply with the requirements of subsection (K). Before the probationary period begins, the registered supplier shall notify the associate director in writing of the beginning date of the probationary period.

4. If a registered supplier fails to comply with the requirements of subsection (K) within one year after the end of a probationary period provided under subsection (L)(3), the registered supplier shall permanently comply with applicable per-gallon standards.

M. Effect of VOC survey failure. Each time a VOC survey conducted under R3-7-760 shows excess VOC emissions in the CBG-covered area, the VOC emissions performance reduction in R3-7-751(A)(8) and the minimum per-gallon VOC emission reduction percentage in Table 1, column C shall be increased by an absolute 1.0 percent, not to exceed the VOC percent emissions reduction percentage per-gallon standard in Table 1, column A.

N. Effect of NOx survey failure. Each time a NOx survey conducted under R3-7-760 shows excess NOx emissions in the CBG-covered area, the NOx average emission reduction percentage applicable to the period of May 1 through September 15 in Table 1, column B shall be increased by an absolute 1.0 percent.

O. Subsequent survey compliance. If the minimum VOC or average NOx emissions reduction percentage has been made more stringent according to subsection (M) or (N) and all emissions reduction surveys for VOC or NOx for two consecutive years show emissions within the applicable adjusted reduction percentage in the CBG-covered area, the applicable VOC or NOx emissions adjusted reduction percentage shall be reduced by an absolute 1.0 percent beginning in the year following the year in which the second compliant survey is conducted. Each emissions reduction percentage adjusted under this subsection shall not be decreased below the following:

1. >27 percent for the VOC emissions reduction percentage, May 1 through September 15, Table 1, column C; and

2. >6.8 percent for the NOx emissions reduction percentage, May 1 through September 15, Table 1, column B.

P. Subsequent survey failures. If a VOC or NOxx emissions reduction percentage is made less stringent under subsection (O) and a subsequent VOC or NOxx survey shows excess VOC or NOxx emissions in the CBG-covered area:

1. For a VOC survey failure, the Federal Complex Model VOC emissions reduction percentage in R3-7-751(A)(8) and the minimum per gallon VOC emission reduction percentage in Table 1, column C shall be increased by an absolute 1.0 percent, not to exceed the VOC percent emissions reduction percentage per gallon standard in Table 1, column A;

2. For a NOxx survey failure, the NOxx average emission reduction percentage applicable May 1 through September 15 in Table 1, column B shall be increased by an absolute 1.0 percent; and

3. If the VOC or NOx emission reduction percentage is increased under subsection (P)(1) or (2), the VOC or NOx emission reduction percentage shall not be made less stringent regardless of the result of subsequent surveys for VOC or NOx emissions.

Q. Effective date for adjusted standards. If a performance standard is adjusted by operation of subsection (M), (N), (O), or (P), the effective date for the change is the beginning of the next averaging season for which the standard is applicable.

R. The use of oxygenates other than ethanol under subsection (A)(7)(a)(i) and (B)(7)(a) is prohibited until EPA approves a revision to the state implementation plan allowing the use of oxygenates other than ethanol.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 24 A.A.R. 2666, effective 11/10/2018. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-751.01 [Repealed]

History

• Repealed Section R3-7-751.01 recodified from repealed Section R20-2-751.01 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-752 General Requirements for Registered Suppliers

A. A registered supplier shall certify that each batch of Arizona CBG or AZRBOB transported for sale or use in the CBG-covered area meets the standards in this Article.

B. A registered supplier shall make the certification on a form or in a format prescribed by the associate director. The registered supplier shall include in the certification information on shipment volumes, fuel properties as determined under R3-7-759, and performance standards for each batch of Arizona CBG or AZRBOB. The registered supplier shall submit the certification to the associate director on or before the 15th day of each month for each batch of Arizona CBG or AZRBOB transported during the previous month.

C. Recordkeeping and records retention.

1. A registered supplier that samples and analyzes a final blend or shipment of Arizona CBG or AZRBOB under this Section shall maintain, for five years from the date of each sampling, records of the following:

a. Sample date;

b. Identity of blend or product sampled;

c. Container or other vessel sampled;

d. The final blend or shipment volume; and

e. The test results for sulfur, aromatic hydrocarbon, olefin, oxygen, vapor pressure, and as applicable, T50, T90, E200, and E300 as determined under R3-7-759.

2. If Arizona CBG or AZRBOB produced or imported by a registered supplier is not tested and documented as required by this Section, the associate director shall deem the Arizona CBG or AZRBOB to have a vapor pressure, sulfur, aromatic hydrocarbon, olefin, oxygen, T50, and T90 that exceeds the standards specified in R3-7-751 or the comparable PM limits, unless the registered supplier demonstrates to the associate director that the Arizona CBG or AZRBOB meets all applicable fuel property limits and performance standards.

3. A registered supplier shall provide to the associate director any records maintained by the registered supplier under this Section within 15 days of a written request from the associate director. If a registered supplier fails to provide records for a blend or shipment of Arizona CBG or AZRBOB, the associate director shall deem the final blend or shipment of Arizona CBG or AZR-BOB in violation of R3-7-751, unless the registered supplier demonstrates to the associate director that the Arizona CBG or AZRBOB meets all applicable fuel property limits and performance standards.

D. Notification requirement. A registered supplier shall notify the associate director by e-mail before transporting Arizona CBG or AZRBOB into the CBG-covered area by a means other than a pipeline.

E. Quality Assurance and Quality Control ("QA/QC") Program. A registered supplier shall develop a QA/QC program to demonstrate the accuracy and effectiveness of the registered supplier's laboratory testing of Arizona CBG or AZRBOB. The registered supplier shall submit the QA/QC program to the associate director for approval at least three months before the registered supplier transports Arizona CBG or AZRBOB. The associate director shall approve a QA/QC program only if the associate director determines that the QA/QC program ensures that the registered supplier's laboratory testing procedures comply with R3-7-759 and the data generated by the registered supplier's laboratory are complete, accurate, and reproducible. If the registered supplier makes significant changes to the QA/QC program, the registered supplier shall resubmit the QA/QC program to the associate director for review and approval. Within 30 days of receiving the changed QA/QC program, the associate director shall determine whether the changed QA/QC program meets the original quality objectives. The associate director shall approve the changed QA/QC program if it meets the quality objectives. Instead of developing a QA/QC program, a registered supplier may comply with the independent testing requirements of subsection (F).

F. Independent testing.

1. A registered supplier of Arizona CBG or AZRBOB that does not develop a QA/QC program shall conduct a program of independent sample collection and analysis for the Arizona CBG or AZRBOB produced or imported, that complies with one of the following:

a. Option 1. A registered supplier shall, for each batch of Arizona CBG or AZRBOB produced or imported, have an independent laboratory collect and analyze a representative sample from the batch using the methodology specified in R3-7-759 for compliance with each fuel property and performance standard for which the Arizona CBG or AZRBOB is certified.

b. Option 2. A registered supplier shall have an independent testing program for all Arizona CBG or AZRBOB that the registered supplier produces or imports that consists of the following:

i. An independent laboratory shall collect a representative sample from each batch;

ii. The associate director or designee shall identify up to 10% of the samples collected under subsection (F)(1)(b)(i) for analysis; and

iii. The independent laboratory shall, for each sample identified by the associate director or designee, analyze the sample using the methodology specified in R3-7-759 for compliance with each fuel property and performance standard for which the Arizona CBG or AZRBOB is certified.

The associate director or designee may request in writing a duplicate of the batch sample collected under subsection (F)(1)(a) or (b) for analysis by a laboratory selected by the associate director or designee. The registered supplier shall submit a duplicate of the sample to the associate director within 24 hours of the written request.

3. Designation of independent laboratory.

a. A registered supplier that does not develop a QA/QC program shall designate one independent laboratory for each production or import facility at which the registered supplier produces or imports Arizona CBG or AZRBOB. The independent laboratory shall collect samples and perform analyses according to subsection (F).

b. A registered supplier shall identify the designated independent laboratory to the associate director under the registration requirements of R3-7-750.

c. A laboratory is considered independent if:

i. The laboratory is not operated by a registered supplier or the registered supplier's subsidiary or employee,

ii. The laboratory does not have any interest in any registered supplier, and

iii. The registered supplier does not have any interest in the designated laboratory.

d. Notwithstanding the restrictions in subsection (F)(3)(c), a laboratory owned or operated by a pipeline shall be considered independent if The pipeline is owned or operated by four or more registered suppliers.

e. A registered supplier shall not use a laboratory that is debarred, suspended, or proposed for debarment according to the Government-wide Debarment and Suspension regulations, 40 CFR 32, or the Debarment, Suspension and Ineligibility provisions of the Federal Acquisition Regulations, 48 CFR 9.4.

4. A registered supplier shall ensure that its designated independent laboratory:

a. Records the following at the time the designated independent laboratory collects a representative sample from a batch of Arizona CBG or AZRBOB:

i. The producer's or importer's assigned batch number for the batch sampled;

ii. The volume of the batch;

iii. The identification number of the gasoline storage tank in which the batch is stored at the time the sample is collected;

iv. The date and time the batch became Arizona CBG or AZRBOB;

v. The date and time the sample is collected;

vi. The grade of the batch (for example, unleaded premium, unleaded mid-grade, or unleaded); and

vii. For Arizona CBG or AZRBOB produced by computer-controlled in-line blending, the date and time the blending process began and the date and time the blending process ended, unless exempt under subsection (G);

b. Retains each sample collected under this subsection for at least 45 days, unless this time is extended by the associate director for up to 180 days;

c. Submits to the associate director a quarterly report on or before the 15th day of January, April, July, and October of each year that includes, for each sample of Arizona CBG or AZRBOB analyzed under subsection (F):

i. The results of the independent laboratory's analyses for each fuel property, and

ii. The information specified in subsection (F)(4)(a) for each sample; and

d. Supplies to the associate director, upon request, a duplicate of the sample.

G. Exemptions to QA/QC and independent laboratory testing requirements. A registered supplier that produces or imports Arizona CBG or AZRBOB using computer-controlled in-line blending equipment and operates under an exemption from EPA under 40 CFR § 1090.1315, is exempt from the requirements of subsections (E) and (F), if reports of the results of the independent audit program of the registered supplier's computer-controlled in-line blending operation, which are submitted to EPA under 40 CFR § 1090.1315, are submitted to the associate director by March 1 of each year.

H. Use of laboratory analysis for certification of Arizona CBG and AZRBOB.

If both a registered supplier and an independent laboratory collect a sample from the same batch of Arizona CBG or AZRBOB and perform a laboratory analysis under subsection (F) to determine compliance of the sample with a fuel property, the registered supplier and independent laboratory shall use the same test methodology. The results of the analysis conducted by the registered supplier shall be used for certification of the Arizona CBG or AZRBOB under subsection (B), unless the absolute value of the difference between the two results is larger than one of the following:

a. Sulfur content: 25 ppm by weight,

b. Aromatics: 2.7% by volume,

c. Olefins: 2.5% by volume,

d. Ethanol: 0.4% by volume,

e. Isobutanol: 0.6% by volume,

f. Vapor pressure: 0.3 psi,

g. 50% distillation temperature: ASTM reproducibility for that sample using the slope from the registered supplier's results,

h. 90% distillation temperature: ASTM reproducibility for that sample using the slope from the registered supplier's results,

i. E200: 2.5% by volume,

j. E300: 3.5% by volume, or

k. API gravity: 0.3° API.

2. If the absolute value of the difference between the results of the analyses conducted by the registered supplier and independent laboratory is larger than one of the values specified in subsection (H)(1), the registered supplier shall use one of the following for certification of the batch of Arizona CBG or AZRBOB under subsection (B):

a. The larger of the two values for each fuel property, except the smaller of the two values shall be used for measures of oxygenates; or

b. Have a second independent laboratory analyze the Arizona CBG or AZRBOB for each fuel property; and if the difference between the results obtained by the second independent laboratory and those obtained by the registered supplier are within the range listed in subsection (H)(1), the registered supplier's results shall be used for certifying the Arizona CBG or AZRBOB under subsection (B).

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 24 A.A.R. 2666, effective 11/10/2018. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-753 General Requirements for Pipelines and Third-party Terminals

A. A pipeline or third-party terminal shall not accept Arizona CBG or AZRBOB for transport unless:

1. The Arizona CBG or AZRBOB is physically transferred from an importer, refiner, CBG blender, oxygenate blender, pipeline, or third-party terminal registered with the Division under R3-7-750; and

2. The registered supplier provides written verification that the gasoline is Arizona CBG or AZRBOB and complies with the standards in R3-7-751(A) or (B), as applicable, without reproducibility or numerical rounding.

B. A pipeline or third-party terminal that transports Arizona CBG or AZRBOB shall collect a sample of each incoming batch. The pipeline or third-party terminal shall retain the sample for at least 30 days unless this time is extended for an individual sample for up to 180 days by the associate director.

C. A pipeline shall conduct quality control testing of Arizona CBG or AZRBOB at each input location. Testing shall consist of at least one sample for each registered supplier who completes a batch shipment at that input location on that day.

D. A pipeline shall provide the associate director with a report summarizing the quality control testing results obtained under subsection (C) by the 15th day of each month, for all results obtained during the previous month. The report shall contain the quantity of Arizona CBG or AZRBOB, date tendered, whether the Arizona CBG or AZRBOB was transported by pipeline, present sample location, and laboratory analysis results.

E. If a batch does not meet the standards in R3-7-751(A) or (B), as applicable, but is within reproducibility, the pipeline shall notify the associate director by e-mail within 48 hours of the batch volume and date tendered, proposed shipment date, whether the batch was transported by the pipeline, present batch location, and laboratory analysis results.

F. If a batch does not meet the standards in R3-7-751(A) or (B), as applicable, including reproducibility, the pipeline or third-party terminal shall notify the associate director by e-mail within 24 hours of the batch quantity and date tendered, proposed shipment date, whether the batch was transported by the pipeline, present batch location, and laboratory analysis results. If the batch is in the pipeline's or third-party terminal's control, the pipeline or third-party terminal shall prevent release of the batch from a distribution point until the batch is certified as meeting the standards in R3-7-751(A) or (B), as applicable.

G. A pipeline or third-party terminal shall develop a QA/QC program to demonstrate the accuracy and effectiveness of the pipeline's or third-party terminal's laboratory testing. The QA/QC program for a pipeline or third-party terminal shall include a description of the laboratory testing protocol used to verify that Arizona CBG or AZRBOB transported to the CBG-covered area meets the standards in R3-7-751(A) or (B) . A pipeline or third-party terminal shall submit the QA/QC program to the associate director for approval at least three months before the pipeline or third-party terminal begins to transport Arizona CBG or AZRBOB. The associate director shall approve a QA/QC program only if the associate director determines that the QA/QC program ensures that the pipeline's or third-party terminal's laboratory testing produces data that are complete, accurate, and reproducible. If a pipeline or third-party terminal makes significant changes to the QA/QC program, the pipeline or third-party terminal shall resubmit the QA/QC program to the associate director for review and approval. Within 30 days of receiving the changed QA/QC program, the associate director shall determine whether the changed QA/QC program meets the quality objectives originally approved by the Division. The associate director shall approve the changed QA/QC program if it meets the quality objectives.

H. A portion of a facility that a third-party terminal uses for production, import, or oxygenate blending is exempt from this Section, but the third-party terminal shall operate the exempt portion of the facility in compliance with requirements for registered suppliers in R3-7-752 and oxygenate blenders in R3-7-755, as applicable.

I. A pipeline is not liable under R3-7-761 if it follows all of the procedures in this Section.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-754 Downstream Blending Exceptions for Transmix

A. A pipeline or third-party terminal may blend transmix into Arizona CBG or AZRBOB at a rate not to exceed 1/4 of one percent by volume. Each pipeline or third-party terminal shall document the transmix blending (recording each batch and volume of transmix blended) and maintain the records at the third-party terminal for two years from the date of blending.

B. One of two methods shall be used to measure the transmix as it is blended into the product stream:

1. Meters, calibrated at least twice each year; or

2. Tank gauge as per the API Manual of Petroleum Measurement Standards.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-755 Additional Requirements for AZRBOB and Oxygenate Blending

A. Application of Arizona CBG standards to AZRBOB.

1. Determining whether AZRBOB complies with Arizona CBG standards.

a. 1. If a registered supplier designates a final blend as AZRBOB and complies with the provisions of this Section, the fuel properties and performance standards of the AZRBOB, for purposes of compliance with R3-7-751(C), are determined by adding the specified type and amount of oxygenate to a representative sample of the AZRBOB and determining the fuel properties and performance standards of the resulting gasoline using the test methods in R3-7-759 or, in the case of ethanol blends, certifying the AZRBOB using the CARBOB Model, on a form or in a format prescribed by the associate director. If the registered supplier designates a range of amounts of oxygenate to be added to the AZRBOB, the minimum designated amount of oxygenate shall be added to the AZRBOB to determine the fuel properties and performance standards of the resulting Arizona CBG. If a registered supplier does not comply with this subsection, the Division shall determine whether the AZRBOB complies with applicable fuel properties and performance standards, excluding requirements for vapor pressure, without adding oxygenate to the AZRBOB.

b. 2. In determining whether AZRBOB complies with the Arizona CBG standards, the registered supplier shall ensure that the oxygenate added to the representative sample under subsection (A)(1) is representative of the oxygenate the registered supplier reasonably expects will be subsequently added to the AZRBOB.

3. The representative sample under subsection (A)(1) shall be prepared in accordance with ASTM D7717 or another test method approved by EPA or CARB.

2. 4. Calculating the volume of AZRBOB. If a registered supplier designates a final blend as AZRBOB and complies with this Section, the volume of AZRBOB is calculated for compliance purposes under R3-7-751 by adding the minimum amount of oxygenate designated by the registered supplier. If a registered supplier fails to comply with this subsection, the Division shall calculate the volume of AZRBOB for purposes of compliance with applicable fuel properties and performance standards without adding the amount of oxygenate to the AZRBOB.

B. Restrictions on transferring AZRBOB.

1. A person shall not transfer ownership or custody of AZRBOB to any other person unless the transferee notifies the transferor in writing that:

a. The transferee is a registered oxygenate blender and will add oxygenate in the type and amount (or within the range of amounts) designated in R3-7-757, or will recertify the AZRBOB under R3-7-755(F), before the AZRBOB is transferred from a final distribution facility; or

b. The transferee will take all reasonably prudent steps necessary to ensure that the AZRBOB is transferred to a registered oxygenate blender that adds the type and amount (or within the range of amounts) of oxygenate designated in R3-7-757 to the AZRBOB, or recertifies the AZRBOB under R3-7-755(F), before the AZRBOB is transferred from a final distribution facility.

2. A person shall not sell or supply Arizona CBG from a final distribution facility if the type and amount or range of amounts of oxygenate designated in R3-7-757 have not been added to the AZRBOB, unless the final distribution facility recertifies the AZRBOB under R3-7-755(F).

C. Restrictions on blending AZRBOB with other products. A person shall not combine AZRBOB supplied from the facility at which the AZRBOB is produced or imported with any other AZRBOB, gasoline, blendstock, or oxygenate, except for:

1. Oxygenate in the type and amount (or within the range of amounts) specified by the registered supplier at the time the AZRBOB is supplied from the production or import facility unless the AZRBOB is recertified by an oxygenate blender under R3-7-755(F); or

2. Other AZRBOB for which the same oxygenate type and amount (or range of amounts) is specified by the registered supplier at the time the AZRBOB is supplied from the production or import facility, except that AZRBOB certified for the addition of 10% ethanol may be combined with AZRBOB certified for the addition of more than 10 but no more than 15 volume percent ethanol.

3. A registered oxygenate blender may utilize an oxygenate type other than the one specified by the registered supplier provided all the requirements of R3-7-751, R3-7-752, R3-7-755, and R3-7-759 are demonstrated with the addition of the different oxygenate type.

D. Quality assurance sampling and testing requirements for a registered supplier supplying AZRBOB from a production or import facility. A registered supplier supplying AZRBOB from a production or import facility shall use an independent third-party quality assurance sampling and testing program as described in subsection (E) or conduct a quality assurance sampling and testing program that meets the requirements of 40 CFR 80.69(a)(7), as it existed on July 1, 1996, except for the changes listed in subsections (D)(1) through (3). 40 CFR 80.69(a)(7), July 1, 1996, is incorporated by reference and on file with the Division. A copy may be obtained at the Government Publishing Office, P.O. Box 979050, St. Louis, MO 63197-9000 or bookstore.gpo.gov. The material incorporated includes no future editions or amendments.

1. 40 CFR 80.69(a)(7). The word "RBOB" is changed to read "AZRBOB";

2. 40 CFR 80.69(a)(7). "...using the methodology specified in § 80.46..." is changed to read "...using the methodology specified in R3-7-759 ...;" and

3. 40 CFR 80.69(a)(7)(ii) . "(within the correlation ranges specified in § 80.65(e)(2)(i))" is changed to read "(within the ranges of the applicable test methods)".

D. Survey for oxygenate blending during the winter. A registered supplier supplying AZRBOB from a production or import facility shall conduct an oxygenate blending survey program that meets the requirements of R3-7-760(A) or use an independent third-party to conduct an oxygenate blending survey program that meets the requirements in R3-7-760(B) .

E. General requirements for an independent third-party quality assurance sampling and testing program. A registered supplier may contract with an independent third party that conducts a quality assurance sampling and testing program for one or more registered suppliers. The registered supplier shall ensure that the quality assurance sampling and testing program:

1. Is designed and conducted by a third party that is independent of the registered supplier. To be considered independent:

a. The third party shall not be an employee of a registered supplier,

b. The third party shall not have an obligation to or interest in any registered supplier, and

c. The registered supplier shall not have an obligation to or interest in the third party;

2. Is conducted from November 1 through March 31 on all samples collected under the program design previously approved by the associate director under subsection (G);

3. Involves sampling and testing that is representative of all Arizona CBG dispensed in the CBG-covered area;

4. Analyzes each sample for oxygenate according to the methodologies specified in R3-7-759 ;

5. Bases results on an analysis of each sample collected during the sampling period unless a specific sample does not comply with the applicable per gallon maximum or minimum standards for the fuel property being evaluated in addition to any reproducibility applicable to the fuel property;

6. Participates in a correlation program with the associate director to ensure the validity of analysis results;

7. Does not provide advance notice, except as provided in subsection (F), of the date or location of any sampling;

8. Provides a duplicate of any sample, with information regarding where and the date on which the sample was collected, upon request of the associate director, within 30 days after submitting the report required under subsection (E)(10);

9. Permits a Division official to monitor sample collection, transportation, storage, and analysis at any time; and

10. Prepares and submits a report to the associate director within 30 days after the sampling is completed that includes the following information:

a. Name of the person collecting the samples;

b. Attestation by an officer of the third party that the sampling and testing was done according to the program plan approved by the associate director under subsection (G) and the results are accurate;

c. Identification of the registered supplier for whom the sampling and testing program was conducted if the sampling and testing program was conducted for only one registered supplier;

d. Identification of the area from which the samples were collected;

e. Address of each motor fuel dispensing site from which a sample was collected;

f. Dates on which the samples were collected;

g. Results of the analysis of the samples for oxygenate type and oxygen weight percent, aromatic hydrocarbon, and olefin content, E200, E300, and vapor pressure, and the calculated VOC or NOx emissions reduction percentage, as applicable;

h. Name and address of each laboratory at which the samples were analyzed;

i. Description of the method used to select the motor fuel dispensing sites from which a sample was collected;

j. Number of samples collected at each motor fuel dispensing site; and

k. Justification for excluding a collected sample if one was excluded.

E. Requirements for oxygenate blenders.

1. Requirement to add oxygenate to AZRBOB. If an oxygenate blender receives AZRBOB from a transferor to whom the oxygenate blender represents that oxygenate will be added to the AZRBOB, the oxygenate blender shall add oxygenate to the AZRBOB in the type and amount (or within the range of amounts) identified in the documentation accompanying the AZRBOB except as provided under R3-7-755(F).

2. Additional requirements for oxygenate blending at terminals. An oxygenate blender that makes Arizona CBG by blending oxygenate with AZRBOB in a motor fuel storage tank, other than a truck used to deliver motor fuel to a retail outlet or bulk-purchaser consumer facility, shall determine the oxygen content and volume of the Arizona CBG before shipping, by collecting and analyzing a representative sample of the Arizona CBG, using the methodology in R3-7-759.

3. Additional requirements for oxygenate blending in trucks. An oxygenate blender that blends AZRBOB in a motor fuel delivery truck shall conduct a quality assurance sampling and testing program to determine whether the proper type and amount of oxygenate is added to AZRBOB. The program shall be conducted as follows:

a. All samples shall be collected subsequent to the addition of oxygenate and prior to combining the resulting gasoline with any other gasoline;

b. Sampling and testing shall be done at one of the following rates:

i. In the case computer-controlled in-line blending is used, a rate of not less than one sample per each five hundred occasions AZRBOB and oxygenate are loaded into a truck by that oxygenate blender, or one sample every three months, whichever is more frequent; or

ii. In the case computer-controlled in-line blending is not used, a rate of not less than one sample per each one hundred occasions AZRBOB and oxygenate are blended in a truck by that oxygenate blender, or one sample per month, whichever is more frequent.

c. Sampling and testing shall be of the Arizona CBG produced by that oxygenate blender;

d. Samples shall be analyzed for oxygenate type and oxygen content using the testing methodology specified in R3-7-759, including reproducibility; and

e. In the event the testing results for any sample indicate the gasoline does not contain the specified type and amount of oxygenate (within the ranges of the applicable test methods, including reproducibility), the oxygenate blender shall:

i. Immediately stop selling (or where possible, to stop any transferee of the gasoline from selling) the gasoline which was sampled;

ii. Take steps to determine and correct the cause of the noncompliance; and

iii. Increase the rate of sampling and testing to double the required frequency outlined in subsection (E)(3)(b).

f. The increased frequency in subsection (E)(3)(e)(iii) shall continue until the results of ten consecutive samples and tests indicate the gasoline complies with applicable standards, at which time the sampling and testing frequency may revert to the original frequency.

4. Additional requirements for in-line oxygenate blending in pipelines using computer-controlled blending.

a. An oxygenate blender that produces Arizona CBG by blending oxygenate with AZRBOB into a pipeline using computer-controlled in-line blending shall, for each batch of Arizona CBG produced:

i. Obtain a flow proportional composite sample after the addition of oxygenate and before combining the resulting Arizona CBG with any other Arizona CBG;

ii. Determine the oxygen content of the Arizona CBG by analyzing the composite sample within 24 hours of blending using the methodology in R3-7-759; and

iii. Determine the volume of the resulting Arizona CBG.

b. If the test results for the Arizona CBG indicate that it does not contain the amount of oxygenate specified by the ranges of the applicable test methods, the oxygenate blender shall:

i. Notify the pipeline to downgrade the Arizona CBG to conventional gasoline or transmix upon arrival in Arizona;

ii. Begin an investigation to determine the cause of the noncompliance;

iii. Collect a representative sample every two hours during each in-line blend of AZRBOB and oxygenate, and analyze the samples within 12 hours of collection, until the cause of the noncompliance is determined and corrected; and

iv. Notify the associate director in writing within one business day that the Arizona CBG does not comply with the requirements of this Article.

v. The oxygenate blender shall comply with subsection (E)(4)(b)(iii) until the associate director determines that the corrective action has remedied the noncompliance.

5. Additional requirements for oxygenate blending at motor fuel dispensing sites. An oxygenate blender that blends AZRBOB or Arizona CBG with oxygenates at a motor fuel dispensing site shall conduct a quality assurance sampling and testing program to determine whether the proper type and amount of oxygenate is added as follows:

a. The samples shall be collected subsequent to the addition of oxygenate at least once every six months.

b. Samples shall be analyzed for oxygenate type and oxygen content using the testing methodology in R3-7-759, including reproducibility.

c. In the event testing results for any sample indicate the gasoline does not contain the specified type and amount of oxygenate (within the ranges of the applicable test methods), the oxygenate blender shall:

i. Immediately stop selling the gasoline which was sampled and take steps to determine and correct the cause of the noncompliance; and

ii. Increase the rate of sampling and testing to quarterly, and continue quarterly testing until two consecutive tests indicate the gasoline complies with the applicable standards.

Recordkeeping and records retention.

a. An oxygenate blender shall maintain, for five years from the date of each sampling, records of the following:

i. Sample date;

ii. Identity of blend or product sampled;

iii. Container or other vessel sampled;

iv. Volume of final blend or shipment;

v. Oxygen content as determined under R3-7-759; and

vi. Results from all testing.

b. The associate director shall deem that Arizona CBG blended by an oxygenate blender and not tested and documented as required by this Section has an oxygen content that does not comply with the standards specified in R3-7-751 unless the oxygenate blender demonstrates to the associate director that the Arizona CBG meets the standards in R3-7-751.

c. Within 15 days of the associate director's written request, an oxygenate blender shall provide any records maintained by the oxygenate blender under this Section. If the oxygenate blender fails to provide records requested for a blend or shipment of Arizona CBG, the associate director shall deem that the blend or shipment of Arizona CBG violates R3-7-751 unless the oxygenate blender demonstrates to the associate director that the Arizona CBG meets the standards and limits under R3-7-751.

7. Notification requirement. An oxygenate blender shall notify the associate director by e-mail before transporting Arizona CBG or AZRBOB into the CBG-covered area by a means other than a pipeline.

8. Quality assurance and quality control ("QA/QC") program. An oxygenate blender that conducts sampling and testing under subsection (E) in the oxygenate blender's own laboratory shall develop a QA/QC program to demonstrate the accuracy and effectiveness of the oxygenate blender's sampling and testing of Arizona CBG or AZRBOB. The oxygenate blender shall submit the QA/QC program to the associate director for approval before transporting Arizona CBG. The associate director shall approve a QA/QC program only if the associate director determines that the QA/QC program ensures that the oxygenate blender's sampling and testing produces data that are complete, accurate, and reproducible. Instead of developing a QA/QC program, an oxygenate blender may comply with the independent testing requirements of R3-7-752(F), except that, for sampling and testing conducted under subsection (E)(3), the minimum number of samples collected and tested by the independent laboratory shall be 10% of the number of samples required to be collected and tested under subsection (E).

9. An oxygenate blender that does not conduct laboratory sampling and testing required under subsection (E) in its own laboratory shall designate an independent laboratory, as described in R3-7-752(F), to conduct the sampling and testing required under subsection (E)(8).

10. Within 24 hours of the associate director's or designee's written request, an oxygenate blender shall submit a duplicate of any sample collected under subsection (E)(8).

F. An independent third party that contracts with one or more registered suppliers to conduct a quality assurance sampling and testing program shall begin the sampling on the date selected by the associate director. The associate director shall inform the third party of the date selected at least 10 business days before sampling is to begin.

F. Downstream AZRBOB or Arizona CBG Recertification. If a registered supplier has specified blending instructions for oxygenate(s) under R3-7-752 and R3-7-755(A), an oxygenate blender may recertify AZRBOB for a different type or amount of oxygenate. The oxygenate blender is exempt from the requirements to register as a registered supplier and certify the finished Arizona CBG under R3-7-751(C) and (D), and R3-7-752, if the recertifying oxygenate blender:

1. Only recertifies AZRBOB to contain a greater amount of a specified oxygenate (e.g. the oxygenate blender adds 15 volume percent ethanol to a batch certified for the addition of 10 volume percent ethanol) or a different oxygenate at an equal or greater amount (e.g. the oxygenate blender adds 16 volume percent isobutanol to a batch certified for 10 volume percent ethanol);

2. Issues product transfer documentation that includes the information for the recertified gasoline contained in R3-7-757, unless the recertified gasoline is blended and dispensed at a motor fuel dispensing site or fleet vehicle fueling facility;

3. Meets the requirements applicable to oxygenate blenders in R3-7-755(E); and

4. Uses oxygenates meeting the requirements of R3-7-708(B) or (C), or ethanol flex fuel that meets the requirements of R3-7-708(E) to blend with AZRBOB or Arizona CBG.

G. To obtain the associate director's approval of an independent third-party quality assurance sampling and testing program plan, the person seeking the approval shall:

1. Submit the plan to the associate director no later than January 1 to cover the sampling and testing period from November 1 through March 31 of each year, and

2. Have the plan signed by an officer of the third party that will conduct the sampling and testing program.

G. Upon request, on a form or in a format prescribed by the associate director, an oxygenate blender shall report to the Division the volume of Arizona CBG recertified, including the types and amounts of oxygenate added. The report shall be submitted to the Division within 15 days of the request.

H. No later than September 1 of each year, a registered supplier that intends to meet the requirements in subsection (D) by contracting with an independent third party to conduct quality assurance sampling and testing from November 1 through March 31 shall enter into the contract and pay all of the money necessary to conduct the sampling and testing program. The registered supplier may pay the money necessary to conduct the sampling and testing program to the third party or to an escrow account with instructions to the escrow agent to release the money to the third party as the testing program is implemented. No later than September 15, the registered supplier shall submit to the associate director a copy of the contract with the third party, proof that the money necessary to conduct the sampling and testing program has been paid, and, if applicable, a copy of the escrow agreement.

I. Requirements for oxygenate blenders.

1. Requirement to add oxygenate to AZRBOB. If an oxygenate blender receives AZRBOB from a transferor to whom the oxygenate blender represents that oxygenate will be added to the AZRBOB, the oxygenate blender shall add oxygenate to the AZRBOB in the type and amount (or within the range of amounts) identified in the documentation accompanying the AZRBOB.

2. Additional requirements for oxygenate blending at terminals. An oxygenate blender that makes Arizona CBG by blending oxygenate with AZRBOB in a motor fuel storage tank, other than a truck used to deliver motor fuel to a retail outlet or bulk-purchaser consumer facility, shall determine the oxygen content and volume of the Arizona CBG before shipping, by collecting and analyzing a representative sample of the Arizona CBG, using the methodology in R3-7-759 .

3. Additional requirements for oxygenate blending in trucks. An oxygenate blender that blends AZRBOB in a motor fuel delivery truck shall conduct quality assurance sampling and testing that meets the requirements in 40 CFR 80.69(e)(2), as it existed on July 1, 1996, except for the changes listed in subsections (I)(3)(a) through (c). 40 CFR 80.69(e)(2), July 1, 1996, is incorporated by reference and on file with the Division. A copy may be obtained at the Government Publishing Office, P.O. Box 979050, St. Louis, MO 63197-9000 or bookstore.gpo.gov. The material incorporated includes no future editions or amendments.

a. 40 CFR 80.69(e)(2). The word "RBOB" is changed to read "AZRBOB;"

b. 40 CFR 80.69(e)(2)(iv) . "... using the testing methodology specified at § 80.46 ..." is changed to read "... using the testing methodology specified in R3-7-759 ...;" and

c. 40 CFR 80.69(e)(2)(v) . "(within the ranges specified in § 80.70(b)(2)(I))" is changed to read "(within the ranges of the applicable test methods)."

4. Additional requirements for in-line oxygenate blending in pipelines using computer-controlled blending.

a. An oxygenate blender that produces Arizona CBG by blending oxygenate with AZRBOB into a pipeline using computer-controlled in-line blending shall, for each batch of Arizona CBG produced:

i. Obtain a flow proportional composite sample after the addition of oxygenate and before combining the resulting Arizona CBG with any other Arizona CBG;

ii. Determine the oxygen content of the Arizona CBG by analyzing the composite sample within 24 hours of blending using the methodology in R3-7-759 ; and

iii. Determine the volume of the resulting Arizona CBG.

b. If the test results for the Arizona CBG indicate that it does not contain the amount of oxygenate specified by the ranges of the applicable test methods, the oxygenate blender shall:

i. Notify the pipeline to downgrade the Arizona CBG to conventional gasoline or transmix upon arrival in Arizona;

ii. Begin an investigation to determine the cause of the noncompliance;

iii. Collect a representative sample every two hours during each in-line blend of AZRBOB and oxygenate, and analyze the samples within 12 hours of collection, until the cause of the noncompliance is determined and corrected; and

iv. Notify the associate director in writing within one business day that the Arizona CBG does not comply with the requirements of this Article.

c. The oxygenate blender shall comply with subsection (I)(4)(b)(iii) until the associate director determines that the corrective action has remedied the noncompliance.

5. Recordkeeping and records retention.

a. An oxygenate blender shall maintain, for five years from the date of each sampling, records of the following:

i. Sample date,

ii. Identity of blend or product sampled,

iii. Container or other vessel sampled,

iv. Volume of final blend or shipment,

v. Oxygen content as determined under R3-7-759, and

vi. Results from all testing.

b. The associate director shall deem that Arizona CBG blended by an oxygenate blender and not tested and documented as required by this Section has an oxygen content that exceeds the standards specified in R3-7-751 or exceeds the comparable PM averaging limits, if applicable, unless the oxygenate blender demonstrates to the associate director that the Arizona CBG meets the standards in R3-7-751 .

c. Within 20 days of the associate director's written request, an oxygenate blender shall provide any records maintained by the oxygenate blender under this Section. If the oxygenate blender fails to provide records requested for a blend or shipment of Arizona CBG, the associate director shall deem that the blend or shipment of Arizona CBG violates R3-7-751 or exceeds the comparable PM averaging limits, if applicable, unless the oxygenate blender demonstrates to the associate director that the Arizona CBG meets the standards and limits under R3-7-751 .

6. Notification requirement. An oxygenate blender shall notify the associate director by fax or e-mail before transporting Arizona CBG or AZRBOB into the CBG-covered area by a means other than a pipeline.

7. Quality assurance and quality control (QA/QC) program. An oxygenate blender that conducts sampling and testing under subsection (I) in the oxygenate blender's own laboratory shall develop a QA/QC program to demonstrate the accuracy and effectiveness of the oxygenate blender's sampling and testing of Arizona CBG or AZRBOB. The oxygenate blender shall submit the QA/ QC program to the associate director for approval at least three months before transporting Arizona CBG. The associate director shall approve a QA/QC program only if the associate director determines that the QA/QC program ensures that the oxygenate blender's sampling and testing produces data that are complete, accurate, and reproducible. Instead of developing a QA/QC program, an oxygenate blender may comply with the independent testing requirements of R3-7-752(F), except that, for sampling and testing conducted under subsection (I)(3), the minimum number of samples collected and tested by the independent laboratory shall be 10% of the number of samples required to be collected and tested under subsection (I).

8. An oxygenate blender that does not conduct laboratory sampling and testing required under subsection (I) in its own laboratory shall designate an independent laboratory, as described in R3-7-752(F), to conduct the sampling and testing required under subsection (I)(7).

9. Within 24 hours of the associate director's or designee's written request, an oxygenate blender shall submit a duplicate of any sample collected under subsection (I)(7).

J. Subsection (A)(1)(a) will not become effective until Arizona's revised State Implementation Plan submitted by ADEQ to EPA in August 2013 and subsequent supplement submitted July 2014 is approved by EPA.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 24 A.A.R. 2666, effective 11/10/2018. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-756 Downstream Blending of Arizona CBG with Nonoxygenate Blendstocks

A. A person shall not combine Arizona CBG supplied from a production or import facility with any nonoxygenate blendstock, other than vapor recovery condensate, unless the resulting gasoline blend meets the requirements in ASTM D4814 and is not used within the CBG-covered area.

1. The blendstock added to the Arizona CBG meets all of the Arizona CBG standards regardless of the fuel properties and performance standards of the Arizona CBG to which the blendstock is added;

2. The person meets the requirements in this Article applicable to producers of Arizona CBG; and

3. The resulting fuel blend is not used within the CBG-covered area.

B. Notwithstanding subsection (A), a person may add nonoxygenate blendstock to a previously certified batch or mixture of certified batches of Arizona CBG that does not comply with one or more of the applicable per-gallon standards contained in R3-7-751(A) or (B) if the person obtains prior written approval from the associate director based on a demonstration that adding the blendstock will bring the previously certified Arizona CBG into compliance with the applicable per-gallon standards for Arizona CBG. The oxygenate blender or registered supplier shall certify the re-blended Arizona CBG to the Division, on a form or in a format prescribed by the associate director.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-757 Product Transfer Documentation; Records Retention

A. If a person transfers custody or title to Arizona CBG or AZRBOB, other than when Arizona CBG is sold or dispensed at a motor fuel dispensing site or fleet vehicle fueling facility, the transferor shall provide to the transferee documents that include the following:

1. Volume of Arizona CBG or AZRBOB being transferred;

Location of the Arizona CBG or AZRBOB at the time of transfer;

3. Date of the transfer;

4. Product transfer document number;

5. Identification of the gasoline as Arizona CBG or AZRBOB;

6. Minimum octane rating of the Arizona CBG or AZRBOB;

7. For Arizona CBG that contains an oxygenate, a legible and conspicuous statement that the gasoline being transferred contains an oxygenate and lists the type and percentage concentration of the oxygenate;

If the product transferred is AZRBOB for which oxygenate blending is intended:

a. Identification of the fuel as AZRBOB and a statement that the "AZRBOB does not comply with the standards for Arizona CBG without the addition of oxygenate";

b. Oxygenate type or types and amount or range of amounts that the AZRBOB requires to meet the fuel properties or performance standards claimed by the registered supplier of the AZRBOB, and the applicable specifications for volume percent of oxygenate and weight percent oxygen content; and

c. Instructions to the transferee that the AZRBOB may not be combined with any other AZRBOB unless the other AZRBOB has the same requirements for oxygenate type or types and amount or range of amounts; and

9. The final destination:

a. When a terminal is the transferor, the owner or the operator shall include on the product transfer document the terminal name and address and the transporter name and address;

b. When a transporter is the transferor, the transporter shall include on the product transfer document the name and address of the transporter and the final destination, which is the location at which the motor fuel will be delivered and off loaded from the truck; and

c. When a jobber or marketer is the transferor, the jobber or marketer shall include on the product transfer document the name and address of the jobber or marketer and the final destination, which may be a final distribution facility or a motor fuel dispensing site.

B. To enable a transferor to comply fully with the requirement in subsection (A)(9), the transferee shall supply to the transferor information regarding the final destination.

C. A registered supplier, third-party terminal, or pipeline may comply with subsection (A) by using standardized product codes on pipeline tickets if the codes are specified in a manual distributed by the pipeline to transferees of the Arizona CBG or AZRBOB, and the manual includes all required information for the Arizona CBG or AZRBOB.

D. Any transferee in subsection (A), other than a registered supplier, oxygenate blender, third-party terminal, pipeline, motor fuel dispensing site, or fleet vehicle fueling facility shall retain product transfer documents for each shipment of Arizona CBG or AZRBOB transferred during the 24 months before the most recent transfer. The transferee shall maintain product transfer documents for the 30 days before the most recent transfer at the business address listed on the product transfer document. The transferee may maintain all remaining product transfer documents for the preceding 24 months elsewhere.

E. A motor fuel dispensing site or fleet vehicle fueling facility shall retain product transfer documents for each shipment of Arizona CBG transferred during the 12 months before the most recent transfer. The motor fuel dispensing site or fleet vehicle fueling facility shall maintain product transfer documents for the three most recent transfers on the premises. The motor fuel dispensing site or fleet vehicle fueling facility may maintain the remaining product transfer documents for the preceding 12 months elsewhere.

F. A registered supplier, oxygenate blender, third-party terminal, or pipeline shall retain product transfer documents for each shipment of Arizona CBG or AZRBOB transferred during the 60 months before the most recent transfer. The transferee shall maintain product transfer documents for each shipment of Arizona CBG or AZRBOB transferred during the 30 days preceding the most recent transfer at the business address listed on the product transfer document. The transferee may maintain all remaining product transfer documents for the preceding 60 months elsewhere.

G. When a person transfers custody or title of an oxygenate that is intended for use in AZRBOB or Arizona CBG, the person shall provide the transferee a document that prominently states that the oxygenate complies with the standards for an oxygenate intended for use in AZRBOB or Arizona CBG.

H. G. Upon request by the associate director or designee, a person shall present product transfer documents to the Division within two business days of the request. Legible photocopies or electronic copies of the product transfer documents are acceptable.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 24 A.A.R. 2666, effective 11/10/2018. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-758 [Repealed]

History

• Repealed Section R3-7-758 recodified Section R20-2-758 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R3-7-759 Testing Methodologies

A. Except as provided in subsection (C), a registered supplier certifying Arizona CBG or AZRBOB as meeting the requirements of this Article shall use one of the EPA- or CARB-approved ASTM methods listed in Table A, a copy of which may be obtained at: ASTM International, 100 Bar Harbor Drive, West Conshohocken, PA 19428-2959 or www.astm.org. A copy of the CARB methods may be obtained at: California Air Resources Board, P.O. Box 2815, Sacramento, CA 95812 or www.arb.ca.gov.

B. An oxygenate blender or third-party terminal certifying Arizona CBG or AZRBOB before transport to the CBG-covered area shall measure the oxygenate content in accordance with the oxygenate blender's or third-party terminal's approved QA/QC program or in accordance with one of the methods listed in Table A.

C. Rather than using a method listed in Table A to certify Arizona CBG or AZRBOB, a registered supplier may use the CARBOB Model and use the fuel-quality measures calculated using the CARBOB Model for compliance and reporting purposes.

D. A test method that the Division determines is equivalent to those listed in Table A may be used to certify Arizona CBG or AZRBOB. The Division has determined that test methods approved by either the EPA or CARB are equivalent test methods. To determine whether a proposed test method is equivalent to those listed in Table A, the Division shall thoroughly review data from both the proposed and designated test methods and assess whether the accuracy and precision of the proposed method is equal to or better than the accuracy and precision of the designated method and whether there is significant bias between the two methods. The Division shall approve a proposed test method only if the Division determines that the accuracy and precision of the proposed test method is equal to or better than the accuracy and precision of the designated method and receives the concurrence of the EPA Regional Administrator. A correlation equation may be required to align the two methods. If a correlation equation is required to align the two methods, the correlation equation becomes part of the equivalent method.

D. A test method that the Division determines is equivalent to those listed in Table A may be used to certify Arizona CBG or AZRBOB. The Division has determined that test methods approved by either EPA methodology described in 40 CFR 1090.1360 or CARB are equivalent test methods. EPA referee methods from 40 CFR 80.47 as it existed December 31, 2020, may be used if the tested property is not listed in 40 CFR 1090.1360. If a correlation equation is required by EPA, CARB, or the ASTM test method, the correlation equation shall be used to align the test methods, and becomes part of the equivalent test method.

E. Subsections (C) and (D) will not become effective until Arizona's revised State Implementation Plan submitted by ADEQ to EPA in August 2013 and subsequent supplement submitted July 2014 is approved by EPA.

Table A. Arizona Weights and Measures Services Division Test Methods for Arizona CBG and AZRBOB

| Fuel Parameter | Units | EPA-approved Test Method | EPA-approved Reproducibility | CARB-approved Test Method | CARB-approved Reproducibility | | --- | --- | --- | --- | --- | --- | | Aromatics | V% | D5769-04 | | | | | V% | D1319-02a (2003)A | 1.65 | D5580-00 | 1.4 | | | Benzene | V% | D3606-99 (2007) | 0.21 | D5580-00 | 0.1409 (X) 1.133 | | Olefins | V% | D1319-02a (2003) | 0.32 (x)0.5 | D6550-00 (2005) if correlated to D1319 | 0.32 (X) 0.5; Footnote 1 | | Oxygenates | W% | D5599-00 | See test method | D4815-99 (2004) | See test method | | W% | D4815-99 (2004)B | See test method | | | | | Vapor Pressure (Correlation Equation) Footnote 2 | psi | D5191-01 (2007) | 0.3 | 13 CCR Section 2297 | 0.21 | | Sulfur | wppm | D2622-98 (2005) | D5453-93 | 0.2217 (x) 0.92 wppm | | | D2622-94 (modified) | 10-30 wppm R=0.405 (x) > 30 wppm R =0.192 (x) | | | | | | Distillation T50 | deg F | D86-01 (2007b) | See test method | D86-99ae1 | See test method | | Distillation T90 | deg F | D86-01 (2007b) | See test method | D86-99ae1 | See test method | | AA refinery refiner, blender, or importer may determine aromatics content using ASTM D1319-02a (2003) D1319-20a if the result is correlated to ASTM D5769-98 (2004) D5769-20. BA refinery refiner, blender, or importer may determine oxygenate content using ASTM D4815-99 (2004) if the result is correlated to ASTM D5599-00 (2005). Footnotes: 1. Replace the last sentence in ASTM D6550-00 (2005) Section 1.1 with the following: "The application range is from 0.3 to 25 mass percent total olefin, as defined in Section 2263(b), Title 13, California Code of Regulations. If olefin concentrations are not detected, substitute one-half of the detection limit." 2. When determining vapor pressure, the only correlation equation to be used is equation 1 in ASTM D5191-07, Section 14.2, ASTM equation ((.965X)-A). | | | | | |

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 24 A.A.R. 2666, effective 11/10/2018. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-760 Compliance Surveys

A. A registered supplier that elects to certify that Arizona CBG or AZRBOB meets an averaging standard under R3-7-751 shall ensure that compliance surveys are conducted in accordance with a compliance survey program plan approved by the associate director. The associate director shall approve a compliance survey program plan if it:

1. Consists of at least four VOC and NOx surveys conducted at least one per month between May 1 through September 15 of each year, and

2. Complies with subsection (J).

A. A registered supplier shall conduct surveys for oxygenate blending during the winter and a compliance survey during the summer. The winter survey shall be conducted following the requirements in subsection (A), or using an independent third-party surveyor following the requirements in subsections (B) and (D). The summer survey shall be conducted following the requirements in subsection (C), or using an independent third-party surveyor following the requirements in subsections (C) and (D). Surveys for oxygenate blending during the winter: A registered supplier supplying AZRBOB from a production or import facility shall conduct an oxygenate blending survey program to be carried out at the facilities of each oxygenate blender who blends any AZRBOB produced or imported by the refiner or importer with any oxygenate, to determine whether the Arizona CBG, which has been produced through blending, complies with the applicable standards using the methodology specified in R3-7-759 . The sampling and testing program shall be conducted as follows:

Samples shall be collected in accordance with ASTM D4057 and be analyzed for oxygenates. All samples shall be collected subsequent to the addition of oxygenate and prior to combining the resulting gasoline with any other gasoline.

2. Sampling and testing shall be at one of the following rates, regardless of the amount of oxygenate added:

a. In the case of AZRBOB which is blended with oxygenate in a gasoline storage tank, a rate of not less than one sample for every 400,000 barrels of AZRBOB produced or imported by that refiner or importer that is blended by that oxygenate blender, or one sample every month, whichever is more frequent;

b. In the case of AZRBOB which is blended with oxygenate in gasoline delivery trucks through the use of computer-controlled in-line blending equipment, a rate of not less than one sample for every 200,000 barrels of AZRBOB produced or imported by that refiner or importer that is blended by that oxygenate blender, or one sample every three months, whichever is more frequent; or

c. In the case of AZRBOB which is blended with oxygenate in gasoline delivery trucks without the use of computer-controlled in-line blending equipment, a rate of not less than one sample for each 50,000 barrels of AZRBOB produced or imported by that refiner or importer which is blended, or one sample per month, whichever is more frequent.

3. In the event that the test results for any sample indicate the gasoline does not comply with applicable standards, including reproducibility, the refiner or importer shall:

a. Immediately take steps to stop the sale of the gasoline that was sampled;

b. Take steps which are reasonably calculated to determine and correct the cause of the noncompliance;

c. Increase the rate of sampling and testing to double the required frequency outlined in subsection (A)(2); and

d. Continue the increased frequency of sampling and testing until the results of ten consecutive samples and tests indicate the gasoline complies with applicable standards, at which time the sampling and testing may be conducted at the original frequency.

This survey program conducted by a registered supplier shall be conducted in addition to any survey requirements carried out under this subsection by other registered suppliers.

B. If a registered supplier fails to ensure that an approved compliance survey program is conducted, the associate director shall issue an order requiring the registered supplier to comply with all applicable fuel property and performance standards on a per-gallon basis for six months or through the end of the survey period identified in subsection (A)(1), whichever is longer. Regardless of when a failure to survey occurs, the associate director's order shall require compliance with per-gallon standards from the beginning of the survey period during which the failure to survey occurs.

B. Instead of conducting the oxygenate blending survey program in subsection (A), the registered supplier may use an independent third-party surveyor to conduct a winter oxygenate blending survey that meets the following requirements:

Designed and conducted by an independent third-party surveyor that meets the requirements of subsection (D)(2)(a);

2. Conducted November 1 through March 31 on all samples collected under the program design approved by the associate director under subsection (D);

Involves sampling and testing that is representative of all Arizona CBG dispensed in the CBG-covered area, including a representative number of E15 samples;

4. Analyzes each sample for oxygenate according to the methodologies specified in R3-7-759;

5. Collects samples of gasoline produced at blender pumps using "Method #1" of the E15 Sampling Procedure specified in Handbook 158;

6. Verifies compliance of E15 labeling requirements at gasoline retail outlets that offer E15 for sale; and

7. Includes a sufficient amount of samples to ensure that the average levels of oxygen is determined at a 95% confidence level with an error of 0.1% or less for oxygen by weight.

C. General compliance survey requirements. A registered supplier shall ensure that a compliance survey conforms to the following:

1. Consists of all samples that are collected under an approved survey program plan during any consecutive seven days and that are not excluded under subsection (C)(4);

2. Is representative of all Arizona CBG being dispensed in the CBG-covered area as provided in subsection (G);

3. Analyzes each sample included in the compliance survey for oxygenate type and content, olefins, sulfur, aromatic hydrocarbons, E200, E300, and vapor pressure according to the test methods in R3-7-759 . Vapor pressure is required to be analyzed only from May 1 through September 15;

4. Bases the results of the compliance survey upon an analysis of each sample collected during the course of the compliance survey, unless a sample does not comply with the applicable per gallon maximum or minimum fuel property standard being evaluated in addition to any reproducibility that applies to the fuel property standard; and

5. If a laboratory analyzes the compliance survey samples, the laboratory participates in a correlation program with the associate director to ensure the validity of analysis results.

C. Summer Compliance Surveys. A registered supplier shall ensure that compliance surveys are conducted in accordance with a compliance survey program plan approved by the associate director. A registered supplier may use an independent third-party surveyor as outlined in subsection (D) to conduct a summer compliance survey. The associate director shall approve a compliance survey program plan if the plan:

1. Consists of at least four VOC and NOx surveys conducted at least once per month between June 1 and September 30 of each year;

2. Consists of all samples that are collected under an approved survey program plan during any consecutive seven days;

3. Is representative of all Arizona CBG being dispensed in the CBG-covered area including a representative number of E15 samples;

4. Includes enough samples to ensure that the average levels of oxygen, vapor pressure, aromatic hydrocarbons, olefins, T50, T90, and sulfur are determined at a 95% confidence level with an error of:

a. 0.1% or less for oxygen by weight;

b. 0.1 psi for vapor pressure;

c. 0.5% for aromatic hydrocarbons by volume;

d. 0.5% for olefins by volume;

e. 5º F for T50 and T90; and

f. 10 ppm for sulfur.

5. Analyzes each sample included in the compliance survey for oxygenate type and content, olefins, sulfur, aromatic hydrocarbons, E200, E300, and vapor pressure according to the test methods in R3-7-759 (vapor pressure is required to be analyzed only from June 1 through September 30); and

6. If a laboratory analyzes the compliance survey samples, the laboratory participates in a correlation program approved by the associate director to ensure the validity of analysis results.

7. For each compliance survey sample, determine the VOC and NOx emissions reduction percentage based upon the tested fuel properties for that sample using the methodology for calculating VOC and NOx emissions reductions under the Federal Complex Model.

D. If the associate director determines that a sample used in a compliance survey does not comply with R3-7-751 or another requirement under this Article, the associate director shall take enforcement action against the registered supplier.

D. An independent third-party surveyor may conduct the winter oxygenate blending survey outlined in subsection (B) and the summer compliance survey outlined in subsection (C), if the survey program:

1. Is approved by the associate director;

2. Is designed and conducted by a third-party surveyor that is independent of the registered supplier. To be considered independent:

a. The surveyor shall not be an employee of any registered supplier;

b. The surveyor shall not have an obligation to, or interest in, any registered supplier; and

c. The registered supplier shall not have an obligation to or interest in the surveyor.

3. Requires that the surveyor not provide advance notice, except as provided in subsection (D)(8), of the date or location of any survey sampling;

Provides a duplicate of any sample taken during the survey to the associate director, upon request of the associate director within 30 days following submission of the survey report required under subsection (D)(7), including:

a. Information regarding the name and address of the facility from where the sample was collected, and

b. The date of collection;

5. Requires that the surveyor permit a Division official to monitor sample collection, transportation, storage, and analysis at any time;

6. Requires the laboratory to participate in a correlation program approved by the associate director to ensure the validity of analysis results;

7. Requires the surveyor to submit a report of each survey to the associate director within 30 days after sampling is completed, including the following information:

a. Name of the person conducting the survey;

b. Attestation by an officer of the surveyor that the sampling and testing was conducted according to the compliance survey program plan and the results are accurate;

c. Identification of the registered supplier for whom the compliance survey was conducted if the compliance survey was conducted for only one registered supplier;

d. Identification of the area from which survey samples were selected;

e. Dates on which the survey was conducted;

f. Address of each facility at which a sample was collected, and the date of collection;

g. Name and address of each laboratory at which samples were analyzed;

h. Description of the method used to select the facilities from which a sample was collected;

i. Number of samples collected from each facility;

j. Justification for excluding a collected sample from the survey, if one was excluded; and

k. For a survey conducted under subsection (A), analyzes each sample for oxygenate according to the methodologies specified in R3-7-759; or

l. For a survey conducted under subsection (C), results of the sample analysis for oxygenate type, oxygen weight percent, aromatic hydrocarbons, olefin content, E200, E300, vapor pressure, and the calculated VOC or NOx emissions reduction percentage, as applicable, for each survey conducted during the period identified in subsection (C)(1);

8. Begins each survey on a date selected by the associate director, or as approved in the survey program. The associate director shall notify the surveyor of the date selected at least 10 days before the survey is to begin.

E. To obtain the associate director's approval of a survey program plan, the person seeking approval shall:

1. Submit the plan to the associate director no later than January 1 to cover the survey period of November 1 through March 31 or June 1 through September 15 of each year, as applicable; and

2. Have the plan signed by a corporate officer of the registered supplier or by an officer of the independent third-party surveyor.

3. The CBG-covered area fails a NOx compliance survey if the NOx emissions reduction percentage average of all samples collected during the compliance survey is less than the per-gallon standard for NOx emissions reduction percentage in Table 1, column A.

F. If the associate director determines that a sample used in a compliance survey does not comply with R3-7-751 or another requirement under this Article, the associate director may take enforcement action against the registered supplier, oxygenate blender, and/or retail location.

1. For each compliance survey sample, the NOx emissions reduction percentage is determined based upon the tested fuel properties for that sample using the methodology for calculating NOx emissions reduction at 40 CFR 80.45, as incorporated by reference in R3-7-702 ; and

2. The CBG-covered area fails the NOx series of compliance surveys conducted May 1 through September 15 if the NOx emissions reduction percentage average for all compliance survey samples collected during that time is less than the Federal Complex Model per-gallon standard for the NOx emissions reduction percentage in Table 1, column A.

G. If a registered supplier fails to ensure that an approved compliance survey program is conducted, the associate director may consider all batches delivered into the CBG-covered area during the survey period as non-compliant.

1. Is designed and conducted by a surveyor that is independent of the registered supplier. To be considered independent:

a. The surveyor shall not be an employee of any registered supplier,

b. The surveyor shall not have an obligation to or interest in any registered supplier, and

c. The registered supplier shall not have an obligation to or interest in the surveyor;

2. Includes enough samples to ensure that the average levels of oxygen, vapor pressure, aromatic hydrocarbons, olefins, T50, T90, and sulfur are determined with a 95 percent confidence level, with error of less than 0.1 psi for vapor pressure, 0.1 percent for oxygen (by weight), 0.5 percent for aromatic hydrocarbons (by volume), 0.5 percent for olefins (by volume), 5°F for T50 and T90, and 10 wppm for sulfur;

3. Requires that the surveyor not provide advance notice, except as provided in subsection (H), of the date or location of any survey sampling;

4. Requires that the surveyor provide a duplicate of any sample taken during the survey, with information regarding the name and address of the facility from and the date on which the sample was taken, upon request of the associate director, within 30 days following submission of the survey report required under subsection (G)(6);

5. Requires that the surveyor permit a Division official to monitor sample collection, transportation, storage, and analysis at any

6. Requires the surveyor to submit a report of each survey to the associate director within 30 days after sampling for the survey is completed that includes the following information:

a. Name of the person conducting the survey;

b. Attestation by an officer of the surveyor that the sampling and testing was conducted according to the compliance survey program plan and the results are accurate;

c. Identification of the registered supplier for whom the compliance survey was conducted if the compliance survey was conducted for only one registered supplier;

d. Identification of the area from which survey samples were selected;

e. Dates on which the survey was conducted;

f. Address of each facility at which a sample was collected, and the date of collection;

g. Results of the analysis of samples for oxygenate type and oxygen weight percent, aromatic hydrocarbon, and olefin content, E200, E300, and vapor pressure, and the calculated VOC or NOx emissions reduction percentage, as applicable, for each survey conducted during the period identified in subsection (A)(1);

h. Name and address of each laboratory at which samples were analyzed;

i. Description of the method used to select the facilities from which a sample was collected;

j. Number of samples collected from each facility;

k. Justification for excluding a collected sample from the survey, if one was excluded; and

l. Average VOC and NOx emissions reduction percentage.

H. No later than April 1 of each year, a registered supplier that intends to meet the requirements in subsections (A) and (C) by contracting with an independent third-party surveyor to conduct the compliance survey plan for the next summer and winter season shall enter into the contract and pay all of the money necessary to conduct the compliance survey plan. The registered supplier may pay the money necessary to conduct the compliance survey plan to the independent third-party surveyor or to an escrow account with instructions to the escrow agent to release the money to the independent third-party surveyor as the compliance survey plan is implemented. No later than April 15, the registered supplier shall submit to the associate director a copy of the contract with the independent third-party surveyor, proof that the money necessary to conduct the compliance survey plan has been paid, and, if applicable, a copy of the escrow agreement.

I. A registered supplier is exempt from the survey requirements of this section if they supply less than 1,000,000 gallons of Arizona CBG or AZRBOB within a calendar year.

1. Submit the plan to the associate director no later than January 1 to cover the survey period of May 1 through September 15 of each year, and

2. Have the plan signed by a corporate officer of the registered supplier or by an officer of the independent surveyor.

J. No later than April 1 of each year, a registered supplier that intends to meet the requirements in subsection (A) by contracting with an independent surveyor to conduct the compliance survey plan for the next summer and winter season shall enter into the contract and pay all of the money necessary to conduct the compliance survey plan. The registered supplier may pay the money necessary to conduct the compliance survey plan to the independent surveyor or to an escrow account with instructions to the escrow agent to release the money to the independent surveyor as the compliance survey plan is implemented. No later than April 15, the registered supplier shall submit to the associate director a copy of the contract with the independent surveyor, proof that the money necessary to conduct the compliance survey plan has been paid, and, if applicable, a copy of the escrow agreement.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-761 Liability for Noncompliant Arizona CBG or AZRBOB

A. Persons liable. If motor fuel designated as Arizona CBG or AZRBOB does not comply with R3-7-751, the following are liable for the violation:

1. Each person who owns, leases, operates, controls, or supervises a facility where the noncompliant Arizona CBG or AZRBOB is found;

Each registered supplier whose corporate, trade, or brand name, or whose marketing subsidiary's corporate, trade, or brand name, appears at a facility where the noncompliant Arizona CBG or AZRBOB is found; and

3. Each person who manufactured, imported, sold, offered for sale, dispensed, supplied, offered for supply, stored, transported, or caused the transportation of any gasoline in a storage tank containing Arizona CBG or AZRBOB found to be noncompliant.

B. Defenses.

1. A person who is otherwise liable under subsection (A) is not liable if that person demonstrates:

a. That the violation was not caused by the person or person's employee or agent;

b. That product transfer documents account for all of the noncompliant Arizona CBG or AZRBOB and indicate that the Arizona CBG or AZRBOB complied with this Article; and

c. That the person had a quality assurance sampling and testing program, as described in subsection (C) in effect at the time of the violation; except that any person who transfers Arizona CBG or AZRBOB, but does not assume title, may rely on the quality assurance program carried out by another person, including the person who owns the noncompliant Arizona CBG or AZRBOB, provided the quality assurance program is properly administered.

2. If a violation is found at a facility that operates under the corporate, trade, or brand name of a registered supplier, that registered supplier must show, in addition to the defense elements in subsection (B)(1), that the violation was caused by:

a. A violation of law other than A.R.S. Title 3, Chapter 19, Article 6, this Article, or an act of sabotage or vandalism;

b. A violation of a contract obligation imposed by the registered supplier designed to prevent noncompliance, despite periodic compliance sampling and testing by the registered supplier; or

c. The action of any person having custody of Arizona CBG or AZRBOB not subject to a contract with the registered supplier but engaged by the registered supplier for transportation of Arizona CBG or AZRBOB, despite specification or inspection of procedures and equipment by the registered supplier designed to prevent violations.

3. To show that the violation was caused by any of the actions in subsection (B)(2), the person must demonstrate by a preponderance of the evidence, that the violation was caused or must have been caused by another person.

C. Quality assurance sampling and testing program. To demonstrate an acceptable quality assurance program for Arizona CBG or AZR-BOB, at all points in the gasoline distribution network, other than at a motor fuel dispensing site or fleet vehicle fueling facility, a person shall present evidence:

1. Of a periodic sampling and testing program to determine compliance with the maximum or minimum standards in R3-7-751; and

2. That each time Arizona CBG or AZRBOB is noncompliant with one of the requirements in R3-7-751 :

a. The person immediately ceases selling, offering for sale, dispensing, supplying, offering for supply, storing, transporting, or causing the transportation of the noncompliant Arizona CBG or AZRBOB; and

b. The person remedies the violation as soon as practicable.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-762 Penalties

Any person who violates any provision of this Article is subject to the following:

Prosecution for a Class 2 misdemeanor under A.R.S. § 3-3473(B)(4);

2. Civil penalties under A.R.S. §§ 3-3473 and 3-3475; and

3. Stop-use, stop-sale, hold, and removal orders under A.R.S. § 3-3415(A)(2).

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Article 9 [Repealed]

Ariz. Admin. Code § R3-7-901 [Repealed]

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Repealed by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-902 [Repealed]

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Repealed by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-903 [Repealed]

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Repealed by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-904 [Repealed]

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Repealed by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-905 [Repealed]

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Repealed by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-906 [Repealed]

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. New Section R3-7-906 recodified from Section R20-2-906 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Repealed by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-907 [Repealed]

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Repealed by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-908 [Repealed]

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Repealed by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-909 [Repealed]

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Repealed by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-910 [Repealed]

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Repealed by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-911 [Repealed]

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Repealed by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-912 [Repealed]

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Repealed by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-913 [Repealed]

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Repealed by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Article 10 STAGE I VAPOR RECOVERY

Ariz. Admin. Code § R3-7-1001 Material Incorporated by Reference

The following documents are incorporated by reference and on file with the Division. The documents incorporated by reference contain no later amendments or editions:

California Environmental Protection Agency, Air Resources Board, Vapor Recovery Test Procedure TP-201.1B, Static Torque of Rotatable Phase 1 Adaptors, October 8, 2003 edition, California Air Resources Board, P.O. Box 2815, 2020 L. Street, Sacramento, California 95812-2815 (herein referred to as "CARB TP-201.1B").

2. California Environmental Protection Agency, Air Resources Board, Vapor Recovery Test Procedure TP-201.1C, Leak Rate of Drop Tube/Drain Valve Assembly, October 8, 2003 edition, California Air Resources Board, P.O. Box 2815, 2020 L. Street, Sacramento, California 95812-2815.

3. California Environmental Protection Agency, Air Resources Board, Vapor Recovery Test Procedure TP-201.1D, Leak Rate of Drop Tube Overfill Protection Devices and Spill Container Drain Valves, October 8, 2003 edition, California Air Resources Board, P.O. Box 2815, 2020 L. Street, Sacramento, California 95812-2815.

4. 2. California Environmental Protection Agency, Air Resources Board, Vapor Recovery Test Procedure TP-201.1E, Leak Rate and Cracking Pressure of Pressure/Vacuum Vent Valves, October 8, 2003 edition, California Air Resources Board, P.O. Box 2815, 2020 L. Street, Sacramento, California 95812-2815 (herein referred to as "CARB TP-201.1E").

5. 3. California Environmental Protection Agency, Air Resources Board, Vapor Recovery Test Procedure TP-201.3, Determination of 2 Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities, July 26, 2012 edition, California Air Resources Board, P.O. Box 2815, 2020 L. Street, Sacramento, California 95812-2815 (herein referred to as "CARB TP-201.3").

6. 4. California Environmental Protection Agency, Air Resources Board, Vapor Recovery Test Procedure TP-201.3C, Determination of Vapor Piping Connections to Underground Gasoline Storage Tanks (Tie-Tank Test), March 17, 1999 edition, California Air Resources Board, P.O. Box 2815, 2020 L. Street, Sacramento, California 95812-2815 (herein referred to as "CARB TP-201.3C").

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-1002 Exemptions

A. The owner or operator of a gasoline dispensing site at which the site's stage II vapor recovery system has not been decommissioned in accordance with R3-7-913 is exempt from the provisions of this Article but shall comply with the provisions of Article 9.

B. An owner or operator of a gasoline dispensing site with a gasoline throughput that does not exceed that specified in A.R.S. § 3-3512(B) may file for an exemption from this Article. To obtain an exemption, the owner or operator of the gasoline dispensing site shall submit an annual throughput report to the Division, using a form prescribed by the Division, no later than March 30 of each year and attest to the throughput during each month of the previous calendar year. If the owner or operator fails to file an annual throughput report timely or if the annual throughput report indicates the exemption limit specified in A.R.S. § 3-3512(B) was exceeded, the Division shall deem the exemption void.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-1003 Equipment and Installation

A. The Division shall reject a stage I vapor recovery system or component from future installation if:

1. Federal regulations prohibit its use;

2. The vapor recovery system or component does not meet the manufacturer's specifications as certified by CARB using test methods approved in R3-7-1001; or

3. The vapor recovery system or component fails greater than 20% of Division inspections for that system or component or the Division receives equivalent failure results from a vapor recovery registered service agency, as defined and regulated by Article 6, or from another jurisdiction's vapor recovery program, and the Division provides at least 30 days public notice of its proposed rejection.

B. The piping of a stage I vapor recovery system shall be designed and constructed as certified by CARB for that specific vapor recovery system. A person shall not alter a stage I vapor recovery system or component from the CARB-certified configuration without obtaining Division approval under R3-7-1004 . All components installed with the stage I vapor recovery system shall be certified by CARB or approved by the Division as required under A.R.S. § 3-3512.

C. If Division inspection or test data reveal a deficiency in a fitting, assembly, or component that cannot be permanently corrected, the deficient fitting, assembly, or component shall not be used in Arizona.

D. A stage I liquid or vapor spill containment bucket may have a plugged drain rather than a drain valve if a hand-operated pump is kept onsite for draining entrapped liquid.

E. A stage I vapor recovery system shall have pressure/vacuum (P/V) threaded valves on top of the vent lines for gasoline storage tanks.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-1004 Application Requirements and Process for Authority to Construct Plan Approval

A. A person shall not begin to construct a stage I vapor recovery system or to make a modification of an existing stage I vapor recovery system before applying for and obtaining an Authority to Construct permit. A modification is:

1. Adding or replacing a gasoline storage tank that is equipped with a stage I vapor recovery system;

2. Modifying, adding, or replacing vent piping; or

3. Conducting construction at the tank top that exposes stage I or stage II vapor recovery piping.

B. A person shall file with the Division a written change order, using a form provided by the Division, to obtain a modification of the approved vapor recovery system or component if a modification is needed after the Division issues an Authority to Construct permit. The person shall not make any modification until the Division approves the change order.

C. To obtain an Authority to Construct permit, a person shall submit to the Division, on a form provided by the Division, the following:

1. The name, address, and telephone number of any owner, operator, and proposed contractor, if known;

2. The name of the stage I vapor recovery system or component to be installed along with the CARB certification for that system or component;

3. The street address of the site where construction or modification will take place with an estimated timetable for construction or modification;

4. A copy of a blueprint or scaled site plan for the vapor recovery system or component including all stage I vapor recovery equipment and stage I vapor recovery piping detail; and

5. The application fee specified under R3-7-1006.

D. A person shall ensure that an installed or modified stage I vapor recovery system meets the following requirements:

1. Has CARB-certified product and vapor adaptors that prevent loosening or over-tightening of the stage I product and vapor adaptors;

2. Consists of a two-point stage I system with separate fill and vapor connection points. Coaxial stage I vapor recovery systems shall not be used;

3. Has a submerged fill pipe that has the fill pipe's highest point of discharge no more than six inches from the tank bottom;

4. Has no tank containing motor fuel other than gasoline connected to the vapor piping;

5. Has vapor piping with a minimum 1/8 inch slope per foot from the vent riser to the tank;

5. 6. Uses cement that is resistant to deterioration from exposure to water, hydrocarbons, and alcohol to join all pipes;

6. 7. Has tank vent pipes that extend at least 12 feet above the elevation of the stage I fill points;

7. 8. Has tank vent pipes with a minimum inside diameter of:

a. Two inches if the pipe is not manifolded, or

b. Three inches from the point of manifold for a single vent line;

8. 9. Has pressure vacuum vent valves that are attached to the tank vent pipes by a threaded connection;

9. 10. If a gasoline tank is installed in an enclosed vault, has an emergency vent in addition to the pressure vacuum vent valve required under subsection (D)(9);

10. 11. Has risers into gasoline storage tanks that are covered with caps approved by Underwriters Laboratories;

11. 12. Has lead wires for instrumentation that pass through a leak-tight grommet with a compression fitting suitable for exposure to gasoline vapors;

12. 13. Has storage tank vent pipes and fill and vapor manhole tops that are painted a color that minimizes solar gain and has a Light Reflectance Value ("LRV") of at least 55%, according to the following principles:

a. Reflectivity shall be determined by visually comparing the paint with paint-color cards obtained from a paint manufacturer that uses either the Master Palette system to specify the paint color (e.g. 58YY 88/180, where "88" represents the paint reflectivity percentage), or notes the LRV for a specific color;

b. Examples of colors have a LRV of at least 55% include, but are not limited to, yellow, light gray, aluminum, tan, red iron oxide, cream or pale blue, light green, glossy gray, light blue, light pink, light cream, white, silver, beige, tin plate, and mirrored finish;

c. A manhole cover that is color coded for product identification is exempt from this subsection; and

13. 14. Complies with other requirements outlined in the Authority to Construct permit.

E. After review and approval of the Authority to Construct application, the Division shall issue the Authority to Construct permit and mail or e-mail the permit to the address indicated on the application.

1. A copy of the Authority to Construct permit shall be maintained at the facility during construction so that it is accessible for Division review.

2. Construction of a stage I vapor recovery system or component at a site not having an Authority to Construct permit, shall be stopped and no further installation work done until an Authority to Construct permit is obtained.

3. An Authority to Construct permit is not transferable.

F. The Division shall deny an Authority to Construct application for any of the following reasons:

1. Providing incomplete, false, or misleading information; or

2. Failing to meet the requirements stated in this Chapter.

G. If excavation is involved, the Division may visually inspect the stage I underground piping of a gasoline dispensing site before the piping is buried for compliance with the Authority to Construct permit. The owner or operator of a vapor recovery system or component shall give the Division notice by e-mail at least two business days before the underground piping is complete to schedule the inspection. The Division may require the owner or operator to excavate all piping not inspected before burial if the owner or operator does not give the required two business days' notice.

H. After construction is complete, a person who has a valid Authority to Construct permit may dispense gasoline for up to 90 days before final approval if an initial inspection is scheduled according to R3-7-1005.

I. An Authority to Construct permit expires one year from the date of issue or when a gasoline dispensing site is placed into service following installation or modification of an approved vapor recovery system, whichever is sooner.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-1005 Initial Inspection and Testing

A. Within 10 days after beginning the dispensing of gasoline at a site that requires an Authority to Construct permit, a person shall provide the Division with a written certification of completion by the contractor and schedule an inspection that includes tests and acceptance criteria specified in the Authority to Construct permit and this subsection. The inspection shall be witnessed by the Division at a time approved by the Division and include the following tests:

1. A pressure decay test for each vapor control system including underground storage tanks and tank vents using CARB TP-201.3 test procedures, as follows:

a. All test procedures pertaining to stage I vapor recovery systems shall be followed except the post-test procedures in section 8 and the calculations in section 9 of the CARB TP-201.3 test procedures;

b. The compliance status of the site shall be determined by comparing the final five-minute pressure with the minimum allowable final pressure in Table 1; and

c. A calculated ullage exceeding that listed in Table 1 shall be rounded up to the next higher ullage volume in the table;

2. A test of each pressure vacuum vent valve using CARB TP-201.1E test procedures;

3. A Tie-Tank test using CARB TP-201.3C test procedure;

4. A Static Torque test for each rotatable stage I adaptor using CARB TP-201.1B test procedures; and

4. 5. Procedures specified by a manufacturer or CARB for testing the vapor recovery system.

B. If there is a difference between a testing contractor's test results and the Division's test results, the Division's test results prevail.

C. If a site fails to pass any of the tests required by subsection (A), the affected vapor recovery system or component shall remain out of service until the vapor recovery system and component pass all the appropriate tests in subsection (A).

D. A person who cancels an initial inspection shall notify the Division by calling the Division's designated telephone number at least one hour before the scheduled inspection and shall reschedule the inspection within 10 business days after this notification. The Division shall take enforcement action if a person fails to comply with this Section.

E. A person shall notify the Division when a vapor recovery system or component is repaired after failing an initial inspection. A registered service representative shall not proceed with a reinspection until the Division approves the reinspection date and time.

F. If a registered service representative does not start an initial inspection pressure decay test within 30 minutes of the scheduled start time, the Division shall fail the initial inspection of that site.

G. If a person cancels an initial inspection, the person shall reschedule the inspection within 90 days from the date gasoline was first dispensed.

1. The Division shall take enforcement action if the person fails to timely reschedule the inspection.

2. The registered service agency shall notify the Division in writing at least 10 business days before the inspection of the time, date, and location of the inspection.

3. The Division shall notify the registered service agency within five business days, by e-mail, whether it approves the inspection date and time.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-1006 Fee

The Authority to Construct permit fee is $250.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. New Section R3-7-1006 recodified from Section R20-2- 1006 at 22 A.A.R. 2786, effective August 15, 2016 (Supp. 16-3). Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-1007 Operation

A. The owner or operator of a gasoline dispensing site with stage I vapor recovery shall not transfer or permit the transfer of gasoline into any gasoline storage tank subject to this Article unless stage I vapor recovery equipment is installed, maintained, operating, and being used according to the requirements of A.R.S. Title 3, Chapter 19, Article 7, and this Article.

B. The owner or operator of a gasoline dispensing site with stage I vapor recovery shall operate the stage I vapor recovery system and associated components in compliance with the CARB certification or Division approval under A.R.S. § 3-3512 for that system and these rules.

C. The owner or operator of a gasoline dispensing site with stage I vapor recovery located in area A shall inspect the system and its components at least once every seven days. The inspections shall include all stage I fittings and spill containment.

D. The owner or operator of a gasoline dispensing site shall immediately stop using a stage I vapor recovery system or component if one or more of the following system or component defects occur:

1. Tank vent pipes are not the proper height or are not properly capped with approved pressure and vacuum vent valves;

2. Vent pipes do not meet the CARB-specified paint color code specified in R3-7-1004(D)(13);

3. The stage I vapor recovery system is not properly installed or maintained as evidenced by the following:

a. Spill containment buckets are cracked, rusted, or not clean and empty of liquid; sidewalls are not attached or are otherwise improperly installed; and drain valves are non-functioning or do not seal;

b. A fill adaptor collar or vapor poppet (drybreak) is loose, damaged, or has a fill or vapor cap that is not installed or is missing, broken, not securely attached, or missing gaskets;

c. Coaxial stage I is not equipped with a functioning CARB-approved poppeted fill tube or the coaxial cap is not installed or is missing, broken, not securely attached, or missing gaskets; or

d. A fill tube is missing, broken, or not sealed; has holes or damaged overfill prevention; or the high point of the bottom opening is more than six inches above the tank bottom;

4. The tank rise cap with instrument lead wire for an electronic monitoring system is not installed tightly or any other tank riser is not sealed and capped securely;

5. An above-ground storage tank does not display a permanently attached UL approval plaque; or

6. Any other component identified in the diagrams, exhibits, attachments, or other documents and certified by CARB or required by the Authority to Construct permit for that system is missing, disconnected, or malfunctioning.

E. For proper operation of a stage I vapor recovery system or component under A.R.S. § 3-3512(C)(4), the owner or operator of a gasoline dispensing site shall recover vapors during pump-out from a gasoline storage tank to a mobile transporter.

F. The owner or operator of a gasoline dispensing site shall ensure that any underground tightness test is conducted in a manner that prevents gasoline vapors being emitted to the atmosphere.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-1008 Training and Public Education

Each owner or operator of a gasoline dispensing site using a stage I vapor recovery system or component shall obtain adequate training and written instructions to enable the system to be installed, operated, and maintained properly in accordance with the manufacturer's specifications and CARB certification. The owner or operator shall maintain documentation of this training onsite and make the documentation available to the Division within two business days of a request.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-1009 Recordkeeping and Reporting

A. The owner or operator of a gasoline dispensing site employing a stage I vapor recovery system or component in area A shall maintain records of the inspections done under R3-7-1007.

B. The owner or operator of a gasoline dispensing site employing a stage I vapor recovery system or component in area A shall maintain a log and related records of all regularly scheduled maintenance and any repairs that have been made to stage I equipment.

C. The owner or operator of a gasoline dispensing site that is exempt under A.R.S. § 3-3512(B) from requirements to install and operate a stage I vapor recovery system or component shall maintain a log at the site showing monthly throughputs. The owner or operator shall make the log available to the Division within two business days after request. The owner or operator shall submit to the Division the throughput information required under R3-7-1002(B) . If any throughput requirement provided in A.R.S. § 3-3512(B) and this Article is exceeded for any month, the owner or operator shall notify the Division in writing within 30 days. The owner or operator shall, within six months after the end of the month the throughput is exceeded, install and operate a stage I vapor recovery system or component conforming to this Article. If a stage I vapor recovery system is already installed, the owner or operator shall have the system tested under R3-7-1010 within 30 days after the end of the month in which the throughput was exceeded.

D. The owner or operator of a gasoline dispensing site that has decommissioned a stage II vapor recovery system under R3-7-913 shall maintain a copy of the decommissioning checklist required under R3-7-913(I) for three years.

E. D. The owner or operator of a gasoline dispensing site shall keep all records required by this Article at the gasoline dispensing site for at least one year and shall make these records available to the Division upon request.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-1010 Annual Testing and Inspection

A. A person shall ensure that an annual inspection is conducted by a registered service representative on or before the annual inspection date. The annual inspection date is the last day of the month in which the last scheduled annual inspection was performed. A registered service agency shall notify the Division in writing at least 10 business days before an annual inspection of the time, date, and location of the inspection. The Division shall notify the registered service agency within five business days, by e-mail, whether it approves the annual inspection date and time. The registered service agency shall not perform the annual inspection unless the Division approves the inspection date and time.

B. The annual inspection shall include the tests defined in R3-7-1005(A)(1) through (4) that pertain to the specific vapor recovery system installed.

C. To verify proper operation of a vapor recovery system, the Division may perform or may require registered service representatives to perform additional tests under R3-7-1005(A)(5) during the annual inspection and testing. The Division shall provide registered service agencies with six months' notice before requiring additional annual testing under R3-7-1005(A)(5).

D. If there is a difference between a testing contractor's test results and the Division's test results, the Division's test results prevail.

E. If a site fails to pass any of the tests required under subsection (B), the affected vapor recovery system or component shall remain out of service until the vapor recovery system and component pass all tests required under subsection (B).

F. After an annual inspection begins, a person shall not make a repair to the vapor recovery system or component until the results of the inspection are recorded.

G. A person shall notify the Division when a stage I vapor recovery system or component is repaired after failing an annual inspection. A registered service representative shall not conduct a reinspection until the Division approves the reinspection date and time.

H. A registered service representative shall perform all tests according to this Article and any other vapor recovery procedure the Division issues to registered service agencies.

I. A person that cancels an annual inspection shall notify the Division by calling the Division's designated telephone number at least one hour before the scheduled inspection and shall reschedule the test to be completed by the annual inspection date. A registered service agency shall notify the Division in writing at least 10 business days before an annual inspection of the time, date, and location of the inspection. The Division shall notify the registered service agency within five business days, by e-mail, of its approval of the inspection date and time. The Division shall take enforcement action if a person does not comply with this subsection.

J. Gasoline dispensing sites located in area B are exempt from the annual inspection and testing requirements of this Section.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-1011 Compliance Inspections and Additional Test Methods

The Division shall not announce when it plans to conduct a compliance inspection of a stage I vapor recovery system or component. If results of a compliance inspection reveal a violation of A.R.S. Title 3, Chapter 19, or this Article, the Division shall require the vapor recovery system or component to undergo an appropriate test as specified in R3-7-1010.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017.

Ariz. Admin. Code § R3-7-1012 Enforcement

If the Division finds that a stage I vapor recovery system or component is defective or non-compliant with one or more of the provisions of this Chapter or A.R.S. Title 3, Chapter 19, the Division shall issue to the owner or operator an administrative order and place a Stop-Sale, Stop-Use tag on the non-compliant vapor recovery system or component. The owner or operator may be required to schedule an inspection for a stage I vapor recovery system or component to ensure that it meets all requirements of A.R.S. Title 3, Chapter 19 and this Chapter before the vapor recovery system or component is placed in service.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Ariz. Admin. Code § R3-7-1013 Stage II Vapor Recovery

If the Division identifies a gasoline dispensing site operating a stage II vapor recovery system within an ozone nonattainment area designated as moderate, serious, severe, or extreme by the EPA under section 107(d) of the Clean Air Act or in area A after September 30, 2018, the Division shall issue an administrative order to require that the stage II vapor recovery system be decommissioned within three months after identification, and may impose a civil penalty under A.R.S. §§ 3-3473 and 3-3475.

History

• Adopted by final rulemaking at 23 A.A.R. 2280, effective 10/2/2017. Amended by final rulemaking at 29 A.A.R. 442, effective 3/5/2023.

Chapter 8 DEPARTMENT OF AGRICULTURE - PEST MANAGEMENT DIVISION

Article 1 GENERAL AND ADMINISTRATIVE PROVISIONS

Ariz. Admin. Code § R3-8-101 Definitions

In addition to the definitions provided in A.R.S. § 3-3601, the following terms apply to this Chapter: "Administratively complete" means the application contains all components required by statute or this Chapter to be submitted to the PMD to enable the PMD to determine whether to grant a license or approval.

"Advertisement" means a written or oral notice, including a business card, website, or telephone directory listing, which is intended, directly or indirectly, to induce a person to enter into an agreement for pest management services.

"Applicator" means an individual who provides pest management services. Applicator does not include a laborer.

"Applicator certification" means a certified applicator license.

"Broadening" means to add another category of work to an existing certification.

"Certified applicator" means an individual who is licensed by the PMD to provide pest management services, including a QA.

"CEU" means continuing education unit.

"Continuing education unit" means 50 minutes of participation in continuing education.

"Control" or "manage" means, with respect to pests, to exterminate, eradicate, destroy, kill, repel, attract, sterilize, mitigate, remove, or a combination of these activities.

"Department" means the Arizona Department of Agriculture.

"Disassociate" means to die, become disabled, resign, retire, be ill or take leave for more than 14 days, be terminated, or be called to active military duty.

"Entire structure" means all critical areas as defined in this Chapter and as specified on product labeling for both the interior and exterior of a structure.

"EPA" means the U.S. Environmental Protection Agency.

"EPA registration number" means the actual EPA registration number of a product or the federal provision exempting the product from EPA registration.

"Faulty grade" means the top of the foundation is even with or below the adjacent earth. The existing earth level shall be considered grade. Specific exceptions are basement construction and sunken room construction when the surrounding foundation is at least 3 inches above the exterior grade level.

"Fog or fogging" means applying a pesticide by a flammable, aerosolizing thermal or other generator that forms particles less than 10 microns in diameter.

"Food-handling establishment" means a place, other than a private residence, in which food is received, served, stored, packaged, prepared, or processed.

"Fumigant" means a chemical substance with a vapor pressure greater than five millimeters of mercury at 25 degrees Centigrade that is used to destroy plant or animal life.

"Fumigation" means a method of pest management that completely fills an area with a fumigant to suffocate or poison pests within the area.

"Fungi" means saprophytic and parasitic organisms that lack chlorophyll such as molds, rusts, mildews, smuts, and yeast, except those on or in living people or animals or processed foods, beverages, or pharmaceuticals.

"Health care institution" means a health care institution licensed pursuant to title 36, chapter 4 and includes doctor and dental offices.

"Label" means a written, printed, electronic or graphic document that is approved by the EPA and on or attached to a pesticide container, the wrapper of a pesticide container, or a device.

"Labeling" means a written, printed, electronic or graphic document that is authorized by the manufacturer or a state or federal agency to accompany a pesticide or device, or is referred to on the label or in literature accompanying the pesticide or device.

"Laborer" means an individual who performs physical labor necessary for an applicator to provide pest management services, including drilling and trenching, but who does not handle any pesticide container that has ever been opened, identify infestations, make inspections, make inspection reports or recommendations with respect to infestations, or use any device for the purpose of eliminating, exterminating, controlling or preventing infestations, except that laborer includes an individual who assists with the use of a tarp on a structure for a fumigation performed by an applicator.

"Pest" means a vertebrate or invertebrate insect, bird, mammal, or other animal or organism, or a weed or plant pathogen that is in an undesirable location.

"Pesticide," as defined in A.R.S. § 3-3601, includes an insecticide, fungicide, rodenticide, termiticide, fumigant, larvicide, piscicide, adulticide, herbicide, nematicide, avicide, or molluscicide.

"PMD" means Pest Management Division.

"Primary service," as used in A.R.S. § 3-3613(B)(3), means applying an herbicide as the only or predominant service under a verbal or written contract to maintain a property.

"Project" means an individual address or a privately owned or individually owned dwelling.

"QA" means certified qualified applicator.

"QP" means qualifying party.

"Qualified applicator certification" means a certified qualified applicator license.

"SDS" means safety data sheet, which is a written communication regarding a hazardous chemical that meets the standards at 29 CFR 1910.1200(g).

"Service container" means a receptacle that is used to hold, store, or transport a pesticide concentrate or use-dilution preparation other than the original labeled receptacle provided by the manufacturer, a measuring instrument, or application equipment.

"Signal word" means a word printed on a label that indicates the toxicity level of the pesticide in the container to which the label is affixed.

"Special Local Need registration" means an authorization from the Department to use a pesticide, which meets an Arizona-specific need, in Arizona according to the terms of the registration.

"Specimen label" means a label other than the label attached to a pesticide container that contains the same information as the labeling; including an electronic label.

"Structure" means all parts of a building, whether vacant or occupied, in all stages of construction.

"Subterranean termites" means the several species of termites that usually maintain contact with the soil, including those in the families Rhinotermitidae and Termitidae.

"Supplemental wood-destroying insect inspection" means a re-examination made by an applicator of the business licensee that conducted a previous wood-destroying insect inspection and within 30 days of the previous examination to determine whether corrective treatment has been performed or conditions conducive to wood-destroying insects have been corrected.

"Tag" means a written document that is required under this Chapter to be posted conspicuously at a pretreatment or new-construction treatment site.

"TARF" means termite action report form.

"Termiticide" means a chemical registered by the EPA and the Department and used for control of termites.

"Water-retention basin" means an area to temporarily hold water run-off until the water dissipates.

"WDIIR" means wood-destroying insect inspection report.

"Wood-destroying insect inspection" means an inspection for the presence or absence of wood-destroying insects.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Ariz. Admin. Code § R3-8-102 Certification Categories; Scope

The name and scope of each certification category are as follows and as prescribed in 40 CFR § 171.101(c), (e) through (h) (82 FR 1029, January 4, 2017), and (n). This material is incorporated by reference, is on file with the Department, and does not include any later amendments or editions:

1. Industrial and institutional: pest management in, on, around or adjacent to a structure not covered by another category; pest management in or on asphalt, concrete, gravel, rocks and similar surfaces, including man holes, not covered by another certification category; pest management of health related pests wherever found; but excluding anti-microbial pest management and fungi inspection

2. Wood-destroying organism management.

a. Wood-destroying organism treatment: inspecting for the presence or absence of wood-destroying organisms and treating for wood-destroying organisms in or about a residential or other structure by a means other than use of a fumigant.

b. Wood-destroying insect inspection: inspecting for the presence or absence of wood-destroying insects only and excluding pre-paring treatment proposals.

3. Ornamental and turf: pest management, including weeds, pests in trees, shrubs, and flowers, turf and bare ground, not covered by the right-of-way category, by means other than the use of a fumigant. Excludes any pests within a structure.

4. Right-of-way: pest management of pests, including weeds, in the maintenance of public roads, electric powerlines, pipelines, railway rights-of-way or other similar areas by a means other than use of a fumigant, but excluding pest management in the maintenance of ornamental trees, shrubs and flowers.

5. Aquatic: pest management, including weeds, in standing or running water.

6. Fumigation: pest management using fumigants; except as provided in the wood preservation category.

1. The categories shall be as follows, and as prescribed in 40 CFR § 171.101(c), (e) through (h), and (n) (82 FR 1029, January 4, 2017). This material is incorporated by reference, is on file with the Department, and does not include any later amendments or editions; and,

2. The competency standards shall be as follows, and as prescribed in 40 CFR § 171.103(d)(3), (5) through (8), and (14) (82 FR 1029, January 4, 2017). This material is incorporated by reference, is on file with the Department, and does not include any later amendments or editions.

3. State-only categories.

a. Wood-destroying organism management.

i. Wood-destroying organism treatment: inspecting for the presence or absence of wood-destroying organisms and treating for wood-destroying organisms in or about a residential or other structure by a means other than use of a fumigant.

ii. Wood-destroying insect inspection: inspecting for the presence or absence of wood-destroying insects only and excluding preparing treatment proposals.

7 b. Wood preservation: application of pesticides, labeled for use on utility poles or railroad ties, directly to structural components of wood or wood products, to prevent or manage wood degradation by wood destroying organisms including fungi and bacteria, which are not part of an existing structure. This includes drilling a cavity into a structural timber, inserting a methylisothiocyanate or other similar product into the cavity, and sealing the cavity.

4. Competency standards for state-only categories.

a. Wood-destroying organism treatment certification applicants must be able to do the following:

i. Demonstrate practical knowledge of inspection of structures for the presence or absence of wood-destroying organisms, including recognition of wood-destroying organisms and signs of their presence, and understanding their life cycle, biology, and affect on building structural components;

ii. Demonstrate practical knowledge of treatment of structures to control the wood-destroying organisms;

iii. Demonstrate practical knowledge of the formulations appropriate for control of wood-destroying organisms;

iv. Demonstrate practical knowledge of methods of application that avoid contamination of sensitive areas, minimize damage and contamination to treated areas, minimize exposure to people and pets, and minimize environmental impacts;

v. Read and understand pesticide labels, labeling and safety data sheets for pesticides, and apply pesticides according to label and labeling instructions; and

vi. Complete a treatment proposal, TARF and WDIIR.

b. Wood-destroying insect inspection involves no use of pesticides, and certification applicants must be able to do the following:

i. Demonstrate practical knowledge of inspection of structures for the presence or absence of wood-destroying insects, including recognition of wood-destroying insects and signs of their presence, and understanding their life cycle, biology, and affect on building structural members; and

ii. Complete a WDIIR.

c. Wood preservation certification applicants must be able to do the following:

i. Demonstrate practical knowledge of inspection of wood for the presence or absence of wood-destroying organisms, including recognition of wood-destroying organisms and signs of their presence, and understanding their life cycle, biology, and affect on wood;

ii. Demonstrate practical knowledge of treatment of wood to control the wood-destroying organisms;

iii. Demonstrate practical knowledge of the formulations appropriate for control of wood-destroying organisms;

iv. Demonstrate practical knowledge of methods of application that avoid contamination of sensitive areas, minimize damage and contamination to treated areas, minimize exposure to people and pets, and minimize environmental impacts; and

v. Read and understand pesticide labels, labeling and safety data sheets for pesticides, and apply pesticides according to label and labeling instructions.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017. Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.

Ariz. Admin. Code § R3-8-103 Fees; Charges; Exemption

A. A person shall pay the following application and renewal fees for licensure, certification, and registration:

1. For an applicator:

a. Applicator certification, $55.

b. Applicator certification broadening application, $0.

c. QA certification, $75.

d. QA certification broadening application, $15.

2. For a qualifying party:

a. Registration at same time as application for or renewal of the business license, $0.

b. Registration at a different time than application for or renewal of the business license, $35.

c. Registration broadening, $15.

d. Temporary qualifying party registration, $75.

3. For a business:

a. Business license, $185.

b. Business license for federal entity, $0.

c. Applicator registration, $0 per applicator.

4. For a branch:

a. Branch office registration, $35 per branch.

b. Branch supervisor registration at same time as branch office registration, $0.

c. Branch supervisor registration at a different time than branch office registration, $15.

B. A person renewing an applicator certification, QA certification, business license, branch office registration, or branch supervisor registration shall receive a 10 percent reduction in the renewal fee for renewals submitted for a two year renewal period.

C. In addition to the fees listed in subsection (A), a person shall pay a $10 handling fee for each application or renewal form not submitted electronically when PMD allows electronic submission.

D. A person shall pay a late fee equal to ten percent of the renewal fee for any license, certification, or registration that is not renewed timely.

1. If a business license remains expired for more than 30 days, to renew the license, a person shall also pay an additional late fee of $15 per month that the license remains expired, not to exceed $165. Late fees are in addition to the renewal fee.

2. If a certification remains expired for more than 30 days, to renew the certification, a person shall also pay an additional late fee of $10 per month the certification remains expired, not to exceed $110. Late fees are in addition to the renewal fee.

E. A business licensee shall pay the following TARF fees:

1. Electronic submissions, $2;

2. Electronic final grade treatment TARF submissions, $0;

3. Electronic TARF submissions for a pretreatment or new-construction treatment of an addition that abuts the slab of an originally treated structure, $0, if the business licensee:

a. Performed the pretreatment or new-construction treatment of the main structure,

b. Filed a TARF regarding the pretreatment or new-construction treatment,

c. Has the structure under warranty, and

d. Treats the abutting addition under the terms of the site warranty;

4. All paper submissions, $8; and

5. Late fee equal to the original TARF fee for any TARF submission more than 30 days after the due date, except that the late fee for an electronic final grade treatment TARF submission more than 30 days after the due date shall be $2.

F. If the PMD administers a certification examination, an applicant shall pay $50 to take the examination. If an examination service or testing vendor administers a certification examination, an applicant shall pay the examination service or testing vendor the examination cost established in the vendor's contract with the PMD.

G. PMD employees are exempt from the applicator and examination fees listed in this Section.

H. An applicant who makes a payment for a fee due under this Section that is rejected by a financial institution will be subject to all of the following:

1. The PMD shall void any approval of the application or renewal.

2. The applicant shall pay any financial institution fee incurred by the PMD.

3. The PMD may require the applicant to pay all fees due using a method other than a personal or business check.

4. An application for renewal will be considered untimely if the substitute payment is not received by the PMD by the original due date, and the applicant will be subject to a late fee based on the date of receipt of the substitute payment.

I. The PMD may reject an application or request for service that is submitted with the incorrect fee and not process the application or provide the service. An application for renewal will be considered untimely if the substitute payment is not received by the PMD by the original due date, and the applicant will be subject to a late fee based on the date of receipt of the substitute payment.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017. Amended by final rulemaking at 25 A.A.R. 720, effective 2/25/2019. Amended by final expedited rulemaking at 27 A.A.R. 1007, effective 6/8/2021. Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.

Ariz. Admin. Code § R3-8-104 Pest Management Division Council

A. A five-member Pest Management Division Council is established to assist and make recommendations to the director regarding the administration and implementation of A.R.S. Title 3, Chapter 20.

B. The members shall meet the following qualifications:

1. Three members shall be business licensees or qualifying parties and shall each have a minimum of five years of pest management experience.

a. At least one of these three members shall be a business licensee who has five or fewer applicators.

b. For one of these three members, first priority shall be given to a business licensee or QP based outside of Maricopa and Pima Counties and secondary priority shall be given to a business licensee or QP who is not based outside of those counties but is associated with a business that has an office in Arizona outside of those counties. If there are no qualified first or secondary priority applicants, the Director may appoint any business licensee or QP with a minimum of five years of pest management experience.

2. One member shall be a representative of a political subdivision.

3. One member shall be a public member who does not provide pest management services or work for a business licensee.

C. Members shall serve three year staggered terms. Members shall not serve consecutive terms, except that a member who is appointed to fill a vacancy may serve the unexpired term that fills the vacancy plus one regular term. A member shall be ineligible for reappoint-ment for three years.

D. The office of a member shall be deemed vacant under any of the following circumstances:

1. The member no longer satisfies the qualification in subsection (B).

The member is unable to perform the duties of the office.

3. The absence of the member from three consecutive Committee meetings if the absences have not been excused by the Committee.

E. The Committee shall annually select a chairman and vice-chairman from among its members.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Ariz. Admin. Code § R3-8-105 Reserved

History

• New reserved Section recodified from R4-29-105 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-106 Reserved

History

• New reserved Section recodified from R4-29-106 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-107 Licensing Time-frames

A. Overall time-frame. The PMD shall issue or deny a license within the overall time-frames listed in Table 1. The overall time-frame, which is the total number of days provided for both the administrative completeness and substantive review time-frames, begins when the PMD receives an application.

B. Administrative completeness review time-frame.

1. During the administrative completeness review time-frame, the PMD shall notify the applicant in writing whether the application is complete or incomplete. If the application is incomplete, the PMD shall specify in the notice what information is missing. If the PMD does not provide notice to the applicant within the administrative completeness review time-frame, the PMD shall deem the application complete.

2. An applicant with an incomplete license application shall supply the missing information within the completion request period listed in Table 1. The administrative completeness review and overall time-frames are suspended from the postmark date of the notice of missing information until the date the PMD receives the information.

3. If an applicant fails to submit the missing information before expiration of the completion request period, the PMD shall consider the application withdrawn and close the file. An applicant whose file is closed may apply for a license by submitting a new application and application fee.

C. Substantive review time-frame.

1. The substantive review time-frame listed in Table 1 begins when an application is administratively complete or at the end of the administrative completeness review time-frame in Table 1, whichever occurs first. If the PMD determines during the substantive review that additional information is needed, the PMD shall send the applicant a comprehensive written request for additional information.

2. Both the substantive review and overall time-frames are suspended from the date of the PMD request until the date that the PMD receives the additional information. The applicant shall submit the additional information within the additional information period listed in Table 1.

3. If the applicant fails to provide the additional information within the additional information period in Table 1, the PMD shall consider the application withdrawn and close the application. An applicant whose file is closed may apply for a license by submitting a new application and application fee.

D. Within the overall time-frame listed in Table 1, the PMD shall:

1. Deny a license or approval to an applicant if the PMD determines that the applicant does not meet all the substantive criteria required by the PMD's statutes and this Chapter; or

2. Grant a license or approval to an applicant if the PMD determines that the applicant meets all the substantive criteria required by the PMD's statutes and this Chapter.

E. If the PMD denies a license or approval under subsection (D)(1), the PMD shall provide a written notice of denial to the applicant that explains:

1. The reason for the denial, with citations to supporting statutes or rules;

The applicant's right to seek a fair hearing to challenge the denial; and

3. The time for appealing the denial.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017. Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.

Ariz. Admin. Code § R3-8-108 Reserved

History

• New reserved Section recodified from R4-29-108 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Article 2 CERTIFICATION, REGISTRATION AND LICENSURE; CONTINUING EDUCATION

Ariz. Admin. Code § R3-8-201 Activities that Require a License; Exemptions

A. Business license. A person doing an activity defined as the business of pest management shall first possess a valid business license, unless the person is:

1. A political subdivision;

2. Acting on behalf of a business licensee or political subdivision; or

3. Otherwise exempt by this Chapter or the PMD's statutes.

B. Qualifying party registration. A business licensee or school district shall only do an activity defined as the business of pest management if the business licensee or school district has a registered qualifying party. The business licensee or school district shall only provide pest management services in a certification category if the qualifying party is registered in that certification category.

C. Applicator licensure.

1. An individual who provides pest management services shall be a certified applicator and only provide pest management services in a certification category for which the applicator is currently certified except as provided under subsections (C)(2) and (C)(3) or as otherwise exempt by this Chapter or the PMD's statutes.

2. A certified applicator desiring to work in a category for which the applicator is not certified shall become certified in the category within 30 calendar days after beginning work in that category and shall be supervised as provided in subsection (C)(3)(c) while working in that category.

An individual may provide pest management services on behalf of a business licensee without being a certified applicator if the individual:

a. Is registered as an applicator of the business licensee under R3-8-207;

b. Has been registered as an applicator of the business licensee for not more than 90 calendar days out of the last 365 days; and

c. Is supervised by a certified applicator who:

i. Is certified in the category for which supervision is provided;

ii. Provides immediate supervision when the individual performs pest management services in the wood-destroying organism treatment, aquatic, or fumigation category, uses a restricted use pesticide, or uses a pesticide under an experimental use permit; and

iii. Provides direct supervision when the individual performs pest management services not covered by subsection (C)(3)(c)(ii).

4. An individual may not provide pest management services at a school, child care facility, health care institution, or food-handling establishment unless the individual is a certified applicator in the certification category for which services are being provided.

5. An individual using an animal to assist with identifying infestations or making inspections for the purpose of identifying or attempting to identify infestations shall be a certified applicator in the certification category for which services are being provided.

D. Applicator registration. An applicator may not provide pest management services on behalf of a business licensee or political subdivision unless the applicator is registered as an applicator of the business licensee or political subdivision pursuant to R3-8-207.

E. Exemptions. A person is not required to be licensed who:

1. Provides general information about a label or labeling, the identification or management of a pest, integrated pest management or the use of a registered pesticide; does not directly or indirectly charge for the information; and does not make an on-site recommendation.

2. Performs sales work that does not include:

a. Identifying on-site infestations or making inspections for the purpose of identifying or attempting to identify infestations;

b. Making written or oral inspection reports or on-site recommendations with respect to infestations; or

c. The application of pesticides or the use of devices for the purpose of eliminating, exterminating, controlling or preventing infestations.

3. Is an authorized representative of any educational institution engaged in research in the study of pest management and does not provide pest management services for hire.

4. Is a certified home inspector and documents evidence of wood-destroying organisms on a home inspection, but does not prepare a WDIIR, prepare a treatment proposal, make treatment estimates, bids, or recommendations, apply pesticides, or use devices.

5. Only uses, applies or installs home improvement articles, such as insulation, caulk and paint, that are pre-incorporated with a pesticide.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Ariz. Admin. Code § R3-8-202 Business License

A. An applicant for a business license shall submit the following information on a form obtained from the PMD:

1. About the business:

a. Business name;

b. Name and form of business organization;

c. Names of the following persons authorized to act on behalf of the business:

i. Owner if a sole proprietorship;

ii. Managing or general partner if a partnership;

iii. President and other authorized officers if a corporation;

iv. All the managers or members if a limited liability company; or

v. Person authorized to make decisions for the business if any other type of business form;

vi. Names of all principals of the business including all individuals or other corporations or partnerships that own at least ten percent interest of the business.

c. d. Telephone number;

d. e. Physical address;

e. f. Mailing address, if different from physical address;

f. g. E-mail address; and

h. Chemical storage address.

2. Daytime telephone number of individuals identified under subsection (A)(1)(c);

3. Name of the qualifying party; and

4. The dated signature and title of an authorized representative of the business affirming that the information provided is true and correct.

B. In addition to the form required under subsection (A), an applicant shall submit:

The fee specified in R3-8-103;

2. The proof of financial security required by A.R.S. § 3-3615;

3. The name and physical address of the statutory agent of the business; and

4. A copy of the Articles of Incorporation or Organization, Certificate of Limited Partnership, trust, trade name certificate, partnership agreement, or other evidence of the form of business organization.

C. A business cannot be licensed without a registered qualifying party.

D. If the PMD determines there may be cause to deny a license to an applicant, the PMD may send a written notice to the applicant requiring the applicant to appear at a specific location, date and time to answer questions.

E. A business license expires on May 31, and is:

1. Issued with an expiration in the following calendar year as an initial licensure; and

2. Renewable for one or two years, depending on the renewal period selected by the applicant.

F. A business license may not be transferred except in accordance with R3-8-209 and may not be renewed beyond the expiration of the registration for the business's qualifying party.

G. If an applicant's proof of financial security includes an insurance policy which provides for a deductible in excess of one percent of the total financial security for each occurrence, the applicant shall provide other evidence of financial security for the excess deductible amount as required by A.R.S. § 3-3615 Financial security in the following forms will be acceptable, provided that the nature of the security provides adequate protection for persons who may suffer bodily injury or property damage as a result of the operations of the applicant:

1. Liability insurance, self-insured retention or surety bond issued by an insurer that holds a valid certificate of authority or that is permitted to transact surplus lines insurance in this state;

2. Bank statement evidencing a deposit of money in an amount equal to, or greater than, the excess deductible amount; or

3. Certified Check in an amount equal to, or greater than, the excess deductible amount.

History

• New Section recodified from R4-29-202 at 23 A.A.R. 1976, effective June 30, 2017; Section amended by exempt rulemaking at 23 A.A.R. 1949, effective August 29, 2017 (Supp. 17-2). Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.

Ariz. Admin. Code § R3-8-203 Applicator Certification

A. Application. An applicant for applicator certification shall submit the fee specified in R3-8- 103 and the following information on a form obtained from the PMD:

1. Full name;

2. Applicator certification number, if any;

3. Home address;

4. Mailing address, if different from the home address;

5. Telephone number;

6. E-mail address;

7. Date of birth;

8. Social Security number;

9. A statement whether the applicant has ever had a license or permit to practice pest management denied, revoked, or suspended and if the answer is yes, the date, jurisdiction taking the action, nature of the action, and explanation of the circumstances;

10. Name of employer, if any;

11. Employer's business license number, if applicable;

12. Employer's telephone number, if applicable; and

13. The applicant's dated signature affirming that the information provided is true and correct.

14. Information and documentation concerning lawful presence required by A.R.S. § 41-1080.

B. An applicator shall be of good moral character. A conviction for a felony, or a misdemeanor involving moral turpitude may demonstrate a lack of good moral character. A conviction for any of the following offenses shall be considered to demonstrate a lack of good moral character:

1. Murder involving the death of a law enforcement officer.

2. An offense described in A.R.S. § 13-2308.01 related to terrorism.

3. A sexual offense of any type where the victim is a minor that is a class 4 or higher felony.

C B. Examination. An applicant shall take and pass the certification examinations as provided in R3-8-211 in order to become certified.

D C. An applicant for initial certification shall be at least 18 years of age.

E D. If the PMD determines there may be cause to deny certification to an applicant, the PMD may send a written notice to the applicant requiring the applicant to appear at a specific location, date and time to answer questions.

F E. Certification. Applicator certification is not transferable, expires on May 31, and is:

1. Issued with an expiration in the following calendar year as an initial certification,

2. Renewable for one or two years, depending on the renewal period selected by the applicant, and

3. Renewed for all certification categories for the same renewal period, and

The responsibility of the individual to whom it is issued.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017. Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.

Ariz. Admin. Code § R3-8-204 Qualified Applicator Certification

A. Before applying for QA certification, an applicant shall fulfill the experience requirement for each category.

B. Application. An applicant for QA certification shall submit the fee specified in R3-8-103 and the following information on a form obtained from the PMD:

1. Full name;

2. Applicator certification number, if any;

3. QA certification number, if any;

4. Home address;

5. Mailing address, if different from the home address;

6. Telephone number;

7. E-mail address;

8. Date of birth;

9. Social Security number;

10. A statement whether the applicant has ever had a license or permit to practice pest management denied, revoked, or suspended and if the answer is yes, date, jurisdiction taking the action, nature of the action, and explanation of the circumstances;

11. Name of employer, if any;

12. Employer's business license number, if applicable;

13. Employer's telephone number, if applicable;

14. Certification categories for which application is made; and

15. The applicant's dated signature affirming that the information provided is true and correct.

16. Information and documentation concerning lawful presence required by A.R.S. § 41- 1080, if not on file.

C. Experience. An applicant shall possess one of the following qualifications:

1. Certification as an applicator for 24 months within the ten years preceding the application in the category applied for.

2. Certification as an applicator for 12 months within the ten years preceding the application and either:

a. Successful completion of 12 semester hours or its equivalent within the 10 years preceding the application in pest management courses directly related to each category applied for; or

b. A Bachelor's degree in agricultural sciences, biological sciences, or pest management with 12 semester hours or its equivalent in pest management courses directly related to each category applied for.

Twenty four months of verifiable experience in the business of pest management, in another State where licensure was not required, within the ten years preceding application directly related to the category applied for.

D. For an individual who applies for QA certification within one year of honorable separation from active military duty, the time periods "preceding the application" in subsection (C) are tolled during the term of active military duty.

E. A QA shall be of good moral character. A conviction for any of the following felony, or a misdemeanor involving moral turpitude may demonstrate a lack of good moral character. A conviction for any of the following offenses shall be considered to demonstrate a lack of good moral character:

1. Murder involving the death of a law enforcement officer.

2. An offense described in A.R.S. § 13-2308.01 related to terrorism.

3. A sexual offense of any type where the victim is a minor that is a class 4 or higher felony.

F E. PMD review.

1. After notification by the PMD that the applicant is eligible for certification, the applicant may schedule and take the certification examinations described under R3-8- 211.

2. If the PMD determines there may be cause to deny certification to an applicant, the PMD may send a written notice to the applicant requiring the applicant to appear at a specific location, date and time to answer questions.

G F. Examination. An applicant shall take and pass the certification examinations as provided in R3-8-211 in order to become certified.

H G. Certification. QA certification is not transferable, expires on May 31, and is:

1. Issued with an expiration in the following calendar year as an initial certification,

2. Renewable for one or two years, depending on the renewal period selected by the applicant,

3. Renewed for all certification categories for the same renewal period, and

The responsibility of the individual to whom it is issued.

I H. For the purposes of this Section, pest management courses means courses in entomology, zoology, vertebrate management, plant pathology, agronomy, general horticulture, plant biology or botany, biochemistry, organic or inorganic chemistry, the eradication or management of weeds, toxicology, the environmental impact of pesticides, or any combination thereof.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017. Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.

Ariz. Admin. Code § R3-8-205 Qualifying Party Registration; Temporary Qualifying Party Registration

A. An applicant for registration as a QP shall submit the fee specified in R3-8-103 and the following information on a form obtained from the PMD:

1. FULL Name;

2. QA certification number;

3. Certification categories to be registered;

4. Name, and license number if applicable, of the business or school district for which the applicant will act as the QP; and

5. Dated signature of the applicant affirming that the information provided is true and correct;

B. An individual may only register as a QP in categories for which the individual possesses QA certification.

C. A certified applicator who is the representative of a business licensee or school district may register as a temporary QP if the QP has become disassociated with the business licensee or school district within the last 45 days. A certified applicator may only register as a temporary QP in the categories for which both the former QP was registered and the certified applicator is certified.

D. An applicant for registration as a temporary QP shall submit the fee specified in R3-8-103 and:

1. The information required in subsection (A), except subsection (A)(2);

2. The applicant's applicator certification number;

3. Written confirmation signed by the business licensee, school district, or former QP indicating that the former QP has become disassociated with the business licensee or school district; and

4. A written statement signed by the business licensee or school district that:

a. The business licensee or school district has not operated in the business of pest management for more than five business days since the disassociation in the categories for which the disassociated QP was registered; and

b. The business licensee or school district wants the certified applicator to act as a temporary QP.

E. A business licensee or school district shall not use a temporary QP to qualify the business or school district in a category for more than 180 days in any 12 month period.

F. Registration.

1. QP registration is not transferable, expires on May 31, and is:

a. Issued with an expiration in the following calendar year as an initial registration,

b. Renewable for one or two years, depending on the renewal period selected by the applicant, and

c. Renewed for all registration categories for the same renewal period.

2. Temporary QP registration is not transferable, is valid for 90 calendar days and may be renewed once for the business license.

3. A QP or temporary QP may only register to qualify one business licensee or school district except as provided in subsection (F)(4).

4. A QP for school districts shall separately register as a QP for each school district served, but may not register as a QP for more than one school district without approval from the director pursuant to R3-8-402(C).

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Ariz. Admin. Code § R3-8-206 Branch Office Registration; Branch Supervisor Registration

A. A business licensee may not do business from a branch office unless the branch office and a branch supervisor are registered with the PMD.

B. To register a branch office, the business licensee shall submit the fee specified in R3-8-103 and the following information on a form obtained from the PMD:

1. The business licensee's name and licensee number.

2. About the branch office:

a. Full name of branch supervisor;

b. Branch supervisor's applicator certification number;

c. Telephone and fax numbers;

d. Physical address;

e. Mailing address, if different from physical address;

f. E-mail address; and

g. Chemical storage address; and

The dated signature of an authorized representative of the business licensee.

C. A branch office shall do business in the name of the business licensee only.

D. To register as a branch supervisor, the applicant shall submit the fee specified in R3-8-103 and the following information on a form obtained from the PMD:

1. Full name,

2. Applicator certification number,

3. Business name and license number,

4. Physical and mailing address of branch office where the applicant will be the supervisor,

5. Branch office telephone and fax numbers,

6. Dated signature of the applicant affirming that the information provided is true and correct, and

7. Dated signature of an authorized representative of the business licensee.

E. A branch supervisor may only register to supervise a branch office at one physical location.

F. Registration. Registration as a branch office or branch supervisor is not transferable, expires on May 31, and is:

1. Issued with an expiration in the following calendar year as an initial registration, and

2. Renewable for one or two years, depending on the renewal period selected by the applicant.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Ariz. Admin. Code § R3-8-207 Applicator Registration

A. Every applicator of a business licensee or political subdivision shall be registered with the PMD as an applicator for that business licensee or political subdivision before providing pest management services for the business licensee or political subdivision. This requirement is in addition to applicator certification requirements.

B. To register an applicator, a person shall submit the fee specified in R3-8-103 and the following information about the applicator on a form obtained from the PMD:

1. Full name;

2. Name, and license number if applicable, of the business licensee or political subdivision;

3. For an applicator of a business licensee, identification of the primary or branch office where the applicator's pest management records will be kept;

For a certified applicator, the applicator's certification number;

5. For an uncertified applicator, the applicator's:

a. Home address;

b. Mailing address, if different from the home address;

c. E-mail address;

d. Telephone number;

e. Date of birth;

f. Social Security number; and

6. Dated signature of the applicant affirming that the information provided is true and correct.

C. There is no fee to register an applicator of a political subdivision.

D. An uncertified applicator shall be at least 18 years of age.

E. D. Applicator registration is valid from the date the PMD receives all the information required under subsection (B) and the registration fee.

F. E. Applicator registration is non-transferable and expires on May 31.

G. F. A business licensee and QP are jointly responsible for ensuring compliance with this Section.

H.G. The director shall assess a business licensee with a $150 civil penalty for each unregistered applicator.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Ariz. Admin. Code § R3-8-208 License, Certification and Registration Renewal

A. An application to renew a business license, applicator or QA certification, or qualifying party, branch office, branch supervisor, or applicator registration is due May 1 of the year the license, certification, or registration expires. Failure to receive a renewal application does not justify a failure to timely renew.

B. An applicant for renewal shall submit the following information on a form obtained from the PMD:

1. All renewals:

a. A change in physical address and mailing address, if any;

b. E-mail address;

c. Telephone number;

d. Dated signature of the applicant affirming that the information provided is true and correct; and

e. License specific information described in this subsection, if applicable.

2. Business license:

a. Full name of the qualifying party in each category for which the business provides pest management services, and

b. Proof that the licensee still meets the financial security requirement in A.R.S. § 3-3615; and

c. A change in the chemical storage address, if any.

3. Applicator and QA certification:

a. Name of employer, if any;

b. A statement whether the applicant has had a license or permit to practice pest management denied, revoked, or suspended during the last 12 months and if the answer is yes, the date, jurisdiction taking the action, nature of the action, and explanation of the circumstances; and

4. Applicator registration: The names and if applicable certification numbers of all of the business licensee's current applicators.

C. An applicant for renewal shall select a one or two year renewal period and shall pay the renewal fee listed in R3-8-103 for each year of renewal.

D. CEU requirements. The director shall not renew a certification unless, prior to the expiration of the current certification, the applicator obtains the CEUs required by R3-8-215.

E. Expired license, certification, or registration.

1. An applicant who submits a complete renewal application, including the renewal fee, after the expiration of the license, certification, or registration shall pay the late fee listed under R3-8-103 as a penalty in addition to the renewal fee.

2. An applicant may renew an expired applicator or QA certification without retaking the written examinations provided the applicant has satisfied the CEU requirements, during their most recent certification period.

3. A certification that has been expired for more than 11 months may not be renewed. The former certificate holder may apply as a new applicant and shall retake and pass the applicable certification examinations.

4. A business license that has been expired for more than one year may not be renewed. The former licensee may apply as a new applicant.

5. Notwithstanding subsections (E)(1)-(4), an applicant who fails to renew because the applicant is on active military duty may obtain the continuing education required under R3-8-215 and apply for renewal within one year of honorable separation from active military duty without paying a late fee.

F. Renewal effective date.

1. If an applicant submits a complete application for renewal, including the renewal fee, before the expiration of the license, certification, or registration, then the license certification, or registration does not expire until:

a. The renewal has been approved; or

b. In the case of denial or new limits on the license, certification, or registration, the last day for seeking review of the MD order or later date fixed by a court.

2. If an applicant fails to submit a complete application for renewal, including the renewal fee, before the expiration of the license, certification, or registration, then the license, certification, or registration expires as provided in this Article and is not valid until the PMD has approved the renewal application. A business, branch office, or applicator with an expired license, registration, or certification may not provide pest management services or otherwise engage in the business of pest management. A qualifying party with an expired registration may not qualify a business licensee or school district. A branch supervisor with an expired registration may not supervise a branch office.

G. Surrendering a certification or license.

1. An applicator or business licensee may surrender their certification or license at any time, except for the following situations:

a. The applicator or business licensee is currently the subject of an investigation; or

b. The applicator or business licensee owes civil penalties or termite action registration form fees.

2. An applicator or business licensee that has surrendered their certification or license is not absolved of any termite action registration form fees or civil penalties based on actions or omissions that occurred prior to surrendering their certification or license.

3. The Office shall not refund any certification or licensing fees paid prior to the applicator or business license surrendering their certification or license.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Ariz. Admin. Code § R3-8-209 Change in Business Licensee

A. Transfer to spouse. A business license may be transferred to the licensee's spouse without a fee by submission of a Business License Entity Change Application if the licensee's spouse submits evidence of marriage to the licensee, keeps the same business name for the remainder of the licensee period and agrees to honor all of the licensee's customer contracts and warranties.

B. Transfer to new entity. A person may request a transfer of a business license to a new entity without a fee by submitting a Business License Entity Change Application if:

1. The owners of the current business licensee own a majority of the new entity,

2. The new entity keeps the same business name as the current business licensee for the remainder of the licensing period,

3. The new entity agrees to honor all customer contracts and warranties provided by the current business licensee, and

4. The current business licensee and the new entity are not the same form of entity.

C. When a business license is transferred under subsection (A) or (B), the new licensee shall be responsible for any outstanding fees or penalties owed to the PMD and for any disciplinary action taken by the PMD as a result of violations of this Chapter or the PMD's statutes by the former licensee.

D. Except as provided in subsections (A) and (B), a change in ownership of a licensed sole proprietorship requires a new business license.

E. If, through a change in ownership, a licensed business's office becomes a branch office of another licensed business, the new owner shall notify the PMD and comply with R3-8-206.

F. A business licensee shall report any change in the principals of the business to the PMD within 30 days. Principal means a person who owns at least a 10 percent interest in a business. Principal includes an owner that is itself a business as well as owners of a principal.

G. If a business licensee changes the name of the business, the licensee shall provide the following information on a Business Name Change Application submitted to the PMD prior to the change:

1. Name of business entity;

2. Current business name;

3. Business license number;

4. New business name requested;

5. Copy of the Registered Trade Name Certificate, amended Articles of Organization or Incorporation, amended Certificate of Limited Partnership, or amended Statement of Partnership Authority or Qualification showing the new name; and

6. Dated signature of the authorized representative of the business licensee affirming that the information provided is true and correct.

H. If a business licensee changes the form of the business, the licensee shall provide the following information on a Business Entity Change Application submitted to the PMD within 30 days of the change:

1. Name of licensed business entity;

2. Business name and license number;

3. Name and form of new business entity;

4. Names of the following persons authorized to act on behalf of the new business entity:

a. Owner if a sole proprietorship,

b. Managing or general partner if a partnership,

c. President and other authorized officers if a corporation,

d. All the managers or members if a limited liability company, or

e. Person authorized to make decisions for the business if any other type of business form;

5. Copy of the new business entity's Articles of Organization or Incorporation, Certificate of Limited Partnership, trust, trade name certificate, partnership agreement, or other evidence of the form of business organization;

6. As applicable, the Articles of Merger or Consolidation, Statement of Merger, or approved partnership conversion; and

7. Dated signature of the authorized representative of the business licensee affirming that the information provided is true and correct.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Ariz. Admin. Code § R3-8-210 Certification Broadening

A. To broaden an applicator certification, the applicant shall:

1. Submit the application described in R3-8-203 ,

2. Submit the fee required under R3-8-103, and

3. Take and pass the certification examination for the specific category in which broadening is sought.

B. A QA is eligible to broaden a QA certification only if, in the category in which broadening is sought, the QA has a valid applicator certification or a qualification listed in R3-8-204(C).

C. To broaden a QA certification, the QA shall:

1. Submit the application described in R3-8-204 and indicate on the application the category in which broadening is sought,

2. Submit the fee required under R3-8-103 ,

3. Submit the evidence of experience required under R3-8-204(C) for the category in which broadening is sought except as provided in subsection (D) of this Section, and

4. Take and pass the certification examination for the specific category in which broadening is sought.

D. Experience exemptions. A QA may become certified without meeting the experience requirement of R3-8-204(C) in the categories of:

1. Right-of-way or ornamental and turf if the individual has QA certification in the category of industrial and institutional, wood-destroying organism treatment, ornamental and turf, or right-of-way.

2. Wood-destroying organism management if the individual has QA certification in the industrial and institutional category.

3. Wood preservation if the individual has QA certification in the wood-destroying organism treatment category.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017. New Section recodified from R4-29-210 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2). Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.

Ariz. Admin. Code § R3-8-211 Certification Examination

A. An applicant for applicator certification or QA certification shall make arrangements to take the certification examinations by contacting the PMD or the examination service or testing vendor with which the PMD has contracted. An individual may apply for applicator certification in any of the categories found in R3-8-102 .

B. The core and category-specific examinations may measure knowledge and understanding of the following content areas:

1. Pesticide label and labeling and pesticide types and formulations;

2. Pest identification, life cycles, and habits;

3. Safety and environmental factors relating to the use, handling, storage, and disposal of pesticides;

4. Application techniques, calibration and dilution, and equipment types, uses, and maintenance; and

5. Laws and rules.

B. The Department shall ensure that the core examination tests the knowledge and understanding of 40 CFR 171.103(c) (82 FR 1029, January 4, 2017), This material is incorporated by reference, is on file with the Department, and does not contain any later amendments or additions.

C. The category competency standards shall be as prescribed in 40 CFR § 171.103(d)(3), (5) through (8), and (14) (82 FR 1029, January 4, 2017). This material is incorporated by reference, is on file with the Department, and does not contain any later amendments or additions.

C D. To be certified, an applicant shall score at least 75 percent on the general standards ("core") examination and on the category-specific examination in each category for which the applicant seeks certification.

F E. An applicant who fails an examination may not retake the examination for at least seven days or more than two times in a 6-month period.

G F. An examination score is only valid for the earlier of 12 months from the date of application for certification or 12 months from the examination date.

H G. The PMD shall void the examination score and deny the application of an applicant that the PMD determines cheated on an examination. The applicant may not reapply for one year.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017. Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.

Ariz. Admin. Code § R3-8-212 Reciprocity

The director may waive the examination requirements in whole or in part for an individual who is certified as an applicator by another state, federal, or tribal agency under an approved EPA certification plan. In order to qualify for reciprocity:

An applicant must apply for Arizona reciprocal certification. In that application, the candidate must:

a. Shall provide information as in R3-8-203 or R3-3-204, as applicable.

b. Submit the department required form to their state, federal or tribal agency for verification of certification.

2. Upon verification of like competency standards for each category of certification requested, the department shall issue an Arizona certification.

3. In addition to reasons for revocation under A.R.S. Title 3, Chapter 20, Articles 1 through 5, and the rules adopted thereunder, the Department can terminate an applicator's certification upon notification that the applicator's original certification has been terminated for any reason.

History

• New Section recodified from R4-29-212 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2). Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.

Ariz. Admin. Code § R3-8-213 Political Subdivision Responsible Individual

A. A political subdivision that uses pesticides to conduct pest management on property that is owned, leased or managed by the political subdivision, including easements, shall designate an individual or individuals responsible for the following:

1. Responding to inquiries or concerns by the Director or the Director's designee regarding compliance with A.R.S. Title 3, Chapter 20.

2. Identifying for the Director or the Director's designee where records required by this Chapter are maintained, where personal protection equipment is located, and where pesticides are stored.

Demonstrating that all applicators are properly certified.

B. The political subdivision shall annually submit the following information about the responsible individual(s) during the month of May on a form obtained from the Director or the Director's designee:

1. Full name;

2. Physical address;

3. Mailing address, if different from the physical address;

4. E-mail address;

5. Telephone number;

6. Dated signature of the responsible individual(s) affirming that the information provided is true and correct.

C. If the political subdivision changes its responsible individual(s), the political subdivision shall provide the information about the new responsible individual(s) listed in subsection (B) to the Director within 30 days.

D. School districts are exempt from this Section.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Ariz. Admin. Code § R3-8-214 Reserved

History

• New reserved Section recodified from R4-29-214 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-215 Continuing Education

A. A certified applicator who is not a QA shall, during the current certification period, obtain six CEUs in order to renew the certification for one year or 12 CEUs in order to renew for two years.

B. A QA shall, during the current certification period, obtain 12 CEUs in order to renew the certification for one year or 24 CEUs in order to renew for two years.

C. For an individual who holds both a certified applicator license and a QA license, obtaining the units required in subsection (B) satisfies the requirement in subsection (A).

D. CEUs earned during a certification period that are in excess of the requirements in this Section do not carry forward for use in a subsequent certification period.

E. An applicator who teaches a continuing education course may earn one unit of continuing education for each hour taught, not more than once during a calendar year.

F. No CEU credit will be earned by an attendee of a continuing education course who does not complete the course.

G. No CEU credit will be earned by an attendee of a continuing education course who had previously attended the same course during the same licensing period.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Ariz. Admin. Code § R3-8-216 Continuing Education Approval

A. Only continuing education courses approved by the PMD may be used to satisfy the continuing education requirement in R3-8-215 . The PMD shall approve a continuing education course only if the course addresses: what is found in R3-8-211(B) and (C) .

1. Pesticide labels and labeling;

2. Safety, environmental factors, and consequences;

3. Pesticide use and disposal;

4. Laws and rules related to pest management and the business of pest management;

5. Application techniques;

6. Calibration and dilution;

7. Equipment;

8. Pest identification;

9. Life cycles and habits;

10. Calculation and measurements;

11. New pest management technologies;

12. Integrated pest management; or

13. Licensee responsibilities.

B. A person who wishes to have the PMD determine whether a course qualifies for CEU credit shall submit the following information to the PMD:

1. Type of continuing education listed under subsection (A);

2. Name of continuing education provider;

3. Address and telephone number of continuing education provider;

4. Course outline, listing the subjects and indicating the amount of time allocated for each subject;

5. Brief description of the information covered within each subject;

Brief biography of the presenter, demonstrating the presenter's qualifications;

7. Whether a fee is charged for attending the course;

8. Date and location of each session;

9. Whether the course is open to the public;

10. Number of continuing education units sought;

11. Previous continuing education number, if any; and

12. Dated signature of applicant;

C. The provider of an approved continuing education course shall:

1. Enter attendance information using the PMD's on-line continuing education reporting tool within 10 days after the date of the continuing education course, and

2. Maintain a copy of the verification of attendance and original sign-in sheet that lists the attendees' names and certification numbers for two years.

3. Allow PMD and Department employees to attend the course and review course materials without charge, except that the provider has no obligation to provide food to the employees that is made available for paying attendees.

Notify PMD in writing of the date, time and place of each continuing education course at least two weeks before each course. Inhouse and online courses are exempt from this requirement.

D. Unless otherwise indicated in the notice of approval, the PMD's approval of a continuing education course is valid for two years.

E. Approval of a continuing education course is not renewable. To reapply for approval of a continuing education course, a person shall comply with the requirements of subsection (B).

F. The provider of an approved continuing education course shall provide notice and updated information to the PMD within 10 days after the subject matter or instructor of the course changes.

G. To evaluate the effectiveness of a continuing education course, the PMD may monitor an approved continuing education course at no cost.

H. The PMD shall revoke its approval of a continuing education course if the PMD determines that the course fails to meet the standards for approval listed in this Section, the continuing education provider provided false information on its application or false information pertaining to attendance, or the continuing education provider fails to comply with the PMD's statutes and this Chapter.

I. The PMD may modify the number of CEUs earned for a CEU course if the CEU course varies significantly in content or length from the approved curriculum. If the PMD modifies the number of CEUs earned, the PMD shall send a letter of modification to the course organizer, who shall be required to inform all individuals who attended the course.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017. Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.

Article 3 PEST MANAGEMENT

Ariz. Admin. Code § R3-8-301 Using Pesticides and Devices

A. An applicator shall use only a pesticide that is currently registered for use by the Department or was registered by the Department and does not have a passed EPA end use date.

B. An applicator shall not misuse a pesticide or device. It is misuse of a pesticide or device if an applicator:

1. Applies, handles, stores, or disposes of a pesticide or device in a manner that is inconsistent with the label or labeling;

2. Provides a pest management service or handles a pesticide without wearing clothing and using the personal protective equipment required by the label or labeling to protect the applicator from pesticide exposure;

3. Uses a pesticide in a manner that causes the pesticide to come into contact with a per-son, other than the applicator, animal, or property, other than the property receiving the pest management service, unless the contact results from an accident beyond the reasonable control of the applicator;

4. Uses a pesticide in a food-handling establishment that is not labeled for foodhandling establishment; and

Uses a pesticide in a manner that contaminates food, feed, or drugs or equipment used to prepare or serve food, feed, or drugs.

C. While mixing a pesticide with water, an applicator shall protect the water supply from back- siphoning of the pesticide mixture. An applicator shall not add water to a tank in which a pesticide is mixed or from which a pesticide is dispensed by protruding a fill-pipe or hose connection into the tank. An applicator shall ensure that a fill-pipe or hose connection terminates at least two inches above the tank fill opening or is equipped with an effective anti- siphoning device.

D. An applicator shall ensure that all equipment, including auxiliary equipment such as a hose or metering device, used for mixing or applying a pesticide is in good repair and operating properly.

E. An applicator shall apply, store, or dispose of a pesticide designated by the EPA as restricted use only if the applicator is certified or working under the immediate supervision of an applicator certified in the category for which the restricted-use pesticide is applicable.

F. An applicator shall clean a pesticide spill in accordance with the pesticide label and labeling directions and in a manner that minimizes exposure to humans and other non-target organisms. If a pesticide spill may endanger humans, an applicator shall clean the pesticide spill in accordance with recommendations by health and medical personnel and local authorities.

G. An applicator shall apply a pesticide at a rate provided by a Special Local Need registration issued by the Department and the pesticide labeling. The applicator shall have in the applicator's possession at the time of the application both the Special Local Need labeling and the EPA section 3 label and labeling.

H. If information regarding provision of a particular pest management service is not available on the pesticide label or labeling or addressed in the PMD's statutes or this Chapter, an applicator shall comply with the pesticide manufacturer's recommendation and the general industry practice prevailing in the community at the time the pest management service is provided.

I. If there is a conflict between any provision in this Section and labeling instructions, an applicator shall follow the more specific instruction.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017. Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.

Ariz. Admin. Code § R3-8-302 Storing and Disposing of Pesticides and Devices

A. An applicator shall store and dispose of a pesticide or device in a manner consistent with its label and labeling.

B. An applicator shall store a pesticide in a closed container that is free from corrosion, leakage, or pesticide contamination on the outside of the container and properly labeled.

C. An applicator shall ensure that a service container bears a durable and legible specimen label with the following information:

1. The name, address, and telephone number of the business licensee or political subdivision;

2. The common chemical or trade name of the principal active ingredients;

3. The EPA registration number;

4. The strength of the concentrate or dilution expressed as a percentage of active ingredients;

5. Any signal word required on the label; and

6. The phrase "KEEP OUT OF REACH OF CHILDREN."

D. An applicator shall not place words or markings on a service container or on the label affixed to the service container that are unrelated to the pesticide in the service container, except for markings related to a method of tracking the product.

E. If the label affixed to a pesticide container becomes lost or damaged, an applicator shall attach a specimen label to the pesticide container.

F. An applicator shall replace a damaged container, other than a fumigant container, with an identically labeled container or a properly labeled service container.

G. Application equipment from which a pesticide is directly discharged and in which the pesticide is not stored is not subject to the labeling requirements of this Section.

H. An applicator shall not store a pesticide in a manner which food, beverage, feed, drugs, cosmetics, eating utensils, or tobacco products can be contaminated.

I. An applicator shall not store a pesticide in a container that was used for food, beverage, feed, drugs, or cosmetics, or which by size, shape, or marking could be confused as being a food, beverage, feed, drug, or cosmetic.

J. An applicator shall not store a fumigant within a residence, office or cab of a vehicle.

K. An applicator shall ensure that a pesticide in an original or service container, an empty pesticide container that has not been prepared for disposal in accordance with its label, or a return-able or reusable pesticide container is kept in a locked storage space when on an unattended service vehicle or is within view and under the supervision of the applicator responsible for the service vehicle.

L. An applicator shall ensure that a pesticide in portable application equipment is kept locked when on an unattended service vehicle or is within view and under the supervision of the applicator responsible for the service vehicle.

M. To prevent damage during transit, an applicator shall ensure that a pesticide container is secured in a locked storage space while the pesticide container is transported on a service vehicle.

History

• New Section recodified from R4-29-302 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-303 Pesticide and Device Storage Area

A. A business licensee or political subdivision shall provide a pesticide and device storage area that complies with all federal, state, and local laws. The storage area may include an area on a service vehicle.

B. A business licensee or political subdivision shall secure the storage area required under subsection (A) from unauthorized entry by equipping its entrance or access with a lock.

C. Immediately after storing a pesticide, a business licensee or political subdivision shall conspicuously post a sign at the entrance or access to a non-vehicle storage area and on a vehicle storage area indicating there is a pesticide, chemical, or poison stored inside.

D. A business licensee or political subdivision shall provide sufficient ventilation to the outside of the storage area required under subsection (A) to prevent build-up of odors and preclude chemical injury to an individual or animal.

E. A business licensee or political subdivision shall provide the following in or immediately adjacent to the storage area required under subsection (A), including a storage area on a service vehicle:

1. Electric or battery-powered lighting that is sufficient to read a pesticide label;

2. Fully charged and operational fire extinguisher or fire suppression system appropriate to each pesticide stored in the area;

Emergency medical information including the telephone number of the state or local poison control center;

Material capable of absorbing a spill or leak of at least one gallon;

5. Specimen label and SDS for each pesticide stored in the area; and

6. Washing facilities that include at least one gallon of fresh water, soap, and towels.

History

• New Section recodified from R4-29-303 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-304 Devices Exempt from Licensure and Registration; Advertising

A. The following devices are not subject to the licensure and registration requirements of this Chapter or the PMD's statutes:

1. Physical barriers used to remove or prevent infestation by pests;

Equipment used for the physical removal of pests or the habitat of pests;

3. Mechanical equipment used for the physical removal of weeds and other vegetation;

4. Mechanical traps used without a pesticide;

5. Installation equipment used for home improvement or modifications;

6. Raptors used to control or relocate other birds; and

7. Fire arms.

B. An unlicensed person who engages in the business of pest management, but is exempt from licensure and registration because the person does not apply any pesticides and only uses devices listed in subsection (A) shall prominently display or include the phrase "Not licensed to apply pesticides" in all written and oral advertisements.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Ariz. Admin. Code § R3-8-305 Equipping a Service Vehicle

A business licensee or political subdivision shall provide each service vehicle with the following:

1. All equipment and supplies required by the label and labeling to apply properly the pesticides on the service vehicle;

2. A measuring and pouring device compatible with the pesticides on the service vehicle;

3. Protective clothing and safety equipment suitable for use when handling, mixing, or applying the pesticides on the service vehicle;

4. Material capable of absorbing a spill or leak of at least one gallon;

5. A storage container large enough to hold material contaminated by absorbing a spill or leak of pesticides;

6. At least one gallon of clean, drinkable water for each individual using the service vehicle at one time;

7. Uncontaminated change of clothing;

8. Specimen label and SDS for each pesticide on the service vehicle; and

9. A locking storage space designed to prevent a pesticide container from being damaged while in transit.

History

• New Section recodified from R4-29-305 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-306 Providing Notice to Customers

A. Immediately following an application, the applicator shall provide a written notice to a customer for whom the applicator provides a pest management service that contains the:

1. Name and address of the customer;

2. Specific site to which a pesticide was applied;

3. Date of service;

4. Target pest or purpose of service;

5. Trade name of pesticide applied;

6. EPA registration number of restricted use pesticide applied;

7. Amount of pesticide applied, in terms of percent active ingredient and volume of diluted mixture or in terms of total amount of liquid concentrate, ready-to-use product, granular material, or bait stations;

8. Name and certification number of the applicator or if the applicator is uncertified, the name of the uncertified applicator and the name and certification number of the applicator providing supervision; and

Following statement printed in at least an eight-point font: "Warning-Pesticides can be harmful. Keep children and pets away from pesticide applications until dry, dissipated, or aerated. For more information, contact [business licensee's name and business license number issued by the PMD] at [business licensee's telephone number]."

B. The applicator may provide the notice required by subsection (A) electronically.

C. An applicator who provides a pest management service at a school shall comply with the notification requirements in A.R.S. § 3-3606.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Ariz. Admin. Code § R3-8-307 Performing a Wood-destroying Insect Inspection; WDIIRs

A. Only an applicator certified in the category of wood-destroying organism management, who works under the direct employment of a business license and who has received the training required under A.R.S. § 3-3633 may complete a WDIIR.

B. An applicator completing a WDIIR shall inspect all areas of a structure including crawlspaces that are visible or accessible at the time of the inspection. The applicator may use techniques such as non-destructive probing and sounding.

C. An applicator completing a WDIIR may exclude from inspection an area that is permanently covered by a floor covering, wall covering, or built-in appurtenance such as a bookcase, cabinet, appliance, equipment, or furniture or that would require removing or marring finish work or moving furniture, appliances, or equipment. The applicator shall note on the WDIIR all areas that are not inspected and the reason the areas are not inspected.

D. An applicator completing a WDIIR shall inspect all areas where there is evidence of current or previous infestation and where a condition conducive to infestation exists. A condition conducive to infestation includes:

1. Faulty grade level. If a structure contains a slab or floor that is at or below grade, the existing earth level is considered grade level;

2. Inaccessible sub-area such as an area with less than 24 inches of clear space between the bottom of a floor joist and grade level;

3. Excessive cellulose debris. Cellulose debris is excessive when:

a. The debris can be raked into a pile of at least one cubic foot,

b. A stump or wood imbedded in a footing of the structure is in contact with earth, or

c. Firewood or a lumber pile is within six inches of the structure;

4. Earth-to-wood contact, which involves wood that is part of a structure or that is attached to or securely abuts the structure and is in contact with the ground; or

5. Excessive moisture or evidence of a moisture condition in or around a structure.

E. To verify whether a corrective treatment was performed or a condition conducive to infestation was corrected, an applicator may conduct a supplemental inspection within 30 days after an original inspection. An inspection conducted more than 30 days after an original inspection is not a supplemental inspection.

F. An applicator completing a WDIIR may exclude from inspection other structures at the site. The applicator shall note on the WDIIR all structures at the site that are not inspected and the reason the structures are not inspected.

G. WDIIRs shall be prepared in accordance with R3-8-501(E).

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Ariz. Admin. Code § R3-8-308 Performing Wood-destroying Insect Management

A. An applicator shall not perform wood-destroying insect management or fumigation unless the applicator is certified in the category of wood-destroying organism treatment or fumigation, respectively, or working under the immediate supervision of an applicator who is certified in the category of wood-destroying organism treatment or fumigation respectively.

B. An applicator shall not perform wood-destroying insect management, issue a treatment proposal, or quote a fee for service until the business licensee that employs the applicator ensures that:

1. An on-site inspection of the property is performed by a certified applicator meeting the training requirement under A.R.S. § 3-3632(E),

2. A treatment proposal is prepared, based upon the on-site inspection, on a form approved by the PMD and contains the information required under A.R.S. § 3-3632(B) and (C), and

3. The treatment proposal is delivered to the person requesting the proposal or treatment, prior to the treatment.

C. An applicator shall apply a termiticide only in the quantity, strength, dosage, and manner prescribed on the termiticide label unless otherwise specified by this Chapter or a PMD order.

D. Pretreatment for commercial or residential construction.

1. Unless a contract between the business licensee and customer specifies additional requirements, an applicator performing a pretreatment shall:

a. Establish a horizontal barrier of termiticide before any concrete slab under roof is poured or in conjunction with establishing the footings and supports for a raised foundation; and

b. Establish a vertical barrier of termiticide in all critical areas visible during the time of pretreatment. An area is critical at the time of pretreatment if the area is identified as critical by the termiticide label or if there is soil in the immediate vicinity of:

i. A penetration or protrusion through the slab;

ii. An observable preset for crack or joint control;

iii. A formed-up change of grade level;

iv. Abutting slabs;

v. A bath trap or tear-out;

vi. The interior of a foundation or stem wall; or

vii. A pier, pillar, pipe, or other object that extends from the soil to the structure.

Except as specified on the termiticide label, an applicator shall treat all critical areas during a pretreatment at a rate allowed by the product label, for each foot of depth from grade level to the footer. If there is no adjacent footer, the applicator shall treat to a depth of one foot or as specified by labeling instructions.

3. Unless the termiticide label requires more, an applicator is not required to treat a critical area during a pretreatment beyond a depth of four feet if:

a. Treating beyond a depth of four feet will, or reasonably may, cause an off-site application;

b. Access to the footer is not possible because of its distance below grade; or

c. Treating beyond a depth of four feet will, or reasonably may cause an environmental contamination.

4. If an applicator does not treat a critical area during a pretreatment beyond a depth of four feet because the applicator determines that one of the exceptions in subsection (D)(3) is applicable, the applicator shall:

a. Apply the amount of termiticide possible without causing an off-site application or environmental contamination, and

b. Include evidence of the exception in the treatment record. Evidence of the exception may include:

i. A photograph of the interior grade and adjacent location that would or reasonably might be contaminated by treating beyond a depth of four feet,

ii. A photograph of the site after the pretreatment but before concrete placement,

iii. A written statement from the general contractor concerning the fill material and compaction rating,

iv. A written statement from the concrete subcontractor describing the depth of the footer as greater than four feet, or

v. A written compaction rating statement from the engineering subcontractor.

5. If an applicator is advised before concrete is poured that a treated area is disturbed and the continuous horizontal or vertical chemical barrier established under subsection (D)(1) is broken, and if the applicator is provided an opportunity to re-treat the disturbed area, the applicator shall re-treat the disturbed area and re-establish a continuous horizontal and vertical chemical barrier.

6. Immediately after completing a pretreatment, an applicator shall securely affix a tag to the pretreatment site. The applicator shall ensure that the tag is visible, readily available for inspection, and unlikely to be covered with concrete or soil. If there is a contractor's permit or inspection board at the pretreatment site, the applicator may affix the tag to the board. The applicator shall ensure that the tag contains the following in-formation about the pretreatment:

a. Name of business licensee;

b. Address of business licensee;

c. Telephone number of business licensee;

d. License number of business licensee;

e. Location or address of project;

f. Date of pretreatment application;

g. Time that application was started (not time that applicator arrived at the site);

h. Time that application ended (not time that applicator left the site);

i. Trade name of pesticide used;

j. Percentage of active ingredient in the pesticide used;

k. Number of gallons of chemical preparation applied;

l. Square footage of area treated;

m. Linear footage of area treated;

n. Type of slab construction;

o. Name of applicator; and

p. Certification number of applicator or, if not certified, the name and certification number of the applicator providing immediate supervision.

If it is necessary for an applicator to abandon a pretreatment site before completing the treatment, the applicator shall complete and affix the tag described in subsection (D)(6), representing the work completed, and after marking the tag "TREATMENT INCOMPLETE."

8. If a contractor requires a copy of the tag described in subsection (D)(6) for the customer's file, an applicator shall prepare and provide the contractor with a duplicate tag that is clearly marked "DUPLICATE."

E. New-construction treatment for commercial or residential construction.

1. Unless specifically precluded by the termiticide label, an applicator performing a new-construction treatment shall treat all critical areas visible at the time of the treatment. An area is critical at the time of a new-construction treatment if the area is identified as critical by the termiticide label or if there is soil in the immediate vicinity of:

a. A penetration or protrusion through the slab;

b. An observable crack or joint;

c. Abutting slabs;

d. A bath trap or tear-out;

e. The interior of a foundation or stem wall; or

f. A pier, pillar, pipe, or other object that extends from the soil to the structure.

2. An applicator shall comply with subsections (D)(2) through (D)(4) when treating a critical area during a new-construction treatment except that the treatment shall be at the labeled rate rather than at a rate of four gallons of chemical preparation per 10 linear feet for each foot of depth.

3. If an applicator is advised that a treated area is disturbed, the applicator shall re-treat the disturbed area.

4. Immediately after completing a new-construction treatment, an applicator shall securely affix a tag to the new-construction site in the manner described in subsection (D)(6). The applicator shall ensure that the tag contains the information listed in subsection (D)(6).

5. An applicator shall comply with subsections (D)(7) and (D)(8) when performing a new-construction treatment.

F. Final grade treatment for commercial or residential construction.

1. A business licensee that performs a pretreatment or new-construction treatment shall perform a final grade treatment. The final grade treatment must occur after all grading and other construction-related soil disturbance is complete, but within 18 months of the original pretreatment or new construction treatment. The business licensee shall keep a written or electronic record as to why the final grade has not been completed and an estimated time for completion. This record shall be available upon written requests for inspection by the Agency.

2. An applicator shall treat the soil along the exterior of foundation walls at a rate of four gallons of chemical preparation per 10 linear feet (unless precluded by label directions) after all grading and other construction-related soil disturbance is complete, but within twelve months of the original pretreatment or new-construction treatment. Except as specified on the termiticide label, an applicator shall treat all critical areas during a pretreatment at a rate allowed by the product label.

3. An applicator shall leave a record of the final grade treatment in an unlocked electrical or circuit-breaker box, if available. Otherwise, the applicator shall conspicuously post or leave the record with the property agent. The applicator shall ensure that the record of the final grade treatment contains the information listed in subsection (D)(6), except the information required under subsections (D)(6)(l) and (D)(6)(n) is not required.

G. An applicator who performs a pretreatment, new-construction treatment or final grade treatment shall ensure that a copy of the information recorded on a tag required under subsection (D) or (E) or the final grade treatment record required under subsection (F) is provided to the business licensee for inclusion in the business licensee's service records.

H. A warranty regarding subterranean termite treatment shall only be issued to a builder if the structure received a pretreatment or a new-construction treatment.

I. Post-construction treatment for commercial or residential construction.

1. If an applicator uses a drilling and injecting application method for a post-construction treatment, the applicator shall space the treatment holes in each treated area no more than 24 inches apart or in accordance with the termiticide label, whichever is more restrictive. If an applicator determines that a structural feature makes it necessary to space treatment holes more than 24 inches apart, the applicator may space the treatment holes more than 24 inches apart if the greater distance is within the limits on the termiticide label.

2. After completing a post-construction treatment using a drilling and injection application method, an applicator shall securely patch all treatment holes, including those in an un-finished basement, enclosed porch, garage, or workshop, with a material that is non-porous and non- cellulose.

3. Unless precluded by label directions, any application to treat the soil along the exterior of foundation walls shall be made at an effective treatment rate of four gallons of chemical preparation per ten linear feet in a trench six inches wide or other method of treatment prescribed by the label to achieve the effective treatment rate.

4. All post construction treatments shall be made in accordance with the treatment proposal delivered as required under subsection (B). Any deviations to the original proposal shall be redelivered in writing in a revised treatment proposal and shall be approved prior to performing the treatment by the person who requested the original proposal or their authorized agent.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017. Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.

Ariz. Admin. Code § R3-8-309 Termite Warranties and Retreatments

A. If a business licensee or an employee of a business licensee is advised before concrete is poured that a pretreatment area is disturbed and the continuous chemical barrier is broken and if an opportunity is provided to re-treat the disturbed area or is advised that a new-construction treatment area is disturbed, the business licensee shall ensure that the disturbed area is retreated.

B. A business licensee that provides a subterranean termite treatment warranty shall ensure that the effective date of the warranty is the date on which treatment begins.

C. If subterranean termites occur in or on a residential or commercial structure within three years after a business licensee first performs a pretreatment or new-construction treatment of the structure, the business licensee shall re-treat the affected area of the structure free of charge in accordance with the label specifications of a termiticide available for use. If subterranean termites occur in or on an addition that does not abut the slab of a residential or commercial structure within three years after a business licensee first performs a pretreatment or new-construction treatment of the non-abutting addition, the business licensee shall re-treat the non-abutting addition free of charge in accordance with the label specifications of a termiticide available for use. For the purpose of this subsection, the business licensee is the business licensee who performed the pretreatment or new-construction treatment or a successor that acquired the business assets pertaining to wood-destroying insect treatment.

D. If subterranean termites occur a third time on the exterior of a one or two unit residential structure within three years after a business licensee first performs a pretreatment or new-construction treatment, the business licensee shall re-treat the entire exterior perimeter of the structure free of charge.

1. As used in this subsection, exterior means a portion of a residential structure where termite activity originates and that is not livable and not a garage;

For the purpose of this subsection and subsection (E):

a. A first occurrence means the first time evidence of subterranean termites exists after a pretreatment or new-construction treatment;

b. A second occurrence means evidence of subterranean termites exists at least 25 feet away from the site of the first occurrence and at least 45 days after the date of re-treatment for the first occurrence; and

c. A third occurrence means evidence of subterranean termites exists at least 25 feet away from the sites of both the first and second occurrences and at least 45 days after the date of re-treatment for the second occurrence.

E. If subterranean termites occur a third time on the interior of a one or two unit residential structure within three years after a business licensee first performs a pretreatment or new-construction treatment, the business licensee shall perform a post-construction treatment of the entire structure free of charge. As used in this subsection, interior means a portion of a residential structure where termite activity originates and that is livable or a garage.

F. A business licensee that performs a re-treatment under subsection (C) or (D) or a post-construction treatment under subsection (E) shall not charge the consumer for any expense incurred in providing the re-treatment or post-construction treatment to which the consumer is entitled under this Chapter.

G. If a business licensee goes to a structure to perform a re-treatment under subsection (C) or (D) or a post-construction treatment under subsection (E) and determines there is no evidence of subterranean termites, the business licensee may charge the consumer a reasonable amount for the expenses incurred in making the trip.

H. If a business licensee determines that a re-treatment or post-construction treatment is necessary because the continuous chemical barrier is disturbed, the business licensee may charge the reasonable cost of reestablishing the barrier.

I. If a customer refuses a re-treatment or post-construction treatment as described in this Section, access to the customer's property, or to allow drilling in an area where drilling is necessary, the business licensee shall obtain the customer's printed name and dated signature on a document evidencing that the business licensee:

1. Informed the customer of the right to a re-treatment or post-construction treatment at no charge,

2. Provided the customer with a copy of this Section and the termiticide label requirements,

3. Provided the customer with the PMD's telephone number, and

4. Explained to the customer the benefits of having and the detriments of not having a re-treatment or post-construction treatment.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Ariz. Admin. Code § R3-8-310 Business Management

A. Financial responsibility.

1. A business licensee shall maintain the financial responsibility required by A.R.S. § 3- 3615 and this Chapter.

2. A business licensee shall ensure that the required financial responsibility covers all pest management activities provided from the primary business office and each branch office.

3. If there is an interruption in the financial responsibility of a business licensee, the business licensee shall immediately stop providing pest management services.

B. Use of business name and license number.

1. A business licensee shall prominently display the license issued by the PMD at the primary business office and each branch office.

2. A business licensee shall prominently display the business name and license number, as recorded on the license issued by the PMD, on:

a. Customer proposals or contracts for pest management services;

b. Service records;

c. Inspection reports;

d. Written materials provided to customers or potential customers;

e. Correspondence;

f. Advertisements; and

g. Service vehicles and trailers used in providing pest management services. The business licensee shall ensure that the business name and license number display on a service vehicle or trailer used in providing pest management services conforms to the following:

i. Is affixed to the service vehicle or trailer used in providing pest management services within 30 days after the PMD issues the license or issues a business license change or after the service vehicle or trailer is acquired, whichever is sooner;

ii Is in a color that contrasts with the color of the service vehicle and trailer;

iii Is on both sides of the service vehicle and trailer;

iv. Uses at least two-inch letters for the principal words in the business name and at least one and one-half inch letters for other words in the business name; and

v. Uses at least two-inch numbers for the license number.

3. A business licensee that always uses a service vehicle and trailer together is required to mark only the service vehicle or trailer as described in subsection (B)(2)(g). A business licensee that uses a vehicle only for sales, solicitations, or solely for inspections and does not carry a pesticide, and does not otherwise use the vehicle to provide a pest management service, is not required to mark the vehicle as described in subsection (B)(2)(g).

4. When complying with subsection (B)(2), a business licensee may use a slogan, trade name, or trade mark in addition to the business name and license number. When complying with subsection (B)(2), a business licensee may use a word or phrase to indicate its former licensed business name if it had a previously licensed business name.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017. Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.

Ariz. Admin. Code § R3-8-311 Reserved

History

• New reserved Section recodified from R4-29-311 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-312 Reserved

History

• New reserved Section recodified from R4-29-312 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-313 Reserved

History

• New reserved Section recodified from R4-29-313 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-314 Reserved

History

• New reserved Section recodified from R4-29-314 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-315 Reserved

History

• New reserved Section recodified from R4-29-315 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-316 Reserved

History

• New reserved Section recodified from R4-29-316 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-317 Reserved

History

• New reserved Section recodified from R4-29-317 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-318 Reserved

History

• New reserved Section recodified from R4-29-318 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-319 Reserved

History

• New reserved Section recodified from R4-29-319 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-320 Reserved

History

• New reserved Section recodified from R4-29-320 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Article 4 SUPERVISION

Ariz. Admin. Code § R3-8-401 Supervising an Applicator

A. A QP and business licensee shall ensure that an applicator receives the training, equipment, and supervision that the applicator requires to comply fully with the PMD's statutes, this Chapter, and label and labeling directions.

B. A QP shall be readily available to an applicator while the applicator provides pest management services.

C. A QP shall ensure that the use, application, storage, or disposal of a pesticide is performed or supervised by an individual certified in a category applicable to the pesticide being used, applied, stored, or disposed.

D. A QP shall ensure that immediate supervision, which requires supervision by a certified applicator who is physically present, is provided when an uncertified applicator performs pest management services in the wood-destroying organism management, aquatic, or fumigation category, uses a restricted use pesticide, or uses a pesticide under an experimental use permit. A QP shall ensure that a certified applicator provides immediate supervision to not more than two uncertified applicators at a time.

E. In circumstances other than those described in subsection (D), a QP shall ensure that direct supervision, which does not require a supervising certified applicator to be physically present, is provided. A QP shall ensure that a certified applicator providing direct supervision considers the potential danger to the public or environment if the uncertified applicator misuses a pesticide. A QP shall ensure that a certified applicator providing direct supervision instructs the uncertified applicator in the following areas and has written evidence that the instruction was provided and understood:

1. Proper loading, mixing, applying, storing, and disposing of the pesticide;

2. Use of required safety equipment; and

3. Method and means by which to contact the supervisor immediately.

F. A QP shall ensure that an applicator has the protective clothing, safety supplies, and equipment specified by the label or labeling of each product used by the applicator and by the PMD's statutes and this Chapter. The QP shall ensure that the applicator is instructed regarding how to use, maintain, clean, and store the protective clothing, safety supplies, and equipment.

G. A QP, business licensee, and political subdivision shall not allow an uncertified applicator to apply a pesticide for more than 120 days after the applicator is registered.

H. Direct Supervision Requirements For Restricted Use Pesticides. When a restricted use pesticide is applied by a non-certified applicator, the certified applicator providing direct or immediate supervision shall meet the requirements of 40 CFR § 171.201(a) through (d) (82 FR 1040, January 4, 2018). This material is incorporated by reference, is on file with the Department, and does not contain any later amendments or additions.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017. Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.

Ariz. Admin. Code § R3-8-402 Qualifying a Business or School District

A. A business licensee or school district shall employ a QP in each category of pest management in which the business licensee or school district provides pest management services. A business licensee or school district may employ multiple QPs.

B. A QP may not qualify more than one business licensee or school district at a time.

C. Notwithstanding subsection (B), the director may allow a QP to qualify more than one school district if the director believes that the number of applicators, pest management needs, and distance of the school districts will not hinder the QP's ability to comply with R3-8-403.

D. A QP may only qualify a business licensee or school district in the categories of pest management in which the QP is registered.

History

• New Section recodified from R4-29-402 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2). Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.

Ariz. Admin. Code § R3-8-403 Qualifying Party Management

A. A QP shall be physically present at the primary business office at least once every 14 days and at each branch office at least once every 120 days and ensure that all of the following are done:

1. Determine pesticide use by reviewing records of pesticide acquisitions, storage, disposal, and current inventory;

2. Review the pesticide inventory, including pesticides stored on a service vehicle, to determine compliance with labels, labeling, and the PMD's statutes and rules;

3. Review the training, supervision, and equipping of applicators employed by the business licensee or school district to determine whether the training, supervision, and equipping is sufficient to enable the applicators to comply with labels, labeling, and the PMD's statutes and rules;

4. Review personnel records to determine whether an applicator employed by the business licensee or school district is registered and certified in all applicable categories within the time-frames specified by R3-8-201;

5. Review office records and recordkeeping procedures to determine compliance with required recordkeeping and reporting; and

6. Ensure that any deficiency noted when the responsibilities listed in subsections (A)(1) through (A)(5) are performed is corrected.

B. A QP shall develop a written plan that specifies how the duties and responsibilities of the QP are to be fulfilled if the QP is absent or unavailable for any reason. The QP shall ensure that the plan is implemented when the QP is absent or unavailable.

C. A QP shall not delegate the responsibility to be physically present at least every 14 days at the primary business office and at least every 120 days at branch offices unless the QP submits written documentation to the PMD from a licensed medical or mental health care professional that indicates the licensed medical or mental health care professional is treating the QP and is of the opinion that the QP is unable to fulfill the responsibility to be physically present as required.

D. A QP shall:

1. Be active in the management of all pest management related activities of the business licensee or school district.

2. During normal business hours, be readily available to the applicators of the business licensee or school district.

3. Ensure that a business licensee maintains current proof of financial security.

E. A temporary QP has the same duties and responsibilities as a regular QP.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Ariz. Admin. Code § R3-8-404 Branch Supervisors

With respect to a branch office, the branch supervisor shall fulfill all the duties and responsibilities of a QP in this Article, except as follows:

1. The branch supervisor shall be present at the branch office at a minimum of once every 14 days to review pesticide use, storage and disposal and by ensuring the training, equipping, and supervision of the applicators.

2. The branch office may operate in each category of pest management in which the QP is registered even if the branch supervisor is not a certified applicator in the category, though R3-8-201(C) still applies.

3. The branch supervisor is not responsible for ensuring that the business licensee maintains current proof of financial security.

History

• New Section recodified from R4-29-404 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2). Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.

Ariz. Admin. Code § R3-8-405 Supervision of Qualifying Party

A business licensee or school district shall ensure that a QP of the business licensee or school district receives the training, equipment, and supervision that the QP requires to comply fully with the PMD's statutes and rules and label and labeling directions.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Ariz. Admin. Code § R3-8-406 Responsible Individuals

A responsible individual for a political subdivision shall

1. Respond to inquiries or concerns by the Director or the Director's designee regarding compliance with A.R.S. Title 3, Chapter 20.

Identify for the Director or the Director's designee where records required by this Chapter are maintained, where personal protection equipment is located, and where pesticides are stored.

Demonstrate that all applicators are properly certified.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Ariz. Admin. Code § R3-8-407 Joint Responsibility

A. An applicator, qualifying party, branch supervisor, or business licensee who supervises another person shall ensure that the supervised person is properly trained and equipped and receives the supervision necessary for the supervised person to provide pest management services in accordance with the pesticide label and labeling, this Chapter and the PMD statutes.

B. An applicator, qualifying party, branch supervisor, or business licensee who supervises another person may be held jointly responsible for the acts or omissions of the supervised person.

C. It is an affirmative defense to joint responsibility as described in subsection (B) if an applicator, qualifying party, branch supervisor, or business licensee complied with subsection (A) and can demonstrate that compliance with contemporaneously maintained records.

D. A QP and business licensee shall comply with every provision in this Chapter regarding applicator duties and responsibilities.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Ariz. Admin. Code § R3-8-408 Reserved

History

• New reserved Section recodified from R4-29-408 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-409 Reserved

History

• New reserved Section recodified from R4-29-409 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-410 Reserved

History

• New reserved Section recodified from R4-29-410 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-411 Reserved

History

• New reserved Section recodified from R4-29-411 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-412 Reserved

History

• New reserved Section recodified from R4-29-412 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-413 Reserved

History

• New reserved Section recodified from R4-29-413 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-414 Reserved

History

• New reserved Section recodified from R4-29-414 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-415 Reserved

History

• New reserved Section recodified from R4-29-415 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-416 Reserved

History

• New reserved Section recodified from R4-29-416 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-417 Reserved

History

• New reserved Section recodified from R4-29-417 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-418 Reserved

History

• New reserved Section recodified from R4-29-418 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Article 5 RECORDKEEPING AND REPORTING

Ariz. Admin. Code § R3-8-501 Applicator Recordkeeping

A. An applicator shall make all records required by law and provide the records to the business licensee or political subdivision that supervises, directs, or employs the applicator within five business days.

B. Service records. An applicator shall make a record of each pest management service provided. The applicator shall include the following information in the service record:

1. Name and address of the customer;

2. Specific site at which a pesticide was applied;

3. Date and time of service;

4. Target pest or purpose of service;

5. Trade name of pesticide applied;

6. EPA registration number of any restricted use pesticide applied;

7. Amount of pesticide applied, in terms of percent active ingredient and volume of diluted mixture or in terms of total amount of liquid concentrate, ready-to-use product, granular material, or bait stations; and

8. Name and certification number of the applicator or if the applicator is uncertified, name of the uncertified applicator and the name and certification number of the applicator providing supervision.

C. Pesticide purchase records. An applicator shall make a record of each restricted-use pesticide purchased or otherwise acquired. The applicator shall include the following information in the pesticide purchase record:

1. Date of purchase or acquisition;

2. Trade name of pesticide;

3. EPA registration number of pesticide;

4. Quantity of pesticide purchased or acquired; and

5. Name and license number of the applicator making the pesticide purchase record or name of the business licensee.

D. Pesticide disposal records. An applicator shall make a record of each pesticide disposed, sold, lost, or otherwise relinquished. The applicator shall include the following information in the pesticide disposal record:

1. Date of disposal;

2. Trade name of pesticide;

3. EPA registration number of pesticide;

4. Quantity of pesticide disposed;

5. Percent active ingredient in the pesticide disposed,

6. Method of disposal,

7. Location and type of disposal site or service; and

8. Name and license number of the applicator making the pesticide disposal record or name of the business licensee.

E. WDIIR. An applicator who completes a WDIIR shall:

1. Compete the WDIIR using the most current form approved by the PMD. A trademark or logo may be placed on the WDIIR if it does not alter the format or substance of the PMD approved form;

2. Submit an original WDIIR to the QP or branch supervisor within seven days after completing the wood-destroying insect inspection;

3. Submit a supplemental WDIIR to the QP or branch supervisor within seven days after completing a supplemental wood-destroying insect inspection to verify that a corrective treatment was performed or a condition conducive was corrected. The applicator shall include the original inspection number on the supplemental WDIIR;

4. If required by a federal agency, complete another inspection form in addition to but not instead of the PMD -approved WDIIR; and

5. Ensure that the following information is included on the WDIIR:

a. Name, address, telephone number, and license number of business licensee. This information may be pre-printed on the WDIIR;

b. Time and Date of wood-destroying insect inspection, and the WDIIR number;

c. Purpose of the inspection report;

d. Whether the report is from an original or supplemental inspection;

e. Name of property owner or seller;

f. Address of inspected property;

g. Inspected and un-inspected structures at the site and the reason why structures are un-inspected;

h. Areas of the structure not inspected because they were obstructed or inaccessible and the cause of the obstruction or inaccessibility;

i. Whether visible evidence of wood-destroying insects is observed;

j. Whether visible evidence of infestation from wood-destroying insects is observed and if so, the date on which a proper management measure is performed, if applicable;

k. Whether visible damage from wood-destroying insects is observed and if so, the insect causing the damage and the areas in which the damage is observed;

l. Whether visible evidence of previous treatment is observed and if so, the nature of the evidence;

m. If damage from wood-destroying insects is observed, whether or when the damage will be corrected and whether the damage will be corrected by the business licensee or another company;

n. Visible conditions conducive to infestation by wood-destroying insects;

o. Diagram or graph of the structure clearly indicating wood-destroying insects, damage, conducive conditions observed, and areas where further inspection is recommended, and a statement or indication on the diagram or graph clearly identifying inaccessible areas; and

p. Dated signature and certification number of the individual making the inspection. The individual making the inspection shall sign the WDIIR by hand or electronically and shall not use a signature stamp or allow another individual to affix the signature.

F. Wood-destroying organism treatment proposal. An applicator who is qualified under A.R.S. § 3-3632(B) and (E) shall complete a wood-destroying organism treatment proposal using a form approved by the PMD and provide a copy of the proposal to the person requesting the proposal or treatment and the QP.

G. Non-certified applicator records: When supervising an applicator of a restricted use pesticide, records shall be kept as required in 40 CFR § 171.201(e) (82 FR 1040, January 4, 2018). This material is incorporated by reference, is on file with the Department, and does not contain any later amendments or additions.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017. Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.

Ariz. Admin. Code § R3-8-502 Qualifying Party Recordkeeping

A. In addition to ensuring that the records required under R3-8-501 are made, a QP shall ensure that complete records are made and maintained of the training, supervision, and equipping provided to an applicator.

B. At a minimum, QP training records must consist of the following information:

1. Date of the training,

2. Printed name and signature of the trainee,

Printed name and signature of the trainer,

4. Brief description of topic(s) covered, and

5. Copies of labels and any other pertinent material used in training.

C. A QP shall maintain the records described in this Section for three years, including after the applicator's employment ending date.

D. Non-certified applicator records: When supervising an applicator of a restricted use pesticide, records shall be kept as required in 40 CFR § 171.201(e) (82 FR 1040, January 4, 2018). This material is incorporated by reference, is on file with the Department, and does not contain any later amendments or editions.

History

• New Section recodified from R4-29-502 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2). Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.

Ariz. Admin. Code § R3-8-503 Business Licensee and Political Subdivision Recordkeeping and Retention

A. In addition to ensuring that the records required under R3-8-501 and R3-8-502 are made and maintained, a business licensee and political subdivision shall make and maintain records of the following:

1. The specimen label and SDS for each registered pesticide currently used by an applicator supervised, directed or employed by the business licensee or political subdivision;

2. The financial responsibility required under R3-8-310(A), if applicable;

3. Purchase records of each pesticide purchased or otherwise acquired that include the following information:

a. Date of purchase or acquisition;

b. Trade name of pesticide;

c. Quantity of pesticide purchased or acquired; and

d. Name of the business licensee;

4. Date on which a service vehicle or trailer is acquired;

5. Incident reports submitted to the PMD as required under R3-8-504;

6. A pest management service provided, including a service provided under a warranty;

7. The evidence of customer refusal of a re-treatment or post-construction treatment required under R3-8-309(J);

8. Written inspection reports;

9. Business licensee contracts for pest management services; and

Personnel records including for each applicator supervised, directed or employed by the business licensee or political subdivision:

a. Date of hire or beginning of relationship;

b. Date on which pest management services are first performed;

c. Training and continuing education received;

d. Supervision received;

e. Protective clothing, safety supplies, and equipment issued to employee;

f. Name of supervisor; and

g. Employment or relationship ending date.

B. A business licensee or political subdivision shall maintain the records as follows:

1. Records under subsection (A)(1), as long as the registered pesticide is used by the business licensee or political subdivision. The business licensee shall maintain the records required under subsection (A)(1) at the primary business office or branch office from which the registered pesticide is used or at which the registered pesticide is stored;

2. Records under subsection (A)(2), current;

3. Records under subsection (A)(3) or R3-8-501(C) and (D), three years from the date of purchase or disposal;

4. Records under subsection (A)(4), as long as the service vehicle or trailer is owned by the business licensee or political subdivision;

5. Records under subsection (A)(5), until the statute of limitation for possible legal action resulting from the incident is expired or until resulting legal action is completed;

6. Records under subsection (A)(6) and (A)(7), three years;

7. Records under subsections (A)(8) and (A)(9), three years from the date on the inspection report or customer contract;

8. Records under subsection (A)(10), three years, including after the employment ending date;

9. WDIIRs completed under subsection (C), three years; and

10. Records under subsections (A)(5) and (A)(6) that pertain to the use of a restricted-use pesticide shall be maintained separate from other records.

C. When an applicator supervised, directed or employed by a business licensee submits a WDIIR, the business licensee shall record the following on the WDIIR:

1. TARF number,

2. If the business licensee has the property under warranty:

a. Account number,

b. Target pest,

c. Date of initial treatment,

d. Date of warranty expiration, and

3. The TARF number of each TARF completed regarding the property after the WDIIR is completed.

D. TARF. A business licensee or political subdivision shall:

1. Submit to the PMD a TARF, using a form approved by the PMD, within 30 days of completing an action specified under subsection (D)(3). For the purpose of reporting, a pretreatment or new-construction treatment is complete when no further preventative treatment is necessary until the final grade treatment unless it is necessary to re-treat a disturbed continuous chemical barrier. In a multiple-unit project, a pretreatment or new- construction is complete when no further preventative treatment is necessary for the last unit at the project until the final grade treatment unless it is necessary to re-treat a disturbed continuous chemical barrier;

2. Include the fee with each TARF and, if applicable, the penalty required under R3-8-103;

3. Unless exempt under subsection (D)(4), submit a TARF after completing each of the following:

a. Pretreatment, including pretreatment of an addition that does not abut the slab of a previously pretreated structure;

b. New-construction treatment, including new-construction treatment of an addition that does not abut the slab of a previously new-construction treated structure;

c. Final grade treatment;

d. Initial corrective termite treatment at a site; and

e. WDIIR.

4. Not submit a TARF after completing:

a. A supplemental WDIIR; or

b. The first initial corrective insect termite treatment at a site if the business licensee:

i. Performed a pretreatment or new-construction treatment at the site,

ii. Filed a TARF regarding the pretreatment or new-construction treatment, and

iii. Performs the initial corrective termite treatment under R3-8-309(D) or under a warranty.

5. Include the information required under A.R.S. § 3-3631 and the following on a TARF:

a. License number of the licensed business that performed the work;

b. Name of the QP;

c. For a WDIIR, indicate whether:

i. There was evidence of infestation, conditions conducive to infestation, or damage present;

ii. Previous treatment was performed for an infestation; and

iii. Corrective actions were taken for conditions conducive or damage present;

d. For a pretreatment, new-construction treatment, or final grade treatment to establish an exterior vertical barrier, indicate:

i. Chemical used and its EPA registration number,

ii. Amount of chemical used,

iii. Percentage of active ingredient in the chemical used, and

iv. Square and linear footage treated; and

e. For a post-construction corrective termite treatment, indicate:

i. Type of treatment,

ii. Target organism,

iii. Chemical used and its EPA registration number,

iv. Amount of chemical used, and

v. Percentage of active ingredient in the chemical used.

History

• New Section recodified from R4-29-503 at 23 A.A.R. 1976, effective June 30, 2017; Section amended by exempt rulemaking at 23 A.A.R. 1949, effective August 29, 2017 (Supp. 17-2). Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.

Ariz. Admin. Code § R3-8-504 Reporting Incidents and Bulk Releases

A. Notice to PMD of an incident.

1. A business licensee and political subdivision shall provide written notice to the PMD within one business day after one of the following incidents is confirmed by medical personnel or an applicable regulatory agency to be caused by a pesticide applied by the business licensee or political subdivision:

a. Death or illness of an individual;

b. Contamination of food, feed, drugs, or water supply;

c. Contamination of a structure that results in the hospitalization of an occupant or evacuation of the structure; or

d. Contamination of the environment that results in evacuation of the area.

2. A QP shall determine if the business licensee or school district has complied with subsection (A)(1). If compliance has not occurred, the QP shall provide the written notice required by subsection (A)(1) to the PMD within the time-frame specified in subsection (A)(1).

B. Notice to PMD of a bulk release.

1. A business licensee or political subdivision shall notify the PMD at the Pesticide Hotline, 1-800-423-8876, as soon as practical after a bulk release, but no later than three hours after the bulk release. If the bulk release is on a public highway or railway, or results in the death of an individual, the person shall immediately report the release to the Arizona Department of Public Safety Duty Office.

2. A QP shall determine if the business licensee or school district has complied with subsection (B)(1). If compliance has not occurred, the QP shall provide the notices specified in subsection (B)(1) within one business day after the release.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Ariz. Admin. Code § R3-8-505 Groundwater Protection List Reporting

A. For each application of a soil-applied pesticide containing an active ingredient that appears on the Arizona Department of Environmental Quality groundwater protection list and has been detected in Arizona groundwater within the last five years, the QP shall submit the following information on a quarterly basis on a form approved by the PMD:

1. The county of use,

2. The name of product used and the EPA registration number,

3. The amount applied,

4. The dates covered by the report, and

5. Business license number.

B. For the purposes of this Section, "soil-applied pesticide" means a pesticide intended for application to or injection into the soil or for which the label requires or recommends that the application be followed within seventy-two hours by irrigation. Soil-applied pesticides include pesticides applied for final grade treatment, post-construction exterior trench or rod treatment, or pre-emergent weed control, but exclude pesticides applied within the stem wall or footer of a structure or to soil that will be promptly covered with concrete.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Article 6 INSPECTIONS; DISCIPLINARY PROCEDURES

Ariz. Admin. Code § R3-8-601 Inspection of Licensee Records

A. Upon written request by the PMD for the production of records, an applicator, QP, branch supervisor, business licensee, or political subdivision shall:

1. Make the records required under this Chapter available for review by the PMD within 24 hours or by a later date specified by the PMD.

2. Make the records available at the PMD unless another location is agreed upon.

3. Be available to interpret the submitted records if requested by the PMD.

B. If a person cannot timely comply with a request made under subsection (A), the person shall immediately provide written notice to the PMD, indicate the reason for noncompliance, and request greater specificity regarding the information to be made available or additional time in which to comply.

C. If the PMD requests a record from a business licensee or political subdivision when there may be an immediate risk to the health or safety of an individual, non-target animal, or the environment, the business licensee or political subdivision shall provide the record to the PMD within one hour.

D. An applicator or branch supervisor is only responsible for producing records within the applicator's or branch supervisor's control.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Ariz. Admin. Code § R3-8-602 Compliance with PMD Monitoring

A. If the PMD makes a written request of an applicator for a list of the time and location of pest management services that the applicator is scheduled to provide on a specified date, the applicator shall make the information available within 24 hours. The applicator may make the information available in a manner prescribed by the PMD.

B. If an applicator cannot timely comply with a request made under subsection (A), the applicator shall immediately provide written notice to the PMD, indicate the reason for noncompliance, and request greater specificity regarding the information to be made available or additional time in which to comply.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Ariz. Admin. Code § R3-8-603 Corrective Work Orders

A. If the PMD issues a corrective work order requiring a licensee to remedy deficiencies in treatment or to comply with this Chapter or the PMD's statutes, the licensee shall notify the PMD in writing by the date specified in the order that the corrective work is complete.

B. The director may consider a licensee's compliance with a corrective work order or lack thereof in imposing appropriate disciplinary action.

C. Failure to timely complete the corrective action or notify the PMD of the completion is a separate ground for disciplinary action.

D. A corrective work order issued by the PMD is not subject to A.R.S. § 41-1009(E) -(F) unless the PMD indicates in the order that timely compliance with the order will result in no disciplinary action being taken for a deficiency or violation.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Ariz. Admin. Code § R3-8-604 Disciplinary Action

To determine the disciplinary action that is appropriate, the Director may consider the following:

1. Prior violations,

2. Dishonest or self-serving motive,

3. Amount of experience as a licensee,

4. Submission of false evidence or statements or other deceptive practices during the investigative or disciplinary process,

Acknowledgement of wrongful nature of violation,

6. Practices put in place to prevent a similar violation from occurring again,

7. Compliance with a corrective work order,

8. Degree of harm resulting from the violation, and

9. Whether harm resulting from the violation was cured.

History

• New Section recodified from R4-29-604 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-605 Consent Agreements

A. A consent agreement shall include the following:

1. General nature of violations,

2. Citation to statutes and rules alleged to be violated,

3. Disciplinary action to be taken,

4. Effective date of the disciplinary action if different from the date of the consent agreement,

5. Corrective action to be taken, and

6. Date to complete any corrective action.

B. A person entering into a consent agreement with the PMD shall waive the right to a formal hearing, rehearing, or judicial review of the matters contained in the consent agreement.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.

Ariz. Admin. Code § R3-8-606 Penalties

A. When assessing a civil penalty for a violation, the Director shall assess a civil penalty for each violation based on the violation's total point value set out in this Section. To calculate the total point value, the Director shall sum the points for each aggravating factor and may subtract the points for each mitigating factor. The Director, in his sole discretion, may treat multiple violations as a single violation for the purpose of calculating the civil penalty.

B. Aggravating factors.

| 1. Pesticide type. | | | --- | --- | | a. General use. | 2 | | b. Experimental use or special local need. | 3 | | c. Restricted use or unregistered. | 5 | | 2. Harm to humans and non-target animals. | | | a. None or unverified potential harm. | 0 | | b. Potential harm. | 3 | | c. Actual, verifiable harm. | 5 | | 3. Harm to environment and economic loss. | | | a. None or unverified potential harm. | 0 | | b. Potential harm or loss. | 3 | | c. Actual, verifiable loss of $10,000 or less. | 4 | | d. Actual, verifiable loss exceeding $10,000. | 5 | | e. Actual, verifiable environmental harm. | 5 | | 4. Non-pesticide violations. | | | a. Negligent violations. | 4 | | b. Knowing or willful violations. | 8 | | 5. Prior similar violations. | | | a. None. | 0 | | b. Warning letter within 12 months. | 1 | | c. One or more within 36 months, but none within 12 months. | 2 | | d. One within 12 months. | 3 | | e. More than one within 24 months, but none within 12 months. | 4 | | f. More than one within 12 months. | 5 | | 6. Culpability. | | | a. Negligent violations. | 2 | | b. Knowing or willful violations. | 4 |

C. Mitigating factors. In considering whether to subtract points for mitigating factors, the Director may consider whether the mitigating act occurred before, during, or after PMD's investigation.

| 1. Good will. | | | --- | --- | | a. Admission of fault or cooperation | 1 | | b. Admission and cooperation | 2 | | c. Admission, cooperation, and corrective action prior to request. | 3 | | 2. Environmental benefit. | | | a. Clean up. | 1 | | b. Move toward less toxic methods. | 2 | | c. Develop IPM program. | 3 | | 3. Consumer benefit. | | | a. Consumer education. | 1 | | b. Make consumer whole. | 2 | | c. Extend warranty. | 3 | | 4. Other benefits. | | | a. Training (CEU). | 1 | | b. Equipment (modification or new). | 2 | | c. Purchase and use of computer for TARFs. | 3 |

D. Civil penalty. To calculate the civil penalty, the Director shall:

1. For total point values of 6-10, multiply the value by $100 and then subtract $500.

2. For total point values of 11-15, multiply the value by $100 and then subtract $600.

3. For total point values of more than 16, assess the maximum penalty of $1000.

E. Other penalties. In addition to assessing a civil penalty, the Director:

1. For any total point value, may require extra continuing education.

2. For total point values of 6-11, may impose probation requirements.

3. For total point values of 12-17, shall impose probation requirements and may suspend the license, certification, or registration.

4. For total point values of 18 or more, shall suspend or revoke the license, certification, or registration.

5. May take any other action permitted by law, including imposing probation requirements after a suspension ends.

F. In addition to the civil penalties prescribed by this section, the director may charge a person who knowingly or willfully commits a violation of this article which causes:

1. Harm to the environment or economic loss of $10,000 or less with a class 1 misdemeanor.

2. Harm to humans or animals, or the environment or an economic loss exceeding $10,000 with a class 6 felony.

G. In addition, the director may deny, suspend or revoke applicator certification for:

1. Misuse of a pesticide.

2. Falsifying records required to be kept by a certified applicator.

3. A criminal conviction under section 14(b) of FIFRA (7 U.S.C. § 136l) (June 25, 1947, ch. 125, § 14, as added Pub. L. 92-516, § 2, Oct. 21, 1972, 86 Stat. 992; amended Pub. L. 95-396, § 17, Sept. 30, 1978, 92 Stat. 832; Pub. L. 100-532, title VI, § 604, Oct. 25, 1988, 102 Stat. 2678; Pub. L. 102-237, title X, § 1006(a)(8), Dec. 13, 1991, 105 Stat. 1895.). This material is incorporated by reference, is on file with the Department, and includes no later amendments or editions.

4. A final order imposing civil penalty under section 14(a) of FIFRA (7 U.S.C. § 136l) (June 25, 1947, ch. 125, § 14, as added Pub. L. 92-516, § 2, Oct. 21, 1972, 86 Stat. 992; amended Pub. L. 95-396, § 17, Sept. 30, 1978, 92 Stat. 832; Pub. L. 100-532, title VI, § 604, Oct. 25, 1988, 102 Stat. 2678; Pub. L. 102-237, title X, § 1006(a)(8), Dec. 13, 1991, 105 Stat. 1895.). This material is incorporated by reference, is on file with the Department, and includes no later amendments or editions.

5. A violation of State laws or regulations relevant to the State certification plan.

History

• Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017. Amended by final rulemaking at 29 A.A.R. 757, effective 3/10/2023.

Ariz. Admin. Code § R3-8-607 Reserved

History

• New reserved Section recodified from R4-29-607 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-608 Reserved

History

• New reserved Section recodified from R4-29-608 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-609 Reserved

History

• New reserved Section recodified from R4-29-609 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Article 7 RESERVED

Ariz. Admin. Code § R3-8-701 Reserved

History

• New reserved Section recodified from R4-29-701 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-702 Reserved

History

• New reserved Section recodified from R4-29-702 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-703 Reserved

History

• New reserved Section recodified from R4-29-703 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-704 Reserved

History

• New reserved Section recodified from R4-29-704 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-705 Reserved

History

• New reserved Section recodified from R4-29-705 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-706 Reserved

History

• New reserved Section recodified from R4-29-706 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-707 Reserved

History

• New reserved Section recodified from R4-29-707 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Ariz. Admin. Code § R3-8-708 Reserved

History

• New reserved Section recodified from R4-29-708 at 23 A.A.R. 1976, effective June 30, 2017 (Supp. 17-2).

Chapter 9 DEPARTMENT OF AGRICULTURE - AGRICULTURAL COUNCILS AND COMMISSIONS

Article 1 ARIZONA ICEBERG LETTUCE RESEARCH COUNCIL

Ariz. Admin. Code § R3-9-101 Definitions

In addition to the definitions in A.R.S. § 3-526, the following terms apply to this Article:

1. "SAILRC" means the Arizona Iceberg Lettuce Research Council.

2. "SAuthorized signature" means the signature of an individual authorized to receive funds on behalf of the applicant and responsible for the execution of the applicant's project.

3. "SAwardee" means a successful applicant to whom the AILRC awards grant funds for research on a specific project.

4. "SDepartment" means the Arizona Department of Agriculture.

5. "SGovernmental unit" means any department, commission, council, board, bureau, committee, institution, agency, government corporation, or other establishment or official of the executive branch or corporation commission of this state, another state, or the federal government.

6. "SGrant" means an award of financial support to an applicant according to A.R.S. § 3-526.02(B) and (C)(5).

7. "SGrant award agreement" means a document that advises an applicant of the amount of money awarded following receipt by the AILRC of the applicant's signed acceptance.

History

• New Section made by final rulemaking at 12 A.A.R. 208, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 14 A.A.R. 3658, effective November 8, 2008 (Supp. 08-3).

Ariz. Admin. Code § R3-9-102 Elections

A. The AILRC shall elect officers as specified in A.R.S. § 3-526.02(A)(2) during the first quarter of each calendar year.

B. Officers continue in office until the next annual election.

C. An officer may be reelected successively.

History

• New Section made by final rulemaking at 12 A.A.R. 208, effective March 11, 2006 (Supp. 06-1).

Ariz. Admin. Code § R3-9-103 Hearings and Rehearings

A. The AILRC shall follow the Uniform Administrative Procedure Act, A.R.S. Title 41, Chapter 6, Article 10, for a hearing before the AILRC.

B. A party may file a motion for rehearing or review under A.R.S. § 41-1092.09.

C. The AILRC shall grant a rehearing or review of a decision for any of the following causes materially affecting the moving party's rights:

1. The decision is not justified by the evidence or is contrary to law;

2. There is newly discovered material evidence that could not with reasonable diligence have been discovered and produced at the original proceeding;

3. One or more of the following deprived the party of a fair hearing:

a. Irregularity or abuse of discretion in the conduct of the proceeding;

b. Misconduct of the AILRC, the administrative law judge, or the prevailing party; or

c. Accident or surprise that could not have been prevented by ordinary prudence; or

4. Excessive or insufficient sanction.

D. The AILRC may grant a rehearing or review to any or all of the parties. The rehearing or review may cover all or part of the issues for any of the reasons stated in subsection (C). An order granting a rehearing or review shall particularly state the grounds for granting the rehearing or review, and the rehearing or review shall cover only the grounds stated.

History

• New Section made by final rulemaking at 12 A.A.R. 208, effective March 11, 2006 (Supp. 06-1).

Ariz. Admin. Code § R3-9-104 Annual Report

The AILRC shall prepare a report according to A.R.S. § 3-526.02(A)(5), by October 31 of each year.

History

• New Section made by final rulemaking at 12 A.A.R. 208, effective March 11, 2006 (Supp. 06-1).

Ariz. Admin. Code § R3-9-105 Expired

History

• New Section made by final rulemaking at 12 A.A.R. 208, effective March 11, 2006 (Supp. 06-1). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 1393, effective January 31, 2016 (Supp. 16-2).

Ariz. Admin. Code § R3-9-106 Grants

A. Grant application process.

1. The AILRC shall award grants according to the competitive grant solicitation requirements of this Article.

2. The AILRC shall post the grant application and manual on the AILRC's web site at least four weeks before the due date of a grant application.

3. The AILRC shall ensure that the grant application manual contains the following items:

a. Grant topics related to AILRC programs specified by A.R.S. § 3-526.02(B) and (C)(5);

b. A statement that the information contained in an application is not confidential;

c. A statement that the AILRC funding source is primarily from per carton assessments on iceberg lettuce grown in Arizona;

d. An application form including sections about the description of the grant project, scope of work to be performed, an authorized signature line, and a sample budget form;

e. A statement that the applicant shall not include overhead expenses in the budget for the proposed project;

f. The criteria that the AILRC shall use to evaluate an application;

g. The date and time by which the applicant shall submit an application;

h. The anticipated date of the AILRC award;

i. A copy of the AILRC grant solicitation rules; and

j. Any other information necessary for the grant application.

4. The AILRC shall not consider an application received by the AILRC after the due date and time.

B. Criteria. The AILRC shall consider the following when reviewing a grant application and deciding whether to award AILRC funds:

1. The applicant's successful completion of prior research projects,

2. The extent to which the proposed project identifies solutions to current issues facing the iceberg lettuce industry,

3. The extent to which the proposed project addresses future issues facing the iceberg lettuce industry,

4. The extent to which the proposed project addresses the findings of any industry surveys conducted within the previous year,

5. The appropriateness of the budget request in achieving the project objectives,

6. The appropriateness of the proposal time-frame to the stated project objectives, and

7. Relevant experience and qualifications of the applicant.

C. Public participation.

1. The AILRC shall make all applications available for public inspection by the business day following the application due date.

2. Before awarding a grant, the AILRC shall discuss and evaluate grant applications and proposed projects at a meeting conducted under A.R.S. § 38-431 et seq.

D. Evaluation of grant applications.

1. The AILRC may allow applicants to make oral or written presentations at the public meeting if time, applicant availability, and meeting space permit.

2. The AILRC may modify an applicant's proposed project in awarding funding.

3. The AILRC shall notify an applicant in writing of the AILRC's decision to fund, modify, or deny funding for a proposed project within 10 business days of the AILRC decision. The AILRC shall notify applicants by the U.S. Postal Service, commercial delivery, electronic mail, or facsimile.

E. Awards and project monitoring.

1. Before releasing grant funds, the AILRC shall execute a grant award agreement with the awardee. The awardee shall agree to accept the grant's legal requirements and conditions and authorize the AILRC to monitor the progress of the project by signing a grant award agreement.

2. The AILRC shall pay no more than 50% of the grant in the initial payment to the awardee.

3. During the term of the project, the awardee shall inform the AILRC of changes to the awardee's address, telephone number, or other contact information.

4. The AILRC may require an interim written report or oral presentation from the awardee during the pendency of the project.

5. The AILRC shall not award grant funds remaining after the initial payment until the awardee submits to the AILRC:

a. A final research report, and

b. An invoice for actual final project expenses not exceeding the remaining portion of the award.

6. The AILRC shall make research findings and reports resulting from any grant awarded by the AILRC available to Arizona iceberg lettuce producers.

F. Repayment. If the awardee does not complete the project as specified in the grant award agreement, the awardee shall return all unexpended grant funds within 30 days after receipt of a written request by the AILRC.

G. Governmental units.

1. The AILRC may request one or more governmental units to submit grant applications as prescribed in subsection (G)(3), without regard to subsections (A), (E)(2), and (E)(5).

2. The AILRC may issue grants to governmental units without regard to subsections (A), (E)(2), and (E)(5).

3. A governmental unit may apply to the AILRC for a grant when there is no pending request for grant applications under subsection (A) under the following conditions:

a. The application shall include a description of the project, the scope of work to be performed, a budget that does not include overhead expenses, and an authorized signature.

b. The application shall be available for public inspection upon receipt by the AILRC.

History

• New Section made by final rulemaking at 12 A.A.R. 208, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 14 A.A.R. 3658, effective November 8, 2008 (Supp. 08-3).

Article 2 ARIZONA GRAIN RESEARCH AND PROMOTION COUNCIL

Ariz. Admin. Code § R3-9-201 Definitions

In addition to the definitions in A.R.S. § 3-581, the following term applies to this Article:

"SAGRPC" means the Arizona Grain Research and Promotion Council.

"SDepartment" means the Arizona Department of Agriculture.

History

• Adopted effective August 28, 1986 (Supp. 86-4). Section R3-9-201 renumbered from R3-13-201 (Supp. 91-4). Amended effective December 22, 1993 (Supp. 93-4). Former Section R3-9-201 renumbered to R3-9-202; new Section R3-9-201 made by final rulemaking at 9 A.A.R. 31, effective December 11, 2002 (Supp. 02-4). Amended by final rulemaking at 14 A.A.R. 3661, effective November 8, 2008 (Supp. 08-3).

Ariz. Admin. Code § R3-9-202 Fees; Grain Assessment and Refund

A. The AGRPC shall annually prescribe the fee to be assessed per hundredweight of grain sold in Arizona within the limitations established under A.R.S. § 3-587.

B. The person who pays the fee required under subsection (A) shall ensure that:

1. The grain assessment fee is remitted to the AGRPC; and

2. The following information is provided to the AGRPC on a form obtained from the Department:

a. First buyer's name, address, and telephone number;

b. Report date and months covered by the report;

c. Total amount remitted to the AGRPC for the reporting period;

d. Producer's name, address, and telephone number;

e. Type of grain and tonnage by grain type; and

f. First buyer's or designee's signature.

C. Refund.

1. A producer may request a refund as prescribed under A.R.S. § 3-592 and shall provide the following information to the AGRPC on a form obtained from the Department:

a. Producer's name, address, telephone number, and signature;

b. Name of the first buyer;

c. Amount of grain sold subject to the refund request; and

d. First buyer's or designee's notarized signature confirming the purchase, funds withheld, and date remitted to the AGRPC.

2. An executive committee member shall authorize a refund as prescribed in A.R.S. § 3-592 if the person requesting the refund complies with the requirements of subsection (B)(1).

History

• Section R3-9-202 renumbered from R3-9-201 and amended by final rulemaking at 9 A.A.R. 31, effective December 11, 2002 (Supp. 02-4). Amended by final rulemaking at 14 A.A.R. 3661, effective November 8, 2008 (Supp. 08-3).

Ariz. Admin. Code § R3-9-203 Hearings

A. The AGRPC shall use the uniform administrative procedures of A.R.S. Title 41, Chapter 6, Article 10 to govern any hearing before the AGRPC required under A.R.S. § 3-591.

B. A party may file a motion for rehearing or review under A.R.S. § 41-1092.09.

C. The AGRPC shall grant a rehearing or review of an administrative law decision for any of the following causes materially affecting the moving party's rights:

1. The decision is not justified by the evidence or is contrary to law;

There is newly discovered material evidence that could not with reasonable diligence have been discovered and produced at the original proceeding;

3. One or more of the following deprived the party of a fair hearing:

a. Irregularity or abuse of discretion in the conduct of the proceeding;

b. Misconduct of the AGRPC, the administrative law judge, or the prevailing party; or

c. Accident or surprise which could not have been prevented by ordinary prudence; or

4. Excessive or insufficient sanction.

D. The AGRPC may grant a rehearing or review to any or all of the parties. The rehearing or review may cover all or part of the issues for any of the reasons stated in subsection (C). An order granting a rehearing or review shall particularly state the grounds for granting the rehearing or review, and the rehearing or review shall cover only the grounds stated.

History

• New Section made by final rulemaking at 9 A.A.R. 31, effective December 11, 2002 (Supp. 02-4). Amended by final rulemaking at 14 A.A.R. 3661, effective November 8, 2008 (Supp. 08-3).

Ariz. Admin. Code § R3-9-204 Records

The Department shall retain the AGRPC's records as prescribed in A.R.S. § 3-586. A record may be reviewed at the Department's main office, Monday through Friday, except an Arizona legal holiday, during the hours of 8:00 a.m. to 5:00 p.m. A copy of a record will be provided according to the provisions of A.R.S. § 39-121 et seq.

History

• New Section made by final rulemaking at 9 A.A.R. 31, effective December 11, 2002 (Supp. 02-4). Amended by final rulemaking at 14 A.A.R. 3661, effective November 8, 2008 (Supp. 08-3).

Ariz. Admin. Code § R3-9-205 Grants

A. Definitions.

"SAuthorized signature" means the signature of an individual authorized to receive funds on behalf of an applicant and responsible for the execution of the applicant's project.

"SAwardee" means an applicant to whom the AGRPC awards grant funds for a proposed project.

"SGovernmental unit" means any department, commission, council, board, bureau, committee, institution, agency, government corporation, or other establishment or official of the executive branch or corporation commission of this state, another state, or the federal government.

"SGrant" means an award of financial support to an applicant according to A.R.S. § 3-584(C)(5).

"SGrant award agreement" means a document advising an applicant of the amount of money awarded following receipt by the AGRPC of the applicant's signed acceptance of the award.

B. Grant application process.

1. The AGRPC shall award grants according to the competitive grant solicitation requirements of this Article.

2. The AGRPC shall post the grant application and manual on the AGRPC's web site at least four weeks before the due date of a grant application.

3. The AGRPC shall ensure that the grant application and manual contain the following items:

a. Grant topics related to AGRPC projects specified in A.R.S. § 3-584(C)(5);

b. A statement that the information contained in a grant application is not confidential;

c. A statement that the AGRPC funding source is primarily from assessments on the seed of barley and wheat of all classes produced in Arizona for use as food, feed, or seed or produced for any industrial or commercial use;

d. An application form including sections about the description of the grant project, scope of work to be performed, an authorized signature line, and a sample budget form;

e. A statement that the applicant shall not include overhead expenses in the budget for the proposed project;

f. The criteria that the AGRPC shall use to evaluate an application;

g. The date and time by which the applicant shall submit an application;

h. The anticipated date of the AGRPC award;

i. A copy of this Section consisting of grant solicitation procedures and requirements; and

j. Any other information necessary for the grant application.

The AGRPC shall not evaluate an application received by the AGRPC after the due date and time.

C. Criteria. The AGRPC shall consider the following when reviewing a grant application and deciding whether to award AGRPC funds:

1. The applicant's successful completion of prior research projects, if applicable;

2. The extent to which the proposed project identifies solutions to current issues facing the grain industry;

3. The extent to which the proposed project addresses future issues facing the grain industry;

4. The extent to which the proposed project addresses the findings of any industry surveys conducted within the previous year;

5. The appropriateness of the budget request in achieving the project objectives;

6. The appropriateness of the proposal time-frame to the stated project objectives; and

7. Relevant experience and qualifications of the applicant.

D. Public participation.

1. The AGRPC shall make all applications available for public inspection by the business day following the application due date.

2. Before awarding a grant, the AGRPC shall discuss, evaluate, and make a decision on grant applications and proposed projects at a meeting conducted under A.R.S. § 38-431 et seq.

E. Evaluation of grant applications.

1. The AGRPC may allow applicants to make oral or written presentations at the public meeting if time, applicant availability, and meeting space permit.

2. The AGRPC may modify an applicant's proposed project in awarding funding.

3. The AGRPC shall notify an applicant in writing of the AGRPC's decision to fund, modify, or deny funding for a proposed project within 10 business days of the AGRPC decision. The AGRPC shall notify applicants by the U.S. Postal Service, commercial delivery, electronic mail, or facsimile.

F. Awards and project monitoring.

1. Before releasing grant funds, the AGRPC shall execute a grant award agreement with the awardee. The awardee shall agree to accept the grant's legal requirements and conditions and authorize the AGRPC to monitor the progress of the project by signing the grant award agreement.

2. The AGRPC shall pay no more than 50% of the grant in the initial payment to the awardee.

3. During the term of the project, the awardee shall inform the AGRPC of changes to the awardee's address, telephone number, or other contact information.

4. The AGRPC may require an interim written report or oral presentation from the awardee during the term of the project.

5. The AGRPC shall not award the grant funds remaining after the initial payment until the awardee submits to the AGRPC:

a. A final research report, and

b. An invoice for actual final project expenses not exceeding the remaining portion of the grant funds.

6. The AGRPC shall make research findings and reports resulting from any grant awarded by the AGRPC available to Arizona grain producers.

G. Repayment. If the awardee does not complete the project as specified in the grant award agreement, the awardee shall return all unexpended grant funds within 30 days after receipt of a written request by the AGRPC.

H. Governmental units.

1. The AGRPC may request one or more governmental units to submit grant applications as prescribed in subsection (H)(3), without regard to subsections (B), (F)(2), and (F)(5).

2. The AGRPC may issue grants to governmental units without regard to subsections (B), (F)(2), and (F)(5).

3. A governmental unit may apply to the AGRPC for a grant when there is no pending request for grant applications under subsection (B) under the following conditions:

a. The application shall include a description of the project, the scope of work to be performed, a budget that does not include overhead expenses, and an authorized signature.

b. The application shall be available for public inspection upon receipt by the AGRPC.

History

• New Section made by final rulemaking at 12 A.A.R. 4684, effective February 3, 2007 (Supp. 06-4). Amended by final rulemaking at 14 A.A.R. 3661, effective November 8, 2008 (Supp. 08-3).

Article 3 ARIZONA COTTON RESEARCH AND PROTECTION COUNCIL

Ariz. Admin. Code § R3-9-301 Ginning and Remittance Forms

A. Each September the Arizona Cotton Research and Protection Council shall send the ginning and remittance report forms and a fee schedule to the operator of each gin for which a report was made during the previous year. A gin operator who has not submitted a report in the previous year may obtain the report forms and a fee schedule from the Arizona Cotton Research and Protection Council office.

B. Each gin operator who gins for Arizona producers during the current crop year shall complete the following reports and submit them with the appropriate fees, to the Arizona Cotton Research and Protection Council within the times specified below:

1. On or before February 15 of each year:

a. The name and number of the reporting gin;

b. The business mailing address, telephone number, and county of the reporting gin;

c. The name of the authorized agent for the gin;

d. The crop year;

e. The name and mailing address of each crop producer;

f. The Farm Service Agency (FSA) farm number;

g. An estimate of the number of bales to be ginned by March 15 from cotton grown at or below 2,700 feet elevation; and

h. An estimate of the number of bales to be ginned by March 15 from cotton grown above 2,700 feet elevation;

2. On or before March 15 of each year:

a. The information in subsections (B)(1)(a) through (f),

b. The total number of bales actually ginned and the certification number issued by the Department for meeting the tillage deadline for cotton grown at or below 2,700 feet elevation, and

c. The total number of bales actually ginned from cotton grown above 2,700 feet elevation.

History

• Adopted as an emergency effective September 10, 1984, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-5). Emergency expired. Adopted as a permanent rule effective March 7, 1985 (Supp. 85-2). Amended subsection (A) as an emergency effective November 5, 1985, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 85-6). Amended subsection (A) as permanent action effective February 5, 1986 (Supp. 86-1). Amended subsection (A) effective September 24, 1986 (Supp 86-5). Former Section R3-12-201 repealed and a new Section R3-12-201 adopted effective December 2, 1987 (Supp. 87-4). Section 3-9-301 renumbered from R3-12-201 (Supp. 91-4). Section repealed, new Section adopted effective April 4, 1994 (Supp. 94-2). Amended by final rulemaking at 5 A.A.R. 4439, effective November 3, 1999 (Supp. 99-4).

Ariz. Admin. Code § R3-9-302 Expired

History

• New Section made by final rulemaking at 10 A.A.R. 4741, effective January 1, 2005 (Supp. 04-4). Section expired under A.R.S. § 41-1056(J) at 25 A.A.R. 3188, effective October 2, 2019 (Supp. 19-4).

Ariz. Admin. Code § R3-9-303 Weather Related Extensions

A.For the purpose of this Section:

1. "Council" means the Arizona Cotton Research and Protection Council.

"Qualifying weather event" means substantial interference with post-harvest activities as outlined in (E)(1) to detach the cotton root from the soil caused by significant rain or moisture or by sustained winds within an established PM10 nonattainment area.

B.A cotton producer may request an extension of the tillage deadline in R3-4-204(E) based on a qualifying weather event that has delayed or prevented compliance.

C.A cotton producer requesting an extension shall submit the following information to the Council Staff Director:

1. The producer's name, address, and telephone number;

2. The registered Farm Service Agency (FSA) farm names of the farms for which the extension is requested;

3. The legal description of the fields or an accurate scale farm map of the fields for which the extension is requested;

4. A detailed description of the qualifying weather events supporting the extension request, including the dates of the events; and

5. The number of days requested as an extension of the tillage deadline.

D.Submission Deadline.

1. Extension requests shall be received a minimum of one business day prior to the tillage deadline.

2. Extension requests that are illegible or missing information required by subsection (C) shall be considered incomplete and returned to the requestor with a written explanation of the deficiencies. Corrected extension requests shall also be received a minimum of one business day prior to the tillage deadline.

E.Administrative Review.

1. The Council Staff Director may amend, grant or deny a request for extension based on the information provided and any other relevant information available, including but not limited to data collected from meteorological sources, staff recommendations, field notes and photographs.

2. The Council Staff Director shall issue a written notice granting or denying an extension request within ten business days of receipt of a complete request advising whether or not the request fell within the parameters of a qualified weather event.

F.Blanket Extensions. The Council, by vote, may authorize a blanket weather-related extension for a county, cultural zone or a subset of either based on an area-wide qualifying weather event or events.

History

• New section made by final rulemaking at 20 A.A.R. 2521, effective 8/18/2014.

Article 4 EXPIRED

Ariz. Admin. Code § R3-9-401 Expired

History

• New Section made by final rulemaking at 9 A.A.R. 519, effective February 5, 2003 (Supp. 03-1). Section expired under A.R.S. § 41-1056(E). The agency terminated on July 1, 2004, under A.R.S. § 41-3004.18 and the related statutes were repealed on January 1, 2005, by A.R.S. § 41-3004.18 (Supp. 05-2).

Ariz. Admin. Code § R3-9-402 Expired

History

• New Section made by final rulemaking at 9 A.A.R. 519, effective February 5, 2003 (Supp. 03-1). Section expired under A.R.S. § 41-1056(E). The agency terminated on July 1, 2004, under A.R.S. § 41-3004.18 and the related statutes were repealed on January 1, 2005, by A.R.S. § 41-3004.18 (Supp. 05-2).

Ariz. Admin. Code § R3-9-403 Expired

History

• New Section made by final rulemaking at 9 A.A.R. 519, effective February 5, 2003 (Supp. 03-1). Section expired under A.R.S. § 41-1056(E). The agency terminated on July 1, 2004, under A.R.S. § 41-3004.18 and the related statutes were repealed on January 1, 2005, by A.R.S. § 41-3004.18 (Supp. 05-2).

Ariz. Admin. Code § R3-9-404 Expired

History

• New Section made by final rulemaking at 9 A.A.R. 519, effective February 5, 2003 (Supp. 03-1). Section expired under A.R.S. § 41-1056(E). The agency terminated on July 1, 2004, under A.R.S. § 41-3004.18 and the related statutes were repealed on January 1, 2005, by A.R.S. § 41-3004.18 (Supp. 05-2).

Ariz. Admin. Code § R3-9-405 Expired

History

• New Section made by final rulemaking at 9 A.A.R. 519, effective February 5, 2003 (Supp. 03-1). Section expired under A.R.S. § 41-1056(E). The agency terminated on July 1, 2004, under A.R.S. § 41-3004.18 and the related statutes were repealed on January 1, 2005, by A.R.S. § 41-3004.18 (Supp. 05-2).

Article 5 ARIZONA CITRUS RESEARCH COUNCIL

Ariz. Admin. Code § R3-9-501 Definitions

"SDepartment" means the Arizona department of agriculture. A.R.S. § 3-468(3).

History

• New Section made by final rulemaking at 9 A.A.R. 5548, effective December 2, 2004 (Supp. 03-4).

Ariz. Admin. Code § R3-9-502 Elections

A. The Council shall elect officers during the first quarter of each calendar year.

B. Officers shall continue in office until the next annual election is held.

C. An officer may be successively reelected.

History

• New Section made by final rulemaking at 9 A.A.R. 5548, effective December 2, 2004 (Supp. 03-4).

Ariz. Admin. Code § R3-9-503 Hearings

A. The Council shall use the uniform administrative procedures of A.R.S. Title 41, Chapter 6, Article 10 to govern any hearing before the Council.

B. A party may file a motion for rehearing or review under A.R.S. § 41-1092.09.

C. The Council shall grant a rehearing or review of an administrative law decision for any of the following causes materially affecting the moving party's rights:

1. The decision is not justified by the evidence or is contrary to law;

There is newly discovered material evidence that could not with reasonable diligence have been discovered and produced at the original proceeding;

3. One or more of the following deprived the party of a fair hearing:

a. Irregularity or abuse of discretion in the conduct of the proceeding;

b. Misconduct of the Council, the administrative law judge, or the prevailing party; or

c. Accident or surprise that could not have been prevented by ordinary prudence; or

4. Excessive or insufficient sanction.

D. The Council may grant a rehearing or review to any or all of the parties. The rehearing or review may cover all or part of the issues for any of the reasons stated in subsection (C). An order granting a rehearing or review shall particularly state the grounds for granting the rehearing or review, and the rehearing or review shall cover only the grounds stated.

History

• New Section made by final rulemaking at 9 A.A.R. 5548, effective December 2, 2004 (Supp. 03-4).

Ariz. Admin. Code § R3-9-504 Annual Report

The Council shall prepare an annual report as prescribed under A.R.S. § 3-468.02(A)(5), by October 31.

History

• New Section made by final rulemaking at 9 A.A.R. 5548, effective December 2, 2004 (Supp. 03-4).

Ariz. Admin. Code § R3-9-505 Records

The Department shall retain the Council's records as authorized by A.R.S. § 3-468.02(A)(4). A record may be reviewed at the Department's main office, Monday through Friday, except an Arizona legal holiday, during the hours of 8:00 a.m. to 5:00 p.m. A copy of a record shall be provided according to the provisions of A.R.S. § 39-121 et seq.

History

• New Section made by final rulemaking at 9 A.A.R. 5548, effective December 2, 2004 (Supp. 03-4).

Ariz. Admin. Code § R3-9-506 Grants

A. Definitions.

1. "SACRC" means the Arizona Citrus Research Council.

2. "SAuthorized signature" means the signature of an individual authorized to receive funds on behalf of the applicant and responsible for the execution of the applicant's project.

3. "SAwardee" means a successful applicant to whom the ACRC awards grant funds for research on a specific project.

4. "SGovernmental unit" means any department, commission, council, board, bureau, committee, institution, agency, government corporation, or other establishment or official of the executive branch or corporation commission of this state, another state, or the federal government.

"SGrant" means an award of financial support to an applicant according to A.R.S. § 3-468.02(B) and (C)(5).

6. "SGrant award agreement" means a document advising the applicant of the amount of money awarded following receipt by the ACRC of the applicant's signed acceptance.

B. Grant application process.

1. The ACRC shall award grants according to the competitive grant solicitation requirements of this Article.

2. The ACRC shall post the grant application and manual on the ACRC's web site at least four weeks before the due date of a grant application.

3. The ACRC shall ensure that the grant application manual contains the following items:

a. Grant topics related to ACRC programs specified by A.R.S. § 3-468.02(B) and (C)(5);

b. A statement that the information contained in an application is not confidential;

c. A statement that the ACRC funding source is primarily from per carton assessments on citrus grown in Arizona;

d. An application form including sections about the description of the grant project, scope of work to be performed, an authorized signature line, and a sample budget form;

e. A statement that the applicant shall not include overhead expenses in the budget for the proposed project;

f. The criteria that the ACRC shall use to evaluate an application;

g. The date and time by which the applicant shall submit an application;

h. The anticipated date of the ACRC award;

i. A copy of the ACRC grant solicitation rules; and

j. Any other information necessary for the grant application.

4. The ACRC shall not consider an application received by the ACRC after the due date and time.

C. Criteria. The ACRC shall consider the following when reviewing a grant application and deciding whether to award ACRC funds:

1. The applicant's successful completion of prior research projects,

2. The extent to which the proposed project identifies solutions to current issues facing the citrus industry,

3. The extent to which the proposed project addresses future issues facing the citrus industry,

4. The extent to which the proposed project addresses the findings of any industry surveys conducted within the previous year,

5. The appropriateness of the budget request in achieving the project objectives,

6. The appropriateness of the proposal time-frame to the stated project objectives, and

7. Relevant experience and qualifications of the applicant.

D. Public participation.

1. The ACRC shall make all applications available for public inspection by the business day following the application due date.

2. Before awarding a grant, the ACRC shall discuss and evaluate grant applications and proposed projects at a meeting conducted under A.R.S. § 38-431 et seq.

E. Evaluation of grant applications.

1. The ACRC may allow applicants to make oral or written presentations at the public meeting if time, applicant availability, and meeting space permit.

2. The ACRC may modify an applicant's proposed project in awarding funding.

3. The ACRC shall notify an applicant in writing of the ACRC's decision to fund, modify, or deny funding for a proposed project within 10 business days of the ACRC decision. The ACRC shall notify applicants by the U.S. Postal Service, commercial delivery, electronic mail, or facsimile.

F. Awards and project monitoring.

1. Before releasing grant funds, the ACRC shall execute a grant award agreement with the awardee. The awardee shall agree to accept the grant's legal requirements and conditions and authorize the ACRC to monitor the progress of the project by signing a grant award agreement.

2. The ACRC shall pay no more than 50% of the grant in the initial payment to the awardee.

3. During the term of the project, the awardee shall inform the ACRC of changes to the awardee's address, telephone number, or other contact information.

4. The ACRC may require an interim written report or oral presentation from the awardee during the pendency of the project.

5. The ACRC shall not award the grant funds remaining after the initial payment until the awardee submits to the ACRC:

a. A final research report, and

b. An invoice for actual final project expenses not exceeding the remaining portion of the award.

6. The ACRC shall make research findings and reports resulting from any grant awarded by the ACRC available to Arizona citrus producers.

G. Repayment. If the awardee does not complete the project as specified in the grant award agreement, the awardee shall return all unexpended grant funds within 30 days after receipt of written request by the ACRC.

H. Governmental units.

1. The ACRC may request one or more governmental units to submit grant applications as prescribed in subsection (H)(3), without regard to subsections (B), (F)(2), and (F)(5).

2. The ACRC may issue grants to governmental units without regard to subsections (B), (F)(2), and (F)(5).

3. A governmental unit may apply to the ACRC for a grant when there is no pending request for grant applications under subsection (B) under the following conditions:

a. The application shall include a description of the project, the scope of work to be performed, a budget that does not include overhead expenses, and an authorized signature.

b. The application shall be available for public inspection upon receipt by the ACRC.

History

• New Section made by final rulemaking at 12 A.A.R. 176, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 14 A.A.R. 3665, effective November 8, 2008 (Supp. 08-3). ARTICLE 6. LEAFY GREENS FOOD SAFETY COMMITTEE

Article 6 LEAFY GREENS FOOD SAFETY COMMITTEE

Ariz. Admin. Code § R3-9-601 Definitions

"Act" means A.R.S. Title 3, Chapter 3, Article 1.

"Auditor" or "Inspector" means a state or federal agricultural regulatory agency or their designee(s), or a private entity contracted by the Committee to perform inspections authorized by the Act.

"Best practices" means the "Commodity Specific Food Safety Guidelines for the Production and Harvest of Lettuce and Leafy Greens, as amended by the Committee. This document is incorporated by reference and is available for review online at the Arizona Leafy Greens Marketing Agreement website and at the Arizona Department of Agriculture, 1688 W. Adams Street, Phoenix, Arizona 85007.

"Committee" means the Leafy Greens Food Safety Committee established pursuant to the Marketing Agreement.

"LGMA" or "Marketing Agreement" means the Arizona Leafy Green Products Shipper Marketing Agreement approved pursuant to the Act. This document is incorporated by reference and is available for review online at the Arizona Leafy Greens Marketing Agreement website and at the Arizona Department of Agriculture, 1688 W. Adams Street, Phoenix, Arizona 85007.

"SOP" means standard operating procedure.

History

• New Section made by exempt rulemaking at 16 A.A.R. 2282, effective October 28, 2010 (Supp. 10-4). Amended by exempt rulemaking at 17 A.A.R. 1767, effective August 1, 2011 (Supp. 11-3). Amended by exempt rulemaking at 17 A.A.R. 2569, effective November 29, 2011 (Supp. 11-4). Amended by exempt rulemaking at 18 A.A.R. 2928, effective August 1, 2012 (Supp. 12-4). Amended by exempt rulemaking at 19 A.A.R. 4019, effective October 15, 2013. Amended by exempt rulemaking at 21 A.A.R. 3082, effective 8/25/2015. Amended by final exempt rulemaking at 28 A.A.R. 180, effective 9/17/2021.

Ariz. Admin. Code § R3-9-602 Best Practices; LGMA Compliance

A. Signatories shall comply with the best practices, maintain a trace-back system, and be subject to periodic audit by an auditor.

B. Signatories shall only buy, consign, or otherwise accept or handle leafy green products (grown in Arizona) from a shipper or producer who is in compliance with the best practices (including recordkeeping requirements), maintains a trace-back system, and is subject to periodic audit by an auditor.

C When the best practices require a SOP, there shall be an appropriate SOP and that SOP shall be followed.

History

• New Section made by exempt rulemaking at 16 A.A.R. 2282, effective October 28, 2010 (Supp. 10-4). Amended by exempt rulemaking at 17 A.A.R. 2569, effective November 29, 2011 (Supp. 11-4). Amended by exempt rulemaking at 19 A.A.R. 4019, effective October 15, 2013.

Ariz. Admin. Code § R3-9-603 Service Mark Usage

A. A signatory's compliance with the LGMA and R3-9-602 is a condition precedent and subsequent to the signatory's privilege to use the service mark.

B. An authorized signatory may use the service mark on all bills of lading and on other documents.

C. A signatory shall:

1. Use the service mark without reference to a private brand or label.

Provide reasonable assurances that the signatory has a system in place to comply with this Section, maintain records sufficient to audit the system for the duration of the LGMA, and make those records available to the Committee upon request.

D. A signatory shall not:

1. Use the service mark on packaging or product or as a certification mark to certify product.

2. Use the service mark as the signatory's own mark or as the exclusive representation of its business entity.

3. Insert within or overlap the boundaries of the service mark with the signatory's name or trademark.

4. Alter the service mark in any way other than proportionately adjusting the size of the service mark.

History

• New Section made by exempt rulemaking at 16 A.A.R. 2282, effective October 28, 2010 (Supp. 10-4). Amended by exempt rulemaking at 17 A.A.R. 2569, effective November 29, 2011 (Supp. 11-4).

Ariz. Admin. Code § R3-9-604 Loss of Use of Service Mark

A A signatory shall lose the privilege to use the service mark if the signatory:

1 Commits a flagrant violation or repeated major deviation,

2 Fails to comply with R3-9-603 ,

3 Has not paid assessments due for the prior fiscal year, or

4 Withdraws from participation in the LGMA pursuant to Article XVI, Section C of the LGMA.

B The first flagrant violation or repeated major deviation shall result in a suspension of the privilege to use the service mark for a minimum two-week period.

C A flagrant violation or repeated major deviation following the first flagrant violation or repeated major deviation shall result in an indefinite suspension of the privilege to use the service mark.

D A flagrant violation or repeated major deviation following a suspension pursuant to subsection (C) shall result in an indefinite revocation of the privilege to use the service mark. The privilege to use the service mark shall not be restored to the signatory for a minimum of two years unless the signatory demonstrates to the satisfaction of the auditor and the Committee a significant change in management and brand.

E A signatory whose privilege to use the service mark is suspended or revoked pursuant to subsections (B)-(D) shall not use the service mark until the signatory has undergone at least one new audit without the finding of any major deviations or flagrant violations and has evidenced that the signatory has corrected any minor deviations found.

F At least two weeks of any suspension of the privilege to use the service mark under subsections (B)-(D) shall occur between December 1 and March 31.

G The Committee may accelerate the progression of penalties under this Section if the signatory's product seriously affects a person's health and the signatory handled the product with intentional, knowing or reckless disregard for the signatory's obligations under the LGMA and best practices.

H A signatory shall not lose the privilege to use the service mark under subsection (A)(1)-(2) without an opportunity for a hearing under A.R.S. Title 41, Chapter 6, Article 10, except if the Committee finds that the public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, the Committee may order summary suspension of a signatory's privilege to use the service mark.

I A signatory that loses the privilege to use the mark under subsection (A)(3) shall pay all assessments due from prior fiscal years, including penalties and interest, before regaining the privilege to use the service mark.

J The Committee may publish a list of signatories whose privilege to use the service mark has been suspended.

History

• New Section made by exempt rulemaking at 16 A.A.R. 2282, effective October 28, 2010 (Supp. 10-4). Amended by exempt rulemaking at 17 A.A.R. 2569, effective November 29, 2011 (Supp. 11-4). Amended by exempt rulemaking at 19 A.A.R. 4019, effective October 15, 2013.

Ariz. Admin. Code § R3-9-605 Violation Levels; Repeated Violations

A. Violations of R3-9-602 fall into four levels: flagrant violations, major deviations, minor deviations, and minor infractions. The Committee or its designee shall determine the level of a violation consistent with this Section.

B. A flagrant violation occurs when a signatory buys, consigns, or otherwise accepts or handles a leafy green product and knows or should have known the product was grown, packed, shipped, processed or handled in violation of R3-9-602 and the violation:

1. Significantly increases the risk of delivering unsafe product into commerce;

2. Affects the integrity of the LGMA's food safety program; or

3. In the Committee's judgment, merits more serious treatment than a major deviation based on the consideration of, as relevant:

a. The position of the employee responsible for the violation,

b. Whether the employee responsible for the violation knowingly committed the violation,

c. The circumstances surrounding the violation,

d. Whether the signatory took prompt corrective action,

e. Whether the signatory has committed the same or a similar violation previously, and

f. Any other relevant facts.

C. A major deviation is a violation of R3-9-602 that may inhibit the maintenance of food safety, but that does not necessarily result in unsafe product.

D. The following violations constitute at least major deviations and are potentially flagrant violations:

1. Falsification of any record for any reason;

2. Spitting in the field;

3. Unclean sanitation facilities, including the presence of soiled toilet paper;

4. Failure to:

a. Properly wash hands after using a restroom or returning to the field;

b. Follow the best practices with respect to feces or fecal matter found in the field;

c. Follow the best practices with respect to the use of compost or animal manure, including creating and maintaining proper records related to that use;

d. Have a trace-back system;

e. Sanitize gloves and knives;

f. Follow a work health practices program concerning the transfer of human pathogens by workers; or

g. Provide a Compliance Plan, as defined in the best practices, to an auditor;

5. Refusing an audit; and

6. Conditions for which an automatic "Sunsatisfactory" would be assessed by USDA if performing a GAP/GHP audit.

E Violations constituting flagrant violations or major deviations are not limited to those listed in subsection (D).

F. A minor deviation is a violation of R3-9-602 that the signatory can correct within five business days of the audit and that does not necessarily increase the risk of a food borne illness.

G. A minor infraction is a violation of R3-9-602 that the signatory corrects before the auditor leaves the audited premises and that does not necessarily increase the risk of a food borne illness.

H The Committee or its designee may assess a signatory with a major deviation if an auditor discovers several minor deviations or minor infractions of the same type or if a signatory fails to timely submit a corrective action plan.

I. Repeated major violations are limited to violations occurring during the current and prior fiscal year.

History

• New Section made by exempt rulemaking at 16 A.A.R. 2282, effective October 28, 2010 (Supp. 10-4). Amended by exempt rulemaking at 17 A.A.R. 2569, effective November 29, 2011 (Supp. 11-4). Amended by exempt rulemaking at 19 A.A.R. 4019, effective October 15, 2013.

Ariz. Admin. Code § R3-9-606 Corrective Action Plans

A A signatory who commits a flagrant violation, major deviation, or minor deviation shall correct the violation and submit a corrective action plan to the Committee or its designee within five business days of receipt of the audit report noting the violation. If the Committee or its designee rejects the corrective action plan, the signatory has 24 hours to submit a revised corrective action plan.

B In the case of a flagrant violation or major deviation, once the Committee or its designee accepts the signatory's corrective action plan, an auditor shall perform an unannounced audit of the signatory within three business days.

C The signatory shall comply with the corrective action plan.

D Notwithstanding subsection (A), in the case of a violation that creates an immediate danger to public health, the signatory shall submit a correction action plan immediately and take necessary action to minimize the threat to public health.

History

• New Section made by exempt rulemaking at 16 A.A.R. 2282, effective October 28, 2010 (Supp. 10-4). Amended by exempt rulemaking at 19 A.A.R. 4019, effective October 15, 2013.

Chapter 10 DEPARTMENT OF AGRICULTURE - CITRUS FRUIT AND VEGETABLE DIVISION

Article 1 LICENSING FEES

Ariz. Admin. Code § R3-10-101 Citrus Fruit Dealer or Shipper Licensing Fee

A person may not transact business as a citrus fruit dealer or shipper without first obtaining a license as provided in Arizona Revised Statutes, Title 3, Chapter 3, Article 2. For fiscal year 2022, license fee shall be determined according to the annual gross sales based on the dealer's or shipper's previous fiscal year as follows:

1. If the annual gross sales are $500,000 or more, the annual fee is $112.50.

If the annual gross sales are between $200,000 and $500,000, the annual fee is $75.

3. If the annual gross sales are $200,000 or less, the annual fee is $37.50.

4. If the person was not in business the previous fiscal year, the annual fee is $37.50.

History

• Adopted by final exempt rulemaking at 24 A.A.R. 2227, effective 7/1/2018. Amended by final exempt rulemaking at 25 A.A.R. 2089, effective 7/1/2019. Amended by final exempt rulemaking at 26 A.A.R. 1477, effective 7/1/2020. Amended by final exempt rulemaking at 27 A.A.R. 1270, effective 7/31/2021.

Ariz. Admin. Code § R3-10-102 Fruit and Vegetable Dealer or Shipper Licensing Fee

A person shall not act as a fruit or vegetable dealer or shipper without first obtaining a license as provided in Arizona Revised Statutes, Title 3, Chapter 3, Article 4. For fiscal year 2022, application for the license shall be filed with the supervisor and accompanied by a license fee determined according to the annual gross sales based on the dealer's or shipper's previous fiscal year as follows:

1. If the annual gross sales are $500,000 or more, the annual fee is $125.

2. If the annual gross sales are $200,000 and $500,000, the annual fee is $87.50.

3. If the annual gross sales are $200,000 or less, the annual fee is $50.

4. If the person was not in business the previous fiscal year, the annual fee is $50.

History

• Adopted by final exempt rulemaking at 24 A.A.R. 2227, effective 7/1/2018. Amended by final exempt rulemaking at 25 A.A.R. 2089, effective 7/1/2019. Amended by final exempt rulemaking at 26 A.A.R. 1477, effective 7/1/2020. Amended by final exempt rulemaking at 27 A.A.R. 1270, effective 7/31/2021.

Article 2 PRODUCE SAFETY

Ariz. Admin. Code § R3-10-201 Definitions

In addition to the terms defined under A.R.S. §§ 3-481 and 3-525, these words and phrases are defined for use in Articles 2 through 17 of this Chapter, unless the context otherwise requires:

1. "Adequate" means that which is needed to accomplish the intended purpose in keeping with good public health practice.

2. "Adequately reduce undesirable microorganisms of public health significance" means reduce the presence of such undesirable microorganisms to an extent sufficient to prevent illness.

3. "Agricultural water" means water used in either:

a. Covered activities on covered produce where water is intended to, or is likely to, contact covered produce or food contact surfaces, including water used in all growing activities, such as irrigation water applied using direct water agricultural methods, water used for preparing crop sprays, and water used for growing sprouts; or

b. Harvesting, packing and holding activities, such as water used for washing or cooling harvested produce and water used for preventing dehydration of covered produce.

4. "Animal excreta" means solid or liquid animal waste.

5. "Applicable health condition" includes but is not limited to:

a. A communicable illness that presents a public health risk in the context of normal work duties,

b. An infection,

c. An open lesion,

d. Vomiting, or

e. Diarrhea.

6. "Covered activity":

a. Means growing, harvesting, packing, or holding covered produce on a farm, including manufacturing or processing of covered produce on a farm, but only to the extent that these activities are performed on raw agricultural commodities and only to the extent that these activities are within the meaning of "farm" as defined in this Chapter, and providing, acting consistently with, and documenting actions taken in compliance with written assurances as described in R3-10-303; and

b. Does not apply to activities of a facility that are subject to 21 CFR 1(B)(110) relating to preventive controls for human food and current good manufacturing practice in manufacturing, packing or holding human food.

"Covered produce":

a. Means produce that is subject to the requirements of Articles 3 through 17 of this Chapter in accordance with R3-10-303 and R3-10-304, and

b. Refers to the harvestable or harvested part of the crop.

"Department" means the Arizona Department of Agriculture.

9. "Designated representative" means the individual who is responsible for the farm's compliance with the requirements of Articles 3 through 17 of this Chapter that are applicable to the farm and who is selected by the owner, operator, lessee or agent. A designated representative may include an owner, operator, lessee, farm manager, produce safety expert, food safety professional, or agent of the farm.

10. "Direct water application method" means using agricultural water in a manner whereby the water is intended to, or is likely to, contact covered produce or food contact surfaces during use of the water.

11. "Farm" means:

a. Primary Production Farm. A primary production farm is an operation under one management in one general, but not necessarily contiguous, physical location devoted to growing crops, harvesting crops, raising animals, including seafood, or any combination of these activities. The term "farm" includes operations that, in addition to the above activities, also includes:

i. Packing or holding raw agricultural commodities;

ii. Packing or holding processed food, provided that all processed food used in such activities is either consumed on that farm or another farm under the same management or is processed food identified in subsection (iii)(2)(a) of this definition; and

iii. Manufacturing or processing food, provided that either:

(1) All food used in such activities is consumed on that farm or another farm under the same management;

(2) Any manufacturing or processing of food that is not consumed on that farm or another farm under the same management consists only of:

(a) Drying or dehydrating raw agricultural commodities to create a distinct commodity, such as drying or dehydrating grapes to produce raisins, and packaging and labeling such commodities, without additional manufacturing or processing;

(b) Treatment to manipulate the ripening of raw agricultural commodities, such as by treating produce with ethylene gas, and packaging and labeling treated raw agricultural commodities, without additional manufacturing or processing; and

(c) Packaging and labeling raw agricultural commodities, when these activities do not involve additional manufacturing or processing, such as irradiation; or

b. Secondary Activities Farm. A secondary activities farm is an operation, not located on a primary production farm, devoted to harvesting, such as hulling or shelling, packing, or holding of raw agricultural commodities, provided that the primary production farm that grows, harvests, or raises the majority of the raw agricultural commodities harvested, packed, or held by the secondary activities farm owns, or jointly owns, a majority interest in the secondary activities farm. A secondary activities farm may also conduct those additional activities allowed on a primary production farm in subsections (a)(i) and (ii) of this definition.

12. "FDA" means U.S. Food and Drug Administration.

13. "Food contact surfaces":

a. Means those surfaces that contact human food and those surfaces from which drainage, or other transfer, onto the food or onto surfaces that contact the food ordinarily occurs during the normal course of operations; and

b. Includes food contact surfaces of equipment and tools used during harvest, packing and holding.

14. "Food grains":

a. Means the small hard fruits or seeds of arable crops, or the crops bearing these fruits or seeds;

b. Are primarily grown and processed for use as meal, flour, baked goods, cereals and oils rather than for direct consumption as small, hard fruits or seeds; and

c. Includes barley, dent- or flint-corn, sorghum, oats, rice, rye, wheat, amaranth, quinoa, buckwheat, and oilseeds, such as cottonseed, flax seed, rapeseed, soybean, and sunflower seed.

15. "Harvesting":

a. Means activities on farms and farm mixed type facilities that are traditionally performed on farms for the purpose of removing raw agricultural commodities from the place they were grown or raised and preparing them for use as food;

b. Is limited to activities performed on raw agricultural commodities, or on processed foods created by drying or dehydrating a raw agricultural commodity without additional manufacturing or processing, on a farm;

c. Does not include activities that transform a raw agricultural commodity into a processed food as defined in Section 201 (gg) of the Federal Food, Drug, and Cosmetic Act; and

d. Includes:

i. Cutting or otherwise separating the edible portion of the raw agricultural commodity from the crop plant and removing or trimming part of the raw agricultural commodity, such as foliage, husks, roots or stems.

ii. Cooling, field coring, filtering, gathering, hulling, shelling, sifting, threshing, trimming outer leaves, and washing raw agricultural commodities grown on a farm.

"Holding":

a. Means storage of food and activities performed incidental to storage of a food [Holding facilities could include warehouses, cold storage facilities, storage silos, grain elevators, and liquid storage tanks];

b. Includes activities performed as a practical necessity for distribution of that food, such as blending of the same raw commodity and breaking down pallets;

c. Examples include activities performed for the safe or effective storage of that food, such as fumigating food during storage, and drying or dehydrating raw agricultural commodities, when drying or dehydrating does not create a distinct commodity, such as drying or dehydrating hay or alfalfa; and

d. Does not include activities that transform a raw agricultural commodity into a processed food as defined in Section 201 (gg) of the Federal Food, Drug and Cosmetic Act.

17. "Known or reasonably foreseeable hazard" means a biological agent that is known, is recognized, or has the potential to cause illness or injury in the absence of its control.

18. "Lot" means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors that appear in the labeling.

19. "Manufacturing or processing":

a. Means making food from one or more ingredients, or synthesizing, preparing, treating, modifying or manipulating food, including food crops or ingredients;

b. Examples include baking, boiling, bottling, canning, cooking, cooling, cutting, distilling, drying or dehydrating raw agricultural commodities to create a distinct commodity, such as drying or dehydrating grapes to produce raisins, evaporating, eviscerating, extracting juice, formulating, freezing, grinding, homogenizing, labeling, milling, mixing, packaging, including modified atmosphere packaging, pasteurizing, peeling, rendering, treating to manipulate ripening, trimming, washing, or waxing; and

c. Does not include, for farms and mixed-type facilities, activities that are part of harvesting, packing, or holding.

"Manure" means animal excreta, alone or in combination with litter, such as straw and feathers used for animal bedding, for use as a soil amendment.

21. "Monitor" means to conduct a planned sequence of observations or measurements to assess whether a process, point or procedure is under control and, when required, to produce an accurate record of the observation or measurement.

22. "Packing":

a. Means placing food into a container and also includes re-packing and activities performed incidental to packing or re-packing a food;

b. Includes activities performed for the safe or effective packing or re-packing of that food, such as sorting, culling, grading, and weighing or conveying incidental to packing or re-packing; and

c. Does not include activities that transform a raw agricultural commodity into a processed food as defined in Section 201(gg) of the Federal Food, Drug, and Cosmetic Act.

23. "Pest" means any objectionable animals or insects, including birds, rodents, flies, and larvae.

24. "Produce":

a. Means any fruit as defined in Article 3 of this Chapter or vegetable as defined in this Section;

b. Includes mixes of intact fruits and vegetables as well as mushrooms, sprouts, irrespective of seed source, peanuts, tree nuts and herbs; and

c. Does not include food grains as defined in this Section.

25. "Sanitize" means to adequately treat cleaned surfaces by a process that is effective in destroying vegetative cells of undesirable microorganisms of public health significance, and in substantially reducing numbers of other undesirable microorganisms, but without adversely affecting the product or its safety for the consumer.

26. "Undesirable microorganisms" means yeasts, molds, bacteria, viruses, protozoa, and microscopic parasites and includes species having public health significance.

27. "Vegetable":

a. Means the edible part of an herbaceous plant, such as cabbage or potato, or fleshy fruiting body of a fungus, such as white button or shiitake, grown for an edible part;

b. Means the harvestable or harvested part of any plant or fungus whose fruit, fleshy fruiting bodies, seeds, roots, tubers, bulbs, stems, leaves, or flower parts are used as food; and

c. Includes mushrooms, sprouts, and herbs, such as basil or cilantro.

28. "Visitor" means any person, other than personnel, who enters a covered farm with permission.

29. "Water distribution system" means a system to carry water from its primary source to its point of use, including pipes, sprinklers, irrigation canals, pumps, valves, storage tanks, reservoirs, meters, and fittings.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Article 3 PRODUCE SAFETY GENERAL PROVISIONS

Ariz. Admin. Code § R3-10-301 Definitions

These words are defined for use in this Article, unless the context otherwise requires:

"Fruit":

a. Means the edible reproductive body of a seed plant or tree nut and the harvestable or harvested part of a plant developed from a flower; and

b. Includes apples, oranges and almonds.

2. "Mixed-type facility" means an establishment that engages in both activities that are exempt from registration under Section 415 of the Federal Food, Drug, and Cosmetic Act and activities that require the establishment to be registered.

3. "Raw agricultural commodity" means any food in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in their unpeeled natural form prior to marketing.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-302 Applicability

A. Articles 2 through 17 of these rules apply to primary production farms and secondary activities and require appropriate measures to minimize the risk of serious adverse health consequences or death from the use of, or exposure to, covered produce, including those measures reasonably necessary to prevent the introduction of known or reasonably foreseeable hazards into covered produce, and to provide reasonable assurances that the produce is not adulterated under Section 402 of the Federal Food, Drug and Cosmetic Act on account of such hazards.

B. The goal of Articles 2 through 17 of this Chapter is to achieve compliance through education, training and alternative enforcement approaches in order to address present violations and prevent future violations.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-303 Food Safety; Covered Produce

A. Unless specifically excluded by R3-10-304, the following is subject to the requirements of Articles 2 through 17 of this Chapter:

1. Food that is covered produce;

2. A produce raw agricultural commodity that is grown domestically; and

3. A produce raw agricultural commodity that will be imported or offered for import in any state or territory of the United States, the District of Columbia or the Commonwealth of Puerto Rico.

B. Covered produce includes, but is not limited to, the following:

1. Fruits and vegetables such as almonds, apples, apricots, apriums, Artichokes-globe-type, Asian pears, avocados, babacos, bananas, Belgian endive, blackberries, blueberries, boysenberries, Brazil nuts, broad beans, broccoli, Brussels sprouts, burdock, cabbages, Chinese cabbages (Bok Choy, mustard, and Napa), cantaloupes, carambolas, carrots, cauliflower, celeriac, celery, chayote fruit, cherries (sweet), chestnuts, chicory (roots and tops), citrus (such as clementine, grapefruit, lemons, limes, mandarin, oranges, tangerines, tangors, and uniq fruit), cowpea beans, cress-garden, cucumbers, curly endive, currants, dandelion leaves, fennel-Florence, garlic, genip, gooseberries, grapes, green beans, guavas, herbs (such as basil, chives, cilantro, oregano, and parsley), honeydew, huckleberries, Jerusalem artichokes, kale, kiwifruit, kohlrabi, kumquats, leek, lettuce, lychees, macadamia nuts, mangos, other melons (such as Canary, Crenshaw and Persian), mulberries, mushrooms, mustard greens, nectarines, onions, papayas, parsnips, passion fruit, peaches, pears, peas, peas-pigeon, peppers (such as bell and hot), pine nuts, pineapples, plantains, plums, plumcots, quince, radishes, raspberries, rhubarb, rutabagas, scallions, shallots, snow peas, soursop, spinach, sprouts (such as alfalfa and mung bean), strawberries, summer squash (such as patty pan, yellow and zucchini), sweetsop, Swiss chard, taro, tomatoes, turmeric, turnips (roots and tops), walnuts, watercress, watermelons, and yams; and

2. Mixes of intact fruits and vegetables, such as fruit baskets.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-304 Food Safety; Covered Produce; Exclusions

A. The following produce is not covered by Articles 2 through 17 of this Chapter:

Produce that is rarely consumed raw, specifically: asparagus, beans (such as black, great Northern, kidney, lima, navy, pinto), sugar beets (including garden roots and tops), cashew, sour cherries, chickpeas, cocoa beans, coffee beans, collards, sweet corn, cranberries, dates, dill seeds and weed, eggplants, figs, ginger, hazelnuts, horseradish, lentils, okra, peanuts, pecans, peppermint, potatoes, pumpkins, winter squash, sweet potatoes, and water chestnuts;

2. Produce that is produced by an individual for personal consumption or produced for consumption on the farm or another farm under the same management; and

3. Produce that is not a raw agricultural commodity.

B. In addition to the exclusions provided in subsection (A), produce is eligible for exclusion if all of the following conditions are met:

1. The produce receives commercial processing that adequately reduces the presence of undesirable microorganisms of public health significance including those used for all of the following:

a. Processing in accordance with the requirements of 21 CFR 113, 114, or 120 ;

b. Treating with a validated process to eliminate spore-forming undesirable microorganisms, such as processing to produce tomato paste or shelf-stable tomatoes; and

c. Processing such as refining, distilling, or otherwise manufacturing or processing produce into products such as sugar, oil, spirits, wine, beer or similar products.

2. The farm discloses in documents accompanying the produce, in accordance with the practice of the trade, that the food is "not processed to adequately reduce the presence of undesirable microorganisms of public health significance."

3. The farm either:

a. Annually obtains written assurance, subject to the requirements of this subsection, from the customer that performs the commercial processing that the customer has established and is following procedures identified in the written assurance that adequately reduce the presence of undesirable microorganisms of public health significance;

b. Annually obtains written assurance, subject to the requirements of this subsection, from the customer that an entity in the distribution chain subsequent to the customer will perform that commercial processing and that the customer will both:

i. Disclose in documents accompanying the food, in accordance with the practice of the trade, that the food is specifically "not processed to adequately reduce the presence of undesirable microorganisms of public health significance"; and

ii. Only sell to another entity that agrees, in writing, it will either:

(1) Follow procedures identified, in a written assurance that adequately reduce the presence of undesirable microorganisms of public health significance;

(2) Obtain a similar written assurance from its customer that the above produce will receive commercial processing described in subsection (b)(i), and that there will be disclosure in documents accompanying the food, in accordance with the practice of the trade, that the food is specifically "not processed to adequately reduce the presence of undesirable microorganisms of public health significance."

4. The farm shall establish and maintain documentation of compliance with applicable requirements in subsections (B)(2) and (3) in accordance with the requirements of Article 14 of this Chapter, including both:

a. Documents containing disclosures required under subsection (B)(2); and

b. Annual written assurances obtained from customers required under subsection (B)(3).

5. The requirements of this Article and Article 4 of this Chapter apply to such produce; and

6. An entity that provides a written assurance under subsection (B)(3) shall act consistently with the assurance and document its actions taken to satisfy the written assurance.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-305 Designated Representative; Notice Requirements to the Department

A. The owner, operator, lessee or agent in charge of a farm shall notify the Department of the name, email address and telephone number of the farm's designated representative.

B. The farm may notify the Department of an alternate designated representative that can be contacted if the farm's designated representative is unavailable.

C. If the designated representative terminates employment or no longer functions as the designated representative of the farm, the owner, operator, lessee or agent in charge of the farm shall select another designated representative within 30 days and notify the Department of the replacement.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Article 4 PRODUCE SAFETY COVERED FARM AND QUALIFIED EXEMPTION

Ariz. Admin. Code § R3-10-401 Definitions

These words are defined for use in this Article, unless the context otherwise requires:

1. "Food sales" include sale of produce, processed food, hay, and commodities such as food grains, dairy and livestock.

2. "Qualified end-user," with respect to a food, means the consumer of the food, where the term "consumer" does not include a business; or a restaurant or retail food establishment, as those terms are defined in 21 CFR 1.227 that is located either:

a. In the same state or the same Indian reservation as the farm that produced the food; or

b. Not more than 275 miles from the farm that produced the food. 3. "Services" include activities related to covered produce such as harvesting, packing, holding or cooling.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-402 Inventory of Farms; Form; Electronic Submission

A. An owner, operator, lessee or designated representative of a farm subject to Articles 2 through 17 of this Chapter shall annually submit the following information on a form obtained from the Department:

1. Farm or business name, physical address, mailing address, email address and telephone number;

2. The name, email address and telephone number or numbers of the farm's designated representative and alternate designated representative, if applicable;

3. Type or types of business of the farm, such as grower, grower-shipper, harvester, packer, holder or cooler;

4. Types of crops grown, harvested, packed, held or cooled, such as leafy greens, citrus, melons, tree fruit, or vegetables;

5. Whether crops are grown, harvested, packed, held or cooled on a seasonal basis or year-round;

6. The average annual produce sales or income derived from services rendered during the last three years, including whether the amount was less than $25,000, $25,000 to $250,000, $250,000 to $500,000, or greater than $500,000;

7. Whether all produce sales are directly to consumers, restaurants, or retail food establishments that are within 275 miles of the farm or all sales are within the State of Arizona;

8. Whether during the previous three-year period the average food sales from the farm, such as processed food, hay, dairy, livestock or food grains, were less than $500,000; and

9. Whether the operation participates in any other food safety program, such as the Arizona Leafy Greens Marketing Agreement, Good Agricultural Practices and Good Handling Practices, Good Manufacturing Practices, Harmonized Good Agricultural Practices, Safe Quality Food certification or other recognized food safety programs.

B. The information required in subsection (A) shall be submitted annually to the Associate Director not later than October 1 of each year. If there is a material change to the information required in subsection (A), the owner, operator lessee or designated representative of the farm shall notify the Department within 60 days after the change.

C. The information required in subsection A may be submitted to the Department electronically.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-403 Covered Farm; Exclusion

A farm or mixed-type facility with an average annual monetary value of produce, as "produce" is defined in Section R3-10-201, sold during the previous three-year period, of more than $25,000 on a rolling basis, adjusted for inflation using 2011 as the baseline year for calculating the adjustment, is a "covered farm" subject to Articles 2 through 17 of this Chapter. A covered farm subject to Articles 2 through 17 of this Chapter shall comply with all applicable requirements when conducting a covered activity on covered produce.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-404 Covered Farm; Qualified Exemption; Modifications

A. A farm is eligible for a qualified exemption and associated modified requirements in a calendar year if both of the following apply:

1. During the three-year period preceding the applicable calendar year, the average annual monetary value of the food the farm sold directly to qualified end-users during such period exceeded the average annual monetary value of the food the farm sold to all other buyers during that period; and

2. The average annual monetary value of all food that the farm sold during the three-year period preceding the applicable calendar year was less than $500,000, adjusted for inflation.

B. For the purpose of determining whether the average annual monetary value of all food sold during the three-year period preceding the applicable calendar year was less than $500,000, adjusted for inflation, the baseline year for calculating the adjustment for inflation is 2011.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-405 Qualified Exemption; Eligibility; Modification Requirements

A. If a farm is eligible for a qualified exemption in accordance with R3-10-404, the farm is subject to this Article and Articles 2, 3, 14, 16 and 17 of this Chapter.

B. In addition, the farm is subject to the following modified requirements:

1. When a food packaging label is required on food that would otherwise be covered produce under the Federal Food, Drug, and Cosmetic Act or its implementing regulations, the farm shall include prominently and conspicuously on the food packaging label the name and the complete business address of the farm where the produce was grown;

2. When a food packaging label is not required on food that would otherwise be covered produce under the Federal Food, Drug, and Cosmetic Act, the farm shall prominently and conspicuously display, at the point of purchase, the name and complete business address of the farm where the produce was grown, on a label, poster, sign, placard, or documents delivered contemporaneously with the produce in the normal course of business, or, in the case of internet sales, in an electronic notice; and

3. The complete business address to be included in accordance with the requirements of subsections B (1) and (2) shall include the street address or post office box, city, state, and zip code for domestic farms, and comparable full address information for foreign farms.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-406 Qualified Exemption; Maintenance of Records

If the farm is eligible for a qualified exemption in accordance with R3-10-404 :

1. The farm shall establish and keep records required under this article in accordance with the requirements of article 14 of this Chapter, except that the requirement in R3-10-1402(A)(4), for a signature or initial of the person performing the activity is not required for sales receipts kept in the normal course of business. The receipts shall be dated as required under R3-10-1402(A)(4).

2. The farm shall establish and keep adequate records necessary to demonstrate that the farm satisfies the criteria for a qualified exemption that are described in R3-10-404, including a written record reflecting that an annual review and verification of the farm's continued eligibility for the qualified exemption has been performed.

3. The farm shall establish and keep adequate records necessary to demonstrate that the farm satisfies the criteria for a qualified exemption that are described in R3-10-504, Article 7 of this Chapter, R-3-10-807 and R3-10-1115.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-407 Compliance Dates; Covered Farms; Agricultural Water

A. The compliance date for covered farms subject to the requirements of Articles 2 through 17 of this Chapter is calculated on a rolling basis during the previous three-year period, determined by the average annual monetary value of food sales and services rendered, as follows:

1. By January 26, 2018, all farms that sold more than $500,000;

2. By January 28, 2019, small farms that sold more than $250,000 but not more than $500,000; and

3. By January 27, 2020, very small farms that sold not more than $250,000.

B. The compliance date for covered farms subject to agricultural water requirements pursuant to Article 7 of this Chapter is calculated on a rolling basis during the previous three-year period, determined by the average annual monetary value of food sales and services rendered, as follows:

1. By January 26, 2022, all farms that sold more than $500,000;

2. By January 26, 2023, small farms that sold more than $250,000 but not more than $500,000; and

3. By January 26, 2024, very small farms that sold not more than $250,000.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Article 5 PRODUCE SAFETY PERSONNEL QUALIFICATIONS AND TRAINING

Ariz. Admin. Code § R3-10-501 Qualifications and Training for Personnel

All of the following requirements apply regarding qualifications and training for personnel who handle or contact covered produce or food contact surfaces:

1. All personnel, including temporary, part time, seasonal, and contracted personnel who handle or contact covered produce or food contact surfaces, or who are engaged in the supervision of those personnel shall receive adequate training, as appropriate to the person's duties. Training shall be required prior to personnel handling or contacting covered produce or food contact surfaces, and periodically thereafter, at least once annually;

2. All personnel, including temporary, part time, seasonal, and contracted personnel, who handle covered produce or food contact surfaces, or who are engaged in the supervision of those personnel, shall have a combination of education, training, and experience necessary to perform the person's assigned duties in a manner that ensures compliance with Articles 2 through 17 of this Chapter;

3. Training shall be conducted in a manner that is easily understood by personnel being trained; and

4. Training shall be repeated as necessary and appropriate in light of observations or information indicating that personnel are not meeting standards established in this Article and Articles 6 through 14 of this Chapter.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-502 Training; Covered Activity; Minimum Requirements

A. At a minimum, all personnel who handle or contact covered produce or food contact surfaces during covered activities or who supervise the conduct of the activities shall receive training that includes all of the following:

1. Principles of food hygiene and food safety;

The importance of health and personal hygiene for all personnel and visitors, including recognizing symptoms of a health condition that is reasonably likely to result in contamination of covered produce or food contact surfaces with undesirable microorganisms of public health significance; and

3. The standards established in this article and Articles 6 through 14 of this Chapter that are applicable to the employee's job responsibilities.

B. Persons who conduct harvest activities for covered produce shall also receive training that includes all of the following:

1. Recognizing covered produce that shall not be harvested, including covered produce that may be contaminated with known or reasonably foreseeable hazards;

Inspecting harvest containers and equipment to ensure that they are functioning properly, clean, and maintained so as not to become a source of contamination of covered produce with known or reasonably foreseeable hazards; and

3. Correcting problems with harvest containers or equipment, or reporting those problems to the supervisor, or other designated representative, as appropriate to the person's job responsibilities.

C. At least one supervisor or designated representative for the farm shall have successfully completed food safety training at least equivalent to that received under standardized curriculum recognized as adequate by the FDA.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-503 Supervision; Identified Personnel

The farm shall assign or identify a person or persons to be responsible for its operations to ensure compliance with the requirements of Articles 2 through 17 of this Chapter.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-504 Required Training; Recordkeeping

A. The farm shall establish and keep records required under this article in accordance with the requirements of Article 14 of this Chapter.

B. The farm shall establish and keep records of training that document the required training of personnel, including the date of training, topics covered, and the persons trained.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Article 6 PRODUCE SAFETY HEALTH AND HYGIENE

Ariz. Admin. Code § R3-10-601 Prevention Measures; Ill or Infected Persons

A. The farm shall take measures to prevent contamination of covered produce and food contact surfaces with undesirable microorganisms of public health significance from any person with an applicable health condition.

B. The farm shall take all of the following measures to satisfy the requirements of subsection (A):

1. Excluding any person from working in any operations that may result in contamination of covered produce or food contact surfaces with undesirable microorganisms of public health significance when the person, by medical examination, the person's acknowledgement, or observation, is shown to have, or appears to have, an applicable health condition;

2. Instructing personnel to notify their supervisor or a responsible party if they have, or if there is a reasonable possibility that they have an applicable health condition; and

3. The person may return to work when the person's health condition no longer presents a risk to public health.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-602 Covered Personnel; Hygienic Practices

A. Personnel who work in an operation in which covered produce or food contact surfaces are at risk of contamination with known or reasonably foreseeable hazards shall use hygienic practices while on duty to the extent necessary to protect against contamination.

B. The hygienic practices that personnel use to satisfy the requirements of subsection (A) when handling or contacting covered produce or food contact surfaces during a covered activity shall include all of the following:

1. Maintaining adequate personal cleanliness to protect against contamination of covered produce and food contact surfaces;

2. Avoiding contact with animals other than working animals, and taking appropriate steps to minimize the likelihood of contamination of covered produce when in direct contact with working animals;

3. Washing hands thoroughly, including scrubbing with soap or other surfactant, as appropriate, and water that is either from a municipal water source or is running water that has no detectable generic Escherichia coli (E. coli) in 100 milliliters (mL) of agricultural water used to wash hands (the use of untreated surface water is prohibited), and drying hands thoroughly using single-service towels, sanitary towel service, electric hand dryers, or other adequate hand drying devices on all of the following occasions:

a. Before starting work;

b. Before putting on gloves;

c. After using the toilet;

d. Upon return to the work station after any break or other absence from the work station;

e. As soon as practical after touching animals, including livestock and working animals, or any waste of animal origin; and

f. At any other time when the hands may have become contaminated in a manner that is reasonably likely to lead to contamination of covered produce with known or reasonably foreseeable hazards.

If gloves are used in handling covered produce or food contact surfaces, gloves shall be maintained in an intact and sanitary condition and shall be replaced when the gloves are no longer in an intact and sanitary condition;

5. Removing or covering hand jewelry that cannot be adequately cleaned and sanitized during periods in which covered produce is manipulated by hand; and

6. Not eating, chewing gum, or using tobacco products in an area used for a covered activity. Drinking beverages is permitted in designated areas as determined by the farm.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-603 Contamination Prevention; Visitors

A. The farm shall make visitors aware of policies and procedures to protect covered produce and food contact surfaces from contamination by people and take all steps reasonably necessary to ensure that visitors comply with the farm's policies and procedures.

B. The farm shall make toilet and hand-washing facilities accessible to visitors.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Article 7 PRODUCE SAFETY AGRICULTURAL WATER

Ariz. Admin. Code § R3-10-701 Agricultural Water; Incorporation of Federal Regulations

A. The Department incorporates by reference 21 CFR 112, Subpart E, as adopted in 80 FR 74353 on November 27, 2015, amended in 84 FR 9706 on March 18, 2019, and no later amendments or editions.

B. These Sections establish standards for agricultural water quality used by farms and as amended, provide delayed compliance dates for farms based on their size. The incorporated material is on file with the Arizona Department of Agriculture at 1688 W. Adams Street, Phoenix, AZ 85007.

C. The incorporated material, developed by the U.S. Food and Drug Administration, Department of Health and Human Services, is available from the U.S. Government Publishing Office, 732 North Capitol Street, NW, Washington, DC 20401-001. The incorporated material can be ordered online by visiting the U.S. Government Online Bookstore at https://bookstore.gpo.gov or is available free of charge at http://gpo.gov (electronic code of federal regulations).

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Article 8 PRODUCE SAFETY BIOLOGICAL SOIL AMENDMENTS OF ANIMAL ORIGIN AND HUMAN WASTE

Ariz. Admin. Code § R3-10-801 Definitions

These words are defined for use in this article, unless the context otherwise requires:

"Agricultural tea":

a. Means a water extract of biological materials, excluding any form of human waste, produced to transfer microbial biomass, fine particulate organic matter and soluble chemical components into an aqueous phase;

b. Includes stabilized compost, manure, non-fecal animal byproducts, peat moss, pre-consumer vegetative waste, table waste, and yard trimmings;

c. Is held for longer than one hour before application; and

d. Is a soil amendment for purposes of this Article.

2. "Agricultural tea additive" means a nutrient source, such as molasses, yeast extract, or algal powder, added to agricultural tea to increase microbial biomass.

3. "Application interval" means the time interval between application of an agricultural input, such as a biological soil amendment of animal origin, to a growing area and harvest of covered produce from the growing area where the agricultural input was applied.

4. "Biological soil amendment" means any soil amendment containing biological materials such as stabilized compost, manure, non-fecal animal byproducts, peat moss, pre-consumer vegetative waste, sewage sludge biosolids, table waste, agricultural tea, or yard trimmings, alone or in combination.

5. "Biological soil amendment of animal origin" means a biological soil amendment which consists, in whole or in part, of materials of animal origin, such as manure or non-fecal animal byproducts including animal mortalities, or table waste, alone or in combination. The term "biological soil amendment of animal origin" does not include any form of human waste.

6. "Composting" means a process to produce stabilized compost in which organic material is decomposed by the actions of undesirable microorganisms under thermophilic conditions for a designated period of time at a designated temperature, followed by a curing stage under cooler conditions.

"Curing" means the final stage of composting, which is conducted after much of the readily metabolized biological material has been decomposed, at cooler temperatures than those in the thermophilic phase of composting, to further reduce pathogens, promote further decomposition of cellulose and lignin, and stabilize composition. Curing may or may not involve insulation, depending on environmental conditions.

"Growth media" means material that acts as a substrate during the growth of covered produce, such as mushrooms and some sprouts, that contains, may contain, or consists of components that may include any animal waste, such as stabilized compost, manure, non-fecal animal byproducts or table waste.

9. "Non-fecal animal byproduct" means solid waste, other than manure, that is animal in origin, such as meat, fat, dairy products, eggs, carcasses, blood meal, bone meal, fish meal, shellfish waste, such as crab, shrimp, and lobster waste, fish emulsions, and offal, and is generated by commercial, institutional, or agricultural operations.

10. "Pre-consumer vegetative waste":

a. Means solid waste that is purely vegetative in origin, not considered yard trash, and derived from commercial, institutional or agricultural operations without coming into contact with animal products, byproducts or manure or with a consumer end user;

b. Includes material generated by farms, packing houses, canning operations, wholesale distribution centers and grocery stores, products that have been removed from their packaging, such as out-of-date juice, vegetables, condiments and breads, and associated packaging that is vegetative in origin, such as paper or corn-starch based products; and

c. Does not include table waste, packaging that has come in contact with materials, such as meat, that are not vegetative in origin, or any waste generated by restaurants.

11. "Sewage sludge biosolids" means the solid or semi-solid residue generated during the treatment of domestic sewage in a treatment works within the meaning of the definition of "sewage sludge" in 40 CFR 503.9(w).

12. "Soil amendment":

a. Means any chemical, biological, or physical material, such as elemental fertilizers, stabilized compost, manure, non-fecal animal byproducts, peat moss, perlite, pre-consumer vegetative waste, sewage sludge biosolids, table waste, agricultural tea and yard trimmings, intentionally added to the soil to improve the chemical or physical condition of soil in relation to plant growth or to improve the capacity of the soil to hold water; and

b. Includes growth media that serve as the entire substrate during the growth of covered produce, such as mushrooms and some sprouts.

13. "Stabilized compost" means a stabilized finished biological soil amendment produced through a controlled composting process.

14. "Static composting"' means a process to produce stabilized compost in which air is introduced into biological material, in a pile or row that may or may not be covered with insulating material, or in an enclosed vessel, by a mechanism that does not include turning. Examples of structural features for introducing air include embedded perforated pipes and a constructed permanent base that includes aeration slots. Examples of mechanisms for introducing air include passive diffusion and mechanical means, such as blowers that suction air from the composting material or blow air into the composting material using positive pressure.

15. "Surface water" means all water open to the atmosphere, such as rivers, lakes, reservoirs, streams, impoundments, seas, estuaries, and all springs, wells, or other collectors that are directly influenced by surface water.

16. "Table waste" means any post-consumer food waste, irrespective of whether the source material is animal or vegetative in origin, derived from individuals, institutions, restaurants, retail operations, or other sources where the food has been served to a consumer.

17. "Turned composting" means a process to produce stabilized compost in which air is introduced into biological material, in a pile, row, or enclosed vessel, by turning on a regular basis.

18. "Turning" means the process of mechanically mixing biological material that is undergoing a composting process with the specific intention of moving the outer, cooler sections of the material being composted to the inner, hotter sections.

19. "Yard trimmings" means purely vegetative matter resulting from landscaping maintenance or land clearing operations, including materials such as tree and shrub trimmings, grass clippings, palm fronds, trees, tree stumps, untreated lumber, untreated wooden pallets, and associated rocks and soils.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-802 Status of Biological Soil Amendments of Animal Origin; Requirements

A. A biological soil amendment of animal origin is treated if it has been processed to completion to adequately reduce undesirable microorganisms of public health significance in accordance with the requirements of R3-10-805, or, in the case of an agricultural tea, the biological materials of animal origin used to make the tea have been so processed, the water used to make the tea is not untreated surface water, and the water used to make the tea has no detectable generic Escherichia coli ( E. coli ) in 100 milliliters (mL) of water.

B. A biological soil amendment of animal origin is untreated if it either:

1. Has not been processed to completion in accordance with the requirements of R3-10-805, or in the case of an agricultural tea, the biological materials of animal origin used to make the tea have not been so processed, or the water used to make the tea is untreated surface water, or the water used to make the tea has detectable generic E. coli in 100 mL of water;

2. Has become contaminated after treatment;

3. Has been recombined with an untreated biological soil amendment of animal origin;

4. Is or contains a component that is untreated waste that the designated representative knows or has reason to believe is contaminated with a hazard or has been associated with foodborne illness; or

5. Is an agricultural tea made with biological materials of animal origin that contains an agricultural tea additive.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-803 Handling, Conveying and Storing Biological Soil Amendments of Animal Origin

A. Any biological soil amendment of animal origin shall be handled, conveyed and stored in a manner and location so that it does not become a potential source of contamination to covered produce, food contact surfaces, areas used for a covered activity, water sources, water distribution systems, and other soil amendments. Agricultural teas that are biological soil amendments of animal origin may be used in water distribution systems provided that all other requirements of this rule are met.

B. Any treated biological soil amendment of animal origin shall be handled, conveyed and stored in a manner and location that minimizes the risk of it becoming contaminated by an untreated or in-process biological soil amendment of animal origin.

C. If a person knows or has reason to believe that any biological soil amendment of animal origin may have become contaminated, it shall be handled, conveyed and stored as if it was untreated.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-804 Prohibition of Application of Human Waste

The farm may not use human waste for growing covered produce, except sewage sludge biosolids used in accordance with the requirements of 40 CFR part 503(D), or equivalent regulatory requirements.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-806 Application Requirements; Minimum Application Intervals

The farm shall apply the biological soil amendments of animal origin specified in the first column of the table in this Section in accordance with the application requirements specified in the second column of the table in this Section and the minimum application intervals specified in the third column of the table in this Section:

| If the biological soil amendment of animal origin is | Then the biological soil amendment of animal origin must be applied | And then the minimum application interval is | | --- | --- | --- | | 1. a. Untreated | In a manner that does not contact covered produce during application and minimizes the potential for contact with covered produce after application | [Reserved]. | | b. Untreated | In a manner that does not contact covered produce during or after application | 0 days. | | 2. Treated by a scientifically valid controlled physical, chemical, or biological process, or combination of scientifically valid controlled physical, chemical, or biological processes, in accordance with the requirements of Section R3-10-805(A)(2), to meet the microbial standard in Section R3-10-805(C). | In a manner that minimizes the potential for contact with covered produce during and after application | 0 days. | | 3. Treated by a scientifically valid controlled physical, chemical, or biological process, or combination of scientifically valid controlled physical, chemical, or biological processes, in accordance with the requirements of R3-10-805(A)(1) to meet the microbial standard in R3-10-805(B). | In any manner with no restrictions | 0 days. |

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-807 Biological Soil Amendment; Recordkeeping

A. The farm shall establish and keep records required under this article in accordance with the requirements of Article 14 of this Chapter.

B. For any biological soil amendment of animal origin the farm uses, it shall establish and keep the following records:

1. For a treated biological soil amendment of animal origin the farm receives from a third party, documentation, such as a certificate of conformance, at the time of delivery that both:

a. The process used to treat the biological soil amendment of animal origin is a scientifically valid process that has been carried out with appropriate process monitoring; and

b. The biological soil amendment of animal origin has been handled, conveyed and stored in a manner and location to minimize the risk of contamination by an untreated or in process biological soil amendment of animal origin.

2. For a treated biological soil amendment of animal origin the farm produces for its own farm or farms, documentation that process controls, which may include time, temperature, and turning, were achieved.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Article 9 PRODUCE SAFETY DOMESTICATED AND WILD ANIMALS

Ariz. Admin. Code § R3-10-901 Domesticated and Wild Animals; Inclusion; Exclusion

A. The requirements of this Article apply when a covered activity takes place in an outdoor area or a partially-enclosed building and when, under the circumstances, there is a reasonable probability that animals will contaminate covered produce.

B. The requirements of this article do not apply either:

1. When a covered activity takes place in a fully-enclosed building; or

2. To fish used in aquaculture operations.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-902 Grazing and Working Animals; Animal Intrusion; Requirements

A. The farm shall take the steps set forth in subsection (B) if, under the circumstances, there is a reasonable probability that grazing animals, working animals, or animal intrusion will contaminate covered produce.

B. The farm shall both:

1. Assess the relevant areas used for a covered activity for evidence of potential contamination of covered produce as needed during the growing season, based on the covered produce, practices and conditions, and observations and experience; and

2. If significant evidence of potential contamination is found, the designated representative shall evaluate whether the covered produce can be harvested in accordance with the requirements of R3-10-1002 and take measures reasonably necessary during growing to assist the farm later during harvest when it shall identify, and not harvest, covered produce that is reasonably likely to be contaminated with a known or reasonably foreseeable hazard.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-903 Covered Farms; Taking of Threatened or Endangered Species; Managing Outdoor Growing Areas

A. Nothing in this Chapter authorizes the "taking" of or attempting to take threatened or endangered species as that term is defined by the federal Endangered Species Act.

B. Articles 2 through 17 of this Chapter do not require covered farms to take measures to exclude animals from outdoor growing areas, or to destroy animal habitat or otherwise clear farm borders around outdoor growing areas or drainages.

C. For purposes of this Section, "taking" includes harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting threatened or endangered species.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Article 10 PRODUCE SAFETY GROWING, HARVESTING, PACKING AND HOLDING ACTIVITIES

Ariz. Admin. Code § R3-10-1001 Growing, Harvesting and Packing of Covered and Excluded Produce

If the farm grows, harvests, packs or holds produce that is not covered in Articles 2 through 17 of this Chapter and also conducts any of those activities on covered produce, and the excluded produce is not grown, harvested, packed or held in accordance with Articles 2 through 17 of this Chapter, the farm shall take measures during these covered activities, as applicable, to both:

1. Keep covered produce separate from excluded produce, except when covered produce and excluded produce are placed in the same container for distribution; and

2. Adequately clean and sanitize, as necessary, any food contact surfaces that contact excluded produce before using those food contact surfaces for covered activities on covered produce.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1002 Required Measures Prior to Harvest

The farm shall take all measures reasonably necessary to identify, and not harvest, covered produce that is reasonably likely to be contaminated with a known or reasonably foreseeable hazard, including steps to identify and not harvest covered produce that is visibly contaminated with animal excreta. At a minimum, identifying and not harvesting covered produce that is reasonably likely to be contaminated with animal excreta or that is visibly contaminated with animal excreta requires a visual assessment of the growing area and all covered produce to be harvested, regardless of the harvest method used.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1003 Handling Covered Produce During Covered Activities

The farm shall handle harvested covered produce during covered activities in a manner that protects against contamination with known or reasonably foreseeable hazards, for example, by avoiding, to the degree practicable, contact of cut surfaces of harvested produce with soil.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1004 Dropped Covered Produce; Requirements

A. The farm shall not distribute dropped covered produce.

B. For purposes of this Section, "dropped covered produce" means covered produce that drops to the ground before harvest and does not include:

1. Root crops that grow underground, such as carrots;

2. Crops that grow on the ground, such as cantaloupe; or

Produce that is intentionally dropped to the ground as part of harvesting, such as almonds.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1005 Food packing and packaging; requirements

A. The farm shall use food-packing material that is adequate for its intended use, which includes being both:

1. Cleanable or designed for single use.

2. Unlikely to support growth or transfer of bacteria.

B. If the farm reuses food-packing material, it shall take adequate steps to ensure that food contact surfaces are clean, such as by cleaning food-packing containers or using a clean liner.

C. The farm shall package covered produce in a manner that prevents the formation of Clostridium botulinum toxin if that toxin is a known or reasonably foreseeable hazard, such as for mushrooms.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Article 11 PRODUCE SAFETY EQUIPMENT, TOOLS, BUILDINGS AND SANITATION

Ariz. Admin. Code § R3-10-1101 Equipment and Tools; Inclusion; Requirements

A. Equipment and tools subject to the requirements of this Article:

1. Are those that are intended to, or likely to, contact covered produce; and

2. Are those instruments or controls used to measure, regulate, or record conditions to control or prevent the growth of undesirable microorganisms of public health significance.

B. Examples include knives, implements, mechanical harvesters, waxing machinery, grading belts, sizing equipment, palletizing equipment, cooling equipment such as hydrocoolers, and equipment used to store or convey harvested covered produce, such as containers, bins, food-packing material, dump tanks, flumes, and vehicles or other equipment used for transport that are intended to, or likely to, contact covered produce.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 681, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1102 Buildings; specific inclusions

Buildings subject to the requirements of this Article include:

1. Any fully- or partially-enclosed building used for covered activities, including minimal structures that have a roof but do not have any walls; and

2. Storage sheds, buildings, or other structures used to store food contact surfaces, such as harvest containers and food-packing materials.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1103 Equipment and Tools; Cleaning and Maintenance

A. The farm shall use equipment and tools that are of adequate design, construction, and workmanship to enable them to be adequately cleaned and properly maintained.

B. Equipment and tools shall be:

1. Installed and maintained as to facilitate cleaning of the equipment and of all adjacent spaces;

2. Stored and maintained to protect covered produce from being contaminated with known or reasonably foreseeable hazards; and

3. Stored and maintained to prevent the equipment and tools from attracting and harboring pests.

C. Seams on food contact surfaces of equipment and tools shall be either smoothly bonded, or maintained to minimize accumulation of dirt, filth, food particles, and organic material and thus minimize the opportunity for harborage or growth of undesirable microorganisms.

D. The farm shall inspect, maintain, and clean and, when necessary and appropriate, sanitize all food contact surfaces of equipment and tools used in covered activities as frequently as reasonably necessary to protect against contamination of covered produce.

E. The farm shall maintain and clean all non-food-contact surfaces of equipment and tools subject to this article used during harvesting, packing, and holding as frequently as reasonably necessary to protect against contamination of covered produce.

F. If the farm uses equipment such as pallets, forklifts, tractors, and vehicles in a manner that the equipment is intended to, or likely to, contact covered produce, it shall do so in a manner that minimizes the potential for contamination with known or reasonably foreseeable hazards of covered produce or food contact surfaces.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1104 Maintenance of Instruments and Controls

Instruments or controls the farm uses to measure, regulate, or record temperatures, hydrogen-ion concentration (pH), sanitizer efficacy or other conditions, in order to control or prevent the growth of undesirable microorganisms of public health significance, shall be:

1. Accurate and precise as necessary and appropriate in keeping with their purpose;

2. Adequately maintained; and

3. Adequate in number for their designated uses.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1105 Maintenance of Equipment Used for Transport of Covered Produce

Equipment that is subject to this Article that the farm uses to transport covered produce shall be both:

1. Adequately clean before use in transporting covered produce; and

2. Adequate for use in transporting covered produce.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1106 Buildings; Suitability; Drainage

A. Buildings shall be suitable in size, construction, and design to facilitate maintenance and sanitary operations for covered activities to reduce the potential for contamination with known or reasonably foreseeable hazards of covered produce or food contact surfaces. Buildings shall:

1. Provide sufficient space for placement of equipment and storage of materials;

2. Permit proper precautions to be taken to reduce the potential for contamination with known or reasonably foreseeable hazards of covered produce, food contact surfaces, or packing materials; and

3. Be designed to reduce the potential for contamination, including separating operations in which contamination is likely to occur by location, time, partition, enclosed systems or other methods.

B. The farm shall provide adequate drainage in all areas where normal operations release or discharge water or other liquid waste on the ground or floor of the building.

C. The farm shall implement measures to prevent contamination of its covered produce and food contact surfaces, as appropriate, in its buildings, considering the potential for contamination through both:

1. Floors, walls, ceilings, fixtures, ducts, or pipes; and

2. Drip or condensate.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1107 Buildings; Domesticated Animals

A. The farm shall take reasonable precautions to prevent contamination with known or reasonably foreseeable hazards of covered produce, food contact surfaces, and food-packing materials in fully-enclosed buildings from domesticated animals by either:

1. Excluding domesticated animals from fully-enclosed buildings where covered produce, food contact surfaces, or food-packing material is exposed; or

2. Separating domesticated animals in a fully enclosed building from an area where a covered activity is conducted on covered produce by location, time, or partition.

B. Guard or guide dogs may be allowed in some areas of a fully enclosed building if the presence of the dogs is unlikely to result in contamination of produce, food contact surfaces, or food-packing materials.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1108 Buildings; Pest Control; Routine Monitoring

A. The farm shall take those measures reasonably necessary to protect covered produce, food contact surfaces, and food-packing materials from contamination by pests in buildings, including routine monitoring for pests as necessary and appropriate.

B. For fully-enclosed buildings, the farm shall take measures to exclude pests from its buildings.

C. For partially-enclosed buildings, the farm shall take measures to prevent pests from becoming established in its buildings, such as by use of screens or by monitoring for the presence of pests and removing them when present.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1109 Toilet Facilities; Adequacy; Accessibility

A. The farm shall provide personnel with adequate, readily accessible toilet facilities, including toilet facilities readily accessible to growing areas during harvesting activities.

B. The farm's toilet facilities shall be designed, located, and maintained to:

Prevent contamination with human waste of covered produce, food contact surfaces, areas used for a covered activity, water sources, and water distribution systems;

2. Be directly accessible for servicing, be serviced and cleaned at a frequency sufficient to ensure suitability of use, and be kept supplied with toilet paper; and

3. Provide for the sanitary disposal of waste and toilet paper.

C. During growing activities that take place in a fully-enclosed building, and during covered harvesting, packing, or holding activities, the farm shall provide a hand-washing station that meets the requirements of R3-10-1110 and is in sufficiently close proximity to toilet facilities to make it practical for persons who use the toilet facility to wash their hands.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1110 Hand-Washing Facilities; Appropriate Disposal of Waste

A. The farm shall provide personnel with adequate, readily accessible hand-washing facilities during growing activities that take place in a fully-enclosed building, and during covered harvest, packing, or holding activities.

B. The farm's hand-washing facilities shall be furnished with all of the following:

1. Soap (or other surfactant, as appropriate);

2. Running water:

a. From a municipal water provider; or

b. That has no detectable generic Escherichia coli ( E. coli ) in 100 milliliters (mL) of agricultural water used to wash hands. The use of untreated surface water is prohibited.

3. Adequate drying devices, such as single service towels, sanitary towel service, or electric hand dryers.

C. The farm shall both:

1. Provide for appropriate disposal of waste, such as waste water and used single-service towels, associated with a hand-washing facility; and

2. Take appropriate measures to prevent waste water from a hand-washing facility from contaminating with known or reasonably foreseeable hazards, covered produce, food contact surfaces, areas used for a covered activity, agricultural water sources, and agricultural water distribution systems.

D. The farm shall not use antiseptic hand rubs as a substitute for soap, or other surfactant, as appropriate, and water.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1111 Sewage; Control and Disposal; Significant Events

A. The farm shall dispose of sewage into an adequate sewage or septic system or through other adequate means.

B. The farm shall maintain sewage and septic systems in a manner that prevents contamination by known or reasonably foreseeable hazards that would impact covered produce, food contact surfaces, areas used for a covered activity, agricultural water sources, and agricultural water distribution systems.

C. The farm shall manage and dispose of leakages or spills of human waste in a manner that:

1. Prevents contamination of covered produce; and

2. Prevents or minimizes contamination of any of the following:

a. Food contact surfaces,

b. Areas used for a covered activity,

c. Agricultural water sources, or

d. Agricultural water distribution systems.

D. After a significant event, such as flooding or an earthquake, that could negatively impact a sewage or septic system, the farm shall take appropriate steps to ensure that sewage and septic systems continue to operate in a manner that does not contaminate covered produce, food contact surfaces, areas used for a covered activity, agricultural water sources, or agricultural water distribution systems.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1112 Trash, Litter and Waste; Conveyance, Storage and Disposal

A. The farm shall convey, store, and dispose of trash, litter, and waste in order to both:

1. Minimize the potential for trash, litter, or waste to attract or harbor pests; and

2. Protect against contamination by known or reasonably foreseeable hazards that would impact covered produce, food contact surfaces, areas used for a covered activity, agricultural water sources, and agricultural water distribution systems.

B. The farm shall adequately operate systems for waste treatment and disposal so that they do not constitute a potential source of contamination in areas used for a covered activity.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1113 Plumbing; Adequacy of Size and Design

A farm's plumbing shall be of an adequate size and design and be adequately installed and maintained to:

1. Distribute water under pressure as needed, in sufficient quantities, in all areas where used for covered activities, for sanitary operations, or for hand-washing and toilet facilities;

2. Properly convey sewage and liquid disposable waste;

3. Avoid being a source of contamination to covered produce, food contact surfaces, areas used for a covered activity, or agricultural water sources; and

4. Prevent backflow from, or cross connection between, piping systems that discharge waste water or sewage and piping systems that carry water used for a covered activity, for sanitary operations, or for use in hand-washing facilities.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1114 Control of Animal Excreta from Domesticated Animals

If the farm has domesticated animals, to prevent contamination with animal waste, of covered produce, food contact surfaces, areas used for a covered activity, agricultural water sources, or agricultural water distribution systems, the farm shall both:

1. Adequately control their excreta and litter, and

2. Maintain a system for control of animal excreta and litter.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1115 Equipment, Tools, Buildings and Sanitation; Recordkeeping

A. The farm shall establish and keep records required under this Article in accordance with the requirements of Article 14 of this Chapter.

B. The farm shall establish and keep documentation of the date and method of cleaning and sanitizing of equipment subject to this Article used in both:

Growing operations for sprouts; and

2. Covered harvesting, packing, or holding activities.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Article 12 PRODUCE SAFETY SPROUTS

Ariz. Admin. Code § R3-10-1201 Sprouts; Incorporation of Federal Regulations

A. The Department incorporates by reference 21 CFR 112, Subpart M, as published in 80 FR 74353 on November 27, 2015, and no later amendments or editions.

B. These sections apply to growing, harvesting, packing and holding of all sprouts, except soil- or substrate-grown sprouts harvested without their roots. The incorporated material is on file with the Arizona Department of Agriculture at 1688 W. Adams Street, Phoenix, AZ 85007.

C. The incorporated material, developed by the U.S. Food and Drug Administration, Department of Health and Human Services, is available from the U.S. Government Publishing Office, 732 North Capitol Street, NW, Washington, DC 20401-001. The incorporated material can be ordered online by visiting the U.S. Government Online Bookstore at https://bookstore.gpo.gov or is available free of charge at http://gpo.gov (electronic code of federal regulations).

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Article 13 PRODUCE SAFETY ANALYTICAL METHODS

Ariz. Admin. Code § R3-10-1301 Analytical Methods; Incorporation of Federal Regulations

A. The Department incorporates by reference 21 CFR 112, Subpart N, as published in 80 FR 74353 on November 27, 2015, and no later amendments or editions.

B. These sections apply to methods to test agricultural water for specific microbial quality to ensure the water is consistently safe and of adequate sanitary quality for its intended use. The incorporated material is on file with the Arizona Department of Agriculture at 1688 W. Adams Street, Phoenix, AZ 85007.

C. The incorporated material, developed by the U.S. Food and Drug Administration, Department of Health and Human Services, is available from the U.S. Government Publishing Office, 732 North Capitol Street, NW, Washington, DC 20401-001. The incorporated material can be ordered online by visiting the U.S. Government Online Bookstore at https://bookstore.gpo.gov or is available free of charge at http://gpo.gov (electronic code of federal regulations).

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Article 14 PRODUCE SAFETY RECORDS

Ariz. Admin. Code § R3-10-1401 Definition

Unless the context otherwise requires, "electronic record" means any combination of text, graphics, data, audio, pictorial, or other information representation in digital form that is created, modified, maintained, archived, retrieved, or distributed by a computer system.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1402 Recordkeeping; Signature by Responsible Party

A. Except as otherwise specified, all records required under Articles 2 through 17 of this Chapter shall:

1. Include, as applicable, all of the following:

a. The name and location of the farm;

b. Actual values and observations obtained during monitoring;

c. An adequate description, such as the commodity name, or the specific variety or brand name of a commodity, and, when available, any lot number or other identifier, of covered produce applicable to the record;

d. The location of a growing area or other area, such as a specific packing shed, applicable to the record; and

e. The date and time of the activity documented.

2. Be created at the time an activity is performed or observed;

3. Be accurate, legible, and indelible; and

4. Be dated and signed or initialed by the person who performed the activity documented.

B. Records required under Sections R3-10-406, R3-10-504, Article 7, R3-10-807 and R3-10-1115 shall be reviewed, dated, and signed, within a reasonable time after the records are made, by a supervisor or designated representative, unless the farm's designated representative signed or initialed as the person performing the activity.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1403 Records; Off-Site Storage and Electronic Records

A. Offsite storage of records is permitted if the records can be retrieved and provided onsite within 24 hours of request for official review.

B. Electronic records are considered to be onsite at a farm if they are accessible from an onsite location at the farm.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1404 Existing Records; Duplication; Supplementation

A. Existing records that are kept to comply with other federal, state, or local laws, or for any other reason, do not need to be duplicated if they contain all of the required information and satisfy the requirements of Articles 2 through 17 of this Chapter. Existing records may be supplemented as necessary to include all of the required information and satisfy the requirements of Articles 2 through 17 of this Chapter.

B. The information required by Articles 2 through 17 of this Chapter does not need to be kept in one set of records. If existing records contain some of the required information, any new information required by Articles 2 through 17 of this Chapter may be kept either separately or combined with the existing records.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1405 Period for Maintenance of Records

A. A farm shall keep records required by this Article for at least two years past the date the record was created.

B. Farms that have a qualified exemption shall retain records that the farm relies on during the three-year period preceding the applicable calendar year to satisfy the criteria for a qualified exemption, in accordance with R3-10-403 and R3-10-405 . Records supporting a qualified exemption shall be retained as long as necessary to support the farm's status during the applicable calendar year.

C. Records that relate to the general adequacy of the equipment or processes or records that relate to analyses, sampling, or action plans being used by a farm, including the results of scientific studies, tests, and evaluations, shall be retained at the farm for at least two years after the use of that equipment or processes, or records related to analyses, sampling, or action plans, is discontinued.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1406 Records; Acceptable Formats

A farm shall keep records as either:

1. Original records;

2. True copies, such as photocopies, pictures, scanned copies or other accurate reproductions of the original records; or

3. Electronic records.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1407 Availability and Accessibility of Records to Department

A. A farm shall have all records required under this Article readily available and accessible during the retention period for inspection and copying by an authorized employee or agent of the Department upon oral or written request, except that the farm shall have 24 hours to obtain records it keeps offsite and make them available and accessible to an authorized employee or agent of the Department for inspection and copying.

B. If the farm uses electronic techniques to keep records, or to keep true copies of records, or if the farm uses reduction techniques to keep true copies of records, it shall provide the records to an authorized employee or agent of the Department in a format in which the records are accessible and legible.

C. If the farm is closed for a prolonged period, the records may be transferred to some other reasonably accessible location but shall be returned to the farm within 24 hours for official review upon request.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1408 Disclosure of Records to Outside Parties

Records obtained by an authorized employee or agent of the Department are subject to disclosure pursuant to A.R.S. § 3-525.06.

A. Documents, data and records received by the department and employees and agents of the department from a farm under this Article are public records and are subject to disclosure as provided by law, except for:

Trade secrets, the disclosure of which would give an unfair advantage to competitors or would otherwise cause substantial harm to the farm's competitive position.

Financial information.

Documents, data and records derived from inspections and investigations under this Article.

B. Any documents, data and records may be disclosed on a confidential basis to agencies or instrumentalities of any of the following that have data sharing agreements or data sharing credentials with the department or the United States food and drug administration:

The United States.

This state.

Political subdivisions of this state with which the director has a memorandum of understanding for the purposes of this subsection.

Indian tribal governments in this state.

Any other state:

a. From which produce was transported into this state.

b. Into which produce is transported from this state.

C. Any documents, data and records may be disclosed pursuant to:

The order of a court of competent jurisdiction.

A signed and notarized release by a farm authorizing the disclosure of specific information to a specific person or persons for a specific reason or reasons.

D. Aggregate statistical data derived from confidential information may be disclosed if the data does not identify, or enable the identification of, and is not attributable to, any individual farm. Information may not be disclosed pursuant to this subsection if a farm demonstrates that disclosure would give an unfair advantage to competitors or would otherwise cause substantial harm to the farm's competitive position.

E. A person, including a former employee or agent of the department or a person previously having an administrative duty for the department, who receives confidential information while an employee or agent of the department or while performing an administrative or enforcement duty for the department may not disclose that information except as provided in this Article.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Article 15 PRODUCE SAFETY VARIANCES

Ariz. Admin. Code § R3-10-1501 Request for Variance; Method of Request; Required Information

A. An entity located or conducting business in this state that is subject to regulation under Articles 2 through 17 of this Chapter may request a variance from one or more requirements by submitting an application to the Department demonstrating that both of the following apply:

1. The variance is necessary in light of local growing conditions; and

2. The procedures, processes, and practices to be followed under the variance are reasonably likely to ensure that the produce is not adulterated under Section 402 of the Federal Food, Drug, and Cosmetic Act and provide the same level of public health protection as the requirements of Articles 2 through 17 of this Chapter.

B. The application shall include all of the following:

1. A statement that the variance is necessary in light of local growing conditions and that the procedures, processes, and practices to be followed under the variance are reasonably likely to ensure that the produce is not adulterated under Section 402 of the Federal Food, Drug and Cosmetic Act and provide the same level of public health protection as the requirements of Articles 2 through 17 of this Chapter;

2. A description of the variance requested, including the farms to which the variance would apply and the provision(s) of Articles 2 through 17 of this Chapter to which the variance would apply; and

3. Information demonstrating that the procedures, processes, and practices to be followed under the variance both:

a. Are reasonably likely to ensure that the produce is not adulterated under Section 402 of the Federal Food, Drug, and Cosmetic Act; and

b. Will provide the same level of public health protection as the requirements of Articles 2 through 17 of this Chapter.

C. The Department shall review the application and, after review, may submit the application to FDA for consideration as prescribed by 21 CFR Part 112(P) . The Department shall provide a response to the applicant indicating its decision on whether to submit the application to the FDA.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Article 16 PRODUCE SAFETY INSPECTIONS, VIOLATIONS AND ENFORCEMENT

Ariz. Admin. Code § R3-10-1601 Definitions

These words are defined for use in this Article, unless the context otherwise requires:

"Egregious violation" means a practice, condition, or situation on a farm that is substantially likely to lead to serious adverse health consequences or death from the consumption of or exposure to covered produce.

2. "Grower-shipper" means a person who is engaged in this state in the business of packing, shipping, transporting or selling covered produce of which the person is a grower, producer or owner.

3. "Imminent public health hazard violation" means a practice, condition or situation on a farm or in a packing house that, if corrective action is not taken immediately, is substantially likely to lead to a potential source of contamination that may cause serious adverse health consequences or death from the consumption of or exposure to covered produce.

"Major violation" means a practice, condition or situation on a farm or in a packing house that, if corrective action is not taken, may increase the risk of contamination to covered produce.

5. "Minor violation" means a practice, condition or situation on a farm or in a packing house that will not increase the risk of contamination to covered produce.

6. "Regulated person" means a grower, grower-shipper, harvester, packer, cooler or holder that is a farm, as defined in R3-10-201 and is subject to any of the requirements of Articles 2 through 17 of this Chapter.

7. "Significant violation" means a practice, condition or situation on a farm or in a packing house that, if corrective action is not taken, is reasonably likely to increase the risk of contamination to covered produce.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1602 Inspection; Procedure; Conduct

A. The Department shall conduct inspections pursuant to the procedure outlined in A.R.S. § 41-1009.

B. The designated representative of the farm shall provide information at the time of the inspection regarding known entities associated with the farm that are subject to inspection.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1603 Initial Inspection

A. For an initial inspection, if the inspector observes a condition indicating the regulated person is not in compliance, and the condition is not egregious or an imminent health hazard, the inspector may provide outreach and education resources as appropriate for:

Training;

2. Guidance documents;

3. Technical assistance network; and

4. On-farm direct technical assistance.

B. During an initial inspection, if the inspector observes a condition that likely has caused an imminent public health hazard and the covered produce is still under the control of the regulated person, the inspector may take immediate action as follows:

1. Discuss observed conditions with the designated representative;

2. Document findings on the inspection form;

3. Determine a timeline for corrective actions and preventative measures;

4. Evaluate the covered produce for embargo and disposal in conjunction with the Associate Director;

5. Schedule a reinspection within 3 to 10 days; and

6. Forward the findings to the Associate Director to determine if any other enforcement action is necessary. The Associate Director may also communicate findings to FDA, Arizona Department of Health Services, county departments of health or other agencies as appropriate.

C. During an initial inspection, if the inspector observes conditions indicating an egregious situation and the covered produce has left the control of the regulated person, the inspector may immediately take any of the following actions:

1. Discuss observed conditions with the designated representative;

Document findings on the inspection form;

3. Determine a timeline for corrective actions and preventative measures;

4. Initiate a recall, embargo or stop sale in conjunction with the Associate Director;

5. Schedule a reinspection within 3 to 10 days; or

6. Forward the findings to the Associate Director to determine if any other enforcement action is necessary. The Associate Director may also communicate findings to FDA, Arizona Department of Health Services, county departments of health or other agencies as appropriate.

D. In order to address any condition described in subsection (B) and (C), the regulated person or anyone controlling the covered produce may take immediate corrective action and stop the harvest or institute a voluntary withdrawal of the affected covered produce as appropriate.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1604 Routine Inspection, Reinspection, or For Cause Inspection

A. For a routine inspection, reinspection or for cause inspection, if the inspector observes conditions that will not cause produce contamination, but require corrective action, the inspector may take any of the following actions:

1. Discuss observed conditions with the designated representative;

Document findings on the inspection form;

3. Agree on a timeline for corrective actions and preventative measures; or

Determine if any further training, guidance documents or technical assistance is necessary.

B. During a routine inspection, reinspection or for cause inspection, if the inspector observes conditions that may cause produce contamination, the inspector may take any of the following actions:

1. Discuss observed conditions with the designated representative;

2. Document findings on the inspection form;

3. Determine if any covered produce has left the control of the regulated person;

4. Determine a timeline for corrective actions and preventative measures;

5. Schedule a reinspection within 3 to 10 days or a time appropriate to the growing season; or

6. Forward the findings to the Associate Director to determine if any other enforcement action is necessary. The Associate Director may also communicate findings to FDA, Arizona Department of Health Services, county departments of health or other agencies as appropriate.

C. During a routine inspection, reinspection or for cause inspection, if the inspector observes conditions that indicate an imminent public health hazard and the covered produce is still under the control of the regulated person, the inspector may immediately take any of the following actions:

1. Discuss observed conditions with the designated representative;

Document findings on the inspection form;

3. Determine a timeline for corrective actions and preventative measures;

4. Evaluate the covered produce for embargo and disposal in conjunction with the Associate Director;

5. Schedule a reinspection within 3 to 10 days; or

6. Forward the findings to the Associate Director to determine if any other enforcement action is necessary. The Associate Director may also communicate findings to FDA, Arizona Department of Health Services, county departments of health or other agencies as appropriate.

D. During a routine inspection, reinspection or for cause inspection, if the inspector observes conditions indicating an egregious situation and the covered produce has left the control of the regulated person, the inspector may immediately take any of the following actions:

1. Discuss observed conditions with the designated representative;

2. Document findings on the inspection form;

3. Determine a timeline for corrective actions and preventative measures;

4. Initiate a recall, embargo or stop sale in conjunction with the Associate Director;

5. Schedule a reinspection within 3 to 10 days; or

6. Forward the findings to the Associate Director to determine if any other enforcement action is necessary. The Associate Director may also communicate findings to FDA, Arizona Department of Health Services, county departments of health or other agencies as appropriate.

E. In order to address any condition described in subsection (C) and (D), the regulated person or anyone controlling the covered produce may take immediate corrective action and stop the harvest or institute a voluntary withdrawal of the affected covered produce as appropriate.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1605 Egregious Violation

The following is a nonexclusive list of practices, conditions or situations on a farm that is substantially likely to lead to serious adverse health consequences or death from the consumption of or exposure to covered produce. A regulated person shall not:

1. Allow the harvest, packing or distribution of covered produce that is visibly contaminated with animal or human excreta;

2. Allow the harvest, packing or distribution of covered produce that is visibly contaminated with sewage, or the contents of a septic system or toilet facilities; or

3. Allow the harvest, packing or distribution of covered produce that has had raw manure in direct contact with the edible portion of the plant.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1606 Imminent Public Health Hazard Violation

The following is a nonexclusive list of practices, conditions or situations on a farm that, if corrective action is not taken immediately, are substantially likely to lead to a potential source of contamination that may cause serious adverse health consequences or death from the consumption of or exposure to covered produce. A regulated person shall not:

1. Allow the harvest, packing or distribution of covered produce that is substantially likely to be contaminated with animal or human excreta;

2. Allow the harvest, packing or distribution of covered produce that is reasonably likely to be contaminated with sewage, or the contents of a septic system or toilet facilities; or

3. Allow the harvest, packing or distribution of covered produce that has had raw manure in direct contact with the edible portion of the plant.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1607 Significant Violation

The following is a nonexclusive list of practices, conditions or situations on a farm that, if corrective action is not taken, are reasonably likely to increase the risk of contamination to covered produce. A regulated person shall not:

1. Use measures that fail to prevent contamination of covered produce and food contact surfaces with undesirable microorganisms of public health significance from a person with an applicable health condition;

Allow the use of improper hygienic practices by personnel who handle or contact covered produce or food contact surfaces;

3. Use untreated, improperly treated or contaminated biological soil amendments of animal origin;

4. Allow the harvest of covered produce that is reasonably likely to be contaminated with known or reasonably foreseeable hazards as the result of an animal intrusion;

5. Clean equipment and tools in a manner that fails to protect covered produce from being contaminated with known or reasonably foreseeable hazards;

Dispose of waste from toilet facilities, in a manner that fails to protect covered produce, food contact surfaces, agricultural water sources, or agricultural water distribution systems from being contaminated with known or reasonably foreseeable hazards;

Improperly manage grazing animals, working animals and domestic animals on areas where covered activities occur; or

8. Improperly dispose of sewage or improperly control sewage in a manner that fails to protect covered produce, food contact surfaces, agricultural water sources, or agricultural water distribution systems from being contaminated with known or reasonably foreseeable hazards.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1608 Major Violation

The following is a nonexclusive list of practices, conditions or situations on a farm that, if corrective action is not taken, may increase the risk of contamination to covered produce. A regulated person shall not:

1. Store or maintain packaging materials in a manner that fails to protect covered produce from being contaminated by known or reasonably foreseeable hazards;

2. Store or maintain equipment and tools in a manner that fails to protect covered produce from being contaminated by known or reasonably foreseeable hazards;

3. Allow personnel to perform assigned duties without adequate or appropriate training;

4. Allow personnel to perform assigned duties without proper food safety apparel or hair restraints;

5. Allow visitors to contaminate covered produce or food contact surfaces by known or reasonably foreseeable hazards;

6. Allow a person with an applicable health condition to handle or contact covered produce or food contact surfaces;

7. Allow a person who has not properly used toilet or hand washing facilities to handle or contact covered produce or food contact surfaces;

8. Dispose of trash from hand washing facilities in a manner that fails to protect covered produce, food contact surfaces, agricultural water sources, or agricultural water distribution systems from being contaminated with known or reasonably foreseeable hazards;

9. Improperly control or improperly dispose of trash, litter and waste in areas used for covered activities;

10. Improperly control or improperly dispose of trash from toilet and hand washing facilities in areas not used for covered activities, but in areas that are part of the farm;

11. Improperly maintain and service toilet facilities to ensure suitability of use;

12. Improperly maintain and service hand washing facilities to ensure suitability of use;

13. Improperly control pests in buildings in a manner that fails to protect covered produce from being contaminated by known or reasonably foreseeable hazards; or

14. Complete records prior to the documented activity being performed.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1609 Minor Violation

The following is a nonexclusive list of practices, conditions or situations on a farm that will not increase the risk of contamination to covered produce. A regulated person shall:

1. Store and maintain complete records for the proper time period as required by Articles 4 through 14 of this Chapter; and

2. Control and properly dispose of litter in areas not used for covered activities but in areas that are part of the farm.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1610 Unlisted Violation; Classification

The Department shall classify a violation of Articles 4 through 14 of this Chapter or of A.R.S. Title 3, Chapter 3, Article 4.1, not specifically listed as egregious, imminent health hazard, significant, major or minor violation, according to the nature and urgency of the violation and the risk to public health and safety.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1611 Violation; Reclassification; Factors

A significant, major or minor violation may be classified as a higher or lower violation based on the nature and urgency of the violation and the risk to public health and safety.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1612 Aggravating and Mitigating Circumstances; Factors

A. Depending on any aggravating circumstances surrounding a significant, major or minor violation, such as intentional conduct or inaction that results in failure to maintain standards, the violation may be classified as a higher violation.

B. A violation may be classified as a lower violation, or in the case of a minor violation, be classified as no violation, depending on any mitigating circumstances surrounding a significant, major or minor violation. Mitigating circumstances may include: correcting a violation at the time of inspection; immediately addressing or providing a remedy for the violation; conducting immediate onsite retraining; or implementing additional measures or practices.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1613 Repeat Violations; Penalty

A. During a routine inspection, reinspection or for cause inspection, if the inspector observes conditions indicating the regulated person has been previously notified of the same or similar violation, the inspector may take any of the following actions:

1. Discuss observed conditions with the regulated person;

2. Document findings on the inspection form;

Determine a timeline for corrective actions and preventative measures; or

4. Forward the findings to the Associate Director to determine if any other enforcement action is necessary.

B. The Department may assess a penalty for a repeat significant or major violation within three years from the date the first same or similar violation occurred. The amount of the penalty shall be progressively graduated and shall be based on the nature and urgency of the violation and the risk to public health and safety as follows:

1. For a first repeat significant violation, up to $100;

2. For a second repeat significant violation, up to $200;

3. For a subsequent repeat significant violation, up to $400;

4. For a second repeat major violation, up to $50; and

5. For a subsequent repeat major violation, up to $100.

C. The Department may assess a penalty for a third or subsequent repeat minor violation of the same or similar type within three years from the date the first same or similar violation occurred as follows:

1. For a third repeat minor violation, up to $25; and

2. For a subsequent repeat minor violation, up to $50.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1614 Civil Penalties

A. The Director may assess a civil penalty of up to:

1. $1,000 for each egregious violation; and

2. $750 for each imminent public health hazard violation.

B. The amount of the civil penalty shall be progressively graduated according to the nature and urgency of the violation and the risk to public health and safety.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1615 Violation; Appeal

A person who violates Articles 2 through 17 of this Article or rules adopted pursuant to Articles 2 through 17 of this Article may request a hearing before an administrative law judge pursuant to A.R.S. Title 41, Chapter 6, Article 10. The decision of the administrative law judge is subject to review by the Director as provided by A.R.S. Title 41, Chapter 6, Article 10.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Article 17 PRODUCE SAFETY WITHDRAWAL OF QUALIFIED EXEMPTION

Ariz. Admin. Code § R3-10-1701 Withdrawal of Qualified Exemption; Incorporation of Federal Regulations

A. The Department incorporates by reference 21 CFR 112(R), as published in 80 FR 74353 on November 27, 2015, and no later amendments or editions.

B. These sections apply to the process for the FDA to withdraw a qualified exemption. A qualified exemption may be granted to a farm based on average annual monetary value of all food sold and direct farm marketing. A qualified exemption may be withdrawn based on specific circumstances outlined in 21 CFR 112, Subpart R. The incorporated material is on file with the Arizona Department of Agriculture at 1688 W. Adams Street, Phoenix, AZ 85007.

C. The incorporated material, developed by the U.S. Food and Drug Administration, Department of Health and Human Services, is available from the U.S. Government Publishing Office, 732 North Capitol Street, NW, Washington, DC 20401-001. The incorporated material can be ordered online by visiting the U.S. Government Online Bookstore at https://bookstore.gpo.gov or is available free of charge at http://gpo.gov (electronic code of federal regulations).

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1702 Withdrawal of Qualified Exemption; FDA

A. The FDA may withdraw a farm's qualified exemption pursuant to 21 CFR 112(R) . For example, an exemption may be withdrawn by FDA:

1. In the event of an active investigation of a foodborne illness outbreak that is directly linked to the farm.

2. If FDA determines that it is necessary to protect the public health and prevent or mitigate a foodborne illness outbreak based on conduct or conditions associated with the qualified farm that are material to the safety of the food that would otherwise be covered produce grown, harvested, packed or held at the farm.

B. Requirements regarding notice, appeals, hearings, timeframes, decisions, revocation and reinstatement for an exemption withdrawn by FDA are governed by 21 CFR 112(R).

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1703 Withdrawal of Qualified Exemption; Department

The Department may withdraw a farm's qualified exemption for noncompliance as follows:

1. Failure to satisfy the requirements, terms and conditions prescribed by R3-10-403;

2. Failure to satisfy the requirements regarding food packaging labels as required by R3-10-404;

3. Failure to maintain adequate records necessary to demonstrate that the farm satisfies the criteria for a qualified exemption as prescribed by R3-10-405;

4. Failure to apply for the exemption on a form issued by the Associate Director;

5. Failure to receive approval for the exemption; or

6. Failure to maintain and demonstrate compliance with the requirements pursuant to A.R.S. § 3-525.03 and administrative rules adopted pursuant to A.R.S. § 3-525.08.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1704 Change in Eligibility

If a farm's eligibility for a qualified exemption changes, or if its qualified exemption is withdrawn by either the Department, pursuant to A.R.S. § 3-525.03 or by the FDA as outlined in 21 CFR 112(R), the farm will be considered "covered" and will be subject to all requirements of 21 CFR 112 and Articles 2 through 17 of this Chapter.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1705 Withdrawal of Qualified Exemption; Department; Orders

The Director shall issue an order to withdraw the exemption to the owner, operator, or agent in charge of the farm. The order shall:

1. Be in writing, signed and dated by the Director;

2. Include specific information related to the reason for the withdrawal;

3. Outline requirements regarding compliance with the order; and

4. Outline opportunities for appeal.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1706 Administrative Hearing Procedures; Appeals

The owner, operator, or agent in charge of a farm that receives an order to withdraw a qualified exemption applicable to that farm shall either comply with the requirements of the order or appeal the order pursuant to Arizona administrative hearing procedures outlined in A.R.S. Title 41, Chapter 6, Article 10.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Ariz. Admin. Code § R3-10-1707 Qualified Exemption; Reinstatement

If the Director determines that a farm has adequately resolved any problems or conditions that resulted in withdrawal of the exemption, and that continued withdrawal of the exemption is not necessary to protect the public health or prevent or mitigate a food borne illness or outbreak, the Director may, on the Director's own initiative or at the request of the farm, reinstate the qualified exemption.

History

• Adopted by final exempt rulemaking at 26 A.A.R. 682, effective 8/20/2019.

Chapter 11 Veterinary Medical Examining Board

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R3-11-101 Definitions

A.The definitions in A.R.S. §§ 32-2201, 32-2216(B), 32-2231(D), 32-2232(23), and 32-2281(E) apply to this Chapter.

B. Additionally, in this Chapter, unless otherwise specified:

1. "Administrative completeness review" means the Board's process for determining that an individual has provided all of the information and documents required by A.R.S. §§ 32-2201 through 32-2296 and this Chapter for an application.

1. 2. No change

3. "Applicant" means an individual requesting a certificate, permit, license, or continuing education approval from the Board.

4. "Application packet" means the fees, forms, documents, and additional information the Board requires to be submitted by an applicant or on the applicant's behalf.

2. 5. "Compartment" means an enclosure provided to contain an animal.

3. 6. No change

a. No change

b. No change

4. "Controlled substance" means the same as the definition in A.R.S. § 32-2201 .

5. 7. "Credit hour" means one clock hour of participation in continuing education.

6. 8. No change

9. "Days" means calendar days.

7. 10. No change

a. Pertaining to veterinary technicians, the written or oral instructions of a veterinarian responsible for an animal; or

b. No change

8. 11. "Disciplinary action" means a proceeding brought by the Board under A.R.S. Title 32, Chapter 21 or this Chapter.

9. "Dispense" means the same as the definition in A.R.S. § 32-2281(E) .

10.12. No change

11.13. No change

12. 14. No change

13. 15. "Livestock" means livestock and ratites as defined in A.R.S. §§ 3-1201(5) and (10).

14. 16. No change

15. 17. No change

16. 18. No change

17. 19. "Over-the-counter drug" means the same as prescribed in A.R.S. § 32-1901.

18. 20. "Party" means the same as prescribed in A.R.S. § 41-1001.

19. 21. No change

20. 22. No change

21. 23. "Physical plant" means a building or an area within a building housing a licensed veterinary medical premise, including the architectural, structural, mechanical, electrical, plumbing, and fire protection elements of the building.

22. 24. "Prescription-only drug" means the same as prescribed in A.R.S. § 32-1901.

23. 25. No change

24. "Responsible veterinarian" means the same as in A.R.S. § 32-2201 .

25. 26. No change

26. 27. No change

27. 28. No change

28. "Veterinary assistant" means an individual who is not a veterinary technician but was employed by a veterinarian to work under the supervision of the veterinarian for at least two years as set out in A.R.S. § 32-2242(B)(2) .

29. "Veterinary medical premise" means a physical plant licensed by the Board on which veterinary medical services will be performed.

"Veterinary medical services" means the acts listed in A.R.S. § 32-2201(27).

History

• Former Rule 2; Former Section R3-11-02 repealed, new Section R3-11-02 adopted effective March 23, 1979 (Supp. 79-2). Former Section R3-11-02 renumbered as Section R3-11-102 and amended by adding subsections (C) and (D) effective February 24, 1988 (Supp. 88-1). Former Section R3-11-101 renumbered to R3-11-102, new Section R3-11-101 renumbered from R3-11-102 and amended effective August 31, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 11 A.A.R. 5455, effective February 4, 2005 (Supp. 05-4). Amended by final rulemaking at 12 A.A.R. 4070, effective December 4, 2006 (Supp. 06-4). Amended by final rulemaking at 14 A.A.R. 3596, effective November 8, 2008 (Supp. 08-3). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-102 Board Meetings

The Board shall:

Hold its annual meeting in June of each year;

2. Make the date, time, and place of its annual meeting available to the public at least 20 days before the date of the annual meeting; and

3. Post notice of a special meeting on its web site and bulletin board at least 24 hours before the special meeting.

History

• Former Rule 1; Former Section R3-11-01 repealed, new Section R3-11-01 adopted effective March 23, 1979 (Supp. 79-2). Former Section R3-11-01 renumbered without change as Section R3-11-101 effective February 24, 1988 (Supp. 88-1). Former Section R3-11-102 renumbered to R3-11-101, new Section R3-11-102 renumbered from R3-11-101 and amended effective August 31, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 11 A.A.R. 5455, effective February 4, 2005 (Supp. 05-4). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-103 Evaluating Board Services

A. According to A.R.S. § 32-2218, a license issued under the provisions of A.R.S. § 32-2201 et seq. expires on December 31 of every even-numbered year unless renewed.

B. A licensee shall meet the continuing education requirements of Article 4 of these rules as a condition of renewal of a license.

C. No later than February 1 of every odd-numbered year, a licensee shall submit to the Board:

1. A renewal form, provided by the Board, that is signed and dated by the licensee and contains:

a. The licensee's name, residence, mailing and veterinary practice addresses, name of veterinary practice, and telephone numbers for residence and veterinary practice;

b. A statement of whether the licensee is licensed to practice veterinary medicine in any other state of the United States, and if so, the name of the state, license number, license issuance date, and status of the license;

c. A statement of whether a complaint has been filed during the two-year period preceding the renewal date against the licensee with a veterinary regulatory authority in another state, and if so, the date of the complaint, description of the complaint, and resolution of the complaint;

d. A statement of whether the licensee is currently under investigation by a veterinary regulatory authority in another state, and if so, the name of the state, license number, and status of the investigation;

e. A statement of whether, within the two-year period preceding the renewal date, any disciplinary action has been taken against the licensee's veterinary license in another state including:

i. The name of the state;

ii. The license number;

iii. The reason for the disciplinary action;

iv. Whether the disciplinary action is currently pending; and

v. Whether the license has been suspended, revoked, or placed on probation;

f. A statement of whether, within the two-year period preceding the renewal date, the licensee has been charged with a felony or any misdemeanor involving conduct that may affect patient health and safety including:

i. The charged felony or misdemeanor;

ii. The city, county, and state where the felony or misdemeanor took place;

iii. The court having jurisdiction over the felony or misdemeanor;

iv. Whether the charges were dismissed;

v. If applicable, the date of the conviction;

vi. Whether the conviction was set aside;

vii. Notice of expungement, if applicable;

viii. Notice of restoration of civil rights, if applicable; and

ix. Probation officer's name, address, and telephone number, if applicable;

g. A statement that the licensee has met the continuing education requirements in Article 4; and

h. A statement by the licensee that the information contained on the renewal application is true and correct.

2. The renewal fee required by the Board; and

3. A list of continuing education completed by the licensee that meets the requirements in Article 4 of these rules.

D. If a licensee fails to submit a license renewal form, renewal fee, or list of continuing education by February 1 of every odd-numbered year, the licensee shall immediately stop engaging in the practice of veterinary medicine until the licensee complies with the requirements in A.R.S. § 32-2218 and these rules.

E. Continued veterinary practice by a licensee who fails to comply with continuing education requirements or fails to submit a renewal application or fee shall constitute "probable cause" of criminal violations of A.R.S. § 32-2238(A)(4) for purposes of referral to the County Attorney's Office or the Office of the Attorney General for criminal prosecution, injunctive relief, or any other action provided by law.

Under A.R.S. § 32-2207(8)(c), a member of the public may evaluate the services provided by the Board by:

1. Submitting an evaluation form provided by the Board at the time services are provided,

2. Submitting comments through the Board's web site,

3. Submitting a letter to the Board, and

4. Attending and speaking at a Board meeting.

History

• Former Rule 3; Former Section R3-11-03 repealed, new Section R3-11-03 adopted effective March 23, 1979 (Supp. 79-2). Former Section R3-11-03 repealed, new Section R3-11-03 adopted effective November 18, 1982 (Supp. 82-6). Former Section R3-11-03 renumbered without change as Section R3-11-103 effective February 24, 1988 (Supp. 88-1). Amended effective August 31, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 14 A.A.R. 3596, effective November 8, 2008 (Supp. 08-3). New Section made by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-104 Premise License

The veterinary medical premise license shall be maintained in the premise for which it is issued.

History

• Adopted effective April 26, 1984 (Supp. 84-2). Former Section R3-11-04 amended and renumbered as Section R3-11-104 effective February 24, 1988 (Supp. 88-1).
• The following Section was amended under an exemption from A.R.S. Title 41, Chapter 6 which means that the Department did not submit notice of this rulemaking to the Secretary of State's Office for publication in the Arizona Administrative Register; the Department did not submit these rules to the Governor's Regulatory Review Council for review; the Department was not required to hold public hearings on these rules; and the Attorney General has not certified these rules. These rules were subsequently amended under the regular rulemaking process.

Ariz. Admin. Code § R3-11-107 Residence and Veterinary Practice Addresses

A.Within 20 days after the issuance of a license or certificate, a licensee or certificate holder shall provide written notice to the Board of all residence and veterinary practice addresses.

B.A licensee or certificate holder shall provide written notice to the Board within 20 days after a change of residence or veterinary practice address.

History

• Section R3-11-07 adopted and renumbered as Section R3-11-107 effective February 24, 1988 (Supp. 88-1). Amended effective August 31, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 14 A.A.R. 3596, effective November 8, 2008 (Supp. 08-3). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-108 Time-frames for Licensure, Certification, Permit, and Continuing Education Approvals

A. In addition to the definitions in R3-11-101, the following definitions apply to this Chapter unless otherwise specified:

1. "Administrative completeness review" means the Board's process for determining that an individual has provided all of the information and documents required by A.R.S. §§ 32-2201 through 32-2296 and this Chapter for an application.

2. "Applicant" means an individual requesting a certificate, permit, license, or continuing education approval from the Board.

3. "Application packet" means the fees, forms, documents, and additional information the Board requires to be submitted by an applicant or on the applicant's behalf.

4. "Days" means calendar days.

B. A.The overall time-frame described in A.R.S. § 41-1072(2) for each type of approval granted by the Board is set forth in Table 1. The applicant and the Executive Director of the Board may agree in writing to extend the overall time-frame. The overall time-frame and the substantive time-frame may not be extended by more than 25% of the overall time-frame.

C. B.The administrative completeness review time-frame described in A.R.S. § 41-1072(1) for each type of approval granted by the Board is set forth in Table 1.

1. The administrative completeness review time-frame begins:

a. For approval to take a state veterinary examination, the North American Veterinary Licensing Examination, a national veterinary technician examination, or an Arizona veterinary technician examination, when the Board receives an application packet;

b. a. For approval or denial of a temporary permit, when the Board receives the written request for a temporary permit required under R3-11-301(A)(4);

c. b. For approval or denial of a veterinary medical license, when the Board receives the application packet required under R3-11-201(A);

d. c. For approval or denial of a veterinary technician certificate, when the Board receives the application packet required under R3-11-606(A);

e. d. For approval or denial of a veterinary medical premises license, when the Board receives the application packet required under R3-11-707;

f. e. For approval or denial of continuing education, when the Board receives the written request required under R3-11-402(B);

f. For approval or denial of a waiver of the continuing education requirement, when the Board receives the written request required under R3-11-405(A);

g. For approval or denial of an animal crematory license, when the Board receives the application packet required under R3-11-1002(B); and

h. For approval or denial of a license or certificate renewal, when the Board receives a renewal application.

2. If an application packet or request submitted under subsection (B)(1) is incomplete, the Board shall send the applicant a written notice specifying the missing document or incomplete information. The administrative completeness review time-frame and the overall time-frame are suspended from the postmark date of the notice until the date the Board receives a complete application packet or request from the applicant.

3. If an application packet or request is complete, the Board shall send a written notice of administrative completeness to the applicant.

4. If the Board grants a license or approval during the time provided to assess administrative completeness, the Board shall not issue a separate written notice of administrative completeness.

D. C.The substantive review time-frame described in A.R.S. § 41-1072(3) is set forth in Table 1 and begins on the postmark date of the notice of administrative completeness.

1. During the substantive review time-frame, the Board may make one comprehensive written request for additional information or documentation. The time-frame for the Board to complete the substantive review is suspended from the postmark date of the comprehensive written request for additional information or documentation until the Board receives the additional information or documentation.

2. The Board shall send a written notice granting a license or other approval to an applicant who meets the qualifications and requirements in A.R.S. § 32-2201 through § 32-2296 and this Chapter.

3. The Board shall send a written notice of denial to an applicant who fails to meet the qualifications in A.R.S. § 32-2201 through § 32-2296 or this Chapter.

E. D.The Board shall consider an application withdrawn if, within 360 days from the date on which the materials required under subsection (B)(1) are submitted, the applicant fails to

1. supply the missing information under subsection (B)(2) or (C)(1).

2. Take the state, veterinary examination, the North American Veterinary Licensing Examination, a national veterinary technician examination, or the Arizona Veterinary Technician Examination.

F. E.An applicant who does not wish an application withdrawn under subsection (D) may request a denial in writing within 360 days from the application submission date.

G. F.If a time-frame's last day falls on a Saturday, Sunday, or an official state holiday, the next business day will be considered the time-frame's last day.

History

• Adopted effective December 11, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 11 A.A.R. 5455, effective February 4, 2005 (Supp. 05-4). Amended by final rulemaking at 12 A.A.R. 4070, effective December 4, 2006 (Supp. 06-4). Amended by final rulemaking at 14 A.A.R. 3596, effective November 8, 2008 (Supp. 08-3). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-109 Arizona Ombudsman-citizens' Aide

The Board shall notify the public about the existence of the Arizona Ombudsman-Citizens' Aide by providing the ombudsman-citizens' aide's name, address, and telephone number on the Board's web site.

History

• New Section adopted by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 11 A.A.R. 5455, effective February 4, 2005 (Supp. 05-4). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Article 2 APPLICATION AND EXAMINATION FOR LICENSURE

Ariz. Admin. Code § R3-11-201 Application for a Veterinary Medical License

A.An applicant for a veterinary medical license shall submit an application packet to the Board that contains:

1. A notarized application form signed by the applicant that contains the information set forth in A.R.S. § 32-2213;

2. The documents required under R3-11-203; and

3. The applicable fees, payable by certified check or money order:

a. If applying for a regular license, the applicant shall submit the application fee required in R3-11-105.

b. If applying for a license by endorsement under A.R.S. § 32-2215(C) or a specialty license under A.R.S. § 32-2215(D), the applicant shall submit the application and license issuance fees required under R3-11-105.

B.

C. If an applicant has passed the North American Veterinary Licensing Examination and is required to take only the state examination, the applicant shall submit the application packet required under subsection (A) no later than 30 days before the date the applicant intends to take the state examination.

D. C.If an applicant is required to take the North American Veterinary Licensing Examination, the applicant shall apply directly to the National Board of Veterinary Medical Examiners.

History

• Adopted effective March 23, 1979 (Supp. 79-2). Former Section R3-11-20 renumbered without change as Section R3-11-201 effective February 24, 1988 (Supp. 88-1). Amended effective August 31, 1995 (Supp. 95-3). Section repealed; new Section adopted effective December 11, 1998 (Supp. 98-4). Amended by final rulemaking at 11 A.A.R. 5455, effective February 4, 2005 (Supp. 05-4). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-202 [REPEALED]

History

• Adopted effective March 23, 1979 (Supp. 79-2). Former Section R3-11-21 amended and renumbered as Section R3-11-202 effective February 24, 1988 (Supp. 88-1). Amended effective August 31, 1995 (Supp. 95-3). Section repealed by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3).

Ariz. Admin. Code § R3-11-203 Documents Required with a License Application

A.An applicant who is a veterinary student at the time of application shall submit with the application packet required under R3-11-201(A) a letter from the office of the dean of the veterinary college stating that the applicant is expected to graduate within 45 days following the next administration of the examination required under A.R.S. § 32-2214(C).

B.An applicant who is not a veterinary student at the time of application shall cause a transcript verifying receipt of the degree of doctor of veterinary medicine to be mailed from the college directly to the Board.

B. C.At the time of application, an applicant shall cause letters of character reference to be sent directly to the Board by three persons who are not related to the applicant and who have known the applicant for at least three years.

C. D.At the time of application, an applicant who has experience in the field of veterinary medicine as a practicing veterinarian or as an employee of a licensed veterinarian shall cause a letter from a veterinarian indicating the professional qualifications and character of the applicant to be sent directly to the Board.

D. E. An applicant who has been or is at the time of application a licensed veterinarian in another state shall cause each state board that has licensed the applicant to send directly to the Board a letter indicating the applicant's standing, including whether the applicant is currently under investigation or ever has been disciplined for violation of a veterinary medical practice act.

E. F. Unless waived under A.R.S. § 32-2215(C) or (D), an applicant who has successfully passed the North American Veterinary Licensing Examination within five years before making application shall request that a transcript of the scores be forwarded to the Board directly by the organization responsible for score reporting or the professional examination service.

F. G.At the time of application, an applicant shall submit to the Board a passport-type photograph of the applicant no larger than 1 1/2 x 2 inches that was taken during the preceding six months.

G. H.At the time of application, an applicant shall submit to the Board a typewritten letter or current resume summarizing the applicant's experience and qualifications.

I.As required under A.R.S. § 41-1080(A), at the time of application, an applicant shall submit to the Board the specified documentation of citizenship or alien status indicating the applicant's presence in the U.S. is authorized under federal law.

History

• Adopted effective August 31, 1995 (Supp. 95-3). Amended by final rulemaking at 11 A.A.R. 5455, effective February 4, 2005 (Supp. 05-4). Amended by final rulemaking at 14 A.A.R. 3596, effective November 8, 2008 (Supp. 08-3). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-204 Renewal of Veterinary License

A.According to A.R.S. § 32-2218, a license issued under A.R.S. Title 32, Chapter 21 expires on December 31 of every even-numbered year unless renewed.

B.A licensee shall meet the continuing education requirements of Article 4 of this Chapter as a condition of renewal of a license.

C.No later than February 1 of every odd-numbered year, a licensee shall submit to the Board in writing or through the Board's online renewal process:

1. A renewal application, provided by the Board, that is signed and dated by the licensee and contains:

a. No change

b. No change

c. A statement of whether a complaint has been filed during the two-year period preceding the renewal date against the licensee with a veterinary regulatory authority in another state, and if so, the name of the state, and the date, description, and resolution of the complaint;

d. A statement of whether the licensee is currently under investigation by a veterinary regulatory authority in another state, and if so, the name of the state, license number, and the nature and status of the investigation;

e. No change

i. No change

ii. No change

iii. No change

iv. No change

v. No change

f. No change

i. No change

ii. No change

iii. No change

iv. No change

v. No change

vi. No change

vii. No change

viii. No change

ix. No change

g. A statement that the licensee has met the continuing education requirements in Article 4 of this Chapter; and

h. A statement by the licensee that the information contained on the renewal application is true and correct ;

2. The renewal fee required by the Board;

3. If the documentation previously submitted under R3-11-203(I) was a limited form of work authorization issued by the federal government, evidence that the work authorization has not expired; and

4. 4. A list of continuing education completed by the licensee that meets the requirements in Article 4 of this Chapter.

D.If a licensee fails to submit the materials required under subsection (C) by February 1 of every odd-numbered year, the licensee shall immediately stop engaging in the practice of veterinary medicine until the licensee complies with the requirements in A.R.S. § 32-2218 and this Chapter.

E.Continued veterinary practice by an individual who fails to comply with subsection (C) constitutes "probable cause" of criminal violation of A.R.S. § 32-2238(A)(4) for purposes of referral to the County Attorney's Office or the Office of the Attorney General for criminal prosecution, injunctive relief, or any other action provided by law.

History

• Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Article 3 TEMPORARY PERMITTEES

Ariz. Admin. Code § R3-11-301 Application for a Temporary Permit

A.An applicant for a temporary permit shall:

1. Submit to the Board the application form required under R3-11-201(A)(1) and the documents required under R3-11-203;

2. Submit to the Board both the application and examination fee and temporary permit fee, payable by certified check or money order, required under R3-11-105;

3. Schedule with the Board a date to take the state examination ;

4. After complying with subsections (A)(1) through (3), submit all of the following to the Board:

a. A written request for a temporary permit, signed by the applicant, that states:

i. The name and business address of the licensed veterinarian who will employ the applicant; and

ii. The name of each licensed veterinarian who will provide direct and personal instruction, control, or supervision of the applicant;

b. Written documentation of graduation from a veterinary college; and

c. A sworn affidavit, signed by the applicant, stating the applicant:

i. Has graduated from a veterinary college;

ii. Has read and understands A.R.S. § 32-2216 and this Section;

iii. Agrees to work under the direct and personal instruction, control, or supervision of the licensed veterinarian employing the applicant; and

iv. Agrees to notify the Board in writing within 10 days from the date of termination of employment.

B.A licensed veterinarian employing an applicant for a temporary permit shall submit to the Board:

1. A letter detailing:

a. The type of work to be conducted by the applicant;

b. The name of each licensed veterinarian who will assume direct and personal instruction, control, or supervision when the employing veterinarian is absent; and

c. The procedures, including frequency, for reviewing medical treatment and records of medical treatment of animals;

2. A sworn affidavit, signed by the veterinarian, stating the veterinarian:

a. Is currently practicing veterinary medicine in Arizona;

b. Has read and understands A.R.S. § 32-2216 and this Section;

c. Accepts full responsibility for providing direct and personal instruction, control, or supervision to the applicant; and

d. Agrees to notify the Board in writing within 10 days from the date of termination of applicant's employment.

History

• Adopted effective March 23, 1979 (Supp. 79-2). Former Section R3-11-30 renumbered without change as Section R3-11-301 effective February 24, 1988 (Supp. 88-1). Amended effective August 31, 1995 (Supp. 95-3). Section repealed; new Section adopted effective December 11, 1998 (Supp. 98-4). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-302 [REPEALED]

History

• Adopted effective March 23, 1979 (Supp. 79-2). Former Section R3-11-31 renumbered without change as Section R3-11-302 effective February 24, 1988 (Supp. 88-1). Amended effective August 31, 1995 (Supp. 95-3).Adopted effective December 11, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Repealed by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-303 [REPEALED]

History

• Adopted effective March 23, 1979 (Supp. 79-2). Former Section R3-11-32 renumbered without change as Section R3-11-303 effective February 24, 1988 (Supp. 88-1).Adopted effective December 11, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Repealed by final rulemaking at 14 A.A.R. 3596, effective November 8, 2008 (Supp. 08-3).

Ariz. Admin. Code § R3-11-304 Extension of Temporary Permits

A.The Board shall extend a temporary permit as allowed by A.R.S. § 32-2216(B), only if the temporary permittee submits to the Board evidence of good and sufficient reason for failing to take the scheduled state examination and evidence that the temporary permittee is scheduled to take the next state examination following issuance of the extension.

B.As provided under A.R.S. § 32-2216(B), the Board shall not extend a temporary permit a second time.

History

• Adopted effective March 23, 1979 (Supp. 79-2). Former Section R3-11-33 renumbered without change as Section R3-11-304 effective February 24, 1988 (Supp. 88-1). Amended by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 11 A.A.R. 5455, effective February 4, 2005 (Supp. 05-4). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-305 "Good and Sufficient Reason" for Failure to Take a State Examination

For purposes of A.R.S. § 32-2216(B), the Board shall consider the following in determining whether "good and sufficient reason" exists for failure to take a state examination:

1. Illness or disability,

2. Military service, or

3. Any other circumstance demonstrated by the temporary permittee to be beyond the temporary permittee's control.

History

• Adopted effective March 23, 1979 (Supp. 79-2). Former Section R3-11-34 renumbered without change as Section R3-11-305 effective February 24, 1988 (Supp. 88-1). Amended effective August 31, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3).

Article 4 CONTINUING EDUCATION REQUIREMENTS

Ariz. Admin. Code § R3-11-401 Continuing Education

A. Except as provided in subsection (B), during the two-year period preceding license expiration, a licensee shall complete 20 credit hours of Board-approved continuing education, subject to the following:

1. A maximum of two credit hours in practice management;

2. One credit hour for each hour of attendance at a veterinary college seminar;

3. One credit hour for each hour of attendance at a scientific meeting related to veterinary medicine;

4. One credit hour, to a maximum of five, for:

a. Each hour spent developing or making a presentation related to veterinary medicine,

b. Each hour of study using tapes or CDs, and

c. Each hour spent reading articles in veterinary journals or periodicals pertaining to veterinary medicine or controlled substances; and

5. One credit hour for each hour of continuing education obtained at an interactive program, including an interactive program on the internet.

B.A licensee receiving an initial license in an even-numbered year shall complete 10 credit hours of continuing education before the licensee's initial renewal date.

1. C.If a licensee graduated from a veterinary college within 11 months before the license application date, the licensee may apply 10 credit hours of veterinary college course work to fulfill the continuing education requirement at the time of first renewal.

2. After the initial renewal the licensee shall complete 20 credit hours of continuing education as required under subsection (A).

C. D. Except as provided in subsection (E), during the two-year period preceding certificate expiration, a certificate holder shall complete 10 credit hours of Board-approved continuing education, subject to the following:

1. One credit hour for each hour of attendance at a veterinary college seminar;

2. One credit hour for each hour of attendance at a class at a veterinary technology school;

3. One credit hour for each hour of attendance at a scientific meeting related to the work of a veterinary technician;

4. One credit hour, to a maximum of two and one-half, for:

a. Each hour spent developing or making a presentation related to the work of a veterinary technician;

b. Each hour of study using tapes or CDs; and

c. Each hour spent reading articles in veterinary journals or periodicals pertaining to veterinary medicine or controlled substances; and

5. One credit hour for each hour of continuing education obtained at an interactive program, including an interactive program on the internet.

D. E.A certificate holder receiving an initial certificate in an even-numbered year shall complete five credit hours of continuing education before the certificate holder's first renewal date.

History

• Adopted effective March 23, 1979 (Supp. 79-2). Former Section R3-11-40 repealed, new Section R3-11-40 adopted effective November 18, 1982 (Supp. 82-6). Former Section R3-11-40 renumbered as Section R3-11-401 and subsection (A) amended effective February 24, 1988 (Supp. 88-1). Amended by final rulemaking at 11 A.A.R. 5455, effective February 4, 2005 (Supp. 05-4). Amended by final rulemaking at 12 A.A.R. 4070, effective December 4, 2006 (Supp. 06-4). Amended by final rulemaking at 14 A.A.R. 3596, effective November 8, 2008 (Supp. 08-3). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-402 Approval of Continuing Education

A.The following continuing education is approved by the Board:

1. For a veterinarian:

a. Continuing education taught in or under the authority of a veterinary college;

b. Continuing education sponsored by the Arizona Veterinary Medical Association, American Association of Veterinary State Boards, a state or national veterinary association or academy approved by the Board, or continuing education approved according to subsections (B) and (C); or

c. Continuing education approved by RACE;

2. For a veterinary technician:

a. Continuing education taught in or under the authority of a veterinary technician school or school of veterinary medicine;

b. Continuing education sponsored by the Arizona Veterinary Medical Association or American Association of Veterinary States Boards or approved by RACE;

c. Continuing education approved by the Board that is sponsored by a state or national veterinary technician association or academy;

d. Continuing education approved by RACE of the American Association of Veterinary State Boards; or

e. Continuing education approved according to subsections (B) and (C).

B.In addition to the continuing education approved according to subsection (A), a person who provides continuing education may request pre-approval of continuing education by submitting to the Board at least 60 calendar days before the continuing education takes place, a written request that includes:

1. A description of the continuing education;

2. The date, time, and place where the continuing education will take place;

3. The number of credit hours of the continuing education;

4. The name of each individual providing the continuing education, if available; and

5. The name of the organization providing the continuing education, if applicable.

C.In determining whether to approve a request for pre-approval submitted according to subsection (B), the Board shall consider whether the continuing education:

Is designed to provide instruction or knowledge in current developments, skills, and procedures related to veterinary medicine or work of a certificate holder;

2. Is developed and provided by an individual with knowledge and experience in the subject area; and

3. Contributes directly to the professional competence of the licensee or certificate holder.

D.The Board shall approve or deny a request for pre-approval according to the time-frames set forth in Table 1.

History

• Adopted effective March 23, 1979 (Supp. 79-2). Former Section R3-11-41 renumbered without change as Section R3-11-402 effective February 24, 1988 (Supp. 88-1). Amended by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 11 A.A.R. 5455, effective February 4, 2005 (Supp. 05-4). Amended by final rulemaking at 14 A.A.R. 3596, effective November 8, 2008 (Supp. 08-3). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-403 Documentation of Attendance

A licensee or certificate holder shall submit a written document of continuing education with a renewal application that includes:

1. The name of the licensee or certificate holder;

2. The title of each continuing education ;

The date of completion of each continuing education ;

4. The number of credit hours of each continuing education ;

5. A statement, signed and dated by the licensee or certificate holder, verifying the information in the document; and

6. If the continuing education was obtained on the internet, a copy of a document issued by the provider of the continuing education that states the number of hours obtained.

History

• Adopted effective March 23, 1979 (Supp. 79-2). Former Section R3-11-42 repealed, new Section R3-11-42 adopted effective November 18, 1982 (Supp. 82-6). Former Section R3-11-42 renumbered without change as Section R3-11-403 effective February 24, 1988 (Supp. 88-1). Amended effective August 31, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 11 A.A.R. 5455, effective February 4, 2005 (Supp. 05-4). Amended by final rulemaking at 14 A.A.R. 3596, effective November 8, 2008 (Supp. 08-3). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-404 [REPEALED]

History

• Adopted effective March 23, 1979 (Supp. 79-2). Former Section R3-11-43 renumbered without change as Section R3-11-404 effective February 24, 1988 (Supp. 88-1). Section repealed by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3).

Ariz. Admin. Code § R3-11-405 Waiver

A.A licensee or certificate holder seeking a waiver from the continuing education requirements in this Article shall submit a written request to the Board by December 10th before the license or certificate expires that contains the licensee's or certificate holder's name and an explanation of the reason for the request.

B.The Board shall consider the following in determining whether to grant a waiver from the continuing education requirements in this Article:

Illness or disability,

2. Military service or absence from the United States, or

3. Any other circumstance demonstrated by the licensee or certificate holder to be beyond the licensee's or certificate holder's control.

History

• Adopted effective March 23, 1979 (Supp. 79-2). Amended effective November 18, 1982 (Supp. 82-6). Former Section R3-11-44 renumbered without change as Section R3-11-405 effective February 24, 1988 (Supp. 88-1). Amended by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Article 5 STANDARDS OF PRACTICE

Ariz. Admin. Code § R3-11-501 Ethical Standards

Under A.R.S. § 32-2232(12), a veterinarian practicing under a license or permit shall practice according to the following standards of professional ethics, which are based on the Principles of Veterinary Medical Ethics of the American Veterinary Medical Association.. The breach of any of the following standards constitutes grounds for disciplinary action against a veterinary license or permit under A.R.S. §§ 32-2233 and 32-2234.

1. A veterinarian shall show respect for the veterinarian's colleagues, the owner of an animal to whom veterinary medical services are being provided, and the public through courteous verbal or written interchange, considerate treatment, professional appearance, professionally acceptable procedures, and use of current professional and scientific knowledge.

2. A veterinarian shall not slander or injure the professional standing or reputation of another member of the profession or condemn the character of that individual's professional acts in a false or misleading manner.

3. A veterinarian shall offer or seek a consultation or a referral whenever it appears that the quality of veterinary medical service provided by the veterinarian will be enhanced.

4. When a veterinarian agrees to provide veterinary medical services to an animal, the veterinarian shall comply with the standards of practice in R3-11-502 regardless of the fees charged.

A Responsible Veterinarian employed by a partnership, corporation, or individual that is not licensed by the Board shall ensure that the veterinary judgment and responsibility of each veterinarian employed by the partnership, corporation, or individual is neither influenced nor controlled by the partnership, corporation, or individual to the detriment of an animal.

6. A veterinarian shall ensure that emergency services are consistent with A.R.S. § 32-2201 through § 32-2296, this Chapter, and the needs and standards of the locality where the emergency medical services are provided.

7. A veterinarian is free to choose whom the veterinarian will serve within the limits of the law. A veterinarian who agrees to provide veterinary medical services to an animal is responsible for the welfare of the animal until the animal is released, referred, or discharged by the veterinarian or the veterinarian is dismissed by the animal owner.

8. A veterinarian shall provide records or copies of records of veterinary medical services, including copies of radiographs, to an animal owner or another licensed veterinarian currently providing veterinary medical services within 10 days from the date of the animal owner's or other licensed veterinarian's request, or in less than 10 days if the animal's medical condition requires.

9. A veterinarian shall not make a false statement on or alter any document, record, or report concerning treatment of an animal.

History

• Adopted effective March 23, 1979 (Supp. 79-2). Amended effective November 18, 1982 (Supp. 82-6). Former Section R3-11-50 renumbered without change as Section R3-11-501 effective February 24, 1988 (Supp. 88-1). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 11 A.A.R. 5455, effective February 4, 2005 (Supp. 05-4). Amended by final rulemaking at 14 A.A.R. 3596, effective November 8, 2008 (Supp. 08-3). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-502 Standards of Practice

A.Before providing a veterinary medical service or housing an animal, a Responsible Veterinarian shall ensure that the animal owner is provided a written notice that states whether personnel will be present on the veterinary medical premises for 24-hour observation of the animal.

B.A Responsible Veterinarian shall ensure that a notice of where veterinary medical services may be obtained when the veterinary medical premises is not open for business:

1. Is placed on the voice mail of the veterinary medical premises; and

Contains the name, telephone number, and address of a veterinarian or veterinary medical premises that is available to provide veterinary medical services. Livestock veterinarians are exempt from providing an address.

C.Before providing a veterinary medical service, a veterinarian shall ensure that the animal owner or the animal owner's agent is provided an estimate of the cost for the veterinary medical service, except in the case of livestock.

D.When providing a veterinary medical service, a veterinarian shall ensure that no expired supplies are used.

E.Before a surgical patient or hospitalized animal is discharged, a veterinarian shall ensure that the animal owner is provided with instructions detailing care of the animal after discharge and documents in the medical record that verbal or written care instructions were provided.

F.Before euthanizing an animal for which the animal owner is known, a veterinarian shall obtain signed authorization from the animal owner or verbal authorization from the animal owner that is witnessed by one other individual and documented in the medical record.

G.For animals with a suspected or diagnosed contagious disease or illness, a veterinarian shall provide a separate isolation area that is not in close proximity to other animals and shall ensure that the ill animal does not come into contact with another animal or the other animal's compartment.

H.If general anesthesia is administered or surgery is performed on an animal by a veterinarian, the veterinarian shall ensure:

1. A prior signed authorization is obtained from the animal owner if the animal owner is known or verbal authorization that is witnessed by one other individual and documented in the medical record is obtained from the known animal owner. This provision does not apply to livestock;

2. Within six hours before anesthesia is administered or surgery is performed, the animal is examined and the animal's temperature, heart rate, respiratory rate, diagnosis, and general condition are recorded in the animal's medical record except for species or in situations that make the examination impractical or potentially detrimental to the animal or examiner;

3. The animal's heart rate and respiratory rate are recorded in the animal's medical record immediately after giving the animal a general anesthetic and monitored and recorded a minimum of every 15 minutes while anesthesia is being administered except for species or in situations that make the examination impractical or potentially detrimental to the animal or examiner;

4. After the animal is given a general anesthetic, the animal is continuously observed by personnel until the animal is extubated and able to swallow; and

5. The following information is recorded in a written anesthesia log, which is separate from both the controlled drug log maintained under subsection (K) and medical record of each animal maintained under subsection (L) and is maintained on the veterinary medical premises for three years from the date the anesthesia is administered:

a. The animal's name and species,

b. The name of the animal owner,

c. The date of administration of the anesthesia,

d. The recovery status of the animal, and

e. The name of the veterinarian.

I.A veterinarian shall follow manufacturer's label requirements for the storage and handling of biologics, veterinary supplies, and veterinary medications.

J.A veterinarian who dispenses a prescription-only drug shall:

1. Comply with all federal and state laws, including A.A.C. Title 3, Chapter 11, Article 8, regarding the dispensing of a prescription-only drug; and

2. Ensure that a prescription-only drug or prescription-only device is destroyed or returned to the manufacturer or distributor no later than 30 days after its expiration date.

K.A veterinarian who dispenses or administers a controlled substance shall:

Comply with all federal and state laws including A.A.C. Title 3, Chapter 11, Article 8;

2. Maintain an inventory record on the veterinary medical premises for two years from the date of entry of each controlled substance purchased by the veterinarian that contains the:

a. Name of the controlled substance,

b. Strength of the controlled substance,

c. Date the controlled substance was received by the veterinarian,

d. Amount of the controlled substance received by the veterinarian,

e. Name of the distributor of the controlled substance, and

f. Invoice number; and

3. Maintain a dispensing or administration log on the veterinary medical premises, separate from the inventory record required under subsection (K)(2), for two years from the date of entry that contains for each controlled substance dispensed or administered the:

a. Name of the controlled substance,

b. Strength of the controlled substance,

c. Amount of the controlled substance,

d. Name of the animal to which dispensed or administered,

e. Name of the animal owner,

f. Date dispensed or administered,

g. Name of the veterinarian who dispensed or administered the controlled substance, and

h. Decremented amounts of the controlled substance quantifying the amount remaining.

L.Except as provided in subsection (N), a veterinarian shall maintain on the veterinary medical premises for three years after the last date an animal receives veterinary medical services a written medical record containing the:

1. Name, address, and telephone number of the animal owner;

2. Description of the animal's color and markings or a color photograph of the animal, and the sex, breed, weight, and age of the animal;

3. Date of veterinary medical services and date a written entry is made to the medical record, if the entry is made on a date other than when the veterinary medical services were provided;

4. Results of examination, including temperature, heart rate, respiratory rate, and general condition of the animal, except for livestock and species or in situations that make the examination impractical or potentially detrimental to the animal or examiner;

5. The animal's tentative or definitive diagnosis;

6. Treatment provided to the animal;

7. Name of each medication administered including:

a. Concentration, except when the medication is only offered in one size and strength;

b. Amount;

c. Frequency; and

d. Route of administration;

8. Name of each medication prescribed including concentration, amount, and frequency;

9. Name and result of each diagnostic and laboratory test conducted;

Signature or initials of each individual placing an entry in the medical record; and

11. Signature or initials of the veterinarian performing the veterinary medical services.

M.A veterinarian shall ensure that a radiograph of an animal is permanently labeled with the following information and maintained on the veterinary medical premises for three years from the last date an animal receives veterinary medical services:

1. The name of the animal owner,

2. The name of the animal,

3. The date the radiograph was taken,

4. The name of the veterinarian or veterinary medical premises, and

5. The anatomical orientation.

N.A veterinarian who administers a rabies vaccine to an animal on behalf of an animal control agency or animal shelter and provides no other veterinary medical service to the animal:

1. Is exempt from the requirements of subsection (L);

2. Shall generate a rabies vaccination record for each animal vaccinated that includes:

a. The name and address of the animal owner;

b. A description or color photograph of the animal that includes species, breed, sex, age, and color;

c. The date of vaccination;

d. The vaccine manufacturer's name;

e. The serial number of the vaccine used;

f. The date re-vaccination is due; and

g. The veterinarian's signature; and

3. Shall provide a copy of each rabies vaccination record to the veterinary medical premises, animal control agency, or animal shelter at which the rabies vaccination was provided. If a copy of the rabies vaccination record is provided to the veterinary medical premises, the veterinary medical premises shall maintain the record for at least three years from the date of vaccination.

O.In this Section, unless otherwise specified:

1. "Animal control agency" means a board, commission, department, office, or other administrative unit of federal or state government or of a political subdivision of the state that is responsible for controlling rabies in animals in a specific geographic area.

2. " Animal shelter" means a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit corporate organization devoted to the welfare, protection and humane treatment of animals. A.R.S. § 11-1022(H).

History

• Adopted effective February 24, 1988 (Supp. 88-1). Section R3-11-51 adopted and renumbered as Section R3-11-502 effective February 24, 1988 (Supp. 88-1). Amended effective August 31, 1995 (Supp. 95-3). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Section amended by final rulemaking at 11 A.A.R. 448, effective March 5, 2005 (05-1). Amended by final rulemaking at 11 A.A.R. 5455, effective February 4, 2005 (Supp. 05-4). Amended by final rulemaking at 12 A.A.R. 4070, effective December 4, 2006 (Supp. 06-4). Amended by final rulemaking at 14 A.A.R. 3596, effective November 8, 2008 (Supp. 08-3). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-503 [REPEALED]

History

• Adopted effective April 26, 1984 (Supp. 84-2). Former Section R3-11-52 renumbered as Section R3-11-503 and subsections (B) and (D) amended effective February 24, 1988 (Supp. 88-1). Section repealed by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3).

Article 6 VETERINARY TECHNICIANS

Ariz. Admin. Code § R3-11-601 [REPEALED]

History

• Adopted effective March 23, 1979 (Supp. 79-2). Former Section R3-11-60 renumbered without change as Section R3-11-601 effective February 24, 1988 (Supp. 88-1). Section repealed; new Section adopted effective December 11, 1998 (Supp. 98-4). Repealed by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-602 [REPEALED]

History

• Adopted effective March 23, 1979 (Supp. 79-2). Former Section R3-11-61 renumbered without change as Section R3-11-602 effective February 24, 1988 (Supp. 88-1). Repealed effective August 31, 1995 (Supp. 95-3).

Ariz. Admin. Code § R3-11-603 Examination Committee

The Board may appoint a committee of Arizona licensed veterinarians and certified veterinary technicians to assist the Board to prepare and administer examinations of applicants for veterinary technician certificates. An examination recommended by the examination committee is subject to the approval of the Board.

History

• Adopted effective February 12, 1980 (Supp. 80-1). Former Section R3-11-62 renumbered without change as Section R3-11-603 effective February 24, 1988 (Supp. 88-1). Amended by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3).
• The following Section was amended under an exemption from A.R.S. Title 41, Chapter 6 which means that the Department did not submit notice of this rulemaking to the Secretary of State's Office for publication in the Arizona Administrative Register; the Department did not submit these rules to the Governor's Regulatory Review Council for review; the Department was not required to hold public hearings on these rules; and the Attorney General has not certified these rules.

Ariz. Admin. Code § R3-11-604 Examinations

A.The Board shall hold a veterinary technician examination at least once a year. A minimum of 20 days before the examination, the Board shall send an applicant a written notice of the date, time, and place of the examination.

B.An applicant shall pass a national veterinary technician examination and an Arizona veterinary technician examination with a score of at least 70 percent on each examination before being certified by the Board.

C. An applicant with a passing score on either the national veterinary technician examination or the Arizona veterinary technician examination shall retake the examination if the applicant does not obtain certification within five years after the date of the examination.

D.An applicant who meets all the requirements in A.R.S. § 32-2242(D) is not required to retake the national veterinary technician examination. However, an applicant who meets all the requirements in A.R.S. § 32-2242(D) shall pass the Arizona veterinary technician examination within five years before obtaining certification.

History

• Adopted effective March 23, 1979 (Supp. 79-2). Amended effective November 18, 1982 (Supp. 82-6). Former Section R3-11-63 renumbered without change as Section R3-11-604 effective February 24, 1988 (Supp. 88-1). Amended effective August 31, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-605 Certified Veterinary Technician Services

A. Except as provided in subsection (B), a certified veterinary technician may perform the tasks delegated by a licensed veterinarian while under the direction, supervision, and control of the licensed veterinarian.

B. A certified veterinary technician shall not:

Perform surgery,

Diagnose,

3. Prescribe a medication, or

4. Provide a prognosis.

History

• Adopted effective March 23, 1979 (Supp. 79-2). Former Section R3-11-64 renumbered without change as Section R3-11-605 effective February 24, 1988 (Supp. 88-1). Amended effective August 31, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3).

Ariz. Admin. Code § R3-11-606 Application for a Veterinary Technician Certificate

A. Except as provided in subsection (B), an applicant for a veterinary technician certificate shall submit, at least 65 days before an examination date, an application packet to the Board that contains:

1. A notarized application form, signed by the applicant, containing:

a. The applicant's name, mailing address, residence and business telephone numbers, and Social Security number;

b. The name of the veterinarian currently employing applicant, if employed by a veterinarian;

c. The name and address of the veterinary premises where applicant is employed, if employed; and

d. A statement of whether application is being made on the basis of education or transfer from another state:

i. If application is based on education, the applicant shall submit written documentation of graduation from a school that meets the requirements in A.R.S. § 32-2242(B) with a curriculum in veterinary technology; or

ii. If application is based on transfer from another state, the applicant shall submit the information required in (d)(i) and proof required under A.R.S. § 32-2242(D);

2. If an applicant has passed a national veterinary technician examination, the applicant shall provide the date on which the applicant took the examination and arrange to have an official transcript of the applicant's scores from the national veterinary technician examination sent directly to the Board by the American Association of Veterinary State Boards;

3. An applicant who has been or is at the time of application certified or registered in another state as a veterinary technician shall cause each state board that has certified or registered the applicant to send directly to the Board a letter indicating the applicant's standing, including whether the applicant is currently under investigation or has ever been disciplined for violation of a veterinary technician or medical practice act;

4. As required under A.R.S. § 41-1080(A), an applicant shall submit to the Board the specified documentation of citizenship or alien status indicating the applicant's presence in the U.S. is authorized under federal law; and

4. 5. A certified check or money order for the application and examination fee required in R3-11-105.

B.A veterinary technician student who expects to graduate at least 30 days before an examination date shall submit to the Board, no later than 65 days before the examination date,

1. the application required under subsection (A) and

2. rather than the documentation required under subsection (A)(1)(d)(i), a letter from the dean of the school that indicates the applicant is in good standing and states the expected date of graduation.

C.A veterinary technician student who submits an application under subsection (B) shall submit to the Board the documentation required under subsection (A)(1)(d)(i) no later than 15 days following the date of graduation.

History

• Adopted effective December 11, 1998 (Supp. 98-4). Amended by final rulemaking at 11 A.A.R. 5455, effective February 4, 2005 (Supp. 05-4). Amended by final rulemaking at 14 A.A.R. 3596, effective November 8, 2008 (Supp. 08-3). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-607 Renewal of Veterinary Technician Certificate

A.No later than February 1 of every odd-numbered year, a certificate holder shall submit:

1. A signed and dated renewal application form, which is provided to the certificate holder by the Board, containing the following information:

a. The certificate holder's name, residence address, work address, and work telephone number ;

b. A statement of whether, within the two-year period preceding the renewal date, the certificate holder has been charged with a felony or any misdemeanor involving conduct that may affect patient health and safety including:

i. The charged felony or misdemeanor;

ii. The city, county, and state where the felony or misdemeanor took place;

iii. The court having jurisdiction over the felony or misdemeanor;

iv. Whether the charges were dismissed;

v. The date of the conviction;

vi. Whether the conviction was set aside;

vii. Notice of expungement, if applicable;

viii. Notice of restoration of civil rights, if applicable; and

ix. Probation officer's name, address, and telephone number, if applicable; and

c. A statement by the certificate holder that the information contained on the renewal form is true and correct.

2. The written documentation of continuing education required under R3-11-403;

3. If the documentation previously submitted under R3-11-606(A)(4) was a limited form of work authorization issued by the federal government, evidence that the work authorization has not expired; and

3. 4. The fee required by the Board under R3-11-105.

B.A certificate holder who fails to submit the certificate renewal fee and information required under subsection (A) before February 1 of every odd-numbered year:

1. Forfeits all privileges and rights extended by the certificate, and

Shall immediately cease performing veterinary technician services until the certificate holder:

a. Complies with the requirements of subsection (A), and

b. Pays the delinquency fee required under R3-11-105 in addition to the certificate renewal fee.

History

• Adopted effective November 18, 1982 (Supp. 82-6). Amended subsection (C) effective November 27, 1984 (Supp. 84-6). Former Section R3-11-66 renumbered without change as Section R3-11-607 effective February 24, 1988 (Supp. 88-1). Amended effective August 31, 1995 (Supp. 95-3). Section repealed; new Section adopted effective December 11, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 14 A.A.R. 3596, effective November 8, 2008 (Supp. 08-3). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Article 7 VETERINARY MEDICAL PREMISES AND EQUIPMENT

Ariz. Admin. Code § R3-11-701 General Veterinary Medical Premises Standards

A Responsible Veterinarian shall ensure that:

1. The physical plant of a veterinary medical premises conforms to state and local building and fire codes and local zoning requirements;

2. A veterinary medical premise's identification is visible to the public from the outside of its physical plant. The identification includes the hours of operation and shall be placed so that it is unobstructed from public view. If the hours of operation include hours after dusk, a means of illuminating the sign shall be provided and used during the hours of operation after dusk;

3. Floors, tables, countertops, sinks, and fixtures within the veterinary medical premises are made of nonporous materials that can be sanitized.

4. Water and a means of achieving water temperatures from 32°F to 212°F is provided on the veterinary medical premises;

5. Refrigerated storage space, large enough to contain all deceased animals except livestock, is provided on the veterinary medical premises, pending necropsy and disposal pick-up or, in the case of a mobile unit, if requested by the client, arrangements are made for disposal of the body, except livestock;

Storage space is provided on the veterinary medical premises for biohazardous medical waste pending disposal pickup;

7. If animals, other than livestock, will be housed on a veterinary medical premises, an individual compartment, equipped with a latch, for each animal housed on the veterinary medical premises is provided;

8. A sharps container is provided on the veterinary medical premises ; and

9. A working scale is provided at the veterinary medical premises for use with animals other than livestock.

History

• Adopted effective April 26, 1984 (Supp. 84-2). Former Section R3-11-70 renumbered without change as Section R3-11-701 effective February 24, 1988 (Supp. 88-1). Section repealed, new Section R3-11-701 renumbered from R3-11-702 and amended effective August 31, 1995 (Supp. 95-3). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 14 A.A.R. 3596, effective November 8, 2008 (Supp. 08-3). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-702 Equipment and Supplies

A Responsible Veterinarian shall ensure that equipment and supplies are available on the veterinary medical premises of an adequate number and type to provide the veterinary medical services that are offered at the veterinary medical premises.

History

• Section R3-11-71 adopted and renumbered as Section R3-11-702 effective February 24, 1988 (Supp. 88-1). Former Section R3-11-702 renumbered to R3-11-701, new Section R3-11-702 adopted effective August 31, 1995 (Supp. 95-3). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-703 Maintenance Standards for a Veterinary Medical Premises

A Responsible Veterinarian shall ensure that:

1. All exits, corridors, and passageways inside and outside the veterinary medical premises are unobstructed at all times;

2. Combustible material such as paper, boxes, and rags are not allowed to accumulate inside or outside the veterinary medical premises;

Temperatures are maintained between 65°F and 90°F in each room where an animal, other than livestock, is treated or housed;

4. Floors, countertops, tables, sinks, and any other equipment or fixtures used in a veterinary medical premises are maintained in a clean condition and sanitized after contact with an animal or animal tissue; and

5. Animal compartments are cleaned and sanitized at least once every 24 hours when an animal, other than livestock, is being housed and after each animal, other than livestock, vacates the compartment.

History

• Renumbered from R3-11-704 and amended effective August 31, 1995 (Supp. 95-3). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-704 Surgical Equipment

In addition to complying with the requirements in this Article, if surgery is performed on a veterinary medical premises, a responsible veterinarian shall ensure that the following is provided on the veterinary medical premises:

1. Caps, masks, and sterile gloves and gowns;

2. Sterile surgical packs, including:

i. Drapes;

ii. Sponges; and

iii. Surgical instruments necessary to perform a surgical procedure;

3. An oxygen tank that contains oxygen sufficient for each animal to whom general anesthesia is administered;

4. A means of administering anesthesia for each animal that will receive general anesthesia;

5. A fixed or portable surgical light to illuminate the surgical site; and

6. A light for use if the surgical light will not operate.

History

• Adopted effective April 26, 1984 (Supp. 84-2). Former Section R3-11-73 amended and renumbered as Section R3-11-704 effective February 24, 1988 (Supp. 88-1). Former Section R3-11-704 renumbered to R3-11-703, new Section R3-11-704 renumbered from R3-11-705 and amended effective August 31, 1995 (Supp. 95-3). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3).

Ariz. Admin. Code § R3-11-705 Mobile Clinics

A.Except for R3-11-701(1), R3-11-701(2), R3-11-701(5), and R3-11-701(6) the application process and standards contained in this Article apply to mobile clinics.

B.A Responsible Veterinarian shall ensure that a mobile clinic has:

1. An electrical power source;

2. Storage space for biohazardous waste pending disposal pick-up; and

Storage space, separate from storage space in subsection (B)(2), for the transportation of a deceased animal.

History

• Section R3-11-74 adopted and renumbered as Section R3-11-705 effective February 24, 1988 (Supp. 88-1). Former Section R3-11-705 renumbered to R3-11-704, new Section R3-11-705 renumbered from R3-11-706 effective August 31, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-706 Mobile Units

A Responsible Veterinarian shall:

1. Ensure that controlled substances and prescription-only drugs are maintained accessible only to authorized personnel,

2. Meet manufacturer's label requirements for the storage and handling of biologics and veterinary supplies and medications requiring temperature control, and

3. Maintain sterile surgical supplies and equipment.

History

• Section R3-11-75 adopted and renumbered as Section R3-11-706 effective February 24, 1988 (Supp. 88-1). Former Section R3-11-706 renumbered to R3-11-705, new Section R3-11-706 renumbered from R3-11-707 and amended effective August 31, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-707 Application for a Veterinary Medical Premises License

An applicant for a veterinary medical premises license shall:

1. Submit the following to the Board:

a. A notarized application form, signed by the Responsible Veterinarian, that contains the information set forth in A.R.S. § 32-2272; and

b. The fee required in R3-11-105, payable by certified check or money order; and

2. Pass an inspection conducted by the Board.

History

• Adopted effective April 26, 1984 (Supp. 84-2). Former Section R3-11-76 renumbered without change as Section R3-11-707 effective February 24, 1988 (Supp. 88-1). Renumbered to R3-11-706 effective August 31, 1995 (Supp. 95-3). New Section adopted effective December 11, 1998 (Supp. 98-4). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Article 8 DRUG DISPENSING

Ariz. Admin. Code § R3-11-801 Notification That Prescription-only Drugs or Controlled Substances May be Available at a Pharmacy

A.A dispensing veterinarian shall notify an animal owner that some prescription-only drugs and controlled substances may be available at a pharmacy by:

1. Stating the availability at or before the time of dispensing;

2. Posting a written statement that is visible to the animal owner; or

Providing the animal owner with written notification.

B.A dispensing veterinarian may provide a written, electronic, or telephonic prescription if requested by an animal owner and the dispensing veterinarian:

1. Has a valid doctor-patient relationship with the animal, and

2. Determines that providing the prescription is in the best interest of the animal.

History

• Adopted effective August 31, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-802 Labeling Requirements

A veterinarian shall dispense a prescription-only drug or a controlled substance in a container bearing a legible label that sets forth all of the information required under A.R.S. § 32-2281(A)(1).

History

• Adopted effective August 31, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-803 Packaging Requirements

A. A veterinarian shall dispense four ounces or less of a prescription-only drug in a childproof container unless the animal owner waives this requirement.

B. A veterinarian shall dispense a controlled substance in a child-proof container.

C. A veterinarian may dispense more than four ounces of a bulk prescription-only drug in a non-childproof container.

D. A veterinarian may dispense a prescription-only drug in the manufacturer's original dispensing package without repackaging the prescription-only drug in a child-proof container.

History

• New Section adopted by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 11 A.A.R. 5455, effective February 4, 2005 (Supp. 05-4).

Ariz. Admin. Code § R3-11-805 Storage

A. A dispensing veterinarian shall store controlled substances under lock and key except for controlled substances that are authorized by a responsible veterinarian to be administered by personnel.

B. A dispensing veterinarian shall store prescription-only drugs in an area to which members of the public are not allowed access unless accompanied by a veterinarian or a member of the veterinarian's staff.

C. A dispensing veterinarian shall store prescription-only drugs and prescription-only devices in compliance with state and federal laws and in compliance with the manufacturer's requirements.

History

• New Section adopted by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 11 A.A.R. 5455, effective February 4, 2005 (Supp. 05-4).

Ariz. Admin. Code § R3-11-807 Dispensing a Controlled Substance or Prescription-only Drug

A. When dispensing a controlled substance:

1. A dispensing veterinarian or personnel who are not veterinarians but who are authorized by a veterinarian may:

a. Select the controlled substance,

b. Count the quantity of the controlled substance, and

c. Place the controlled substance in a prescription container.

2. Licensed or unlicensed personnel may:

a. Prepare labels,

b. Prepare drug containers for controlled substances, or

c. Record information required by state and federal laws.

3. A dispensing veterinarian shall review the label of a repackaged controlled substance and the patient's medical record and ensure that the label complies with R3-11-502 and state and federal laws before the controlled substance is dispensed.

B. When dispensing a prescription-only drug:

1. A dispensing veterinarian or personnel who are not veterinarians but who are authorized by a veterinarian may:

a. Repackage prescription-only drugs,

b. Prepare labels,

c. Prepare containers for prescription-only drugs, or

d. Record information required by state or federal laws.

2. The dispensing veterinarian authorizing the dispensing shall ensure that records are maintained according to R3-11-502(K) and R3-11-502(L) and all state and federal laws are followed.

History

• New Section adopted by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 11 A.A.R. 5455, effective February 4, 2005 (Supp. 05-4). Amended by final rulemaking at 12 A.A.R. 4070, effective December 4, 2006 (Supp. 06-4).

Article 9 INVESTIGATIONS AND HEARINGS

Ariz. Admin. Code § R3-11-901 Investigations of Alleged Violations

A.A person may notify the Board of an alleged violation of A.R.S. §§ 32-2201 through 32-2296 and this Chapter. The Board also may initiate a complaint on its own motion.

B.The Board shall send a written notice to the licensee or certificate holder who is the subject of a complaint. The licensee or certificate holder shall provide a written response and all relevant records or documents concerning the complaint if requested by the Board, no later than 15 days from the date of the notice. If a medical record is relevant to the complaint, the licensee or certificate holder shall ensure that the version of the medical record provided to the Board is typewritten.

C.The Board may request the licensee or certificate holder to reply to any statements or documents the Board receives concerning a complaint. If the Board requests the licensee or certificate holder to provide the Board with additional information concerning a complaint, the the licensee or certificate holder shall respond in writing within 15 days from the date of the request.

D.The Board may request the complainant and other witnesses or the licensee or certificate holder to appear before the Board to assist in the Board's investigation.

History

• New Section adopted by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 12 A.A.R. 4070, effective December 4, 2006 (Supp. 06-4). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-902 Informal Interview

A.The Board shall conduct an informal interview under A.R.S. § 32-2234, 32-2249, 32-2274, or 32-2294 as follows:

1. The Board shall send a written notice of the informal interview to the licensee or certificate holder by personal service or certified mail, return receipt requested, at least 20 days before the informal interview. The Board shall ensure that the notice contains:

a. The time, place, and date of the informal interview;

b. An explanation of the informal nature of the interview;

c. A statement of the subject matter or issues involved;

d. The licensee's or certificate holder's right to appear with or without the assistance of an attorney;

e. A notice that if a licensee or certificate holder fails to appear at the informal interview, the informal interview may be held in the licensee's or certificate holder's absence; and

f. The licensee's or certificate holder's right to a formal hearing held according to A.R.S. § 32-2234, 32-2249, 32-2274, or 32-2294.

2. During the informal interview:

a. The Board may:

i. Swear in the licensee or certificate holder and all witnesses;

ii. Question the licensee or certificate holder and all witnesses; and

iii. Deliberate.

b. The licensee or certificate holder may question witnesses.

At the conclusion of the informal interview the Board may:

a. Order additional investigation;

b. Order another informal interview;

c. Dismiss the complaint;

d. Impose disciplinary sanctions authorized by A.R.S. § 32-2234, 32-2249, 32-2274, or 32-2294 if a violation is found; or

e. Order a formal hearing on the complaint.

B.The Board shall issue written findings of fact, conclusions of law, and order of the Board no later than 60 days from the date of the conclusion of the informal interview.

C.A licensee, certificate holder, or the Board may seek a rehearing or review of a Board decision as stated in A.A.C. R3-11-904 or A.R.S. § 41-1092.02.

History

• New Section adopted by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 11 A.A.R. 5455, effective February 4, 2005 (Supp. 05-4). Amended by final rulemaking at 13 A.A.R. 513, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-903 Formal Hearing

A.If a formal hearing under A.R.S. § 32-2234, 32-2249, 32-2274, or 32-2294 is to be held before an administrative law judge, the requirements in A.R.S. § 41-1092 through 41-1092.11 apply.

B.If a formal hearing under A.R.S. § 32-2234, 32-2249, 32-2274, or 32-2294 is to be held directly before the Board, the requirements in A.R.S. § 41-1092 through 41-1092.11 and the following apply:

1. The Board shall provide a written complaint and notice of formal hearing to a licensee or certificate holder at the licensee's or certificate holder's last known address of record, by personal service or certified mail, return receipt requested at least 30 days before the date set for the formal hearing;

2. A licensee or certificate holder served with a complaint and notice of hearing shall file an answer by the date specified in the notice of hearing admitting or denying the allegations in the complaint;

3. A complaint and notice of hearing may be amended at any time. The Board shall send written notice of any changes in the complaint and notice of hearing to the licensee or certificate holder at least 20 days before a formal hearing;

4. The licensee or certificate holder may appear at the formal hearing with or without the assistance of an attorney. If the licensee or certificate holder fails to appear, the Board may hold the formal hearing in the licensee's or certificate holder's absence;

5. The Board may conduct a formal hearing without adherence to the rules of procedure or rules of evidence used in civil proceedings. At the formal hearing, the Board shall rule on the procedure to be followed and admissibility of evidence; and

6. The Board shall send a written decision that includes written findings of fact, conclusions of law, and order to the licensee or certificate holder within 60 days after the formal hearing is concluded. The licensee, certificate holder, or Board may seek rehearing or review of the order according to A.A.C. R3-11-904 or A.R.S. § 41-1092.02.

History

• New Section adopted by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 11 A.A.R. 5455, effective February 4, 2005 (Supp. 05-4). Amended by final rulemaking at 13 A.A.R. 513, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-904 Rehearing or Review of Decisions

A. Except as provided in subsection (F), a party who is aggrieved by a decision issued by the Board may file with the Board, not later than 30 days after service of the decision, a written motion for rehearing or review of the decision specifying the grounds for rehearing or review. For purposes of this Section, a decision is considered to have been served when personally delivered to the party's last known address or mailed by certified mail to the party or the party's attorney.

B. A party filing a motion for rehearing or review under this rule may amend the motion at any time before it is ruled upon by the Board. Other parties may file a response within 15 days after the date the motion for rehearing or review is filed. The Board may require that the parties file supplemental memoranda explaining the issues raised in the motion and may permit oral argument.

C. The Board may grant a rehearing or review of the decision for any of the following causes materially affecting the party's rights:

1. Irregularity in the proceedings of the Board or an abuse of discretion, which deprived the party of a fair hearing;

2. Misconduct of the Board or its hearing officer or the prevailing party;

3. Accident or surprise that could not have been prevented by ordinary prudence;

4. Newly-discovered material evidence that could not with reasonable diligence have been discovered and produced at the original hearing;

5. Excessive or insufficient penalties;

6. Error in the admission or rejection of evidence or other errors of law occurring at the administrative hearing; or

7. That the findings of fact or decision is not supported by the evidence or is contrary to law.

D. The Board may affirm or modify its decision or grant a rehearing to any party on all or part of the issues for any of the reasons in subsection (C). An order granting a rehearing or review shall specify the grounds for the rehearing or review.

E. Not later than 30 days after a decision is issued by the Board, the Board may, on its own initiative, grant a rehearing or review of its decision for any of the reasons in subsection (C). An order granting a rehearing shall specify the grounds for the rehearing or review.

F. If the Board makes specific findings that the immediate effectiveness of a decision is necessary for the immediate preservation of public health and safety and determines that a rehearing or review of the decision is impracticable, unnecessary or contrary to the public interest, the decision may be issued as a final decision without an opportunity for a rehearing or review. If a decision is issued as a final decision without an opportunity for rehearing or review, the aggrieved party shall make an application for judicial review of the decision within the time limits permitted for an application for judicial review of the Board's final decision at A.R.S. § 41-1092.02.

G. The Board shall rule on the motion for rehearing or review within 15 days after the response has been filed, or at the Board's next meeting after the motion is received, whichever is later. If a motion for rehearing or review is granted, the Board shall hold the rehearing or review within 90 days from the date the Board issues the order for rehearing or review.

History

• New Section adopted by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3). Amended by final rulemaking at 11 A.A.R. 5455, effective February 4, 2005 (Supp. 05-4).

Ariz. Admin. Code § R3-11-905 Depositions, Issuance of Subpoenas, Service

A. A party desiring to take the deposition of a witness who is unable to attend a hearing before the Board shall submit a request to take a deposition of an unavailable witness to the Board.

1. If the Board grants the request to take a deposition of an unavailable witness, the party may proceed to take the deposition of the witness by complying with the Arizona Rules of Civil Procedure.

2. The Board may, in its discretion, designate the time and place before whom the deposition may be taken.

3. The party requesting the deposition shall bear the expense of the deposition.

B. A subpoena may be issued as follows:

1. If a hearing is to be conducted by the Board, the Board may issue a subpoena for the attendance of a witness or the production of books, records, documents and other evidence according to A.R.S. § 32-2237(F).

a. The Board shall serve a subpoena on each party at least 10 days before the hearing date.

b. A party shall submit a written request for a subpoena with the Board. The party shall submit the request in the time necessary to allow compliance with subsection (B)(1)(a).

c. The party requesting service of a subpoena shall bear the expense of the service of the subpoena.

2. If a hearing is to be conducted by an administrative law judge, a subpoena is issued by the Office of Administrative Hearings according to A.R.S. § 41-1092.02.

C. Service of any decision, order, notice, subpoena, or other process may be made personally in the same manner as provided for service of process in a civil action, or may be mailed by certified mail, postage prepaid, to the last address of record with the Board.

1. Personal service is effective on the date received. Service by certified mail is effective when deposited in the United States mail.

2. Service upon an attorney for a party constitutes service upon the party.

3. Proof of service may be made by the affidavit or oral testimony of the process server.

History

• New Section adopted by final rulemaking at 6 A.A.R. 3918, effective September 20, 2000 (Supp. 00-3).

Article 10 ANIMAL CREMATORY MINIMUM STANDARDS

Ariz. Admin. Code § R3-11-1001 Definitions

In this Article:

"Animal remains" means the body or part of the body of a dead animal in any stage of decomposition.

"Authorizing agent" means an individual legally entitled to authorize the cremation of animal remains.

"Communal cremation" means remains from multiple animals are in the cremation chamber without any form of separation or identification during the cremation process.

"Cremated remains or ashes" means the residual of animal remains recovered after completion of the cremation process.

"Cremation chamber" means the enclosed space within which the cremation process takes place.

"Individual cremation" means the remains of each animal are separated and placed in a mapped location in the cremation chamber during the cremation procedure.

"Major changes in the scope of animal crematory services," as used in A.R.S. § 32-2292(C), means an increase or decrease in the number of retorts or the addition of services offered or provided by an animal crematory licensed under this Article.

"Operator" means the individual who is responsible for the day-to-day operation of an animal crematory licensed under this Article.

"Owner" means the person named under A.R.S. § 32-2292(B)(2).

"Private cremation" means the remains of only one animal are placed in the cremation chamber.

"Process" means to reduce identifiable bone fragments remaining after cremation to unidentifiable cremated remains.

"Renewal period" means the two years between January 1 of an odd-number year and December 31 of an even-numbered year.

"Responsible Owner" means the the person designated by the crematory owner to be responsible to the Board for the operation of the animal crematory.

"Retort" means the machine used to cremate animal remains.

History

• New Section made by final rulemaking at 13 A.A.R. 513, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-1002 Obtaining an Animal Crematory License

A.A person shall not provide or represent to provide animal cremation services before submitting to the Board an application and the fee required under subsection (B).

B.To obtain an animal crematory license, the Responsible Owner of an animal crematory shall:

1. Submit an application, using a form obtained from the Board, which provides, but is not limited to, the following information:

a. Name of the animal crematory;

b. Address of the fixed location of the animal crematory;

c. Name of the person owning the animal crematory :

d. Name of each responsible owner of the animal crematory:

i. If the owner is an individual, that individual's name;

ii. If the owner is a partnership, the names of all partners; and

iii. If the owner is corporation or another business form, the names of all individuals owning at least 10 percent of the business;

d. For each individual identified under subsection (B)(1)(c):

i. Residential address; and

ii Documentation of citizenship or alien status, specified under A.R.S. § 41-1080(A), indicating the individual's presence in the U.S. is authorized under federal law.

e. Addresses of all individuals identified under subsection (B)(1)(d);

f. Social Security numbers of all individuals identified under subsection (B)(1)(d);

g. e. Names of all operators;

h. f. A description of all services that will be provided or offered by the animal crematory;

i. g. A description of the animal crematory premises;

j. h. A description of any cremation equipment; and

k. Name and signature of the Responsible Owner;

2. Submit the fee required under R3-11-1004(1);

3. Submit evidence that all operators have received training in the safe and proper operation of the crematory from the manufacturer of the retort or other provider;

4. Submit a copy of every application for or license or permit issued for the animal crematory to operate in this state; and

5. Schedule an inspection of the animal crematory by a Board designee.

History

• New Section made by final rulemaking at 13 A.A.R. 513, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-1003 Renewing an Animal Crematory License

A.An animal crematory license expires on December 31 of every even-numbered year.

B. A Responsible Owner that fails to submit a renewal application and the fee required under R3-11-1004(2) to the Board on or before December 31 of an even-numbered year shall cease providing animal cremation services until a renewal application is submitted.

C.To renew an animal crematory license, the Responsible Owner shall submit to the Board, between October 1 and December 31 of an even-numbered year:

1. A renewal application that provides the following information:

a. Name of the animal crematory;

b. Address of the fixed location of the animal crematory;

c. Name of the person owning the animal crematory;

d. c. Name of the owner of the animal crematory:

i. If the owner is an individual, that individual's name;

ii. If the owner is a partnership, the names of all partners; and

iii. If the owner is corporation or another business form, the names of all individuals owning at least 10 percent of the business;

e. Addresses of all individuals identified under subsection (C)(1)(d);

f. Social Security numbers of all individuals identified under subsection (C)(1)(d);

d. For individuals named under subsection (C)(1)(c), if the documentation previously submitted under R3-11-1002(B)(1)(d)(ii) was a limited form of work authorization issued by the federal government, evidence that the work authorization has not expired;

g. e. Names of all operators; and

h. A description of the services provided at the animal crematory;

i. A statement regarding how the services provided at the animal crematory have changed during the renewal period; and

f. Signature of the Responsible Owner; and

2. The fee required under R3-11-1004(2)

D.If a renewal application is not submitted as required under subsection (C) but is submitted before February 1 following expiration on the previous December 31, the Responsible Owner shall include with the renewal application an affirmation that animal cremation services were not provided at the animal crematory after the animal crematory license expired on the previous December 31.

E.If a renewal application is not submitted under either subsection (C) or (D), the Responsible Owner may have the animal crematory re-licensed within one year following expiration only by:

1. Submitting the renewal application and fee required under subsection (C);

Submitting the affirmation required under subsection (D); and

3. Submitting the penalty required under R3-11-1004(3).

F.If a renewal application is not submitted under subsection (C), (D), or (E), the Responsible Owner may have the animal crematory re-licensed only by complying with R3-11-1002.

History

• New Section made by final rulemaking at 13 A.A.R. 513, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 19 A.A.R. 1886, effective September 7, 2013.

Ariz. Admin. Code § R3-11-1004 Fees

Under the authority provided by A.R.S. § 32-2207(9), the Board establishes and shall collect the following fees:

1. Animal crematory license: $400;

2. Renewal of an animal crematory license: $400;

3. Penalty for license renewal after January 31 following expiration: $100; and

4. Duplicate license: $10.

History

• New Section made by final rulemaking at 13 A.A.R. 513, effective April 7, 2007 (Supp. 07-1).

Ariz. Admin. Code § R3-11-1005 Minimum Standards for an Animal Crematory

The owner shall ensure that:

1. The animal crematory complies with all federal, state, and local laws;

The animal crematory is at a fixed location;

3. The retort is constructed to withstand temperatures high enough to reduce animal remains to bone fragments yet protect persons and property from damage from excessive heat or harmful emissions;

4. The retort is shielded from public view;

5. The retort is competently installed. If the retort is installed in Arizona after the effective date of this Article, the retort shall be installed according to the manufacturer's recommendations and in accordance with all state, federal, and local laws and ordinances;

If the retort is inside a building:

a. It is vented to the outside of the building; and

b. There is adequate exhaust to prevent heat buildup;

7. The cremation chamber receives fresh air to aid in combustion;

8. The animal crematory has a storage facility that:

a. Chills animal remains to at least 40 °F;

b. Is secure from access by unauthorized individuals; and

c. Preserves the dignity of the animal remains;

9. The animal crematory has the equipment and supplies necessary to conduct cremations in a manner that protects the health and safety of crematory employees and the public; and

10. All city, county, and other building codes, restrictions, and guidelines applicable to the animal crematory are followed.

History

• New Section made by final rulemaking at 13 A.A.R. 513, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 19 A.A.R. 1887, effective September 7, 2013.

Ariz. Admin. Code § R3-11-1006 Minimum Operating Standards for an Animal Crematory

The owner shall ensure that:

1. The animal crematory accepts delivery of animal remains only from:

a. The owner of the animal remains;

b. An animal shelter or humane society;

c. A veterinarian licensed under this Chapter;

d. An individual or entity with whom the animal crematory has a written contract regarding collection, pick-up, or delivery services;

e. An authorized agent of a person described under subsections (1)(a) through (1)(d); or

f. A state, county, city, or other corporation authorized to remove dead animals.

2. Animal remains that cannot be cremated immediately upon receipt are placed in the storage facility described in R3-11-1005(8) but for no more than 30 days;

3. If animal remains are submitted for individual cremation:

a. The animal remains are cremated separate from other animal remains;

b. The cremated remains are not commingled with other cremated remains;

c. The cremated remains are removed from the cremation chamber to the extent feasible and placed in an appropriately sized and securely closed container;

d. A label containing the following information is permanently affixed to the container in which the cremated remains are placed:

i. Name of the crematory,

ii. Name of the animal cremated, and

iii. Date of cremation; and

e. The cremated remains are disposed according to instructions from the authorizing person or agent;

4. All animal remains submitted for cremation are cremated;

5. Animal remains that are communally cremated are disposed of in a legal manner;

6. The cremation chamber is:

a. Operated in a safe and sanitary manner and maintained so the cremation chamber functions in an effective and efficient manner; or

b. Operated and maintained according to the manufacturer's recommendations if the retort is installed in Arizona after the effective date of this Article;

7. Employees of the animal crematory who handle animal remains use universal precautions and exercise reasonable care to minimize the risk of injury or transmitting communicable disease; and

8. Instructions for operation of the cremation chamber, including emergency shut-down procedures, are located at the animal crematory and easily accessible.

History

• New Section made by final rulemaking at 13 A.A.R. 513, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 19 A.A.R. 1887, effective September 7, 2013.

Ariz. Admin. Code § R3-11-1007 Written Procedures Required

A.The Responsible Owner shall ensure that the animal crematory has written procedures regarding the manner in which:

1. Animal remains are identified from the time the animal crematory accepts delivery of the animal remains until the cremated remains are released according to instructions from the authorizing person or agent;

2. Authorization to cremate is obtained and documented;

3. The cremation chamber is loaded and unloaded;

4. Cremated remains are processed;

5. Cremated remains, including unclaimed cremated remains, are returned to the authorized agency or disposed of; and

6. Records are to be completed and maintained for three years from the date of service.

B.The Responsible Owner shall ensure that all employees involved in providing animal cremation services are familiar with and follow the required procedures.

C.The Responsible Owner shall make these written procedures available for inspection by the Board upon request.

History

• New Section made by final rulemaking at 13 A.A.R. 513, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 19 A.A.R. 1887, effective September 7, 2013.

Ariz. Admin. Code § R3-11-1008 Recordkeeping Requirements

A.The Responsible Owner shall ensure that records containing the following information are maintained for three years:

1. For the cremation of individual animal remains:

a. Last name of the owner of the animal;

b. Name of the animal;

c. Description of the animal, including its weight;

d. Name of the individual, facility, or organization from which the animal was received;

e. Authorization to cremate;

f. Date of cremation and in which retort the cremation occurred; and

g. Date and manner of disposition of cremated remains;

2. For a communal cremation of animal remains:

a. Name of the individual, facility, or organization from which the animal remains were received;

b. Number of animals and estimated total weight;

c. Last name of animals' owners, if known;

d. Names of animals, if known;

c. e. Authorization to cremate;

d. f. Date of cremation and in which retort the cremation occurred; and

e. g. Date and manner of disposition of cremated remains.

B.If an animal crematory uses a service to collect, pick up, or deliver animal remains for cremation, the Responsible Owner shall enter into a written contract with the service that requires the service to inform the authorizing person or agent, in writing, of the name of the animal crematory that will do the cremation. The Responsible Owner shall maintain a copy of any contract for two years after expiration of the contract term.

C.The Responsible Owner shall maintain for three years records of all maintenance performed on the retort.

D.The Responsible Owner shall make the records required under this Section available for inspection by the Board upon request.

E.Under A.R.S. § 32-2294(A)(3), the Responsible Owner shall make records required under subsection (A) available on request to the authorizing person or agent.

History

• New Section made by final rulemaking at 13 A.A.R. 513, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 19 A.A.R. 1887, effective September 7, 2013.

Ariz. Admin. Code § R3-11-1009 Change in Responsible Owner

A. A responsible owner shall not sell, assign, or transfer the license for an animal crematory.

B. Under A.R.S. § 32-2292(D), a hange of Responsible Owner, cancels a license and the Responsible Owner shall:

1. Submit the cancelled license to the Board within 20 days after the the change in Responsible Owner; and

2. Ensure that animal cremation services are not provided until an application and fee are submitted under R3-11-1002.

History

• New Section made by final rulemaking at 13 A.A.R. 513, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 19 A.A.R. 1887, effective September 7, 2013.

Ariz. Admin. Code § R3-11-1010 Change in Operator

Within 30 days after a change in operator, the Responsible Owner shall provide a written notice to the Board that includes:

1. Name of the licensed animal crematory;

2. Animal crematory license number;

3. Name of the former operator;

4. Name of the new operator;

5. Date on which the new operator assumed responsibility for the animal crematory; and

6. An affirmation, signed by the Responsible Owner, that the new operator received training in the safe and proper operation of the cremation chamber and the written procedures required under R3-11-1007.

History

• New Section made by final rulemaking at 13 A.A.R. 513, effective April 7, 2007 (Supp. 07-1). Amended by final rulemaking at 19 A.A.R. 1887, effective September 7, 2013.

Chapter 12 Arizona Exposition and State Fair Board

Article 1 DEFINITIONS

Ariz. Admin. Code § R3-12-101 Definitions

In this Chapter, the following definitions apply unless the context requires otherwise:

"Arizona State Fair Games Inspector" or "Inspector" means any person employed by the Director to enforce this Chapter. The term includes the Midway Coordinator, the person employed by the Director to coordinate midway rides, concessions, and games and assist in placing equipment assigned to the midway.

"Board" means the Arizona Exposition and State Fair Board.

"Concession" means any business that sells merchandise or services, conducts games, or provides other entertainment regulated by the Board.

"Concessionaire" means any person who owns, operates, or leases a concession and includes any person acting as an agent of the concessionaire.

"Director" means the Executive Director of the Board or a Deputy Director if the Executive Director is unable to act.

"Game" means any concession that accepts payment for providing an activity of amusement.

"Location" means the stall, stand, booth, or site from which the concessionaire operates or sells merchandise or services, conducts games, or provides other entertainment.

"Person" has the meaning prescribed in A.R.S. § 1-215.

"Player" means any person who plays a game at the Fair, whether or not the person is attempting to win a prize.

"Prize" means an item won by a player after successful completion of a game's activity.

"State Fair" or "Fair" means the Arizona State Fair, an annual exposition conducted by the Board.

History

• Adopted effective October 22, 1987 (Supp. 87-4). Renumbered from R3-4-101 (Supp. 91-4). Amended by final rulemaking at 8 A.A.R. 4838, effective December 27, 2002 (Supp. 02-4).

Article 2 GAME DESCRIPTIONS AND STANDARDS

Ariz. Admin. Code § R3-12-201 Hoop or Ring Toss Games

A. In General. A player tosses each hoop or ring over a target. The object of the game is for the hoop or ring to land on the target, with a portion of the target passing through the hoop or ring.

B. Specific Standards. A concessionaire shall:

1. Advise the player regarding the extent of the target that must pass through the hoop or ring; and

2. Ensure that hoops or rings of the same color at a location are the same size or advise the player of different sizes by posting signs or using color codes to denote different sizes.

History

• Adopted effective October 22, 1987 (Supp. 87-4). Amended effective Sept. 9, 1988 (Supp. 88-3). Amended effective September 25, 1991 (Supp. 91-3). Renumbered from R3-4-201 (Supp. 91-4). Section repealed; new Section made by final rulemaking at 8 A.A.R. 4838, effective December 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R3-12-202 Dart Games

A. General Standards. A concessionaire shall:

Ensure that the target area for metal-tip dart games is made of material that will accept and retain a metal tip dart;

2. Use darts with metal, velcro, or suction cup tips;

3. Ensure that darts are thrown by hand or propelled by a mechanical device;

4. Place the target at the back of the location, at least 3 feet but not more than 15 feet from the foul line;

5. Ensure that the target is stationary at all times; and

Construct the location in a manner that prevents darts from reaching adjoining locations or aisles.

B. Game Descriptions and Specific Standards

Balloon or Balloon Smash. The targets are inflated balloons. A player throws one or more darts to burst a predetermined number of balloons. If the player bursts the predetermined number of balloons with the darts, the player wins the designated prize.

2. Dart Throw. The targets are shapes of various sizes located on the target area. A player throws or propels darts individually at a target. If the player hits a predetermined target and the dart remains in or on that target, the player wins the designated prize.

Tic-Tac-Toe Dart. The target is a tic-tac-toe board located on the target area. If a player sticks a dart in each of 3 adjacent spaces on the tic-tac-toe board, either vertically, horizontally, or diagonally, the player wins the designated prize.

4. Add `Em Up Darts. The target consists of numbered squares located on the target area. A concessionaire awards prizes based on the total score, calculated by adding the numbers on each square holding a dart. If a dart is stuck on a line, a player may throw the dart again.

History

• Adopted effective September 25, 1991 (Supp. 91-3). Renumbered from R3-4-202 (Supp. 91-4). Section repealed; new Section made by final rulemaking at 8 A.A.R. 4838, effective December 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R3-12-203 Ball Toss Games

A. General Standards. A concessionaire shall ensure that:

1. Each ball used at a location is the same weight and size; and

2. Targets are either of identical weight and size or color-coded to show target differences, or any target difference is described on a sign.

B. Game Descriptions and Specific Standards

1. Milk Bottle. A player tosses or throws a specified number of balls at simulated milk bottles. The player wins by either tipping over or knocking bottles off a raised platform as designated by the concessionaire. A Concessionaire may vary the number of bottles and balls used in each game. A concessionaire shall ensure that:

a. The bottles are constructed of wood, metal, plastic, or a combination of these materials;

b. There are no floating or loose weights in bottles; and

c. The weight of each bottle does not exceed 7.5 pounds.

2. Milk Can. If a player tosses a ball into the opening of a milk can, cone, or similar object, the player wins the designated prize.

3. Football and Tire. If a player tosses or throws a football through a stationary tire or hoop, the player wins the designated prize.

4. Basketball and Hoop. If a player tosses or throws a basketball through a basketball or similar hoop, the player wins the designated prize.

5. Bushel Basket. If a player tosses each ball into a bushel basket or similar object mounted on a stationary backdrop at a fixed angle, and the ball stays in the basket, the player wins the designated prize. If a ball hits the rim and stays in the basket, the player wins the designated prize.

6. Cat, Circle, Star, or Diamond. If a player tosses each ball into a simulated cat's mouth or a round, diamond-shaped, or star-shaped hole, the player wins the designated prize.

7. Ping-Pong Ball and Floating Target. A player tosses each ping-pong ball into a dish, saucer, cup, or ashtray floating in water. If a predetermined number of balls remain in the dishes, saucers, cups, or ashtrays, the player wins the designated prize. A concessionaire shall ensure that dishes, saucers, cups, or ashtrays are:

a. Not stacked on top of each other; and

b. In the water and floating at water level.

8. Break the Plate, Record, or Bottle. A player tosses or throws a specified number of balls at a plate, phonograph record, or bottle. The player wins a designated prize based upon the number of targets broken.

9. Punk Rack. The targets for this game are rows of dolls or cats on a ledge at the back of the location. If the player knocks the correct number of dolls or cats over or off of the ledge, the player wins the designated prize. A concessionaire shall ensure that:

a. The dolls or cats are filled with sawdust, polystyrene, cotton, or a similar material;

b. The hair protruding from the side of the dolls or cats does not exceed three inches.

10. Rolldown. The player rolls a specified number of balls down an alley. The object of the game is to place the balls in numbered slots at the end of the alley. The concessionaire calculates the total score by adding the numbers of the slots that contain a ball at the end of the game. If a player achieves a score above or below a predetermined number, the player wins the designated prize. A concessionaire shall ensure that the alley surface is smooth.

a. 3-Pin. The player rolls a specified number of balls down an alley. The object of the game is to knock over all three pins sitting on designated spots in a triangle. A concessionaire shall:

i. Set the triangle with the two front pins on a line that is perpendicular to a line coming from the player;

ii. Set the front pins so the ball may knock down both pins if the player's roll is between the pins;

iii. Mark the alley with a grid and spots for the pins;

iv. Ensure that the designated spots are no larger than the base of the pins; and

v. Ensure that the alley is a smooth, level surface no more than six feet long.

b. Sidewinder. The object of the game is for the player to control a ball rolling down a downward-slanted, multi-curved alley by tilting the alley to one side or the other with a steering wheel. The player wins by putting the ball through a hole at the end of the alley without the ball falling off the alley. Side rails may be used on part of the alley to help the player control the ball. A concessionaire shall ensure that the alley is a smooth, flat surface with a downward angle of no more than 15 degrees.

11. Skee Ball. A player rolls a specified number of balls up a mechanical alley into numbered targets. A mechanical scorer or computer calculates the score to determine whether the player wins the designated prize. A concessionaire shall ensure that the alley surface is smooth.

12. Bank Ball. The object of the game is for a player to bank a ball off the front surface of a sandwich board into a basket located in front of the board's legs. The player shall use only the front surface of the board. A concessionaire shall:

a. Ensure that the board is a sandwich board that, together with its legs, is not more than six feet high;

b. Ensure that there are two chains attached to the legs to secure the board when it is opened to the standing position;

c. Secure the basket to the legs of the sandwich board so that the basket is a minimum of nine inches in front of the board's legs; and

d. Ensure that the board surface is smooth.

13. Kiddie Toss. A player throws a velcro-covered ball at a velcro target. If the player hits the target, the player wins the designated prize. If a ball does not stick to a target, the player may throw again with a different ball.

History

• Adopted effective October 22, 1987 (Supp. 87-4). Renumbered from R3-4-203 (Supp. 91-4). Section repealed; new Section made by final rulemaking at 8 A.A.R. 4838, effective December 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R3-12-204 Shooting Games

A. In General. A player uses a weapon to shoot a target at the rear of the location. The target may be stationary or mobile.

B. Game Descriptions and Specific Standards

1. Shoot-Out-The-Star or Machine Gun. A concessionaire provides a player with an automatic air pellet gun and 100 pellets to shoot at a star-shaped target. If the player shoots out the entire target, the player wins the designated prize. The concessionaire shall ensure that the star is not more than 1 and 1/4 inch from point to point.

2. Water Racer. The game involves group competition. A player wins a prize based on the number of players competing. Each player, using a water pistol, shoots water into a target. Water striking the target causes a balloon to inflate or advances an object to ring a bell. The player who bursts the balloon or rings the bell first is the winner.

3. Rapid Fire. The game involves group competition. Each player uses an electronic pistol to shoot at a target. Hits on the target increase the player's score. The first player to reach a predetermined score is the winner.

4. Cork Gallery. A player uses a cork gun to shoot at targets located on a shelf. If the player knocks a target over or off the shelf, the player wins a prize. The prize is based on the target knocked over or off the shelf or on the number of targets knocked over or off the shelf. A concessionaire shall ensure that the base of each target has a uniform shape, front and rear.

5. Gun Ball. A player shoots balls at stationary targets in the location. The player wins by knocking down all the targets. A concessionaire shall ensure that:

a. The balls are of identical size and weight; and

b. The targets are of identical size and weight.

History

• Adopted effective October 22, 1987 (Supp. 87-4). Renumbered from R3-4-204 (Supp. 91-4). Section repealed; new Section made by final rulemaking at 8 A.A.R. 4838, effective December 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R3-12-205 Coin Games

A. In General. A player uses a token or coin of U.S. denomination. The player pitches or tosses the coin so that it lands and remains on or in a target within the location. The target may be stationary or mobile.

B. Game Descriptions and Specific Standards

1. Spot Pitch or Lucky Strike. A player pitches a coin at colored spots located on a table in the center of the location. If the player pitches the coin so that it either touches or stays inside of a spot, the player wins the designated prize.

2. Plate Pitch. A player pitches a coin onto a glass plate. If the coin remains on the plate, the player wins the designated prize.

3. Glass Pitch. A player pitches a coin into or onto bowls, ashtrays, dishes, or glasses. If the coin remains in one of the top "target" glass items, the player wins that item.

History

• Adopted effective October 22, 1987 (Supp. 87-4). Renumbered from R3-4-205 (Supp. 91-4). Section repealed; new Section made by final rulemaking at 8 A.A.R. 4838, effective December 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R3-12-206 Other Games

A. Tip-Em-Up Bottle. A concessionaire provides a player with a pole that has a string attached to it at one end. A hoop or ring is attached to the other end of the string. If the player, using this "fishing" pole with a hoop or ring, raises a bottle lying on its side to an upright position, the player wins the designated prize.

B. Hi-Striker. A player, using a wooden or metal maul, strikes a lever that causes a metal weight to rise on a guide line or track and ring a bell. If the player rings the bell a predetermined number of times, the player wins the designated prize.

C. Rope Ladder. A player climbs a rope ladder that is anchored at both ends, but swivels. If the player rings the bell or buzzer at the top of the ladder, the player wins the designated prize.

D. Whac-A-Mole. A player hits as many animated moles as possible with a rubber mallet in a five hole target area. The animated moles pop up and down at random in the holes. The first player to hit a predetermined number of moles wins the designated prize.

E. Speed Bump Bowling. A player rolls a bowling ball or similar ball over a hump in a track. If the player rolls the ball to the other side of the hump and the ball remains there, the player wins the designated prize.

F. Speedball Radar. A player throws a specified number of balls past a radar device to establish the speed at which the balls are thrown. This enables the player to estimate the speed of the ball. If the player accurately estimates the speed of the last ball thrown, the player wins the designated prize. A concessionaire shall ensure that the radar device is mounted in a stationary position.

G. Horse Race Derby. A player advances a horse by shooting or rolling a ball into a target area. The faster and more skillfully the player shoots or rolls the ball into the target area, the faster the player's horse will run. If the player's horse is the first to cross the finish line, the player wins the designated prize.

H. Shuffleboard. A player pushes a specified number of pucks down a shuffleboard alley to knock over pins at the end of the alley. If the player knocks down all of the pins, the player wins the designated prize.

I. Beanbag. A player tosses or throws a specified number of beanbags or simulated beanbag at cans, bottles, or other objects on a raised platform. If the player knocks one or more objects off of the raised platform or tips one or more targets over, the player wins the designated prize.

J. Soccer Kick. If a player kicks a soccer ball through a hole in the target area, the player wins the designated prize.

K. Pool Table. A player using a pool cue and solid white cue ball is given a fixed number of chances to shoot a fixed number of multicolored balls into targets or pockets on a pool table. The number of chances and multicolored balls used is based on the type of prize offered. The first shot is to break or separate the multicolored balls from their racked position on the table. During the first shot, any multicolored balls that strike targets or fall into pockets count toward the player's total score. After the first shot, the player shall specify the colored ball or balls and the target or pocket for the ball or balls. If, after the first shot, the specified ball or balls do not strike the target or fall into the pocket specified, the player loses the game. If the solid white cue ball strikes a target or falls into a pocket on any shot, the player loses the game. If the player shoots all balls on the table into the specified targets or pockets using the allotted number of successive shots, the player wins the designated prize. A concessionaire shall ensure that the pool table surface is smooth, level, and in good repair.

L. Put Out The Light. A player drops five metal plates measuring four inches in diameter onto a target surface measuring six and 3/8 inches in diameter in an effort to completely cover the target surface. The player drops the plates from a designated height, marked by an electric beam that triggers a buzzer. The buzzer sounds to alert the player and concessionaire of any height violation. If the buzzer sounds and the player drops a plate, the player loses the game. Once dropped, plates are not moved until the concessionaire makes a final determination of a winner. If the player completely covers the surface with the plates, the player wins the designated prize. The concessionaire may change surface and disk size in proportion to the measurements listed above. These changes are subject to the approval of the Arizona State Fair Games Inspector who shall rule on the requested changes immediately.

M. Fisharama. A concessionaire provides a player with a pole that has a string attached to it at one end. A magnet is attached to the other end of the string. The player uses the magnet to catch a predetermined target that is visually distinguishable from other targets floating in a water-filled elliptic trough. If the player catches the predetermined target, the player wins the designated prize. The concessionaire shall ensure that the magnets can stick to and pick up each of the potential targets.

N. Flipgame. A player propels an object into a target by using a mechanical launching device. The player positions the object on the launching device and then propels the object by striking the device with a rubber mallet. If the player flips the object into the target, the player wins the designated prize. The target may be stationary or mobile.

O. Wacky Wire. A player passes a metal wire with a minimum one-inch circular opening in the middle of the wire down a curved wire moving clockwise during play. The player wins by passing the wire down to the base of the moving curved wire without touching the moving curved wire. A buzzer signifies any touch by a player.

History

• Adopted effective October 22, 1987 (Supp. 87-4). Renumbered from R3-4-206 (Supp. 91-4). Section repealed; new Section made by final rulemaking at 8 A.A.R. 4838, effective December 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R3-12-207 [REPEALED]

History

• Adopted effective October 22, 1987 (Supp. 87-4). Renumbered from R3-4-207 (Supp. 91-4). Section repealed by final rulemaking at 8 A.A.R. 4838, effective December 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R3-12-208 [REPEALED]

History

• Adopted effective October 22, 1987 (Supp. 87-4). Renumbered from R3-4-208 (Supp. 91-4). Section repealed by final rulemaking at 8 A.A.R. 4838, effective December 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R3-12-209 [REPEALED]

History

• Adopted effective October 22, 1987 (Supp. 87-4). Renumbered from R3-4-209 (Supp. 91-4). Section repealed by final rulemaking at 8 A.A.R. 4838, effective December 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R3-12-210 [REPEALED]

History

• Adopted effective October 22, 1987 (Supp. 87-4). Renumbered from R3-4-210 (Supp. 91-4). Section repealed by final rulemaking at 8 A.A.R. 4838, effective December 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R3-12-211 [REPEALED]

History

• Adopted effective October 22, 1987 (Supp. 87-4). Renumbered from R3-4-211 (Supp. 91-4). Section repealed by final rulemaking at 8 A.A.R. 4838, effective December 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R3-12-212 [REPEALED]

History

• Adopted effective October 22, 1987 (Supp. 87-4). Renumbered from R3-4-212 (Supp. 91-4). Section repealed by final rulemaking at 8 A.A.R. 4838, effective December 27, 2002 (Supp. 02-4).

Article 3 CONCESSIONAIRES

Ariz. Admin. Code § R3-12-301 Safety

A. A concessionaire shall:

1. Operate a concession in a safe manner; and

2. Use equipment that is in good, safe operating condition.

B. A concessionaire shall use material in the construction of the concession that is in good, safe condition for the concession's intended use.

C. If an Arizona State Fair Games Inspector believes there is a hazard in concession operation, equipment, or construction, or any component of the equipment or construction materials, the Inspector shall close the concession until satisfied that the concessionaire has corrected the hazardous condition.

History

• New Section made by final rulemaking at 8 A.A.R. 4838, effective December 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R3-12-302 Posting Prizes and Game Standards

A. For every game a concessionaire shall conspicuously post, during all times of operation, a sign stating:

1. The price of the game;

2. Clear game instructions and standards; and

3. The exact task the player is required to complete to win the designated prize.

B. A concessionaire shall use a sign made of wood, metal, masonite, or a similar sturdy material, with block lettering of a contrasting color, at least two inches high.

C. The concessionaire shall not charge more than one price to play a game, except that the concessionaire may charge a separate price for children. If the concessionaire charges a separate price for children, the concessionaire shall post a sign that states the maximum age for the children's price.

History

• New Section made by final rulemaking at 8 A.A.R. 4838, effective December 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R3-12-303 Prizes

A. A concessionaire shall display all prizes while the game is open to the public.

B. A concessionaire shall not:

1. Award prizes that are not displayed;

2. Award cash prizes;

3. Buy back for cash or any combination of prizes, articles, tickets, numbers, or other medium of exchange, any prize won by a player at the Fair; or

4. Offer the following merchandise prizes:

a. Weapons of any kind, such as firearms, knives, whips, martial art items, bike chains, studded jewelry and accessories, water pistols or guns, or pea or bean shooters;

b. Fireworks of any kind;

c. Handcuffs or fingercuffs;

d. Melted glass bottles;

e. Items that are inconsistent with the state's interest in providing entertainment for families and children;

f. Eyeglasses, other than sunglasses;

g. Medicine or drugs of any kind; or

h. Fowl or animals, except goldfish.

C. An Arizona State Fair Games Inspector may prohibit other prizes, based on prize or merchandise:

1. Safety;

2. Legality; or

3. Value.

History

• New Section made by final rulemaking at 8 A.A.R. 4838, effective December 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R3-12-304 Valuable Prize Limit

A. A concessionaire with a valuable prize may request authorization from the Board to limit the number of valuable prizes any player may win to one prize from each game location during each day of the Fair. The concessionaire shall make the request before the Fair opens. The Board shall authorize the valuable prize limit if:

1. The wholesale value of the prize is $25.00 or more; and

2. The prize is won by successfully completing the game's activity once.

B. If authorized, the concessionaire shall post a sign at the game location that indicates the valuable prize limit.

History

• New Section made by final rulemaking at 8 A.A.R. 4838, effective December 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R3-12-305 Lease Standards

A. A person shall not operate a concession at the Fair without first leasing a location for the concession from the Board.

B. An applicant shall provide a document, incorporated by a reference in the lease, that lists the dollar value and total number of each type of prize merchandise that will be offered at the Fair.

C. An applicant shall provide a document, incorporated by a reference in the lease, that lists all prices that will be charged for merchandise, services, games, or other entertainment provided to patrons of the Fair.

D. Any person may apply to lease a location at the Fair for a game. An applicant shall send a letter to the Board that contains the name of the game, a description of the game, location requirements, the exact location for all game components, the applicant's name and address, and a current photograph of the stand. A lease is nontransferable. The lease for each game applies only to the concessionaire who enters into the lease.

E. The Board shall determine the rent to be paid under each game concession lease and ensure that this dollar amount is specified in the lease. For front stand games, the rent is computed by multiplying the footage requirements for the front of the game space by a dollar amount determined by the Board and adding any insurance and utility costs. For center stand games, the rent is computed by multiplying the footage requirements for the front and one side of the game space by a dollar amount determined by the Board and adding any insurance and utility costs. The Board shall not use less than a 10-foot minimum footage requirement in its rent calculations.

F. A separate lease is required for each game concession at the Fair unless:

1. All games are in the same location;

2. The games are not separated by a wall or partition;

3. The games are identical;

4. The prizes for each game are identical; and

5. The price for each game is identical;

G. Upon consideration of the factors in subsections (F)(1) through (F)(5), the Board may include up to 10 games under one lease.

H. A concessionaire shall operate during the hours specified in the lease.

I. The Board and the concessionaire may mutually agree to modify the terms of a lease and shall memorialize any modification in an amended lease.

J. The Board shall not lease a location to an applicant if the applicant makes a material misrepresentation on the application or in documents submitted with the application. If a concessionaire has made a material misrepresentation to the Board, the Board shall cancel the concessionaire's lease, using the applicable provision in the lease, and remove the concession from the Fair.

History

• New Section made by final rulemaking at 8 A.A.R. 4838, effective December 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R3-12-306 Uniforms

A concessionaire shall supply uniforms for agents. A concessionaire shall ensure that agents keep the uniforms in a clean and serviceable condition and wear the uniforms during the hours of the Fair.

History

• New Section made by final rulemaking at 8 A.A.R. 4838, effective December 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R3-12-307 Concession Location

A concessionaire shall not sell merchandise or services, conduct games, or provide other entertainment more than four feet from the concession location.

History

• New Section made by final rulemaking at 8 A.A.R. 4838, effective December 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R3-12-308 Sound Control

A concessionaire operating any loudspeaker at the Fair shall control the volume so that the loudspeaker does not interfere with other concessions or adversely affect Fair patrons. For the game concession area, the maximum decibel level for a loudspeaker is 90.

History

• New Section made by final rulemaking at 8 A.A.R. 4838, effective December 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R3-12-309 Height and Line Designation

A concessionaire shall designate a line behind which players stand to play a game. If the game is trailer mounted, an Inspector shall designate the height of the base on which the game is set, based upon safety considerations of R3-12-301 and fairness to the player.

History

• New Section made by final rulemaking at 8 A.A.R. 4838, effective December 27, 2002 (Supp. 02-4).